HomeMy WebLinkAboutMinutes 05/07/1973353
Council Meeting
MINUTES OF•.MEETING'
OF CITY COUNC °IL .
PETALUMA, CALIFORNIA.
May .7 ,- 1973
Regular meeting of.the City
City of Petaluma was called
Mayor Putnam at the hour of
Council of the
to order by
7:30 o'clock p.m.
Attendance
Present: Councilmen Brunner, Cavanagh, Jr.,
Clecak, Matteis Perry, Jr., and
Mayor Putnam.
Absent: - Councilman Daly.
Invocation
Due to the absence of the Reverend Carl Young,
Freewill Baptist Church, no invocation was
given.
Approval of Minutes
The minutes of April 1.6, April 17, and April
30, 1973, were approved as recorded.
CONSENT CALENDAR
A motion was made by Councilman Mattei and
seconded by Councilman Clecak adopting the
Consent Calendar with Agenda Item #11 removed
for consideration as Agenda Item #39. Motion
carried unanimously.
Agenda Item #1
Resolution #6273.N.C.S. authorizing the Mayor
Agreement =- Wells
to enter ; nto with Wells Fargo Bank,
Fargo Bank.
N.A., to ac,t as paying agent (re 1973 Refunding
Res #6273 NCS
Bonds).
Agenda, Item #2
Resolution #6274 N.C,..S. authorizing the Mayor Xl(o F
Agreement- -Bank
to enter into an agreement with the Bank of
of America
America to increase Fiscal Agent fees re 1959
Res #6274 - NCS
Water Revenue Bond .
Agenda Item #3
Resolution #6275 N -.C..S. setting hearing date J��°
Casa Grande
(June •18, 1973) re "Casa Grande Annexation #1."
Annexation #1
Res, #62 -75 NCS
Agenda Item #4
Resolution #6276 N.C..S..setting hearing date 15r6F
Appeal -- Donald
(May 21; 1973) regarding appeal of Donald.E.
E. Waite
Waite from an adverse decision of the Planning.
Res #:627'6 NCS
Commission with regard to'site design.
Agenda. Item #'5
Resolution. 46277 'N.,C.S. setting hearing date
Appeal -Lieb
(May 21, 19.73) re appeal of Lieb and Quar.esma,
and Quaresma
et .,al, on_Plannng'Commssion denial to rezone
Res #.6277 NCS
A. P. #'7- 154 -09 through A.P. 07- 154 -18 from an
M -L (Limited'Industrial) District to C -H (Highway
Co District.
Agenda Item t6
Demolitidn and
Removal of
Buildings - - "B"
Street Pump
Station
Res #6278; NCS
Agenda Item #7
Claim Denial
Res #6279 NCS
Resolution #6.278, N.C.S. accepting completion SMF
of work.,for "Demo and - Removal of Buildings -
,'B' Street Pump :Station."
Resolution #6279.N.C.S denying claim of Joanne 0/,o
Konigsberg for $15.
54
May 7, 1973
w
Agenda Item #8,
Resolution. #6,2180 N.,C.S. calling and. ,providing
�"
Regular Municipal
for a Regular Municipal Election to be held
j
Election
June 12 including the Petaluma High.
Rees #6280 NCS
School Di:.s.tric't,:for the purpose of electing
Street Parcel
public, officers; to: vote, on .an Advisory. Measure;
Ord, #11085 NCS
designating the precincts and pol,l,ing places .
for the election,; and - appointing election
.officers and providing -not therof'.-
f
Agenda- Item -, #1.4
1 .
Agenda Item #9.
Resolution' #6221 N.-C.S. granting.- Martin Knapp
e'
Rollins' Sub-
an extension of time within which to complete
division
the public . improvemen -ts for Rollins' Subdivision.
Res #.6.281 NCS
D.istric.t.to M -L (Light Industrial) District,
Agenda Item #1.0
Resolution, #628,2. N.C:.S. granting Camille
Cherry Valley
Enterprises an extens -ion of time within which
Estates
to complete the.;pub;lic.ifnpr:ovements for Cherry
3
Subdivision.
Valley Estates Subd,ivi,sion.
Res . # NCS :
Letters; dated April 17, 1.973, from the State
Department of Public,H`ealth that the records
Petaluma Water
I t , qrq
c#1,0$4 �'N'.C,:S. amending Article 7,
of' the 'State Bur:eat of Sanitary Engineering,
r
M nimum Lot� Width
ctio
SO'e,Fn 22 . 7. 40.3 of_ 'the Petaluma City Code
show that the.bacteriolo_gical quality' of the
Ord #1.084 'NCS'
of-,1958 to . establish minimum lot width was.
ordered posted,.
Agenda Item #1.6. Copy of appli,gat' on filed with Alcoholic
ABC Bevera Control for. transfer of On -sale Beer
and.- Wine .Eating Place from ;Lido G'. Marini, and
Ne1lo Miele to L G , _and. Emma Masini for'
Villa Lido Very. Fine Italian Restaurant, 508
Petaluma Boulevard South; approved:by the
Chief'o.f Police,, Building In- spec;tor':and
Health Sanitarian,
Agenda Item .# 17
0 Water Pollution
Contr_oh Facilities,
Project .1972
Weed Abatement
X Res 462,83 NCS
A
Letter from the State Divis of Water Quality
Control that the plans and specifications for
Project #C=06 (Water pollution Control
Facilities, .Project, 1972) have 11 approved .
by the State with certain conditions._
Thi-s being the time set to .hear protests or
comments on weed abatement,,the City Clerk
1
I
Agenda Item 413
Ordinance #1085 N..C.S..,amending 'Zoning Ordi-
�"
Rezone -- South
nance , #`1072 N..C.S.' by reclas'sifyin * A P. #7-
j
McDowell Blvd.
.
028 --13 ' from, an R' - =1500 (Multi- .family ressiden-
and McKenzie
ti District to- C- C. (Central Commercial)
Street Parcel
District, located on the northeast.corner of
Ord, #11085 NCS
South McDowell Boulevard and_McKernzie Street
adjacent,t'o the Was Square ,Shopping
Center,'w.a's Ordered - published.
f
Agenda- Item -, #1.4
Ordinance 41086 N.C.,S . amending Zoning Ordi-
Rezone Petaluma
•na.>n.ce *1072 N.C.S. by prezoning A.P., #13
Industrial Park
17, -18 -, -22, and -40 (Petaluma Industrial
#2
Park • #2') '.from County M' -L (Light Industrial)
Ord #1086 NCS
D.istric.t.to M -L (Light Industrial) District,
located. in the area between *the Northwestern
Pacific.Railroad and .exterid n4 northwesterly
from Corona. Road to -the existing ;City Limits
at McDowell Road*, was ordered pub.li,sh'ed.
Agenda-.Item #15
Letters; dated April 17, 1.973, from the State
Department of Public,H`ealth that the records
Petaluma Water
Quality Standards
of' the 'State Bur:eat of Sanitary Engineering,
show that the.bacteriolo_gical quality' of the
Petaluma water supply has met-the water° quality
standard's every .month. for the year 19;72.
Agenda Item #1.6. Copy of appli,gat' on filed with Alcoholic
ABC Bevera Control for. transfer of On -sale Beer
and.- Wine .Eating Place from ;Lido G'. Marini, and
Ne1lo Miele to L G , _and. Emma Masini for'
Villa Lido Very. Fine Italian Restaurant, 508
Petaluma Boulevard South; approved:by the
Chief'o.f Police,, Building In- spec;tor':and
Health Sanitarian,
Agenda Item .# 17
0 Water Pollution
Contr_oh Facilities,
Project .1972
Weed Abatement
X Res 462,83 NCS
A
Letter from the State Divis of Water Quality
Control that the plans and specifications for
Project #C=06 (Water pollution Control
Facilities, .Project, 1972) have 11 approved .
by the State with certain conditions._
Thi-s being the time set to .hear protests or
comments on weed abatement,,the City Clerk
1
I
Ii, 17
355
May 7, 1973
Weed Abatement announced that•'no,written communications were
Res. #6283 NCS received..
(continued)
The h:ear.i`ng was declared open.
In re's'ponse to a question from Mr. Earl Deneau,
1,6 Cherry Street; Fire Marshal Clyde Thomas
explained that the Weed Abatement Notice was
addressed to Mr. N. ,Jones, former-owner of the
parcel at_. l6 Cherry. Street, because the County
Tax Records-show Mr. Jones as the - 'owner until`
next.March.,when the recorded are updated. As
no,other comments were .heard, the hearing was
close' d,,- whereupon, Resolution #6283 N.C.S.
ordering. abatement of- nuisances consi sting of
weeds , growing and rubbish,' refuse, and dirt
existing upon the streets,` sidewalks, parkways,
and parcels of private property in the City of
Petaluma and ordering the.Fire Chief.to remove
said weeds, refuse,'rubbish, and dirt, was
introduced by Councilman Mattei, seconded by
Councilman Perry, Jr,_ and• adopted by 6 af1irma-
tive'votes, l absentee.."
Appeal -= ,Newman Nelson Appeal filed by Newman Nelson of Planning Com -���
Ord• #1087 NCB mission denial to rezone 210 Vallejo Street
from °an R -2= 3 (Twb family residential)
District . to , a C - (Neighborhood Commercial)
District,! submitted and filed.
A1L required - documents relating to the appeal
and rezoning submitted and filed.
Planning Director William C..McGivern presented
a_ map of the area- showing the . location of the
parcel involved - (approximate y feet''south
of East Washington Street) . 'He reported' that
t'he,P,lanning Commission denied,the rezoning
application for two basin reasons: fihe Com-
mi.ss:ion intends to maintain commercial frontage
on East Washington Street with no access of,
commercial.development "on an inner street, and
the .Commission was` of the possibility
of; further penetration of the Commercial Neigh•-
borhood•District.in.to the-R-2-3,,000 District.
Mr. McGivern continued by saying that the staff
recommended approval of the rezoning request
because the•us.&- .would be a definite buffer
beaween'the commercial and residential area and
would establish a•,continuity of-
The public hearing•was open.
Mr•; Byron.Ne.lsonf representing the applicant
°. Newman,Ne.lson, appeared before the Council
in support of-the rezoning request.
The hearing was closed and Ordinance. #1087
N.C.S. amending Zoning #1072 N.C.S.
by reclassifying the property located at 2,10,
Vallejo Street, Petaluma, from an.R -2 -3,000
(Two- family,Residential) District to a C -
(Neighborhood. Commercial) District, was intro
duced by Councilman Brunner -, seconded by'
Councilman Clecak,.and ordered published by
6.-:.affirmative vote,s', .l absentee.
e356
May 7, 1973
®r Washington Street
50 Widening- -Keokuk. to
Kentucky Streets.- -
ProJect GT- 1 -;72.
Res #6284 NCS'.
Notice:• the subject project.
was duly publi•shed•,.
Di_r.eetor , of Public Works David Young reported
that the following.two bids-were received at
the bid opening May 1, 197.3 :
Name Amount
Ghilotti Brothers,: Inc. $107,492.20
McGuire and.He'ster $137,339.00.
Mr.. Young- explained -that high labor costs
volved ; with the project and inflation trends .
are the basic reaons 'for the b.id. exceeding
e
th Engineer's estimate by $20,000. He, recom-
mended that the low bid be accepted. ''Mt. Young.
also pointed out that the subject project'does
not include signal installation at Washington
and - Kentucky Streets and at Washington. and`
Howard Str:eet�s.• This will be'a s'epara"te. project..
Following some-di . on financing of the
project and -some details regarding the - project,
Resolution 46,2,84 N.C.S. awarding contract,-in,
ac.cordance'with.the plans'and specifications
for the subj�gpt., pr-oj,•ect, was, introduced by
C.ou - Mattpi',,, seconded by Councilman
Perry, ; , and .adopted by the following vote:
Ayes:: Councilmen-Clecak, Ma•t,tei, Ferry, Jr.,
and Mayor - Putnam.
Noes,::. Councilmen. :Brunner and Cavanagh," Jr'.
Absent: Councilman Daly..
Councilman Cavanagh,, Jr., qualified �hi,s , "No
vote by .stating that his vote was not•against-
the-contractor, but heA felt -there were a few
uncertainties,c'oncerning the project- with - which
he was not particularly happy.,
Wayne Diggs, Mr . Wayne Diggs -,; representing a number° of resi-
31�1 8L3 Cindy Lane dents * in the Che =rry Valley.. Estates Subdivision,
appeared,bafore the Council .very apse tyhat .
after arriving five :minutes lat:e the Council
had already granted an extension =of time to
Camille Ent'erprise's for -, comp`letion of public
improvements in Cher -ry Valley Estate Subdivision.
as Agenda. Item #14 on the Consent Cal,end'ar. In
addressing the. Council, he stated, that his let-
ter regarding grading'and drainage defects at
his home'at.8L3 Cindy Lane.was on the April 2,.
1973, 'agen"da and r.e cheduled on April 3, 1973, . .
a -t 4 •00 O' clock. He; added that he was • unabl'e.
to attend t afternoon meeting to discuss ,his
.. complaint. (The Council on April 3rd approved
the. recommendation of the Chief Building In,spectol
that Camille Enterprises be requested to.complete
- all subdivision improvements and.on. -site grading
prior 'to the f °riaing' of any further _building
permit -s in the subdivision.)
Director of.P'tibl c Works David. Young explained
that the extension of time was .granted to
6
May 7, 1973
357
Wayne Diggs {;;L"!,
Camill "e- Enterprises to - : complete public improve -:
813 Cindy
merits' and that the action does not ;involve
.Lane
(continued)
private property; however, he-added, that if
an on. -were: not granted the only, alterna--
tine Would be- to• turn -the completion over to
the bond•, - holder .
Mr. Diggs continued discussion on the problems
and asked that the Council be made aware of
the complaints reg.ister;ed.. City Manager Robert
Meyer referred to severl other letters received
regarding-similar complaints as well as a com-
plaint regarding incompleted homes, which letters
have been .refer to the various departments
-
involved for report to the Council. The Mayor
stated that the matter will be on the May 21st
Council agenda. Mr.-Diggs• was informed'to con-
tact staff members if he wished to discuss the
matter further.
Discussion then continued on matter of
not. permitting occupancy of homes before public
and private.improvements are completed. Mr.
Marino Crinella local. developer, claimed that
such' a restriction would create a hardship on
the contractors.
After- .some the.City Attorney
was directed-to explore the possibility of
legislation -in regard to requiring completion
of all improvements before accepting the sub-
d and allowing occupancy and to check
with other communities in this.respect.
Complaint Re Foothill Letter; dated April 4 1973, from Mrs. Lois
Manor and Casa Grande D ._Kana,. and,President of La Tercera
Homes Homeowners' Asseciation,.re_questing to be heard
regarding inc,ompleted repairs on homes in
Foothill. Manor , and Casa Grande, read.and filed.
Mayor Putnam briefly'reviewed the history of
the .La_.Tercer•a•.Homeowners' concern regarding
problems of -i- ncompleted repairs ,and a recent.
meeting with staff members, Mrs. Kana, and the
developers to discuss.the problems involved.
This meeting * concluded - with the develo.pei.and
Mrs. Kana to °in order to review.the list
Of :repairs
Mr.s. Kana appeared before the Council stating
that tyre meeting between Mr. Lehrer of Condiotti
Efiterpry sas and her is to be .held tomorrow
morning.
In_-disc;uss,ing the problem, Mrs. Kana asked the
Council for assistance and wanted to know where
the responsibility lies in the matter. In.dis-
cussing responsibility the City AItorney pointed
;- out that the City,`z)responsibifity,does not go
beyond meet `:ng >sthe'.requir ; ements_.of the Uniform
Building Code and any problems developing there -
after the r'esponsib:lity.of the builder /con-
.; _ tractor . and -the;.purc"hayser. If-there is continued
dissatisfaction,-.;Mr. Robert stated that there are
methods. ,availabl : e --an the courts; and, in addition,
there is the po.ssibi°lity of involving the State
Contr.actors'�Licensing.Board.
358
May 7, 1973
Complaint -Re- Foothill, Considerable d- scussion,follow:ed inspections,
Manor and Casa Grande the kinds .of repairs• needed, and the problems
Homes. with ,adobe soil shifting. Some members of'the
(continued) Council expressed concern of'the City's.responsi'b
il.ity and�t'he various charges presented.
Others who spoke, in regard the problem were:
Mr.-B'ergman (name unclear), address unknown;
.Lynn Pu 222:4 .Mari Lane;
-Mr ' Hurd`; address 'unknown;
Rosemarie Drexler, 1714 - Caracas Court.
Mrs.. Pullar presented a building:ins,pection•
card: issued.. for her home, which , was, not signed
by.the Building., for the various
stages of inspections. This was referred to
.the City Manager4 for investigation.
Recess,
330 English Street.-
�f Parking Meter
`. Problems .
Upon conclusion_ of-the discussion., it was agreed
by the Council to schedule'a meeting following
contact by. Mr:s • Kana. after her meeting tomorrow
with-Mr'. Lehrer :off Condiotti,Enterprises. Mrs.
Kan'a :requested that .a set ,of the House plans
.f.or the two subdivisions be ..brought to the
meeting..-
The :Mayor-declared a.recess at 9:25 o'clock
p.m. The meeting reconvened at 9:35-o'clock
P .M.,
Letter, dated 'May-1, 1973, from Mrs. Lois
Beasley•, reque•s.ting, - to be-placed—on the next
agenda_, .re;ad and -filed.
Board -of Appeals Order.,, dated May 1, 1973, that:.
the struc.ture.at 330 English Street is beyond
repair and. that it be demolished either by the
owner or by the City of Petaluma, submitted
And filed
Mrs. Beasley appeared before the Co.unc1l and
briefly reviewed, the "history property,
which was.ordered by the Council on April 3,,'
1973,. to 'be demolished following suspension of
work . on.Bu- ilding Permit issued October 20, 1972.
She claimed•that'a number of, delays and the wet
winter,prevented.work on the building, and she,
asked for ani extension of time to complete the
necessary repairs. She presented q.uotatioris .
r- eceived from plumbing, and electrical contractors
for work ori.the building.
Due to the, fact that the Chairman,o.f the Appeals
Board, was not present to discuss the basis of -
they : :Board'•s demolition order, the .matter was
postponed -for'further consider.a;tionsat the
May 21, 19'73, Council meeting. Mayor. Putnam
st'a.ted that!. will co_ ntact the Chairman of
the Board this week obtain the necessary_
information
Letter, dated April +11, 1973, ,from Barbara Madick
regarding :,the downtown parking meter problems
And urging- the'Counc l to study the overall
problem and'to work xith the merchants to find
a'more'piausibld'•solu'tion', submitted and filed.
1
1
f, _ t � ,a.:. ' :{}'. r .a � 'rlr•= ..
May 7, 1973
3 RI fj
e➢e.l
Parking ,Meter
:. .The- letter'_.was`:- referred to the.-Traffic Committee
Problems
.and.to.the Chamber. of...Commerce.for its overall
(continued).... -
study,.of; the downtown - area.
SB 50.2
Letter and resolution from the City of'Long
Beach urging the enactment of Senate Bill 502,
"The „Federal Aid Highway :Act of 1973,'.' pertaining
to'urban public transportation, submitted and
filed..
No action was -,and the matter,was held
over for consideration at a later date.
Mr..Fisher addressed the Council on behalf of
rapid,transit and, Be'rgman expressed. concern
of se.tting*,a precederit.of diverting funds.
AB 594
Letter :,.da , ted.Ma-rch 2'7; 1973, from Assemblyman.
Dixon requesting support.of his bill AB 594
regarding:re.turnable. beverage containers, sub-
mitted. filed..;
City.' Manager also referred to a
letter from the. Board of Super-
.,..
visors..endors.ing_Assembly Bill 594.. The City
Attorney was directed to prepare legislation
for,Council consideration on this matter for
May 21, 19
1
Water Pollution
Control Plant
BAS S;A
Res #6285 NCS
Letter, - dated -April 20, 1973; from S' +idney S.
Lppow,.Chairman, California Regional Water
Quality Control Board,.:requesting..certain
information-regarding- the Board'' s policy that
sewerage =agencIes maintain adequate treatment
capacity ahead of growth in connections to
s- ewer.''.systems, submitted and filed.
:Director of Public - Works David. Young was
directed to respond,to the letter on behalf of
the Council with assistance from Planning
Director William C.
Letter, dated -April .6,-°1973, from Paul C. Soltow,
General Manager., Bay Area Sewerage Services,��
Agency, with copy of- Resolution #73 -13 of BASSA
requesting.designation as area -wide waste treat -
_.ment,and :mana.gement agency for the San Francisco
,Bay Area -under provi of Section 208 of the
°-Federal Water Pollution.Con.trol Act of 1972; and
further ireque.stiriq a similar resolution
be adopted. to�demohstr -;ate the common concern of
the people of.the Bay,.Area for planning to
achieve national goals of clean water, read
and fi 'led..
..
Fo.l n a ..
`low .g br.ie_-f_re:port by Councilman Cavanagh
Jr., on this request, Resolution #6285 N.C.S.
urging _. designation -.of the , Bay Area, Sewerage'
Services Agency -as ,.the ,Ar.eawide Waste Treatment
..
Planning; Agency. for the San Francisco Bay Area,
was fitroduced:by Councilman Cavanagh, Jr.,
seconded - by Councilman_Brunner, and adopted
by 6_,affirmative votes, 1 absentee.
Dairy Days Letter;, dated May : 2, 1973, from Mr. B. A. (Pat)
Res #6286 NCS Shannon, Executive Vice - President, Chamber of
Commerce, that the Downtown Merchants' Associa-
ton requests closing of Street between
May 7, 1973
Dairy Days Western - Avenue and� Washington, Stre.et and to pipe
Res #628 NCS in music on-a PA 'system for. Saturday, �May- 1-9-,
(continued) 1973-,, betivqiax 10,:.0'01 a.m. and 4:00 p.m... fo 'the
closing of.."Dairy Days"'eveints,, read and
filed-*.
Mrs'.. Ireii .'Chambers of the Downtown Merchants'
As.s
oe'l-atio�'n, Council on behalf of
th6 re ' . She fur.t'her,stated that proper,
quest . I . I . .
supervision of the anim - Eb be displayed
e.-te 1 y 0 various . associations
b e th si:b`-_lit J f the J
inv6_lve6.-'- Mrs.� Chambers also reque'sted that.
pony.ri-des b& a'l - lowed foT-May 19th only on the
Va 1 the southwest corner o.f Kentu'cky
S . treet �:and Western, Avenue (with permission f rom
the propei�ty Qwher)
Resignation".-
City Clerk
Claims and Bills
Res, #62 - NCS
Preliminary
4
Budget 1973-74
After' -a - short. discussion, it was decided to.
.,a.pproye the,,total req.tiest on the basis that.the-
Down-town Me �Asso'cdation be 'respons,ible
pupervis
for all Ion :and all clean-u�_ �deta'ils
p , .
on the,street and on thevacant.-lot;'whereupon,
Resd1ution 46 N. C S'�' consenting to.the closure
olf Kentiiqky- Str'.eet . b,etween tern Avenue and
Washingtq'n Street.on Saturday ,May 1 1 9t . h� from'
10 -: 0 0 a.m..'! to 4 0 0.p. m�_
f9r the,closing 0ay
Dairy bays eve�n for music to be;
piped- a pu address -system, was intro-
;duc.ed by Councilman CIecak, seconded by Council-
md n Bruhner,.,and -ad'opted b " 6 affirmative votes,
y
1 absentee,.6'
Lett 1973, from City ,Cle,rk
L.i. kian ' Nomtsen tendering -resignatibn a's City
CIerk .'of the. City of Petaluma, effective
4ugust. 1,. 1973, submitted 'and filed. On behalf
of�-the Council,the-Ma ted the
yor accep - resigna-
ti She added't
will be made at.-a. la�ter date.
ReSolutioP 916,287 N.,C.S. approving claims and
bills� #2523 to #2611,'inclusive, and r#-1649 to
inqlusive approved forigaymeht.by'the
city Manager, wa by Co' ncilman
u
clecak.,--'seco ' nde'd 'Councilman Mattei, and
adopted by,. 1 absentee,
City,Manager.,,Robert Meyer-,presented the 1 - �973 ' 774
Preliminary Budqe: - Copy submit'ed :and filed.
t ; .. - -
A�tentative bud4et,study was,set for.
Mond - May' 1'4, - 1_ - ,97�, at.7:30 -o'clock p.m.
Sonoma County.
City to a letter,
Wate,r A ency--
-9
dated, April 24., 1973,, from the, - Sonoma County
Water. Rates and
Water-Agency.w.ith-j�'e�solttions adopted-by-the
Water.Service.-
Bo�'�rd of-, qupq of Sonoma Cou ty. establish-
Revisions.
ing rates, for , sale . o.f water f rom the Ageh
Va�er tran,smis . sa, . on system for.1973-74, revising
'll
t ,
service in a i.- charge - s' fori new metered
service.,connectio.ns to th,e Ageftdy.'s aqueducts
and reVising'Agendy minimum b�i--11.ing,to whole-
sale�_cu Letter and' resolutioAs sub�
mitted-and filed.
ABAG Re.Calif�ornia
'City-Mahaq r, Robert-Meyer�referred to a letter,
Budget Surplus.
dated. Aprd-1 3G, 1 from, the Association of
-Bay �r_6a, Gove that the Exe Commit7-.
tee,.;oh recommendation of the Reg:i,o.nal Plann'ing
Commit�te6,.unlanimously-apprbved a resolution
36
May 7, 1973
ABAG .Re •..California
urging: .,that-,,a• substantial ,portion of 'Calif o.rnia -'s
Budget..Surpl.us
budget "surplus be, •used' for the 'ac qui.sition - and .
(continued). ;
development• of parks and open- space. lands ` and
..urging that a.-.similar-resolution adopted.
Copy-bf said letter - submitted and filed. No
action was taken and'the.matter was directed to
be included on the May -21, 1973_ , agenda under
-
City, Mamager'•s Repo.as:Y.
PUC- Railroad
.. City Manager Robert Meyer reported that. Director
Crossings
of.Pubiic Works David•.Young received a letter
from, ,the, P.ubl°ic Utilities Commission .regarding
_
its .recommendatioft.'f'or the . City :,to. upgrade the
r
raiload Gross, gs.,on Payran Street and on.Lake-
Vill.e. Street- . signals. Mr. Young. has
responded-to the Cbmmission that the improvements
are, included in the Cap1t°al Outlay Program to be
conside.red'by the Council -at Budget-hearing
sessions.
Water; Bi11 = -.- Mrs ".
The Council concurred �wit-h the Water Commis- lov Ar
A. Kasov.i.ch ` -
Sion''s recommendat reported by Councilman
Mattel that" Mrs.. Anto- ihette. Kasovich of 526 Oak
Street.be-relieved of paying the extraordinary
water. •bill of $12:5- !resultin.g from a break in
her water line, • but. that she be required to-. pay
what would - normally develop as a water bill".for
that ,period -of year.; • and that ,this action does
. not set a precedent and that each case be con -
s.ider :ed••on its merits. 'It• was directed that
-the Water Billing-Department and Mrs. Kasovich
be.notified of the Council's action.
Computer .Study
Councilman.Mattei requested that the two pro-
posals received , on- a-=computer study be considered
af•ter.discus,sion at the executive session.
2. `;' S F
X- Rated Movies
Councilman . •Cavanagh , Jr.,, reported that .on .
June 2'9, 1972•,.the douncil.received a memorandum
from Chief of-Police Larry H
that. °an - or.dinance -be: d- rafted .to regulate the .
use of• .showing.X- rated movies at the
theater :. _ - He,• al so referred to a memo , , dated
March, 13.,, 1973,. addressed to Chief of Police
Larry�;Higg - from District. John •W.
H -awkes :_stating -tl at -due to State it would
be al -most -imp.ossible.to the movie
"' Throat"',-an•d recommended no action be-*
taken.
-,Councilman Cavanagh', Jr., then read , a letter
from -Mrs. Patri.ck,MeLoughlin, 29.5 Thomas Lane,
Petaluma,,encl,osing ` pe.titions containing'.approxi-
ma•teiy- signatures -from residents the'
Petaluma area•r,eque:st ng that'the pornographic
film:."Deep•'Throat." and-any -other hard -core
por-,nogr'aplic ,films 'be "d- scontnued immediately,
-and that churche PTA, businesses, Chamber of
Commerce members, s:erbice.•clubs, and organiza-
tions are being contacted for continuing peti -
t ons,. which wi.11•be 'mailed'to the Clerk.
The above* memo's' - 'and letters submitted and filed.
Mrs: McLoughlin - -was present and introduced
Reverend_ Ralph- Robertson of the First Pentecostal
Church, 37 Q2 , Petaluma° ;Boulevard North., He
addressed the Council requesting that action
, 2
May 7, 1973
X -Rated Movies- b&- taken. against, the film, "Deep Throat" being
(continu shown .at . the,, State - .Theater and : stated,i that if
no action • is taken, - .then picketing action will-.
be taken. by the. protesters.
City Attorney Robert stated that the City cannot
enact a law .which: would. affect P.ena,l Code sec-
tions' ,as - the '- State.• 'has preempted the field on
obscenity' laws,. He ,continued by saying that
the request for action.from Reverend,, Robe rtson
v .
is -- ,a matter of..conc,e_rn for the District'Attorney`'s
of f'ice ; . and in view, of March 31-st memo, . pro
seruton seems. almost impossible. Mr. Robert
added that all- that can be ,done at this - point
in-time. is, to picket peacefully and, for people
. not to,.attend -the show.
In_ response ,to Councilman Clecak, the City'
Attorney indicated that.leqally there would'
be a better chance of stoppng X -rated movie.
at-the outdoor on'a public nuisancel
ba.s s , than,action. against the downtown State
Theater....
Upon concl.us °ion of the discussion, a motion
- was made,. by Councilman Clecak and seconded by.
Councilman:Cdvanagh.,, Jr.; to send a letter`
with ,all the petitions to the District ,Attorney.
.
11
expressing .the, Council concern on the 'showing
of "'Deep.Throa,t Motion carried unanimously.
The City Attorney'.was also directed to prepare..
legislation prohibiting the showing of X-rated,
films a,t2ou.tdodr theater's for Council ;considers -'
tion. The staff was also directed to investigate:
whether or` not , any Building -Code violations exist
in'the State Theater and to check on restrictions
regarding v- isi.'il•ity-of..the screen from outside_
of the theater,.
Another matter.- brought to. the Council',s attention
and to, be investigated is the.reason for showing
"Deep Throat "' in 'Petaluma, but in : no other
neighboring community.
'League. of California
Mayor'�Putnam briefly reported on, the subject
Cities -- Redwood ,Empire
quarterly meeting field in -Wilts 'on. April 28,
Division
1973. She.spc&e of the excellent program pre;
sen.ted for the day.
Private
' vate Street--Off, ��.
City Attorney Robert reported that he read the
of :Grant Avenue
condition of ',maintenance that will be imposed
Res #6288 NCS
and it appears that these conditions are.
adequate; whereupon,. Resolution #'628;8 N.C.S.
approving private street (for a par:ce created
by, a parcel map .s,ubdivisio,n. on Grant ..Avenue)., .
was introduced- by. Councilman Perry, `Jr.,,. 'seconded
by Councilman Mattei, _ and adopte;ld by-'6 affirmativ
votes, 1 absentee:.
Garage Sales
Memo, dated May 4,.'1:973, from Chief of Police
Ord #103.6 NCS
Larry Higgins that after extensive, review of
(No action')
the Garage Sale .Ordinance last year., the Council
tabled the ordinance . for one .'ye ;. the . year has
now elapsed and the t`he matter will again be ,pre-
sented., , to. the C.o;unc ; that ' in reviewing - the.
-
problems that existed last.year-, it is now
May 7, 1973
Garage - Sales '
Ord _' -# 1 03`6'� N , C'S
(No action),
(continued) .
Impr,bvements..t6
Sunnyslope Road
Adjournment
3 6 3
fo' th.bse'.problems no longer are of a
sig niTicant Yidtut,e: that, it would be' the
City's'best'; not 'to,pursue the ordinance;
ther6f-ore,,�h6••,redommended,the ordinance be di.s-
approved,.read-and ' filed. The Council concurred
-
and i�i action c'+ was taken on Ordinance #1036 N.C.S.
providing 'for -regu'lat of 'garage sales.
'It was-the the Council . that the
prop . ose 'luti
d'reso , on'of intent . regarding Sunny-
slop Ro,ad be redrafted for con-
sideration May. to incorporate the
-folfowing two ,points:
Li :That the C6unty of Sonoma Board of Supervisors
..be ask fair share
of the road improvements (road lies in County
area)
2. That• Council's representatives (Council-
man'Cavanagh,�Jr.)-on'the Zone 2A Flood Con-
trb be.offi-cially authorized to
bring the drainage -situation .in'the 11,11
Street area to the attention the Board
. :of , ,Super - viso*rs-an_d-that the County start
plans to relieve' th6 problems.
th6re ' belng further business to come before
the Co ' uncil, the meeting was,adj,ourned at 12:00
o'clock midnigh to 5:00 o'-cldck'p.m. on Tuesday,
May ,8, 1973.
Mayor
Attest:
C
C16
1