HomeMy WebLinkAboutMinutes 05/21/1973367
, 4
Council Meeting
Attendance
MINUTES OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
. ,May 21 , 1973.
Regular meeting of Council of the City
of Petaluma was called to order by Mayor Putnam
at the hour of 7:30 o.'clock p.m.
Present: Councilmen •,Brunner,_ *Cavanagh, Jr.,
Clecak,'Da -1y, Mattei, Perry, Jr.,
and Mayor Putnam.
Absent: None.
*Arrived at.T:35 o'clock p.m.
Invocation The invocation was given by-the Reverend Henry
Rankin, Two Rock Valley Presbyterian Church.
Approval of Minutes The minutes' of.May 7 and May 8, 1973, were
approved.as'recorded-
CONSENT CALENDAR A motion, was made.by Councilman Mattei and
seconded by-Councilman C'lecak_adopting the
Consent Calendar, Agenda Items #1 through #6.
Motion carried. unanimously.
A genda Item #1 Plans and specifications for the subject' .010 A
Replace Roof -� project, submitted and filed.
City Hall
Complex Resolution #6.2.99 N.C.S. calling for bids and
Res #6299 NCS approving -plans and specifications on "Replacing
Composition- Roof on 1954 Complex of City ,.Hall,
Petaluma, Project•135,415.
Agenda Item #2 Specifications for purchase of gasoline for
Gasoline 1973- 74'submitted and filed.
Res . #6300 NC,S
Resolution #6300 N.C.S. calling for bids on -the
purchase of gasoline.,'for 1973 -74.
Agenda Item # , 3 Resolution .. #6301 N.C.S. setting date and hour
7r
Appeal--David of public hearing (June 4, 1973, 7:30 p:m.) on
D. Young the appeal of-David•D Young of Youngstown
Res #6301NCS Adult.Mobile.Home.Park a decision of the
Planning Commi -ssion requiring an Environmental
'Impact.Report for development on McDowell
Boulevard:
Agenda Item #4
Ordinance #1088 N.C.S: making temporary appro-
.Temporary
priat�:ons for. current department expenses
Appropriation
chargeable to the appropriations of the Fiscal
Ordinance
Year_.1973 -1974 to- cover- nece.ssa-ry expenses of
Ord #1088 NCS
various departments until the annual appropria-
tion is in force was ordered posted.
Agenda.Item #5
Notice, dated May 18, 1973, from the City Clerk
Term Expirations —
o'f term expirations for Commission and Board
Commissions and
member -s, submitted'a.nd filed.
Boards
Agenda Item t6
r
Copy of application filed with Alcoholic Bever- 3 4 ?
ABC,
a,ge, Control by Robert J. and Rose Marie Shilling
and Charles S. and Joyce A. Schnell for Off -sale
Beer and Wine License Perry's Delicatessen,
139 ,Petaluma Boulevard North; approved by the
Chief of Police, Building Inspector, and Health
Sanitarian, submitted and filed.
3
May 21, 1973
Agenda
AB 594
f
r Res #.6302 NCS
Appeal -- Donald Waite
Res #6303 NCS
A motion -was made - by'Councilman- Clecak' and
seconded by- .Councilman Perry, Jr'., to-•.move
Agenda Item #'2,8 regarding AB 594 for considera-
tion.at this time: Motion carried unanimously:
The following communicati;on;s.were ,submitted and
filed endorsing-AB 594 (placing. a five -cent
deposit on..,all , beer and soft - drink. ,bev,er-age
containers -and. a ban on pull tabs): Letter,,
dated April,19, 1973, and Resolu #63735'
from -the City of Rohnert Park; dated
April. 2A, 1.973, and #42,1973, from -
the City "of.Cloverdale,.; letter, dated May 3,
1973, from - ;Supervisor'Charles , E. - Hinkle and
Resolution #40363.o.f the Board of Supervisors,
of : the County -of Sonoma; and,,letter., dated.
May 7, 1973, from the--Santa Rosa Recycling
Center.
Le tter,.dated March•27; 1973, from Senator"
Julian C. Dixon req.uesting support of '.his Bill,
AB 594, introduced into 'the State Legislature,
submitted-�and filed
Mr. " Fred .Dickson,. Co- Director- of the Santa
Rosa Recycling "ter, appeared before the
Council explaining the need for the'legislation
and the - reasons for the request to endor-: e, the
Bill. Following-his presentation,. Resolution
#630,2 N- C of Assembly Bill
594,was in'troduced1by Councilman Brunner,
seconded b.y Counci -lman ' Perry , it.., and adopted
by `7= affirmative votes.. The City Clerk. was
directed-to send - a copy of the, resolution to
Supervs"o -- Hinkle * -of" °the Council' action and
to include 'sortie, Of -the comments that were
"raised- by the Council.
.Notice of 'hearing on the appeal filed by Donald
Waite of Planning "CommLssion denial o.f site
design application for 421 Petaluma 'Boulevard
North was -duly .published in accordance. with
Section" =2'16 -408.3 of Zoning ordinance #1072 N.C.S.
Planning Department staff report, dated 12,
1973, Environmental Asses :sment - Statement,, Plan-
ning Commission minutes dated April 17,. 1973, .
and plot plan*, 'submitted and tiled.
Planning Director.'Willi.a C... McGivern presented
a diagram of-the parcel involved, showing the
location and the structure proposed to be con -
structed. He,poin.ted out that a portion of the
site on,which the real estate offce• building
is proposed•.is vacant at the present time and
is used - for parking ;-.two older residential
buildings are located "on the rear one -half of
th`e. site and - the , applicant. has a small real.
estate office - in the of the first
floor -of the residential building located
adjacent to the:'vacant area. The residential
buildings arse a•noncon-forming use in a C -H
- District. The` Comm- ssion denied the
s.te.design application without prejudice and
the applicant was informed.of the choice to
submit :a redesign to 'the Planning Commission,
or appeal to the Counci-l_
1
May 21', 1973
Appeal -- Donald Waite.._
Councilman Daly further explained that the
Res #6303, =NCS
.e•PlAhl ing Commissi.on',s decision Was, based on
(continued).
its .opposition to .the., change in - the use of
the land" and „the °change , ,in -the use of the
existing building by expanding the residential
_
The public hearing was declared open.
Mr.:Donald Wa te,.,appeaced before the Council
to.,,di:scuss the reasons - for the appeal. He,
felt. that plans to. construct a new office
building..in the proper C- H'zoning. does not
expand,a, nonconforming ". use and the existing
nonconforming ,e not be physically
enlarg:ed . He. indicated that the '
,modifed.or
exist'in.g, buildings have an economic life of
ten'to fifteen years:,.after which time the new
building will be expanded.
After some discussion on the questions raised
concerning the'off - street parking spaces, fir.
wall'- requir.emen.t and sign requirment, the 'hearing
_ was closed. A motion'vas made by Councilman
Daly"and seconded by,Councilman Perry,. Jr.,
(recorded as Resolution #6303 N`.C. upholding
- the'appeal ..and.all Mr. •Waite to proceed,
not allowing expansion.of the non - conforming
use,., and incorporating. the conditions as speei-
flied,in..the staff report. Motion carried
•tnanimous,ly
The City Manager was directed to investigate
that portion ,.of•.the- Un_iform.Building Code
dealing.with firewalls.and parapet walls for
a repo'r- -t .to -the Council whether or not there
is a problem on the - •requirements.
Appeal - -L eb _and .,�.
Appeal _filed 'by and Quaresma of Planning...
Quaresma
Commi.ss,ion_ : dbcis ion - denying .the application; to - ',
Ord #1089 NCS.. ," . . _
: rezone the:-.block bounded by Erwin Street, East
!D'!. Street,. Lakeville ..:Street,. and..Jefferson
_
; Street from an., -..- to a C -H District,
was considered next:
Planning Comm is.s ion. •Resolution #4 -73' rejecting
the ,proposed.reclas.sif Planning Depart -
ment staff report., dated April 12, 1973,, a
Negative.Declaration,...an Environmental Assess-
ment Sta- tement, Planning Commission minutes' °
May 1, 197'3,. °and..plot - plan of the area, submitted
and fi led....
:P.lanning Direc;tor,Wialiam C. McGivern presented
a- aocation.ma,p of - the; area and pointed out that
..the- :General ,P.:lan and the Environmental Design
Plan ' indicate. ,limited, industrial . use for the
area, and the application. was denied by the
Pl- anning Comm;ss.ion.on the basis that it does
no;t: agree with the Environmental Design Plan.
However, he,added the.staff recommended rezoning
of - the block b.ecause:Highway- Commercial zoning
would - provide a logicdl extension of the type
of. use=.f,or most. Street; and since
the :widening• of •,.Lakeville. Street, the lots have
been oriented toward aAnain access route which
makes them•more suitable for commercial develop-
ment. He further stated that the Highway- Commer-
cial development would be more compatible with
370
May 21,, 19'73
Appeal-- Lieb.and
Quaresma
Ord #1089 N.CS'
(continued)
Baywood Drive
Extension
5 Res #6304 NCS
th'e,. residential.:.. and uc,omme c.ial....uses...located
east-.,of - Erwin -, .,Sttreet.::........
The he was declared open.
Mr. Richard "L_ieb of, Lieb,:and. Quaresma addressed
the Counetil -on. behalf of the appeal and spoke
of the veterinary clinic pr.oposed,for a portion
of the area. He.felt that the Environmental.
Design Plan was. in error on its, designation for
_the.area. Dr..Charles Brandner was also present
in ;suppor:t. of 'the application.
Following a brief discus;sion,,'the hearing was
closed-.- ordinance. #1089 N.C.S. amending
ordinance #1:072 N,;C_S..by reclassifying Assessor
P'arcel..s 4007-154-09, "through # -18 from an M -L
(Limited- Industrial) District to,a C -H (Highway-
Commercial,) District located in the blocks
bounded by East` "D`" Street, Erwin Street,
Jefferson'Street, and Lakeville Street, was
introduced, by Counc.lman'Mattei, seconded by
Councilman-Clecak;:and ordered published by 7
affirmative votes.
Notice , to bidders on the Baywood Drive Extension
Proj'ect,1 "C0op6rative Agreement #4- 03'14 -C," was
. duly published.,
Director of- Public Works David Young reported
that,:the following three bids were received at
_,,,the: bid opening" May .15 1973:
Nam Amount
Ghi $1.61,028.00
W. R..Forde $169,930:00
East -Washington -
Square Center, #1
Res 46305 NCS
McGuire and Hester $181,641.00
Upon recommendation by..Mr. Young, Resolution
#63 N.C'.,.S.. awarding contract. to Ghilotti
Brothers .in "accordance with plans and'specifica-
tions subject project, was introduced,
by Councilman Daly.,, second'edl'by Councilman
Clecak, and adopted by 7 a'f,firmative vote
In response to a question raised by Councilman
Cavariagh.,,. Jr the City, .Attorney indicated
there 'would be; -no legal complications with
right -.of -way as the City has a .right -of -entry .
from ARCO.
.Letter, dated Ma:y 14, 1.973., from James. Parish,
Vice - President, Connolly Development, requesting
an extensiori of ninety days to complete the
work specified under the Subdivision Agreement
fo East.Washington.Squ,are #L and that
appro is "expected soon from Humble Oil .Company
• Service Station as required
submitted and filed.
Director. of Public .Works David Young indicated
no.ob.jection to the ninety day extension request.
Mr.'.James.P,arish appeared before the Council
and -stated °that approval was received Humble
oil Company.and that work will, proceed immediately
to.,w den Mc Dowell.Boulevard "South and_complete
the.. mp,rovemerits,.. '
May- 21 x ,..19 7 3 .
East Washington Following 4-short discussion, Resolution. #6 -305
Square: Center•. #1 N.C,.S-: granting an extension of time (ninety
Res # 63:05" .NCS:- - days) within which' to 'complete East Washington.
(continued)- „ Square'=Center #1, introduced by Councilman
Perry -, Jr. ,seconded by Co.uncilmah Brunner,
and :adopted by 7 affirmative votes.
Water. Pollution P-lans•and specifications for the subject pro - 02
Control Facilities ject submitted and filed., IV
1972
Res #6306 NCS Letter,- dated May 18, 1973 ", from Max E. Burchett,
' - P 'ect Maria er- Yoder'- Trotter -Orlob and
Claims and. Bills
Res #63.107 NCS -
Associates;: City's engine ering•consultants for
the sub j�ect'' '.with a summary of the
current es�timat`ed construction cost and an
-, explanation of the-increase -due to the change
from "incremental "'to a "pro rata" basis for
determin ng'1the eligible portion of the project,
-submitted and•' f:i'led:.
Mr: , Max; Burch:ett• appeared before the Council
with a' .furthe"r_ explanation of the increased-
. -. cost o -f $235,:000 for-the project due largely
to. to. the "pro.,'rata, basis-." He added that such
a change is a substantial departure from the,
Grant,- Program 'r,egula:tions which were in effect
when the project was planned and.when
the initial ,grant of:fer_s by the State and
Federal agencies were made. Two previous
letters from the Quality Control
Board .staff. stated. specifically, that the City's
share :of. ..project. cost would be determined
on.,an "incrementa:1 basis." Mr. Burchett recom-
mended that the Council vigorously-protest the
State Water. - Quality Control Board staff.decision..
A- brief discussion followed and upon - consensus
of. the ;;Council,; Director of Public Works David
Young . was,.dir.ected- to.:draft a.letter.to be sent
by - the Council to- Reagan, Senator
Collier,..Assemblymen•Bagley and Keene., Congress -
man C - ausen, __and- °Uni.ted States Senators Cranston
and' Tunney"protesting change.
•alt.,was-also agreed that a personal contact be
made with "the State'Legislators in an effort
to:reverse the
;Resol,ution- #63,06:•N.C.S' approving plans and
specifications and _ ,for bids for "Water
- Po,llut�ion_Control "FFac lities, 1972, was intro --
duced_-by Counci seconded by Council-
_ man,.P.erry -" Jr.',, -and'..adopted by 7 affirmative
votes: .-
. In reviewing dlaiMV.#2 --Alameda Sporting Goods
for , softbalI re 'Men's ( League and Summer
P- rogram- .- and.,Claim #2 -- Bassignani Nursery
for..plants ;re:Cty:rHal`1 grounds- -the City
Manager.'was.direeted to check on the reason
for t_6 purchases:not made locally.
Resolution #6:307 N. -,C.Sc. approving claims and
bills" #-2'612_..,to #2.768, .inclusive, and #1693 to
#1719,� approved for payment by the
City r -.Manager. ,, was - ',introduced by. Councilman
Mattei seconded ' by Councilman Clecak, and
adopted-by 7 affirmative votes.
372
May 21, 1973
California Budget
Surplus
Cherry Valley
3� Estates -- Complaints.
Upon recommendatio.n"by the City Manag.er,:no
action was taken .on. a..request. from ABAG that
a resolution,' be* 'adopted urging .a substantial
portion "of•' Cal ;i:forn =ia; 'budget. surplus be used
for the °acquisition -and development.of parks
and. open7space;' lands .
Ci t:y Manager Robert. ;Meyer reported that the
staff-has been following through on the . com-
plaints received from property owners on .Cindy
Lane n Valley Estates Subdivision.
regarding gra&ing, drainage, and incompleted
repairs',on homes. Copy of status report,.
dated May 18, 1973, fi'-om Bui lding `Inspecto.r
Henry :Anderson to the City Manager on'said•
comp aims., submitted and filed'. Mr, 'Meyer
pointed out that.`everyt ing is being,done to'
satisfy the owners.
The City - Manager added that anyone.moving into
= a; house be;lore: completion. is to accept � full
responsd.bil ty. 1 is ld -ng Ins pec;tor-Henry
Afide•rs,on further- stated that the Building
Department has instituted'a program for tem-
perary occupancy by t'he purchaser .posting a
cash bond to guar• afttee• the complet-ion of any
work to,. be • done..
Mr. Ha;-r Langford, 7:57 Cindy - Lane., ,appeared
before th,e CounciL regarding a problem on,the
final in's,peeton- date• of his house. The City
Manager wa directed• to investigate the
matter.
Mr. Langford•and Mr..Ho.war.d Bunce.,, 812 Schuman
Lane, and: others with .complaint's -we're asked to
contact the - Manager for proper procedure
-of handli -ng compla-ints'
.
Mr. , Wayne.Diggs, 81 -3 Cindy Lane, spoke again
to the Couricil.regarding drainage'of the back-
yards on Cindy Lane and claimed that the system
installed will 'not work and 'he expressed. hope
that some additional consideration will be
made by the City Engineer in regard to this
matter -.
City Engineer David Young stated that the
Engineering Department does. not intend to in
spe;ct the backyard drainage unless directed
by the,Councl to do so as such wo.rk.is not
part !of , the public, improvements, or the Subdi-
vision Agreement. He'-stated :that he would
refer to the Building Depart -merit and to the
developer .i,f' there is a technical deficiency
in the •-soil `s . report failed with the . City in
accordance • with .•the, State Map Act ., Mr . Young
continue'd'by saying, that he, has not. recommended
acceptance of the subdivision to.the City Council
and will _not do so' until the subdivider has
fu lfilled`all.bb;ligations under the Subdivision
r Agreement.' with. the 'City: He concluded by staying
that he hoped .the- Building De :partmemt will not
final.b :uildings` °until all requirements.,: have.
been met with .regar"d to. grading in the, backyards, .
e t:c
73
May 2.1, 1973
Renaissance'. iFair
Aerial.Photo Map = =
City Ha Lobby
Proposed - Sonoma_
County_ Government
Council
SB 502
330 English Street
City Manager.Ro bert.-Meyer referred to a Letter,. r_
-dated; May -.17; ..1973,, from, Director of Public
Works Da -vid. - Young . to, Mr . Harvey E. Bragdon ,
Ch ef..Current Plann.er� ,, of Marin, regarding
the .public. hearing on Sonoma County's appeal in
June concerning the - Renaissance Faire and of
Petaluma's concern regarding the proposed routing
of -northbound ; tra -fficy from the Faire through
the• .of_, Petaluma on "I Street and "D"
Street Said. letter submitted and .filed. After
a.'brief discus - scion, ,by °,consensus the Council
supported Mr. Young"s`.ropposition to the routing
P -lan
The-Council-Garba ge - mmiittee, consisting of /9Y
.Councilmen Cavanagh, -Jr., Chairman, Brunner,
°arid: Mattei.; was informed 'that Mr..._ Ratto of the
.Petaluma Refuse Disposal Company is anxious to
meet with the Committee whenever convenient.
.The City Council approved the cost of $870 plus
f- rame °for°the.aerial photo map authorized to be
up- dated.' •for • the C_ ity .Hall lobby.
Councilman Cavanagh; Jr.., presented a. proposal;
- - of - the Sonoma 'Co.unty' .Government Council , developed
by- a committee. of.' the..Mayors' - and Councilmen's
Assoc ation. of,_•:Sonoma. County in, an attempt to
involve.the.Sonoma.Couhty Board of Supervisors.
- .He..asked that..the prope'sal be considered and
dsc.us'sed for: a - •.- recommendation. The matter
was held for :•:consideration at a later date.
Copy,o.f the'Sonoma County Government Council
proposal :submitted. and: filed.
At the.request_of,Councilman Mattei, Senate
Bull 5,02= Federal Highway_ Act of 1973- -was .
directed to be placed on a future agenda for
discussion It -.-was asked that. viewpoints of
Congressman Clausen and Senator Collier on
the Bill . .be ava-la =ble information.
Mayor'Putriam reported that:
She: spoke 'to'; the California Institute of Plan -
ners -oh the..Limited- Growth Policy of the City
of Petaluma, and also to the National Convention
of= Juni L•eaguers;:attended the special Olympics
in Santa Rosa; attended the grand opening last
week o €:McPha'i1 `sL on Lakeville Street; and
attended.the World "s'Wristwrestling match held
in• last Saturday night.
Council action -;on- Mrs .':' s request forf�
a-n_ extension. of time. itb c'ompl:ete, the repairs
on - the b.uil.d'ing at 3;3 0 .,English Street,, 6 rdered
abated by the Board-of Appeals, was delayed
at the" May. 7th" Counc -i:1 - meeting pending discus -
sion with the Ch:airman,o.f the Board of Appeals
regarding - the Bo.a' d': s;'ba°s'is of its decision.
Mayor-Putnam reported . she was unable to
contact Mr of the Board,
but did' discuss . the matter with Mr. E. Swallow,
member-:- of :the Board, . to find out whether or not
the: could'be'put into shape. Mr. Swallow
374
May 21, 1973
330 English Street' -' indicated to her--that,-,the building-could be
Resolution N -.C.S. of findings on-the.
(continued)' restored' if ,a contractor were employed by the
effect of . contracting ' for additional water was
owners 'to. compl,ete^ly bring the saruc ur,e up
intr•oduced'by Councilman Matte,,seconded by
to Buildirig'.Code standards in .every respect
Councilman Brunner; and adopted. by 7 affirmative
and 'that.the work,be done with speed.
votes.
Mrs. Beasley was •pr;esent stating that she; already
- Dir.e.ctor of Public. Works David Young reported
had qugtations 'from,a' plumbing and electrical
contractor and-a'bid.for inside finish work..
on the progress•of property owner connections
It was pointed' o:ut to 'Mrs. -Beasley that piece-
to - the subject'Underground'Utility* Districts.
meal fashior of the• work, would not ,be acceptable.
Mr. C. Bartlett of 'the; Pacific Ga -s' and- °Electric
to• tah& fact- that the requirement involves
Company and. Mt; R. E "Brown of the Telephone.
.
added expenditure f.o= r.engagng a general con-
Company reported that all connections have been
tractor, Mrs. Beasley••.asked that -the matter be
made in the'East Washi'ngton,Street- McDowell
delay.ed.,.pending -d on with; her husband..
Boulevard District and that connections by two
:The Council agreed to delay decision until
owner's (Ken St
property • St yles and'G.- Stonitsch)
June 4, 1973': Mrs Beasley was 'informed that,
,have not.been made in the Petaluma Boulevard
in the meantime„ if she decides to•employ a
North- Payran. Street - - D.ist•rict- ; ,., (R,. O. Shelling
contractor, the.contr•actor must;d'iscuss and
property ,i's i' the process of being connected
` coordinate requirements with the Building De
and it was decided not to include this property
partment and 'the' City Manager;, and, additional) -y,
as. a v %olato•r::`)
she must pres:ent'a= signed contract to the
Mr Young stated" that on April 16., 1973, the .
Council at °the': June. 4th meeting for complete
Council, direct'ed'tha.t. those property owners
rebuilding of the structure in accordance with
Building -ode. The City Attorney
was directed to prepare., the nece.s =sary leg.is' la-
ton to abate the''bulding in the'everit Mrs
' "'Be'a'sley fails .to act on the matter.
Mr's-. Harold Nygaard. of 3.31 .English Street
appeared before the Council requesting that
the order of the Appeals Board to demolish the
structure be' upheld.. -
Recess The Mayor declared a recess at 10:55 o'clock.
The meeting reconvened at 11 :H% o'c1ock p.m.
Domestic Water City Planning Resolution 47-73
b� Supply Needs affirming pollicy.of the .Sonoma County Water
3 Res #'6308 NCS Agency 'relating to. domes i•c .water supply needs
for the City.of•Petaluma submitted and -filed.
Resolution N -.C.S. of findings on-the.
effect of . contracting ' for additional water was
intr•oduced'by Councilman Matte,,seconded by
Councilman Brunner; and adopted. by 7 affirmative
votes.
Petaluma Boulevard-
- Dir.e.ctor of Public. Works David Young reported
North- Fayran Street,
on the progress•of property owner connections
East•.Washington
to - the subject'Underground'Utility* Districts.
3 Street- McDowell
Mr. C. Bartlett of 'the; Pacific Ga -s' and- °Electric
Boulevard Underground
Company and. Mt; R. E "Brown of the Telephone.
Utility - .Districts
Company reported that all connections have been
made in the'East Washi'ngton,Street- McDowell
Boulevard District and that connections by two
owner's (Ken St
property • St yles and'G.- Stonitsch)
,have not.been made in the Petaluma Boulevard
North- Payran. Street - - D.ist•rict- ; ,., (R,. O. Shelling
property ,i's i' the process of being connected
and it was decided not to include this property
as. a v %olato•r::`)
Mr Young stated" that on April 16., 1973, the .
Council, direct'ed'tha.t. those property owners
May 21., 197.3 -
375'
Petaluma.;.Boul.pvard .,who,,.I,did.not_,c6mply, notified and given .thirty
North-Paytan.,Street.,, days in . which to� the necessary connections.
E. Washington: He furf-her... that City ordinance ' provides
Stre&t-McDowe-11. the.City' Engineer , to pbst the property and
Boulevard Underground. thirty- order disconnection of
Utility Districts utilities if the necessary connections have
.Acontinued) pot. beeh. made.
N
After a discussion, a motion was made by
Councilman CaVdnagbj Jr.," and seconded by Council-
mah Mattei, to action in compliance
_w..ith'Ordinance 48'9.3.N.G.S. by - posting the property.
Outside Water.
Application.filed,-by James. and Emma Webber, 501
Servic - e77james
Fourth.Street,_for. water service for
and Emma.Webber�
property,located on Melinda Lane off of Lohrman
Lane.,.As,ses,sor'-Pdr for a single-
_,
family r'.esidence.,.'submitted and filed.
Inpresenting the applicat-don, Director of
Publ-1,6'Wotks David Young.keferred to Council
-,
policy that-where City. sewer -service is not
available and.- applic,ation is received eceived 'for
R
:water service outside, the City, he matter is
' t
to be•, th&.Counc.il for-its cons'idera-
ti6n in. event 'it -is - an application where
the.Enviromental Plan calls for an Agricultural
Mr. -Young by saying that the
subject application is'.for property located
on Melinda Lane•off Lohrman Lane,, and that
in; years past, !pro,perties on Melinda Lane were
granted water..- meters- on Lohrman Lane for private
water, extension !.' Mr. Young poiht.ed out
the Policy, :in the, Envitonmental •Design Plan with
respect to utilizing°powers of extension,
in the,.area around,..Pe-taluma to regulate develop-,
.,meat.
-,Mrs:,.. Webber addressed,the Council and requested
that the - service be made available to them:.
In,the dis.cuss it was , the
City Attorney's opinion that service could not
be.denied When a_munieipality is in the utility
busines and the,'.'s'ervdce is reasonably available.
Becatise-of,,questions relating to the area,
Action on,the. was held over for
the.-itne 4, 19:23,: meeting to, give the Mayor
and Council members an opportunity to..visit
th&,site.-and' explore -the ppl ca
a i tion.further.
X-Rated Movies
Letter,,- dated ,May 21-, -1:973, f rom z
Supervi,sor 2
Ord #1090.NCS
i
Phid i-p , L. -Joe.r.gqr. to :Mayor Rutnam in response
to her: - lett to f y *or -Ma - .11 1,973., expressing con-
cern reg, q,.the,
ardi - ishbwi-fig-of X-rated movies,
.,n ,
submitted and f iled Supervisor Joerger
indicated t.in. hit'j-�ket that the . District
Attorney will ,appedr.bef ore the Board of
Slapervi s,or s...6n t.May:..2'l 19'73, to di-scuss the
mattdr,-�Dirther
Chi 6.f _ ice -.Larry Higgins reported on the
Board of Supervisors ' 'meeting at which the. Dis-
trict-Attorney submitted.a report on the showing
.!
.oT - .X- , ifateed,-_,f i ms in. -,o utdoor theaters.' The Board
N
May 21', 1973
X-rated Movies
Ord #1090 NCS
(continued).
of-' Supervisors - ven ' t-on record as opposing ,the ,
...slTox4,inq of such movies' in outdo,or
- beda'qsd such movies " are exposed to pq9,L51el that
do hot. want; to - see 'them,. in addi,tion C hief
qigqin-8. Attorney Jahn
Hawkes and, Su' .''''' -
.Joer.ger are preparing
pervi
a letter be forwarded to Senator Collier
requestin .t
-,thq necessary action be taken to
implement - lq , gidlation"to regulate this type
o a f a' ci'llity.
Memo., , dated May .1,6,•, 1,973, from City Attorney
Rob , ert,that an ordinance regulating the showing
of"movies-i . n outdoor has been prepdred
for Council con..sid-e.ra-tion; and if adopted, an
arrest made' for the ordinande it' is
his opinion that an appeal would. be taken if a
conviction.were-,had.,.slAbmitted and filed.
Mrs.. G..IDeMontalvo,of ' Leisure Lake Mobile Home
Park acid Dt,. 'William: J ohnstone, 1340 Skillman
Lan&, s,pbke-in.opposition to
the X -rated movies
being. - shoWn.,I. p .
4 f
6
60 1
After dis Ordinance 4 N.C.,S.
amending City :Code o.f. by adding to Chapter
16 - - -Section 2; 8 - " To prohibit. the shdwift
- ng of
exp I icat sexual in drive-in-or outdoor
theaters was
.7,introduced Coun'
seconded by Councilman Perry, Jr., and ordered
publishe d by7:af votes.
Chie_f.,!Df-,P,olice-�Lar,ry.Higgins reported that a
disc 'With District Attorney John
Hawker. on 'thershox4i:ng "Deep Throat-" d
16cdl State. and fo,llowi,ng'review of
.the -case a. determination will be. made by t
Di'stridt-,Atto'r"n
y_ th the next day or two
wh,t!th6ilbqal- tools can be'used to abate the
. ,showing ofvthe-rriovie. Chief -Higgins requested
Council. advised by the District
At�torr'�ey' 'to follow.
After a, brief. di-scussion,, a m . otion was made .by
C ouncilman' .Mat,t and seconded by C u c�
o n ilman
Perry,, -Jr, , that upon receipt :of the 'information
from tfia Attorney, the Chief of Police .
is to' ahead and- dispatch .the directions
immediately. Motion carried unanimously.
Minimum Lot Width.' Ordinance • 10J84 N.;C.E.; - amending Article 7, -
Ord, #1084 NCS 'Section 22..7A03 of the Petaluma
City
. I I .. , , * -_ , - * , - , -ma, qi Code of
(Second Reading,,) i�958, -tQ testabl - :minimum lot width,''wa intro-
d,uce�d b,y.-Counc:il seconded by
c6uhcilmah C'ava-riagh, J-r., and adopted by 7
a:ffirmatiVe 'votes -.t
Rezone--South , Ordinance #10�8.5, - N i. C.',S. , amending Zoning Ordinance
McDowell",Boulevard #1,072 ; N.C-.S6 by reclassifying Assessor Parcel
and McKenzie , .Street #'7'- 028:-13 ,from 'an-R- K41500 (Multi"Tamily.
Parcel 'Riesident-ia:1) Di§tr•i.ct to a C.-C (.'Cent.izal Commer-
Ord,#10:85 NCS cial) .District located on. the northeast corner
(Second Reading),. :'o'f SQpth Mc Boulevard and McYenzie Street,
adjacent, , tt ,- o, - th -, e"wa'st irigt-on S,qiiare Shopping
Center.,, was introduced by Councilman Perry,
Jr.', - seconded by Councilman Brunner,' and, adopted
by 7 a firmative, votes
May 21., 1973
377
Rezone -- Petaluma - Ord nan`ce # N .0 ' :' amending Zoning. Ordinance���'
Industr'ia'l Park #2 #1072_ -..S by prezgn ng Assessor Par eel #137 -
Ord #1086 'NCS 17, #' =18 �. # =22 and # -4`0 (Petaluma Industrial
(Second Reading) Park #2 -) fr`om County -1. ('Light Industrial)
District to.'_.an M - ,L - {Light. Industrial) District,
located in_- the° areal :between the Northwestern
Pacific Railro,ad� and' extending northwesterly
, from Corona Road to the existing City - limits
at. was,introduced by Councilman
Perry, Jr:, "seconded._by.Councilman Matter, and
adopted by._7 affirmative votes.
Rezone- -210 Vallejo Ordinance:. #1087 -N 'C:.S amending Zoning Ordinance�`�T
Street 41072 - N.C,S :' by r.ecl'assifying the property located
Ord-#1087 NCS • at:'2.10 Val lejo' Str•,6et• from -an. R-23,000 (Two .
(Second Reading)' family'Resident al)_. District to a C - (Neighbor -
hood -�Commerci.al) D`i'strict, was introduced by
Councilman Brunner by Councilman
Clecak, and adopted by-7 affirmative votes.
AB 204`0 Councilman Cavanagh,, Jr., reported that ABAG fog
Res #63.09 • NCS • its ' stipp:ort'ing 'the' subject Bill, which would
create a regional government.for the nine bay
area counties;-'and 'Mayor- Putnam commented that
i _ :d' scussing the Bi�11',,with William ".Bill"
Lucius, .Sonoma t6unty repr.esentative., on ABAG,,
a• eet �ng � will : e held in Berkeley of various
segments-of ABAG' ,and various groups on. Wednesday
to , explore,theBll in depth.
After.a.� discussion on the Bill and with
the consent Of 'the introducing and seconding
: Counclwmen, the following paragraph was added
as - Par-agraph #'4' to the - proposed resolution:
Be-it fur..ther resolved that this Council
is opposed to any form of mandated regional
- '•governmen`t • wi'th itaxing powers'."
- Reso :lut -# 6 3.0 9, N . C S opposing Assembly Bill
20 40, was „ introduc ed° by Couric lman 'Brunner ,
seconded by Councilman Daly, and adopted by 7
- affirmative votes.
SB 36 In d`iscussing the subject Bill, which would
Res #6 NCS . adthor,.ize :- Planning District boundary changes
by'popu'lar vote, Mayor- Putnam felt that more
information was .needed before any action is
taken on the matter. She referred to her
letter, dated January 11; 1972, addressed to
Supervi +sor`Spome.r in which she asked -a number
of questions�r-el.ating to the County ballot
measure' of April, 2,0,' 19.71 , (withdrawal from
the Association of Bay Area Governments). It
was her o.p'inionk,tha the proposed Bill was
inconsistent..
Resolution #6;31;0 N.C.'S. endorsing Senate Bill
#36 WaST introduced 'by Counc_ilm_an'Bru.nner,
seconded 'by.Counc lman,Perry, Jr.; and adopted
by the . fol'lpwin,g- vote:
Ayes: Councilmen BrurYner,, Cavanagh,
and -Perry, Jr
Noes: Councilmen Clecak, Mattei, and Mayor
Putnam.
378
May 21, 1973
�4[ Improvements to
Sunnyslope'Road
Budget Study.
Session .
Adjournment
4
Con"sidering;_.the..proposed resolution -of intent
regarding -.Sunnys.lo:pd`Road improvements, - it
was moved and seconded: and unanimously approved
-to. table the, `.resolution to = June " 18
1973 which' tine 'tYie result of the petitions
r.eques;t ng; repeal : ;of 'Ord inance #1:083 - N.-C.S.
rezoning .area :.on:," ":..Street will. be known.
At this. time ,.Councilman Perry, Jr., made_a
motion °to_-r-.'esc n the-action of the Council
accepting the tentative map of Westridge Sub -
d1vis• on, passing- the rezoning of the "I"
Street a'r`ea and-approving the Envi.r.onmental
Impact Report It was'.his opinion that
resci- nding'acti:on would save the taxpayers.
the- ex- pense.- of- holding'an election, 'This
point .was questiohed .and there - was no•- second
or- action - -on the • motion .
In respon•se to .,City= Manager Robert Meyer;
three :Council members indicated inability -to -
attend:,a-.Bu'dget Study'- on. Friday,
May.25 �.: ;at_ 3 OO :,o!chdck p.m. Comments •'wer..e- * :.
made t °hat.the total- rCouncil should be present
when''study ng ••'the :proposed budget.
Thdre b-,eing- .no= - -further - business to come-'before -
the Council', the metieng was adjourned at 12:35
o'clock a m:, May 2- 1'973, to an executive
session.
0
Mayor
Attest:
1
LJ