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HomeMy WebLinkAboutMinutes 05/18/197011 MINUTES OF MEETING OF CITY COUNCIL PETALUMA; CALIFORNIA May 18, 1970 Council Meeting Regular meeting of the Council of the City of Petaluma was called to order by Mayor Putnam at the hour.of 1:30 o'clock p.m. Attendance Present: Councilmen Brainerd, Brunner, Joerger, Mattei,. and Mayor Putnam. Absent: Councilmen Battaglia and Cavanagh, Jr. Invocation The invocation was given by the Reverend Henry Rankin, Two Rock Valley Presbyterian Church. Councilman Councilman Cavanagh, Jr.., entered the meet - Cavanagh, Jr. ing at 7:35-o'clock p.m. Approval of The minutes of May 4 and May 11, 1970 were Minutes. approved as recorded. Sale.of 1969 Police Station Bonds and 1970 Munic.i;pal Improve - ment Bonds Res. #5469 N.C.S. Notice to bidders on the sale of the subject bonds was duly published Mr. Herm ZelIes of Stone ,& Youngberg, Financial Consultants, reviewed.the t'hre'e bids received at the bid opening May 18, He recommended award- ing to United California Bank,* et al; where- upon, CITY OF PETALUMA RESOLUTION #5469 N.C.S. INTRODUCED.BY COUNCILMAN Robert A. Brunner 2 1 SECONDED:BY- COUNCILMAN David W.* Brainerd RESOLUTION SELLING $45,00'0 PRINCIPAL AMOUNT OF CITY- OF PETALUMA 1969 POLICE STATION BONDS AND.$1,000,000 PRINCIPAL AMOUNT OF CITY OF.PETALOMA`1970 MUNICIPAL IMPROVEMENT BONDS AND.FIXING THE DEFINITIVE RATES OF INTEREST THEREON. 1 WHEREAS, the Council of the City of Petaluma has duly auth- orized the issuance of. $45,000 principal amount.of bonds designated "city Petaluma. 1969 Police Statioia•. Bounds," and has duly authorized the issuance of $1,000,000-pr'in'cipal amount of - bonds designated "City of Petaluma 1970 Municipal-Improvement Bonds,." and further duly orized the sale in one lot of all the bonds of both bond issues at public sale to the highest bidder for both bond issues in one lot; and WHEREAS, notice of the sale of,all of the bonds of b'o'th bond issues has' duly ,given and the following -bid for all of said bonds were and are the only bids received, to wit: Name of Bidder United California Bank Eastman Dillon, Union Securities. and Company Net Interest Cost $ 6,550 (1969 Issue) 1,424,773 (1970 Issue) $ 1,431,283 Shearson, Hammill & Co., Incorporated Hornblower & Weeks - Hemphill, Noyes 12 0 May 18, 1970 Sale 'of_ .19 Police Station Bonds and 1976 Municipal Improvement Bonds Res. #5469 N:C.S.(continued) Name of Bidder Bank of America NT &SA & As.sociates. Security Pacific National and Associates Net Interest Cost $ 7,200 (1969 Issue) 1,424,479 (1970 Issue) 1,431,679 $ 7,131.20 , (19,69 Issue) 1,424,993..65 (1970 Issue) 1,432,124.85 AND the bid of California Bank, et al, is the highest bid for all of said'bonds, considering the interest rates spec- ified and the - premium, if offered; NOW, THEREFORE, BE IT RESOLVED by the Council of the-City of Petaluma as follows:." 1. Said bid of United California Bank, et al, for all of the bonds.of both bond issues in one lot is. hereby accepted and the.Treas- urer is hereby authorized and directed to deliver all of said bonds to said purchaser thereof upon payment to the Treasurer of the purchase price,-to-wit: The par value)thereof,and a premium of $467, together with accrued" inter'e'st at the rates: 1969 Police Station Bonds Bond Numbers - Maturity Years Interest Rate (inclusive) (inclusive), Per Annum 1 to 2 1971 6.00 % 3 to 4 19,72 5.00 5 to 9 1973.to 1974 5.5'0 1970 Municipal Improvement Bonds Bond Numbers' Maturity Years Interest Rate (inclusive) (inclusive) Per-Annum 1 to 200 1971 to 2000 7.00% All of said bonds shall bear interest at the rates hereinabove set forth, payable - semiannually :y on June 1, and December 1, in each ear, except in- terest"for'the first year which is payable annually on'June 1, 1971. 2. All bids except said .accepted bid hereby rejected and the City Clerk is hereby di- rected to return to the unsuccessful bidders their several check`s' accompanying their respective bids. 3'. This resolution - shall take effect from and after.i°ts pass - age and approval. PASSED AND ADOPTED on May 18, 1970, by the following.vote: AYES:' Councilmen Brainerd, Brunner, Cavanagh, Jr., Joerger, Mattei, and.Mayor Putnam. NOES: None. ABSENT: Councilman Battaglia.' Mayor v LILLIAN.NOMMSEN City Clerk k 1 11 1 I :.3 May 18, 1970 Tow -Away Service Notice to bidders for tow- away service was duly published. Report, dated May 15, 1970, from Purchasing Off'cer'John Nolan of bid ` opening.May 1'4, 1970 on the subject. service, submitted and filed. Mr. Nolan pointed out that the only.bidder -, Petaluma Auto.Body, has submitted a number of exceptions to the bid, and the major exception is the deletion of the performance bond. If this is- deleted, the City has no, control over the operations of this contractor; however, if the City re- jects the bid and relies on towing contrac- tors,as needed, there will be no 'guarantee of fair and equitable prices charged by the tow operator. Following a brief discussion, the-City Attorney recommended no. action at this time.and that the matter be.continued. .It was:ag'reed that the Purchasing. Officer and the City Attorney review and further explore . the tow --away service matter with the bidder for possible negotiation and_a report to the Council thereon the next meeting. Petaluma River Mr. Keith E. Dwyer, Assistant Director of Project 1970 the Economic Development Board'of Sonoma County and Project,Coordinato.r.of * the.Pet_ 4O a`luma River Project, appeared before the Council and formally . presented.the Petaluma Ov River. Project 1970 for Counci,l..review..and study: Mr. -Dwyer commended the work done by the Staff Coordinators, the Committee Chairmen, and the of- the - Committee. He-no ted that the report will be,presented to the Sonoma County'Board of-Supervisors and Planning Commission and.then to the Marin County -Board of'Supervisors and Plan - ning•Commission.- On behalf of the City Council, Mayor'Putnam. commended everyone concerned with - developing the report, stat- ing that the various con - tained therein will be studied for possible implementation. Encroachment Letter, dated May 8; 1970, from A. W. San - Permit - derson of Sanderson 'Ford- Mercury Sales, Sanderson Ford- petitioning the City Council ' f or an encroach- Mercury Sales ment permit to construct a small building Res. #5470 N.C.S. on the sidewalk on Second Street located to-the rear o:f° their - business at 13 Petaluma Boulevard South, read and filed. 'Mr. Sander - son explained that the building is to house _ an air compressor away from the service de- partment.and would encroach only four feet into the 12 -foot idewalk. In the brief dis- cussion 'that fol•ldwe.d1, Mr . Sanderson agreed to the-inside of the building as required; and with the consent of .the Coun- cil, the :following wa -s added as Item No. 5 to the terms , and -conditions of the permit: '•The , structure shall fireproofed .in accordance with the' requirements of, the Building Department . of -the City..of Petaluma "; whereupon, Resolution No. 5470 N.C.S.,, grant -.. ° °permit under terms and con - ditions; was.introduced by Councilman Mattei, seconded- •by'�,Councilman. Cavanagh, Jr., and adopted by 6 affirmative votes, 1 absentee. 14 May 18, 1970 Redwood Empire Letter, dated.May 5, 1970,. from Patricia A. Division,- League Banducci, Secretary, Redwood Empire Division, of California League. of Californ a.C•ities, requesting that Cities a poll of member.cities betaken to determine whether or not to' abandon the Apri'l'quarte'rly meeting,_ read and .filed. A motion was made by. Councilma - n_Joerger,and.seconded by Council - man Brunner favoring abandonment of the April quarterly meeting. Motion carried unanimously. When•responddng,_•the City Clerk was asked to include a suggestion by Councilman Cavanagh, Jr., that consideration be given of movirig'the January quarterly meeting to.February because of the usual bad weather in January. Redwood Empire Letter, dated May 5,.1970, from Patricia. Division, League A. Ba"nducci., Secretary-, Redwood Empire of'California Division, League, of California.Cities, re- Cities questing the name of Division De,legate.and . Alternate Delegate, read and Mayor Putnam-appointed Vice -Mayor Cavanagh, Jr., to`continue as delegate. No alternate !, appointed. x` TOPICS Program .2 Letter, dated,-May 5, 1970, , from James A.. Res. #5471.N.C.S. Moe,,. Director of Public Works,, ;advis ; - ing that-the-City of Petaluma's apportion- me,nt gf...Federal.TOPICS Funds for the 1970 -71 f ;isca -l. year is $5.4 , 919, enclosing a copy of the administrative rules governing the us.e of.these'funds and requesting agency decision pri.or . t July. 31.., 197.0 of options selected for the us_e of the funds, read and filed. Tentative draft from Director of Public Works David A.. Young to State Division.of Highways District Engineer of City of Petaluma TQPICS Program, submitted and.filed: Mr. Young` briefly outlined details of the program,; whereupon, Resolution of Intention No. 5471 N. C ..S .. , to expend TOPICS funds for. improve- merit projects, was introduced by Councilman _. Joerger, seconded by.Councilman Mattei, and Adopted by.6 affirmative votes, 1 absentee. Mr. Young indicated that the draft will be prepared in final.form and sub- mitted. jk Soroptimist Club Letter, dated May 12,,1970, from Lillian Res. #5472 N.0 ; . -S.. Nommsen, Chairman, Julibee Committee, So- roptimist Club of Petaluma, requesting per -, mission park a_•soft drink trailer on, Kentucky Strpet,bet_weep Western Avenue and Washington Street; if closed, during Sidewalk Sales on July 30 -31 and August 1, 1970, read and failed.' Letter, dated May 18, 1970, from Chief of Police Larry Higgins that the re- quest was favorably. passed by-the Chamber ;' of Commerce Merchants', Committee and' the Traffic Committee. He approved the event and recoi mended the Council authorize-,a permit; whe : re- upon,.,.Resolution No. 5472 N.C.S..;.permitting the Soroptimist Club to park a soft drink, trailer on Kentucky,Street during.the Annual Sidewalk Sales, was introduced by- Councilman Mattei,.seconded by Councilman Joerger,, and adopted 'by' 6 •. of frmative votes,, 1 absentee. 1 1 1-5. May 18, 1970 Councilmen Joerger opposed the,' matter being •discussed~ before the Council. The •r`emain'ing' three -COuncilm,en indicated willingness` to listen;; they con- curred with- Councilmen'Brunne'r and Joerger that local community policies and problems Wand riot national policies are the concern., 'of the Counc- il ° Because the matter was brought before the Council in.proper form,. Mayor Putnam also indicated that,it was .appropriate to -list Ien. Mr. Robert Reichmuth then spoke, giving reasons for the to pass a resolu- tion; Fol lowing hits presentation, , Coun cilmen Brunner' Joerger retired to the audience in­objection continuation of the 'matter Others Who appeared and spoke US Corps of Notice, dated May 1, 1970, from Colonel 'Char- G Engineers les R. Roberts District Engineer, U: S.- Corps of "'Enginee:rs, of• public hearings on S'arf Francisco Bay. Area' In -Depth Study, . sub - mitted'and filed. City Manager Robert Meyer noted that three•copies of the Petaluma River Report• 1970 -were ; to Colonel Roberts to becbme•a'parC of the record. Mr. Mervin Wate °rs, Chairman of -the Recreation Committee, Petaluma` River. Project, was asked to the dates of the public hearings if interested in attending. PUC Public Utilities Commission notice of pre- hearing conference aid hearing regarding Pacific Telephone and Telegraph Company applicatio'n'to increase certain intra -state rates, 'submitted 'and filed. Term 'Expirations - Letter,' "dated May from City Clerk Commissions and Lillian Nommseh regarding Commission and . _' Boards Board members term'exp"i.rations on June 30, 1970, read and City Attorney Robert X was - directed' - to prepare necessary legisla- tion for reappbintment of Robert Koenitz'er, if accepted, to the Planning Commission. The Council' asked by the Mayor to con - - sider' an appointment to the Board' of Build- ing Review and Board of Appeals as Mr. Robert Smartt is not available for .reappoint- ment: ' The••rot'a,t•ion of °- Council members on the Commissions' and Boards will be discussed at a future study . session. Regarding Policy Letter, dated May 13.; from Annette Resolution - War Lombardi and Robert L. Reichmuth, request - in Southeast Asia ing the. Council' consider action on the enclosed regarding the war in Southeast Asia, read and filed. Mayor= Putnam announced that one -half hour would be alloyed for the discussion, if the so desired.. Miss Lombardi addressed the requesting that an open forum be held'fo:r - people to express an - opin'i'on' and - ha've -• the Council take a stand Councilmen Joerger opposed the,' matter being •discussed~ before the Council. The •r`emain'ing' three -COuncilm,en indicated willingness` to listen;; they con- curred with- Councilmen'Brunne'r and Joerger that local community policies and problems Wand riot national policies are the concern., 'of the Counc- il ° Because the matter was brought before the Council in.proper form,. Mayor Putnam also indicated that,it was .appropriate to -list Ien. Mr. Robert Reichmuth then spoke, giving reasons for the to pass a resolu- tion; Fol lowing hits presentation, , Coun cilmen Brunner' Joerger retired to the audience in­objection continuation of the 'matter Others Who appeared and spoke 16 May 18, 1970 Regarding Policy in support of the resolution were: Donna Resolution - War Piotrkowski, Gloria.oster, and Hamza.Munib. in Southeast Asia. The following spoke in opposition: Lawrence (continued) Forne / Robert Krause, and.Art Cerini. John Jefferson', " As'earlier* ndicated.by the Council not to be involved with national foreign policies, no was taken on the resolution. Petaluma City Robert Meyer reported that Cooperative the:Petaluma Cooperative Creamery will be Creamery install ng.,new cooling, equipment, and after September 1, 1970, will no longer be using water from the River for the cir- culating system. Fifth & D_Sts. Director.of Public Works David Young reviewed Intersection. Council.actioii,regarding Fifth and D Streets inte.rsection. which changed the parking on D Street Street along the Methodist Church to 2 7hour parking. The mat - tor of the red zone in front of the church Coungilmen Brunner and Joerger returned to 'the the Council; time"-being 9:00 p.m. Claims and Bills In_ discussing Claiins"and Bills, Councilman Res. #5473 N.C..S. Mattei was asked,to a report of the amount of labor and material involved with the installation of 'the' - bocc'e ball , court, O\ at Wickersham Park. Recreation and Park' Director Shol,'lenberger. was directed to check into the sunke' area at the south - east corner of,,Wash !'t6n Street and Peta- iuma Boulevard:North;'riear the,88� Store. .. . � pp Resolution No. 5473�N.C.S. a pprovin g Claims and•.Bills Nos. 284 to 402'inclusive and.Nos :. 3006.to 3033 approved for payment by the.City Manager, was introduced by Coun- cilman.Brainerd seconded by Councilman Brunner, and adopted by 6 affirmative; votes, 1 absentee. Public Liability Assistant City.Manager,John- Nolan informed. Insurance Coverage the Council,that.the .6 ty's Public Liability Insurance will- expire.on June 30, 1970.. Tn response to Mr. Nolan's request for d'irecttion, the Council,indicated its desire to hear,a report at the next meeting from the Petaluma Association of Independent Insurance' Agents 'regarding' the possibility ,of either continuing coverage with the current carrier or calling for bids. City Manager Robert Meyer. was as_ -ked to discuss this matter with . Courici�lman Bat ta,g,i a . Petaluma River City Manager Robert Meyer referred to a letter received ' • the :City Clerk from Con- gres,sman Don Clausen.. in response to Co,uhc'il minutes 'of ,.April. 20, , regarding shoal_ ,1970, that has occurred in„ the Petaluma River', and that he has asked -for an investigation and report from 'the District Engineer in San Francisco. Director''of Public Works David Young reported that he discussed the matter with Mr. Riley,, Chief - Engineer of the West- ern Di.,stric,t_ of the Corps, who is directing his.staff to also, investigate, the matter for a.report. Petaluma City Robert Meyer reported that Cooperative the:Petaluma Cooperative Creamery will be Creamery install ng.,new cooling, equipment, and after September 1, 1970, will no longer be using water from the River for the cir- culating system. Fifth & D_Sts. Director.of Public Works David Young reviewed Intersection. Council.actioii,regarding Fifth and D Streets inte.rsection. which changed the parking on D Street Street along the Methodist Church to 2 7hour parking. The mat - tor of the red zone in front of the church 17 May 18, 1:970 Fifth & D Sts.. on D•Street at Fifth Street was - referred to Intersection the Tr,affi'C,Commi-ttee. because . of a request (continued) from ahe.Church representative to shorten the length .o.f said -red curb. The matter was again discussed - the Traffic Committee today'. Chief of Police. Larry. Higgins showed a sketch of the - location of the red curbs at the inter- section: Northeast corner .of .D at Fifth - 44. ft. 10 inches long; Southeast cornea of Fifth at D - 32 ft. long; Southeast corner of D, at Fifth - 56 ft. long. He pointed.out.that the length of the red - curb at and Fifth _fr.onting the church is ' D actually _4.4 f.eet,:...10 inches long and not 62 feet as indicated by the church representative at a recent,-Council meeting. A series of.slides were shown by Chief Higgins "to demonstrate the poor visibility of drivers at the subject if the red curbs were removed. A was -also presented to illustrate two.right- angle, non - injury accidents and one right - angle, injury accident oecuring at - the intersection :within the last two" years at whi.ch-time no-•redi` curb existed at the northeast corner of D. and .F'i . Streets . Other critical..inter:sections were discussed; however,'Chief Higgins considered- the.subject intersect - ion.a..ser ous :traffic problem and recbmmended removing the red curbs. - Director �of' Publ*ic Works added. that from the standpoint of• good 'sight..distance, the Traf- fi:c Committee- recommended the red curbs .re- main as existing. Action :on the matter retaining the red zones was delayed until the June lst meeting, at which time. ''church representatives will be invited-to-be-present. The City.Manager was-asked to.notif.y the representatives of the church. Copeland Street - Director of Public Works David Young reported Railroad Tracks that the Traffic:Commttee recommended the Council urge the Railroad Company to remove the- abandoned tracks on Copeland Street be- tween East D Street and East Washington Street with the that the cavity be filled, the street reconstructed, and curbs and gutters replaced :. - :The.•.question of the ownership of the right -of. -wary: was ,raised, and the City Attorney was directed to work with the staff on . the.legal -- aspects of the matter. Chamber of Commerce Councilman Cavanagh, Jr., reported on the Board of Directors highlights o.f_.the -. Chamber of Commerce Board Meeting o.f.:Direc.tors _ mee,ting held this afternoon. Items of interest Were: Submitted the Cham- ber of ; Commerce 1970 -71 Budget to the .City .Manager.;. for Christmas Dec- , .orations'; voted:in. opposition of Proposition 8; and heard a-presehtation on the Crime Check Program. VIM May 18, 1970 Rezoning ,Between So. McDowell'Blvd. & Lakeville Hwy. Ord. #976 N.C.S. \ Eight-Inch-Water Main., .Payran St. Between Jeff.er.son St.,& Caulfield Ln. Res. #5474;rN.C.:S. Planning- .Commission. Resolution No. Z.4: - 7.0, . -re commending. ..adoption of ,proposed amend,-' ment .to:- Zoning. .Ordinance No. 662 N.C.S. - by reclassifying. approximately 51.03 acres located between South Boulevard and Lakeville.,Highway, approximately 700 fee.t...northwest. of Casa. Grande Road, . from a _ "A" (Agr.i.c.ultural_) Zone to an "R-1-6,0&0" (Single- Family Residential) Zone, (:Portion of Assessor's Parcels No. 5- 040 -07., -0`9, _and . -12.,. - and. to include 5 -04 -10 and -11) (Initiated by the. Planning. Commiasion) , submitted and .filed... Planning Direc- .to.r MCGivern showed -a.map of the area pointing out the location of the proposed .park. site. ..and. -the .proposed school site of _the -Old Adobe :Union„ _School District. Ord- inance-No. 9T.6 N.C.S., amending Zoning Ordinance No , _662 . N...C.. S. , as recommended, was introduced Councilman Brunner, sec= onded by Councilman Brainerd, and ordered published by4.6 :affirmative votes, 1 absen- tee_. .-Plans and s.p.ecifications for the subject project submitted and.filed.. Director °of Public.,Works..David Young stated that the sub,j,ect .proj,ect...is to, serve the new State Divis °_ion of Highways.Mainte Station and all ,cos are. -to. be paid by the St °ate in accordance.with,an agreement.already executed. .H'e recommended that the Council call for bid ,but .delay' award of the con - tract until ,payment .is. received from the State. ;. whereupon., Resolution No. 5474 N.C.S., - approving- plans ...and - .specifications for the -sub ject. -pro j _and - ..authorizing the City Clerk.to'advertise• for bids for the work, was introduced by Council -man Mattei, spc- onded Councilman Joerger, and adopted by .6 _affirmative .vote's , l absentee. Underground - Director of_.- Rublic Works David Young reported Utility that the Underground :.Utility Committee met �^ Districts :and considered projects to utilize present Res. #5475. N.C.S. accumulated funds and funds to be accumulated through 1970, in addition to funds that might _be available .from :the- County. He showed' maps of -the .areas_considered for under.grounding and stated the .reasons _f.or priorities recommended -as _follows • -.. 1. East Washi- ngton. Street from -the, exist - ing underground-service near ,Grey Street to Hopper ,Street _ - . estimated project cost, $;5.0,.000.. 2. Payran Street..- and Petaluma Boulevard North - estimated project cost, $50,000. .3.. .McDowell .Boulevard and East .Washington - Street estimated• project cost, $72,.0:00... _Mr. Young pointed out-that the third project coula..not ..be funded unless substantial par- ticipation is: received from the County. He 1 I Temporary Ordinance No. 9 - 78 N. -C.S., making temporary Appropriation appropriations.for current department ex- ordinance penses chargeable to the appropriations of Ord'. 4978,N.C.S. the fiscal year 1970 -1971 to.cover necessary expenses of various. departments until the annual appropriation-is enforced, was intro- duced by Councilman Brainerd, seconded by Councilman Brunner, and ordered posted by 6,,.a,ffirmative_votes l absentee. Regulate. Commercial Ordinance 9.75 N....0 . S . , amending Chapter. Vehicles - Residential 15 Article -xT j .. Section 15-11-11 of the Pet - District aluma..City. Code. o_f, 1958 to regulate the Ord. #975 N.C.S. bringing -of commercial vehicles in . a residen- (second reading) t, al district,.- was._int`roduced by Councilman 1 9 May 1970 Underground recommended that the public hearing be set to Utility consider the three districts and,.in the mean - Districts time,. contact will be made_by his office with Res. #5475 N.C.S,. the Sonoma County Engineer regarding County (continued) assistance for -a. r�ep.ort to the Council- thereon at-a later date. City.,Attorney Robert sug- gested that.a public hearing be scheduled in three months to - include the three districts and, it is determined at that time suffi- ci-ent funds are not available, one district could - be deleted.. A public hearing was set for September-8,' 1970.% -Resolution No. 5475 N.C.S.; calling a .hearing to determine wYieth6r public necessity, health, safety, or = wel :fare require,. t of an underground utility district as -.more particularly des -. - cribed in the resolution, was introduced by. Councilman,J:oerger,, seconded by Councilman Brainerd, and adopted by 6 affirmative votes, 1 Fire Alarm Fire Chief Benton explained to the Council System Relocation that purchase of.,�mater.ial is necessary to red /n - Fire House #1 locate the fire .alarm system at Fire House Res. #5476 N.C.S. #1, cost of.whch'will exceed $3,000. He further stated that this material is avail- able-only from one company; whereupon, Res- olution No. 1 5476 N.C.S.,, authorizing the expenditur-e_of funds.to relocate-the fire alarm sy:stem.in Fi,re.House #1, was introduced by,- Councilman:Mattei, .seconded •by Councilman Cavanagh, Jr., and adopted by 6 affirmative votes, 1 absentee. Planning Councilman Mattei expressed concern that the Commission changes of the, proposed ordinance to enlarge Enlargement - the Planning.Commiss -ion to establish a.three- 'did Ord. #977 N.C.S., member :Board of Zoriing' Adjustments not include,.day -time meetings of the.BZA, definite - term „of.service, rotation system, etc. He was particularly.concerne,d about overtime work and the possibl more personnel. In the discussion that followed, the suggestion to • pass -.a resolution of policy establishing rules and regulations after adoption of the ordi- nance met with approval; whereupon, Ordinance- No. 977'.N.C:S. the Planning Comm s- sion, Chapter 2,; Art -icle III,.Section 2.38 of the Petaluma C°i.ty Code. of 1958 , was introduced by Councilman Brunner seconded by Councilman Cavanagh.,., , . and o- rdered posted by. 6 af-fir- mative votes, h :absentee Temporary Ordinance No. 9 - 78 N. -C.S., making temporary Appropriation appropriations.for current department ex- ordinance penses chargeable to the appropriations of Ord'. 4978,N.C.S. the fiscal year 1970 -1971 to.cover necessary expenses of various. departments until the annual appropriation-is enforced, was intro- duced by Councilman Brainerd, seconded by Councilman Brunner, and ordered posted by 6,,.a,ffirmative_votes l absentee. Regulate. Commercial Ordinance 9.75 N....0 . S . , amending Chapter. Vehicles - Residential 15 Article -xT j .. Section 15-11-11 of the Pet - District aluma..City. Code. o_f, 1958 to regulate the Ord. #975 N.C.S. bringing -of commercial vehicles in . a residen- (second reading) t, al district,.- was._int`roduced by Councilman 20 May 18, 1970 Regulate Commercial Vehicles.- Residential District (continued.) Joerger, seconde Mattei, and adopted by 7 5 aflirmat ve, 1 negative., and 1 absentee vote's'. Cavanagh, Jr'. , voted " =NQ." and astated that he had mixed'e'mo= ti:ons about ' the regulation. General Plan• Resolution - No 5'47.7 N C. S., setting a public /Modifications h'eari.ng•on� proposed 'modifications to the Gen- Res. #5477 N. C.S. e`ral Plan-; * wa °s - -i.ntroduced by Councilman Brun- ner., seconded•by *'Coun'dilman Brainerd, and adb'pted - by 6 ' votes,-1 absentee. Fairground - Re iutlon No. 5478•' N.C.S. , authorizing the Facilities - City Manager execute - license agreement July 4, 1970 for use of Farground•facilities on July 4., Res. #5478 N. 19 was introduded'by Councilman. Brunner, seconded by'Coumc = lman`Brainerd, and adopted by 6- 'affirmative votes, 1 absentee.. �� Amend Storm Drain City Attorney Robert explained that sub - 1�� Reimbursement Agmt, ject legislation is to amend the storm drain - Avondale Subd•. #4 reimbursement' agreement with Wes:tland'Invest- Res. #5479 N.C.S. ment'Company - for Avondale Subdivision 44 by providing. for? an additional area benefit °ng from the storm'drain off -site improvement; whereupon; Res`olution- No. 5479 N. C,. S . , authorizing execution :of a storm drain reim= bursement - agreement -'with Westland Investment Company, introduced by 'Councilman Mattei, seconded`'by Councilman'Joerger, and adopted by 6 affirmative Vdtes� 1 absentee. Utility•.Easement'- / Northwestern Director of Public Works David Young explained that the s''necessary to provide.•'an Pacific' Co. 8= inch` main to the Oberg Restaurant Res. #5'48'O devehopment in the-Denman area, and - that the cost involved will .be•'paid by Mr. "O'berg; Resolution No. 54: & &0. N.'C.S.;`authorizing the execution of.ari agree- meat :wth'.the Northwestern Pacific 'Railroad Company':for'utlity easement, was introduced by seconded by Councilman Jo_erger; and',adopted by 6 affirmative 'votes, 1 absentee. ® . Magnolia Avenue - Resolution 'No. 5481 N: C. S.. , awarding contract � Petaluma B1,vd. No V plans to Gh'ilotti Bros. in accordance with the P subject project, Pro�ect was ntroduced1bySCouncthe. il-man Brainerd -, sec - SS 12/13 -69• oneded' by •Councilman' Mattei, and adopted by Res. #5481 N.C.S. the follow nZ vote: . AYES: Councilmen Brainerd, Brunner, Cavanagh, Jr., Mattei; and Mayor'' Putnam. NOES: None. ABSTAINING: Cc ABSENT: Councilman -Battaglia. Councilman Joer - -ger abstained and stated that he has property in the: area. Agenda A motion; was' made by' Councilman Joerger a•nd seconded 'by„ • C6un'&i1man Bruunner to consider the request of the Petaluma Adobe Lions Club to waive a business license fee to conduct a circus. Motion carried unanimously. 21 May 18, 1970 Petaluma Adobe Mr..A. W. Mortensen appeared before the Coun- Lions Club cil requesting consideration to waive the. $.100 business license permit*,fee to conduct a John Strong Circus at 1078 Petaluma Boule- vard North on May 27, 1970. He stated that funds derived will used for charitable purposes. City Manager Robert Meyer.informed the Council that the - permit fee has been paid in _the.past•when other - organizations have had an outside firm,c.onduct an.event. This is required because the Club receives only a portion of.the total proceeds.. He further stated that.,the fee has been waived when all funds gained'are.used for charitable purposes as provided in Section 14.-27 of the City.Code. In the discussion that followed, Councilman Joerger suggested contributing $100 from the Transient Occupancy Tax Fund as he considered, the circus a promotional event. City•Attor -. ney Robert questioned the justification for such a donation. Consideration of the matter concluded when. -Mr. Mortensen informed the Council that'the.$1.00 fee would be paid in the morning,. Agenda A- motion . was made- by. Councilman Mattei and seconded by Councilman Cavanagh, Jr., to hear•a presentation by the Sonoma.County Board of Realtors. Motion carried-unani- mously. Realtors' Mr. Donald Moore, President of the- Sonoma Presentation County Board of Realtors, accompanied.by Mary Edna Wilson, representing the Realtors of Petaluma, presented on behalf of the Sono- ma- County Board of Realtors and.in recognition - of Realtor Week, May 1.7 -23, 1970; a pictorial entitled, "Under All is the Land" to the Mayor and Council members -for their personal library. Mayor Putnam thanked Mr. Moore and Mrs. Wilson for the very appropriate gift from the Realtors. Adjournment There :being no further - business to come be- fore the Council, the meeting was adjourned at 11:05 o'cl.ock p..m. to an executive session.. Mayor Attest:,,,,/. _- City Clerk,.