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HomeMy WebLinkAboutMinutes 09/21/197010 MINUTES OF MEETI-NG - OF CITY COUNCIL PETALUMA CALIFORNIA September'21, 1970 1 Council Meeting Regular meeting of the Council of the City of Petaluma was called to order by Mayor Putnam at the hour of 7:30 o'clock p.m. Attendance Present: Councilmen.Brainerd, Cavanagh, Jr., Joer,ger, and Mayor. Putnam. . Absent: Councilmen Battaglia, Brunner, and Mattei. Invocation The invocation was given by the Reverend Thorval Evenson, Elim Lutheran Church.. Approval of Minutes The minutes of September 8, 1970, were approved as recorded. Street Resurfacing, Notice to'bidders on-the subject project Project PW15 -69 was.duly published. Director of Public Res. #5567 N.C.S. Works David Young,rep,orted on the follow ing three :bids . received at the bid-opening September 1970: Name Amount Brown- Ely.Company, $61,331.55 Ghilotti Brothers. 64,803.64 Johnson Excavating 53,222.59 1 D� Mr. Young read a letter from Johnson Ex- catat,ing.requesting permission to withdraw their bid because, of an arithmetical error in extending two items. Mr. Young added that Johnson' -s total bid should be $61,141.26. Copy of letter submitted and filed. He recommended accepting the next low bid submitted by Brown -Ely Company. Mr. Young also explained that the.speci,- ficat,ions were prepared to cover deletions, and recommended that Items.2, 3 and 4 be deleted and-the work be performed by City forces. The Council agreed to grant John son's - request of bid withdrawal, and also approved deletions as recommended.. Resolu- tion No. 5567 N.C.S., awarding contract to Brown -Ely Company for the subject project, was introduced by Councilman Joerger,. seconded by Councilman- Brainerd, and adopted by -4- affirmative votes, 3 absentees. 1 "B Street. Storm Notice to bidders on-the subject,project was Drain 'Imp.rovements, duly..,published. Director of Public Works Project , SS 8 -69 David-Young reported on the nine 'bids re-- Res. #55'68 N.C.S. ceived at the bid opening.September•16, 1970: Name A mount Evenson-•Construction $44,974.00 Flipovich Construction 43, Future Construction 75,852.50 Healy- Tibb'tts Const. 31,347:00 106" 5 X September 21, 1970 "B" Street Storm Drain Improvements Project SS 8 -69 Res. #5568.N.C.S. (continued).- - Name , Amount L. J. Kr'zich $3;6,88.7.50 Madsen Construction 32 M, cGuirb and'Hester. -. 46,100.00 'Arthur B.• Inc. 29,694.50; L. R. `Yegge .Company 39.,734.00 Mr .• Young recommended accepting the low -b , whereupon, Resolution No. 5568 N:- C.S..award ing contract'to Arthur B. Siri; Inc.,..for the subject proj,ec,t, was introduced by Councilman Joerger,- .seconded by Councilman Br'ainerdi and adopted 'by 4 ;affirmative votes,- 3 absentees 1 Dust Nuisance - Petition, dated September 12, 1970, signed by Chicken•.International 40.residents of•Leisure..Lake Mobilehome Park, 300 Stony Ppint.Road, requesting aba- tement._o:f dust and dirt nuisance created from a feed, loader'boperated by-Chicken International_, read and filed. Re,portJ.dated September 16., -. 1970, from-Building Inspector Donald, P., Uhr- of - f ind- ings,.recommend�ation and conclusion in, to the,. complaint, .submitted and - filed. ._ In - referring to, the- staff report, City-Manager Robert.Meyer.noted that.Mr.'Johnson of Chicken International . was most cooperative and.stated to the Inspector that every effort.wll be made to alleviate the problem. Mr. Leon Barlas of <.Barlas Brothers.princi,pals. involved who lease to Chicken International,. appeared - before. the Coun.cil explaining the. operation of the loader and the method to solve the- problem. -He' expressed willingness to cooperate.. Mr. Jean V. Whiteley and Mr. Harold A. Turriff of-Lei-sure Lake Mobilehome Park spoke in support . of the petition. - Upon.,conclusion of the discussion, •it was de- cided that the pr ncip,als •involved be given an opportunity to•solve the problem inasmuch as willingpess_ ,coo'perate has been indicated. The staff was asked to closely check the open- a Agenda With the con- se.nsus of the.Council, Item 27 a, b and-c; Page 3., rega- rdirig.,thr.ee, underground uti districts was moved for consideration at : this' - :time. . Underground, Mr.-Coy Gore, Customer Services Supervisor :of_ Utility Districts: P.G.& E. Company, estimat that the cost for the property - owners. to-install underground s °er- McDowell Blvd. vice would average-less'-than $100, but could be, No. 1 higher.if any unusual . exi.st. He Res. #5569 NCS added 'that It would be, impossible 'to estimate - an• - average .c,ost for commercial. .connections, because of•varying•requirements. Petaluma Blvd. No. As a matter o:f.information for the property No... 1 owners involved, Councilman Cavanagh, Jr., (No clarified .that•the districts under consider - ation are not .assessment di.str,.icts but anted by Rule' monies in accordance with a Public - Utilities Commission decision,. September 21, 1970 •Underground.Utility Districts- (continued) Washington St. No..2 - Res. #5570 NCS 107 McDowellL Boulevard Underground: Utility- ` District No. 1: It explained to Mr. A. Blankenship 94 North McDowell Blvd., that the subject was not selected as a single-area-.for under - grounding but the start of a-beautification program to be continued throughout entire city as funds are` accumulated: Mr. Larry Bernaue -r was informed by Mr. Gore . that if a property owner. refuses to make the required- .connection,'electrical service will then be disconnected. .' Mr. B. Kirsch questioned whether or not under - ground'`'�utilities would increase assessed valuation' of a home.. Mr.,Herold*Mahoney, representing Petaluma Pro- perties, Inc.., owner of the Petaluma Inn, re- quested that the four poles located to the rear, of the Inn',s property and on the back lot line of parcels facing - McNeil Avenue be included in the . sub j,ect , distri,c,t , and if not, then in the next district. Mr. Gore indicated that back lot line -poles do not meet the criteria for' undeIrgrounding. Petaluma Boulevard North Under Distr;rct No.: 1- - ound Utilit Considerable discussion was held on Mr. Victor DeCarli's, req exclude a parcel owned by DeCarli Brothers.located on-the southwesterly corner of Petaluma Boulevard North and. Magnolia Avenue because service is being - provided from a`' pole outside 'of the boundary.' A motion was made.. by Councilman - Joerger and seconded by Councilman' Brainerd to remove said .parcel from the district however, after further .considera- tion,'Councilm.an Brainerd withdrew his , and_ the - ,motion died upon City Attorney Robert's recommendation ,th'at boundary- changes be. approved by . the councilmen. who introduced (Brainerd) and seconded (Brunner)- the resolution establishing the district. Councilman.Brunner being absent, it was to consider, amended legislation. - at the next Council meeting.. Washington Street Underground Utility District No. 2 Mr. Victor- DeCarli stated that at the.`.1ast meeting h_i,s:.estimate of - $800 referred strictly to...commercial, connections . Upon• recomme.nd'atiori by' Director of Public Works David Young,. agreed to require recon- nection not late 'than July 1,.1972, and re- moval poles - :etc:,, not later than August 15, 1.9 7.2, for McDowell Blvd_. - No. ,1 District, where- upon..Resolut.ion No. 5569'N.C.S., establishing McDowell.Blvd_. Underground Utility District No. l ,' was introduced-by Councilman Brainerd, ­s by Councilman Brunner, and adopted by 4 affirmative votes, 3 absentees. 10 �G September 21, 1970, W Underground Utility SqyDi'stricts: (continued), McDowell Blvd... No. 1 - Res: #5.569 'NCS Petaluma Blvd.. No. No�. 1 - (no action) Washington St. No. 2 - Res: #5570 NCS y Resignation - ®� Recreation., Music and 'Parks Commission Res.. #5571 NCS` Extension -.of Time '- Eastt W&shington / Payran'Street Traffic Signal Res' #5572 N.'C.S. V Pollution of ; Railroad Rights-.of-Way- Re gional Quality N7 control Board ;re Waste.Discharge from Vessels- . , Upon recommendation by Director of Public - Works David it.was agreed to require.. reconnection not than June 1,:1.971, and..remov_al o:f - poles, etb., not later, than July 15, 1971, for Washington Street No: 2 Di- strict, whereupon, Resolution' #5570 N.C.S,., establishing Washington Street Under-;ground. Utility District was introduced'by C seconded by Councilman Brunner,,.arid adopted by 4 affirmative votes, 3 absentees. Letter, dated•September-6, 1970, from Carol Brafidner, '15 , Mano:r, Way,, resigning from the Recrea.t'ion., •- Music and .Parks- Commission, read and filed. Resolution No. 557,1 N.C.&., accepting re•signat on' of Carol Brandner ,from the Recreation, Music and Parks Commission', was introduced by:Co.uncilman Brainerd, seconded" by Councilman . Joerger,- and 'adopte by •4 affirma- tive votes,.'3 absentees., The City. Clerk was directed to send an.appropriate letter of ser - vice 'appr,ecat.iori. Letter, dated.-September.8, 1970, from Rosendin Electric, Inc:, r.eques.ting of Mime to compl -ete the•subject- 'proj.ect, - read and filed. Resolution No. 557.2, N.'C:S. , authorizing Rdsendin Electric, Inc an extens.ion.af as- requested, was introduced by Councilman Brainerd seconded by Councilman Jberger,, and adopted by.4 affir- mative votes, 3 absentees., Letter, dated,September,l4, 1970, from Public Utilities Commission, that the time limit for submitting written comments regarding, the adopt.ion'of'Public Utilities Commission General Order- prohibiting pollution of rail. road 'rights -o'ft way by rai -1 -road corporations has _been extended to October 30, 1,970, read and filed. Letter; dated September 4, 1970, from -Fred H. Dierker:, Executive. Officer, California Re =- giorial Water- Quality 'Control Board', with copy of Re'solutiori.No. 70' -65, "Poliey'Statement with Respect -'to Waste Discharge from Vessels to Tidal. ; o_f- San. Francisco Bay ", adopted - by'the.Board and an additional motion adopted regarding, dockside requirements, and request- ing a reply .by..October 15, 1970, c -itir g . th_-e. steps be ng to adopt and enfo.rce regulations -with a schedule of steps to be take to provide dockside.sewers._at berthing' and launching facilities owned by the City, -read and ;filed." . Mayor Putnam . reported that the Waterfront mittee ('Councilmen Joerger, Battaglia,- and Mayor Putnam),•and members- of - the staff held - two.meeting's in an_ endeavor to reach a con -. cl.usion:on'the , matter the.Board,,. and .that material'is'p.resently` being developed into an ordin for Council consi•deration — 1 L U September -2.1, 19.70 Penngrove Fire. tF :9.f the Sonoma County Local Resolution No.. 1 Protection District Agency Formation Commission making.determinations Annexation.No.'70 -1 and. .approving.the, proposed annexation of terri- tory designated as "Penngrove Fire - Protection Dist rict- Annexation No. 70 -1 ", submitted.and filed., Denman .Annexation Resolution .No . 162. ' of the Sonoma County Local No. 6 Agency Formation,Commission making dete,rmina- tions and,.disapp,roving the proposed annexation of territory designated "D,enman Annexation No. 6 to the City :of -Petaluma. Councilman Joerger- .pointed out that the Council did have sufficient notice of LAFCO's public hearing on the- subjedt.annexation,to.make.an expression at.,a Council meeting. Discussed and. approved was Joerger's suggestion to request the - County Executive Officer, notify Planning Director McGivern when annexation pro - _posals are:rec.eived and the information be sup- plied to.the,Council for consideration before LAFCO's hearing., Al ?Ale Young Annexation Local Agency Formation.Commission of the County No: 70 72 of.Sonoma Notice Public Hearing regarding "Young Annexation,No. 70- 2 October 1, 1970 at 3:00 p.m.., , submitted and filed. ..Director of Planning ' Mc.Givern showed . a map of ''the . area He . noted. that .cont-act was made - with the , C.ounty in. . regard to as no informa't.ion was . :received .by• the City from the. proponents..: He - a the-County be asked to continue the hearing until.all information is furnished to the City.. After discussion,, the Planning Dir- ector to attend the public hearing on.behalf the City. Claims and Bills Resolution 14o.,.5573-N.C.S., :approving.,Claims and Res.-#5573 N.C.S. Bills -Nos .1131 to 1249 inclusive and Nos. 192 to.,230 inclusive approved for payment by the City Manager, was - introduced by Councilman Joerger,: seconded by.Councilman.Brainerd, and adopted - by 4-affirmative votes , , 3 absentees. Fire Station #1 Fire Chief Roscoe Benton reported on the pro- .,,, �,.. Alterations and gress.of Fire.Station No. l�Alteratioris and Addition Addition Additio_nI project., Delivery and installation of. the: fire alarm.- and complet -ion ; of. minor details wil the contract within the next thirty days,: He noted that an expen- ditur.e of $2 -75 wi11:be made.for office letter- ing and: blinds ­ ,f,or' : _the office windows. Fire. Station Fire - :Chief' .Roscoe Benton', reported that bids for Fire-,Station .No - ..•3 Sitework and Street Improvements project will be opened on Sept- ember_ 2:4,, 1970,_ and :that. plans and specifi- cations- -for, the- facility will be completed around October 1., 1 -970. City-'Manager. Robert .-Meyer stated that an "Open . is be,inq- ; planned -for a joint tour. of the Poaice- . Stat°ion - and' Fire Station No. 1. Study Session - ..City: Mana;ger••Robert.Meyer stated that the September 28. 1970 mobilehome-,park.tax.r.evenue. study has been re- scheduled for-September 28, 1970, and other items to be studied.at the same session will be the weed abatement program and ambulance fees. 110 d/ _ I f September.21, 1970 Dredging -. Petaluma-River City Manager Robert-Meyer,reported on,the .fie -ld survey - made. with Colonel - Roberts-, Dis— trict - Engineer., iCor -•ps of Engineers; Mr. Gordon Tippet-t-, Congressman Clausen's ; r.epresen i tative . and members of the staff of the area near "F"• Street - along the River acid around .the. docking facility•to• discuss dredging of the Petaluma River. by the U. S of Engineers if­-emer- gency funds are - granted. Mr.. Meyer added: .that if . ',the project is authoriz;ed, City is res ponsible for-providing -the spoils areas and .co nstructing ---.the - •' Director_ -of Public Works:David Yotingreported on the necessary contacts to b.e: made -for the spoils areas -and recommended that the-dikes.be constructed for the City by the..'dredging contractor., La Tercera .,School - -City Manager: .Robert .Meyer reviewed -a - proposed Joint Recreational agreement by.the:Old Adobe.School'Distr'ict and Area _ the City of, for the . developmen.t- of a joint - recr-;eational - area (not to, exceed five. acre,$)- ...".at the La- Tercera School. Following a brief�disc:ussion, Mayor Putnam asked that - the question rai ed;by Recreation, Music and:Parks Commissioner Ray . Boccaleoni regarding, . number of acres be thoroughly checked and that.the. Commission be furnished with a copy of'tle- agreement.. It..was: generally approved to present th& agreement for action at the next Council meeting,. East Washington City Manager'Rober't Meyer, reminded the Council Interchange that maps . of - the ° Washington Interchange Reconstruction Reconstruction`Pr.oject will be displayed. by the - -Division - the.Kenilworth .,-- Recreation - Center on- September.29; 1970, for public review.' The..public hearing on the sib,j:ect- .interchange reconstruction.is scheduled for October. 7, 1:9.70. Parking Petaluma Councilman J erger reported on the Traffic -Com. - School Administra- mttee'.s consideration of a request received tion Building - - from Mrs, E'lvyn 'Lee of -the 14th 'D:istri,ct P..T.A.- fo,r , stick : ets to be pl on. cars so no tickets : ,will be- .received by those attending Board meetings, etc. ,, at the . School Admire s,- tration Building. The Traffi.cCommittee, approved two -hour limited parking in.front of . the School. Administration Building on the, east ,side, of Fifth. Street between "A" and "'B" Streets (approximately 15 spaces,). He noted that -there are another .10 to 15 parking spaces -on 'the school.-grounds. Briarwood Director of. Public Works :David .Young - discussed Annexation the subject annexation which - fronts on. Casa Grande :Road' and . is •lo.cated o;ppo'site of -the pro- _ pos'ed - high schoo site. If the subject parcel is annexed before development of the - school , , there -i's � a.- possibility that the County 'of SOnom wil not.participate, in the const of Casa :Grande Road on .the high' school , area - a'cost of approximately $:6,000.: mayor'. Putnam , r epo.rted that. at the LAFCO publ hear ing.en-the- ,subject annexation, Supervisor, Vella strongl-.y ,bbjected,..to 'County participation' of the•roadwor:k if - the area is annexed prier to the school development. She added that the matter• -was • held over by LAFCO, for a • solution, to -the problem.. 1 1 1 September 21 „1970 1 Briarwood. Annexation (.continued). 1.1.1 Mr. .' . Jack .Leue. of .Mazza- Taylor Corporation .and ��� repre.s.enting!Briaxwood Annexation, addressed the 'Council requesting.support.of the. tion at LAFCO. He-assured the Council cooper — ation -his ,firm-on the street'matter. General.discussion followed in which Council- man Joe- r.,ger tpoint.ed out-that subdivision deve:lopment .school :needs could become a future problem. Mrs. Carol Sartori, ..County resident, appeared before the Council - -and spoke-of ,the.do.uble session schedule in .the Old.Adobe School District and of the con- cern :of the parents-in the.area of the .increased school from the.proposed. subdivisions. Upon completion of the discussion, it was gener-a agreed- that the street matter does. .-not*ap.pear unsurmountable and -that the of. ' the annexation by. LAFCO , be - continued for a decision.. Civic Center Coun. ilman Cavanagh; 'Jr..,, reported that pre 7 r Committee liminary plans of -;the proposed City Hall Addi- tion be presented to the Board of Super- vksors: of Co.un.ty, tomorrow morning for consideration. Further.information will be submitted'.to -the ,Council - on the matter soon State Chamber Councilman Cavanaghi Jr., reported on the Highway Meeting subject meeting held in Santa Rosa 1 He .:no,ted -that there were .no, changes• -dn prior -ities as East Washington Street, Interchange is. still _ h in , pr or.ity and State..Highway 116, is still. on the list.. Rezoning = 833 Petaluma Boulevard Cambridge,Square Monarch - .Pacific Subdivision #6. Res.. #557'4 N.C.S. Purchase of Land Ord. #994 N.C.S. Planning.Commi Resolution #Z12 -70 recom- mending.proposed amendment to Zoning Ordinance No.. 6.6.2 N.C`.S,. by reclassifying 'Assessor's Par- cel - No. • 6- 0.41 -04• and a portion of .6- 041 -27 (833 Petaluma Boulevard .North) f rom a . C-.S (Service, Commercial) Zone -_to , an R -M =1500: - .(Multi.- Fami,ly). Zone, s.ubnii - and filed. Consideration-of the. -subject rezoning was'held ove.r� for the next Council - -meeting. City Planning:Commi :ss =ion Resolution-No. 23 -70 approving an extension - of -time 'within which to . file, final -map of-the remaining portions of Cambridge.Square, submitted and filed. Report,,. dated - September 18, ,1970, from .Direc- . tor.of Publ.ic'.Works David Young certifying to g/�® the.completion'o:f public improvements in.the. subject subdivi•s.ion.-.with certain 'provisiohs and .. -recommending• :acceptance of said improvements submitted and Resolut,io'n #5574 N.C.S., accept Eng let ion of work required in Monarch - -c.Pa- ci•fi'c Subdivision, Unit No. 6; was-.introduced -by Councilman Cavanagh, Jr.,. seconded by- Coun- cilman_Joer.ger,.:and adopted by 4 affirmative 'votes,. 3:: absentees..- - ordinance No :: 99.4'- >N..C.S., authorizing the pur- .chase of land, for:.park site • (La Te_rcera) , was introduced.=by- Councilman Cavanagh, Jr.; sec- onded by-.Councilman:Joerger,, and ordered posted: - by 4 :affirmative votes', 3 absentees. 11 0 September 21, 1970 Parking on Streets- In. response to Ray, Bo'ccaleo.ni.'s question Ord. #997 N.C.S. • whe`t'her'•.Section 15,.3".8 of the , Petaluma' City Code ,al -ready �alutheriz :es towing away'-of .- vehicles `parked. - excess , of 72 hours, City Atto;rhzpy• Robert that -said sect "ion snot ;clear an'd, thdt the proposed. legislation ciari•f-ies.. and amends the Code .to cover.. auth -.. or•ity.ur det,�. one section; whereupon,, Ordinance No.' .9.97 :N;. C .-S,,. ,: amending Chapter 15, Article X., -Secti-on 15 :10. of the Petaluma .C'ity Code of :195;8 :to 'prohibit parking on streets or _:alleys: for•,more. -than 72 hours s. and•. to authorize. towing away- :of '. such vehicles , -.was introduced-.by Councilman Joer•ger,•_ by 'Coun"c;lman.- .Cavanagh, Jr.,, and ordered posted by 4 ".affirmative' votes., 3 -ab'sentees . Planning. Director Wi -lliam McG'ivern .showed­ a map. of 'the .area 'proposed for a future ' service st.a Ordinance No. ,•99°1 'N.C.S.,,, amending Zoning' Ordinance No. -6 62 N:.: C. S by. rezoning- Assessor's Parcel No 5 - 04" 71 from an -! _.(Agricultural). Zone to 'a ,C -H - (Hi way commer.cial)` Zona j- ,was'_ introduced by Councilman . Brunner - ; seconded.by Councilman Cavanagh, Jr.., and' adopted' .by .4, - a'f f?irmative votes , 3 absentees . Ordinance No. '- �9 :9 N ,C ,S...-,N amending ' Zoning Or.di nance.No. 662 N.C.S.'to provide ..for an "addition to Section 3•.30 =0, to';pe.rmt .certain dgmest,c . ani.mal.s '.to= :be..- housed , in, residential areas: to .dele,te- :Sd,ction 3:- A -3'.Ol b and e:; to renumber Section 3.- A- -301 !c­ and d; and; add thereto a.. ry0w , :Sect ion .13` -A - =3 01 d, was- introdiic:ed by, Councilman !Brunner,, .-.seconded by Councilman' Joerger:, and adopted by 4 affirmative votes, 3. absentees'.. 1 1 0 % Rezoning Area - 3►x Casa Grande Road - Lakeville Highway Ord. #991 N.C.S. (second-reading), Dome�s'tic Animals in Residential, Areas Ord.. #992•`NCS;• ('s'econd reading.) Permits for Ordinance.No,.,9.93".N.C.S.', amending'Chapter IV Livestock.Within of the Petaluma City Code o,f 1958, !Sections the City 4.. , 4. i8 ,`:.4 .9 - and, 14. 110 to provide fo:r per fits Ord'. # 993' N. C . S .: to '"-*k'ee.p livestock within the City Limits; to (second - reading) require.. -n application therefo,r-. under cond-- tions" " and .to -provide. a, method for .revocation of such permits; was introduced-by Councilman, Brunner, seconded -by Councilman•-Joerge.r, and adopted 'by.;'4 affirmative votes, 3 abs „ entees : , Sewer : Connection Or'd'inance !'No . 995 `N.0 :. S . ,; amending- Chapter Fees XI!X, Article VI , - Section 19..4;0 `A, ",B,, C and --.D Ord- #995 ; N.C.S. of the:Petaluma Code , of 19.5 -, 8 to establish (second. reading), connection fees . for the privilege . of ,connec- tion ' to the .City sewer! system, was .intr.oduc_ed by'Councilman "Brunner; seconded by :Councilman Braine -.rd; and adopted 'by 4 affirmative votes, 3 .ab'sd tees . • Parking - Meter, Frees City. - Manrager Robert Meyer .pointed out' to the Ord:. 4_996 - N.C.S." Council - the,problem with 38 meters on the (.second reading) "A Street Lot that cannot be con vested to, implement, -the - subj,ect'ordinande. He referred a report dated Septemb -er'4, 1970,,'from Acting Chief of Po ice .-slick re Bard "ing the cost ;to"purchase reconditioned meters �to replace th&set that :cannot be cori -- verted.. 1 ht.. was .a'gre'ed that a decision ,could be made',, on this matter bef.ore "the effective, date of the ordinance, which.is October 21; 1 Ordinance . #`996'N.C.S "., amending Chapter. 1 September,21, 1970 Parking Meter Fees Ord.. #99:6 N.C.S. (second reading) (continued) Request,County to Defend the-City of .Petaluma Res. #5575 N.C..S. _15, Article-14, Section 15.14.4 and Section 15.14.8 of the Petaluma City Code of 1958 to establsh.park.ing meter fees, was introduced by Brainerd, seconded by.Council- man Cavanagh, Jr.--, and adopted by-4 affirma- tive votes, 3.absentees. Resolution No., 557 N.C.S., requesting the County Counsel of the-'County-of to defend the City of Petaluma (complaint filed by the Santa Rosa Cigarette Service) pursuant to.the provisions of Revenue and Taxation Code,5103, was introduced by Councilman Cava- nagh, Jr., seconded'by Councilman Joer.ger, and adopted by 4 'affirmative votes, 3 .a- bsentees. Purchase, -of Land Resolution No.•5,576 N.C.S., authorizing_ the' Res. #5576 N.C.S. purchase.of certain lands of Rollins.on-Mag nolia.Avenue for $3.,,000, was:introduced by Councilman - Cavanagh, Jr.,, seconded by Coun- cilman and adopted by 3 affirmative vote 3 absentees and-1 abstention. Council- man Joer-ger,abstained and that he owns property -in. the vicinity. Agenda Items , 30', ,31 and 3.2 and the. Executive Session were deferred for f -ull ; Council consideration at the adjourned meeting on September 28,, 1970. Adjournment There being further business to come be= for.e.,'the Council, .the meeting was adjourned at 11-00 o'clock pl:m:. and to Monday,'September 28, 1970, at 7:3'O-.o'clock p.m. . Mayor Attest: City Clerk 1