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Home My WebLink AboutMinutes 10/05/1970119 Council Meeting Attendance. Invocation MI -NUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA October , 5, 1970' 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.. Present: Councilmen Battaglia *; Brainerd, Brunner, - Cavanagh Jr . ,' ,Joerger ,� Mattei, and Absent: None.* * Arrived at 7:37 o'clock p.m. Due to.the absence of the Reverend Stephen' Canny, St. Vincent's Church,-no invocation was given.. (Mayor Putnam noted that the Rev- erend Stephen Canny has been trans,f_erred . to' another city) . Approval- of Minutes. The minutes of September 21, 1970, and September 28, 1970, were approved as re- corded: 1971.Police Car Notice to bidders on'the subject purchase /,& 7 Res 45584 N.C.S. was duly published Report, dated October-,.,...- 5 1970, of October 5, 1970, from,Purchasing Officer John Nolan, sub -_. mitt'ed and filed. Mr. Nolan reviewed -. following; three bids received: Name. Amoun Petaluma Dodge, Inc. $3,655.19 Jim Rose Chrysler Plymouth 3 , 867 . 99 Sanderson. Ford - Mercury -Sales 3,727.50 Mr -- . -Nolan noted that-the bid -from Peta- luma Dodge included the following excep- tions:. A. 30'0 horsepower at 4800 RPM. The specifications call for.315 horse- power. B. Circular sideview mirror.' The spec - ifications call for three three inch rectangular mirror. Some discussion followed on the first exception, and it it was -the consensus .of ' . the.Counc it that the low bid _did. not meet the specific.at�ions whereupon,' Resolution No. ;5584- N.C.S. , aw..arding. contract :for One ( Police Car to Sanderson .Ford- Mercury - Sales , 'was introduced.by Councilman Mattei,-second- .ed,.'by Councilman Battaglia, and adopted by 7 affirmative votes. 120 October 5, 1970 t � Beautification - Public Utilities Commission Opinion, - dated. V Railroad September 24,- 1970,'-.that the Commission Rights -of -Way does have jur'is.diction•to convene•a hear -t ing "f:or the . pu- rpo.se of conaidering . a plan to landscape - railroad rights--:of-way in urban areas and to thereafter- issue approp riate orders, read and - filed. NWP • Drawbridges . U. S . .Coast Guard Public Notice No.: 12-32, \ a Ac -rocs Petaluma. dated September "28, 1970, of proposed. \/ River change in special operating.regulations for the Northwestern Pacific Railroad swing bridges' across Petaluma Creek.at Black• Point . and Haystack Landing Ca- 1 -i,f- orna, submitted and filed. City, Manager _Robert Meyer was`asked to contact appro.p riate groups for an expres.son.of opin ion', in regard to the• - proposed change so that the.'Council may take action on-the matter {� at its on October 19, 1970. / Petaluma River- Resolut,ion:No.. 30581.of the Board of -Sup=. Project 1970 ervisors of the of Sonoma acknow- ledging the receipt..of the "Petaluma. River Project 1970" report and comments and rec -7 . ommendations of ethe Planning Commission.in. •directing use of report in future pl submitted and-filed. \�a Errors :& Omissions Letter, dated September -18, 1970, from / Insurance Coverage- Mr Robert P -. Stimson of the Petaluma' Association of .Ind:ependent .In'sur :ance -. Agents that an annual premium of $1,0.00 - would -provide - coverage for the $ 5'0 ,,0 0 0 gap in the7 Errors and Omissions, basic _policy and. the Umbrella, coverage, and requesting . notification if-such cov= erage. -.is desired, -read and fil,ed,. Coun -, cilman•Brunner,• Chairman.of the Insurance Committee,.r.ecommended not to purchase the , .coverage because of the high'-premium. In discussion that followed, City Attorney .Robert, pointed .out that under the Government Code.as it exists :covering.claims against public•entities, the possibility of being sued for errors and omissions is very -slim. He could not recall.any. direct City involve.ment.in an-errors and omissions claim. He felt th at.the City was generally. adequately - covered. A. brief discus!sion'. followed, and.-it was agreed not to take any action on the subject insurance coverage.' City Manager Robert Meyer was asked to -keep' the.Co.uncil informed of any- deve3opments in regard to this matter. Claims :and• Bills Resolution No. -558.5 N.C.S. , approving ', Res. #5585 N. -.S. Claims .and Bills No .. 12150 to 1307 in elusive .arid Nos'. 231 to inclusive . approved for payment by the. City. Manager,. was introduced by Councilman Brainerd, seconded by Councilman Matter, and adopted-by 7 affirmative votes.. 12.1 October 5, 1970 East Washington City.Manager Robert Meyer.reminded the G� St: Interchange Council of the public hearing to.'be held Reconstruction by the.Division of Highways at Kenilworth Recreation Center on Wednesday, October 7, 1970, . at 7:30 p.m.' on the proposed. reconstruction-.of,East Washington Street 'Interchange. He,noted that the Council will have 30 days the public. hear- ing in which to file a statement. The matter was directed to be included on the October 19th Council meeting.agenda.' Acquisition of City -Manager Robert Meyer explained Land - -East. the .Council that the subject ordinance Washinaton St. is. being presented cofisideRration to Improvements cover.necessary acquisition of land for Ord._ #999 N.C.S. widening East.Washington Street from Red- wood- Street to 200 feet + east of' Street.to four lanes of traffic. The i/ proposed:ord,inance.'was read for Council �� information. Councilman,.Mattei objected to extending the.project .feet + east of Hopper Street; as he understood -the. project terminated,at Hopper"Street. Dir- ector of Public. Works David Young•,explatined that according'to the project- Consulting Engineers., it is economically advisable to extend the project,through the Hopper - East Washington-Street Intersection for proper signalization and transition from four ,lanes .�to : two .lanes - . Disc,ussion fol- lowed and.Counci.lman Brunner was informed that,the matter of the East Washington Street Plan Lines from Hopper Street to the Freeway was. tabled._ In line with his request, the City Manager was directed check the proper procedure to.resubmit.the East. 'Washington- Street .Plan Lines ( fro,m Hopper'Street to the Freeway) to the.Coun- cil.for.consideration.: A motion was. made.by Councilman.Battaglia and seconded by Councilman Brainerd - to add the subject ordinance the agenda for consideration at this time. Motion car- ried .unani-mously. . 'Ordinance •No. ,99.9 ,N.C.S. , authorizing the acquisition of:land for.the East Washing- ton Street. Improvements, was introduced.by Councilman Brainerd; seconded by Councilman Joerger, and ordered published by the fol - l•owing , vote •, AYES:. Councilmen .Battaglia-, Brainerd, Brunner, Joerger Mayor Putnam. NOES: Councilman,Mattei. ABSTAINING: Counc Cavanagh, Jr. ABSENT:.. None. Counci.lman`Cavanagh,,Jr., stated that he-. is involved -with property in the area.. October.12, 1970 - City'Manager Robert:Meyer.,notified the Holiday - Council that Monday, 12,.1970, is a holiday for the..City employees. 122 October 5, 1970 Civic Center Counc,ilman Jr., stated that the Committee Civic Center Committee 'Will have -a meeting this• week' and 'a report will be made to - the., Council'.thereon. State Regional Mayor Putnam sta ted that the Petaluma Water-, y \� Q y -C , Quality Control fraated ont 'Commiteewil•1 meet tomorrow morning ' Board Regarding' ' letter to be sent to -the State to- Petaluma River Regional Water.Qualitty Control Board- beford October -15', -197'0 , explaining -the steps to' ,be taken by the City of Petaluma with regard to eriforc,ing = 'regulat concerning waste• di;scharg;e -from - vessels . and providing dock -.. side 'sewers 'at - ber.•th -ing : and- launching .fac:i- lities owned by the the City ... The Mayor � 'add:ed ; that.the matter will be brought;to the�Coun -' cil for consideration:. S Use of Councilman Brainerd reported that. *tYe Water', Lafferty Ranch Commission 'met• - ori - September 30,, 1970,' to consider the; iise of Laffer - ty .Ranch. He read -•the',minutes of Water. Commission, which 'indicated that three-bid's were re— ceived for -lea -sing the 269 +;—ac ranch . for agricultural- purposes. - Councilman Brainerd 'furthbr reported that the Water - Comm•is recommended to -the . Council 'tha.t Frank =BdfEa b6' granted the lease for .a two -, year period at $2400 per year, payable semi annual -ly.; and - .s:ub..je:ct to use; of the property. for :ah .educational program 'by. the Petaluma. City - School" . District. Copy of - minutes:- sub-; mitted and filed -; three . ^s.received,sub -.. ro tted and' filed-. Councilman Brainerd further stated that the' Commi's:sion also considered the pro- posal `of the Petaluma City .School, DI, strict . to s use ' the: property. for .,edtcati:onal' 'and environmental..purposes,.and -that the Com < -' mission''recommended I to the Council an agree- -merit between the City - of Petal'.uma and the Petaluma City 'School District Abe- executed . . t'o cover the program. Following a brief discussion on - - the details of the education- al program, the City Attorney was directed to prepare the- necessary,lecgis.lation cov- eying ',the ; vario.us leases involved ,for - Council consideration -on October .19, 1970- Foothill Manor. Report, dated Qctober 1, 1970, from.•Dir -. / Subdivis #3 ector of Public;Wo:rks David Young, cert- Res.. #5586 N.C.S fy.ing to thel completion of public .improve- merits •in the . subj subdivision with certain -provis -ions .and recommending, accep- lance of said," 'rove ,, submitted' and filed. Resolution No. 5586 N.C.S., accept -. 'ng completion ,of ' work required in Foothill' Manor Sub.divis.ion, Unit No.. 3,, was - Intro- duced by Councilman Joerger by Coune-ilmah °Brainerd, and adopted by 7 of f irmatve.:-vot-es,. 1 h 1 October 5, 19.70 Agenda A motion was made by Counci lman•Battaglia and. seconded "by. Councilman Mattei- to add acceptance*of•Casa Grande Subdivision #2 to the agenda•for consideration at this time.. Casa-Grande Subdivision #2 Res. #5.58.7 N.C.S. Animal Control Ordinance_ Ord. #1000 N.C.S. Transient Tax Ord. #1001 Occupancy N.C:S. Acquisition of Property - Water Pump . St Ord. #1002 N. -C.S. Rezoning - 8.33 Petaluma Blvd.. No. Ord. #'998.N.C. Report, dated October -5, 1970, from Dir ®� r ector of Public Works David Young, certi- d fying to the completion of public improve - ment in the subject subdivision with certain provisions. and recommending'accep- tance- of said improvements, submitted and filed'... Resolution,No. 5587 N.C.S., accept- ing completion.of.work required in Casa Grande Subdivision, Uriit No. 2, was. intro - duced by Councilman Joerger, Councilman Brainerd, adopted by 7 affirmative.votes.. - Ordinance No. 10,00 N.,C..S '., amending Chapter Iv Qf the Petaluma City , Code of 1958 by amending Sections 4.29,.A.32, 4.36; 4.38, 4.44; and adding'S'ection 4.47 to establish fees.and charges with respect to animals - kept or served by the pound, to establish', license fees, and,to establish - a minimum fine, was introduced by Councilman Brunner, seconded by Couhcilman.Cavanagh,.Jr., and ordered publ by - 7 affirmative' Ordinance No. 1001'N.C.S., amending-.Chapter 23, Article•3,Sections 23.15.and 23.16.0f the Petaluma.'City Code of 195,8 to establish- Transient 'Occupancy Tax at five ,percent .and to delete - certain exemptions from-the said tax, was ' introduced - by Councilman.Joerger,, seconded by Councilman Cavanagh, Jr., and ordered .posted by) 7 - affirmative 'votes . Ordinance No. 1002 N.0 -.S.., autho.rizing.the acquisition of certain.property for the purpose.of construction thereon of a water pump station site °. (Magnolia Avenue)', was • introduced,by Councilman Brainer.d,'seconded', by Councilman Mattei, and ordered posted by 7 affirmative votes: Planning Director William McGivern showed various .maps to it - -ra,te : the zoning rec- ommended by the -P. anning Commission, the s` uses of the .adjacent properties'in the. - Petaluma- Boulevard''North - _Magnoli Avenue Keokuk..Str.e'et - Cherry Street area,. and a'drawing_of future, access from Liberty Street. Extension: east .through the s.ubj ect property to Magnolia Avenue.. For Council n_formati._on, Mr. McGivern read the Planning Commission minutes of Se.ptember'15, 1970, giving an •account,of the rezoning hearing. Said-minutes - submitted and filed. Mr. Mc- Givern pointed out that the Planning Com -. mission,recommended'•rezoning'the entire parcel of 4.6 acres - - to an R -M -1500 (Multiple Family) Zone; however, the staff recommended approval of the R -M -1500 •Zone, except for the long, narrow portion of the.subject 124 October 5, 1970 Rezoning - 833' j Petaluma Blvd.. No, Ord. #998 N.C.S. (continued) parcel fronting,on,,Petaluma- Boulevard North. This - .portion• was recommended the sttaf f '. to remain-* in the _C -S Zone' in order to protect the continuity of the,, Commercial.Zone.,along Petaluma Boulevard. North. Mr . _ David Tra.ver-s i ,. 'attorney representing C S Enterprises1; developer of - - the pro -. posed multiple .family complex -, spoke and stated tha -t ;techn- ca.11y the ,developer . does not : object• ••to the- C =S Zone Zof the narrow portion fronting Petaluma Boulevard North. Those-who- ; spoke in-opposition to the re- zoning - . proposal.,- were.: Delmo Cuppolet,ti, Cuppoletti Iron Works, 825 Petaluma Boulevard North, Mrs..: Jbhn.Carlsen representing. Lacher. Hatchery_:, 839 Petaluma Boulevard North. .Francis-Lazia, 34- Cherry Street Victor DeCarl,i,, owner of property at the southwest corrier.of Petaluma Boule -. vard North and Magnolia Avenue Mrs..S'antina Hoope;r,.51 "D" Street spoke in regard to the, proposed , extens "ion, of •the . streets and,suggested that.ser.ous consid -' eration be given 'to. proper .future ;projec tion.- Mr., Leroy attorney r:e,presenting. the .prop.erty ,owners •opposing the . rezoning. application,.appeared before the Cb,,uncil and pointed . out'. the- reasons for the' s;tr"ong� objection.. ; The main reasons were .out- lined .. by Mr: Lounibos as follows: Rezoning. would' be- incompatible , - .the. existing surround., -ing zoning -and uses-,,of the area there- are° many 'hazards involved with the ,buAimess. establishments in the area; .the. one access, on Petaluma ..Boulevard North. ; would, not pro -- vide - adequate : ing -ress and egress for . the complex.; the •devel•opment wound create a flooding .pr:obLem -in the 'area; and in gen- - er'al , the. �z,on -i•ng .would be improper.. Upon - con"cl;usion of �h ;s remarks; Mr..: 'Louni -boa requested Council denial. of the.':rezon`ing. In h-i pze +sentat on;, Mr. Lounibbs - s.tated. that .s,everal. of-. the, property owners, pro- ; te;s rezoming claimed tha;t were 'received from the Chairman of the,, PI.ann -ing Commis ;q Mr. ,Paul S.tanley.,,, and, therefore, 'he intended to address a_ letter', to the- Grand 'Jury of Sonoma-.County request- ing , an investigation of - the conduct of - Mr. Stanley. -• Mr ;. ,Tr,aver.si again addressed the. Council y , , and pr,,esented the following -comments : October 5, 1970: Rezoning - 833 The rezoning would provide'a convenient. Petaluma-'Blvd. No. buffer between commercial uses .and . single - Ord. #998'N-.C.S. family residential developmen.t;. there (continued) a definite need for - apartment units in Petaluma; the•'proposed`development will be completely-'fenced;, the proposal would provide revenue for the,-City; and,. the. narrow frontage of-the property makes it unfeasiible for :commercial development,.' He..stated that. the.developer is agreeable to provide - an , acces,s - to the' property from magnolia Avenue'. Those who spoke.in favor of rezoning, were: Jack Garrison of Rollins Realty Herbert Buiidesen,of Bundesen Realty John. `King , J . J,. .King- Insurance Agency 12" � F Councilman Cavanagh, Jr., presented a let - ter,. October 5, 1970; from�Mr and Mrs. John Cavanagh; 'Said letter was. -read �a'n(T_f iled . Mr .. Cavanagh requested in his.letter.that the term "condemnation be omitted in the.reso°lution to negotiate.so that future generations need not be led to believe that any Cavanagh family ever objected to sound progress,for the -City of their.adoption•.:o:f. already many years Following considerable debate from the floor, considered all of the - facts ' A motion was then made ,presented by.Councilman.;Brunner and seconded by Councilman Matted to amend ordinance-No. 99.8 (.introduced on September 28, 1970), so that the narrow strip fronting on Petaluma Boulevard North remains in .a C: -S District ..as.. recommended by the - staff. . Motion- carr--- ied.by . 1 abstention. Councilman Joerger abstained statingcthat he owns property in the area. In compliance with, the.- Charter, City Attor- ney.Robert pointed out that the amended ordinance requires..publi_cation; whereupon, said.amended. ordinance was ordered published. Property for Councilman Joerger. •q.ues.tioned the ne East.Washington sity- of condemnation procedure to be Improvements taken to acquire, for the East Project Washington_Street Project Res. #5588 N. 'from Mr. John Cavanagh;.Sr. (father of' Councilman Cavanagh, Jr.),., He .asked that Mr. Cavanagh be given an opportun - ity* to .nego.tiate .on .a friendly basis before any.legal; action is taken. City Attorney explained conflict of interest situation involving Councilman Cavanagh,-Jr., and because ,of this, .it is necessary to'-file legal action. He added that. such. action does .not prevent negotiation , after f=iling wi -th the Court. Councilman Cavanagh, Jr., presented a let - ter,. October 5, 1970; from�Mr and Mrs. John Cavanagh; 'Said letter was. -read �a'n(T_f iled . Mr .. Cavanagh requested in his.letter.that the term "condemnation be omitted in the.reso°lution to negotiate.so that future generations need not be led to believe that any Cavanagh family ever objected to sound progress,for the -City of their.adoption•.:o:f. already many years 126 October 5, 19-70 Property for and -mo.re years ,in -the - future,. City Atto.r.- East Washington neyo.stated that the:word "condemnation. " Improvements does not,appe,ar in the..resolution.'. Re_s -. Project o'lution No:.. 55 °8 8_ - N . C . S . , declaring public. Res. #558:8 :N.C.S. , necessity;,,d recting `the acquiring of easements and fee•;ttle,in real , property . for - street: widening-purposes, and •direcat- ing . the•.:City A.ttbfney to take such pro -- ce.edings • as _a•re,,.rnece'ssary to acquire the real property. was introduced by Council - man `Mattei , seconded by Councilman Brain erd, and adopted by 6 affirmative•ivotes, 1 abstention..' Councilman Cavanragh, .Jr. , abstained stating that he is involved with property concerned: Policy-- Weed Resolut °ion :.No . 55.85 • N;. C . S : , , of policy re- Abatement- garding- .weed' introduced, Res. #5589 N.C.S,_ by Councilman.Cavanagh, Jr., seconded by'Councilman Joerger, and.adopted•by 7 affirmative votes: Ambulance.- Resolution. No. �5590—N.C.S.,, establishing 'ambulance Operation, Fee procedure, for opprat'•ion of City (� Schedule, etc. fixing:the fe.e 'schedule for said service, Res. #55.90 N.C..S. fixing the , ser- vices :to be paid for City personnel recalled to participate in said ambulance -. and repealing all. rest= - olutions.in conf:Iict, was introduced, by Counc'Iman Brainerd, 'seconded by Council- man Mattei,.and•.adopted by 7 affirmative votes. Civil Defense Fire Chief. Roscoe Benton reviewed the Equipment activities of the 'C'ivil. Defense equip- . a� Res. - A5591 ment for the past two years-and recom- I mended-the Council a- ppro.ve of the. extension. agreement with-the State of California;' whereupon, Resolution No. x5591 N.C.S., authorizing.the Mayor to exe;cute,exten• sion agreement for.temporary transfer of vehicular equ pment"from'th State of Cal- ifornia•, 'Of e of ,Civil Defense was in- troduced by Councilman Joerger,.seconded by Councilman Cavanagh,•Jr., and adopted_, by 7 af.firmative'vo,tes. Adjournment There being no further',business to come ; before the Council., the .meeting was ad�. journed -at 10;50 o'clock p.m. to an ;ex:- ecutive session. Attes . City Clerk