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HomeMy WebLinkAboutMinutes 10/19/1970129 6 MINUTES OF .MEETING . OF CITY COUNCIL PETALUMA, CALIFORNIA October 19, 1970 Council Meeting Attendance Invocation C 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, Cavanagh,.Jr., Mattei, and Mayor'Putnam. Ab.sent:. Councilman Brunner. The invocation was given by.the Reverend Fred Rusk, First Presbyterian Church. Approval of Minutes The minutes of October 5, 1970 and.October 13, 1970 were approved as recorded. Fire Pumper Notice to bidders. regarding the ..subject Equipment equipment was duly published Fire 'Chief Benton reported that thr.ee,quali,fying' bids'were received at the bid opening October 8, 1970: Name Amount Albro Fire Equipment,Co., (By Items L..N..Curtis & Sons for all bids.). Western Fire Equipment Co. . *Halprin Supply Co. *Wardlaw Fire Equipment.Co. * Unqualified bids as,no bonds_or check deposits were submitted with the bid. Fire'Chie Benton recommended-that the. equipment be divided between.-the two lowest bidders follows: Western Fire Equipment - .$1,836:60 L. Curtis ,& Sons - $1,917.82 City Attorney,Robert stated that legis lation is not required as each bid is under $3 .limit.' A. motion was' made by Councilman Cavanagh, Jr., and seconded by. Councilman Joe:rger,, to.award - fire pumper.equipment as recom- mended. Motion carried unanimously. Purchase of Notice.to:bidders for purchase.of liquid tiqui'd- Chlorine chlorine,was duly published. Report, Res. 5592 N . C S . darted October 19, 1970 from- Purehasi.ng Officer John D. Nolan of bid'opening•on October -15, 1970, submitted and filed. 70 Mr. Nolan stated that the.following three bids. were received:' Name 150 lb . , cyl 1 .ton cy Georgia,- Pacific $ .117 $ .0620 Jones Chemical Co. .14 .069 Continental_Chemical .145 :0648 \ �k a� October 19, 1970 Purchase of - Mr. Nolan recommended accepting the low Liquid Chlorine bid submitted by Georgia •Pacific;.'where- Res: • #559.2 N.C.S. upon,- Resol.ution'Number, 5592 N,.C. award- (continued) ing contract -for purchase of liquid chlorine for.the. City.of was introduced..by Councilman-Bra nerd, seconded by Councilman Mattei, and adopted by six affirmative votes, one absentee.. City of Petaluma City of •P.eta -luma Financial- Statements Audit and Auditor's Report dated June' 30, 1970 prepared by Wadsworth., Smith;...Mohrman and Dado,'submitted and filed.. Mr..Delos Smith appeared before the. - Counc . 1 -and offered to discuss the audit with-the Council at any future date. City Manager Robert Meyer was asked to arrange a session to review the report with-the Auditor. Car Parade Letter,. -dated September. 21,,1970 from Res. # 5593 N . C� SS. Michael", Gonzalez, Vice- Principal ,. St . Vincent High School, requesting permis- sion to. conduct a car 'parade Saturday, October 24 1.970, read and filed. Report dated October.16; 1970 from Acting Chief. of Police Henry Eslick,outlining. the, route,'of the. :parade,, approving the event, and recoiamending that 'the. Petaluma City "Council grant a permit, read.and filed. - Resolution Number 5 5 9 3 N.C.S. con,s.enting to a car parade to be held-on October 24, 1970 was-introduced by Councilman . Joerger, seconded by Councilman Cavanagh, ..Jr and adopted.by six af'f-irmative votes, one absentee. Bicycle Rally. -. Letter, dated October.l,'1.970 from Res. = #5594 N.-O.S. J J. Hayes Hunter, of Student. _Director Activities., Petaluma,'Junior School, requesting permission to conduct a bi- cycle rally :for Petaluma `and Kenilworth . Junior High Schools October 2,2, 1970, ` read and filed. Report dated October-13, 1970 =from Acting Chief of Police Henry Esl,ick outlining the route .o >f the parade, stating,the use of Walnut Park has been. cleared with'the Director of Parks and Recreation Richard Shollenberger and the event has been cleared by the Traffic Committee, giving his approval of the parade,.and recommending th& Council issue a. permit authorizing ..the rally, . read and . filed. Resolution 5594 N.C . : ,S,. consen ing to a bicycle parade and rally to be held on October_ '22, 19:7.0 was introduced by.Councilman Joerger seconded.by• Cavanagh,.Jr., and adopted by six aff'irmatve.votes, one absentee. ABC Copy of -application filed with Alcholic Beverage.Control for Off - s'ale beer Wand wine, License by James A. & Josephine Ag.uila, Loren4zo Bichi, and Gr.asano Peroz :zi for Grasiano Gormet - at 1.17 North _ McDowell Boulevard,.approved by the Acting Chie,f'of Police; Building Inspec.- tor.and Health Officer,'read and filed. 131: October .19, 1970 Letter dated October 16,.1970-from Robert Koeni't;zer�res!igning from the Planning Com- m 'S'SI -,qn, read.� filed. The .City Attorney 4wa directed to prepare an .- appropriate resoii t orr :of• commendation -and appreciation as -well as for Carol Brandner, recently retired.from the Recreation, Music,.:and - Parks Commission. The ..City'Attorney was asked,to: check the records and present a similar resolution for those who -have retired and have not been.duly recognized. Robert Ko,enitzer Resignation Planning.- Commission Brianwood Annexation Re- solution: 167 of ' the Sonoma County.Local Agency Formation Commision. makin,g.:determinations,, modifying, and conditionally approv,ing.as modified the,prop,osed annexation of territory designated as, "Br,ianwood Annexation . to the .City of Petaluma "'.. read and filed. _ .Planning.. Director McGivern showed 'a map of the proposed'.,annexation and surrounding -area for Council infor- mation. He.then read a communication directed to Local ,Agency Foxmati'n Commission'-from-C. Lawrence Andrew;,, Executive Officer of the Commission; regarding ding the ,propos6d, annexation and the .conditions involved., General discussion -with the.Planning: Direc:tor-. :Director of Public Works' followed on the required street improve- ments. in.connection.with the annexation and future plans `for the residential, and ar:teriah streets in the immediate area well. -as proposed improvement to State: Highway 116 (Lakeville Highway). Manager ',Robert Meyer pointed out that the developer of Brrianwood- .Annexation indicated,.at a recent _Council Meeting these., would be noprob.lem with•the.cost involved to improve the one-half street width portion fronting the Petaluma High School Site on' Casa Grande Road opposite t pr.op.osed annexation area, since County pa= rt- icipation is doubtful if the area..:isl annexed -prior to development o the school•. Because of the unanswered questions concerning street development and - ltra - ffic movement in the-area, school problems.invo:l.ving the Petaluma High School- . and,01,d Adobe School Districts,. parks and.op6n space and..related'matters, it wa , propo's;ed that , facts and figures be assembled,.-for information when consid- ered by:the:-Council. City. Attorney Robert also, noted that one. of the .conditions of •LAFCO s approval requires completed annexation proceedings af *Larwin - Annexation (Petaluma Annexation 70-2 'to the.proposed annexa- tion)-.--. that.said annexation has - not _from the Secretary .of State and actually.-is.not complete.' He recom- .mended..delaying.action on the subject annexat-ion.until completion of Larwin Annexation;. •.i A- motion was then made.. by 132 October. 19 , . 19 -7, 0 ®�� Brianwood'Annexation 5 / (continued) Councilman Mattei and.seconded by Counc>il- man-�Joerger t•abling action on the s.ubje,ct annexation until the Council meeting,of .,November. 1.6, 1970: Motion carried`unani. mously..__' City: Attorney Robert, cla- rifled that 'tabling: action does not interfere', with gathering information for the meeting. a � City Hall Addition Resolution .Number 30739 of :the Board..- of Supervisors of Sonoma County approv ing- ,plans-_and- :specifications_ for. cons.truc- . tion .of the.County portion of- ,the .Pe.tal.uma City Hall, read and filed. Councilman Cavanagh, _Jr °stated that the .Civic Center Commitaee,wil.l, finalize its work on the - City..'.s. portion of the City Hall. addition for.pres;entation to the Council on Novem- ber :2,• 19.70.-__ - Agenda A- motion was made by Councilman Brainerd and 'seconded by Councilman Mattei to the: following. three items co'nsidera- , tion at- this. :time "Petaluma Sr. - St. Vincent Bicycle Parade ,and.. Rally. Obs'ervanc.e , the 25th Anniversary of` : United-Nations- Extension.of time request from Rosendin Electric Company. Motion , carr.'ied .unanimously. (s Parade Letter dated October 19, 1970 from Gerald Bicycle `� Ray-- Res.. V 55.9:5 N_C.S. Dadey, Vice Principal ,, 'Petaluma Senior , High. 'S:c'ho.oa requesting permission to con . duct, .a •,bi-cycle parade. and rally by the student - , bodies- of Petaluma Senior High School ' and•: St•.. Vincent De Paul High School on.Fr.iday,, October 2 1970,. read and',. - f fled.. Report dated October 19, L970 from Actin,g.Chie'f of Police Henry Es.l.ick. outl•i -ring the route to be used, clearing the ' us :e of Walnut Park -for holding o.f the rally :,with Park & Recreatiori' D. rector Richard Shollenber-.ger,, clearing. wit °h the; Traffic'Committee, giving approval. of the event .and - - recommending: that `the Council.* grant :a.•_p:ermit., read and failed. Resolu- tion :Number,.5.5'9 -5 N.C.S. .consenting , to a bicycle parade and rally and use of Walnut Park - for said rally to be held on October 23;' 197`0, was- ritroduced by Councilman Joerger, seconded.by Councilman.Cavanagh,- J.r : adopted by six -affirmative votes.; one. absentee.. United Nations Day— Mayor--Putnam_ stated that the subject Reso.- Res:. # 5596 N.C.S. lution'was. prepared at her .request for Council `_consideration., - She. added th°at:a letteri.dated'October.17, 1970 was received today - from,,th American Association of University Women'urging'thd Council to observe the - 25th Anniversary of the ,United : Nations. on UnIted Nations 'Day, 'October 2.4, . - by •public announcement. Said -- letter -was submitted ;and•files. Resolu- tion. Numb.er'5596 N.C.S'. commemorating October. 19•, 1970 United Nations. Day - the 25th Anniversary:of the Founding. Res. #55`96 N.C:S. of the United. Nations was ,introduced .by (continued)- Council-nan. Joerg.er, seconded by Council-' man.Bra'i -nerd, and adopted by six affirma- tive' votes, one•absentee. 13) 3 Extension of Time'- Leter dated.October 13, 1970 from Rosendin E. Washington St. Electric', Inc. requesting an extension,of `�1 Pay:ran St. Traffic. time for .completion of the subject project � Signal. Installation, because o.f.de.lay in the shipment of the Project GT10 -60 lighting. standards, read and filed. Reso- Res. #5597 N.C:S.• lution Number 5597 N.C.S. authorizing Rosen.din Electric Inc.. an extension of time within which to complete.the subject project was introduced by Councilman Mattei, seconded by Councilman Brainerd, and adopted by si.x aff- irmative votes, one.absentee. AB 23:_10' Letter dated October, 13, 1970 from Senator.-Randolph Collier .that `Assembly Bill 2310'relating'to the Conservation and Development. Agency of the Bay Area i was denied by the governmental, organization committee, read and - filed AB 560 Letter dated,October 9, 197 from Senator. Randolph Collier that Assembly _. Bill 560 relating to.Emergency- Prepareness was signed-into , law by the.Governor on September 19, 1970, read -and filed. Boat , Rescue Letter dated October 14, 1970 from Ray Elliott commending the Sea Scouts of- Petaluma :for attempting'to rescue his boat wh high and dry on the.Peta- luma River Bank on,,September. 17,,1970 saying that he was` proud of'these boys as well as the.City Council for allowing_ this sorts of program in the City; read. and filed. Mayor Putnam requested the C "ity Clerk.to send a copy of this letter .to the Sea Scouts of Petaluma. Claims and Bills .Resolution Number 5598 N.C,S. approving Res. # 5598 .N.C.S. Claims and- Bills Nos..1.308 to '1423 inclu- sive•.and Nos. 246 to 279 . inclusive approved:,for. payment by the -City Manager .was introduced by Councilman Brainerd, seconded •by ,.Councilman Matted , and adopted•.by s;x affirmative votes, one absentee.. Award to - Director Mr.•.Haro,l d•Alexander, Director of the of 'Fublic , .Wor.ks So'n`oma- Meridocino Area Council Boy Scouts. David A. Young ;of America.;. , presented Director of_'Public Works David.Young with a plaque honoring his .work •in ..the City Fund Drive for,. the . Boy Scouts over the past. three years -. _.On behah'f 'of the Council, Mayor". Putnam congratulated Mr.'Young for his contri- bution,to:Ithe. boys of the community. NWP Swing Bridges Regarding U= .S Coast Guard Public Notice Across Petaluma Number 12 =3 - "Proposed change in special liq River operating regulations for the Northwestern Tacific Railroad Swing .Bridges across -the, Petaluma.. Creek at '-Black . Point : and .Haystack _Landing,•California "c Councilman Cavanagh, Jr., reported that in addition to Council 134 October 19 „, 1970 NWP .Swing- Brldge;s,,_; :, action to be. taken on the, subject matter, Across.Petaluma the Cal fornia,Marine P-arks�and.Harbors River Association and Mr. Charles Weaver -oaf; the (continued) Sausalito Yacht Club, interested, in - the annual Predicted Log Race,are writing letters.. n opposition .to the . change: City'Manager Robert Meyer added that''the Pres`ident.o.f..the•Board_.of 'Directors• of- the,.Chamber -of 'Commerce also has. been. directed to send a letter o,ppos`ng the chang&.. Following a - br.ief d scusrs.ion a.mo.tion,was made by Councilman Cavanagh, Jr.., seconded by Councilman ,Battaglia, - -directing the City 'Manager, City Clerk., .and Councilman Cavanagh, Jr., draft and direct a letter strongly objecting to the. change, .proposed in Public Notice 1.2- 32,:.becaus,e.of the effect on recreation, industry, commerce, and wildlife. Motion carried - unanimously. Study Session:- _In answer City Robert Meyer, the,Councilc to hold study on.Novemb.er.9, 1970 and Novmeber 23, 1970 , as - follows •. November. 9 _ "'A” Street Ranki -ng November 23 E Washington St - Ho.pper. - _. st... , to Freeway- 01: Plan , Lines:. Finance Com m.ittee'.s Report on Utility Tax and• 'Property Tax: Police Chief,- City.Manag.er Robert Meyer :reported that Larry Higgins_ Police.,Chief Larry Higgins will be grade- ating•from the F.B.I. National - Academy in Washington -D.C. 'on October 2 8. , 1970 and - that an appropriate telegram of congratu:- lations.will be sent,to him. Coordi-nated.Reg•onal.- Director of Public Works' Young,gave Water Quality.Control a_pr-ogress the State'Regional Program Water Control Board's require' -. =ment for.. the development of a Coord'iriated . Sub- Regional'Water Quality- Program. He..'refer.red_.to a letter directed, to him from- Fred H,., Dierker, :Executive Di rector of the State_Regioftal Water�.Qu lity Control Board-, which included amended revised require- -ments :.for . °waste •d's'ch'a -r -ge by ,Sanitary , District #6 of ,Marie County; adopted by the Regional- Board . -; it irieeting on September!..214, 1970, �call.ing. attention to a certain notification - "`The Regional Board does -not consider the pr.opos'ed, discharge to San Pablo Bay to be satisfactory for 'long -mange waste dis- po :sal 'andp.required, the District- adja - cent Sewerage:Agencies (Las Gallinas,Valley Sanitary District., City.of..Petaluma., `- - Sonoma Valley . County- Sanitary D;istrict., and Hamilton. Air Force Base)•.to develop a. coordinated Sub - Regional 'Water Quality-', Control.Pro.gram consistent'with the'. general concepts of Phase I of the Plan recommended -by the•.Final.Bay - De'lta Program ;Report•." . The Board requested that,, a statement of intention.concerning the requirement'be submitted-by October, 12, 197.0 so that..the.matter can be considered at the Regional Board's meeting on''October, 2.2 - -, 197 Copy of letter, 'submitted and filed. 13 5. October 19 1970 Coordinated Regional. Mr. Young answer.indicated that the Peta- �. Water �Qual•ity Control luma - City -•Council' and Boards of :the 'Adj a- g2Lr Program cent ` Sewerage- Agencies - concerned wilh,be (continued) getting to"ge.ther to conside,r'the Board's requirements.f'r.the development of a. Coordinated-Sub- Regional Water Quality Control Program consistent.with the general concepts of Phase I of the Plan recommended by'the Final Bay -Delta Report.. Copy of letter submitted and filed. Mr..Young- pointed out that this affects the City of Petaluma's application with-the Federal Government for PL660 Funds,-which application was recommended by Yoder's Addendum to.the Master Plan: After some'. discussion and upon .consensus, .of Council.,'Mayor Putnam d'ire'cted' Mr.'.Young to keep in contact with the staff the.Sanitary District - No.6 of Ma County to work, toward the. idea of the various the.sewerage entities concerned by developing details for a Coordinated Regional Water Quality Control Program consistent with the general. con- cepts.of Phase I of.the Plan recommended by .the F•inal--Bay- Delta Plan Program Report. Mr. Young explained that at the October, 22; 1970 Regional Board Meeting-adoption will%be•considered for a firm time schedule with regard' to Sanitary District' No. 6 of Marin- County complying with its "Cease and Desist Order ", - and contained• =in that time schedule is a_requiremen -t that said District is to submit, a time schedule for development•.of•the Sub - Regional Planning Program-by 'January 1, 1971: Mr - Young• also • requested . the Council. 'clarify its' „as.to the usage of the lagoon on the Gerwick.Property. He reminded the Council that the Yoder Report,recommerided that.the City secure a 5 =year lease on the property and that the Federal Water Pollution-,Control Admin- istratiori had requested last March that the City control the land where the sludge is disposed of on the'- Gerwick Property. With Council consensus, the Mayor,.directed Mr. Young enter into negotiations with the-Gerwick-Company with regard to the lease or purchase of the property for the lagoon. State Regional Mayor.Putnam that the Water- Water Quality front'Commttee, together with-the S Control Board re staff the proposed Resolution Waste Discharge pursuant State Regional Water From "Vessels Qua tro.l Board's letter of Res.. #5599 N.C.S.- Sept'ember.A 1970 requesting. steps to T be taken ­to adopt and .enforce regula- tions°'for dockside sewers to receive waste direct .from vessel- holding tanks, and such information to be forwarded by October 15, 1970. Mayor Putnam• - stat , ed that a letter-.was forwarded 136 October: 19, ,1970 State Regional Water Quality Control Boar..d re Waste Discharge From Vessels Res. #5599.N.C.S. (continued) 3� League of-California Cities Annual Confer- ence Planning 'Commission Member Substitution to the Regional Board-on October,9,,'. 1970 with a copy of the proposed.resolu- tion indicating that the resol,ution wi'll be presented -to the full Council on .October 19, .1970 .with -, the recommendation that it be adopted. The proposed Resolution was reviewed by the Council and with the.coisent of the introducing and seconding.Counci_ -'. men.,, the word "adopted" on line two, page two was ,changed to "endorsed,lin princ,i - -. ple;" . The Re,gional..Board further.reque_sted in.its letter the following request. 0l , at..your reply include the schedule of. ;.steps to be taken to pro - vide.dockside.sewers berthing and launching facilities which you own "... It%was agreed.by the Council that the City will be able •to provide a empty-ing,facility at the Launching Ramp.and,,a.•,dockside' sewer connection at the Western Avenue Float within 120_ days after- the State ,Legis'la'ture pas es a law it manditory � •for. water 'craf't. to .install sewage holding tanks.'. The City Engineer and City Clerk'were directed -to .dr'aft and .forward . a letter to the Regional' Board .enclo,sing . a. cor -. rected.- c•opy..of the Policy Re_ solution and 'including the Council',.§ decision. on the - day time limit for .pro.viding dockside Resolution of-- Policy'�Number•5599 N.C.S. with - .regard- to.the.use of the Petaluma River. was .introduced by Councilman, Battaglia, seconded by Councilman Mattei, and.adopae.d by six.affirmative votes, one, a.bseri -tee Mayor = Putnam announced that the•Leaaue. of. California_.'Cities Annual Conference will.: held in San Diego,. October 25 - 28, 19.70.__ . She - referred to several, resolutions that'will be at.the-Conference. Council man,Mattei refferred to recent . legislation, increasing, the - Planning Commission,to eight members in order to• form:-'a three member Board of Zoning. Adjustments -: . 'He requested_ clarif- ication of policy on subs- titution of members at- -Planni -ng Commi,ssi,on,.meetings by,,BZA ,members. -when a vacancy is created. He also questioned whether or no't such a ,procedute is, •allowed,for the Council representative on the Comm- ss`on. The City Attorney was directed to research the matter. and } review the. rules and regula:ti on,s for a report to the Council, the:reori _ .. Sun Terrace :Park City Planni.ng.:Commission Resolution Number 17 -:7,0 approving tentative map of.Sun`Terrace Park Planned, Unt.Develop- ment Clocated on the northwestern corner of Ely Boulevard and East Washinaton.Street), submitted and-filed. October 19 17 Amend Zoning _ City Planning Commission Resolution Ordinance re Number '22' -70 .recommending .to- th , City Fences Council.amendment to Zoning•."Ordinance Number -, 6.62.N.C..S: to amend Section 2=204& to regulate fences, walls and hedges :and to delete Section 2 -503, submitted and oiled'._ ' The matter ,was referred to the November 23., 1970 study session. Sonoma Vista_ Planning Commission Resolution Number Subdivision #3 24 -70 approving an extension of'time within- which to file final maps,of the. remain .ing portions of Sonoma Vista #3 (located South McDowell Boulevard near Casa Grande Road), submitted and filed. Monarch - Pacific Planning Commission Resolution Number Units 8,9,10 25 -70 approving tentative map of monarch- Revision #2 Paci.fi -c Units 8, 9, 10, Revision Number 2 Cloc,ated bewteen South McDowell Boule- vard.and 'Lakeville Highway-near Casa Grande Road), submitted and .filed. Agenda re - It decided-by the Council that tenta= Tentative °Maps give. •map ' r.es'olutions not be. as an. item. on the-. Agenda but'i sent to the Council with general -mail on Friday and.that._all•supporting sketches reports, etc: ,...accompany the resolu Edon. . Pre - Zoning Area Planning Commission Resolution Number Proposed Petaluma Z10 -70 recommendi -ng the adoption of Annexation proposed..amendment to Zoning Ordinance Ord. #1003 N.0 - .S. Number-. 662 ,N.C.'S. ­ by prezoning ,Assessor's. Parcel Number 17 -03 -16 from an "A" (Agricultural) Zone to an R -M -1500 Mobi`lehome:.:Park.Zone to become effective upon annexation to the City (area. bounded'by Casa Grande Road, Old Lake- ville . , and .State Highway • 116 ) and.Asse'ssor`s Parcel Number 17 -04 -11 from an ( Zone to an R -1 =6,000 Zone, submitted and filed. In.response Mr. Don Petro's inquiry, Planning Director McGivern explained the.reason for.the prezoning application. At this time?Mr. Arthur La.franchi, representing Arthur Condiotti of'McDowell Investment'Company,, whose application for. Park Zoning of a 28 -acre parcel: on North McDowell Boulevard - was - .denied by. the Planning. Commission, addressed the Council. Mr. Lafranchi pointed.out.the similarities of the two parcels, but that the Planning' Commission did not approve his client's application.. - He requested.the ,Council to hear both..:applications together. After' a:: short:..discussion, the . Council .decided to adoption of the subject' ordinan'ce_bn 16, 1970.; whereupon, Ordinance .N,umb'er 10 N.C. amending the' Number 662 N.C.S. as, recommended, was introduc.e.d.by Council - man, Bat °tagl -;ia , z.econded " by, Councilman Matte.; and order 'published by. six - affirmative-'votes, one absentee.. �j J October .1.9, 1970 Rezoning Area - Denman Annexation. No. 5 Planning Commission Resolution-Number Z1.1 -.70 'recommending. the adoption .of- .propos:ed amendment to Zoning Ordinance,', .Number..662_..N:aC,. S . by reclassifying Assessor's .Parceh...N.umber,..136- 110 =12 from an' "A" (.Agricultura•1)' Zone to an R -M -1500 Mob,ilehome Park Zone.- (28.03 acres -loc'ated adjacent to.Candlewood Mobilehome Park. .on North.. McDowell Boulevard) was :DEFEATED,, _ submitted :and :filed., ..Appeal .dated.;O.ctober 14, ,1970 from Arthur- Condiot i of 'Planning 'Commission October .6., 197.0 action . denying rezon- ing application,.submitted and The.appeal.'se.t forth the following reasons: "The--constituted body hearing the,matter was. impr-op'erly impaneled and 'made no findings: both pro'c'edures are il.l`eg:al ,, and factually the appellants-. petition conforms with all ordinance requirement, s.=and particularly meets;. 'policy :guide;lines set down. in- Resolution. Number. 5351..• N . C . S . and Planning. Comm ; iss d:on: Resolution ,Number ' 30 -79; and,.. therefore the Commission had no reasonable` :bass '•for denial of re- zoning. Mr,,Lafranchi again urged' the Council to -consider the ,pr.eceding . prezoning ,, application and his client's rezoning application at the same- hearing to receive the same- treatment. He explained-'that-,a substitution of.tempor- ary_ vacancy-was made. on the. Planning. Commission..a,t the -time the subject application was heard;. thereby, the panel, ..of :members hearring the , two applications at the same meeting. ,were -not alike. He con tended.this procedure was invalid -. Ci.t.y . Atto -rney 'Robert, pointed 'out that - no,legislatibn was prepared-.for the subject r.e'.zon-ng,,however the Council, has. the .authority to modify - any Plan- - ning action., Councilman Mattei.requested record to show that he did.' not `baring up the matter of substi'tution.on.the Planning.Commission as•' a� q.uestion- of modification "b 4t as a. matter of policy. Consideration Mr. Lafr;anchi's request foll64,ed,and the City Attorney was dire prepare an ordinance to ; rem zone the, subj °,ect•parcel for introduction. 'at the :'November 2, .1970 , Counc Meeting A poll to hear the appeal .on November 2;;,:1970 was approved by the - following Vote,:. ::AYES; Councilmen Brainerd,, Joerger,. Mattei•'and Mayor Putnam. NOES : - ._Coundilmen Battaglia and Cavanagh, Jr. ABSENT: Councilman Brunner. - 1@ October 19, 1970 Rezoning Area - It..was.noted. by the City Attorney -that, Denman Annexation after:. introduction of this• .ordin -;, g �� No. 5 ance a:t the:: meeting of 'November -2, 197 - 0 (continued) it will * then -be considered for adoption on November 16,, 1970, the'same date that",Ordinance Number 1003 N.C.S. will be..considered. Valley 'Green Report., , dated , : October - 8, 1970, from Subdivision• #1, Director; - o'f Public Works David Young Res:. #5600 N.C.S. certifying to the completion of public improvements in the subject subdivision with certain provisions and recommending acceptance - - said improvements, submitted anal. flied. Resolution Number 5600' N:C.S accepting completion of work required in .Green Subdivision Unit #1 was introduced .by.Councilman.,Brainerd, seconded: by' Councilman Cavanagh, Jr., and-adopted by six affirmative votes, one.absenteo. Meadowlark--Meadows- Report, dated October 15,,1970 from subdivision _Director of Public Works David Young Res. #560.1'N:C.S. ,certifying to .the public .improvements, -in the subject subdivision with -ce ,tain.provsions.and recommending acceptanceof.said improvements, read and filed: ..Resolution - .Number 5601 N.C.S accepting - 'completion of work required -in Meadowlark�'. .Subdivision was introduced by-Councilman Mattei,.seconded. by..Councilman..Brainerd and adopted by six affirmative votes, one absentee. Fire Station #1 Certificate of substantial completion Addition .and of Fire Station: #1 Addition and Altera- U p® f Alterations tibns.performed by.Colombini Construction Res. #5602N.C:S. Co.,, submitted and filed: Mr: Richard .Li'eb,,.I.Architect,. appeared before the ,Council : and explained -thee one , item not completed; whereupon, Resolution Number 560.2 N.C;:S.. accepting substantial com - pletion of . the.subject project was.. introduce,d,.by Councilman Joerger,-seconded by- :Councilman and adopted by six affirmative votes, one absentee.. Recess - declared at i0 : 30 • o.' clock -p . m:. , and,. the : meeting !reconvened at 10:35 o'clock - p.:m.. . Fire ,Station. #3 Plans. and. specifications for , the subject Res: #5603 N.C.S.-. project - prepared ,by - Lieb & Quaresma, Arc hitects,..submitted and filed. Mr. Richard• Lieb presented and discussed in detail.:.the_.fnal plans of-the facility. He:.pointed out .the particular - features with ,regar.d!.to the exterior design,-future expansion - ,.:.equipment,_ devices, controls, etc.. : In, ,response to a , ,question from- the audience., Fire Chief Benton stated that no,-ambulince...will be stationed_ at this facility. Resolution Number-6503 N.C.S. ap,pro -ng! :plans and specifications entitled - "Fire #3 ", and authorizing the C ' advertise • for bid's for the work, was:ifttroduced by Councilman Brainerd, seconded- by•Councilman Cavanagh, Jr., and adopted by six affirmative votes, one absentee: 140 o f �j Oil/ October:..19 V 1970. Uc_7 =' Rezoning - The.subject, rezoning is consideration, 833-Petaluma of Ordinance Number 998 N.C'.S. ordered B No amended; a.t. the October- 19, Council Ord. # 9.98 N . C . S . ; meeting. in. accordance with' s,taf f ' recom- as Amended mendation.....:.. ( second ' reading) _ .. Planning.Dire.cto.r William McGivern dis,played a_map of the.area showing that the, :a•ong: portion - fronting 'Petaluma Bbul as remaining in a..0 -S :Zone.. c, Mr , LeRoy Lounibos representing ' the :property.owners, opposing the - rezoning'. _applicat•on,.rap:p6ared before,.thd. Council 'and _summarized the reasons. for the strong • as .presented at, the last Counc,,l meeting, ,..: ..requested - .Council cons dera — Lion _to'!.deny :st-.he rezoning application. Mr,.. ;David�_.Traversi7j Attorney - .representing. . the. C -.' &.: S..: Enterprises , 'developer of the pr.o,posed,mu�l.tiple family complex, reviewed.;. varioua:';po.int:s.- regarding the development' as dis , .cus.sbd.:!a,t the last -hearing:. Mr. Paul Campi of C S Enterprises.-also, spoke -i,in. support of the .application. :Upon ',conclus±on of hearing the, facts, ordinance•Number. 998 N.C.S.; as Amended, amending Ordinarice._Number 662 N.C.S.;...by reabning a portion .of Asse'ssor's* P.arbel Number 6 -041 -4 - and a port_ion•:of:6- 041 -27 from a C -S (Service Commericah) Zone or. 'District *to an R - -M- - 150.0,- (Multi - Family) Zone or --Distr,ict, was introduced, :Councilman Brunner,, seconded by_Couneilman:Mattei, and adopted,by five of f:rmative 'votes , .one .absention, and ..one absentee. Counc;i:lman Joerg.er abstained ,and •stated that .he owns, on .:e . . Iot and two homes -in the . area. ' Acquisition of .Upon._Councilman Mattei's request, Land - E. Washington Director.of,.Public Works David Young St.. Impr.ovements explained = .the;,reason for the proposal' Ord: #999. :•N.0 - S. -to extend the. traffic lanes through. (Second Reading) the Hopp.e:r::Street = East Washington Street Intersection,.' Councilman•'Mattei ex= pressed_ coftce`rn' of the high cost of the r-igYit- of- way_:acquis-ition .involved, particularly with regard to the purchase of. Tivoli - .Hotel- property. He felt. that_the;:'.ma.j0r portion .of gas. tax funds-would.: then. be 'committed - for the p and a Small portion would be = available .for the many, other needs around the ` City. � He . suggested re,stud:y- . ing,the.entire matter: U.pon.concl:usion of_the.discussion,' >l a11 Ordinance :Number 999 N .•C . S . authori.z -in g ?.. the_:acquis :ition of land for the East; _ Washington Street. improveinen;ts,, was introduced. by: Councilman Brainerd, se' conded :•by_,.Councilman.Joerger, and- ` adopted by- the. following ; vote: AYES: Councilmen Battaglia„ Brainerd,' Joerger,,-and Mayor Putnam NOES.: • . Councilman ;Matte,i - ABS.TAINING: Councilman Cavanagh, Jx . ABSENT: ".:.Councilman - Brunner 1 1 October L9.,­,1970 Acquisition of Land' E.• Washington St Improvements Ord. 4999 N.C.S. (Second Reading). (continued) Animal Control Ordinance - Ord. #1000 N.C.S (Second Reading) Transie.nt.Occupancy. Tax Ord. #1001 N.C..S (Seconds Reading) Acquisition of Property - Water Pump Station Ord. #1002 N.C.S. Leas e.- _Lafferty Ranch Policy re Annexation (r.e. LAFCO) E. Washington St.. Interchange Recon- struction' 1 -41 Co:unci lmdn .-Cava-nagh , Jr., stated . that he - is-involved - wi -th property in the area also supports Councilman Mattei'.s: comments . Ordinance amending, Chapter 4-of the.Petaluma City.Code of 1958 by amending ; Sections 4.29, 4.32 4..36 4:38 , .4 .4.4 and adding Section 4.47 to establish fees.and charges with respect to animals kept or served by-the pound, to establish license fees, to.establish a minimum fine.; .. was _`intro.duced ' by Councilman Brunner, seconded. Councilman'Cavanagh, Jr., and adopted .by_six - affirmative votes, one- absentee In response to7 Victor DeCarli, Finance' Director.Cecil Ge'alta explained the deletion's.of-certain exemptions from the ..tax; - ,whereupon., . Ordinance- Number 1001�_N.C:.S.' amending Chapter 23, Article 3,,.- Sections- 23.15'• and 23:16. of the Petaluma City.Code of 1958 to.establish- Transient Occupancy Tax at 5 percent . and.:to delete. certain exemptions from the said'..tax, was introduced by Council- man -- Joerger,; : seconded by Councilman Cavanaghr � Jr . ," and adopted by six affirma- tive votes:, one absentee. Ordinance. Number.1002 N. authorizing the.acqu- is-tion.of certain property for the:purp,ose of construction'the.reon of a',water pump,. station site (Magnolia ,Avenue) was by Councilman Brainerd, seconded.,by.Councilman Matte: and adopted by six.-affirmative votes,.one absentee: Resolution:Number 5604 N.C.S;. the., of a lease on the "Lafferty Ranch " Frank and .Freda Beff_.a and authorizing the Petaluma School to use the.premises, for environmental studies by Councilman Brainerd- ,_'.seconded by Councilman Mattei and. }ado.pted. six affirmative votes one. ,absentee Resolution of Policy 5605 N.C.S. reg:arding:an_nexation, was introduced by . Co ,uncilman , ,•Mattei,''seconded - by Counc:lman.'Brainerd, and adopted by six: a:f:firma.t.ive votes; one absentee Di'scuas ±on_ was' held on the .statement to 4 ,is F be_.forwarded- -to the State Division of Highways regarding the City's position c once rni:ng-..the-° reconstruction , of the. Ea sit - WashiiYgton Street Interchange as �exprea:s'ed gat ithe. public 'hearing, held r by the S,trate on October 7, 1970 Upon conclusion .of the deliberation, the C it ;.Kttorriey and City. Engineer were 142 J/ ?� Octo'.b,er 19-f. 1970 E. Washington St. directed to develop a statement ndica•ting g e Recon- City's-firm. of immediate. struction the rgency in.the matter of. the subject _ (continued) reconstruction.:.. The City Manager was also :.a•sked to ;ascertain whether the. statement.- ,should be filed earlier than. the -30, -day. _per,iod after the public:_ : . hearing date land also .whether the st °ate- ffent •would. be - -more effective'. in `letter or resolution:.form. With : this - inf_orma•- t-ion,•t�he.staff: was,,directed to proceed accor6ingly.L. Mr . !.Lafra nchi.: spoke to - : the" Council regarding held .at the c ambe °r.of. Directors" meeting: - and :that a statement will; be cons der.ed: at :its meeting. on- November 2 j , - 1970t. Speaking 'as 11 an .individual and - the - Chamber, Mr. Lafranchi •'urged unanimity ,between the . schools , Chamber, of_Commerce, and,the City. Mr. :Young and Mr :, I Robert. were asked to coordinat''e , the matter'-with- schools and, the ,Chamber of - Commerce ..-r:City Manager. Robert ' Meye:r . suggested., that_ the . statement include the fact that: . 'State Highway .Commi'ssion consider: - both 1 and Phase .2 of the project -as. priority Number'1 for Sonoma :. County:. � . Letter :dated..October 1.9, •1970 from Donald P. , Petro,: Vice -Pre sident,,. -East •P.etaluma Civic. SSociation , stating 'that the A Association went on record-with the: Calif- orna Division of..Hig.hways in-'supp'ort., . of-reconstruction of the East'Washingto.n Street with certain....reservations, - and reservation relates to the, pedestrian over crossing:;'•therefore,.in connection with this,- _he_•asked: the Council -- .consider reques'ting Division .of Highways to ma ke the - overcross.ing apart .of .Phase I of the project-,. The letter was: ;= referred to Mr. Young for incorpo,ra= tionr -in. documenting the City's position. SCA 18 Re: Senator Collier's letter of August: 28, opposition to Sena "te Cons:titutiona - 1 Amendment , 18 , proposing to- amend Article XXVI of the Consti:tutio_n which gasoline tax funds from diversion to other than highway purposes. Councilman_ Jr. informed the, Council_:tha:t at 'a recent ABAG-.Executive Meeting,,_ ho'l-: action was t°dken and -the, matter-.was,- tabled,. ' Councilman Joer.ger read portion,of a letter from th:e Stater Chamber of Commerce opposing . they proposal .. It ,was noted that the League of :,C:ali•forni.a Cities supported the: amendment.-.. -' Concern was.,expressed that:' support, of the measure :would, affect or :f.urther. -delay construction of the East Was•hIngton:. Street Overcrossing: After, �a_ - brief: -discuss.ion , a.. motion was . Made'by..Counci.lman Cavanagh; Jr' seconded by Councilman Joerger. opposing .-SCA 18 on the 197.0 ballot. Motion was-adopted 1 October 19, 1970 SCA 1.8' (continued) 5I Proposition #1 Wiekersham-Park Lighting Annexation Fees Commis' +sion Appointments Adjournment by.the.following.vote:- AYES Councilmen Brainerd,, Cavanagh, Jr., Joerger, and Mattei. NOES:. Councilman Battaglia and Mayor ;Putnam. ABSENT: Councilman Brunner. Mayor•Put am qualified her "no" vote by stating that she,felt this measure would provide a chance at local level to give opportunity at.least to a.limited amount of funds'for local considerations. She added that she would like to feel that as .State Highway .Commission; . reviews the .City's needs, it will-act on the merit of the needs. The.City Clerk.was directed to.notify Senator Collier of�the Council's action A.mot -ion was made by Councilman Joerger, seconded by Councilman Cavanagh,'Jr., supporting Proposition #1 on the Novem- ber.ballot. Motion carried by six aff.irma.tive vote -s, °one absentee. .City-Manager Robe -rt Meyer was asked to review the matter of the lighting at Wickersham Park. There was no. consideration of annex - ation fees - requested by Councilman Brunner. No action was taken on Commission appointments. There,being no further business-to come before the'Council, the meeting,,was. adjourned at 12:20 o.'.c.lock ao:m ;- .'Octo- . ber 20 - , 1970, town executive session. Mayor Attest City Clerk f