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HomeMy WebLinkAboutMinutes 05/17/1971287 MINUTES OF:MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA- May 17, 1971 Council Meeting Regular meeting of the Council,of the City of Petaluma called to order by Mayor Putnam at the hour of 7:30 o'clock p.m. Attendance Present: Councilmen Battaglia, Brainerd, Brunner, Cavanagh, Jr., Daly, Mattei,'and Mayor Putnam. Absent:. None. Invocation The invocation was given by the Reverend Henry Rankin, Two Rock Valley.Pr,es °byterian Church. Approval of Minutes The minutes of May 3, 1971, were approved as recorded. Appeal - Broken Appeal, dated April.26, 1971, from Mr, Sewer Lateral: Smilen ..Grioff, 944 "B" Street, 944 "B "'- Street sewer line is.broken,two to three feet from the main sewer in,the street and that he believes. it is the City's responsibility to fix it since it is not in his property .and because the traffic has broken,it, read and filed. City Manager Robert Meyer stated the City's`policy regarding sewer'lines: The property owner is res- ponsible.for the lateral from.the main sewer line.to the .property line and the City is responsible for the.main sewer line. He further stated that the.City conducted a program last summer'to'smoke test the sanitary sewer system in or- der,to locate-storm water infiltration into the sewage system.* He summarized. the statistical results of the.test which indicated that.393 notices of_vib'latioh were sent. out to. property owners. for *cor- rection .by -necessary repairs; 'and th6s'e involving sewers (some involved roof drains) were repaired.according to the existing City policy.. Mr. Grioff was present and.objected to. the City' s policy of the property owner maintaining the lateral in the street to the.main,line, and believed that.the policy should be changed. By general consensus the Council upheld the City's . policy and.denied Mr. Grioff's appeal. The City Clerk was directed to confirm the Council.'s action by letter to Mr. Grioff. Youth Rally,-, Letter, dated May 10, 1971, from Nanette �33 Walnut Park Hendershot,..for Yo.uth.Rally Committee, Res. #5742 N.C.S.- requesting the us.e.of- Walnut Park for a Youth Rally-on Saturday, June 5, 1971, from -1:0.0 p.m. 4:00 p.m., read and 268 May.17, 1971 Youth Rally - filed., Letter_, dated May 12, 1971, from Walnut Park Chief o Police Higgins. approving f / Res. #5742 N.C.S. the request,.read and filed. Councilman (continued) Mattei suggested that use,of other parks be considered - for group gatherings because of the congestion created at' Walnut Park and the potential danger to participants and tra'f`fic. . Chief Higgins pointed out. that all groups when applying - for use of Walnut ?ark -have been cautioned . regard -ing limitations - to .the number of people and , the.large volume of traffic surrounding the Par;k,.but that groups prefer Walnut Par'k.because of it's facilities and parti— cularly because'of the gazebo in the -cen- ter'. of the park. Resolution No. •5742 • N. C'. S. , , authorizing the use .of Walnut Park' as.requested,.wa's introduced by Councilman Cavanagh, Jr.,. seconded by Councilman Mattei, and adopted by 7'affirmative votes. Mayor Putnam'directed Chief of Police Larry Higgins, :Director of Parks and Recreation Sh'olle Aberger, and'Councilman Mattei to explore st,eps b.e taken to make,' other parks equally attractive for group gather -. C ings. Street Closure Letter, dated May 10,•1971, from.Brian / Res. #5743:N.C.S.• Webb,. As Commissioner, Boy Scouts of America, Cub Packs 3 and 6, requesting closing - Eleventh Street between•'F " - and "G ".Streets for - -bicycle . and-related races on Saturday, June 5, 1971, between 12 :00 noon and 4:00 p.m., read and filed. Letter; dated'May 17, 1971_ Chief of Police:Larry Higgins that the Traffic 'Committee.has -.reviewed, the proposal and approved it contingent on •a 20 -foot wide lane for-emergency vehicles being left•open and recommending. that,the Council approve the permit,•read and filed: Resolution No. 5 N.C.S., consenting_ the. closing; of Eleventh Street as requested', was introduced by*Councilman Brainerd.; seconded by Councilman and adopted by 7 affirmative votes. Waste Discharge Notice from the California Regional Water,Quality Control Board of* proposed / Requirement's waste * dischar -ge requirements for the City of Petaluma and _requesting that any be submitted'before.May 19, ' 1971, submitted and filed. Direc- tor. of Pub.;lic`.Works Young reported that Mr:.Carlton Yoder, the City's Con - sulting Engineer, wi..11 • be replying to the proposed-.requirements before May 19th, and tha both Mr. Yoder and he will be attending the hea•ring,on May `27th - in 'Hayward when the . California Regional Water Quality Control Board, San Francisco Bay Region, will.consder waste 'discharge -requirements.for the City of.Petaluma. 1 1 289 -. May . 17_, 1971 w- Petaluma Letter,_dated May A, 1971, from Mr. Cooperative Dennis °Mishek, Area'Engineer,.Califor- t / Creamery. nia - Regional , Water Quality ,Contro Board.,..San Francisco Bay Region,"that a removeable plug, is not acceptable as proposed by the Petaluma Cooperative Creamery -as the connection between the Cooperative Creamery and the.storm sew- er should be severed and both ends-of the pipe plugged to ensure,that no waste is discharged to the storm sewer system,'further stating that to ensure . cont- inuous operation, the - Creamery may prefer to maintain spare parts for.the mechanical equipment or.stand -by mech- anical equipment operating the cool- ing.system, read and filed. By.consensus, the Council•directed the City'Engineer, to notify.the Cooperative Cream= ery to sewer. Cancellation - Resolution No. R -5 -48, dated May 4, Unpaid. Taxes 1971, of the.Board.of Supervisors of*. the County of'Sonoma, autho.ri cellation and transfer of taxes on pro - perty acquired,by public agencies - Revenue and Taxation.Code, Sections. 4986 and 50.96 Refund, submitted and filed. Parcels involved for the City of Petaluma: Assessor's. Parcel.'Nos. 19- 382 -16, 19- 382 -28,, 136- 010 -20, 136 - 060- 30,and 150 - 050 -12. Park Land Letter, dated May-.6, 1971, from Mayor. Dedication Newell B of Walnut Creek, expressing appreciation for City of Petaluma participation in the test case of; the Associated Home Builders of the. Greater East Inc., vs. City of Walnut Creek (park land dedication) Supreme Court decision, read and filed.. City Attorney%Robert reviewed the let- ter which stated that on,April 26, 1971, the.Supreme.Court rendered its,unanimous opinion.7on_ the- matter' ruling,that cities and..counties_:may require subdividers .to . dedicate ` landc'or• pay money in lieu the'r.eof as a condition of subdivision approval-, -: and * the : Court upheld . in the test case..the:validity.of Business.and Professions-,Code:;-Section 11546 enacted. by the in 1965; and the City of-Walnut Creek:•'s implementing,ordinance and resolutions. The City Manager informed the Council that- legislation will-be-pre- pared-regarding 'land dedication for consideration by::the Planning Commission and the Council:. -1 Acknowledgements The .following_:acknowledgements were re- ceived and.-..submitted and filed: C. R. Bender,•Admiral, U. S. Coast Guard,. of Council resolutiori'adopted regarding Two Rock Ranch Station; 290 May 17, 1971 Acknowledgement's United States.Senators Cranston and T -unney (continued) of Council resolution adopted regarding Federal. Revenue Sharing; Governor Reagan Senator Collier of •Council.* ,reso .ution adopted opposing-Senate Bi ll 333; Governor Reagan,,. Senator, Collier, and , Con - gressman Clausen -of Council resolution. adopted regarding the Golden Gate Bridge District'.. City Manager Robert Meyer:referred Senator Cranston-' s letter regarding Fed- eral- Revenue•Sharing,and the.comments made therein relating to cities. Mr. - Mey:er; was: asked to send a fetter to Sen- ator Cranston pertinent information concerning City Petaluma. Claims and Bills Resolution No. 5744 N.C.S., approving Res. #5.744 N.C.S. Claims and Bills Nos:. 2667 to 2796 clus.ive and. Nos.- 576 `to 605 inclusive,, •wa-s.- introduced by. Councilman Brainerd, seconded by Daly, and adopted by 7-affirmative votes. - American-Federation City Manager Robert.Meyer reported that 3 � of State, County &: - the' . Memorandum.of Understanding has been Municipal Employees executed between' the City Manager and (AFSCME)'.. the AFSCME, Local 956, in agreemen,t,with Res. #5745.N.C.S. the guidelines established.by-th&'Coun= cii, and $.20 an hour increase will become effective'July 1. 1971,.to carry. through to June 30, 1.972. Resolution No. 5745' - N:*C:.,S: , * approving , and rat-ifyi,ng Memorandum of''Understanding executed by .the .'City Manager. with the AFSCME, - was , introduced by Councilman Brainerd, sec -. onded by Councilman Daly, and adopted by 7 affirmative, votes. (( Organization and Organization and . of �Fir,e Depart- .of. Fire meat',- submitted'and filed. A motion.was j Staffing Department made Mattei 'and- .se.conded by Councilman Battaglia, approving said organization.'and- staffing of the Fire - Department -.. 7Motion carried unanimously. City /County Bldg. - Councilman. Cavanagh, Jr., reported that: City Hall Enlargement bids were opened on'May 11, 1971, at't°he J� & Improvement / Res. #57:46 -- N.-C. S. ' Cotirity of, ,Sonoma- Board, of Supervisors'. Room'for the .subj -ect project. Summary. of bids-submitted and filed.' Councilman Cavanagh,, Jr., continued by saying, that the:. Council Committee reviewed the,bids and is recommending to the Council, that the l,ow. -bi.d of Rapp Construction. Company be accepted. Said bid includes•,a main bid !.of $4,36; 9:0'0 and Alternates 1 through -11 as show-n..on the Bid Summary. City 1 99 1 . . May 17, 1971 City/County Bldg. sharer of . the bid ,- amounts to-_$167,56,4.. City Hall. Enlargement. Cbunc•i- Ima•n- Cavanagh, Jr., added that. & Improvement _.pending Council action, the County Res. #5746 N.C.S. :.Board of this.•morning in- (continued) dicated,approval of awarding the con -. tract to Rapp-Construction Company -. Councilman Battaglia•stated that funds for. the City Hal addition have been.. :accruing for -the past seven years, -and _ -- that.only an - amount of $5,050.12'is needed.f.rom°c.ontingency (Fund GG3 -69). Resolution No: 5.746,N.C.S., approving _.,bid and_authori;z.ing alternates with res= pect..to.the.,.enlargement and improvement o,f the..Ci:ty H of the City of Petaluma, was-introduced-by Councilman Cavanagh, seconded.: by. Councilman, Brainerd, and .adopted„ by .7 affirmative votes.. Councliaman. Mattei stated ,that although he, voted .affirmatively, he felt a pro - ject of such: scope 'required- several study sessions with the new:c Chamber of Commerce Councilman Jr., reported on Board .. the _,subject,meeting.held'today. Of main. Meeting. intere'st..was..the.,adoption of a resolution favoring,, SB_ 801'-, and AB 140.6 'regarding _ ;..taxing_ of, school ..districts and adoption . of,an ..reso opposing AB 544 regarding- ;•retail•. .tax on gasoline. Ca-li,f,ornia Regional Counc•ilman*Mat:tei reported on a public Water Quality Con -.. hearing which he•,attended.with Director trol Board of Public_Work-s David.Young and Planning Commis:s,ion-- Cha °irman ! Paul Stanley in Oak- .. land on- Tuesday, May 11, 1971., conducted b.y-the,Cali,fornia Regional Water Quality Con.trol_:Board on•the Interim Basis Plan. He urged Council. ::members to attend the. hearing on_May.;27, 1971, in Hayward. Mr. Ernie Curtis, Chairman,of the Irate .. Taxpayer ; Committee, Inc., commented, against- .the -. Regional Board's - .plans and requirements.. Lighting Lighting - Walnut, Letter., dated-May 14, 1971,..from John Wickersham and H.:Dado,_Cha- irman, Recreation, Music G Kenilworth Parks. and Parks•Commission,•recommending that - :the-Counc -il accept P. G. & E. Company' -s p:ropo t.o. update and. correct the in- adequacies of.:the lighting system at Walnut. Wickersham and Kenilworth Parks by repl 1;5 .light structures;, install- p in :g - new ..aundergro.und wiring, and maintain- ing- the total. system for maintenance for a co.st,..of -. $2,, 044, read and filed. Coun- _ - cilman Mattel •br-:iefly reviewed the Com- mission:'s— concern .for .the need of improved lighting-- at„ they. three parks. A motion was made .by_ Counc; =lman Matted and seconded by Councilman Battaglia approving park light - ing for,Wal.n.ut, ,-Wickersham and Kenilworth 2 J) 5/ May 17, 1971 Lighting.--.Walnut, Pdriks�as'proposed by Pacific Gas L.Ehec' Wickersham and - . t-ric r•Company_ costs for_.W ckersham Kenilworth Parks ' Parkes to.' be-' kept separate and to . be paid (continued) -fr'om -the Wickersham Park Fund,..and'costs - for'.. the- other' - two parks from Fund PR. Mo:tio'n. carried unanimously.. Animal Control City Attorney. Robert - reported that the. 77 Ordinance Amendment -: Ch of df 'Police.; the Animal Control - Office -r and he -met with representatives i of. the: Blue Ribbon Dog Breeders' Asso- �'ciat on discuss the proposed amend- men't. Vt'o' � the• Animal .Control - Ordinance , " - ' re , ga'rdin°g tl;imit�ing the number of, dogs., at- •a' re and. that "he is -now ,wait- ng'a�reasonable time for the group to present- a- lt,ernat ves to the proposal,. Mr: - "Joe Dusman Coronado Drive,. again = complaneel " ='t'o th`e Council about .the noise:. 'cr'eated[rby• the:=barking of 14 dogs belong- :. . - -in g`� to_. h" s n'e and requested Odunc l action to alleviate the problem:' Ell "s P:e .1520 Lau Drive, Mr.= Befnar.d 'Barnett, 534' .Kmb.er• Way, and. Mr .-- , Ro'b'ert ."Cast'_ro, .125.6 Ponderosa Drive, of.the' Blue `Ribbon .Dog Breeders Or-gani- - `zati'on," `appeared before the Council and poke ag'ain'"s't^. the limitation and felt that the exi*stiriq Animal Control Ordi- nance, i.f•- properly enforced,, adequately.- covers -the do'g-.barking nuisance.problem. r Upon conc Ids ion'• of the) discussion, 'Mr. Robert was .tasked-. to continue seeking a ` soTutioh'with interested'parties for presen.tati.on" of" 1e.gislation witAih' two to` three ' weeks, taking ' into conside tibn' the :enforcement factor as pointed out.- East Washington ` =Plans an'd specifications for the. subj.ect. Reservoir Tank #2 project,submtted and f led.''Director of Project WD 1 -70 - Public David Young presented the plans Res. #5747 N.C'.S,. for Council review. Resolution No. 5747 approving. plans and specifications entitled,, "'East Washington Reservoir Tank. .42 , Proj;ect, WD 1. =70" , ' was' introduced by. =- Co--un'cilman= B'r,a .nerd, seconded by - Council- •-man ,Dahy, `and;. by 7 affirmative. vot e s.. = - Valley - Green _-- Re.port,:-dated- - May 11, 1.971, from Director' Subdivision #3 of.. Public Works David . A. Young", :certify 1i9 Res. #'57:40- N. C'. S . to the' compl:et on, of public improvements for'the. subject subdivision with certain = condi -tions ,': -submitted. and filed.. Resol,u- tio'n• "No .- 574 8 N . C.. S . , accepting 'completion of wor.k':requred in Valley Green Subdiv = >. --.,son No . -'3'; was- h' , - introduced by, Counci,l'man Mat-tei ",'- 'se'co'nded- by Councilman Brainerd,, -and 'adopted 'by '7 affirmative votes. 1 1 1 n 9, 90 May 17, 1971• Abandoned Vehicles City Attorney Robert.noted that the Ord. #1021 N.C.S. propgse, ordinance amending the_.Traf- fic 'Ord:inance` conforms to changes in the'S'tate'Law'; whereupon, Ordinance No. 1021 N'. C:S.,.amending Chapter 15 cle XVI; ',of the 'Petaluma City Code .of 1958 'to pr.ovdde for abatement• -and, re- mo:val.of abandoned, wrecked., dismantled; or inoperative' vehicles or "-parts there of ,from private property; not .including .. hi,g.hways,..'and 'recovery of costs of ad- ministration thereof, and amending, the above- Chapter.'and Article to "conform to the' requirements of Vehicle Code, Section, :22660, adding.to and revising certain`S'ections - .of Article XVI and re- numbering:•'other'Sections, was introduced by Councilman Battaglia.,. seconded by Councilman,.Matte , and ordered posted by ''7 affirmative Votes. Parking Meters. Ord nance'No ".1022 N.C.S., amending Ord #1:02 "2 N.C.S. Chapter 15,, ';Article XIV, 'Section 15 .14 . 4 and Section 15.1,4.8 of the Petaluma City Code of 1 to establish parking meter fees and spbcial,�permits for use of needed "parking s and.repealing Ordinance''No. 99 '6.N..C.S., was.introduced by 'Councilman Matteis seconded by Council- man B�tt'agl and .ordered posted by 7 affirmative `votes'. It .was noted by the City`Attorney'th'at the'amendment pro- "vide,s' fo'r the' ,establishment of parking '- ineter and . permit for the "A" Street Parking Lot. Third Way House Resolution No'. 5749. N.C.S., approving '� of Petaluma, Inc. tYie' "concept of "Third Way House of Peta- � Res. #5749'N.C.S. luma, was introduced by Councilman Cavariagh,' it., seconded. by Councilman Brunner, and adopted by 7 votes Fire Works - Resolution No'. '5750 N.C.S., authorizing July, 4, 1971 the City Manager' to execute a license �O 4_ Res. #5750 N'.C.S. agreement for use of Fairground facili- ties' on Sunday, July 4, 197.1, was ; in- troduced' "by Councilman Mattei,'seconded by Councilman Brainerd, and adopted by 7 ,affirmative.votes. Attorney General's Fo11'owing''a brief review by the City Legislative Attorney of the Attorney Geheral's Proposals Legislative Proposals, Resolution No. / Res. #5751 N.C...S.. 5751 *N.C.•S'. , endorsing in principle the Attorney General's Legislative Proposals, was `in'trbduced' by° Councilman Brainerd, secori'ded - by. Coun ;c lmari Cavanagh; �Jr . , and adopted by T affirmative votes. North Coastal Reference was made to letter, dated- 333 f Regional 'Assn': April 30;`1971, received from Ignazio A. Vella, Chairman, Board of Supervisors of the',County of Sonoma, copy of which May .17, 1971 North Coastal Regional Assn.. (continued) wasread, at., the May 3, 1971. Council meet - ;ing,r with, :regard_ ;to the formation of a . North.Co:astal Regional Association of the cities and counties.of Northern California., A request was,made in the .letter that., the. .'Council, , by,,. letter. or. res,ol.ut on,,; info fin the Board as- whe- 'ther, wishes to have input., either, as individual cities or as a Comiri tteee of the Mayors' and - Council- men'a'Assoc:ation; into the project. Mayor Putnam informed the Council that at.' the '.last Executive Meeting of the Mayors ` `and Coun.cilmen's.,Assbciation., . Mayor, Joln Lobsinger• of Sonoma ,was - appo nt.e.d� on .a. pro -tem basis liaison member "to_:the, group working on the formation of the.subject Asso= ciat'ion.. Mr. Lobsi•nger will be attend- ing all, meetng in connection with the, mat:ter. as" representative of the Mayors `• and Couneillmen�s Assoc ia-,tion, and it Was ,agreed,'at the meeting that this appoint- 'merit' would w'ay'-.interfere with the- position, of - indi v.idual cities. 'Mayor. Putnam added that.the'Board. of Supervi_ .sots .ap.po`inted Supervisor. $pomer as represent:ative aria Supervisor Theiller as alternate from the County., and .that , Mr:.'Spomer,',s role, is to contact all .cit- ies, in Soxioma, C u -nty - to . present the pro- posed ;As.s,o.catio.n.'s plans; however;, the City of,Petaluma has. not been,contacted as yet. Mr:., 'Bob Gaskll' , .21 Mr Ernie, Curtis of Committee' commented Gilrix Street, and. the'Ifate Taxpayers on the', matter. Following a general discussion 'on the action to pursue as requested in Mr.. Vella's letter, it was agreed.by the "Council that a . be directed to Supervi inviting him to the next. Council, mee for presentation of_' i.nformat %on regarding• the North , Coas't- , aT propos,a1 Public Works By Council: consensus, the City Manager was Department,- asked not to send .a copy of-the .Public Monthly,Report Works' De.partme,nt,Monthly Report to the Council... _ Adjournment. There being, no_ ,further business .to `come 'be'for•e , the. ,Cou' n&il , the meeting was ad- journed at, 10:00 o'_clock..p.m. to an Executive, Session.. Mayor. Att City Clerk