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HomeMy WebLinkAboutMinutes 07/19/1971i P 4 MINUTES OF MEETING OF CITY.COUNCIL PETALUMA, CALIFORNIA July 19, 19 7�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 Brunner, Cavanagh, Jr.,' Clecak, Daly *, Mattei, Perry, Jr. and.Mayor,Putnam. Absent:' None. *Councilman.Daly.arrived at 8 :15 o'clock p.m. Invocation Due to the - absence of Msgr. Clyde,Tillman, St. Vincent's Church,.no invocation was given. Approval of Minutes The minutes of July 6, 1971, were approved as recorded. The minutes of July 12,,.1.971, were approved with deletion of Planning Commission item on Page 3 (item correctly recorded on.'Page 4). Multi.= Channel Notice to bidders on the.subject equipment IA% Logging Recorder. was�duly published.. Report, dated July 16, System - Police 1971, from Chief of'Po.lce Larry Higgins Department o.f bid. - opening July 15, 1971, and recom -• Res..' #582`1 N.C.S. mending acceptance.of the submitted by:Dic;taphone.Corporation, submitted and _ filed. :..Purchasing- Officer John.No.lan noted that specifications were sent two firms, but only one bid.was received, which:was submitted.by Dictaphone Corporation for $3,638,25.. Some discussion was held on Councilman Mattei'.s objection to the specifications, which he felt were- too, detailed and limited the bidding on the,equipment. Resolution No. 5821 N.C..S. awarding contract for pur- chase of the subject equipment, was- intro- duced by Co.unclman,Clecak, seconded by Councilman Cavanagh, Jr., and adopted by 6 affirmative votes, 1 absentee. Annual Sidewalk Letter-,'dated July 12, 1971, from B. A. Sales Shannon,: General ,Chamber of Com- Res. #5822 N.-C.S. merce, requesting.permission'for the Down- town Merchants! Association to hold its Annual Sidewalk Sales on- July 3;0 . and 31, 19.7'1__, read. and filed. Resolution No., 5822 N.:C.S,..:; consenting to, :Sidewalk Sales as - re- quested, was introduced by Councilman'Mattei, seconded by Councilman Perry,, and.adopted by .6 affirmative votes, 1 absentee. Urich Oil Company With the.consent: the.Council and the Appea appellant,'the.subject item appearing as Item No. 3 on the Agenda was delayed for consideration l'ater.in the meeting pend- ing arrival of Councilman Daly. 350 July. 19, 1971 Magnolia Avenue Letter :dated July 14, 1971, from Knudsen. Pump Station and Richardson, Contractors for the sub =. Project WD '12 76.9 j�ect- project,.requesting an extension of. Res. #5823 N'.C.S. time.to.complete the project delay.ed'be- cause of a' combination of labor problems and delivery .of materials,, read and filed. Upon .recommendation by Di- rector of Public Works David'Young, it was agreed by.the, Council to extend the completion date for'two•weeks "(to August 2,..1971); where- upon, Resolution °No. 5823, N.C. . , - author - izing'Knudsen and Richardson`an extension of time: within which to ,coinplete the• Mag =.. nolda Avenue Water Pump.'Station Installa - . tion, was introduced by..Co,uncilman Cava - nagh, Jr..' seconded by Councilman Matted, and•adopted by..6 affirmative votes, 1 absentee. . i 0 Application filed with Alcoholic Beverage Control by Leonard Fadeeff to drop part.- ner from . .On-Sale General Public Premises-, License at Gulliver 177 North Mc Dowell Boulevard; approved by the Chief. of•.Police, Building Inspector,-and the Health .Sanitarian; submitted . and d. Tele- Vue: U:S. Corps•of`Engineers' Public Notice No. 72 -1 - Tel'e - Vue" Systems' application to install•overhead televisibn cable.,a7. cross the. Petaluma River,. 'submitted and• - fil Planning Director William- McGvern pointed.out that the Zoning Ordinance re- quires all proposed public utility trans- mission'lines be submitted to the Planning Commission for` whereupon, the matter was referred to the Planning:Com mission. Meeting re Sewer. Letter, 'dated July.3, 1971, from Mr., Mel Facility Study Hein, 'concerned citizens, and Mr. Ernie Curtis -of the - Irate Taxpayers Committee, requesting. appointment of a City Govern- ment group-t6' meet •with a private group to.. discuss problems regarding 'the pro pbsed'sewer.bond :issue, read and filed. In response to. the Mayor,. Mr.' Hein in dicated that the - private group consisted of seven.representatives"o-f.local groups who- investigated - .the "clean water method of sewage . treatment at Lake Tahoe.. Mayor Putnain.,appo'inted Councilmen-Brun -, ner; Mattei., and :Perry to serve as Council Re.pr:esentat•ives . to. meet with the group, together. with 'appropr`iate staff . members;. :and lrep.resent'ation from the Water Quality Control •Board-. Councilman Mattei : was - .apponted;Cha°rman of the Council Committee and was asked to arrange a meeting as soon as ' pos:sible n I�I I �I L�J 1 July 19, 1971 Meeting.- re.:Sewer Mr.. Ernie Curtis announced that a film on Facility Study the "clean'water" method of sewage treat- (continued) ment.at'Lake'Tahoe-will be presented' an in- formational meeting at the•Veterans' Memorial on .Thursday, .July 22, 1971', , at 8-00-p.m. Two Rock Ranch Acknowledgements ,were received from Major Station General.Richard's and.Colonel Chidlaw re garding Resolution commending Two Rock Ranch Station. Said acknowledgements submitted- and.file'd. Bay Area.Air.' Le'tter,'dated.July 14, 1971, from D. J. Pollution Callaghainy,:.Chief Administrative Officer, Control.Distric.t Bay Area Air Control District, that. - effective July 1,•1971, Petaluma officialiy:became a part of the Bay Area Air'Pollution Control District, and that a public hearing:by.the:Board of Directors on..th.e District's-.control measures will be held -at the,District Headquarters in San Francisco on Thursday, July 22, '1971, read and f i -led . Maybr.Putnam "declared the public hearing open.. The- City; reported that all required - dbcuments.were duly filed. Coun cilman;- Cavanagh:,- --Jr., stated that he will abstain from,voting the subject issue because of -being involved with property in the_ vicinity.: -::: r City-Manager Robert Meyer noted that no backyard burning regulations.will become effective . October 1. 1971. ... He - -. pointed out that time is needed to develop ways and means of-handling backyard burning' material,..and with'his suggestion, the Council directed the.City Clerk to write a ;.letter- Air Pollution -.. trol District req-uesting'a one -year time - extension for the'effeetive.date of the backyard burning regulation. Mayor. Putnamcindicated that'she would call Councilman_:Poznanovich of Santa Rosa and ask him to personally make verbal request . .. to the.. Board..on behalf of the City ,of -:Peta= luma when.he attends the public hearing.as well - as rel-ate.:the problem of a possible fire hazard 'that..could be created by the "no burning" regulations, as pointed out to'the- Council by Mr. Mel Hein. Appeal - Urich Appeal, dated July, 8, 1971, filed by Urich - .Oil- Oil Company Company,.of Planning Commission decision Res. • #5824 N.C.S. on July 7, -- 197,1.;: denying use permit for con - struction. an,d operation . of, service . station at 410 East Washington Street, read and filed. -The reason set forth in the appeal is.as follows_: . "The language in Ordinance unclear causing conflicting interpretations." Maybr.Putnam "declared the public hearing open.. The- City; reported that all required - dbcuments.were duly filed. Coun cilman;- Cavanagh:,- --Jr., stated that he will abstain from,voting the subject issue because of -being involved with property in the_ vicinity.: -::: r 0 0 0 w July 1.9, 1971 Appeal Urich City Attorney Robert stated that the Zoning Oil Company. Ordinance.-specifies a minimum closest ds= Res. . #582A - N.C.S. tance from another service station site (continued). shall -be . not less .than 500-feet' with 'the, exception ;of , street intersections, but he _ was.o.f the- _op.in on that the intent of the Ordinance:was:-not to have "back -to- back "' service'.stations';:.however, he did concede. to the unclearness of the Ordinance in this respect Planning :Director.'William McGivern reviewed . the history_ of':the- Zoning Ordinance relating to service stations, and that the intent,at the timeclo.f :its =,_adoption was not ' to ' have "back. =to -back. ".`_service stations. Counci'1- man .Daly, - - Couvncil .Representative on the Plann ng.Commi sion, reported that the'Plan- ni Commission elected to uphold the'City. Attorney's interpretation of the.ordinance, and that it 'ahso expressed :concern that the' design -of the station :would create a traffic. problem.. Mr ..:Hugh Lacy, Vice- President of Urich - Oil- Company,.appeared.before the Council in support.of the, appeal, and disputed the City' Attorpey's: nter-pietation and intent of the Qrdinance.: He pre;sented.an artist's reden- tion- and.photo.graphs of the proposed service station - lay.out,.pointing out that`the facility will, provide ,only, gas and oil sales'. Mr..Robert;.DeAngelo, Attorney for.Urick Oil Comp. any,. spoke,.to - the'Council,•claiming that the Ordinance does not reflect the intent as, interpreted `by_ the:..- City Attorney, and because of .the .absence -. of . the :intent being spelled out,-,requested consideration that'a use per mit -.be. gra -nted. _ Those-in the:-audience who spoke against granting the..use • perm'it were Mr.. K•:- Wippert:;.804 Pepper-Road; and Mr. Larry Bernauer, 842 Francis Drive.. Mr. Ernie Irate Taxpayers Committee, also spoke ofn the subject. After 1. consideration of. all the facts presented., Mayor Putnam declared the hearing closed. - Resolutiori;No. 5824` N.C.,S., of findings of fact and action - taken by the Petaluma City Council on the appeal. of the Urich'Oil ,Company', from the Planning �Commi ssion' s denial .of ' its, appli cation for a use.permit, was 'introduced by Councilman- Daly,. Perry, and adopted-by 6`affirmative votes,. 1 abstention.. Councilman,Cavanagh, Jr: abstained.for the reason earlier stated. (Action upheld Planning Commiss'ion's denial:) July 19, 1971 3 �5 Claims and Bills Councilman'Cavanagh, Jr.,' referred to Claim Res. #5825 N.C.S. No. 3434 "Petaluma Chamber of Commerce and Barber_Sign.Company Final' Payment Regarding , _Signs :.T $1,000". He .asked that maintenance : on: - this item be .checked out. - Resolution No . , 5825 N. C . S . ; approving~- .Claims and. Bill _332,5 to 3434 'inclusive and Nos .678 •ta 71.0 .. nc`lusive, was introduced - by Councilman.P.erry Jr.;• seconded by Coun- •cilman-Mattei, and adopted by 7 affirmative votes. Annual Fair :City Manager.Robert Meyer reported to the Parade •Council•the number o.f hours expended by - . the.: Po1, Police Reserve _ Offi- -cers., and the Public Works and Parks Depart- ments. 'servic•es involved with the Annual Fair ;The amount of overtime was $350.66. Pending State Ci.ty.Manag.er Meyer highlighted var- Legislation i'ous hilks:_reviewed in the League of Calif- ornia° Cities'.'..Bul.letin . He was - given per- mission to object to the following: AB :2622' State: Zoning Procedure - SB 148.9.- Planning -- Mandatory Elements AB •1.4.7:1. -: Co Control Legislation AB 1,056: 'Envir:onmental Quality Act -of 1971 AB, - :Lirnkta.tion on Local Control of Mobilehome Parks.. He',al.so noted. that support was given to AB: 1.3.75_ =. Subdivision Map Act revision.. Mr.s. Bingham•, .member of the audience, in- dica,ted: that:: a•. conservationist group is circulating a petition on the County s.Lipport ing AB 14 71 . • Petaluma Rotary Counci.lman:Matte'i, Council Representative S3(0 Club Gift to ..the Recre'aton•, Music; and Parks. Commis - .O__� Res. 45826 N.C.S. s'ion.,._reported that the Petaluma Rotary Club . donated $7:,500,Ato. be used for picnic facili- ties at La Tercera Park.. He lauded Mr. Max Herzog, immediate,Past- President.of the Club, - his leadership during the last year resulting_in..such a -fine community contri- bution. . Resolution No. 5826 N.C.S., express - ing apprecia:t-ion'to the Petaluma Rotary Club, was introduced.b.y Councilman Mattei, sec- onded by Councilman Clecak, and - adopted by'7 affirmative .votes. ;The City- 'Olerk- directed to send an appro:pr.:iate� letter with the Resolution to'. the-. -. - Peta!luma. - Rotary Club. and a letter of appreciation; -"to Max Herzog.. Fire',`Wor-ks - Mayor. Putnam r.e:ad, a letter received from July 4, 1971 Mrr •.,_Dona�l : d .P:.,-Sharp, 912 Daniel Drive, - thanking- City of Petaluma for the Fire- works D:isplray.uon . 4, 1971. The Mayor directed that _ a -copy of the letter be sent to the - Departments involved. o54 I 33 � N July 19, 1971 -r s Noise Protest Mayor:: Putnam- rea +d•; a letter from Mrs - .Luc.il.e .E .• Powera., 860 Daniel, Drive; ob- j ect-ing_.to: no -Is.e ' created by motorcycles in,the neighborhood, the hardtop races at the fairgrounds on Friday nights, and the ice,cream_ truck making its routine. rounds ; .and,• _enclosing • a news article .of - a_- task- ..fo:rce •in - San Francisco to study "and :P re,pare, °noise control law. The City Clerk. was.;_d1rected to respond, indi cating.that the.matter.of noise control _wil1. be. -taken °under . advisement . . Youth Participation in Government May or- ..:Pgtnam referred to a report entitled; " Q.uie`t City Report prepared by the -Quiet -Ci.ty, Committee ­,: - Angeles County. Division, League, _Calfo:rnia Cities, -and 'including a ; model . nois;e '.ordinance . The report was•. referred to the:City Attorney for review and,'report thereon to the Council'for'con- sidera.tion, .'o.f. applying the . noise ordinance*. .to...theaCity_ of [P etaluma. Mayor Putnam stated that a report,, "Youth Part.c pation.'in Government ", was receive . t^he City.-Attorney of 'Beverly Hills showing.a breakdown•of effective in- vo1mement by.vari•o:us communities. The re .port was referred to the City Attorney and ,City° .Manage`r for review and , consideration. ABAG - Citizens'.' At .the _reques of the City Manager., Council Task. Force imembers were..:.asked to submit names on Mon- day, J.,uly-.2'6, 1971, for nominations in re- - : gard t& . s.ub_j'eet task force. Enforcement of the City:!Attorne_y:.Robert reported that the Food Handling subJect matter was discussed,:wi -th -'.the Ordinance .County, , Counsel.. The Food Handling , Ordi- nance _wi1I be :enforced by the .County o:f Sonoma and -all.. f.e.es involved will be col- leeted by the California Director* of - -Publ Works David Young re-- Functional, f'erre'd .to: a dated' 19,7:1, Classification from. R.': E:: , Assistant 'District, Study Engineer., Division of Highways,'District .IV,, clarifying-the sugges.ted addition of 'the. Va l l,e.y_ , For.d� : 7_' Petaluma Road to ` S:tate H'igh- way,_System: referred to in the Division-of Highways e;tteri _ of June 24., 1971, as fol- lows:. "The exact location. of the easterly- terminus, of`'_the., road. in the vici= =pity ::of .Petaluma is-undetermined. Present thinking. .locatea on .or near Skillman - Lane;..however; legislative addition of the route to the State Highway- System. would not precisely .l'oc'ate the route. Should I t °he ' route. be-'. added--to the. System in some fu- ture� date, it- s location would then be determined by State and local 'officials.," • _ __ 1 July 19, 1971 � • • -State of California - John W. Cavanagh Copy of letter, dated June•28, 1971, to Assistant City`Engineer•Hal Wood, from the Boundary 'Line State Lands .'Division of a boundary line Agreement.-- _ agreement -_ along - thel." easterly bank of the Petaluma.River Pet°aluma";River•near Baylis-Street between the-,-State _of-`,California and the City of Petaluma _.and- John' .W.. Cavanagh, Sr., sub- mitted and-.filed. Mayor Putnam.appoi.hted "City Attorney Robert, City Manager.Meyer -, and Councilmen Brunner, Clecak and Mattei to "review .-said agreement for a report to the Council thereon. Councilman Brunner - was.. asked ao..aerve. as Chairman of the Coun- cil. Committee. Revenue Bond Law Ordinance'..No'. 1026 N.C.S. of'the Council Ord.. #1026 N.C.S. of- ,the.City.o;f - Petaluma, .enacting.the Pet- (second reading) aluma Revenue.Bond Law relating to the i'ss:uance. "sale of revenue bonds for certain purpoaes.;' •was introduced by Coun- c:i man:Mat`tei; seconded by Councilman 'Brunner,.and adopted by,7 a- ffirmative. votes,. - . ' Budget Transfers Resolution No. 5 N.C.S., authorizing the 1970 -1971 "N: transfer:.of appropriations between- 'res.pec -', 6,�°'� Res. #5827 C -S . tti,ve .- budget ..sect•ions as appropriated by - :Ordinanc'e ..No 99.0 "N .C. S. , as amended., was introduced by Councilman Mattei, seconded by .Co:uncil .'Cavanagh; Jr., and adopted by _7 affirmative votes. Easement - Resolution N.C.S., authorizing. Orsq P..'G. E. Company .the Mayor ":to:execute,a grant of easement ..;Oop Res.' #5828 N.C.S. to.the Pacific Gas and Electric Company _ - across -the Magnolia Avenue Pump Station, was introduced by Councilman Perry, Jr., seconded by._Counc'ilman Cavanagh, Jr., and adopted votes.' Councilman .,Cavanagh, Jr., noted that `some of 'the •'downtown - street .lights during last week - did .,not :turn, on at the proper-time- Mr. Clifford :Bartlett , . P . G. & E. Di'strict . Manager present in. audience, was asked to on..:the smatter and to let the City Manager. ;.whethe.r the Police Department had .noti:f:ed-.P. .G. & E. Company of the . ma-lfunction _ ABAG Official Resolution No. +5829 N.C.S., appointing Mayor - and Alternate Helen, Putnam -as _Official Representative and r Representative Councilman „Fred_V;. Mattei.as Alternate Rep - Res. #5829 N.C.IS. resentative to,the.General Assembly of the' Association of. Bay Area- Governments, was introd.up.ed- by.Councilman Cavanagh, Jr.,, sec- - onded.:by Councilman Clecak, and adopted. by 7 .:af:fi:rmative :votes. Appointment Resolution No ..' 583.0 N. C : S . , . appointing , q® go Zone 2A Advisory Vice - Mayor Jackal. Cavanagh, Jr., as,Coun- Committee•._ cil Representative to the Zone 2A Advisory Res—A58 Committee, : n- trodueed, by Councilman Mattei ;"s6conded-by Councilman Clecak, and adopted by 7 affirmative votes. July 19, 1971 Appoi.ntment.to. ResolutionrNo., -5831 N.C:S:appointing'. e� Traffic' Committee Councilman Robert 'A. Brunner.-as Counci - I '.Repre Res.., #583.1 N.C`..S: , to the :Commi•tteO- . was 7;introduced:_by. Councilman Perry, Jr,. seconded;by,. Mattei, and adopted b.y,;7 af.fdrmative votes. Assembly- Bi11 Councilman-.Cavanagh, Jr..,.reported.that at Senate Bill 92.0 .. - the A{BAG:.meeting. last Thursday, . Assembly --Bi °11.:,.10.57 (.a: ;Bill regarding Regional :Govern-' ment; for -the „:San. Francisco Bay Area sponsored. by :.Knok) ma.!s discussed, and by a vote of 12 to 10 a..c.ompr.om se procedure4was' approved by ABAG•that.the governing body be,..composea 40 :direc'tly- elected members, 40 selected .Mayors- ;;:_Councilmen, and Supervisors, and"- 3.c.selected frozen_ local District - 'agencies;: Councilman : Cavan >agh, Jr., further stated that-.,he-.:appeared--as Alternate-Representative' ;o.f the :Mayor-.s'. and Councilmen!,s Assoclat;i.on , of _Sonoma ; County . at _the meeting , and. voted - "no" on the ..issue . It was no.ted;._by :.the Mayor the subj ect. B'i -ll will �,be - considered in. Sacramento on Tuesday., Juilyi 20 ;1;:1971 ;: and -recommendations. are to. be forwarded,'r.ior--to the scheduled time ;Fo llow,ing-.considerable. discussion on ,A ssembly :Bill L1.0�57 and Senate Bill, 92'0; a Bill sponsored by Senator,Collier proposing the ,North _'.Coas,t. - Planning, and Developmen:t.- .CommiS':SIon. - ,a. - motion was made by .Counci l- . man :Daly, andT 's!econded 'by'•Councilman':Cle'c'ak oppo:s,irig. 'A5sembily : '1057 car - r.ied ..un�dnimous yy Mayor Putnam indicated that .communc;ation would . be made with Sa'c -. r,amento' ;tomor.row : of t'he, Council's opposition;based`on the position that the gove.rni -ng: body b °e. composed of 100 percent-. .elected officials from City Councils and Boards�of Supervisors. Dis:cuas,ion :e.ontinued on Senate. Bill 9,20 and - concern -wa:s - .expressed : on, , the .. lack of in:format-ion• on: the. financial structure of the ,proposed. Commission. Questioned also was the r;epre;s'en tat ion on the Board. 'Fol- lowing comp'le'tion of 'the deliberation., a - motion was..;madle .by Councilman Mattei and seconded:..by Councilman Perr-y,. r . oppo- sing SB .920_.,in its present form. Motion - defea °te_d -_by the , .following vote: AYES: Councilmen Mattei, Perry, Jr.,'.and Mayor: Putnam. NOES,: Co.unc;ilmen Brunner, Cavanagh, Jr., Clecak, and Daly. ABSENT': None... - Following - this action, a motion ; was made Councilman.:D;aly.and seconded by Councilman Cavan° gh•; Jr....,`_ to , table - further di.scus'siori July,19, 1971 Assembly Bill 1057 Senate-,Bill 9207.. (continued) Bicycle. License Fee Moratorium Extension - Adj our,nment w 7 on Bill, until after the Redwood Empire Division-, of California Cities, Quar- terly meeting in Eureka.whenmore details on the Bill will presented. Motion car - ried unanimously. A motion was made by Councilman Clecak and seconded,by Councilman Daly to extend the moratorium on bicycle license fees. Motion carried unanimously. The City Clerk was asked to notify the.vari - ous departments in volved of the Council's action. There - being n6 further business to come before %the Council, the,meeting'was adjourned at 11:00 p.m. an executive session and to:Monday; July 26, 1971; at 7:30 o'clock Mayor, — Attest: , 1 City C' erk=