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HomeMy WebLinkAboutMinutes 06/03/1968MINUTES OF MEETING; OF CITY COUNCIL PETALUMA., CALIFORNIA June 3, 1968 Council Meeting Regular meeting of the Council of the City of Petaluma called to order by Vice Mayor Colin at the hour di 7:3`0 o'clock p.m. Attendance Present: Councilmen'Brainerd, Cavanagh, Jr., Joerger, Lipman and Vice Mayor Colin. Absent: C6'inc'ilman Battaglia and Mayor Putnam. Invocation The- invocation was gven`by Reverend Thorval Even`s'ong ' Elim Lutheran Church. Approval of Minutes The minutes of May 20 and.May 24, 1968, were approved as recorded. � Washington Street The public hearing'f'or. the subject District Underground Utilitywas continued at this time.. The City Clerk District #1 announced that no written protests had been Res. #5000 NCS received. It was noted by the City Attorney that the utility compani'es'and the City Engineer previously agreed the time limit to make the necessary installations a nd removals as set forth in the'proposed resolution establishing the district shall be January 1, 1969. It was noted that all 'of the property owners within the District will,be furnished a copy of the ordinance establishing 'the procedures and regulations for the removal and installation of underground utilities well as the resolution to 'be acted upon establishing the district. As no further comments were heard, the public hearing was'closed,'whereupon Resolution #5000 N.C.S,: es- tablishing Washington 'Street Underground Utility District #1, was introduced by Councilman J by Councilman Battaglia, and adopted by 5 affirmative votes, 2 absentees. 1.967 -68 Water Director of Public Works David Young reported ®� Main Construction on the bid opening May.28, 1968, of the subject `- Program Project project and recommended.that the low bid of W67 71, COP 18 -66, Rapp Construction Company of $72,605.55 be 27 -66 & 29 -66 accepted, whereupon_Re'solution #5001 N.C.S. Res. #5001 awarding contract in accordance with the plans and specifications,enti.tled "1967 -68 Water Main Construction Program,'C.d:P. Nos. 18 -66, 27 -66 and 2:9 -66, was introduced by Councilman Lipman, seconded by'Councilman and adopted by 5 affirmative votes, 2 °absentees . Petition re Mar.- Petition containing 1.00 signatures of residents ®� golis Development- in the southeast Fifth Street area expressing Petaluma Blvd. concern of the threat of,a possible exit from South the Margolis; property on Petaluma Boulevard South to' Fifth Street, and stating that they would like to go on record as being opposed to any zoning change, and further requesting to be notified if 'and when the City may consider a rezoning, read and filed. -The City Clerk was asked to notify Mr.. Leroy Jewett, property owner in the area who filed.the petition,, that the petition will be .considered when the site of the Margolis development is reviewed by the Planning Commission. 24 June 3, 1968 6 � Mr. Allen Stack.-Re Communication, dated May 14, 1968, from Mr. Auto Dismantling Allen Stack., 3175 Petaluma Blvd. North, re- License garding auto dismantler's license at 81..5 Wilson Street,.read and filed. City.Manager Robert Meyer explained that a business license was issued to Mr.,'Stack for transfer of a scrap metal business and at the request of Mr. Stack, an addition was made to the license -indicating auto wrecking,. This additional use was added to the - license without proper approval; therefore, the, business license is considered to be, invalid. Mr. Meyer continued by saying that Mr. Stack then applied for a Use Permit with the-Planning-Commission to allow the ex- pansion of the existing; .scrap metal business to include auto wrecking and salvage operations in an M -L, Zone,, which application was denied by the P`lanning:Commisson.: However, it was pointed out by.m . Meyer'that the existing scrap metal business is a non - conforming use and that auto;wrecking is ,not a permitted use i:n an M - zone.. He'suggested a zone change be initiated'by the applicant with the Planning Commission. Mr.' Robert Mackey, attorney representing.M Stack, appeared.before the Council to ask consideration to allow Mr;. Stack to operate the business, .whidh, he added, was purchased on the basis of obtaining .the transfer of the . business license. •He.stated that the scrap metal 'business operated, • by. the former owner included auto wrecking. ' •" Mr. James Ki1dow,'1025 Lakeville Highway, pre- sented a protest of the application filed by Mr. Stack. -for a use ;permit to. permit buying disabled cars and trucks for scrap and sale of used parts in an M -L zone located at 815 Wilson Street,. .Said protest signed by 6 business firms in'the•area, was read and filed. Mr. Kildow spoke in support of the protest. . Claim - Mildred J. Res. #5002 Considerable dscussion_ followed in which Planning Director Wm.. McGivern referred to his report to the Planning Commission recommend. - ing denial of Mr.. Stack's request.. It was. generally agreed by the 'Council that before, reaching a decision certain technical points regarding the former owner's operations require clarification in order to determine whether or not dismantling was conducted in con - junction with the scrap metal business. Vice Ma y Colin requested the City Manager and City Attorney_ to,research this matter together with related factors for a- report thereon at the next Council meeting. Claim filed by Mildred J. Cartwright for personal Cartwright injuries incurred.f.rom a fall, amount undetermined, NC,S submitted and filed, whereupon, Resolution #5'002 N.C.S -., denying, claim of Mildred J. Cartwright, was introduced by Councilman Joe'rger, seconded by Councilman-Brainerd,, and adopted by :5 af- firmative votes, 2 absentees. 13'A Annexations Mt..- Copy of' Board of, Supervisors of Sonoma County O r l '� - and E. 'Washing- Resolution #2.2 &5.2 authorizing and approving r Reservoir -the annexation of certain territory to the City 3� J ton Wate Sites. of Petaluma (East Washington and Mt. View Water Reservoir sites), read and.filed. 1 M June 3, 1968 Community Action Copy of Board.of Supervisors of Sonoma County Agency Resolution #2'298'5 calling a public hearing on June 11, 1968, at 2:;15 p,:m.. in the regular meeting room of the.Board of Supervisors in Santa Rosa the designation of a Community Action Agency under the' Opportunity Act of 1964, as amended, and directing notice thereof', read and filed. Vice Mayor Colin indicated he would attend the. public hearing. State Regional Copy of Resolution #68 =32 from the State Regional Water Quality Water Quality Board regarding "Statement of Control Board Policy with respect to Water Quality. Degradation caused by Dredging Operations in the San Francisco Bay Region, submitted and filed.. )4.1 PUC re Public Utilities Commission Notice of Hearing �p Let's Fly, Inc. on Monday,.July 1, 1968, at.10:00 a.m. in the Commission Court Room., State Building, 350 Mc- Allister- Street, San Francisco, California, regarding Let's Fly, Inc. for a Certifica -te of Public Convenience and Necessity, read and filed. Mr. Ray Boccaleomi,Reerdatiop Commission Chairman,, was present and suggested that the City be represented at the public hearing to support Let's Fly, Inc.`because of the importance to the community of the proposed service. Vice Mayor-Colin asked Councilman Lipman to secure information on the subject application for pre - sentation at the next Council meeting. Airport Study Letter from the City "of Rohnert Park with copy of.Resolution #68 -40 requesting the Sonoma -- County Board of Supervisors to buy and develop the Old Cotati Navy Auxiliary Air Strip as a County airport, read and filed. AB 1203 - Re Letter, dated May 17' 1968, from the City of Peace Officers Santa'Fe Springs urging passage of Assembly Bill Training and 1203 to insure that'adequate funds are pro - Standards vided for the future . of the Peace Officers Standards and Training read and filed. The letter was referred to'the City Manager for more information and report to the Council at the "June 17th meeting. AB 2017 through Letter, dated May 15, 1968, from the City of 2023 Irwindale= urging opposition to the subject .Assembly Bills which relate to consolidation, annexation and /or disincorporation of cities having a population of less than 2500, read And filed. It was decided that action be deferred pending furth_er'study of the subject Bills. ACA 30 Acknowledgement Senator Collier and Assemblyman Bagley regarding receipt of Resolu- tion #4983 N.C.S. supporting amendment to Assembly Constitutional Amendment No. 30, read and filed. ABAG Letter, dated May 23, 1968, from Warren Schmid, Executive Director, of the Association of Bay Area Governments, that Resolution #4986 N.C.S. withdrawing City of -Peta -luma membership was officially received, - noted and filed by the Executive Committee of ABAG at its regular meeting on May 16, 1968, and filed. 6 June 3, 1968 State Highway 12 Acknowledgement from the California Highway Council Invitations Vice; Mayor , Colin welcomed those: present in the audience who received, %Council invitations to attend tonight's meeting,. They were: Mr.'and Mrs. E. Yanke, 11 LaCresta.Drive, Mr, and Mrs. Donald Broadbent, 1313 Ramona Lane, Mr.. and Mrs. Carl Nielsen, 610 Eighth Street. Claims and Bills Res. #5003 NCS 0 ® Fire Alarm System Wastewater Treat- ment Plant Dedica- tion Maintenance Dredging Resolution #5003 N.C.S. approving claims and bills Nos. 1066 to 11,27"inclusive and,Nos..1882 to 1892 inclusive, was introduced by Councilman Brainerd,, seconded by Councilman Joerger,.and adopted;by the following vote: ..Ayes: Councilmen Brainerd, Cavanagh., Jr., Joerger and Vice Mayor Colin. Noes:, Councilman Lipman. Absent:Councilman Battaglia and 'Mayor 'Putnam. Councilman Lipman qualified his ";no" vote, by stating that he .objected to payment of Claim, #1073 issued. to Argonaut Constructors for settlement in regard to judgment in favor of Argonaut in.Superior Court, which case, he believed, should have been appealed. At the- request-of the City .Manager, a motion "was made by Counci'lman�,Joerger, and seconded by Councilman Lipman, withholding any further action on the.fire alarm system until such ti aS..the Pacific Fire Rating Bureau completes its survey of Petaluma. Motion carried unanimously. City that Plan 2: 00 - Manager Robert Meyer reminded the Council the dedication of- the Wastewater Treatment Plan is scheduled for Friday, June 7, 1.968, at P.m. Petaluma River City Manager Robert Meyer informed the.Council that the City Engineer is presently completing field surveys 'to, determine diking costs for the e. dredging work to be done. 'by the U; S. -Corps of Engineers. City.Enginder_David Young explained that the Corps has incr-eas its original, esti- mate of the total spols'storige area while the amount of land the City has.been able. to obtain has decreased, and in addition -, the Corps has indicated a problem with the-Northwestern Pacific Railroad Company's requirements. 1 1 1 Commission, dated May 24, 1;968, of Resolution #4982 N..C.S urging modification of present State plans for State Highway 1.2 from freeway to parkway, read and ,filed. "Hand -gat" Da:y' Director of ' Public ' Works .David Young _reported June 15, 19618 - that . the cons tructi.pn.' industry° in 'Sonoma County is going to have•a campaign during the week of June 15 -22, 1968, to, emphasize reduction of accidents" and will ,hold ceremonies at the Civic Square in Santa Rosa to "Kick - off'" the week's safety campaign. - The.City Manager was- asked to discuss the issuance of a proclamation, for this program with the Mayor. P - SB 624 Re Letter from Mayor Floyd H;. Hyde of the City of Mayo- Breed Formula Fre'sno urging opposition of Senate Bill 624 to Gas Tax Fund'Mones revise the.Mayo -- -Breed formula for allocation of ,Gas Tax Fund monies from the state highway program, -read and filed. , The City Clerk Was asked to send a letter to Senator Collier re- giiestng...hs, continuation. of. support of the Mayo -Breed formula. Council Invitations Vice; Mayor , Colin welcomed those: present in the audience who received, %Council invitations to attend tonight's meeting,. They were: Mr.'and Mrs. E. Yanke, 11 LaCresta.Drive, Mr, and Mrs. Donald Broadbent, 1313 Ramona Lane, Mr.. and Mrs. Carl Nielsen, 610 Eighth Street. Claims and Bills Res. #5003 NCS 0 ® Fire Alarm System Wastewater Treat- ment Plant Dedica- tion Maintenance Dredging Resolution #5003 N.C.S. approving claims and bills Nos. 1066 to 11,27"inclusive and,Nos..1882 to 1892 inclusive, was introduced by Councilman Brainerd,, seconded by Councilman Joerger,.and adopted;by the following vote: ..Ayes: Councilmen Brainerd, Cavanagh., Jr., Joerger and Vice Mayor Colin. Noes:, Councilman Lipman. Absent:Councilman Battaglia and 'Mayor 'Putnam. Councilman Lipman qualified his ";no" vote, by stating that he .objected to payment of Claim, #1073 issued. to Argonaut Constructors for settlement in regard to judgment in favor of Argonaut in.Superior Court, which case, he believed, should have been appealed. At the- request-of the City .Manager, a motion "was made by Counci'lman�,Joerger, and seconded by Councilman Lipman, withholding any further action on the.fire alarm system until such ti aS..the Pacific Fire Rating Bureau completes its survey of Petaluma. Motion carried unanimously. City that Plan 2: 00 - Manager Robert Meyer reminded the Council the dedication of- the Wastewater Treatment Plan is scheduled for Friday, June 7, 1.968, at P.m. Petaluma River City Manager Robert Meyer informed the.Council that the City Engineer is presently completing field surveys 'to, determine diking costs for the e. dredging work to be done. 'by the U; S. -Corps of Engineers. City.Enginder_David Young explained that the Corps has incr-eas its original, esti- mate of the total spols'storige area while the amount of land the City has.been able. to obtain has decreased, and in addition -, the Corps has indicated a problem with the-Northwestern Pacific Railroad Company's requirements. 1 1 1 7 June 3, 1968 1 1 Maintenance Dredging - He•informed Council that diking costs Petaluma River will be considerably higher originally anticipated, adding that all facts will be presented at the next Council meeting for consideration of the diking costs involved. As a matter of information, Mr. Young told the Council that the City obligated itself to provide spoils areas for the U. S. Corps of Engineers dredging projects as a part the U.S. Congress consideration at the time the Petaluma River was created as a navigation project and that any change in this policy would require approval by Congress. Vice Mayor Colin asked that proceedings be started to change the City's obligation in this matter. Royal Tallow Company Councilman - Joerger reported that a meeting will be held on June 6, 1968, with repre- sentatives of Royal Tallow Company and the Council Committee to review plans for odor control with their engineer. Library Merger Councilman Cavanagh, Jr., reported Library group. will have a meeting. 19th to review the final draft of merger proposal. Chamber of Commerce Rezoning - Denman Annexation #4 Ord. #900 NCS Maddalena Lot Split Councilman Lipman reported on the highlights of the Chamber of Commerce Board of Directors' meeting'. held today. He commented that the Youth Employment Service is ready to function as a job placement agency for girls and boys Under 18 years of age. A question was raised by Vice Mayor Colin regarding injuries on the job and Councilman Lipman indicated that he would relay the thoughts expressed to those in charge- the program for an ex- planation in the local newspaper. 12 Planning Commission Resolution #Z6 -68 recom- mending-the adoption of proposed amendment to Zoning Ord. f662 N.C.S. by reclassifying the area within Denman Annexation No. 4 from an R =1- 10,000 tone an M -L (Limited In- dustrial) zone, submitted and filed. Ordi- nance #900 N.C.S. amending the Zoning Ordi- nance #662 N.C.S'. as recommended. was intro - duced Councilman Cavanagh, Jr., seconded by Councilman Lipman, and ordered published by 5 affirmative votes, 2a&bsentees. tq Planning Commission report, dated May 27, 1968, approving.the Maddalena lot split subject to certain conditions, read and filed. City Manager Robert Meyer explained that Mr. Maddalena's appeal of the City Engineer's requirements for a minor lot split was referred by - the Council to the Planning Commission's recommendation is now being forwarded to the Council for final action. Planning Director °McGivern displayed a map of-the proposed subdivision which identified the location of the area. Director of Public Works David Young reviewed the re- quirement of a 15 -foot sewer easement to be provided along the entire northerly line of both parcels owned by Mr. Maddalena (pro- posed 4 lot subdivision), which requirement is being appealed by Mr. Maddalena. that the on. June the library rAW 91 E June 3, 1968 Maddalena Lot Split Mr. Edward Maddalena, owner, of the proposed (Con'tinued') subdivision, and his ,son Richard, • were present. Mr. Maddalena addressed the re- questing approval of the Planning Commission's recommendation regarding the sewer easement, i.e.-, a 15 -foot public utility easement be pro- vided,from "I" Street to the westerly boundary line of proposed Parcel No. 4. He also re- quested that the C_i,ty install the fire hydrant on "I"_Street required by the Fire Chief for the.first two homes in.the subdivision. He felt that this-hydrant would benefit other properties in the area. - Fo,llowing consideration of the facts presented and•a lengthy discussion on the matter, a motion was made by Councilman Joerger, and seconded by Council.man.Cavanagh, Jr., waiving all pub ' l c improvements, except that when Parcel 3 is developed, :Mr. Maddalena be required to in- stall a -fire hydrant in accordance with the Fire C h ief's r and upholding Planning Commision's Condition #2 and #3. Motion carried the.followinq vote: Ayes: Councilmen Brainerd, Cavanagh - -, Jr., and 'Joerger. Noes: Councilman Lipman and Vice Mayor Colin. Absent: Councilman Battaglia and Mayor Putnam,. Mr,. Maddalena was advised to contact the City staff regarding proper sewer connections. The City Clerk was directed to send a copy of the r ® aP °` minutes to..Mri Maddalena. ® Application - Planning Commission report, dated May 24, 1968, Taxi Cab Service approving the proposal of Mrs. Lois Reid to Res.. #5004 NCS Operate -a taxi cab service in Petaluma, read ` and filed: Chief of Police Larry Higgins' approval of said application, read and filed, whereupon Resolution 4` 5004 N.C.S:, granting a Certificate of Public Convenience and Necessity to Lois Pearl -Reid to operate a taxi service in the City of Petaluma, was introduced by Council- man Joerger,. seconded by Councilman Lipman, and adopted by 5 affirmative votes, 2 absentees. 1� Relocate T.V.,An P l a nn i ng Commission r.eport, May 2;3, 1968, tenna - Petaluma approving the request of Redwood Empire Title Gardens.S.ubd.. #2 Company, agent for Mr. Sidney Garfield, to re- locate a T.,•V. antenna for the residents of the Petaluma Gardens Subdivision., read and filed. Washington St. Widen- Plans and specifications the subject project ® ing, Modifications to submitted and filed. Director of Public: Works Existing Bridge, and David, Young presented plans.for Council review Construction of Paral- and explained some of the details.of' the lel New Bridge Across project, whereupon Resolution #500.5 N.C.S. ap- Petaluma River-Project proving plans nd.specifications for the subject No:GT5,6,7 -68 project and authorizing the.City Clerk to ad- Res. . #5005 NCS vertise bids for the work, was introduced by Councilman Lipman, seeonded by Councilman Colin,,:. and adopted by 5 affirmative vot - es, 2 absentees. 1 1 E June 3, 1968 Swimming Pool Fencing Ord_. #901 NC'S Upon the recommendation of Director of Public Works;`David Young,_ the latch required on the gate in,Section 2'9.2 "Gates" of the proposed ordinance. was. changed to 4 -1/2 feet above the ground level. I't was agreed to establish a $ =2.00 fee for' a permit to construct a swimming pool fence. Comments were heard from Ray B.occaleoni, Recreation Commission Chairman, Peter Pracchia, 167 Edith Street, and Mrs. Jerald Kostner, 1,337.Ramona Lane. Ordinance #90.1 N`.C.S. amending *the Petaluma City Code of 1958 by adding thereto Chapter 29 to regu- late the fencing of swimming pools, to require permits and to establish a fee therefor, was introduced Councilman Lipman, seconded by Councilman Colin, and `ordered posted by the following vote Ayes: Councilmen Brainerd, Joerger, Lip- man and Vice Mayor Colin. Noes: Councilman.Cavanagh, Jr. Absent: Councilman Battaglia and Mayor Putnam. Councilman:Cavanagh, Jr., stated that he would like,:to get some,reac:tion to this ordinance when considered for adoption at the next meeting, adding that he has heard some negative comments. License Agreement,- Resolution #5006 N.C.,S. authorizing the City 1 9dl Re July 4th Manager to execute license agreement for use Res. #5006 NCS of Fairground facilities on July 4, 1968, was introduced by Councilman Joerger, seconded by Councilman Brainerd,' and adopted by 5 affirma- tive votes, 2 absentees. 4 401 Land Acquisition - Resolution #5007 N.C..S. approving the acquisition La Cresta Tank Site of land for the La Cresta Water Tank site for Res. #5007 NCS the sum of $1,174.20, was introduced by Council - man Lipman, seconded by Councilman Brainerd, and adopted by 5 affirmative votes, 2 absentees. Mileage Allowance Resolution #5008 ' N.C. S. establishing mileage Res. #5008 NCS ' allowance at 10C per ile for use of private automobiles, was introduced by Councilman Colin, seconded by Councilman Cavanagh, Jr., and adopted by 5 affirmative votes, 2 absentees. Agreement - Resolution #5009 N.C.S. authorizing the execu- Wells Fargo Bank tion of an agreement with Wells Fargo Bank, a Res. #5009 NCS California Corporation, to provide for the deposit of Parking Meter revenue, was intro- duced by Councilman Brainerd, seconded by Councilman Cavanagh, Jr., and adopted by 5 affirmative votes, 2 absentees. Final Budget 1968 -69 Resolution #5010 N.C.S. approving and adopting, Res. #5010 NCS a final budget of the estimated amounts re- Xpa6f quired to pay the expenses of conducting the business of the City government for the fiscal year July 1, 1968, to and including June 30, 1969, was .introduced by Councilman Joerger, seconded by Councilman Brainerd, and adopted by 5 affirmative votes, 2 absentees. Reappointment - Resolution #5011 N.C. =S. reappointing Phil /o l Phil Talamentes to Talamantes to the City Water Commission, was Water Commission introduced by Councilman Lipman, seconded by Res. #5011 NCS Councilman Joerger, and adopted by 5 affirmative votes, 2 absentees. Agenda A motion was made by Councilman Cavanagh, Jr., and seconded by Councilman Brainerd, to add the next three items to the agenda. Motion carried unanimously. r June 3, 1968 Temporary Appropria- tion Ordinance Ord. #9'02 NCS- �/ and Acquisition - Wastewater Collection Facilities, Proj. #3 Res: #5012 NCS "Bill" Soberanes Res. #5013 NC'$' Ordinance #902'N.G.S.`'making temporary ap- propriations for current department expenses, chargeable to the appropriations of the fiscal year l- §68 -69 to cover necessary expenses of various departments'until the annual appropriation is in force,, introduced by Councilman Joerger, seconded.by'Councilman Lipman:, and ordered posted by 5:affirmative votes, 2 absentees. Resolution #5,012 N C.S. approving the acquisi- tion of .lands ' from , the McNear Company Corpor- .Ation for the sum of"$`8,273, was introduced "by, Councilman Brainerd, seconded.by Council- man Lipman j and 'ado,pt' d 'by 5 affirmative c vote's, 2 absentee's. Resolution #501"3 N * C;'S. commending "Bill 'Sober-,anes.for his devoted service to the City of Petaluma, was,:ntroduced.by Councilman Joerger, seconded by Councilman Lipman, and 'ad'opted_by 5 affirmative votes., 2 absentees. Ringing .of the .Bells The sugg,es'tion of Councilman Cavanagh, Jr., to publicize the of the Bells' ceremony on July 4th was referred to the'City Manager for a report at the next Council meeting. Adjournment 'There being no further busines's� to "come be- fore the Council,. the meeting was adj;.ourned at '.10 :45 o' clock 'p,m. to an 'exeuctve session.. V4k Mayor Ccd:in Attests City Cle k 1