HomeMy WebLinkAboutMinutes 06/10/1968f�
MINUTES OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
June 10, 1968
Council Meeting Special
Petaluma
the hour
Attendance Present:
Absent:
neeting of the Council of the City of
called to order by Mayor Putnam at
of 7:30 o'clock p.m.
Councilmen Brainerd, Cavanagh, Jr.,
Colin, Joerger, Lipman and Mayor
Putnam.
Councilman Battaglia.
Notice of the Call Notice of the special meeting called for June
10, 1968, the certificate of the City Clerk
of the delivery of said notice and consent of
the members of the holding of said meeting, sub
mitted and filed.
Purpose of the The meeting was called to consider and act
Meeting upon a request made by William Foster and
William McDevitt with regard to sidewalk
and street improvements required by the City
in connection with the Henny Penny Restaurant
located at 4995 Petaluma Boulevard North.
Henny Penny
Letter, dated June
4, 1968, from Attorney 41
Restaurant -
John J. King, Jr.,
representing Mr. William
4995 Petaluma
Foster et al, owners
of the subject restaurant
Boulevard North
who are dis,putinq
the City's requirements
to reconstruct the
street and construct a
sidewalk in connection
with said development,
requesting that the
Council consider the
posting of a bond
or depositing of cash to
insure completion
of said improvements upon
resolution of the
legal issue involved,,,.,read
and filed.
Mr. King addressed the Council and reviewed
the details of the letter and request.
Messrs. Wil,liam,Foster and William McDevitt,
developers of the restaurant were also present.
After some discussion, a motion was made by Coun-
cilman Colin, and seconded by Councilman Lipman,
that the developer install the curbs and gutters!
eliminate the sidewalk and street improvements
pending either an agreement between the City
Attorney and the developer or through court
action; that cash,in the amount of $5,300 be
deposited with the City's Finance Director in
behalf of the developer and that said developer
receive all interest earned; that a sixty -day
period be given to negotiate in an attempt to
resolve the matter plus ten days in which to
file legal action if necessary, and if legal
action is not filed, the deposit to be for-
feited; that upon compliance of these conditions
and when the project is ready in all other re-
spects, i.e., with the Water, Building, etc.
Departments, an occupancy permit and an ex-
cavation permit be authorized; that if litiga-
tion is commenced, the money would remain on
deposit until such time the litigation is
finally resolved; and, that the developer
agrees to pay reasonable City Attorney's fees
in the event the matter has to be litigated
assuming the City is the successful warty in
the litigation. Motion carried by 5 affirmative
votes, 1 abstention and 1 absentee. Councilman
34
Henny Penny
Restaurant —
4995 Petaluma Boulevard
North
Adjournment
Joerger abstained. He stated that
he,is involved in the development.
There being-no further business to
come before the Council, the meeting
was adjourned at 8:10 LL o'clock p.m. to
a study session.
J O jz�
Mayor
Attest-
City Cl r - k
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