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HomeMy WebLinkAboutMinutes 08/19/196871 MINUTES.OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA August 19, 1968, 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, Cavanagh, Jr., Colin, Joerger, Lipman and Mayor Putnam. Absent: None. Invocation The invocation was given by Reverend Larry Carolan, St. Vincent's Church. Council Invitations Mr. Albert B. Onkels, 216 Jeffrey Drive, Mr. Lester V. Martinson, 225 Kentucky Street, and' Mr. and Mrs,. Ernest- Fadelli, 1005 Phillips Avenue, were present.-in response to the Council's invitation to attend tonight's meeting. Approval of Minutes The minutes of August 5 and August 15, 1968, were approved as recorded. Redwood Empire Assn. Letter, dated August '2, 1968, from Carney J. Campion, General Manager, Redwood Empire Association;, inviting the Council to attend a testimonial dinner for T. Fred Bagshaw, Assistant Director, California State De- partment of Public Works at the Del Norte County Fairgrounds, Crescent City, on Saturday, September 21, 1968, read and filed. SB 592 Letter from Clair W. Burgener, 38th Senatorial (Brown Act Amendment) District, explaining Senate Bill 592 which amends the Ralph M. Brown Act, submitted and filed.: City Robert briefly reviewed the amendment for Council infor- mation. PUC Public Utilities Commission Order Instituting Investigation for the pu pose of establishing a list for 1.969 of railroad grade crossings of city streets or county roads most urgently in need of separation or existing separations in need of alteration, read and filed. County Surplus Letter, dated August '7, 1968, from Super - Property visor Leigh Shoemaker, offering for sale to the City of Petaluma a parcel comprising of 1.55 acres located'on Lakbville Highway near the U.S.. 101 Freeway and the North- western Pacific Company, read and filed. Director of Planning McGvern re- ported that the staff inspected the'parcel in question and concluded that the parcel would be of little value to the City, whereupon a motion was made by Councilman Colin,,and seconded by Councilman Brainerd, directing that a letter be sent to Supervisor Shoemaker stating that the City of Petaluma is not interested in the subject parcel. Motion carried'. unanimously. Mayor Putnam requested that the express appre- ciation to Supervisor Shoemaker for offering the land to the City before any decision was made by the Board of Supervisors. 72 4 ugust 19, 1968 Codes Advisory Board of Sonoma. County 31 � Mayors,' and Council- men's As sociation. 'GI 60 Petaluma Core Area Parking Plan Letter from.0 .E. Barnhart, Secretary, Codes Advisory Board of Sonoma County," expressing gratitude ',for- • the sincerer IzIcooperation- and ` sup- port provided -by A. J.. Oberto of the Building. Department, adding that Mr. oberto' s 'reque,st to be relieved, of beirng secretary for the subject Board was ;. granted with deep .regret, read and filed,, . Letter, dated•'August 9, 1968, from Cha °irman. Helen Putnam and Vice- ,Chairman Talbert -Bean of the subject Associati appointing John D. Nolan, Administrative Assistant for the .City of Petaluma, as the recording and corresponding secretary of the group for this fiscal year, read, and filed. Letter, August -1.2, 1.9'68; from Elton Waggener Company, opposing the. propQa4ls of thee, subject parking plan, - read and f'i'led. Claims and - Bl;l,s; At the,, reque.st.•of Councilman Colin; Director Res. #.5;062-NCS bf Public Works David Young was directed to pre's`ent .a pro' re'ss report, at the next Council meeting on "Wastewater Collection Facilities; Project Unit No. 3" contract. Resolution #5062 N.'C.S.;.approving claims and bills Coordinating Council -'Mayor. Putnam reported on the s of Higher Public thesCoordinating Cqunc:il for Higher-Education Education held in San. Francisco on Augus`t..'7 -,, 1968. She-re-T' S Viewed' the highlights °presented at the meeting. Monarch Pacif'i.c Planning Commission 'Resolu,tion #'13. -6 °8 approving Units 4, 5 and 6 tentative map of' Monarch Pacific Units 4,,, 5 and 6 (locate'd.9betWe.6hi South McDowell Blvd and Lakeville Highway'.) , submitted. and .filed. Planning Director McG'ivern explained the location of the area,. Nos.' 1524 to 1614, inclusive and' ,Nos . 1,987 to, `2'018 inclusve,.-was introduced by Council -man Lipman, seconded by Councilman Brainerd, and adopted by 7 'affirmative* votes. ®Ambulance - 1968' Fire Chief Ross Benton. reported that the new ambulance has been - delivered,, accepted and was pit into service 'late this afternoon. .Pioneer Shell Company Planning Director Mcdivern reported than an in- spect on was made today 'by the, Building Depart - ment o.f the equipment instal =led at the Plonee.`r . Sh ell Company to eliminate dust em itti ng fr the plant s. operations. He stated th °at the, entire probslem has not been ;solved_ but has diminished and estimated. that the dust `has, been eliminated-,by about sixty percent. Con- siderable discussion followed on. whether tto file legal .aeti�on` to 'abate the nuisance or to-' grant- an extension of time to find- out more about the effectiveness. of the 'operation of the .equipment.. I was• agreed' by the Council that Drector'of Public Works David.Young accompany Councilmen Joerger and Battaglia -to review the instal lat'ion at the plant and to d:i,s.cus.s with, the', owner the matter o`f his pro- posal to 'eliminate the problein, and report there- on the September- 3rd, Council meeting'. Mayor Putnam asked .that very careful. ,attention be given to, the matter of complaints received regarding the: plant. Coordinating Council -'Mayor. Putnam reported on the s of Higher Public thesCoordinating Cqunc:il for Higher-Education Education held in San. Francisco on Augus`t..'7 -,, 1968. She-re-T' S Viewed' the highlights °presented at the meeting. Monarch Pacif'i.c Planning Commission 'Resolu,tion #'13. -6 °8 approving Units 4, 5 and 6 tentative map of' Monarch Pacific Units 4,,, 5 and 6 (locate'd.9betWe.6hi South McDowell Blvd and Lakeville Highway'.) , submitted. and .filed. Planning Director McG'ivern explained the location of the area,. 73 Cemetery Res #5063 NCS Re- zoning - Sanderson Property Old Redwood Highway ,Ord. #908 NCS` (First Reading) Gardner Property 236 - Petaluma Blvd. No. Henny Penny Restaurant Agreement August 19, 1968 Planning Commission-,Resolution #14 -68. recommending to the City Council the acceptance of Cemetery Lane for mainten- ance upon certain conditions, submitted and filed, - whereupon Resolution #5063 N.C.S. of Intention accepting Cemetery Lane as recommended, was introduced by Council- man Lipman., seconded by Councilman Brainerd, and adopted by 7 affirmative votes. 'Planning - Commission Resolution #Z8 -68 g recommending adoption of proposed amend- ment to Zoning Ordinance #662 N.C.S. by .reclassifying'Assessor's Parcel #7 -411 -6 from an M -L (Limited Industrial) zone to a C -H ('Highway Commercial) zone (McDowell .Road and 'Old Redwood Highway), submitted and filed. Planning Director McGivern displayed a map of the area pointing out that -the proposed rezoning would improve the - deficiency* in the zoning boundaries in the area.- Councilman Joerger expressed concern regarding• over- abundance of commercial--property in the area, and after some discussion, Ordinance #908 N.C.S. amending Zoning Ordinance #662 N.C.S. as recommended, was introduced by Councilman Lipman, s*econded'by Councilman Cavanagh, Jr., and ordered by 7 affirmative votes. City. Attorney Robert reported that a demolition permit was issued to Mr. Gardner, and Councilman Colin-added that demolition of the structure on the subject property started today. City Attorney Robert reported that a recent letter received from John J. King; Jr., stated that pursuant to the subject written agreement, he tas filed an. action for 'Declaratory Relief on behalf of :the owners 'on July 8, 1968, and -that service •of the summons and complaint,. has..•been withheld until settlement possibilities have been -explored.- Mr. Robert was asked to -keep the Council informed on the matter. s� ­ L , 71 1967 -68 Water Main Certification of'Completion, dated August Construction Program, -15, 1968, from Director of Public Works COP- 18 -66, _2'7- 66,29 -66 David Young, of the subject project, read Res. #5064 NCS and filed., whereupon Resolution #5064 N.C.S. accepting completion of contract known as "196 -1968 Water Construction Program, COP .18 -66, 27 -66 and 29 -66," was intf by Councilman.Lipman, seconded by Councilman Battaglia, and adopted by - 7 affirmative votes. Assessment Distr`dt' Director of Public Works David Young report, #9 N.S. dated August 1.6, 19`68, certifying that Res. #5065 NCS the contractor for the subject District ha° completed `- he'contract work in accord - ande,with the plans and specifications, re- que'ting that the Council take action on Change Order #1 in the amount of $3,199.02, and - explaining the two -year cash bond to be furnished by the contractor to guarantee repair of possible street failures, read and filed. Following Mr. Young's explanation of the change order, a motion was made by W August 19, 1968 Assessment District #9 N.S. Res. #5.065 NCS �ly Outside Sewer - Mrs. Wm. L. Peck Res. #5066 NCS Councilman Colin, and seconded by Councilman Joerger, that Change Order #1 in the amou of $3,199,.02 be accepted. Motion carried unanimously. Mr. Young also reviewed, the balance of the proceed - ings involved in the completion of the project, whereupon Resolution #5065.N.C.S. accepting work and directing the City Clerk to record Notice'of Completion for the subject District, was intro- duced by Councilman Lipman, seconded by Council- man Battaglia., and adopted by 7 affirmative votes. Application #80`5 filed by Mrs. William Peck, 640 Sunny:s;lope Avenue, for outside sewer con- nection for one single - 'family dwelling, sub - mitted and filed.. Director of Public Works David Young report, dated August 15, 1968, recommending that the sewer connection be granted, read and.;f,.iled." It was noted by Mr. Young that the subject parcel is not included in the area being considered for a sewer assessment district in the County. It was decided to include the provision that the app"li :cant- commence annexation proceedings as soon as legally -feasible. However, Mr. Young recommended that the public improvements be constructed prior to the annexation.. After a brief; discussion,.Resolution #5066 N.C`.S.. granting the appl ication of Mrs.. William L. Peck to connect one (1) residential outside" sewer connection at premises located at 640 S, unnyslope A -venue, was introduced by Council- man Battaglia, seconded by Councilman Brainerd", and - adopted by 7 of f irmat votes. Monarch,P`acific, Letter,, dated August 7, 1968, from Atlantic Unit #4 and Pacific Building Corporation to Director of Public Works David Young requesting the City allow changes in the,Master Sewer Plan by permitting Mo n a r c h Pacific #4 development to construct an 8 -inch sewer - on McDowell Blvd. going southeast from the present H.3­18 inch sewer in lieu of the 12 inch, `20 foot(-"deep, sewer which will service lands to the north- east of McDowell Blvd,., and to construct a 10 -inch sewer on.McDowell Blvd. "going north- west from t°he present" H.3 -18 inch, line in. lieu the .M.1 -12- sewer, and`fu her request - ing to enter into a sewer main- extension reim -. bursemen,t agreement, read and filed. Mr'. Young showed a map of the location the various, sewer mains involved and explained the details of. the. request, whereupon a, motion was. made by Councilman Joe,rger, seconded by Councilman Colin, accepting Atlantic and Pacific.Building Corporation's proposal. Motion carried unani- mously,. It was noted that the request for a sewer refund agreement would be considered at a later , date . Pedestrian Safety Police Chief `Larry Higgins presented a. Citation Pedestrian Safety Citation f.or '1967 awarded to the City by the American Automobile, Associ- ation. The Mayor added that American Automobile Association.District.Manager J. E. Snyder commended the':Poli'ce Department for its good work in achieving the award.. 1 75 August 19, 1968 Rules and Regulations - Police Department Res. #5067 -NCS Tax Levy Ordinance Ord. #909 NCS (First'_.Reading) 0 , ..&A Police Chief Larry Higgins presented re- vised Rules and Regulations for the Police Department, which he stated is Part I of three parts, whereupon Resolution #5067 N.C.S. approving Rules and Regulations for the Police Department, was introduced by Councilman Battaglia, seconded by Councilman Brainerd, and adopted by 7 affirmative votes. After discussing details of establishing the tax rate with Finance Director Cecil Gealta, Ordinance # N.C.S. levying rates of taxation upon the assessed valuation of the property in the City for the fiscal year July 1, 1968, to June 30, 19;6;9, was 'introduced by Council- man Battaglia, seconded by Councilman Brainerd, and ordered published by 7 affirmative votes. Add Conditional Ordinance #905 N.C.S. amending Zoning Ordinance Use to Zoning Ord,. #662 N.C..S. }v_amendin Article 6, Section 6- Ord. #905 NCS 403, to add %in cj8i with retail (Second Reading) stores and restaurants when incidental to and in the same building as commercial use to the list of conditional uses estab- lished for C -H zone or district, was in- troduced by Councilman Colin, seconded by Councilman and adopted by 6 affirmative.and 1 negative votes. Council- man Lipman voted "no ". Uniform - Plumbing Code Following discussion of the proposed 1967 Edition Ord. #906 NCS changes and square footage fee schedule included in the subject ordinance with (Second Reading) Building Coordinator McGiverp, Ordinance #906 N.C.S. adopting as a primary plumbing code the Uniform Plumbing Code published by the International Association of Plumbing and .Mechanical Officials, 11th Edition, adopted by the 37th Annual Conference, 1967 Edition, excepting certain sections thereof, excluded and amended as herein provided; adopting as secondary codes to said primary code certain publications referred to in said primary plutnb.ing code; providing for the protection of the public health and safety;- requiring a permit for the installation or alteration of plumbing and drainage systems; defining certain terms; establishing minimum regulations for th'e• insaa- llation, alteration or .repair of plumbing and.drainage systems and the inspection thereof; providing penalties for its violation and repealing Ordinance No. 813 N.C.S. was introduced by Councilman Lipman., seconded by Councilman J.oerger, and adopted by the following vote: Ayes: Councilmen Brainerd, Colin, Lipman and Mayor Putnam. Noes: Councilmen Battaglia, Cavanagh, Jr. and Joerger. Additional Ordinance #907 N.C.S. to amend Ordinance Appropriations #872 N.C.S., as amended, to provide additional - Ord. #907 NCS appropriations for the fiscal year ended (Second Reading) June 30, 1968; was introduced by Councilman Colin, seconded by Councilman Lipman, and adopted by 7 affirmative votes. 1 1 Attes City Cle k. August 19, 1968 ire Hose ORes. Resolution.. #5068 N.C.S. au:thorizg' P in urchase of fire #5068 NCS hose for the,Fire was introduced by Councilman Brainerd,, seconded by Councilman Lipman, and adopted by 7 affirmative votes. XBbat Launching Ramp Resolution #5069 N.C.S. requesting the State Lands Facility Lease Commission to :leas,e approximately 4.41 acres of Res. #5069 NC,S land on the Petaliima.River for boat launching faci- lities, wa_s iftrod=uced by Councilman Joerger, seconded by Councilman Lipman, and adopted by 7 affirmative votes. V "VAdult Education. Councilman Joerger requested the Council to consider Boat Building amending the motion.made on 'March 4th setting forth Class a list of eight stipulations relative to the building- located at 315 Copeland Street to be used by Peter Pracchia - for an adult education boat building class. He explained that Mr. Pracchia has done most,of theT work to comply with, the stipula- tions but that there is - some confusion regarding Stipulation #5 - "Remove or repair deteriorated platforms, facia and a canopy," and suggested that the Council review this stipulation. for - possible amendment. He added that Mr. Pracchia has not asked for an ,inspection because all of the work, has not been completed.. Councilman Joerger furtYier stated that the Superintendent of Schools is requiring a letter from the City that all provisions for the building have.been met before Mr. Parcchia is permit- ted to commence the class. The suggestion for an amendment met with opposition due to the fact of the unknown condition of the platforms, facia and canopy. After some discussion, it was agreed that Councilman Joerger contact Mr.'Prac_chla.and: :advise him to in touch with.the Building Department and ask that an inspection be made, and that Building Coordinator McGivern report thereon at the next. Counci.limeeting. Agenda A motion was- made by Councilman Colin, and seconded by .Councilman; Lipman, to add the matter of an agreement for population estimate.to the agenda. Motion carried unanimously. Population Estimate-Resolution #5070 N.,C:S. authorizing the Mayor Res. #5070 NCS' . and. City` Clerk - to enter into a contra:ct,w.ith, the . .Depar:tment.of Finance of the State of Calif'or,nia . for the purpose of preparing a population estimate of the City of:.Petaluma, was introduced by Council - man Brainerd,,..se'conded by Councilman Colin, and adopted by 7 affirmative votes. Inquiry In answer to °an' .inqui•ry from Mr. Gunn in the audience, Director of. Public Works David Young explained the sewer , ser -vice charge and the ready to serve charge. Adjournment There being no further.business.to come before the Council,, the meeting was adjourned at 10 :15 o'clock p.m. Mayor 1 1 Attes City Cle k.