HomeMy WebLinkAboutMinutes 11/04/1968/i17
MINUTES OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
November 4, 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 Carl
Young, Freewill Baptist Church.
Approval of Minutes Councilman Joerger requested the following
Director of Public Works David Young presented
several diagrams of the area involved and
described the proposed _s right -of -way required
for dedication along Petaluma Boulevard South
and " D" 'Street as imposed in Condition No. 1 of the
Site Design Review.
In response to-Councilman Joerger's inquiry regarding
the legality of dedicating land for street
widening purposes without compensation, City
Attorney Robert explai ned ;that. the. City of
Petaluma has authority to require such dedication
of land for street purposes on the basis that
the proposed use of a service station on the
property in question is'a new use and will generate
different traffic :movements and interfere with
the 'general traffic pattern in the area.
Mr. Norman Miller of the Union Oil'Company and
Mt. Robert Acorne, dealer and operator of the
proposed service station, were present in
support of the appeal to Condition No. 1 of
the site design review, clarifying that Union
change.in the last sentence under the item
"City of Tehachapi" Page 3 of the Minutes
of October 21st, 1968: "After the discussion,
at the request of Councilman Joerger, the
City Attorney was directed to prepare a
resolution supporting such 'legislation for
Council action at the next meeting."
Council Invitations
No one was presentrlinarespo se;t' t6nthe Council's
invitation to.attend tonight' meeting.
Petaluma Senior
Mayor "Putn°am welcomed the Petaluma Senior High
High School
students present ih the audience.
Students
Union Oil Company
Letter, dated October 24, 1968, . from N. H. Miller,
Res. #5111 NCS
Real Estate Representative, Union Oil Company
of California, appealing the October 22, 1968,
decision by.the City Planning Commission on
the Union Oil Company site design application
for property located on the northeast corner
of "D" Street and Petaluma Blvd. South, further `
stating that they believe No. 1 of
the. City Planning Commission decision requiring
property' dedication is confiscatory, read and
filed. The six conditions of the site design
review, approved by the Planning Commission
were read for Council information.
Director of Public Works David Young presented
several diagrams of the area involved and
described the proposed _s right -of -way required
for dedication along Petaluma Boulevard South
and " D" 'Street as imposed in Condition No. 1 of the
Site Design Review.
In response to-Councilman Joerger's inquiry regarding
the legality of dedicating land for street
widening purposes without compensation, City
Attorney Robert explai ned ;that. the. City of
Petaluma has authority to require such dedication
of land for street purposes on the basis that
the proposed use of a service station on the
property in question is'a new use and will generate
different traffic :movements and interfere with
the 'general traffic pattern in the area.
Mr. Norman Miller of the Union Oil'Company and
Mt. Robert Acorne, dealer and operator of the
proposed service station, were present in
support of the appeal to Condition No. 1 of
the site design review, clarifying that Union
//P
November 4 1968
Union Oil Company
Res. #5111 NCS
City o f 'P l ; acentia, -
Teenage Representation
3
State Division
Highways
Oil C "ompany is not oppos "ed to the dedication,
but expected compens "ation for the-.28'00 + • square
feet of 'land for the right -of -way.
Mr. Herold Mahoney, P- hillips Petroleum distributor,
was present and commented.in favor of Union Oil
Company. After cons,iddrab.le discuss "ion, Resolution
#511,1 NCS denying Condition No. 1 /imposed by the
Planning Commission in their site design review
with Union Company: 'Planning Commission Site
'Desi: n File No. 5..,100, waa intrq duce:d' b�y, C. uncil-
man ���}xSed�coe
Ayes Councilmen Battaglia, Cavanagh.; Jr.,
Colin a_nd _doerger'.
Noes Councilmen Brainerd, Lipman and Mayor
Putnam.
Letter, 'date`d October 21,• 196' &, and. copy of
R N,o. 6R8'. -R =160 of the :City Council.
of the City of Placent adopting; the "P`lacen is
Plan" for teenage representation on the Recreation.
and Parks Commission submitted and filed.
Reading of the letter 'was waived as copy of
the material was furnished -to the Council.
Mayor Putnam pointed 0 -dt that Mr. ,Floyd - Wynne,
President of the ClI amber_ of Commerce , and
several others have been contacted with a
view to broadly do: something to make *it possible
for teenagers to be involved, as in the
"Plancent`ia Plan"
Letter, dated October 24 196' from the State
Divi{s,ion of Highways, with Notice. to Bidders of
sale~. of `l'and (3699 acres located on westerly
side of Petaluma Blvd. North, southerly of
Magnolia Avenue) , submitted and filed, ht was
noted that the. City of Petaluma is not interested
in the purchase of the parcel..
Copy of applicati -on. filed with Alcoholic Beverage
Control by Charlene -and Lawrence R. Bernauer
,and-. the Southland Cor-porat on for Off -sale Beer
and .Wine' License for the 7 -11 Store., 430
Washington Street; approved by the Chief of
Police, Health Sanitarian and - Building Inspector,
submitted and filled,.
Copy of application fil with Alcoholic 'Bever'ag
Control by Wa lgreen Comp any for O.f;f- -sale.
Gene L ice nse .f :or W'algreen Company, :Petaluma
"Plaza; approved by the "Ch -i;ef of Police and Health
Sanitarian and s,ub:ject to approval by the Bui lding
Inspector upon completion of construction of
the building, submitted and filed.
Storm Drain - Letter, dated October 28,, 19,68, from Otto R.
H & 2n_d Streets Nati 355 Bonnie Avenue, :Rohnert Park, Calif
stating that considerable damage to his property
7� and 2nd. Streets resulted in the
9 ® past two winters due to inadequate storm
®� drainage faci.lit'ies at this location and
asking from the City to correct
the condition, read and, filed. ''Dixector of
Public Works D - avid Young reported that he
has discussed this matter with Mr. Nation
* (sufficient right-of-way shall be dedicated on
and "D Street to provide 43* feet of "right -of
the centerlines on each street,.together with
line return radius at the intersection of the
lines)
Petaluma Boulevard
-way measured from
a 30 -foot property
new right-of-way
.mss h�
YY
1
Novembe 4, 1968
Storm Drain -
H &, -2nd ' Str:eets
(Continued)
Control of Use of
Narcotics
Railr,-oad:.Crossing
Protection. NWP RR
Co. Res #5112 NCS
L:
on., several ; ;occa'sion,s - _and . suggested to the Council
that adequatestorm_ facilities be
co n -in the, next i capital ,outlay ,
program for this location - as-well as other
nuisance type storm drainage problems in the
City.
Mr. Young was asked to provide the Council
with the necessary" - information at the time, capital
outlay projects are studied. The City Clerk was
directed to answer Mr. Nation's letter.
Letter,•dated.October 24, 1968, from Mayor
Bollero of the City of Corona and copy of
resolutions urging ,the United States Congress
to consider the closing of the California -
Mexican border to American unaccompanied
minors and relating to the curtailment -of the
narcotics; marijuana and dangerous.d -rug problem
in California, - .submitted and filed.. Reading
-of the correspondence was waived. Mayor Putnam
noted that..the City of Corona reinforced
action - taken by the League of California Cities
at the conference in Los Angeles. The matter
was deferred for Council action at a later
date. .1 8
Letter :,. dated - October, 24, 1968, from: Mr...C..E -_ .
Neal,.:Vi.ce Pre.sident_and.General Manager -of the
Northwestern Pacific Railroad Company, proposing
agreement:to cover added.railroad crossing protectioi
at Washington Street and. "D =_' Street, read and filed -
Resolution #'5112.NCS authorizing execution of
an agreement with Northwestern Pacific Railroad
Company_ with: respect to.. the* installation of pro -
.tective..•devices .at the. "'D Street and Washington
Street crosslng:s_ in the of Petaluma, was
introduced by- :Councilman Lipman, seconded by
Councilman Colin, and adopted by 7 affirmative
votes..
Permit, dated October 29, 1968, from the U.S.
Corps_.of.Engineers. authorizing dredging and
construction launching: ramp and floats, read
and filed:
Letter,- dated.October 30, from Robert W.
Ch airman., :Northern.:California Citizens for
Freeways and.•Highways, urging passage of
Le vel - of.Service - Resolution to provide a
"modern-level of- service ".to all California
drivers , assure an uninterrupted
traffic L fTow.�on, - access to, the
],: eeway,. S,ysteT read and filed. The City Attorney
was directed, prepare: suggested resolution
for. Council. consideration- a,t the next meeting.
Motion to:reopenpprocee ding s to offer additional
tes- tmony= filed:�with the Public • Utilities Commission
by Let's=Fly; Incorporated ".in regard to a Certi
sate of Public' Convenience -and Necessity, read
and fd led -: = Motion, - was - made; by Councilman Lipman,, an(
se.con'ded = Count- lman= rBatt supporting the
pe Motion carried by 7 of r
fi:rmatiwe= votes' - - - - - -
Boat Launching
Ramp Facility
_California Freeway
System
Let's Fly, Inc.
L:
on., several ; ;occa'sion,s - _and . suggested to the Council
that adequatestorm_ facilities be
co n -in the, next i capital ,outlay ,
program for this location - as-well as other
nuisance type storm drainage problems in the
City.
Mr. Young was asked to provide the Council
with the necessary" - information at the time, capital
outlay projects are studied. The City Clerk was
directed to answer Mr. Nation's letter.
Letter,•dated.October 24, 1968, from Mayor
Bollero of the City of Corona and copy of
resolutions urging ,the United States Congress
to consider the closing of the California -
Mexican border to American unaccompanied
minors and relating to the curtailment -of the
narcotics; marijuana and dangerous.d -rug problem
in California, - .submitted and filed.. Reading
-of the correspondence was waived. Mayor Putnam
noted that..the City of Corona reinforced
action - taken by the League of California Cities
at the conference in Los Angeles. The matter
was deferred for Council action at a later
date. .1 8
Letter :,. dated - October, 24, 1968, from: Mr...C..E -_ .
Neal,.:Vi.ce Pre.sident_and.General Manager -of the
Northwestern Pacific Railroad Company, proposing
agreement:to cover added.railroad crossing protectioi
at Washington Street and. "D =_' Street, read and filed -
Resolution #'5112.NCS authorizing execution of
an agreement with Northwestern Pacific Railroad
Company_ with: respect to.. the* installation of pro -
.tective..•devices .at the. "'D Street and Washington
Street crosslng:s_ in the of Petaluma, was
introduced by- :Councilman Lipman, seconded by
Councilman Colin, and adopted by 7 affirmative
votes..
Permit, dated October 29, 1968, from the U.S.
Corps_.of.Engineers. authorizing dredging and
construction launching: ramp and floats, read
and filed:
Letter,- dated.October 30, from Robert W.
Ch airman., :Northern.:California Citizens for
Freeways and.•Highways, urging passage of
Le vel - of.Service - Resolution to provide a
"modern-level of- service ".to all California
drivers , assure an uninterrupted
traffic L fTow.�on, - access to, the
],: eeway,. S,ysteT read and filed. The City Attorney
was directed, prepare: suggested resolution
for. Council. consideration- a,t the next meeting.
Motion to:reopenpprocee ding s to offer additional
tes- tmony= filed:�with the Public • Utilities Commission
by Let's=Fly; Incorporated ".in regard to a Certi
sate of Public' Convenience -and Necessity, read
and fd led -: = Motion, - was - made; by Councilman Lipman,, an(
se.con'ded = Count- lman= rBatt supporting the
pe Motion carried by 7 of r
fi:rmatiwe= votes' - - - - - -
120
November 4, 1968
C1'a msaamd2B =11s Res olut :one4.::113h-016 -13'3 - Eipf . 5 r ff ngpci ar di}a ls:u 1sr-
Res. 45113 NCS' Nos. 20. 39,: �to220, 9. 7�inc:] iuss�ecandiT3os�n2 .I��4s=fo2.2141;to- 214:1.
znc^.1rsJ_�-e, iia.... ;inclusive, was .i`ntroduced by Councilman Brainerd,
seconded, by Councilman'Lipman, and adopted by 7
affirmative votes._
0
Conference - Modern- City Manager Robert Meyer requested Council members
izing State. and Local interested in attending, the State -wide Conference
Government co- sponsored,by the`Califor-nia Chambers of Commerce,
County Supervisors Assn.. 'and the League of Califor-
nia Cities to be held:at..the Jack Tar Hote in-San
Francisco on Friday, November 22, 1968, to advise
his office so that the necessary reservations can.
be.made.
- Gliamber of :Commerce
U
.`
Down townRedeue;lop-
ment. Committee
4q
Rezoning E..
ton &.-.McDowell
North
Ord. 4914 NCS
Councilman Lipman reported on the highlights of
the Chamber -of Commer:ce..'Board of Directors' meeting
held today. He; stated that the Board has asked
the .Council to defer, action on the.Lib;rary merger
matter for study.of the pro,posal.,,by their. group?.'
Cournc"lman Lipman also. presented a copy af..the Chamber's
Standard Industrial ' Survey .Summary Report` and a
brochure .on. !Sh f,o,r ,Council information -.
The ,City Clerk. was. directed to obtain sufficient*
.copies of.the material for distribution to the
Council
Councilman - Cavanagh, Jr,.,_requested a status report
from- the_.Downtow,n Redevelopment Committee of the
results of the September. 24., 1968, letter involving
a survey of the P:etaluma''s. Core Area Plan for
redevelopment „_ adding' that .hack of information on
this ' s.urvey .is one., of the weaknesses of the
.Councilman Colin,. Chairman, of the subject Committee,
indicated that f'urthe'r_ evaluation of comments made
by individual ,.on reply _car.ds is required and that
a report would-be released upon conclusion of this
process... Mayor Putnam added that the
Comm: ttee- is working in- :good faith and is making
an honest effort.to present a report to the Council
as soon as it is ready.
Wash ing= P1anntinlggComini's s� onmsRes,o ution #Z12 -6.8 recommending
Blvd, the adop.tion; .o'f proposed. amendment to Zoning Ord.
#662 NCS by•;rec`lassify;ing a portion of Assessor's
Parce #7- 3,40- 01..from an R- 17600 zone to a C -C
(Community 'Commerci;al) zone, (a 1.7 -acre site lo.cated
on the northwest corner of. Washington Street.
and McDowell Blvd,. North,).- read and filed. The
City. Manager noted that the: subject matter is a
re'application.fo;r rezoning because of the Reversion
-to original ,Zoning. Classification .chapter in the
&oning Ordinance,, whereupon Ordinance #- 914
ame nding 'Zoning - Ord. 4662. NQ,S as recommended, was
introduced.by Councilman Lipman, seconded. by
Councilman Cavanagh, was ordered published by
7 affirmative votes.
Vehicular Rentals
Planning - Commission ?Resolution #20 -68 finding
of fact and adding a permitted use, that .of'vehic-
ular rental (limited passenger vehicles only') ,
to the list b.f permitted- uses established for the
C -N (Neighboxhoo.d, Commercial:) and C =H (Highway .
Commercial,) Zones';,.' submitted: and filed. Letter,
dated_ October 3;O, 19 8,, from Arthur L. 'Lafranchi
of Lafranch- &-Moses, Attorneys at Law, appealing
the decision' of the P- l- annin.g Commission on October
2 . 2 1 , 196 with reference to the amendment:to the
Zoning Ordinance adding "vehicular rentals” as
a permitted use ..in a C -N ;zone,, and petitioning the
, Council to overturn the decision of the "Planning
Commission and to refuse_ inclusion of vehicular
rentals in a C - `N zone, read and filed:. Mt. .La-
franchi was present in s'up.por-t of the appeal. Mr.
David T'raversi, Attorney -at -law, representing
19 1
A_
�-
November 4, 1968
Vehicular Rental's
the appli -cant, appeared;before: the Council stating
(Continued)
that he had not received proper notice of the appeal
filed with.the Council and that it would be con-
sidered at tonight's meeting. Due to this fact and
with the approval.of the applicant and the appellant,
the 'sub;ject matter and appeal were continued to the
next Council meeting.
a.
Library
At the request of the Chamber of Commerce Board
of Directors,,' consideration of the proposed County
Library merger was deferred. Councilmen Cavanagh,
J.r.,,. and Lipman were asked to develop a program
ofi ;-a -t -c _ ation for all those interested to
further explore the aspects of the merger proposal.
City. L brar- ani, expressed approval of
the deferment.'
Mary Street Parking
Plana and- s;pecif,ication`s'` for the subject project
Lot Improvements,
pre:pared the Director. of Public Works submitted
- - .Proj- .- PM1 -'69
and fi.led. Director of Public Works David Young
Res. #5114 NCS
presented a..plan of the parking lot for Council
=.
informati,on','.whe'reupon Resolution #5114 N.C.S.
approving Mary Street Parking Lot Improvements,
Project ~• - #PM %l -69 "�' '..Nand" authorizing the City
Clerk to' advertise. for b: >d's for the work,
was in;t'roduced: by' Councilman Cavanagh,
-Jr.;
seconded by Councilman Lipman and
adopted by affirmative votes.
Setting Plan Lines
Proposal•,, dateddOctober -29, 1968, received from
Res. 4;5115'NCS
;Whitlow,. Hoffman and.Albritton, for preliminary
engineering- services ' in,-connection with the - City's
long range intention to Washington Street and
Pay.r:an' Street:.and to- construct Caulfield Lane, sub-
mitted and filed. Resolution #5115 NCS employing
Whitlow, Hoffman and:Albritton for the purpose
of furnishing engineering services, was introduced
by.- :Counci:lman' , Colin,.,,; seconded by Councilman Joerger,
and adopted by 7- affirmative votes.
East Park Subd. #.4
Report', datedtNovember 4, 1968, from Director of
Res.. #5116 NCS
Publi.c. Works.D'a�vid-.Young certifying to the comple-
tion of.public improvements in the subject sub-
divs'ion and recommending acceptance with one
provision, read and filed. Resolution . #5116 N.C.S.
accepting completion ;:-of. work required, in East Park
Subdivision Unit #4,, was introduced by Councilman
Cavanagh, Jr.. , :seconded by Councilman Lipman, and
adopted• by. 7 affirmative votes.
Expansion of Pe.talu�_Report, dated October.30,, 1968, to City Manager
ma Fire Dept.
Robert- H 'Xeyer?fr`oin_. Fire Chief Roscoe Benton on
Facilities..-
Future Fire Station , submitted and fi.led.
Res. #5117 NCS
Fire Chief.-Benton appeared before the Council to
request`Council consideration of retaining an
architect to design expansion-of the existing Fire
;Station located at "'D" and Second Streets. He
also.spoke of the future needs as outlined in his.
report for adequate fire protection in the City by
recommending that land be purchased on South Mc- -
Dowell Blvd. to provide for facilities east of the
freeway. Following a brief discussion, Resolution
#5117 N.C.S. authorizing the City Manager to
employ-an architect to prepare plans and specifi-
cations for the remodeling and expansion of the
Fire Station at Second and ''D" Streets, was
- -introduced by Councilman Brainerd, seconded by
Councilman Cavanagh, Jr., and adopted by 7 affirma-
tive votes.-
122
November 4, 1968
�'- Exp'ansibh o -f 'Petaluma
At the request of Councilman Cavanagh, Jr., the
Police -Dept. Facilities
Cit— Manager was asked to prepare a report on the
expansion of tle'existing Police Department
facility for Council cbhsiderati'on.
Taxicabs - Requirements.
Ord ndnc-6 #9,15eN.L..S. amending_ Chapter 24 of the
and Fee
Petaluma City Code of 19 °58', Article III, Sections
Ord. #915 NCS
24.63,(a)', 24. . 2A.6.7 and 24.68 thereof, to
provide for the governing of requirements of
drivers 1 . licenses and" the fee to be paid by
persons desiring to operate taxicabs for hire
within the City .of: 'Pe;talum'a,, was introduced by
Councilman Joerge r, seconded by Councilman Lipman,
p d by 7 affirmative votes.
and ordered- posted
Weed Abatement
Res. #5118 NCS
that the weeds
growing 'and. the rubbish, refuse and dirt existing
Upon 'the streets, :parkways, sidewalks arid parcels
of pr va:te property, referred - to oft a list of "lots
requiring abatement.,,,' constitute and are a public
nusiance, was introduced. by Councilman Lipman,
seconded, by^.Councilman Joerger, and adopted
by 7 'affirmative,' votes.
Penal Legislation
Res.o- lotion #5I1 "9 .'N,.:C. S,. recommending penal
Res. #5119 NCS
legislation. was introduced by Councilman Joerger,
`
'seconded. by - Councilman Cavanagh,, Jr.,, and adopted by
7.aff`rmative votes. It was noted by Councilman
Joerger'that'this recommendation for legislation
pr oUlde$ 'for a minimum sentence of five years' f o r
the cony :ct .on of.' any person who .commits' a battery
with a deadly.. weapon or instrument upon - a "peace
officer for fireman;. Mayor I Putnam_ stated that a
letter incorporating the: reasons for this.
recommendation will be sent with a copy of the
resolution to' members b'f the State Legislature
mentioned in the resolution.
Petaluma River Dredging.
Resol,uti•on #512:0 NCS authorizing, the execution
Agreement - P.G.• &. -E. Co.
- of a, contract with Pacific Gas & Ele ctric Company
Res.. , #5120 NCS
to pay for the cost installing concrete stand
pipes; and gre >ase risers, was introduced by ;Council -
Man. Lipman, seconded'. by Councilman Brainerd, and
adopted by 7 affirmative votes. (Contract in connec-
tion with Petaluma .Rive'r Dredging project.)
.Study Session
It was dec ded by the Council to hold a ;study
session. at 7.:30 p -.m.* on, Tuesday, November 12, 1968,
to, consider, the ,following two topics -: Appeals.
procedure and a.poli.cy on street rights -oaf -way.
Adjournment
There being no further busine.s's to come before the
Council, the. meeting was adjourned at 10:45
o' clock p*. m'.
Attes
City Clerk
1 �'