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HomeMy WebLinkAboutMinutes 11/18/1968MINUTES OF'MEET.ING' 'OF CITY COUNCIL PETALUMA, CALIFORNIA - November 18, -1968: Council Meeting Regular Petaluma the hour Attendance Present; Absent: Invocation Approval of Minutes Weed' Abatement: Res: #5121 NCS Mary Street Parking Lot - Project PM- 1 -.6.9 neeting, of the Council of the City called to order by•Mayor Putnam at of 7:3`0 o'clock p.m. Councilmen Battaglia, Brainerd, Cavanagh, Jr., Colin, Joerger, Lipman and Mayor Putnam. None. The invocation was given by Reverend Leonard Wallmark, Neighborhood Church. Page 2 under the item "Union Oil Company'" of the - November 4, 1968,.minutes,was corrected.to. read: - "'introduced by Councilman Joerger, seconded by'Councilman Battaglia." Under the same item, Councilman Colin requested that Site .Design Review Condition #1 be parenthetically included - in.the Council's action as follows,: "'After considerable discussion, Resolution #5111 N..;C.S. denying Condition #1 (sufficient right -of -way ,shall be dedicated on Petaluma Boulevard and Street to provide 43 feet of right -of = way - measured from the centerlines on each street, "together with a 30 -foot property line return radius at the intersection of the new right -of -way lines) imposed.by the Planning Commis'sion-in their site design review with Union..Oil.Company: Planning Commission Site Design.File No.,'5.100, was introduced by ... The minutes•of November 4, 1968, were then approved with the correction and addition. S511a This being the .time set, .for hearing of protest's on weed abatement, the City Clerk announced that one written protest was received.: Letter, dated. November 15.,1968, from William Gardiner, 105 Kelly Lane, protesting weed abatement service, Mead, and filed.. Those present and heard were: Mrs.. Katherin Swadley, 81 Aloha Court, Mrs. Mary Espinal -,-115 Howard'Street, and Mr. Harry Scoles, 6 West Street.. Fire-Chief Benton and Fireman T Inspector with the Fire Prevention • Bureau, were present to discuss the inquiries and protests.. _As no other protests were heard, the public hearing.was declared closed, whereupon Resolution #5.121 - N.C.S. ordering abatement of nuisances consisting:of weeds growing and rubbish, refuse and dirt existing upon the streets, side- walks,.parkways and parcels of private property in the :City of . °aluina and ordering the Fire Chief to_.remove said weeds, refuse, rubbish and dirt,, was.introduced by Councilman Colin, seconded.by Councilman Lipman, and adopted by 7 affirmative votes. 3 .The subject project was published in accordance With.Charter requirements. Director of Public Works•.David.Young, presented a summary of the .six bids received at the.bid opening on Novem- ber 115, 19.68, copy of which was submitted and filed. Mr.. Young reported that the lowest b_d received was approximately $1300 higher than Engineer's Estimate. He recommended that. the Council reject all bids and further recommended.that the work involved in Item 1 and ,3 be performed by the City crews and that the material to be furnished in Item 2 be solicited by a purchase order from a paving 124 November 1'8,. 1968 Mary Street Parking contractor. A motion was made by Council- Lot- Project.PM -1 -6.9 m4n.Joerge1, and seconded by Councilman ( Continued) Colin, to reject all bids and proceed as "recommended by the Director of Public Works. Motion carried unanimously. Appeal - An appeal filed by Attorney Lafr.anchi at Vehicular Rentals the November. 4 1968, Council meeting of Ord. #916 NCS the Planning Commission,'s decision to add vehicular rentals (limited to passenger vehicles.only) as a permitted use in a C -H zone and a C -N zone was continued at- this time. In response -to the Mayor, City Attorney Robert recommended that the proceedings start with the.appellant making his pre - sentation first. Attorney Lafranchi, representing the appellant.,: Barstone Corporation; developer of the Town ".and Country Center_ located at Petaluma Boule- var North and West. Payran Stree ".t„ request- ed Council consideration of a reversal of the order of'procedure.. Before.Council action on the request, Attorney Traversi, representing applicant Kenneth Styles, referred. to 'Sec:tion 16 =701 of Zoning Ordi- nance #662 N.C.S. requiring that an appeal specifically states that; there was; an error or abuselof discretion'by the.Planning Commis "sion or wherein its decision is not supported by the evidence in.the record;. He pointed out that Mr. Lafranchi's letter did not contain a reason or reasons for the Appeal.' Mr. Traversi also referred to Sec- tion 16 -100 of Zoning Ordinance #6.62 N.C.S. which he. claimed provides that adding per- mitted uses is final action of the Plan - ning Commission. He, asked that the Council .make.a determination whether the appeal can properly be heard. After some discussion, it was decided by the Council to waive the Irregularities and proceed with the appeal. Upon recommendation of the City Attorney, the appellant was asked to appear first. Mr. Lafranchi addressed' the Council and pre- sented facts- in .oppos;it - ion to the Planning Commission's decision. Mr. Gus Stonitsch and Mr:'Leon.Barlas of the Barstone Corpora - tion wer- e in behalf .of the appeal. Mr. Travers- ,.accompanied by the applicant, then presented facts in support of the pro - posed,permitted use. Upon conclusion of the.presentations, Plan - ning Director McGivern referred to his report submitted to the Planni "ng Commiss,ion regard- ing the subject matter. Copy of said report submitted and filed. _ discussion followed on the terminology "(limited to passenger vehicles only) ". Councilman Joerger questioned whether pick - up and.1 -1/2 ton trucks could possibly be regarded as passenger vehicles and felt that the terminology should be more clearly de f.ned.. When asked.of the Planning Commis- sion's of passenger cars, Chair- man Paul Stanley and Commissioner I Robert Koeni- tzer commented that they did not believe trucks would be considered as passenger cars. November 18, 1968 '5 AppeaLt- • Vehicular 7 entals Sewer. Refund Agree- ment - Sun Terrace Park After hearing all the facts, Ordinance #916 ilT:;C.S. amending Ordinance #662 N.C.S. by amending Article 6, Sections 6- 301(a) and 6- 303(a) thereof, to add "vehicular rental (limited to passenger vehicles only" to the list of permitted uses established for `the C -N and 'C -1 (Neighborhood Commercial and Highway Commerc=ial) zones or districts, was introduced by Councilman Battaglia, seconded by,- Councilman Joerger, and defeated by the following vote: Ayes: Councilmen Battaglia, Brainerd and Cavanagh, Jr. Noes: Councilmen Colin,,Joerger, Lipman and Mayor Putnam. (Action overrules the Planning Commission's decision) "No'" votes were qualified. Mayor Putnam commented on the very interesting questions raised'on the matter of zoning, particular- ly as to the.prec'ise kind of use that was going to be undertaken, recalling that at the start of the discussion, she had some geheral.questions on the matter - of the whole area of zoning to be looked at broadly. Councilman Colin stated that he did not be- lieve the proposed use was compatible with the shopping center development in the area. Councilman Lipman disagreed with Mr. Traversi that car rentals are as common as a or drug store or any use that might be more adaptable to a neighborhood commercial zone, adding that in older cities good planning is difficult and that good planning dictates the protection-of proper zoning. Letter, dated October 31, 1968, from Frank LaPointe of Sunco Development Corporation requesting consideration to enter into an agreement for the reimbursement of sewer main extension to Sun Terrace Park (located at the northeast corner of East Washington Street and Ely Road), read and filed. Direc- tor of Public Works David Young presented a slide of the area showing -the proposed ex- tension and asked for an indication from the Council whether an agreement would be ap- proved. A motion was made by Councilman Colin, and seconded by Councilman Lipman, suppor-tingthe- request for sewer- reimburse- ment agreement. Motion carried unanimously. .2 dIs Population Estimte Certification from the State Department of Finance that the population of Petaluma as of September'l, 1958, is 22,150. Petaluma Council for Letter from the Petaluma Council for Retarded Retarded Children Children regarding the "Light up the Tree for the -Retarded" at'the Antique Show to be held at the Fairgrounds on November 22 and 23, 1968, and inviting the Council to attend the annual dinner on December 6, 1968, at the Leo Lavio ranch on ":,D Street Extension, read and filed. Claims and Bills Resolution #5122 N.G.S. approving claims and Res. #5122 NCS bills Nos. 2098 to 2213 inclusive and Nos. 2142 to 2176 inclusive, was introduced by Councilman Joerger, seconded by Councilman Brainerd, and adopted by 7 affirmative votes. November 18, 19.68 o Petaluma. Public Library City Manager,,Robert ,Meyer referred to a letter received from Edna Secretary, Board of Library Trustees, requesting that the sum of $800 for shelving be,made available at this time rather than wait for the consideration of the Capital Outlay,Program later in the fiscal year. ..Letter submitted and filed. A- motion was made by . Counci,lman Colin,, and seconded by Councilman Joerger, approving the request for $8.00 and ,the, funds Ito be taken out of the General.Re.serve Contingency Fund. Motion carried unanimously. Conference - Modern- City Manager Robert Meyer reminded the Council izing State and Local members interested in attending the subject. Governments Conference co- sponsored by. -the California State Chambers of Commence, County Supervisors' Assn. and the.League of California Cities at the, Jack Tar Hotel in San Francisco on Friday, November 22, 1968, from 9,:30 a.m. to * p,m to immediately contact his office so that the necessary reservatlonsi can be made. City -Farm Dinner City Manager:Robert announced that the annual -City -.Farm Dinner will be held in Penn- grove on.Wednesday.night, November 20, 1968. Sonoma County Peace The, City Manager also announced that a meeting Officers''Assn. sponsored by the Sonoma County Peace Officers' Association will be.held at the Santa Rosa Veterans' Memorial Building on Wednesday, November 20, 196`8, at 8;00 p.m. The topic to be discussed,will•be "Parental Education on Drug Abuse." Annual Report The Annual,Report of.the City Clerk, for 1967- 19 =6:7 -1968 1968 was submitted and filed. ABC Application City Manager;Robert Meyer read a memo from '® Police Chief Higgins.which responded to Coun- Gilman.Lipman.';s question at the last Council meeting regarding the amount of time between the filing of an application for a liquor license and the-actual date the building is ready for use. The ABC office in Santa Rosa explained.:that 90 days is. added to the comp le- tion date -of the building, with time extended e if necessary, and -that the date of filing is of little , value. 0 Proposed ; Library ,Merger Councilman Lipman announced that a meeting with the Chamber of Commerce .Board of Directors, the City Council -and interested parties to discuss all aspects.of the Library merger has been tentatively set for December 5, 1968, at the Kenilworth Recreation Center. 30 Sonoma County Flood Letter;, dated. September 10, 1968 from the Control and Water subject District regarding the conversion of Conservation District agricultural water service to municipal water re Aqueduct Agreement sery ce.in with the Malacredi,pro- perty at.:85,E1y,•Ro:ad and the Christensen,-pro- perty at 2'88.-E-ly Road, submitted and filed. Reading of the letter was waived. Councilman Lipman reported that the Water Commission con- sidered the _ma;tter at its meeting last Wednes- day and recommended to the Council approval of the. proposal as outlined in th`e.District's letter. The City Clerk was directed.to write a letter to the District indicating the Coun- cil's support of the proposal. November 18, 1968 12 Rezoning - E. Washington Ordinance #914 N.C.S. amending Zoning and McDowell Blvd. No.. #662 N.C.S. by rezoning a portion of Ord. #914 NCS Assessor's Parcel 7- 340 -01 (a 17 acre site (second reading) located on the northwest corner of E. Wash- ington St. and McDowell Blvd. North) from an R- 1- 60:00 zone or district to a C -C (Community Commercial) zone or district, was introduced by Councilman Lipman, seconded by Councilman Cavanagh, Jr., and adopted by 7 affirmative votes. Taxicabs - Require- Ordinance #915 N.C.S. amending Chapter 24 ments and Fee of the Petaluma City Code of 1958, Article Ord. #915 NCS III, Sections 24.63(a), 24.66(d), 24.67 (second reading) and 24.68 thereof,.to provide for the �,. governing of requirements of drivers' licenses and the fee to be paid by persons desiring to operate taxicabs for hire with- in the City of Petaluma, was introduced by Councilman Joerger, seconded by Councilman Lipman, and adopted by 7 affirmative votes. Segregation of Legislatiori'on the subject matter was re- Assessments moved from the agenda for discussion at the next-study session. Compressor - Specifications fora compressor for the Public Works Dept. Public Works Department, submitted and filed. Res. #5123 NCS Resolution #5123 N.C.S. authorizing purchase of a compressor -, wa introduced by Council - man -Brainerd, seconded by Councilman Colin, and adopted by 7 affirmative votes. Appeals Procedure City Attorney Robert reviewed the appeals Res. #5124 NCS procedure outlined in the proposed legis- lation. Following some discussion, Resolu- tion #5124 N.C.S. establishing guideline procedures for the handling of appeals to the City Council from the administrative decisions of the City staff or decisions of any Commission, was introduced by Councilman Lipman, seconded by Councilman Brainerd, and adopted by the following vote: Ayes: Councilmen Battaglia, Brainerd, Colin, Lipman and Mayor Putnam. Noes: Councilmen Cavanagh, Jr., and Joerger. Cancelling Taxes Resolution #512.5 N.C.S. requesting cancella- on Certain Parcels tion of taxes on various properties acquired Res. #5125 NCS by the City of Petaluma (from the Golden Eagle Milling Co., Henry & Angelo Caletti, and Earl Swanson & Harold Cutler), was introduced by Councilman Lipman, seconded by Councilman Brainerd, and adopted by 7 affirmative votes.. California Freeway Legislation urging the establishment of a System "Modern Level of Service" for the California Freeway and Expressway System was referred to the Director of Public Works for his review and referral to Senator Collier for an opinion. Report thereon to the Council was requested. -14 Planning McGivern reviewed the 0 Denman Area Director of Rezoning Study Sonoma County Planning Commission referral considered and held over for further study by the City Planning Commission relative to the Aubrey Sanderson rezoning application for approximately 19 acres of land located in the Denman Interchange area from County M -1 (Light Industrial) to County H -1 (Highway Commercial) district. He stated that a com- prehensive zoning plan for the property in 128 November 18, 1968' Denman Area question and the surrounding area was pre - Rezoning Study pared jointly, by the County and City Planning (Continued) staf'fs.. This plan, Mr. McG'ivern added, pro- poses that 7. 1 9 acres of the 19 acres be re- zoned to H -1.. Mr. Sanderson was. present and - addres,sed the Council giving his reasons for the rezoning application. He requested the Council to consider a recommendation to the County to rezone the entire 19 acres. Following a brief discussion, it was; decided by the Council to hold an adjourned meeting on Wednesday before taking any action order to allow time for the City Planning - Commission to make a recommendation at its meeting Tuesday night. It was pointed out that_ the application will be considered by the Sonoma County Planning Commission on Thursday, November 1968. Council Invitations Presei,t- in response to the Council's .invi- taton to attend ; tonight's meeting were Mr., and Mrs.. Art Cerini, 1301 Schuman Rd., and Mr. and Mrs. Milt Whitt, 801 Cherry St. Adjournment There being no further business to come before _the:_ Council,..the meeting was ad- journed at,..10:45 o'clock p.m. to an exe- cutive session and to Wednesday, Novem- ber 20, 1968, at 4 :30 o'clock p.m. Mayor Attest. City Cler 1