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HomeMy WebLinkAboutMinutes 02/03/1969MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA February 3, 196 Council Meeting Regular-:meeting of the Council of the of Petaluma was. 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 Chaplain Malone, Two Rock Ranch Station. Pledge of Allegiance The Pledge of Allegiance was led by Boy Scout Keller McDonald. Approval of Minutes Mayor Putnam.reques; „ ted that the following addition . be made at the end'of the, first paragraph on Page 6 of-the Januar -y 20, 1969 minutes "Mayor Putnam asked both Mr.” Parent and. Mr. VanBebber "if they objected to the possible consideration of the" approximately 30` acres for rezoning instead of the total &0 acres`. Both offered no objections." _ TYie'min.utes of January 20, 1969 were approved as amended. Bby Scouts of America Mayor Putnam welcomed the many Boy Scouts in the audience who were present to observe Council procedure in preparation of Boy Scout Government Day :Februaryi.11, 1969;- Those-Boy Scouts who w ll in Government Day introduced, themselves and named the position they will be filling. Council Invitations Mr. and Mrs,: Forrest Frey, 118 Glendon Way re- ceived_'a Council invitation to attend tonight's meeting but notified they were unable to be present;:_ There no on& present in the audience in response to the Council's invitation. 3 Appeal- - The appeal filed by Humble:O.il Company of Plan - Humble Oil Co. ning.Commiss on Site Design Review Condition. No 2 delayed from January 20, 19'69 to February 3-, 1969 was again delayed to the Council meeting of February-17, 1969:at the request of the appellant. Contract - Boat- tetter,.'.d >ated 24., 1969, from H. Morgan Launching Ramp Facility Noble of Dames-and Moore, engineers of the subject Project project,,.requesting progress payment for services rendered. and,. unless received., work will have to be- stopped., read and filed. Recreation Director Sho.l.lenberger, explained that approval o:f the - City:'s request. to lease 4.41 acre from the S , ,tate Lands_ Commission ,has not been "received and funds.. w,i.11 not be released by the State until, a:11. property exchanges,. purchases_,, leases_, etc.. haves been. approved by the State. He added: that the, has been referred to Senator Collier's.offi.ce and that a progress report.is expected within 48 hours. The Mayor asked Mr. Sholl:ehberger to inform the.Council promptly when.word is received. I� Petaluma Entrance Letter, dated January 30, 1969,. from Floyd L. Sign - Readerboard Wynne., President of the Chamber of .Commerce_,. proposing :a readerboar.d sign addition - - -to. the - Ay 172 February 3, 1969 Petaluma Entrance Sign - Readerboard (Continued) Courtly Referral,. Agricultural Preserve. Status Application two Petaluma entrance signs and requesting that bed tax funds be authorized to • finance - the project,, read and filed. Mr. Wynne was present and showed a sketch of the design of the reader - board and presented details of the promotional proposal to'advertise special community events. Mr. Harold.Mahoney, representing Petaluma Proper- ties, Inc., addressed the Council and spoke of the possible merits of.the board but suggested that a Committe'e.be selected to further'study the use of the bed tax. Discussion followed and questions were raised considering the readability of the sign and the possibility of collecting revenue from users of the signs. As a first step, it was de- cided:. that members of the Council meet with Mr. Levi Barber of Barber Sign Company ten- tatively on Thursday, February 6, 1969 at 4 :30 o'clock p.,m;. at the City Hall to make a field trip to the two)entr.ance signs. Mr. Wynne was asked to no- `i:fy Mr. I Barber . of the meeting: It was indicated by the Mayor that a Committee to coordinate the messages for the board would possibly be'appo-inted as suggested in the Chamber's letter and possibly enlarged to study the use. of bed tax `f•unds as suggested by Mr: Mahoney., The Mayor also noted that pertinent information rela- tive to the bed tax fund will be assembled for study purposes . Letter, dated. January 28,, 1969, from Lillian Novak, Assistant Clerk .of the Board of Supervisors of the County of :Sonoma requesting comments on the application.filed by Richard Gray, Dora Baker and Mary Albertoni for agricultural preserve status for certain parcels located at the northeast corner of Corona and -Ely Roads , read and filed. City Attorney Robert explained that if the City protests the appli.dation,.it hasi the alternative when the lan:d.'is annex.ed - to the City to honor or refuse the contract but if the City does not protest; it is bound to ' continue, -the area as an agricultural preserve.. He added that.a protest does not prohibit the Board o.f Supervisors to enter into a con Following some discussion,. a motion w _ was made `by, Councilman Battaglia, and seconded by Councilman: Lipman that the Council, doe's not. protest the agri_cult rat preserve status appli- cation. - Motion erarr ed by the following vote: Ayes: Councilmen Bat.taglia,,,Braine'rd, Cavanagh, Jr. , Joerger -and,. Lipman;. Noes: Councilman Colin and Mayor Putnam.. 'Councilman Colin qualified, his "'No" 'vote by stating that -he fe,l,t the subje,.ct area Azould be - included in a development within seven years, and that the Rainsvi'l-le Road area (,resent application not pr,otested) could not be developed as soon because of its location. Mayor Putnam. stated that she was concerned with the right.of the City to an alternative. The, ' City' . C lerk was directed to send a letterito the Board of Supervisors of the C'0unc i l's action. 73 1 February 3, 1969 Filippini Annexation Notice_of..public hearing by the Local Agency No. Formation,Commission regarding the subject .1 - annexation (located.a'djacent to Nella Annexation #2 -,on McDowell Blvd. South) to be held on Thursday, - February 6, 1969 at 4:00 p.m. in Room 102A, Sonoma County Administration Building, 2555 Mendocno'Avenue, Santa, Rosa, read and filed. Planning Director McGivern showed a map of the annexation area and proposed preliminary intentions regarding a•park and school site. In discussing the matter of preserving area for parks, the City Manager was asked to arrange a meeting w`th�the Old Adobe School District, the Pe taluma School District, elected school officials and the City Council for the purpose of discussing joint utilization and development of school grounds: and park areas. 89 - 7 City - County * - Resolution 425119, of the Board of Supervisors o Facilities. the County 'of Sonoma, State of California; giving general.approval for a City of Petaluma - County_of Sonoma. plan :for public buildings in the City of Petaluma, read'and filed. Councilman Cavanagh'. Jr.' reported that Councilmen Joerger,.City Manager,Meyer, City Planner McGivern and he made a, presentation at the Board of Supervisors meeting on January 21, 1969 urging location of the County facility in the area of• -the Civic Center.. He added that the Council committee will' meet._soon to keep the project _ progressing. Z12 Re g arding. Home Rule Letter, •dated January..24, 1969, from Senator H. 'L.. Richardson, requesting support of Senate Bill 44 introduced by him -this session and aimed at restoring to local- governments the authority to respond quickly local need, read and filed. Police Chief Higgins. and City Attorney Robert were asked to make a report on the subject matter at.'the next.Council.meeting. PU:C Public Utility.•Commission Notice of Oral _Argument •regarding Pacific Gas and Electric Company's- application to increase its rates and charges for gas - services, read and filed. Assessing ;and .Taxing - -Letter, dated,.Jana:ury 23, 1969, and copy of of Real Property ;;t.e•solution from tliei City of Indio and letter, - dated January 20, .1 and copy of resolution from the-City--of Daly.City requesting legislation of the State of California to provide for effective relief • and -tax. reform ,for the property owner of the State •of. California, read and filed. Letter, dated January 28, 1969, from Richard Carpenter, Executive Director and General Counse -1, League California Cities,'that :Reso'iution #5154 N.C.S.. on the subject matter will be .before the League,Board of Directors during the.•week:.of Janaury 28, 1969 , . read and Modern Level of Acknowledgement', dated' - January 28, 1969, from Service Resolution Senator Collier-'of Resolution #5146 N.C.S. urging the establishment �o-f •a- "modern level of service" , for the California Freeway and Expressway System, read. and filed, -At- the suggestion of Councilman -Battaglia, the Mayor stated that'she would write to Senator Collier regarding the Washington Street Overpass. 174 February 3, 1969 Claims and Bills Councilman Joerger stated that he objected to Res. #516:0 N,CS; Claim No._2625 and felt that those attending 'Coun'ty Administrator Neal Smith.'s testimonial dinner should ,purchase their own tickets and not be reimbursed by the City, whereupon Resolution #5160 - N.Ci, ;S. approving ,claims;. and bills Nos. 2575 to' 2'632- inclusive and 2273 to 2259 inclusive was introduced by Councilman Cavanagh, Jr. , seconded by- Councilman Lipman•and• adopted by 7 affirmative vote s Study Session February 10, 1969 Chamber of Commerce /Avondale Subdivi.sion• 7 44 appeal - Use Permit Renewal L. J Lewis --*Prezoning - P ortion Nel'la Annex- ation #'2 Ord. #928 NCS City Manager Robe- rt'•Meyer announced that next Monday's study.se_ssion will be devoted to re- viewing the Lakeville Area Sewer Project and the spread of assessments' -as prepared by the City Engineer and that- the owners will be notified to attend this meeting. He also reminded the -- Council 'of the three pending subjects requiring Council. -study: Mid -year Budget. Review,, .Capital Outlay Items concerning . equipment and the- matter of considering priord.ties on major, capital outlay projects -for possible bond issue.. It was de- cided-to schedule,.a series of study sessions - during- several late afternoons beginning with Wednesday afternoon of next week,, in addition to next Monday - night to review these matters, In response, tb Councilman Cavanagh, Jr., Mr. Wynne stated that at- today's meeting of the Board of Directors of'the Chamber of Commerce di cus'sion was held on the status of the Chamber's five 'recommendations of redevelopment projects to be-accomplished for the immediate improvement of the Community -as outlined in the Chamber's December 12, 1969 -memo- urging the Council to i- hcl,ude these 'items in a bond issue on the June-ballot. The Mayor indicated to Mr. Wynne that- these -- reeommendations will be considered by the total.Counc'il: as a Committee along with other City needs for priorities at the'aforemen- ti!oned Study City Manager Meyer stated that a:,, report-w11 be. furnished to the Council at Study Session - •of the cost factors involved in some• of th:e major projects. Planning. #4 -6'9 approving tentative map o.f Avondale Subdivision #A. (lo'cated in �p`brtion of •:Ne'lla,:Annexation #2 on Ely Blvd. South) ,' submitted •and An appeal: fi'le.d -by -'L. J . Lewi's of, :Planning Com mission- denial to -renew Use Permit for 329 Pleasant Street was delayed to February 17, 1969 Council Meeting at -the request of the appellant., Planning`Commission- Resolution #Z`3 -.6'9 recommending the' adoption of'propo'sed prezoning. of Assessor's Parce'1 Nos'.: 17- 040-02'C • d 1,36 - 050` -'0.7 • (portion of Nella Annexa:Vion #2 located on McDowell :Blvd. South f rom an "A" A'gricu_ ltural' Zone to an 'R - - 60.00 (Single - family dwelling ',). Z,one, submitted and filed. P1ann- ng�Director McGiwe.rn showed a map of the area whereupon Or.di'nance #928 Y.C.S.- pre zoning Assessor!•s 'P .Nos.. 17- :040 -02 and 136 - 050 -07 as recommended,,, was introduced - by Councilman' 'Battaglia, seconded by- Councilman Joerg.er and ordered published -by 7 . affirmative votes.. February 3, 1969 Signs .Regarding ­Repprt. on,..the azubjbdt matter requested. by Businesses along :Councilman -.L an.. Director of Public the Works David . 'Ybu_n4 read a letter dated January 13:,. 1969. from the Di- of "Highwz ay regarding � signs available -for installation along. the Freeway dire.cbing to _b4sineas development. Copy of said. letter submitted f iled. The Division of Highways i - ndi,cd . ted.that I large overhead signs reading, low ashington 'Street - Central Petaluma are . planned at the exits to Washington Street, facing the Freeway traffic in each direction. The bivis-Ion do6s not favor installation of addi-tio'nal directing to roadside business; howeVer, the "Gas, Food-and Lodging" sign is being adopted for use in rural locations 'ot be in urban,or semi-urban and'wi'll'n p"l areas. s. M I r. Young stated that he has received a. set of plans. from t Division of Highways indicating the. placement of signs with regard to Washingtoii Street. City of Santa Rosa/ Report on,the s , ubject matter requested by State joint-financing Councilman,Braiiierd. Director ofPublic Works Program.,-regarding David'Young reported that the City of Santa Route 12! Ros, the Cbunty'.of Sonoma contributed one- -half million dollars toward the acquisition of right-of-way• -..for a p ortion of Route 12 which will be by by the Freeway sometime in the future and then, relinquished to the City o,f Santa Rosa,an.d of Sonoma. He added that. '"the City ­and County know they need a four- 1Anearterial at " thi location so this was a .-method of doing the construction if the -righ Contribution was not us'e'd - to underwrite engineering costs, plan- line q0sts, Prohibition- of-Entry Police that the proposed of Minors in-Certain , legislation legally allows minors when accompanied Areas by q pareftt or a legal guardian to enter into Ord:-.#929. NCS a billiard.parl-or,, whereupon Ordinance #929 N.C.S. amending. Chapter 16, Section 16.10, of the Petaluma P. - of for the prohibition of City Code. - o' - entry of in, certain areas, was introduced by- Councilman - Battaglia, seconded by Councilman f3rain"e'rd, and ordered posted by 5 affirmative and 2 negative votes. Councilmen. Cavanagh,, Jr. and Colin,voted.",,N&'. Councilman Cavanagh, Jr. stated he •.thought the Ordinance should be published and ounci an.C61in felt- 'that the Ordinance should C Im not be confine4 to Billiard Parlors. Because the Vote'..was,'not unanimous, the ordinance is then Pu S ection tion 45 of the City Charter.... Waiver of., Conn. City Manager Robert - Meypr explained that a letter nectioft had bee.n from James Azevedo-requesting Ord.. #.930. NCS. a. -refund on. a sewe ' x connection fee because an sewer certain rtain premises had been connected to -a house,demoiished some years, aga. Mr.. Meyer added that the proposed legislation -f wouId provide A waiver o a sewer connection f00 when. tC _�:onqe C t: 6 n of premises once connected is made within five years of the last disconnection by an application for the same type of service,, whereupon O± N.C.S. amending Chapter 19 1, Article 6, Sectioh" 19.40 of the Petaluma. City Code of 19581, by adding, thereto a subsection -l.`F 'provide- for the waiver of sewer connection fees u nde,r conditions where the premises had previ'ously received sewer services, was introduced' by Councilman Lipman, seconded by Councilman Cavanagh, Jr.•, and ordered posted by 7 affirmative votes. 1 7 , 6 February 3, 1969 ezoning - David D. A ;map the, bboundaries o:f the redu "ced acreage. of Young Parcel- Corona the ''parcel proposed to - 'rez.oned to °R M -1500 . Road ;between .Freeway . _ was displayed :by anning D;irectox McGvern. In and "McDowell Blvd. accordance%with City. Attorney R'obert:'s, recommenda- Nort °h tion,, , a motion 'was made ' -by Councilman Battaglia, Ord,' -. #9'22 NCS �'e:con;ded i�:y Counc 'lman J;oerger .that the Ordinance (As Amended') intrbduced, at 'the, last - Council meeting be amended to provide' • fdt •the ' "real 'property description as set' forth , iii 'the Ordinance to contain 34.8 acres. Motion carried by '5 af'fi'rmative and 2 negative votes. 'Councilmen B'rainex.d and Lipman voted "No "'. In answer'to'Councilman Colin, Mr. Lagle,, David D. `Young "'s��a'gent.,' that the area will be converted'`to a'mobile -home district when an ordinance e °stablish a Mobile Home .District is adopted.' - Ord nance 492.2 N.C.S -. (As. _Amended) , am'e'nd.ing `'Zoning Ord. *.e6,2 N . C . S'.. by .re zoning .., Asses,sb(rI`s Parcel . #7-4,01- 4 & &I and 7-391: -7 &:8 ('gener'all:y located - on *� th'e southerly side o,f, Corona Road b "etween °U..S' 1 Fr eeway and McDowell Blvd. North)` .from an M -L (Limited Industrial`) zone to an R= M- 10:.0 ' Z`,one` or was introduced by Councilman' Battagl'i'a, ; s'econded ' -by Councilman Joerger and. *adopted 'by 5 affirmative and 2 negative : vote's .' Councilmen Brainerd and Lipman ''published 23%69 *order'ed as amended _ . Rezoning - 219 E'di'th O "rdinaance 0214 'N ..0 . S -: amending Zoning Ordinance Street No:. 662 N.C,.,S.. by r'ezoni'ng .Assessor's P °arce1 Ord,. 492:4, NC'S #7- 062' -34 '.(21'9, Edith Street) from an- R -2- 3000 (Second- Reading;;) (duplex) zone to .a: C =N ,( Ne ,ighb,orhoo.d•...C.ommercial,) Zorie, : was. i ntroduced by Joe'rger, seconded 'by and adopted atwecvotes ;Lipman, Zoning Ordinance Ordinance' #92:5 N.C.S:'amending Zoning Ordinance: Modi,ficat non -. #-662 ,N.- C.S ',. by,,;amending Section 11 -901 to provide. Section. -21 .9;01 procedures' an. ' °dines :whereb districts rezoned Ord.. #925 NCS:. to "a C= Commerc al Zone` District' revert (Second Read to the original zoning classifi .,cation., was intro- duced .by `C:O,uncilmdn- Battaglia,, seconded by Councilman J e'xger • adopted by 7 affirmative votes Drive- Restaurants Ordinance #925, "N C`::5. amending Zoning ..Ordinance Ord.. #926 NCS 6, Section 6- 0, #662 N C S. b amendin Articl 41 (Second..Readn`) l g (Nei hborhoodyCommexcial) to add D,r.i.ve In Restaur ants' the list�•of' conditionadd l uses , was intro- duced by Councilman Lipman, seconded by Council - man J0erge,r, and adopted by'7 affirmative votes. ,,��,, � Pubaic Employees' Ordn`ance,= 9 ??7.hIeG.S, authorizing an amendment Retirement System to' the' cortract..'beaween the City Council and Ord.. #92 the Board of, _Administration of the 'California (Second Reading) Public ee : Emp'loys' Retirement System, w.as intro - duced by'.Coun:d limn' Lipman, seconded 'by- Council- - man' - Joerger_, land ` adopted' by 7 affirmative votes. McNe:a•r Water Pump Res'ol.ut #5 N.C:S;: approving the .acquis. Station Site : of 'lar'd' for the McN;ear Water Pump Station 'Site Res. #5161 NC'S for .sum of $5,,500:.00 was introduced by Coun- cilman Lipman,;secorided 'by Councilman Cavanagh, Jr., and by 7 a'ffrmative votes. B oat Launching Ramp Resolution #5162 N.0 •S:'approving the acquisition Facility Access of .land for access to `the bo °at .launching ramp Re #516 °2 NC'S' facility for 'the sum of $1,659..30 was introduced by Councilman' Lipman, 'seconde by Councilman Brainerd;,' and ad'opted'b"y 7 ; affirmative vote's.. M Mobile Home 'Trailer Parks. Res. f'5163`•NC'S"-' 1 February 3 1969 With,the consent of introducing Councilman Colin and seconding C-6tinci'lman Lipm ,the p6riod o nine months" propo in the subject legislation was agreed to - be changed' to six -mohths, - whereupon Resolution #5163-N.C,S. of.poli,cy and establishing a moratorium for r,'elz- requests which have as their o]3'je'*qt rezoning for the purpose of establish- ing a- mobile home trailer park, was introduced by Councilman Colin, seconded by Councilman Lipman, and-adopte'd by 6-affirmative, and 1 negative . .votes. Coun Cavanagh,.Jr. voted "No" and stated tha t he . felt suppl and demand, feasibility of the contractor,- etc. would govern the potential of mobile home parks. Boat Launching Ramp - Facility Description Change Res. NCS Policy regarding Construction of Public Improvements Recreation Ditector Shollenberger displayed a P map of the boat laun facility, ex- plaining that a- change.'in the area had been propose by Engineer H'. Morgan Noble for a more economical'proje:ct requested the Council to'approvean amendment to the descrip- tion of the' area in the agreement with the State, whereupon Resolution 45164 N.C.S. introduced by .Councilman Colin, seconded by Councilman Joerger, to include-the new description in Parcel #1, as outlined on the map and to authorize the Mayor to execute any nece documents , was adopted by 7 affirmative votes. A resolution establi:shing a, policy relative to the establishment of requirements for dedication and the construction o It.f improVementa,' prior to the issuance of' building permits, was introduced by Counc 'i'lman Brainerd, but died for' lack of a s'econd,j thereby no action was taken. Following 4 brief discussion, it w,as decided - the subject matter required �ftrthbr ,study. The Mayor appointed Councilmen Battaglia"' Joerger and- Brainerd to serve on a committee to formulate a po:li for Council consideration.. Councilman Battaglia wa's asked to serve as chair- man of the committee. Councilman Joerger Councilman Joetger stated that a resolution regar . ding Mayors' recently sent out by him proposed a voting and:-Co , uncIlmen's procedure of all members present to sele6t Association the Mayors' and Oouncilm6n's Association repre- sentafivb-on the Golden Gate Bridge' and Highway District but it was called to his at- tehtion" cities in the County except Petaluma have a five member.Council. He said that he, would p,,re'se..nt an amended resolution at the February 13 1969 meeting to provide that not more than five councilmen from each City be allowed to vote. Cbun Lipman stated he Would be unable. t and Councilman Joerger volunteered to refrain from voting if more than five Petaluma attend the meeting. Adjournment. There being'no further business to come before the. Couricil, the 'meeting was adjourned at 10:30 o'clock p.mi to an executive session. Mayor Attest: ity Clerk.