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HomeMy WebLinkAboutMinutes 10/06/1969Council Meeting Attendance Invocation Approval of Minutes MINUTES OF ,MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA October 6 1969 Regular meeting'of• the Council of the City of Petaluma was called to order by Mayor Putnam at the hour of 7:35 o'clock p.m. P'r-e's:ent;: Councilmen Battaglia, Brainerd, Brunner,, Cavanagh, Jr., Joerger, Mattei, and Mayor Putnam. Absents None. The invocation was given by the Reverend Larry Carolan, St. Vincent's Church. The minutes of September 15, 1969, were approved as recorded. East Petaluma Branch Mayor Putnam recognized Mike Serpilio, Bank of America Manager of.the East Petaluma Branch Bank of America. Mr. Serpilio invited every- one to attend the B'ank's open house on Thursday, October 16, 1969. McKenzie Drive Notice to Bidders on the subject project Street Improvements was duly published. Director of Public LJu _ Works�David Young reported that the fol- lowing four bids were received at the bid opening on October 2, 1969: Name Amount Argonaut Constructors $7,290.00 DeMartini & Smith, Inc. 6,608.00 Ghilotti Brothers 8,452.00 Rapp Construction Co. 8,878.00 In reviewing the bids, Mr. Young pointed out that the low bid received was $75.8 more than the amount of $5.,850 deposited by the School.District for the project and that Sonoma County School Department has offered to contribute one -half of the difference, which leaves a deficit of $379. He reminded the Council that the Sonoma County Children's Centers of the Sonoma County Schools requested that the street improvements be provided in front of the proposed-Children's Center located at South McDowell Boulevard and McKenzie Drive. At the suggestion of Councilman Battaglia, Mr. Young was asked to con- tact the low bidder for a possible reduc- tion in the bid to- cover the deficit and to submit a report to the Council thereon at the next Council meeting. Storm Drain Letter, dated September 22, 1969, from Reimbursement Marino P. Crinella, President, Westland 30 Avondale Subd. Investment Company•, requesting Storm � #4, #5, and #6 Drain Reimbursement Agreement for a por- Res. #5335 N.C.S. tion of the cost of installing a storm drain trunk line serving the subject M October 6, 1969 Storm Drain subdivisions and other lands adjacent Reimbursement thereto, read and filed. Director of Avondale Subd. Public Works David Young presented a #4, #5, land #'6 map of the area,, showing the s,ubdivi*sons Res. #5335 N.C.S. and benefiting properties. Mr. Ron.Simp- (continued_) kins of MacKay & Somps engineering firm, appeared before the Council representing Douglas Carlson, developer of Meadowlark Meadow Subd- ivi,sion. Mr. Simpki -ns objected to the Reimbursement Agreement on the basis that,it was hi's understanding the lands of Niukkanen, one of the benefiting proper- ties and under option to be purchased by Mr. Carlson, would have.free use of the storm drain. His objection was withdrawn upon Mr. Crinella's explanation that-all claims would be recognized. Mr. Crineala also stated that he was advised by the Staff to file a reimbursement request for the entire unit, and not in segrega-ted po "r- tions becau "se of options ptions on the - affected property. However, in order to clar,,,f' any third party involvement (it was men- tinned that the lands of Cooke 'would: °a`ls:o have fre - e use of the storm drain,) ., City Attorney Robert advised -that the Agreemen - -t be modified take into consideration those properties that-may be entitled td free..con- ne'ction; whereupon, Resolution : #5.335 N.C.::S., directing the 'City Attorney to prepare, a Storm Drain Reimbursement Agree- merit for West; -land Investment Company and, author °izin the Mayor to execute-the same, was introduced by Councilman Joerger,, sec- onded by Councilman Cavanagh, Jr., and .. adopted by 7 aff irmative Votes. So;uth McDowell .& Letter, dated September 26, 19 °69, from East Washington Mario M. Ghilotti of Ghilotti B;rothe'rs, Street - Street Contractor. of the subject .project, re- Widening questing an. additional extension of Project',GT 2 -69 time to complete the project becau "se Res. #5336 N.C.S. of delay in shipment of the controller for the traffic signal; and, letters attached from the Subcontractor sub- stantiating thel delay,. read and.filed. Director of°Pub Works David Young recommended that the time of comple- tion, be extended to November 13, 1969; whereupon, Resolution #`5336 N.C.S., authorizing Ghilotti Brothers an ex- tension of time within which to com- plete the subject pro`ject,, was intro- duced b Counci`lman Brainerd, seconded by Councilman Battaglia, and adopted by 7 aff'rmative.votes. Butter and Letter, dated October 3, 1969, from Ned Davis; Egg Days Manager, Chamber of"Commerce, requesting Rea. #5337 N.C..S. closing off of�Kentucky Street `for Butter and Egg-Days on Friday and Saturday, Oct - ober 17 -and 18, 1 read and filed. Report, dated"October 3, 1969, from Chief of Police Larry Higgins,.recommending October 6, 196,9., Butter and that the permit be approved with the con -, - Egg Days dition "that a 20 -foot emergency lane be Res. #5337 N.C.S. provided for emergency vehicles down the (continued) middle of the street;-read and filed. Resolution #53,37 N.0 „ .S., authorizing the closing of Kentucky Street between Wash- ington Street and Western Avenue on Friday, October 17, 1969 between the hours of 8:,30 .a.m. and .9:00'.p.m.. and on Saturday, October 18, 1969 . between.the hours of 8:3.0 a.m. and 6:00 p.m..- for - the purpose of Butter and Egg Days, was introduced by Councilman Brainerd, seconded by Coun- cilman.Cavanagh:, Jr., and adopted by 7 affirmative votes. It was noted that the Resolution covers a deposit of $48 for parking revenue income estimated for the two days. Civil Anti - Trust Resolution from the Board of Supervisors, Suit Regarding County of Los Angeles, urging that the Smog Control Devices Bove.- rning.bodies.of:all major cities and counties of the United States join the County Counsel - of the County of Los Ange- les by filing- petitions in the suit against automobile manufacturers for conspiring to restrain developme.,rit of smog control devices, submitted.and.filed. Attorney Robert referred to a letter received from the Attorney General indicating an investi- gation is being-'.conducted into the alleged conspiracy, cautioning against excessive comments by officials,..and requesting that a resolution be adopted in the form attached, read and filed... Mr Robert said that copies of the letter and resolution will be for- warded-to-the Council for its review. The matter was directed to be included on the October 20, 1959 Agenda for consideration.' At the request.of Councilman Joerger and in order to mee:t_.any necessary deadlines., -.the staff.was directed to immediately forward mail addressed to individual Councilmen and not wait until the regular Friday mail. Claim - Roger Claim, dated September 30, 1.969, for person- Griffith al injuries filed by-.Hoberg, Finger, Brown, Res. #5338 N.C.S. &.Abramson...on b,ehalf:of Roger Griffith in the amount-of .:$1-,0- 0.0,000 medical ex- penses and loss,:of,-earning capacity for 'injuries sustained a -t the Municipal Swim- sf fining Pool, read and filed. Resolution #53,38 N. C. -S. ,- deny.ing.:.caaim of Roger •/°” Griffith,.. a. minor, - Gene Griffith, Edna J .,, Gri f f.i,th , .. and Edna. J_., Gri f f i th as guardian of the. estate .of Roger Griffith, w.a's_- , introd -. ced.•by_ Councilman Brainerd, seconded by Co.uncilman; ,Cavanagh, Jr., and adopted by 7. af- firmative- votes . A. B. C. Copy of_ filed with Alcoholic Beverage Control by Beverly C. and Ray - mond H. Wilson to add spouse to On -sale General Public Premises and Caterer's Permit for the Hide -Away, 1.28 Kentucky Street; approved by the Chief.of Police, Building Inspector and Health Officer., read and - filed. I 3S j October 6, 1969 A. B.. C. Copy of application filed with Alcoholic Beverage Control by Besse. c%. and Phyllis Ness for O'f'f - sale Beer and Wine; License for Ness's: Grocery, 10:04 "B!" Street,•, approved by the-Chief. of Police, Build - ing Inspector and•Health Officer, read and filed. �Y P. U. C. Publc'Uti_lities.Commss'ion's Notice of Application filed 'by Keith L. Grimm, d.b.a. North Bay Charter Ser- vice.,.for authority - L to operate a pass_enges stage corporation between`Petaluma. and various cities.south to Sausalito and the Maintenance Base lo- cated at. the San Francisco International Ai rport , read and ,filed.. 9A State Region Tentative Resolution #69 from the State 'Water Quality Regional ; Quality. Control Board rescinding' Control Board resolutions initiating formal enforceme'nt-_. proceedings against various dischar•ger's,, including the.City ofyPetaluma, because such dischargers have demonstrated com- pliance with the.Board's requirements, read and: f i led . State Regional .Letter ..dated September 23, 1969, from Water Quality.. i 7 Will -iam C. Weber, Chairman, State Regional Control Board Water Quality Control Board, that responses for holding meetings to discuss mutual pro.-• blems_ have been grati- fy.i - -ng and that ..commun- i- cationwill be made soon regarding more ,.specifirc details, for a• meeting, in the Peta- luma area, read and -f.led. 23, 1969, from _ ResourcesRStud y Harold Va'aPedersonember . rector, Economic Development Board,, advising that the° Boa -rd has au the staff to pro- ceed. with the ,upda;ting of the Petaluma .River Resource Study along with the Petaluma City Planning Department and the Petaluma Chamber of Commerce and other - resource agencies,, read and filed. State Highways Letter, dated 16, from Within Sonoma Senator a o l p •, o r acknowledging County receipt of:theCity's letter regarding improvements to the interchange at Wash- ington Street and the U. S. Freeway 101, and Route 1.16!•.from 1,01 near Petaluma to Route 121 read. grid ,filed. ; AB 3'74 Letter, dated September -30, 1969, from Senator Randolph Collier that Assembly Bil1 .374, Irelating to safety members, of the Public Employees' Retirement System, was defeated i•n the Senate Committee° on Governmental Eff read and filed. I October 6, 1969 t t ) kl Audit - Petaluma Audit for-the Petaluma 'Water Department.� Water Department 1968- 19`69, prepared by Wadsworth, Smith, Mohrman & Dado , - .submitted, and filed. City Manager.'Robe,rt Meyer informed the Council that the auditor's will appear before the Water_ Commission Wednesday afternoon to discuss t1fe- subject audit report.. Claims and Bills Resolution , #533!9 N.C.S approving Claims Res. #5339 N= .C..S. and Bi. Nos. 4,248' to 4345 inclusive and Nos. 265.3 to Z678 inclusive, was introduced by-Co ' uncilman Joerger; seconded by Council man Cvanagh, Jr., and by 7 affir- mative votes. Annual Reports Annual`Reports for 1968 -1969 were filed 1968 -1969' by the following departments: Petaluma Public Library, Fire° Department, and City Clerk. State Department City Robert Meyer. referred to a of Public Health letter dat'e'd 25, 1969, received from the State Department of P iblic Health st=ating that for. the `12 -m6nth period, July 19.6,.8 through -June 19169, the City's public water s',upply ; h "as continuously met the Public Health.S`ervice Drinking Water Standards on bacterio- logical'quality and complimenting the City for this excellent record. Said letter submitted and filed. Waste Discharge - Director of Public Works David Young re- Petaluma Coop. ported -that the Petaluma Cooperative Creamery Creamery is working-on a system to divert wastewater from.washing trucks from the storm drain system,to the sanitary sewer system and that the City will be kept informed -on -the progress being made. Police Car #14 Police Ch -ief Larry Higgins appeared before the Council regarding the disposition of v Police Car #l'4_ extensively damaged in a - recent accident; -and., i-n accordance: with - his recommendation; -a motion was made-by Councilman Matt'ei and seconded by Council- man Brainerd ' that - the damaged vehicle be salvaged, the present ca assigned to the C4i, f be utilized. a patrol car for the Dep artment, and a compact car be, ur-chas'ed p P P for the Chief "s use. Motion cart ed.unan- imously. - The - City - Manager was t ,-hen: auth -- or,i-zed, to trans:f'er •the new compact p`ool.•• cars; (No F600 <) . to P.ol:ce Department wh�ch will them- be replaced by -the compact car just- authorized. Chief Higgins noted that the-compact-car will not be used for 'patrolling. Study Session It agreed to hold a study session on Oct. 10, 1969 Friday, October 10, 1969, at 4:30 pm. to complete the review of the departmental capital outlay expenditures for 1968 -1969 and 1969 -1970 and to consider the Parks and Recreation letter regarding a con- sultant architect. 334 October 6, 1969 �� Lucchesi. Park Development' / Casa Grande S�ubd . #5 - city Park Site Councilman .Mat- tei eported that plans to start development of Lucchesi Park were discussed by a Committee of the Parks and Recreation Commission and ..rec- ommeiided to the Council by the Parksl and Recreation .Commiss , on for consideration. With the use of the General Plan of Lucchesi Park, Park and Recreation Director 'Shollen- berger pointed.o.ut the area established by the Ame rica -n Little League Park and various proposals to improve 1 -1/2 to 2 acres for`playground and general recrea- tional use along the Maria Drive part of the Park. A breakdown of the approxi mate cost of the development of the park Was distributed to the and reviewed by Mr, Sho_llehberger, which list, he said, may be either added-to or deleted from at the discretion of, the Council. It was noted that the ap:p- roximate cost, totalling $4,200 $4,200,, is available in the Budget for Lucchesi and,general park improvements. Following considerable discussion, a mo- t -ion was made by Councilman Mattei_ and seconded by Counci°lman .`Brainerd, to pro- ceed with the p lanting of the turf. and the improvements at Lucchesi Park in ac- cor.dance with the;plan to.-improve the section; :along Maria Drive by providing a parking-lot and a -turfed area for- gen= - er'al recreational - use ' for an approximate cost of $4,200. Motion carried unanimous- ly. . was indicated that the turfed area would'be ready by the end of school in June, 1970, Councilman Mat`.tei..- reported that the Parks & Recreation _Commssion•considered a list of '5, options •,and, relative information in regard to the cost of acquiring a recrea tional park in. Casa .Grande Manor Subdivision #5, adjacent Elementary School, and after- discussing the options with Arthur Condio.tti ,deve,lope:r of the sub - division :and his-engineer Ron,S.impkins, the Commission recommended Option.#3, which.would provide 2:.4 acres of land as the possible selection of a proposed park site.:: Park and Recreation Director Shol;lenberge_r visually exp- lai -n'ed. - the five options with-the use of a map of the sub - divis -ion area and distributed a breakdown of' the costs involved for land acq - ui- sit and. street improvements. Director of •Planning•McGivern suggested . that the subdivision tentative: map be modi- fied so that two. l ots facing Peggy Lane and backing-up on the proposed park.,, be increased in depth to provide more privacy for those residences.. - After considerable delibera- tion, a.-motion was made by Councilman Mattei and seconded.by Councilman Joer ger, approving -the recommendation of the 1 October 6, 1969 '. Casa Grande Parks and Recreation Commission.by accept - Subd. 45 - ing option.. #3.as modified by the Planning City Park Site Director. Motion carried unanimously. (continued) It was noted that the tentative map for the subdivision will be considered at- the Planning Commission meeting Tuesday night and that a condition will be in- cluded "during the first six months to reserve the right to change from one option- to another or even withdraw the park site ". American Little Councilman Mattei reported that a Com- League mittee of the Parks and Recreation Com Res. #5340 N.C.S._ mission, together with representatives of the American Little League, held a study session to discuss the issue of controlled activities of the baseball diamond in the.northeasterly corner of / Lucchesi Park. A.report containing the rules, restrictions, and concepts to govern the area -usage developed by the Committee, was referred to the Parks and Recreation..Commi:s;sion for comments and the Commission recommended,sa "id report be submitted to the Council for action. Copy of Committee report submitted and filed. Councilman Mattei presented two resolu- tions for Council consideration: One prepared at his request establishing the = rules.and regulations as contained in the.report but proposing a modifica- tion No. 1 of.the Restrictions; and, the.other basically.,adoptng the rules and.regulations -by spelling them out in the resolution. Councilman Joerger also proposed a resolution prepared at his request, - adopting the.rules and regular tions by reference to the 'Committee re- port. After reading.the three resolu- tions, a ..recess. was ._declared by the Mayor upon the request of Attorney Lafranchi, representing the American Little League, in. order, to. discuss _and review the three proposed resolutions Recess The time of.the- recess was 10:20 p.m. The meeting reconvened at 10:30 p.m. *Attorn,ey_L_afranchi_ reported that the American.Little League preferred the resolution.proposed by Councilman Joer- ger..- .Councilman Brainerd felt that Counc lman Matte.i's_.resolution was basically the same,.but more clearly defined in its purpose; whereupon, .Resolution #5340 - N.C.S., establishing rules..and regulations for the use of the Little.League Baseball field in Lucchesi Park., .was..introduced by Coun- cilman.Joerger,__seconded by Councilman Mattei, and adopted_ - y - 7 affirmative votes. Mayor Putnam explained that upon checking.with the City Attorney, the resolution adopted carries the intent expressed in the Committee's report and is basically the same as proposed by Councilman Joerger. * Changed as per minutes of October 20, 1969. 34U October 6, 1969 American'Little Mr. Walter Millet, President of the League Petaluma American Little League'Associa-- Res. #5.340 N.C.S. tion,'thah - ked. Council for its consid-. (continued) eration and'conclu on their request.m He offered to help develop the Minor Little Lea I gue Ball field adjacent to the American Little League diamond at Lucchesi.Park by - donating $700 toward the purchase.--of matei-ials for the irrigation system, plus another $700 committed'to the American 'Little League by their sponsors that could be available when collected. 'dat6d National Little League Letter, September 29, 1.969, from Edward J. Tracey, Peta- Kenilworth Park luma National,Li addressed to Councilman Mattei' ' inquiring 4p . to the necessary steps for the leasing or the deeding of - K enilworth Little ' League Park to the-Petaluma National Little L&,igue its exclusive use,. adding that it has come to, their atten- tion that the'American Little League has Made a similar request. a.ndsuqge Ing- that perhaps both leases could be made at the same time, read and filed. Councilman .Mattei.was,asked to refer this letter to the Parks and Recreation Commission for'its consideration and rec- ommendation to the Council. AB.5214 City Attorney RQber-t• reported that the "Topless" subject bill iii., no way eliminates * the necessity that local ordinances meet the requirements of recent court cases relating to obscenity and constitutional rights. He added that the League of California", Cities I-ii-a recent bulletin on logislaitioh indicated that a group of City and County attorneys are in the process of drafting 'a suggested ordinance:.. Mr. Robert recommended that the Council wait for - the drafted legislation. Weed Abatement Upon.a com by- Councilman Brunner of weeds the empty lot formerly occu- pied by the Continental Hotel located at the corner of Kentucky Street ,and Wes Av6nue,,, Fite, Chief Benton, was directed to contact the owner and also owners of similar lots in the City re- garding abatement of the weeds. The Mayor asked Chief Benton to submit a list to the Council at its next meet- ing of those lots - no abated by the owners. obstructing Police Chief Larry'Higgins explained Passage on that the subject ordinance is to am- Sidewalks,, etc. plify the existing, Ord I inance on obstruct= Ord. '#956 N.C.S. ing passage and to enforce some of the - doubtful areas i; whereupon, Ordinance #956 NiG.S., amending Section 16.17 of" the Petaluma City Code of 19.5,8 to prohibit sit - Eing,, lying:, or sleeping I .-I, October ..6 , 1969 Obstructing on any 'street, sidewalk, or any public Passage.on place so as to obstruct the free passage Sidewalks., etc. or_ customary use and providing Ord. #9S6.V.C.S. penalties for violation, was introduced (continued)_ by Councilman Joerger, seconded by Coun- cilman Battaglia and ordered posted by 7 affirmative votes. Regulation of Ordinance No. 954 N.C.S., amending Ordi- Service Stations nance #662 N'.C.S_ by amending Section 419 Ord. #954 N.C.S. 18 -7 0.2 (h-) to provide-for the regulation (second reading) of service stations, was introduced by Councilman Brunner, seconded by Council- man Matted,, and adopted by 6 affirmative votes, l abstention., Councilman Joerger .stated that he abstained because of own- ing property that could possibly be in- volved. Food Handling Mr-. Leo „:- Albertoni, operator of the Spa Program Club Room, 18 Petaluma Boulevard North, Ord. #955 N.C.S. and Mr. Paulson appeared before the Council and spoke about the current inspection pro- gram being,_conducted by the Health Officer arid the State.' Because of questions raised by Councilmen Joerger and Brunner of%possible : duplication of inspection services and.the fees involved, the City Manager, upon his suggestion, was asked to contact County Hea lth Officials to meet with the Council to further explain and discuss legislation. State Divi -sign Resolution' #5341 N.C.S., approving ex- of Forestry - tension of agreement-for mutual fire Mutual Fire protection aid- and.authorizing the Mayor 30 Protection-Aid to execute the same,, was introduced by �/ Res. #5341 N.C.S. Councilman Jo_erger'seconded by Council - man 'Cavanagh- ,.._Jr.., and adopted by 7 affirmative votes. Amendment Resolution #5342 N.C..S., authorizing CLETS Agreement _ execu'tzon,of an amendment to the agree - Res. #5342 N.0 S._ . , _ ment�heretofor executed with the County. : ,- of `S'onoma with regard to CLETS (Calif - ornia =Law En.for.cement Telecommunications System), was introduced by Councilman Cavanagh, Jr., seconded by Councilman Brainerd,, and adopted by 7 affirmative votes. Stay Bond - Memo,. dated September 2.9, 1969, from City Re Appeal Matter Attorney Robert-.to the Mayor and Council Leppo vs. City regarding a judgment rendered against Mr. of Petaluma Kinney, demolition contractor of the Amer Res. #5343 N.C.S. ican Hotel owned by-the Lepp.os, and under 'the circumstance:s,`he felt it was incumbent Upon the City to protect Mr. Kinney by pro- viding •the_ ne:cessary stay bond, submitted and file d. Resolution #5342 N.C.S., authorizing the pledging of security for the purpose of obtaining a stay bond in appeal pend- ing in the matter -of Leppo vs. the City of Petaluma, introduced by Councilman Battaglia, seconded.by Councilman Matted, and adopted by 7 affirmative votes. October 6, 1969 Appointment to Resolution #5344 N•-.C.S., appoiriting.John Recreation, Music, Dado to the Recreation, Music,, and Parks / & Parks Commission Commission, was introduced by Councilman. Res: #5344;N.C Mat'tei•, seconded- by- Councilman Brunner, and adopted by 7- affirmative votes. Review of City - Manager Robert Meyer read a memo Condition's - from Building Inspector Oberto regarding !� Scrappy Jim's th& fteld inspection made of the subject Auto Wreckers,, property, "• th-at the car bodies 586 Wilson St. are °still vis =ible above the - fence, "but Mr. ,Hanson is working on stacking them below the fence-; which will take another three weeks, and that proper sanitary faclities: have not been installed as yet. Mr. Arthur J. Hanson; owner of Scrappy Jim's Auto Wreckers, appeared before the Council- to request a "60: -day extension of the suspension of the revo- cation -"of, the use permit to complete the permanent-sanitary sewer installation. He added that the stack of car bodies will be reduced to the required height limit in -the next 'week. A motion was made by Councilman Battaglia and.s'econded by Councilman Mattei granting Mr. Hanson an additional 60 days to complete the sanitary sewer.. Mo tion carried by 6 affirmative and 1 negative votes. Coun- cilman Brunner voted "NO ". Chester Elliott - 311.bak.Street, Regarding Rezoning Refund Adjournment Chester Elliott, 311 Oak Street, Rezoning Fee Refund' Report was postponed to the next Council meeting- at the request of Councilman Cavanagh Jr. There being no. further business to come before the Council, the meeting was ad- journed at 11 :20•p.m. Mayor Attest: te e._ �. City C1 rk r