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HomeMy WebLinkAboutMinutes 04/03/1967x ,.., - MINUTES OF MEETING OF CITY COUNCIL. PETALUMA,, ,CALIFORNIA April 3, : 1967 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 Invocation Present: Councilmen Brainerd, Cavanagh, Jr., Joerger, Lipman and-mayor Putnam. . Absent: Councilmen.-Battaglia and Colin. Due to the absence of Reverend James F'. Cogburn of the Church of God of Prophecy, no-invocation was given. Approval of Minutes The minutes of March 20 and- 27, 1967, were 1 approved as 339 Sedan - Police Dept.Ci.ty Manager Robert Meyer reviewed the bids received Res. #4707 NCS at the bid opening on - March 30, 1967, for the subject sedan ;-whereupon Resolution #4707 N.C.S. awarding the contract to the low bidder, Western Motors, for ;• purchase of one, (1) new 4 -door sedan for the Police Department, was introduced-by Councilman.Lipman, seconded by Councilman•Brainerd, and adopted by 5 affirmative votes, 2 absentees. .339 Sedan - Fire De pt . City Manager Robert Meyer reviewed the bids received Res_: #4708 NCS at the bid.opening on March 30, 1967, for the subject sedan,.-whereupon #4708 N.C.S. awarding the con tract to the low bidder, Western Motors, for the purchase of one (1) new-4-door sedan-for the Fire Department, was introduced by Councilman Joerger, v seconded by Councilman Brainerd, and adopted -by 5 affirmative votes, 2 absentees. 3 4• =Wheel Truck City.Manager Robert Meyer reported that no bids we e Chassis received for this item and that specifications have Res.. #4709 NCS been prepared-to- out to bid again, if the Council approves, whereupon Resolution #4709 N.C.S. authoriz- ing the purchase of -one (1) new 4-wheel drive chassis for Fire Department truck and directing- the City Clerk •to. advertise for bids was introduced by Councilman Cavanagh, Jr.,, seconded by Councilman Joerg'er, and adopted by'5 affirmative•votes, 2 absentees. 3 a�9 Pumping Unit for- The -City Manager reported-that one bide was receiveU 4- Wheel. Chassis at the bid•open -ing on''March 30th for the subject item, Res.,. # `4710 NCS whereupon Resolution #.4710 N.C.S. awarding the con - tract to Berkeley.Pump Company for the purchase of one new pumping °unit.for, the Fire Department, was introduced by Councilman'Lipman, seconded by Council - man,'Cavanagh,, Jr., and adopted by 5 affirmative votes, 2 absentees... - ,ABC Copy of applicat=ion filed. with Alcoholic- Beverage .. Control. to transfer on - sa - le , general liquor license from, - Juanita M..�Greenlee to-David, Ruby C. & Joshua S. Polonsky, The: ...Bend�,.39 Petaluma Blvd. North; approved by'the; Chief of Police, Health Officer and Bu =ilding, Inspector., read and filed. ABC Copy of application filed,.with Alcoholic. Beverage Control to transfer beer and wine wholesalers and off. -sale beer and wine-licenses from Coca -Cola Bottling Company of Petaluma and Sonoma to Arnold H. and .Herman .A.... ,Jensen, ;L & F Distributors, Corner 2nd & "G." Streets; approved .by° the- Chief of Police -, Health Officer and Building Inspector, read and filed. e F. April 3, 1967 ABC Copy of application filed with Alcoholic Beverage Control to transfer off -sale general liquor licenrse from- Frank J. Poehlmann to Anna E., and - Wilhelm..J. Schluter., Petaluma.Delicatessen, 143 Kentucky !Street; approved by the. Chief of Police, Health Officer and Building Inspector, read and filed. Northeast Annexa- Local Agency Formation. - Commission notice-of hearing tion regarding Petaluma Northeast Annexation No. 7 at No. 7 3:00 p.4m. on-April,-6, 1967, Board of Supervisor's" Meeting Room, 2555 `Mendocino Avenue,- Santa-•Rosa- • California, read,and filed. Con solidate Elec� , n Letter, dated March 27, 1967, from Sonoma County tion Superintendent,of Schools DeForest Hamilton , re - Res. #4711 NCS questing. consolidation of unification .electiohibf the City of Petaluma High School Distr'ict with the City of Petaluma Regular Municipal.Election June 13, 1967 and letter, dated March 30, 19.67 , from City Superintendent -of Schools Lesl '.Mey questing-= consolidation >_,of bond: election -of the Petaluma:.City (Elementary) School District with the City of'Petaluma Regular Municipal Election June 13, 196'7, read and filed. Resoluti.on #4711 'N:,C':S.. consentihq consolidation of election, was.intro- duced by- Councilman Cavanagh, Jr., seconded by Councilman%Lipman, and adopted by 5 aff,irmat ve•votes, 2 absentees. Records Manage- "Mr. Stuart,Davis, Records•Management Consultant,, pre - ment Audit sented the Council with a report =of Records °Manage - / �) meet Audit dated March 31, 1967. Mr. Davis briefly d reviewed the -report, whereupon the . Council agreed - to study same and arrange a•study session to dis- cuss details. Retail. Merchants Mr., Fred Mattei of the - .Retail Merchan s Committee of Committee the Chamber of Commerce, accompanied by a of merchan.t_s, appeared before the .Council with, a res.o- lution signed by 2.3 downtown -merchantst request nq . the City_ Council to.-authorize and finance a 'compr.e- hensi,ve study iof the central business di,stri.c _.,- Resolution,submitted and filed.. As.a member of -the Council Downtown .Redevelopment Committee; y Cbunc'ilman :Brainerd .r- eviewed• progress of . a study stating, that• the ,City, has applied for 701 funds with the Federal Government for a master study,, addng.it was recently learned that the Gity is in top priority position. to receive these :funds and that an answer.,s expected within four or five weeks. He recommended that from.,an economical standpoi:ri;t:, the City:wa until definite information is received from the Federal Government on: the grant; Council- man Lipman, also a.member of Downtown Redevelopment Committee; mentioned. that - Committee; met ex- tensively recently - -to develop material for a . master study° of the - .downtown area.' As suggested by the City Manager, _a .=t—ion was made by Councilman .Lipman, and second by .Councilman , ,Br,ainerd, authorizing, staff to proceed with: securing• estimate's. from traffic engi -neers and other consultants for preliminary studies .;so -..that the - project can move ahead i.whether Or. not- the- grant is... =awarded. Motion carried. unanimously. . , Appeal - Jim Lutz J I The time _being. 8, o'-c =_lock, p.,m,. the Mayor opened the Res. #4712 NCS ..public hearing for the ;continuation of the appeal filed by Jim Lutz of; Plann °ing Comm- ission granting Use Perm -it to Tom Ga - f- -fey to allow a servicev•station in a C -N zone. Director of Planning Robert Byrd 7 7 read City Attorney' Robert's interpretation of•the action ,the Council can -legally take based on the; T) J_ 0� 1 �I 1 , z April 3, 1967 , 1 Appeal Jim Lutz Res . ' # 4'712. NCS ('Continued) ti - appeal,.. Copy submitted and-filed. Mr. Byrd also read his report to the. Plann=ing Commission wherein he 'recommended .,granting,. the. -Use - Permit. He also re- viewed the location of the area with the use a map. Letter from Mr. Lutz f at the last Council meeting.li ;sting four reasons for the basis of the appeal was read by.the City Clerk. Mr.. P. Douglass Schwobeda,; attorney representing Jim Lutz, continued his presentation - by stating that not only does he represent.Mr. Lutz but also the Petaluma Service Station Dealers; and,he presented a.petitton signed 31 operators requesting legislation to regulate new service.s`tations in Petaluma. Petition submitted and filed. In ;discussing the-appeal, Mr. Schwobeda- pointed.out two facts -.the additional tra °ffic on East 4ash=ington Street generated by the proposed service station and the existence of re- strictive covenants on Square Subdivision where the.propo'sed service station is to be located. In connection with the - .appeal -, Mr. S'chwobeda referred to and.:presented. the , following legislation . regarding service stations- for - filing,:. "City of Napa Ord. 41766 City of Milpitas General Development Policy No. 1 City of Atwater Bill No. 21 -66, Ordinance. No,'.. C.. S . 154. At.this time, S'chwobeda read excerpts of the ,declaration imposing: the.-resErictive covenants, Madison Square Subdivision Copy of said - document filed 'by the .Planning Commission. He-then read City Attorney-Robert's opinion to the Planning Commission on-the Use-,Permit applica.tion....,A- petition signed by 7.:property.owners in- Madison Square - ob- ject ng to.. the.:gra,nting of. the Use Permit was read by Mr. Schwobeda,. Said petition was submitted and filed. In conclusion.Mr..Schwobeda requested consideration of enacting legislation for the control new service stations. Mr: L16yd Der Mehden, attorney representing Tom Gaffey and.subst"ituting for - Attorney John Fitzgerald, debated the various points brought out Mr. S'chwo- beda and .:stated that. he - failed- toa see that there has" been -`any abuse on the part of the Plan- ning Commission. He reques,ted the Council to sustain the dec= sion,made by the Planning Commission. Upon question from. the Council, Acting City. Attorney John" Klein explained that the City is not a party to the - covenants -and is not responsible for en- forcement and that the - 'Council is not bound to con - sider the covenants in arriving at its decision. Planning Director Robert Byrd reviewed the zoning history of .Madison Square -Subd - vision :along East Washington Street Mr Hal•Lehnhard - and Mr. Bob Acorne,.service,station operators, also addressed the Councilvregard'ing the .service station-problem.. After :considering �the..facts - presented .by the appellant and applicant, the: Council ..finalized - its by sustaining the-Planning Comm!is::s on's per Resolution #4'712 *N:.C..S of findings of fact and action taken by the Petaluma.City Council on the appeal of Jim Lutz from the 'Planning Commission's approval. of Thomas Gaffey's application for a Use which was introd'uced.;by Joerger, seconded by Councilman Lipman,.and :adopted by 5 affirmative votes, 2�- absentees. April 3, 1967 Appeal - Jim Lutz In line' _with, a. suggestion. .,made- by sCouhcilmbii 1 Res. #4712 NCS Cavanagh -Jr. , and, .Joerger,,, At was;- decided that; the; Planning. Commission_-undertake- a study 'of 'or -'- dinances - regardng.service stations isimilar to those presented :for ..possible legislation in the future-,_and..to include the...service..sta.tion opera- tors in the -- study. They .Mayor.:at7..this., time .declar.ed the .publ c "hear ng 1 Policy re Model. Director.of Planning.Robert Byrd presented a.draft Homes Res. #4714 ­NCS of - a policy. resolution for Council...cons deration, -Mobile-Home Appli- cation-John Georgedes explaining that.. n..large•::subdivision.. developments, closed. Recess A recess . was :called .by, . the. Mayor.. The time was model-homes-for display and marketing - purposes approximately- .9: 35. o'.clock p.m.. The- meeting was prior -to completing the - final subdivision - 'map 'of called back .to . order a.t'.. 9 :45 o'clock Claims and Bills Resolution : #47.'13._N,,.C.S,. approving - claims and. bills Res. #4713 NCS No's. 10660 to :10713 inclusive and. 919 to 940 discussing the matter with the City. and inclusive, was ;introduced by Councilman Cavanagh., the City Attorney,, it was -felt that there,-,should, be Jr., , seconded ..by 'Councilman .Lipman,. - ,adopted by definite..regulations - for control , of , this. type of .5 affirmative _vot'es, . 2 .absentees. Presentation of - D irector ..of .Public .Works - -David - Young• presented a Certificate cert .to - David Fettes., ..Sewer Plant Ope'r:ator, David Fettes issued_by.the.:Water Pollution Control'Association "' (6) This policy confers no' right upon an% applicant of California - for. successfully passing an examina- . for .a .building per-mit� and , if the City �Er ineer or tion for .Grade .II+I, .Waster Pollution .Control. Plant other City ; •official.shall object that Operator... _Mk... Young . comp.limented Mr.. Eettes .for unusual - conditions prevail :which, would make. the his accomplishment.. • The .Mayor -, - on behalf' of - the policy inapplicable_..i-h a given :case,: the .City re- Counc_1;.congra.tula.ted Mr. Fettes.for the comple- serves the right to withhold approval ".. - whereupon. t' on :.of the . course and receiving the award. Resolution #47'1.4. :N.C; ;S. adopting a policy-, "relative 1 Policy re Model. Director.of Planning.Robert Byrd presented a.draft Homes Res. #4714 ­NCS of - a policy. resolution for Council...cons deration, -Mobile-Home Appli- cation-John Georgedes explaining that.. n..large•::subdivision.. developments, it -- is. necessary 'for, - developers to .go .ahead with model-homes-for display and marketing - purposes prior -to completing the - final subdivision - 'map 'of recordation - stating that the .zoning .ordinance • does not -set :forth any •provision for .model homes; and in discussing the matter with the City. and the City Attorney,, it was -felt that there,-,should, be definite..regulations - for control , of , this. type of development. Mr. Larry Schoch.. of _ H Egan,. •Schoch and Associates, ispoke. the merits of the :policy. Acting City Attorney John suggested that a.sixth paragraph be.added to.said -, policy resolution-as follows: "' (6) This policy confers no' right upon an% applicant . for .a .building per-mit� and , if the City �Er ineer or other City ; •official.shall object that unusual - conditions prevail :which, would make. the policy inapplicable_..i-h a given :case,: the .City re- serves the right to withhold approval ".. - whereupon. Resolution #47'1.4. :N.C; ;S. adopting a policy-, "relative to the:_constr,uction�;of -•model. in subdivisions ( including -Paragraph t 6 as : stated .:by the City Attorney) , was - -. introduced by •Councilman Joer.ger, seconded by:Co,uncilman. Cavanagh, Jr., and._adopted. by 5 affirmative votes, . 2 .ab'sentees. = Directot%.of Planning,..Robert - B yrd ..informed the Council that Mr....Gerog,edes has again .gpp_l ,';f a Use Permit for aa mobi'le home development at the same:..location,, 4535 Redwood :Highway :South,, Petalu- ma. The ,application,, ,:Mr. Byrd, added, will be - con- sidered by the.County.Board of Zoning-Adjustments. at 3;:.35 p,.m, on April 6, 196.7. Director of Pla_n 'ping report, dated April 3,_1967, reviewing.,'the application,, submitted:'and filed.. Mr'.. %pyrd .re- quested that the Council reaffirm it's position of March .6th supporting-; the Planning Commis`sion's denial of the 'Use Mr. John Georgedes again 2 89: April 3,'19,67 01 I I Mobile -Home� before . Council - reviewing thb. de- John Gdargedes ve-l-opjRent..,PropQsed.Y .and..r.equesti-hcj Council to (Continued) - a -sewer,service -for- the project. After discu'ssion matter, a motion.was.made by Councilman.Brainerd, and seconded by Councilman ..Lipmap.-,' support ing the Planning Commission's - 1 ri i,�l_:of the U - .Permit and maintaining the ..Councill.s ;position .of rejecting the connection ,request.because the Use Permit flicts with.t City.(jeneral Area-wide Plan, it _,is.premature,,'and constitutes-urban.sprawl, - further moving the staff -be.represented at the .County ,meeting. -Motion carried unanimously. 3 � Goldeft.Agers Club Director.of Rereation-.RichardShollenberger ad- c. dressed . the .Couric-i- -,regarding a_.problem which has....deve loped. with -transporting - members-- -- of the Golden-.Age rs.-Club,:"to-their weekly meeting.-at the _Kenilworth Recreat:ib'n_7Btilding. He that.t --loc'! Red Ckoss chapter has assisted the - he a - ..-Rec-reaf--i in providing transportation, but,'since its reofg.cdhization, -it. will be impos- sib-le-for the Red service. - e Mr,. Sholleribergbr-requested.-th -- .Council - to assist in a- solution.to this- problem.- Mrs. Flora Forbes, Presi'dent:.of the_•Golden Agers appeared be- fore .the 'Council..-aski-ng for - in., organ i zing -vtrafisp6rtation: fok, thee: Club ''and in- _ viting to.•attend one of*the - -meetings. —Yo 'Former Mayor Arthur. was also present: and '.spoke -- in 'support- of Agers' -request—After a.. brief .discussion,, Mr. - berger.was-dire6ted.to work,with the Golden Agers and _Mr. Parent,*ori . the .specifics .of -- the - transporta- Lion situation for presentation a:s s tudy to the . -._ prob taking. into Council.to explore thetotal consideration the.various:clubs sponsored by the . 'During the Mr. Shollenberger stated-that he will..arrange-transportatioh for .....the- Club members. Petaluma Swim Direc,torl Shollenberger ap- FeeL geared before the Council with- a.recommendation f rom the Recreation -Commission that - a - one-year ..."_con�tract be entered - Anto­ With the City for the Petaluma Swim-%Club'to pay.a fee of per month. He.- .reviewed , a lett6k.from the-Recreation Commis- son .regarding the -fee andusage of the. - pool. Said letter with a copy of the Club's btidget was submittedand­filed. Letter,, dated ,March 24, 1967 from Mr, X.P. An-tognini . Petaluma' Swim. -, Club, - requesting the . fee, sub- .. The City - Manager , noted that July 8th .is scheduled for- swim meetf, and in or- der.to make-it clear to everyone - concerned - and in line with-h-is-sqgg,estion, the Council asked Mr. Antogn was present-in support of the Club's request; to approach- the Fair Board re- ga pool usage..on.July 8th the .: agreement - :that - the­ ' Fa:.ir to use the pool during the - E'ourth , :Di-strict. - -Agricultural Fair. In discussing the usage of the pool; Mr berger :pointed out. :Conditio :Conditions #3 and Wof the proposed contract— "The C1 ' ubl's all .. condi-tio . ns , .,of the-rules and regulations s the use of the pool and.that the dates and specified can be- °.changed subject - to the general , programming�of - thel.-pool.," The City Manager thus . the Council the $150 fee, understood that the Clqb._is aware that - .the schedule is subject to- general programming of the out Pool Coordinator *,qnd'* 9-.) Council members to be appointed Economic Development,: `The.City._ Manager. reported .tha.t- he_attended last of North Coast Region Thursday, ., .,meeting .of .the Economic Deve`Topmen of the North, Coas -t „..Region .sponsored by the .Cali - fornid State, of.:Commerce = °at which several. excellent •panel discussions :were .heard,. -Chamber of Commerce. Councilman RLipman, announced, that- - the, annual Annual. Ins ta-Ilation Chamber.'wof...Commer.ce, installation- will .be .'Sa-tur- f, day,:,Aprii.l5,, 1.967. Petaluma Entrance Councilman h. ipman.reported.that . the- signs for Signs each .entrance -are .ready fpr installation but that the- .property..at .the northern - •entrance has been sold by.'Mr. Tocch n - and” a- •new%loc'a being sought. Adjournment'- There- being no..: further -.business - come :befor.e the Council,. the .meeting was. adjourned - at-11:�3b o" clock..P,m, Mayor. Atte t: 'City C : rk April 3, 1967 ' Petaluma Swim Dr. Rudlof f., ! whereupon a -motion was :made by Fee (Continued) - Counc•ilman,.Lipman:, and seconded by CouncIlman- Cavanagh., Jr. ,- .sett`ing the fee for the- Petaluma Swim - Club : at $150 per -month for a one -year' con- ' tract. . carried.. .M r ..- Walter Thompson :of the Peta luma Swim ,,Club; invited the .Mayor' members of the :Coup_ cil.. , to attend the - -first] swim meet on June-Jb;, 1967. -...ot University of ::..:F.ormer - Mayor".Normair�.=P•. Van Bebber addressed the California :-Council urging support of - ,a site selection. for Res..- •4 NCS the University of ,=California campus in the Sonoma County area; whereupon Resolution 447'l5 N.C.S. urging., establishment :of_ North Bay Campus • of Univer- si•ty of: Cal- ifornia`.in "Sonoma - County.,, .was introduced by Councilman, 'Lipman, seconded -by Councilman Brainerd.;. _and-: ado.pted,, by ._.5-4•af firma•tive• - votes,, 2 absentees. Collier -Unruh Act Resolution. #4'.716..N.0 :.S- .... the .eliminat• on Res.. #4716. NCS of matching .;'require .and - urging -the .cbm- ._bin -ing . , the.:adin nistration •of the gas tax funds- which are .now ..separately . adminis.tered. and, allocated, ° was.:ntroduced by:Counclma_n °Lipman, seconded. . affrma- by - Councilman - Brainerd, and .adop.ted 5 - tive Votes., -.2. absentees . Economic Development,: `The.City._ Manager. reported .tha.t- he_attended last of North Coast Region Thursday, ., .,meeting .of .the Economic Deve`Topmen of the North, Coas -t „..Region .sponsored by the .Cali - fornid State, of.:Commerce = °at which several. excellent •panel discussions :were .heard,. -Chamber of Commerce. Councilman RLipman, announced, that- - the, annual Annual. Ins ta-Ilation Chamber.'wof...Commer.ce, installation- will .be .'Sa-tur- f, day,:,Aprii.l5,, 1.967. Petaluma Entrance Councilman h. ipman.reported.that . the- signs for Signs each .entrance -are .ready fpr installation but that the- .property..at .the northern - •entrance has been sold by.'Mr. Tocch n - and” a- •new%loc'a being sought. Adjournment'- There- being no..: further -.business - come :befor.e the Council,. the .meeting was. adjourned - at-11:�3b o" clock..P,m, Mayor. Atte t: 'City C : rk