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HomeMy WebLinkAboutMinutes 09/19/1967a � MINUTES OF MEETING OF CITY_ COUNCIL PETALUMA -, CALIFORNIA September , 18 , 19167 Council Meeting Regular meeting of the Council of the City of Pet - aluma 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 John Jaster, St. John's Lutheran Church. Approval of'Minutes The minutes of September 5, 1967, were approved as recorded. Radio System Purchasing Officer John Cahill reported on the in- Police Department formal bids received for the replacement of the Res. #4824 NCS radio system at the Police Station with and with- out a remote console. He recommended that the bid submitted by Motorola with a remote console r' for $7,250.00 be accepted. In answer to Council- man Cavanagh., Jr:, who questioned the use of an informal bid procedure instead of the formal procedure set forth the Charter for purchases over $`3,000.00, City Attorney Robert explained that the bids received were used for comparative prices °in an effort to have the same radio equip- ment throughout the City, and in this situation, the formal bid procedure is not necessary. The City Manager also pointed out the advantage of having the same equipment from a maintenance standpoint, whereupon Resolution #4824 N.C.S. awarding contract to Motorola for the furnishing ' of radio equipment to the Police Department, was introduced by Councilman Brainerd, seconded by -' Councilman Lipman, and adopted by 6 affirmative and 1 negative votes'. Councilman Cavanagh, Jr..., cast the negative vote and stated that he voted "no" because he questioned the bidding'procedure that 'was followed. Robert.'Kendall Mayor Putnam introduced`Mr. Robert Kendall, Ad- ministra to Assemblyman Bagley. Mr. Kendall "stated -that he.plans to attend a Council meeting once during a quarter for Assemblyman Bagley. It was suggested by the City Manager that Mr. Kendall notify us in advance when he will be present so that his. name will appear on the agenda. The, of.Mormon Elder Balcomb and Elder Wright, on behalf of the California North Mission -and the Church of Jesus Christ -of Latter Day Sants, presented "The Book of Mormon" to Mayor Putnam and to the City of Petaluma. The Mayor accepted the Book for the City and added that it will become a part of the City records and possibly of the City Library. ABC Copy of application filed with Alcoholic Beverage Contrel for Off -Sale Beer and Wine License by Lyn J..Stevens for­7-11 Store #142, 430 Washington Street; approved by the Chief of Police, Building Inspector and Health-Officer, read and filed. September 18, 1967 Governmental Letter, dated September 4, 1967, from Assembly,- Tax Sharing man Bob Monagan with copy of Assembly Joint Resolution No. 29 relative to governmental._ tax sharing and u in support by adopting a resolu- ton reques,tin o act, read and filed. The, Council asked the,Cty.Attorney to prepare an appropriate resolution for presentation.at. its next meeting. Western Greyhound Notice, dated September 1, 1967, from Western Lines Greyhound Lines regarding application filed with the Public Utilities Commission to elim- (,� inate reduced-rate commutation fares in various ® areas., submitted and filed. ° f Civil Defense Letter, dated:September 6, 1967, from 'Ralph E,. Kostka; Coordinator Sonoma County.Disasterr -, Office,, with copy of Sonoma'County Board of � l� Supervisors' Resolution #204.98�authorizing ® transfer of ownership of certain Civil Defense property to the City of Petaluma, - read, and. , filed.. Claim- - John and Claim',for 'damages filed by John: and Dorothy Dorothy Rupprecht Rupprecht, 55,2 Howard .Street; read and filed. Res. #4825 NCS It was: noted that the claim .involves damages to claimant's .garden from =weed spray used 'in the weed abatement program, whereupon ,Resolu- tion1#4825 N..C.S. denying claim-of and � Dorothy ouncl- Ruppre,cht, was introduced by Council- � man,Lipman, seconded by Councilman Colin and adopted by 7 affirmative votes. Appeal -Petaluma - Letter,.dated September.l2,.,_l967, from P. Service Station Douglass Schwobeda, attorney for Petaluma Operators' Assn. Service.•Station Operators - ',Association, appeal- Res. #4826 NCS ing Use'Permit #U12 -67 granted .''by the P.lanning Commission to Standard Oil Company of. California .to allow a service station in a C -C `Zone to be located at 1440-E. Washington. Street,, list - ing reasons for the appeal and requesting that. a moratorium be considered of any further use permits for service stations in order to permit the Planning Commission and - the City *Council to study-: thi s, •matter , ;read And, fi led. Assi'stan't Plann6r Graham' read his, report to the P'lanning'Commiss "ion werein he the Use Permit with . certain-,conditions. He also showed the loca- tion of the area on a map:•,.. Mr Schwobeda then addressed•the Council kn behalf' the appellant giving further particu- lars on the reasons for the appeal and,request- ing that the Council consider- denying the •Use;,' Permit ' or- grant a 90 -day, moratorium. I;t, was pointed out by the Assistant'Planner that the - Plann "ing Commission is holding• public study session tomorrow night to- discuss proposed service station regulations.: Mr:° Robert- Mackey; representing 'Mr. Harold . Cutler.;•• one .o.f the .owners .of the property', addressed the Council commenting on the remark`s. made. . Mr. Schwobeda and'urging the Council to approve' Use Permit. Service station oper -. ators who'S i support o the "appeal we Malcolm Burnett, Byron F:auss and :Rober - Acorne. Mr: Ken:Heggum'and several representatives of - the Standard° Company were present. Mr. Virgil McNabi of the Western Oil and Gas addressed the Council objecting to the idea of a moratorium. M 1 1 r 12"I= . 1 September 18, 1967 �® Appeal - Petaluma Following consideration of all facts presented, Sery ce',S'tat ion the Council f'in'alized its deliberation by sus- Operators' Assn. taining the Planning Commission's decision per Res. #48216 NCS Resolution #4826 N.C.S. of findings and fact and (Continued) action taken by the City Council on the appeal of P. Douglass Schwobeda, attorney for Petaluma Service Station Operators' Association, from the Planning Comm s;sdon's approval of Standard Oil Company of California's application for a Use Permit, was introduced by Councilman Brainerd, seconded by Counci.lman'Battaglia, and adopted by the following vote: Ayes: Councilmen Battaglia, Brainerd, Cavanagh,, Jr., and Mayor Putnam. Noes: Councilman.Lipman. 'Abstain: Councilmen Colin and Joerger. Absent: None. Councilman Lipman qualified his "no" vote by stating that he preferred waiting a reasonable length of time until the Planning Commission and the service station operators draft service station regulations for Council consideration. Councilmen Colin and Joerger abstained because of personal interests in the service station business. Following a brief discussion on the matter of a moratorium, Mr. Schwobeda stated that he would prepare a letter requesting a moratorium for the consideration of any further use permits for the construction of service stations and send it to the Council for attention at its next regular meeting. Upon suggestion made by City Manager Meyer, he was asked to prepare a list of cities that have ordinances on service stations to find out why such an ordinance was adopted, how successful the ordinance has been, etc. _ Recess A recess was declared at 9:15 o'clock p.m. The meeting was called back to order at 9:25 o'clock P.M. Claims and Bills Resolution #4827 N.C.S. approving claims and bills Res::, #4827 NCS Nos. 11754 to 11863 inclusive and Nos. 1197 to 1233 inclusive, was' introduced by Councilman Brainerd, seconded by Councilman Colin, and adopted by 7 affirmative votes. .City /County Letter, dated September 15, 1967, from James V. Government Week Fitzgerald, Bay Area Coordinator of City /County Government Week, stating that Governor Reagan has. designated October 8 -14, 1967, for a state -wide salute to City and County Government, and as Coordinator of the Bay Area counties, Mr. Fitz- geralddurged that each jurisdiction take part in activities to promote local government, read and filed. a Mayor Putnam commentedd that one phase of City government appropriate to the subject week is the Mayor's Second Beautification Conference to be held in October, noting that the date has been changed from the 14th to the 12th of October and that plans are being formulated under the chair - manship of Lloyd Burlingham. The City Attorney was directed to prepare a resolution relative to City /County Government Week for presentation at the next Council meeting. .,, September 18, 1967 B. J. Whitlow City Manager Robert Meyer reported that.'Mr. B.. J. Whitlow, affiliated -with the Assessment­ District 49 N-.S. engineering firm of 'Whitlow,; Hoffman & Albritton, passed away on Sunday - California The City Manager'stated that he has received ± an Theater invitation from the manager the. - California Theater for the Mayor and Council and several staff members to attend a special showing of the "!Greatest Story Ever Told" on September 27th at 2 o'clock p.m. Swimming Pool It was reported by the City Manager that Rapp Construction Company started deck repair work . today at the swimming pool.. ABAG The Council was reminded by the City Manager of the Association of Bay Area Governments' meeting on Friday, October 13, 1967. League of'California The Council.was. asked by the City Manager to Cities - Annual - .notify his secretary this week regarding ad- Conference vance registrations for attending the subject Conference. in San F- rancisco October 15 =15 1;967`. Denman Flats - Councilman Colin spoke in regard to the problem Re Flooding Hazards of increasing flood hazards created by the de- velopment of Assessment District #9 N.S. and 'the thousands of yards of fill being dumped into the Denman Flat Area and suggested that.per- manent ponding areas be created in Denman'Flats to prevent flooding in East Petaluma. He recom- mended that immediate steps be taken to present- this problem to the Sonoma County Flood Control. Board. He stressed the- :improtance of some action soon and requested that Councilman Joerger, as member the Zone 2 -A Advisory Committee, follow through on a permanent ponding program for the area. In the discussion that followed., it was noted. by Councilman Jo:erger that funds in the amount of $'80,000 have,been° approved -by .the Sonoma County Board of Directors for storm drainage master plan study. Director of- Public Works David Young.reported on the"_, status of the Study. It was agreed that speed is � .needed in creating a master storm drainage plan. The Mayor interjected a suggestion of develop= ing a ponding area into a man -made lake with the possibility of using it for recreation'al'purposes. Traffic Committee - Counc , ilman , Brainerd reported that.the Traffic, Committee concurred with the findings and recommendations of the Traffic Committee's report of June 19th regarding the recommendation of the Community Congress group that a City 1 Traffic Advisory Committee be set up, appointed by the Mayor and City Council for the purpose of functioning as a public relations group-. The best way to proceed in the matter wi,ll.;be studied. Upon suggestion by Councilman.Bra'inerd, the City Clerk was asked to send a letter to Mr. Lesly Meyer thanking the Community Congress group for its efforts and willingness to cooperate. Chamber of Commerce Councilman.Lpman' reported that at the Chamber of Commerce Board of Directors ' meeting held today, the status,'of the Industrial Brochure and the matter of. Christmas decorations were discussed. 0 1 1 1 September 18, 1967 Lucchesi Park Councilman Joerger, Council representative on the Weed Abatement Recreation Commission, reported that certain recom- Pro - rare mendations will be made soon with regard to Lucchesi ' Park general pla and capital outlay. - - Planning Commission Resolution #Z7 -67 recommending AP #19 -20 -38 prezoning A.P. #19 -20 -28 to an "A" (Agricultural) Ord. 4 NCS Zone (7.3 acre site on "I" Street Extension and Sunnyslope Road intersection), to become effective - upon annexation to the City, submitted and filed. It was noted that this is the site for a new Elks' Lodge hall.. Mr. Owen Fredericks, President of the Elks' Lodge, stated that the Planning Commission originally approved a C -N zone for the site, but in anticipation of opposition, the app�ica -tion was changed to an " A " zone, whereupon Ordinance #874 N.C.S. prezoning A.P. #19- 20--28 as recommended, was introduced by Councilman Joerger, seconded by Councilman Lipman, and ordered posted by 7 affirmative votes. Amend Code re The City Attorney noted that the subject amendment is Lakeville Area City Attorney - Robert reported that a meeting was held Ord. #875 NCS with property owners in the Lakeville area whose property "was subject to Council and staff concern re= garding sewage problems. Means of financing a sewer line in the area was discussed at the meeting. Mr. Robert stated that most of the-property owners are prepared to deposit their share of the costs with the City: "After development of cost figures by the City Engineer, Mr. Robert added, another meeting will ire held 1 Weed Abatement Fire Chief Roscoe Benton read his report, dated 6 Pro - rare September 8, 1967, regarding the Weed Abatement Pro- - 19'67 =6°8 gram for 1967 -6`8 and reviewed his proposal presenting recommendations on the-operations and charges for the program. Copy of report.and "proposal submitted and fi.led.. • In brief,' the proposal recommended raising fees and adding one man to the Fire Department - three- fourths of.his salary to be derived from the Program and the other one - fourth to be added to the Fire Department budget. After a short discussion, a motion was.made by Councilman Battaglia, and seconded by Councilman Cavanagh, .Jr., to follow the weed abatement program 'as recommended. Motion carried unanimously. Mr. F. Powell spoke to the Council about a weed abatement problem regarding his property. The Mayor stated that the matter will be taken under ad- visement. Amend Code re The City Attorney noted that the subject amendment is Purchasing Ord. necessary in order to up -date the purchasing ordinance Ord. #875 NCS in line with recent charter amendment, whereupon Ordinance #875 N -C.S. amending Chapter 2, Article 7 of the Petaluma City Code of 1958 by amending Sections 2.74 and-2.75 thereof; to establish formal contract procedures and open market procedures; and, establish dollar limitations thereof, was introduced by Council- man Brainerd, seconded by Councilman Joerger, and ordered posted by•7 affirmative votes. 1'965 "Edition, Building Inspector Oberto was present to discuss National Electri- •proposed electrical ordinance with the Council, which, cal code he said, was approved by the Board of Building Re- Ord.- NCS view. Councilman Joerger objected strenuously to the increased fees and following some discussion, Ordi- nance #'876 N.C.S.. regulating the installation of electric wiring, devices, appliances or equipment with- in or on any building, structure or in the City of Petaluma and regulating the alteration of or additions to existing electrical wiring, devices, appliances and equipment in said City by reference to the incorporation hereunder of the "National Electrical Code ", published by the National Fire Pro- 1 September 18, 1967 1965 Edition,, tection Association as approved by the National National Electri- Fire Protection Association as approved by the cal Code American Standards Association on July 6,, 1.96,=5, and Ord. #876 NCS_ amending certai sections thereof, providing for the issuance of permits, collection of fees,, pro- viding penalties for violation of the said "National Electrical Code. ", and repeal -ing,_ Ordinance No. 644 N.C..S. and all ordinances,and parts-of ordinances in conflict herewith, was' . introduced by Councilman Battaglia, seconded by Counci.lman-Joerger, and ordered posted by affirmative and 1 negative votes. The negative` vote .was cast .by'Councilman - Joerger. Van -type Truck Specif :i for Van -type truck submitted and w Public Works Dept. filed..,In answer to Councilman Cavanagh, Jr..., the Res. #4828 NCS City Manager• that he would look into the matter of bumpers for the truck to make.certain they are furni- shed, whereupon Resolution #4828 N.C.S. authorizing the purchase of one (1.) new 1967 .. Van -type truck for the Public Works Depart- ment, was introduced by Councilman Brainerd, seconded by. Councilman Lipman, and adopted by 7 affirmative votes. Liquid Chlorine Specifications for liquid chlorine submitted and Res. #4829 NCS filed. Resolution #4829 M.C.S. authorizing 'the purchase of liquid chlorine for the�Ci,ty of Pet - aluma,.was introduced by Councilman Brainerd, seconded .by Councilman Joerger, and adopted,by 7 affirmative votes. Sewer Line - Resolution #4830 N 4 :, C;4:rS "' , .authorizing M. Carleton Sunny Slope Ave. • L v it •.. . Yoder Associates to p repare plans and speci:fi- ' Res. #4830 NCS cations - f'or -a sewer on Sunny Slope 'Avenue between„ "I" Street and Sunny,•,Hil_l Drive, was introduced by Councilman �Joerger, seconded ,by Councilman Battag.lia., and adopted by 7 aff:i,'rma- tive votes. Swimming Pool Use City Manager Robert Meyer referred to a pro- posal received from the School Superintendent and briefly discussed at a Council study session requesting the use of the swimming pool by -s seventh graders: for four weeks in October and by •fourth: graders. for nine weeks in the, spring. 33 ,[ T Per. Meyer recomriiended that the proposal be accepted on - a pilot project basis ,for $1500 With-the understanding that .before • the next budget' study, an evaluation. of the program..be. , made with the .School for a to the Council thereon. A motion was made by Councilman Battagla,,and. seconded by Counc'ilmari Cavanagh,, Jr., to work with the school on the swimming pool use as recommended. Motion carried.,unanimously. , In answer Councilman Cavanagh,,,Jr., Recreation D'lrector R ich ard Shollenberger .stated t Recreation Commission was -• informed that, negotiations were "being Made-between the 'School and= the City for the use -of , the,: swimming pool and, that a program would �deve op� upon Council appr Dreding - In answer to Councilman Cavanag,h-., Jr., the City Petaluma River Manager ;stated that he will contact the Corps of,,Eng,. neers tomorrow to r f� nd , the status of. maintenance dredging of the• •Petaluma River;. Q zif September 18, 1967 1 1 1 Executive Session -The Council retired to an executive session at approxi- mately 104 'o'clock p.m. Attest: *` CCouncilman Joerger felt that the matter has to be resolved and this is the only way can be done, adding-that he hated very much to take any action of this sort, but that it is to Mr. Ielmorini's advantage as well as to the City's."_ y The meeting resumed at 11:30 o'clock p.m. 3 3 L Condemnation The City Attorney explained that there are conflicting of Property - E. title reports covering the same property for the E. Washington Reser- Washington Reservoir site access right -of -way. The voir . City recently purchased property from Carl Hadermann Res. #4831 NCS for the land in question and Mr. Ielmorini claims that he owns the same land. Mr. Robert stated that the proposed legislation would provide immediate possession and allow time to determine Mr. Ielmorini's interest in the land. Mr. Robert indicated that Mr. Ielmorini will honor an order of immediate possession whereas he has not honored the restraining order, whereupon Resolution #4831 N.C.S. declaring public necessity, directing the acquiring of easements in real property for pipeline, drainage over.low and roadway right -of- way, and directing the City'Attorney to take such proceedings as are necessary to acquire the real property, was introduced by Councilman Lipman, seconded by Councilman Battaglia, and adopted by 7 affirmative votes. Councilman Joerger requested that the staff notify Mr. Ielmorini of the Council's action.* Adjournment There being no further business to come before the:° Council, the meeting adjourned_at'_11 :40 o'clock p.m. Mayor Attest: *` CCouncilman Joerger felt that the matter has to be resolved and this is the only way can be done, adding-that he hated very much to take any action of this sort, but that it is to Mr. Ielmorini's advantage as well as to the City's."_ y