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HomeMy WebLinkAboutMinutes 03/18/1968a' MINUTE'S OF MEETING OF CITY COUNCIL PETALUMA,. CALIFORNIA March 18, 1968 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 Present: Councilmen Brainerd, Cavanagh, Jr., Colin, Joerger, Lipman and Mayor Putnam. Absent: Councilman Battaglia, Jr. Invocation The agenda listed Chaplain Wayne F. Kildall of Two.Rock..Ranch Station to give the invocation. The noted-that Kildall has been transferred and asked the City Clerk to check with the ministerial group for an up -to -date list of ministers for invocation. Approval of Minutes The minutes of March 4, 1968, were approved as recorded. 78 Mt „View Water Resolution #37 of the Sonoma Local Agency Reservoir Annexation Formation Commission making determinations and Res. #4941 NCS conditionally approving the proposed annexation of territory designated as "Mountain View Water Reservoir Annexation” to the City of Petaluma, submitted and - filed. Resolution #4941 N.C.S. petitioning the Board of Supervisors of Sonoma County to annex non- contiguous territory owned by the City of Petaluma, was introduced by Councilman Lipman, seconded by Councilman Colin, and adopted 6 affirmative votes, 1 absentee. aq9 East Uashington Water Resolution442 of the Sonoma County Local Agency Re'servoir Annexation Formation Commission making determinations and Res. #4942'NCS approving the proposed annexation of territory designated as the "East Washington Water Reser- voir Annexation" to the City of Petaluma, sub - mitted and filed. Resolution #4942 N.C.S. peti- tioning the Board of Supervisors of Sonoma County to annex..non- contiguous territory owned by the City of introduced by Councilman Lipman, secondedby Councilman Colin, and adopted by 6 affirmative votes, 1 absentee. Grover S: Stone - Letter, dated March 7, 1968, from Grover S. Stone, Proper "ty at 625 Fifth Street; Santa Rosa, California, re- 172 Petaluma Blvd. No. questing information.on future plans with respect to property at 172 Petaluma Blvd. North where the City of Petaluma has recently taken the two adja- cent properties, read and filed. The City Clerk was directed.to contact Mr. Stone by telephone Tuesday morning and invite him to attend the Planning Commission meeting Tuesday night when the Downtown-Redevelopment Liaison Committee will - present a'report on the downtown develop - ment study to*the Council and Planning Commission. Petaluma - Sonoma Letter, dated February 28, 1968, from Assembly - Expr-essway /Freeway man Bagley, and letter, dated March 1, 1968, " from Senator Collier acknowledging receipt of Resolution #4935 N.C.S. urging the State High- way Commission to give a planning priority to the subject expressway and further urging that location studies on said expressway be commenced at the earliest possible opportunity, read and filed. 4 74 March 18, 1968 °26 Cigarette v ABAG Tax Distribution Letter, dated March 11, 1968, from Assemblyman Bagley thanking the City . . .Council for expressing its position supporting the League of California Cities; formula on cigarette tax distri' uL s!_, bution., read and filed. Proclamation Claimsand Bills Res. 44`9.43 NCS U.S. Army Corps of Engineers Boat Launching Ramp Facility �- Pacific Growers Letter, dated March 12, 1968, from the,. Board of Supervisors,, County of Santa C-lar;'a, advising its position with regard to ABAG, i.e., the original function, of - ABAG as a forum for the discussion of areawide problems through a voluntary grouping of local agencies should continue, adding that they continue to oppose ex -. pansion of ABAG authority to include: tax ing, bonding 'and the power of eminent . domain, read and filed. Councilman Joerger commented that several cities. intend to express their position at ABAG's executive meeting on. March 21st and re- quested that the Council,also discuss..ts position with regard,to the concept of, ABAG. The City..Manag'er indicated that,,.,_ this matter is scheduled for a ,to.pic 'at the March 25th study session A motion, was mad_ e by Councilman Lipman,,' seconded,by'Councilman Brainerd, advising Mayor Putnam.to proclaim the week of March 224 -30, 19168, as "Chamber of Commerce Week." Motion carried unanimously. A question raised by Councilman Cavanagh, Jr.; regarding payment of a ;flat fee to M. Casalina,'a.ppraiser for the Washington Street bridge property; and why a break down of work was not required. and yet re- quired of the City,'s. appraiser. the. matter was deferred .for discussion at the executive :session following the Council meeting. Resolution. #4943 N.C.S. approv- ing claims, and bills Nos. 617 to 70 8 in- clusive and Nos : ' 1.,_7.52 to • 1779 inclusive, was introduced by Councilman Brainerd, . seconded. by Councilman L- ipman, and adopted by 6 affirmative votes, l:absentee.. City Manager Robert,Meyer reminded the Council of the public-hearing on Thursday, March 21, 1968, . at 8:p.m.-to be conducted by the V. S'. Army Corps of Engineers, z regard - to - flood control, acid allied.• purposes on the Petaluma River..and its tributaries. He also requested that pictures of flooding problems intne area be brought to the hearing. City Manager Robert Meyer reported that the matter of the exchange of lands for the subject facility will come before Board of. Supervisors.at its meeting on Monday, March 25, 19.68, after which the City will move ahead with the necessary. proceedings for presentation of the pre- liminary engineering plans to the State Department of Harbors and Watercraft. -. City Manager Robert.,Meyer reported that in, accordance with'Councl request, he has directed the , C -ity .Attorney to fi'he appropriate legal ac:t'ion against Paci Growers to determine whether or not-the' City, under existing -law, is required to pay, the $50,000 as. stipulated by its agree- 1 ment:' F, 4 March 18, 1968 1 Marine Affairs Confer- Planning Director McGivern reportedc that the ence- Executive Committee purpose of the subject conference was to re- view proposed projects to be'done by the U.S. Corps of Engineers which will be sub- mitted for consideration of inclusion in the President's 1968 -69 budget. He added that the Marine Affairs Conference has been instrumental in securing funds for dredging of the Petaluma River. 3 , , 1 Colin, Director ,Maintenance Dredging - Petaluma River At the request of Councilman of Public Works David Young gave a progress report on the present dredging program. Verbal approval has been secured from each of the property owners who have prospective sites for spoils areas and legal permits will be obtained after the U. S. Corps of Engineers has awarded the contract for the work. Mr. Young added that,the necessary dike construction and repair work will also be done after award of the contract and at City expense as pre- viously authorized by the Council. Office of Economic Councilman Colin briefly reported on the Opportunity Sonoma County Board of Supervisors' meeting which he attended regarding the transferral of local anti- poverty programs to the control of city halls and county courthouses. The several groups involved were asked to settle their differences and reappear before the Board in two weeks. A resolu- tion of intent was passed by the Board to take over the program. The Mayor asked Councilman Colin to keep the Council informed on the matter and to attend the next meeting on the subject. Traffic Committee - Councilman Brainerd reported that the Re Jitney "Service Traffic Committee considered the appli- Ap,p,lcation cation of Gravesen Brothers for a proposed jitney service in the City of Petaluma and passed on the matter without any com- ment except that the application be sub - ject to the Public Utilities Commission rules and regulations. A map of the pro - posed routes was presented by Planning Director McGivern'for Council information. A favorable report from Police Chief Higgins was reviewed by Director of Public Works David Young, copy of which was submitted and filed. Mr. Young also read Planning Director McGivern's report to the Planning Commission, copy of which t was and filed. The application was considered by the Planning Commission on March S, 1968; and approved with the recommendation that the matter be re- ferred to the Traffic Committee prior to final action by the Council. Follow - ing-a brief discussion, a motion was made by Councilman Colin, and seconded by Councilman Lipman, directing the City Attorney to prepare the necessary documents for the next Council meeting and that the applicants appear at that time to finalize ' the matter. Motion carried unanimously. The City was asked to notify the Gravesen Brothers of the Council's action. T6 March 18, 1968 Chamber of Commerce Councilman Lipman reported on,the highlights of the Chamber of Commerce Board.of Directors,' meeting held today - the annual Chamber dinner is scheduled for April 25th, the Shoplifting' Forum to be held for all merchants next'Wednes= day night at the Kenilworth Recreation Center, and that a nominating committee presented a slate of 8 candidates for the ballot to select. four Board of Directors' members. 0 Zone 2 -A Flood Control Councilman Joerg_er reported on the Zone 2. -A Advisory Committee Flood Control Advisory Committee meeting held- . last Wednesday. He spoke of the budget pro= .: posed by the Committee for 1968 -69 which, includes $4 for the second phase of the Master Storm :Drainage Plan and $55,0 00 to be transferred from the Cherry Street - Magnolia Avenue project to extend the Western Ave. project from Keller Street to Upham Street. He noted that the Washington Creek projec.t.,.has: been delayed due to lack of cooperation on the part of three property owners in the area to';-. dedicateerights -of -way for the project. Library Board of Councilman Cavanagh, Jr., announced that the Trustees Petaluma Public Library Board of Trustees is-,,, hosting a meeting at the Council Chambers on March 26, 1968, to discuss a possible merger. between the city and county library system, and that invitations have been sent to most of the cities in Sonoma County. City Hall- County Councilman Cavanagh, Jr., indicated that the Facility Committee matter of acquiring the County portion of the City.Hall is in the communication stage and that a meeting on the subject is to be held soon. Demolition Permit Director of Planning McGivern referred to a draft of a demolition per:.mi.t previously r.e= viewed by the Council at a study session which, proposes a cash - deposit to be posted by the contractor. Copy of said draft submitted and filed. In the discussion that followed, it was agreed by the Council to change Paragraph - 2 under the heading.DEMOLITION PROCEDURE to- ll protect all utilities at the location of demolition site by providing substantial pro- tection around and over designated street lamps....." whereupon a motion was made by Councilman Colin., and seconded by Council- man Joerger, directing the City Attorney to prepare the necessary legislation for a demoli- tion permit. Motion carried unanimously. Wastewater Collection Director of Public Works David Young - reported Facilities, Proj. #3 on the bid opening March 5, 1968, for the :subject project and that an excellent bid was received from McGuire and Hester. He explained that $372,000 will be provided for the project by the Federal Department of Housing and Urban Development (HUD) and that certain in concerning the bids.has,been furnished HUD f.or approval prior to Council action. He: ,read' the letter sent to HUD with the information requested noting that one item asked whether any protests were received by bidders. He . added that he had informed HUD no protests had been received but that the low bidder, McGuire and Hester, informed the City's consulting engineer -that they were in error in list nq a supplier and wished to amend the proposal by switching, suppliers. Such action, Mr. Young stated, requires Council approval, whereupon 1 1 1 March 18, 1968 Wastewater Collection a motion was made by Councilman Lipman, Facilities,, Proj. #3 and seconded by Councilman Colin, approving (Continued) the switching of the concrete pipe supplier for McGuir..e and Hester from Hydro- Conduit to Western Concrete Pipe Company. Motion carried- unanimously. Mr. Young also explained that in order to obtain a right -of -way Easement for the sewer.project, an encroachment permit is required from the Northwestern Pacific Railroad Company and that the fee for said.permit is $6,620, adding that the Railroad Company has requested Council approval of the fee. After some discus- sion on the amount of the fee, a motion was made by Councilman Joerger, and seconded by Councilman Lipman, approving payment. of $6,620 to the Northwestern Pacific Railroad Company for an encroach- ment permit. Motion carried unanimously. Mr. Young stated that assuming early ap- proval from HUD, the Council will consider award of the contract for the subject pro- ject at its meeting on April 1st. At the request of Wm. Foster of Bundesen Realty,, the Council asked Mr. Young to discuss with the contractor of the subject project whether it would be possible to construct the 27" Lakeville sewer line first. L intersection - East Dixector.of Public Works David Young dis- / Wash;ington.& Payran cussed the proposed traffic signal at East Washington and Payran Streets recently ap- proved by the Council for $1400, stating that an additional $651 is needed for the installation according to quotes re- ceived from material suppliers. However, Mr'. Young suggested the Council consider an alternative for the intersection by removing the stop signs on East washing- ton Street and making the intersection a 2 -way stop instead of the present 4-way stop, and then not install the traffic signal. It was noted by the City Attorney that Mr. Young presented this proposal to the Traffic Committee today and the members concurred with the removal of the stop signs. Following a short discussion, a motion was made by Councilman Brainerd, and seconded by Councilman Cavanagh, Jr., approving the removal of the stop signs on East'Washington Street at Payran Street for a 6 -month trial basis. Motion carried unanimously. East ' Park Subd.. #3 Report, dated March 4, 1968, from Director - Res:,. #494.4 NCS of Public .Works David Young, certifying to the completion of public improvements in the subject subdivision and recommending acceptance with certain provisions, read and filed. Resolution #4944 N.C.S. ac- cepting completion of work required in East Park Subdivision #3, was introduced by Councilman Joerger, seconded by Council- man Colin, and adopted by 6 affirmative votes, 1 absentee. March 18, 1968 177 LaCresta Tank - Founda- tion Investigation o Petaluma'Municipal Swim Center Program 1968 Director of Public Works David Young ' r'e -- quested Council consideration to authorize. a foundation investigation for the proposed La Cresta Tank Addition at an estimated cost of $1,000—$1,300, whereupon a motion was made by Councilman Cavanagh, Jr., :and seconded by Councilman Colin,, approving an expenditure -for the foundation investigation as proposed. - Motion carried unanimously. Director of Parks and Recreation Richard Shollenberger appeared before the Council to discuss the - Petaluma Municipal Swim Center Program for 19.68. Copy of said Program submitted and filed. Following a brief' discussion on the operation and ma-inten_ ance of the swimming pool, a motion.was, made by Councilman Joerger, seconded by Councilman-Lipman, accepting the Petaluma Municipal Swim - Center Program.for 1.968 as presented. motion- carried unanimously.. Mr. Shollenberger stated that following a meeting with the Petaluma Swim Club, the Recreation Commission recommends to the Council that a $150 per month rental fee for the Petaluma Swim Club. Motion carried unanimously. Mr. Shollenberger indicated that a contract will be prepared covering the specifics involved. Sales and.Use Tax Ordinance #8 N.C.S. amending Chapter,23, Regulations Article II, of the Petaluma City Code of. Ord. #891 NCS 1958 by amending Sections 23.6 (c) , 2,3.8 (a) - . (1) and 2.3. 9 (a) thereof to adopt sales ° And use tax regulations for the City of Petaluma, and repealing Ordinance #886 NCS, wa•s intro- duced by Councilman Colin, seconded by Couneilman Lipman, and adopted by 6 affarma - tive votes, 1- absentee. Said ordinance was t declared an emergency ordinance and thereby becomes effective upon its adoption. Appropriation Upon question from Councilman Cavanagh,; Jr., Ordinance 1967 -68 the City Manager indicated that there was' no Ord. #892 NCS real hardship i- nvolved if the subject ordinance were not adopted as an emergency ordinance;, whereupon Councilman Cavanagh, - Jr., stated that he would vote negatively on the subject ordinance because of his objection to Project #23 -68 (Navi'gational Rights-Petaluma River, $50,000.) Ordinance #89`2 N.C.S. to amend Ordinance #872 N.;C.S.. _to provide additional appropriation of monies, additional capital outlay projects to be completed during the fiscal year July 1, 1967, to June 30, 1968, to establish' certain reserve funds for future acquisitions, to provide for capital acquisition of equip- ment, to provide for certain improvement" projects, and to provide that the items of the Capital Outlay Program which exceed the value of $3,000 be approved and be ordered. commenced 'by resolution and to name the fund from which the particular outlay program shall be. paid, was introduced by Councilman'. Lipman, seconded by Councilman Battaglia, and adopted by 5 affirmative, 1 negative and 1 absentee votes. Councilman Cavanagh, Jr., voted "no ". U March 18, 1968 Underground Utilities Mr. Richard Brown of the Pacific Telephone 'Or_d. #893 NCS Company. and Mr. 'Bud Bartlett, Jr., of the 'Pacif°ic Gas and Electric Company appeared before the Council to request that Section 10.,6 of the subject ordinance be mandatory instead of permissive, and following a brief discussion, it was de- cided by the Council that said section remain permissive, whereupon Ordinance #893 N.C.S. amending Chapter 10 of the Petaluma City Code of 1958 to establish regulations and procedures for the re- moval of overhead utility facilities and the installation of underground facilities in underground utility districts, and repealing Chapter 10, Sections 10.1 through 10.12 thereof, was introduced by Council- man Lipman, seconded by Councilman Colin, and adopted by 6 affirmative votes, 1 absentee. Payplan Modification - Ambulance Duty R °e #4945 NCS Resolution #4945 N.C.S. approving a pay - plan modification for members of the Fire Department assigned to ambulance duties, submitted by the Personnel Officer pur- suant to Rule V of the Personnel Rules and Regulations of the City of Petaluma, was introduced by Councilman Joerger, seconded by Councilman Colin, and adopted I-% y 6 affirmative votes, 1 absentee. Resolution #4946 N.C.S. authorizing and VL directing the Treasurer of the City of Petaluma to establish a separate fund to be entitled "-Sanitary Sewer Mainten- ance and Construction, Project Unit #3 Fund" to receive all monies, City and other, which are to be used for the construction of'sanitary sewer facilities; authorizing the deposit of the funds in the Crocker - Citizens' National Bank; and authorizing signing and endorsing checks and other instruments; and abolishing the 1966 Sewer Bond Fund, was introduced by Councilman Joerger -; seconded by Council - man Brainerd,-and adopted by 6 affirmative votes, 1 absentee. Sanitary Sewer Mainten- ance- & Construction - Project Unit #3 Fund Aes. #4946 NCS Petaluma Adobe Resolution #4947 N.C.S. of'appreciation Lions Club to the Petaluma Adobe Lions Club, was in- Res #49`4 7 NCS troduced by Councilman Joerger, seconded by Councilman Brainerd, and adopted by 6 affirmative votes, 1 absentee. It was noted by the Mayor that the gift was a lion's head drinking fountain for the Municipal Swimming Pool.Center. Police .Department Station Wagon Res. #4948 NCS J 1i Specifications for the subject vehicle submitted and-filed, whereupon Resolution #4948 N.C.S. authorizing purchase of one (1) new 1968 special service six - passenger police station wagon, was introduced by Councilman Brainerd, seconded by Council - man Lipman, and,adopted by 6 affirmative votes, 1 absentee. 33V Sonoma County Ordinance Regulating Watercourses, etc. In reviewing the tentative ordinance regulating natural watercourses in the unincorporated areas of Sonoma County to be considered for adoption by the Board of Supervisors of Sonoma County and referred to the City Council for comment., Councilman' Joerger felt that some of the terms should be more defined, particularly regard -ing "waterways ". Since there seemed to be questions concerning the interpretation . of the ordinance, Councilman Joerger was asked to contact the County for clarification of the questionable sections and possibly set . up a study session with County representatives and the City Council. State Chamber of Councilman Colin stated that he would,attend' Commerce Meeting the Northern Division of the State Chamber of Commerce meeting on March 22, 1968. Adjournment There being no further business to come before the Council, the meeting was adjourned at 10:45 o'clock P.M. to an exeuctive session,.. Mayor Atte City 'Clerk, S Oi t March 18, 1968 Condemnation The City Attorney noted that condemnation pro, -;. Proceedings ceeding,s are necessary for the Wastewater' Res. #4949 NCS Collection Facilities. Project Unit #3, where- upon Resolution #4949 N.C.S. declaring public necessity, directing the City Attorney to take.such proceedings as are necessary to acquire the real property, was introduced.,by Councilman Colin, seconded by Councilman Joerger, and adopted by 6 affirmative votes', 1_ absentee. Sewer Facilities - City Manager Robert Meyer stated that the.City' Lakeville Area Engineer has completed plans for sewer ,facilities in the.Lakeville area and explained that Council decision is required on the method of financing the.proj,ect. It was decided that the area was too small to establish an assessment district, whereupon a motion was made by Council- man Colin, seconded by Councilman Lipman,,_to construct the sewer facilities in the Lakeville area as a City project and create a -sewer district as established in the City Code (pay- back by connection fee). Motion carried unani- mously. Sonoma County Ordinance Regulating Watercourses, etc. In reviewing the tentative ordinance regulating natural watercourses in the unincorporated areas of Sonoma County to be considered for adoption by the Board of Supervisors of Sonoma County and referred to the City Council for comment., Councilman' Joerger felt that some of the terms should be more defined, particularly regard -ing "waterways ". Since there seemed to be questions concerning the interpretation . of the ordinance, Councilman Joerger was asked to contact the County for clarification of the questionable sections and possibly set . up a study session with County representatives and the City Council. State Chamber of Councilman Colin stated that he would,attend' Commerce Meeting the Northern Division of the State Chamber of Commerce meeting on March 22, 1968. Adjournment There being no further business to come before the Council, the meeting was adjourned at 10:45 o'clock P.M. to an exeuctive session,.. Mayor Atte City 'Clerk,