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HomeMy WebLinkAboutCity Council Minutes 10/20/1958October 20, .1958 7:30 p. m. City Hall Petaluma, Calif. Regular meeting of the Council of the-City of Petaluma called to order by Mayor -Parent. . 1 RbLL CALL: Present: Councilmen Crinell'a, Ellis, Gustafson, King., Matzen, Van Rebber'an d Mayor Parent.' Absent: None. INVOCATION: Invocation was given by Reverend Roy Ross Two Rock Valley Presbyterian Church.; APPROVAL OF MINUTES: Minutes from the"meeting of Oct, . 6, 1958, were a p proved as recorded. 11 PETIT &`!COMMQN'ICATIONS. Copies of applications for transfers of alcohol beverage licenses (The Rend - And- 101: Club) approved v by Chief DeFMae4t.i;6:. ' submitted and filed. -Flood .Control Survey L6tte­r'fro­m Congressman Hubert 8. Scudder dated Oct. 13, 1958, re,flood control - survey of 'Petaluma. Creek watershed, read: and filed. Letter from Ikma Glasser, Personal Secretary to'Senator Thomas R Kuchel, dated 'Oct. 10 1958, acknowledging receipt of letter from City of Petaluma re flobd'.control survey-, read and Letter from - Petaluma Soil Conservation District dated Oct. 7, 1958, re survey of Petal I Uma Creek watershed, read and filed. Mayor Parent informed the Council th.q.t'dt a recent meeting he had talked: with ,the Engineer in n . charge of this '&stricfafid had been assured that plans .for: doing th& subject survey during next Spring were now under way. mendat for future - budgets - ...", Ma y or arent - noted th'a"t another letter was being drafted in an attempt to have th6­ landscaping of the freeway. thro` ugh'Petaluma included in the budget of the Div, of Highways 'for. next year, Small Boat Harbor. Freeway Landscaping' 9 Letter frbift'Div: of 'Highways dated Oct. 91, 1958 re,Freeway Landscaping, read filed. A portion of the letter read as - follows "When the 9 1 59 60 fiscal year budget recommendations were prepared early September, landsca ing Petdlumd.was not included'as P adopted dd&qqate billbd k-d ordinance. It is extremely P uma had not a- doubtful that fu , fid s can be provided for this Work in the .1 959= 60 fiscal year at this - Jate.date.- "Howeve . r; copies of this letter and your letter of September '22, 1958 will be slent to our Headquarters Office for . consideration in making,recom- Le,ttek fr6ft'Sonoind Tideland, Harbor & Beach Comniission dated Oct.. 1,0 1958, 'acknowle Oging: 'Resolution 2154-:N. C. of'the City of Petaluma, -read and filed. -;Project #39 Meino ', bf`­Agj7'eement from Div,., of Highways ­$8 , OQQ,. for Project #39, submitted 'and filed; budgeting an additional (c ) C) October 20, 1958 X .Project #39 a. c'ont At the request of Councilman Crinella', City Engineer 'Al Roberts was i e .directed to submit 'a report to the Council, before t he next m et�pg% - 4sptting forth figures on the estimated cost of'the' extra .sewer work .in coffipqrison, .With the - actual cost of same. A resolution approving the subject Memorandum of A gre ement,w4s then adopted as follows;. Res. #2155 I N. C. introduced by Councilman Matzen, secoiided by Codnqilni.an.Gusiafson,: entitled, "RESOLUTIO ON OF THE CITY COUNCIL OF THE CITY OF PETALUMA AbOPTING B , UIPOET AND APPRO' 3 FIRST U,P. �PLEMt. "'MtM!O O":F A G FbR EXPENDITURE OF' G"AS' TAX ALLOCATION 'FOR MAJOR CITY STR.EETS..-'!%: adopted by 7 affirmative votes, .Mt. Ave. Storm. Drain Improvement T n`Mt.' y Q o venue - s t - "l ­­ _ gned. by Frances Gebhardt and b approved y, Beni' y H. Gebhdtdt-_ - Earl Lo '.H - Grqff MArthb, - Gr 4ff, William L.' Horn "'and idaiM.." Horn, r6 flo6d'.cQfidifions in' eir area., read'and filed. CiW. Ehgineer'..A I Roberts Ox i -stimate of plained that s Increased e hi '0 "aie'of fho 'fio 'Nio -y �4k C od 'dond 3 in, t 4��Mt..' _w area $48, to'propeil ease in the .!Size of t e pipe, '�e le ' hi&` had ' been necessitated by'' 'h' W, , -- - Rb ., '' __ . es idents was necOssar Mr' berts stated that he I a never ised- rom ,of Mt, View'Ave. - .flood - ,relief, but mekely -, assistanc6­ that - the. City 'a could give to protect pr I opQr n the e 6iifi,& the� Wint y j er He 31lood f - could be provided'i didbot belieik_ x n tfie- area witho e construt : tion of a perman6f storm drain - syke m Mr... Roberts w , ent,on-to'ex pl ain that fie, hadnot recommended the -constiuctio:h of:d permanent -- storrri - drain l' y ' system this Fall, - because of the -A &h could`be cradted b - ra' in .during this tj6n - consconstructions -etd, t % siated th& $5 000 - Coutty"a opa for­ project Was in no way.tel4ie4 w the `a W"hich' ls,'be'i expended the .lower - 'end - of Nt.­ View - Ave.' at.. thi's 'time' Mr. Roberts - noted that City " I _ ,_ 7- _,: - , !' Mana:gef Ed, Fian.k'.Wa§ - 06§�irous of With'the property - owners - on U - a tte M t upon his 'return to: t ' - i�hbfe­_ir� r. View Ave he Citki, to clail y"this Mrs. (ebh -E( . idt'addr68sed the C ing h' ouncil reit"eid''t" at had stated in h leide Ma Paie d - to Mr*s,, Gebhardt that the Coune'l cfian.c�ed ;p I ;;'l � o jaine its mind 'about with ih 6 " 1 1 for pjr '6ompiei&4Io6 p ai dxellc1: for the Mt-...View th - .yedr,, after 1 oiing,ov6i'the' s'if4Afton­'w City Engineer , qnd poin that this woUldnoit" i be fea.sible.`He st that the Council Would have td go by the fi 'ures;- that there Was� no _9 'choice in the matt6t. Other membem of the Council stated - that they Were very - qnxiousto 'see,�his work"c6mpleted, but werealso "interd'sted in hay.in n - properly, g it do e ine in accordance "with 'the' r e*commend of the'City. Efig er. ' RE-POR-T-S.,OF CITY-OFFICIAL.S? -City Manager-. Claims approved for baymeni by the' City Mana r were submitted'and '' .. o ... I .. . . . . ,filed-,- whereupon, R es, N. Q.; S. - introducedby Coundilriian Matzen sec ind by C, . otincilm',an Ellis - approving dla arid'b'ills'(No'.s'.- - 133 - 9 - to - .1 , 503 iinq` e s 'ead b y 7 affirmative'votes. (2). October 20, 1958 City' Planning :Commission Use. Permits Pauline Garrett & Dr. William :C,o Lee . Copy of resolution granting Use : Permit to' ;Pauline''.Garrett, 142,8 Sierra Drive, to conduct home.for foster children, submitted'and filed Copy of resolution granting Use Permit to Dr; . William C. Lee to operate 'a laundromat at 125 Keller. Street, submitted ':and. filed. General'Plan for Petaluma Area Copy of Planning ; Cominffsron resolution recommending to the Council that it employ Lawrence Livsngs,ton, Jr. , Planning Consultant, to prepare the General. Plan for the Petaluma: Area 'submitted Wand filed. Report of Planning 'Di:re'c:tor Rich Coleman dated :Oct. 17, 1958, re Planning Consultant to prepare General`'.Plan for the Petaluma Area, submitted and filed. Planning Director Richard Coleman and Chairman of the City _Planning , g ' _ addressed e Council.. explaining' how the .City Panning . De artment Dad L Livingston .as the Planning- Consultant g:` p to prepare the General Plano Mr:. Dean stated that *Mr..Praether County Planner,, was very much in fa,vo*° `of their `selection for this appointment: It was noted by Mr. Coleman =.and Mr, bean thus Mr. Livingston wa very`well qualified 'for this job, due to 'h:s ,considerable eXperience in preparation of General .Plans. VIr Coleman , advised the Council that Livingston would in town tomb rro morning.'at 9 and;'suggested that'men hers of 'the Council speak with h M at that time to 'elarify any questions - on the subject they might have in mind; 'Mr. Coleman explained in detail hove the City, County and Federal Government would 'All share in the cost` of the program. .During discussion . ;the subleet; and in answer to a` question by Councilman Kingq 1VIr Coleman sated that the City would not actually - enter into 'd .contract with Livingston; that the contracts would be: between the City and'Federal Government, - and Mr.. Livi,ngston and the Federal Govern_m ment> The Council 's resolution on the matter vvas then changed to read y otaate contract for the se he dt k, be and they are, - hereby authorized to ne g rvices of Lawrence Livingston, Jro y Planning Consultant,- - for the preparation of a general plan for'the*Peta�luma Area <'' These , changes were then initialed' by the introducing and 'seconding Councilman King stated that - he was still not ready "to . vote on such resolution. He believed the Council should "no state at this time that it is 1. w illing to negotiate with Mr.. Livingston> He.:f I elt than: further consideration shouhd be .g i ven - to 'comparison of panning consultants;: - - City,-Attorney Ed ;- Robert pointed' :out that the resolution before the Counc41 was not to hire,anyone but merely to authorize negotiations - .,for a contract. He exp lained , that "the actual contract would be approved at a later ' Other 'members .of the Council expressed their ;approval ' of the selection of MIT- Livingston by the .Pl'anning Commission and their` desire to expedite this program by- voting on the r esolution novv before the 'Council whereupon, Iles . #21.5.7 N, _C S introduced by Councilman .Ellis,, seconded by Councilman Van Bebbe °B entitled,, 'RESOLUTION 'AU THORIZING THE MAY AND CITY CLERK TO NEGOTIATE A CONTRACT FOR` THE SERVICES OF LAWRENCE LICINGSTON, JR., NIN : PLANG CONSULTANT, FOR THE .PREPARATI6N OF A GE PLAN FOR THE . FETALO"MA AREAa' wa read Viand ' adopted by the following vote-, (cont ° d o ) (3) M October 20, 1958 General Plan Res. #A57 NGS - con Ades'-'Co`uncilme Crinella, Ellis, Gustafson,, Matzen, Van Bebberand - Ma y , . or Parent, Noes Councilman King. Approximately 9,0.35 p. m. .- - A 5 minute recess was called. at this -time, . led back to o lr. der, The meeting was ca. Harold S jo)inspn- County Director,_. C-,iyi.l- Defense..® Discussion of'NeW Countx,'Ordindnce.. Conc"u'r'r'*ent",Re8Ol C61onel explained' the necessity for - certain.leoslation.by the City, due to the new Civil Defense plan; where on,, Res.. #2158 M Co S. introduced by; Councilman Gustaf son*,, seconded by Councilman -Crinella, entitled, !!RESOLUTION OF THE CITY COUNCIL OF -THE C ITY OF .P . ETALUMA' CALIFO A . RNI'IN "THE MA' TE R 0 F T H E " XPPO IN T MENT OF CIVI I , L . DEFENSE PERSONN . EL OF F THE - CITY OF .PETALU I MA AS OF . F . ICJA_LS OF' THE PETALU MA "11STRICT OF THE SONOMA CIVIL DEFENSE AND DISASTER ORGANIZATION.. was read ',and 'adopted by 7 affirmative votes. A resolution approving „of *Col., Johnsoin remaining in - his present' position, and an ordinance in regard to mutual aid between the -Districts, etc. were to be taken up by the Council at a, later date.. Director of Tub -.-Garden ' a No'Ficetb"Public -rO CiWs policy on disposition of. garden - trimmings, submitted "and filed; letter - on 'subject dated Oct. 16, 1958, - - signed . by the Director of"PUblic .Works & City -Eng* e d t`c� be ineer, requesting' questing that sal notice pqblished'in the local - newspaper-, submitted _an_d­filbd, Councilman - ,Qustafsonsaggosted ''hat the City investigate to determine how other cities ate handling the problem - of - g4rdentrimmings. - Other ' members of the Council' stated that. -- inasmuch - ;as the Garbage Company was including this service in its '.rates they felt - fhe.Garbage: Co. should'as.sume responsibility of the task. Ma yor P ” - article * .of explanation m - p should Pare t e b - A ieved a n , the subject notice'."'' --Project.' #39 Report io of Str*eets:john Stratford 'dated Oct. 17, 1958 - re unpa,id'curb, - gutter and c riveway -improvements,, Project 439,, submitted and filed. The City. Engineer informed the Council that the property owner in question was nQw.making'arr withifie contractor to do this Work himself; where Res. #21-59 - Ni; Co S introduced .by C6uncilm anVan Mbber, - s I eco.nded",by Councilman :Ellis, entitled was read and'adoptedb y 7 affirmative votes. : (4) ''RESOLUTION ORDERING THE SUPERINTENDENT. OF `STREETS TO NOTIFY CER'T'AIN PERSONS, - THE OWNERS OF PROPERTY ., ! T PROPERTY LOCATED AT 3� 38" ]�,N 1_"§H EE ASSE�, ` . ' ' SOR.i, � 'S PARC NO. W V 81� To CAUSE CURB AND APPROACH 'TO BE PRIVE A CONSTRUCTED N_ AdCbR6A kE W IT H , T I HE", NS 70F - .STREETS & HI'G Std`T'JONS 58107HROUG I I October 20, 1958 Other ;City Officials I Monthly reports.of the various City Departments were submitted and filed. ;C�ity,Attotney, I , is,ed 'him thathe would deny the subject petition, basically on the grounds that the investment of the Wickersham Park Trust.Fund is not permis'sible.in..this instance, in that a4e.'ase�-hold interest, which in effect the fund would be t a sound'securit of the terms of the ,,.ying,. is no y -in his opinion in view will of TIiomas:MacClay. He suggested ,two other methods by which it might be possible to handle the situation: (1)'.Ibe form ation ofa non profit corporation which would then enter into agteements the City* for the lease of the City, property -, and agree to J." perform - ill. 1 6' - so lely 'bnsiru6ting building perform certaiii'functiWig 'fdt purpose so e Y of c( in accordance with' plans ' spOcifidations'as required ' The n.oii-:,pro it corporation would then :use bonds, br -debenture - , .",48"' the-case might 'be.. Th ,Tr Fund - then co * uld'pr6ba U e e debenfUr6s,' and that p rehas' those , w.oLlld�-r �! 'i'V�thecorpor- money,' In - that fashion' you - wo having , sufficient money ds . .of the .. ey I,- in. the . h o uld ehd'u hn -pro_ rpora.tion which would ".enAble* it to - cause the building to be constructed. -- Mr. Robert stated that h t jj�-6L t h .e was qui e 's i procedure would meet with'co ' approval. (2) Under the City- -s - Revenue B This - law would permit the Council to . use r I evefiUe "bonds for the purpose of constructing a revenue producing facility. The bonds used - would U�,J ­ - be tree. Mr. Robert bert felt that the final` action, for"t' he general protection of the City, . pa cUlarly if the 'City were - o use the ickersha- m" Park :Funds, - should be validated by the Superior Court, He std.ted'that he believed the Revenue might i est method of'pioduc Bond Law g�t be fhe qu"6 producing the funds; this 'd used , ­ law' ha never been us City of Pka luma before, Mr. Robert noted that th - ",non, Trofit corporation method" had been used in -other citiesand had 'worked, The City,'Att orhey was directed to check with other City. Attorneys - to - determine - whether or nor their have . the - 1k - eV`enue - n Bo d Law; if 'they 1 , 1 � ., ngs - on it have used 'it` and h6w - theY - have­ used It"' and 'if they have had ru This information, together with furfther'details bn'the two - methods suggested by th, City 'to' bi-- f the gorney, was urni,�hedfhe'Coundilto ne meeting. A DOPTION OF ORDINANCES,.: Ord... #530 NC S AmendijIg 'Zoning, Ord-. ,(Rest Home. - .Residential -Dist.) Ord. N. C S.. introduced by Councilman.Ell'isi".-..seconded by Councilman Matzen, entitled, " AN ORDINANCE AMENDING ZONING ORDINANCE NO. 340 - .k0biNQ IH REST HOME-.`"R DISTRICT 'O' A` adopted by 7'affirmative votes. (5) 12 October 20, 1958 CONSIDERATION OF UNFINISHED BUSINESS: Building Cbde " " ' " . -, ' I. I I I,— Cityi"Attornoy Ed Robert stated that upon checking with the Leap of California .Cities, he.had been told that they knew of"no city that - had'an , ordinance providing for a- variance from the building code. Discussion took place in regard to the authority of the .Board of Appeals .,to beset up by the proposed ordinance, etc"'. The matter was '.held over for fuithiat study until the next meeting. A21OURNMENTI- Ther& being ing no further business to'come before the Council, the meeting was adjourned. I - . Attest, X-fty. /�L�44A or. I I I (6)