Loading...
HomeMy WebLinkAboutMinutes 01/21/1963AW January -21, 1963 7:30 p..m. City Hall Petaluma, Calif. Regular - meeting of the Council of the City of Petaluma called 'to order by Mayor `Matzen. 'ROLL:CALL- Present; Councilmen Colin, Crinella, Ellis, Gustafson, Solomon, Van Bebber and Mayor'- Matzen. Absent. None. INVOCA TION Invocation was given by Reverend Don Nickerson, United Church of Christ. APPROVAL OF MINUTES: 1 Minutes -from the meeting of January 7, 1963, w 6'�r e approved as recorded.- PETITIONS & COMMUNICATIONS: Claim of Mr. & Mrs. - Jack Hoyt fp r Damages Mr. Jack Hoyt addressed the Council statiiig that he felt this was a just Oaimaftd that he -should be -reimbursed' fbr 'dam gps which occurred at his residence, esfdenc&. However, the City Attorney Wa's of the opinion that there 'was lio:_ responsibility on the part of the City . to'. any pbrtio,n of this claim.- He - did not pay ;7 , ; feel that this damage had occurred as a result'of the- City's negligence or the City's active operation. It was Mr. Robert's recommendation that the :claim be denied; whereupon, R es. #3126 X C. S. introduced by Councilman Solomon, seconded by Councilman.Van Bebber, entitled, "RESOLUTION DENYING CLAIM OF JACK AND GENEVIEVE F. HOYT. was -read 'and ,a dopted by 7 affirmative. votes. Res. #3127 N.C. S. introduced'by, �Councilman Colin,, seconded by Councilman Solomon,. entitled,, bt "RESOLUTION THE CITY COUNCIL OF THE CITY OF 'PETALUMA ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING)FUNDS. Z adopted by 7 affirmative votes. , Submission of Budget for Expenditure' of Gas Tax Funds. {$16, 000' Street Mai t6nai•in!'e for 1 Res. #3128 N. C. S. introduced by' Councilman Gustafson, seconded by Councilman Solomon, entitled, ' -OF, THE CITY COUNCIL OF.THE CITY OF PE,TA --- A - BOP.TIN'O , ':AND"-SUBMI , TTI-NG'.A, BUDGET FOR EXPENDITURE',OF FONDS ALLOCATED FROM-, THE STATE. H IGHW A Y AY FUND 70,.CITI E S January 21, 1963 Civil .Defense Letter from Charles A. Keene, Chairman of the 'County '& Cities, Civil Defense Advisory W. of Sonoma County, asking approval of final draft of Mutual Aid - Agreement, submitted and filed, The City Attorney was directed to draft a :resolution for the next meeting, approving subject agreement, Disagreeable Odors Emanating, from Lakeville A rea Letter from Petaluma Chamber of .Commerce on subject matter dated Jan. 14, 1963, read and. filed. The -Mayor i ooted that this subject would be discussed a little later on. the agenda. Reminder of meeting - - North Bay -Div., League of Calif, Cities at Ukiah on Jan. 26, 1963, submitted and filed. Letter from Sonoma County Committee on School District Organization dated Jan. 17, 1963, . telling Council of meeting on Jan. 31, with Trustees of the Old Adobe - Union School Dist. and the Petaluma City -School ;Dist. to study school district boundary problem in the East Petaluma area, read and filed. This matter was to, be discussed by -the Council next Monday night-, In the meantime, the City Manager was to request information from Mr..Johfi Rollin, President of the subject committee, relative to 'progress -being made on reorgani zation of school districts in the County. Mr. Meyer was also directed to secure information from the Old Adobe -Union School. Trustees concerning their curriculum, selection of teachers .and teachers' salaries. Notice of annual meeting of General Assembly, Association of Bay ;,Area Governments, to be held in Berkeley on Feb, 1'6; 1963, submitted and filed. Letter from Van Bebber Bros., 729 Petaluma Blvd, South, re odor problems in City, read and filed A. portion -of the letter read: "Rather than encou -rage more smell (namely a stockyard) into the area we feel it is time to remove more of the existing odor. The voluntary move on the part of the 'Tallow Plants are to be commended," Mayor Matzen told the - Council of a request from Councilman Gustafson that they attend the :.Boy Scout Court of Honor at Kenilworth Jr. High School, 7:30'p. on Feb. 8. It was -planned that a member of. the Council would be present to 'make the awards at this meeting. Di +scus.slon re Odors Emanating from Lakeville Area F'or the information of those in the audience, Mayor '1Vlatze`n explained that. with-, the assurance of Mr. Cader and his attorney that the new Cader plant, Would be..practically odor free, the Council had asked that the County - grant the permit and allow'Mro Cader to construct the plant under certain conditions! which were included' in the permit to insure that the plant would be, practically odor free. He went on to say that the Council was not, holding this meeting'Jw th the intention of trying to indict anyone or -trying to run anyone out of town, but merely to find 'a solution to the problem. Both Cade,r Bros.. and Royal Tallow, had installed equipment to take, care of the odors and had assured him that they Would do everything possible to eliminate .this problem, The Mayor pointed out that both. of these plants,, together with .Petaluma Fertilizer Co.., provided services ,for the community which were very necessary, such as picking up dead animals,, - fertilizer, etc. Mayor Matzen went over the various correspondence which had been. received on this subject, including a petition containing 1300 signatures asking that the County and City of ;Petaluma, do something about the problem. The Mayor also pointed, out that all of the plants mentioned above were actually located outside the City. .('cunt' d) 2- ,.,. January 21, 1963 Odors Emanating from Lakeville-Area - cont'd Supervisor Leigh Shoemaker briefly -reviewed what had taken place on this, sub:'ect to date and reminded the people that we were living in an agricultural area and, therefore, had the problem of tle odors that go along with chickens, cows, • etc, He further pointed out that the 3 firms involved were all operated in connection with these agricultural businesses, Mt., ;Jack Prather, Sonoma County Plan'n'ing Director, noted that the area under discussion was designated for heavy industrial use and that the firms mentioned above were located in the proper zone. He felt that anyone looking for a location for an, industry of this type would naturally look in the - subject a=rea which was zoned accordingly. Mr..Prath6r stated that the County had postpo:iied action on the request of Mr. Stone' burner for a permit to operate a livestock auction ,yard in the Lakeville area until hearing comments on the subject from the citizens and officials of the City of Petaluma. He went on to say that such plants as Cader .Bros. and Royal Tallow Co. could definitely be operated with very .little offensive odors by means of equipment which is available today for the control of same. Being,famil -iar, with the type of equipment Mr. Cader had at his new plant, Mr. Prather felt `sure that if this equipment was working properly, the Cader plant should be no problem, ' -Dro William Lee, President of the Bd. of.- Directors,. Petaluma Chamber of Commerce, addressed the Council stating that the Chamber of Commerce was being flooded with complaints- about the odors• in the City. To a 'question by the Mayor, D.r. Lee stated that as he understood the.- residents of the Lakeville area had started the petition requesting that someth l g be one , abou t th '0 situation, Also, it was his understanding that the majority of peoplo In that area did lot want the land zoned heavy industrial. Dr Burton Zinnamon, Sonoma County Health Officer, stated that his - office was quite aware of the subject problem, but he believed their position would be that this was more of a nuisance than a health problem, He was­of the opinion that it would be very difficult to prove that the odors were detrimental to health.. County. Counsel Richard Ramsey felt that he.wouid.like to have a better understandhig of the feelings of the people in the Petaluma; area relative to'the problem before commenting on the legal aspects of the, .Mr,, Matthew Walker and Mt.. W Crouse of the East Bay -Area' Air Pollution. Control District were present and explained 'how odors, etc., were controlled ;in their district. Mr...`W'alker stated that- "th'ere`were•device's to contro`l'the odors gat the Cader''and Royal TaItow' plants. - but•he knew of 110`80`lu 6n' to °the Petafum a . Fertilizer Company'"s problems° 1VIr. Ed Ricci; Royal ;Tallow &Soap `Co'.', stated' that their odor: redue i g' equi'pment:h'ad cost approximately $18'; 000' acid that Jt was operating the •entire time the pla=it was in operation, 'He 'liad eheeked to d'etermiie if any odors were emanating from the plant and none could b'e 'detected. Mr Cader, representmg'Cader Bros. Tallow' &Soap ,Co. , stated that he had •recently.• ihspeeted the plaint and •discovered that there had trouble< in the operations. However,,.''these pr' oblems : either had been or 'were beig'st "raightened outs He had been .at th'e plant today`wheil `it was operating' at full capacity, and there had been no odor. ' Mr. Cader then suggested that both City' and County officials make a 45 day study of the plants invo'l`ved to °term ne the source of the 'problem e Tom; Ellis,,' Jr,. , •speaking as a businessman - aild not as a member of the Council, explained that they had been looking for �a new location plaint,: Petaluma Fertilizer° Co. , foir years iiow. However, no 'one seemed to want the plant near them Also; there'appare tly is not much that could be done to' control the `odors. Mr. Ellis :believed that the $'arta `Hide `Coo , the City'sewage' , o sal plant, , etc, , which are `all located . izear'ther pla'it,'. also, added to'the i. subjeiar problem. _3_ L A a January 21, 1963 Odors Emanating from ;Lakeville Area - cont'd a° The following citizens addressed the Council, commenting on the odors which plague the City:' Mr. V.. K. Rosager, Mrs. Ed Garloff, Mr. Bill Anderson, Mr. E. H. Little, 'Mr. Elmer Hannan and Mrs. Jienne Buletti. County Counsel Richard Ramsey stated that he did not know if the County would have the right -to acquire land and lease it to the Petaluma Fertilizer Co. as had been suggested by Councilman Crinella. The Dano process for disposing of garbage and other waste materials .. was brought up .by Councilman Van Bebber and discussed. Supervisor Shoemaker, however, _was of;the.op.inion. that this was too expensive and that Sonoma, Comity was not ready for it yet. lie suggested that a o ittoo Ot- Oitizens be, d poi'Bted to inspect the plants in question regularly diaeuND the situallOn, ete_ If N were done, he felt that these people have the help of theOUllty and Clt staffo a nd that they should keop these ageticlow and the prema advimed am 'lo Junk what was being doneq It was the general feeling of the Council that the appointment of a committee would be fine, ; providing they would actively pursue a solution to the problem and make their recommendations to the Council without 'undue delay. Councilman Colin felt that this same committee should also check into the possibility of relocating the Petaluma Fertilizer Co. as suggested earlier -by Councilman Crinella. A motion was then made by Councilman Colin, seconded'by Councilman Van Bebb.er, that .a committee of 5 citizens be appointed by the Mayor to study factual data with respect to the odor problem and make that information available to the City Council for study, and that those - recommendations be forwarded, in the form of a recommendation,' to the Board of Supervisors. The motion carried by 6 affirmative votes, 1 abstaining. (Councilman. Ellis abstained from voting on the motion, due to his personal interest in this matter as a part -owner of one of the .firms involved. ) :. For the information of 'those present, Mayor Matzen pointed ou't that, eventually, it would cost considerable money to actually eliminate all of the odor problems, which could very well mean a tax -rate increase. Relative to joining the Air Pollution Control 'District, it was the feeling of the Mayor that such a move would most likely, br•iiig about great difficulties with many of the industries in the County, Supervisor Shoemaker at this time showed a picture of the proposed County buildings for which a bond election would be held on Jan. 22, 1963. He then went into the alternative. measures which would probably have to be taken by the County if the bond issue did not pass, pointing out that .the ,bond isaue . would be the least expensive way of financing the construction of the buildings.. Sonoma County Industrial Director Bob Brown was introduced by Supervisor Shoemaker.. A recess' was declared by ,Mayor Matzen. The time was appFrox=rnatey 10:25 p.m. The meeting was called back to order at 10:40 p.. m. REPORTS OF CITY OFFICIALS`: City Manager Claims approved for payment by the City Manager were submitted and. filed; whereupon, Res. #3129 N, C. S. introduced by Councilman Solomon, seconded by Councilman Gustafson, approving claims, and bills Nose 1808 to 1.857 read and adopted by 7 affirmative vote's. - 4- (' a _ January 2.1, 1963 Letter fro Recreation Commission re Mosquito Abatement Letter from Recreation Commission requesting permission to control mosquitoe - s for the City by means of extended coverage of the infested areas beyond th;e City limits, read and filed, The City Attorney stated that if the City forces felt there was an infested area outsi'd'e the City, it would be alright for them to go into this area and abate the nuisa -lice with the property owner's permission. In this case, the only problem he could foresee would be if some. chemical were used which would damage crops or animals, After further discussion on the subject, Mr. Shollenberger was directed to submit a report to the Council indicating the areas outside the City where abatement work would be done, how the property owners felt about this, etc. Mr'. Sholleinberger was to submit his report for the next Council meeting, Also, members of the Recreation Commission were 'invited to attend this meeting, City Planning Commission Zoning Ordinance Res, of finding of fact `& adding a conditional use,that of building supplies a_n d' materials to the list .of conditional uses established for the M -L District as set forth in Article 7 of the Zoning Ord. , submitted and filed. Report re Use Permit Appl of Do Stoneburner Inasmuch -as the Planning Commission had riot held another meeting since receiving-,' notice from the County on 'the subject . use permit application, Planning Dro 'Bob Byrd stated that he had no report for the Council at this time. 'He assured the Council that the Commission would consider this matter at its next meeting to be held on Tuesday, January. 29, City Attorney Report re Surety - Linda Del Mar Subdivision City.Attorney Ed - Robert briefly, went over what had taken place on the . subject: matter to date, A formal demand had been made on'the'-Surety to perform and to complete the public reports. The Surety -had answered this request; i=ndicating that they would not.performo . Mr Robert ;then. asked if the Council, wished to'take any action on this, and if so;, - would they prefer to,'c'orrect the'' subd vision improvements and bring them' up'to standa'rd's by the expenditure of City fund`s and then sue, requesting' indemnification from.the bonding company; .or, if they preferred to sue without taking any 3 steps,,'; unless they would ;prefer to" take _som'e. immediate or emergency steps merely to 'protect 0 t, exists there presently, Mr. Robert felt that the Couizcil' Yad excellent;' grounds to sue and recofnAehded that they do so. After considerable discussion on the subject, it was the decision of the Council to the City Attorney to proceed this suit INTRODUCTION OF ORDINANCES Weed Abatem ent Res, Declaring Weeds` Nuisance` ` &' SettiiTg Date for 'Hea ring Res. #3130,N. Co S, introduced by`Councilmah Gustafson, seconded by Gquncilmaii Vain Bebber, entitled, RES=OLUTION DECLARING`THAT THE WEEDSGROWING AND THE RUBBISH, REFUSE AND DIRT EXISTING UPON THE STREETS, PARKWAYS, SIDEWALKS! A NO, PAR GELS .,OF PRIVATE PROPERTY, R=EFERRED TO AND DESCRIBED IN 'THIS - R - -ESOLUTION CONSTI- TU'I 'AND ARE A PUBLIC 'NUISA-NC-E '' adopted by 7 affirmative votes. (con t'd) January 21, 1963 Weed Abatement cont'd Ord. Authorizing Mayor to Enter into Contract for 'Chemical Weed Abatement Mr. John Throckmorton, Nu- Lawn Chenriical Co., explained how his firm's services were performed ai7d assured. the Council that they were, guaranteed, Capt. Joe Ellwood, Fire Dept. , stated that the average cost per lot for weed abatement during the last 5 years had increased from $6.00 to about $16.00, inmost cases,, the proposed method would be, :less expensive and .probably would never run more than the cost of burning, Capt. Ellwood went on to say that the expense of posting, mailing, etc., would now be added to the property owner's bill for weed abatement. The subject ordinance was then introduced as follows: Oral, . # 671 N. C. S. introduced by Councilman Ellis, seconded by Councilman Colin, entitled, "AN ORDINANCE-AUTHORIZING THE EXECUTION OF A CON - TRACT FOR CHEMICAL WEED ABATEMENT. read and ordered posted by -7 affirmative votes„ ADOPTION OF ORDINANCES: #670 NCS - Approving Petaluma North Annexation 43 Ord, #670 N. C. S. introduced by Councilman Ellis, seconded by- Councilman Solomon,­ •entitled, "AN' ORDINANCE.. APPROVING THE ANNEXATION OF CERTAIN UNINHABITED DESIGNATED 'PETALUMA NORTH ANNEXATION NO, 3' TO THE CITY OF PETALUMA. " adopted by 7 'affirmative votes. CONSIDERATION OF NEW OR UNFINISHED BUSINESS Res. Accepting Grant of Easement from NW Pac., R. R. Co. for Gas Line to Sewage Treatment Plant Res. #313 °1 N. C. S. introduced by Councilman Colin, seconded by Councilman Gustafson, entitled, "RESOLUTION ACCEPTING GRANT OF EASEMENT. FROM THE NORTHWESTERN PACIFIC RAILROAD COMPANY, " adopted by 7 affirmative votes. Res. Accepting Grant of Easement from Ed Rosemont - Vallejo St. Ext Res. #3.132 N. C. S. introduced by Councilman Solomon, seconded by Councilman Ellis, entitled, "RESOLUTION ACCEPTING GRANT OF EASEMENT FROM ED ROSEMONT, " adopted by 7 affirmative votes, 1 I= 11 January 21, 1963 Res. Authorizing Agreement with County of Son_ oma re Cooperative Library Services Res, #3133 N. C, S. introduced by Councilman Solomon, seconded by Councilman Van Bebber, entitled, ''RESOLUTION AUTHORIZING THE, MAYOR TO EXECUTE AN AGREEMENT FOR CO- OPERATIVE LIBRARY SERVICES WITH THE COUNTY OF SONOMA . adopted by 7 affirmative votes, For the information of the press, Councilman Colin stated that he was not in disagreement with the Library 'Board or stuff, but that he was concerned soley with the program for the new building. Res, Supporting Inc rease in Motor Vehicle Fuel Tax Res. #3134 N. C. S, introduced by Councilman Van Bebber, me- conded b y Councilman Solomon, entitled, ''RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA SUPPORTING AN INCREASE IN THE M OTOR VEHICLE FUEL TAX TO BE LEVIED AND COLLECTED BY THE STATE AND THE REVENUE THEREFROM TO BE APPORTIONED TO CITIES FOR ROAD PURPOSES, " adopted by the following vote: ` Ayes: Councilmen Colin; Crinella, Ellis, Solomon, Van Bebber and Mayor Matzen.' Noes: �Cb'd -iM i `Gustafso ' Res. Authorizing Sale of Surplus Property (Water Tank) Answering a question by Councilman Van Bebber, Water Dept. Dir. Dave Young stated that in its present position, the subject water tank would be useable, . However, if it were "moved, a portion of it would have to be replaced. The following resolution was then adopted: Res'. #3135 N. C. S. introduced by Councilman Ellis, seconded by Councilman Solomon, entitled, "RESOLUTION FINDING PERSONAL PROPERTY HEREIN NAMED IS SURPLUS, NO LONGER REQUIRED AND DIRECTING THE CITY MANAGER TO DISPOSE AND SELL THE SAME.'" adopted by 7 affirmative votes, Res. Accepting Grant Deed for Sewer Easement from Title Ins. Co. N. San Francisco Bay Industrial Park Subdivision Res, #3136 Na C. S. introduced by Councilman Colin, seconded by Councilman Van Bebber, ;entitled, I "'RESOLUTION ACCEPTING GRANT DEED FROM TITLE INSURANCE AND TRUST COMPANY. " adopted by 7 affirmative votes. - 7 - January 21, 1963 N. San Francisco. Bay Industrial Park Subd. Res, of City Planning Commission approving variance from chapter '22 -�, of the Petaluma City Code of 1958 for the X - San Francisco Bay Industrial PPark, submitted and filed; report of Dir: of Public Works dated Jan. 21, 1963, recommending acceptance of final map of subdivision and recommending that certain conditions be set forth in the subdivision agreement, submitted and 'filed. The conditions to be set forth in' subdivision' agreement were outlined in the report of the Dire of Public Works. There was discussion relative to future sewering in the proposed subdivision, etc, , after which, Res. #3137 N. C. S. introduced by Councilman Gustafson, seconded by Councilman Van Bebber, .entitled, "RESOLUTION APPROVING FINAL MAP OF NORTH SAN FRAN- CISCO BAY INDUSTRIAL PARK SUBDIVISION " was adopted by 6 affirmative votes, 1 absentee. (Councilman Gustafson left the Council Chamber at approxt- mately 11:50 po m <, during discussion on the foregoing resolution. ) ADJOURNMENT: There being no further business to come; before the Council, the meeting was adjourned. May A ttest :Gc�, City Clerk. 1 Wom