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HomeMy WebLinkAboutMinutes 07/06/1954U July 6 1954 - 7:30 P-N!'. Rc meeting of the Council of the City of Petalumz called to orO,er by Mayor Sdhoeningh. CATI:I T.*,T.-c�,;eiat-.*,Counci Adam, Bro•n,, Schwobeda, Shoemaker, and Miayor S c f P �., *1 1 5 . n g h A - en t: men 'Rigelow and Norwood. lt Council 1 R Nler end F-Iodd R. Bro ck of the First Baptist Church opened the 1reeti ng with a prayer. AREIROVATI OF KITME8: - -f the meeting of June 28 and 30, 1954, were approved as recoraTed. CON3I'D'MR;VrTON 014 BIDS: IsIng 1954-55 is-Courler for the official advertising con.ttac`1". f or the year 1.954-55 was o P ened and. read a wheteupon Res.. A355 N.C.S. by Counbilmian B,rown, seconded be e r . Councilman Adams, entitIe'd, eeblution awarding, dontract for Oficial Pdvertising. Ado lovy 5 affirwtive votes, 2 absentees. PET'I'TDONS AND CONMUCCATIONS: dated June 29,, 1954. from Paul 6: Joe's Softball Team wa,-s unsgned. 144yor 5c.boeningb state d that inasmuch ds 's - A VnGt" cl an Individual signature but an identification,, the Ooy ent's -b . hould .1 be rioted wh iD on hL': brief ly outlined the letter �IbItc'h offerted cOnstnictive c of the softball facilities -at 1 4ollgaa. Park and reqjiested that the Council imT)rovements: to the groU - A bleachers.. etc,. so that local interett in softball will TIT"I"ORTS 'OF (31TY OFFICIALS atv P18mrftng Coun;Lssj,on Cwo on of resolution wonrovin a Use _F g P, 79 t for he Sonoma Filter Co. to construct a sign' in fr6nt .1 Var-d -at 719 Third Street read and filed. Dir., O�' Pi blic Works Cl P a , j.1j*tkL_1`V , '16.n Yard IMIPV. TEe=.V CTF tne filing of plans and sV ec ification,.: f . or s'anitation Yard imrrovenient :uhqreuI)on the City Attorney was to preway6e legislation thereon for the next regular ni e&ti ng,. D'i ansver to..GOuhC*I_Imah Shcemaknrns question regarding th�a 'r - City btgr. Ed. Frank reportc-d that r0talrs ­P:.i.)ai*,i "'o th,e bi6-fllte A -:,, and at Harry Jenks will make to t .have be.-..n ffradk that 01,111ci on U, rnatterr as soon as he retu�n8 from 'his trip. eet 1953-54 r-Ub.IJLC. Works certifyIng to the dompletion of PVreet rebL ir contract read and filed, whereupon Res. 7#1356 I N.C.So I. ntroTlijc ed 'by Councilman Schwobeda, seconded by Councilman Adams,, entitled, TI IResblution acct�f)tiftp_ work of reT)airin irtain streets Ig 0 L I:kV A Contracta.,r l G.0 Raiwbh Cormpany, described in Ord.342 NCS,:" a -oteO b�y , affirmative v otes,, 2 as bentees. do 1. I I�ITMQDIJCTION Or ORDINANCES: Re - AucV_'i.on Ord'ina 1954 was submitte(I 'IN th,e Bd., off' of th(_? 'Metchants Co Mmittee of the' Chamber ,.of Commerer: unzan,-, imously aTnjiroviiv the oromsed auction ordinance and recommendir.,* that it be adopted as rromptly as iiossible, read and filed",, wthers-irpon a #3, 7 53. N.CS',, introduced b,*,y Qoune'llman Adains,, 'seconded by Councilyman Schviobeda entitled "AN 6RDTNANCE 'REGULATING SALES OF FERSOTIAL PROPII_ AT FTJ9 AUCTION AND CW ON SYNG OUT AUCTI SATIRS IN THE CIM OP P2 AND REPEJkT,,J1TG 01RDINTANCE NQ. 213 N.C.$ AND ALL OTT'j)TRANCES' TN coi-irJuCT - 11EREWITH. - ps. 2 6 xas reaa and ordered r)ub lishcd by 5 affl.'rmat ivc rot abs nteeis'. Consideration of Budd ,Lt )j::�E . __L2L _�fj I City M-g Ed 'Frankl,s budget message was read and receiVea j alble comments from the - Council. for the cbm.prebensive infonitati On contained therein.. The Couhcil then reviewed the troposed bu . dget 'as sMinitted, bv s he Citv Manager, 'conslderin� 61Id. ajJpro - each budp ,et seW;iorlu City Attorney Karl Brooks 'noted that/ . from aal','. lndicatio?is th.e c 0 8 t of brintinp the closing brief in the c ash' of the City of Petaluma vs. Pacific Telephone & Telep underestinated'i the ,raph Co. has be - en budget and that the final cost ivill probably come closer to �v 2-000,, instead of $1 eagu a .9 00.0., He also stated, that he had contacted. th , , of Calft.fornia Cities regardi-ng p8rticipation In the , ,cost of the bn'-ef k, iT11.1 be brought before thO, Leamue Bd. Of Mritetbrs for considei it was suggepted Councilma - n, Shbemraker 'that, half of the Recre&tlon . budget be transf 6rred to the Parks budget f or use' in Ampro the Faruearande - of the p, ks by deleting some - of the servides ir. 'Jiec e*o Dt,� Follov. a discussion b77 the Council members 13­tpre t c. Director Stev6n Me era reT)oTted Vial, the budget as submitted wws he Re - Commission and the City Manager the suggest' on Councilman. Shoe, via­ s referred 't6 the Recreation 'Comp . - for rec:oTiTin It seas Dolnt6d out b�r'Mr. 'Frank that' s: a 'in tb.c the suggestion is approved. it rvoulO not affect fect 'the udgOt a xhole as transfers witbin derartment 'budgets may b.e made - ?r1thout cliangft:fag 1 budget. A general discussion was held on the mat,ter of softbal acilitieas at McNear Park wi1'h, resi)ect to consideration of improvements J..n. the prar,osed - budget. :1t was noted by' Schoeningh that p 000, 1*1cts already been exTepded for the acquisition of additional propk constructlon 'f a randstc installation of lights, etc. 8L rd ti at soon as 0 ' n,' available softball. facilities T, be "Improved. as - L ninds ar Recrecation,, Director' Steven Miezzera. outlined the present plan n fo 110ear vez'k which Includos fencing the entire - Park, 7-,, Anstallinj . - asorin em g kler sy. u ., etc and that the budirg"et dl,.oes Drov for some of the iftroy6ments required at the solf"Cl."ball C11rf: . Y Ie. further added'thtt ' condition of the parks a 3e t the prent time Is due to Uhe.Xact that hizn employees liave'been transferred - frorii their ZTgUlar rrain"tenance TOrk at all city paz?'k.s to construction w6rk at. McNear Parl­�'.. Tn connection with the matter of softbal'! f4au Mr. John Larsen recourp.ended Mat th.e- gates be stopped unti].' safety ' i , died 1� measures are nsta' Rec.' Steven Me=era stat( "ht. the backstop would be erected tixs scion as 1 rrobably v-.71thl n 30 d ajrs D'-' sbussed.1ater in the meet -Ing was' the "request of Councl Im.an Schwob ' eda that softball be discontinued until adequate saf etgi meaz ha-ire b een YS which rriet with the - unroval of - !,')ie councli. T- ecrea n tio I tor a nd thO Cit a' y Eligineer were di rected tb T:)rtoceed R with this work as quicicly as 21, 91 July 6 OF ORDINANCES Cont. 1 audaet consideratim, Cbnt. X! 3 there were no change6 - ' , I,.n the bud et, Reso 7, N.C.30 by Councilm.an Adams and seconded by Cauncilmcan Bromn,., "IRE60LUTION APPROVITIG AND ADOPT'.94G A FINAL BUDGET OF TI-E' TJ E51, WEED AMOUIW2 R �" EC,01RED TO M -T, UX H.11 OF CONDUCTING 4.1•7uill BUJIWIE8:i OF T11E CITY WkJURNMEEINIk PQP�z TIM FI6CAL YEAR wxy I 1954 TO JUIJE 30 19F via,s adopted by 5 aft votes and 2 absentee. Ordint ice,, J Aritrodu,c- by Counitilr.n-n Adams anti 'seconred by Cauncilnran BrCQn,,. b 1 1 t il A.1 130'RRIX21ON' DRMIIANCE'l� R TEPE FIJCAL,YEAR � ULY 1, 1954 TO ARM 30, 1955. cs. -o Lured publishrz, by 5 affiramtive votes and 2 absentee, : Lil_() , 2R- TNA� :C,u1r'L Ordinarcen introduced by CouncAlman f1dams and seconded by Schwobeda., entitled CURI-7H-Vi ORDINANCE MA•IINIG 1r AZIL•FUL PO R 4 TO LOIT !DLE,, l s"IANMLLH, 6T ROLL , PLAY OR MME,, OR ETI- DRIVEN IN A 1 VEHUCLE B PUEiLIC STREEVS. 01 PLACES AT N IGHT -. FOI� M MrS TO A,,sJ1-jT. OF PERUUT VIOLATIONS REQUIRUNCIr PZPPORT OF T.HL Y NORS IN HOTH 6 AM OTIM LODGING"EJTABUSMENTS1 -,HF, 'ENCE OF ANT PF FOR 'P IPKALTIB� FOR TIE VIOLATION OF TN 3 ofl" L C18 T1 1 5 1 1 regu.4 Z11Y arid ado:7ted by 5 affiruiative: votes and 2 absentee A issuance Of busineib from LU ly� M CitY Att0i Karl Brooks point out thiat the albove is an nt;a �i - ip 3 licenses ord"riance provIding for the issuance of , i s.: 1i ,;-;es L bus frorn .ily Ist t -mtft including Augupt 14 1954 - End inde it weals dr-:nubt t the p oposed tvusftness licen'se become effective thLII:U dat it vial his recoimn.endation that act on oil said ordinance be iuntil W'le businers3 license ordinance itse�2 h:-is, been 1 1-ted uodcn.,� . T recomiendation was a proved by , the Council. L OF U D'1.',scussion of Aisiness License Ordinance,,, lAx j yor �clhoenlngh xt: ted that the CoundAl ha devote'd Many long houxrsi In the study of a neiv business license or din ar.ce for the City of - :,c.! - n rnak e it equltable aid suit . ��ble fox every- an lin orde to , �>:)znee-rned., lie ln.vited W, and constructive criticisyn from t,he. r� o 'the audience in order to anable the Council to conE."Wer of jug ge.-itions Or recarmiendat Ions 11n the propospId. p ss 3..") E CON .31TUMNP.1011, OF 'DT,_Tz;I1'dE5S` ClOnt Disw ssion of Blisiness License Ordinance, Clont, irli. 3. Badg .. I )� f ) ,er, representir4. the. lllerchanv� of the, Char be , , Comerce, appeared before the Council t o requeat that any a6tion on the proposed business 3.1cense ordinance be deferred until . the. a members have had an oppor�timity to study same or Until the 12th of July� ll?r>4,, whereupon follo a poll of 'the Co=cil it 'mas unaniiz�dsly agreed that action be postponed In line infith Mir., Bad- ger I s 1 Mr. John Lar6en refemed to section 15.56 and reque;3ted that a T.Y.racket lower than IS50,000, minimum of , recelpts be , Wdeci. to said -;.ction in order to classify the omall bu61rj,Os3rmM- faijAy. L,, 1 Dillingham stated tl iat the margrin of pr6fit (m the sale. of gasoline Is very sm-11'and that. the set-up of gmc s rece1 pts 1 Section 15.58 Is unfair to service station operators, He' req�ae.<_;t.ed. 'the Council cons'ider reclassifying said business in some o"Ghet-, category., Roger Estev.es of the Ar$gus-Courler, referred 'to :sec tllon 1, and inquired vhether or not minor paper boys j:a lyaslneas Pb:i t1lem- selves are required to ma. � . 1— , a business license to deliver pape J � rs wh U to e revii po n afte-r studying said secton,,, City A I . 4:3 i Karl Brooks stated that, it allears the ordJmance includes, such c#i- b1layor Schoeningh ajsur� Mr. Estceveo,'that the CouncU. did not Intend to. , tax self-employed paper bons and that - conjideration will be - -c� U) A . C) eliminate'them f ' Y ob t * lie brdtnanct- .' Mr. Jim Hiccir service station operator, colncided Vith W. Dillingham's opinion and aloo de to Imow if an.yQne else other than the Tax Collector is entitled to inipect the reports sent J., n, by those required to pay a licenzie fee,, whereupon City AttornEY Karl Drooks'reviewed the ordinance and stated that np such prrovi �l ,Oxl. is included, and -- a - Uggested that a section b6 added.whi-'reby the infonnation disolosed ivill be held confiden.t1al. 14en Roy - Evans'and TLarold Seiler , reml estate brol,.-6r . S­ referred ' to jection lb.26 stating that s1_ category is Ainta!� inastruch as it requires, -almost 5 tunes more tax than in the Past and reque6ted that real eitate brOker5 be incorporated in 8ectio3 l I'D.60 with the :prof essibnail businessmeno 10c was suggested by George Dickerson that the businoss 111cen6e ordinance be "based on net,.. profit'; Instead of gross recelpts. W. Robert Taylor refey to Section 15056 as comyared to section 15,58 and . stated that the spread. between the wholescal'" and retailer should .be L-reater as the wholeSaler has a narrower margin of profit ,"and. recommended that the brackets should stbft with 4 10,,000 m1nimum instead of 4 ,'50,,000. He also expressed his opinion that the businoss'license ord:h should be based On net profit,, Ur. Bill 11ilner objected to - the scale of fees in sectioft 1506 Mr. Ralph I ' iter, of Pacific Finance Lo referred to Section, 15.53 and statOd than he ha's started a loan o'L`fice and cc.uld not c to pay 11.00., j?er yea• for the first few years and would. prefer to be recla� sifiea under gross receipts.' 116iY&v(: he also voided his approval of basing the ordinance on net profftl., , . IVra, Bode,, ag ' ent 'of Jewol Tea C`6mp. desired 'to Imoi und( which caltegmry his bu'siness of di tftbuting groceries to housenclvez would be classified. Upon questi6ning Mr,, Bode as to his bu operations, City Attorney Karl 1�rooks��believed h'e- would bet cLissi­ fled either under iection 15.36 (Canvassing a-rid Soliciting) or section (Peddler), or 1-f he has - ,an 6�tablished place of business at his home,, would perhaps be classifltzd Lmder Section 15,,5&. An ob s voicea by Mr, Mel. Hein regarding, the ' jection wa In - ;ectlon 15o66 relative to charging each "Cruck eiiiployed and s that oa certain jobs hJ.s business requLres bdx 20 to 30 for.-a felm,days and accrprding to said prQvi:5ion_wou1d be requir tq pay a an o full yemrgs fee for the operation. of each truck,,. T x ed t jection 25,40 d be lleved t1lat U 14r. Al Gibbs refe' fee therein is tp9high. Mr,, Ed Avilla also obJeoted to the fee i1i ;3ection 15.40, ULr ,, :Aan 14ohar refer - red to Section 15.58 and that " "'tie fee Is too high fox grocery stores as their gross rece are very high 52 M q Cont. 013C111-US-ii31011 0:U ±1131ness iz.cense urguy'.tance,, cont, upe )'TtavvU LF FUTE s to other large .1 1 di e Ai f, I 'L�) s aluma,,, the f ee based On gross receipts S unfajx, He, d w) 1. c e Cr. r/he , a-me op . f or the overne rs of the li iealt'. miarkext, and depeartment in 'the same store whera he o,' - r erates his grroce Y Jac ii; Flotman also objected to the fe°s in Section 1.5.40 as b*v Mr. Gibbs and 14r. lkvilla. i Madge kkoore e* g her willlngne8j to pa the licen-;ie - Set fOrth in. the p roposed ordinance tis alie r-,.a - . ized that In Or e�.r to improva paxks and maintain an adeqqate pol1ce., fire and -erc department and other elty set "ices thalt r 6 l evenue would have 'to Increased to takle cEwe of all such needs. She iftirtlier added illked living and doing business In Petaluma and that th - I ..> -g o - inbre tax would not jeo dl�e _ e - to r t !�' �f v... little par r s I e c put .tre r CiAi oil D131ness. answOr to c-lUi tfleation of Section 9.0 imde by Rogrer Esteves wlwl rr3,�"Pelet to dlsplayLig the name arid address, of the *.Ucenseo on ea,6h 61de of every vehicle used, In- the conduct of the liceni bu.,Anesis and the att'aching to every 6u vehicle the zzAicker'.,,'device, or Issued by *Llae Tax CO311ector,, City Attorney Karl Brooks stated tbcat ��i casej where there is a special liqen�ie based u*Dd' the 'number n off` v(*: used in the busLinie.6s U-iere sholltd 11'a an Identification an the vehicles the to show the license has been Issued. Saver al other me. of the audience a8ked questions of a nature and followin-Im the que.oftion-wid-Eunswer pe•iod, Mayor k , bqt- aws,:, those pres-ant that the sugejtions and recomir.yienda- onr3' Off'f: be coniiiderad �y the Cuancil so that an amicable an the problems pre. can. be accomplished by m,kin neceo_, amendments to Ordinance #2351 I _& ^ Authori qmeetnnt with PG. & E,, C© qqvejLJ.Mg riser sery i...e. Res. 58 Nocoso i:r11trQdUe(,1d by Coancilman Shoemaker zm,d seconded 17j Cctm Brown,,, ",R�'6' tJYTON AUTHORIZING A R' BDJI�VT WITH PA61F IC GAS. 4., PEUMmMIC 1:U1iPi'M COAMING jMVICE R1jM PIPE ON VIES1 SIDE, OF 1 S3ETT S".O rEST'. 745 1 1 OF POST STIRLMO" Wa.ks ixy 5 aff1Mative votes and 2 ab6entee�o C ... f Order of the aar Ueart. y , 'Reso #1359 N.C.-30 by ccownciliten, Brown,. and Iectonded by Councllman a"chwobeda,, GRANTING REQUEJT GF. TI-F, MI'LITARY ORD oF ir- PURYUB F2-AR-T p - INC. TO MAINTAIN IT6 F.X(A1r9 Or M I TMU 'UND zg�D!E'M'l FIREARIMLS. MID MAR EQUINT AT rP TILIE LOCICION E M' D FOR Tl PURATIoil Ai FED PME 33Y 71-M, 6=71 Or P01 -AS e:.s, Ca I3,%pz:'1,,d by 5 affirmative votes and P_ ab.sentee, 8 r j.&r!,s :. Amm I In i1pc Jj _qn. .jajj§� ,I :,L — c'Unnection iin. the injunction zerVed on Mr. Anmflons for vio,'.la,t - :1..t? 2$ of Zon2fixig Ordinance A L) IR223 NC 1,1r of the A ' ir, Tions appeated again to re h. � property q. that the memo eIs Cadncil inspecl ii, L A4 be Y a t final judg n with to impro g ri(qnt ci . the cage e th re plenti r and ottley f involved. He that Mhen he It proper y,, i "waz RXI old quarny ;- a le. ge-polluted h.-Ole that. he lwas f�111,e(j _ 'this hole with approximately , �z - X) ins of wsiterieil,, en t ire).y eliraillatin thy,' e stLj�nate lriater,, P,5 V - 50 I July G 1. CO DI IDM ATION OP UTFINI-MM FU61ME31 Cont. Re ee Mark J�rnlnon" SI Injunction. in wiswer ta.CounP i ShoemekerI8 question relative . - 11r. Atrions I', , bf.'the use `bf the property: -when 'it - Is completely 'Cilled in,, U. r. kT-ions repl�,,ed that it coijj.d_t 'j�b".t used for anything else but Ew"P. a, for hi S 4 - ti�aclts an':d g"rader 'D and could not possibly be 'used for -a home ,silce,, furthar adding that he • believed th6 pXpperty should not toned R-A, 7 Mayor zSchoeningh thanked L-Ir. Ammons for his remarks and 'cOiin.ents OLI, t ek la'ined to him - that the, �rmittejf taken �O.ut. "'Of the jux. _sd elt-on of Q. Counc:Ll... ii d ew<3.l ks' 1tGa 6chool,. C 6u'n,dIItEUI ZhOemaker .�suggeJted that contact shbLfl. d '11)61" im.dh thel d: of SupetVi the Petalumg Board of" con s,trwd.t. i on, of aidevialks - - at'McNeer School- before s cho'61. i 'orr'men a e s o ADJOUIRMENd there being no -further 'business to c b.M" 6 b f6re' t the meeting, was adjournad to i7erle'.ay, july 9th, 1954 at, 7' dv4J 1 ,„� �' , or err Attest. � 1 1