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HomeMy WebLinkAboutMinutes 05/21/1956May 21, 1956 - 7:30 P. M. City Hall - Petaluma, Calif. Regular meeting of the Council of the City of' Petaluma called to order by M'%; ,1 f : Schoeningh. ROL 'C Present: Councilmen. Adams, Bigelow, Brown, Gustafson, Norwood and Mayor Schoeningh. - bsent: Councilman King. INVOCATION Invocation was given by Reverend Ed. Skultety, Assembly of God Church. (Councilman King entered the meeting at this time. ) APPROVAL OF MINUTES: Minutes from the meeting of May 7, 1956, were approved as recorded. PETITIONS & COMMUNICATIONS: L.e.tter dated' May 7, 1956, received from Norman P. Van Bebber, Secretary of Petaluma Master Plumber's Association, submitting the names.-of two members for appointment to the proposed Board of Review, read and filed. Copy of letter dated May 14, 1956, written by Dr. Dwight E. Twist and addressed to Dr. Frank 'M. Wright, Associate Supt, of Public Instruction, asking assistance of State Dept. of Education in studying the problem of school district organization read and filed. Mr Morgan, of the P. G. & E. Co. addressed the Council expressing his opinion that ,a boundary line should be designated to separate the Petaluma and Payran School, Districts; then, if the Council should declare a policy of taking into the `Petaluma School District all new annexations this side of the - boundary line, eachi school board could plan for the future, `being assured of the exact territory which would be in their district. Councilmen King and Norwood believed that the Council should not take any ac:1 -ion on this matter until the two school boards had reached an agreement on the. district boundaries. Councilman Norwood expressed his belief that the: school boards if left alone to settle their differences, would probably do so within 3 to 6 months. There being no objection, the matter was tabled. Highland Heights - re Maintenance of Sewer Line 1VIr. Harry Clow addressed the Council requesting that he be allowed to post a maintenance bond with the City for maintenance of the sewer line in Highland Heights Subdivision for a period of 2 years. He explained that the City would not be liable-for payment of any work that might have to be done on the line, and that the City crews would not be obligated to do the work. Through posting of the bond, the City would be assured ,of this'.. Mr. Clow went on to explain that this would take care, of -the sewer line problem in his subdivision until such time as the property could, be annexed to the City, which 'he anticipated would take place consid- erably before this 2 year period -had elapsed;_ however, if the .property is not annexed within the 2 year period, the property owners in the area will have had enough time to form their own assessment district. (cont. ) (1) 3 96 May 21, 1956 PETITIONS & COMMUNICATIONS: cunt. Highland Heights - cont. After discussion on the subject, Councilmen Adams, Bigelow and Brown felt that they should have more information on the subject before approving the request. Councilmen Adams remarked that he would like to know why the County would not accept a maintenance bond from Mr. Clow. Councilmen Gustafson, King, Norwood and Mayor Schoeningh were in favor of granting the request. The Director of Public Works was directed to draft a letter to the County, stating that the Council has approved, and will maintain the ,sewer line through the means of the bond to be posted by Mr. Clow Sales & Use Tax Discussion Mr. Rorden, Mr. Hyatt and Mr. Sorensen, representatives of the Sonoma County Tax and Legislative Committee, addressed the Council stating that they were not in favor of the proposed sales and use tax ordinances being adopted as they stand; - one of the main objections being the clause whereby the busiress trans- acted is considered to be consummated at the point of the sale. Councilmen Icing and Norwood explained that one of the main purposes of these proposed ordinances was to simplify the filing of: tax returns for the merchants, and if the proposed legislation was changed, malting the business transaction considered to be consummated at the point of delivery, one of the main purposes of the uniform sales and use tax ordinances would be defeated. Mr. Hyatt : informed the. Council that he was quite certain the Farm, Bureaus and organizations would follow closely the advice of Dr. Bonnell's recommenda.- t,ions on this matter, as they believed him to be one of the best tax experts in the State today. Subdivision Ord.. #132N. G. S. - City Attorney's Opinion Report of City Attorney dated May 17, 1956, giving his opinion that the' dividing of the subdivision fee into two payments and the allocation of the fee for specific purposes can be accomplished; and, that the .problem of charging a fee for commercial areas is one that he is not. prepared to solve at this time. . read and filed. Councilman King stated that he believed the City would eventually receive subdivision fees from commercial areas at the time the buffer zones were subdivided. Councilman Norwood stated that, as he recalled, an opinion of 'former City Attorney, Karl Brooks, had stated that funds could not be ear- marked for specific purposes without amending the present City Charter. Mr. Maury Phillips and Mr. Ben. Woodworth addressed the Council requesting that the City allow subdividers to pay 257 down upon filing of the tentative map .and the balance of the subdividing fee upon approval of the final map, or payment of the full amount upon - approval of the final map. After discussion on the subject, the majority of the Council seemed to favor the idea of the subdivider paying 257 down upon filing of the tentative. map and the balance of the subdivision fee upon approval of the final map, with a slightly higher total fee to be charged. The City Engineer was directed to determine the amount of cost entailed in the filing of the maps, and the City Attorney was directed to prep_ are an amendment to the subdivision ordinance. 1 (2) Iram May 21, 1956 RE OF CITY OFFICIALS: City Manager Claims approved for payment by the City Manager were submitted; whereupon, Res. #1672..Na C. S. introduced by Councilman Adams, seconded by Councilman Gustafson, approving claim-'& and bills (Nos. 3867 to 4116 inclusive) was read and adopted by the following vote: Ayes: Councilmen Adams, Bigelow, Brown, Gustafson, Norwood and Mayor 'Schoeningh. Noes: Councilman King. Council Committees Parking Meter Committee Report Councilman Norwood, Chairman of the subject Committee, informed the Council that the Committee would not be able to ,give a further report until after IAj`ed nes,day, when they would meet with Mr. Christiansen of the Duncan Parking Meter Company. Ca lif.. Water Ser. Co. Easement in Oak Hill Park Mayor Schoeningh asked that a resolution which had been prepared. on this subject_ be held over in order that Mr. Hill of the Calif. Water Ser. Co. might study same. City Planning Commission Letter received from Planning Commission dated May 18, 1956, outlining Use Permits granted to Mrs. Harold Simons, Mrs. Betty Tunstall, George E. Van Bebber, and Service 'Station Properties, Inc. , submitted and filed. Rezone Request .of Service Station Properties Inc. Use Permit Reolution granting Use Permit- to Service Station Properties, Inc. and letter of explanation thereon dated May 18, 1956, submitted and filed;- whereupon, Res. #1673 N. C. S. introduced by Councilman Brown,. seconded by Councilman Bigelow, entitled, "RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT'ON BEHALF OF THE CITY OF PETALUMA WITH SERVICE STATION PROPERTIES, INC. " was read' and adopted by 7 affirmative votes; and, Ord. #436 N. C. S. int-ro.duced by Councilman Brown, seconded by Councilman Norwood, entitled, "AN ORDINANCE AMENDING THE ZONING: ORDINANCE NO.. 340 S. BY RECLASSIFYING THE SOUTHEASTERLY CORNER OF EAST WASHINGTON .STREET AND McDOWELL ROAD (PORTION OF GUTERMUTE ANNEXATI.ON), 162 'FT. X 150 FT., FROM A "'U'" ZONE OR DISTRICT TO:A "C 'P'26NE OR DISTRICT. was ordered published by 7 affirmative votes. (3) 398 May 21, 1956 REPORTS OF CITY OFFICIALS, cone. . City Planning. Commission Use Permit Mrs. Harold Simons Copy of .resolution granting. - a Use. Permit to Mrs. Harold Simons to conduct home for foster children day time .care, submitted and filed. Use Permit - Mrs; Betty Tunstall Copy of resolution granting a Use Permit to Mrs. Betty Tunstall_ to conduct home for foster children day time care,- submitted and filed. Councilman Brown, Council representative on the Planning Commission explained that use permits re foster homes were now necessary because of a new regulation of the State and County. Use Permit - George E. Van Bebber Copy of resolution granting Use Permit to George E. Van.Bebber to, conduct heavy hardware store & machine shop at 729 Third St. sub m. -itted and filed. Conwav Park Subdivision #1 A 5 minute recess was called at this time, so that the Council might study the tentative map of Conway Park Subd.. #1. The meeting was called back to order, and the tentative map , of Conway Park Subd. #1 was submitted and. filed, together with a copy of a resolution . approving same Amend. to Zoning Ord. .re :Day Nurseries for Children Copy of resolution proposing arnendmJ bnt to Zoning Ord allowing day nurseries in any district, submitted and filed; whereupon, Ord.. #437 N. C. S. introduced by Councilman Brown,. seconded by Councilman Bigelow, entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO.. 340 N. C. S. BY ADDING SUBSECTION (g) TO SECTION 6.1 THERE- OF TO ALLOW DAY NURSERIES (GROUP DAY CARE OF CHILDREN), LICENSED BY THE STATE OF CALIFORNIA,, IN ANY DISTRICT AFTER OBTAINING A USE PERMIT THEREFOR. was read and ordered published by 7 affirmative votes. Councilman Brown explained that there was a need for these nurseries in various parts of the City, and by passing this ordinance, the City would, eliminate many spot - zonings. Variance A. J_ Ste f ant Copy of resolution granting Variance to A. J. Stefani, 215 .Douglas St..,, for 4 ft. sideyard setback on corner lot to construct garage & carport . in line with existing garage, and letter of explanation thereon dated May 18, L956,. submitted and filed; whereupon., Res,-. #1674 Ne C. S. introduced by Councilman Brown, seconded by Councilman Adams, entitled, "RESOLUTION GRANTING APPLICATION OF A. J. STEFANI FOR VARIANCE;., FROM THE REQUIREMENTS OF ZONING ORDINANCE NO. 340 N. C. So " was read and adopted by 7 affirmative votes.. (4) 4 �i May 21, 1956 RE PORTS 'OF CITY OFFICIALS: cont, City Planning Commission Guterm Annexation Copy of resolution recommending adoption of rezone request of Swanson & Cutler of area known as Gutermute Annexation, submitted and filed; and, Ord.. #438 N. Co S. .1 introduced by Councilman Bigelow, seconded by Councilman Brown, entitled, "AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 340 N, C. S. BY RECLASSIFYING A PORTION OF THE AREA KNOWN AS GUTERMOTE ANNEXATION (EXCEPT EASTERLY CORNER OF McDOWELL ROAD -AND -EAST WASHINGTON STREET, 1.6.2' X 150') FROM A "U" ZONE OR DISTRICT TO AN "R -3" AND' "C -1" ZONE OR DISTRICT. was read and ordered published by 7 affirmative votes. Novak Annexation #4 Copy of resolution recommending'adoption of rezone request of John Novak of area known as'Novak Annexation #4 from "U" to "C -1" and "R -3" zones, submitted - and filed; and, Ord. #439 No C. S. introduced by Councilman Brown, seconded by Councilman Bigelow, entitled, "AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 340 N. C. S. BY 'RECALSSIFYING THE .AREA KNOWN AS "NOVAK ANNEXATION NO, 4'',: CONTAINING 41. 00 ACRES;, FROM A "U" ZONE OR DISTRICT TO A "C -1" AND ''R -3" ZONE OR DISTRICT. " ordered published by 7 affirmative votes. Rezone Request 'of John Cavanagh, Sr. Resolution rejecting rezone request of John Cavanagh, Sr., submitted and filed; Ecater dated May 1. 8, 1956, explaining- that rezone request had been rejected because Mr. Cavanagh has filed an amended application on' the same parcels of property, read- and filed. Director of Public Works Reconstruction of First Ste - C St. to D St Plans & specifications (in. above subject were submitted and filed; letter from Director of Public Works listing property owners -who have verbally agreed to pay costs for reconstruction of curbs, gutters and driveways along their frontage, submitted and filed; whereupon, Ord. #440 N° C. S. introduced. by Councilman Adams, seconded by 'Councilman King, entitled, (cont. ) (5) 400 May 21, 1956 REPORTS OF CITY OFFICIALS: cons. Director. of Public Works Reconstruction of First St. r cont. "AN ORDINANCE :PROVIDING FOR THE IMPROVEMENT OF FIRST -STREET.FROM "C" STREET TO "D" STREET, INCLUDING CON- STRUCTION OF CURB AND GUTTER, NEW PAVEMENT AND THE INSTALLATION OF DRAINAGE FACILITIES; AUTHORIZING THE PAYMENT OF THE COST OF A PORTION- OF SAID IMPROVE - MENT BY THE CITY OF PETALUMA AND PROVIDING THAT THE PROPERTY OWNERS FRONTING ON SAID PORTION OF STREET SHALL PAY' THE COST OF THE BALANCE OF SAID WORK.; DESIGNATING THE FUNDS. FROM WHICH THE CITY'S SHARE OF SAID WORK IS TO BE PAID AND PROVIDING FOR THE .BALANCE OF SAID WORK TO BE PAID FROM THE CONTRIBUTIONS MADE BY SAID PROPERTY OWNERS FRONTING ON THE PORTION`�OF STREET IMPROVED HEREUNDER. " was ordered posted by 7 affirmative votes. Resurfacing Various City .Streets Plans & specifications on 'above subject were. submitted and filed; letter :from Director of Public Works dated May 17, 1956, stating. that curbs ,and gutter on , Broadway St. are in extremely poor condition. in a : number of locations;and, . in his opinion, they should be replaced and trees removed before street resurfacing, submitted and filed; whereupon, Ord.. #441 N. C. S. introduced by Councilman_ Gustafson, seconded by Councilman. Norwood,: entitled, "AN ORDINANCE PROVIDING FOR THE REPAIR OF .APPROXIMATELY Y ONE AND ONE-HALF MILES OF CITY STREETS; - DESIGNATING THE FUND FROM WHICH SAID -WORK IS TO BE PAID; AND APPROV- ING THE PLANS AND SPECIFICATIONS FOR SAID WORK. was ordered posted by 7 affirmative votes.. City Attorney Op in i on re Ord. #84 C. S. & Sec. 36 of 1911 Improvement Act. Report of City Attorney dated May 15, 19.5 6, on above subject, giving his opinion that .... , "the City need not hereafter concern.itself with Ord.. #84 C. S. It may act as though said ordinance,, insofar as the reference. to Sec. 36 of the 1911 Improvement Act is concerned, does not exist, submitted and filed,_ To a- question asked by Councilman King, the City Manager replied that out of 101 property owners. contacted on the. "B" Street reconstruction work, 35 had been in favor of the work being ,done as proposed, 33 were not in favor of it, and 33 had not answered, . After discussion on the subject, the City Engineer was directed to go ahead with plans and specifications for the next Street project, Bridge Street, and the project which would follow that. If the majority of the "B" Street property owners were not in favor of the 'B`" Street reconstruction, or have not been'heard from by the second Council meeting date in June, then the proposed. "B' Street work would be dropped. A list of names and addresses of "B" Street property. owners who had been contacted, designating whether or not they favored the project or if they had replied at all, was directed to be presented to Councilmen Brown and Gustafson. (6) 401 May 21, 1956 RE PORTS' OF CITY OFFICIALS: cont. City Attorney Qpfnion,. re Medical Center. Zoning - Report of City Attorney dated May 17,, 195.6, suggesting that the Council creat&.a new ,zone' in the present zoning ordinance to be called, "HM" zone to signify "Hospital Medical" zone, read and filed, The City Attorney's opinion was referred to the Planning Commission for their advice on the matter. Other City Officials Monthly report of the City Librarian .was submitted and filed, CONSIDERATION OF UNFINISHED BUSINESS: Res. Authorizing Temp Office of Civil Defense introduced by Councilman Adams, Trans. of Vehicular from State Res.- #1675 N. C. S. seconded by Councilman Gustafson, entitled, ''RESOLUTION AUTHORIZING AN AGREEMENT FOR TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT FROM- THE STATE OF CALIFORNIA, OFFICE OF CIVIL DEFENSE. " was read -and adopted by 7 affirmative votes. Revoking Concession Granted to Optimist Club & Grantin Res.. #1676 No Co So introduced by Councilman Gustafson, seconded by Councilman Adams entitled, "RESOLUTION REVOKING CONCESSION GRANTED BY RESOLUTION NO, 86 No Co So TO THE OPTIMIST CLUB AND GRANTING CON — CESSION TO LEGHORN BASEBALL ASSOCIATION OF PETALUMA, CALIFORNIA, FOR A PERIOD OF ONE YEAR, TO SELL FOOD, CIGARS, CIGARETTES, SOFT DRINKS .AND SIMILAR- MERCHANDISE AT ACTIVITIES SPONSORED BY THE. CITY RECREATION DEPART- MENT. " adopted by 7 affirmative votes. A 5 minute recess was called at this time. The'meeting was called back to order. Canvass of Election Returns Mayor Schoeningh appointed the following. Councilmen to serve as an Election Board to canvass election returns: Inspector - Councilman Brown. Judge - Councilman Norwood. Clerks - Councilmen Adams.': & Dingo (7) (cont. ) 402 May 21, 1956 CONSIDERATION OF UNFINISHED BUSINESS: cont. Canvass of Election .Returns - cont. Election returns from the 15 consolidated precincts, with the exception of the absentee ballots which were not all in at this time, were then canvassed by the Board A resolution declaring canvass of election returns was deferred, an adjourned meeting to be held on May '22, 1956, for canvass of the absentee ballots and passing of said resolution. (Councilman Gustafson .left the meeting the time being approkimately 10.:00 P. M. ) Re Naming of Streets in East Petaluma. Councilman 'Norwood :suggested that the Planning Commission be requested. to start: giving consideration to the naming of streets in East Petaluma. He remarked that he believed the Freeway would be an appropriate dividing line, with the streets which will be situated East of the Freeway being designated ,as "East ". Joint; Meeting. With Chamber of Commerce Mayor Schoeningh .asked that members 'of. the Council attend a joint meeting with the Chamber of Commerce at the Hotel Petaluma at 5:45 P. M., Monday evening to discuss mutual problems as they effect the City, ADJOURNMENT: There being no further business to come before the meeting, the meeting was adjourned to Tuesday, May 22, 1956 at 5 :40 P. M. Mayor w ; Attest: . 1ty ?Clerk. 1 (8)