HomeMy WebLinkAboutResolution 93-163 06/21/1993Resolution No. 93-163 N.C.s.
of thf• City ~~f l'~~talun~~a, Californi~~
RESOLUTION APPROVING AGREEMENT BETWEEN K & G TRANSPORTATION
SERVICES, INC. dba WESTERN CHARTER TOURS, INC. AND
THE CITY OF PETALUMA REGARDING A CONDITIONAL USE PERMIT
WHEREAS, the Petaluma Planning Department has received numerous complaints on the
operating characteristics of Western Charter Tours, Inc. operated a charter bus service at
property known as 67 Magnolia Avenue; and
WHEREAS, the Petaluma Planning Commission held public hearings on January 12 and
February 9, 1993 on the possible action to commence revocation proceedings for the
conditional use permit for the operation of Western Charter Tours at 67 Magnolia Avenue;
and
WHEREAS, both the City of Petaluma and the owner/operator of said Western Charter
Tours, Mr. Keith Grimm, have agreed to enter into an agreement to insure that the
conditional use permit will expire and become null and void within a reasonable time
period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby approves the agreement, attached hereto, and authorizes the City Manager and City
Attorney to sign and execute said agreement on behalf of the City of Petaluma.
resowcbt/pam7
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (1~~~) meetuig~" -J~~~" °
on the .....-.2-~~1<----..... day of ...............~lAll.~.........................-........., 19..3., by the .-, s
following vote: •-•--.. -.....-- •-•-- ---••--••-•----..
City Atto ey
AYES: Barlas, Shea, Hamilton, Mayor Hilligoss
NOES: Nelson, Read
ABSENT: Vice M el
ATTEST : ... ....... ... ...... ---•._... .- .. ....... .-..-
City Clerk
~_
(buncil File ....................................
CA 10-85 Res. No..93.-163........... N.C.S.
r
AGREEMENT REGARDING EXPIRATION OF.CONDITIONAI, USE PERMIT
,+
The City of Petaluma, a charter city, referred to as "City," and K & G Bus
Transportation Services, Inc., a California Corporation, dba Western Charter Tours, Inc.,
referred to as "Western", enter this Agreement on June 21, 1993, establishing an expiration
date for Western's use permit on the following terms and conditions:
A. On June 7, 1977, City issued to Western a use permit to operate Western's
charter bus service at 67 Magnolia Avenue, Petaluma, CA (the "use permit").
B. Western was obliged under the use permit to meet certain conditions,
including constructing a decorative wood fence and operating only during certain hours.
C. Western has been unable to meet the conditions of approval of the use
permit.
D. City has recognized noncompliance with conditions of approval and has
commenced revocation proceedings of Western's use permit.
E. Western is prepared to agree its use permit will expire and become null and
void provided it is allowed sufficient time to locate and move to a different site.
NOW, THEREFORE, City and Western agree as follows:
1. Western agrees that on or before August 9, 1993, it will remove its charter
bus operation from the. premises at 67 Magnolia Avenue, Petaluma, CA.
2. Western further agrees that on and after August 9, 1993 its use permit for the
premises at 67 Magnolia Avenue, Petaluma, CA, issued June 7, 1977, shall be deemed
expired except that portion which shall allow Western, for up to forty-five (45) days after
the granting of a Conditional Use Permit for Western operations elsewhere within the City
or for-ty-five (45) days after August 9, 1993, whichever is sooner, to perform mechanical
maintenance and repairs of buses within the garages on the property between the hours of
7:00 a.m. and 6:00 p.m., Monday through Friday, only.
1 Rem • Q 3- l to 3 I~GS
3. Western .acknowledges that due to the requirements of the charter bus
service it is unable to meet the terms of the use permit which limit hours of operation to
7:00 a.m. to 9:00 p.m. Western further acknowledges that it has not built the decorative
wood fence along the southwesterly boundary of its property as required by the permit.
4. Western, after consulting with its counsel, agrees to waive its right to a
hearing under City's abatement procedures, including, but not limited, to the following:
a. The right to appeal the decision to revoke. the use permit under
Section 26-509.1.
b. The right to notice provided in Section 26-509.1.
c. The right to a hearing of any kind with regard to revoking the use
permit under Section 26-509.1 or any other section of City's municipal code or
zoning ordinance.
S. City agrees not to commence or to pursue any administrative or legal action
to revoke Western's use permit or to require Western to be removed from the property
before August 9,1993.
6. The parties have made this Agreement in order to avoid the time, expense,
and effort required to bring and to defend a revocation proceeding. The parties desire to
resolve this dispute with the least .cost and at the quickest pace possible taking into account
the City's desire to enforce its ordinances, the neighbors' desires for the quiet enjoyment of
their properties,. and Western's desire to remain in productive business in the City of
Petaluma.
7. If Western has not removed its operations from the site on or before August
9, 1993, City may bring the same legal action as it could have brought if it had pursued to
completion the revocation procedure set out in its own municipal code and zoning
ordinance. Such legal actions may include but are. not' limited to, nuisance abatement
and/or injunctive relief. Western agrees not to raise the City's failure to complete or
exhaust its administrative remedies as a defense.
8. Time is the essence of this Agreement.
2
Resb • q3 - t~3 N~.S
9. This is the entire agreement between the parties concerning its subject
matter. No oral or written agreement or representation may be used to alter or interpret
this agreement except an agreement in writing dated after the effective date hereof.
10. If any litigation or other proceeding is commenced among any of the parties
to interpret or enforce this agreement, the party prevailing shall. be entitled, in addition to
other relief granted, to a reasonable sum for his attorneys' fees which may be determined
by the court or in a separate action brought for that purpose.
CITY OF PETALUMA
K&G BUS TRANSPORTATION
SERVICES, INC., dba WESTERN
CHARTER TOURS
By
o n carer, ity anager
By
eit r>mm, rest ent
APPROVED AS TO FORM:
By
>c ar u naps
City Attorney
By
att ew u son, ttorney
for K&G Bus Transportation Services,
Inc., dba Western Charter Tours
western/plan43
3 ReSo • G 3- 1~ 3 -~GS