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HomeMy WebLinkAboutMinutes 02/21/196669 MINUTES OF MEETING OF CITY COUNCIL PETA LUMA, CALIFORNIA February 21, 1966 Council. Meeting Regular meeting of the Council of the City of Petaluma called to order by Mayor Helen Putnam at the hour of 7:30 o'clock p, m. .Attendance Present:, Councilmen Cavanagh, Jr.., Colin, Gans, Joerger, Lipman, and Mayor Putnam. Absent: Councilman Brainerd. Invocation The invocation was given by Reverend Henry N. Rankin, Two Rock Valley Presbyterian Church. ATpproyal of Minutes The minutes of February 7 and February 14, 1966 were ap- proved as recorded. 83 A ssessment,.District Letter,, dated February 18, 1966, from Councilman David W. #9 NS Brainerd that since he was unable to be present at the February 2,1sr Council meeting, he thought the Council should know his feelings regarding the subject district, read and filed. The letter stated in part, "With the completion of this assessment district, I feel the participants and the City will be making a very positive. move. I would support moving forward on this for the betterment of the - area. " Councilman Lipman requested that his opinion re the subject district be included in the min - utes. Said opinion was submitted and filed: "After carefully weighing testimony introduced at an extended public hearing by attorneyss for, four_. protesting property owners, it is my opinion that there is no legal reason why the •assessment district plans should not be approved as submitted. "The ,main'�objections presented concern the right to include major drainage facilities, the "inclusion of McDowell Bouleva -rd- as -a •par- -tial- street and not connected with Mc- ,Dowell Boulevard North and the right of the City Council to utilize the bonding act of 1915 and extending the payment p eriod to 20 years. "Whereas; only a small percentage of property owners-in the 458 -acre assessment district has objected to "the district, it seems that there is no legal grounds for the Counci -1 to abolish the district_ on the basis of a majority -- either in numbers of owners or_ in, amount of acreage, , rotestin making a only someg* acres in holdi there is With dust four owners p g, g p . y g , certainly no majority having forced on it something it doesn't want. "Bu;t the problems that have been - exploited do -show this Council, which has had limited experience with districts of this type, that in the future certain steps should be taken to alleviate confusion. "Preliminary guesses by officials of the city have been pinpointed as leading certain property: owners astray. Where costs ,of $2 000. per acre were forecasted when the district `w as thought of, it now turns out- that basic engineering studies show some assessments running $'7, 000 on the pro.testants' prop- erties. This should, point out to many that in districts of this type those involved should not be given any guarantees or led astray, even unintentionally, until the specifics are : known. "While realizing that the very protestants -now were promoters of the district at the start`, its hard to understand how those who sigilpd the original petitions could have be- li -v'ed anything but that the,road from Highway was to go to Petaluma Industrial Park #1 and not clear through -to-McDowell Boulevard North. "'It was stated quite clearly on the petition -- any other expressions verbally by a staff rnernber or city official must be taken as hearsay unless it was in writing and made a - part of the assessment district. ; "Also it must be taken as factual that the Council can utilize the 1915 bold act and extend the period of repa -'ment on the bonds since the assessment district attorney has rendered his opinion that it is legal and has ,been enacted in other places to set prece dent. for "" this action. 70 February 21, 1966 Assessment District #9 NS (Continued) "The crux of the problem seems to surround the drainage. While it might be true that ;major drainage was not contemplated at the initiation of the district, the assess- ment district engineer, acting in good faith, ha's proposed the best plan* to drain the road asked for in the original petitions. "Alternatives to the present drainage would be more expensive, according to the' testimony of the assessment district engineer. "No testimony was introduced for an alternative, less expensive plan. Tiis Co ouncil must still be guided by its staff. "The matter of the pump station, a basic borne of contention between the assessment district engineer and County Flood Control engineers,, Ls again a technical question which this, Council is .hardput to decide. But again,; this body must favor a 'staff . opinion unless other agencies will provide proof positive that their contentions are right. "Flood Control has made a minimum effort to accomplish this even though this has been a major factor in this assessment district. "I feel-. this assessment district is vital to the balanced growth of this city. 1 . It will - not only enhance the potential of this city to attract more industry,. but it will, also favor key developments' around the Denman Ffats cloverleaf. "As it stands the district seems to flavor all property owners. The fiscal oppor- tunities are dfficult•to weigh-, but certain land transactions in the area are enough, combined with the bright outlook for this city's development, to make `this Council. think that the project is a good investment to those concerned. "With no legal stand projected that can plainly sway this Council, it is my dect-son that the &sari -ct should be maintained as presented by the engineer. " Assessment District #9 NS ( Continued) •,r a= lu Steps A and B of the Memorandum of Proceedings pre- pared by the bond counsel were read by the 'Mayor and further explained by Mr. Ness;. Step A outlined `the procedure if the Council did -not wish to make a decision at 'this time and Step B outlined th_e procedure if the Council decided to approve the proceedings -at this time: :Council' man Gans stated that he wished to abstain from voting on: making . a decision because of his absence from, the second' public hearing and in fairness to the :protestarits, but if` the majority of the Council present votes .to, proceed, s he then would vote on the proceedings. However,. the City A ttorney stated that under the existing' ord.naizces ab stention in this case is improper and failure to vote would be recorded as a ','yes" vote. Councilman Joerger :said .he would have to 'ab°stain from any voting that takes place, be == cause of his personal involvement in the district. A poll of the Council indicating their interest in .ma'king a d, - vision at this time including the approval of the proceedings was taken. Roll call on this poll carried by the following vote: Ayes.: Councilmen Cav- anagh, Jr., Colin,, Gans *,. .Lipman, and, Mayor Putnam. Noes: None. Absent: Councilman Brainerd. Abstain: Councilman Joerger.. - * Not voting by Councilman Gans 'is recorded as °an. "aye" vote; Councilman. Ganes indicated that he would vote on any ° aetion. to .be taken. In view of the action taken, the City A ttorney pointed out that this is a -decision on the part of the Council to • take the 'steps as proposed "in Subsection B of Mr. Ness' Memorandum. Mr. Ness briefly reviewed each resolution before Council action. 1 t M Assessment District #9 NS (Continued) February 21, 1966 Oyetruling Protests Resolution #4452 N. C,: S 'overruling protests, Assessment Res-. #4452 NCS District #9 N'. S. was - introduced by Councilman Cavanagh, Jr., seconded by Councilman Lipman, and adopted by 5 affirmative votes, .l absentee, and'i abstention by Councilman Joerger. Amend Res, of, Intention. #4203 NCS R.es. 44453 NCS Filing of Amended Cost-.Estimate and Engineer's Report Res. #4454 NCS Appro"viiig Amended . Engineer "s Report R es. #4455 'NCS Changes in the Work Res. #4456 NCS Award of Contract Res. 44457 NCS - Awarding sale of Bonds = R &s. #445;8 NCS Resolution #4453 N..C..S, amending Resolution of Intention #4203 N. C. S. in the - matter of the bonds to be issued and the term of the bonds, and disposition of any surplus funds in Assessment District #9 N.S. , was introduced by Councilman Colin, seconded by Councilman Cavanagh, Jr, and adopted by 5 affirmative votes, 1 absentee,, and 1 abstention by Council- man Joerger. Resolution #4454 N. C. S., directing the Engineer of Work to file amended cost estimate and amended Engineer's Report, . Assessment. District #9 N „ , was introduced by Councilman Lipman,. seconded by Councilman Gans, and adopted by 5 affirmative votes 1 absentee,. and 1 abstention by Councilman Joerger. �3 Resolution #4455 N. C. S,. and order approving amended Engin- eer's Report, ordering the construction of 'improvements and the acquisition of properties and confirming, assessment, A ssessment District #9 N. S. , was introduced by Councilman Colin.- seconded by Councilman Cavanagh, Jr. and adopted by 5 affirmative votes, 1 absentee, and 1 abstention by Councilman Joetger. - ' Resolution #4456 N.'C. S. authorizing Director of Public -Works to make changes .in the 'work,. Assessment District #9 - N. S. , was introduced by Councilman Lipman, seconded by Councilman Colin, and adopted by ..5 affirmative votes, 1 absentee, and 1 abstention by Councilman Joerger. Resolution #4457 N. C. S. of award of contract, was introduced by Councilman Gans, , seconded by Councilman Cavanagh,. Jr., and adopted;by 5 affirmative votes, i absentee, and 1 absten- tion by Councilman Joerger. It was noted by Mr. Ness that this legislation awards the contract for the work to the low bidder, McGuire and Hester.. T 8�— Resolution #4458 C.S.- authorizing sale of bonds, Assessment District. #9 N•. S. ,-was .introduced by Councilman Colin, second- ed by Councilman Lipman, and adopted by 5 affirmative votes, 1 absentee, and 1 abstention by Councilman Joerger. Mr. Ness pointed out that this legislation awards the, sale of the bonds to IA.: Hanauer & Company.: - - This; completes action -on Assessment District #9 N. S. A-Z� Abandonment - , of Ease- i This. being the time set. for .hearing of protests on the abandon - ment:- .Abutters' Rights ment of easement for abutters' rights, the City Clerk announced R es. #4459 NCS that no written protests had been received. As no oral protests or comments were heard; Resolution #4459 N. C. S. ordering the vacation and ,abandonment and closing to public use of an easement for abutters'. rights in front of the property described, was. iaztroduced.by Councilman Gans, seconded by Councilman Joerger, %and,adopted by-6 'affirmative votes, l absentee. . 1 76 i Mrs,. -Nina Dunbar; Letter,, dated February. 6, 1966, from Mrs. Nina Dunbar, 31 Easement offer Park Avenue, - offering $261 for an easement on the north side of her property, Lot 47 on Park Avenue, read and filed. Councilman Cavanagh; Jr.,, noted that Mrs. Dunbar is willing to accept conditions the.Council wishes to require with regard to. dust. control measur.esl ai-id the City's right to use the ease- ment. .'A, motion made .by Councilman Gans, and seconded - by Councilman Cavanagh , that the offer be accepted. Roll call on this motion carried ;by 6 affirmative votes, 1 absentee. The City Attorney was directed to prepare an ordinance authorizing the grant of easement. w r 7 , 2 February 21, 1966 Northeast Annex. #4 Local Agency Formation Commission approval dated Res. - #44,60 NCS Februa.ry.4, 1'966 •withiconditions of the subject' annexation submitted and filed. Director of Plan -' nifig Robert Byrd noted that the conditions, are. that the City of Petaluma not proceed with previous Northeast Annexation #4 and that the description and. snap be corrected from McDowell Road to McDowell" - Blvd. South. Mr. .Byrd added that the previous Northeast Annexation was tabled by a former Council because the proposed annexation created ,a peninsula of County land and , that the annexation ,now under consideration is completely contiguous to the City, whereupoi?'Resolution #4460 N. C. S. ,giving notice of proposed annexation to the City of Petaluma of uninhabited territory designated "Northeast An_ Texat o i. No'. 4" and giving. notice of time and, place; ' ` -for. hea_rin`g'of protests thereto and repealing.Reso lution #4211 N. =S.. ,: w'as introduced by Councilman, Gans, seconded by Councilman Joerge=r, and adopted by 6 affirmative votes, 1 absentee. Citizen's Advisory Letter,. dated February 10; 1966, from the Cifizen'' ., Committee on Aging Advisory `Committee �on:A Bing, State of .California; re application for fund`s'to develop community projects .fora agencies eligible under Title III of the Older Americans Act; 'read and! filed. Public Utilities Public Utilities Commission notice of Pacific Telephone Commission and Telegraph Company application to increase certain private line service rates and charges within California, submitted.and filed. Citylof Cloverdale Letter,. dated February 4, 1966, and. resolution. from City of Cloverdale expressing support and devotion to Armed Forces in Viet Nam, read and filed: City of Lakewood Letter and resolution from City of Lakewood express- ing' support acid devotion to A rived Forces in Viet Nam, read and filed. - Claims .and Bills Resolution. #446 C. S. approving .claims. and bills Res, #4461 NCS Nos. 8459 to 8536 inclusive and, N s.. 270 to 295 in- clusive, for payment by the City Manager, was iii- troduced' by:Councilman Joe seconded by Counc_ il'- man 'Lipman, ipman, and adopted by 6'affirmative votes,. 1 absentee. Provide for Pre- Planning Commission Resolution #5 - recommending zoning modification to the Zoning Ordinance to provide for pre - Ord. #8'20 NCS zoning, submitted .and filed. Director of Planning Robert Byrd bri.efly this proposed prezoning which was recently passed by the State Legislature.. 'This, w, ould. allow developmei plans to be exedited and allow "' people to know in advance the zoning of incorporated territory adjoining `the City in the event of subsequent anexation to the Ci.ty'and 'which zoning would become effectiye upon annexation. Ordinance #820 N-. C. S. amending zoning Ordinance #6.62- NCS by amending Sec -tion 21 -1.200 to' provide for prezoni -iag of uni�icor- porated territory, was introduced by Councilman Gans, seconded by Councilman Colin, and ordered poste& 6 affirmative votes, 1 a Creekside•Park Planning , Cormmission -'Resolution #6 -66 approving Tentative Map tentative- map • of -Creekside Park (located'west of ' East Park'Subd. #1 and north of. Washington Creek on rthe easterly side of E. W ashington S . ), submitted and: filed'; " 1 Pearce Street Surpjus Property McDowell Culvert- Bridge 'Reconstruction Res'. #4462 NCS Q Plaza Improvement Washington Street- Bodega.,Ave,. Realign- merit Clarence .C. Baal, Jr. Res #4468,NCS T 1 ffia� February 21, 1966 I I �fo Water Commission minutes dated February 9, 1966, re R... Friedrichsen, 14 Pearce Street, proposal to purchase 20 x 50:par at Pearce,an'd "B" Streets, recommend- ing parcel be subject to a negotiated sale and that the people fronting - on "B".Street adjacent the parcel as well as Mr. Friedrichsen be tiiformed of the sale, read filed. A brief discussion - was held and the City Attorney commented that the City Charter requires 'the sale or disposal of real property is bo be done by ordinance; whereupon a motion was made by Councilman Gans, and seconded by Councilman, Joe rger, that in cooperation w ith the staff, the City Attorney draft an ordi- nance. for Council consideration including Councilman Colin's suggestion that the market value the land be considered in the negotiation. Roll call on this motion carried by 6 affirma- tive votes I absentee. PLns specifications for McDowell Culvert-Bridge Recon- struction, Project ST64,-. prepared by the Director of Public Works, were submitted and filed. Resolution #4462 N. C. S. approving plans and specifications for the subject project, was introduced by Councilman. Joerget, seconded by Councilman Gans, and adopted by 6 affirmative votes, I absentee. Park, and Recreation Director Richard Shollenberger presen ed the sprinkler system diagram and improvement plans for City Hall Plaza, stating that the work is to be done by personnel in the Park Department, and - recommending that the landscaping work be done at the same time. Councilman Lipman discussed priority of work to be done at Lucchesi Park, but. it was felt that when-plans are submitted by the Recreation Commission for Lucchesi Park, both projects could. be coordinated as far as the time, factor is concerned— In the meantime:, work is to progress on the City Hall Plaza. Director of Planning Robert Byrd recommended that a. landscaping plan be developed and submitted to. the '.Council for its. consideration so that the plan can-tie iii -with future motion ' turedevelopmentibf the Plaza. A m tion was made by Councilman Gans, and seconded by Councilman Colin, t .that the City Ha1 be accepted with the recommendd-fton regarding a landscaping plan. Roll call on this - motion carried by. 6' affirmative votes, 1 absentee. It,w as - agreeable with the 'Council,to add this item to the agenda. Ordinance #821.N C S...,authorizing purchase of lands for Wash- J,'pgtqn Street-Bodega was introduced by Qouncilman Lipman, seconded. by Councilman Gans, and ordered posted: by 6 affirmative :votes°,: l.absentee. Letter, dated February 18, 1966, from Mayor Putnam to Clarence Baal in reply to his letter requesting a hearing re- gard his recent suspension; stating that it would be her recommendation to the Council that his request be granted and that i•t be executive session, read and filed. Resolu- tion #4463, N..C.:S, , approving,.su'spens ion of.Clarence G. Baal, Jr. Fire Chief, ' was introduced by Councilman Colin, seconded by Councilman Jo.erge•*, and adopted by 6 affirmative votes, I absentee. With regard to the Mayor's recommendation, a motion was, made by Councilman -Lipman,, and seconded by Council - ma.n.Gans; that a- hearing be granted, to Mr. Baal .and that it b e a. private hearing in session at 7:80 o'clock p,, m; on Monday- February Roll call on this motion carried by 6 affirmative votes, I absentee. Mr. Baal appeared before the Council and requested that a written statement of specific cha fu.-rnished'to - him and that he have legal and technical advisors present with him at the hearing. The City Attorney commented on , scope of the Council on this matter and recommended granting Mr. Baal's request. The Council concur,redvand. 'advJ at his request was granted. Mr. Byrd. was, requested to notify the C ity Manager. to- - furnish Mr. Baal with the specific charges at the earliest possible date prior to the hearing. February 21 1966 Outside Sewer Permit Philip Justis - Res. #4464,N.CS W Director of••Plannng Robert Byrd;'briefly recapped Mr. Justis' application and pre�7iou's Council. consideration. For Council information, ..he added. Paul's Lane was checked and it can be extended in .the future to Lohrman Lane w`itho,ut .the remov , a house. Director of` Public Works David 'Young .explained the Sewer Master' Plan' in relation to Mr. Justis' application andt.the surrounding area. It was pointed -out by Mr. Byrd that Mr: Justis improved his property pr to the development 'of 'the Sewer Master Plan which is a -ujnique- factor` in this :case and not unique to other proper- ties w hen .cons idering.requests for future connections,., Following discussion of the matter with -Mr. Justis .and consideration of. all facts presented, Resolution #4464 N. C. S,, granting application for , a maximum of ten (10) residential connections for property located at Paula Lane and Paul's Road with conditions that one -half of the street fronting property on Paula Road and Paul's Lane. be- improved to City standards with curbs, gutters., and sidewalks, was introduced *by Councilman Gans, and seconded by Joerger; and adopted by 6 afftr-:ma- tive votes,- 1 absentee. Foley & Burk The City Clerk informed the Council that upon checking with Res. #4465 NCS Mr:. Canavan of the Fair A s+socialtion, the subject carnival - Will not interfere with any plans for the Swimming Pool Complex, whereupon- Resolution #4465 N. C. S. graritkag. Foley & authority to conduct a carnival from. March 9th through'•March' lath, ­1966,= at! the Fairgrounds was introduced by Councilman Lipman, seconded by . Counci'l- man Gans, and adopted by 6 affirmative votes, 1 absentee. Councilman Gans' Letter., dated February 17, 1966, from Herbert C'. Gans Resignation - ; , tendering his resignation' as a member of the City Counci=l to take_effect at the pleasure but not later than Marsh lb 1966, . was read by the- Mayor and submitted for Deep filing. regret was expressed by the Mayor. Parking Lot Ramp . U.pon request of Directoi of ,P'lanni�ng Robert Byrd, the Golden Concourse Council consented. to add this item to the agenda, Mr. Res. #4466;N.CS Byrd explained. that Mr. Rirnov has recommended that the construction of the Keller Street Parking Lot ramp- be tied - into the construction proposed to b made by Wells Fargo.in order to obtain •the benefits of one bid, j f whereupon Resolution- # N. C. S. approving the parking' lot ramp-pla . as to part of the Golden Concourse and, directing th ei contract for the construction, of the same. to be coordinated with and be a part of the Wells Fargo properties, construction, was introduced by Councilft ala Gans, .seconded, -by Councilman Cavanagh, Jr. , and adopted by 6 affirmative votes, 1- absentee. Study Session At the request of Councilman Lipman, useage of :revenues derived from the Hotel• -Motel tax -and his proposed plan for the use of fifth Mondays were• :scheduled for discussion at the study session on. Monday, February :28th, .19$,6., Statements re After checking with the City Attorney, Councilman Lipman Assess. ' Dust. #9 NS requested that' a statement regarding his opinion on A ssess- menu District #9 N. S. be included -in the minutes. The Mayor added that. all- Council members hawe the same privilege. Personnels Ordinance In answer. to Councilman Cavanagh, Jr. , the .City Attorney stated that the personnel ordinance has been submitted' to the Y Q would be appreciated to make the ece r adjustm pP ry .Don.McKinnon Councilman Lipman introduced" Don McKinnon, Managing A rgus- Courier Editor of the A rgu's- Courier, to. the Council. ' T y 1 February 21, 1966 ` Harold'W. Wojciechowski At the request of Mr. Wojciechowski, the City Clerk 27 `Bodegaa Avenue read a newspaper article "U.S. Move Aids Property Owners re Highway Land. Acquisition. " Said article was filed. Mr. Woj`ciechowski appeared before the Council with questions regarding his property at 27 Bodega Avenue in connection with City of Petaluma plans for the Washington Street- Bodega Avenue Realignment. The matter was re- ferred to the staff to discuss the problems with Mr. Wojciechowski and report back to the Council. Adjournment There being no further business to come before the Council, the meeting was adjourned to Monday, February 28, 1966, at 7:30 p. m. mayor A :tae s t U City Cle