HomeMy WebLinkAboutMinutes 11/20/19671'
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MINUTES OF ME- STING'
OF CITY COUNCIL
PETALUMA, CALIFORNIA
November 20 1,967
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Council Meeting Regular meeting of: the Council of the City of
Petaluma ealled'to order by Mayor Putnam at the
hour of 7:30 o'clock p.m.
Attendance Present: Councilmen Brainerd, Cavanagh, Jr.,
Colin, Joerger, Lipman and Mayor
Putnam`.
Absent: Councilman Battaglia.
IIivocation The invocation was given by Reverend Godfrey
r Hartzel, St. John's Episcopal Church..
Approval•of
The minutes of November 6, 1967, were approved
Minute's
as recorded.
gel
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Weed Abatement
This being the time set for hearing of protests
Res, 4,4858 NCS
on weed abatement, the City Clerk announced that
no written protests had been received. In answer
to a question from the floor, Fire Inspector Clyde
Thomas suminari zed the weed abatement program. Mr.
FI. A. Hermanson, 752 Olive Street, spoke to the
Council regarding th'e method he uses to eliminate
the fire hazard on his 5 -acre parcel. He was
assured that it was satisfactory. Mr. Hermanson
also complained about the rubbish and trash being
dumped on his property and requested some action
be taken to proper.ly'control the problem. The
Mayor advised him matter will be checked
and investigated.' No other comments were heard
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and the public hearing was closed, whereupon
Resolution #4858 N.C.S. ordering abatement of
nuisances consisting of weeds growing and rubbish;
refuse and dirt existing upon the streets, side-
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walks, parkways, and parcels of private property
in the City of Petaluma and ordering the Fire
Chief to remove said weeds, refuse, rubbish and
dirt, was - introduced by- Councilman Lipman,
seconded by Councilman Joerger, and adopted by
6 affirmative votes, 1 absentee..
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Chamber °of Commerce
Letter, dated November 2, 1967, from Owen Fred -
re Airport
ericks, President of the Chamber of Commerce,
suggesting that the Council consider their
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proposal to request the County to set aside funds
for the next several years toward a Petaluma
airport,.read and filed. After 'a brief discussion
on the proposal, the City Manager was asked to
contact the County regarding the status of the
County's plan on airports and report back to
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the Council at a study session.
Petaluma Council for Communication from the Petaluma Council for
Retarded Children Retarded Children stating that its next meeting
is November 29th at the Vista Special
Education Classrooms on Webster Street
at 7:4.5 that the annual pot -luck is
December 15th, and adding an appeal to join
the Council for.Retarded Children, read and
filed.
General: Home Rule Communication, dated ;November 9, 1967, from the
Principles League of California Cities enclosing statement
"General Home Rule Principles" prepared by the
League's committee on Home Rule and presented
at the Mayors' and.Councilmen's Department
meeting at the annual League Conference, adding
Q.
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General Home Rule
that said statement was accepted by the members
Principles
of the Committee and League Board of Directors
(Continued)
and requesting comments, submitted and filed..
Fire Engine #7
Letter, dated November 14, 1967, from Norman I.
Carpadus submittf►g a bid of $25 for the 1937
LaFrance Engine No. 7, adding that his fellow,
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members of the Redwood Empire Fire Buffs
Association are "anxious to preserve the engine
as a parade piece, read and filed. City
Manager .Robert Meyer recalled that a propos'al'.
wa's made to' transfer the engine over to the
Fourth District Fair Association for use during
the Fair and for - storage at the Fairground`s. " . -
He stated that the proposal is being considered.,
by the Fair Board,. Following some disciuss .on -,
a motion was made by Councilman.Joerger and
seconded by Councilman Cavanagh, Jr., to sell
the 1937 Fire Engine to the Redwood Empire-Fire
Buffs Association for $ City Attorney,
'Robert ruled that the motion was illegal and
referred'to Section 5.25 of the City Code which
•states "Upon a finding by the City Council, .that
certain personal property owned by the.Ci.ty
is surplus and'no longer required for use by
the City,.a the same has salvage value, the
City Council may direct, by resolution, -the
City Manager to sell and dispose "of the sa_me.'
The motion was then withdrawn by Councilmen
Joerger and•Cavanagh, Jr.. The City Attorney
was directed to prepare the necessary
tion for disposal of the fire engine by de.-
claring it surplus property. In answer to Mr.
Carpadus, the City Attorney explained the pro-
cedure involved and 'added that discretion of
the disposal' of , the surplus property lies. with
the City Manager.
Councilman Battaglia entered the meeting at
this time. It was.approximately 8:15 o'clock
p.m.
Spoils Area -
Copy of letter, dated November 13, 1967, to
Petaluma River
Director of Public Works David Young from the
Dredging
U.S. Corps of Engineers regarding maintenance
dredging of the Petaluma River and that adver-
tising for bid's has been scheduled for March
1, 19'68, and' work to begin shortly thereafter,-
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read and filed. Mr. Young spoke of the problem
getting disposal areas and asked for Council
assistance in locating available sites. Mr.,
Gwen Fredericks, President of the Chamber of
Commerce, stated that-at-the Board of Directofs'
meeting today a committee was appointed to,help
the City Engineer locate spoils areas. As
Council liaison with the Chamber, Councilman Lipman
was asked to keep the Council informed on the
matter. It was noted by the City Manager that
in the future the Coun -ty be included in the..
responsibility of locating spoils areas when,
any dredging is done outside the corporate
limits of the City.
Proposal -
The City Manager, read a proposal regarding the
Abandondd Poultry
program to clean up abandoned poultry houses.,.
Houses
Said proposal submitted and filed. Mr.
Burlingham, Chaiman of the Beautification
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Conference,`spoke of the program which started'
as a result of said Conference and of Mn.
Amaral's offer to.bulldoze the houses without
cost to the City. Councilman Colin expressed
- concern of legal problems of liability involved
and of setting a precedent. Upon question..from
Councilman Battaglia, the City Attorney ex=
plained that the existence of poultry house
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November 20, 1967
Proposal -
does not fall within the weed abatement procedure
Abandoned Poultry
and•that the,,two programs are not comparable.
Houses
A motion was thenmade by Councilman Lipman and
seconded by Councilman Battaglia, approving the
proposal as.presented by the City Manager.
Motion carried by 5 affirmative and 2 negative
Votes. The "no" votes were cast by Councilmen
Colin and Joerger. Councilman Colin stated he
voted "no" because.of. the legal ramifications
involved and Councilman Joerger stated he voted
"no" because he understood there would be a
$500 limit in the proposal.
Claims and Bills
Resolution #4859 N.C.S. approving claims and
Res..• #48'59 NCS
bills Nos. 12090 to 12200 inclusive and Nos.
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1308 to 1335 inclus;ive., was introduced by
Councilman Joerger, seconded by Councilman
Lipman, and adopted by 7 affirmative votes.
AB2454 Advisory
City Manager Robert Meyer reported that the
Committee
subject Committee.met today in Sacramento re-
garding the transfer of 2454 funds from super-
vision under the-Department of Public Works to
the State.Con.troller's Office and that the
matter to establish a clear definition of
"maintenance" and "construction" on disburse-
ment of funds is being studied.
.Council
The Mayor recognized Mr. and Mrs. Emmett Dado
Invitations
as recipients of an invitation to attend
tonight's Council meeting.
Mr. Douglas Foot, accompanied by two Girl Scbuts,
offered a few comments.
Boat Launching
Mayor Putnam reported on the status of the boat
. .Ramp`Facility
launching ramp facility and with the State Lands
Commission. 'She referred to a letter received
from Senator Collier expressing his willingness
to work with the City of Petaluma and a copy
-of a letter from the State Lands Commission to
Senator Collier. In an effort to clarify the
land exchange problem involving the State,
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County and the City of Petaluma, Mayor Putnam
stated that she discussed the matter with
Supervisors Vella and Shoemaker and that they
have approved her decision to meet with repre-
sentatives of.the State Lands Commission for a
possible settlement. _She added that she will
immediately write to.Senator Collier requesting
that a meeting be scheduled with appropriate
representatives of the State Lands Commission.
The Mayor stated that copies of all correspond -
ence heretofore mentioned will be given to the
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Council for their information and that a report
will be made of-the Sacramento conference as
soon as possible thereafter.
i Chamber of Commerce
Councilman Lipman reported on the highlights
of the Chamber of Commerce Board of Directors'
meeting today. - Consideration of another Commun-
ity Congress for early next year was discussed
and Robert Pope was appointed chairman of the
school bond issue. ®�
Traffic Light -
Councilman Brainerd reported that at the Traffic
E.Washington and
Committee meeting this afternoon, the matter
Payran Street's
of the proposed traffic light at E. Washington
and Payran Streets was discussed. He noted
that this item was approved as a budget ex-
ti
penditure for the 19'6'7 -68 fiscal year, but as
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Traffic Light - pointed out by Director , of Public Works, ',
E. Washington David Young, installation of-the Eight re. -'
and Payran Streets quires Council authorization to proceed,_
(Continued) whereupon a motion was made by-Councilman
Colin and seconded by Councilman Lipman, to
activate the funds for the project of the;
suspended traffic at E. Washington -and
Payran Streets. Motion carried unanimously.
Insurance Company
City Attorney Robert reported-that suit.
of North America
concerning Linda Del Mar #1 was
Res. #4860 NCS
scheduled for.trial early this month but the
subject Insurance Company offered $'85,000 to
settle. An oral agreement was made to accept
the offer, Mr. Robert stated, but a formal .
acceptance has been requested from said In-
surance- Company of-North.-America, whereupon
Resolution #48-60 N.C.S. authorizing-com-
promise of claim in that certain Superior Court
action • entitled '" City • of Petaluma vs,. Atwater'
Investment Company, et al," and authorizing'
,
the City Attorney to file "Dismissal with
Prejudice" of action, was introduced
by Councilman Colin, seconded by Councilman .
J'oerger,,and adopted by 7 affirmative votes.
Novak Subd.'#5 -
Report, dated November 15, 1967, from Director
Final Acceptance
of Public Works David Young, certifying to
Res. #4861 NCS
the completion of public improvements in
subect'subdivision and recommending acceptance
with a certain provision, read and filed.
Resolution 14861 N.C.S. accepting completion
of work required in Novak Subdivision No- 5,
was introduced by.Councilman Joerger, seconded
- by Councilman Lipman, and adopted by 7 aff,rma-
tive votes.
Washington Street
Letter, dated November . 9, 1967, from H. F'.,
Bridge,
Olson, Commander, U. S. Coast C� :_, Chief,
Res. #4862 NCS
Bridge Branch, to Director of Public Works'
David Young enclosing original of the permit` -
authori.zing the modification of an existing
bridge and construction of a second bridge
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across the Petaluma River, read and fi
"Upon recommendation by Mr. Young, Resolution
#4862 N.C.S. authorizing the employment o
De.Leuw, Cather,and Company to prepare engan-.
eering plans and specifications for the con-
struction of a low -level bridge across-the
Petaluma River at Washington Street, was in -_
troduced by Councilman Lipman, seconded by
Counclman•Colin, and adopted by 7 aff =irmative
votes.
Trees - Swimming
Recreation Director•Richard Sho,llenberg.er re—
Pool Complex
ported that seve'n'tree °s at the Swimming,Pool
.Complex are dying. The trees, he said, have
been inspected and checked by experts in the,
field and.they.have .indicated that the trees
cannot be saved. Mr. Shollenberger stated that
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he is in the process of receiving bids for the
removal of the trees., whereupon .a motion was
made by Councilman Battaglia and seconded by
Councilman Joerger, authorizing the removal of
the trees. Mbtion carried unanimously.
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` November 20, 1967
Documentary Stamp It was noted by the City Attorney that an
Tax ordinance on the,subject tax has been prepared
Ord. #881 NCS by the County for consideration on November 27
1967, and that other cities in the County are
adopting a similar ordinance, whereupon Ordin-
ance #881 N.C.S-. amending Chapter 23 of the
Petaluma City Code of 1958 by adding thereto
Article IV, Sections 23.30 through 23.40 to
impose a documentary stamp tax on the sale
of real property within the City of Petaluma,
was introduced by Councilman Colin, seconded 1
by Councilman Joerger, and ordered published
by 7 affirmative votes.
Exchange of Land - Letter, .dated November 17, 1967, from the
Gold den:Eagle Mlg.Co.
Golden Eagle Milling Company proposing an ex
Ord. ` #882 NCS
change of property owned by the firm required
for widening Washington Street for a portion
of Redwood Street.which the City owns and re-
questing abandonment proceedings be instituted
with respect to the. portions of Levee Street
and Redwood Street and further requesting the
Council adopt an ordinance approving the ex-
ecution of an Exchange Agreement, read and
filed. The City Attorney indicated that the
staff has examined the proposal and finds that
it is an equitable agreement. Following a
brief discussion, Ordinance #882 N.C.S. auth-
orizing execution of an agreement with Golden
Eagle Milling Company, a California Corporation,
to provide for the exchange of the fee title
of Redwood Street for a strip of property
along the lands lying southerly of the south
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line of Washington Street, the respective
portions- being exchanged being more particularly
described in the,body of this ordinance, was
introduced by Councilman Colin, seconded by
Councilman Brainerd., and ordered posted by 6.
affirmative votes and 1'abstention. Councilman
Cavanagh, Jr.,.abstained and stated that he is
involved in land in• the area .
.Abandonment -
Resolution of Intention #4863 N.C.S. to abandon
Redwood 'Street
and close to public use that certain easement
Res,. #4.863 NCS
for street purposes in the City of Petaluma,
California, more particularly described in the
body of this resolution, was introduced by
Counc:i.lman Colin, seconded by Councilman
Brainerd, and adopted by 7 affirmative votes.
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Abandonment -
Resolution of Intention #4864 N.C.S. to
Levee Street
abandon and close to public use that certain
Res.. #4864 NCS
easement for street purposes in the -City of
Petaluma, California, more particularly de-
scribed in'the.body of this resolution, was
introduced by Councilman Colin; seconded by
Councilman•Branerd., and adopted by 6 affirma-
tive and j negative.votes.. The negative vote
was east P�, Councilman Cavanagh, Jr., who
stated that he.felt the -City should keep the
waterfront properties, especially in the area
of Levee Street., for future development. The
City Clerk noted that the public hearing on
the two abandonments has been:set for January
2, 1968.
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Dangerous Buildings
Ordinance #883 N.C.S, regulating the re-
-.Ord. #883 NCS
pairs, vacation or demolition of dangerous
buildings by reference to and the incorpor-
ation hereunder of the 1967 Edition of,
Volume IV of the Uniform Building Code,
adopted by the International Conference of-
Building Officials, was introduced by
Councilman.Joerger, seconded by Councilman
Brainerd,, and ordered published by 7
affirmative votes . ,
Special Gas Tax
Ordinance #880 N,.C.S. providing for the
Street Improvement
creation of,a Special Gas Tax,Street Im-
Fund
provement Fund in accordance with the
Ord. #880 NCS
provisions of the California Streets and,
Highway Code, was introduced by Council -
man. Lipman, seconded. by Councilman
Brainerd, and adopted by 7 affirmative'
votes. Said ordinance was declared a -n'
emergency ordinance, and thereby becomes.
effective upon its adoption.
Agreement - Citie's of
Resolution #4865 N.C.S. authorizing the
Sonoma and C'otati
preparation and,execution of an agreement
Res. #4865 NCS
with the Cities of Sonoma and Cotati for
the temporary housing of prisoners in the
Petaluma City Jail, was introduced by
Councilman Brainerd,_seconded by Council-
man Colin, and' adopted by 7 affirmative votes.
Appointment - Santa
Resolution #4866 N.C.S. appointing.Duncan
Rosa- Sonoma County
Olmsted to the Advisory Committee of the
Library Advisory Bd
Santa Rosa- Sonoma County Board of Library
Res. #4866 NCS
Trustees, was introduced by Councilman
Cavanagh., Jr., seconded by Councilman
Joerger, and adopted by 7 affirmative votes.
The City Clerk was directed' to notify Mr-_
Olmsted of the appointment,
Appointment -
Resolution #4867 N.C..S..appointing C.
Recreation Commission
Eugene'Douglais to the Recreation, Music
Res. ' #4867 NCS
and', Parks Commission. to serve' the unex-
pired term of William Y. Abbey who re-
signed; was introduced by Councilman Lip-
man, seconded by Councilman Colin, and
adopted by 7 affirmative votes. The City
.Clerk was asked to notify Mr. Douglas of'
the appointment.
For the Record
Councilman Cavanagh, Jr., asked the - minutes
to show that the City Council is not a.
"gestapo" as indicated by Mr. Dolph Hill in
his letter to the Council on September
1966. .
Odor Control
In answer to.Councilman Cavanagh, Jr., the
Ordinance
City Attorney'stated.that the meeting scheduled
for November 30th in San Francisco with.the
Air Pollution Control Board District's engin=
eers and attorney and representatives of
Royal.Tallow Company was arranged by the staff
to.discuss the technical aspects of: the.
proposed odor control ordinance after which
a report will bemade to the Council Committee
thereon. The City'Manager- stated that any
CouncilC'Committee member is welcome to
attend the meeting.
Adjournment There being no further business to come
before the Council, the meeting was adjourned
at 10:15 o'clock p.m. to an executive
session.
Attest:
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Mayor �
Cit Clerk
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