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HomeMy WebLinkAboutMinutes 11/20/19671' 1 1 MINUTES OF ME- STING' OF CITY COUNCIL PETALUMA, CALIFORNIA November 20 1,967 40 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 �. 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 - 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- ;` 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.. A J r 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 �.' 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 r 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. WE 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, 3 7 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,- ® 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 r 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 r 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. r. 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, - 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 cc : , 'aa:: .. 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 412 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 cool 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 ® 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. i 1 1 _ t_t ` 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 ^ 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. ,' o X 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. 1_ 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: �_4 Mayor � Cit Clerk 1