HomeMy WebLinkAboutMinutes 11/06/1961q4!
No v ember , , _6 19411. 7 :3.0 p. m.,:
.7
City Hail ,- 'PQtaluma
Reg,41ar, meeting of the Council of the City of Petaluma called to order by
Councflm a.nKing Vice President of the Council.,
I
1
ROLL CALL:
Prpsent.- Councilmen Colin, Cr
Van Bobber.
..Absent: Mayor Matzen,.
INVOCATION:
Ellis,. 'Gustafson, King and
Invocation was given by Revererid Kenneth G, Peterson, United Church of
Christ.
APPROVAL :' MINUTES:
M, iridt6s from the meeting
of dbi6ber- 16, 1961 were approved asrecorded,
CONSIDERAT OF Bfi%;-
Wa ster Service Bldg.
City M anager's or s report on .bids received dated
Nov; 2 196L, , sUbMj
and filed :.7 The re indicated that "h
0 low WO had been subrhitted. by Fo" stmacier
Construction: Company in the amount of $12, '850.'0.0.
Mr, Larson stated that some inembeis of the Wate r Comm Ission had,met
Qg
'on had
today t , 6ver the bid but no geclsi
SL' been reached.
'Councilman Colin was of the opinion that the low bid was In liho with
present construction coste owe,vO'; lie .noted that
most of 'the other Water
- Commissioners seemed t ffi6 bid as too high.
to; w
Water Commissioners Roger Pearson and. Stanley Seidell addressed the
Co,uncil ,stating that they believe
the bids - received wore all too N6'.
MT. Charles Woodbury,-' the a±0'fijtoct who had prepared the p lans for
t bjulg elievRW i ekectbd be6 use p thosize-bf the building, Al h� mft that many contractors hA'd not bid
,so
because th e building was so small
After: further discussion the-m"atter was referred to the
Water Commission
fo.r'cons and rec'omm*endation to the Council.
-
Machine 7 Adoption of Ord. Authorizing purchase of Machine -
Repo-,# of
Ci
t y 'Manageri dated Nov., ap- 1961, summarizing bids received
on acc66n.d chin
Ing rpa p, submitted and filed. The report tec - that , the
pmm,ended
bid- be awarded to Cash Register Cdrh - '' ' ' , 'i I I .,
pany and exp the'r r
for this rec*Ommend
ation.
Jhasmuph as Na Cash Rezister Co, had not submitted th6, low bid -
Larson
variousphases. of theo0erations of the machines were e xp l ained , b"' y,
and the 6 repre ` - o
National' Cash Register Co and Burro
or
p
'a ques, ion 't"I
TT -, o: t by Councilman Colin, the C'ityM`
ariageranswer6d.thY if the
City is successful in work' S , '
working put. an agreement h ,a
Wit C 11f. Water" erv. ce Co. to
'"have --a-ll;of the siiigle-'-faiiii1y"residences billed 'by '
y them, no addition . help w ould
be necessary.for.. the..
p
pprpo§q w
of billing the proposed seer servi6e, fi` e
fte --
A'�, jr f r i he r' di scus si on on the subject, ihe :ordin - - '4' ffi
uoriz"ing the
Purchas6-6fthe a6counting map ipp Was defeated a follows:
Ord. #61,$ N. C. S.
,introduced, by qouncilman Colin, seconded by qouncilrrian FIlis, entitled ,.
2 48
NORM, Lj� 6 19 61
.O`rde . #618 NCS cont' >d
":AN ORDINANCE-APPROVING THE�SPECIFICATIONS FOR AND
AUTHORIZING THE PU I ACCOUN MACHINE
RCHA OF AN TING
'
FOR THE CITY CLERKS OFFICE,., -:
DEFEATED by the .following Vote: ,
Ayes; Coune�.lmen C`r�r�el_la, E1116-t K -'
,� .
N ®esa C ®uineil en Colin- Guy fe n.8� V 1?bor
Ab ®dnt:.1Vlayor 'Motzen
PETITIONS t COMMUNICATIONS:
`1 orth Jr' ,High Schoo Site.
l
Ann exation Portion of Kent w
r_ _,._�._ r,h,..c„h��i� •rtared n ct. 13. 1.96 for annexation=
Request from re diuiira v��y ��� - , �.
of .certain territory owned "by Petaluma City High£School District tq the City
etition for' annexation, submitted and filed,.
of Petaluma,.: read and filed p :;-
Res. #2858 N G;.S
int:epd"uced �by' Councilman; Van Bebber; seconded .by Councilman Gustafson, entitled;
RESOLUTION PETITIONING THE BOARD OF SUPERVISORS OF'
THE. tCOUNTY OF SON
O1VIA TO ANNEX TO THE CITY OF
PETALUIVTIUOUS PROPE
IA CON G RTY OWNED BY
4 .n.
" PETALUIVIA CITY HIGH. SCHOOL DhSTRTCT
adopted by 6'affirnatiVe votes; 1 "absentees f
Novak -Subdo #3
k ,.
Letter from John Novak, Inc dated Oct 17 1:961, 'confirming agreement
with City re 'improvement of 'East: Washington Street, read and filed; .whereupon,
Res #2859 N Ce S ,
.
-I
sr
introduced b Councilman Colin; seconded by Co Van Bebber, entitled,
`;'RESOLUTION AUTHORIZING THE MODIFICATION OF A SUB
DIVISION, AGREEIVIENT.BETWEEN' JOHN L.NOUAK AND THIS
CITY AND DIR'ECTING THE CITY .ATTORNEY TQ PREPARE,
THE SAID MODIFICATION
read and adopted by 6 affirmative votes i absentee
Letter from Los Angeles Memoriai Coliseum Commission dated Oct 16;
1961, re observation of "Mercy: �?�1eek. submitted and filed, whereupon,
Res: 42860 N C S j
ritr- oduced by Councilman Van Bebber; _seconded by Councilman King, erititledy
"RESOLUTION OBSERVING NOVEMBER 19 s 25,
19. 61, A ERCY`'
WEEK; AND ENCOURAGING
"'HE :PU.RCHASE OF TICKETS` =FOR
THE MERCY BOWL GAME .ON NOVEMBER 23, '1961 "
adopted by '6 affirmative votes,, 1 a bsentee., _
Y .• ' ' . .. ' ..
Notice of Mayors.' & Co: uncilmen °s Association meeting to b'e held in
Sonoma. at the El Dorado Hotel on Thursday; : Noyern bOr 9:; 196;1, read and filed,
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°2_�
:November 6, 1961
Three students 'from, McDowell School were introduced to the Council
at this time.
At the ,request of Acting Mayor King, the CityManager summarized for
the students the manner in which the City.'ls. Council - Manager' form of government
operates.
REPORTS OF CITY OFFICIALS.:
Council Committee
Denman Sewer Assessment. District - .Report re Engineering
Mr. Larson reported` that the Committee had instructed him to write the
firm of. Whitlow, 'Hof nian, & Albritton to review the proposed.,project -in ,- the Denman
Area. After this firm had.reviewed the project, they submitted''a proposal to the
City. The staff, then referred this proposal'to Mr. Sturgis. Mr. Sturgis report
to the Committee stated, generally, that the proposal was in order for this type
of' project. ,. Sturgis .had pointed out - in his letter that applying. the 97 fee, the
project cost would include all items: of the City were to include just - the construe- .
tion costs, then the 11- figure would be used: . - -Mr. Larson also pointed out that
these -fees. appeared to be in line with the;Blue ook on engineering fees:
Acting Mayor King questioned the wording of one part of the proposed'
agreement with Whitlow, Hoffman. & A,lbritton concerning abandonment of the
project'by the City before; completion The City Manager suggested that the
following phrase be inserted in that portion of - the agreement being questioned' by
Co.uncilma.n King.. "will be -in an amount proportionate. r to th`e work completed
and mutually agreeable'to both, parties ". There were no- objections to this
suggestion:,:
City Engineer A1- Roberts suggested that ,the agreement be referred back
to the engineering` f itm to be redrafted on the basis of construction cost only.
Following further discussion .relative to percentage fees, it was decided
that the Committee should meet with the ;firm of Whitlow, 'Hoffman & Albritton
in order to go over this matter, more thoroughly. The City Manager was directed
to arrange for'this' meeting;.
Councilman Crinella asked. that .the staff review the charges. proposed by
the engineering firm' to determine whether or not _they were in line.
City Manager
Claims approved for payment by the City,Manager were submitted and filed.
Councilman Van calle ° d the CounciF;s'aVe ion to' claim #493, payable
to the - American Bar Association, stating that he felr�'s- cglhgly against item.
Councilmen Ellis . and Crinella also stated- that they were against the - payment of
this claim: They did not believe the membership dues in this association should
be charged against the City:
A poll wa -s taken, revealing 6 affirmative votes 1 absentee, - favoring the
deletion of claim #493:
Claim #493' was then deleted fron` approving claims and-
bills,'-'and` : .
Res. #2861 N: C.: S,.
introduced by Councilmanr Colin -- seconded by 'Councilman - approving
claims, and bills (Nos. 457 to 492 and 494-to 53 inclusive, Nos'. $016 to�6179
inclusive and Nos. 342W to 402W inclusive), was adopted by the following vote:
_ Ayes: Councilmen Colin; Crinella,, Ellis, King & Van Bebber.
- Noes: Councilniain Gustafson: '
Absent:' Mayor Matzen. -
(3)
Aso
Report. re Civil Defense Fallout Shelter Survey
Letter from Governor Edmund G: Brown dated October 30, 1961, re
Civil Defense Fallout Shelter Survey, submitted 'and .filed; City Manager's 'report
thereon dated November 2, 1961, submitted -and filed.
City Planning Commission
Use Permit - Barlas Feed Co
Res. .U38' -61 granting permit to Barlas�Feed Co. to construct 3 car spur,
Auger and small feed unloading elevator, submitted and filed,
Denied Use ,Permit -Walter Walter Oster
Res. U36 1; denying use permit..to Walter Oster to conduct. music_ school
in. R -1 Zone, submitted and. filed:
Whitmire Variance
Res. V1.4 - 6`1 denying ;application of F. Whitmire to allow covered patio
side yard to extend to the property :line 'instead of providing required 5 feet,,
submitted and 'filed.
Appeal of Frank & Gertrude, Whitmire dated .Oct. 21, 1961, ' from decision
of Planning Commission, read and filed:
Report of City Planning :Commission' dated Nov. -3, 1961 "re .subject
variance; read and filed: A portion of this' report read as follows:
"The Planning .Commission. requests a joint meeting with the
City Council in order to discuss the problem-of ( covered patios lava 's
'to determine whether or not clarification or revision of ,our existing
ordinance is necessary. "
It was pointed out by the City Engineer and City Building Inspector that
the Whitmire patio structure was actually in violation of both the City zoning
ordinance and the building code.
The Was a lengthy discussion concerning the violations involved; the
need for a joint meeting with ;the'Planning Commission to work out an equitable
solution to the problem of covered pa'tiosland lanais in .etc.
A motionwas then made by Councilman Van Bebber that; the zoning
variance. being requested by the Whitmires' be granted. The motion was
seconded..by .Councilman Colin, and carried by 6 affirmative votes, 1 absentee.
The' possibility of waiving t4& 00 building variance fee was discussed
by the Council. However, the City Attorney stated that he could .not pass an
opinion on this matter without reference to the City Code
Mr. 'Robert was .directed to investigate. the .legality of such a waiver
and the subject Was tabled until later in the, meeting.
General Area 'Plan
Res.. 142 .approving the General Plan and - recommending .it to the City
Council for 'adoption, submitted and. filed; letter thereon dated Nov. -2., 1961,
received from City Planning Commission, submitted and filed.
Mr. Phil Joerger requested to know 'if there had been any recent changes
in 'the .General Plana Acting- Mayor ;King informed. him that he did riot believe
there had been any changes involving.Mr. Joerger's property.
The following resolution. was then read ands adopted:_
Res.-'#28,62 N. C. S.
introduced by Councilman Colin, seconded by Councilman. Van Bebber, entitled,
"RESOLUTION SETTING A PUBLIC HEARING ON THE GENERAL
PLAN. "
adopted by 6 affirmative votes, 1 absentee.
(4)
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November 6, 1961
Whitmire Variance. cont!d
The City Attorney reported '.that it would'nbt be possible for the
Council t6 waivia'a building, variance fee.
The Whitmire s were advised that they would have. the choice of either
b 6
brih in
gg,�h subject building code variance,
., 2- jedt building ..up to 'code or applying fora 1
,Building Inspector . Guy Smythe Was then directed to confer With. the
Whit mires in order to go over the various manners which they might correct
the existing building violation..
Director of Public Works
- Baker Street Storm. Drain Improvements
Plans & specifications 'for the subject , project were submitted and filed,
There was discussion as to whether or not'it might be more feasible to
relocate 'or elimindte, at the present time'- constructi of the proposed storm
- drain 'improvements throUghthe vacant lot -at -the Civic Center site which had been
propoS the new library site.
It was the'decision ,of, the Council to call -for alternate bids whereby the
storm dra-in improvemeiit,s could be terTn-ingted'af English Street if the Co
so desired..
The City Engineer was directed to amend the specifications accordingly,
and -
Res, . #2863 N S'.
introdu by Councilman Gustafson, seconded by Councilman Colin, entitled; -
"RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
ENTITLED, ''BAKER STREET STORM DRAIN IMPROVEMENTS,
.1961% AND AUTHORIZING THE.CITY CLERK TO ADVERTISE
FOR BIDS FOR"SAID WORK.
was adop tedby 6 votesi, I absentee.
INTRODUCTION OF ORDINANCES:-
- .Amend, Local Sales. Tax Ord., to Conform to 1961 LE
The City Attorney advised the Council bf th.0, various
would db * 0 brought about. by the . §object ordinance; whereupon,
q .
Ord, . # 619 N. C. S,
introduced by Councilman V.an seconded by Councilman Crinella7, entitled,
"AN ORDINANCE AMENDING CHA PTER 24�, ARTICLE 1.1, OF
THE PETAL U\4A. CITY CODE OF 1958 TQ PROVIDE FOR THE
DELETION OF CERTAIN N SECTIONS AND THE REVISION -OF
CERTAIN SECTIONS PERTAINING:TO THE UNIFORM LOCAL
SALES AND' USE' TAX.
o
was ordered published by 6.affirma'tiv'e votes I absentee
'.Ord, 'A Mayor to Execute an Easement. -7-P. -Ga &'E. Co,
Ord, #620 N. C. S.
introduced, by. Cou"'ncilm.an Colin, seconded by Counc - Van Bebbe.r., entitled,
AN ORDINA'NC'E AUTHORIZI , TH MAY - OR TO' EXECUTE- AN
EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY FOR
THE PURPOSE OF INSTALLING REPLACING AND MAINTAIN-
ING GAS PIPE LINES OVER AND ACROSS CERTAIN LANDS
OWNED BY THE CITY OF PETAWMA MORE PARTICULARLY
DESCRIBED 'IN THE-BODY OF THIS
-ordered posted by 6 affirmative. votes, I absentee,
(5)
November 6 196
,S _r,,S Fee
Staff - TO — Pprt dated Novo 3 1961 . 8igned, by City '' M L. .W.o La
re sewer service"fee budgetary exp&: itu es�,, subm" a filed°
get n. itted 'a
Councilmen Van Bebber and Gustafson commente4, t at- they had been,
under the jin at �
impression that all these funds would be used - for' capital outlay
projects. Howev er, other members of the. C6unc1l had undeistood'that a portion
of the money would'be used for the maintenance, and operation of the sewage
treatment plant. -
Due, to, this ,m is under standin it was the decision of the. Council to hold
a study , se'ssion on the subject next Monday night.
Mr. Vincent. Sthoeninkh, Petaluma Inn,' 'addressed the Council requesting
owering, he
that consideration.be'gi v e n to I t, proposed sewer setv ce 6ha:rge for
hotels. Mr. Schoeningkitatddihat in making ihi� ie h spe a k ing
.,,qu,pq,t/' ew 5
on, behalf of the management 4.the Hotel Petaluma, Hotel Caia, drande
M te and Am6fi otel i'r made �on the � basis that o can Their Th' request w��S b
. :.i " , . .1.
bins are. no r ented o: u ca c all year, usually 1,
f:z,
hotel and motel rooms t it but y
ge
about 50% occup"Ancy, "Mr'�f, at th-pse'peo people w n
" . .Schbeningh pointed out that
i " ' " b , - I t I P_ not
-
prot'estingthe tax it-��el� butL m"erely amount to, e charged hotels :and motc.lse.
The followin protesting the...sewer' sc�
_9 to be char
hotels and -motels,* - W`0i'e then read 'and fiK6"d
..Hotel Represented Sigoatur . q Date
Aftfe±icdh'Hotel' Mk,. . Frank Black "Nov`. 1961
Hotel Petaluma F rAnk Toner 6
Nov. 6, W. .) - , ,
Ciontinenta,I.Hbtel Au'just Lepori, Nov.' 6� . 1961
Ord. -re Group Insurance Contribution by
O rd , - #6�1 N C r
. S".
duced'by CoLincilma"n King,,, seconded Colin; entitled,.
intro d by Co
. if
:AN AMENDING ORDINANC NO.* 392 Q� S �,BY
,
AMENDING SECTION 15 THEREOF TO PROVIDE FOR S 1GK-,
LEAVE AND GROUPHEALTH INSURANCE BENEFITS:.
ordered posted by 6 affirmative votes, 1 absentm
ADOPTION -OF ORDINA`NCES
#617 N.CS:'71,A:uthor"izi'pg', Mayor ..to Execute. Lease wfth,.ManuelA_2ev
Ord #617 N. C;1 Se
c unc 'e n V - Aft jeq
introdu'edby.'t'Co' iw�nKing seconded by 66� di�Bebbei, ,,
nc
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
A LEASE WITH MANUEL AZEVEDO F.OR A - PA' A C L OF
"
LAND OWNED BY THE PETALUMA WATER"--b E P"AR'
TME NTT
adopted, by .6 affirmative absentee,
.CONSIDERATION OF NEW. OR ,QNFINISHED, BUSINESS.,
Res ,#286_4 -
- N- C S
��
introduced by Councilman , Colg� - seconded b,V.. Couh,cilm"A"n Van Bebb6r- entitled
.;I .
I."
(6)
107
er 6. 1961
01 61
Res, .#2864 NCS con
RESOLUTION ACCE $I 000. CASH DEPOSIT -FROM ,
RE
_ -NTZ : & HOCKERSON IN LIEU OF THE MAINTENANCE
BOND REQUIR BY THAT CERTAIN SUBDIVI SION AGREE-
FEBR UARY 20 1.961.
.ME NT OF
adopted by 6 affirmative V otes, I absentee.'
Res. Autho KiKiaLAa'eemnt with NW Pac�. R R. Co, re Publici
izi A . . e .
Tnto'Petalum4. Bb4f Project
Res...#2865 N. C. S'.
Olin., and seconded by Councilman Ellis, entitled,
introduced by Councilman C T
E XECUTE AN
ION' A UTHORIZING Tt-_IE�MAYOR TO EX
''RESOLUT A IF .- IC RAILROAD
AGREEMENT WITH THE NORTHWESTERN PAC.
COMPANY FOR THE PURPOSE OF ACQUIRING THE TO
CONSTRUCT ' A PUBLIC CROSSING INTO THE'PETALUMA .
HARBOR PROJECT.
adopt_6d. by,.6 affirmative. votes 1 absentee.. the City Attorney briefly
`i eggng
�fore roll call'on the-fof' resolution,
i
went,over the terms of 'the agreement.
,Res. Authorizing C Pr P4,jEL Request for Alloca.tion of
Fund from PUC _
& Authorizing Mayor to .-
Execute same re Crossing
� i
Signals " West. Payrah'Stireet
Res. #2866 N C. S.
introduced by Cou n6iman Van Bebber, seconded by Councilman King entitled,
'RESOLUTION AUTHORIZING THE CITY ATTORNEY TO- PRE=
A REQUEST FOR AN ALLOCATION OF FUNDS FROM
THE PUBLIC* UTILITIES COMMISSION AND AUTHORIZING
THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE
CITY OF PETALUMA.
adopted by 6 affirmative votes, I absentee,
Answering & question by Councilman Colin concerning the pu rchase of
land.lrom' the M&Nea in connection with the Boat Harbor, the City Attorney
I _ w
stated t I ha . t if'*
the believed ifthe Ci y could f ind that this land was for right -of -Way
stat t of immedi . ate possession. It appeared,
purposes, it possibly could get the right
•could probably present a convincing . argument
on an overall picture, that the City co i of I this
tl' '
to the co.Urt� that it was enti ed to possession because most
land, would be used for access to the facility.
ADJOURNMENT:
There being, no further business to come before the Council, the meeting
adjourned.
•
A-
Attest
C ity Clerk
(7)