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Home My WebLink AboutMinutes 06/25/1962June 25; 1962 7030 p�, m.. City Hall Petaluma Calif. Adjourned mee ting, the 'Council of the City of Petaluma *called to order by Mayor Matzen, ROLL CALL: ,Presentp. Councilmen C Inella, Ellis, &lomon Van Biebber and Mayor Matzen. A bsent .,- Codn'c.i,jmeh"Colin & Gustafson : t 1 j APPR0,VAL,,OF MINUTES.. Minutes from the me0iing e of Jun 18 1962 were approved as recorded. 1 Presentation of.,.Pla �to John j , King Uri behalf of 'the eritiro'Cdut ti n Matzen k this) "t tim prese John King with. a plaque as a token of alivrecia ion for the time, , taent and energy 4& had givep the City during the 'years he had served as Councilman, Mr. King thanked the C ' 6.ufi61i, remarking that while this office h' req cdnsl&rable time h h"", he e ad enjoyed t wor k. REPORTS OF CITY °QF'FICIALS,: . City Manager Claims approved y the Acting r payment h City Ma re submitted' whereupon and filed, , na er were , Res. #3000 N. C - S'. introduced by Councilman Solomon; -seconded by C6'uncilman Ellis; approving claims and b il'l's (Nona 1597to,1639 inclusiv ve was rea and adopte b A ff i rhi at-ive; votes 2 absientees. y City ,;P.,I'apning,.C--onirri,ission I U se Permits Res;4 U20--.'62-granting Use Permit to Horace H enri to allow storage & ,sale of bcif' ats at'747 Petal 1 1 " 8. , * C . 1ding mdteil urmi B vd, submitted and filed. Rene U21--;62 granting use Permit to Veterans; of Foreign Wars, Post 1929,,. to o06rke. fiieworks stand at 840 Peitalum No. (C -2 Zone),, " a, B . s ub n m4ted Variance 7. Bill -Thopipso son V2,,:62'tec'iOlti rending . ,granting of Vafia nce o Bill Thbm'psbn't6 allow a 4' 1 "d 5 a 6 th Street,� sdbmitted and - pi pyap instead p .'requ re sidey rd at .0 6' filed; W wfierpupon, Res:. #3 N, C & introduced by Co'unc Van Bebbei, seconded by C6u "ifi E nc Man 111s,, entitled,' - " '.dRA'NTIN A ' -PPLICATION, OF BILL THOMPSON' FOR : VARIAN CE 6M 8' RE U IREME F)kT-_H ZO NING , ORDINANCE NO, ':`340 N' wCqs adopted by 5 affirm&tive 'votes, 2 'bsentees. :Branching Way. Court_ Subdivision .152 app, rovirig, . in.al Mao of Branching Way Court Subdivision,: submitted, and filed (cont' d) June 25' 1962 B ranching Way Court Subdo con.t'd Report of Dir. 'of Public . Works dated June .6, 1.962, rec mending certain provisions for the subject subdivision agreement submtted.`and. filed; After, seeing tracing of the subdivision map, , the Council adopted the* ,. following resolution approving sane Res-. #30®2 N, C S; introduced. by Councilman Crxnella, seconded by Councilman Solomon, entitled, "RESOLUTION APPROVING FINAL MAP OF BRANCHING WAY 'COURT SUBDIVISION, .PETALUMA, CA LIFO RNIA;' >'. adopted by 5 affirmative, votes,. 2 absentees, INTRODUCTION OF ORDINANCES. Ord Am ending Ord. #468 NCS .by, Adding Certain Position Classiflcationg & Solar Ranges .: P hile_ the „Dir, of Public Works was securing a tra' ng"of the Way Cou "rt Subdo map, the'subject ordlnance'w introduceda) ' ' Ord; #648 N -6 t. S introduced by Councilm n' :Crinella', seconded by Councilman Ellis, entitled; . "'AlV ORDINANCE AMENDING ORDINANCE NO. 468' No Co AS AMENDED, BY ADDING A POSI CLASSIFICATI S ON AND ES T A B LISHI NG A SALARY RANGE THEREFORa read and ordered posted by 5 affirmative-votes, 2 absentees, REPORTS OF CITY - OFFICIALS. cant °d D irecto l.of Public Works 'Request that Council Committee be Formed for Purpose of Reviewing . Those.:Cases of _Buil din � Hazards not.Corrected' in Accordance w ith: Letter trom .Diro of 'Public - Works dated June 22,. 1962y requesting formation of'a committee on building hazards, read and filed'. Diro of Public Works Don. Scott explained that the Inspectors wished `to have a Council committee 'to advise there incase any particular "problems should ar-ise, It was the 'decision of` the Council, that .cases of hazar'&,, not being co°rected -in accordance with the requests of. the*City Inspectors; .should be referred to' the Councif Committee .m hi 'h, had been appointed 'n Octa ; 19,61, for -the purpose of working with the inspectors and property owners in , connec -: tion with condemned buildings. ADOPTION OF `'ORDINA NCES•a ##646 NCS , �,. Temporary Appropriastions m. : 1962 =63 Ord. .4646 No Co S, introduced .b _ Councilman Ellis seconded ' Y s � b Councilman Gustafson,, entitled, "AN ORDINANCE MAKING TEMPORARY APPROPRIATIONS FOR CURRENT 'DEPA.RTME. IT EXPENSES, CHARGEABLE TO THE APPROPRIATIONS OF THE FISCAL YEAR 1962 °63 TO COVER NECESSARY EXPENSES OF VARIOUS DEPART ®2® r 1 June 25, 1962 Res . #646 NCS coot'd MENTS, . UN THE. ANNUAL APPROPRIATION IS IN FORCE, " adopted 'by 5 affirmative votes, 2 absentees, #64'x. NCS ° Amendment to Ord. _ #468 NCS Ord, . #647 N Ca S introduced by Council m Ellis and seconded by Councilman Colin, entitled, "AN ORDINANCE AMENDING. ORDINANCE;. NO'. 468 N. Co S,, - AS .AMENDED, BY ADDING CERTAIN POSITION CLASSIFICATIONS AND SALARY RANGES AND ESTABLISHING SALARY RANGES F R O. PO SITIONS AS SET FORTH IN THE BODY OF THIS ORDI- FOR PO - it adopted by 5 affirmative votes, 2 absentees,. CONSIDERATI OF NEW OR UNFINISHED BUSINESS- At the request of Councilman Van Bebber, the 'City Attorney's reply to a was tor n be wri�tenb oMhe mp nu so� City Attorney's dated June 18, 1962, M y y letter read as `follows: "June 22, 1962 "Dear Mr. Cavanagh. 1 "Your letter of June 18, ' 1962 wa rea at .the Council Meeting of that-evening and ..referred to this Office for reply. ,. "As was generally stated.in the newspaper article appearing in the Argus-Cour, er, it is; my'opinion, that there was nothing .improper in Councilman Van Bebber's firm being employed by the Creamery. "Section 32 of the City Charter states in part: `City officers shall not be interested in any contract made by them in their official capacity, or by any body or board of which they are members, " The contract exec uted between the Creamery and the City did not involve Mr. Van Bebber other than in his capacity as Councilman The contract did not contemplate any relationship' between the City and Councilman Van Bebber, and the consideration for the agreement flowed between" the Creamery -and the City, "The fact that the Creamery utilized the services of Mr. Ian Bebber's firmis not in my opinion a� conflict of interest situation nor is it a violation of Section 32 of the City Charter as the monies received by Councilman Van Bebber came directly from the. Creamery who was responsi:Jble for the p ay m ent. "Th`& agreement in question settled certain disputed matters, : between the Creamery and the City of Petaluma, The dispute which was settled cleared up the status of the City-'s easement. across the "C:reamery property, relieved the City from certain sewer 'maintem trance obligation grid provided that the Creamery perform certain sewer improvement work "In consideration for the Cream.ery..'s settlement of the above matters, the City agreed to pay the sum of $5, 4W The City's interest in the work was only to the .extent that it was done and nothing in'the agreement or in the discussions leading up to the -3® (cont''d) 8 June 25 19`62 . Letter , to Mr. C 'ava.nagh �, cone'd agreement contemplated any type of City control over the persons Jo perform. the work. Performance was left to the discretion of the Creamery. "It should be 'noted that at all times when this matter was being considered by the City and the Creamery, 'C6uncilma-n Van Bebber abstained from voting in accordance with the provi0 sions of Section 2 of the Petaluma City Code which provides- in part as follows: 'Every member present when a question is put, including presentation of a resolution for adoption, should vote either . "yes" or. "no". . Whenever a" member has .a fina vial, director indirect personal interest of a none ontra.ctural nature in the queston has fairly disclosed the' extent and na ure of his interest in. , an open meeting, the 'member polled, in such 'instances' only, may reply and his vote shall be recorded as an ab'stensiono ° "It is therefore, my opinion,, in view of the above facts, that nothing :is improper in any part of this transaction..,'' Very .truly yours, (Signed) Edouard : E :Robert City' Attorney -'" .` . Library Bond. E lection The City Attorney told the Council of a letter he had, received today;.trom Orrick Dahl'quist, Herrington .& Sutcliffe indicating that they would have. the necessary legislation in ample time for the proposed election ,date on the ubject bond mea -sure. The letter also . went into fees, etc.., and Mt. Robert stated that he would forward copies of said letter to the Council `and the Library Boarde . ADJOURNMENT There being_ no further business, the meeting was adjourned'to a budget study session, 1VMy Attest: C ity 'Clerk 1