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HomeMy WebLinkAboutMinutes 10/28/1963141 October 28, 1963 7:30 p. City - Petaluma, Calif. -Council of the City of Special meeting of the :P etaluma called to order by P Mayor Van Rebber. ROLL CALL: Present: Councilmen Battaglia, Brainerd, Cavanagh, Jr., Colin, Ellis, Gans, and Mayor Van Bebber. .,Absent: None. - REA,I)INOW, 'THE CALL: Notice of the Special Meeting called for October 28, 1963, the certificate of the Cit)"Clerk of the delivery of said notice, and the consent of the members of the City to the -holding of said meeting, submitted. and filed. . CONSIDER ATION OF BIDS Paula Lane Reservoir Report of Bid .Opening on October 16, 1963 Jkepqrt on bid opening on subject project dated October - 23, 1963, signed by the -Director of''Water Department - and recommending that the contract be awarded to the low bidder -onAIt&rna't64I,, Pittsburg Des.. Moines Steel Company, Whereupon No. 3297 N'C. S. Res. introduced by 'Councilman Colin, seconded by Councilman Gans, entitled, "RESOLUTION AWARDING CONTRACT IN ACCORDANCE WITH THEPLANS AND SPECIFICATIONS ENTITLED PA LANE RESERVOIR,, PROJECT 62-:1. ;adopted. by 7 affirmative votes., Q_QuhciIm,en.Cavanagh, Jr. and Colin complimented the Director of the Water Department for the very small difference between the Engineer's estimate andthe contract price. PUBLIC' HEARINGS: Abandonm6nt easement - Alley off Trosppct Street This being the time set for hearing of protests. to the abandonment of the subject alley, the City Clerk announced .that no written protests ;had been received: Mayo Van', Bebber noted that the only protests that could be .1 egally received were -those submitted in Writing. The following people addressed the Council requesting explanation as to why 'the. City ,planned to abandon the alley: Gus and Mary Kotasaris, 304 Kentucky Street -W.'. Cook,. 315. Kentucky Street . Isabel .'Minor Two members of the'Christian Church, speaking on behalf of their. property 1'ocateda,t Kentucky The City Attorney sta the �p,urpose of the easement was to provide �a public right 'of Way and inasmuch as the easement, has never been -used as a public right of the City Js therefore letting the property revert back to the adjoining property oWneks.., After further discussion, the.,hearing Was then closed and.the following resolution adopted. -1- tm�l vvnr-IN NZI:4 I uk_.,r\ 1 0 l 1 r11 K 1_ I ril-uivin NORTH. adopted by 7 affirmative votes, ..Assessment District No. 6 N. S. This being the time set for hearing of protests to the ad4itions-�of N�' . District, the City Clerk announced that w prd� done .in- said A ssessment Distr it no,�vli , s .of th b ee n received. 'There. -being noprotests:or comments from e had ' ber audience, Res.. No. 3299 N. C. S. entitl seconded by Councilma:n.0 ol introduced by Councilman Cavanagh., • Jr., "R ESOLUTION'AM ENDING THE WORK TO BE DONE IN ASSELI DISTRICT NO. 6 N. S..CITY OF PETALUMA, COUNTY OF SO - STATE OF CALIFORNIA. 3-6 adopted by 7 affirmative votes. A NNEXA TIONS. .-- .1963 . Sarkesian Annexation ject R'e'solution of the County oundary:Commission approving:sub ex ton . io the , City of Petaluma, submitted and filed; whereupon Res. No. .3300 N. C. S. introduced by - Councilman Gans, seconded .by 'Councilman -Battaglia, - entitled , "RESOLUTION GIVING: NOTICE, OF PROPOSED A'NNEXATION, TO CITY OF PETALUMA OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED '19,63 SARKELSIAN ANNEXATION` ANDG IVING NOTICE OF TIME.AXI) PLACE FOR HEARING OF PROTESTS THERETO. adopted'by' Live votes. Nort heast Petaluma : Annexation No. 3 Re's&N" n of the County Boundary'Commiss ion approving subject to the City ofTetaluma, submitted and.filed,- whereupon Res. No. 3301 -N., C. S. introduced by Councilman Gans, seconded by Councilman Battaglia, entitled, "'RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION'. TO CITY OF PETALUMA OF .UNINHABITED. TERRITORY DESCRIBED HEREIN ,AND DESIGNATED ' PETA.: LUMA ANNEXATION NO. .,3'A,ND GIVING NOTICE OF TUME, AND PLACE. FOR HEARING OF PROTESTS' - THERETO. adopted by -7 affirmative votes. --2- ,, REPORTS. "OF' 'CITY OFFICIALS: City Manager October 28, 1963. Claims approved .for payment by the City Manager were submitted and filed; 1 Res.. No. 3302 .N. C. S. introduced by Councilman Cavanagh, Jr., seconded by , Councilman - Brainerd, approving .claims and bills .Nos. 3108 to 3217 inclusive, and Nos. 2027 to 2119 inclusive, was read and adopted by 7 affirmative votes. City Planning Commission Res. 189 denying the .tentative map of Novak Subdivision No ':5, submitted and filed. Res. 188 denying the tentative map of Novak Subdivision-No. 4, submitted and filed., : Rezone - Northeast'Petaluma Annexation No. 2 Res. Z11- 63 recommending the adoption .of proposed amendment to Zoning Ordinance. No. 662 N. C. S. reclassifying A. P. Nos. 136 -08 -5 and 13- 09-13 from an R- 1 - : l0, 000 zone to an R =1 -6000 zone, submitted and :filed'. To a question by Councilman. Colin, Planning Director Robert Byrd said the -rezoning would follow the: General Plan precisely, whereupon Ord.. No. 701 N. C. S,' introduced by Councilman Cavanagh, . Jr. , seconded by Councilman Battaglia, entitled, "AN ORDINANCE AMENDING. THE ZONING ORDINANCE NO. -' 662:N. C'..S. BY; REZONING.. ASSESSOR'S PARCELS 'NOS. 136 -08 -5 AND 13 -09 =13 :FROM >'AN,R -1 -10, 000 ZONE OR DISTRICT TO AN R -1 =6000 ZONE..OR,DISTRICT.." ordered published by.7 affirmative. votes. Report, on estimated population of the City of. Petaluma Letter from Walter:P. Hollmann,, State Department"of Finance, dated October 14, 1963, certifying the estimated .population of the City of Petaluma was 16,275 as of September 1, 1963, submitted and .filed. INTRODUCTION OF ORDINANCES: Amendment to -Water ordinance to allow de artment to forgive closing.bills, of less than $1.00 and to discontinue repayment of deposit balances of less than 1.00 unless..re ue sted by customer nswering,a question by'Councilman Cavanagh, Jr. Councilman Colin explained this ordinance would definitely save clerical work on the , part, of the. Staff, whereupon Ord. No. 702 N. C. S. introduced by Councilman Colin, seconded by , Councilman Brainerd, entitled, "AN ORDINANCE AMENDING CHAPTER 27 PETALUMA CITY CODE SECTION, 27.44 ADDING THERETO SECTION 27.44.2 TO PROVIDE. CLOSING BILLS IN AN AMOUNT OF LESS THAN $1, 00 MAYBE FORGIVEN AND BY'ADDING THERETO.SECTION 27.44.3 TO PROVIDE CASH DEPOSIT BALANCES LESS THAN $1.00 .MAY BE RETAINED. " ordered posted by 7 affirmative votes. -3- Ordinance to provide for sale of abandoned bic October - 28' 19 les at end of thr&e months .-I.-7..... • Ord. - No. 703 N C. S introduc7ed by Councilman Colin, seconded by 'Councilman Ellis, entitled, "AN ORDINANCE AMENDING CHAPTER 60F THE PETALUMA CITY CODE OF 1958 - BY AMENDING ARTICLE 1., SECTION 6. 6 THEREOF TO' PROVIDE FOR SALE OF ABANDONED BICYCLES AT THE END OF THREE MONTHS. ordered posted by -7 affirmative votes, 9 and to au "AN ORDINANCE AMENDING CHAPTER 15 OF THE PETALUMA CITY CODE OF 1958 BY AMENDING ARTICLE TV, DIVISION 1, SECTION 1.5. 49 THEREOF TO :PROHIBIT PARKING* UPON SIDE- WALKS OR PEDESTRIAN WALKWAYS; AMENDING SECTION 15.54 TO PROVIDE FOR ANGLE PARKING -AND AMENDING SECTION 15a 60 TO AUTHORIZE IMPOUNDING VEHICLES - ,PARKED ON SIDEWALKS OR PEDESTRIAN WALKWAYS. " ordered posted by -7 affirmative votes, Civil Defense Ordinance It was..the decision of the-Council to set the amount of money at Section Co 2. and Section D.. 2., whereupon Ord, No. 705 N. C.. S. introduced by Councilman -Ellis, seconded. by Jr. epOdOlt' "AN ORDINANCE OF THE CITY OF PETALUMA PROVIDING FOR A CIVIL DEFENSE AND DISASTER ORGANIZATION, - THE OFFICE OF DIRECTOR OF CIVIL DEFENSE AND DISASTER, ISASTER, . DEFINING HIS 'POWERS AND DUTIES, PROVIDING PENALTIES'FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE,.AND REPEALING ORDINANCES IN CONFLICT THEREWITH. ordered Posted by 7 affirmative votes, ADOPTION OF ORDINANCES.- Fire Prevention .Code Ord.-.No. 700.N.C.S. introduced by Councilman Battaglia, seconded 'by 'Councilman. Brainerd, "AN ORDINANCE AMENDING THE FIRE PREVENTION CODE ARTICLE 1.3 THEREOF BY AMENDING SECTION 13.02-70 PROVIDE -THAT DUPLEXES AND OTHER MULTI­OCCUPIED PREMISES SHALL BE REQUIRED TO INSTALL FIRE DETECTING DEVICES AND TO DELETE SUBSECTION B OF SECTION 13.0,6. adopted by ;7• affirmative votes, . Ord— No,, 704 No C, S. introduced by, Battaglia, seconded by Councilman Brainerd, - October 28, 1963' CONSIDERATION. OF NEW OR UNFINISHED BUSINESS: Proposed North -Bay Water District Councilman Colin informed the Council that the Water Commission had reviewed :the proposed water district quite :thoroughly, and the Commission felt it extremely _ :important to protect the present Petaluma waxer service boundaries and also the City should consider further extensions. of.. its water facilities southward to the bay within the Petalumar'iver valley a.rea,. Director of the Water Department DaveYoung explained that this proposed w!,ater district would overlap about four miles into the Petaluma water service area and would be about two and one half miles from the _existing City - limits. He further explained that the boundaries of the Petaluma water- service area are defined by the - contract ;agree- merit between the City.-and .the County for the purchase of water by -the City from the' County's aqueduct, and that first..right of water service within the boundaries of the -Petaluma water service area are granted to -the City by -the agreement contract. Councilman. Gans made a motion, seconded by Councilman Colin, that the City of Petaluma oppose the formation of the proposed North Bay Water District encroach- ment our water service areas and .that the City of:Petaluma present to the Board of Supervisors our belief that the City is perfectly capable of serving all the water needs of the °district south of us and .that the Mayor, members of the Council, members of the Water Commission and such other authorities as the Mayor desires to take with himt ,, defend the position of the City at the hearing before the Board of Supervisors., ,Motien carried and so ordered, Sunnyslope - Annexation 1963' This -being the time set for canvassing election returns from the said.election, the Mayor appointed the following Council Election Board to canvass the returns: Councilmen Cavanagh, Jr. and: Gans. 9 A '5- minute recess was declared, The time was approximately 9:30 p. m. The meeting was..called 'back :to order, It was announced .that the total number of votes cast in the election was 125, 581or annexation and .67 against, The _following pages contain the , resolut.ion declaring results of the said election. RESOLUTION NO. 3303 N. C. S. RESOLUTION DECLARING CANVASS OF RETURNS AND RESULT OF SPECIAL ELECTION CALLED FOR THE 1,;i, , TU!RPOSE OF SUBMITTING THE QUESTION OF ANNEX- F`ATION TO THE ELECTORS RESIDING IN THE TERRITORY ;,,KNOWN AS THE, "SUNNY SLOPE ANNEXATION 1963. " INTRODUCED BY COUNCILMAN KENNETH J, .COL,IN and SECONDED BY COUNCILMAN HERBERT C, .GANS at a Special -Meeting of the City Council of the City ofTetaluma on the 28th day of. October 1963. WHEREAS, the City Council by :Resolution -No. 3250 N C. S. , adopted - August : - 5,, 1963, called a special election to submit the question of annexation to the electors res "ding in the territory known as. the "Sunny. Slope Annexation 1963, " the ;.boundaries of which said :territory are set forth in said resolution; and -5- 146 October 28, 063. WHEREAS, notice of ,said: special, election Was given in' the.rnanne :. . for the period, required by- the.,Gove.r.nment; Code;. and WHEREAS, said special election was held in .said ,territory on�:Tue`sday, the 15th day of October, 1963,- as proved in sad.R'esolution .No. 3250 N. C. S., .;and the " votes "thereat were "duly counted by the election officers at said election and ,aald officer made up, certified and 'sealed the .ball I ots and tally "sheets -of the ; ballots cast, - and deiive them with the returns to the Clerk of the City of "Petaluma, all in accordance wtith the ' ,law .and ithe.provisions' of said - Government Code:; and WHEREAS . the City Counc %l canvassed said :returns at this1 meettng.Ibf. the, Cit g y ;: tl le Council. which is .the next .re regular meeting held at least three �da., s after aid ecotl; Y . .. , and said .ca.nvass has %been completed at this ?neetiIn g a nd the "Council now declare. the results of said canvass; NOW, THEREFORE, BE T T` RESOLVED. BY THE COUNCIL :OF 'THE CITY OF PETALUMA, .AS FOLLOWS: 1 That the City Clerk of the -City of Petal.unda, ,be, and she is "hereby"" instructed to enter, this Resolution on the "minutes of this Council as a statement Of the result of th is. especial election, 2. That the .total number of votes cast in said return at said specia election was 1250 3. . That,0 ballots were spoiled and not counted. -4. That at said speciah election the following question was submitted to the electors residing in the territory .known a.s the . "Sunny -Slope Annexation. 1963 and ;the -number of votes given in said .territory "for and "agaiiis.t said measure, was as follows: TOTAL TOTAL VOTE VOTE ,AYES "" "NO" Shall thejerritory adjacent to "the City of'Petaluma and known and designated by "the: City Council as the .!'Sunny Slope Annexation 1963 " and "here "inafter particularly described, be annexed to = the City of Petaluma, and shall said .property in- said .territory to be annexed 1.47' October '28, 1963 :., .:. TOTAL TO TA L VOTE VOTE "YES" 11NO" be subjected .to itaxation by ,the City of Petaluma after annexation, equally with the property within the City of :Petaluma, to pay the remaining portion of the bonded - indebtedness of the City of Petaluma outstanding on the .16th day of - A ugust, 4 1963, at the :date of the -fi rst publication of the notice of election, for the acquisition construction or completion of municipal improvements. 58 67 5. That the Council hereby finds that a majority of the votes cast at said special election was against annexation of said .territory to the City of Petaluma. :I hereby certify that the ,foregoing resolution was duly and regularly introduced and adopted by the Council of the City of 'Petaluma, on the 228th„ day of October, 1963,' by the .following vote, AYES: COUNCILMEN BATTAGLIA, BRAINERD, CAVANAGH, ,JR,, COLIN, ELLIS, GA NS, . A ND MAYOR VA N BEBBER , . - NOES: :NONE. ABSENT:: NONE. NORMAN P., VAN BEBBER Mayor Attest: GLADYS'R. WALLIN City .Clerk Sunnyslope.,Sewer ,Problem Copy...of letter . from.Albert.,P.. - Behrens, Jr.., dated:October•14, 1.90.3,..addre6sed to A r. w... Pa -gent, _ orernan, Gra4id Jury, ire. serious. - health problems .caused ,b y -the inadequate disposal of sewage 'in the -Sunnyslope area, read and .filed, :Copy of letter from Albert P. Behrens, Jr., dated'October 17, 1963; addressed to, L.. Zinnamon, M,. D. , County Health Officer, re advising Health Officer of complaint filed with the Grand Jury, read and filed, It .was -the decision of the Council to authorize .the .Mayor to address a letter to the , Board of :Sup.ervisors and other County agencies involved .to set up a meeting to try to correct this situation. A'DJ.OURNMENT: ur There -being no further business to come before the Council, the meeting was ad jo . ned. , Mayor A ttest : � 40 it ; ty Clerk -7-