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HomeMy WebLinkAboutMinutes 08/03/19647:30 p. M. August 3, 1964 City , Ha . Petaluma, Calif. Regular meeting of the Cbuncil of th e City. of Petaluma called to order" by Mayor Van Bebber. ROLL CALL: Present:! Councilmen Battaglia; 'Brainerd, Cavanagh, Jr., Colin, Ellis, Gans, and Mayor Van -Bebber; A bsent: ' None.. INVOCATION. The invocation was given by Rev"6iend Wayne Jarboe, First Southern Baptist Church. APPROVAL OF MINUTES- ,Minutes from the meeting, ofjuly 20, 1964, were -'Approved as recorded. p PETITIONS AND COMM Letter from Chamber "Retail Merchants Committee, dated,Jqjy, 1964, re ,requesting perm-iss.lon to hold Sidewalk 'Sales, in Petaluma on, August 7-8, 1964, read and filed. Res. No. 4087 ;NX. S. introduced by Councilman Battaglia, seconded r, by Councilman Gans, entitled, t SIDEWALK SALES AUGUST 7TH' AND 8T14 1964. adopted by 7 affirmative votes. p Letter .-frb J. 'Badger, dated July 23, 1964,. re when, it,becom'es necessary .to ,re bridge An ,LW which spans the Petaluma River on East Washington, ,pla:,ce the dilapidated brid , h p_ n:, the Council consider placing solid fill at this point and to continue fill just below "C" Street, "O Street," Western Avenue, and to what - is" now the east sh6re of Petaluma River, read and 'filed. It was the wish, of the Council, , to"have'the Mayor answer this -communication explaining the various reasons why solid-fill a Would -hot be feasible and , since Mr. Badge:es Letter was printed , ,ihthe. Axgus, 'Councilman Gans suggested the answer be sent to the Angus. - Lett e 'M. J., MoCa dated July 27, 1964, .re objecting to the Lakeville Annexation.Ele-ation, submitted and filed. 7 Notice from. Sonoma County Co m. re hear-ing to be hel at . Room '101, . 2555 Mendocino Avenue, 'Santa ._Rosa, on August 6, "1964, at 3:00 P. m. . on, the following annexations South Pe No, (four lots south side go , "D '.'.,Street) North'Pemluma, No. 5, (12.28 acres 'easterly side o Petaluma Boulevard North,_", nort Of Nest PdYtAh Striiet , and Denman. No. 2.. (39,99'.acres on northerly side of Corona Road between Freeway an Petaluma Ri#r),_ submitted and fi led, Notice from . 'County of MarIn Local Agency Formation Commission, re he.ar-ing to be held in M'arift.County 'Civic Center at,;$ :45..a. m. 'on A ugust 13, 1964, on tion of Mar"n C.OuntY. Transit District, read and'filed. „ 1 .. o CFO f August 3, 1964 Notice from Public Util'it_ies Comin'iss`ioh r e: application of Greyhound Lines .) to San F rancisco , Bay. Area. comrn�:utation f ares, submitted and fil:edo REPORTS: "OF CITY OFF'ICIAL5: Cit_� Manage Claims 'approved for payment, by City Mana,ge:r were 'submittedhd fired. Battalion :Chief Ellwood addressed the Council regarding "Claim No. 4.609 `repairs to "Engine No, 101 •and :explaining that "Engine .Noo `2 needs similar repairs, . A,fter some discussion, `the :resolution approving claim. s was , then adopted as , follows; Aeso.. No, :40&8 'N'. Co So introduced by Councilman Gans; seconded by Councilman Battaglia, approve' g claims ;r and bills NJs.. 4585 to 4635 inclusive, and 'Nos.*. 2909 to 2 :934 lnol s ye was rea - d and adopted by 7 affirmative vote's. Councilman Colin made a m 'seconded by Councilman Gana, that, the City - Manager call for three bids on repairs for Engine NQ 2 .and that th s''matter be .lpft at the diaorelion of< City Manager, Letter from T6levi : siar} Comn unie�itions, tnoor ofated', dated �u`I.y 14 I.9 requesting the Oouneil to enact an ordinance granting °nano °exclus- fr- anchise 'to operate a CATV system .in, the City of Tetaluma, read and filed. Mr, . Dick Splight of Television Communications; - liic. addressed he'Council commenting; that their Company ,co;uld operate under a franchise ordinance or with an ,encroachme`nt permit and "that'there. were adva ntages and '.disadvanta.ges eith way, Councilman ,Gans made. a motion, seconded `by :Councilma.n Ellis, th assure. t a't t e�.'Co.u� at CA TV be nci`1 will proceed with he adoption Hof an oa:dinance Rohl. Call on �� this motion .carried by the .following vote: . Ayes:. Counc=ilmen Battaglia .B,rainer:d, Cawa.nagh, Jr.. , Ellis Gans, and M ayor Van :Bebb r t r Noes Councilman :Coln. Absent; None: The City Attorney was directed to prepare .the necess5±y'leglslation to allow CA TV' to operate ',Under -a franchise ordin a nceo .City Attoxn to ,abandont a r ort alle be onal Bank, g 1.964, requesting•the City dated A u ust 3 p y w eer Keller and Liberty Streets and .promising io ,grant' a new easement :for utilities upon property now owned by the .,Bank, read "a'nd filed. The 'City Attorney explain that 'S=ierra !NaJ ' al .Baizk had submitted,, this date* ,a fegal descr '.tion•of the abandonment and .rea;lignrnent of utiY'it'ies 'and that a resolution of intention would be prepared for the next, regular meeting. . Councilman Gans made -a - motion, seconded by Councilor- a°n. Cavanagh,. J ...-that tentative approval be g:iven'.to Sierra National.>3a,rik. `in order that they may proceed with`their development. Roll Call on this motion ..carried by 7 affirmative votes. . City P'lanning, Commission Resolution No. 31 - recommending the addition of an agricultural zone to ;Zoning Ordinance No'. 662N. C. 5,. , submitted and 'filed' . August 3, 1964 Establishment of Agricultural Districts (continued) Ord. No. 741.N. C..S. introduced by 'Cou-ntilmah Ellis, seconded by Councilman -Gans, entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 662 BY ADDING THERETO AG RICULTURAL - RESIDENTIAL , I ,A�ND,AIG.RICULTURAL -DISTRICTS AND PROVIDING AND ADOPT- 1N,QR ;EGULAIJONS CONTROLLING.SUCH DISTRICTS BY ADDING MiTHE SAID ZONING ORDINANCE 'SECTION 1-606 AND ARTICLE 3-A, SECTIONS 3 -A -100 THROUGH 3-A-400. ordered - published by 7 affirmativevotds. �Rezfte _­Seven Lots on Liberty Street : between, Oak and 'Prospect �RO§ol` t16h-N6. 21164 ` recommending an amendment to Zoning Ordinance No. 662'N. C. - S 306 by -reclassifying an R-2 P zone to an R - M-1500 zone, submitted and filed. ,Dire6tor of Planning Robert'Byrd commented that about three -months ago, the Cou nc'il. had,. referred this rezone back to the Planning Commission for further study. He added that after.lurther, study, . the Planning Commission unanimously 'approved this 'd type 'of zoning an no been received, whereupon Ord. No. 742 N. C. S. introduced by Councilman -Battaglia, seconded by Councilman Gans, entitled, "A ,N N ORIbINANCE.AMENDING ZONING ORDINANCE 'NO. 662 , N:X. S., BYREZONING:THAT CERTAIN PROPERTY HEREIN- A FTER: DESCRIBED FROM AN R -2 .'3000 ZONE OR - DISTRICT TO1.'A N R - M'-1 ZONE OR DISTRICT, ordered published by 7 affirmative votes. '.Atlantic Pacific Builders e 7 'No. 34-64 approving tentative map of Atlantic Pacific Builders, submitted' and filed, Director of Planning .Assessment District No.. 9 Director of - PId'Hiiinj 7 R - 6bert Byrd presented. petitions containing - signatures of propertyb in the Denman area requesting formation of an assessment district to provide water and sewer service and an extension of .'McDowell from Corona to the Old "Redwood Highway,. submitted and filed. Mr. Howatd Heggum addressed the Council re most property owners in the area were in favor of forming the district and felt that this would be a real boost to the City. Director of:Publ'ic, Works Donald Scott noted that the xesidents of the &hutrian area indicated- that they wished to be included Jn an assessment district for the . purpose of p iding gutters treets, sidewalks and s Councilman Ga n s '.made motion,, seconded i Colin, that assess- • ment p b6.-started.,' Roll Call on this rif6 b y affirmative votes. . resolution appointing Special Bond Counsel was then adopted: ­3- 82 August 3, 1964 Assessment District No. 9_ (continued) .Res. No. 4089 N.. C. S. introduced by Councilman Ellis, seconded by Councilman Battaglia, entitled "R'ESOLUTION APPOINTING: PERSON TO PREPARE SPECIAL- ASSESSMENT PROCEEDINGS AND AUTHORIZING EXECUTION OF AGREEMENT. " adopted by 7 affirmative, votes. In order to expedite -the matter, the CityManager recommended `hat the Engineer of Work for Assessment 'District.No. 6 and who is familiar with the area be retained. • Councilman Ellis ,made a motion, seconded by Councilman Gans,, that the , Council indicate =:that Mr. Whitlow of Whitlow, Hoffman, &. Albritton Will be the ,Er, IpTer, of Work., Roll .Call on this motion carried by 7 affirmative votes: Subdivision Design_- Adjacent to Major Streets Report- o fi Director of -Planning Robert 'Byrd, dated August 3, 1964 -re backup treatment of :s,ubdivisions along major streets, •submitted and filed. Mr,. ..Byrd, said it was necessary for h . to -know the opinion of the Council regarding backup-treatment because , a tentative map would come = before_ .the Planning Commission the next evening. The ;CbunciLtgenerally approved - .the backup treatment and recommended that the Planning Commission study the matter further. Goodnight Annexation Report re proposed Goodnight Annexation (northeast 1cornet Paula Lane and Magnolia Avenue), submitted and filed. A 5- minute recess was declared. The time was approximately 10:05 p. m. The meeting was called back to order. Mr. .Kenneth .Van Bebber addressed the Council requesting a refund to the five original property owners in A ssessment District No. 5 N. S. 'for six , or seven' sewer connections .made since the ..line was installed. He felt that a 'proportionnate share should be .refunded. Mt. Ralph Rorden, representative: of the Church. of Christ, addressed the , Council stating , it was their feeling that those hooking into the sewer ;line at a 'latter date -should'pay .apportionnate cost. The.City Attorney briefly summarized the _Council Minutes of.,February 20, March 5, April 2, and April 1:6, 1962. A�s litigation is involved., 'it was agreed by the Council to discuss the problem with the , City Attorney at an executive session. D irector of Public, Works �. Boat.R°amp Letter,from.George E. Van Rebber, dated August 3, 1964 requesting cer,.tain -. /0 additions to th e lease, read and filed,. 1 t .t Councilma'n Gans made; a motion; seconded by Councilman Colin;': that the City Attorney, be directed. to.draw. up a lease to provide for maintenance :of the. boat ramp and yard area. Roll Callon this. motion carried by -7 - affirmative votes. MS. August 3, 1964 ' La,-Cresta ;Ta-nk - Exterior. Recoat: PAinting Project 63-2 Repbrfb ,Dikipttok,.of Water :Department, dated July 22, 1964, certifying to the 'Completion of :the above -na-med with the plans • aiid.sP,6c:'if'ic"atio. ihe.�City of Petaluma, submitted - and filed. Res. No. 4090 N. C. S introduced by Councilman Brainerd, seconded by Councilman Ellis, entitled, "RESOLUTION ACCEPTING COMPLETION OF CONTRACT KNOWN AS 'LA CRESTA TANK, 8XTER16R':RECOAT'PAINTING, PROJECT - adopted by 7 affirmative votes. - NF. BUSINESS' OF NEW 09 UNFI INISH 9USINESS E"' Lakeyi1Ie,A.nnexa,t1on Electidn', t . befog:.the' �pyRssing e .tim get for d ; election returns from, , subject election, May-0. - Van Bebbe'r appqln';�"pd''the,..fl�119wmg.:,c6u i Election B6atd.to canvass theTeturns,- .,..-,,` Councilmen , Battaglia and, - Cava nA:'h j g It was; announced thdt the total number of votes in the election':44 .42 for annexation and 16,a inst. I 1 94 The -following pages contain the resolution declaring results of the -said. election: "RESOLUTION NO, 4011 N* C RESOLUTION DECLARING CANVASS OF RETURNS AND RESULT OF SPECIAL ELECTION CALLED FOR THE PURPOSE-, OF, SUBMITTING :THE QUESTION'OV *A NNEXATION TO THE : RESIOINOIN THE TERRITORY KNOWN THE: AXEVILLE ANNEXATION 1963 , ".'..' ,INTRODUCED.BY COUNCILMAN HERBERT G. G NS A and SECONDED `M t�BY:00 L AN -.-"' L - GL J UNC BAT at a Regular .Meeting of - t ; h'e`­Cfty ' t e H f . 'h City of ?iet on the 3rd' day of August, - 1964. �.." ­.WHEREAS,. the.Gity Council by Resolution No, 4019 N, C, 5 adopted May 18fh,' called a special' election to .the question ofannexddon `to the electors residing in the territory known as'the 'Lakeville Annexation 19 ", "the bound- arses, b'f. whichf-'Sd1d,_tdrritory -are forth i >n -said; resolution,; and WH EREAS, notice; oUsaid %speciat election. aggIven'. i w n the. mannerand d e iod' b' Government = o , for `:,.he ij requited Y 5 2 A-ugust 3, 1964 WHEREAS, said special election wa,s held in said territory on Tuesday, the 21 st day of .July;_ 1964, as provided in said 'Re-so'lutionNo. 40.19,N. C S�,,, and .the votes thereat: Were 'duly counted by -the election officers , at said election and, offi- cers made-up, certified and sealed the ballots and tally sheets of the ballots cast, and delivered them with the returns to the Clerk of the •City of Petaluma, all in "accordance with law and the provisions of said Government Code; and WHEREAS, the City Council - canvassed said returns at'this -meeting Of the City - Council, which .is the -next regular meeting held at .least three 4ayR after said k)Q1 election, and said canvass :has been co m-pleted at this meeting and the Council ffow declares the results of said canvass; NO W, THEREFORE,. BE.:IT RESOLVED BY THE COUNCIL OF THE CITY OF PETALUMA, AS FOLLOWS-. I . 1. That the C ity Clerk of the City of Petaluma, be, and she is hereby instructed. to enter this Resolution'on the minutes of this Council as - a statement of the result of this special election. 2, That the total number of votes cazf in said return at said' elec 1 n was - 59. 3. That 1 ballot was spoiled and not counted. 4, That at said special election, the fb1loWi . ng question was submitted to: -the- electors residing in the territory k-nown as the 'Lakeville - A nhexaiion 1963", - and � the number of votes given in said territory for and against said measure, was. as -follows: Total. Total Vote Vote 'Yes' 'No' :Shall 'Lakeville ,Annexation, 1963' be annexed to the - City of Petaluma and the property .in such territory be' after such annexation, subject to taxation equally W with the property within the City of,Peta- lum4 the to pay h , "entire bonded indebted ness th'eXity of Petaluma outstanding, : -' , o r 4;dth oriZed at t the date of the first P of the notice* of elec-Qop,. for tile construction . or . com. A Pletion of m*unicipAl -improvements? -. 42. I ills S A ugust 3, 1964 i 5 a That- the Council hereby finds, fliat a majority of the -votes cast: at said special election was in favor of ariizexdtion of sd`id territory to the'City of eta'- `Yuma. :I hereby certify that the •foregoing -resolution was duly and regularly introduced and adapted by 'the Council of the City of Petaluma, on the 3rd day of August , 1964, . by the following vote, AYES: COUNCILMEN BATTAGLIA, BRAINERD, CAVANAGH, . JR. , 'COLIN, ELLIS', GA NS, AND MAYOR VAN BEBBER , NOES: ._. NONE, A - T NONE. NORMAN P. VAN BEBBER , Mayor Attest, LILLIA N• `NOMMSE'N . City .Clerk" Lakeville Annexation Election - (continued) Ord. No, 743 N.C. S. introduced by Councilman Brainerd, seconded by Councilman Battaglia, entitled, "AN ORDINANCE OF THE CITY OF PETALUMA, APPROVING THE ANNEXATION TO THE CITY OF PETALUMA OF'CERTA•IN _ INHABITED TERRITORY' DESIGNATED AS. 'LAKEVILLE ANNEXATION-49163. ordered published by 7 affirmative. votes. Application of Petaluma Council for R etarded Childr for Circus Permit Application of Petaluma Council .for Retarded .Children for petmit to'-conduct a circus in City on September;23, 1.964; submitted-arid failed,; ' Res. No. `4092 N. C. S.. introduced by Councilman Ellis, seconded by ,Councilman Brainerd, entitled, "'RESOLUTION GRANTING THE PETALUMA COUNCIL FOR RETARDED CHILDREN AUTHORITY TO CONDUCT A CIRCUS IN THE CITY OF PETALUMA ON SEPTEMBER 23, 1964. " adopted by 7 affirmative votes. Resolution opposing outflow of. San_ Luis Interceptgr:, Er4i- into the t , S an Francisco Bay . :.....:.: _ 'Res. No: 4093 introduced by Councilman Colin, seconded by Councilman Cavanagh, Jr.', entitled, "RESOLUTION EXPRESSING` A POSITION WITH RESPECT TO SAN•JOAQUIN VALLEY DRAINAGE.` adopted by -7 affirmative votes. V.6 J A ugast 3,, 1964 ...7 Appointing John 'W. Csvana$ °r to L ibrary ;Board Res. - No,. .4094 C,i S. introduced by Councilman Brainerd, seconded by Ellis, entitled, "R.E.50LUT-ION: APPOINTING:JOHN CAVANAGH, J,R..,T.O: THE-, CITY BOARD OF LIBRARY' TRUSTEES,. , adopted by 7 affirmative -votes. R Albert L.. Battaglia, Jr., to Water* Con-i'mission' Re M 0 - S. s.. '. 4,095 N * C,. introduced by :Councilman Gans, seconded Councilman Brainerd,, entitled, "RESOLLYTION,A?POINTING, ALBERT L. B A T TAGLIA, JR. ' TO THEPETALUMA WATER. :COMMISSION.," adopted ,by affirmative wtes. ,Resol " C Gans to Planna 1 LSLomftils'siOr L, Res., No. .4096 -N. C. S. 2 introd0ce.d.by Councilman Battaglia,, seconded by Co'uncJ. entitled, ' ION ARPOIKING COUNCILMAKH.ERBERT C, GA TO THE CITY, PLANNING COMMISSION. adopted .by Re Appointing, David W; - Brainerd to Recreation Commission,- Res. No. 4097 N. C. S. introduced -- Councilman Ell is, " by Councilnian• Battaglia, entitled, " RESOLUTION` APPOINTING DAVID W.', BRAINERD TO THE �CITY RECREATION, PARK7S A•ND MUSIC COMMISSION., adcipted.by affirmative votes. 'ReslojUOon Appqiqt.ing Tama F rancis and'Ezra...3-Wallow to the 'Bui .Board , ,6f lding R eview Res.', 'No., .409,8'N. C. S. intkoduc d by Councilman Cblin','geconded by CoUncilMan CaVanagh, Jr., entitled, "RESOLUTION - APPOINTING MEMBERS `TO THE .,BOA RD OF REVIEW AS 'Si4t - ­ V ESTABLISHED BYORDINANCE iNO, 65,1 N C. S. adopted , votes. ApjouRNMENT: 7 Therie,being no f urther "business to'come before the . the formal meeting was adjoOrned memory of the late ClairEng-je. Thei-Council remained - in the Chambib meet with the City Attorney In an executive ses Mayor Ave v, C ity ity C,,,I*k'..