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HomeMy WebLinkAboutMinutes 08/17/1964August 17, 1964 - 7.t-30 p. m. City Hall - Petaluma, Calif. Regular meeting of the Council of the City of Peta'luma called to order by Mayor Van.,'Bebber. ROLL, CA LL: I Present: Councilmen Battaglia, - Colin, Ellis, Gans, and Mayor Van Bebber, Abgent Councilmen Brainerd and Cavanagh, :Jr.. INVOCATION: Theinvocation was given by Reverend Don . -,W . inde rs, Seventh Day Adventist i Church. APPROVAL OF MINUTES: 0 Councilman Gans requested that page .4 of the',.minutes of A ugust 3, 196 4, L J I Di corrected to 'read, ','United Church of Christ.;" 'WitK this correction, minutes f rom, the meeting of A ugust 3, 1964, were approved as recorded. PETITIONS AND COMMUNICATIONS: I Letter from, California Committee to Eliminate Railroad Feathe­tbedd . ing, dated August 10, 1964, re Proposition No. 17, submitted. and filed. Notice .: ff6 Public Utilities Commission .'re public hearing ' o ' n ' - , M o n ay, September' 11 C - 90�, at 10:00 a. m, in Commission o I urtroom, State Building San Francisco, re Greyhound Lines application for statewide increase , in certain intrair state express charges,, submitted and filed, Notice , 'from 'Public Utilities Commission to an end` application 'of Criyhound Lines for -`6tAteWi 'e in certain intrastate e xpres.s charges, submitted ', a nd _ 'Notice from Public Utilities Commission r&instituting investigation for the purpose of list for the year - 1965 of railroad grade crossings Zf cit J — 9 streets or count'' roads most urgently in need, of separation, or existing separations y - " , I in need of,alt or reconstruction as contemplated' by Section 189 of the Streets and'Htghways submitted and filed; * It was the decision of the Council to refer this matter to the Staff .for their re com mendation. e Meffi atidn Sout -Petaluma A nnexation No. 1 Ndtic'6 'from Local Agency Formation Commission approving subject annex-' a gtion;_ submitted a-nj filed. Res. No. 4099 Ni C. S. introduced - by Councilman - Gans, seconded by Councilman - Battaglia, �o ;; POSED RESOLUTION GIVING NOTICE OF PRO ,,.ANNEXATION -.TO C.IT OF UNINHABITED tERRITORY I DESCRIBED HEREIN AND DESIGNATED SOUTH'PETALUMA ' A ' N1 NO. 1,, AND GIVING NOTICE OF TIME AND P, - � E tAt E R - 1�6' HEARING OF PROTESTS THERETO. adopted b':"-' 5. afifima�'tive votes 2 absentee. August 17, 1964 Denman Annexation No. 2 Notice from Local Agency Formation Commission approving sLfbjp.c-A annex- ation, subffiitted and filed, Res. No, 4100 N, C, So introduced by Councilman Gans, seconded by Councilman Battaglia, entii1od,` "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF PETALUMA OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'DENMAN ANNEXATION NO. 2' AND GIVING NOTICE OF TIME AND PLA FOR HEARING OF PROTESTS THERETO.' adopted by 5 , affirmative votes, 2 absentee, Resolution- of the City of Dairyland encouraging more efficient use of" school sit i�ea d., and filed., Resolution of the City of Napa r encouaging.:thel pro- vi's I io . n . of ad6qu'ate school sites and joint recreation use, read. and fi led.. Letter from Pac-ific Se'rvice-Employees' Association, dated A ugust 1I_,,.,19 re commending Park Department for neat and clean condition of facilities at McNea'r Park, read and filed. The Mayor noted it was a pleasure to receive such a nice letter and it' Was the wish of the Council that copies be given to the Press, Swimming Pool Petitions, containing approximately 1,959 signatures,. reqpesting,t4at;-the remai I fOnd ria'§ultihgjrom the sale. of the A uditorium, Bonds .-ofJ945,b ., e, - appro- , priAfed''f6r'the ' coh of a municipal. swimming pool. together with the jieqessary buildings a-n . appurtenances to be made available for use, by the general public, -submitted and, filed. The,,Qity Attorney announced that the sil gnatures in the.prpces.'s,of being* venfie'd.. - %:East Park Subdivision Letter from George . S.. Nolte, Consulting Civil Engineers, dated. August; 13, . '''. pro - t 0 _ - pro .1 964; re 6s'aff6r improvements'along Washington. Street the i)tobosed su8&,V1is1on Eqlls'4 f Park,' -read, and filed, a Pia �`nning Robert ,Byrd stated that the Planning Commission approved t1ifs" subdivision with backup treatment along Wa§hington,Street, Mr. John 9 Dugan, representing Nolte, addressed the Council -requesting the -, `_ ` , , - z 'p- - - . . . Couhcil t m d *this 'evening, On the, rec.ommendation of Robert Byrd, Councilman Gans made . a motion, seconded by Councilman Ellis, to accept the -recommendation of the Plannin C ng- - QM - .mis'sion and require the Developer ,to install, curbs, gutters,, sidewalks, fencing and a n d �'as specifie an d sc p ng,a specifle by t h e Planning Department. and to t.he.-De artmenv's design standards and the City would be responsible for paving f rom the edge of the existing street to the curb and maintenance ofthelandscaped strips. Roll 'Call on this motion carried. by 5 affirmative votes., 2,absentee., REPORTS CITY OFFICIALS: City Manager Claims approved for payment by the City Manager were , submitted. and fi led; m2- Claims ( 'continued) August 17, 1964 Res, -No. 4.101 N.C. S. .intrddL,I by Councilman Gans, seconded by Councilman Battaglia approving claims and bills Nos. .4636 to 4701 inclusive, and No's.. .2935 to, 2967 linclusive, was read and adopted by.5 affirmative votes, 2 absentee. City Planning: Commission, Rezone - John -Gutermute Estate. .approximately - 25.. 94 acres Resolution No. Z13-64 recommending an amendment to Zoning Ordinance No. , 662 N. Q. 8 by an R-1•10, 000 zone to an R-1-6000'zone, (southeast corner East Washington Street and El' -Road and excluding - acre church site on Ely corner), submitted and filed; W hite the -Planning Director ,Robert Byrd - 'pointed - out the location on the map, gone Qjqu . r,1ci1 , rnap,�El.1i1s, left the approximately 25 m... was for about threeminutes W .)(Id Or o. 7 - S. - introduced.by Councilman Battaglia, seconded*by Councilman Gans, entitled, "AN ORDINANCE'AMENbING ZONING ORDINANCE NO, 662 N. C,.,S. BY REZONING THAT CERTAIN PROPERTY HEREIN-, -, AFTER DESCRIBED FROM AWR _1'1­10, 000- ZONE OR DISTRICT TO AN R-1-600G,ZONE OR DISTRICT.,." ordered; pUblished by -5 affirmative -votes; 2 absentee. Greenbriar Subdivision Res, No, .35-64 approving, tentative map of -subject subdivision,- submitted and f iled. East Park Subdivision ; N067` 3 64 - approving tentative '.map pf.srubject subdivision, submitted and filed, Director of. Planning . I. Assessment District No. 9 Director of Planning. Robert By-rd informed the Council , that the -formal' petitions K,3 will be� circulated in the Denman and , Schuffian . , area, Mr. Marino Crinella addressed the requesting that two property owners on Lindberg, Lane be included in Assessment District No. 9. The City explained. it would be necessary to prepare new boundary maps, and :desc-riptions and that the proceedings would be delayed by least a month or more- It was the feeling of the Staff that an' ins petition would be returned from., the Schuman-La urel � Cherry Street, area due to'lack of imprbvement cost figures •for this division of the proposed district. -Since the - Schuman- , Laurel -Cherry Street area of' the district is large enough to form a district on its own merits, an insufficient p ettion\,do' &­'b at a later date, at which time the Lindberg -Lane area could be included in a new district. However 'it was further clarified that if a sufficient petition , is, ,returned, .irom,, the. - Sch'Umgii:--'L'aUrel , - 4 -Che'r - i.v Street area, that it will be included With the Denman divIision of the proposed A ssessment District No. 9 N. S. Due e I to the �,time'ele'ment involved, it would be difficult to include Lindberg Lane area in this district. The. Council generally agreed to proceed `with Assessment District No. 9. N. S. without alteration. 2;90 4 August 17,.,1964 Director of Public Works .Animal Shelter, 1964 PIa_ns_4Td — specifications for the aubject project were submitted :and,filed . The Mayor s.ucmxested four changes be made in the plumbing section'.. At the suggestion of the -Mayor, it wish of the Council to have; the Board of'Buildi i Review check plans and sp ecifications. s e'ifi 'Buildin 9p c. c With the permission of the .introducing and seconding Councilmen, the .resoldti was - withdrawn until the next regular meeti,ng' Montp:Vista SubdiVision.'No. 2 Report of Direc'tof of Public W6rks dated- A ugust ugust 14, 1964, certifying to, the, completion .of pbblic in the subject subdivision i. I in 6ccardancewith the ubdivision agreement da ted March 9, 19 64, "submitted and filed.* 'Mr, Marino Crinella addressed the Council wishing . to express appreciation for, i;the co r operation 'received f rom the Staff, ,also the Police - and. Fire Departments. Res. Np 4102 'N. C. S. introduced by Councilman. secbnded`b ' C Y. ouncilman, Gan entitled, "RESOLUTION ACCEPTING COMPLETION OP' WORK 'REQUIRED IN* MONTE :VISTA SUBDIVISION NO. .'2 Iadopted by 5affirmative votes, 2 absentee.­' Veed Abatement Report of Superintendent of Streets .re of weed abatement, Submitted and filed. i Res.. No, ',41,03, N. C*i �S introduced by Councilman Colin, seconded 15y'.Co.u.ncilman Gans,, entitled, . "RESOLUTION CONF-1 S PEnRINTENDENt bP STREETS' REPORT OF COST OF- ABATEMENT OF WEE AND' ND' 7, OTHER NUISANCES ORDER A BA TED= BY RESOLUTION' N 3314 C.-S, adopted by 5 affirmative votes, 2absentee. Director of Water Department Director of Water Department -Dqveung'.explajned Section III of �,a tentative Capita1" Outlay Budget had , been appr oved by: �Commission At: their last regular meeting. After - some discussion, Councilman tin6m ade a , motion; se conded by Council man *,Coll ifi,, that tentative approval be .givep to Section III. of the'..tentativie C'api Outlay :;Budget with formal to be -given later, by resolution. Roll,.Ca,ll on thfs.motion carried by 5 affirmative votes, 2 absentee*., -4- August 17, 1964 INTRODUCTION OF ORDINANCES Ordinance amending Annual Appropriation Ordinance to provide for the esta lishment of Capital Outlay Funds, 1964 - 65 Ord. No. 745 N. C. S. introduced by Councilman Battaglia, seconded by Councilman Gans, entitled, "AN ORDINANCE AMENDING ANNUAL APPROPRIATION ORDINANCE" ' FO R THE, FISCAL YEAR JULY 1, 1964 TO JUNE 30, 1965 BY AMENDING SECTIONS 3, 6, A+NI) 11 THEREOF TO PROVIDE FOR THE ESTABLISHMENT OF CAPITAL OUTLNY `FiUNDS. " ordered posted by 5 affirmative votes, 2 absentee. Capital Outlay Program - 1964 -65 Councilman Colin requested that the minutes show that he was against one item of this. ordinance re Improvements to Keller Street Parking Lot, but because it was an emergency ordinance a_nd unanimous approval of the members present, he would vote in favor.- Ord. No. 746 N. C. S. introduced by Councilman Gans, seconded by Councilman Ellis, .entitled, "AN ORDINANCE OF THE CITY OF PETALUMA PROVIDING FOR PROPOSED CAPITAL OUTLAY PROGRAM TO BE COM- PLETED DURING THE FISCAL YEAR 1964 -65, PROVIDING THAT THE PLANS AND SPECIFICATIONS FOR EACH INDI- VIDUAL PROJECT ARE TO BE APPROVED AND ORDERED COMMENCED BY RESOLUTION AND NAMING THE FUND FROM WHICH EACH PARTICULAR PROJECT SHALL BE PAID; AND REPEALING ALL ORDINANCES IN CONFLICT . HEREWITH. " ordered published by 5 affirmative votes, 2 absentee. Tax Levy Ordinance - 196 Ord. No. 747 N. C'. S. introduced by Councilman Colin, seconded by Councilman Ellis, entitled, "AN ORDINANCE LEVYING RATES OF TAXATION UPON THE ASSESSED VALUATION OF THE PROPERTY IN THE CITY FOR THE FISCAL YEAR JULY 1, 1964 TO-JUNE 30, 1965. " ordered published by 5 affirmative. votes, 2 absentee. 1 August 17, 1964 ADOPTION OF ORDINANCES: Establishment of Agricultural Districts .. - Ord. No. 7'41 -N. C. S. introduced by Councilman Ellis, seconded by Councilman Gahs, entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 662 N. C. S. BY ADDING`THERETO AGRICULTURAL - RESIDENTIAL AND AGRICULTURAL DISTRICTS AND PROVIDING AND ADOPT- ING REGULATIONS CONTROLLING SUCH DISTRICTS BY ADDING TO THE SAID ZONING ORDINANCE SECTION 1- 606 - A.ND ARTICLE 3 -A, SECTIONS 3 -A -100 THROUGH 3 -A -400. " adopted by 5 affirmative votes, 2 _absentee. Re zone - Seven Lots on Libe Street between Oak and Prospect Ord. No. 742 N. C. S. introduced by Councilman Battaglia, seconded by Councilran Gans, entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 662 N. C. S. BY REZONING THAT CERTAIN PROPERTY HEREIN- AFTER DESCRIBED FROM AN R -12 -3000 ZONE OR DISTRICT TO AN R -NI -1500 ZONE - OR DISTRICT. adopted by 5 affirmative votes, 2 absentee. Lakeville Annexa ion Election 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 CERTAIN INHABITED TERRITORY DESIGNATE_ D AS 'LAKEVILLE ANNEXATION 1963. adopted by the following vote,: Ayes: Councilmen Battaglia, Colin, Gans, and Mayor Van Bebber.. Noes: Absent: Councilmen Brainerd and Cavanagh, Jr. Abstained: Councilman Ellis. CONSIDE'RA'TION OF NEW OR UNFINISHED BUSINESS Resolutio appointing Lyle G Sage as, a m embe r , of Board of Building Review Res. No. 4104 N. C. S. introduced by Councilman Gans, seconded by Councilman Ellis, entitled, "RESOLUTION APPOINTING LYLE G. SAGE AS A MEMBER TO THE BOARD OF .BUILDING REVIEW AS ESTABLISHED BY ORDINANCE NO. 651 N. C. S. - adopted by 5 affirmative votes, 2 absentee. - 6 - 29`3 August 17, 1964 Resolution of Intention to Abandon Alley - Be tween Keller and Libe Streets off Washington Street (Sierra National Bank) — 'Res.. No. 4105 N Go So introduced by Councilman Ellis, seconded by Councilman Gans, entitled., "RE'SOLUTION'OF INTENTION TO ABANDON AND CLOSE TO PUBLIC°USE A PORTION OF THAT CERTAIN EASEMENT FOR S_ ALLEY PURPOSES, RUNNING IN A. NORTHERLY DIRECTION FROM WASHINGTON STREET BETWEEN I<ELLER AND LIBERTY STREETS IN THE CITY OF PETALUMA adopted by 5 affirmative votes, 2 absentee. Resolution autho'riz.ing Mayor to execute. an agree for Radi& Ma , 'intenan6e with Arthur Hagopian Res, .No.. 4106 No Co S introduced by Councilma- Cans, seconded by Councilman Battaglia, entitled, "RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE RADIO'MAINTENANCE AGREEMENT WITH ARTHUR HAGOPIAN � 5 FOR THE PERIOD OF ONE (1) YEAR. adopted by - 5' affirmative votes, 2 absentees R�osolut -ion author izing the exec ution of a., revision o lease - Boat Ramp - George E. Van Bebber Res. -No, .410T.. N. C o S ' introduced by Councilman -Gans; seconde'd` by Councilman Ellis, entitled; "RESQt_bT` ION AUTHORIZING THE EXECUTION OF A. . REVISION OF .LEASE PURSUANT TO THE- AUTHORITY. OF ORDINANC -E NO, 613 N Co S.o" adopted by '5 affirmative votes, 2 absentees .. Resolution a rovin Annual Report of 'Expenditures -for 1963 -64 fiscal yea PR. g as required by Collier Unruh' Local'Traizsportaa-ion Development Act At approximately 9.!:35 po m; , Mayor'Va'ri - Bebber.left the Council Chambers. Res, ,No'; 4108'N, C. S. introduced by Councilmn .n Battaglia, seconded by .Councilman E1_lis, entitled, "RESOLUTION-APPROVIN,G ANNUAL REPORT-OF EXPENDITURES AS REQUIRED BY COLLIER- 'UNR�UH LOCAL TRANSPORTATION DEVELOPMENT ACT, adopted by 4' affirmative votes, 3 absentee. -Immediately following roll call on this 'resolution, Mayor...Van Bebber entered the Council Chambers. -7- - 2 - 94 August 17, 1964 Resolution appointing Whitlow, Hoffman & Albritton as .Engineer of Work of � ®a - Assessment District No... 9. N. S`.' ; Res.. N&,- C. S. introduced by Councilman . Ellis, seconded by Councilman" Gans, 'entitled,, g "RESOLUTION APPOINTING•.ENGINEER OF WORK AND ' AUTHORIZING EEXECUTION OF AGREEMENT.;" by 5 2 adopted affirmative votes ,absentee Resolution of .appreciation to the , Petaluma Rotary Club for :its _gift of a photocopy machine, to the Petaluma Public Library Res 'No 41 N S,e. ' introduced by Councilman Ellis, seconded, by Councilman Gans, entitled,r j "RESOLUTION OF. APPRECIATION TO.'THE; PETA'LUMA . ROTARY adopted b 5 affirmative votes P y , '2` absentee L ibrary Bond Election Res No x`111 N;.C.`S;; , introduced by. Councilman 'Gans,- seconded' by C- ' � - lm Ba tagha ent- itled, „ "RESOLUTION DETERMINING THAT�THE.PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION, 'CONSTRUCTION AND COMPLETION.BY THE CITY';OF 1?ETALUM'A OF: THE , FOLLOWING MU,N'ICIPAL IMPROVEMENT, TO WIT LIBRARY,' AND THAT THE COST'OF SAID.IVI IMPROVEMENT WILL REQUIRE AN EX'PENDiTURE GREATER THANTHE. AMOUNT ALLOWED.THEREFOR' BY. THE .ANNUAL TAX LEVY; adopted by. the following vote: Ay..es: ' Councilmen Battaglia, "' Ellis, Gans, and iVi`ayor Van'Bebber. Noes: Counc :i n: Colin:. Absent ::ECouna Iffien Brainerd, and 'Cavanagl , Jr.. ' Res. introduced by Councilman ;Ellis, seconded by Coune`lman- Battaglia;` entitled; ' " RESOL:UTION OF THE.COUNCIL OF :THE CITY, :OF PETALUNiA , REQUESTING: THE `BOA'RD �OF�,SUPER` ISORS. OF SONOMA` :.. COUNTY TO PROVIDE FOR: THE' CONSOLIDATION OF A SPECIAL MUNICIPAL BOND ELECTION WITH THE' STATE '. OF CA'L'IFOR.'N'IA GENERAL' ELECTION TO BE .HELD NOV= . EMBER` 3,. 1964. , adopted by 5 affirmative ,votes, 2 absentee,.'. _ 8_' I I Library E iect ion (continued) .AUgUSL 17, 1964 Ord, No, 748 N. C, S. "AN ORDINANCE CALLING A SPECIAL MUNICIPAL BOND ELECTION IN , THE CITY'OF PETALUMA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY THE MEASURE -OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION CONSTRUCTION AND COMPLETION OF THE FOLLOWING 1MUNICIPA L IMPROVEMENT, TO WIT: LIBRARY; DECLARING THE ESTIMATED. COST CO T OF SAID MUNICIPAL IMPROVEMENT THE L AMOUNT OF THE PRINCIPA SAID INDEBTEDNESS TO BE INCURRED THEREFOR AND THE MAXIMUM RATE OF INTER-EST TO BE-PAID THEREON; MAKING PROVISION FOR THE LEVY AND COLLECTION OF TAXES; AND FIXING DATE OF SAID ELECTION, THE MANNER OF 'HOLDING THE SAME, PROVIDING FOR NOTICE THEREOF, AND CONSOLIDATING SAID SPECIAL MUNICIPAL BOND ELECTION WITH THE -STATE OF CALIFORNIA GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 1964. ordered, posted by the following vote: Ayes? Councilmen Battaglia, Ellis, Gans, and Mayor Van Bebber. Noes: Councilman Colin. ,Absent,: Councilmen Brainerd and Cavanagh, Jr. Because the resolution of public interest failed to receive the required 5 affirmative, vote's, 'the "Subsequent legislation is of no fb effect even though receiving the majority vote, the net result being that the legislation is ineffective for the purpose for which it was introduced and will not be further acted upon. Since Fred Lund, Richard and Philip Hinchliff did not - .appear to discuss classification of. City Business license. as a mobile creamery manufacturer, it was the opinion of the Council to go,ajong with the City Attorney's interpretation that this b0sirles'9,is also considered a peddler. ADJOURNMENT: There being no further business to come before the meeting, the meeting was adjourned to Tuesday, September 8, 1964, at 7:30 p. m. 2 9t Mayor b At Al,