HomeMy WebLinkAboutMinutes 09/08/19642.9 9
September 8, 1964 - 7:30 p. m.
City Hall - Petaluma. Calif.
Regular meeting of. the Council of the City of Petaluma called to order by
Mayor 'Van Bebber.
ROLL CALL::
Present: Councilmen Brainerd,
Mayor. ,Van,Bebber.
Absent: Councilman -Battaglia.
Cavanagh, Jr., Colin, Ellis, Gans, and
INVOCATION:
The .invocation was given by Reverend Albert. W. Foster, Methodist Church,
APPROVAL OF MINUTES
The minutes from the meetings of August 17,. and August 24, 1.964, were
approved as recorded.
PUBLIC HEARING:
Between Keller
Streets off Washington J
This Bing t e time set for hearingof protests to the abandonment of the sub-
ject alley, the City Attorney announced that no written protests had been received.
V Mr. Riley Hagen,, 255 Keller Street, addressed the Council wanting to know
:hove much 'the abandonment would cost the property owners in the area.
It was noted that Sierra National Bank would provide for the performance of
the work and pay all costs involved for the relocation of the subject alley.
Mr. Gus Zitlau, 232 Liberty Street, addressed the Council asking to see a
drawing of the new alley.
Director of Public Works Donald Scott pointed out the location on the map of
the proposed alley. way.
There being no further comments or protests from members of the audience,
the following resolution was then adopted.
Res. No. 411.5 N.C. S.
introduced by Councilman Brainerd, seconded by Councilman Gans, entitled,
"RESOLUTION ORDERING THE VACATION AND ABANDONMENT
AND CLOSING TO PUBLIC USE OF A PORTION OF THAT CERTAIN
EASEMENT FOR ALLEY PURPOSES RUNNING IN A NORTHERLY
DIRECTION FROM WASHINGTON STREET BETWEEN KELLER
AND LIBERTY STREETS IN THE CI'T'Y OF PETALUMA, MORE
PARTICULARLY DESCRIBED IN THE 'BODY OF THIS RESOLUTION. it
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adopted by-6 affirmative votes, 1 absentee.
Res. No. 4116 N. C. S.
introduced by Councilman Ellis, seconded by Councilman Brainerd, entitled,
"RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AN AGR'EEMEN`T` WITH THE SIERRA NATIONAL BANK
FOR THE; RELOCA'T'ION OF UTILITY LINES AND PAVING
OF" THE PROPOSED ALLEY -WAY TO BE DEDICATED TO
THE CITY,
adopted by 6 affirmative votes, 1 absentee.
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September '8, 1964
PETITIONS AND COMMUNICATIONS:
Myrel A. Moss - Use Permit Application - Denied. by, City Plann'i g C ommission .
Communication from Myrel A.. Moss, .dated August 20, 1964, appealing the
decision - of the City Planning Commission which denied Moss's - application for a use
permit to allow a telephone answering service and an employment agency in an R -M-
1500 zone- at 247 Keokuk Street. The letter read in part,% 'We would - like to waive the
request for -the employment agency at this time and request a permit to conduct a
telephone answering service as an adjunct to our accounting -practce. "
Report of Director of Planning dated August, 18, 1964, recommending denial of
subject use permit application, submitted and filed. Minutes from City Planning Com-
mission meeting of August 18, 1964,' read and filed.
Report of Director of Planning dated September 8, 1964, setting forth several _
points concerning the subject application for the Council's consideration read and filed.
Mrs. Moss addressed the Council speaking on behalf of their application and
explained :in detail- their request.
In view of the.fact that the appeal was a modification of the original application .
deleting the .request for the employment agency, Councilman Gans made a motion,
seconded by Councilman Colin, to continue this matter as an appeal. and refer the
matter back to the Planning Commission for further guidance and advice. Roll Call
on this motion carried by the following vote:
Ayes: Councilmen Brainerd, Colin, Gans, and Mayor Van Bobber.
Noes: Councilmen Cavanagh, Jr. and Ellis.
Absent: Councilman Battaglia.
Copy of application for transfer of liquor license filed by Karl E. Kusnick,
(Rhythm Club), 3`54 Petaluma Boulevard North, with the Alcoholic Beverage Control,
approved. by Chief Del Maestro.
Notice from Public Utilities Commission re hearing to be held Friday, Sep --
'tember 11,, 10` :00 a.m. , Room 122, Sonoma County Administration Building, 2555
J Mendocino Avenue, Santa Rosa, on application of Redwood Telephone Corporation,
submitted and filed.
Notice from Public Utilities Commission re application of Greyhound Lines
� for Statewide increase in Intrastate Passenger Fares other than Commutation Fares
in Peninsula, Contra Costa and Marin Commutation Services, submitted and filed.
Letter from Congressman Don H. Clausen, dated August 17, 1964, . re
acknowledging receipt of Res. No. 4093 N. C. S. re San Joaquin Valley Drain, read
and filed.
T,:,etter from Senator Joseph A. Raatigan dated August 14, 1964, re ack zowl-
edg ng receipt of Res. 'No. 4093 N. C. S. re San Joaquin Valley Drainage, submitted
� and filed.
REPORTS OF CITY OFFICIALS:
City Manager
Cl_aims_approved for payment by the City Manager were submitted and filed;
Res. No. 4117 N. C. S.
introduced by Councilman Gans, seconded by Councilman Brainerd, approving claims
and bills Nos. 4 to 4792 inclusive, and Nos. 2968 to 3027 inclusive, was read and
adopted by 6 affirmative votes, 1 labsentee.
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September 8, 1964
City Planning Commission
R'ezone - `Marie Converse Property on East Washington -Street between East
Park Subdivision and Washington Square Shopping Center
R,esolution No. .Z12- 4 recommending an amendment to Zoning Ordinance No.
662 N. C. S. by reclassifying an R -1 -10, 000 zone to an R-1-6000 zone, submitted and
filed.
Ord. No. 75.1 N. C. S.
introduced by Councilman Gans, seconded by Councilman Cavanagh, Jr. , entitled,
"A,N ORDINANCE AMENDING ZONING ORDINANCE NO. 662
N. C. S, BY REZONING THAT CERTAIN PROPERTY HEREIN
AFTER DESCRIBED FROM AN R -1 - 10, 000 ZONE OR DISTRICT
TO A N R -1- 6000 .ZONE OR DISTRICT. "
ordered published by 6 affirmative votes, I absentee.
Rezone - McNear Ho m : esite - app roxima,tely 4 acres - Petaluma Boulevard S
Resolution No. Z14- 4 recommending an amendment to Zoning Ordinance. Ni
662 N.C. S by reclassifying an R -1 -6000 zone to a C-H zone, submitted and filed.
Ord. No. 752 N. C. S.
introduced by Councilman Cavanagh, Jr., seconded by Councilman Ellis, - entitled,
"AN ORDINANCE AMENDING ZONING ORDINANCE NO, 662 N. C. S.
BY REZONING THAT CERTAIN PROPERTY HEREINAFTER DES -
CRIBED FROM AN R -1 -6000 P -D ZONE OR DISTRICT TO A C -H.
ZONE OR DISTRICT. "
ordered published by 6 affirmative votes, 1 absentee..
Buenos Noshes Subdivision No. 2
Res. No.' 39 - approving final map of subject subdivision, submitted and
filed.. Report of Director of Public Works, dated September 2, 1964, re recommending
certain provisions for the �subfect subdivision - agreement; submitted and filed.
Res. No. 4118 N. C.. S.
introduced' by Councilman Brainerd, seconded by Councilman Ellis, entitled,
"RESOLUTION APPROVING FINAL MAP OF BUENOS `Nyy
'NOCHES SUBDIVISION NO. 2. "
adopted- by 6 affirmative votes, 1 absentee.
Garden Est ates Subdivision
Res, No. 34-64 approving tentative revised map of Garden Estates Subdivision,
submitted a -nd filed.
River Park Subdivision
Res':" No -.'• 38 4 approving tentative map of River Park Subdivision, submitted
and fi,.Le d.
Director of Public Works
Animal Shelter, 1964
Plan and specifications on the subject project were submitted and filed.
It wars noted that four changes had been made in the plumbing section as 1 j�
suggested au, the .last meeting, whereupon
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September `8, 19
Animal Shelter 1964 (continued)
Res. No. 4119 N.C. S.
introduced by - Counc'lman Battaglia, seconded. by Councilman Gains, entitled
"RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
ENTITLED, 'ANIMAL SHELTER, 1964' AND AUTHORIZING
THE CITY CLERK TO ADVERTISE FOR BIDS FOR SAID WORK.
adopted by : affirmative votes, 1 absentee.
McDowell Bridge
- Difecto.r of Public Works Donald Scott- presented preliminary cost comparison
studies for the widening of the present brdge,or complete construction, of a new bridge.
He commented that the 'widening of the present bridge would cost $35, 000 and $28, 000
,for-.. a new bridge._ ,.The Director,of Public Works recommended, a .new structure and
stated that the -Engineering Department is working on preliminary plans, which will be
submitted to the Sonoma County Flood Control for their review.
Dredging, Contract - Dike :Failure
Director of Public Works Donald .Scott informed the Council of a dike failure
just -below Gerwick's which was repaired by the Contractor:
A & minute recess was declared. The time was approximately ,8 p, m,.
The. meeting was called back to order:
ADOPTION OF ORDINANCES:
Rezone - John Gutermute Estate - approximately 25. 94 acres
Ord. No. 744 N. C. S.
introduced by Councilman Battaglia, seconded by Councilman Gans, entitled,
"A „NbR'DI'NANCE AMENDING ZONING ORDINANCE NO, 662
N. C`. S. BY REZONING THAT CERTAIN PROPERTY HEREIN-
AFTER ,DESCRIBED FROM AN R -I- 1,0, 000 ZONE OR DISTRICT
TO AN R-1-6000 6000 ZONE OR DISTRICT. ”
adopted by 6 affirmative votes, 1 .absentee.
Ordinance amending Annual Appropriation Ordinance to provide,for the estab-
lishment of Capital Outlay Funds, 1
Ord. No. 745 N. C. S.
introduced by Councilman Battaglia, seconded by Councilman Gans entitled,
" 'AN OR DINA NCE ,AMENDING ANNUAL APPROPRIATION
ORDINANCE FOR THE FISCAL YEAR JULY 1, 1964 TO
JUNE 30, 1965 �BY AMENDING SECTIONS 3, 6, AND .I1
THEREOF TO PROVIDE FOR THE ESTABLISHMENT
CAPITAL, OUTLAY FUNDS, " V
adopted by 6 affirmative votes, 1 absentee.
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303
September 8, 1964
Ca pital 'Out lay Fr 1964 65
Councilmen - Cavanagh, Jr, and Colin were against one item of this ordinance
re Improvements to Keller Street Parking Lot:, but because it was an emergency
ordinance and required unanimous approval. of. the members present, they would
vote in favor.
Ord. No. 746 N. Co So
introduced by Councilman Cans„ seconded by Councilman Ellis, entitled,
"AN ORDINANCE OF THE CITY OF PETAi.UMA PROVIDING
FOR PROPOSED CAPITAL OUTLAY PROGRAM TO BE COM--
PLETED DURING THE FISCAL YEAR 196465, PROVIDING
THAT THE PLANS AND SPECIFICA'T'IONS FOR EACH IND.l .
VIDUAL PROJECT ARE TO BE APPROVED AND ORDERED
COMMENCED BY RESOLUTION AND NAMING( THE FUND
FROM WHICH EACH PARTICULAR PROJECT SHALL BE
PAID; A ND R EPEA LING ALL ORDINANCES IN CONFLICT
HEREWITH.
adopted by 6 affirmative votes, I absentee.
Tax Lev Ordinance 1964-65
Ord, No. ' 4`? .No C. S
introduced by Councilman Colin, seconded by Councilman Ellis, entitled,
"AN ORDINANCE LEVYING RATES OF TAXATION UPON
THE ASSES_ SED VALUATION OF 'THE PROPERTY IN THE
CITY FOR THE FISCAL YEAR lUI.'� 1, 1964 TO JUNE* 30,
1965. "
adopted by 6 affirmative votes, I absentee,
Or No. '748 N C. S. - Libra( Bond 'Elecdon
Because Res. No. 4111. N.C.. S of public inte failed to receive the required
5 affirmative votes, Ord. No, `748 N. C. S., is of no force and effect..
Li Bond Election
Ord. No. 749 N. C, S
introduced by Councilrh.an, Battaglia., 'seconded by Councilman Cavanagh., 'Jr entitled,
"AN CALLING A SPECIAL MUNICIPAL BOND ELECTION
IN THE' CITY OF PETALUMA FOR THE PURPOSE' OF SUBMITTING
TOTHE'ELECTORS OF SAID CITY THE MEASURE OF INCURRING
A BONDED INDEBTEDNESS OF SAID CITY - FOR THE ACQUISITION
CONSTRUC' 1ON AND COMPLETION OF THE FOLLOW 'ING'MUNICIPAL
imPRC)VEMENT,' TO WIT: LIBRARY, DECLARING.; THE ESTIMATED
COST 00 SAID MUNICIPAL IMPROVEMENT, - THE AMOUNT & THE
PRINCIPP;L O SAIDINDEBTED.NESS TO ,BE INCURRED THEREFOR,
AND THE MAXIMUM RATE OF INTEREST BE' PAID THEREON;
MAKING PROVISION FOR THE LEVY'ANI) COLLECTION OF TAXES;
AND THE DATE OF SAID ELECTION, THE MANNER OF
HOLDING THE SAME, PROVIDING FOR NOTICE THEREOF, AND
CON'S' iDATIN G SAID SPECIAL MUNICIPAL BOND ELECTION WITH
THE STATE OF CALIFORNIA CnENERAL. ELECTION TO BE HELD
ON NOVEMBER 3, 1964 "
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September '8, 1964
Library" Bo E lection (co
adopted by -the following vote:
Ayes: Councilmen Brainerd, Cavanagh, Jr., Ellis, Gans, and Mayor
Van Bebber.
Noes, Councilman Colin.
Absent: 'Councilman Battaglia.
1964 Cader Annexation Description Correction
Ord. No; 750 N. C. S.
introduced by Councilman Brainerd, seconded, by Councilman Ellis, entitled,
"AN ORDINANCE AMENDING ORDINANCE .NO. 728 N. C. S. TO
CORRECT THE DESCRIPTION THAT WAS INADVERTENTLY IN
ERROR USED AND DESIGNATED '1964' CADE'R ANNEXATION'
TO THE CITY OF PETALUMA. "
adopted by 6 affirmative votes, 1 absentee.
CONSIDERATION OF NEW OR UNFINISHED BUSINESS:
Schu man- La ; urel7 Che rry Street Area '. Asses sment District. Noe 9 N S.
Submission of petitions containing signgatur,es of property owners in the subject
area requesting formation of an assessment district for the :purpose of providing curbs,
C gutters, sidewalks and streets., submitted and filed.
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City Attorney Edouard Robert commented that the petitions had been checked
by the .Engineering Department and found that 657 of the properxy owners were in favor
of the improvements. 3
Concern was expressed. by various members of the Staff becalise .the people
signed the petitions without cost estimates. It was felt that the petitions would probabl
require about 75% in favor of the improvements in order to overcome the cost 'problem.
After some discussion, it was the decision of the Council to table the matter
temporarily and refer it bank to the Engineering ,Department for a cost estimate, and
to notify the petitioners when the petitions will be reconsidered by the 'Council.
The City Manager also suggested that a study session be held next Monday night
to consider this matter further as well as assessment districts in general.
Files Management S urvey
Res. No. 4120 N. C. S.
introduced by Councilman Gans, seconded by Councilman Cavanagh, Jr., entitled,
"RESOLUTION'AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH STUART `DAVIS'. "
adopted by 6 affirmative votes, 1 absentee.
Mutual Fire Protection Aid
Res.' No. 4121 N. C. S.
intro zuced by Councilman Gans, seconded ;by Councilman Brainerd, e titled,
I on
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September 8, 1964
Mutual Fire Protection Aid (continued)
"RESOLUTION DETERMINING THAT IT IS FOR THE BEST
INTERESTS OF THE CITY OF PETALUMA TO ENTER INTO /
A MUTUAL FIRE COOPERATION ASSISTANCE AGREEMENT
WITH THE COUNTY OF SONOMA, THE MUNICIPALITIES OF
THE COUNTY OF SONOMA AND ALL FIRE DISTRICTS WITHIN
THE COUNTY OF SONOMA, AND DIRECTING THE MAYOR
AND CITY CLERK TO ENTER INTO AN AGREEMENT TO
EFFECTUATE THE SAME, "
adopted by the :following vote:
Ayes: Councilmen Brainerd, Colin, Ellis, Gans, and Mayor Van Bebber.
Noes:' Councilman Cavanagh, Jr.
Absent: Councilman Battaglia.
Petaluma River Project Modification
R eport of proposed Petaluma River Project Modification prepared by Sonoma
County Tidelands Harbor and Beach Commission, submitted and filed. /,5;k S
It was noted that a hearing will be held some time this year by the Army Corps
of Engineers.
The matter was referred to the City Manager for preparation of a presentation
by -the Staff for said hearing,
Mr. Phil Joerger, 1 Jensen Drive, Petaluma, appeared before the Council to
question Clarence Baal's qualifications for the position of Fire Chief. He read the
three basic requirements as set forth in the announcement issued by .the City Manager,
entitled,., "The City of Petaluma Announces an Examination for the Position of Fire
Chief. " He wanted to know if the Fire Chief was eligible and qualified to apply for
the chief's examination because of the requirement that the applicant be a fire captain.
Having learned that Mr. Baal was not a captain at. the .time he applied for the position,
he questioned the ,legality of the appointment and stated the, public was not properly
informed of the .fire chief's qualifications.
Councilman Gans, with the permission of the Fire Chief, read Mr. Baal's
letter of application listing his education and experience which, in part, stated that
he held the rank of engineer and was designated acting captain a his station with the
City of Downey Fire Department; also that he -had been a fire chief for a large volunteer
fire department, Councilman Gans also read .the letter of recommendation of the oral
interview board comprise- of three fire chiefs. (fames Sweeney of Oakland, Matthew
Jtrpenez of Hayward, and Joe Lodi of Redwood City) deteriniaing that Mr,. Baal was the
only capable `and qualified applicant.
It was the City Attorney's opinion the appointment was valid and legal in all.
respects as on June -28, 063, the City Council by resolution appointed Mr. Baal on
City Manap,*er Me ;per's recommendation, and as the City has no ordinance or other
Iegi:s;latloii setting forth specLfzc� rgd 'l�fi�e� p�u1�l�i►sNre�ii a1rm��uu��rne71
was at most a, guideline. and not hind ng upon. the: appointing, author_�ity.. The seT:ec� on
of personnel is limited only by- the Charter which does, not establish. qualifications: ,
The Mayor fur.thex added that there are actually definite rules of employ-
fnyent; that the City, Manaver and City Council. 1a -y their own ground, rule& a,nd� are free.
to: a.djuat them; to, meet. the situation By establishing these rules,, only those q_ua_1!ified
would apply. He, belie:vedi e erything pertaining to thee, case; was made- known to: the
Council. Caunc lma,q Cohn, however,, thought- ghat: Mr, Baal, was; a captain, aazd voted:
in favor of: hire because 'of that- reason!, Mayor- Van Bebber asked; other Counc -'lme a .
who, were members of- the Council . at: the. time: of the appointment w or not- they
were aware of Mr. B'a:al,'.'s qualifications. Couneihna.n B.ra:inerd said: there. was no,
question in . his miriO as to.., the fairness of the appointment. and felt that Mr. Baal was;
306
September 8, 1964
the only man qualified for the position as recommended by the -Board of three-Fire
Chiefs. He also called the Council's attention to the word "equivalent" in the .require-
ments. Councilma- i°i.'Ellis stated that he was fully informed of all the .facts at the time
of the appointment, that he had read Mr..Baal's letter of application, and thought that
the Council made the best choice.
Others in the audience who expressed an opinion, were. -
Mr. Dalton Dray 508 Petaluma Boulevard South
Mr. Vic Rosager, 40 Sunny Hill Drive
Mr. ' :Robert Brunner, 212 Seventh Street
Mr. William Soberanes, 421 E. . Washington Street
'Mrs. Dolores Off utt, 931 Petaluma Boulevard South
Miss 'Carol Van Bebber, 21.5 Eighth Street
Mr. Robert Offutt, 931 Petaluma Boulevard South
While Councilman Cans was speaking, having been recognized by the Mayor,
Mr. Joerger interrupted him several times. Mayor Van Bebber stated to Mr..Joerger.
t,4-t, „order, and because -he would not yield to the command of the gavel,
the Mayor requested the Chief of Police to escort Mr..J.oerger. out of the meeting.
A discussion period followed in which the Mayor gave the audience and the
Council an opportunity ,to speak and to make any formal or specific 'charges.” As none
were made, the Mayor declared the matter closed.
ADJOURNMENT:
There .being no further business. to come before the Council, the :meeting was
adjourned.
c"
Mayor
Attest:
City Cle k
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