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HomeMy WebLinkAboutMinutes 12/15/1947December 15,-1947, 7: 30 P.M.. Regular meeting of the Council of the. City of Petaluma a y. called to ,order by Mayor W.00dson.. . .ROBE CALL:' Present: Councilmen De:iss,, King... M vogue,, Myers,, Seidell, Shoemaker.,: `arid Mayor Woodson. READING :OF THE JOURNAL: e. mina es. o� e; last regular - meet,i;ng of December 1.,,1947,. were read •and - appr. oved as recorded. ,.... CONSIDERATION OF BIDS : ImpV. or McNear Park': This being the time set for . � g opening_ bida for the improvement of MONear 'Park:, the Clerk repor - -ted having received two bids and . proceeded Vogerisen•Construction Co Said bi'& wer e ; t:o . open and read said. bids .from: Moretti,.Const Co.. and. e .cniere osdd ruct and "the bid. of',,trie Vogensen Construction .Co. "being the, lowest bid, Resolution #45.N,.C.S.' introduced by Councilman .Minogue,', .seconded by Councilman Seidell, entthed; "Re,solution awarding .contract for tyre improvement of M -NeaP. Park to. ,Vogensen :construction ,Co.'!' was , - adopted .by the follow- ing vote. Ayes; Councilmen. Deiss, King,,' Mnogue, Myers', ! Seidell, Shoe - maker, and Mayor Woodson® Noes: None. ,. Abs`enf : None,.' 1 REPORTS: FFROM ,CI�Y MANAGER. Y -` 'Sill and °:claims ap.prove,d, b the: City Manager were su.bmltted for approval, by' - .City .Councils hereupon Resoluti6n. #46.N:.C. S introduced by Councilman King,, s.e.conded by Qo_unc lman Delss, entitled, "A resolution. approving the. list of ,.claims and bills approved'rfor payment by the City; Managet- adopted by the follow ®. ing.vg Councilmen Deiss Kin ' y� , g,. Mnogue, Myers, Seid4�11, shoe- maker and Mayor W.00ds,on, Noes:, None Absent: None. REPORTS: FROM CITY OFFICERS: T e mon re or o the, .Auditor and. Librarian :were read and filed:. . "'."INTRODUCTION' OF ORDINANCES Ordlness :Licenses payable annually:, ante No. 21 N.C.S..introduced by Councilman `Sho:emaker,, seconded by Councilman 4S.eidell, - entitled',. fr, AN ORDINANCE OF THE CITY V PETALUMA AMENDING THE BUSINESS LICENSE ORDINANCE :460 C.S..: AS' AMENDED BY ORDINANCE 464 C. TO ,CHANGE THE QUARTERLY LICENSES T0, ANNUAL :LICENSE:S., EXCEPT,- FOR -THE PERIOD,.JANUARY 1 TO JUNE 3Q, .1948; TO PROVIDE .FQR EXPIRATION TIMES FOR SA, D' liICEN,E"S, AND TO. PROHIBIT ; THE.. ;: PRORATION OR INSTAhh- MENT PAYMENTi.OF LICENSES. was ready and passed to jprint, by the following ^vote: Ayes;: ,Councilmen .Deis, King I vogue, Myers, Seidel?, .Shoe maker., and Mayor Wo odson. U: n Abs exit : None o: A Re purchase of. new, automobile for Police Dept. Qr.dinance NO.., 22 N,.d.,S. introduced, by „Counciltman. King, second- ed� by Councilman ,Deist,, `entitle d; , '!AN ORDINANCE OF THE CITY OF PETALUMA AUTHORIZING THE PURCHNSE OF :,A , N -M1 .FOUR -DOOR. 'SEDAN; ;AU POLICE DEPARTMENT TOMQBILE ,F.OR THE ; was read and pas sed ., to sprint .,by the following ;v ote:;. : Aye,s Councilmen Deist Kirig, ,M vogue, Myers,, Be dell, :Shoe- maker and;,'Mayor Woodsion. Noes:; . None. Absent:; None . , . 386. ' ADO °PTION _OF ORDINANCES:` Inpv. of McNear Park; Ordinance ; N0, 18 N ; ®C.S. introduced by Councilman King, seconded by Deices,, entitled,. :.. 'PAN "ORDINANCE QF THE. CITY:. OF PETALUMA� PROVI-DING..FOR THE IMPROVEMENT OF 'MC NEAR, PARK.. came 'up regularly .and was adopted by. the following vote: Ayes. :' Councilmen •Deiss., "King, Myers,. %Seidell - Shoemaker; and Mayor Woodson',: ;. Minogue,. Noes :. None. - Ab sent a' None.: .:.. c . Amending Ord. 14 to correct ,error In transfers: Ordinance' No. l9 N.C.S . " intr. od be by .Councilman, . Shoemaker` se`conde'd by ' Councilman Seidell - entifle,d, ie ORDINANCE: OF THE CITY QF ,PETALUrA. AMENDING ORDINANCE NO:., 14 N..C.;S., TO.','CORRECT AN ERROR' 1N_1, TRANSFERRING-'-AN APPROPRIATION OF. 25 5a 653 FOR SALARIES ' '�OF TREASURER AND - TREASURER' , TO ' THE AUDITOR.:: �r _ : DEPUTY v came up regularly and Was adopted by ;'the.::following, Ayes:' Councilmen Delss, King, .Myers,;/ S.e dell ,. Shoemaker, and. Mayor. Woods on, Mih6gue ; Absent • stone. Amending Ord` 15 =- eliminating , of ic:er of, Depty Asses °s.- Treas. Ordinance No, 20 N.oC.S. .introduced by Councilman Shoemaker ' seconded by Councilman Sei de1T', entitled, : t eAN ORDINANCE OF. THE CITY '0F PETALUMk AMENDING' ORDINANCE NO. . 15 N..C.S ;., BY %.ELIMINATTN.G'THE .OFFI'CE': OF, DEPUTY ASSESSOR =TREASURER AND FIXING TIE SALARY - OF THE DEPUTY ASSESSOR -TAX. : COLLECTOR AT PER' MONTH:'rr ; came 'up r egularly and : eras adopted by ;following 'vot;e: Ayes,: t�C_ouncilmen De Ss, King, Minogue:; Myers,,. ' e dell, :Shoemaker and Mayor. Woods'an. Noes. None Absent : .,None.. CONSIDERATION OF .UNFINISHED BUSINESS.:. -Water `rate survey: , A :discussion was. had regarding, the .employment of . - a; L consulting engineer to.secure data.to oppose the application of the Calirornla - Water S'er. Qa, for an: increase in .rates. cbbnc l- man King stated, that he, "believed. the. City shouldr employ expert legal °•advice, Trat�her than a,' .consulting engineer, . . Mayor Woodson . To inted out that said ncrease wbbld; affect .territory °outs;ide the city limits - as .well' as the City of Petaluma'' and therefor the County. of Sonoma shoul'd' be 'interested in oppo'sing,; said :application.. The City Attorney eras directed to ascertain the cost of t..._ l'egai assistance and to corit;act the Dlstrict.Atftorney: regarding assistance n opposing' said intrease� jh,, rates. Culvert to be installed' Lakeville high.& Lindberg Lane. Attorney Lewis;. Cromwell. addre's'sed 'trie. Cbunc i stating •that ­he expected 'Mr: McPner'`in - his office shorfly �and`Y oiled °to have :the :matter. of ahe agreement with the, Cityb , cl'eared Eby the ' next regular meeting .of, th3 City Council:: " 'In :connez Lion with the drainage of the companyrs property trie City Manager was directed to have:- a - culvert. installed the terminal of Lindberg . Lane an'd the State Highway to carry storm Water' across Educational program for- �rec pkles's drivers: ' : Coizat lmari_ Shoemaker suggested a program W of J nstruc�a on for safe - driving; :to.-, be g . Ven by. the , =Board . of Educat Lori or the City, of Petaluma. : The,•matter was discussed : anrd referred' .to the City .Manager - Who, reported that : he 'has ' �rrltten- fora a <xeport, on this sub ject which- he :expects to receiv&. ;very shortl4y ,.:.. . 9. Re - Police Court jurisdiction City Attorney Karl Brooks reported that sometime ago the Police Judge asked his opinion as to payment of jury fees in connection with one of the cases.pending in his alleged court. As he investigated that particular matter he recognized for the first time fully that the Freeholders had neglected to make any provision in,the City Charter for the jurisdiction or authority for a. Police Court. Since this matter -of vital interest to the District Attorney and also since it was possible that the County of Sonoma would be required to pay Jury fees instead of the City of Petaluma, he took the matter up with him and they took under consideration the broad question of whether or not the City of Petaluma has a Police Court. Due to the fact that rather important cases were pending before the Police Court at that time it was det.ermined.that,tha, matter be.fully, studied before any public announcement be made in answer to said question. Mr. McGoldrick has contacted attorneys in the office of the Attorney General as well.as other well informed lawyers on the subject of Courts and it is their opinion that -our, Police Court, if it does 'exist, probably does not have jurisdiction or authority to hear criminal matters involving violation of State'laws'as' distinguished from city ordinances. . As of said the District Attorney dismissed proceedings which were pending in the Police'Court and, after advising attorneys for the defense, has re ®filed these complaints in the .Justice Court' of Petaluma Township. The question of concern is what if anything can be done about taking some legislative action to relieve this situation. .If the conclusions of above mentioned attorneys are true that we do not have a Court which has jurisdiction over State offenses then, of course, it would not be proper for our Court to entertain such cases in the future until some action is taken which would have the effect of vesting such a Court with'such powers. It�is the opinion of the District�Attorney that this can only be accomplished by an amendment to .the City Charter. It..is probable that at least for a stop gap I shall prepare and submit to_the.Council for adoption an ordinance that will delegate jurisdiction tot he Police Court and to that extent I believe that we can -have .a court under our existing Charter which-will have jurisdiction in' involving' violation of city - ordinances'. Said matter was left in.the hands of the City Attorney for futher search and report.. The matter of appointing a Councilman to serve on the Library Board was brought UP by Councilman Shoemaker and - referred to the Council for selection. There.being no.further business to come before the meeting, the:,mee'ting was declared adjourned'. / 1 7 Z t ATTEST: CITY CLE vORe Resolution #47-�A. introduced.-by Councilman - ,King, seconded by.Councilman Deiss entitled, "A resolution directing the .Auditor Treasurer. to transfer the .sum I of $12090, from the River - and Harbor to the Street Fun.d,,..and sum, of $780. from the_ .River -and Harbor Fund to the General Fund, adopted by 7 ,affirmative votes.