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HomeMy WebLinkAboutMinutes 12/17/1973,t i Council Meeting Attendance Invocation Approval of Minutes MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA December 17, 1973 Regular meeting of the City City-of Petaluma was called Mayor Putnam at the hour of Council of the to order by 7:30 .o'clock p.m. Present: Councilmen Brunner, *Cavanagh, Jr., Daly, Harberson., * Mattei, Perry, Jr., and Mayor Putnam. Absent: None. *Councilman Cavanagh, Jr, arrived at 8:10 o'clock p.m. Councilman Mattei arrived at 8:30 o'clock p.m. The invocation was..given.by the Reverend Henry Rankin, Two Rock Valley Presbyterian Church. The minutes of 3, 1973,and December 11, 1973 were approved as recorded. CONSENT'CALENDAR A motion was made by Councilman Perry, Jr., and seconded by Councilman Harberson, adopting the Consent Calendar, Agenda Items #1 through #1'5.. Motion carried unanimously. Agenda_ Item #1 Ecological Resources Element Res 4647, NCS Agenda Item #2- Pri:vate 'Parking Facilities (Hagstrom's Market) Res #6475 NCS Agenda Item #3 Claim - Mari.e Shatto Res #6476 NCS Resolution #6474 N.C.S. adopted setting hearing q7 date for the purpose of considering an Ecological Resources Element (Open Space and Conservation) to the General Plan. (January 7, 1974.) Resolution #6475 N.C.,S.. adopted establishing a public hearing .(January 1974) to declare and establish that- certain private parking facilities are subject to Vehicle Code Sections 22350, 23103, and 23109 (in and about Hag,strom's Market on Douglas Street). Resolution #6476 N.C.S. adopted denying claim of,�S /F Marie Shatto for $50,000. Agenda Item #4 Resolution #6477 N.C.S. requesting the.County Tele -Vue Systems -- Counsel of the County of Sonoma defend the /q7 r Court Action City of Petaluma pursuant to the provisions of -- Res #6477 NCS the Revenue and Taxation Code (Re: Court action filed by Tele -Vue Systems). Agenda Item #5 Resolution #6478 N.C.S.- .adopted appointing Deputy City Juelle Ann Boyer-Deputy City Treasurer and Treasurer repealing Resolution #5846 N.C.S. Res #6478 NCS Agenda Item #6 Resolution # 6479 N.C.S. authorizing signing and Signing and endorsing checks and other instruments (active Endorsing Checks and inactive account) and repealing Resolution Res #6479 NCS #5943 N.C.S. Agenda Item #7 Resolution #6480 N.C.S. adopted authorizing Signing and signing and endorsing checks and other instru- - Endor:sing Checks ments' for the City of Petaluma Water Department Res #6480 NCS (active and inactive commercial account) and repealing Resolution #5941 N.C.S. L December 17, 1973 Agenda Item #'8 .Resolution #6481 N.C.S..,adopted authorizing Signing and sig ning and endorsing checks and .other ins.tru- Endorsing Checks ments (active and.in•active commercial account) Res #6481 NCS and•repealing Resolution #594:0 N.C.S. Agenda Item #9 Resolution #6;48.2.N..C. adopted.authorizing Signing and. - signing and endors -ing checks and other instru- Endorsi:ng. Checks meets''. (commercial accounts - active and in- Res #648:2 NCS ; active.),, repealing Resolution #5944 N.C.S. Agenda.Item #1.0 Resolution 46483.N..C.•S. adopted authorizing Signing and signing and endorsing checks and other instru- EndorsingdChecks ments (,active and inactive commercial account) Res #6483 NCS and repealing Resolution #5942 N.C.S. Agenda Item #11 Resolution #6484 N:C..S,. adopted authorizing Agreement -- the execution of agreement with the Fair - -- Fair Board. Board for the use of the Fairgrounds July 4, Res #'6484 NCS 1.9 7 4 . Agenda Item #1.2 Ordinance #1122 N.C.S. authorizing the Mayor Quit Claim Deed to exec.ute.quit claim deed to certain pro- Ord #1122 NCS pe-ties held by the City (Water Department) which •are_ surplus, - -_ was ordered posted. Agenda Item #13 Copy of application, filed with Alcoholic ABC Beverage,Control by Raymond Colaizzi to .- add,.,spouse, Mildt.6d., J. Colaiz,41,, for Off - Sale Beer and Wine ."License, 'Ray' s­ Gro.cery, 90,0A_ Western Avenue , . approved' 'by the Police Chief, Bu ilding Inspector; and'Heal'th Sani- tari,an,.submitted and filed. Agenda Item #14 Copy of application, filed with Alcoholic. �F ABC Bevera e Control b Marion C. Earn g _ y _ Earn and James A. Wirtz for Person to Person transfer of On -Sale General Public Premises License for Jim's. Place,,.937 P'e.t al.uma Boulevard_ North; approved by the - Police Chief, Building Inspec- tor,. and, Health Sanitarian,• submitted and filed. , Agenda , Item #15 Letter dated December 5, 1973, from Kahi -1 �8o McNear-. Property Rosenbaum regarding the McNear Property at -- Petaluma River Petaluma River and stating that no residential proj?ects should-be allowed _,contiguous 'to .the. rives unless it, provides' substantial- public open space " along with them,, submitted and filed;. A7r Liquid. Chlorine Notice to bidders for.the purchase,of liquid, Res A 64815 NCS, chlorine was duly.posted and published. ,L 13`77 Report•,dated December 14,1, 1973, . from David. L., Smith,, Administrative'.Interri,,- of; bid open- ing Decemberl3, 1973 submitted and'filed. The following. bids were received;: Georgia- Continental Pac'i'fic Corp Chemical Co OTIJ ' u 15!0, lb Cylinders 200:0, , lb Containers - 2 Tons ­per : ­delivery 4 Tons per: , 6 Tons delivery $ .175 lb $ .17 lb $144•.9'5 $148.0.0 .141.08 144.00 139.79 140.00, r 1 0 December 17, 1973 Liquid-Ch I 10'rine Mr. Smith explained that to calculate the Res #64'85' total cost for the City's anticipated needs, (continued) the six'ton delivery amount was used, and on 'this basis - Continental Chemical Company is the low bidder. In.recommending that the bid of - Continental Chemical Company be accepted, Mr., Smith also painted out two other important -- •factors: Georgia- Pacific offers free use of one -ton containers for ninety days, Continental Chemical Company three hundred sixty -five days; and Georgia- Pacific charges $500 for a damaged or lost-one -ton container, Continental Chemical Company $3.50; however, both bidders reserve 'the right to increase prices; - whereupon, Resolu- tion #6485 N'.C.-,S. awarding contract for purchase of liquid chlorine -to Continental Chemical Company for the City of Petaluma, was introduced by Councilman Daly, seconded by Councilman Perry, Jr., and adopted by the following vote: Ayes:- Councilmen Brunner, Daly, Perry, Jr., and -Mayor Putnam. Abstaining: Councilman Harberson. - -Absent: Councilmen Cavanagh, Jr., and Mattei. Councilman Harberson explained that in his business there is - a possibility of selling products to each of -these companies. N - Petaluma Boulevard Copy of petition dated November 30, 1973, North - -Sewer and directed to the Board of Supervisors of Sonoma Water County from­.:citi.zens and owners along Petaluma Boulevard North requesting study of obtaining sewer: -and . water for the-area, read and filed. Letter dated - December -11, 1973, from the Board of Supervisors of.Sonoma County referring the - pet'i'tion "to the City of Petaluma for further processing, read and•filed. In referring to.the Board of Supervisors' minutes, City Manager Robert Meyer noted that - the County °referred this matter to the City for- -its thoughts on connections to the City 'sewer -as fhis -would .fall within the City's influence.. In discussing the petition, the 'City° Manager pointed out that some answers ..-are.--required on the effect of the City's- growth control policy and availability of water before any " - more' - -.assessment districts are developed. Mr.. Vernon Doolittle, County Health Sanitarian, a'd'dressed th& Council' on the need for sewer facilities .in the- area. He spoke of the health - = - hazards from the malfunctioning septic systems, _ particularly on the west side of Petaluma Boule- vard North.. He recommended that a study be made to solve -'the problem. The following appeared in support of the petition : ''Mrs. G•. Batemon, 36.95 Petaluma Boulevard North; Mrs. K..Robinson, 1425 Sierra Avenue; - Pastor Ralph Robertson, First Pente- costal Church, 3.702 Petaluma Boulevard North; and Mr. Carlson, address unknown (owner of forty acres of two parcels in the area). k December 17, 1973 Petaluma Boulevard North - -Sewer and Water - (continued) Pastor .Robertson , informed the -Council• that he has observed construction of pipe lines in the ,area and thdt raw sewage is-being dumped into the'.-Petaluma River. Mr.. Carlson pointed out that twenty acres of his property is in, an As district and he felt that there , is -an obligation for sewer faciliti'es.to be provided to his property. Upon conclusion' of the .discussion, it -was the consensus of, the , Council to refer the matter to the.Plannling Commission for its considera- tion of the request for a report to the Council thereon,, and that the County Health Sanitarian and interested, parties be included -dh the.dis -. cussIons. The-City Clerk was, also asked 'to direct letter to `the Board of Supervisors of the Council's action. Sonoma County - r. Interim General Plan Letter dated December 13:, 1973, from George - Kovatch, .Sonoma. County Planning Dif.ec;tor, transmitting a copy of -the Sonoma County Interim-General and asking that recom- mendations thereon be, for=-warded to the Sonoma _ County. Board of Supervisors', submitted and filed. Report eluted., December 17, 1973., from Frank B. .Gray, acting Dir-'ector, Department of Community Development, with comments on the County's plan, submitted and filed: -.. City .Manages,,Robert -Meyer reported that the one' copy received of the ,plan is ava=ilable in the Planning Department additional copies will be obtained from the County for Council consideration. -of the matter-early in 1974. City Employees A card from the City employees-was re:ad.express- ing -,a s, ncere thank: you for the very -fine Christmas party December 8, 1973, Claims and•.Bills Res 46486 NCS Resolution- #6486 N,..C..S.. approving claims and bills. ' #.4,.604, to #.4726., inclus' ve, and #20:26 to #20:5.3, inclusive, approved for payment by the City Manager,, was, introduced by Counailman .Dal.y, seconded by -Councilman , Harberson;, and adopted by 6' votes, 1, absentee. `1 Reclamation.Project-- Rohnert Park Letter dated December .4, 197.3, from G. M. Benedetti, General :Manager,'Clover Brand Dairy Products reporting on_ the'. completion of the first year s operation- of: the `pilot 'project at .Rohnert ,Park ut- il:i•zng sewer effluent for irrigating .forage crops and, because of the benefits to the City of Petaluma from the information. being :developed,, it was_. requested that a grant of- ,$500 bei made to support the proj;eet, submitted and filed. .A motion was made '.by Councilman Bar.berson and seconded by',Councihnan Perry, Jr , approving $- -50.0, ,from Fund; 17b,.. 6 to support the Reclama -. tion -Projec,t'. =- MotioH carried unanimously. I. December 17; 1973 ABAG- :Reg;ional Plan Assistant City Manager Res- # , 648'7 NCS California State Speed, . Lim'it- Environmental Protection'Agency-- ,Transportation Control Plan .5 1' i City Manager Robert Meyer reported that a S� meeting will be held at the Council Chambers, - Santa Rosa City'Hall -on January 9, 1974, for the Association of Bay Area Governments to ex- plain the Regional Plan to representatives from the eight cities in Sonoma County and to County officials. The City Clerk was asked.to remind .the Council of the meeting. Resolution #6487 N.C.S. confirming the appoint- 37� ment..of David Allen Breninger as Assistant City Manager. was introduced by Councilman Daly, seconded by Councilman Harberson, and adopted by 6.- affirmative votes, 1 absentee. .City••Manager Robert Meyer reported that the City received an Executive Order from the Governor =s Office declaring the speed limit of fifty -five miles per.hour, effective January 1, 1974.,; City Attorney. Robert reported on the meeting of �d City Attorneys held -in Los Angeles December 13, 1973; which was sponsored by the League of California Cities,.on.the Environmental Protec- tion Agency -- Transportation Control Plans at which time the regulations enacted were fully discussed as were the suits now on file. There are approximately one - hundred forty -eight peti- tions -for review o.n.file. The City Attorney's. Department; has-appointed a steering committee of• attorneys whose purpose is to coordinate the attack and the attorneys will meet in January in order to recommend and guide all as to the most effective means of proceeding in the litiga- tion. It was suggested that possibly the best course of- action would be to have sort of a - hybrid class- action by select agencies with all affected contributing the cost. Further discussion on-the regulations continued. Councilman Harberson reported on the workshop held in Berkley today by the Association of Bay Area Governments, the Metropolitan Transporta tion Commission, and the League of California - Cities.. Mayor Putnam reported that Congressman Clausen met with a number of Sonoma County city mayors today and that the matter has been brought before the House. and to a com mittee of U.. S . Senate-for review and considera- tion. She added that the U.S. Senators are being contacted of t-he concern on the regulations. John- Downey, Chairman of the Mayors' and Councilmen's Association will continue to keep all. informed. Mr.- Alfred A.•Alys.,- Chairman, Public Relations, Petaluma Chamber of Commerce, stated that the Chamber completed a- mailing to the entire busi- ness community explaining the economic-impact of the • r - egulations and requesting that the Federal and State elected representatives be contacted., _It was . h:Ls -- understanding that the Environmental Protection Agency regulations were postponed a year only for the San Francisco -area. The Mayor requested that this point be clarified. 52 December 17, 1973 Environmental Mayor Putnam asked that a..copy of the..stati stical. Protection--Agency­ material developed by the City of Sonoma be Transportation: obtained ,for Co:unc -hand staff information, Control Plan (continued) Russian. River to City Manager Robert Me er r.e orted t he., fa Cotati Inter - tie. Director of Works David .Young, C City Project Attorney Edouard Robert, and Water Commissioner William- Wur ;zberg attended a meeting in Santa Rosa today held by the Sonoma County Water- Agen ;cy. - on the subject project. A Public. Hearing on the:Enviro.nmental Impact Report : -for the subject •project will -be held January 7, 1974- Considera- tion;OT the final contract will be held on January 9�,: 1974;,, and Councilman Ma;tte,i was.. dele- gated to•attend this meeting as the;.Council's - repr_esentative Adjourned.Meeting. It. was decided'to hold an adjourned. meeting at January 14w,. 1974 8:00 o',clock a..m., Monday,.January 14, 1974,.to consider an ord'inan relating to the Special Municipal Bond Election. School, Cross g Councilman Perry, Jr: r epo r ted on , _ p th e ' mee.ting Guards held November 26 19'73 with varioua school / ofT,icals s:taf:f members and Mr': -Arnold Johnson of Lampman. and Associates, City Traffic Engineer- ing Consultant. At the meeting the 'matter of - school crossing - guards was discussed'.and ' Lampman and As at "Safest Route to School" report, ,was mentioned:' This report,,.t was noted,_ will be completed. in final draft form within two , or three weeks. Referring to,- the.Traffc Committee minutes of November 26th-, Director of'.Public Work's David Young' pointed out tFrat, 'the recommen'd''ations eon- ` twined: therein f6r, , school crossing qudrds! at certain - locations, are the: recommendations; :of the .Traffic Consu_lta - t in the "�S:afe:st .Route to School -" report ; Copy Of minutes submitted and filed ,-� -: He added ,that Council decision is .re- gLiir,ed,, ,•pa- rticularly +with regard to the Kenilworth School crossing on East Washington Street. Re- Terence ' was made County Counsel's ruling that - crossing guard's are a police function and,, - therefor,e, -, under the jurisdiction of the City.. Ci Attorney :Rob e rt , concurred, •wi t ruling. In view o -f the ruling,. the Petaluma School Dis- trict -has indicated that the school will continue to fund a crossing'•guard.at.Kenilwort_h only to the end December; at which time it a s expected that the City 'will assume the responsibility. It was..co:ncluded � that .protection 'was, :needed at the cros °sing; whereupon, a motion. was made by Counci;lman.Mattei and.s,econded by Councilman Perry, Jr:,, to ,,.support and finance the crossing guard at Kenilworth._ Junior. High School subject to review o.f the ".Safest_ Route to School" re- port. and : us.ing: the same hiring range as for­, the,•cros ;sin,g guard - at East Washington,_ Street and Maria Drive,. - Mot carried unanimously.. 1 December 17, 1973 Traffic- Committee Councilman Perry', . Jr,. , reported on the Traffic ..'. Committee)Meeting held today. The items dis- cussed the meeting required no Council action. National League. of Cities - Conference. Mayor Putnam, Councilman Cavanagh, Jr. and Councilman Brunner reported on the National League of Cities Conference held in San Juan, Puerto Rico December 1 - 8, 1973. The Mayor -was commended f.or an outstanding performance as -panel moderator.: Each agreed that the Con ference was worthwhile and Councilman Brunner encouraged the City to join the National League of at the meetings. I� 53 Calculator - Building Department Vespa Scooter- - Police Department Rezoning- -2.89 Acres `S'outheast side of Casa-Grande Road Ordn #1117 NCS (second reading) Memorandum, dated December 4, 1973, to City i77 - Manager Robert Meyer. from Director of.Public - 73-7 Works David Young requesting a calculator for Building Department plan checking with justifica- tion for the use of-such a machine, submitted and filed. -A motion was made: by Councilman Harberson and seconded by-Councilman Perry, Jr., authoriz- ing the purchase of a calculator for $363.40 from the Contingena.y Motion carried unanimously. , Police Chie -f• Larry. Higgins appeared before the Council requesting the purchase of a Vespa Scooter (Mini - motorbike) for the Police Depart- ment. Copy,of,the " Vespa" material submitted and -filed. Chief Higgins pointed the advantages and uses of the scooter for the department at a, cost of $718.25.,.,= A' motion was made by Councilman ,Perry, Jr., and seconded by Councilman Harberson approving the purchase of a Vespa Scooter from Fund PS5 -73. Motion carried unanimously. Ordinance # - 11 -17 N.C.S. amending Zoning Ordinance LZIF #1072 NCS by reclassifying a portion of A.P. #57040 - from . '.'A (Agricultural) District to a C= N'(Neighborhood Commercial) District for approximatel" 2.89 acres located on the southeast side of Casa•. °Grande -, Road .southwest of the south- - easterly projection of South McDowell, Boulevard (Young and Stokes) was considered next. Senior Planner Gray presented a map_of the proposed rezoning area and explained the uses proposed the'Neighborhood Commercial Develop - ment by:Young_ and Stokes. He stated that it is. the recommendation of the staff and of the Planning Commission that the.Council make the findings as required by Section 27 -700 of Zoning Ordinance #1072 N.C.S and reclassify the parcel to a C -N District. Rezoning Area- - Frates -= Roa_d Ord. #1`118 NCS (second reading) Ordinance: #1117 N.C.,S..introduced by.Councilman Matted and seconded by Councilman Daly, was adopted by 7 affirmative votes. Ordinance #1118 N.C.S amending.zoning Ordinance,, -74,z #1072 N.C.S by reclassifying A.P. #5- 04.0 -03 from a M -G, (General Industrial) District to an M71L (Light -Industrial). District located in the ; area of Frates Road and the Railroad spur was considered next. ii December 1973 James L. Harberson - John W. C:ayanagh•, Jr. AN ORDINANCE CALLING. A SPECIAL MUNICIPAL ,BOND ELECTION- IN THE CITY OF.PETALUMA-FOR THE PURPOSE OF SUBMITTIN,G., TO. THE ELECTORS OF' CITY. THE MEASURES 'OF- IN.CU_RRING'_ A BONDED INDEBTEDNES'S OF SAID- CITY FOR THE ACQUIS'ITI'ON -., CONSTRUCTION AND COMPLETION•OF THE'F.OLLOWING.MUNI;CIPAL. IMPROUEMENT.S, TO WI'T (A) - NEW CENTRAL - LIBRARY ; ;, AND (B). j PARK,'AND +RECREATION IMPROVEMENTS; DECLARING THE ESTIMATED COST OF SAID.MUNIC °I'PAL�IMPRO.VEMENTS, AND 'EACH OF.-THEM,. THE AMOUNT OF THE PRINCIPAL OF 'SAID INDEBTEDNESS.'TO B'E,- INCU-RRED. THEREFOR,. AND 'THE MAXIMUM' RATE OF INTEREST TO BE ' THEREON ;.,MAK•ING PROVISION FOR THE LEVY AND COLLECTION OF TAXES.; FIXING -THE DATE OF SAID ELECTION AND THE MANNER OF HOLD'iNG THE SAME'AND PROVIDING FOR NOTICE THEREOF. WHEREAS, the* Council of ..the .City of Petaluma -by reso.l:ution -:duly passed and adopted :gat .w meeting of �t}he Council duly - and. regu'larly by of firmative vote - of: more' than- two - thirds of all, it °s , members, ` did de- terming that the public interest -and necessity demand the acquisition, Rezoning Area -- S`enio,r Planner Fran Gray presented a:map ,;�`�� Frates Road Ord #11.18 N.CS of the area:;'._wherebpon Ordinance #11.1.8-N.C.S.- introduced- by.Coun`cilman Mattei.and.secorided (second :a?°eading) , by Councilman Daly, was adopted by 7 affirma- r (continued). tive votes. Rezoning Area -- Ordinance #1119 N.C."S. amending Zoning, Ordinance Stony Point Road and Denman Road- #1072 N -C.& by reclassifying A .P. #7- 422 -0 from -an M - (-Light Industrial) Dist- rict.to,an: Ord #1119 NCS R -M-G ,`(Garden Apartment Residence)-D (second reading) _ was-considered next. Senior Planner Frank Gray presented a map of, the-area (Leisure Lake' Mobilehome Park) ;- where- upon, Ordinance . #111.9_• N. C _S . - introduced .,by. Councilman Mattei, seconded by.Counci1`man,P`erry, Jr. , was adopted.-by- '7 affirmativ_e' votes:. _ Rezoning Area - -. Ordinance #1120 N,C.,S. amending Zoning Ordinance, L , Lakeville Highway and Perry Road #'1072 NC reclassifying A.P. - #5- 03.0 -20 from a C H (Highway Commercial) District to an R -M -G Ord 41120 NCS (Garden A- aa_r.tment. Residence) District located (second reading) at the intersection. of' Lakeville Highway and Perry Road wa °s:,consid'ered next. S'enior'Planner Frank Gray presented a,map of the ' area (Perry Trailer Park); whereupon -, .' .Ordinance, #112:0. N. C:. S , introduced by Councilman Mattei, seconded by Councilman Perry-, Jr., was adopted-. by 7 of f irmative- votes. G)'O T Special Municipal Ordinance ' #112,1 N.G.S... calling a °Spec,ial Bond Election Municipal Bond , 'Election March 5, 1974 , was adopted by_ 7 af'1itiriative votes as -follows (said ordinance- becomes- effective upon its adoption): Ordinance No. 1121 N..C..S. INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN James L. Harberson - John W. C:ayanagh•, Jr. AN ORDINANCE CALLING. A SPECIAL MUNICIPAL ,BOND ELECTION- IN THE CITY OF.PETALUMA-FOR THE PURPOSE OF SUBMITTIN,G., TO. THE ELECTORS OF' CITY. THE MEASURES 'OF- IN.CU_RRING'_ A BONDED INDEBTEDNES'S OF SAID- CITY FOR THE ACQUIS'ITI'ON -., CONSTRUCTION AND COMPLETION•OF THE'F.OLLOWING.MUNI;CIPAL. IMPROUEMENT.S, TO WI'T (A) - NEW CENTRAL - LIBRARY ; ;, AND (B). j PARK,'AND +RECREATION IMPROVEMENTS; DECLARING THE ESTIMATED COST OF SAID.MUNIC °I'PAL�IMPRO.VEMENTS, AND 'EACH OF.-THEM,. THE AMOUNT OF THE PRINCIPAL OF 'SAID INDEBTEDNESS.'TO B'E,- INCU-RRED. THEREFOR,. AND 'THE MAXIMUM' RATE OF INTEREST TO BE ' THEREON ;.,MAK•ING PROVISION FOR THE LEVY AND COLLECTION OF TAXES.; FIXING -THE DATE OF SAID ELECTION AND THE MANNER OF HOLD'iNG THE SAME'AND PROVIDING FOR NOTICE THEREOF. WHEREAS, the* Council of ..the .City of Petaluma -by reso.l:ution -:duly passed and adopted :gat .w meeting of �t}he Council duly - and. regu'larly by of firmative vote - of: more' than- two - thirds of all, it °s , members, ` did de- terming that the public interest -and necessity demand the acquisition, December 17, 1973 construction: and completion of the municipal improvements, and.each of them;.hereinafter - mentioned -,s and,d d further determine that the:cost of said- proposed municipal improvements, and each of them, will be too great -to be paid out of the ordinary annual income and revenue = said municipality -and that each of said municipal ;improvements will require - an expenditure greater than the amount allowed therefor by the annual tax- levy; arid, will require the ineurring�of a bonded indebtedness therefor - which resolution - was­ duly entered on the minutes of said meeting:'of the Council, and'is now on file and.of record in the Clerk's office-of said city; NOW, THEREFORE, THE COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS FOLLOWS: Section'l A special municipal bond election shall be and is hereby ordered.'a-nd will.be held in the City*of Petaluma (the "City ") on.Tuesday,, March 5, 1974;:at - which election shall be submitted to the qualified electors of the'City the question of incurring a bonded in- debtedness oP the City for'the objects and purposes set forth in the following measures, and eacli °of them, to wit:'- 1 ` � CITY OF'PETALUMA BOND MEASURES - MEASURE-(A):- Shall •the•City of• ; Petaluma New - "'Central- incur a-bonded indebtedness Library) -- ins the principal amount of $750,000 for the acquisition YES . construction completion of-the-following municipal-- improvement,•to wit:•.A. new central library, including site development-; land - scaping and park°i°ng- -area, together with equip - ment, furniture and fixtures; - lands, easements and rights -of -way; and other works, property NO Or structures necessary or convenient for a new central library for the City of Petaluma? MEASUR (B): -Shall the City of Petaluma ( Parks and incur a bonded indebtedness Recreation) in the amount of $1 for the acquis- YES tion, construction, and completion of the following municipal-improvements wit: Park and recreation - improvements, including acquisition of land; development of new parks, including fill, grading, and other improve- r ments; improvements'-to existing parks; equip- ment, furniture, landscaping, lands, easements and- rights -of -way; and other works, property NO or•structures necessary or convenient -for park and recreation improvements for City of Petaluma? 55 11.1 1 The estimated cost of the municipal improvement as set forth in Measure (A) (New Central Library) is the sum of $1,250,000 and the amount of.the indebtedness proposed:to be incurred for said municipal improve - ment is the sum of $750,000. It is contemplated by the Council that GaM �,7 December 17, 1973 the difference between the estimated•cos -and the amount o.f,said,indebted- ness will be made up from mone-ys,to be contributed by the County of Sonoma, but the Council reserves the r- to .provi otherwise for..t'he_.payment of said estimated cost, or.if skaid; moneys. are not available, to reduce the cost of said municipal. improvement to the amount to `be' provided, from the proceeds of sale of said bonds together with other funds actually available for said, improvement.;.and said estimated cost herein set, forth, shall not be to constitute a• limitation or condition upon the is- suance of any of the bonds authorized for said.purpose. The estimated -cost of,the municipal improvement.as sot-forth in Measure (B)'• (Parks and Recreation) is the . of $1, 900, 000; and the amount of the indebtedness - osed to be incurred for said municipal. improvement is the sum of $1 The' estimated cost here- inabove,. stated of. each such municipal • S improvement includes legal and all other - fee;s incidental to or connected with the authorization, issuance and sale of the bonds evidencin'g'.the indebtedness proposed to be- incurred for such"munici:pal improvement and the costs of printing said bond's and all other costs and expenses in- cidental to or connected with the authorization, issuance and sale of said bonds. Section 2. The-,Council ''does'. hereby submit to the qualified electors of City-.at said special municipal bond election said measures, and each of them, -set forth in Section 1 of this ordinance, and designates and refers` to said' measures' as . th e - measures to be ''set forth on the ballots hereinafter prescribed for use at said election. (a.) .: Said .special municipal .bond; .election . shall be hold and ' conducted, and the votes.-thereof canvassed,'and the re- turns thereof made,-and the .result thereof 'ascertained andidetermined,, as herein'provided; and in all particu- ,lars.not prescribed by this ordinance; said election" shall be held as provided'_by law for the holding' of i municipal elections in the City.: ( � All persons qualified, to vote at. 'munici,pa -1. elections; in the City upon the date of t_h'e election hereon provided f or, shall.be q ali led to vote upon the measures sub- mit ted at said special municipal bond election. { (c) The polls at.the polling places hereinafter designated s .hall be opened at ,. :.0'0 0' c lock. a.m, of- . `sad d'ay 'Jo'f . . . election and shall :be -kept open coatin�uously thereafter until 8:.00 o',c.lock p.. m., .of 'said day o•f, election, when the{ polls shall, be closed, (except_ as provided . In Section 1443,6 of the Elections Code.)_ , and,the election 'officers shall thereupon proceed to .canvass the ballots cast thereat. (d,) ' Fori the conduct, of the election, the City' will be divided into special.election,precincts.,~ Said special election precincts and polling places therein and the election of;ficers.appointed _ to conduct the election thereat will be designated by. supplemental ordinance to be adopted by the "Council prior the election:. (e) The ballots to be,used at said special municipal bond election "' shall' be °substaritial'ly" "in "the _fol °lowing form, to wit: F_� December 17, 1973 1 1 1 No.' (This number shall be torn MARK CROSS (+) BALLOT off by Insp'ector ONLY•WITH RUBBER STAMP; handed to the Voter.) NEVER WITH PEN OR PENCIL. No."' (ABSENTEE' BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) (Fold' ballot to this per- forated line, leaving top marginexposed.) . . . . . . . . . . . . . . . . . . . . . . . MUNICIPAL BALLOT SPECIAL MUNICIPAL BOND ELECTION CITY OF PETALUMA Tuesday', March 5*, 1974 INSTRUCTIONS To To vote on any measure, stamp a cross (+) in the voting square after the word "YES" or after the word " NO - Al'l marks except- the cross are for- bidden. All -ma,rks or erasures are forbid- den* and' make th vo - -If 'wrongly stamp, tear o? deface 'this' ballot, return it to "thee Inspector of Election ar0 obtain another. On absent voter ballots, .:i .,mark a cr with pen or pencil. MEASURES SUBMITTED TO VOTE OF VOTERS. MEASURE (A) ':. 'Shall the City of Petaluma incur (New 'Central a--bond'ed indbbtednbss- in*the' Library) principal_amount of $750,000'for the acquisition, construction YES and of the following municipal im- provement," to' wit: A- ftew,centra libr , - in . cludin'g 'site development, landscaping and pa'rk are a tcget fu'rni- tufe and' fixt lands easements' and NO rig1its'-of--:waCy'; and oth6r works,' property. or -structures I neces'sary or convenient onvenieht for a central library for the City of Petaluma? I MEASURE= - (B')': Shall the City of Petaluma-- incur a' bo'nded *'ind'ebte'dness- in :the• principa'l I amount of - $1,'90 , 0. - .,,000. YES for-the acquisition, construction and completion of-t-he fo1`1bWing--'mun"­ici-pal im- - proveme-n-t to wit`: Park-and recreation improve- i , ments, nclu - fng -acquisi a" , ' - ' ' tion of Idhd � - - ment of new , parks, including fill, grading, and other impro . vements; existing parks; equipment,, furniture, landscaping, lands, NO easements and rights -of -way; and other-'-works property or structures necessary or convenient for park 'and recreation improvements for the City of Petaluma? 5T December 17, 1973 (f) Each voter may vote - on -any or all of: said measures.. In any precinct in wh ch otoma'tic or Accuvote - bal'lot cards are used, to vote for any measure hereby-submitted and for-in- cursing said bonded ind each voter shall-punch the ballot' card' in„ the hole i after- the word. "YES "., to the right of said measure, and'to vote against said measure - . and against incurring said indebtedness each voter shall punch',the ballot card ,in. the 'ho'1e wfter the word "NO" to 'the 'r - ight of -said measure.: ' Where paper ballofis .are pro- vided for voters, to vote,'sfor any measure, hereby submitted and for incurring said bonded indebtedness,. each.woter - -shall mark, an K after .the. word "YES" on I the ballot, to the right of said measure, and to.vote- against said measure and against incurring said indebtedness, each "voter shall mark an_X,after the word "NO" on the ballot to the right, of said measure. Absent.voter ballots setting forth said measures, and. each, of .them - ,- shall be issued.-to-qualified electors residing.,wthin the City entitled thereto, .in_ the manner provided by law,, and such .absent ;voter ; ballots , ,shall be canvassed by the City Clerk of said City. (g) 'On the first Tuesday after said. special municipal bond_." election.the Council shall canvass the returns o'f.ssaid spec -ial municipal bgnde'l'ection - and cause - to be.."spread upon its minutes a statement of, the _ results of said municipal bond election as.' a'scerta'ined - by - said canvass. Section The Council proposes to issue..and sell, bonds of the City for the jests and purposes,, .but not exceeding the amount ,specified in said respective measures, i,f.twb- thirds.of the qualified electors voting on-each-separate measure at said.special municipal, bond election shall vote in ..favor': of - each of said measures;. provided; however, that the votes cast for and against each of said respect ve measures shall . be counted separately and, when two - thirds of the ; qualif ed electors voting on any one of -said measure "s" "vote ""in - :favor - thereof; such measure shall be deemed adopted and bonds.o'f the City in the aggregate amount 1. specified in the measure or measures which carried by the: aff'rmative vote - of two- tY_.rds of the " " qual?fe`d "electors','o "f the City'votng said measure or measures. at.:said- election shall thereby, -be .author_ zed to be issued and sold for the objects and purposes specified measure or measures which-received such-,.affirmative number- of vote Sa d..bonda shall .be negotiable, in, foam :and 'oI the character known as serial, and. shall, bear at..a rate not. to .exceed seven percent (`70)` per annum, payable semi- annually (.except that, interest for the '-first ,.year after the date o,f: said" -bonds may be .made. payabae,_.at, qr before .the, .end .of. sa:d..year)...- Provision is hereby - made for the .payment of the principal of and interest -:on . said bon" d,s as followsi At the time of making the general tax levy after incurring the bonded'indebtedness and annually thereafter until the bonds are. paid or until there_ ..is a ' sum in the treasury :set apart for that purpose sufficient to meet a1,1 meets` - of principal "and "interest " " on °t °he - bonds` - _as - they - become -duo ... e Council. shall levy- and collect a sufficient to - pay the interest on the bonds -.and such part of the.principal -a,s will become - due - before the proceeds - of .a: tax ._levied at -the, .;next general tax levy will be available; provided, however, that if sa d..bonds ar:e- authorized to be; issued at said it is expec.te;d -that• all-or. any pa of said bonds will - ,be! :sold -at , s:uch: time that 4t'he principal of or inte_re'st on such' bonds will 'become: due: before - .t , he ,proceeds, of a tax levied after such sale would .be available to pay' - such; - prihc-i.pAl. or interest, the Council, at the time. of ,fixing .the. annual -tax-. „ may levy °in an, amount clearly sufficient: to pay.: that portion .of. the ,principal, of and interest on said bonds 'Which it _ i.s _ expected- mi11- become -:due before, the pro : cee,ds of the next tax levy will. be 'available. If - the earliest, maturity of the-bonds is more than, one,- year:. after, ,the date of issuance, the 1 591 December 17, 1973 Council shall 'levy and collect annually ,a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for the pay merit of -the principal on or before maturity.- Such taxes shall be levied. -and -- collected as- other 'City =taxes and shall be in addition to all other•:taxes and shall be used only-for payment of the bonds and the interests thereon. Section 4. The City Clerk of .the.City' is hereby directed, upon'the passage and adoption -of 'this ordinance, to. publish the same once a day'':for'at least - seven (7) days in the PETALUMA ARGUS- COURIER, which is a newspaper of-general. circulation published at least six (6) days.•'a week in the City, -and such publication shall constitute notice of said election. No -other notice of the election hereby called need be given. Section 5. This ordinance shall be forthwith entered upon the minutes of tom Council and in the ordinance book of the City. This ordinance, being an ordinance calling and- ordering an. election shall - take effect from and after. -its adoption.- . PASSED AND ADOPTED this 17th day of-December, 1973, by the following vote: AYES: Councilmen Brunner, Cavanagh, Jr., Daly, Harberson, Mattei, Perry, Jr., and - Mayor Putnam. NOES: None. ABSENT:,.' .None. _ - -Helen Putnam Mayor Attest:' . Lillian Nommsen City Clerk' Tax Rate Statement -- A. motion was made by- Counc.i-lman Daly and sec- F Library Bond Issue onded by Councilman Cavanagh, Jr.,,approving the tax statement for -the Library -Bond Issue. Mot -ion carried unanimously. Tax . Rate Statement --" A motion-was made-by Councilman Daly and - sec - ' L, 0 Park Bond -Issue onded by Councilman Cavanagh, Jr -., approving, the tax statement for the Issue. - Motion carried unanimously. 1974 Holidays City Manager Robert Meyer presented two proposals Res 46 NCS for Council consideration of 1974 Holidays for 37-- r the employees of the_ City bf Petaluma. He stated that sixty -four employees wrote in July 5th for a weekend : in- lieu of November 11-th., but he explained that it will-cost, tYie City additional-money-for this holiday. After con- sideration of the matter, Resolution #6;488 N.C.S. establishing holidays for - the employees of the City of Petaluma for.the calendar year 1974 (excluding July -5th) was introduced by Council - .- man_'Mattei, seconded by Councilman Brunner; and adopted by 7 affirmative votes.. Ceramic Tile -- Irr• response to Councilman Perry*, Jr., Mayor Seal of the City Putnam stated that the staff is proceeding of.Petaluma with ordering the ceramic tile of the seal of the City of Petaluma as authorized by the Council. 60 December.17, 1973 ABAG Election Councilman Cavanagh,, Jr., urged Council members to vote for_ P.residerit and Vice_ President of the- As so.ciatloft of_ Bay Area ' GoVerrimellts when the ballots are redelved by the" City.. - Adjournment There being no further business to come before the Council, the meeting was,adjourned to. 10 :10 o'clock m: May:o_r. Att St. _. City, C e:r