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HomeMy WebLinkAboutMinutes 01/06/19753V' MINUTES OF MEETING OF CITY. .COUNCIL PETALUMA,.CALIFORNIA January 6, ' 1975 COUNCIL MEETING ATTENDANCE INVOCATION APPROVAL OF MINUTES CONSENT-CALENDAR Agenda Item #1 Denying Claim- - -. Scott A. Smith Res #6786 NCS Agenda Item #2 Denying Claim- - Konrad Woolley Res 46787 NCS Regular meeting of the City Council of the City of Petaluma was called to or.der.by. Mayor.Putnam at the hour 7:30 p.m. Present: Councilmen Cavanagh., Daly, Harber•son, Mattei, Perry, Jr., and Mayor Putnam. Absent:_ Councilman Brunner. Reverend Donald.F. Moore, Church of the Nazarene, gave the invocation. The minutes of December 16, 1974, were approved as recorded. A motion was made by Councilman Perry, seconded by Councilman Mattei, adopting the Consent Calendar, Agenda Items #1 through #5. Motion carried unanimously. �I Resolution #6786 N.C.S. denying the claim of Scott Aaron y Smith was introduced by Councilman Perry, seconded by Councilman Mattei, and approved by 6 affirmative and 1 absentee votes. Resolution 46787 N.C.S. denying the -claim of Konrad 2/ Woolley (a minor) was introduced by Councilman Perry, seconded -by Councilman Mattei, and approved by 6 affir- mative and 1 absentee votes.'' Agenda Item 43 Application filed with the Alcoholic Beverage Control by °1/ ABC Application-- Wilco Stores, Inc., for Giant Variety, 317 East Giant Variety Washingt for Off -sale Beer and Wine License was approved. Agenda Item #4 Application filed with the Alcoholic Beverage.Control by ABC Application -- Cleon J. Ruegge for On -sale Beer and Wine License for ..Fair West Fair= °West, 741 Western Avenue, change of ownership was approved. , Agenda Item #5 Application filed with the Alcoholic Beverage Control by r / ABC Application-- Cleon J..;Ruegge for Off -.sale Beer and Wine License for Fair West Fair West, 741 Western Avenue, change of ownership was approved. RESIGNATION - - Letter dated December 18, 1974, from Kenneth M..Wightman, i- KENNETH M.'WIGHTMAN, Chairman of the Library-Board of Trustees, submitting LIBRARY BOARD his resignation was read by the City Clerk. Councilman Perry entered -a motion to table the matter for 30 days,.motion was.seconded by Councilman Cavanagh, and approved by 5.affirmative,'.1 negative, and 1 absen- tee-votes. BICENTENNIAL Upon a motion made by Councilman Cavanagh, seconded by V/ COMMISSION STATUS-- 'Councilman Perry, and - approved by 6 affirmative and 1 PERMANENT PROJECT absentee .votes, this item was moved from its 16th place _..' on the agenda under "New and Unfinished Business" to ".Petitions and.Communications." January 6, 1975 BICENTENNIAL A letter addressed -to the City Council from Kenneth J. COMMISSION STATUS -- Colin, Chairman of Petaluma "s Bicentennial.Committee, PERMANENT PROJECT dated December.31, 1974, was read and ordered filed (continued) along with the attachments to the letter. Mr. Colin advised the Council the Bicentennial Committee is now ready to.apply. for national and State-status; and in order to submit an application, it.-must stipulate a permanent project the Petaluma Bicentennial Committee will undertake. It selected the retention of the present Carnegie Library-as a library'- museum.. :.. Councilman Mattei questioned whether or not the .scope could not be broadened-for the use of the present library to..:encompass the senior citizens' activities as well as.other activites, rather than restricting the use to a hibrary- museum. In the ensuing discussion, the Council.-.felt that perhaps the permanent project should indicate the Committee would str ve.'toc °preserve Petaluma "s Carnegie Library as many of the structures throughout the country have been either torn down or -are no, longer in use. City, Attorney" Matt Hudson said the Bicentennial Program calls for three kinds of projects which.may or may not include a per - ,manen uproaect� S the case''_7:oft,theaPetal,uma L; ibraryaythergeassac liefor:e^'th`en.Gounbiil iforha ipein . en-tup;roj'eet, involving a building which. h s some legal .ramifications ­He also st ;: is. an old building,, however he, did not see any objection to using this building .the..Committee,'s permanent project, subject to all the approvals which may be necessary and all the restrictions which.might become necessary._ The Council concurred the Carnegie Library should-be the Bicentennial.Comini- tte's permanent project. Mayor Putnam askedo,thetCityaAttorney Matt Hudson,,.to work with Mr. Colin in preparing the application.and bring it back to the Council for approval.at. the adjourned meeting Monday,.:January_ l3t.h. Mr.. Colin reported he had been advised by City Attorney Matt Hudson that if the Bicentennial Committee were to continue and hold public affairs during the celebration year, it would be wise for them to .become incorporated % Mr. Colin also said.Mr., Hudson advised he:would.not be_able to act in the capacity of attorney for. the incorporation and advised--the Committee to hir -e .a. "private attorney. .City Attorney Matt Hudson.clarified the matter by stating he was concerned if he acted in the capacity of the incorporating attorney it would be an expenditure of public funds. He could, however, act in this capacity if the. Council decided to approve a contribution, to" the" Committee in the. form ,of ser- vices of.City employees; and, unless the.Council did act in this.manner, it might.be considered a gift of- public funds.. 'Until such time 'as the Council decides to put up time and money contributions to the Committee, the :City Attorney advised he feels that neither he nor any other City employee can donate time to. the activities, of the Committee. .,Mr. Hudson further advised that, he could,.however, take care.of the preparation of the application because. it involved, the Mayor's signature. - Councilman Mattei questioned why, when the Committee was appointed by the Mayor, it would have to act in;a separate capacity. City Attorney Matt 'Hudson advised. the Mayor appointed ce individuals to set up the Bicentennial Committee, but._after.the. appointment, they were to act on.their own. They were different from other-committees-appointed by.the City; for.one thing., none.of the, committees could become incorporated. City Manager Robert Meyer stated that at the time of Petaluma`s Centennial celebration, the Committee selected to work on the celebration became incorporated and worked as .a separate entity. Mr. Hudson stated.he advised the Committee to incorporate because if they put on an event and somebody.was injured, .they. could individually be liable. Once incorporated, Mr. Hudson stated, they could be insured.and if.the.City made donations in services or money, the City, likewise, should' be named as an insured. CLAIMS AND BILLS Resolution #6788�N.C.'S. approving claims and.bills RES 4 6788 NCS #2496. to #2594-, inclusive, and #2617 to. #262'9,, in- clusive, approved for payment by City Manager Robert Meyer, was introduced by Councilman Harberson,,secon- ded by Councilman Daly, and approved by 6 affirmative and 1 absentee votes. POLICE DEPARTMENT -- Memo dated December 20, 1974, from Larry J. Higgin:s:,. �j BULLET PROOF VESTS Chief of .Police,'to City Manager ..Robert Meyer was reviewed by the City Council. Chief Higgins spoke -to the Council stating they had investigated several January 6, 1975 POLICE. DEPARTMENT. different brands of .bullet -proof vests and found the BULLET - PROOF VESTS brand "Second Chance" to.be the most favorable. It is (continued). manufattured.from a material called Kelvor with a nylon coating and each.vest weighs from two and one- - half to three pounds. -They collaborated with the Sonoma County Sheriff's Office in testing the various vests and found that the Second Chance vest was effective at close range for.all of hand guns, including a 357 magnum. No protection was provided, however, against a 30- caliber rifle. Chief Higgins.conceded the fact the vest in hot summer weather would be very uncomfortable as they must be worn next to the skin to create some moisture in order for them -to provide ultimate protection. There would be some objection from the officers.to wearing them during the summer season; however, he indicated.the.regulations.of the Police Department would stipulate when the wearing of the vests would be mandatory. The Department would need some latitude, however, to indicate times when the wearing would be permissive. Chief Higgins' request was to furnish the 37 officers in the Department with bullet -proof vests. Councilman Cavanagh brought up the question of reserve police officers and are we going to provide them the same protection. A short discussion followed.and.it was:the consensus of the Council that 15 additional vests should be-purchased separately.in order to.prov:ide the same protection for the reserve police officers as the regular police officers. City Manager Robert Meyer suggested that two purchases- -one for 37 vests to outfit the regular police officers and one for 15-vests to outfit the reserve officers - -be made and funded through Revenue Sharing Fund 17 -75. A motion was made"by Councilman Harberson, seconded by Councilman Perry, and approved by 6 affirmative and.1••absentee.votes for.the purchase.of 52 Second Chance bullet- proof vests.'in two:purchases - -one of 37.vests to outfit regular officers at a cost of.$2,769.25 and the..second purchase of 15,vests.to outfit reserve officers at a'cost of approximately $1,073.25.. MOUNTAIN VIEW City. At:torney.Matt Hudson informed the Council he had ESTATES SUBDIVISION been contacted by the attorneys for the bonding company (CAMILLE ENTERPRISES). stating that a_clerical error-had-been made in issuing the-Labor and.Materials Bond -for Mountain View Estates - Subdivision. The Faithful. Performance Bond required by the City amounted.to $116,000 and.the Labor and Materials Bond normally would-have been 50 % that .amount or- $58,000.. _The attorney for the bonding company felt that through a clerical:error the bond-had been issued in the amount of $80,000. Mr. Hudson - :stated there.is nothing in the agreement which says the Labor and Materials Bond could not be more than 50 %. He advised the Council that.since Camille Enterprises had gone into bankruptcy and.there are a considerable number•of.claims.from suppliers and - subcontractors, they may well exceed the $58,000. The attorney for the bonding company has.asked the Council to pass a resolution stating the amount of the bond should be $58,000 instead of $80,000; however, Mr. Hudson advised the Council to take no action to reduce the amount of.the bond. 345 Some discussion followed on the progress of.the work remaining to be done in the subdivision. Mr. Hudson .stated there really hasn't been anything accomplished since the matter was last brought to and the bonding company is still trying to work out -the details. _He :did state, however, the.. City could do nothing at.this point until_the•bonding:company� has made its determination:. Mr. Hudson.indicated. -the local:lending.agency is.as anxious as the City Council to. have :.some work -done on the project - and, bring. it to a final conclusion. CALENDAR OF City Manager Robert Meyer informed the Council of the UPCOMING EVENTS following meetings: 1: _ Mayors and Councilmen'.s : Association meeting, Thursday, January. 9, 1975,.Sonoma Joes's 2. The signing ceremony for the cooperative agreement for the Library, January 13, 1975, at noon 3. The Planning Commission meeting, Tuesday, January 14, 1975, when the County Planning Department will discuss the County's General Plan January 6, 1975 CALENDAR-OF 4.. A meeting to be held_Wednesday, January 15, 1975,' UPCOMING EVENTS at the Marina in .Sari Leandro when L. Russell. (continued) Freeman, Deputy Administrator, Region IX, Environmental Protection Agency, will speak on the challenges of.the environment 5. The Redwood Empire Division meeting in Vacaville, January 18, 1975, the first meeting which Vice - mayor:Cavanagh will preside as President 6. , . Mr. Meyer - reminded . the Council- that the .hearings of the. California ':R.egional:Water"Quality Control Board on�the tentative water control plan for the San Francisco Bay. - Basin.will be upcoming 7. February 5 =7, 1975, the Annual Institute on Labor .Relations for City .officials to•be: held at the San.Prancisco Jack Tar Hotel CETA APPLICATION City Manager-Robert Meyer informed the Council the City .may :be -el gib`le:. for =a number of - positions under - �/ the Comprehensive Employment and Training Act., which - is funded by the Federal Government. In order to take advantage of the program, the City .must forward its application :to the County of Sonoma,' -which is'adminis- tering it for the.area, no later _than.Tuesday,.January..7, 1975, and =the County must submit its request no later.than Friday, January 10th. In reviewing the possible positions' that could be 'used to the .best. advantage, to the staff has recommended the.Council apply for positions':to-include.2 painters, I equipment..me'chanic aide, l water utility aide., 2 police service aides,.; 3 junior typists, 3 community survey technicians, and 5 maintenance .worker aides. A motion was made by Councilman Perry, seconded.by Councilman Har- berson, and approved by 6 affirmative and 1 absentee votes authorizing the City to request 17 positions under the•CETA•Pr.ogram. WASTE 'DISCHARGE City Manger-Robert Meyer referred to a- letter dated REQUIREMENTS - - January 2, 1975, addressed to Mayor Putnam referring WATER POLLUTION to the Council's letter of-December-16, 1974. The CONTROL .PLANT letter is. the.City. Clerk. Mr. Meyer found it interesting that the letter referred to the fact the disposal.of.toxic•and poisonous waste materials would be -the responsibility of. Sonoma.County -under the provisions of its solid waste plan. Director of Public Works David Young advised -the Council he has been in..contact with Don .Head. .Sonoma County .Director of - Public •Works, -and would have some further developments .to report to the Council' (. this 'matter at a future meeting. BUDGET _PREPARATION— COUNCIL INVOLVEMENT City Manager Robert Meyer reported that under- the provisions of the City Charter, Section 24 g., the responsibility for the preparation of'. the , budget lies with the-City Manager with the cooperation -:of the various _departments. He requested, - however, ;for. the_.1975 -'76 •budget that instead of the Council reacting to_a_preliminary budget presented to them, they become involver? pr -or to preparation .of.the preliminary budget.. He asked permission of the Council to .set aside January 13, 1975, for discussion of the 1975 -76 budget and also requested.that perhaps some policy decisions regarding the budget could be made at that ti-lie. The Council concurred with Mr,. Meyer's recommendation and a session for discussion of the budget was scheduled for January 13, 1975. NEIGHBORHOOD CHURCH DEDICATION Mayor Putnam reported she had attended the dedication of the enlarged Neighborhood Church located on McDowell Boulevard on Sunday, January 5, 1975. I J 1 ►, ' January 6, 1975 34 PROGRESS REPORT-- Director of Public Works David Young, Chief Fiscal / INTRA -CITY Systems Analyst John Scharer, Assistant City Engineer / TRANSPORTATION Tom Hargis, and Administrative Assistant Bill Liebel SYSTEM gave-a comprehensive slide presentation entitled "Progress Report to the City Council,-City Bus Sy_­- tem, "'- dated 6, 197 a copy of which is on file with the City Clerk: The report outlined the sources of funding: UMTA - -80%, $236,400; MTC Funds under the provisions of SB 325--20%, $59,100, for a total of $295,500: - Said funds can be used for the capital costs for the transportation system. The costs were outlined as follows: Five- diesel- powered 25 -30 passenger buses at $55,000 each, $275,000; communications equipment $10,500; bus signs, $4,000; and, miscellaneous expenses up, $6,000 for a total of $295,500. The report recommends a four -bus fixed route system with the fifth bus to be used as a-spare and/or for response basis. The personnel needed to administer such a system would be 12 drivers, 1 supervisor, and 1/2 clerk typist: The estimated personnel cost for the first year of operation would $171,890;.- maintenance cost, $32,550; $10,230; office supplies and expense, $2,500; and, insurance $8,000, for a total operating expense for the firs_ year of $225,170. The report showed the anticipated cost and sources of funds over a five -year period, up to and including 1979 -80, on both a schedule without replacement fund and with bus replacement fund. The reports were explained thor.ougIly by 'Director of Public Works - David Young. Mr. Young stated the reports were based on the assumption of a no- fare system and in this report they did not - consider patronage (This would be a separate - report and they plan to come back to tfte Council with these figures in a subsequent progress report.) Mr. Young recommended, on the basis of the report submitted, the Council - consider three resolutions to be approved the next Council meeting: One.-would be to authorize the staff _o prepare a UMTA grant application and the Mayor to sign °the same;- a resolution authorizing this year's SB 325 application'be an Article'4 rather than an.:- Article 8 application authorizing , the -staff to prepare the application and the Mayor .o s_gn it; and,-a resolution requesting MTC apply last year's claim to Article 4 rather than Article 8 in the amount of $189,000. Mr. Young stated the staff in preparation the report, had interviewed the Santa Rosa Transit System personnel and _he two school districts serving - Petaluma (the Petaluma School District and the Old Adobe Union School District). They agreed. that-in order to have better control= over the system, it would be advisable'to hire the drivers directly rather than g_Uing through a third party. Mr. Young-also stated in talking with Mr. Castleberry of the Petaluma School District-that some-arrangement could possibly be made with School District for the maintenance of the equipment as-they have an establishedd-1 gaaage shop large enough to handle this type of equipment. Mr. Castleberry also indicated the patronage of school pupils from within the City going to and from school could be extensive, so much so that the staff is considering ins�_�it>>ti,Ug some sort of a - bus "scramble system" for these hours rather than a normal routine. At the present' 'time, the school bus system in the Petaluma operates only outside City limits. Mr. Young stated that on rainy days many students are transported to by their parents creating additional traffic problems in and around the schools and, in his opinion; was an inefficient of compared to transit. In response to Councilman Cavanagh's questfon why the diesel biise_ were selec- ted and why they were so expensive, - Bill Liebe the Administrative Assistant, reported they had received figures from bus companies and it was neces- sary to add 1% per month inflation trend to the anticipated purchase price The buses would be capable of -- handling handicapped- 'people with a hydraulic lift for wheelchairs and'were - air- conditioned. The preliminary plan worked out by the staff calling - fora four -bus system running at 30- minute intervals was based on 'the anticipated ridership of those persons in the over 62 and under 18 age categories,'which total 49 % - of the City's population. Final determination on patronage cannot be established, however:, until some sort of survey is taken. 'Mr.-Young also indicate'd the staff - plans to traverse the routes using stop watches up a proposed routing system. January 6, 1975 PROGRESS REPORT- Some discussion was held regarding the City providing INTRA -CITY bus transportation for school children. City Manager TRANSPORTATION Robert Meyer indicated this probably would not create SYSTEM any problems.in,the morning hours; however, in the (continued), afternoon when .resi�_lents were using the bus .system for shopping and 'so forth, the school scramble system may interfere with the regular routing of the buses. It was also indicated a transportation system could relieve some of-the parking and transportation problem` :in the:early.morning and late evening hours.for persons who now commute on.the.G'olden Gate Transit System. At the conclusion of the.discussion,..a motion was,made by Councilman Harber -. son, seconded by Councilman Perry, -and approved by 6 affirmative and „1 absentee votes for the staff to prepare the applications for the various grants, the resolutions to.be prepared by the-City Attorney for Council consideration. FAIR LABOR Resolution #089 N.C.S. rescinding Resolution #6773, STANDARDS ACT, N.C.S. was introduced by.Counc.lman Daly,. seconded. by RESCIND RESOLUTION Councilman Perry, and approved by 6 affirmative and 1 RES 46789 NCS absentee votes.: City Attorney.Matt- ,Hudson eminded the Council that on December 16, ,1974, the Council .had ,adopted. Resolution 46773 'N..C. -S. pertaining to certain provisions of the Fair Labor Act.specifically _establishing. work periods for Fire and Police,personnel , in the of Petaluma. -On De= cem6er 31, 1974, the Mayor.had received a mail-- o- gram.from Chief Justice Warren E. Burgher, acting for the United States Supreme,Court,, wherein he enjoined Department of Labor.from applying the Fair Labor Standards Act to cities. The City Attorney advised.the Council to pass the resolution before. them rescinding the previous resolution until the provisions_ of the Fair Labor Standards Act are defined more- clearly by the Supreme Court.. Mr.. Hudson cautioned the Council, however,, _that even though the law is no longer, the law of the land,, it is possible it could be reinstated at some future .date, retro- actively. He wanted the Council to be aware of this possibility. STATUS REPORT-- Fire Chief Joseph.Ellwood reviewed a memo directed by., SPRINKLER SYSTEMS him to City Manager Robert Meyer, dated, January,2, RE,SPRINKLER 19,75.. A copy of the memo is,on file with the City ORDINANCE. .Clerk. „ Chief. Ellwood stated his ma-. D,urDo_-e for addressing the Council ,this evening,was ,to bring,them up to date on the survey of the downtown sprinkler systems as well as the status of the sprinkler ordinance; which had been prepared in draft form some time ago. Chief Ellwood .stated the_ survey com- pleted by Delta Fire Protection, Inc.,,the consultant hired to make a study.of the downtown commercial district, indicated,fire,,protection, could be greatly_ updated throughout .the high value.area,of the City .by installation of auto- matic sprinkler systems. He also .felt at this time, the cost of implementing the sprinkler system, approximately $`2,000,000, would be .economically, un- feasible at the present .time... It was his recommendation that the Council defer alw action on this project. With,referenee,to the proposed ordinance requiring supervised automatic sprink- ler systems in new buildings, Chief Ellwood indicated there are still a number of questions which need to be explored by the.Council Committee. He also recommended against the introduction of such legislation at,this time because two,,c .t es which had previously adopted such leg- islation are now in the midst of litigat ion= Councilman Daly, a member .of the Council Committee studying the sprinkler ordinance, stated i,t was his understanding this matter was to be referred back to the Council Committee before coming to the City Council. It was his understanding that a se-o�Id: meeting had never been held. Mayor Putnam suggested,that since Councilman Brunner,.the other member of the Council Commit.tee,.was, not.,present,at the Council meeting this evening, the matter be given back to the Committee. 1 1 City Manager kober_ reported that even though $2,000,000,was a lot of money for the installation of,fire sprinkler systems in the entire downtown January 6, 1975 STATUS REPORT' -- area, the matter came to the Council's attention some Sp8?NKLLR SYSTEMS time ago because of our last rating with the Pacific RE SPRINKLER Fire Rating Company. if the City received a better ORDINANCE fire rating on the next .survey, it wouldn't take too (continued) miany years to offset the $2,,000,000. He further suggested perhaps an assessment district could be formed to install the systems in the high value area. He also suggested the City may want to go into some type of program to en- courage people -to_.install fire sprinkler systems in new construction. This encouragement could be in the form of reduced connection fees. 1 Mayor Putflam suggested the matter be taken back to. Council Committee and Councilman Brunner be advised. PETALUMA POLICE Resolution X66790 N.C.S. directing the Chief of Police DEPARTMENT MANUAL and the City Manager to formulate procedures for the RES X66790 NCS revision, update, and modification of the Petaluma Police Department Manual was introduced by Councilman Perry, seconded by Councilman Mattei, and approved by 6 affirmative and 1 ab-Aem_ee votes. Chief Higgins explained to the Council that the manual adopted by the Council in 1968 has not been revised' until the new manual before them was prepared. He realized the new manual is-quite comprehensive, however, he explained that it Was due -o the complexities of the laws by which they must be guided. It is intended to be a compilation of administrative procedures to guide the members of the Petaluma Police Department in the performance of their duties. The older manual was bound and difficult to revise and update; the new manual is designed in iooseleaf form and revisions and modifications can be made to the manual with very little expense. City Manager Robert Meyer explained to the Council the revisions and modifi- cations to the Police Manual would be worked out by the Chief of Police and the City Attorney as well as with himself in order to avoid having directives which may be in conflict with the City's established personnel rules and regulations. In response to Councilman Cavanagh's question whether or not the Fire Department Manual will follow the same procedures, the City Manager indicated the Fire Chief was, at this time, working on revising and modifying the Fire Department's Manual and it would came to the Council at a later date for the same type of resolution. BOARD OF SUPERVISORS Resolution X66791 N.C.S. requesting the County Board of RE PETALUMA PLANNING Supervisors adopt certain procedures in regards to ` AREA review of planning-matters within the Petaluma Plan - RES X66791 NCS ning area was introduced by Councilman Harberson, seconded by Councilman Perry, and approved by 6 affir- mative and 1 absentee votes. BOARD OF SUPERVISORS RE BUILDING PERMITS RES #6792 NCS AD.TOITRNMF.NT Resolution #6792 N.C.S. requesting the County Board of Supervisors to establish certain procedures for the issuance of Buildling Permits on sites to be served by the City water and /or sewer service was introduced by Councilman Harberson, seconded by Councilman Perry, and approved by 6 affirmative and 1 absentee votes. There being no further businessoto come before the Council, the meeting was adjourned at 10:30 p.m. to an executive session and to January 13, 1975. CkiG �/✓ .��/,y�✓1 Mayor Attest: City Clerk