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HomeMy WebLinkAboutMinutes 01/21/1957January 21, 1957 - 7:30 P. M. City Hall - Petaluma., Calif.. Regular ,meeting of the Council of the City of Petaluma called to order by Nk ' or`, � "Schoeningh-.. 1ZOI:�L C ALL: Present: Councilmen Adams, Bigelow, Brown, Crinella, Gustafson, King ° and Mayor Schoeningh. Absent: 'None, 1 Grace Evangelical and INVOCATION Invocation was given by Reverend William. Ruhl, Refoxm.ed "Chruch. APPROVAL OF MINUTES; were approved as recorded, PETYIFI'ONS & COMMUNICATIONS Memo, of Agreement with °State of Calif. for expenditure of gas tax allocation. for Major City Streets, submitted and filed; letter thereon, read and fil`eon; To a question by Mayor Schoeningh, the City Engineer stated that the _. :Council, ,when adopting this resolution, would be approving the project of re'su >rfac ng "B" Street; whereupon, Res. #1818 N. C.. S.. ` introduced by Councilman King, seconded' by Councilman .Brown, entitled,. "RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF PETALUMA =ADOPTING:BUDGET AND-APPROVING FIRST SUPPLEMENTAL - MEMORANDUM OF AGREEMENT -FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. wnan (Llad and adopted by the - following vote Ayes.: Councilmen .Adams,. Bigelow, Brown, Cr nella,� Gustafson t and King. Noes : - Mayor Schoeningh. After.discussibWas to the need of a storm drain.between. El .Rose Drive an d ;Hinman ,Street on' "B" Street' and upon the City Engineer's recommendation for:such' a storm :drain to handle future drainage when El Rose Drive has been con pi,etely developed, the City Engineer 'Was directed to prepare plans and specifications for this ,work. Agreement'wi"th Stone: & Youngberg re Financial Feasibility Report on Water 'Problem Mayor Schoeningh referred to a portion of the minutes from the last me'ed ':wherein Councilman King .had requested, in accordance with one of the ri es. order, 'that recon'sid'eration of the vote be given to a. resolution. !which had been adopted,by the Council; authorizing the employment of Stone & Youngberg to prepare' a preliminary financial feasibility report in connection With 'the City's consideration of the purchase of the Calif. Water Service Co. The Mayor explained that in order to have a''reconsideration of the vote, the , iot:i_on .must be made and seconded. `A written protest to the resolution, outlining the reasons for his objection to wine,, and dated Jan. 21 1957 was submitted `'by Councilman King and read by 'the Clerk. The objections set forth in his protest were as follows: (1) (cont. 1 January 21.,,;, 1957 PETITIONS & COMMU.NIC cont. Agreement with Stogie. & ` Youngberg re Water. Problem = cont "le Section. #46 of Article 7,- of our Ch a rter requires an Ordinance for an expenditure which: amounts to - $?500 00 of more. 2. Section #68 of Article 10, of our Charter requires that the Council put to bid any Public Work Contract: for more than. 00. 3. No appropriation has been made by the Council. for payment: of'the fees to be charged by Stone and Youngberg, 4. J B. Hanau & Co have offered to prepare a. f i nanc i al feasibility report for - $750.00 `''no strings 'attaohedo,"' Stone & Youngberg have recommended against just A feasibility report and want an over °all fee of two percent (27) of any bond issue that would be' put up to bud out the Waiter ? Company, with a minimum of $25;: 000, 00 and a maximum of $35; 000, - -000 It is; my `t�elief that th.^ City Council's first interest i s a feasibility report only, and' therefore;, the offer of Hanauer & Cbmpdiiy is the one that should. be acceptcd If we were to consider an over °all' contract, such as Stone & Youngberg has proposed,.. Hanauer "& Company"s. Contract is by'.tpr the. best ;over'�all contract because the City is only liable' for those fees' "to Hanauer & Company, 'if the bond. issues passed, . 5o It is rn.y belief that getting a fe report , from Financial .Consultants -, is a %on of services. as in a event, - `the C ity m:u'st hire engineers - in;or.der`to buyout the Water Company, and: the _furnish along with other engineering data, i cd ono mic.-fe.a.si�r].ity�repzortse`'' The motion as made by Councilman, Ding w.a.s then seconded by Council. man CrineHa. _. Mr. Charles Blair, representative of the engineering'firm of t?Uilsey Ham, addressed the Couci nl explaining the functions of his rier: far He staged that; they would undertake a complete appraisal of the Cd1d. Water Service Compa.ny's. system .as it now ex:zst.s,_they`would attempt to e Stdblish -6ment vt h&a a�.d, to set a.dollar value on. the syste'rn; they would investigate the possibility. - of:. bringing.:in or 'developing nevy - sources of water; 'and, they Wquld undertake. the -. matter of_ operational recommendations with. an ,operating budget m:so_.far as the actual. fu.ne,tion of the syst m would be concerned - Mt. `Blair,:stat6d that 1. their economic and stud would deal pri1ncipally wash the ee ngineering . feaaurea of..Yhe project and that they could not recommend the type of borid8 ` the City should used - Councilman King -objected to the hiring of Stone Youngberg prepare a financial fcasi.bilit report, as - per their agree&ment,' stating that he' believed - this agreement would compel the City to maintain the services of this firm throughout the'entire project, if the City decides to purchase the Water Co- nipany; Councilman .Brown, stated that lie had talked with se veral engineers regarding the At water problem `acid had been advised b all of therm. th the first step to be taken in this matter would be to obtain .a financial feasibility, report -o A poll of the Council was then taken ' to dete whether or not t he , majority of the Council wiahed to reconsider the resolution appointing Stone &. Youngberg. This poll revealed that, all members -of the Council, 'With the, exception of Councilman King; did not - Wish to reconsider the subject resolution; whereupon, (cont. 1 2 7. January 21, 1957 PET &; COMMUNICATIONS. Cont. Agreement with Stone & Youngberg, re Water Problem. - cont. Res.- #18,19 N. Co S. introduced - by Councilman Brown seconded by Councilman Adams, entitled, "RESOLUTION AUTHORIZING T HE CITY OF PETALUMA TO ­ENTER INTO AN AGREEMENT WITH STON & YOUNGBERG :, IMUNICIPAL FINANCIAL CONSULTANTS, WITH RESPECT TO r TI -1EIR EMPLO�'ME11T AS AUTHORIZED BY RESOLUTION NO 1814; N. C. S. was- and adopted by the following vote: Ayes: Councilmen Adams, Bigelow, Brown, Crinell.ae Gustafson and Mayor Schoeningh. -Noes: Councilman King. A 5 minute recess was called at this time. The meeting was called back to order. REPORT$, OF CITY OFFICIALS: City Manager .Claims approved for payment by the City Manager Were submitted and "filled;;. whereupon; Res. #1820 N. C. $ introduced , b Councilman - b y . Adams, seconded by Councilman Crinella approving claims, and bills (Nos. 2395 to 2553 inclusive), was adopted by the following vote: Ayes . ,CounciImeri.Adams Bigelow, Brown, Crinella, Gustafson a nd' - Mayor Schoeningh. Noes: Councilman King. Before voting on the foregoing resolution,. Councilman King desired to , knew from which budget account the, money, W ould come to pay � -the claim 'submitted. by Frank. Maus' for''electrical work done at Tunzi Park and the Catholic Chu1 ch Park. City Manager Ed Frank stated that the money would come out of budget accoura #142. 570 under parks. He went on to say 'that this matter had not been c.otitoMplated and therefor no money had originally been budgeted for it. k City Attorney Report on Freeway Maintenance Agreement City Attorney Ed, Robert reported on'the ,subject agreement, stating that the memorandum of agreement merely relinquishes and defines what streets will be the State's responsibility to maintain and what streets will be the City's resp(,.,nsibility to maintain, and this is outlined by map which becomes a part of tLe G�E,ement. .Councilman Kiang requested to know if "the City was' legally required to Make over that portion of street which the State now, wants to turn over to the City. Mr. Robert answered 'that he did not "see how the City could refuse to ticcept then street. Councilman. Brown expressed the opinion that the State had created the problem which now exists at the corner of the new Jr. High School and the freeway exchanges, and that they should accept the responsibility of taking care of this. �3) (coast. ) REPORTS OF CITY OFFICIALS: cont. January` 21. 1957 City Attorney Freeway Maintenance Agr eeme nt - , ''t cont. Tpemen Attorney was ir­ ' - d - b 'somethin The Cit-'Attbr" d' 'ecte b check further to determine " City re could be done about the situation,,. and the matter was held ewer, pen-din a re _g his P Opinion. re .Budget: Transfers The .City ,Att6rn&.y'x his opinion of the subject matter after, referring to the di'ctiona I iry definition of Badg& e. -.California Art.. 11, See. 18 of-th i Constitution; the Petaluma. City Charter 5 of Ord. #449N C o S And,,., some California cases in point, and concluded* as follows "I. Thee City is entitled to make any expenditure of its funds- assuming that it is for a. public purpose, and 11a in all other respects legal An expenditUrEFz will not become illegal merely by virtue of the' fact that it exceeds the affioh, aside for the' particular purpose in the budget. 2. The appropriation ordinance imposes the legal limit in the spending of money. 3. The City may obligate itself to pay for an item ov I er a period of years:. - 4.. Section. 60 of the, City Charter will allow an Amendment to, appropriation ordinance whichw. odid provid6"fbr the transfer of ended funds,, �p For - example , .: ,- from Section 8 of the appropriation ordinance to Section 3 thereof. This ordinance would re V46 of f - li. qu.ire an affirmatiVe our of thd Co unc 5. - The budget does not legally constitute a rigid and upcOMDEM OIS ing q - OMO. for the expenditure'of City Funds. I It is `an. estimate of - the - probable ''''*IE�i-pQiidi,�'t,,uj7os and income. The ap limits spending,. not the budget... Mr. Robert referred to an opinion Which had written -by former City Attorney Karl Brooks,. whereiii it 'was stated',' It is lit opinion that Y- the practice. of making -intra.--budget transfers from one sect ion of. the budget to another, section - of 'the - budget, but both of 'Which are t'bVered''.by the. same: section tion of the ordinance, -or rather, the same subdivision of such section. i.s gqrop( . �r However,- ..Mr. - Robert :stated 'that in his opinion t4 m re' :course :, would -, be to require a resolution for the transfer between sections within 'anapprbprfation section. City :Planning Commission Use; Permits C OPY o resolution granting. Use Permit to Mrs.' Walter Peck to cond home for children at 218 Keller Stre'et submitted 'and filed. Copy of resolution granting Use Permit to G & K Motors, :Inc . - to operate an auto repair and paint shop at - 343 Main. Street, submitted and filed. n Copy of resolution granting, Use. Permit to Petaluma Egg, Company to' operate, an egg candling and packing business at the r'Odt of 816 Main Str submitted and filed. (4) January 21 1957 C.ONSIDER ATION OF UNFINISHED BUSINESS: .`: U x Mayor & Clerk to Sign Agreemeht with George Perry R(is. A� thorizing uts e S ewer Connection .�:re,Q , id w, r The City Attorney read the provisions set forth in the agreement, noting that he-understood one prop_ erty owner may not grant Mr. Perry an easement through his property. Discussion followed as to whether or not the subject resolution should be pa'ssed until such time as Mr, Perry had obtained all the necessary easements; Res. #1821 M C. S ..introduced by Councilman King, seconded by Councilman Brown, entitled, --,,-"B.ESOLUTION ' APPROVINGAGREEMENT BETWEEN I.T.HE4 CITY -OF 'PETALUMA AND GEORGE A. PERRY AND RENA PERRY, HIS , - WI-FE,.'WITH RESPECT TO THEIR APPLICATION FOR PERMISSION TO CONNECT ONE. OUTSIDE SEWER *CONNECTION FROM 1295 T LAKEVILLE HIGHWAY WITH THE CITY SEWER SYSTEM, w4s, adopted by the following vote-, Ayes: Councilmen Brovm, Crinella, Gustafson and King. Noes: Councilmen Adams Bigelo r and M-9,,ybr Schoeningh, r A Cherry Valley Sewe A ssess. D ist, Appolnt em of Attorney & Engineer Rese #1822 N G� S introduced by Co.uncilmanKing, seconded by Councilman Gustafson, entitled, 'RESOLUTION APPOINTING EUGENE .Ka STURGIS AS THE ATTORNEY FOR "ASSESSMENT DISTRICT NO, -19-56-1", CHERRY VALLEY SEWERS. ; aildLado p ted by '7 affirmative votes. Co:unc limn Brown Chairman of the. .Cotntyittee re appointment of an 41 1 engineer for the Cherry Sewer Assessment District, reported that the Committee had submitted their recommendation in the form of a. resolution now ,befo're tbe Council for adoption.; whereupon, Res. #1823 Na Co So Ant?6duced by Councilman Brown,, seconded by Councilman King, entitled, t f APPOINT A N . OFFICI C'% , ."ASSESSMENT DISTRICT NO. 1956- °,V'1� CHE.RRY VALLEY SEWERS. t,ed piid adopted by 7 affirmative votes, R-es., Appointing Members to Planning Commission The subjec resolutions were ordered held over until. the next meeting. No—iftawes had been submitted for appointment as yet'. To .a, question by Councilman Bigelow regarding the poor condition of Ndin Street' in front of the Three Cooks Cafe, the City Manager replied that he wg§ aware of this condition and was going to have the City Engineer check on it, (5) January 21., 1957:- CONSIDERATION OF UNF BUSINESS coat. Water Problem The City Attorney reported that he was in the process of contacting potential engineers to testify at the PUC hearing regarding the water. problem,, and he hoped to have the names of these engineers and their proposals to submit to the Council for their consideration Within a - week or two., North Main .Street Parking Lot The City Manager reported that he had. talked with Mr. Farrell. re'gardzn the rental, of this parking lot, and that Mr. Farrell had agreed to lower the rent a little, within rea-son. Mr. Bill Campbell addressed the Council suggesting that something be done about the parking hazard in front of the Yosemite Hotel_; Mr. Frank stated that the Traffic Committee had given some thought to the matter of. changing the parking between the railroad and .Main 'Street. on East Washington Street. The - mratter was referred. to the Traffic Committee for their'conside_ ration:,. and recommendation to the Council as soon as possible, Water .Problem. Councilman Cris eila informed "the Council that: the PUC granted ,the Calif. Water Service Company another Bearing on the Woodworth case The City Attorney added that he believed this hearing; together ' W' ith tl= e hearings of Mt. Keiser, Mr. Crinella a ; nd the City of Petaluma would be held at the same tilii6; ` ADJOURNMENT: There being no further business to come before the meeting, the- em.eetiifg" was adjourned. 4 Attest: ty "Clerk:` r 1Vla.koro j 1 1 (6)