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HomeMy WebLinkAboutMinutes 01/02/1996~ Tuesday January 2, 19~f6 Vol. 29, Page 287 i MIN[JTES 2 OF A REGUI.AR ME~TING 3 PETAI,UMA CITY COUNCIL a TUESDAY, JANUAKY 2, 1996 s ROI,L CALL 3:00 p.m. 6 Present: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor ~ Hilligoss s Absent: Barlas 9 PUBLYC COMMENT io Richard Day, 847 Fifth Street, Santa Rosa - representing TLC (Animal Control) - wants ii Council to receive all information available. Neither he nor his clients received copies of tapes i2 utilized by the Police Department during the investigation. is Jack Balshaw, 1680 Kearny Court - why is the new Payran briclge going to be that width? ia Regarding the Quilt Show, they would like to have $6,000 seed money for the 1996 show. is They need to know before February 1. The City Manager adviseci that this item can be i6 discussed at the PCDC meeting on January 16. i~ COUNCIL COMMENT ia Nancy Read - complimented the looks of old Bill's Drugs and noted there continues to be the i9 threat of Indian Gaming in the area. She noted Santa Barbara had okayed a tax on cellular 2o phones. 2i MINUTES 22 The minutes of the December 18, 1995, .meeting were not approved and the City Clerk will 23 present the Council with a verbatim of the Kodiak Jack minutes prior to Council finalizing za those minutes.. 2s ELECTION OF VICE MAYO~i z6 It was moved by Mary Stompe and seconded by Nancy Read to elect Jane Hamilton Vice 2~ Mayor for six months. Jane Hamilton declined the opportunity at this time. 2a Ayes: Stompe, Read. Vice Mayor Shea 29 Noes: Hamilton, Maguire, Mayor Hilligoss so Absent: Barlas 3i This will be placed on the January 16 agenda. 32 CONSENI' CALENDAR 33 The following items which are noncontroversial and which have been reviewed by the City 34 Council and staff were enacted by one motion which was introduced by Matt Maguire, and 35 seconded by Nancy Read. 36 Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss 3~ Noes: None sa Absent: Barlas Page 288, Vol. 29 i RES0.96-01 NCS 2 CLAIMS AND BILLS Tuesday, January 2, 1996 s Resolution 96-01 NCS approving Claims and Bills #51415 to #51733. a RESO. 96-02 NCS s WASTE MANAGEM~NT AGENCY 6 Resolution 96-02 NCS designating Sonoma County Waste Management Agency as the regional ~ agency for reporting purposes in relation to AB-939 reporting. s RESO. 96-03 NCS 9 FEDERAL Rz STA~E SUR.PLUS ro Resolution 96-03 NCS authorizing the Gity Manager, Assistant City Manager, Purchasing i~ Officer and Buyer to sign for the purchase ~of surplus government property on behalf of the i2 City of Petaluma and repealing Resolution 85-41 NCS. 13 * * * * * End of Consent Calendar =K * * * * ia RESO. 96-04 NCS is SEWER VACUUM TRUCK i6 Resolution 96-04 NCS authorizing purchase of a sewer vacuum truck from Municipal i~ Maintenance Equipment for $176,638:63. This was removed from the Consent Calendar in ia order to ask staff if the City could get the Sales Tax from this purchase. State law requires t9 that the Sales Tax be returned to the point of sale jurisdiction in tfiis case. Introduced by Zo Nancy Read, seconded by Matt Maguire. ?i Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss ?2 Noes: None z3 Absent: Bartas za TEEN PROGRAM STATUS Zs It was noted that Donnie Dutra, who was the Interim Coordinator of the Teen Center, has been 26 hired as the Coordinator as of January 8, ,1996. The skateb~ard park contract indemnitication 2~ clause is being reviewed by tl~e State of California. There is some soils investigation being Zs done to determine ground water level for the skateboard park. 29 RESO. 96-OS NCS 3o DISA.DVANTAGED BUSINESS ENTERPRISE PIZOGRANi 3 i JANUARY 2, 1996, TO DECEMBER 31, 1996 32 Resolution 96-OS NCS adopting the Disadvantaged Business Enterprise (DBE) Program for the 33 City. It shall be established both annually and on a per contract basis. The Disadvantaged 34 Business Enterprise goal is 10% for the 1996 calendar year. Introduced by Mary Stompe, ss seconded by Matt Maguire. s6 Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss s~ Noes: None 3a Absent: Barlas 9 Tuesday January 2, 19~ Vol. 29, Page 289 z RESO. 96-06 NCS 2 PARK AND RIDE GRANT APPLICATION s Resolution 96-06 NCS authorizing the City Manager to apply for Park and Ride Facilities a Development Grant of approximately $650,000 (20% local match required). The costs wouid s be shared by the 4th District Agricultural Association -$37,500, the School District - 6$37,500, and the City the balance. Part of the proposal is that the City's dollar match would ~ be available only if the Fair Board is willing to release of a portion of the area behind the s skateboard park from the Fair Board long term lease and release of charge to the City of 9$2,400/year parking premium. The proposal is to develop 800 parking spaces between the 1o Library and the road to Kenilworth Junior High School. The City Council expressed great ii concern about the prospect of minimal landscaping of the area and they urged staff to place as i2 many trees on site as possible. There was also concern on the part of the Council about the is potential placement of a"fast food type of coffee dispensing restaurant" on site. Staff advised ia that land use issue is separate from this question. The Council asked about the source of the is funding, was it TDA or Intermodal Surface Transportation Efficiency Act (ISTEA)? Staff i6 advised this was mostly ISTEA money. Introduced by Vice Mayor Shea, seconded by Nancy i~ Read. is Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss i9 Noes: None 2o Absent: Barlas 21 22 RESO. 96-07 NCS PA~'12AN REACH - ARMY CORPS 23 Resolution 96-07 NCS approving an agreement with the U. S. Army Corps of Engineers to 2a complete the final design and preconstruction services for the Payran Reach project. The U. S. 2s Army Corps of Engineers district oftice has provided the City with a work program and budget 26 of $387,000 for completion of the reconstruction efforts. The U. S. Army Corps of Engineers 2~ is preparing an agreement that would essentially have them working in a consulting role to the as City. This will delay the start of channel construction which is now scheclulecl for June, 1996, 29 on a week to week basis. Introduced by Nancy Read, seconded by Matt Maguire. 3o Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss 3i Noes: None 32 Absent: Barlas 33 34 RESO. 96-08 NCS SOLA OPTICAL WELL & WELL STATION 5 ss Resolution 96-08 NCS authorizing the City Manager to finalize and execute an agreement with 36 Sola Optical to abandon Station 5 well and Sola well and to develop a new will at the s~ Municipal Airport. Sola will reimburse the City for construction costs up to a sum of ss $80,000. Due to the use of certain chemicals by Sola Optical, ground contamination was 39 detected in 1982 in shallow ground water in the vicinity of six 1,000 gallon underground ao storage tanks containing Acetone and other items. Sola has installed ground water extraction ai and treatment equipment and the city has discontinued the use of Well Station 5, which is a a2 one-half acre piece of land located at the intersection of Frates Road and Lakeville Highway. Page 290, Vol. 29 Tuesday, January 2, 1996 i The remaining ground contamination is sited on Sola Optical lands which is adobe soil. It has 2 been cletermined that when Well Station 5 is pumping, the contamination is known to drift 3 towards Station 5. In 1989 an agreement Warren Salmons executed which provides for a payment to the City of its avoided costs from not being able t~~ operate the wells, The payment s for the 1995/96 year was $57,255.76. The Council expressed their desire that no liability be 6 ultimately directed to the City. The resolution was introduced by Mary Stompe and seconded ~ by Jane Hamilton after the Council had agreed there should be a 15% contingency on the cost s of drilling the addifional well, and that the City Attorney should review the contract prior to 9 the contract being final. If tkiere are any substantiye questions by the City Attorney; the matter io will be brought back to the Council. Introduced by Mary Stompe, seconded by Jane Hamilton. ii Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss i2 Noes: None is Absent: Barlas ia STATUS REPORT ON TELEPHONE RATES is Norma Howard fcom Pacific Bell telephone company in Rohnert Park addressed the Council ib about the :proposed elimination ot toll charges on residential calls between "Southern i~ Petaluma" (PacBell language) and the County Seat, Santa Rosa. In California there is is deregulation activity in the telephone tield and there is the potential of up to twenty other i9 communication companies being able to provide telephone service, in addition to PacBell. The zo State Public Utilities Commission anticipates that the rate structure for tl~is competition will be Zi known by the.end of the first quarter of 1996. The Council was advised that PacBell continues 22 its plan to reduce the residential toll charge, but it feels that it would be prudent to amend the 23 rate strueture. only one time. So, when the competitive rates are known, PacBell will institute Za the elimination of toll charges on residential telephone calls to Santa Rosa. It was noted that zs businesSes do not and will not have that telephorie use charge amendment. Businesses are on a 26 different type of rate structure which essentially subsidizes the residential telephone rates. She 2~ left her telephone number 585-4545 so individuals can reach her. Arnold Kaye and Gary za Baumoel spoke in favor of the removal of a toll charge to Santa Rosa. There was no action z9 requested of the Council. so RESO. 96-09 NCS s i PLAN1vING PRO.TECT 3z Resolution 96-09 NCS accepting the S.onoma County subregional issues and policies report and 33 recognizing this document as a collective statement of subregional policy for Sonoma County. 3a Introduced by Nancy Read, seconded by Matt Maguire. 3s Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss 36 Noes: None 3~ Absent: Barlas 3s CLOSED SESSION s9 The Council went into closed session pursuant to the Brown A,ct for the foll~wing discussion: ~ Tuesday January 2, 19¢~ Vol. 29, Page 291 i Conference with legal counsel on anticipated litigation. This is significant exposure to z litigation pursuant to Government Code §54956.9(b). Discussion will be on actions taken by s the City of Petaluma with respect to TLC and its performance under the animal control a contract and the threat of action by TLC. GC §54956.9(b)(B) s 6 The Council adjourned to dinner at Lo Coco's. ~ s Present: Hamilton, Stompe, Mawire, Read, 9 Hilligoss io Absent: Barlas ii i2 Nancy Read led the Pledge of Allegiance to the flag. 13 ADJO~JRN RECONVENE 7:00 p.m. Vice Mayor Shea, Mayor PLEDGE OF ALLEGIANCE MOMENT OF SILENCE ia PUBLIC COMMENT is Mitch Lind, Jerico Products, requested a continuance of the First Street and Riverfront i6 Warehouse agenda items until the next meeting in order to give them time to discuss the i~ proposed actions with their counsel. The Council agreed to continue the item. is Janice Cader-Thompson, 732 Carlsbad Court - she requested tours of Lafferty and Moon i9 Ranches and wondered when the traftic signal will be installed at Ely Blvd. and East zo Washington Street. Staff advised the project has been awarded and construction will begin zi within a week. az 23 I2ES0. 96-10 NCS MOSQUITO ABATEMENT BOARD 2a Applicants Christine Flum and Steve Ayala addressed the Council about their desire to serve ?s on the Mosauito Abatement Board. H H ~ a, M L M S A L B I T G I A T L O U S G R R O T M I H O E L T O P R E S A A A N E E A S D S L _ .._... _ ..... Ayala .. ......... x _ .. x _........ x< _.........._ x _ _. ... ._.._ ..... _._ . A ... __ . . _ _ .... 4: Flum x x 2 26 Resolution 96-10 NCS' appointing Steve Ayala to the Marin Sonoma Mosquito Abatement a~ Board for a two year term. Zs Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor 29 Hilligoss 3o Noes: None si Absent: Barlas , . , .;.i: ; ~ . Page 292, Vol. 29 Tuesday, January 2, 1996 r RESO. 96-11 NCS 2 DISCUSSION OF TLC ANIIVIAI: CONTROL CONTRACT s Police Captain Pat Parks, who was the person assigned the responsibility of being in charge of a the animal control contract which is treated as a division of the Poiice Department, took an s hour to reyiew the Animal Control contract activities of TLC for the Council as was outlined b in the December 28, 1995, Police Department staff report to the City Council for this meeting. ~ TLC was awarded the contract for animal control aetivities earlier in the year, but they were ~ removed from service after some investigation. 9 The presentation about the investigation covered Captain Parks' meetings with members of io 'I'LC, the time set aside b.y the Humane Society to assist in the transifion between the Humane ii Society and TLC whieh time was not utilized by TLC. He described some of the TLC i2 activities that had caused people to communicate with the City expressing displeasure with is TLC's methods. Also described were 'incidents in which either the Police officers or County ia Animal Control were required to be called upon to resolve ~nimal Control issues. Questions is regarding the TLC methods of handling of money had arisen; that ranged from their receipt of i6 "donations" that they had told their employees the City was not to be advised about and paying i~ employees cash with no cecord that Social Security:, Income Tax, Unemployment Insurance or ia other required salary adjustments had been made and recorded in a ledger of any kincl. He i9 described the questionable manner in which the animals were being contained and treated. 2o Incidents of using a hose on the dogs to quiet them had beun reported to the City, He also ai noted that required reports about who are current personnei were difticult to obtain: If the 22 company had receivecl its non-profit status, they had not complied with the rec~uest to furnish a 23 copy of it to the City. aa Other speakers were: 2s Police Office Steve Johnson - reviewed the call he responded to when some pit bulls had eaten z6 through a fence and were terrorizing their neighbor's rabbat hutches. He had used pepper 2~ spray to control the dogs, who immediately went back through the fence. The fence was 2s temporarily mended by the resident. 29 Police Officer Gene Wallace - described that the use of firearms by TLC employees had been so done in an area and in a manner considered to be unsafe. There was the shooting of skunks at 3i the corporation yard that could have resultecl in bullets ricocheting and hurting someone. 32 Sergeant David Kahl - described the incident when. TLC wanted him to close some streets 33 because there were two stray cows which were finally corralled by the County Animal Control. 34 In this incident the TLC portable radios were reported as not funetioning; however Sergeant ss Kahl noted that when he checked them, he turned the portable radios on and they, worked well. 36 City Street Mairitenance Worker Ken Mattos - between. 4 and 4:30 one afternoon as he was 3~ dropping off debris, he was close at hand when he saw a skunk dispatched at the corporation ss yard. 39 City Electrician Kathy Mallory - one noon hour, she repor.ted being close at hand when a ao different skunk was dispatched at the Corporation yard. Tuesday January 2, 19~6 Vol. 29, Page 293 i Richard Day, attorney for TLC - he noted that Janet Coppini, a principal with TLC, was happy 2 to have been awarded the contract for animal control services for the City of Petaluma. He s said Captain Parks pursued this issue because the City Council had awarded the contract to a TLC, which was not the recommendation of the three staff persons who interviewed the s applicants. Captain Parks was a memher of that interview group along with Finance Director 6 David Spilman and Recreation Director Jim Carr. Mr. Day went on to say that Captain Parks ~ sees himself as the father of the animal shelter and was opposed to TLC. s Mr. Day went on to say this was not Captain Parks affair. He did this to get himself out of the 9 corner. When Captain Parks learned that Howard Kruse was no longer working for TLC, he io went to Mr. Kruse to ask what was happening at the animal control office. Captain Parks went ii to someone who didn't like taking orders from a woman. The City doesn't have money for i2 drug control, but they have money to do this investigation. You should return the animal is shelter to TLC, set up a system in which there can be better communication. ia Patrick Sather, TLC employee - he said the skunk shootings were handled with care. He is described the philosophy behind the euthanizing of cats, albeit a little earlier than State law ib provisions allow. He understood the $10 donatiora to TLC was for medication and shots. i~ Patrons of the animal shelter were riot all told what the $10 collected was used for. He didn't is really know what happened to the $10 after it went into the drawer. i9 Council asked if TLC staff ever worked for another animal shelter, why did they not take Zo advantage of the Humane Society training period. 2i Julie Johnson, TLC employee who had the most contact with Captain Parks, said they never 22 requested training. The transition planning never met with their schedule. We don't do things Zs the same way as the Humane Society does. Za Dr. Jona Jordan DVM - spoke in favor of TLC. Said animals had food at all times, and that as would cause animals to expel digested food more often which would cause some odor at the z6 shelter. 2~ Lauren Kutchins, said she worked as TLC o~ce manager - after she was hired, the money 2s received was to be placed in the drawer~or given to her. She was trying to make the operation 29 more professional. We put in a 10 -12 hour day because we wanted to be successful. On the 3o day of Captain Parks interviews, she could not attend because she was alone at the shelter. 3i The fee schedule that was part of the Police staff report was to be laminated and to be placed 3a on the counter. We had an envelope for City money and an envelope for TLC money. 33 Janet Coppini, principal of TLC - said on the aggressive dog (pit bulls) call she did get the 34 street name but did not get the address. I tried to get her to cooperate with me. I made the ss mistake of not asking her what is the number of her house. She told the caller to run to the 36 neighbor's house, find the owners of the dog and have the owners get the dogs under control. s~ It would take Ms. Coppini 15 minutes to get there and by that time the bunnies would be 3s destroyed. She hung up on Ms. Coppini. She did not know the call went to the Police 39 Department about the incident. She was told by Captain Parks he was very satisfied with Ms. ao Coppini's response and it didn't even deserve a follow-up. Ms. Coppini called the woman ai and spoke with her for 45 minutes during Ms. Coppini's lunch time and she was very satistied. a2 She sent Animal Control off'icer Patrick Sather to the neighbor to talk to the dogs' owner. Page 294, Vol. 29 Tuesday, January 2, 1996 i Ms. Coppini thought there was a complaint from Jesse Lane. She doesn't know who is 2 claiming that Ms. Coppini threatened them so much that I was going to retaliate. A telephone 3 call came in from Jesse Lane one Monday night. She would. not give a house number and she a would not give her name. Ms. Coppini went to Jesse Lane and could not hear any dogs s barking. But at least she responded on the County call. An~ther call came from this party but 6 no address was given. She pursued the situation more but the dogs were not idenfified. She ~ has proof that the Petaluma Police Department has manufactured complaints against us. s Regarding Police Dispatch telephoned Ms. Coppini after h.ours and told her that they have 9 received telephone calls saying that Animal Control would not respond to a ca1L I don't ever io recall saying, "She's lying through her teeth." Ms. Coppini explained ttiat she had been sitting ii by the telephone all evening and it hasn't rung. One would have had to call one phone and i2 listen to the telephone message to get the referral telephone number to a cellular phone to get i3 through to animal control during hours when no one was at the shelter. There were a lot of ta problems there which was part of the communication problem the Petaluma Police Department is has had plenty of. She read a letter from David King, the attorney who help TLC at an earlier i6 time. [The letter outlined the contract's history.] It ~asked whether TLC has had a valid, i~ unbiased and reasonable opportunity to operate the animal shelter and the City in light of the ia facts. It urged the reinstatement of TLC. t9 Marcelle Thompson, 532 Virginia Drive - she spoke to the Council requesting TLC be Zo reinstated. ai Alice Bonomi, 862 South McDowell Blvd. - opposed to TLC being reinstated. z2 Cindy Milazzo, TLC employee - they have been in the shelter only 13 weeks and have tried to 23 make everything work. The p3ace was stripped to the bare bones when we began. We didn't 2a even have kitty litter.. She thinks TLC tried hard. The main interest was animals. They Zs might not have done things completely right or perfectly. In answer to Council question 26 regarding did anyone at TLC say they planned to st-e the City and "make a million bucks on 2~ it", Ms. Milazzo noted that had been said in joking. In ansrver to the Council question about 2~ the spraying of dogs with hoses. The practice they tried to do was use a water spray bottle. If 29 dogs bark all day, the stress alone will make them sick. Julie had been known to take the hose 3o and spray water on the dogs. In response to the Council question about anyone being paid 3i under the ta61e. Ms. Milazzo said they were all being paid in cash. In response to the 32 question about how fees were handled. She responded that most of her job was animal care. 33 People in charge of the front desk were basically Julie Johnson and Lauren Kutchins. 34 However, when she responded to the public, she would say that adoption of a dog was $10 to 3s the City of Petaluma, $10 to TLC, and a$25 spay or neuter deposit. Unless people questioned 36 her, she did not elaborate on the $10 to TLC and that it was a donation. When asked she said s~ it was for medicine or vaccinations. People were not told it ~~as a voluntary donation. 3a Kathie Lubey, 431 Donner Avenue - She noted she was th~; person who called about the pit 39 bulls that were outside her patio window at 11:00 p.m. attacking the cage where a doe rabbit ao and 5 little rabbits. The buck rabbit was in another cage. 9 Tuesday January 2, 19~6 Vol. 29, Page 295 i They had the bunny cage caved in. When her husband came to look out the window the bigger z dog jumped at the glass seemed like he was going to try to get through the sliding glass door. 3 The other dog had jumped on top of the higher hutch and was scratching at her son's bedroom a window. They have 3 small children, age 8 and under. This was very scary. She called 911. s She was directed to TLC. Mrs. Lubey now realizes she was given Janet Coppini's home 6 telephone number. Ms. Coppini said to Mrs. Lubey, where are you. So Mrs. Lubey started to ~ give the street address, the number and the name of the street. Mrs. Coppini asked what side a of town are you one. The response was the east side of town and she started to repeat the 9 address. Mrs. Coppini then said, "You need to be quiet and listen to me. Your rabbits are io going to be dead by the time I can get up and get over to your side of town. You're going to ii need to go to the neighbor's house yourself and handle it." Mrs. Lubey noted she didn't know i2 which neighbor, and then asked if Ms. Coppini could come and help them. Ms. Coppini i3 repeated two or three times that Mrs. Lubey needed to handle this. During the telephone ia conversation, Mrs. Lubey motioned to her husband to get into the truck to try to f'rnd someone is home at the neighbor's house to help them. No information was asked of Mrs. Lubey that an i6 emergency person would ask, not the caller's name, telephone number, street address. Ms. i~ Coppini did not give any indication that she had any intent of coming to help her. When asked is if Ms. Coppini was coming to help, she respondeci with direction that Mrs. Lubey needed to go i9 around the block. She Ied me to believe she had no intention of coming, it was on the other 2o side of town and she didn't have time. The situation was going to be over soon and it wasn't 2i worth it for her to come across town. After trying one more time to get Ms. Coppini's hetp, ` 22 Mrs. Lubey hung up the phone and called the Police Department non-emergency number, z3 explained the situation. They gave me another pager number for TLC, and told me to call 2a back if TLC did not help. She got the answering machine, left her name, address and phone 2s number and hung up. She telephone the Police Department back, an officer was immediately 26 dispatched to her home and he sprayed the dogs and waited until Mr. Lubey boarded up the 2~ fence for that night: During this episode, it kept running through Mrs. Lubey's mind that it 2s was only a few hours earlier that the children were playing in the back yard and they could 29 have been victims of the pit bull attack earlier that day and she hadn't come to help.. What if so that had been my children out there being attacked. She was very flippant, unprofessional. 3i She accused me of being hysterical and out of control. If she is supposed to be the person who 3z is trained to handle an ~mergency situation she should have taken charge, she should have 33 asked for information that was needed, and then she should have said, "I am coming, in the 34 meantime this is what you can do to help yourself." That didn't happen. We felt helpless. ss After discussing the situation with her husband, she telephoned the Police Department to make 36 a complaint. Mrs. Lubey called animal control, she did not call me. Mrs. Lubey unknowingly 3~ spoke to Ms. Coppini about the situation and the unwillingness to offer help with the pit bulls. sa Mrs. Coppini announced that she was one with whom I had spoken and flew off right away. s9 She directed me to be quiet, I was to sit completely quiet and listen to her. I was not to ao respond. She was going to say her side. Mrs. Lubey wasn't going to have her say until Ms. a~ Coppini was through. Mrs. Lubey was told she was uncooperative and did not give Ms. az Coppini any opportunity to help and if Mrs. Lubey tried to interject anything, Ms. Coppini as said, "You didn't listen. I told you, you need to be quiet and listen to me" Mrs. Lubey felt 44 this was really wrong. She was there to help us. "No only was she unresponsive the night it as happened, now she was berating me for her bad behavior." We made an appointment to meet 46 and discuss this further. Five minutes before the appointment time, Ms. Coppini telephoned a~ me saying she couldn't come because something had come up. She would call and set up as another time. Ms. Coppini was not heard from again. This is very serious and Mrs. Lubey 49 hopes it never happens to anyone else. Page 296, Vol. 29 Tuesday, January 2, 1996 t In response to the Council question, what did TLC do after the pit bulls were subdued? Did 2 they come out that night? Mrs. Lubey responded they never came out or contacted her. In s response to the Council question, were you or your family afraid that the put bulls would a attack during the frenzy? They were concernecl about the chaldren so they took them out of the s bedroom and put them in another' room with two doors bet~veen them: Yes, they were afraid 6 the dogs were going to come into the house. In response to the question, do you still have the ~ rabbits, did they survive. Yes, we asked a rabbit breeder to come to our house the next day to a be sure the rabbits were .all xight. The breeder was surprised we didn't lose some just out of 9 fright. In response to the question, what happened when the ;Police sprayed the dogs, she io noted the dogs ran back through the hole they had chewed through in the six foot fence. Then ii the hole was temporarily covered by her husband while the officer remained tliere. i2 Linda Fisher, P. O. Box 4703, Petaluma - You need to be calm in such situations. Some of i3 the complaints she is hearing, she had against the TLC predecessors when she came to town. ia Continuance of ineeting - At 11:10 a Councilmember asked how long this would continue. is The Council meetings are usually cqncluded by 11:00 p.m. There are other items on the i6 agenda. The City Manager advised that the persons who were in attendance for the McNear i~ Landing issue had left so that would be continued to the next meeting. ia Rod Moore, attorney - was attorney for TLC at the outset. He believed the animal; abuse was~ i9 not an issue. It is clear to him that there is another agenda here that the City staff represented Zo through Petaluma Police Department wants to replace TLC. Asked that TLC be reinstated. ~ ai The Council asked Julie Johnson if' it is hers or TLC's intention to sue the City 'if this body 22 votes to terminate the contract. Julie said she is not on fhe Board of. Directors, she .is an 2s employee. She is not interested in litigation, she is just interested in gefting back .into the 2a shelter. If the City decides to reinstate the contract, would TLC be interested suing. She said, 2s we would not sue. We want to pay our attorneys and to get paid and to get back to work. 26 The attorney said he is recommending very strongly that if they are brought back in that (a) it z~ would be the responsibility of the City to establish a liaison system hopeiully with a member of 2~ the City Council involved in the deal directly with them so they can have direct contact with 29 the Council. Secondly that the contract be looked at in such a way that if there is another 3o attempt to terminate it there will be some clear conditions in the contract that indicate under 3i what conditions termination can take place. They have been told by attorneys other than 3z myself and myself as well about their rights to sue in connection with the matter. Those rights s3 exist regardless of what you have heard tonight. He feels they have the basis for a civil rights 34 action against the Police Department of the City. They want their name cleared. 9 Tuesday January 2, 19~ Vol. 29, Page 297 i Captain Parks answered Council questions. He clarified his role as Police Captain in z connection with the animal control contract. Mr. Day offerecl to provide the City with a copy s of the incorporation documents tomorrow; copies of these documents had been requested in the a past by the City and had never been received. The City Councilmembers made the following s observations about the failures of TLC to fultill their contract: 6 Veterinary fees, according to Julie Johnson, were going to come from dog license fees. They ~ didn't budget for it. There was not a clear response to why this was not included in their s budget. Captain Parks said they could go back to the Council in January and deal with this 9 then, until that time they could go ahead and bill them for it. She thought the veterinary cost io for strays would be low because they have vet techs on staff and on call. ii Trainin~ - with the newness of the TLC organization, they did not take part in the training iz during the transition period. There is benefit in working with somebody who has been there is for a number of years. ia Cleanin~ kennels, feedinQ animals - veterinary statement of the kennel being in an unsafe and is unhealthy conditions i6 Animal adoption and redemption - complaint that TLC refused to accept kittens, turning away t~ animals, TLC being unresponsive to the cat left in a trap for 5 hours without food and water, ia kittens being adopted with eye infections, dog adopted with parvo virus. i9 Investi~ating animal complaints, nuisances, cruelty, enforcin~ Federal/State and local laws Zo pertainin~ to animals - incident where 18 cats were euthanized prior to the 72 hour holding 2i period, the allegations of the hosing of dogs, adopting out kittens only 4 weeks old 22 Picking up road kill and other dead animals - failure to respond to take care of dead cat in a zs garbage can after 3 telephone calls 2a Trap~ing of wild and domestic animals - unsafe shooting of skunks, release of wildlife, two zs stray cows that were brought into control by the County Animal Control, this is a rural z6 community and there are many other kinds of animals to be dealt with besides cats and dogs 2~ which was overlooked. 2a Contract was awarded because of 24 hour response and low bid - vicious dog call where TLC 29 allegedly declined to respond, inappropriate response of asking caller to intervene with two 3o vicious dogs, animal abuse call in process citizen unable to reach TLC staff, contract amount 3i was not going to be sufficient because of financial concerns and not budget for the medical s2 supplies and veterinary services 33 Personnel - no current listing of personnel provided to the city, no changes in personnel 34 provided to the city, relationship with city staff was very unprotessional ss O~eration data section - improper documentation, financial reports not submitted or were 36 submitted late s~ Financial concerns - money generated was to be documented through the City Finance ss Department, unauthorized fees, employees personally reprimanded for documenting fees on a 39 City form, employees paid under the table thus preventing them from having withholding ao protection, taking of City funds which would be the taking of donations, City fee schedule ai showing TLC fees a2 Fees - TLC was talking about establishing fees, that is the responsibility of the City Council --> ~~ j ~~ ' . ~~~ ~''~'~~~ Page 298, Vol. 29 Tuesclay, 7anuary 2, 1996 i Expect animal control official to be knowledreable' professional - tequested information on 2 gestation of rabbits and being told by person at animal control didn't know and tolcl me to call s my vet a Stand on the bid - the bidding process said that, and to come up a month later saying we did s not bid for veterinary services is unaceeptable 6 Service to the public - repeated deviations in service would be cause for termination of the ~ agreement, there is significant reason for termination of the contract, there is liabiTity to the a city, the issue of the pit bulls could have resulted in a different outcome, decrease in the level 9 of service to the community, safety has been compromised, from Day Orie complaints have io been generated about TLC handling of its contract, there is a loss of level of trust here ii The theory that TLC is being martyred because staff didn't get its way, that theory is complete iz and total untruth. The Council has heard complaints about the problems since the beginning. is These came from people from all over town. They promised they could deliver what they said ia they were going to deliver, now it's someone else's fault. There is unwillingness to follow is established procedures. Donation requests that were not clearly identified as voluntary. i6 Rich Rudnansky said the provision of the contract that allows for termination is Paragraph 20 i~ of the contract that indicates that if the City. or contractor has defaulted, the contraet may be is terminated with 30 days written notice and the City may operate the system thereafter pending i9 the outcome of the dispute or the termination of the contract. At this point if you as the ao Council feel ttrere has 6een a default in the contract, such things as failure to comply with ai Paragraph 9A of the agreement regarding compliance with the Taws, regulations and 22 ordinances, inadequacy of financial and operational reports, failure to properly perform animal z3 control services, unauthorized charging of fees and tilling out reports and submittal of same, 2a safety issues - some of that which you have indicafed fall within this general categories. Zs Introdueed by Mary Stompe, seconded by Matt Maguire to adopt Resolution 96-11 NCS ?6 authorizing the sending of the 30 day termination notice and authorizing staff to discuss with a~ TLC representatives whether or not there is any money du~ and owing, and if there is any; ag what the amount may be. z9 Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hi1lTigoss so Noes: None 3i Absent: Barlas 32 ItE50. 96-12 NCS 33 1995 PERRY AI,LOCATION EX'I'ENSION 34 Resolution 96-12 NCS extending the 1995 allocations for the Perry Subdivision from ss December 31, 1995, to March 31, 1996. Introduced by Nancy Read, seconded by Matt 36 Maguire. 3~ Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayar Shea, Mayor Hilligoss ss Noes: None 39 Absent: Barlas ~ Tuesday January 2, 19~6 Vol. 29, Page 299 i k'IRST STREET, RIVE~FRONT AREA, MC NEAR LANDING z At 12 o'clock the meeting was adjourned and the First Street, Riverfront Area, and McNear s Landing items were continued to the next meeting. 4 AD.TOURN s 6 . ~ 7 - . 8 9 M. Patricia Hilligoss, Mayor io ATTEST: ii ia 13 l ia Patricia E. Bernard, City Clerk is