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HomeMy WebLinkAboutMinutes 08/14/1967MINUTES OF .MEETING OF CITY COUNCIL PETALUMA,- CALIFORNIA AUGUST 14, 1967 ,,Council Meeting. Special Meeting-of the Council of the City of Petaluma called to order by Mayor Helen Putnam at the hour of 7:30 o'clock p.m. Attendance Present: Councilmen Battaglia, Brainerd, Cavanagh, Jr., Colin, Joerger, Lipman and Mayor Putnam. Absent: None. Notice of the Call Notice of the Special Meeting called for August 14,. 1967, the certificate of the City Clerk of ,,.,,•. the delivery of said notice and the consent of the .members of the City Council to the holding of said meeting, submitted and filed. Purpose of the The meeting was called to discuss and act on Meeting the claim of Pacific Growers re Petaluma River navigational rights,.to act on the tax levy ordinance.and to consider and act on the Cer- >, tif,icate of Completion for "Water Pollution Control Facilities, 1966- Project Unit #2." Pacific Growers re A motion was made by Councilman Lipman, and sec Washington St: Bridge onded by Councilman Joerger, to remove from the Res., 44810 NCS table the matter of Pacific Growers re Petaluma River navigational rights. Motion carried by 6 affirmative and-1 negative votes. The nega- tive vote was -cast by Councilman Cavanagh, Jr. Referring:to. 3tem -1 on.the Special Call of the -.e >. meeting - "To discuss claim of Pacific Growers re Petaluma River navigational rights," Council- man Cavanagh, Jr:., asked if a claim had been filed against the City. In answer; the City Attorney explained-that-no formal claim has been filed but that Pacific Growers has filed a.protest with the-U.. S. Corps of Engineers of what the City proposes to do that closing the head,of may g Lion at Washington Street ' will infringe upon their rights. Councilman,Battaglia Chairman of the Council .;�. Committee-appointed to .negotiate with Pacific Growers regarding their objection to the City's application with the U. S. Corps of Engineers to close the head of navigation at Washington ,,,.. Street,,reported that.the Committee reviewed all correspondence and'.discussed the matter with the staff, and following a poll of the Committee, it is theii unanimous recommendation to the Council that the staff's counteroffer be ac- cepted to pay $50,000 to Pacific Growers for destroying their navigational rights, based on a condition that- payment be made after the per- mit is granted by the U. S. Corps of Engineers and after the contract is awarded for the bridge and construction starts. Councilman Battaglia added that possibly this could have been resolved at the last Council meeting had the Council Committee been informed of the negotia- tions: between the staff and Pacific Growers. He asked that any future Council Committee ap- pointed by the Mayor be a true acting committee. Councilmen Joerger and Cavanagh, Jr., also commented on the lack .of communication between the Council Committee and the staff on this matter. 62 August 14, 1967 Pacific Growers Washington St. Res. #4810 NCS (Continued) re Funding of the payment was discussed and the, Bridge City Manager indicated that State Gas Tax,'monies normally deposited in the General Fund when re- ceived will be available and by Council auth- orization, will be used for the subject project,, and in addition, if approved by the State, 1,86 and 2107 State Gas Tax Maintenance and Corstiuc- tion Funds will also be available. Congressional approval to designate the head of navigation at Washington Street was also con sidered. The City Attorney commented that moving the*'head of navigation from a Congressional standpoint is of little import. If the permit is granted by the U.S. Corps .of Engineers and the bridge is constructed, the head'of naViga= ti on•is at Washington Street in fact, and wh ether or not Congress officially takes,actlon is of little practical ,value: He added' that it is-something on paper saying that the navigable waters are declared by Congressiona -1-f at to stop at Washington Street: Further discussion continued regarding payment of the.compromise to Pacific Growers and-it was agreed by.the Council that the contractual agree - ment to be prepared by the City Attorney cover- ing payment of the $50,000 include'a provision regarding the•condit'ion of payment as recommended by the Council Committee;. The City Attorney was asked . to have the Committee review and." approve the agreement before submitting it to Pacific Growers. In reply to Councilman Joerger's comment that he felt the City was being "mobbed "' in this settlement, City Attorney Robert explained f'or the record that this isr�a)iocompromise and that there is a value to these navigational rights,, but how much, can only be determined by.a court decision, and.the staff feels that after con, sidering numerous facts, the amount of $50,000 'isl the realm of reality- Mr.. Robert continued by` saying that the staff has made for the Council.its.be'st educated guess.. In conclusion of the discussion and in answer'' to Councilman Joerger "s question whether any future claims could be filed: loss of navi- gational 'rights, the City Attorney stated. `that one other protest was filed with the U. S. Corps of by Hoyt Buford, but since 'Mr:.Buford has never used the navigational rights, it is doubtful if any action would re - . suit. "Following deliberation of the matter, Resolution #4810 N.C.S. authorizing payment of $50,000; to Pacific Growers in compromise of claim for loss of navigational rights, was introduced by Coun- ci lman Battaglia, seconded by Councilman Brainerd, and adopted by 6 affirmative and -1 negative votes. The negative votes was cast by Councilman Cavanagh, Jr., who stated that in his opinion., this is a forced Council de cision and that there was a breakdown communication on the entire matter, adding that he does not oppose the project but the way it was handled. Mr.`Herman Obregon, Treasurer of the Pacific Growers' was present but did not have any comment to make., I I August 14, 1967 Pacific Growe ' rs re. The following procedure for progressing with Washington St. Bridge the project at this time outlined by Director Res. es. #4810 NCS ' of Public Works David Young was generally (Continued) approved by the Council: To urge the U. S. Corps of Engineers to issue the permit to close the head of navigation at Washington Street just As speedily as possible, adding that Pacific Growers undoubtedly will send a letter to the Corps withdrawing their pro- test to the City's application, and After the Corps has held the hearings and the permit is granted, the Council then authorize the staff to enter into a detailed design contract. Tak Ordinance The City Manager reviewed anticipated revenue's, Ord.• # NCS to be derived from the cigarette tax and ac- celerated sales..tax during the next fiscal year. He suggested that these monies be re- served to provide additional personnel in the Police and Fire Departments, for salary in- creases next January, for a fire house facility ' east of the Freeway, etc., and not be used to reduce the tax rate. Follbwing a brief dis- cussion, Ordinance #873 N.C.S. levying rates of taxation upon the assessed valuation of the property in the City for the fiscal year July 1, 1967, to June 30, 1968, was introduced by Councilman Colin, seconded by Councilman Joerger, and ordered published by 6 affirmative and 1 negative votes. Councilman Cavanagh, Jr., cast"the negative vote, stating that he voted "no" because of the various anticipated revenues. Water Pollution Control Certification of Completion, dated August 111 #1 Facilities, Project 1967, from Director of Public works David Young, Unit #2 - read and filed. Mr. Young explained that the Res. #4811 NCS contractor, McGuire and Hester, has pompleted the work in accordance•with the plans and specifications except for some minor remedial work to be done, adding that Yoder Associates recommend that $3500 be withheld from the final payment to cover these exceptions, whereupon Resolution #4811 N.C.S. accepting substantial completion of work in "Water Pollution Control Facilities, 1966, Portions A & F, Schedule 1, Project Unit #2," was introduced by Council- man Battaglia, seconded by Councilman Colin, and adopted by 7 affirmative votes. Adjournment There-being no further business to come before the Council-, the -was adjourned at 8:40 o'clock p.m. t ' o study session to consider and discuss Tele-Vue Systems, Inc., request concerning underground installations and FM sets. Mayor Attest: City Clerk