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HomeMy WebLinkAboutCity Council Minutes 07/05/1994July 5, 1994 Vol. 28, Page 255 i MINUTES OF A REGULAR MEETING z PETALUMA CITY COUNCIL 3 TUESDAY, JULY 5, 1994 a ROLL CALL - 3:00 p.m. s Present: Parkerson, Sobel, Hamilton*, Barlas, Shea, Vice Mayor Read, Mayor 6 Hilligoss ~ Absent: Barlas g * -Arrived at 4:25 p.m. 9 PUBLIC COMMENT io Arthur Kerbel of the Old Adobe Development Center (GADS) spoke about the Ridge Trail i i item that is on the evening portion of the meeting. He expressed great concern about the iz trail coming down Casa Grande Road because of experience he has had experience 13 elsewhere with a very active trail, He said the portion of Casa Grande Road between Ely is Blvd. and the Old Adobe Park is very narrow. The area of that street near Casa Grande is High School is dangerous because of the game of "chicken" that is played by young 16 automobile drivers on a daily basis. His developmentally disabled students at Old Adobe i~ Development Center on Casa Grande Road are constantly being bussed around town. The is impact of a large group of bicyclists or hikers could be a problem for both the hikers and the 19 GADS center. There must be a better route into town. zo Jack Balshaw, 1680 Kearny Court -thinks that if the Council goes out for new bike bids zi they may not do any better. The signs at Prince Park on East Washington are still not up to zz indicate that pedestrians and youth may be entering the roadway. He thinks the tree z3 inventory that was discussed at the last meeting is an excessive cost to the City. Regarding za the dogs running under owner control in the parks, you already have sufficient regulations zs on the books to regulate dogs. No one is enforcing anything unless it is a problem. z6 MINUTES z7 The minutes for the June 27 meeting were approved as amended: zs Page 253, Line 5 -The Council discussed this at length and expressed their concern about the z9 invasiveness of noise into the residential area from the prior business. 3o CLOSED SESSION 3t The Council recessed to Closed Session to confer with the Labor Negotiator -John Scharer: 3z City of Petaluma, Petaluma .Employees Association, Petaluma Police Officers Association, 33 International Fire Fighters Association 1415 and to have a conference with Legal Council on 34 existing litigation: Chalmers v City of Petaluma. 3s VICE MAYOR 36 It was moved by Vice Mayor Read, seconded by Ross Parkerson to appoint Brian Sobel 37 Vice Mayor. 3s Ayes: Parkerson, Shea, Vice Mayor Read, Mayor Hilligoss 39 Absent: Hamilton, Barlas ao Abstain: Sobel Page 256, Vol. 28 July 5, l9)4 i LIAISON ASSIGNMENTS 2 The following liaison assignments were made for the 1994-95 fiscal year: 3 Planning Commission Ross Parkerson a Recreation Commission Jane Hamilton s Airport Commission Lori Shea 6 .Traffic Committee Carole Barlas ~ Library Advisory Board Nancy Read s CONSENT CALENDAR 9 The following items which are noncontroversial and have been reviewed by the City Council io and staff were enacted by one motion which was introduced by Nancy Read and seconded i i by Ross Parkerson. i2 Ayes: Parkerson, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss is Noes: None is Absent: Hamilton, Barlas is ItE50. 94-159 NCS i6 CLAIMS AND BLLLS i~ Resolution 94-159 NCS approving Claims and Bills #36896 through #37428. is It1ES0. 94-160 NCS i9 CANVASS JUNE 7 ELECTION Zo DECLARING CANVASS OF RETURNS AND RESULTS zi OF THE SPECIAL MUNICIPAL ELECTION zz HELD JUNE 7, 1994, WITH THE a3 STATEWIDE CONSOLIDATED PRIMARY ELECTION 2a AND ABANDONING THE' PROPOSED ASSESSMENT as WHEREAS, the City of Petaluma conducted a Special Election on June 7, 1994, in 26 conjunction with the Statewide Consolidated Primary Election; and, z~ WHEREAS. the City of Petaluma srtbmitted Measure E -Police and Fire Assessment Zs (ballot wording stated below) to the voters of the City of Petaluma; and, Y "Measure E -May the Petaluma City Council, for e ten years, levy a maximum special. assessment of $62.00 annually per detached. single-family dwelling s and amounts for other land uses as stated' in the assessment report only for Police and Fire. services N protecting o z9 WHEREAS, the votes from said election were received and canvassed by the Sonoma so County Elections Department, and the returns thereof were ascertained and declared in all si respects as reduired by law; and, s2 WHEREAS, City Council acknowledges that the assessment is abandoned due to fact that ss the measure received less than 50% approval of the voters: July 5, 1994 Vol. 28, Page 257 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as 2 follows: 3 (1) The City Clerk is hereby instructed to enter this Resolution on the minutes of this a meeting as a statement of the result of said election; s (2) The assessment measure is hereby abandoned; 6 (3) The total number of ballots cast in the Special Election held on June 7, 1994, were as ~ follows: a 9 to 11 12 13 MEASURES Total Votes Votes For Votes Against vleasure E frxile~f ' 11;054 4,939 ,,5,639' absentee only ,.1,239 1,438> Total number of Ballots 11,054 Registered Voters 26,352 Voter Turn-out 41.9% la RESO.94-161 NCS is RESIGNATION GERALD SMITII -TREE COMMITTEE 15 Resolution 94-161 NCS accepting the resignation of Gerald Smith from the Tree 17 Committee. His term expires June 30, 1995. is "~ RESO. 94-162 NCS 19 - RE.IECT BIDS & AUTIIORIZE NEW BID PROCESS zo Resolution 94-162 NCS rejecting bids for Police bicycles and authorizing staff to solicit new it bids. The 3 bids received were over the allotted funding of the $5,775.00 grant. The lowest zz bid for purchase of 7 bicycles was $6,301.54, or $526.54 over the budgeted amount. 23 RESO.94-163 NCS za TOBACCO SALES TO MINORS Zs Resolution 94-1.63 NCS authorizing the City of Petaluma "STAMP" of approval to those 26 merchants in Petaluma who do not sell minors tobacco. z~ RESO.94-164 NCS 2s UNIT 1 -CONFIDENTIAL SALARY & BENEFITS 29 Resolution 94-164 NCS approving salary and benefits for employees in Unit 1 -Confidential. 3o RESO. 94-165 NCS 31 UNIT 2 -MAINTENANCE SALARY & BENEFITS 3i Resolution 94-164 NCS approving Memorandum of Understanding for Unit 2 - 33 Maintenance. Page 258, Vol. 28 July 5, 1991 x~ ,,. i RESO. 94-166 NCS z UNITS 3 & 4 -TECHNICAL 3 AND PROFESSIONAL SALARY & BENEFITS a Resolution 94-166 NCS approving salary and benefits for employees in Units 3 and 4 - s Technical and Professional. 6 RESO. 94-167 NCS ~ UNIT 5 -CLERICAL a Resolution 94-167 NCS approving salary and benefits for employees in Unit 5 -Clerical. 9 RESO. 94-1b8 NCS io UNIT 7 -FIRE ii Resolution 94-168 NCS approving Memorandum of Understanding for Uriit 7 -Fire. iz RESO. 94-1.69 NCS 13 UNITS 8 & 9 -MANAGEMENT is Resolution 94-169 NCS approving salary and benefits for employees in Units 8 & 9 - is Management. i6 RESO. 94-170 NCS i~ FIRE DEPARTMENT -UNIT 7 is "PEMCHA" HEALTH CARE i9 Resolution 94-170 NCS electing to be subject to the Public Employees` Medical and zo Hospital Care Act with respect to members of the Petaluma International Fire Fighters' zi Association, Local 1415. The coverage described in this resolution shall become effective zz on August 1, 1994. z3 RESO.94-171 NCS za PETALUMA EMPLOYEES' ASSOCIATION -UNIT 2 zs °'PEMCHA" HEALTH CARE z6 Resolution 94-171 NCS electing to be subject to the Public Employees' Medical and z~ Hospital Care Act with respect to members of the Petaluma Employees' Association, Unit 2 zs -Maintenance. The coverage described in this resolution shall become effective on z9 September 1, 1994. 3o RESO. 94-172 NCS 31 CLOSURE KENT STREET -AUGUST G 3z Resolution 94-172 NCS approving closure of Kent Street between Howard and Central 33 Streets on August 6, 1994, between 5:00 p.m. and 10:00 p.m. 34 * * * * * End of Consent Calendar * * * * 35 APPOINTMENT TO VARIOUS BOARDS 36 River Committee -The Council agreed to leave the River Committee membership as it is; 37 because they are so close to completion of their task. July 5, 1994 Vol. 28, Page 259 i Annual Appointment ..Schedule -The annual appointments to committees, commissions and z boards was amended so that a meeting would be selected where all Council members were 3 present. Applications are due in the office of the City Clerk at 5:00 p.m. on July 27. a Interviews will transpire on Monday evening, August 8. The Planning Commission s questions were amended. 6 Jane Hamilton arrived at 4:25 p.m. 7 VICTOR TIIiJESEN - IC®I)IAIC ~ACIC'S s The Council continued their discussion about the neighborhood complaints about noise 9 emanating from the area of Petaluma Blvd. North between Martha Street and Mary Street. io After a review from Planning Director Pamela Tuft, the following persons spoke: ii Wayne Vieler, Kodiak Jack's -This is the new owner of the establishment at 256 Petaluma iz Blvd. North. He and his employees tried to maintain quiet outside of the establishment last 13 weekend. He also walked up to Mr. Thuesen's house on several occasions to listen to the is sounds. He did hear Kodiak Jack's music, but the sounds were less obtrusive than sounds is from the traffic on Petaluma Blvd. North. He also heard the sounds of vehicles driving on i6 steep Mary Street, and he heard the sounds from the Taco wagon patrons at the base of ~~ Martha Street across from Guadalajara with its live entertainment. He suggested closing is Mary Street at a certain time at night. People drive the wrong way on Martha Street. The 19 Guadalajara patrons park on his parking sites. They will continue to address this issue. zo Victor Thuesen - He heard the music. He doesn't call the Police or the Planning zi Departments anymore. A bar at that site is an incompatible use. This is really not a bar. zz The definition used by the City is not what he would use to describe a bar. This has been z3 going on for two years and nothing has been done. He agrees that a conditional use permit za for this type of establishment is the best way to handle such places. He could hear the disk zs jockey last weekend, although they did get rid of the bass notes booming up the hill. In the z6 City of Sonoma they closed a bar that was disruptive. He has asked about Guadalajara and z~ their permits, but he has received no answer. za Ed Grundstrom, attorney for Mr. Vieler -Kodiak Jacks is trying to be a good neighbor and z9 we ask for your cooperation. We can work on this together. We want to work together to 3o diminish the problem the best we can. When a business comes in that has a permit, has a 31 license to conduct a business, there is nothing you can do about it except when the business 3z violates the regulations. 33 Council comments: 3a We should move more quickly on the Taco Wagons so that they are moved away from the area. 35 We need a better definition of a "bar". We want an ordinance that would give us a better 36 opportunity to control problems. We should move aggressively on Taco Wagons. We should 37 also move aggressively to find out about Guadalajara and its permits. 3a The zoning ordinance amendments are going to the Planning Commission on July 26. 39 ®RI). 1957 NC5 ao INTERIM APPROPRIATION ai Introduce and Adopt Ordinance 1957 NCS appropriating funds for the operation of the City az from July 1, 1994, through August 31, 1994, and declaring the ordinance as an urgency 43 document to go into effect immediately. Page 260, Vol. 28 July 5, 1994 t Introduced by Jane Hamilton, seconded by Lori Shea. 2 Ayes: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss 3 Noes: None a Absent: Barlas s RESO.94-173 NCS 6 CITY ATTORNEY COST RECOVERY ~ Resolution 94-173 NCS requiring reimbursement to the City for City .Attorney fees and s costs for Planning and Engineering applications and permits. The following language is to 9 be added to the City's current applications: to "Applicant agrees to be responsible for the payment of all city attorney 11 costs and fees, both direct and indirect, associated with the processing of t2 this application. Such city attorney costs shall be at $130.00 per hour plus 13 actual costs. to "In addition to the initial deposit made at the time of the application is submittal, the applicant may be required to make further deposits for 16 anticipated work. Invoices are due and payable within thirty (30) days. i~ No work .shall proceed until deposits .are received." Introduced by Ross is Parkerson, seconded by Nancy Read. 19 Ayes: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss 20 Noes: None 21 Absent: Barlas zz RESO.94-174 NCS z3 CITY ATTORNEY CONTRACT 2a Reso. 94=174 NCS approving employment agreement with Richard R. Rudnansky, City 2s Attorney. Introduced by Ross Parkerson, and seconded by Nancy Read. 26 Ayes: Parkerson, Read, Hamilton, Shea, Vi¢e Mayor Sobel, Mayor Hilligoss 27 Noes: None 2a Absent: Barlas z9 CIFIARTER AMENDMENT DISCUSSION 3o The City Council asked staff to report to ti~em at the July 18 meeting about possible Charter 31 amendments that would reduce City costs. Ideas suggested were: (a) wording the minimum 32 bid requirement similar to General Law cities and (b) Council members pay. 33 ADJOURN 3a At 5:30 p.m. the meeting was adjourned and the Council went to Graziano's for dinner. 3s RECONVENE 7:00 and ROLL. CALL 36 Present: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss 37 Absent: Barlas 3s PLEDGE OF ALLEGIANCE 39 Recreation Director Jim Carr led the Pledge of Allegiance. ao MOMENT OF SILENCE July 5, 1994 Vol. 28, Page 26fl ~ PUBLIC COMMENT z Janet Barham -the animals at the Fireworks display on the 4th of July were distressed by the 3 fireworks and by the thoughtless people who allowed their children to stress the creatures. a Maybe you could have fireworks someplace else. s Alice Bonomi -expressed her concern about the animals being chased by dogs and children 6 at Lucchesi Park. 7 Wayne Diggs, 314 Jester Lane -advised the Council that airplanes taking off from the s airport turn west over the residences before they reach sufficient height. He was asked to 9 report any plane numbers that he may see making this maneuver. He handed the City Clerk io a petition with the signatures of 37 households. This petition sates that a few of pilots ii habitually fly over Kingsmill Subdivision. They have filed a complaint with the FAA. iz Betty Marks, 834 Stillson Drive -since the measure for Fire and Police lost, what is the City 13 going to do to replace antiquated equipment and how is the City going to help the Police is Department. is Councilwoman Jane Hamilton -explained to the audience that the Council is prohibited from 16 commenting at this time, but their statements would be answered. 17 Kevin Marks, 2016 Gilrix Street - he expressed appreciation to the Council for their support is of Measure E. 19 Hoot Smith, 501 Lakeville Street - he spoke to reinforce the words of appreciation for the 20 Police and Fire Departments and their need for help. zi John DeJong, 904 Sonoma Avenue - he had a structure fire at his property on Mt. View last za Sunday and complimented the Fire Department for their fine efforts to protect the house. i3 He feels the Police employees and Fire employees should not have to act in the political za arena. They should not have to do bake sales to get money for their departments. You Zs should ask the Chiefs what they really need. Fires are devastating events. This group of 26 personnel is one of the positive things that taxpayers receive for their money. z7 Steve Bolman, Rohnert Park, Petaluma School District Assistant Superintendent -thank you zs for your attempt on Measure E. We at the schools appreciate the Fire and Police z9 Departments. 30 COUNCII. COMMENTS 3l Nancy Read -the Committee of the Shelterless (COTS) held an open house at the Family 32 Shelter to dedicate the new play room. This was created by volunteer workers and the 33 families who have used the facility are very appreciative of this effort. Bingo in Rohnert 34 Park is now going "smokeless". That makes all cities in the County "smokeless" except 3s Cloverdale. 36 ItESO. 94-175 NCS 37 D®~iS IN PARKS 3s Resolution 94-175 NCS revising the policy authorizing dog owners to exercise their animals 39 off the leash but under owner control in designated parks. Dog owners shall have a "pooper ao scooper" with them. This makes the hours at parks 3 hours in the morning (6:00 a.m. to ai 9:00 a.m.) and 2 hours in the evening (8:00 p.m. to 10:00 p.m.) The evening times were of a2 some concern to Council members due to the lateness of the hour. It was agreed this will be a3 reviewed carefully and this is fora 5 month trial. It was asked that the Council receive a as report after a month to learn how well the program is working. The new time frames for as these leashless dog runs begins August 1. Page 2G2, Vol. 28 =A, Jule 5, .199=4 ~'- ~:; i Alice Bonomi and Janet Barham expressed concern for the other animals that may come into z contact with the dogs. 3 The resolution was introduced by Nancy Read, seconded by Ross Parkerson with the added a comment that the Recreation Commission should be in the information loop on the subject. s Ayes: Parkerson, Read, Hamilton, Shea, Vice Ma}~or Sobel, Mayor Hilligoss 6 Noes: None ~ Absent: Barlas l) o~ • N O ~~ a RESO.94-176 NCS ~""~` ~~ 9 BAY AREA RIDGE TRAIL to Resolution 94-.176 NCS approving the route and sign program for the Bay Area Ridge Trail ti which will come into town down Casa Grande Road from t11e Old Adobe State Park to t2 South McDowell, northerly along South McDowell to Caulfield Lane, then on Caulfield t3 Lane to Payran Street, then on Payran Street to D Street, westerly on D Street to 6th Street, is southerly on 6th Street to G Street, and westerly to McNear Park which is the: end of the is trail. David Glass of Victoria Subdivision spoke about the problems encountered by t6 residents near a "trail" in other areas. t~ Dee Swanhuyser of the Bay Area Ridge Trail Council said they are happy to have the trail is go this far into town. They will continue to look. for a way to connect the trail to Putnam t9 Park. It was noted there will be signs for the trail as well as for directions to downtown and zo other sites of local interest placed at strategic. intersections. Introduced by Jane Hamilton, zt seconded by Ross Parkerson. 22 Ayes: Parkerson, Read, Hamilton, Shea, ViccMayor Sobel, Mayor Hilligoss 23 Noes: None 2a Absent: Barlas zs RESO.94-177 NCS 26 WEED ABATEMENT z~ Resolution 94-177 NCS confirming tl~e cost of abatement of weeds ordered abated by 2s Resolution 94-52 NCS. The public hearing was opened. There being no one wishing to z9 speak, the hearing was closed. The resolution was introduced by Vice Mayor Sobel, 3o seconded by Jane Hamilton. 31 Ayes: Parkerson, Read, Haniillon, Shea, Vice Mayor Sobel, Mayor Hilligoss 32 Noes: None 33 Absent: Barlas 3a RESO.94-178 NCS 3s LANDSCAPE ASSESSMENT DISTRICT - ANNi1AL 36 Resolution 94-178 NCS describing improvements and directing preparation of Engineer's 37 Report for Fiscal Year 1994-95. 3s RESO. 94-179 NCS 39 LANDSCAPE. ASSESSMENT DISTRICT -REQUEST ENGINEERS REPORT ao Resolution 94-179 NCS of prelimi'naty approval of Engineer's Report for Landscape at .Assessment Districts for Fiscal Year 1994-95. - - - _~.- July 5, 1994 Vol. 28, Page 263 t RES®. 94-180 NCS z LANDSCAPE ASSESSMENT DiSTRiCT -APPROVE. ENGINEERS REPORT 3 Resolution of preliminary approval of Engineer's Report for Landscape Assessment Districts a -Fiscal Year 1994-95: s 1-------Adobe Creek 1 & 2 -------------------------------------------------- $0.00 6 2-------Anna's.Meadows------------------------------------------------------ 98.45 ~ 3 -------fader Farms----------------------------------------------------------- 33.19 s 4-------Casa del Oro 3, 4, 5, & 6-------------------------------------------- 16.95 9 5 -------Casa del Oro io Annexation 2 Country Club Estates 1-----------------------------199.57 i i 6 -------Casa del Oro iz Annexation 3 Sycamore Heights------------------------------------ 34.33 13 7-------Corona Ranch Apartments --------------------------------------------0.00 is 8 -------Crane Glen ------------------------------------------------------------ 49.71 is 9-------Fairway Meadows---------------------------------------------------- 47.37 i6 10 -----Glenbrook ------------------------------------------------------------- 39:6 48.87 i~ 11 -----Hillview Oaks--------------------------------------------------------- 40.00 ~s 12 -----Kingsmill -------------------------------------------------------------- 34.73 i9 ~ 13 -----Meadow Park 1, 2, & 3 ---------------------------------------------- 55.45 zo 14 -----Mountain Valley------------------------------------------------------ ~2 75.71 zi 15 -----Park Place 5 ----------------------------------------------------------- 21.95 zz 16 -----St. James Estates 1 & 2---------------------------------------------- 75.00 z3 17 -----Shelter Hills Village -------------------------------------------------- 18.18 za 18 -----Sonoma Glen single-family ------------------------------------------ 39.91 zs 19 -----Sonoma. Glen townhouses* ----------------------------------------- 26.34 z6 20 -----Spring Meadows V--------------------------------------------------- 76.86 z~ 2 1 -----Tatum ------------------------------------------------------------------ 1 5.00 zs 22 -----Village East III-------------------------------------------------------- 64.70 z9 23 -----Village Meadows ----------------------------------------------------- 81.83 30 24 -----Westridge 4 ----------------------------------------------------------- 49.86 31 All of the above three resolutions (94-178 through 94-180) on Landscape Assessment 3z Districts were introduced by Vice Mayor Sobe] and seconded by Lori Shea. 33 Ayes: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss 3a Noes: None 3s Absent: Barlas 1,.: Page 264, Vol. 28 July i, 1994 i RESO.94-18.1 NCS z ASSESSMENT DISTRICT ADMINISTRATIVE CAARGES 3 Resolution 94-181 NCS setting anrnial administrative costs for the City.'s assessment a districts. Introduced by Nancy Read, seconded by Vice Mayor Sobel. s Ayes: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss 6 Noes: None Absent: Barlas s RESO.94-182 NCS 9 LANDSCAPE ASSESSMENT DISTRICT CONTRACT to Resolution 94-182 NCS awarding a contract to Nystrom Landscape of Santa Rosa for tt $59,245 for atwo-year period. Introduced by Vice Mayor Sobel and seconded by Lori tz Shea. 13 Ayes: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss to Noes: None is Absent: Barlas t6 RESO.94-183 NCS i~ MOU UNIT 6 -POLICE is Resolution 94-183 NCS approving Memorandum of Understanding for Unit 6 -Police. t9 LIAISON REPORTS zo BUDGET SUBCOMMITTEE Jane Hamilton asked if the Council could agree upon a date zt for meeting with the Budget Subcommittee for closure to the subjects discussed at the zz meeting which we had with them a month ago. She also asked for documentation of the z3 statements of the recommendations which were discussed. City Manager Scharer noted that za with in the General Fund portion of next year's budget, most of the items brought. up by the zs budget subcommittee are responded to. Tt~e Council then felt there was no need for an extra z6 meeting on this phase of the budget subcommittee work, z~ AIRPLANE FLIGHTS OVER RESIDENCES Nancy Read asked about placement of signs zs at the airport runway to alert pilots of the regulations against flying over the residences at z9 such a low altitude. City Manager Scharer noted that there are signs there already. They are 3o working on the problem of errant pilot behavior. All local pilots have been notified of the 31 regulation. It was noted that obtaining the airplane identification number is important. This 3z can then be dealt with more easily. 33 CITY MANAGER REPORTS 3a City Manager John Scharer read his budget message. The Council was given the General 3s Fund budget at this meeting. The remainder of the budget will be submitted at a later time. July 5, 1994 2 At 8.:40 p.m., the meeting was adjourned. 3 a ATTEST: s atricia .Bernard, City Clerk Vol. 28, Page 265 ADJ®~JIZIlT . 9.;+~3 Page 2GG, Vol. 28 Jule 5, 1994 i 2 3 a This page has been left blank. #~ ~ ... ..._ . 4#-+~'YS~~S ? t .';5 ..,.. ,1~_,ti~' r. r~.a..r ....:~~[.4 ~. t ~ ~~3h. '~y'~; "~,