HomeMy WebLinkAboutMinutes 11/04/1991AppYav~.d as swbm;~.~.
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November 4, 1991
Vol. 26, Page 437
1 MINUTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, NOVEMBER 4,1991
4 3:00 P.M. ROLL CALL
5 PRESENT: Read, Davis, Cavanagh, Vice Mayor Woolsey; Mayor
6 Hilligoss, Sobel*, Nelson
7 ABSENT: None
8 * Councilman Sobel attended the Sonoma County Transit
9 Authority meeting in Santa Rosa and arrived at 4:30 p.m.
to PUBLIC COMMENT
11 Jack.Balshaw, 1680 Kearny Court -suggested there are several traffic problems at the
12 site of the intersection.. of Fairgrounds Drive and East Washington Street: (1) People
13 drive the wrong way on the one-way southbound portion of Fairgrounds Drive in front
14 of the Library; (2) People make U-turns against the traffic at the intersection of
is Fairgrounds Drive and East Washington Street; (3) People exit onto Washington and
16 make a left turn to go westbound; (4) People park at the white zone near the flower
17 stand, purchase flowers, and make a U-turn to go back to downtown. He suggested
1s the City create a long median on East Washington to restrict left turn movements onto
19 East Washington from. Fairgrounds Drive, paint the curb red at the swimming pool
20 entrance by the flower stand.
21 MINNUTES
22 The October 21 minutes were approved:
23 Page 427, Line 47 -change "City's" to cities;
24 Page 431, Lines 11-14 -change title to read "UNREINFORCED MASONRY
25 BUILDING REPORT"';
26 Page 433, Line 8 -change "persue" to pursue.
27 CONSENT CALENDAR
28 T'he following items which are -noncontroversial and have been reviewed by the City
29 Council and staff were enacted by one motion which was .introduced by Jack
3o Cavanagh, and seconded by Bonnie Nelson.
31 AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey,
32 Mayor Hilligoss
33 NOES: None
34 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
35 meeting in Santa Rosa)
36 RESO.91-314 NCS
37 CLAIMS AND BILLS
38 Resolution 91-314 NCS approving Claims and Bills # 14700 through # 15141.
39 RESO.91-315 NCS
40 REPAIR FIRE UNIT 9385
41 Resolution 91-315 NCS approving expenditure of $3,355.69 for emergency repairs to
42 Fire Unit No. 9385.
Page 438, Vol. 26 November 4, 1991
1 RESO.91-316 NCS
2 VETERANS' DAX PARADE
3 Resolution 91-316. NCS authorizing closure of portions of Western Avenue, Kentucky
4 Street, Washington Street 'and 'Petaluma .Blvd. between Washington Street and D
5 Street for the Veterans Day Parade on Monday, November 11, 1991.
6 RESO.91-317 NCS
7 COMPLETION -NORTH MC DOWELL ASSESSMENT DISTRICT 17 WORK
8 Resolution 91-317 NCS accepting completion of the public. improvements in
9 connection with.. the North McDowell Assessment District 17 (widening North
1o McDowell Blvd. to four lanes between Lynch Creek Way and Corona Road). The
11 contract work was performed by Dori Dowd for a total cost. of $3,120,373.10.
12 Prior to the .vote on the Consent Calendar, the Council asked staff to report= on the
13 cost of installing rubberized railroad crossing material at all railroad crossings in town.
14 * * * * * End of Consent Calendar
15 RESO: 91-318. NCS
16 ELLWOOD CENTER GROUND WATER. TREATMENT SYSTEM
17 Fire Marshal Clyde Thomas presented a status report on the soils investigation at the
is site of the underground gasoline and diesel tank removal and subsequent boring of 19
19 ground water monitoring wells utilized to evaluate the degree of hydrocarbon ,product
20 migration from the old tank site. Van Houten Consultants, Inc., report that "several
21 inches of .free- product (gasoline) have been. detected floating on the ground water in
22 Moriitoring Well. # 1." The. consultant recommends utilizing 3 of the monitoring wells
23 for recovery of the free product and for removal of "dissolved product". 'Th'e removal
24 of dissolved hydrocarbon product will be accomplished by use of a charcoal canister
25 filtration system. The recovered gasoline will be utilized by the City.
26 Due to the unpredictable nature of .the "plume", the consultant. is unable to estimate
27 the time it will take to accomplish the. task of .hyydrocarbon product :removal from this
28 site. The resolution awards the contract for equipment installation to Clean
29 Environment Engineers of :Emeryville' for $27,009. Introduced by -Vice Mayor
3o Woolsey, 'seconded by Bonnie Nels'ori.
31 AYES: Read, Davis, Cavanagh, Nelson, Vice.Mayor Woolsey,
32 - Mayor Hilligoss
33 NOES: None
34 ABSENT: Sobel (Councilman. Sobel was attending the Sonoma County Transportation Authority
35 meeting in Santa Rosa)
36 RESO.9:1-319. NCS
37 REDWOOD BUSINESS PARK III' SPECIAL ASSESSMENT PROCEEDINGS .
3s Resolution 9.1-3.19 .NCS accepting- in principle the proposal. received from. G & W
39 Redwood Associates, :Joint Ventures, for Special Assessment proceedings to cover
4o construction of public improvements in Redwood Business Park III. The proceedings
41 ~ shall be taken under the Municipal Improvement Act of 1913 with improvement
42 ~ bonds to be issued under the Improvement. Bond Act. of 19,15. ~ , .
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November 4, 1991 Vol. 26, Page 439
REDWOOD BUSINESS PARK III ASSESSMENT contd.
2 Due to the low interest rates available at this time, bonds will be issued. within the next
3 several. months, and the proceeds will be laced in an escrow account. Introduced by
4 Jack Cavanagh, seconded by .Michael. Davis.
5 AYES: Read,.Davis, Cavanagh, Nelson, Vice Mayor Woolsey,
6 Mayor Hilligoss
7 NOES: None
8 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
9 meeting. in Santa Rosa)
to RESO.91-320 NCS
11 REDWOOD BUSINESS PARK III, PHASE 1, AGREEMENT
12 Resolution 91-320 NCS authorizing the City Manager to sign a Public Improvements
13 Agreement for Redwood -Business Park III, Phase I, prior to approval of the final map.
14 The developer requested permission to enter into the agreement at this time in order
15 to take advantage of the remaining food weather for the installation of underground
16 utilities. Introduced by Michael Davis, seconded by Jack Cavanagh.
17 AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey,
18 Mayor Hilligoss
19 NOES: None
20 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
21 meeting in Santa Rosa)
22 RESO.91-321 NCS
23 HILLVIEW OAKS - BURBANK HOUSING
24 Resolution 91-321 NCS' approving the transfer of the,, affordable housing site, which
25 was dedicated to the' City of 'Petaluma by Quaker Hill-Blackburn and B-T Land
26 Development as a .requirement. of their Development Agreements with the City, to
27 Burbank Housing Development Corporation for 30 affordable homes to be sold to
28 moderate income first-time home-buyers. -Thin agreement, provides that within two
29 years of the date of propperty transfer, Burbank will `have obtained all the required
3o permits; approvals and financing -so construction.- may- commence. Introduced by
31 Bonnie Nelson, seconded by Vice Mayor Woolsey.
32 AYES: Read, Davis,,Cavanagh, Nelson, Vice Mayor Woolsey,
33 Mayor Hilligoss
34 NOES: None ~•
35 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
36 meeting in Santa Rosa)
37 RESO.91-322 NCS
38 HILLVIEW OAKS. AFI',ORDABLE HOUSE RESALE CONTROLS
39 Resolution 91-322 NCS approving a trust agreement with Burbank Housing
4o Development Corporation resale control documents to maintain the affordability of
41 these units. Introduced by Vice Mayor Woolsey, seconded by Nancy Read.
42 AYES: Read, Davis; Cavanagh, Nelson, Vice Mayor Woolsey,
43 Mayor Hilligoss
44 NOES: None
45 ABSENT: Sobel (Councilman Sobel was attending the,Sonoma County Transportation Authority
46 meeting in Santa Rosa)
Page 440, Vol. 26
November 4, 1991
i. .. .~~, 4..~.
1 RESO.91-323' NCS
2 WASHINGTON CREEK.APARTMENTS -SUBORDINATION AGREEMENTS
3 Resolution 91-323 NCS approving execution of subordination agreements: Wells
4 Fargo Bank, State of California Department of Housing ' and Community
5 Development, and the ground' lease: between Eden .Housing and Washington Creek
6 Associates, the low-income housngtax-credit partnership for the Washington Creek
7 Apartments. These 32 below-market-rate units will be constructed. by Eden :Housing,
8 Inc. The Eden Housing attorney has promised. to furnish the City with a document
9 acknowledging that the subordination is only to the deed of trust and by no means
1o relinquishes the City's rights in .any other way. Introduced by Bonnie Nelson,
11 seconded` by Vice Mayor Woolsey.
12 AYES: Read, Davis; Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
13 .NOES: None
14 ABSENT: Sobel: (Councilman Sobel was attending the Sonoma County
15 Transportation Authority meeting in Santa Rosa)
16 RESO.91-324 NCS
17 SEWER REIMBURSEMENT AGREEMENT - JONAS & PIOTRKOWSKI
18 Resolution 91-324 NCS authorizing aten-year sewer' reimbursement.. agreement' with
19 Larry Jonas and Irv Piotrkowski for Lands of Jonas & Piotrkowslci. (I Street and
20 Josette Court). During that time, should there be connection(s) to the sanitary sewer,
21 Jonas-Piotrkowski would be reimbursed at .the .rate of $.19.45 per front foot for each
22 connecting lot. Introduced by Jack Cavanagh, secorided~ by Nancy Read.
23 AYES:. Read; Davis, Cavanagh; Nelson; Vice Mayor Woolsey, Mayor Hilligoss
24 NOES: None
25 ABSENT: Sobel (Councihrian;Sobel was, attending the Sonoma County ~ '
26 Transportation Authority meeting in-Santa Rosa) _ _ '
27 RESO.91-325 NCS
28 WATER MAIN PAYBACK AGREEIVIENT~- J®NAS.& PIOTRKOWSKI
29 Resolution 91-325 NCS approving a watermain extension~`payback agreem`erit with
3o Jonas - Piotrkowski for I Street and.. Josette :Court. The agreement. provides 'for the
31 City to reimburse them; at the rate of $719.55 per' :year for,-ten years. Introduced by
32 ~ Nancy Read, seconded by Jack Cavanagh.
33 AYES: Read, Davis, Cavanagh, Nelson; Vice Mayor Woolsey, Mayor Hilligoss
34 NOES: None
35 ABSENT: Sobel (Councilman:$obel was attending the Sonoma County
36 Transportation Authority meeting; in Santa Rosa)
37 .ORD. 1873 NCS
38 WATER PAYBACK INSTALLATION COSTS
39 Introduce Ordinance 1873 NCS amending Chapter 15.08 of the Petaluma Municipal
4o Code to provide for a water payback agreement process similar to that used for sewer
41 payback agreements. Introduced by Michael Davis, seconded by Vice Mayor
42 Woolsey.
43 AYES: Read, Davis, Cavanagh, :Nelson, Vice Mayor Woolsey, ,Mayor Hilligoss
44 NOES: None
45 ABSENT; Sobel (Councilman Sobel was attending the Sonoma County
46 Transportation Authority meeting in Santa Rosa)
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November 4, 1991 Vol. 26, Page 441
1 MEDIAN ISLAND
2 NORTH MC DOWELL BLVD. AT LAUREN DRIVE
3 The City Council discussed the design of the two-foot wide concrete median island
4 which is to be installed on North McDowell at .Lauren Drive to deter vehicles from
5 ..making a northbound left-turn into the Plaza Shopping Center. It was. agreed that the
6 materials at both ends of the island would be sirrular to the median islands currently _
7 .being. constructed on South McDowell Blvd. The crosswalk at Lauren Drive .will be
8 removed leaving protected pedestrian crossings of North McDowell Blvd. at ~ East
9 Washington and at East Madison. Once begun, the project is estimated to take two- s
1o weeks fo' complete. Staff was directed to time the construction of this median so that
11 there will be no interference with the anticipated increase in traffic for November and
12 December retail. shopping. There was Council consensus to the above.
13 RESO.91-326 NCS .,
14 - WESTRIDGE 4 AND 5 TENTATIVE MAP TIME EXTENSION
15 Resolution 91-326 NCS amending. Resolution 91-21 NCS to correct the extension date
16 for the Westridge 4 & 5 Tentative Subdivision Map by changing it from January 9,
17 1992; to 'October 3, 1992. Introduced by Vice Mayor Woolsey, seconded by Michael
18 Davis.
19 AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey,
20 Mayor Hilligoss
21 NOES: None
22 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
23 meeting in Santa Rosa)
24 Councilman Sobel arrived at 4:20 p.m.
25 WOOD, YARD, & HOUSEHOLD HAZARDOUS WASTE
26 PROPOSED JPA WITH COUNTY AND CITIES
27 The Council discussed the proposed Joint Powers Agreement with Sonoma County for
28 wood waste, yard waste, household hazardous waste and public education to meet the
29 requirements of the California Integrated Waste Management Act of 1989 (AB-939)
3o which was codified into the Public Resources Code as Division 30, Section 40000 et. seq.
31 Concerns and comments expressed by the Council included the following:
32
33 - There is no discussion of any financing options.
34 - These cost estimates are not documented.
35 - Because the residents are already responding well to recycling, we..do
36 not want to be trapped into producing a certain amount of waste.
37 - It is the City's responsibility to deliver the : "waste" to the central
38 recycling point.
39 - The most environmentally sensitive alternatives to handling the waste
4o must be considered throughout the process.
41 - Let it be noted that Xeriscape does not generate a lot of yard waste.
a2 - Cities should not be penalized for being ecologically aware.
43 CLOSED SESSION
411 At 4:55 p.m., the meeting was recessed to a Closed Session to discuss acquisition of
45 real property - McNear Peninsula.
~ ADTOURN to 7:00 p.m.
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Page 442, Vol. 26
1 RECONVENE 7:00 p.m.
November 4, 1991
- ~ t . -app ,,*,~;ky..
2 ROLL CALL
3 PRESENT: Read, Davis, Cavanagh, Vice Mayor Woolsey, Mayor
4 Hilligoss, Solel, Nelson
5 ABSENT: None ~
6 PLEDGE OF ALLEGIANCE was led by Ross Parkerson.
7 PUB'L:IC COMMENT
8 Colin McKenzie, 335- Vallejo Street -the neighborhood was not notified of the change
9 in schedule on the Vallejo Street agenda item. He spoke on -behalf of a number of
to families .in the area noting they are completely in favor of the pproject with three
11 exceptions: '(1) 'The Jefferson Street residents' main sewer line-plugs up weekly, so
12 they wish to have a more adequate sewer line,; (2) There is a question as to the
13 location and quantity ~of the residential off-street. parking, if these lots are to~~be .only
14 40 feet wide; (3) Two of the families are .concerned about the number. of '.houses
15 planned .for that site. .
16 Ned Orrett, 625 Second Street - He was unable to stay for the discussion about the
17 public meetings on sewer plan expansion, so he noted. that this is the way to proceed
18 and the process will ultimately provide valuable information and direction for the
19 sewer plant project.
20 CITY COUNCIL COMMENTS
21 Michael Davis -there is. a, problem with the traffic exiting from. the street behind
22 Fino's Restaurant (northwest corner Petaluma Blvd. North and Washington Street)
23 and turning left onto Washington Street. Also, often the traffic is going the wrong way
24 on Water Street.
25 - - -The Putnam Plaza crosswalk needs something for pedestrians to cross Petaluma
26 Blvd.; i.e. a pedestrian activated :signal.
27 Bonnie Nelson - (in response to the pedestrian activated signal) there is such a light
2g on D Street; and the red light is ignored by some of the traffic.
29 - - -She wants to discuss signs, sandwich boards,. garage sale signs and ,.related issues.
30 - - -The dog walking area she has been suggesting need not be a fancy place. She
31 asked that the subject be placed on'an agenda for discussion.
32 Lynn Woolsey -the crosswalk. at Putnam Plaza on Petaluma Blvd. North is a part of
33 the River Walk design discussions.
34 Mayor Hilligoss -mentioned the note of appreciation from the Carousel Fund for the
35 City authorizing them to auction the opportunity to name a street in an undeveloped
36 subdivision (subject to approval of the City's'Street Nanung Committee):
._. S ~
November 4, 1991 Vol. 26, Page 443
1 CHAMBER OF CONYMERCE LETTER REGARDING FAIRGROTNDS
2 BARGAIN .MARKET - ADDED TO THE AGENDA
3 It was moved by Michael Davis, .seconded by Vice Mayor Woolsey, the City Council
4 finds the following subject came up after publication of this meeting's agenda and
5 wishes to add it as the last item to this .agenda: letter from the'Chamber of Commerce
6 regarding the fact that the .Fourth District Agricultural Association just announced
7 plans to operate a discount retail .market at the fairgrounds on weekends beginning
8 November 16. (Please see the last discussion item of these minutes.)
9 AYES: Read, Davis, Cavanagh, Sobel, Nelson
10 Vice Mayor Woolsey, Mayor Hilligoss
11 NOES: None
12 ABSENT: .None
13 MARINA OFFICE PARK GENERAL PLAN AMENDMENT
14 The resolutions approving Negative Declaration and General Plan amendment for the
15 Marina Office Park Associates were continued to December 2, 1991.
16 PEP - VALLE.TO STREET
17 The proposed actions on the Petaluma
18 Ecumenical Projects -Vallejo Street project were continued to December 2, 1991.
19 ORD. 1874 NCS
20 TREE ADVISORY COMMITTEE
21 Introduce Ordinance 1874 NCS amending the Petaluma Municipal Code by adding
22 Chapter 2.80 establishing a Tree Advisory Committee. Introduced by .Michael Davis,
23 seconded by Nancy Read. The ,membership of the committee shall consist of one
24 member of the Planning Commission, one member of SPARC, one member of the
25 Recreation Commission. and three public members,. and one tree specialist who need
26 not be a resident of the City. In-order to allow the ad hoc committee to finish the
27 start-up work they have scheduled, the composition. of the first committee shall
28 consist of the ad hoc committee. Since there are two Planning Commissioners who
29 are active on the committee now, one of the public members shall be a member of the
30 Planning Commission.. The specialist is Don Waxman, anon-residen. The City
31 Council agreed that the: Planning Department shall staff the committee and a
32 representative of the .Public Works Department shall also attend the committee
33 meetings.
34 AYES: Read, Davis, Cavanagh,. Sobel, Nelson
35 Vice Mayor Woolsey, Mayor Hilligoss
36 NOES: None
37 ABSENT: None
38 RESO.91-327 NCS
39 1992 SECONDARY ALLOCATIONS TIME EXTENSION
40 Resolution 91-327 NCS approving the extension of 1992 Secondary Allocations for
41 Special Projects until March 31, 1992. Vice Mayor Woolsey left the dais. Introduced
42 by Nancy Read, seconded~by Brian Sobel.
43 AYES: Read, Davis,. Cavanagh, Sobel, Nelson,
44 Mayor Hilligoss
45 NOES: None
46 ~ ABSENT: Vice Mayor Woolsey
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Page 444, Vol. 26
November 4, 1991
1 RESO.91-328 NCS
2 SEWER PLANT PUBLIC 1VIEETING FACILITATOR
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3 Resolution 91-328 NCS authorizing staff to retain the .Santa Rosa firm named "The
4 Results Group" to facilitate the public meeting which is scheduled to be held at 7:00
5 p.m. on November 13, 1991, 'at the Petaluma Community Center to begin the
6 development. and planning.. process for the new sewer „plant. project. Vice Mayor
7 Woolsey returned to the dais. After some discussion, it was agreed .the entire, process,
8 including the role of the Councilmembers, would be subject of the facilitated
9 discussions. Staff was asked to invite the persons who have spoken at the meetings,
1o persons who have written about their interest in the subject; representatives of the
11 business and agricultural. communities, developers, and citizens of'the community who
12 have voiced environmental .concerns.
13 The .resolution authorizing a contract with The Results Group was introduced by
14 Brian. Sobel and seconded by Michael Davis. .
15 AYES: Read,.Davis, Cavanagh,Sobel, Nelson
16 Vice Mayor Woolsey, Mayor Hilligoss
17 NOES: None
18 ABSENT: None
19 LIAISON REPORTS
20 Jack Cavanagh noted he plans to attend the ABAG meeting on November 21 as the
21 City's Voting Delegate, and asked if anyone wished to attend as the City's Alternate
22 Voting Delegate.
23 Mayor Hillgoss attended a Drug Abuse seminar in, Sacramento and reported .they
2a presented new information which she will pursue and report back to the Council.
25 Vice Mayor Woolsey attended a State.Energy Commission tour of the.Kettleman Hills
26 Hazardous Waste storage site as well as an agricultural site which, captures and
27 recycles methane generated from pig droppings.
28 FOURTH DISTRICT AGRICULTURAL.ASSOCIATION
29 Regarding the discount retail market which the Fourth. District. Agricultural
3o Association plans to open on Saturday, November 16, the Board of Directors. of the
31 Chamber of Commence asked 'the City Council if. the proposed discount retail activity
32 at the Fairgrounds is exempt from the California. Environmental Quality Act
33 requirements. They also asked if the lease between the City and the Fourth District
34 Agricultural Association would. in any way limit. this. type of use.
35 The City Manager and Councilman Sobel attended a-Fair Board meeting on. October
36 30 at which time the proposal. to utilize the Fairgrounds parking` lot was,discussed.
37 City 1Vlana er Report The City Manager .reported others present were representatives
3s of .the Downtown, Chamber of Commerce and pro onents of the: project: They lan
39 to rent retail booths .ranging in size from 10' x 1,0' ~ $20/'day, to 20' x 20' @' $35~day.
4o They anticipate the market will eventually draw.up to 10,800 .people a day. There
41 have been no traffic nor environmental studies done for' the- project. The proponents
42 expect to used unpaved areas for overflow parking.
November 4, 1991
Vol. 26, Page 445
~ Councilman Sobel Report. The thing that struck him most was ,the fact the City
2 Manager and he had asked several questions about traffic and parking, and they were
3 told that the propponents had not looked at those impacts. Neither have the addressed
4 the issue of uniformity of signs for the tents. The proponents produced photograph
5 albums. showing similar markets from two "showcase" locations, Galt and a location nn
6 Orange County. These revealed a "hodgepodge" of tents and signs.
7 None of the proponents .had first-hand experience with this tyke of endeavor. They
s have not considered the traffic impact to the exit on East Washington Street. The flea
9 market will remain. There was no determination as to how many days they would be
io functioning. Nor was their any information regarding whether or not the commuter
11 parking would be disrupted.
12 They were told this is going to be new, bargain-priced merchandise for sale which is in
13 direct competition with the local. merchants. The market will begin at all of the retail
14 establishments' most critical and important fiscal time of the year, and, additionally, in
~5 a time of recession.
16 During the Council discussion, it was noted that if the City Councilmembers
17 attempted to do this type of project with no public input. and no environmental studies,
ss they would most likely be recalled.
19 The Council feels there should be environmental review on the proposal. They feel
20 the proposed market impacts safety and health, and the quality of life. East -West
21 travel on East Washington Street will be heavily impacted.
22 Don Bennett, President of the Area Chamber of Commerce, said the Chamber
23 Board's concern is the project appears to be exempt from all the rules, regulations,
24 policies and everything else to which every business in town is subject. If a private
25 individual wished to start .such a business at a major intersection in town, he (or she)
26 would have to go through a lengthy process, public meetings, and public hearings and
27 environmental studies.
28 The City Council empowered the Mayor to work directly with the City Attorney and
29 directed the City Attorney to initiate the litigation.
30
31 At 8:40 p.m. the meeting was adjourned.
`32
.. 33
34
~~ AI).TOU1tN
M. Patricia Hilligoss, Mayor .
ATTEST• .
..atr~icia E. Bernard, City Clerk