1994/03/08 City Council MinutesRohnert Park City Council Minutes
March 8, 1994
The Council of the City of Rohnert Park met this date in regular
session commencing at 6:00 p.m. in the City Offices, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Reilly presiding.
CALL TO ORDER -Mayor Reilly called the regular session to order at approximately
6:33 p.m. and led the pledge of allegiance.
Mayor Reilly advised that a closed session commenced this evening at
6:00 p.m. to discuss litigation and personnel matters as listed on the
agenda attachment. He said no action was taken and there was nothing
to report at this time.
ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Hollingsworth, Spiro
and Mayor Reilly
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter,
City Attorney Flitner, Assistant City Manager Leivo, Director of
Public Works /City Engineer Brust, Planning Director Skanchy, Public
Works Associate Civil Engineer Gaffney and Recreation Director Pekkain.
NDNEMr A moment of silence was held in memory of Robert M. Albright, who
of passed away on Tuesday, March 1, 1994. W. Albright was Assistant to
SILENCE the City Manager for 16 years and retired in April 1985. He was a
real friend to the City and will be greatly missed.
Approval Councilwoman Spiro signified corrections to February 22nd, 1994
of minutes as follows:
Minutes 1) bottom of page 4 following comments of Karen Johnson, Executive
Director of Volunteer Center of Sonoma County, add "Ms. Spiro
responded national standards are not acceptable to demonstrate
value to Rohnert Park since statistics are required from other
groups and the same should apply to the Volunteer Center;
2) middle of page 14, second paragraph under 1993 Grand Jury Report
response letter, last part of Ms. Spiro's comment, change " Rohnert
Park is the only one going out to bid" to " Rohnert Park left it
Open to go out to bid at the end of the current contract with
Empire Waste Management ";
3) middle of page 15, item #4, signify two separate meetings
referenced, first, correcting the reason Ms. Spiro did not attend
the Local Government Commission meeting in Los Angeles was because
it was canceled and, second, comments from the Yosemite conference
signified that participation of the Committee would be at a
minimum; and
4) bottom of page 15, second to last paragraph, change the location
referenced from City of Los Angeles to Santa Clarita.
Upon motion by Councilwoman Gallagher, seconded by Councilman Eck,
with Councilman Hollingsworth abstaining due to late arrival at
February 22nd meeting and absence from February 24th meeting,
including above changes to February 22nd minutes by Councilwoman Spiro,
the minutes of February 22, 1994 were unanimously approved as
amended, and February 24, 1994 Town Hall meeting minutes were
unanimously approved as submitted.
Rohnert Park City Council Minutes (2) March B, 1994
*CORRECTION from 3/22/94 Council meeting: change wording of following motion to
"automatic no vote" because of disapproval for reasons previously signified.
Approval upon motion by Councilman Hollingsworth, seconded by Councilwoman
of Spiro, including automatic* abstention by Councilwoman Gallagher to
Bills Wine Center payment, City bills presented per the attached list
in the amount of $692,674.40 were unanimously approved.
Non - agendaed Mayor Reilly queried if any Councilmember had any non - agendaed items
matter to add to the agenda. Councilman Eck signified a couple of miscel-
laneous items. Councilwoman Gallagher said her miscellaneous concerns
may be covered in listed agenda items. Councilwoman Spiro and
Councilman Hollingsworth signified possible miscellaneous items.
Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act),
Public citizens wishing to make a corm-ent may do so at this time. Ui7der
Appearances legislation of the Brown Act, in most cases, the Council cannot handle
an item without agendizing. To ensure accurate recording, "Speaker
Cards are provided at the entrance of the Chamber and persons
speaking under unscheduled public appearances are requested to submit
completed cards to the recording clerk.
John Hudson, 399 Bonnie Avenue, referenced Resolution No. 94 -32 adopted at the
previous Council meeting pertaining to acquisition of certain property
to provide access to a City water tank and well site and shared
concerns related to connected property purchased by Burbank Housing.
He as for clarification regarding the necessity of the City to re-
acquire the right- of-%ay as it appears that the City is purchasing
something it already owns. Mr. Hudson also referenced Article 34 of
the State Constitution and questioned subsidized housing locations
throughout the community.
City Attorney Flitner confirmed he was scheduled to report on
the referenced Resolution No. 94 -32 later on the agenda and agreed to
Council's request to review the item at this time. He said the
resolution was adopted by title at the previous Council meeting. W.
Flitner said evidently, in the process of financing procedures,
Burbank Housing needed title to the referenced right of way. Adverse
possession is approved by action in court and five years are needed in
court for this procedure. Mr. Flitner had not had time to review the
matter prior to the previous Council meeting so he told Council he
thought the City should acquire the property by eminent domain. He
explained the 15 day notice pertaining to this procedure which is
running now, but in the meantime authorization of the resolution
should provide a way to obtain a good title that is insurable. The
indemnification agreement gives 30 days to make good on that title.
The eminent domain proceedings can then be perfected and clear title
should be obtained. City Attorney said he did not know any other
way to do it expeditiously so that is what has been proposed and
reasons for it.
C O N S E N T C A L E N D A R
Mayor Reilly queried if anyone had any questions regarding the matters
on the Consent Calendar which were explained in the City Manager's
Council Meeting Npmo.
Rohnert Park City Council Minutes (3) March 8, 1994
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolutions:
No. 94 -33 A RESOLUTION OF RESPECT FOR ROBERT M. ALBRIGHT
No. 94 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
PROCLAIMING APRIL 19, 1994 AS "NATIONAL YOUTH SERVICE DAY"
No. 94 -35 A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK OBSERVING
MARCH 1994 AS "WOMEN'S HISTORY M3NTH"
No. 94 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DESIGNATING LABOR DAY, SEPTUSER 5, 1994, AS "TRY AM MICAN DAY" IN
ROHNERT PARK
No. 94 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
PROCLAIMING THE WEEK OF MARCH 21 -27, 1994 AS "MEDIATION WEEK"
No. 94 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING
THE CLAIM OF ASHLEY STETSON- MASERATI
No. 94 -39 A RESOLUTION ACKNOWLEDGING AND COMA MING THE MANY OUTSTANDING EFFORTS
OF SONOM>a. COLXTi'Y ASSOCIATES FOR YOUTH DEVELOPMENT TO ENRICH THE LIVES
OF CITIZENS, AND IN PARTICULAR YOUTH, OF THE CITY OF ROHNERT PARK
Upon motion by Councilman. Hollingsworth, seconded by Councilwoman
Spiro, the Consent Calendar as outlined on the meeting's agenda, was
unanimously approved.
City Manager Netter referenced above Consent Calendar Resolution
No. 94 -33 and recommended changing the signified tree planting to
placing a park bench in a prominent place in the City in memory of
Mr. Albright.
Following discussion upon motion by Mayor Reilly, seconded by
Councilwoman Gallagher, to change the commemorative of planting a tree
to the placement of a park bench at the 12th hole of the north golf
course in memory of Mr. Albright, was unanimously approved.
Sonoma County Associates for Youth Developffent (SCAYD) - Presentation of apprecia-
tion resolution - Mayor Reilly shared contents of Resolution No. 94 -39
adopted on the preceding Consent Calendar expressing appreciation as
signified. The Mayor presented the framed resolution to Cecelia
Belle, Executive Director of SCAYD. Ms. Belle said it was a pleasure
to receive the recognition on behalf of SCAYD. She introduced
Board Members who were present at the Council meeting, specifically,
Vice President Steve Roberts and Reverend Chuck Paulsen. She said
SCAYD representatives were looking forward to the up- coming year and
especially the 24 -hour relay to take place again in the near future.
Rohnert Park City Council Minutes (4) March 8, 1994
Scheduled Public Appearances:
1. Rancho Cotate High School Spiritleaders' funding request - City Manager Netter
shared contents of this application for conymmity funds.
Upon motion by Councilman. Hollingsworth, seconded by Councilwoman
Spiro, the contribution of $600 to the Rancho Cotate High School
Spiritleaders, was unanimously approved.
2. Reclaimed wastewater and wetlands proposal /presentation
(Aquifer & Wetlands Storage Capacities)
Alan Strachan, representing the Conceptual Comninity Separator Plan,
confirmed Dick Carlile was called out of town after the agenda for
this Council meeting was prepared and, therefore, Mr. Strachan would
proceed with this presentation. He referenced plans on display and
explained the proposal involving the use of retention wells as
outlined in the report provided to Council. Mr. Strachan responded to
Council questions.
Discussion followed during which differing opinions were expressed
related to proposed uses for the reclaimed wastewater, safety of the
chemical factors and comparisons with other options /considerations on
the table by the City of Santa Rosa.
Larkin Child, 467 Alta Avenue, said he was concerned about this issue and questioned
what the environmental results would be if current ecosystems were to
be replaced by wetlands.
Further discussion concluded in Council consensus to wait until the
viable options for wastewater storage surface after Santa Rosa's
analysis and then to possibly do more research on this option.
Chamber of Commerce move to Wine Center:
City Manager Netter reported on this item as reviewed in the Council
Meeting Memo confirming intentions of the Rohnert Park Chamber of
Commerce to move to the Wine Center by May 1st, 1994. Mr. Netter
referenced copies distributed to Council and said staff recommends
Council concurrence of the related draft sublease agreement between
the Sonoma County Wineries Association and the Chamber of Commerce, as
reviewed, including the additional terms reviewed in the Council
Meeting Memo. Representatives of both the Rohnert Park Chamber of
Commerce and the Sonoma County Wineries Association, have indicated
matual agreement to the terms as proposed.
Beth Jeffcoat, Executive Director of the Chamber of Commerce, confirmed above review
of the sublease terms and that Linda Johnson, Executive Director of
the Sonoma County Wineries Association had a prior engagement and was
unable to attend this Council meeting.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, Council concurrence of sub -lease and terms of agreement with
the Chamber of Commerce and Sonoma County Wineries Association, as
recomnended by staff, was isr iy-- *approved.
*CORRECTION from 3/22/94 Council meeting: change Council action of above motion to
include "with Councilwoman Gallagher dissenting, the motion was approved ".
Rohnert
Park City Council
Minutes
(5)
March 8, 1994
Eastman
Inc./Rohnert Park
Stadium Parking Lot
(15 spaces)
Lease Agreement:
City Manager Netter advised the resolution for consideration regarding
this item would be deferred to the next regular Council meeting.
Staff is in the process of finalizing terms of the lease agreement
which will include a rental fee of approximately $300 per month for
the spaces and outlining days and times of uses that will not
interfere with usual stadium uses.
Eagle Park Tennis Courts resurfacing bid results:
City Manager Netter explained the resolution for consideration
regarding this item recommending an award of contract to the low
bidder, Saviano Co., Inc. in the amount of $10,850. Saviano Co. has
contacted the City requesting withdrawal of the bid due to a
secretarial typing error on the cover sheet signifying $10,850 instead
of the correct amount of $14,850 as confirmed by their attached backup
material. City Manager Netter reviewed the City's three (3) options
as outlined in the Council Meeting Memo.
Discussion followed during which Council expressed concern related to
expecting the low bidder to suffer the loss because of a secretarial
typing error on the cover sheet, especially when the backup material
confirmed the intended amount. Staff responded to various Council
questions including confirmation by Director of Public Works /City
Engineer Brust that re- bidding procedures would delay the job approxi-
mately thirty (30) days.
A motion was made by Councilman Hollingsworth, seconded by Council-
woman Spiro, and unanimously approved, to reject all bids on the Eagle
Park Tennis Courts resurfacing and re-bid the project.
Resolution RESOLUTION OF THE COLUCIL OF THE CITY OF ROHNERT PARK APPROVING AN
No. 94 -40 AGREE Ma FOR AUDITING SERVICES WITH THE ACCOUNTING FIRM OF MACIAS &
COWANY (for 1993 -94, 94 -95, 95 -96)
City Manager Netter explained the resolution as reviewed in the staff
report provided to Council and the Council Meeting Memo. He responded
to various Council questions including confirmation that it is a good
business practice to change external auditors after a certain number
of years.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Gallagher, and unanimously approved, reading of Resolution No. 94 -40
was waived and said resolution was adopted.
City Manager Netter confirmed a letter would be written to Deloitte &
Touche expressing appreciation for their many years of service.
Rohnert Park City Council Minutes (6) March 8, 1994
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK ADDING SECTION 8.32.062 TO
No. 583 ARTICLE 2, CHAPTER 8.32 (USE OF TOBACCO IN PUBLIC PLACES) TO PROHIBIT
SMOKING IN DESIGNATED PUBLIC PLACES (unenclosed site specific for
strip of land immediately adjacent to southerly property of Rancho
Cotate High School)
City Manager Netter explained the ordinance, as reviewed in the
Council Meeting Memo, which was introduced at the previous Council
meeting. He confirmed the proposed ordinance was submitted to the
Cotati- Rohnert Park Unified School District for review and comments.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, and unanimously approved, reading of Ordinance No. 583 was
waived and said ordinance was adopted.
RECESS Mayor Reilly declared a recess at approximately 7:35 p.m.
RECONVENE Mayor Reilly reconvened the Council meeting at approximately 7:40 p.m.
with all Councilmembers present.
Bodway Parkway Extension Assessment District, Project No. 1993 -5:
City Manager Netter referenced plans on display and explained the
resolutions for consideration pertaining to this item as summarized in
the staff report and Council Meeting Memo. He said representatives
from Sturgess & Ness, legal counsel for the City, and engineering firm
of Hudis & Associates, were present at the Council meeting to respond
to any questions the Council may have regarding this assessment
district and proceedings. He advised that the first public hearing
related to this matter was held at the previous Council meeting and a
second public hearing and protest hearing had been duly noticed and
scheduled on tonight's Council agenda. Mr. Netter shared contents of
letter dated February 28, 1994 from Hewlett - Packard requesting
adjustments in scope and fees as follows:
1. Reduce the 8' masonry wall on East side from 381 IF to 150 LF;
2. Replace the 8" water main and fire hydrants with pipeline of size
and material appropriate to roadway irrigation service only.
City Manager Netter said staff recommends approval of all the
resolution listed on the agenda with the exception of awarding the
contract until specified funds have been secured from Hewlett - Packard.
Phil Assaph of Sturgess & Ness, legal counsel for the City, J. R.
Elliott of Hewlett - Packard, and Director of Public Works /City Engineer
Brust responded to various Council questions pertaining to this item.
Rohnert Park City Council Minutes (7) March 8, 1994
Public
Hearing Mayor Reilly opened the public hearing at approximately 7:55 p.m.
Philip G. Matyas, 2602A S. Arlington Mill Dr., Arlington, VA 22206 letter dated
March 5, 1994 as owner of Assessor's Parcel #47 -301 -2 located within
500 ft. of proposed Bodway Parkway Extension. For the record, City
Manager Netter referenced copies distributed to Council of letter
(copy attached to original set of these minutes) dated March 5, 1994
received from Philip G. Matyas. Mr. Netter said Director of Public
Works /Engineer Brust had prepared answers to the questions raised in
W. Matyas' letter and was available to review. The answers would
also be mailed to Mr. Matyas.
J. R. Elliott of Hewlett- Packard confirmed contents of above - reviewed Hewlett -
Packard letter (copy attached to original set of these minutes) dated
February 28, 1994 requesting adjustments in scope and fees. He
pointed out that reducing the 8" masonry wall from 380 ft. to 150
ft. would result in a savings of approximately $10,000. He said the
last set of drawings reviewed by Hewlett - Packard specified 150 ft. of
masonry well and 164 ft. of a 6' wooden fence. Anything exceeding the
original 150 ft. of wall would not be appropriate and, if necessary,
others should be responsible for the resulting cost increase.
Patrick Gleeson, 1702 Alice Dr., shared contents of his letter submitted for the
record (copy attached to original set of these minutes) requesting
that the length of the sound barrier wall be the 380 ft. as the
shortened length of 150 ft. requested by Hewlett - Packard would not
help the needs of their property. The lights from cars would shine
into their master bedroom and their horse would be endangered.
Ralph Jones, 5309 Country Club Drive, said he represented the property owners of
considerable property in Canon Manor west of Valley View Drive and
bordering the referenced property. He said the referenced area is
zoned residential and, therefore, the designated wall should be more
substantial and much higher than the above - mentioned 6 ft. wooden
fence, even for the extension beyond the first 150 feet.
There being no one further desiring to speak, Mayor Reilly closed the
public hearing at approximately 8:02 p.m.
Discussion followed during which Council reviewed the requests and
concerns expressed during the public hearing.
Rohnert Park City Council Minutes (8) March 8, 1994
Resolutionsi
No. 94 -41 RESOLUTION OVERRULING PROTESTS, BODWAY PARKWAY EXTENSION ASSESSMWr
DISTRICT, PROJECT NO. 1993 -5, CITY OF ROHNERT PARK
No. 94 -42 RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING
IMPROVEMENT°, BODWAY PARKWAY EXTENSION ASSESSMENT DISTRICT, PROJECT NO.
1993 -5, CITY OF ROHNERT PARK
No. 94 -43 RESOLUTION AUTHORIZING CHANGE ORDERS, BODWAY PARKWAY EXTENSION
ASSESSMENT DISTRICT, PROJECT NO. 1993 -5, CITY OF R01-1VERT PARK
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, retaining the requirement for Hewlett Packard to build the
381 ft. length of the 8 ft. high masonry wall on the east side but
consenting to Hewlett - Packard's request to replace the 8" water main
and fire hydrants with pipeline of size and material appropriate to
roadway irrigation service only, adoption of Resolution Nos. 94 -41,
94 -42, and 94 -93 were consecutively approved with Resolution No. 94 -42
subject to obtaining consent waiver from Hewlett- Packard signifying
no third public hearing by the following vote:
AYES: (4) Councilmembers Eck, Hollingsworth, Spiro
and Mayor Reilly
NOES: (1) Councilwoman Gallagher, not because of disapproval of
the project, but because she thought it was unfair to
require Hewlett - Packard to cover costs for the entire
381 feet of masonry wall.
ABSENT: (0) None
City Manager Netter confirmed the resolution awarding contract for
this project would be considered within thirty (30) to forty (40) days.
Rohnert Park Stadium Use proposals:
1. North Bay Breakers /update on negotiations - City Manager Netter updated the
Council on continued negotiations with the North Bay Breakers, as
reviewed in the Council Meeting Memo. Terms of the proposed lease
supports the City's long -term commitment to the North Bay Breakers, as
well as allowing negotiations to proceed with the Western Baseball
League which should provide beneficial results for both the soccer and
baseball leagues. Mr. Netter also referenced copies provided to
Council of Press Release for the North Bay Breakers Soccer Team for
immediate release to the numerous sources of local news media.
2. Western Baseball League /update on negotiations - City Manager Netter reviewed
results of conference call this morning with representatives of
Western Baseball League confirming continued interest in the progress
of negotiations with the North Bay Breakers and again expressing their
willingness to share amenities, as previously reviewed. Another
meeting with representatives from both leagues will be held within the
next two weeks to finalize particulars of each lease and joint use of
the stadium. Mr. Netter said expansion of the parking area is one of
the proposed improvements by Western Baseball League and
representatives are asking about the possibilities of a parking fee to
offset the costs. City Manager said response at staff level was this
should not pose a problem but it should not be overdone.
Rohnert Park City Council Minutes (9) March 8, 1994
Councilman
Hollingsworth- Councilman Hollingsworth left the
leaves due to notice of a vehicle accident
Parks and Recreation matters:
Chamber at approximately 8:12 p.m.
involving a family member.
1. Pee Wee Baseball request to expand concession stand at "A" Park, Field A -2 -
Recreation Director Pekkain shared contents of staff report regarding
this item, as reviewed in the Council Nbeting Memo, and responded to
Council questions.
Upon motion by Councilman Eck, seconded by Councilwoman, as
recommended by the Parks & Recreation Commission, allowing Pee Wee
Baseball to expand the concession and restroom building at Alicia Park
subject to review by the Building Department and provision of proper
insurance, was unanimously approved.
2. Aquatics Schedule for 1994 Spring & Sumner - Recreation Director Pekkain shared
contents of staff report regarding this item, as reviewed in the
Council Nbeting Memo, and responded to Council questions.
Upon motion by Councilwoman Gallagher, seconded by Councilman Eck, as
recommended by the Parks & Recreation Commission, the 1994 spring and
summer aquatics schedule with signified changes up to October 30th
with the addition of public swim being extended in the evening at one
of the pools, was unanimously approved.
3. Boxing Program funding request - Recreation Director Pekkain shared contents of
staff report regarding this item, as reviewed in the Council Meeting
Memo. Mr. Pekkain and City Manager Netter responded to Council
questions. Discussion included recommendation by Councilwoman Spiro
to seek volunteers to help defray some of the costs of this program
including thinking it would be a good idea to ask PAL to contribute
because the program is similar to some that PAL sponsors.
Herb Cody of the Martial Arts Center reviewed further details of the program. He
responded to additional Council questions confirming that this request
for funds would strictly be initial seed money for equipment and
promotions /publicity to get the program off the ground as, thereafter,
he expected the program to sufficiently fund itself. W. Cody said he
pays for the scholarships for youth who cannot afford the program
along with encouragement for reimbursement, whenever possible, or
through efforts of work exchange.
Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro,
to contribute $10,000 seed money for equipment and promotions/
publicity as shown in the staff report for conducting the boxing
program as described for at -risk and other youth in the community, was
unanimously approved.
Rohnert
Park City Council Minutes
(10)
March 8, 1994
RECESS
Mayor Reilly declared a
brief recess at
approximately 8:34 p,m.
RECONVENE Mayor Reilly reconvened the Council meeting at approximately 8:37 p.m.
with all Councilmembers present except for the absence of Councilman
Hollingsworth.
4. Free Friday Night 6 month update /sumnary - Recreation Director Pekkain shared
contents of staff report regarding this item, as reviewed in the
Council Meeting Memo, confirming the success of the program which has
been scheduled to continue through May. The staff report included
request for funding through the summer at an estimated cost of $600
per month plus related costs for a public safety officer. Mr. Pekkain
and City Manager Netter responded to Council questions.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, to
provide the necessary funding and related costs for a public safety
officer to continue the Free Friday Night program through the summer
and /or until continuing costs of the program can be presented for
review and consideration in the new budget, was unanimously approved.
Establishing Youth Council - City Manager Netter said this item would be deferred to
the next regular Council meeting. Staff met with Ellen Draper from
Friday Night Live on Monday afternoon, March 7, to discuss
possibilities related to this matter. Ms. Draper has assisted both
the cities of Petaluma and Santa Rosa in the development and formation
of Teen Council /Youth Conmissions. W. Netter responded to Council
inquiry that this item would be on the School District Coordinating
Committee meeting scheduled for March 24th, 1994.
Planning and Zoning matters:
1. Proposed Countywide Projection Study - City Manager Netter explained the resolu-
tion for consideration, as reviewed in the Council Meeting Memo. City
Manager and Planning Director Skanchy responded to Council questions.
It was clarified that the agency name was incorrectly listed in the
agenda resolution title and should be corrected to signify the
Planning Directors Association.
Discussion included Planning Director Skanchy's response to Council
inquiry that this study could take approximately three (3) months.
Councilwoman Spiro responded to Council concerns, including Councilman
Eck asking if this is going to do anything to change ABAG, that she
would be attending the restructuring meeting with ABAG and could share
these comments.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 94 -44 AUTHORIZING THE PLANNING DIRECTORS ASSOCIATION TO PROCEED WITH
COLM'YWIDE PROJECTIONS STUDY AND APPROVING PAYMENT OF CITY OF ROHNERT
PARK'S PROPORTIONATE SHARE
Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro,
and unanimously approved with the absence of Councilman Hollingsworth,
reading of Resolution No. 94 -44 was waived and said resolution
was adopted.
Rohnert Park City Council Minutes (11) March 8, 1994
2. General Plan amendment /re - zoning considerations:
Planning Director Skanchy shared contents of staff report dated March
3, 1994 pertaining to two requests to schedule public hearings for for
consideration of General Plan amendment /re- zoning prior to Council
review of draft Land Use Element for General Plan Update as follows:
a) File No. 1629 - Burbank Housing's single parent housing project on
Santa Alicia Drive; and
b) File No. 1585- A- Codding Enterprises' affordable housing /apartment
project on Laguna Drive.
Planning Director Skanchy referenced letter dated March 3, 1994 from
Kaufman & Broad requesting that their item not be scheduled for public
hearing before the City Council until after the draft General Plan has
been adopted by the Council. Mr. Skanchy responded to Council
questions confirming that a specified number of General Plan amend-
ments are allowed during a given year and each amendment can include
as many items as desired.
Discussion included acknowledgment that applicants have the right to
bring such requests before Council at any time, regardless of varied
opinions related to the timing of the General Plan update. Mayor
Reilly advised that if both Burbank Housing and Codding Enterprises
want to bring their projects before the Council for consideration of
General Plan amendments, they are welcome to do so.
Hugh Codding, 6400 Redwood Drive, Codding Enterprises, questioned what Council means
by bringing their project forward, as he had been trying to bring it
forward for two or three years now. Mr. Codding reviewed the back-
ground of efforts to date including infrastructure expenditures of
approximately $20,000, having two EIRs completed, etc. He said he did
not know how much more he could bring it forward and asked what more
could he do to obtain approval of the re- zoning. Mr. Codding further
reviewed details of procedures and expenses involved in this effort
and said their intention is still toward providing affordable housing.
Responding to Mr. Codding's request for individual Councilmember
opinions on the matter, Councilwoman Spiro and Councilwoman Gallagher
signified the desire for the project to be brought forward and not to
wait any longer because of the need for affordable housing. Vice
Mayor Eck and Mayor Reilly both signified the preference to wait until
after completion of the General Plan Update. City Attorney Flitner
reminded the applicant that taking a poll of the Councilmembers did
not mean approval of the project until after the public hearing is
held and then a motion and approving vote of the Council must occur.
Mayor Reilly advised the following item would be moved forward on the
agenda and handled at this time as a courtesy to participating
citizens present for same.
Nbbile Home Park matters:
1. Geneva Trent's letter requesting assistance with June ballot measure re.
Ordinance 494 amendments - City Manager Netter said copies of this
letter were provided to Council for review and consideration.
Rohnert Park City Council Minutes (12) March 8, 1994
Discussion followed during which Council reviewed the on -going
complexities related to this issue and City Attorney Flitner responded
to various Council questions regarding the legalities of same.
Councilman Eck referenced the attachment to Geneva Trent's letter and
said it seemed sections 11, 12, 13 and the first part of 14 would
preclude the voter and that has been the core of the whole lawsuit.
However, the last part of section 14 might have some merit referring
to "the provisions of this measure may be amended or repealed by the
Rent Appeals Board, etc. ". City Attorney Flitner thought it would be
more acceptable for the responsibility to be by the Council versus the
Rent Appeals Board but thought the language could be developed in that
direction. Councilman. Eck referred to the possibility of some kind of
framework into Ordinance 494 and said that sentence was the first time
he had seen something that might work and, if there were some way to
flush out this concept, it might be possible to obtain effective
results in the end.
Geneva Trent, 147 Walnut Circle, said she put the ideas together randomly from the
initiative of the park owners and thought this would be a way for the
ordinance to be amended. She said she understood the comments about
removing everything above the sentence referenced in section 14 and
agreed it could all be changed for effectiveness that could help
toward improving conditions in the mobile home parks. Ms. Trent
reviewed the numerous concerns related to the conditions of the mobile
home owners and thought it was past time for placing these amendments
on the ballot.
Discussion concluded in a motion by Councilman Eck, seconded by
Councilwoman Gallagher, and unanimously approved with the absence of
Councilman Hollingsworth, directing the City Attorney to review and
revise the language for Ordinance 494 amendments as signified above.
2. Mobile Home Park Survey update - City Manager Netter referenced staff report and
explained previous efforts of staff working with Professor Stephen
Lewis of Sonoma State University regarding his proposal to prepare a
mobile home parks survey for approximately $8,000. Mr. Netter shared
complications, as reviewed in the Council Meeting Memo, related to
insurance coverage, as well as the indication by Professor Lewis that
one of the key students left the University who had planned to help
with the project. Therefore, staff recommends this matter be tabled
at this time. Discussion concluded in Council agreement with staff
recommendation.
3. Wbile Home Purchase Program update - As reviewed in the Council Meeting Memo,
City Manager Netter advised that staff is still working with Joel
Heath and his attorneys regarding the Valley Village Nbbile Home Park
data to be reviewed for the referenced program. Rancho Feliz has new
management that may make it possible to present more manageable
numbers related to the mobile home purchase program. Councilman Eck
asked if the public disclosure matter had been resolved and whether it
was now accepted that we are a public agency. City Manager Netter
answered in the affirmative.
Jack Berkowitz, 103 Walnut Cir., Valley Village Wbile Home Park, expressed concerns
regarding maintenance needs at the mobile home park, like large chuck
holes, and said the owners were supposed to upgrade the property.
Rohnert Park City Council Minutes (13) March 8, 1994
Nbbile Home Park matters: (cont'd)
4. Ordinance No. 494 Informational Notebook - City N u ager Netter referenced staff
report summary and shared convents as reviewed in the Council Nbeting
Memo. He displayed the workbook relating to details of this report
and said copies could be made available to Council as requested.
Nbyor Reilly advised the Golf Course item would also be moved forward
on the agenda and handled at this time as a courtesy to interested
residents present at this meeting.
Golf Course Committee report - Councilwoman Spiro reported on results of the Golf
Course Committee meeting held at 7:30 a.m., Thursday, March 3rd. The
first order of business was to review the recent holiday schedule
request of Nbuntain Shadows Golf Resort which concluded in agreement
that one of the two additional days requested should be added,
specifically, Martin Luther King Day in January. The Committee toured
the golf courses with staff and observed many things that needed to be
addressed, therefore, the decision was to meet once a month on the
first Thursday to check the list and review the progress. Some of the
concerns were thought to present liability problems and residents in
the vicinity have expressed the desire to assume certain upkeep
responsibilities. The response to such offers has been the people
could assume specified responsibilities, as requested, but could not
enclose any golf course areas with fence.
City Manager Netter reported on effective steps taken related to the
sound ordinance and removing one of the speakers and facing a speaker
toward the club house. This has reduced the noise level significantly
to be well within the decibel requirements of tic- sound ordinance even
at the speaker location, therefore, has solved the problem for the
surrounding perimeter.
Mike Burgess, 1488 Georgia Court, referenced recent attempts of American Golf to
re- negotiate resident rates and encouraged Council to maintain the
residents rates. He said he was involved with resident golfers trying
to put an organization together for some kind of support the desire
for American Golf to uphold pre- established arrangements for
residents. He gave the example of pre -paid green fees as of
April 1st, which he said is fine, but the concern is that resident
privileges can diminish. W. Burgess also expressed concern about the
closing of the club house for special occasions simply by a notice on
the door. He said the club house should be available to all golfers
during regular hours.
Discussion followed during which Council responded to the above
concerns that the newly formed organization should be involved in the
Committee meetings with the golf course representatives and /or present
the concerns to the Council Committee for review at the monthly
meetings. Councilwoman Spiro confirmed that the list reviewed with
American Golf last week was quite sizable and efforts toward re-
solving the problems are being made.
Rohnert Park City Council Minutes (14) March 8, 1994
Al Harr, 5746 Dexter Circle, said he was not here tonight to complain as it has been
over 4 weeks that there has been relief from the golf course speaker
noise concerns expressed previously. He questioned the above - reviewed
noise meter readings and said the readings should have been taken at
the property line, but if the low reading was obtained at the speaker,
then it would not be heard 300 yards away. According to the rules of
the City ordinance, the noise stipulations apply 200' from the source.
It has been beautiful with the golf course speaker noise gone over the
last 4 weeks.
Mayor Reilly advised Council would return to the regular agenda order.
Town Hall Meeting matters:
1. Results of Town Hall Meeting of February 24, 1994 -
City Manager Netter said Council was provided with a complete listing
of the issues and concerns from resident attendees of the C Section
Town Hall Meeting held on February 24, 1994. He advised that staff
has proceeded with checking into various concerns, such as lighting of
the parks, trimming bushes, etc. Mr. Netter referenced copies
distributed to Council of Chapter 9.76 of the Rohnert Park Municipal
Code regarding curfew and shared contents therein. Staff recommends
efforts toward informing the general population via media blitz of the
existing curfew and the need for community support, and in order for
staff to proceed with stricter enforcement with the advance notice to
residents and not springing it on them. He confirmed that other
cities, like Santa Rosa, are taking this course of action and Rohnert
Park might want to do so.
Discussion included Council agreement of the need to proceed in this
manner. Councilwoman Spiro referenced letter on tonight's list of
communications from Jennifer Meister, SSU sophomore and new to the
area, commending the School District on the recent decision for closed
campus at the Rancho Cotate High School. The letter made comparisons
to efforts for curbing gang issues with the initial indications in
Rohnert Park to the more extensive problems in Northridge, a suburb in
the San Fernando Valley, where she previously lived. City Manager
Netter and Director of Public Works /City Engineer Brust responded to
various Council questions confirming placement of curfew signs in all
parks, cutting back overgrowth in designated areas, and manpower and
equipment involved for the on -going efforts for upkeep of creeks.
Katherine Collins, 828 Lilac Way, said she fully supported the curfew. People that
are law abiding will abide by it. We have become so tolerant of
people's rights because everyone is so afraid of abusing the rights of
the lawbreakers, but law abiding citizens have rights, too. It is
basically known that the ones that are out past the curfew hours are
the ones that will be causing trouble. The curfew needs to be enforced.
Rohnert Park City Council Minutes (15) March 8, 1994
Town Hall Meeting matters: (cont'd)
2. Set time & date for next Town Hall Meeting -
City Manager Netter queried when and where Council desired to have the
next Town Hall Meeting. He said every other month seems to be best
and recommended off Tuesdays from regular Council meetings, or
possibly Thursdays. Council discussion included suggestion by
Councilman Eck for an innovative format for the Town Hall Meetings,
such as an agenda that could generate a variety of topics, rather than
zeroing in on a particular issue that becomes so repetitious.
Discussion concluded in Council concurrence to schedule the next Town
Hall Meeting, Thursday evening, April 28th, 1994 for "G" and "H"
neighborhoods at the Goldridge Malti -Use Building.
Environmental Resource Council (ERC) - Lhderground Storage Tanks:
Director of Public Works /City Engineer Brust referenced two reports
provided to Council pertaining to this item as follows: 1) Senate
Toxic Committee hearing; and 2) Proposed legislation to Senator Mike
Thompson. He shared contents therein and responded to various Council
questions confirming that legislative efforts for a Senate Bill are
working very favorably.
Highway 101/Wilfred Interchange:
Director of Public Works /City Engineer Brust referenced plans on
display pertaining to this item and reviewed Caltrans proposed
improvements for off -ramp at Roberts Lake Road and Santa Rosa Avenue,
as reviewed in the Council Meeting Memo. He said copies were provided
to Council of letter dated January 26, 1994 from the Department of
Transportation with attached proposed geometrics in and near Rohnert
Park for the proposed widening project on Route 101 from Wilfred
Avenue to Route 12. Mr. Brust responded to Council questions.
North Coast Railroad Authority (NCRA) letter seeking to fill one (1) vacancy on its
current Board of Directors - City Manager Netter said the referenced
letter dated February 15, 1994 was self - explanatory. If the City
Council has anyone in mind, the City should submit his or her name on
the nomination form and send it to the NCRA Board, City of Fort Bragg,
as directed. City Council did not signify a nomination at this time.
State Attorney General Lungren letter re. support of gambling commission proposal -
City Manager Netter said this item was brought forward from the
previous Council meeting for review and discussion. Attorney General
Lungren's letter dated February 10, 1994 urges the creation of a
statewide gambling commission to regulate the activities of card room
operations. This proposal will be introduced in the Legislature in
the near future. City Manager Netter also referenced copies provided
to Council of related Press Democrat article in today's paper entitled
"Petaluma won't oppose Pomos - yet" and said Rohnert Park Council may
want to take a similar stand.
Discussion followed during which Council expressed general agreement
with the need for precautionary measures to be taken regarding the
gambling issue. Discussion concluded in Council signifying interest
but holding off with active support until more information is
received. It was also suggested that this item be placed on the
Mayors' and Councilmermbers' meeting agenda.
Rohnert Park City Council Minutes (16) March 8, 1994
Coutzc i 1 Comni ttee reports:
1. Golf Course Committee (Hollingsworth /Spiro) - This report was brought forward on
the agenda and handled earlier as signified in these minutes.
2. Performing Arts Center (Eck /Spiro) - Councilman Eck reported on this Committee
meeting held at 4:00 p.m., Thursday, March 3rd, 1994. Councilman Eck
and City Manager Netter responded to various Council questions. Among
the various items reviewed at the Committee meeting, Councilman Eck
said there needed to be more clarity pertaining to the direction of
the recent donation from Dorothy Rohnert Spreckels.
Discussion concluded in a motion by Councilman Eck, seconded by
Councilwoman Gallagher, to place the referenced donation from Mrs.
Spreckels into the General Fund Raising Account in the community sign
improvements and marketing, advertising and promotions efforts.
3. Community Outreach for Youth & Families (COYF) - Councilwoman Spiro reported on
this item and said meetings were held on the 28th of February with
another meeting scheduled for the 28th of March, 1994. She said it
has been an interesting undertaking to work with the Youth and
Families Services pertaining to jobs, programs, the large funding
problems and various other things. Ellen Draper, introduced earlier,
has volunteered to share like programs which will be considered at the
next meeting on March 28th. Councilwoman Spiro commended the
resolution of appreciation presented to SCAYD earlier this evening and
recommended continuing that kind of recognition process for other
similar efforts that do not receive a lot of praise. Council agreed.
EXT M COUNCIL MEETING - Upon motion by Councilman Eck, seconded by Councilwoman
Gallagher with indication that she would have to leave the meeting at
10:15 p.m., and unanimously approved with the absence of Councilman
Hollingsworth, the 10:00 p.m. adjournment time of the Council meeting
was extended sufficiently to enable review of remaining agenda items.
Comrunications- Comtunication per the attached outline were brought to the attention
of the City Council. No action was taken unless specifically noted in
these minutes.
Councilwoman Spiro referenced item #6 on communications from Jennifer
Meister, SSU student, as mentioned earlier during the Town Hall
Meeting comments on curfews and gang issues. Ms. Spiro said this was
a very good letter relating to these matters and recommended
forwarding this on to School District Superintendent Walter Buster,
the Comnunity Voice, and even the Press Democrat.
City Manager's report:
1. Spring Clean Up & Commpost Event (Earth Day) - City Manager Netter referenced
staff report regarding this item and advised there was a conflict with
the soccer league pertaining to concern of the grassy area at the
stadium. Therefore, Spring Clean Up would have to delayed until early
May and has been re- scheduled for the weekends of April 29, 30 & May 1
and May 6, 7 & 8.
Rohnert Park City Council Minutes (17) March 8, 1994
2. Public Safety Team Building Workshop, March 21 -23, 1994 - City Manager Netter
said the staff report provided to Council regarding this item was
self - explanatory. This will be very beneficial for the new management
of the Department of Public Safety.
3. Community Center /Snyder Lane driveway widening - City Manager Netter referenced
map on display and reviewed this proposal. He said the cost for this
project would be approximately $40,000 and questioned if Council
considered this a high priority. If so, staff would prepare necessary
documents for bids; if not, the proposal could be placed in the
upcoming budget for consideration. City Engineer Brust responded to
Council questions signifying that access for buses by fixing the curb
and improvising on the second lane. Discussion concluded in Council
direction to defer this item to the next Council meeting to enable
comparison of the cost of the curb cut outs, with indication that the
subject would be reviewed during the budget process.
4. Pacific Bell matter - Mayor Reilly and City Manager Netter reviewed results
of meeting with Pacific Bell Telephone representatives which was
prompted by a previous letter to the City Council regarding relocation
concerns. As it turns out, Pacific Bell is only relocating one of its
departments and there will be no loss in number of employees but,
rather, consideration is being given to expanding the base of
employees.
City Attorney's report:
1. Report on right of way condemnation Water Tank 1/Well Site 4 re. Burbank Housing
Project (Tower Apartments) & Resol.No.94 -32 - This item was reviewed
by the City Attorney at the beginning of this Council meeting.
2. City of Turlock letter request for amicus support - City Attorney Flitner refer-
enced this letter dated January 27, 1994 and explained contents
regarding Turlock's Settlement Agreement with the California Regional
Water Quality Control Board requiring well head treatment rather than
study or clean up as it relates to PCE and other contaminants.
Efforts to institute legislation in this regard will help protect
public entities as described. Without this protection, it will be
hard on cities. Mr. Flitner recommended support.
3. Dutton v. Quinn request for amicus support - City Attorney Flitner referenced
letter dated February 22, 1994 regarding the referenced request for
amicus support. He proceeded with the review of this request to allow
time for Council consideration of both requests prior to action. The
Dutton v. Quinn case involves circumstances under which police
officers are responsible for the safety of the occupants of a vehicle
they encounter in an investigatory stop. A Pacifica police officer
encountered several teen -agers in a pickup truck in a City park after
curfew. Shortly after being ordered to leave the park, about 7 miles
away, the driver lost control of the truck, crashing it and injuring
the plaintiff. This lawsuit is an effort to make the police
department responsible for the injuries suffered by the passengers.
City Attorney Flitner said that is asking a lot of police officers,
especially if officers have no right to tell people to go home.
Rohnert Park City Council Minutes (18) March 8, 1994
4. Western States vs. County of Los Angelcs request for amicus support - City
Attorney Flitner reviewed the referenced request pertaining to
recall in EIR cases responding to various subjects and reconsideration
rights of an agency's full body to make determinations of adequacy.
The Court is basically saying it does not care what the record says
but is taking actions outside the record. Mr. Flitner reviewed the
details related to this case and said he recommended support.
Discussion followed.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, with
Councilwoman Gallagher, to support the above - reviewed City of
Turlock's Settlement Agreement with the California Regional Water
Control Board, was approved.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, amicus
support of above - reviewed Dutton v. Quinn as requested by the City of
Pacifica, was unanimously approved.
City Attorney Flitner further advised the need of a response letter by
March 10th on the first item.
The Council also concurred approval of amicus support for the Western
States' case.
Matters from/for Council:
1. Board of Realtors Disclosure Request - Councilwoman Spiro said she requested this
item to be placed on the agenda. A lot of things statistically have
been printed in the paper regarding crime statistics on certain areas
of Rohnert Park. 'There was some discussion about certain realtors
wanting to form a disclosure statement regarding same. This procedure
has subsequently been rescinded. Discussion followed.
2. Joint Meeting with City of Cotati - City Manager Netter said Cotati's
suggestion for this joint meeting with Rohnert Park is Monday, April
18, 1994. Council concurred.
3. Youth Council representation - Councilwoman Gallagher referred to Council
approval of proceeding with the development of a Youth Council at the
previous Council meeting and said, for the record, that even though
she and Councilwoman Spiro were both on the School District /Cities
Coordinating Committee and would be reviewing this item at the next
meeting, she had pushed for it since September of 1991 and, therefore,
requested to be advised of any meetings for either one of these. Ms.
Gallagher said she wanted it specified that this is about the third
time she has requested to be included on these meetings. She referred
to the recent meeting held with staff toward the development of the
Youth Council to which she had not been invited.
Mayor Reilly responded that it would be necessary to get the Council
to agree before requiring staff to notify another Councilmember of
such staff meetings which are held for the purpose of preparing
preliminaries for Council's review and consideration. Staff does not
have to conduct such meetings in the presence of other Councilmembers.
To conduct staff meetings with the requirement of inviting Council-
members the majority vote of the Council would have to be obtained.
Rohnert Park City Council Minutes (19) Nhrch 8, 1994
4. Councilwoman Spiro said she had three miscellaneous items as follows:
a) In referencing recent accident with police vehicles, Ms. Spiro said
she had a vendetta against the inside warning lights and asked if
either one of the cars involved in the accident had inside lights;
Councilwoman
Gallagher Councilwoman Gallagher left the meeting at approximately 10:24 p.m.
leaves
b) At the recent COYF meeting, a gentleman intern had a business card
signifying he was an unpaid employee of the City of Rohnert Park
and she wanted Council and staff to be aware of that; and
c) For the record, Ms. Spiro said she would like to point out that the
first discussion for a Youth Council was in 1989 and she too would
like to be the Council liaison, therefore, she thought the Council
should let somebody from the community be the liaison. Mayor
Reilly responded that if he were to pick the liaison, it would be
himself, if he could pick his schedule, which is full right now.
Councilwoman Spiro said the make -up of Santa Rosa was interesting
as they do not have a council liaison, but a separate committee
with no official liaison. Mayor Reilly further responded that
unless this Council can obtain a three member vote contrary to his
direction, there is not going to be a Council liaison for the
Youth Council.
5. Councilman Eck asked about the progress toward solving the shopping cart problem.
City Manager Netter responded that a program has been established
through combined efforts of the stores and City staff with pink card
notices distributed today in Council's miscellaneous mail. Councilman
Eck referenced the adopt -a- highway program and suggested encouraging
an adopt -a- creek /bike path program. City Engineer Brust responded
that it is very difficult to get the carts out of the nud and it
actually takes a crane at times to accomplish the feat. The concerns
included the liability issue for volunteers if they are injured doing
this work.
Unscheduled
Public Mayor Reilly asked if anyone in the audience wished to make an
Appearances appearance at this time.
Ben Friedman, 7323 College View Drive, expressed his continued concern related to
interest on security deposits and shared examples of mandatory
requirements in other areas like Los Angeles. He said he could
provide Council with a copy of the Los Angeles document pertaining to
this matter and bring it to the City offices next week.
Adjournment There being no further business, Mayor Reilly adjourned the meeting at
approximately 10:30 p.m.
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Hewlett-Packard Company
Microwave Instruments Division
1400 Fountaingrove Parkway
Santa Rosa, California 95403
(707) 577 -1400
February 28, 1994
Ron Btust
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
HEWLETT
hP PACKARD
Re: BODWAY PARKWAY ASSESSMENT DISTRICT, PROJECT NO. 1993 -5
Re: ADJUSTMENTS TO SCOPE AND COST OF ABOVE.
Salutation: Dear Mr. Brust:
3131? ya �,
FEB 2 8 1994
CITY OF
ROHNERT PgRK
Preliminary to finalizing the amount of assessment associated with the Bodway Project Hewlett- Packard
request the following adjustments in scope and fees be made:
1) Reduce the 8' masonry wall on East side from 381 LF to 150 LF.
2) Replace the 8" water main and fire hydrants with pipeline of size and material appropriate to
roadway irrigation service only.
In addition Hewlett- Packard requests that the cattle fence design and costs plus the engineering fees be
reviewed with Hewlett- Packard prior to its consent to the final assessment district amounts.
Rational for requests:
1 - Hewlett- Packard has never believed that our 1982 commitment to build a future north -south road across
the front of our property includes the construction of an 8" Masonry Sound Wall at a specific Cannon Manor
resident's property line. However, in the interest of being a good community neighbor and assisting the City
with its overall management of this project Hewlett- Packard agreed to the inclusion of 150 LF of sound wall
in the project. Subsequent to that agreement the City Council on September 14, 1993 directed that
"appropriate" sound walls next to Cannon Manor residents be part of the design. The last set of drawings
reviewed by Hewlett- Packard specified 150 feet of masonry wall and 164 feet of a 6' wooden fence. The
final bid breakdown includes 381 LF of masonry wall. Hewlett- Packard believes that anything over the
original 150 feet of wall is not "appropriate." If more wall is to be included than others must be made
responsible for the resulting cost increase.
2 - Hewlett- Packard has recognized and agreed to the need for an included water line in the roadway to meet
median and roadside irrigation needs. The 8" water main design and fire hydrant placement is recognized as
intelligent design to meet the current irrigation needs as well as future water supply and fire protection needs
of future property development to the East of Hewlett- Packard's property. Even though the roadway is to be
built on Hewlett- Packard property the only potential beneficiary of the 8" water main will be the owners or
future developers of the adjacent property. Hewlett- Packard agrees to the costs of a roadway irrigation
system only, costs for infrastructure that serves the adjacent land owner should be the responsibility of others.
It is further noted that you have been in agreement with similar argument as it applies to a sewer line which
intelligent design practices also say should be included at the time of initial road construction. The City
accepted the argument that others should pay for this extension of sewer services. Hewlett- Packard also
understands that the benefiting property owner (s) have elected not to finance this sewer extension due to the
risk that the benefiting property may not be developable in the reasonable future. Hewlett- Packard believes
that this further supports an argument to eliminate the 8" water main and fire hydrants from this project.
Please make the necessary adjustments to the "Consent to Increased Assessment and Waiver of Notice &
Hearing Form ". Hewlett- Packard stands ready to sign the amended notice and proceed with the project.
Respectfully,
J R Elliott
Project Manager
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