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1973/04/23 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES April 23, 1973 The Council of the City of Rohnert Park met this date in adjourned regular session commencing at 7:05 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. Call to Order Mayor Flores called the adjourned regular meeting to order at approximately 7:05 p.m. Roll Call Present: (5) Councilmen Beary, Hopkins, Roberts Smith, and Flores Absent: (0) None Staff Present: City Manager Callinan, City Attorney Maxwell, Bond Counsel Assaf, and Engineer Hudis Project No. 1972-3 City Manager Callinan reported that the project would Hinebaugh Creek, et al involve the improvement of Hinebaugh Creek and diversions Improvement Project and creation of additonal drainage ways to make the area north of the Expressway ready for development. He advised that bids for the work had been opened the previous week and copies of the abstract furnished to each Councilman. He further advised that a bond bid of 91048% of par had been received from N. K. McPhail and Company. Mr. Callinan reported that notice of the public I-caring had been published in the local newspaper and all property owners involved in the project had been furnished with notice of the public hearing and the amount of the originally proposed assessment on their property. Bond Counsel Assaf also noted that notice of the hearing had been posted throughout the properties and copies of same were on file with the City Clark. Engineer Hudis reviewed the construction bids received for the project. He reviewed tho work included in the project. He advised that assessments were spread on the basis of acreage and included the areas both east and west of the railroad tracks. He explained that credit was given to some of the property owners who had already dug some of the channels and also to some properties between U.S. 101 and the railroad since the owners had given dirt from the channel.to the contractor building the freeway overpass. Revised assessment sheets reflecting the reduced assessments were given to each Councilman. Mayor Flores announced that this was the time and place of hearing on the Engineer's Report prepared pursuant to the Municipal Improvement Act of 1913 and Resolution of Intention No. 73-27. Page -2- April 23, 1973 City Manager Callinan read a letter of protest from Cofego Enterprises and Auto Center Enterprises. Mr. Jon Anderson of Mackay & Somps, Civil Engineers, 620 East Washington Street, Petaluma, was recognized. He stated that his client, American Housing Guild, by failing to protest this assessment district, did not waive any rights in the November 18, 1973 or March 20, 1967 agree - ments with the city but is negotiating with the city on items contained in those agreements. City Manager- Callinan read a letter from Norman Spivock dated April 23, 1973 which requested that dirt being moved as part of the project be put on his land needing fill. There being no one further desiring to be heard, Mayor Flores declared . the public hearing closed. Resolution No. 73 -45 A:RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 73-27 (Hinebaugh Creek, et al Improvement Project No. 1972 -3) Bond Counsel Assaf explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Resolution No. 73 -45 was waived and said resolution was.adopted: AYES: (5) Councilmen Beary, Hopkins, Roberts -Smith and Flores NOES: (0) None Resolution No. 73-46 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS (Hinebaugh Creek, et al Improvement Project No. 1972 -3) Bond Counsel Assaf explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Resolution No. 73 -46 was waived and said resolution was adopted; AYES: (5)' Councilmen Beary, Hopkins, Roberts Smith, and Flores NOES: (0) None Resolution No. 73 -47 A RESOLUTION AND ORDER ADOPTING EnGINEE.RIS REPORT,, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS (Hinebaugh Creek; et al Improvement District No. 1972 -3) Bond Counsel Assaf explained the resolution. Page -3-- April 23, 1973 Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Resolution No. 73-47 was waived and said resolution was adopted: AYES- (5) Councilmen Beary, Hopkins, Roberts Smith and Flores NOES; (0) None Resolution No. 73 -48 A RESOLUTION OF AWARD OF CONTRACT (Hinebaugh Creek, et al Improvement Project No. 1972 -3) Bond Counsel Assaf explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Resolution No. 73 -48 was waived and said resolution was adopted - AYES: (5) Councilmen Beary, Hopkins, Roberts, Smith and Flores NOES- (0) None Resolution No. 73 -49 A RESOLUTION DESIGNATING COLLECTION OFFICER (Hinebaugh Creek, et al Improvement District No. 1972 -3) Bond Counsel Assaf explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Beary., and unanimously approved by the following roll call vote the readingof Resolution No. 73--49 was waived and said resolution was adopted- AYES- (5) Councilmen Beary, Hopkins, Roberts Smith and Flores NOES- (0) None Resolution No. 73 -50 A RESOLUTION AWARDING SALE OF BONDS (Hinebaugh Creek, et al Improvement District No. 1972 -3) Bond Counsel Assaf explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Resolution No. 73 -50 was waived and said resolution was adopted- AYES- (5) Councilmen Beary, Hopkins, Roberts Smith and Flores NOES- (0) None Pagw--4-- April 23, 1973 Resolution No. 73-51 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS (Hinebaugh Creek, et al Improvement Project 1972-3) Project No. 1973-7 'Wastewater Treatment Plant, Interim Improvements Resolution No. 73-52 Resolution No. 73-53 Bond Counsel Assaf explai ned the resolution. Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Resolution No. 73-51 was waived and saidresolution was adopted: AYES: (5) Councilmen Beary, Hopkins, Roberts, Smith and Flores NOES: (0) None City Manager Callinan reported that Project No. 1973-7 would provide for the required interim improvements to the WAste- water Treatment Plant. A brief discussion followed. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved by the following roll call vote, the plans and specifications for Project No. 1973-7 were approved and the call for bids on the work authorized: AYES: (5) Councilmen Beary, Hopkins, Roberts, Smith and Flores NOES: (0) None A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS (Coddingland Unit 2 Assessment District 1968-1a) City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously. approved by the following roll call vote, the reading of Resolution No. 73-52 was waived ane said resolution was adopted: AYES: (5) Councilmen Beary, Hopkins, Roberts, Smith and Flores NOES: (0) None A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS (Snyder Lane Improvement Project No. 1971-2) City Manager Callinan explained the resolution. Upon motion of Councilman Beary, seconded by Councilman ? 47� I I X%Uijerts, and unan.LmouE�r approved by the Lu-L.Lowing roll call vote, the reading of Resolution No. 73-53 was waived and said resolution was adopted: AYES: (5) Councilmen Beary, Hopkins, Roberts, Smith and Flores NOES: (0) None Page -.5z. April 23, 1973 S onoma State College City Manager Callinan reminded the Council of the Sonoma Environs s Plan Hear- County Board Of Supervisors public hearing being held ing Tuesday, April 24'at 7:30 p.m. Cities/Schools Councilman Hopkins reminded the Council of the Cities/ Coordinating Committee Schools Coordinating Committee meeting being held Wednes- day, April 25, At 7:30 p.m. in the City Offices. Rhs,rve Police and Volunteer Firemen Traffic Safety Councilman.Smith COUDbilman Smith'suggeste'd that the local press might run a sketch on individual Reserve Police Officers and Volunteer Firemen once each week. by Smith suggested that a weekiv artinlp wp4i-ton by the Director of Public Safety or a department head might be run in the local press regarding traffic safety in general, and bicycle safety in particular. Councilman Smith read his memo to the Council dated April 18, 1973 concerning recent efforts concerning a recall ini- tiative and Council policy on growth, a copy of which is attached to the original of these minutes. City Manager Callinan stated for the record he had no business associations with any developers, absolutely none. Councilman Hopkins stated for the record that if there are those in Rohnert Park who desire a recall it seems they should speak for themselves and not use a Councilman who has Press coverage; that he would like to know who his opponents are if they believe he is doing a bad job and wished they would have the common courtesy to tell him personally. Telephone District Councilman Roberts advised the Council that he was circu- Boundaries lating a petition requesting a change in the telephone district boundaries and read said petition. A brief die- cussiOn followed during which it was suggested that a tele- phone company representative be invited to the next meeting or in 'the near future to discuss a change e in boun- daries with the Council. r­ a Councilman Hopkins Councilman Hopkins 1 the Council Chambers during the above Leaves and Returns discussion, the tim", .0eing approximately 7:45 p.m. He returned at approximately 7:47 p.m. Resolution 'No. 73-54 A RESOLUTION RESCINDING RESOLUTION NO, 73-36 CONCERNING THE ENACTMENT OF SENATE BILL 502, "THE FEDERAL-AID HIGHWAY ACT OF 197311 PERTAINING TO URBAN PUBLIC TRANSPORTATION. Councilman Roberts read the resolution. Upon motiontof Councilman Roberts',' seconded by Coundiman Hopkins,, and approved by the following roll call vote, Resolution No. 73-54 was adopted:., AYES: (4) Councilmen Beary, Hopkins, Roberts and Flores NOES: (1 Rohnert Park Express- way Extension to Stony Point Road Page -6- April 23, 1973 Councilman Smith expressed for the record that billions of dollars are deposited in the Highway Trust Fund each year and a large portion of the funds are not being spent. The Nixon administration is embargoing the funds and they are accumulating. When they are not being used, there are transit problems throughout the country that need assistancf Councilman,Hopkins, expressed for the record, that for Sonoma County residents to help finance a Bart type system was unthinkable; that if we want rapid development in this area , build a rapid transit system, that there are people in.Sacramento that will support our requests for highways. Mayor Flores expressed for the record that he had had an opportunity to go over material from Congressman Clausen and Senator Collier and it would seem there would be little opportunity for citizens in Marin and Sonoma Counties to participate in any funds - that most of the funds would go to Southern California and although he believes in rapid transit he believed that the first priority in Sonoma County was for completion of roads. I City Manager Callinan co mented that he would be preparing a letter to the Sonoma County Board of Supervisors express- ing the Council's position in urging extension of the Rohner Park Expressway to Stony Point Road and would like the Mayor or a Councilman to make the presentation at the Board meeting. League of Cali- Mayor Flores reminded the Council of the League of Cali- fornia Cities, fornia Cities, Redwood Empire Division, meeting in Willits Redwood Empire on April 28. A brief discussion followed. Division Meeting Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, all Councilmen who could attend were authorized to do so. City-Schools Mavor Flores advised that he had spoken Poken at the last Cdati- Rr��Inert Park Elementa.-,-,v School District meeting and had assured that body that the Council was very willing to do etrerything it could. i_-, i ;).ssist the school district in any Regional Park Press Democrat corre,.--oondent Donna Karasek advised that she had been at the proposed regional park site on Easter Sunday, had taken pi.rtares of the site, would be doing a story on the park and invited the Councilmen to contribute to same. Easter Egg Hunt Mayor Flores publicly thanked Mr. Jack Sammis of T.G. & Y. for the plastic eggs and candy donated for the Easter Egg Hunt held at the proposed regional park site. Adjou--Lnment There being no further business Mayor Flores adjourned the meeting at 8:00 P.M., A PPROVED: DepiAty cf-q Clext/ Mayor INTER - OFFICE MEMORANDUM TO: Fellow Members of the FROM: Vernon P. Smith Roh::ert Park City - Counci . y Councilman cc: City Manager DATE: Aril `18 City Attorney P , 1973 Press Contrary to conclusions you may have drawn from recent events, I am not, and have no intention of, participating or encouraging a recall initiative. This is a privilege r+eRervAa mnro Anpro -n,4 = +ca'F,t: for 'one's constituents and not one's colleague. It is true that several residents have contacted me with a` request to brief them on past Council policies on growth, and subsequent actions at the request of developers that contradict those policies. (Of course these policies and their reversals are a matter of public record either in the official minutes or council consensus formulated in public session.) Some of these individuals have expressed possible recall efforts directed toward certain members of the City Council, and in addition have shown considerable unfavorable temper toward the City Manager due to hi (t&Dk�sonal and p business association with d.evelop�rs. My practice has been to urge residents feeling an injustice to the extent of desiring an immediate change in the City Council and /or administration to exercise patience and depend upon the normal elective process. However I think the more fundamental issue is the relationship among the Council to each 'other. Some of you have interpreted my strong minority positions on the serious issues involving growth and responsibilities of developers to solve the problems they create for profit, as unwilling to compromise. If the newer Council members review my record over the past eleven years you will find me always willing to compromise, but never willing to contradict my position, and pledge, to the public it embraces'. I am certain it is evident now that I walked out of the last Council meeting to dramatize the fact the Council had just reversed a policy that said developments would not be approved that would have an adverse impact on the local schools. The developer was asking me to contradict myself which I could not do. No compromise . . a • The • had great r v_.._e • that _:� ti . _ � was considered. he public had great myth in policy and believed the C,ouncil°s public pronouncements would be credible. They weren't, and this position leads oftentimes to a handicap.'' The public begins to picture a group of men conducting the affairs of the city as if it were a gentlemen's club, and that important decisions are being made in the warm camaraderie of a small board of directors deciding what the club's dues are going to be next year. Quite often men who conduct the affairs of government become too close, too personally fond of each other. When one hermits this personal closeness and fondness to become 'a considera- tion in making decisions and setting public policy there is an immediate handicap. The reason there is a handicap is simply that when we are debating fundamental policy on behalf of the public we should press` our debating opponents to the very limit of their reasoning abilities, and if we permit personal, friendship to become dominant we are less inclined to. More often than not we will not drive our opponent to the wall and will permit a viewpoint to be expressed and go unchallenged, except in a very limited way. We are too often less tilling to risk the personal affront that comes in destroying a fellow member's case. So we 'dance around the final hard decisions which would set one against another who is very close, and the consensus reached is indifferent to the.real problem. jj i-e productive understanding of each other can be embraced if we make absolutely sure personal friendships are reserved for outside the Council Chambers and not permitted to play any role in conducting the publics business.`' That is a position the public must have absolute confidence in. Only we can assure that. A C T +- eivicz+ xmi t »ni-aCl i-hp Marion on reporter mis- quoted me as saying "People in Government are stupid." Even an inference of such was ;never implied nor intended in any remarks T made.