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1971/09/07 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES September 7, 1971 The Council of the City of Rohnert Park met this date in regular session commencing at 7:10 p.m. in the City Offices, 435 Southwest Blvd., Rohnert Park, with Mayor Hopkins pre - siding. The regular session was preceded by an executive session which commenced at 7 :00 p.m. and at which City Man- ager Callinan and all Councilmen were present, and which was held to discuss appointments to Commissions. Call to Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:10 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Buchanan, Roberts, Rogers, Smith and Mayor Hopkins Staff Present for all or part of the meeting: City Manager Callinan, Deputy City Attorney Mawson, Engineer Hudis, Planner Wes Vail and Bond Counsel Assaf Executive Session Mayor Hopkins announced that an executive session had been held prior to the regular meeting to discuss appointments to Commissions. Approval of Minutes Upon motion by Councilman Smith, seconded by Councilman Buchanan, and unanimously approved the minutes of August 16 and 19, 1971 were approved. Approval of Bills Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the bills presented per the attached list in the amount of $9,558.64 were approved. Parks 6 Recreation A letter.of resignation from Parks 9 Recreation Commission Commission member Nore Thiesfeld was brought to the attention of the Council. Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, the resignation of Com- missioner Thiesfeld was accepted with regret. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved,'Mr. Roger Kreischer was appointed to fill the vacancy on the Parks and Recreation Commission. Cnmmuninatirans Communications per the attached outline were brought to the attention of the Council. No action was taken on any com- munication except as noted specifically in these minutes. Councilman Smith initiated a discussion concerning the Cotati City Council's removal of Mr. Pat Geis from the Cotati Plann- ing Commission because of his appearance before the Rohnert Park City Council concexiling the service station proposed for develo7�nent on Commerce Boulevard, in Cotati. Page -2- September 7, 1971 Spivock Deve-3;opment Mr. Norman Spivock appeared before the Council to solicit reaction to allowing him some flexibility in planning the development of the 250 acre parcel north of the golf course with the assurance that no increase in density would be sought over that suggested in the General Plan. Discussion _. followed after which the Council indicated agreement in con - cept with Mr. Spivock's presentation' and his letter to the Council dated August 31, 1971. Police Reserve Assn. Anthony Carbone, President of the Rohnert Park Police Re- serve Association, appeared and outlined the association's planned program for a Bike Rodeo to be held in October, 1971; and requested financial assistance from the city advising that the Police Reserve Association had sponsored similar bicycle safety programs for several years. Discussion followed.. Upon motion of Councilman Smith, seconded by Councilman Rogers, anti unanimously approved, the Police Reserve Associa- tion request for funds for the Bicycle Rodeo was referred to the Parks and Recreation Commission for handling and final decision. Ordinance No. 153 AN ORDINANCE AMENDING ORDINANCE NO :'63 (Zoning Map Change - Lots in Colegio Vista Sub No. 1 to R- 1,8000) City Manager Callinan summarized the ordinance. Upon motion of Councilman Smith, seconded by Councilman Rogers, and unanimously approved by the following roll call vote, the-reading of Ordinance No. 153 was waived and said Ordinance was- 'adopted: AYES: (5) Councilmen Buchanan, Roberts, Rogers, Smith and Hopkins NOES: (0) None Ordinance No. 154 AN ORDINANCE. AMENDING ORDINANCE NO. 63 (Zoning Map Change, 25 Acres north of high school on Snyder Lane to RM- 1500 -PD) City Manager Callinan summarized the ordinance. Upon m otion of Councilman ..Buchanan,..:seconded by Councilman Rogers, and unanimously approved by.the following roll call vote, the reading of Ordinance-No. 154 was waived and said ordinance was adopted: AYES: (5): Councilmen. Buchanan, Roberts, Rogers, Smith and Hopkins NONE;, ( 0 ) None Ryan Outdoor Advesr City Manager Callinan advised that Ryan Outdoor Advertising using file Np,0137 was requesting a five (5) year extension for its existing .:billboard on the west side of the freeway just north of Hineba.ugb Creek and also permission to install an additional billboard on the east side of the freeway with one side of Project No. 1968 -1a City Manager Callinan reported on Project No. 1968 -1a, Coddingland Unit 2 Coddingland Unit 2 and advised that the City of Cotati was forwarding a check to cover the oversizing of the sewer main and that Codding Enterprises and Roberts & Aguirre, property owners in the district, were willing to accept the 200 discount bond bid of Stone & Youngberg. Project Engineer Hudis, and Bond Counsel Philip Assaf were present. Resolution No. 71 -107 A RESOLUTION OF AWARD OF CONTRACT (Coddingland Unit #2 Assessment District 1968 -1a) City Manager Callinan summarized the resolution. Page -3- September 7, 1971 of the proposed new sign to carry community service adver- tising. He read a city staff report concerning same which recommended approval with conditions. Mr. Harvey Burton, representing Ryan Outdoor Advertising, appeared and discussed his company's request with the Council Councilman Rogers made a motion to approve the five (5) year extension for the existing billboard and the installa- tion of a new billboard with conditions outlined by staff. Deputy City Attorney.Mawson advised that the ordinance per- taining to signs would have to be amended to permit install.a- tion of the new sign. Councilman Rogers' motion died for lack of a second. Councilman Rogers made a motion Lo approve a five (5) year extension for the existing billboard. Discussion followed, during which Mr. Callinan suggested not taking action on the existing sign until the matter of the additional sign being requested was resolved: Councilman Rogers then withdrew his motion. Upon motion of Councilman Rogers, seconded by Councilman * See nutes of Buchanan, and yt approved,tstaff was to prepare an October 4 for appropriate amendment to the Zoning Ordinance to permit the corrections additional sign being requested, and to set the matter for public hearing. Roberts & Aguirre City Manager Callinan advised that a letter dated September File No. 0146 7, from Roberts & Aguirre had been received requesting approval for the installation of up to 15 mobile homes in the Rancho Feliz Mobile Home Park for sales and display pur- poses. Discussion followed with County Planner Vail partici- pating and recommending that the request not be approved. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the request of Roberts & Aguirre set forth.in ..their letter of September 7 was approves with the understanding that occupancy of units in the mobile home park would not be allowed until the park is completed. Project No. 1968 -1a City Manager Callinan reported on Project No. 1968 -1a, Coddingland Unit 2 Coddingland Unit 2 and advised that the City of Cotati was forwarding a check to cover the oversizing of the sewer main and that Codding Enterprises and Roberts & Aguirre, property owners in the district, were willing to accept the 200 discount bond bid of Stone & Youngberg. Project Engineer Hudis, and Bond Counsel Philip Assaf were present. Resolution No. 71 -107 A RESOLUTION OF AWARD OF CONTRACT (Coddingland Unit #2 Assessment District 1968 -1a) City Manager Callinan summarized the resolution. Page -4- September 7, 1971 Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No, 71 -107 was waived and said resolution was adopted. Resolution. No. 71 -108 A RESOLUTION AWARDING SALE OF BONDS (Coddingland Unit 2 Assessment District 1968 -1a) City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 71 -108 was waived and said reoslution was adopted. Project No. 1971 -2 Mayor Hopkins declared the public hearings on the Engineer's Snyder Lane Report for the Snyder Lane Project No. 1971 -2 open. The Clerk reported that due notice of the hearings had been given by posting, publication and mailing of all which were evidenced by affidavits of such on file in the office of the Clerk. Bond Counsel Assaf explained that there were two hearings involved this evening. The first was a hearing on the re- port prepared pursuant to the Special Assessment Investi- gation, Limitation and Majority Protest Act of 1931 and the Engineer's Report filed pursuant to the Municipal Improve- ment Act of 1913. He explained that the Investigation Act proceedings were necessary in this project because there had not been a sufficient Petition filed in order to avoid the Act. The report prepared pursuant to-the Special Assessment In- vestigation Limitation and Majority Protest Act of 1931, ex- cept as to the map, plat or diagram and the assessed valua- tions and true valuations of, and'assessments and estimated assessments upon each parcel of land, was read. Engineer Hudis was then called upon to make an opening statement describing the project. Engineer Hudis described described the area to be assessed by reference to a copy of the assessment diagram posted on the wall, upon which the boundaries of the District were delineated. He stated that the project was for the improvement of Snyder Lane from East Cotati Avenue to Rohnert Park Expressway and included all of the properties which would be benefited by the:,construc- tion of the proposed improvements. He stated that the Dis- trict generally includes the area 300 feet in depth westerly of Snyder Lane from East Cotati Avenue to the Rohnert Park Expressway and the area 300 feet wide on the east side of Snyder Lane from the Rohnert Park Expressway to the property of..the Rancho Cotate High School and then included all of the high school property. He stated that the area on the west side of Snyder Lane in- cluded in the assessment district drained to Snyder Lane and therefor would be benefited by the construction of the drainage improvements proposed to be included in the project. Page -5' September 7, 1971 The project would also include the construction of a bridge at Copeland Creek, the cost of which would be contributed completely by the City of Rohnert Park, a 40 foot roadway with curb, gutter and sidewalks in the front of the school, the acquisition of a water main on Snyder Lane and the con- struction of a storm drainage system both northerly and southerly of Copeland Creek. He stated that the proposed District is needed to widen Snyder Lane between the limits of the project in order to provide a smooth, properly paved street, curbs, gutters and sidewalks in front of the school, driveways, ducts, railings, street signs, barricades, berms, retaining walls, tree planting, monuments, traffic striping, surface and sub - surface storm drainage facilities, including storm drain mains, catch basins, culverts, rip rap, a bridge at Copeland Creek, sanitary sewer mains, manholes with man- hole frames and covers, laterals and the acquisition of a previously constructed water main for incorporation into the City's water system, He stated that the would greatly improve access to the property along Snyder Lane within the limits of the District and the proposed drainage facilities would solve the chronic drainage problems within the area. He further stated that in order that these properties could be developed the improvements would have to be constructed. He asserted.that in his opinion the construction of the improvements was further necessary for the safety of the school children attending the Rancho Cotate High School within the District. He informed the Council that the school district had informed him that they were entirely in favor of the project and had in fact been one of the proponents because the project was required for the safety of the children attending the school. Engineer Hudis explained that assessments for the roadway, water facilities and sewer facilities were spread on a front foot basis.. The cost of the drainage construction was spread on an area basis to the properties benefiting therefrom and that the cost of the services was spread to those parcels receiving the service. He pointed out that in undertaking the project, the City would be committing itself tD building two additional lanes in the future and that.it would be committing itself in the present project to the construction of a bridge at Copeland Creek. He stated that he felt that these contributions by the City would pay for the general benefits to be derived by the City as a whole and that the property owners were being assessed only for those improvements which were a direct benefit to the properties being assessed. He stated that he believed that the various properties in the District would benefit in amounts equal to, or greater than the proposed amount to be assessed against the proper- ties and further that all properties included within the District were benefited and that no properties benefited had been excluded. Page -6- September 7, 1971 The Mayor then asked if there had been any written protests. City Manager Callinan read a letter from Sonoma Campus Co. dated August 5, 1971, which expressed vigorous opposition to the proposed assessment.district, a copy of this letter is on file with the Clerk. The Sonoma Campus Co. protested the assessment on the basis of economic grounds. Engineer Hudis reviewed the construction bids which were as follows Argonaut Constructors - $202,845.30, O.J. Jones & Sons - $224,888.22, Arthur B. Siri, Inc. - $209,797.85, A. Teichert 6 Sons; Inc. - $213,746.15. He stated that the Engineer's estimate for construction was $219,912.00, and that.the bids were below the estimate. In reply to the written protest of Sonoma Campus Co., Engineer Hudis reported that the lands now owned by it had sewer in front of the property but no connection, had no water connection and were subject to flooding and that the cost, of the improvements in this project would provide sewers and water service to the property and would make the lands developable and further,.in his opinion, would increase the value of the lands by more than the amounts assessed against them, for these improvements. Mr. Art Howard of the Sonoma Campus Co., 450 College Avenue, Santa Rosa, California, asked to be heard and was recognized He stated that if this project is approved, it will bring the total assessment on Sonoma Campus Co. property to approxi mately $15,000 an acre. He stated that there was no question that the improvements would add $15,000 per acre to the value of the land but that the project was premature in that there was no demand for the property at this time and his company could not afford to hold the property for future development if the assessment were levied at this time. He further stated that he recognized that the improve- ments were necessary for the development of the property but that the company had no intention of developing the property at this time and stated that his company would have to give its 13 acres to the bond buyer because there was no way it could pay its assessments. Engineer Hudis advised that the only way to reduce Sonoma Campus Co.'s assessment, which in his opinion had been assessed in accordance with the benefits to be received by it, would be for the City to assume the same and that the only way to leave the company's land out of the assessment district would be to build half a road which is not feasible from an engineering standpoint because the change in grade would -mean that the half road constructed would be lower than the. existing half and that it would be impossible to drive on either half or down the middle. Robert Daggett, principal of the Rancho Cotate High School a.sked.to be heard. I-Ie stated that'the school was very much concerned for the safety of students attending the school. He stated that many children from Rohnert Park used Snyder Lane to walk to school and the bicyclists, automobiles and Page -7- September 7, 1971 bus drivers and their passengers also used Snyder Lane and that Snyder Lane in its present condition represented a danger. He stated that with the cut -back in school bus service and the increase in students attending the high school the situation had become aggravated. He reported that there were approximately 800 students this year and that 1,000 are anticipated next year. He advised that the improvement of Snyder Lane in the view of the school authori- ties was necessary, and that the school was willing to pay its share of the cost of such improvement. Mr. Art Howard asked to be heard again and stated that his company would be responsible for 1/3 of the total assessment but own only 1/5 of the area of the land included within the district. Engineer Hudis in reply again pointed out the method of spreading the asssessment and how the amounts assessed were arrived at. Mr. Howard referred to the agree- ment with Valley View Land (the previous owner of the Sonoma Campus Co. land) and the City, dealing with the drainage of this property. Engineer Hudis advised that the City's agreement with Valley View Land did not include any roadside drainage or any tract drainage. City Manager Callinan explained that the previous Snyder Lane project had gone to bid but due to opposition of the Sonoma Campus Co. and the Benson property the Council had abandoned that project which was much larger than the pro - ject now contemplated. He further pointed out that prior to initiating the current Snyder Lane project several proper - ty owners had indicated that a project was desired. He ad- vised that the Benson property was specifically left out of the current project because of the fact that the property is not within the City limits and without a grant of extra - territorial jurisdiction from the County of Sonoma, the property could not be included and that, among others, the school and Mr. Martin Stone had expressed their desire that the project proceed. Tyr. Art Howard stated that the proposed development on Mr. Stone's property could proceed with an assessment district which would not include the Sonoma Campus Co. property. Engineer Hudis explained that the'Pollard property and the Stone property had been assessed for the work north of Cope - land Creek and that the property of the Sonoma Campus Co. had not been assessed for that work. He further_ stated that the lands south of Copeland Creek were being assessed for work south of Copeland Creek. The Mayor then asked if there was anyone wishing to be heard. No one further wished to be heard. The Mayor asked Bond Counsel Assaf what the procedure was from there on. Attorney Assaf explained that if the Council was satisfied that every- one wishing to be heard had been heard and that if the Coun- cil had before it sufficient information upon which it could base its decision, the next step would be to declare the hearing closed and consider the matter. Mayor Hopkins then declared the public hearing closed. Page --8- September 7, 1971 In reply to a question, Bond Counsel Assaf informed the Council that the levy of an assessment depended on the bene- fits to be derived by the property to be assessed and that this was the.criterion in an assessment. He pointed out that what the owner of a property to be assessed proposed today could be changed immediately after the project had been completed either by the owner or a subsequent purchaser and that t'he individual desires of the property owners to develop or not to develop immediately was not an issue. To allow a property owner to escape assessment because the property owner indicated that he was not ready to develop would put that property in a favorable position in that all of the improvements which would benefit that property would not be paid for by that property and thus the property, though benefited, would escape assessment. City Manager Callinan reported that a bid on the sale of the bonds Had been received from the Norman McPhail Company for 65% of the par value at an interest rate of 7 %. He stated that in his (pinion this bid was totally unacceptable and that there was a possible bid forthcoming from Stone and Youngberg. In view of the recommendation by the City Manager, Bond - Counsel Assaf advised the Council to take the matter under .advisement. _. Upon motion of Councilman Roberts, seconded by Councilman Buchanan, and unanimously approved, Project No. 1971 -2 was 'taken under advisement until the next regular meeting on September 20, 1971. Project No. 1970 -1 Project No. 1970 -1, Giffin Mobile Home Park Sewer and Water, Giffin Mobile Home was deferred until the next regular meeting at the request Park Sewer and Water of Mr. Callinan. Project No. 1970 -5 Engineer Hudis reported that Country Club Blvd. Project No. Country Club Blvd. 1970 -5 was nearly complete and with the agreement of Argo- naut Constructors Progress Payment No. 4 would be deferred to the next regular meeting. Project No. 1970 -8 Engineer.Hudis reported that he had filed the Notice of Commerce Blvd. Bridge Completion for Project No. 1970 -8 and that Progress Payment At Hinebaugh Creek No. 3 to Murdoch Engineering and Construction Co. in the amount of $1,832.40 was in order. Upon motion -of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, Progress Payment No. 3 to Murdoch Engineering and Construction Co. in the amount of $1,832.40 was approved. Resolution No. 71 -109 RESOLUTION AUTHORIZING ACCEPTANCE OF WORK OF IMPROVEMENT (Rohnert Park Project 1970 -8, Commerce Blvd. Bridge at Himebaugh Creek) City Manager.Callinan summarized.the resolution. Page -9- September 7, 1971 Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, Resolution No. 71 -109 was adopted. Recess Mayor Hopkins declared a recess at this point in the meeting, the time being approximately 8:45 p.m. ti a; .; ;; x a'; '; �': �: a .: a. .: ': ': • o �'; a; Reconvene Mayor Hopkins reconvened the meeting at approximately 8:55 p.m. Councilman Buchanan's Councilman Buchanan requested permission to leave the Vacation country during September for a trip to Ireland. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, Councilman Buchanan's request was approved. Deer Meadow Village Councilman Smith brought to the attention of the Council File #JL43 two large holes approximately seven or eight feet deep at thc. end of Arlen Drive in the Western Hosts development and the danger involved if the holes are not filled before the rainy season. After a brief discussion, staff was directed to in- vestigate and correct the situation if necessary. League of California Upon motion of Councilman Smith, seconded by Councilman Cities Conference Rogers, and unanimously approved, attendance of Council mem- Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the additional loan of $350 to the Sonoma County Treasurer's Office to cover 1915 Act Delinquencies was approved. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the additional loan of $350 to the Sonoma County Treasurer's Office to cover 1915 Act delinquencies was approved. bers and staff at the League of California Cities Annual Conference to be held in San Francisco was approved. Recycling Councilman Roberts initiated a discussion concerning the re- cycling station in the shopping center and its poor appear - ance recently. Staff was directed to pursue having the collection of articles to be recycled located off the main street, possibly behind the shopping center. Community Water Councilman Roberts commented that he had just returned from Supply a vacation in the east where Hurricane Dora had struck and some community water supplies were still contaminated after two weeks, and felt proud.of our water system. 1915 Act Delinquen- City Manager Callinan reported that during his recent vaca- cies -tion it had been necessary for Assistant to the City Manager Albright to forward $350 more to the County Treasurer's Office to cover 1915 Act Delinquencies and requested approva-' of same. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the additional loan of $350 to the Sonoma County Treasurer's Office to cover 1915 Act Delinquencies was approved. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the additional loan of $350 to the Sonoma County Treasurer's Office to cover 1915 Act delinquencies was approved. Page -10- Sept�mber 7, 1971 Emergency Employment City Manager Callinan reported that the county will adminis- Act of 1971 ter the Emergency Employment Act of 19719that a program pack- age had been submitted to the county which requested 15 posi- tions; that the county had requested that be cut and that .7 positions for the City were included in the county's appli- cation to the Federal Government. Discussion followed. 1970 -71 Audit Report City Manager Callinan distributed to the Council copies of the 1970 -71 Audit Report wepared by Touche Ross & Company for the City of Rohnert Park and the Rohnert Park Civic Commission. Discussion and acceptance of the reports was deferred to the next regular Council meeting. Councilman Smith suggested that the strengths and weaknesses of the city organization be reviewed in the next Auditor's report. City Office Building The Council discussed a time to meet with Architect, Lawrence Simons to go over plans for the new city office building. It was decided to.meet September 8, 1971 at 8 :00 p.m. in the Council Chambers. Miss Rohnert Park City Manager Callinan brought to the attention of the Coun- Pageant - Pool Member- eil a request from the Rohnert Park Chamber of Commerce for ship a family pool membership for the winner of the Miss Rohnert Park 1972 contest. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, a family pool membership was approved.for Miss .Rohnert Park 1972. Hay Crops City Manager Callinan,brought to the attention of the Coun- cil a request from William Valena to farm hay on the city's waste water disposal plant land for $500 for one year. Upon motion of Councilman Buchanan,seconded by Councilman Rogers, and unanimously approved, staff was authorized to enter into an appropriate agreement with Mr. William Valena for farming.of the city's unused waste water disposal plant lands. Holiday Park, City Manager Callinan reported on a meeting held with City File No. 0174 Manager Salfen of Cotati, Harold Heers of Forhim Corporation Supt. of Public Works Wiggins and Engineer Hudis regarding installation of a vault for connection to the Coyote Aque- duct on East Cotati Avenue to serve the Holiday Park Sub - division. He advised that apparently Mr. Angelo Santero, 1038 East Cotati Avenue had agreed to having the vault installed on his property on the south side of East Cotati Avenue if he could hook up to Rohnert Park sewer and water lines. The idea was presented for properties in the City of Cotati east of Adrian Drive to be served with water and sewer by the City cf.Rohnert Park rather than have both cities run lines. Discussion followed. The Council indi- cated it would prefer to annex the property before serving it with water and sewer. Councilman Smith volunteered to appear before the Cotati City Council to discuss deannexa- Page -11- September 7, 1971 Lion of the area from Cotati and its annexation to Rohnert Park. The Council indicated approval and authorized Council- man Smith to so do. Mr. Harold Heers of Forhim Corporation was present and also discussed the matter with the Council. Davi Operation Deputy City Attorney Mawson reported that the Davi property File 0060 was still for sale and the status of its condition had not changed. Garbage Rates Deputy City Attorney Mawson reported that City Manager Pro - Tempore Wiggins had called during City Manager Callinan "s vacation to inquire about the increase in garbage rates as related to President Nixon's wage and price freeze. Mr. Mawson advised he was of the opinion that the rate increase did not violate the President's order but the local office of the Office of Emergency Preparedness felt it did and the matter had been referred to the San Francisco office for review. Adjournment There being no further business, the meeting was adjourned at 9:30 p.m. to Wednesday, September 8, at 8:00 p.m. ���_� ---- -- D uty Ci Cle APPROVED; JYI a9lor