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1970/03/16 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES March 16, 1970 The Council of the City of Rohnert Park met this date in regular session commencing at 7:05 p.m, in the City Offices, 435 Southwest Boulevard, Rohnert Park, with Mayor Rogers presiding. Call to Order Mayor Rogers called the meeting of the regular session to order at approximately 7:05 p.m. and led the pledge of allegiance. Roll Call Present: (3) Councilmen Hopkins, Smith and Rogers Late: (2) Councilmen Buchanan and Roberts (their times of arrival are noted in the minutes). Staff Presents City Manager Callinan, City Engineer Audis, City Attorney Maxwell, County Planner Wes Vail and Fond Counsel Phil Assaf. Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the bills presented for approval were approved in the amount of $8,417.62. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the minutes of March 2,1970: were approved as submitted. Communications 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. AB98 Councilman Smith brought the attention of the Council AB98 regarding arbitration between management and employees. He briefly explained the measure and advised the League of California Cities does not support it and recommended that the Council go on record as opposing the measure because it was not in the interest of home rule. Councilman Hopkins asked that the record show that he also opposed AB98. Upon motion by Councilman Smith, seconded by Mayor Rogers, and unanimously approved, the Mayor was authorized to write a letter to the State Legislature Representatives convey - ing the Council's opposition to AB98. Employee Reinstatement Discussion on the City's employee reinstatement policy was Policy deferred until the next meeting. Ordinance No. 128 ORDINANCE AMENDING ORDINANCE NO. 90 IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY City Attorney Maxwell summarized Ordinance No. 128. Upon motion by Councilman Hopkins, seconded by Councilman Smith and unanimous approved, the reading of Ordinance No. 128 was waived, and said ordinance was adopted. Upon motion by Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the Council went on record giving a statement of intent to issue a use permit to Cofego Enterprises for a 99 bed convalescent hospital with the understanding that the use permit will be issued after more details such as plot plan and building layout are actually submitted. Lorena Manor City Manager Callinan reviewed the status of Lorena Manor File No.0121 Mobile Home Park and advised that Mrs. Lorraine Curley, agent for Lorena Manor had requested the Council to con- sider allowing use of wooden utility poles along the Express- way as an interim measure. He read letters received from P.G.&E. and Mrs. Curler concerning extension of electrical power to the mobile home park as well as street lights on proposed Country Club Drive. Wage -2- March 16, 1970 Resolution re Severe City Attorney Maxwell read a resolution supporting severe Pe�nalties for Civil Disorders penalties for those participating in civil disorders. Action on the resolution was deferred until the next regular meet- ing due to the absence of Councilman Buchanan since Council- man Buchanan had requested the preparation of this resolu- tion. It was requested that copies of the resolution be mailed to each councilman prior to the next regular meeting. Project WS- Calif -333 Well #6 City Manager Callinan reported on the situation regarding and Tank #1 Well J/6 and Tank #1 advising that an attorney at HUD had advised that the contract for this project cannot be nego- tiated with the low bidder. City Attorney Maxwell stated he believed this was due to language contained in one para- graph of the contract and that HUD's attorney might be persuaded to change his opinion. Project Engineer Hudis was present and also commented. Mx. Callinan recommended the City staff be authorized to continue to negotiate with the low bidder in the hope approv- al from HUD's legal department is obtained. If approval is not t��Yha nnA r nm 471171 d -1-,. -,1-- _ a —ill ,_ -- - -- _.wa..,. ,_--, ��u """ ;,use pJ_oje a ii-I nave to be rebid. E'ur .he-- ddz ,. zss _oii followed. Councilman Buchanan Councilman Buchanan arrived at this point in the meeting, Arrives the time being approximately 7330 p.m. Councilman Smith made a motion for staff to continue to negotiate with HUD on the contract,-to try and obtain legal sanction from HUD to award and if that course Proves un- fruitful then to call a special meeting of the Council to decide upon the next step to be taken. Councilman Buchanan seconded the motion and it was unanimously approved. Councilman Roberts Councilman Roberts arrived at this point in the meeting, Arrival the time being approximately 7340 p.m. File No. 0149 City Manager Callinan reviewed the application of Cofego Convalescent Hospi -y Enterprises for a use permit for a 99 bed convalescent tal Hospital at the intersection of future Country Club Drive and Civic Center Drive. Upon motion by Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the Council went on record giving a statement of intent to issue a use permit to Cofego Enterprises for a 99 bed convalescent hospital with the understanding that the use permit will be issued after more details such as plot plan and building layout are actually submitted. Lorena Manor City Manager Callinan reviewed the status of Lorena Manor File No.0121 Mobile Home Park and advised that Mrs. Lorraine Curley, agent for Lorena Manor had requested the Council to con- sider allowing use of wooden utility poles along the Express- way as an interim measure. He read letters received from P.G.&E. and Mrs. Curler concerning extension of electrical power to the mobile home park as well as street lights on proposed Country Club Drive. Page -3-- March 16, 1970 Upon motion of Councilman Buchanan, seconded by Councilman Smith and approved by the following roll call vote, permis- sion was granted to use five wooden poles with 300 foot spacing on the Expressway for the extension of electrical power from the railroad toward Country Club Drive with the understanding that full undergrounding of these utilities would be required within three years or prior to develop - ment of the northerly six acres owned by Lor_ena Manor, which ever is earlier; AYES: (4) Councilman Buchanan, Roberts, Smith and Rogers NOES: (1) Councilman Hopkins Empire Sports Car City Manager Callinan read a letter from Empire Sports Car Association File No. Association which set forth their intended use of Codd.ing 0150 Enterprises' property at the old airport for auto cross events. Dr. Arack was present to answer questions of the Council regarding this application. Discussion followed. Upon motion by Counclman Hopkins, seconded by Councilman Roberts, ar:;d unanimously approved, the use permit was grantee with the condition that the events be co- ordinated with the Director of Public Safety for traffic and safety. File No. 0151 City Manager Callinan reviewed the application of I.J. Andersen Variance Andersen for a variance to construct a rumpus room addition Request to his residence at 336 Burton Avenue. Letters of no objec- tions from the residents of the adjacent properties were brought to the attention of the Council. A sketch of the proposed addition was also provided for the Council's in- spection. Planner Vail recommended denial of the request. Upon motion by Counolman Smith, seconded by Councilman Roberts, and unanimously approved, the Council made the necessary findings and a variance was granted to Mr. Andersen with the condition that the addition be constructed in accordance with the sketch submitted and on file in the City Offices. Public Hearing -- Mayor Rogers declared open the scheduled public hearing on Project 1969 -3 Avram Project 1969 -3 - .A.vram Avenue and Santa Alicia Drive, Avenue and Santa Resolution of Intention No. 69--97 and the Engineer's Report Alicia Drive filed pursuant thereto. City Engineer Hudis reported on this project and reviewed the construction bids received and advised that A. Teichert & Son was the low bidder at $106,243.40 well below the engineer's estimate of 8113,707.50. City Manager Callinan read letters from property owners in the assessment district which included some protests and also reported on telephone conversations with interested parties. . Discussion followed on the method of assessing the property. Page -4- March 169 1970 Engineer Hudis advised the method of spreading the assess- ments had been on the front foot basis. There being no one else desiring to be heard, and after full consideration of all protests Mayor Rogers declared closed the public hearing on Project 1969 -3. Recess Mayor Rogers declared a recess at this point in the meeting, the time being approximately 8 :30 p.m. Reconvene Vice Mayor Smith reconvened the meeting, in the absence of Mayor Rogers, the time being approximately 8 :40 p.m. Resolution No. 70--36 _A RESOLUTION AMENDING RESOLUTION OP INTENTION NO. 69 -97 (Avram .Avenue and Santa Alicia Drive Improvement Project No. 1969 -3). Attorney Assaf, summarized the resolution. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unaraymously approved, Resoiut_.ost No. 70--36 was adopted. Resolution No. 70 -37 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OR INTENTION NO. 69 -97 (Avram Avenue and Santa Alicia Drive Improvement Project No. 1969 -3) Attorney Assaf, summarized the resolution. Upon mcbtion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, Resolution No. 70 -37 was adopted. Resolution No. 70 -38 A RESOLUTION ORDERING REDUCTION OP ASSESSMENTS (Avram Avenue and Santa Alicia Drive Improvement Project No. 1969 -3). Attorney Assaf summarized the resolution. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, Resolution No. 70 -38 was adopted. Resolution No. 70 -39 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRM- ING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS (Avram Avenue and Santa Alicia Drive Iml-Irovement Project No. 1969 -3) Attorney Assaf summarized the resolution. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, Resolution No. 70 -39 was adopted. Resolution No. 70 -40 A RESOLUTION DESIGNATING COLLECTION CFFICER(Avram Avenue and Santa Alicia Drive Improvement Project No. 1969 -3) Attorney Assaf summarized the resolution. Page e5- March 16, 1970 Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, Resolution No. 70--40 was adopted. Resolution No. 70 -41 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. (Avram Avenue and Santa Alicia Drive Improvement Project No. 1969 -3). Attorney Assaf, summarized the resolution. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, Resolution No. 70 -41 was adopted. Mr. Assaf advised that three parcels had not yet been acquired which are necessary for Project 1969 -3, but negoti- ations are still under way. If negotiations prove unsuc- cessful eminent domain proceedings will be filed. Discussion followed. Project 1970 -2 Snyder City Manager Callinan reviewed the status of Project 1970 -2 Lane Water Main Snyder Lane Water Main, and advised the contract will be awarded for this project as soon as the contract for Well #6 and Tank #1 is awarded. Stiff Penalties Vice Mayor Smith reviewed the earlier reading of a resolution for Participants supporting stiff penalties for participants in riots for in Riots the benefit of Councilmen Buchanan and Roberts and advised them copies of the resolution would be mailed to all Council- men for study. Action on this resolution was again deferred until the next regular meeting. Agricultural City Manager Callinan advised the Council that according Preserves to the County Assessor's office for the 1969 -70 tax roll 26% of the land in Sonoma County was in agricultural pre- serves and the preserve lands had a cash value of approxi- mately 526 million and an assessed valution of $6.5 million. Police Dispatching City Attorney Maxwell read the proposed agreement between Service Rohnert Park and Cotati for police dispatching service. City Manager Callinan explained the dispatching service pro- gram being established as of April lst by using law enforce- ment college students as Public Safety Cadets. Chief Dennett was present to answer questions. Discussion followed. Councilman Hopkins recommended that the job description presented by City Manager Callinan for Public Safety Cadet be changed to read as follows "Graduation from high school or completion of one year of college.°' Page -6- March 16, 1970 Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, the job description for Public Safety Cadet was approved as amended. Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, the Mayor was authorized to execute the agreement with Cotati for police dispatching service. Agreement with City Manager Callinan -reviewed the proposed letter agree- Ribera and Sue ment with Ribera & Sue, Landscape architects for the pre- paration of a plan for Alicia and Benecia Parks and adja- cent school grounds. Recreation Commissioner Nore Thiesfeld reviewed background of the Commission's decision to recom- mend engagement of Ribera and Sue and summarized the pro- gram outlined as guidelines for Ribera and Sue. Discussion followed. Earl Hall, 781 Bernadette Avenue, Rohnert Park, was recog- -1_ _X� '1­_­. - ZCA -A ­^-4-4 ---A 4-U_ necessibi of having arell-litectub - ­4� U.LI.0 plan our parks at this time. Mir. Thiesfeld and the Council responded to Nr. Hall and in so doing referred to the recent community questionaire concerning recreation facilities. Upon motion by Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, execution of the letter agreement with Ribera and Sue dated March 11, 19709 was authorized. Bus for Recreational City Manager Callinan advised there was a possibility of Activities obtaining a bus at nominal cost through the Civil Defense Surplus Property Program. It would have to be assigned to the Police Department but could be used for recreational activities. Copeland Creek City Manager Callinan advised that the flood damage grant Project No. 1968® appi- ied for had been received from the Federal Government 3 ' and that final payment had been reade to the contractor, Carl Woods, and that a -final project report would be given to the Coix-neil in the near future along with a recommendation for disposition of surplus funds. Community Center City Manager Callinan advised that fencing had been instal- Fence led around the ivy at the Community Center in an effort to keep children off so that the ivy could become established. Adjournment to The 'meeting was adjourned at approximately 9:55 P.m. to an Executive Session executive session. Executive Session The Council of the City of Rohnert Park met this date in closed executive session with all Councilmen, City Attorney Maxwell, and City Manager Callinan present. Discussed was the right of way required from Lena Ligi for the westerly frontage road, Project No. 1968-1. putt' C�y Cl APPROVED-. Mayor Page -7- March 16, 1970 The Executive Session was adjourned and the public meeting was reconvened at approximately 10 -.10 p.m. krgject 1968 -1 Mayor Rogers reported that the executive session had been Lena Ligi held to discuss right -of -way negotiations with Lena Ligi for some Project No. 1968 -1 right of way. He advised that the property owner had requested $1,500 for the right of way and the Council was willing to accept this purchase price Upon motion by Councilman Rogers, seconded by Councilman Smith and unanimously approved, the Council authorized the purchase of the right of way from Mrs. Ligi for Project 1968 -1 with the understanding that the $1600 will include any and all severance damages. Resolution No. 70 -42 RESOLUTION ACCEPTING GRANT DEED FROM LENA LIGI (Project 1968 -1, Westerly frontage road right of way) Upon motion by Councilman Rogers, seconded by Councilman Smith and unanimously approved, Resolution No. 70 -42 was adopted. Adjournment Tle:e being no further business the meeting was adjourned at approximately 10015 p.m. putt' C�y Cl APPROVED-. Mayor