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1967/02/20 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES February 20, 1967 The Council of the City of Rohnert Park met this date in regular session at 8 :00 P.M. in the City Offices, 435 Southwest Boulevard, Rohnert Park, with Mayor C. Smith presiding. This regular meeting was preceded by a work session which commenced at 700 P.M. but at which no formal action was taken. Call to Order Mayor C. Smith called the meeting to order and led the pledge of allegiance. Roll Call Present% (5) Councilmen Pezonella, Roberts, Rogers, V.Smith, and Mayor C. Smith Absent: (0) None Staff present: City Manager Callinan, City Attorney Maxwell, Bond Counsel Phil Assaf of Wilson, Jones, Morton and Lynch, and John Quinn of the Sonoma County Planning Department. Approval of Minutes Upon motion by Councilman Pezonella, seconded by Councilman Rogers and unanimously approved the minutes of February 6, 1967 were approved as submitted. Bills for Approval Upon motion by Councilman Roberts, seconded by Councilman Pezonella and unanimously approved, the bills submitted were approved for payment. Communications Incoming communications were brought to the attention of the Council. No action was taken on any of the communica- tions except as specifically noted in these minutes. 1. A letter from the Rohnert Park Float Committee was read. Members of the committee were present in the audience. Mayor C, Smith commended the float committee for their fine work and requested that the City Manager prepare an appropriate resolution and also relay the letter to the Chamber of Commerce. 2. A letter from Henri Maysonnave regarding information on the Congress for Community Action was read. The Council requested that the letter be sent to Rev. Glenn Saul, Chairman of the Congress. 3. A copy of a letter from Hugh B. Codding to the Coro .Foundation regarding a study of the feasibility of merging certain cities was read. The Council requested that the letter from Mr. Codding be acknowledged, but no action nor opinion from the Council was given. Page -2- February 20, 1967 Ordinance No. 77 AN ORDINANCE AMENDING, THE ZONING ORMahticE P OR THE CTTX OF ROHNERT PARK. City Manager Callinan reviewed the ordinance with the Council. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, the reading of Ordinance No 77 was waived. Upon motion by Councilman V. Smith, seconded by Councilman Roberts and unanimously approved, Ordinance No. 77 was adopted. Zoning Change City Manager Callinan suggested the rezoning of all the Industrial Area proposed industrial land north of Hinebaugh Creek, between U.S.101 and the railroad tracks as ML -PD, except for that portion already zoned ML. A brief discussion followed at the conclusion of which the Council set a public hearing on the proposed rezoning for March 20, 1967. Sonoma State Mr. Assaf; bond counsel, reviewed and commented on the public Expressway hearings held on January 16, 1967. Mr. Assaf stated that since no bids on the 1911 Act bonds had been received he had prepared the necessary resolutions to change and modify the proceedings to permit the sale of 1915 Act bonds Public Hearing on Mavor C. Smith declared the nublic hearing on the ChanapR Changes & Modifications and Modifications open and asked for comments from those Sonoma State Express- wishing to be heard. way - Improvement Project No. 1966 -2 Mr. Assaf advised that the mailing and publication of the public hearing had been made. A discussion was held regarding the proposed 1915 Act bond assessment and whether any single family residences were involved in the assessment district. City Manager Callinan stated that according to the development plan for the assessment district area no single family areas were involv- ed. Councilman V. Smith stated, for the record, that if the 1915 Act assessment for the expressway covered any single family residences, he would be opposed to any further assessment of those single family areas. City Manager Callinan discussed a proposed sewer main exten- sion project for the El Colegio area and advised that it had been the intention to use assessment bonds for this projects Mr. Callinan advised that the property owners had agreed to bonding for these sewer and water line improve- ments and the tie -,ins. Mr. Art Howard, Sonoma Campus Co., brought to the attention of the Council the agreement be- tween the City and Valley View Land and Development Co. Page -3- February 20, 1967 whith allowed for bonding for certain sewer and water mains. Upon conclusion of the general discussion Mayor C. Smith asked if any written protests had been received. There being none, and no one else wishing to be heard the public hearing was declared closed. Public Hearing on Mayor C. Smith declared the public hearing open and asked Engineer's Report for comments. Sonoma State Express- way - improvement Mr. Callinan advised that a revised engineer's report had Project No. 1966 -2 been prepared by Mr. Hudis, project engineer. He reviewed the revisions. Mr. Assaf compared the original cost estimates and assess- ment district area with the revisions. Project Engineer Hudis pointed out that the Sonoma County Road Department had designed the expressway and that in most places the expressway would be approximately 2 feet higher than the surrounding land. Mr. Assaf brought to the attention of the Council the.pro -. tests received at the public hearing held on January 16, 1967. Mr. Callinan reviewed the protests and advised that he had been in contact with the protesting property owners and they all indicated that their portests could be with- drawn. Mr. Art Howard, appeared and stated that at this time he withdrew the protests of Sonoma Campus Company and Santa Rosa Development Co. with the understanding that an assess- ment project for extension of the major sewer lines would be permitted. In answer to a question from Mayor C. Smith, City Attorney Maxwell stated that it was his understanding that the pro- tests have been withdrawn subject to the balance of the per acre assessment being used for sewer trunk and water lines. He indicated he didn't feel that this was incon- sistent with the City policy in the past and he felt that the Council should accept the withdrawal of the protests subject to allowing the developer to work out the balance of the per acre assessment for major sewer trunk and water lines. Mr. Callinan advised that he had talked to Mr. E. R. Owens and advised him that the Council agreed to a $1200.00 per acre assessment on his land so Mr. Owens has withdrawn his objections. Mr. Callinan advised that Mr. Ben Oretsky had protested his >. lands being assessed, however, none of his lands are in- cluded in the assessment district. There being no further comment and no one else wishing to be heard, the public hearing was declared closed. Page -4- February 20,1967 Resolution No. 67 -08 A RESOLUTION ORDERING CHANGES AND.MODIVICATIONS, SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966 -2. Mr. Assaf reviewed the contents of the resolution with the Council. Upon motion by Councilman Rogers, seconded by Councilman V. Smith and unanimously approved, the reading of Resolution No. 67 -08 was waived and said resolution adopted. Resolution No. 67 -09 A RESOLUTION ORDERING MODIVICATION IN BOUNDARIES OF ASSESS - MENT DISTRICT, SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966 -2. Mr. Assaf reviewed the contents of the resolution and ad- vised that the revised assessment district map was filed with the County Recorder on February 10, 1967. Upon motinn by Councilman V. Smith, seconded by Councilman b.. .. ,t .. 1. ...] a IC .avgacro auaa uaaaniutvuoiy gs�:rvvc.u, WIC 1�zau.i►i6 vt itc:VtuiiUii No. 67 -09 was waived and said resolution adopted. Resolution No.67 -10 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 3519 SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966 -2. Mr. Assaf reviewed the contents of the resolution with the Council. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, the reading of Resolution No. 67 -10 was waived and said resolution adopted. Resolution No.67 -11 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS, SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966 -2. Mr. Assaf reviewed the contents of the resolution with the Council. Upon motion by Councilman Roberts, seconded by Councilman Rogers and unanimously approved, the reading of Resolution No. 67 -11 was waived and said resolution adopted. Resolution Noe67 -12 A RESOLUTTON ANT) ORnPR ATOPTTNr. VNr.TNFRRtC RFPQRT9 rnN7VTRM- ING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966 -2. Mr. Assaf reviewed the contents of the resolution with the Council. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 67 -12 was waived and said resolution adopted. Page -5- February 20, 1967 Resolution No.67 -13 A RESOLUTION DESIGNATING COLLECTION OFFICER, SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966 -2. Mr. Assaf reviewed the contents of the resolution with the Council. Upon motion by Councilman Pezonella, seconded by Councilman V. Smith and unanimously approved, the reading of Resolution No. 67 -13 was waived and said resolution adopted. Resolution No.67 -14 A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS, SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966 -2. Mr. Assaf reviewed the oontents of the resolution with the Council and advised that the date for the bid opening had been left open pending completion of the new prospectus, but he was striving for a March 6, 1967 bid opening. Upon motion by Councilman Pezonella, seconded by Councilman V. Smith and unanimously approved, the reading of Resolu- tion No. 67 -14 was waived and said resolution adopted. Mr. Assaf advised that only two items were left on this project, the awarding of the construction contract and the sale of bonds. Grade Corssing Agree- A discussion was held concerning the proposed agreement ment, Sonoma State between the Northwestern Pacific Railroad Co. and the City Expressway relative to the Sonoma State Expressway grade crossing. Whether the City should come to an agreement with the County before signing the agreement with the railroad was discussed. Mr. Callinan indicated he felt the City should go ahead and sign the agreement, sending a copy to the County advising them the City did not intend to construct the overpass but considered it as the County's responsibi- lity at the time the other two lanes of the expressway were required. City Attorney Maxwell, with some reserva- tions, concurred that the City should sign the agreement with the Northwestern Pacific Railroad without having first signed an agreement with the County for the overpass. After further discussion the matter was deferred. Project No. 1965 -3 Mr. Callinan reviewed with the Council the letter he had Commerce Boulevard written to Mr. Assaf recapping all the receipt and disburse - Extension ments to date for Project No. 1965 -3. Of the approximately $9,000.00 surplus, Mr. Callinan requested authorization to transfer $19000.00 to the general fund and retain the re- maining $8,000.00 in the project fund for maintenance of the improvements. Upon motion by Councilman V. Smith, seconded by Councilman Pezonella and unanimously approved, the final report for Project No. 1965 -3 was accepted and authorization to trans- fer $1,000 to the General Fund and to retain $8,000 in the project fund for maintenance was given. Page e6- February 20, 1967 Mr. Callinan advised that he would follow up, with Mr. Assaf, about the possibility of reserving some of the surplus to build the bridge over Hinebaugh Creek. Mr. Groom, a property owner, suggested that some of the money might be spent za eliminate the flooding in the industrial area. Improvement Plans for Mr. Callinan advised that Gulf Oil (­vn.ny had prepared the Wilfred Avenue - Commerce necessary improvement plans for the improv..r.,ent of Wilfred Boulevard area. Avenue- Commerce Boulevard area and displayed ta—m for the Council. Mr. George Schilling, representing Gulf �;i� was present. Mr. Hudis, acting City Engineer, stated he had checked the plans for all City standards and in discussing the plans with Mr. Wiggins, Mr. Wiggins had suggested that the curves and turns in the storm drains be eliminated and straight pipe and junction boxes be put in. Mr. Wiggins also suggest- edthat manholes he put in rather than clean -n-ut trans+ - ... e. �_e,.,t, manholes ,><„ ,.,� �z�v ��e <�dea�:� �ee..,ea - ....�..,, >< ..,.�.., ..._..SY.., vn the sewer lines. Mr. Schilling saw no objections to these suggestions, however, he advised that the straightening of the lines should remain an alternate method inasmuch as he did not know precisely where the gas pumps would be placed, which might prevent the lines from being straightened out. Upon motion by Councilman V. Smith, seconded by Councilman Roberts and unanimously approved, the improvement plans for the Wilfred Avenue - Commerce Boulevard area, submitted by Gulf Oil Corporation, were approved as submitted, sub- ject to the changes and alternates recommended by Mr. Hudis and Mr. Wiggins. Resolution No.67 -15 A RESOLUTION DESIGNATING FEBRUARY 20 -269 1967 AS ACTIVE 2030 WEEK IN THE CITY OF ROHNERT PARK Mayor C. Smith and City Manager Callinan officially commend- ed the 20-30 Club for their wonderful cooperation with the City and their many worthwhile contributions to the community. Councilman Rogers read Resolution No. 67 -15 and moved for its adoption. Said motion was seconded by Councilman Roberts and unanimously approved. Councilman V. Smith stated that Mr. Ray Goff, past presi- dent of the 20 ®30 Club had been present earlier but had had to, leave, however, Mr. Goff had wanted to publically compliment the City Manager for his cooperation and effort on behalf of the 20 -30 Club. RESOLUTION NO. 67 -16 A RESOLUTION ACCEPTING DEED FROM REDWOOD EMPIRE TITLE COMPANY, EXTENSION OF SOUTHWEST BOULEVARD. City Manager Callinan explained the need to have the pro- perty deeded to the City for future street right -of -way. Page -7- February 20, 1967 Mr. Callinan asked if a title report and title insurance would be necessary since the property was right -of -way. City Attorney Maxwell recommended obtaining a minimum title insurance policy. Upon motion by Councilman V. Smithy seconded by Councilman Rogers and unanimously approved, Resolution No. 67 -16 was approved subject to staff obtaining a minimum title insur- ance policy prior to recording the deed. Rules and Regulations City Manager Callinan solicited comments and questions Regulating the Sale from the Council regarding the rough draft of the proposed of Water rules and regulations for the water operations. The Council expressed general agreement with the proposed rules and regulations. A discussion was held relative to the need for water meters in single family residential areas. City Manager Callinan was requested to prepare a compre- hensive report and program relative to the installation of meters for the Council's discussion and review. Copeland Creek Improve- Mr. Callinan gave a verbal status report on the Copeland ment Project Creek Improvement Project. CATV A discussion was held concerning CATV. City Attorney Maxwell advised that before the Council could grant any franchise they must adopt an enabling ordinance. Mr. Maxwell suggested that such an ordinance be introduced and City Manager Callinan be instructed to make a recommendation and report on the procedure to be used in granting a fran- chise. .Mr. Bill McIntyre of McIntyre Cable Construction, was pre - sent and discussed his operation with the Council and stated that after the ordinance was adopted he would like to submit a bid. Mr. Maxwell reviewed the proposed ordinance with the Council. Mr. Anderson of P.G. d E. Company was present and advised that P.G. E. poles could be used by the CATV cable com- panies for attaching their cable. 14r. Brown of the Telephone Company was also present and stated the Telephone Company would have no objection to the CATV cable companies attaching to those poles owned .jointly with P.G.& E. Mr. Anderson further advised that.in the new subdivisions where the utilities were going underground, P.G.d E. was double trenching to allow the gas, electric, telephone and CATV cables to be placed side by side. Page -8- February 20, 1967 Ordinance No. 78 AN ORDINANCE OF THE CITY OF ROHNERT PARK PROVIDING FOR THE GRANTING OF A NON- EXCLUSIVE FRANCHISE PURSUANT TO SECTION 53066 OF THE CALIFORNIA GOVERNMENT CODE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF ROHNERT PARK, PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM. Upon< motion by Councilman Pezonella, seconded by Councilman Roberts and unanimously approved, the reading of Ordinance No. 78 was waived and said Ordinance introduced. City Manager's Report Teenage Forum Mr. Callinan suggested that the Council set a night and invite all teenagers of Rohnert Park to express themselves on recreation programs they might like to see initiated. Councilman Rogers moved that the City Manager be allowed to proceed and set a date acceptable to the Council. Said motion was seconded by Councilman Pezonella and unanimously approved. A general discussion followed relative to the age limita- tion. It was agreed that all young people from the age of 13 to 21 be invited to the forum. Mayor C. Smith appointed Councilman Pezonella to work with Mr. Callinan on the details. Councilman Pezonella recommended that a member of the Recreation Commission be appointed to work with himself and Mr. Callinan. Tree Planting Project Mr. Callinan gave a verbal report an the progress of the tree planting project. Flood Control Mr. Callinan reviewed suggested projects to be proposed to Projects the Flood Control Advisory Committee for inclusion in the 1967 -68 budget to be recommended to the Board of Supervi- sors. The Council endorsed the staff's recommendation sub- mitted. Meeting with Cotati City Manager Callinan read a letter from the Cotati City City Council Council agreeing to meet with be Rohnert Park Council on February 27, 1967. The Council requested Mr. Callinan to advise the Cotati Council that it would be a very informal raee ti rig. Meeting with Cotati March 15, 1967 was agreed as the date for a meeting between School Borad the Rohnert Park City Council and the Cotati Elementary School District. Mr. Callinan was asked to work out the details. City Attorney's Report Hardin Law Suit Pair. Maxwell stated that a deposition had been taken from Mr. Callinan this afternoon, and that the suit would probably go to trail in the fall. Page -9- Assignment of rights Mr. Maxwell stated under Lease - Option study this matter for Sewer Plant Lands next meeting. February 20; 1967 that he had not had the opportunity to and requested that it be deferred to the Procedure for Making Mr. Maxwell commented that he felt the procedure the Motions and Initiating Council was following was very good. He explained the Discussions proper procedure for making motions, introducing and adopting resolutions and ordinances and initiating and terminating discussions. Matters from Councilmen Councilman V. Smith Councilman V. Smith requested that the scheduled discussion of a feasibility study regarding acquisition of public utilities be postponed to the next meeting. Drainage at 667 Bernice Mr. Callinan reported that as far as he know the drainage Yount America Homes improvement work at 667 Bernice was still not complete. Mr. John Gripe of Young America Homes was present and ad- vised the Council he was under the impression the work had been completed and that he would look into the matter immediately. Councilman Roberts Councilman Roberts reported that the final Sonoma County Mayors' and Councilmen's Association Library Committee meeting would be held at Chesney's on March 8, 1967 and he invited each Councilman to attend. Councilman Roberts re- ported on the last meeting of the committee. Councilman Rogers Left Councilman Rogers left the meeting at this point, the time being approximately 11:00 P.M. Sales Tax Feasibility Councilman Roberts reported on the activity of the Sales Study Tax Study Committee ofthe Sonoma County Mayors' and Councilmen's Association. A general discussion followed after which the matter was deferred until February 27, 1967 at which time the Council will take a position on the sales tax proposal. Wally Byam Caravan Councilman Roberts initiated a discussion concerning the Wally Byam Caravan. Upon motion by Councilman Pezonella, seconded by Councilman Roberts and unanimously approved the Mayor was requested to issue an appropriate proclamation welcoming the Wally Byam Caravan. ABAG Report Councilman V. Smith gave a verbal report on the activities of A.B.A.G. The Council authorized Councilman V. Smith to use his own judgement in representing Rohnert Park on any matters that come up in the scheduled general meeting of A.B.A.G. Page -101® n 1 20 yoc? Adjournment There being no further business the meeting was adjourned at approximately 11020 P.M. to Monday, February 27, 1967 at 7:30 P.M. u7puty Clerk APPROVED: Mayor C c® H. Smith ATTEST: Citf Clerk_ Vernon P. Smith CITY ACQUISITION OF PURL -1-C UTILTTTES Some months ago the City Council preliminarily explored the question "should the City of Rohnert Park own and operate its own utility in- eluding gas and Olectrie Bervice ?" The investigation determined that a feasibility study by some technically qualified firm would be necessary if we were to proceed in earnest. The majority decision was to discontinue proceedings due to more pressing matters, while recognizing the matter as a proper subject for discussion and consideration at any time thereafter. So within the prerogatives of that framework of understanding, I respect- fully request the Council permit me to talk to the subject "should the City of Rohnert Park own and operate its own utility including gas and electric service ?" Any discussion that is meaningful should frame public utilities in some clear manner. In so doing, it is necessary we first recognize that public utilities are a special grouping of industries. They are to be distinuish- ed from state service and public works, which are administered as public functions and hence supported by taxation, and from that variety of in- dustrial, commerical, and agricultural undertakings which are usually identified with the term "private industry." -1- Public utilities are closely associated with our developing civilization, supplying wants so fundamental for communal living that government has at all times subjected them to some measure of control. They administer to wants which are regarded as basic. For this reason, utilities are pro- vided with the governmental power of eminent domain which makes possible the compulsory sale of private property to insure such properties are put to their highest use. Public utilities, properly so called, need not be privately owned. But these publicly managed enterprises, instead of looking to the state for financial support, sell their services to the general public. Both, publicly and privately (investor) owned utilities sell their services at prices which are not fixed in the open competitive market place operating under the economic principles of supply and demand, but are governmentally fixed. This is the most important aspect of the process known as public utility. Herein then, lies the all important conclusion which must be reached by local government — that of determining what type organizational structure can provide the most direct benefit to those receiving service and to all those who should apply. We need not go beyond the matter of taxation in order to access the advisability of proceeding toward a feasibility study of acquisition. As in any business, a private ut- lity's taxes are ultimately-paid by the consumer because taxes are added to the cost of the service being rendered. With respect to the residents of this city, more than 20¢ of'every dollar —2— paid for gas and electrical services goes for taxes. The possibility of a 203 reduction in the cost of utility services to users through a municipally owned and operated utility warrants study. Therefore, it is recommended that as step one, the City Manager be authorized and directed to solicit quotes on an "acquisition feasibility study."