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1978/11/27 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES November 27, 1978 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hopkins presiding. Call to Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:05 p.m, and led the pledge of allegiance. Roll Call Present: (4) Councilmen Beary, Carbone, Roberts and Hopkins.. Absent: (1) Councilman Stewart (who was attending the National League of Cities Conference) Staff present for all or part.of the meeting: City Manager Callinan, City Attorney Flitner (whose time of arrival is specifically noted in these minutes). Approval of Minutes Upon motion.of Council Carbone, seconded by Councilman, Beary,.the minutes of November 16, 1978 were approved as submitted by the following voice vote. AYES: (.3) Councilmen Beary, Carbone and Hopkins NOES: (0) None ABSTAIN: (1) Councilman Roberts ABSENT: (1) Councilman Stewart Approval of Bills Upon motion:of Councilman Carbone, seconded by Mayor Hopkins, and unanimously approved, the bills per the attached list in the amount of $581,346.41 were approved. City Attorney Arrives City Attorney Flitner arrived at this point in the meeting, the time being approximately 7:10 p.m. . _ :C iC r. 'iC Z 3 r. T. s0• rC 7., Dt _, v.. n � . t rC 7...�4' 7 b r C O N S E N T C A L E N D A R: City Manager Callinan referred the Council to his memo dated November 22, 1978 to the City Council for explanation of all matters on the Consent Calendar. Resolution No. 78 -165 ''RESOLUTION OF THE COUNCIL OF THE CITY OF'ROHNERT PARK APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND Resolution No. 78 -166 RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING INSTALLATION OF STOP SIGNS File. No. 06120 ' Maurice Abend, Wild Berry Subdivision, final map approval (56 condominium units) and authorizing Mayor to execute appropriate subdivision agreement. Page 2 November 27, 1978 Upon motion of Councilman Carbone, seconded by Councilman Roberts, and unanimously approved, reading of Resolution Nos. 78 -165 and 78 -166 was waived and said resolution were adopted and the final map for the Wild Berry Subdivision (File No. 0620) was approved, Rancho Cotate Champion -' Mayor Hopkins noted that Mr. Dick Laguens, who was scheduled ship Football Team to appear, was ill and relayed his request for contribution of commemorative plaques to the championship winning high school football team. 'City Manager Callinan informed that the Rancho Cotate High School Rooters Club is willing to split the cost with the city. Upon motion of Councilman Berry, seconded by Councilman Carbone, and unanimously approved, commemorative plaques to the Rancho Cotate High School championship football team were authorized in conjunction with the Rancho Cotate High School Rooters Club. Ordinance No. 359 Project No. 1978 -14 Ekecutive'Avenue Assessment District AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE 'ROHNERT'PARK MUNICIPAL CODE, TITLE 15, SECTION 15.40.020 (Construction Fees) City Manager Callinan reviewed the ordinance and his memo to the Council dated November 22, 1978 concerning same. *Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved by a voice vote, reading of Ordinance No. 359 was waived and said ordinance was introduced. Mayor Hopkins noted that since the meeting was ahead of -schedule to go to the next item on the agenda and return to this item when all parties concerned were present. Project No. 1978 -16 City Manager Callinan referred Council to his memo dated Park Club Drainage November 22, 1978 to the City Council regarding this Facility project and informed that the low bidder, Soiland Inc., had agreed to hold their bid price until December 31, 1978 and requested that this contract award be deferred until the December 11, ,1978 meeting. Discussion followed. Resolution No. 78 -167 A RESOLUTION OF INTENTION OF THE ROHNERT PARK CITY COUNCIL TO AWARD A CONTRACT TO SOILAND CO. INC. FOR THE INSTALLATION OF DRAINAGE FACILITIES PURSUANT TO PLANS AND SPECIFICATIONS APPROVED BY THE CITY OF ROHNERT PARK FOR A TOTAL CONSIDERATIOP OF NINETY THOUSAND SEVENTY AND SIXTY HUNDREDTHS ($90,070.60) DOLLARS (Park Club Storm Drain, Project No. 1978 -16) Councilman Carbone made a motion, seconded by Councilman Berry, to award the contract to Soiland.Inc. Discussion followed. Project No. 1978 -14 Executive Avenue Assessment District Page 3 November 27, 1978 Mr. Norm Owen, attorney representing the developer of the Park Club Apartments, was recognized and advised that while his client, C & h.Enterprises, did not intend to avoid their obligation, they did wish to delay this award to allow investigation of alternatives since the bzd.was so much higher than anticipated. Discussion followed between Mr. Owen, Council members and staff. Mayor. Hopkins proposed a friendly amendment to award the contract contingent upon hearing from C & L Enterprises on or before December 8, 1978 concerning an acceptable alternative. The motion was approved and Resolution No. 78 -167 was adopted by title by the following roll call vote. AYES: (4) Councilmen Beary, Carbone, Roberts and Hopkins NOES: (0) None ABSENT: (1) Councilman Stewart City Manager Callinan reviewed his November 22nd memo to the City.Council and explained the assessment district project known as Executive Avenue, Project No. 1978 -14. A copy of the Engineer's Report, prepared by Project Engineer Hudis, was filed in his office on October 24, 1978 and has been available for public inspection. Copies of the report were previously distributed to Council members. The Engineer's Report referred to consists of a description of the acquisitions to be made, an estimate of the itemized and total costs and expenses in connection therewith, a diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within the district and an assessment in accordance with benefits. City Manager Callinan further stated that notices of public .hearing for the project had been posted, published and mailed pursuant to law. Affidavits and certificates of posting, publication and mailing were on file in his office. He also reminded that if after the hearing was held the Council confirmed the assessments, a validation suit would be filed by the city's bond counsel, Philip Assaf of Wilson, Morton, Assaf and McElligott, to make sure that the liens against the property in the assessment district were not in violation of Proposition 13. City Manager Callinan informed that, Bond Counsel Copeland was present to answer any questions. Proceedings were undertaken pursuant to a petition filed with the city and executed by the owners of more than 60 percent in area of the property subject to assessment Petitioning this Council to undertake proceedings pursuant to appropriate special assessment and assessment bond acts. Page 4 November 27, 1978 Mayor Hopkins declared open the scheduled public hearing on the Engineer's Report for Project No. 1978" -14, Executive Avenue Assessment District, prepared pursuant to the provisions of the Municipal Improvement Act of 1913. Project Engineer Milt Hudis was recognized and explained the assessment district project by referring to a posted map of the assessment district. Engineer Hudis presentation was reduced to writing and filed with the City Council, a copy of which is attached to the original set of these minutes. , City Manager Callinan informed that a letter had been received from Ernest McCulloh, which was read, objecting to the assessment district. Mr. Ernest McCulloh, 2425 Cleveland Avenue, Santa Rosa, was recognized and reported that after having spoken to Mr. Redding regarding his plans for development, Mr. McCulloh could not see hoer this read would make his land more valuable for the warehouse he already had approved in the past as its intended use. He felt that it would adversely effect the buildable square footage due to set backs especially on the corner lot and the lot bordering the railroad tracks. He respectfully submitted that he felt that this is a flagrant abuse of how he wants to use his property. City Manager Callinan explained that he would realize benefits when he subdivided. Mr. Jim Redding`, 7147 Barbie Lane, Rohnert Park, was recognized and reported that while he owned three parcels in the area, they all had ample frontage on existing roads and did not feel that this assessment district would effect his property, as he was not an owner in the assessment district. Ms. Wanda McCulloh, 1066 Widfield Drive, Santa Rosa, was recognized and noted that while she was in favor of this assessment district at first when she thought it would cost $30,000 and not $62,000, she now felt that she would lose more land than the road would be worth to her, therefore, she is opposed to the assessment district. City Manager Callinan explained that at the time of the $30,000 estimate he was assuming that the road could be constructed on a cash basis without an assessment district. He also noted that the amount of the assessment included at least $15,000 for acquisition of right of way, therefore, the net assessment was approximately $47,000. Mr. Ernest McCulloh was recognized and again stated that when you consider 30 feet in road and setbacks and the cul de -sac, you lose a lot of space. Page 5 November 27, 1978 'Mr. Ed Halperin, 55 Professional Center Parkway, San Rafael, was recognized and commented that he did not feel that the McCullohs would lose as much area as they seem to think and that there are not many uses for a'lot of their con- figuration as it now exists. Ms. Wanda McCulloh was recognized and noted that they developed a similar lot very nicely and that the new set backs would effect it and what could be done. There being no one else desiring to be heard and no other written communications received, Mayor Hopkins closed the public hearing: Councilman Roberts made a motion to reject the Executive Avenue Assessment District, which died for lack of a second. Councilman Carbone made a motion, seconded by Mayor Hopkins, to approve the Executive Avenue Assessment District. .Discussion followed, after which Mayor Hopkins withdrew his second. Upon motion of Councilman Beary, seconded by Councilman Carbone, and unanimously approved, Project 1978 -14, Executive Avenue Assessment District was tabled until the next meeting on December 11, 1978 when all Councilmen would be present Parks and Recreation City Manager Callinan referred Council to his memo dated Commission Meeting November 22, 1978 to the City Council for explanation of recommendation to Council that the Rohnert Park Community Center on Burton Avenue name be changed to Burton Ave. Recreation Center. Burton Ave. Recreation`. Upon motion of Councilman Carbone, seconded by Councilman Center Roberts, and unanimously approved, the name of the Rohnert Park Community Center is changed to Burton Ave. Recreation Center. Rapozo Park Councilman Carbone initiated a discussion regarding item 3 of the memo from Parks and Recreation Director Pekkain concerning the status of Rapozo Park. City Manager Callinan explained it was a county park and that the county did not have the funds to complete the schematic plans for the park. Discussion followed.. Councilman Carbone directed staff to look into the possibility of having the park deeded back to the city for development. City Manager Callinan indicated that staff would communicate the Council's comments to the county and ask for a response. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any communications except as noted specifically in these minutes. Page 6 November 27, 1978 City Manager's Report City Manager Callinan referred the Council to his memo dated November 22, 1978 to the City Council for explanation of all matters on the City Manager's Report section of the agenda. Mountain Shadows City Manager Callinan reported that the golf course is Golf Course substantially completed and that the city will be filing the "Notice of Completion ". He also advised that the maintenance yard is to be fenced to, among other things, protect equipment for the new course, and the low bid for the fencing came in At $4,130. Council /Manager City Manager Callinan commented that there appeared to be Retreat some confusion over the date of the retreat and Council agreed that this was so. Since a date could not be agreed on, Council instructed staff to concel the retreat set for December 2nd and to meet with Mayor Hopkins to set another date. Appreciation Affair Mayor Hopkins advised that he would like to set up some for Commissioners' type of appreciation affair for the people serving on the different commissions. The Council expressed approval and authorized same. Commerce Boulevard Councilman Roberts inquired about progress on the traffic Traffic Problem problem at Commerce Boulevard between Northbay Centre and Park Plaza Shopping Center. City Manager Callinan informed of the investigation into solutions to date and that a recommendation should be presented to the Council in the near future and that a median barrier would be installed to prevent left hand turn lanes into the most northerly Commerce Boulevard entrance into the Park Plaza Shopping Center. Medical Emergency Councilman Roberts asked about the possibility of acquiring Golf Cart a golf cart specially equipped to handle medical emergencies on the golf course, like heart attacks. City Manager Callinan indicated that staff would look into this and report back. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 9:00 p.m. 1 Deputy City Clerk Boorse M. HUDIS & ASSOCIATES /CONSULTING CIVIL ENGINEERS 2100 COUNTY CENTER DRIVE - SANTA ROSA, CALIFORNIA 95401 - TELEPHONE (707) 542.8795 November 27, 1978 STATEMENT OF ENGINEER OF WORK EXECUTIVE AVENUE ASSESSMENT DISTRICT The Executive Avenue Assessment District consists of the opening and construction of Executive Avenue easterly of Transport Avenue and further includes the construction of curbs, gutters, sidewalks, sewer, water and drainage facilities. The total amount to be assessed is $170,133.00 which includes all of the costs of improvements as well as the incidental costs consisting of engineering, fees of bond counsel, land acquisition, estimated bond discount of 10 percent, cost of bond printing, etc. Of this amount, $62,492.00 is being assessed to Parcel No. l and $107,000.00 being assessed to Parcel No. 2. These amounts were assessed individually to the two parcels on the basis of the benefits they will derive from the construction con- templated by the assessment district. Both of these parcels can only be developed as one single parcel as they now stand, whereas construction of Executive Avenue will allow Parcel No. 1 to be sub- divided into three parcels and Parcel No. 2 subdivided into five, parcels. The benefits were derived by assessing the cost of constructing the portion of Executive Avenue which is contained in the original ownership boundary of Parcel No. 1, to Parce -1 No. 1, and the portion of Executive Avenue which would be contained in the original owner- ship of Parcel No. 2 to Parcel No. 2. The Council should be aware that the written protest affects Parcel No. 1 which is 33 percent of the total area assessed.