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1989/10/24 City Council MinutesRohnert Park City Council Minutes October 24, 1989 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 Cochran presiding. The open regular session was preceded by a closed session which commenced at 5:00 p.m. 'foment of Silence A moment of silence was observed in respect of recent earthquake victims, and in particular for friend and neighbor Mr. James Flores, who was suspected to be on the I -880 freeway in Oakland during the earthquake. Fall to Order Mayor Cochran called the regular session to order at approximately 7:34 p.m. and led the pledge of allegiance. He advised that a special meeting /closed session commenced this evening at 5:00 p.m. to discuss personnel matters, litigation matters, and real estate negotiations and continued the closed sesstion at 7:00 p.m. He stated that the closed session would be concluded on litigation and personnel matters following tonight's Community Development Agency's Agenda. Roll Call Present: (5) Council members Eck, Hollingsworth, Hopkins, Spiro and Cochran Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planning Director Skanchy, Director of Administrative Services /Assistant to City Manager Netter, Assistant to the City Manager Leivo, and Public Safety Lieutenant Williams. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, the minutes of October 10, 1989 were approved as submitted. Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $1,049,246.84 were approved. Non - agendaed Items Mayor Cochran queried if any Council member had any non - agendaed items to add to the agenda. Councilman Hollingsworth and Council Member Spiro both stated that they had non - agendaed items to discuss. Mayor Cochran requested that non - agendaed items wait until after unscheduled public appearances. Unscheduled Public Mayor Cochran stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to make a comment may do so at this time. Rohnert Park City Council Minutes (2) October 24, 1989 Gerald Kohler, 371 Bonnie Court was recognized and stated that he was a resident and businessman in the community. He said that he would like to take a few minutes to express his concerns regarding the past several weeks in which the City Council has come under great criticism regarding the General Plan from the Sierra Club and a few of its representatives. Mr. Kohler continued to summarize the history of Rohnert Park and the way it was planned originally. He commented that he felt the City has done a fantastic job in its planning and providing services to its residents with its many community facilities, parks and other amenities for its citizens. He commented on how other agencies in our local area are envious of Rohnert Park for the number and quality of facilities that are provided to its citizens. Mr. Kohler commented that every citizen that he is in contact with takes pride in Rohnert Park as a community along with all the facilities that are provided for its residents that include its parks, schools, shopping centers, community centers, gymnasiums, swimming pools, etc. Mr. Kohler commented that the main thing that bothers him regarding the Sierra Club and them challenging the City with a lawsuit was that they are trying to force their views onto the City and its citizens. Mr. Kohler then suggested that the City go on with completing its General Plan update for the next five years in accordance with the law, then upon completion begin another process that would plan the City through the year 2020. He referenced this plan as "Rohnert Park 20/20 Vision" which would be the vision for the future of Rohnert Park to the year 2020. In addition Mr. Kohler suggested that some land be set aside within the City or its surrounding areas for a new mobile home park for its residents to purchase lots and be able to move their coaches on lots owned by its residents. This mobile home park could be self contained by providing its own small shopping center, beauty shop, barber shops, snack bars, etc. Mr. Kohler concluded his remarks by suggesting to Council that they consider his remarks as a proposal. Mayor Cochran thanked Mr. Kohler for his comments and said that Council appreciated the support. Councilman Eck said that he thought Mr. Kohler "s comments regarding "Rohnert Park 20/20 Vision" and its public participation as summarized by Mr. Kohler sounds like the way a General Plan should be developed. CONSENT CALENDAR Mayor Cochran queried if anyone had any questions regarding the matters on the consent calendar. There were no questions therefore the following items were presented for approval: Acknowledging the City Manager/Clerk's report on the posting of the agenda. Resolution No. RESOLUTION ACCEPTING PUBLIC IMPROVEMRNTS AND AUTHORIZING THE 89 -160 RELEASE OF SECURITY FOR CARRIAGE COURT SUBDIVISIONS NOS. 1 & 2 Rohnert Park City Council Minutes (3) October 24, 1989 . esolution No. A RESOLUTION AWARDING CONTRACT (Vehicle for City Engineer) 89 -161 Resolution No. A RESOLUTION AWARDING CONTRACT (Re- carpet Public Safety 89 -162 Northern Station) Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 89 -163 REJECTING THE CLAIM OF FLORENCE PELLEGRINI (c /o Robert W. Fitzgerald, Attny.) Receipt and acknowledgement of: 1. Sonoma County Grand Jury Interim Report, Oct. 1989 2. City of Santa Rosa's request for input on EIR /EIS for Santa Rosa Subregional Wastewater Reclamation Project Upon motion by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, the Consent Calendar as outlined on the meeting's .agenda was approved.. 1 111 y 1 Non- agendaed Items Council Member Spiro said that regarding assistance to earthquake victims the Exxon Station on Rohnert Park Expressway has volunteered to be used as a drop off point for non - perishables. City Manager Callinan said that one of the City's Public Works trucks could be used to deliver donations to Watsonville, and that arrangements could also be made with the Corporation Yard to be used as an overflow site to store the donations until delivered. A motion was made by Council Member Spiro, seconded by Councilman Hopkins, and unanimously approved, for a truck from Public Works to be used to deliver donations to Watsonville and to use the Corporation Yard site as an overflow drop off point if the Exxon Station needs additional space. Discussion followed regarding the financial crisis of several cities from the earthquake and that it would be appropriate to give some kind of financial assistance to Santa Cruz and Watsonville. Council concurred that Staff should inquire and find out what's the best way to help and that it may be necessary to call a special meeting regarding this matter. Council concluded that this would be a good time for staff to check up on the City's earthquake preparedness. City Manager commented on the recent drill the City conducted. Pedestrian Safety Peggy Wilson, representative of California State Automobile Citation Association (AAA) was recognized and stated that she was here tonight to extend congratulations to the City of Rohnert Park for winning a Pedestrian Safety Citation in the AAA Pedestrian Protection Program. She said that the City of Rohnert Park has had a year without a single pedestrian fatality and presented a plaque for this award to the Council. Ms. Wilson thanked the Council for the opportunity to make this presentation. Mayor Cochran accepted the award and expressed appreciation. Rohnert Park City Council Minutes (4) October 24, 1989 Aural for Men's Spa Nancy Teas, 538 Lamont Court was recognized and displayed the proposed mural for the spa in the men's locker room at the Sports Center. Discussion followed regarding the female figure on the mural and whether it added to the artistic theme of the mural. Nancy Teas, the artist, said she originally planned the art piece without the female figure and that she would accept it either way. Discussion followed. A motion was made by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, to approve the mural for the men's spa without the female figure. Mayor Cochran stated that for the record, Councilman Hollingsworth spoke up for equality regarding similar murals in both the men and women "s spas. 7ianning and Zoning Planning Director Skanchy referred to plans on the wall and file No. 1062 explained that Council had been provided with copies of Planning Staff Report dated September 28, 1989 and shared contents therein relative to File No. 1062 - Appeal of Planning Commission's approval of Mr. Ray Mackenzie 's application for use permit, site plan and architectural review for four (4) attached single family dwellings on a 18,245 sq. ft. parcel located on the north side of Parkway Drive 460 ft. east of Snyder Lane, west of and contiguous to the Redwood Park Estates condominium units. Planning Director Skanchy said that this matter went to the Planning Commission and was approved subject to the conditions in said Staff report and that Council had received copies of letters of appeal from residents on Parkway Drive who are homeowners whose property backs up to the Mackenzie property. He asked if Council had any questions. There were none. Mayor Cochran clarified that this was not a public hearing but asked if there were any in the audience who wished to speak regarding this matter at this time. Darryl Parkinson, 1373 Parkway Drive was recognized and expressed concerns regarding the necessity of the new development using the easement of the Redwood Park Estates entrance road, the size of the lots and the close proximity to Redwood Park Estates condominiums, and how residents and children would take advantage of the recreational facilities of the condo project without paying the necessary fees or abiding by the rules and regulations of the Redwood Park Estates Home Owners Association. Discussion followed regarding fairness to the property owner and the consideration of Redwood Park Estates purchasing said property, office building versus single family dwellings, the possibility of the new homeowners joining the Redwood Park Estates Homeowners' Association and whether or not this could be required. City Attorney Flitner responded that it would not be customary for adjacent properties to join another developer s a55ocidtion, that they could be asked to consider it, but it could not be required. Rohnert Park City Council Minutes (5) October 24, 1989 A motion was made by Councilman Hollingsworth, seconded by Council Member Spiro, to let the Planning Commission's approval of File No. 1062 stand. Councilman Hopkins said that he would like to add a friendly amendment to the motion of File No. 1062 to give Redwood Park Estates thirty days to work out a purchase. Discussion followed. Councilman Hopkins withdrew his friendly amendment on File No. 1062. Annette Maxwell, President of the Board of Directors of Redwood Park Estates, 1408 Parkway Drive was recognized and stated that the Board has discussed options regarding the attached single family homes, that they have spoken with Jimmie Rogers who is the developer, that apparently the office building is approved as the plans show, and that the Board feels that the duplexes would be preferred versus the offices. She said they have concerns about maintenance of the road way and children's safety, and that the new residents would use tennis courts and pools. She also stated that Mr. Rogers was willing to make arrangements for road repairs and suggested drafting a form with a package to the buyers that they have no rights on the Redwood Park Estates property. The Council acknowledged the cooperation of the developer, said there should be a calling for the question, and the Mayor called for the vote. Councilman Hollingsworth "s motion on File No. 1062 was approved by the following vote: AYES: (4) Hollingsworth, Hopkins, Spiro and Cochran NOES: (1) Eck ABSENT: (0) None Councilman Eck said that it would be a different situation if the new buyers could be required to participate in the Redwood Park Estates Homeowners" Association. Council Member Spiro said that a suggestion could be to give consideration to renting out part of the facility. File No. 1352 City Manager Callinan explained that Council Member Spiro had requested to call up for City Council review the Planning Commission's approval of File No. 1352 - Kelly Moore Paint Co.'s application for site plan and architectural review of building proposed at northeast corner of Rohnert Park Expressway and Labath Avenue. Discussion followed. Rohnert Park City Council Minutes (6) October 24, 1989 A motion was made by Councilman Eck, seconded by Council Member Spiro, and unanimously approved to set the review of File No. 1352 to be scheduled for November 14, 1989. Resolution No. A RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING CERTAIN PAY 89 -164 RATE AND RANGE COMMUNITY RESOURCE SPECIALIST Community Outreach City Manager Callinan explained that as Council had previously Services approved the Community Resource Specialist for the Community Outreach Service as outlined by Council Member Spiro, Staff prepared the job description and resolution for consideration. He said that Council had received copies of same. Discussion followed in which the need for the resource person was confirmed, responses to letters regarding the program, and the need for Council members to establish a committee. Council concurred that Council Member Spiro and Councilman Hopkins would be the Council committee for the Community Outreach Services. Upon motion by Councilman Hollingsworth, seconded by Council Member Spiro, and unanimously approved, Resolution No. 89 -164 City Manager said that he has been having discussion with representatives of the property owners, to wit: Condiotti Enterprises and YCS Investments in San Francisco. Proposed is the acquisition of approximately 4.6 acres from Debra Investment Corporation (Condiotti) and approximately 6.1 acres from R. P. Seventy -three Inc. (YCS Investments). Tentative agreement has been reached with Mr. Condiotti for approximately $90,000 per acre price for the land and we are ready to move ahead with the closing on that acquisition, thus the Deed on tonight's agenda will authorize the acquisition of the property from Debra Investment Corporation (Condiotti) and will authorize the acceptance of a deed from that firm. Discussion followed. was adopted. Resolution No. A RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY AND THE 89 -165 ACCEPTANCE OF A GRANT DEED FROM DEBRA INVESTMENT CORPORATION (M Neighborhood Public Facilities Site) "M" Neighborhood City Manager Callinan referred to plans on the wall, his Council Public Facilities meeting memo dated October 20, 1989, and explained the resolution Site for consideration regarding the "M" Neighborhood Public Facilities Site, that pursuant to previous discussions held with the City Council, Staff has been working on the acquisition of additional land for the public facility site in the area south of East Cotati Avenue. The City presently owns approximately 16 acres in the area, however, the School District has indicated an interest in acquiring approximately 10 acres for the development of an elementary school. Because of that it is the Staff's suggestion that the City acquire additional lands so that a large size recreation facility can be planned and eventually developed in the area. City Manager said that he has been having discussion with representatives of the property owners, to wit: Condiotti Enterprises and YCS Investments in San Francisco. Proposed is the acquisition of approximately 4.6 acres from Debra Investment Corporation (Condiotti) and approximately 6.1 acres from R. P. Seventy -three Inc. (YCS Investments). Tentative agreement has been reached with Mr. Condiotti for approximately $90,000 per acre price for the land and we are ready to move ahead with the closing on that acquisition, thus the Deed on tonight's agenda will authorize the acquisition of the property from Debra Investment Corporation (Condiotti) and will authorize the acceptance of a deed from that firm. Discussion followed. Rohnert Park City Council Minutes (7) October 24, 1989 Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, reading of the resolution was waived and Resolution No. 89 -165 was adopted. So.Co.Transportation City Manager Callinan stated Matters Thursday with the Sonoma Coui City Managers and Mayors met what they will recommend matters and that will be meeting on Thursday. that Mayor Cochran has a meeting this ,ty Transportation Committee, that the today and came to agreement regarding for Sonoma County Transportation presented at the above - mentioned Mayor Cochran stated that the Sonoma County Transportation Committee has been meeting on a weekly basis as to what can be put into a resolution to get support of the community, that the Committee is trying to think of different ways to have an accurate expenditure plan in order to limit the authority, and that he should be able to report back in a couple of months. Discussion followed regarding consideration of a growth management plan and expenditure plan, the risk of the initiative measure being defeated with no growth management plan included, and the recognition that some kind of growth management has to be in the plan to have the best chance for voter approval. General Plan Review City Manager Callinan explained the work that had been done on the survey for the General Plan that would be mailed tomorrow and received by residents on Friday. He said that the Town Meeting is set for Sunday, October 29th. He also referred to copies provided to Council of survey received today from Harvey Bell. Councilman Hopkins Councilman Hopkins left the council chamber at approximately leaves 8:46 p.m. Assistant to the City Manager Leivo said there was a delay in mailing the survey because materials were held up in San Francisco due to the earthquake. He said that Council had received copies of News Release dated October 23, 1989, an ad scheduled to run in the Clarion this Wednesday and Friday, as well as copies of his memo dated October 19, 1989 regarding the conduct of the Town Meeting and shared the contents therein. He said a training session has been scheduled for Staff members that will participate in the Town Meeting. Discussion followed in which it was confirmed that this Town Meeting is a public forum and that anyone who comes to it is entitled to speak at any point in the meeting. Input from the Town Meeting would be incorporated into the drafts to be further discussed by the public. Councilman Hopkins Councilman Hopkins returned to the council chamber at Returns approximately 8:50 p.m. Rohnert Park City Council Minutes (8) October 24, 1989 Mayor Cochran said that he was looking forward to the Town Meeting on Sunday and encouraged anyone who wants to attend to be thinking about what they want to contribute. He also said that he personally volunteered to the Redwood Chapter of the Sierra Club to come and talk before them and was told he was not welcome to come and speak to them because of the pending litigation. He said that he expected that they would be serious about entering into meaningful negotiations in the settlement conference in City Attorney Flitner "s office on Thursday. Benecia Recreation City Manager Callinan referred to site plans on the wall and Building explained that the Benecia Recreation building constructed by Condiotti Enterprises at the west end of Alicia Park is substantially complete, that there remains work to be done by the City to extend utilities to it regarding sewer, water, underground, electricity, gas, cable and television, and that the landscaping and parking lot should be reconstructed as has been discussed in the past. He said that staff is working with a contractor (Don Dowd Co.) to get the site work completed as soon as possible to beat the rains and that he would like to tour the building with each Council member as their schedules permit. He said that the building itself is a very nice addition and should accommodate quite satisfactorily the YMCA and Rohnert Park Soccer Club plus various Recreation Department activities. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Manager Callinan referred to Item No. 16 on the Communications list from the Mayors" and Councilmen's Association regarding the General Membership Meeting on November 2nd and asked which Council members planned to attend. Councilman Eck, Councilman Hopkins and Mayor Cochran each confirmed they would be attending this meeting. Mayor Cochran referred to Item No. 15 on the Communications List from the League of California Cities and stated that the Mayor and the Assistant to the City Manager Leivo would be attending the Cable Television Workshop in Anaheim on December 13th. Mayor Cochran referred to correspondence dated October 2nd, 1989 from the National League of Cities asking Council to submit a resolution proclaiming December 3rd - 9th as "National Cities Fight Back Against Drugs Week" and stated that this item would be put on the next agenda. Rohnert Park City Council Minutes (9) October 24, 1989 City Manager's Report: City Manager Callinan referred to the up- coming _mployee/ Employee/Commissioner's Appreciation Affair and said some feel the Commissioner "s groups are getting so large that it's not possible to have Appreciation Affair adequate recognition to the individuals involved. He referred to the Staff survey results in memo dated February 22, 1989 recommending separate affairs for volunteers and employees. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved to have separate appreciation affairs for Commission members and employees /volunteers. 'urban Forestry Grant City Manager Callinan explained that Council had been provided with copies of letter dated October 13, 1989 from the Department of Forestry and Fire Protection regarding the award of a grant to the City for $36,496 under the Proposition 70 Urban Forestry Grant Program for redwood trees on the expressway and stated that Assistant to the City Manager Leivo had processed the application for this grant. Assistant to the City Manager Leivo said that there were four parts to the project and listed the assigned locations of the trees, that the contract would be sent within a couple of weeks that the Council had previously authorized the City Manager to execute, that there was a sizeable number of grant applications, and that the funds were not expected to be available until January 1st, 1990 but that the City would be given 18 months to complete the project. Hewlett Packard Co. City Manager Callinan explained that Council had been provided Contribution for with copies of correspondence dated October 9, 1989 from Hewlett Traffic Signals Packard Company regarding its contribution of $70,000 for traffic signals on Petaluma Hill Road and shared the contents therein. Discussion followed confirming that the traffic signals should be installed by March of 1990. Recess Mayor Cochran declared a recess at approximately 9:00 p.m. Reconvene Mayor Cochran reconvened the Council meeting at approximately 9:10 P.M. Senior's Request for City Manager Callinan explained that copies had been provided to Utility Discounts Council of memo dated October 24, 1989 from Finance Director Harrow regarding Senior Citizen Discounts for Utility Service and shared the contents therein. Discussion followed regarding the need for City Attorney to address the legality of providing a discount program in general and how to develop provisions that would prevent people from Rohnert Park City Council Minutes (10) October 24, 1989 taking advantage of discounts, and in addition, checking into the possibility of providing a discount program to all low income families and not restricting it to just seniors. Also, Staff should report on the effect on the operating budget if this program is implemented and the affects on the utility reserves. Staff indicated the reason for the proposed program was due to letters and phone calls received since the last rate increase, mainly from seniors in single family homes. Council concurred to wait until City Attorney responds regarding the legality before proceeding further. Space Needs at City Manager Callinan explained that copies had been provided to City Hall Council of memo dated October 19, 1989 from Finance Director Harrow regarding available office space in the building directly to the east of City Hall on Avram Avenue. He reviewed the crowded space conditions at City Hall since the hiring of additional staff and asked Council to take a look at the possibility of renting the first floor of the above - mentioned building. Council concurred. YMCA Request for City Manager Callinan explained that copies had been provided to :7inancial Assistance Council of letter dated October 13, 1989 from the Sonoma County Family YMCA and shared the contents therein. Discussion followed regarding values taught by the YMCA that are not incorporated into the City programs and the need for Staff to formalize an agreement that would include commitments for the funds requested and enable Council to look at the proposal in a better context. A motion was made by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved for staff to formalize an agreement and program with YMCA for the use of the $50,000 commitment to enable Council to look at proposal in better context. Condiotti Bronze Bust City Manager Callinan said that due to the many developments by Condiotti Enterprises in the City and because of Art Condiotti "s contribution to the community, it might be appropriate to have him memorialized via a bronze bust placed in the new Benecia Recreation Building. A motion was made by Councilman Hopkins, seconded by Mayor Cochran, and unanimously approved to memorialize Art Condiotti via a bronze bust to be placed in the new Benecia Recreation Building. Rocking Expressway City Manager Callinan said that Staff is currently obtaining Median quotes for and will be placing rocks in Rohnert Park Expressway median which has no landscaping in that area at this time. Fussy Lawsuit City Manager Callinan said that regarding the Delores Fussy lawsuit, which was initiated a couple of years ago on the 4th of July, the City received release by a summary judgement. He said Rohnert Park City Council Minutes (11) October 24, 1989 that Delores Fussy has to pay costs according to Frank James, General Manager of REMIF in the amount of approximately $1200 for filing fees, Corporation costs, etc. but confirmed this does not entitle the City to attorney's fees. Earthquake City Manager Callinan said regarding the earthquake of last week that Public Works and Public Safety have been checking for damages at mobile home parks, etc., that some paint was spilled at the Corporation Yard, but the damages were very minor. He said that employees overtime amounted to approximately twenty (20) hours for the Public Works Department and twenty -six (26) hours for the Public Safety Department.... but that overall the City came through it relatively unscathed. Price Club Site City Manager Callinan referred to revised parcel map on the wall Parcel Map No. 123 for the Price Club and said that because of the dedication for the right -of -way the Price Club is trying to close escrow and recommended that the Council make a finding for an emergency agenda item and approve the slightly revised parcel map. Discussion followed in which City Attorney Flitner confirmed that Council has the right to give preliminary approvals as long as it's understood there's no development. A motion was made by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, to make a finding for an emergency agenda item regarding the Price Club's revised parcel map, that is that it was left off the agenda by oversight, and that the property owners are anxious to close escrow. A motion was made by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, to approve the Parcel Map No. 123. City Attorney's Report: City Attorney Flitner said that there would be discussion later Sierra Club Lawsuit this evening at the closed executive session regarding the Sierra Club's law suits and the temporary restraining orders that are blocking further construction. He said that the scheduled October 24th hearing on the Sierra Club's suit against the Price Club shopping center was postponed to be combined with the November 1st hearing on the Sierra Club's lawsuit against further development in the Northwest Rohnert Park project area. He said it would involve the adequacy of the General Plan and the EIR. KRCB -TV, Channel 22 City Attornery Flitner said that he talked with Channel 22 today regarding the request for land and that as a general rule a gift cannot be made of public funds, but that legislative bodies do have some discretion in diverting rent or forgiving leases for special circumstances so the matter would be referred to Council for such consideration. He explained further the complexities of statutory requirements and concluded that he did not see how the land could be given away because of statutory limitations. Rohnert Park City Council Minutes (12) October 24, 1989 Discussion followed regarding the desire to support Channel 22 but not in such a restricting way as land donation. Harold Boggs spoke from the audience and said that he understood that if a lease is at least five years longer than a loan obligation that it can provide adequate security to a lender. City Manager Callinan explained the rental benefit currently provided to Channel 22 from the sublease of land for a communication tower that was allowed of which the income to Channel 22 results in more than the T.V. station's rent to the City. A motion was made by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, not to donate land to Channel 22 or enter into any long term lease break, but to direct staff to assist in finding some method of financing for Channel 22. Discussion followed. Harris Lawsuit City Attorney Flitner said that City Manager Callinan"s deposition was taken on October 2nd regarding the Harris lawsuit. He saic that it seems the City has a chance of prevailing. He said that unless the Council tells him otherwise this case is on the trial calendar and will be carried over to the first of next year. He confirmed that the City is entitled to attorney's fees if it wins. Rent Control Lawsuit City Attorney Flitner said that the rent review matter has tentative court dates through the Rent -A -Judge program set for December 12 and 13 and will try to complete the court hearings in two days. The court hearings are scheduled at City Hall Council Chambers from 8:00 a.m. to 5:00 p.m. City Attorney also expressed concerns regarding the Hall case and vacancy decontrol. Discussion followed. Young Lawsuit City Attorney Flitner regarding the drainage e. the City had settled on like the other one -third Crane Lawsuit City Attorney Flitner being settled. referred to the Young case which was asement west of Snyder Lane and said that two - thirds of the property and it looks should close escrow this week. said that the Crane case is close to Wilfred Matter City Attorney Flitner said that one property acquisition in the Wilfred Avenue Interchange Area Assessment Disctrict is still pending. Matters from Council: Councilman Eck referred to copies provided to Council of memo R.P.Expressway West dated October 20, 1989 from Director of Public Works /City Engineer Brust regarding Rohnert Park Expressway West Project No. 1984 -21 and the involvement of the U.S. Corps of Engineers and said that the memo answered the questions he had regarding the matter. Rohnert Park City Council Minutes (13) October 24, 1989 Bike Paths Councilman Eck referred to Item No. 26 on tonight's communications list regarding bike paths and asked if the City is in violation regarding the width of the bike lane on East Cotati Avenue. City Manager Callinan said that the City is not in violation but there will be new striping painted in the area concerned and that staff has followed up on the inquiry. Cable TV Workshop City Manager Callinan explained that Council had been provided with copies of letter dated September 25, 1989 from League of California Cities regarding the Cable Television Workshop in Anaheim on December 13, 1989. City Manager Callinan explained that Council had been provided with copies of notice from Mayors" and Councilmen's Association regarding the General Membership Meeting in Cotati on Nov-2, 1989. City Manager Callinan explained that due to the earthquake the League of California Cities has postponed the Annual Conference that was scheduled from October 21 to 25, 1989. He said that information will be sent later by the League when the conference is rescheduled. Unscheduled Public Mayor Cochran asked if anyone in the audience wished to make an Appearances appearance at this time. No one responded. Adjournment There being no further business, Mayor Cochran adjourned the meeting at approximately 10:04 p.m. to a Closed Session to be held immediately following the meeting of the Community Development Agency of the City of Rohnert Park. Afr De Ci Clerk Mayor