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