1970/11/09 City Council Minutes (3)ROHNERT PARK CITY COUNCIL MINUTES
November 9, 1970
The Council of the City of Rohnert Park met this date in
adjourned session at 7:30 p.m. in the City Offices, 435
Southwest Boulevard, Rohnert Park with Mayor Smith pre-
siding.
Call to Order Mayor Smith called the meeting of the adjourned session to
order at approximately 7 :30 p.m.
Roll Call Present: (4) Councilmen Buchanan, Roberts, Rogers and
Smith
Late: (1) Councilman Hopkins, his time of arrival is
specifically noted in the minutes.
Staff Present a City Manager Call i.na.n, aigineer Rud e and
Bond Counsel Assaf
Project No. 1969 -1 The Mayor announced that this was the time and place set
for hearing on the Engineer's Report in the Snyder Lane,
Street Improvement Project No. 1969 -1.
The Clerk reported that due notice had been given by posting,
publication and mailing, all of which were evidenced by
affidavits on file in his office. The Mayor declared the
hearing open and City Manager Callinan reviewed the history
of the project to the present time.
Councilman Hopkins Councilman Hopkins arrived during City Manager Callinan's
Arrived review, the time being approximately 7:31 p.m.
The City Manager reported that the proceeding had been
initiated by petition of the property owners, the petition
being signed by the owners of more than 60% in area of all
of the properties to be assessed. He stated that the peti-
tion was on file in his office, together with the certifi-
cate of Milton Hudis, Engineer of Work, certifying as to
the adequacy of the petition.
Engineer Hudis was then called upon to make a presentation.
Engineer Hudis, by reference to the Assessment Diagram, a
copy of which was posted on the board, generally outlined
the boundaries of the District.
Engineer Hudis, again referring to the posted Assessment
Diagram, outlined the acquisitions and improvements to be
installed. He stated that property necessary for the
widening of Snyder Lane from East Cotati Avenue to Rohnert
Park Expressway and for the widening of the southerly one -
half of Southwest Boulevard, from Snyder Lane to Avenida
Cala, and from a point 200 feet, more or less, westerly of
Avenida Cala to Camino Colegio, would be acquired in the
project and that these streets would be improved by clear-
ing, grubbing, grading and the construction of base, pave-
ment, curbs, gutters, sidewalks, driveways, tree planting,
Page -•2- November 9, 1970
monuments, traffic striping, traffic signs, street signs,
berms, street lighting facilities, drainage facilities,
where required, including a bridge and /or box culvert at
Copeland Creek, sanitary sewer mains and appurtenances and
water mains, fire hydrants and appurtenances, where required~
He also pn%nted. nut that the project included the acquisi-
tion of capacity rights and a right of service and use in
a water main and appurtenances existing in Snyder Lane from
Southwest Boulevard to a point 30 feet northerly of Cope-
land Creek.
Engineer Hudis then explained his method of spreading the
assessment. He stated that the construction of street
improvements, water facilities and sewer facilities were
assessed on a front foot basis. Service connections were
assessed on a cost per each basis to those particular prop-
erties receiving the service and that the construction of
drainage facilities was spread on an area basis to those
parcels contributing.
Engineer Hudis stated that when the properties within the
proposed assessment district are improved as proposed in
these proceedings, the parcels of land would have available
new and improved streets, , sanitary sewer
and water facilities and storm drainage facilities. He
stated that the improvements would provide proper access,
drainage, street lighting, vehicular and pedestrian safety,
sewer and water facilities and proper traffic flow and cir-
culation to all parcels included in the District. He
stated that the installation of the improvements proposed
were necessary for the development of the land and were
those improvements that would be required on an individual
basis upon development of the properties in the event they
were not installed in these proceedings. All properties
were assessed for improvements which they normally would
have to install under existing city development ordinances.
In his opinion, any development of the properties within
the area of the assessment district would require exactly
the same improvements which were to be installed in the
proposed assessment proceedings. He stated that there were
serious problems in the area at the present time and that
the street, in its present condition, could not carry the
little traffic which was now using it and that, in his
opinion, the value and desirability of the parcels of land
in the proposed district depended upon the means of access
and the other items proposed to be installed. He stated
that, in his opinion, each parcel of land within the dis-
trict would receive an enhancement in value in excess of
the proposed assessment against it and that the amount of
the assessment against each parcel properly reflected the
benefits to be derived by each parcel and that the assess-
ment, in his opinion, was fair and equitable. He stated
that he would make one recommendation to the Council con-
cerning Assessment and Diagram No. 10 after consultation
Page -3- November 9, 1970
with bond counsel Assaf. He stated that this parcel of
property was a part of a larger parcel and that the amount
of property included had been arbitrarily set even though
the remaining portion benefited from the improvements and
that he would recommend that the entire parcel be included
within the proposed assessment district.
Bond Counsel Assaf pointed out that the recommendation of
the Engineer would not affect the total to be assessed
against this parcel. The amount of the assessment had been
determined upon the area of the entire parcel constituting
in excess of 40 acres and that because this property was
benefited, the remaining property should be included in the
assessment district, particularly inasmuch as the assess-
ment had included this remaining property. In essence, the
assessment for drainage which was based on an area basis,
included the entire 40+ acres, even though the assessment
parcel did not include all of this property. Because of
this, bond counsel Assaf stated that he would recommend to
the Council that a change in modification proceedings be
undertaken to include the additional property benefited.
Subject to the foregoing, Engineer Hudis stated that all
properties specially benefited had been included in the
proposed assessment district. He then reported that con-
struction bids had been received and were as follows:
Siri Inc. $3189100.00
Argonaut Constructors 327,826.70
A. Teichert & Son 328,733.85
O.C. Jones & Son 335,729.18
McGuire & Hester 3419000.00
Ghilotti Bros. 371,197.80
He pointed out that there was an error in addition in the
Ghilotti Bros. bid and that the total amount in the bid of
$367,197.80 should have been $3719197.80.
Discussion followed during which the inclusion of a bicycle
path for the project was mentioned. It was pointed out that
the City is going to include bike paths in all city streets
where feasible. It was reported that no bicycle path had
been included in the call for bids but that a change order
could be given to include one. The Council indicated that
it was in favor of including a bicycle path.
The Clerk was then asked whether there were any written
protests. City Manager Callinan reported that there were
two written protests filed with the Clerk and read in full
the letters of protest from Martin Stone of Monogram Indust-
ries and Mr. R. H. Pollard.
The letters of protest, having been read, the Mayor then
asked if there was anyone in the audience wishing to be
heard.
Page -4-
November 9, 19 70
Alan Fors-w+11 of .Sgnr;nma. C!am -mice f'n_, a.-n„ cared to nrn+n_O+ A-T_
plaining that since no immediate development was planned
for the area, his company could not afford the assessment.
He stated that his company realized the importance of the
improvement and that the improvement was necessary.
The company would favor the improvements if they had
immediate plans for the development of the property. How-
ever, he stated that at this time the company was opposed.
R. H. Pollard, who had filed a written protest, asked to
be heard. He stated that he was in fa.Vnr of the imprnve-
ment project when development of his property was closer
to rea.l.izati_nn, TTOWP.VP_.r. at this ti P. there were no immed-
iate plans for development and he felt that for economy rea-
sons he could not favor the project.
Mr. Harrison Comstock, attorney for the Benson Estate Trust,
appeared to protest the assessment district for financial
reasons. He stated that the trust had no funds with which
to pay the assessments and did not contemplate any develop-
ment of the property. He stated that, in fact, the trust
would like to sell the property and that any assessment on
the property at this time would be a financial burden to
the trust.
The Mayor then asked if there was anybody else wishing to
be heard. Attorney Assaf advised the Council that the
Engineer's Report, consisting of the maps and descriptions
of the lands and easements to be acquired, the plans and
specifications, and the Engineer's estimate of the total
costs and expenses for the project, the diagram of the
assessment, which were the subject of the hearing had been
on file with the City Clerk. There being no one further
t,rj at�iyng fn be hca.rd y Mayor Smith declared th-e- ptibl i c hear-
ing closed and asked bond counsel Assaf what the procedure
should be. Bond Counsel Assaf advised that all protests,
in order to be counted, should have been in writing, filed
with the Clerk, at or before the time set for hearing and
that, technically, oral protests should not be counted in
determining whether there was a majority protest. The Clerk
i of nVM=A +ha (!nnni l Fha.i i Yica } r.rn T.rni i F an vrni u±a i a nnnct i i
tuted less than a majority prdest. It was pointed out that
if the oral protests were added to the written protests,
then the owners of a majority of the area have protested the
assessment. A lengthly discussion followed concerning
whether or not the project should proceed or be abandoned.
The Council indicated that only limited development could
take place in the area if the improvement project did not
proceed, due to the poor condition of Snyder Vane as it now
exists and the inadvisability of any increased traffic. It
was also pointed out that the drainage.problems were going
to have to be resolved if the property were developed, but
especially to meet the requirements of flood control.
Resolution No. 70 -145
Page -5- November 9, 1970
Mr. Paul Golis urged that an effort be made to proceed with
the project so that development in the area could take place.
More discussion followed and it was determined to keep all
matters under consideration until December 14, 1970 and, in
the meantime, to proceed with a change in modification pro-
ceeding to add the additional property to Assessment and
Diagram No. 10 in accordance with the recommendation of the
Engineer of Work.
Bond counsel Assaf reported to the Council that the adoption
of two resolutions would be necessary in order to set this
in motions
A RESOLUTION AUTHORIZING FILING OF AMENDED BOUNDARY MAP
(Snyder Lane Street Improvement Project No. 1969 -1)
Bond Counsel Assaf summarized the resolution.
Councilman Rogers made a motion to waive the reading and
approve Resolution No. 70 -145. Said motion was seconded
by Councilman Buchanan. Discussion followed.
Councilman Buchanan Councilman Buchanan left the Council Chambers at this point
Leaves and Returns in the meeting, the time being approximately 8x23 p.m. and
returned at approximately 8 :25 P.M.
Resolution No. 70 -145 was adopted by the following roll
call vote:
AYES: (4) Councilmen Buchanan, Roberts, Rogers & Smith
NOES: (1) Councilman Hopkins
Resolution No. 70 -146 A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS
(Snyder Lane Street Improvement Project No. 1969 -1)
Bond Counsel Assaf summarized the resolution.
Upon motion of Councilman Rogers, seconded by Councilman
Buchanan, and unanimously approved, the reading of Resolu-
tion No. 70 -146 was waived and said resolution was adopted.
Upon motion of Councilman Buchanan, seconded by Councilman
Rogers, and unanimously approved, the Council decided to
keep all matters for Project 1969 -1 under consideration un-
til December 14, 1970.
Ambulance City Manager Callinan reviewed negotiations with the City
of Santa Rosa regarding the purchase of that city's surplus
ambulance advising that it could be purchased for $1,650
including all emergency equipment except resuscitator.
Discussion followed.
Upon motion of Councilman Buchanan, seconded by Councilman
Rogers, and unanimously approved, the purchase of the sur-
Page -6- November 9, 1970
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Pila l aluuu- Ltulut! .L.Uuw U11V V-L U,Y Ul OZ1,111,06 -"QU 3U9 de QU_U_. J..neCL ®y-
staff, was authorized.
Waste Water Treatment City Manager Callinan reviewed the need for an operator at
Plant Operator the Waste Water Treatment Plant. Discussion followed.
Upon motion of Councilman Rogers, seconded by Councilman
Roberts, and unanimously approved, the Classification Plan
and Job Description for Waste Water Treatment Plant Operator
was approved as submitted by staff and recruitment and
filling of the position was authorized.
Housing Authority City Manager Callinan brought to the attention of the Coun-
oil a communication from the County Board of Supervisors
regarding establishment of a County -wide Local Housing
Authority advising that an answer had been requested by
November 25.
Mr Jim Groom, 85 Scenic Avenue, Santa Rosa, was recognized
and reviewed the Santa Rosa Chamber of Commerce study of a
housing authority and advised against Rohnert Park partici-
pation in a Housing Authority stating that Rohnert Park has
done a better job on housing than any other city in Sonoma
County.
Action on the matter was deferred until the next regular
meeting.
PA"A mv+an 1 n�+ qnl no P+. 4- SV- v9 ,w 7 ; a LL A -4. _ -4., , U-a
..-- .- --�,,, _. Uy aA0,llage.L Ca'111na11 announced blalu CiV-n0UI:LLQV_LUTA 11Q,1A.
and Service Facility started on the new Ford Tractor Sales and Service facility
located on Mr. Groom's property just north of Hogan's
Surplus.
Mayor's and Council- City Manager Callinan reminded the Council of the Sonoma
xa
men's meeting County iYTayor's and Councilmen's Association meeting to be
held November 12, 1970 in Cloverdale.
Appointment to Councilman Rogers initiated a brief discussion regarding
Recreation Commis- the vacancy on the Recreation Commission.
sol
Upon motion of Councilman Rogers, seconded by Councilman
Roberts, and approved by the following roll call vote,
Mark Raymond was appointed to the Recreation Commission:
AYES: (4) Councilmen Buchanan, Hopkins, Roberts and
Rogers
NOES: (1) Mayor Smith
Mayor Smith stated hs no vote did not reflect on the ability
of Mark Raymond but the manner in which the matter was
handled.
Page -7-
November 9, 1970
Annexation No. 7 Mayor Smith reported that the Local Agency Formation Com-
mission approved A Annexation No. 7 subject to a master
plan being submitted to and approved by the City.
Adjournment There being no further business, the meeting was adjourned
at 9:05 P.M.
Deputy Ci Cle
APPROVED:
Mayor