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1972/08/21 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES August, 21, 1972 The Council of the City of Rohnert Park met this date in regular session commencing at 7:0.5 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Roberts presiding. The regular session was preceded by an execu- tive session which commenced at 7:00 p.m, and at which all Councilmen and City Manager Callinan were present and which was held to discuss personnel matters. Call to Order Mayor Roberts called the meeting of the regular session to order at approximately 7:05 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Beary, Flores, Hopkins, Smith and Roberts Absent: (0) None Staff Present for all or part of the meeting: Executive Session Approval of Bills Communications City Manager Callinan and Deputy City Attorney Cooper and Parks and Recreation Director Pekkain Mayor Roberts announced that an executive session had been held prior to the regular meeting to discuss the resigna- tion of a Cultural Arts Commissioner and the possibility of replacing Verna Slobodnik until she is able to return to work. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $54,859.38 were approved, Communications per the attached outline were brought to the attention of the Council. No action was taken on any com- munication except as noted specifically in these minutes. Cultural Arts Commis- Upon motion of Councilman Smith, seconded by Councilman sion and Citizen's Hopkins, and unanimously approved, oved, the resignation of Advisory Committee for Evelyn V. Ryan from the Cultural Arts-Commission was accept- Updating General Plan ed, and the resignation of Mrs. Scotty Wade from the Citi- zen's Advisory Committee for Updating-General Plan was accepted and staff directed to send a letter of apprecia- tion to each. Ordinance No. 181 AN ORDINANCE AMENDING TEXT OF ORDINANCE NO. 63 - ZONING ORDINANCE (Automotive Services Facility in M-L District) City Manager Callinan explained the ordinance. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved by the following Poll call vote, the reading of Ordinance No. 181 was waived and said ordinance was adopted: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith and Roberts NOES.' (0) None Page -2 August 21, 1972 Ordinance No. 182 AN ORDINANCE AMENDING ORDINANCE NO. 63 - (Zoning Map -- Martin Stone --- Snyder Lane) City Manager Ca17iInan'explained the ordinance. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Ordinance No. 182 was waived and said ordinance adopted: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith.and Roberts NOES: (0) None Ordinance No. 183 AN ORDINANCE'AMENDING ORDINANCE NO. 63 (Zoning Map -- Young America Homes and Qantas Development Corporation) City Manager Callinan explained the ordinance. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Ordinance No. 183 was waived and said ordinance was adopted: AYES: (5) Councilman Beary, Flores, Hopkins, Smith and Roberts NOES: (0) None Resolution No4.,72 -113 RESOLUTION DETERMINING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FROM PROPERTY TAXES TO SUPPORT THE CITY DEPARTMENTS AND PAY THE INDEBTEDNESS TO THE CITY FOR THE FISCAL YEAR 1972 -73 City Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 72 -113 was waived and said resolution was adopted. Resolution No. 72 -114 RESOLUTION FIXING THE RATE OF TAXES FOR THE FISCAL YEAR 1972 -73 FOR THE CITY OF ROHNERT PARK City Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, the reading of Resolution No. 72-114 was.waived and said resolution was adopted. Resolution No. 72 --115 A.RESOLUTI:ON CONSOLIDATING AND MODIFYING ASSESSMENT AND DIAGRAM NOS. 2 and 3 (Rohnert Park Expressway West, Project No. 1972 -7) City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 72 -.115 was waived and said resolution was adopted. Page -3- August 21, 1972 Resolution No. 72-116 RESOLUTION AUTHORIZING AND APPROVING AGREEMENT WITH THOMAS ­: CORDILL FOR CITY PLANNING SERVICES City Manager Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolu- tion No. 72-116 was waived and said resolution was adopted. File No. 0204 City Manager Callinan advised that the final map for Country Couniti-T Manor Sub- Manor Subdivision,, Unit No. 3� had been checked by Engineer division, Unit No.3 Hudis and is in order. Mr. Callinan reviewed the final map, pointing out some minor changes from the tentative map, and discussed the tot lot to be provided by Condiotti Enterprises, and requested and received permission to work out the location of same with the developer and the planner. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the final map for Country Manor Subdivision, Unit No. 3 was approved and the Mayor authorized to enter into an appropriate subdivision agree- ment before releasing the final map for recording. Mr. Taylor and Mr. Callinan explained that Mr. Taylor does not own the property over which the road would pass if built. Discussion followed after which Council indi- cated that Deputy City Attorney Cooper should remove the right of way requirement from the covenant. File No. 0146 City Manager,Callinan reviewed.'his memo to the Council Roberts & Aguirre- dated August 18, 1972 concerning the Rancho Feliz Mobile Rancho Feliz Mobile Home Park. Home Park Councilman Smith stated for the record that he hopes Mr. Condiotti will see fit to'cooperate fully with the school district for needed funds.' File No. 0175 City Manager Callinan reviewed his memo to the Council McDouall Apartments dated August 189 1972 concerning provisions in the proposed Proposed Covenant re covenant from McDouall Enterprises. Roadway Mr. Pat Taylor, 488 Alta Avenue, was recognized. Councilman Beary stated for the record he would abstain from discussion and voting on this matter since he had entered into a contract with Rapp Construction, contractor for McDouall Apartments. Mr. Taylor requested the C ouncil to consider reducing the ' rn;nrjy.7;;u, f-onm tom to five years term of the cov t for - - - -- _ - --- -- I stating it would be difficult to sell the property with this cloud on the title. Discussion followed after which the Council indicated the ten year period would be retained, subject to review at the end of five years and with the understanding that the applicant could approach the Council at any time that changed circumstances would affect the need for the road. Mr. Taylor and Mr. Callinan explained that Mr. Taylor does not own the property over which the road would pass if built. Discussion followed after which Council indi- cated that Deputy City Attorney Cooper should remove the right of way requirement from the covenant. File No. 0146 City Manager,Callinan reviewed.'his memo to the Council Roberts & Aguirre- dated August 18, 1972 concerning the Rancho Feliz Mobile Rancho Feliz Mobile Home Park. Home Park Page -4- August 21, 1972 Mr. Bill Phillips representing Roberts & Aguirre appeared before the Council to discuss complaints and matters re- lating to Rancho Feliz Mobile Home Park. He explain ed that some of the maintenance does need improvement and assist- ant managers had been hired to help with the maintenance. He further explained that construction of the second phase creates dust and-noise with trucks going in and out but hoped this work would be finished by September 1. Mr. Phillips advised that 104 spaces were occupied by families. He estimated there were two children per family. He reported that there would be a total of 300 spaces when developm ent is complete and 30% family residency is based on that figure and would be complied with. A brief discus- sion followed concerning the FHA financing requirement that 30% of the spaces be made available to families with child- ren. Mr. Phillips advised that FHA financing was not ulti- mately used b,ut approval for the FHA financing was within a week or so of finalization when the money market shifted and private financing was more advantageous. Discussion followed with Mr. Phillips regarding financial assistance for school facilities. Mr. Phillips indicated his firm was willing to discuss paying a fee for school facilities, recognizing the burden that would be placed on the schools if the mobile home park were opened 100% to families with children. In response to questioning, Mr. Phillips advised that approxi- mately six mobile coaches in the park are rented. The Council thanked Mr. Phillips for his appearance. Project No. 1972 -8 City Manager Callinan explained that county participation Snyder Lane, E.Cotati in the cost'of Project No. 1972 -8 looked favorable but Avenue to Southwest the matter should be deferred until the County Budget is Boulevard adopted on August 29. City-School Matters City Manager Callinan read a letter from Cotati School Dist - rict Superintendent Davidson dated August 14, 1972 and the resolution adopted by the Cotati School District which con- cerned a contribution by developers of $75 per single family dwelling for school facilities. Ile advised that a copy of said resolution had been furnished to the City Attorney for review and the material brought back by Councilman Beary from the City of San Diego concerning schools had been pro- vided to Mr. Davidson. Deputy City Attorney Cooper advised that the city should not become involved in exacting a fee from developers for schools nor use any city fu nds for school construction because this area had been pre - empted by the State. He commented that if the school district cannot handle the children that would be generated by a proposed subdivision then the district can disapprove the tentative map :for the subdivision. Page -5- August 21, 1972 City Manager Callinan clarified that the $75 fee would be collected by the school board then released to the city. Deputy City Attorney Cooper stated he would have no objec- tion to that.procedure. Discussion followed. Councilman Beary requested School Board Member Carbone to come to -the podium for the purpose of answering questions of the Council. Discussion followed, with Mr. Carbone par- ticipating, concerning available funds, differentiation of operating funds and building funds, use of portable class- rooms and cost of same. It was pointed out that two subdivisions had been approved recently and the only comment received from the school district was "No objection7°. Mr. Carbone indicated that comment applied to the site location, not the ability of the district to house students. A lengthy general dis- cussion followed with Cotati School Trustees Maurice Fred- ericks, Andrew Camozzi as well as Trustee Tony Carbone ,participat-ing , Deputy City Attorney Cooper suggested a resolution stating the city would give substantial weight to the school dis- trict's analysis of the impact.of a proposed development on the quality of education in the city. A lengthy discus- sion followed on policies that should be included in such a resolution. Deputy City Attorney Cooper suggested a resolution that would specifiy that all tentative maps be referred to the school districts for written analysis of the impact on _ schools and the City would give substantial weight to the recommendation of the school districts on whether or not students could be`accommodated from the proposed develop- ment, and that subdivisions already approved would not be subject to re- evaluation. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, Deputy City Attorney Cooper was directed to draft a resolution as outlined. A brief discussion followed with Mr. Jack Anderson and Cotati School District Trustee Cloria Garrett participating. Councilman Beary requested that the City Manager make an appointment for Mr. Beary , and any other Councilman who could attend, with elected officials in Sacramento to dis- cuss school financing.. Mrs, William Russell was recognized and noted that Waldo Rohnert PTA had sent petitions, telegrams and letters to Sacramento and there still was no action. Boys Baseball Program Mr. Ron Fiori appeared before the Council, commenting that Request for Portable he had talked to several coaches and parents affiliated Fence :br Alicia Park with the Boys Baseball Program about a portable fence for Alicia Park, had appeared before the Parks and Recreation Page -6- August 21, 1972 Commission regarding the fence and the Commission had recommended approval for said fence, and was now appearing before the Council requesting approval for same. Discus- sion followed regarding size, material, cost, ease of move- ment, and the amount of park area necessary for the fence. Recreation Director Pekkain was present and participated in the discussion. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following voice vote, the Boys Baseball Program request for a portable fence for Alicia Park was approved: AYES: (4) Councilman Beary, Flores, Hopkins, and Robert NOES: (1) Councilman Smith Councilman Smith stated for the record he voted no because he would like to know more about the material for the fence, how it would be moved, and who would move it. Bus Service Councilman Smith initiated a brief discussion regarding bus service and requested that one more letter be sent to the Golden Gate Bridge District regarding improved bus service for Rohnert Park. City Manager Callinan advised that he had discussed the matter with Director Bill Lucius, had written a letter, and had received a telephone response this date from Director Lucius who had indicated that negotiations and positioning for SB 325 funds are creating problems. Golf Course Snack Councilman Flores initiated a brief discussion concerning Bar complaints he had received about high prices at the Golf Course Snack Bar. City Manager Callinan indicated he would discuss the matter with Golf Pro Bill Ross. Car Wash on South- Councilman Flores initiated a brief discussion concerning west Boulevard the atrocious change of color to blue -green of the car wash on Southwest Boulevard. Council indicated the matter should. be referred to the Planning Commission for architectural review. Auto Allowance for City Manager Callinan reviewed his memo to the Council Director of Parks 6 dated August 18, 1972 concerning an auto allowance for Jim Recreation Pekkain Pekkain. A brief discussion followed. Upon motion of Council min Flores, seconded by Councilman Hopkins and unanimously approved, an auto allowance of $25 per month was approved for Director of Parks and Recreation Pekkain. Note Payable to City Manager Callihan reviewed his memo to the Council Rohnerts dated August 18, 1972 concerning the long standing note payable to the Rohnerts. A brief discussion followed dur- ing which Mr. Callinan advised that the principal and in- terest due on the note amounted to $14,587 Upon motion of Councilman Hopkins, seconded by Councilman Page -7- August 219 1972 Flores, and approved by the following voice vote, staff was authorized to pay the note payable to the Rohnerts in its entirety: AYES: (4) Councilmen Beary, Flores, Hopkins, and Roberts NOES: (1) Councilman Smith Councilman Smith stated for the record that he was reluc- tant to approve payment of the note because he recalled Council discussion concerning legality of the note and did not feel sure in his mind about the matter,. Accounting Help City Manager Callinan advised that accounting help was needed during the absence of Mrs. Verna Slobodnik due to the death of her husband and requested approval to employ someone from the firm of Touche Ross. Discussion followed regarding a possible conflict of interest in employing someone from the city's auditing firm. Council indicated approval to hire additional account- ing help during Mrs. Slobodnik's absence but from a firm other than Touche Ross. Emergency Leave A brief discussion was held regarding the use of sick leave in cases of family emergency and/or bereavement. Council authorized the City Manager to make.determinations in emergencies concerning leaves and to determine what is an emergency. City Manager's City Manager Callinan advised that he was going to try and Absence take a few days vacation and requested approval of his appointment of R. M. Albright to serve as City Manager Pro-Tempore during his absence. Upon motion of Council man Flores, seconded by Councilman Beary, and unanimously approved, R. M. Albright was approved as City Manager Pro-Tempore as requested during Mr. Calli- nan's vacation absence. City Manager's New City Manager Callinan announced that he had become a grand- - -- - grand- Grns- 2-ado. LCLItV LIL5 uate for the second time with the birth of a grandson. Former Councilman Mayor Roberts recognized Dale Foust, former, Councilman, in Foust the audience and welcomed him to the meeting. Adjournment There being no further business, Mayor Roberts adjourned the meeting at approximately 9:57 p.m. APPROVED: De uty-Ci y Cler*/ Mayor