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1973/01/02 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES January 2, 1973 The Council of the City of Rohnert Park met this date in regular session commencing at 7:45 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 City Manager Callinan and all Councilmen were presen-. : which was held to discuss a possible appointment to the Cultural Arts Commission and personnel matters. Call to order Mayor Roberts called the meeting of the regular session to order at approximately 7:45 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: City Manager Callinan, City Attorney Maxwell, and Planning Consultant Tom Cordill Invocation Rev. Harry Buerer of the Berean Baptist Church offered an invocation prayer for the new year. Approval of Bills Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $29,626.53 were approved. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any communication except as noted specifically in these minutes. Civil Disorder ' A brief discussion was held concerning the•'California Management Course Civil Disorder Management Course being sponsored by the California Council on Criminal Justice during the week of April 8, 1973. upon motion of CouncilHICLIA Idy Hopkins, and unanimously approved, any Councilman desiring to attend the Civil Disorder Management Course was authorized to do so. Councilman Hopkins indicated he would like to attend. Councilman Hopkins Councilman Hopkins left the Council table during the above Leaves and Returns discussion, the time being approximately 7:55 p.m. He returned at approximately 7:56 p.m. File No. 0264 City Manag ' er Callinan requested that scheduled action on Shapell Industries Ordinance No. 188, rezoning for Shapell Industries, be deferred to the next regular meeting until some details for the proposed development are worked out in writing with the developer and the Environmental Impact Statement Page -2 January 2, 1973 is acted on by the Planning Commission. Councilman Smith questioned City Attorney Maxwell concern- ing the appropriate time for a Councilman to speak on the Environmental Impact Statement for Shapell Industries since he had some concerns about the sufficiency of same. A brief discussion followed. City Attorney Maxwell responded that there was a provision in the resolution establishing procedures for "any .interested.person" to have a decision .of the Planning Commission o'n'an environmental impact matter appealed to the City'Council. Ordinance No. 189 AN ORDINANCE AMENDING ORDINANCE NO. 63, ZONING ORDINANCE (Zoning Map Change -- Codding Enterprises) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved by the following roll call vote, the reading of Ordinance No. 189 was waived and said ordinance was adopted: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith and Roberts NOES: (0) None Ordinance No. 190 AN ORDINANCE PROVIDING FOR PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF DWELLING UNITS AND COMMERCIAL BUILD- INGS, THE DEPOSIT OF SUCH FUNDS IN THE CAPITAL OUTLAY FUND, AND THE USE OF SUCH FEES FOR PUBLIC PARK, OPEN SPACE, AND RECREATIONAL PURPOSES, AND FOR THE CONSTRUCTION OF COMMUNITY FACILITIES City Manager Callinan reviewed the ordinance and advised that a policy resolution would be presented at the next regular meeting specifiying how the funds would be allocated; i.e., $75 for libraries, fire stations and like facilities;, $25 for a community stadium, and the .remainder for neighborhood parks. Upon motion of Council man Hopkins, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Ordinance No. 190 was waived and said ordinance was adopted: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith and Roberts NOES: (0) None File No. 0228 City Manager Callinan reviewed previous Council discussion Cotati Performance regarding the appearance of Cotati Performance Center and Center advised that Mr. Ewell Baker was present to discuss same with the Council. Mr. Baker was recognized.. He advised that he agreed the paved parking area was unsatisfactory, that he had not Page -3- January 2, 1973 accepted the work, and would see that it was redone as soon as weather permitted. Discussion followed with Mr. Baker regarding gutters, redwood facias for portions of the build- ing called for in the plans, and the exterior color of the building. Mr. Baker indicated he would cooperate in work- ing out a more attractive exterior for the building. Coun- cil indicated that Mr. Baker and city staff should work out solutions to the problems with the building. Mr. Pat Corrigan of Corrigan's Auto Parts in Cotati was recognized. He advised that his lease was expiring and he planned to move'ilnt- 0 thl -Cotati Performance Center's pre- El _LUJ.GS Wi4"1,, 4,1,0 sent Cotati location and hoped any udi.L.L.Lcu' L&I �LA new building could be taken care of expeditiously. Dis- cussion followed. File No. 0273 Planning Consultant Tom Cordill advised that the Codding Codding Enterprises Enterprises application for rezoning was a ten acre addi- tion to a zoning created approximately a year ago. He pointed out the location of the proposed rezoning on the General Plan map on display and explained the site plan for Rancho Verde Mobile Home Park on display. He reported that the Planning Commission had approved the use permit for the mobile home park with a list of conditions which had been agreed to by the developer, Roberts and Aguirre. He further advised that a public hearing on the Environ- mental Impact Statement would be held at the January 11 Planning Commission meeting. City Manager Callinan noted that a copy of the use permit conditions had been provided each Councilman. Mayor Roberts declared the public hearing open on the application of Codding Enterprises for rezoning an area, on the west side of U.S. 101 bounded on the north by Hinebaugh Creek and on the south by Rohnert Park Express- way to permit use as a mobile home park. City Manager Callinan advised that notice of the public hearing had been published in the local newpaper and mailed to property owners in the area of the rezoning. Mr. Lee Oberkamper of Gonzalez and Oberkamper, Civil Engineers of San Rafael, was recognized. He advised that Mr. Roberts�of Roberts & Aguirre, the mobile home park -1 Lil �1, Ueveloper, had indicated agreement with all e COnd it ions imposed by the Planning Commission. Mr. Oberkamper stated lie would be happy to answer any questions of the Councilmen, Mr. Glenn Durden, 1420 Southwest Boulevard, was recognized. He commented that he was neither speaking in favor of, or in opposition to, the rezoning, but wanted to remind that an eye should be kept on small parcels since they do add up, and not just on the large developments such as Shapell Industries. Page -6- January 2, 1973 City Manager Callinan noted that commission status for the Stadium Committee would necessitate the taking of formal minutes, mailing of agendas and other requirements for public bodies. City Attorney Maxwell.suggested that the Council acknow- ledge that the group. is performing a public service and recommended a policy resolution from the Council for the group. Council concurred and Mr. Maxwell advised he would have a policy resolution for consideration at the next regular meeting. School Matters Councilman Hopkins advised.that Cotati-Rohnert Park School Board Trustee Carbone and he had gone to Sacramento last week to obtain information regarding possible legislation pertaining to financing of schools in the Cotati-Rohnert Park area and had come back with some interesting ideas. He distributed a written report on the 'trip, a copy of which is attached to the original of these minutes. Beary-Smith Councilman Beary read a.letter dated January 2, 1973 addressed to Councilman * Smith. A copy of said letter is attached to the original of these minutes. Councilman Smith verbally responded to Mr. Beary's letter. Flores- Smith Councilman Flores read a staement dated January 2, 1973 a copy of which is attached to the original of these minutes. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Flores, and approved by the following roll call vote, a policy was adopted 1) that would prevent a city councilman from charging the taxpayers for a service while he is al- ready being compensated for said service; 2) that would prevent a councilman from charging expenses to the city except while acting as a representative of the City of Rohnert Park; 3) that would prevent a city councilman from charging mileage to the city for attending a council meeting: AYES: 4) 1 Councilmen Beary, Flores, Hopkins and Roberts NOES: (0) None ABSTAIN: (1) Councilman Smith Executive Sessions A lengthy discussion between the Councilmen followed con- cerning remarks made by Councilman Smith at the last meet- ing. City Attorney Maxwell Taas asked if there were any legal implications it a Councilman publicly discussed matters considered in executive session. Mr. M axwell responded that to publicly discuss what was discussed in executive session was morally wrong but did not know of any legal action designed to correct the situation. Page -7- January 2, 1973 I -urthev, discussion between the Councilmen took place rela- tive to; their ,remarks about each other. Stadium Project.. Councilman -1,3eary.advised:he was concerned about the lack of a response from the Chancellor's office on the stadium -project, and that he planned to write letters to Governor Reagan and other elected officials. He reported that the Stadium Fund Committee and the Rohnert Park Women's A z ssociation co-sponsored the New Year's Eve Dance and party, had received.many favorable commentson same, raised some funds for the Stadium Fund, and that more fund raising events would be held. County General Plan Councilman Smith noted that he had been invited to serve on the committee to implement the Open Space Plan of the County General Plan and had been so invited, primarily be- cause of his service on the, Local Agency Formation Commis- sion. Water System Councilman Smith initiated a brief discussion concerning a recent newspaper article that stated the last Rohnert Park well had been a failure. City Manager Callinan res- ponded that lie had not seen the article referred to, but assumed it had referred to the last Cotati well since there have been no well failures in Rohnert Park. Policy for City Councilman Smith initiated a discussion regarding a policy Representatives to guide representatives of the city in making appearances before other groups and requested City Attorney Maxwell to give some thought toward. drafting such a p6licy. A majority of the Council felt that commission and committee members of city bodies were chosen carefully and should have the freedometo speak as they see fit. Growth Policy Councilman Smith initiated a discussion regarding staging development of the community. The Council indicated no objection to preparation of a policy for review. Garbage Mayor Roberts complimented Melanie Cartier, city employee, on her handling of garbage complaints received by the Mayor as a result of holiday schedules for the Redwood Empire Disposal Company and confusion on -the part of the public. Tree Beautification Councilman Flores reported that the Tree Beautification Project Project is going well, that coupons 'Lox, trees would appear in The Clarion during the month of January, in the Sunday edition of the Press Democrat, and in the City Newsletter to be published soon. Population Estimate City I Manager. Callinan reported that a new official popula- tion estimate of 8,675 had been received from the State Department of Finance. Cotati-Rohnert Park Superintendent Jim Davidson, Cotati-Rohnert Park School School District District, made a presentation to the Council soliciting support for the March 6, 1973 school bond election*. Dis- cussion followed: Page -8- January 2, 1973 REsolution No. 73 -01 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL ENDORSING COTATI- ROHNERT PARK SCHOOL DISTRICT BOND ISSUE City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins., seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 73 -01 was waived and said resolution was adopted. Park Improvements City Manager Callinan reported that four sets of tables and benches had been installed in Alicia Park, bleachers are being finished, that some tables and benches will be installed in Benecia Park soon, and dirt will be moved to the El Colegio Park site and sprinkler system installa- tion started during the next few days. City Manager's Salary Councilman Flores reported that during executive session, after checking the Cost of Living Index and other informa- tion, it had been decided to give City Manager Callinan a 4% cost of living increase and a 1.5% merit increase in recognition of his excellent work. The matter will be scheduled on the next agenda for formal action. Real Property Transfer Councilman Hopkins suggested that consideration be given Tax to increasing the Real Property Transfer 'Fax at the next meeting. Acquiring Scenic City Attorney Maxwell advised he had been on vacation and Easement or would like more time to research the matter of acquiring Development Rights scenic easements or development rights. He indicated he would have a report by the first meeting in February. Business License Tax Councilman Flores reported that a member of the Rohnert Park Chamber of Commerce had contacted him concerning the Business License Tax and had been told that Councilmen Beary and Hopkins would be contacting him. Councilmen Beary and Hopkins acknowledged that this was correct. Planning Commission Planning Commission Chairman Goff appeared and asked Coun- cilman Smith if he had said, at the last Council meeting, that he, Mr. Goff, had a continuing conflict of interest. Councilman Smith replied in the negative. Adjournment There being no further business, Mayor Roberts adjourned the meeting at approximately 11000 p.m. LLD puty Ci. y C k APPROVED Mayor REPORT ON TRIP TO SACRAMENTO REGARDIUG DISTRICT LEGISLATIVE PROPOSAL BY: Mr. Anthony Carbone Councilman Warren Hopkins and Cotati-Rohnert Park School Trustee Tony Carbone visited various offices in Sacramento at the State Capitol Building. The trip took place Wednesday, December 279 and began with an appointment with Mr Bob Hamptong Senator Collier's Aidso Ek. Hampton discussed the legislative proposal presented to Senator Collier in Otto bar at the Carriage House. This pro- posal dealt with a State method of providing temporary educat- ional units to growing districts during the interim period re- quired to build new schools,, Mr. Hampton was very helpful in that he reviewed the proposal in depth and had explained to Mr. Hopkins and Mr® Carbone the steps Senator Collier's people were taking to seek a possible bill out of the idea. After the early morning aptiointment with Mr. Hamptong the office of Mr. John Vickerman, Legislative Analyist was visited. Mr. Vickerman presented them with the latest analysis of Senate Bill 90 on school financing. Mr. McDonald of the office of School Buildings was aware of Our school building project and advised us to go ahead with our mast- er planning of the school district so we can be in better shape to get the allocations from the state to build in Holiday Park,, the next programmed school site in the Cotati-Rohnert Park School District. Mr. McDonald also advised Mr. Carbone to request the cervices of the city planner in master planning the school district, MrA Hopkins felt the concept was good and would allow for a more efficiently planned school district. Mr. Carbone visited with K. Taylor from the office of School District Organization, Mr� Carbone also serves on the County Committee on School District Organization and felt the advice Mr. Taylor was able to give him relative to the problem of Pet- aluma and Santa Rosa School Districts having their Elementary School District controlled by High behool Districts, would be very helpful in reaching a nor satisfactory solution when the question comes up for that cokmittee to solve in the very near future,, -2- Report On Trip To Sacramento The combined trip to Sacramento was another step taken by the City Council of Rob-nert Park eaid the Cotati-Rohnert Park School District to work more closely in solving problems of growth as well as changing needs of the city and schools in a period of growth. Ilespectfully Submitted, vvat rjnen, 11—plUn 4.%u z" s L 0 Rohn t, Park Councilman Tony Carbone Cotati-Rohnert Park School Trustet Additional faetar 1. Councilman Smith attended ever 40 LAFCO meetings for which he was compensated $1000 for the same meatins he charged the taxpayers of Fohnert Park $11.50 per meeting for mileage plus additional expenses for meals. QUESTION OW CONCERN TO ME'.- 1• Is it tvuo you h&va tape recorded telephone conversations you have had with other councilmen? Armando A y2cres Councilman Jariaru ?, I q 7 3 Pub! ic Statement- At our last session, Councilman Smith made remarK-,, which not only incluM unsubstantiated al lew tions, but also discredited Me City Munctl and attacked our Personal integrity. f" d areatly disturbs me when statements are at- trthuted t0a ,significant land operator" or the equallp ambfqQui source Of "a Popular remark in the community". When Couocilyan Smith makes these statements he omjtL��. specific information for only one reason and that reason is the lack Of a factual basis for his statements, The do, however, serve the Purpose for which, they seem to be intended. it is my belief that Count; r, Smith has dedicated his efforts to discrediting the CUP Council. it is a?so my opinion that tkis mis- Mace• dedication can do irreparable damage to council vrojects and orograms. The negative effectp of OnunctImart Smith's statements perhans more than anythwq elp,;? foster the "public be damned attitude" thqt he attributes VO 4S. I was an ac t lve ra , t ic 1 pan t in commyn" tq af fat lCnQ before I beaame a member of the City Council. V; vnIleqques an! i_ are still qcttye in community orporams. Our concern for our community to not limited to ara to-ica 1 remarks, as is the case wt to CouncUmar, SOL tK, but inc? udes act >0 VOnrinn and nartictpr tion, I have been a member Of %PQ Committeeo and manp, oryurtZatinns and T can sneak wtta Personal knowledge Of dedicattnr and abilit,, 1 have nrofonnd respect for Mayor Roberti and CouneMen Beary and qopkjns Their commitment is nnt limited to Offical functions, Q is mu opinion that we cai no lonaer we /-t nOSMOn of Met tolerance win tKe actions of Qnunctl%an Smith, fl in recent action of 1041ging elemints 01 annyeryakinns conjuctel in expc4ti"e sonstOn can OVY s0rve to undermine the nrirlt of mutual trust ant 00-00pration whic& m 4 s t extpt c0uncll members, Cnwnciiman Smtth &an demonatrateq, b' .� � l; ,err . , t� r, � � i _ � � . � I . r� r7 �, t:. , ,. _ �7. _ .. .. 1, � �� 1 ., ... i ,� �, �.r _ ny., ., Councilman Park, City of Rohnert Park Rohnort Dear Councilman Smith; It is with much regret that I make the following meat and requests. You have been unable to come up with beneficial projects for the communityq andp worse yet, you have created obstacles ir an effort to thwart legitimate projects of other councilDen. Your roeent personal attack on one of our planning commissione at a public meeting instead of in a personnel session is a breaek of ethics In your office as city councilman, Your ekarges were also without substantiation, a fact that does much to cast doubt on your honesty and integrity. I Your inability and unwillingness to effectively work with your fellow man to make Roknert Park a better place to live is exceeded only by your arrogant "Holier than Thou" attitude toward Another Indication of your disdain for the taxpayers and citizens of Rohnert Park is your recent charge of $11.50 for travel money so ever your recent o s, of office., you have ,,. , • same four year period, collected 0 in expenses. Ex-councilman Jack Buchanan collected $266 in ex�_Pensea ever the save period of time. In reading • z.: local press, citizen fir. • get the impression that your voting record • 1, different mine--not set The only instance that comes to my mind is your vote to spend $37 a menth. for music in the city hall and my vote was against it. It appears to me that a thorough airing of council decisions and actions would be in order. I. for one, invite you or anyone interested to sit down and discuss my voting record as a council- man and my actions as a representative of the people of Rohnert Park. Based on the above documented facts., I formally request your resignation from the Rohnert Park City Council. In addition,, I request: 1. The city council adopt a policy that would prevent a city councilman m charging e taxpayers for service 'tiR acting he is already being compensated for said service. 2, The city council adopt a policy that would prevent a councilman from charging expenses to the city except while a • ' . >. of the City of Rohnort Park. 3o The eit-y council adopt a polley that would prevent a city councilman from charging mileage to the city for attendin a council meeting.