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.