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1973/01/15 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES January 15, 1973 The Council of the City of Rohnert Park met this date in regular session commencing at 7;55 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 were present, and which was held to discuss per- sonnel matters. Call to Order Mayor Roberts called the meeting of the regular session to order at approximately 7:55 p.m. and led the pledge of allegiance. Executive Session Mayor Roberts announced that an executive session had been held prior to the regular meeting to discuss personnel matters. 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, Engineer Hudis, Director of Public Safety Dennett, and Director of Parks.and Recreation Pekkain. Approval of Minutes Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the minutes of December 18 and January .2 were approved as submitted. 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 $31,215.90 were approved. Communications Communications per the attached outline were brought to the attention of the Councils No action was taken on any com- munication except as noted specifically in these minutes. At the request of the Council, City Manager Callinan read t'L_ 1.__ - l! —___] ! 1_ - KT_'1___ m___.i..a.___ LddC 1Cll�l' Ll'Ul11 r1l'. A_LU11dL'U SCU LII1:LCi1S011 Q1 1UUeL'- 14'0L -Le Y'— Orlob and Associates dated January 10, 1973 giving the status of project report being prepared for the interceptor to be constructed to the Laguna Treatment Plant. Cultural Arts. Commis- Mrs. Dorothy Schmidt, Chairman of the Cultural Arts Commis- sion sion was recognized. She presented plaques to past chair- men Ginger Ryan and Armando Flores as a small token of appreciation` for their many hours'of service to the commun- ity. Mrs. Ryan and Mr. Flores responded with thanks and appreciation. File No. 0254 City Manager Callihan reviewed previous Council action on Shapell Industries the Shapell Industries rezoning application and advised that a letter outlining the conditions and obligations of Ordinance No. 188 Page. -2- January 15, 1973 the developers had been executed by Jimmie Rogers on behalf of the property owners. Mr. Rogers was recognized, and participated in the discussion that followed. City Manager Callinan read the letter dated January 15, 1973 setting forth the conditions and obligations for developers of the property in the Shapell rezoning. A lengthy discus - sion followed: with Mr. Rogers participating concerning loca- tion and acquisition of.,park sites and the per acre price for same, and other general matters. In response to a ques- tion from the Council, Mr. Rogers stated that $7,500 per acre is the current sales price.of the land. The site plan identified as "Golf and Country Club Village91 was on display and was referred.to during the above discus- sion. Councilman Smith made a motion, seconded by Councilman Beary, to have the Shapell Industries Environmental Impact Statement reviewed by the Council prior to the rezoning action with the Planning Commission action on the E.I.S. to be in the form of a recommendation to the Council, due to the size and scope of the development. Discussion followed, with Mr. Rogers participating. Councilman Beary withdrew his second to the above motion. City Manager Callinan outlined various procedures that could be followed in considering the development. Further discus - sion followed with Mr. Rogers participating. Councilman Smith's motion died for lack of a second. ORDINANCE AMENDING ORDINANCE NO. 63, ZONING ORDINANCE (Zoning Map Change- Shapell Industries, File No. 0254) City Manager Callinan explained the ordinance. Upon motion .of Councilman Hopkins,.seconded by Councilman Beary, and approved by the following roll call vote, the reading of Ordinance No. 188 was waived and said Ordinance was adopted. AYES: (4) Councilmen Beary, Flores, Hopkins, and Roberts NOES: (1) Councilman Smith Councilman Smith stated for -the record that he did not feel he_could fully .evaluate the matter without seeing the Envi- ronmental Impact`Report and that the zoning action should follow consideration of the Environmental Impact Report. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Plgrbs" and unanimously approved, the Council will review the:Environmental Impact Report for.Shapell Industries and Page -3- 0 January 15, :1973 tentative maps approved by the Planning Commission in the area of the rezoning will be subject to Council approval of the Environmental Impact Reports. Mr. Richard Day, 7605 Beth Court, was recognized. He asked for clarification of the motion and Council discussion. Discussion followed with Mr. Day and Mr. Rogers participat- ing. File No. 0273 City Manager Callinan reviewed previous Council action on Codding Enterprises Codding Enterprises proposed mobile home park development. Cvuiiciliiidil Beary made a motion to have the Council review the proposed development again prior to issuance of the use permit since he was concerned about the 30% allowance of children in the mobile,home park. Discussion followed regarding busing of children-to school with Mrs. Gloria Garrett, Cotati-Rohnert Park School District Trustee, parti- cipating. Staff advised that the Planning Commission had already approved the use permit for the proposed mobile home park development. Councilman Beary withdrew his motion. Councilman Beary made a motion to eliminate the provision for 30% children in the mobile home park and make it an adult park. Mr. Bob Roberts of Roberts and Aguirre was recognized. He noted that the Council had recently approved another mobile home park with 100% Qhildren,and from its location it appear- ed those children would have,to be bused to school. He commented fie did not ,believe -the Council had the legisla- tive right to deny children in his firm's proposed develop- ment with another mobile home park being allowed 100%, children and that he could see no justification for the differentiation. Discussion followed concerning methods of -taxation for mobile home parks with Mr. Roberts participating. Mr. Bill Smith of Codding Enterprises was recognized. He reviewed his firm's support and efforts to have the northern area of the city transferred from the Santa Rosa/Bellevue School Districts to the Cotati-Rohnert Park/Petaluma School Districts and commented that even though children in the pro- posed mobile home development would have to be bused, this development had been the catalyst for changing the school district boundaries. Discussion followed regarding the necessity of busing in most of the new developm ents until schools could be built and the suggestion made that perhaps a school site should be Selected on the west side of the freeway. Page 4. January 15, 1973 Councilman Beary's motion died for lack of a second. Ordinance No. 191 ORDINANCE AMENDING ORDINANCE NO. 63, ZONING ORDINANCE (Zoning Map Change-Codding Enterprises, File No. 0273) City Manager Callinan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Smith, and approved by the following roll call vote, the reading of Ordinance No. 191 was waived and said ordinance was adopted: AYES: (3) Councilmen Flores, Hopkins, and Smith NOES: (2) Beary and Roberts Recess Mayor Roberts declared a recess at this point in the meeting, the time being approximately 9:10 p.m. Reconvene Mayor Roberts reconvened the meeting with all Councilmen present at approximately 9:20 p.m. Resolution No. 73-02 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE OF COMPLETION (Well No. 8, Project No. 1972-4) City Manager Callinan explained the resolution. In response to a question from the Council, Engineer Hudis discussed the iron content of the water from well No. 8 and the affects of same. Upon motion•of Counclli-,ian Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution No. 73"02 was waived and said resolution was adopted. Resolution No. 73-03 RESOLUTION ESTABLISHING SALARY FOR CITY MANAGER City Manager Callinan explained the resolution. Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 73-03 was waived and said resolution was adopted. Resolution No. 73-04 RESOLUTION OF,THE CITY COUNCIL OF ROHNERT PARK ACKNOWLEDGING CITIZENS FOR STADIUM COMMITTEE City Manager Callinan read the resolution. Discussion followed. Upon motion of Councilman Flores, seconded by Councilman Beary,and approved by the following voice vote, Resolution No. 73 -04 was adopted:. AYES: (4) Councilmen.Beary, Flores, Hopkins and 'Roberts Page 5 January 15, 1973 NOES,:. (1) Councilman Smith The Council agreed.that the citizen's names to he inserted in the resolution would be those provided by Councilmen and approved by the Mayor. Stadium Project City. Manager Callinan reported that he had telephoned Harry Harmon, Vice Chancellor for Physical Planning and Development for the State Colleges System and Mr. Harmon had indicated that a complexity of matters is involved for the city to take over the college stadium facility. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, staff was directed to pursue the possibility of obtaining a lease with the collegE at the local level and explore.the possibility of Petaluma High School District participating in the cost of improvements, as well as the City of Cotati. Resolution No. 73-05 RESOLUTION OUTLINING POLICY CONCERNING USE OF FEES DL SITED IN CAPITAL OUTLAY FUND City Manager Callinan read the resolution. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 73-05 was adopted. File No. 0228 City Manager Callinan advised that Mr. Bwell Baker, Cotati Performance Planning Director Paul Skanchy, and he had visited the Center job site of Cotati Performance Center to review the appearance of same. He referred to his letter to Mr. Baker subsequent to the site visit. He reported that Mr. Baker indicated willingness to co-operate with suggested improvements except for -the exterior color of the building. He explained that the existing color is the color the ,tenant wants and was the color shown on the approved plans, but if it becomes an issue he will change it. File No. 0119 City Manager Callinan advised that alleged problems with Companeros Mobile the creek right of way adjacent to Companeros Mobile Home Home Park Park are still being reviewed. Project No. 1972-9 City Manager Callinan advised that the developers in the Country Club Drive area of Project No. 1972-9 had indicated they probably will go. ahead with the project without assessment proceed- ings and he may be coming back to the Council to have the assessment proceedings formally abandoned. He further advised he had indicated to the developers that the Country Club Drive bridge at Hinebaugh Creek included in the project will probably cost more than $50,000 which is all the city has budgeted for said bridge, and that the developers will have to pay anything over that amount. Page 6 January 15, 1973 Director of Public In response to'Council request, Director of Public Safety re Juvenile Safety Dennett was present to discuss matters regarding and Social Problems juvenile and social problems and possible programs to minimize same. He advised that there had been 7200 cases handled during 1971 and nearly 10,000 during 1972, but no significant increase in felonies had been experienced as a result of increased population. He commented that the junior high school age group seems to give -the most problems. He noted that one officer had been off a considerable length of time due to injury but was now back and the Pedestrian Safety Officer could return to the schools with the Officer Bill program. He reported that the radar traffic enforcement is working well with more violations being given but no complaints being received. He advised that the new Public Safety Building was working out extremely well. The Council commended the officers who had donated time to improve the interior of the building. Chief Dennett reported that recently Officer Park had br- oke-open a case which lead to recovery of approximately 15 bicycles and had leads for approximately 20 more. He noted that approximately 1500 bicycles were licensed last year. Director of Parks and Director of Parks and Recreation Pekkain was also present Recreation Pekkain to discuss and answer questions regarding any social problems. He advised that most problems are experienced with the junior high age group, but generally it is not a severe problem. He reported that the new walks are working out well at the Community Center and are being used. Discussion followed concerning the playground program and the possibility of expanding it to after school and weekends. Council directed Mr. Pekkain to set up a pilot playground program for the months of April., May and June and report back on same. Stadium Project Councilman Beary reported that the Stadium Fund Committee was working to coordinate additional fund raising pro- jects; the Lions Club had been approached concerning a joint fund raising project which looked promising; and there were also plans to contact the City of Cotati and residents in the'Rancho Cotate High School attendance area to solicit aid. Charter Law/General 'Councilman Beary initiated a discussion regarding the Law Cities possibility of becoming a Charter Law city. City Manager. Callinan briefly outlined some advantages and disadvantages Page 7. January 15, 1973 of both type cities and advised that the League of California Cities had a booklet giving more detailed information. It was decided to order a copy of said report for each Councilman. :City Attorney Maxwell advised that there is very little difference today between Charter Law and General Law cities. He noted that.the only tax Charter Law cities can levy which General Law cities cannot is the utility -tax and he.feels confident that the State Legislature will make that provision statewide or prohibit charter cities from continuing it. It was agreed that the matter would be placed on a future agenda for further discussion after the Councilmen receive the Leagues booklet, Mini-Bus Service Mayor Roberts initiated a discussion regarding the possible establishment of a mini-bus service in the Cotati- Rohnert Park-college area. Ile noted that many requests had been received over the years for such a service. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, a financial feasibility study by staff for a mini-bus service was authorized. Portable Buildings Mayor Roberts initiated a discussion regarding the for Recreational Use increasing shortage of recreational.building space for group use and suggested the possibility of the city purchasing portable buildings that could be loaned to the school district which.would.be returned to the city after a year or so to be used for recreational buildings. Cotati-Rohnert Park SchoolDistrict Superintendent Davidson was present and in response to Council questioning advised he would like to see the idea pursued, but was not in a position to give a yes or.no answer. Discussion. followed with Elementary School Trustees Camozzi, Garrett, and Carbone participating. City Manager Callinan indicated he would check on the availability of portables in the Northern California area. Council Participation A brief discussion was held concerning Council participa- in Retirement System tion in the retirement system. City Manager Callinan explained the procedures necessary to initiateparticipa- t4^". Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, staff was directed to undertake the necessary proceedings to bring Council participation in the retirement system before the Council for consideration, Entrance Road from Councilman Beary initiated a brief discussion regarding Cotati the condition of Commerce Boulevard in Cotati and his disappointment over the repair work done by Cotati. City Manager Callinan advised that the striping was not yet done, but weather conditions had probably slowed the improvement of the road. , W3.-T= January 15, 1973 Deer Meadow Village Councilman Beary asked the current status of Deer Meadow File No. 0143 Village. City Manager Callinan responded that the development had been released by the bankruptcy court and he had been contacted by the engineering firm for the development which anticipated coming before the Planning 'Commission for approval of 75 units to be completed this summer. Parkway Marine Councilman Beary asked the status of the Parkway Marine File No. 0210 facility. City Manager Callinan responded, that he did not know, but it appeared to be closed. Solicitations in Councilman Flores reported he had received complaints Rohnert Park concerning out of town groups conducting fund raising activities in Rohnert Park to the detriment of Rohnert Park groups. Discussion followed. City Manager Callinan indicated City Attorney Maxwell and he would check the existing ordinance covering solicitors and if it corers the situation a policy resolution to handle the matter would be presented for consideration. Town Meeting Councilman Flores initiated a discussion concerning the possibility of bolding a town meeting at which the Council would not act on official business but merely discuss problems of concern with citizens. February 12 was suggested as a date for said meeting. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, a town meeting will. he held. Sonoma County General Mayor.Roberts read a letter received by him requesting Plan Citizens' Committee that a representative of the Council participate in the Citizens Advisory Committee on Open Space, Conservation and Recreation for Sonoma County's General Plan. A brief discussion followed. Mayor Roberts indicated he would try to attend the next meeting to be held on January 24. Business License Fees Councilman Beary reported that Councilman Hopkins and he had met with Rohnert Park Chamber of Commerce represent - atives regarding increasing Business license fees and will he meeting again this week. Revenue Sharing City Manager Callinan reported that the second Federal Revenue Sharing check for 1972 in the amount of $26,676 had been received. Meeting with College City Manager Callinan reminded the Council of the Officials meeting with Cal State Sonoma College officials scheduled. -for, February 26... City of Avalon City Manager Callinan reported that City of Avalon offices Public Safety ials had visited Rohnert Park recently to study the Public Safety Department, were very interested, and had invited Director of Public Safety Dennett to come to Avalon, expenses paid, for two days to assist in a public safety proposal for that city. Rancho Cotate Malcolm Hubley, 135 Alma Avenue, was recognized. lie Wrestling Team asked the Council if the Rancho Cotate Wrestling Team won the league championship, would it receive the same consideration as the championship football team. The Council indicated it would-. Page 9. January 15, 1973 Noise Control7Workshop City Manager Callinan noted the League of California Cities Noise Control Workshop and inquired if any Councilmen planned to attend. No one indicated he could attend said workshop. Redwood Empire Division City Manager Callinan reminded the Council of the League of California Redwood Empire Division meeting to be held at the Rohnert Cities Meeting Park Community Center on January 27. A brief discussion followed during, which it was suggested that high school students be asked to work as valets for parking auto- mobiles. The four newspaper correspondents and Tom Decker of KSIRo, who were present, were invited to the dinner meating as guests of the city. Real Property Transfer In response to a previous Council request, City Attorney Tax Maxwell reported that the Real Property Transfer Tax cannot be increased by the city since the rate is fixed by State law. State Division City Attorney Maxwell advised that a request from the of Real Estate State Division of Real Estate had been received for a master geographic letter from the city to avoid the need for separate clearance letters for each subdivision map approved by the city. A copy of the proposed letter had been given to each Councilman for review. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the Mayor was authorized to execute the master geographic letter on behalf of the city. RESOLUTION NO. 73-06 RESOLUTION APPROVING SETTLEMENT AGREEMENT AND AUTHORIZING FINAL RELEASE AS TO CERTAIN DEFENDANTS--WESTERN LIQUID ASPHALT CASES (Edgington Oil Company) City Attorney Maxwell explained the resolution. Upon motion Of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution No. 73-06 was waived and said resolution was adopted, O-en S- a ce "'ouriel'u-nan Beary inquired if City Attorney Maxwell was working on the report for acquisition of open space. Mr. Maxwell responded in the affirmative. A brief discussion followed. Rancho Cotate Malcolm Hubley, 135 Alma Avenue, was recognized. lie Wrestling Team asked the Council if the Rancho Cotate Wrestling Team won the league championship, would it receive the same consideration as the championship football team. The Council indicated it would-. Page 10. January 15, 1973 Adjournment There being no further business, Mayo-, Roberts adjourned the meeting at approximately 11 :15 P.M. P-pu city, " l k APPROVED: