1976/07/12 City Council Minutes (3)ROHNERT PARK CITY COUNCIL MINUTES
July 12, 1976
The Council of the City of Rohnert Park met this date
in regular session commencing at 8:00 p.m. in the City
Offices, 6750 Commerce Boulevard, Rohnert Park, with
Mayor Flores presiding.
David Jones,
Call to Order
.Rdll Call
Approval of Minutes
Approval of Bills
Communications
Letter of
Appreciation
from Doris
Givens
Mayor Flores led a minute of silence or prayer in memory
of David Jones, editor and publisher of the Cotati.Call
and a friend of the City of Rohnert Park, who died in
a traffic accident. Mayor Flores requested contributions
of blood to be donated to the'Sonoma County Blood Bank
in Mr. Jones' name.
Mayor.Flores.called the meeting of the regular session
to order at approximately 8:00 p.m. and led the pledge
of allegiance.
Present: (4) Councilmen Beary, Eck, Roberts and Flores
Absent: (0) None
Late: (1) Councilman Hopkins, whose time of arrival
is specifically noted in these minutes.
Staff.present for all or part of the meeting:
City Manager Callinan and City Attorney Flitner.
Upon motion of Councilman Beary, seconded by Councilman
Roberts,,and approved, with Councilman Eck abstaining
due to his "not having attended the meeting, the minutes
of June 28, 1976 were approved as submitted; and the
-minutes of July 6, 1976 were unanimously approved as
;submitted.
Upon motion'6f Councilman Eck, seconded by .Councilman
Beary, and unanimously approved, the bills presented
per the attacheAllist.,.in the amount of $465,677.64 were
approved.
Communications per. the attached outline were brought
to the attention of the Council. No action was taken
on any communications except as noted specifically in
these minutes.
Councilman Roberts requested details concerning a letter
of appreciation from Doris Givens. City Manager Callinan
stated the letter was to express appreciation for a service
involving the Public Safety Department but he was not
familiar with the specific incident.
Page 2
July 12, 1976
Storer CATV Councilman Roberts initiated a discussion concerning
a letter of complaint from Martin J. Hall regarding in-
correct information on the Storer CATV station. City
Manager Callinan advised he had referred the letter to
Storer CATV and was informed there had:been a loss of
power resulting in the incorrect information being shown
on the air, and that Storer was going to submit a letter
response.
Wastewater for Councilman Eck initiated a discussion regarding City
Construction.:Use Engineer Brust's memo to City Manager Callinan concerning
wastewater for construction use, asking for particulars.
Mr. Callinan stated it does appear as.if the City will
be given approval by the Water Quality Control Board
for using wastewater for construction use; indicated
the City would be charged a fee of approximately $140.
Mayor Flores suggested that staff request that the fee
be waived. Mr. Callinan stated lie would follow up on the
matter.
Tennis Club Donation Mayor Flores initiated a discussion.concerning Parks
and Recreation Director Pekkain's memo to City Manager
Callinan concerning a- donation by the Rohnert Park Tennis
Club; requested that staff forward a letter of appreciation,
over the Mayor's signature, to the Rohnert Park Tennis
Club. Mr. Callinan stated he would do so.
Non-Agenda Item
City Manager Callinan requested that a resolution con-
cerning placing of four -way stop signs at the Santa Barbara
Drive and Bonnie Avenue intersection be placed on the
agenda at the °appropriate time. The Council concurred.
Mayor Flores suggested it be brought up under the City
Manager's Report section of the agenda.
Unscheduled
Miss Gail Bailey, 7491 Adrian Drive, President of the
Public
Rancho Cotate High School Marching Band was recognized
Appearance
and read a letter from Governor Brown's office selecting
that band to represent the State of California at the
inaugural events in Washington, D. C.; advised that some:.:
$11,000 had been secured by the group for expenses
by various fund raising activities; indicated the group
would leave January 18th for Washington, D. C. and would
be staying in Alexandria, Virginia.
Mayor Flores commended the students for raising their
expense monies. Miss Bailey invited the councilmembers
and staff to participate in the upcoming Donkey Contest,
which they indicated they would be pleased to do.
Mr. Jerry Wright, Music Director of the high school,
was present and thanked the Council for its support
of the Rancho Cotate High School Marching Band.
Rohnert-Park'
Explorer•Boy'
Scouts
State Farm Drive
Street Name
Councilman Hopkins
Arrives
Rohnert Park
Explorer Boy
Scouts
Page 3
July 12, 1976
Mayor Flores stated Mr. Robert,Walt�rs had requested..:
"time to s eak re ardin the R hn rt P rk E 1 r Bo
p g g o e a xp ore y
Scouts, was not.present.in the chamber, but would be
recognized when he arrived.
Mr. Hugh Codding Codding Enterprises, Inc., was recognized
and requested time to speak later in,the meeting at the
time of discussion of the.Transport Avenue Alignment,
concerning changing the name of.the. northern continuation
street from Transport Avenue to State Farm Drive. The
Council agreed.
At this point in the 'meeting Councilman Hopkins arrived,
the time being approximately 8 :15 p.m. and apologized
for his, and Mr. Walters, lateness..;,
Mr. Robert Walters, 542 Anton Ave., Was recognized and
made a presentation of the Charter from the Rohnert
Park Explorer Boy Scouts, and invited the councilmembers
-to a'Father and Son Golf Tournament on August 28th.
Mayor Flores,thanked Mr. Walters on.behalf of the Council,
indicating he would ask staff to have the Charter framed.
Upon motion of Mayor Flores, seconded by Councilman
Beary, and unanimously approved, the Council designated
that five single'golf, passes be allocated as prizes
in the Rohnert Park Explorer Bay.Scouts Father and Son
Golf Tournament on August 28th.
Kairos
Mr. Gregory Harder, representing.Kairos Community Develop -
Representatives
ment Council, Inc., was recognized and.stated, at the
Request for
Council's previous direction, he was returning to request
Funds
an allocation of funds for Kairos to be considered in
the current 1976 -77 budget; advised an allocation of
funds had been made by the City of Cotati.
City Manager Callinan and the Council discussed funding
to be received from the CETA grant and federal revenue
sharing; whether the services offered by Kairos were
a duplication of other services in the community; and
the tight budget limitations of the.Cityls 1976 -77 budget.
The consensus of the Council was.that1 this year the
limitations of the budget would preclude an allocation
of funds to Kairos, but invited Per. Harder to return
at a future date to again discuss the possibility of
the City making a contribution to Kairos.
Page 4 July 12, 1976
Rohnert Park Mr. Donald Tarpley, 703 Lincoln Ave., representing the
Taxpayers Rohnert Park Taxpayers Association was recognized and
Association invited the Council and staff to attend a July 15th
Meeting meeting:of that association to discuss the 1976 -77 City
Budget. City Manager Callinan and several of the council -
members indicated they would be in attendance. Mayor
Flores extended an invitation to Mr. Tarpley and other .
members of the Taxpayers Association to attend the City
Council meeting of July 26th at which time the budget
will be formally adopted.
Ordinance 314 AN ORDINANCE OF THE CIlx: OF ROHNERT PARK AMENDING TITLE
17 OF THE ROHNERT PARK MUNICIPAL CODE (Zoning Map Change
A. P. No.143- 050 -54)
City Manager Callinan explained the ordinance.
Councilman Eck queried City Attorney Flitner as to whether
he should'abstain from voting since he had been absent
when the ordinance had been introduced. Mr. Flitner
opined that if Councilman Eck had read the minutes and
was familiar with the background and subject matter of
the ordinance, he could vote on same. Councilman Beary
indicated he would abstain on the adoption of the ordinance,
as he had on the introduction, because of a possible
conflict of interest. Councilman Roberts indicated that
he would vote on the ordinance based on City Attorney
Flitner`s explanation of "rule of necessity" given when
the ordinance was introduced.
Upon motion of Councilman Hopkins, seconded by Mayor
Flores, and approved by the following roll call vote,
the reading of Ordinance 314 was waived, and said ordinance
was adopted.
AXES: (3) Councilmen Hopkins, Roberts and Flores
NOES: (0) None
ABSTAIN. (2) Councilmen Beary and Eck
File 0434 Mayor Flores reminded the councilmembers that they had
Lovmark Building indicated they would individually inspect the Lovmark
Building on South Santa Rosa Avenue and return with
comments thereto.
Councilman Roberts stated he felt the structure and
landscaping,had improved over some months ago; felt
that.the Planning Commission should exercise caution
in issuing an occupancy permit until final completion
and City approval is accomplished.
Page 5 July 12, 1976
A discussion ensued as to whether an occupancy permit
had been issued as there appeared to''be machinery in'
the building. City Manager Callinan advised that an
occupancy permit had not been issued as yet; solicited
specific recommendations from the Council prior to the
City issuing an- occupancy permit.
Discussion continued with -the councilmembers feeling
that %the building still failed to comply with plans and
specifications; the conditions set forth on the Planning
Commission staff report; painting and landscaping.to
be completed, and staff exercising more caution in the
future with regard to allowing machinery or equipment
to °be moved into a structure prior to an occupancy permit
being issued.
Mr. Callinan indicated Mr. Lovmark had been complying
with staff requests insofar as replacing paving, meter
boxes, etc. Councilman Beary felt it was not to the
City's advantage to place too many hardships on Mr.
Lovmark and his tenant"
The discussion concluded with Mayor Flores requesting
Mr. Callinan to prepare a status report for the July
26th meeting indicating the improvements made by Mr.
Lovmark and outlining any mitigating circumstances at
that time. Mr. Callinan stated 'he` would do so.
Transport Avenue City Manager�Callinan gave a verbal report on the
Alignment proposed alignment of Transport Avenue, referring to
a map on display; noted that the Council had requested
that staff talk with Mr. Jim Redding of Western Gold
Land, Inc. concerning a change in the road configuration
which adjoins their property. Mr. Callinan indicated
that this had been done and Mr. Redding had no objections
to the proposed realignment of this road; further stated
that staff did not recommend a change `.in the name of
Transport Avenue ;,but should this be considered the matter
would be referred to the Planning'Comniission for a public
hearing and then to'the City Council, also scheduled
for a public hearing.
Mr. Hugh Codding was recognized and stated that State
Farm Drive would be'a continuation of the realigned
Transport Avenue; advised Codding Enterprises, Inc.
would be willing to share'equally in "the cost construction
,of the improvement; requested the Council's consideration
when the matter comes before it for changing the name
to State Farm Drive.
Mayor Flores thanked Mr. Codding; stated the matter
would!: proceed•through the proper•channels of the Planning
!.': Commission and then to the City Council.
Parcel Map 21
Western Gold
Land, Inc..
Lilac Tot Lot
Page 6 July 12, 1976
City Manager Callinan, referring to the displayed parcel
map, explained that Parcel Map'21, Western Gold Land,
Inc.- had inadvertently been left off the Planning Commission
agenda,,, and in the.interest of expediting this matter
.it was being brought before the Council at this time.
Upon motion of Councilman Hopkins, seconded by Councilman
Beary, and unanimously approved, approval was given to
Parcel Map No. 21, Western.Gold Land, Inc. property on
the east side of Commerce Boulevard, north of Hinebaugh
Creek for a roller skate rinks
mayor Flores indicated councilmembers had inspected the
Lilac Tot Lot in response to a petition from residents
in that area; drew a sketch of the lot indicating recommend -
ed changes outlined on the petition, namely, installation
of benches, sprinklers, moving play equipment out of
the lot, turfing, trees and landscaping; estimated the
cost of these improvements to be approximately $2500,
which would be made by way of Council'allotation.
Mrs. Kitty Collins, 828�Lilac Way, was recognized and
discussed with the Council the present condition and
use of the lot.
Discussion followed regarding the costs.involved, trans -
ferring'the play equipment to other areas, with a corres-
ponding reimbursement of funds to the Lilac Tot Lot
for proposed improvements; whether the residents would
be interested in participating in a community effort
to improve the tot lot, etc.
Mayor Flores made a motion, seconded by.-Councilman Hopkins,
to improve the Lilac Tot Lot as follows;.*.
(1) Remove the three items of equipment, namely,
the wheels, slide and swings.
(2) Install'a sprinkler system.
°(3) Designate a sand area and turf the remainder.
(4) Plant additional trees and shrubs.
(5) Install three additional benches.
(5) Install a post to prevent the entrance of motor
bikes.
Councilman Roberts requested that the.motion include
the selling of the removed,items.of play equipment to
other areas in the City. Mayor Flores and,Councilman
Hopkins accepted the amendment to the motion®
Councilman Beary felt that funds should not be expended
to install a sprinkler system in the Lilac Tot Lot.
Mayor Flores amended his motion, and Councilman Hopkins
accepted the amendment for his second, to limit the
amount of money expended for improvement of the
Lilac Tot Lot to $1,000.
Page 7
July 12, 1976
Mayor Flores' original motion, inclusive of the above ..
''-
documented amendments, was approved unanimously.
'Mayor` Flores • asked Mrs. Collins to contact the residents
in the area and solicit their input as to the arrangement
of the improvements to be made-at the Lilac Tot Lot,
and whether lawn, rather than rolling turf, would be
acceptable to them. Mrs. Collins agreed to do so,
Councilman Hopkins made a motion, seconded by Councilman
Roberts, and unanimously approved to appoint Mayor Flores
and Councilman Eck to a Committee for Redevelopment of
the Lilac Tot Lot.
Resolution 76 -106
A RESOLUTION of THE ROHNERT PARK CITY COUNCIT REJECTING.
THE'CLAI14S OF.JILL YOUENS AND ROBERT THOMPSON.
' city `Manager Callihan explained the proposed resolution
was to reject a claim involving.a Public Safety incident.
Upon motion of Councilman Hopkins, seconded by Councilman
Beary, and unanimously approved, the reading of Resolution
• --176- 106 was waived and said resolution was adopted. .
Councilman Eck inquired as to whether the claimants have
been advised that their claim had been rejected. Mr.
Callinan responded that there isla law requiring the"
City to notify all claimants:vithin a specified time
when rejecting a claim.
Agreement with
City Manager Callinan discussed with the Council obtaining
Lawrence Simons,
the services of Lawrence Simonsi AIA, to design a Public
AIA, for Public
Safety._ facility on .Country .Club Drive, referring to Mr,
Safety Facility
Simons? proposal dated June 28th, copies of which had
been presented to the Council.
.,Discussion followed.,with the councilmembers and Mr.
.Callinan participating ;concerning whether other bids
had been solicited; "spending °as: little money as possible
on this facility with attention given to making the exterior
attractive; having some type of fail -safe electrical
emergency • facilities.
Upon motion, of Mayor Flores, seconded by Councilman
Eck, and unanimously approved, the Council authorized
an agreement with Lawrence,Eimo�is ;.AIA, for design of
a Public Safety facilityton,;Country Club Drive.
f'
City Manager Callinan briefly discussed Mr. Simons'
proposal to designa recreation,building, indicating
that if the.Public Works �i�l can sustain an over -ride
of President,Ford ?s..recent. -veto, staff will be requesting
"' �`
approval for a recreation building facility.
Stop Signs at City;Manager Callinan advised that a petition had been
Santa Barbara Drive received from many residents for stop signs at the
and Bonnie Avenue Santa Barbara Drive and Bonnie Avenue intersection, and
accordingly a resolution had been prepared.
Resolution 75-107 RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING INSTALLA-
TION OF STOP SIGNS
City Manager Callinan explained the resolution.
Upon motion of Councilman Beary, seconded by Councilman
Roberts, and unanimously approved, the reading of Resolution
76 -1.07 was waived and said resolution was adopted.
1976-77 Budget City Manager Callinan indicated that two additional
Public Safety Officers had been approved in the 1976 -77
Budget, solicited comments from the Council regarding
recruiting this personnel from the reserve force or follow-
ing the Affirmative Action procedure.
Discussion followed with the consensus of the Council
being that open recruitment, with all reserve officers
being encouraged.to apply,.would be appropriate.
Supreme Court City Attorney.Flitner advised that the Supreme Court
Decision Re has held that zoning of land is subject to referendum.
Zoning
Open Space City Attorney Flitner stated the California Supreme
.Zoning Court of Appeals had held that open space zoning, if
it results in the taking of land, is unconstitutional.
Page S July 12, 1976
Rohnert Park
Mayor Flores stated a number of tickets had been presented
Day at %the
for the Rohnert Park official family to attend the Sonoma
Sonoma County
County Fair on Rohnert Park Day. Discussion followed
Fair
as to the distribution of these tickets with the council-
members making suggestions as to whom they should be
allotted;
City Facilities
'City Manager Callinan advised the Cty would have an
Open House on
Open House on August 14th with the City Offices, the
AA
H�I�II�L ��fLi.
�.�LIt
f9.. waw .w .. H'-in Vr
and other City 4acll4tl .s oD__ to the
•.lJ1U 1J14L1Vn 14rLL all V A Cr B 16$L A.1.6LiG0 V6J C:Ll 4V the
public, and invited all the councilmembers to participate
in this Open house.
Stop Signs on
City Manager Callinan stated that, in compliance with
Myrtle Avenue
the Council's request, he was making a'30 day staff"
at Liman Way
report of the Myrtle Avenue /Liman Way traffic situation
after installation of stop signs at that intersection.
Mr. Callinan stated staff has received no negative reports
regarding the stop signs at this intersection.
Stop Signs at City;Manager Callinan advised that a petition had been
Santa Barbara Drive received from many residents for stop signs at the
and Bonnie Avenue Santa Barbara Drive and Bonnie Avenue intersection, and
accordingly a resolution had been prepared.
Resolution 75-107 RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING INSTALLA-
TION OF STOP SIGNS
City Manager Callinan explained the resolution.
Upon motion of Councilman Beary, seconded by Councilman
Roberts, and unanimously approved, the reading of Resolution
76 -1.07 was waived and said resolution was adopted.
1976-77 Budget City Manager Callinan indicated that two additional
Public Safety Officers had been approved in the 1976 -77
Budget, solicited comments from the Council regarding
recruiting this personnel from the reserve force or follow-
ing the Affirmative Action procedure.
Discussion followed with the consensus of the Council
being that open recruitment, with all reserve officers
being encouraged.to apply,.would be appropriate.
Supreme Court City Attorney.Flitner advised that the Supreme Court
Decision Re has held that zoning of land is subject to referendum.
Zoning
Open Space City Attorney Flitner stated the California Supreme
.Zoning Court of Appeals had held that open space zoning, if
it results in the taking of land, is unconstitutional.
Page 9
July 12, 1975
Building Codes. City Attorney Flitner cautioned that in reviewing Building
Review Codes the State requires that local conditions must be
justified prior to making a changd'in'the Code, eo g.,
specifying the local conditions that require a change
in the State Code.
Roberts and City Attorney Flitner advised that Roberts & Aguirre
Aguirre has chosen to appeal the recent sewer connection fee
Lawsuit lawsuit handed down in favor of the City of Rohnert Park;
stated there may be a possibility of the City negotiating
with Roberts & Aguirre.
;.Discussion followed concerning the costs the City has
sustained with regard to this lawsuit, and the Council
requested Mr. Flitner to keep it advised on this matter.
Rohnert Park Councilman Roberts initiated a discussion concerning
Zip Code Rohnert Park obtaining its own zip code numbers separate
from Cotati, suggested writing to the Postmaster General
and appropriate legislators recommending a separate zip
code number for Rohnert Park.
Upon motion of Councilman Roberts, seconded by Councilman
Hopkins, the Council approved the acquisition of a Rohnert
Park zip code number and taking appropriate action to
obtain same.
Councilman Eck expressed concern about the costs to
business people in making changes in their stationery,
business forms, etc.; requested a friendly amendment
to the motion to include a request that the Rohnert Park
zip code be 94928.
Councilman Roberts and Councilman Hopkins'accepted the
amendment, and the motion was approved unanimously.
Fireworks Councilman Roberts initiated a discussion recommending
that the Parks and Recreation Commission sponsor next
year's 4th of July festivities with picnics and a firework
display; further recommended the banning of private sale
of fireworks. It was the feeling of Councilman Roberts
that the organizations selling fireworks as a fund raising
project were not realizing that much of a profit; suggested
that the City pay for the public fireworks display.
Discussion followed with Councilman Hopkins indicating
that he views the 4th of July celebration as a part of
Americana, and does not believe it represents a great
fire hazard; would like to see some documentation regarding
complaints. It was generally felt by the Council that
the subject of banning of fireworks should be set
for public hearings.
Page 10 July 12, 1976
Upon motion of Councilman Roberts, seconded by Mayor
Flores, and approved by the following,voice vote, the
Council approved setting a public hearing to ascertain
the. banning of the sale of fireworks, and should fireworks
be banned, to request the Parks and Recreation Commission
to spqnsor.the 4th of July events with a.public display
of fireworks.
AYES: (4) Councilmen Beary, Eck, Roberts and Flores
NQ 1" 31 - 'J% Slouncilwall HOPKIIIS
Adjournment There being no further business, Mayor Flores adjourned
the meeting at approximately 9:40 p M. to 8:00 p.m.
on July 26, 19760