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1976/09/27 City Council MinutesROHN`ERT PARK CITY COUNICIL MINUTES Communications Non - Agenda Items Mayor Flores adjourned the executive session at approxi- mately 7:30 p.m. and announced that the Council had met to discuss a personnel matter; that City Manager Callinan would be requested to negate the letter of resignation submitted by Director of Parks and Recreation Pekkain, and that the Council would meet again in executive session with City Manager Callinan and Mr. Pekkain present. Communications per the attached outline were brought to the attention of the City Council. No action was taken on any communications except as noted specifically in these minutes Councilman Eck, noting the importance of P.G. 6 E.'s pro- posed electrical tranmission line from the Geysers to Lakeville, made a motion to direct a letter, over the Mayor's signature, to the Public Utilities Commission expressing opposition to Alternative E. Councilman Roberts seconded the motion, which was unanimously approved.. Councilman Eck requested that time be allotted under Matteis from Councilmen for a report concerning the Cities -- Schools Coordinating Committee. meeting. .September 27, 1976 The Council of the City of Rohnert.Park met this date in regular session commencing at 7:05 p.m. in the City Offices, .6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. Call to Order Mayor Flores called the meeting of the regular session to order at approximately 7:05 p.m. and led the pledge of allegiance. Roll Call Present: (4) Councilmen Beary, Eck, Roberts and Flores Absent: (1) Councilman Hopkins Staff present for all or part of the meeting: Asst. to the City Manager Albright, City Attorney Flitner, Supt. of Public Works Eagan, Scrt. Leroy Holmes, Parks and Recrea- tion Commissioners Fiori, Henley and Hofmann. Approval of Minutes Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved, the minutes of September 13, 20, and 22, 1976 were approved as submitted. Approval of Bills Upon motion of Councilman Beary, seconded by Councilman .. 'Roberts, and unanimously approved, the bills presented per the attached list in the amount of $257,372.35 were approved. Executive Session Mayor Flores adjourned the regular session to executive session, the time being approximately 7:10 p.m., with all Councilmen, except Councilman Hopkins, Asst. to the City Manager Albright and City Attorney Flitner present. Communications Non - Agenda Items Mayor Flores adjourned the executive session at approxi- mately 7:30 p.m. and announced that the Council had met to discuss a personnel matter; that City Manager Callinan would be requested to negate the letter of resignation submitted by Director of Parks and Recreation Pekkain, and that the Council would meet again in executive session with City Manager Callinan and Mr. Pekkain present. Communications per the attached outline were brought to the attention of the City Council. No action was taken on any communications except as noted specifically in these minutes Councilman Eck, noting the importance of P.G. 6 E.'s pro- posed electrical tranmission line from the Geysers to Lakeville, made a motion to direct a letter, over the Mayor's signature, to the Public Utilities Commission expressing opposition to Alternative E. Councilman Roberts seconded the motion, which was unanimously approved.. Councilman Eck requested that time be allotted under Matteis from Councilmen for a report concerning the Cities -- Schools Coordinating Committee. meeting. Page 2 September 27, 1976 Mayor Flores requested.that,time also be allotted for a report of the Residential Development Committee and Library Advisory Board. The Council approved the addition of the above mentioned matters. High Noon Club Mr. Austin 0. Scott, Rancho. Grande Mobile home Park, was recognized and informed that a Rohnert Park chapter of the High Noon Club had been formed and introduced Vice- President Bennett and Mr. Harvey Sion who each spoke briefly concerning the new organization. Mayor Flores welcomed the club on behalf of the entire community. Ikon- Agenda Items Asst, to the City Manager Albright requested that the Council consider at the appropriate time on the agenda two resolu® Lions, one approving an agreement between Roland /Miller/ zosociates for the community and recreation center project and another approving filing of a grant application under the Public Works Capital Development Investment Program for same. The Council approved the consideration of the above mentioned resolutions. City Historian Mr. Peter McCormick, member of the Cultural Arts Corporaticn, was recognized and thanked the Council for its interest in providing for the cultural needs of the community, i.e. constructing the new library. Mr. McCormick presended the Cultural. Arts Corporation and Chamber of Commerce's recommendation for a city historian, outlined compilation of the city's history and cost of publishing same. Discus - sion followed. Babe Ruth Pedestrian Safety Citation, 1975 Upon motion of Councilman Beary, seconded by Councilman Roberts, and unanimously approved, the Council endorsed the concept of a city historian, as outlined in Mr. McCormick's letter of September 23, 1976, to compile the city's history and appointed the Cultural Arts Corporation to prepare the editorial„ The Council. also noted that alternate sources of financing would be considered as well as number of brochures published. Mr. Robert DeWan was recognized and, on behalf o f the Rohnert Park Babe Ruth,League, presented a plaque to the Council expressing appreciation for the City's cooperation in the development of youth through the baseball program of Babe Ruth Baseball. Mayor Flores thanked Mr. D.eWan. Mayor Flores presented the American Automobile Association's Pedestrian Safety,Citation for 1975 commending the City of Rohnert Park for a record of seven years without a traffic fatality to Supt. of .Public Works Eagan and Sgt. Holmes. Supt. of Public Works Eagan and Sgt. Holmes thanked the Councils Page 3 September 2.7, 1976 Ordinance No. 318 Ordinance No. 318, concerning mechanical play devices, was removed from the Consent Calendar at the request of Councilman Eck in order to solicit public comment on the matter. _. Resolution No. 76 -152 RESOLUTION AUTHORIZING EXCHANGE OF DEEDS WITH MARTIN STONE .(Civic Center and Community and Recreation Center Site) Resolution No. 76 -153 RESOLUTION OF THE CITY OF ROHNERT PARK URGING THE STATE LEGISLATURE TO INSTITUTE REFORM IN THE DISTRIBUTION OF SALES TAX REVENUE Resolution-No. 76 -154 RESOLUTION ACCEPTING DEED FROM WALDO ROHNERT COMPANY (A.P. Nos. 143-- 360 -52 and 143- 613 -02) Parcel Map No. 24 R. C. Williams, at southeast corner of Hinebaugh Creek and Commerce Boulevard. Parcel Map No. 25 James Groom, re. International- Harvester truck sales and service site. Parcel Map No. 26 Lands of Martin Stone, re. land being conveyed to City for - Civic Center and Community and Recreation Center site. City Attorney Flitner explained the resolution providing for.a swap of land between Martin Stone and the City of Rohnert..Park for the proposed recreation and community center site. Other matters were explained in City Manager Callinan's memo of September 23, 1976. Upon motion of Councilman Beary, seconded by 'Councilman Roberts, and unanimously approved, the reading of- Resolu-tion Nos: 76-152 through 76 -154, as listed on the Consent Calendar section of the meeting's agenda, were waived and said resolutions and parcel maps were approved. Ordinance No. 3Z8 AN ORDINANCE AMENDING ORDINANCETNO 58TANDFSECTIONT9•28.010 ONE OF ORDINANCE PARK MUNICIPAL CODE (Mechanical Play Devices) Asst. to the City Manager Albright read the ordinance. Mayor Flores declared.a public Bearing open to solicit -comments from the audience concerning the definition of mechanical play devices. Wendy Cowen, ..7367 Belita Avenue ", was recognized and ques- pinball machines, tioned if the proposed ordinance'included jute boxes, etc. The Council clarified the regulation and definition of mechanical play devices. There being no one further desiring to be heard, and no declared written communications received, Mayor Flores the.,public,hearing.closed. Upon motion of Councilman. Roberts, seconded by Councilman Ordin- Beary, and unanimously approved by roll call vote, Ezce No. 318 was adopted. Page 4 September 279 1976 Resolution No, 7C� -155.. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING All AG ?f EMENT WI-M ARCHITECTS R0I.A1TD /MILLER/ ASSOCIATES (Community and Recreation Center.) City AttorneyvFltner commented on provisions of the agree - meet. ,Upon motion of Councilmen Beary, seconded by Councilman Eck, and unanimously approved, reading of Resolution No.. 76 -155 was waived and said resolution was adopted. Resolution No...76 -156 RESOLUTION OF THE CITY OF.1ROHNERT PARK AUTHORIZING FILING OF APPLICATION (Local public Works Capital Development Invest- ment Program) Asst. to the City Manager Albright explained the resolution. Improvement Bonds, Series No. 1974 -7 Ad Hoc Committee to Review Building Codes, Final Report Upon,motion of Councilmen Beary, seconded by Councilman Eck, and unanimously approved, reading of Resolution No.. 76 -156 was waived and said resolution was adopted. Asst. to the City Manager Albright reviewed City Manager Callinan's September 24th memo to the City Council concern- ing the call and pay off of the wrong improvement bond (No. 19) in Series No. 1974 -7. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Roberts, and unanimously approved, the Council authorized an advancement of funds to the County to call Bond No. 26, Series No. 1974 -7, with the understanding that,reimburse- ment would be made by the County from payments received from A.P. No. 143 - 650 -66, Bond No. 19, that bond being called in error. Mayor Flores informed that the final report of the Ad Hoc Committee to Review Building; codes would be considered and ref erred to City Manager Callinan's memo to the City Council, dated September 14th, providing; staff comments to the recommendations of said committee. Mr. Jack Titus, 6081 Elsa Avenue, John Jenssen, 5236 Daniel Drive and Mr. Robert DeWan, 7517 Beverly Drive, were recog- nized. Mr. Titus informed that he had not had an opportunity to prepare any written comments on staff's recommendations. He expressed disappointment at the staff report, also, that Building 'Inspector Logue, Director of Public Works/ Ci-ty,Engineer Brust, and City Manager Callinan were not in attendance for the report's consideration and generally commented on the recommendations of the ad hoc committee in comparison to staff's recommendations. General discussion followed with Mr. Titus participating. Mayor Flores indicated that consideration of the final report of the Ac Hoc Committee to Review Building Codes would be continued to the Council's October 12th meeting and that a,letter would be.directed to members of the com- mittee to solicit their comments or reaction concerning staff's'recommendations. Page 5 September 279 197 and Leslie Asst. to the City Manager �yq, Application Callinan °s September 24th mema1tot reviewed City Manager h.�z7anon:Service the Beeghley °s application for the Council concerning convenience and necessity. a certificate of public . Councilman .Eck quierd Cit on.which an a Y Attorney Ppli Flitner as to grounds ed. catiOn could be denied. Discussion foil. . Mayor Flores declared the September 13, .1976 Public hearing, continued Bee h1e f on the application of from . g y or a certificate of Ronald and Leslie neces- sity to operate an ambulance service within and of Rohnert Park. e City Mayor Flores, after obtaining e mission, read portions of Mr® and Mrs. t3eeghle e report. the background investigationper~ Mrs. Dorothy Broghram, 101 Avx�am and questioned if the Proposed yr Avenue, was recognized be offered in additionto /or instead of servicerwould ance service. the City s ainbul- Mayor Flores informed that the proposed service w be an additional ambulance service for oul the City. d Mrs. BrOPhram expressed praise for e service, and observed that it could be City's ambulance soon as one hung up the phone. at' the scene as Mayor Flores explained that the Bee hle a 24 hour services comparible to that g Y °s were offering, City. offered by the Councilman Roberts noted that the ambulance service would be listed under a private phone number. Mr. Beeghley was recognized and offered to answer any n y Mr. Jack Titus, 6081 Elsa Avenue, was recognized and expressed his approval of the ambulance seriice. There being no one further desiring to be heard, and no written communications received the puli , Mayor Flores closed bc hearing., Mr; Beeghley was recognized and initiated relative to the EMCC recommending a discussion to limit the number of ambulance within amspecific disc -� rict. Program Discussion followed between the Council and applicant . concerning the concept of Primary ambulan service. The Council indicated that dabletter could be directed, over the Mayoris signature, to the Board of Supervzsors recommending that established ambulance sere within the area be given special­-Consideration. September 27, Pare 6 SOLUTION OF THE CITY OF ROHNERT PARK AUTHORIZ IidC ate Iu -357 RFSOL CE OF PUBLIC CONVENIENCE M OTi !�• +nriTl�r nF A �Al.r A "Jim P�`.IJ4l:AL TRAIT, Reso3uta 1SSUru�� I3ECESSITY TO GOLDEN t,T"ST I1S�D1�`vn d �•a' on ilman Beary, t) seCGnucu ,,y - y P motion of Counc and unanimously apPros'ed, reading of ReSOL Roberts , .:.No. 70 -:L57 vas waived and said resolution was adopte Asst. to the City Manager ;Albright ,reviewed City Plana . Project No. 1974°-7, CallinanIs Septembez' 24th memo to the City Council, corn° Pr 7 Freeway lacing of a deposit with the State Dept. of Sidewalks in ing the P Overpass Area Transportation for the installation cussion followed.alks Yn tn, freeway overpass area. Councilman Beary, seconded by Councilman rtnOn motion Of nr�e7P(�. the Council authorizedora Eck, and unanimously apt - of Transp der}nSit to the State Dept. Paying a :i11,w� .�,,� frPaway tioa� for the installation of sidewalks over �.,,� overpass. �,.,.,; ."ht reviewed City Manager er All" Council concern' Asst- 'to the City Planag e City 1976 ~13, Callihan° s September' 24th memo to tkm Protect Ito. NO Name Street and Southwest voule° S if nal 'at yO ,;d South ilig signalization f Name Street vard. Discussion followed• seconded by Counc] --"man west Boulevard Council aPProved Upon motion of Councilman Beary the City Eck, and unanimously approved, concept for installation of lo Nam automobile s reet and South - the proceed with signal at the intersection staff to P west Boulevard, the project. i fl�r on City Manager Callznan °s L "y , litter on highways Discussion followed. q4 or Flores commented briefly Maintenance of memo regarding highways seconded by Councilman roved, staff was directed Upon motion of Councilman Eck, to Governor Roberts, and unanimously aPP or`s signature, over the May ent of to send a letter, hway Commission and Depavtm Brown, the State i-iig maintenance of U.S. 101. Transportation concerning ration iy�eceived reported on a communication toned Attorney Flitner rep is oP City Counsel's Office whererO it owners golmnert Park °Cotat ° On frorsm the County Fire District Tara `•m -Chat a refund could be made to those Property taxes to the Cotati- Rohno� ePOrotection, strict Matter who Paid served by the City's b P ing 1d conflict Of Interest Code Cities - Schools Coordi11a ding Committee Utility Line while - a Flitner advised that a public hearing won P arding the citygs conflict City Attorney Discussion commented on same. be scheduled a:or October 12t regarding .Of interest code and briefly followed. Eck reported that the Citiesa High dinat� councilman nested the PetalumatHegimpact of ing Camr;nittee had requested report concerning Distri ct to prepare a P high sixth grade enrollments* to the purpose of a black Eck uiered staff as 'right Wire i- ,Mediately Councilman E eland Creek rig wire within the CoOffices. xaor'tAj of the City Page 7 September 27, 1976 Supt. of Public Works Eagan indicated that he would investi- gate the matter. fences Councilman Eck arivised that residents of the Rancho Sonoma Subdivision were having problems in getting; fences 7_nstall.- ed. Mayor Flores reported that fences were presently being installed. Library Advisory Board Mayor Flores informed that the City had been presented with a check in the amount of $283.00 from the Friends of the Library for purchase of materials for the new facility. He .informed that a letter of appreciation for the contribution would be sent to that organization. Residential Development Mayor Flores advised that he would besoliciting homowner's Committee comments concerning response of the developers in resolving complaints with the assistance of the committee and that a formal report would be presented to the Council concerning same. Benches Discussion was initiated concerning a request to install benches in front of the Safeway Store for seniors waiting for the mini -bus. Councilman Roberts offered to followup on the matter. Parks and Recreation Mayor Flores informed that a communication had been re,- Commission ceived from the Parks and Recreation Commission requesting a joint meeting; with the City Council. After a brief discussion it was the consensus of the Council that a joint meeting should be held on October 12th, 7 :00 p.m., between the Parks and Recreation Commissior:. and City Council. Adjournment There being no further business Mayor Flores adjourned the meeting at approximately 9:03 p.m. P, '116 _L��2 ' Deputy City Clerk APPROVED: M yon Flores INTER-OFFICE MEMORANDUM TO.- The Honorable Mayor and Members FROM: of the City Council cc: Roland L. Brust, Dir® of Public Works John Flitner, City Attorney Dan Logue, Building Inspector Ad Hoc Committee to Review Bldg® Codes RE: Staff Comments to Recommendations of Ad Hoc Committee to Review Bldg. Codes A Peter M. Callinan'.� City Manager DATE: September 24, 1976 I have reviewed and discussed with Director of Public Works/City Engineer Brust and Building Inspector•.Dan Logue the specific recommendations of the committee® Comments concerning each of the recommendations are listed below following the specific recommendation of the committee, which is repeated herein in different type for informational purposes: Z. That all monies received in the form of building permits and construction fees be used for beefing up and maintenance of the building inspecticrAs depart- ment, and that any reasonable excess not so used be returned to the General bland. Comment: Fees for building permits, that is, fees which are based on the uniform codes have always been deposited in the City's General Fund® The expenses of the Building Inspection Department have always been taken from the General Fund® Because of our considerable construction activity in the past few years the General Fund has received more from building fees than it has paid out to cover the cost of the Building Inspection Department® However, I think this is the practice that most cities follow ®. We are-somewhat fortunate that our Building Department generates a significant amount of fees which helps us offset the overall cost of the City government® If the Council were to find this inappropriate we could reduce the fees that are imposed upon builders for building permits. I would recommend against that, since I feel that the extra revenue generated by the but1difig permits revenue is one additional way in which the City requires development to pay its way in the community® Other fees, such as ojr Capital Outlay Fund Fees, sewer connection fees, Per Acre for Development fees, are all placed in separate funds established for their specific purposes and from which only authorized expenditures are made and which are tied to the authorized purposes of the various funds® I believe that the Council is well. aware ' of the various purposes used for these special fees imposed upon building activity and which are not at all related to the building permit fees 2. -That the City Cowicil direct the rity Afanager to hire three (3) more building inspectors for residential co7wt--uctLon inspections and that when a buiZding -,construction project of a commerciat nature is initiated and that project approaches $20 million dollars, that an additional inspector be hired for that specific project. Comment: Neither Mr. Brust nor Mr. Logue feel that three (3) more building inspectors are warranted at this time. Mr. Brust suggests it would be appropriate to add another building inspector in the department, giving us a total of three (3) including Mr. Logue and, also, a half-time clerk to assist the department's personnel in the processing of paperwork. We should keep in mind that winter is coming and if we have a normal winter the building activity will slow down drastically so that we perhaps would not need the additional building inspector ,during the winter months. The three (3) additional inspectors recommended by the committee would, of course, be nice, but in our opinion would not give any guarantee bf a better quality of homes than are now being built. Very few complaints received by the City relate to building code enforcement. Many are cosmetic in nature and, in my opinion, more building inspectors, while nice, will not necessarily upgrade the quality of work done in tract home development. However, I support the request for an additional building inspector provided we can get one on a hourly basis and who, at this time, would not be considered aipermanent employee but one who could be laid off during the winter months, that is,, assuming we experience the normal winter rainy season. The part-time clerk requested by the department is to aide in revising the .t internal system in- he Building Department in keeping records, processing applications, and recording inspections. The department now receives clerical service from the secretary in the office who is also secretary to Mr.-Brust and to Planning Director Skanchy. Thus, there are times when the priority of the workload for the Building Inspection Department is not top because of priority matters for public works or planning, especially matters related to planning applica-dons. 3. That approximateZy Zo citizens at large U appointed to serve with layor gores and Councilman Hopkins on the newly formed committee dealing with citizen complaints on homes. Comment: Whether or not a large citizens committee would be formed to deal with citizen complaints on homes is certainly a policy decision that the Council can only decide. I would sincerely question the need for such a committee. Even with all the.publicity that we have received recently concerning the alleged poor job being done on the homes in Rohnert Park, the Council's committee and city staff has only received 10-12 communications from homeowners. Over the years the City has followed up on numerous homeowner complaints, including a rash that broke out in the Country Manor and Holiday Park subdivisions. All of the problems with the homes,mmy of which were cosmetic, were corrected. In many ,instances, even though the matters were cosmetic in nature, the influence of the City was able to affect revision or correction for the homeowner. I fail to see what a large committee of citizens could do that the Public Works and Building Inspection Departments cannot do under close CXty Manager and City Council scrutiny. Page 3 1­ptember 24, 1976 4. V=t the City issue an amended "City of Rohnert Park lenerat Information Sheet" to every "new resident family" expZaining codes 15.04.OZO and Z5.04.020, givi-nff pertinent addresses and phone nw,-zbers of the State Contractor's License Boards and addresses and phone numbers of accessible perso ns -,or the tract or developinC companies. Comment: This poses no problem and can be done the next time the General information Sheet is updated. However, it should be pointed out that many persons having problems with their homes do contact the City offices and in most cases they are aware of the Contractor's License Board which is listed in the telephone book. The request to put phone numbers of accessible persons for tract or development companies would be not very useful in my opinion, since all the homeowners arm aware from whom they bought the home and can either get in touch with the salesman or with the company. 5. That a "pre-sale" inspection be given to prospective buyers on resale of homes at said buyer's request and that a nominal charge be levied for this service. Comment: This would be no problem with the City staff, but we would suggest a fee. We now provide this service, especially, for homes to be financed under Veterans Administration on re-sale. Some cities do make this mandatory, but to do so would bring opposition from real estate firms and complaints from homeowners who are selling their home and who might have to make expensive corrections. According to Mr. Brust, were we to make it mandatory it would e since there�s a tremendous number of probably required i one man all the time If it is not going, to re-sales taking place continually in the community. be mandatory, then we should charge those,who request the service a fee.' It is suggested that the City impose a $30 fee henceforth for the service in order to defray our costs of providing the service. 6. That electric ranges (except those counter top and built-in oven models not requiring removal under any but the most remote reasons), electric dishwashers, and garbage disposal units be provided with pZugs.and outlets or pigtail as appropriate. Comment: This poses no serious problem. The code-.is somewhat vague in this area, however, Mr. Brust and Mr. Logue indicate that they will interpret I the code to require the recoTrzt. ndation. Viat direct burial wire be at least 2411 below grade, laid in sand and a 2" x 411 nominaZ redwood pZank�be placed over it for mechanical protection. Comment: This is not recommended by the code and I frankly fail to 'see how we can requre this because of a special local condition, which as the Council is aware must be found in order to amend a uniform code. P.G. and E. buries wire all the time with tremendously high voltage without any redwood plank being placed over it. Page 5 September 13, 1976 Z at toilet; installed in new constvuction shalt require no more than three d one half gallons of mater per flush. Comment: Mr. Brust and Mr. Logue indicate that this is going to be a State requirement in 1978. They further indicate that some places that have 3 1/2 gallon flush toilets have experienced some problems with -them. I suggest we wait and see because 1978 is not that far away. Z5. That flow control restrictors be installed in each slier head. Co nt a Comments are similar to those for No. 14, it is going to be required in the near future: by the State. I can't see any special local need for requiring Rohnert park to do it any faster, i.e. from a building codes point of view. 16. That dampers be installed in all kitchen and bathroom vents. Comment: far. Brust and Mr. Logue and I feel that this is certainly a good idea and most homes in Rohnert Bark have the dampers installed. We agree that even though the code is somewhat vague on this matter, that it will be so interpreted as to- require the dampers. V. That the committee chaired by Alayor Flores investigating homeowner's conplaints be "advertised" in the City AuarterZy newsletter and on Channel 6 television. Comment: How the Council wants the Council committee advertised is certainly up'to. 1. them. I would be pleased to follow any Council direction concerning this recommendation.