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1975/08/25 City Council MinutesROHNERT PARK.CITY COUNCIL MINUTES August 25, 1975 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 Hopkins presiding. Call to Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:05 p.m. and led the pledge of ,allegiance. . Roll Call Present: (5) Councilmen Beary, Eck, Flores Smith and Hopkins Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner and City Engineer Brust. Approval of Minutes Upon motion of Councilman Eck, seconded by Councilman Beary, and approved by a voice vote with Councilman Smith abstaining, the minutes of August 11, 1975 were approved as submitted. Approval of Bills Communications Rancho Feliz Mobile Home Park Spivock Land as Open Space M.I.F. Chemical Company,Letter Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the bills presented per the attached list in the amount of $279,690.62 were approved. This amount includes $13,911.25 for the Civic Commission. Communications per the attached outline were brought to the attention of the Council. No action was taken on any communication except as noted specifically-.in these minutes. City Manager Callinan directed the Council's attention to a letter from Mr. Tom Reynolds, Manager of Rancho Feliz Mobile Home Park, in which he requests the services of a police reserve officer with use of City facilities for patrolling the park. Mr. Reynolds indicated in his letter the intent to pay`the City for these requested services. Mr. Callinan stated that the City was complying with Mr. Reynolds request and it appeared to be working satisfactorily. City Manager Callinan referred the Council to the County Administrator's report concerning the Spivock property and advised that the Santa Rosa City Council would be discussing the matter this week. Councilman Eck initiated a brief discussion concerning the letter from M.I.F. Chemical Company wherein they "tongue in cheek" infer that if the City was still using their product "CUFOD" there `would be no need for boats aerating the wastewater treatment ponds. Mr. Eck suggested the City respond with a "tongue in cheek" reply asking M.I.F. Chemical Company to substantiate their claims for 1$CUROD91, as set forth in their letter. The Council took no action on the suggestion. Cultural Arts Corporation Appointment to Sonoma County Arts Council Parking of Commercial Vehicles in Residential Areas Unscheduled Public Appearances Project 1974-13 Project No. 1975-9 Library Site Addition Resolution 75-201 Page, 2 August 25, 1975 Councilman Eck queried City Manager Callinan as to when Council was scheduled to take action on the appointment to the Sonoma County Arts Council. Mr. Callinan advised that this matter was set for. the next meeting, and that the Cultural Arts Qorporat.lon had recommended that the incumbent be reappointed to this''.'Council. Councilman Flores initiated a discussion regarding the questionnaire sent out,in the recent newsletter requesting citizens of Rohnert'Park to indicate their wishes as to the parking of commercial vehicles in residential areas. City Manager Callinan advised that the returns were running 5 to l,to retain,,the present ordinance and restrict commercial vehicles from parking in residential areas. Mr. Ian Allen of 7466 Bridgit Ave. was recognized and requested to appear at the end of the meeting as an unscheduled public appearance. The Council concurred. 7. City Manager Callinan advised d vised that action should be deferred on the resolution listed on the meeting agenda regarding the Camino Colegio Improvement Project. ALbULUTIUB AUUhtTJ_NU W ANT DELD.khunter Drive and Enterprise Boulevard, Project No. 1975-4) City Manager Calli,na-n.explained the resolution. Upon motion of Councilman Eck, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 75-200 was waived and said resolution was adopted� City Manager Callinan directed Council's attention to his memo of August 21st, in which he, Councilman Eck and Councilman Flores met with Mr. Codding of Cofego Enterprises concerning the acquisition of-additional land adjacent to the proposed library site for parking area. Mr. Callinan reviewed the financial aspects of the acquisition with the Council. Mr. Callinan provided council members with a sketch of the property, and indicated the acquisition of said property would provide.additional open space and parking area for�the proposed library. Upon motion of.Co.uncilman Eck, seconded by Councilman Flores, and unanimously approved, Council approved the financial terms of purchase of Cofego property adjacent to the proposed library site, as outlined by the committee of City Manager Callinan, Councilman Eck and Councilman Flores and contained.in.Mr..Callinan's August 21st memo. RESOLUTION ACCEPTING.GRANT DEED (.Library Site-Addition) City Manager. Callinan explained the resolution. .,Upon motion of Councilman Beary, seconded by Councilman 'Smith, and:unanimously approved, the reading of Resolution 7.5-201 was�waived and'said resolution was adopted. Page 3 August 25, 1975 City Manager - Callinan advised the Council that he had appeared before the Sonoma County Board of Supervisors at which meeting the Supervisors had approved the recommendation of the Sonoma County Library Commission for the partial funding of libraries in several.cities in Sonoma County. Mr. Callinan indicated that the City of Rohnert Park's share would be some.$200,000.00. City-Liability and „ City Manager Callinan introduced Mr. Tom Feeney, insurance Property Insurance agent for the City, who made a presentation regarding the Coverage placing of the City's coverage with various insurance companies.to obtain the best premium.rate. Mr. Feeney reviewed with the Council the cancelling of the City's existinL- coverage by Imperial. Insurance Company before the anniversary date, which prompted the need to seek placement of coverage at this time. Mr. Feeney answered questions from the council members. Resolution 75 -202 RESOLUTION OF THE CITY OF ROHNERT PARK RATIFYING AND ACCEPTING PLACEMENT OF INSURANCE RECOMMENDED BY BROKER OF RECORD FEENEY INSURANCE AGENCY City Manager Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, the reading.of. Resolution 75 -202 was waived and said resolution was adopted. Mayor Hopkins stated for the record that he voted under ..,duress, as he feels the action of Imperial Insurance Company was unacceptable. Councilman Flores thanked Mr. Feeney on behalf of the City for the time and hard work expended in placing this insurance coverage. Upon motion of Councilman Eck, seconded by Councilman Flores, and unanimously approved, Council directed staff to forward Jett "ers to all legislative representatives requesting that they pursue legislation requiring insurance.:companies- desiring to do business in this State to be required to take their fair'sh6re of liability coverage for municipalities, with copies of the letters to be directed to the League of California Cities. CYO Basketball City Manager Callinan advised the Council that the Parks and Recreation Commission had recommended that Council approve the amount of $500.00 for the.CYO Basketball League to assist:.them in purchasing uniforms. Councilman Beary made a motion, seconded, by Councilman Flores, to approve the allocation,of $500.00 to`the CYO Basketball :.League for purchase of uniforms°. Page 4 August 25, 1975 Councilman Eck'-expressed concern at the outlay of funds such as this, and was interested in knowing what efforts had been made by the CYO Basketball League to raise their needed funds. It was Mr. Eck's feeling that organizations should set some goals to secure their own funding and then approach the Council to allocate the balance. Councilman Eck made a motion to amend Councilman Beary's motion to state that the Commission would commit,up to $500.00 if needed, after efforts had been made by the CYO Basketball League to raise funds on their own. Councilman Smith seconded Councilman:Eck's motion, acid said motion was approved by the following roll call vote: AYES: (3) Councilmen Eck, Smith and Hopkins NOES: (2) Councilman Beary and Flores Councilman Beary's motion, as amended, was approved by the following roll call vote: AYES: (5) Councilman Beary, Eck, Flores, Smith and Hopkins NOES': (0) None Babe Ruth City Manager Callinan informed the Council that the Parks Baseball Program and Recreation Commission had approved and recommended the amount of $500.00 for allocation to the Rohnert Park Babe Ruth League to assist in offsetting some of their financial costs. Mrs. Anita Sammis was present and gave abrief report on Babe Ruth League finances. She indicated several methods of fund raising that had been employed by the League. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the amount of $500.00 was allocated to the Rohnert Park Babe Ruth League to offset financial deficits. Caterpillar Park City Manager Callinan advised the Council that letters had been sent to residents in the Llano Subdivision Park area requesting their input for naming the park in that vicinity. Several names were considered by the Parks and Recreation Commission and "Caterpillar Park" had been selected Mrs. W. Fahl, 7296 Calcutta Ct., was present and presented to the Council a petition signed by residents in the Llano Subdivision Park area in support of the name of Caterpillar Park. (Petition.is attached to original copy of these minutes) Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, Caterpillar Park was designated as name of the park in the Llano Subdivision area. Page 5 August 25, 1975 Youth Advisory Panel City Manager Callinan informed the Council that the Youth re "Safety Town" Advisory Panel had made their recommendation, as requested by the.Council, regarding the contribution of $100.00 from Mr. James Grossi. The Youth Panel proposesto use the money for a "Safety Town" project; for instructing small children in the various aspects of safety with regard to bicycles, autos, pedestrians, school bus, etc. Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, the Council accepted the recommendation of the Youth Panel for using the $100.00 contribution of Mr. Grossi for a Safety Town project. Golf Course City Manager Callinan introduced Golf Pro William Ross Report to the Council. Mr. Ross gave an up -to -date report on the progress of the golf course citing the increase in revenue and membership, the installation of the sprinkler system, the increase in women participants, good driving range, putting green and increased inventory.in the pro shop as examples of this progress. Mr. Ross offered several recommendations for further improve - ments to the course. He specified several safety features that he would like to-see installed, namely some installation of screens on several of the tees, the addition of two chipping greens and a sand trap where the old first tee used to be, for practice area. He also recommended landscaping around the rest rooms, and some cart paths, changing tournaments.starting times, and discussed the parking situation, proposed bowling alley and lighting around the pro shop Mr. Ross indicated that there should be an increase in the fee structure and Councilman Flores stated that this would be considered by the Council within the next month or so. The Council thanked Mr. Ross for his presentation. Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, Council approved the pro- rating of the annual -green fees for the golf course for the balance of the year. Brazil Lawsuit City Manager Callinan advised the Council of an amendment Amendment to his lawsuit filed by Mr. Brazil. Copies of the amendment were presented to the council members. Mr. Callinan stated the matter has been referred to the City's insurance, agent, insurance carrier-and the law firm engaged by,the City's insurance carrier for handling. Jim Eagan's Boat City Manager Callinan referred the Council to their copy of City Engineer Brust's memo concerning the purchase of Jim Eagan's boat by the City for the amount of $200.00. The boat will be used in the wastewater treatment pond. ..Mr. Callinan informed the Council that the recent readings from the wastewater treatment facility have been very good. Water Storage Tank No. 3 Alicia Pool Heater My School Fire Page 6 August 25, 1975 City Manager Callinan, referring to his memo of August 21st to the Council, indicated that the Planning Commission had held a hearing on the placing of water storage tank No. 3 at the site of Well No. 8 in the area south of East Cotati Ave., adjacent to the railroad tracks. Because of many citizen complaints regarding the choice of site, the Planning Commission had decided to require an environmental impact report on this proposed project. Mr. Callinan thought that perhaps the Council might wish to reconsider the location of the tank placement before expending the considerable amount of money required for an EIR. Discussion followed with all councilmen and Mr. Callinan participating. Upon motion of Councilman Flores, seconded by Councilman Smith and unanimously approved, Council directed staff to consider alternate methods of relocating the water storage tank in "L" section. Councilman Eck indicated that he felt that other areas should be investigated for construction of this water storage tank. Mayor Hopkins rr'ro e.t era thal mitto be appoint -e to .auy v.. ..vrri�.a.aao ."�u�jgco�.cu �. aaa �,. a coliuu.�. �, �,ve ice: uNrvs.a. �. �... a.v be comprised of Councilman Beary, Mayor Hopkins with possibly one member of the Planning Commission to study alternate locations and methods of locating water storage tank No. 3. The Council concurred. City Manager Callinan informed the Council of recent problems with the Alicia Pool heater and certain repairs needed to keep the heater in operation, specifically new heat exchangers costing approximately $1,000 - $1,200. Mr. Callinan wanted Council to be aware of this unforeseen expenditure. City Manager Callinan directed the Council's attention to the recent fire at My School which had closed that facility temporarily.- .Mr. Callinan stated that Mr. Williams of My School had talked with him indicating that the school should be back in operation within 60 days, but in the meantime requested the loan from the City of some chairs and other equipment for use until their new facility is completed. The Council indicated willingness to assist in complying with Mr. Williams' request. Recreational Cultural City Manager Callinan informed the Council of recent Complex developments in the City possibly acquiring a section of property north of Copeland Creek on Snyder Lane, adjacent to the proposed site of the Recreational Cultural Complex. Mr. Callinan indicated this was a. small section of land surrounded by City owned property. The owners had been approached with a view of buying the property but had requested some $60,000 which Mr. Callinan considered to be an exorbitant amount of money for this property. Mr. Callinan suggested that the City expend approximately $800.00 to get an appraisal on the land and then decide whether or not to move ahead with the condemnation proceedings. Discussion followed. Page 7 August 25, 1975 Upon motion of Councilman Smith, seconded by Councilman Beary, and approved by the following roll call vote, Council approved the expenditure of'$800.00 for an appraisal'` of that parcel of land immediately north of Copeland Creek on the west side of Snyder Lane. AYES: (3) Councilmen Beary, Flores and Smith NOES: (2) Councilman Eck and Hopkins Santa Dorotea City Manager Callinan discussed briefly with the Council Circle Lot the lot on Santa Dorotea Circle which had been acquired by the City for open space. Mr. Callinan asked for the Council's thoughts on possibly selling the lot at this time, because it is not too useful for open space because of the raised green adjacent to it, but it is well 'situated - for residential use with a view of the golf course. Council - requested Mr. Callinan to place the matter on the agenda for the next meeting. Well Problems City Manager Callinan informed the Council that staff was experiencing some problems with wells No. 1 and 2, in that there had been a considerable drop in water production. An inspection had been made by well drillers and a representative from the State who is currently conducting - the water ground study. At this time well No. 11 has been shut down in order to see if the other two wells will normalize. Mr. Callinan will keep the Council informed as to results of this study. He advised that Well No. 1 pump would be lowered approximately' ,40 feet. City Manager City Manager Callinan stated that he would like to take some Pro -Tem vacation time and requested that the Council approve his appointment of Mr. Bob Albright as City Manager Pro -Tem during his absence. Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, Asst. to City Manager Bob Albright 's appointment as City Manager Pro -Tem during the absence of Mr. Callinan was " - approved. Roberts Aguirre City Attorney Flitner advised the Council that the pending Lawsuit lawsuit against Roberts & Aguirre concerning handling of sewer service should be settled in approximately 60 days. Community Clean 1. Councilman Flores gave a'report'on Community Clean -Up Day Up Day on August 30th. Mr. Flores stated a notice had been placed in the local newspaper for residents wishing to have large items hauled away, i. e. , heaters, washers, autos, etc; a clip -out section had been provided in the ad for residents to fill in their name and address and mail in, should they desire this service provided by 'city crews. Mr. Flores was hopeful that.all residents would take this opportunity to clean out their garages, yards and homes, and that large bins will be located in shopping centers for dumping purposes. Southwest Blvd. Widening Project 1975 -12 Complementary Passes for Commission Members Page 8 August 25, 1975 Councilman Eck queried City Engineer Brust as to the completion date of the Southwest Blvd. Widening project. Mr. Brust stated this project should be completed within 30 days. Counci'lman:Beary initiated a discussion asking if in some manner commission members, who serve the community without compensation; could be issued free passes to the swimming pools and golf course. Discussion followed with the general feeling of the council being that many residents serve the community and to initiate a precedence of issuing free passes to commission members could have far reaching consequences. Traffic bight Councilman Flores initiated a discussion quering City Engineer on Expressway Brust as to the estimated completion date of the installation of the traffic light on Expressway and Country Club Drive. Mr. Brust apprised Mr. Flores that construction was under way at this time. Don Sullivan re Mr. Don Sullivan, 343 Adele Ave., was present and recognized Letter from by the Council. Mr. Sullivan asked that a letter written llnn Yit`a },y Mn, llnn Kite he r+carl at thig point in tha maet'ingvy d -� . City Manager Callinan stated that as of this date no letter had been received by the City from Mr. Kite. Zoning Ordinance Mr. .Ian Allen of 7466 Bridgit Ave. was recognized as an re Vehicle unscheduled public appearance to relate an incident whereby Parking he had been issued a citation for parking his in excess of two ton vehicle on his residential property. Mr. Allen stated he had been given a courtesy notice with a 10 day grace period and then some five days later had been issued a citation. Mr. Allen felt he was being harassed,by the police department because of his opposition to the current: zoning ordinance. Mr. Allen requested that the council rescind the citation and also reconsider his request for granting him a variance to the zoning ordinance. City Attorney Flitner restated his legal opinion that a variance could not be granted in this instance of vehicle restriction. He reiterated that:the ordinance would have to be amended, with any exceptions stated therein. Councilman Eck queried Mr. Flitner as to whether a clause could be added to the ordinance granting a use permit to permit exceptions to the ordinance for certain instances. Mr. Flitner replied that a use permit could be written into the ordinance, but it would be a very subjective thing, i.e., a law for some people but not for others. Mr. Don Sullivan, 343 Adele Ave ;: was recognized and referred to the existing law prohibiting on- street parking at' certain °hours. - He indicated he owns four vehicles and feels this law is a hardship. Page 9 August 25, 1975 Mr. Bob Lloyd questioned the weight limitation contained in the ordinance. He stated he had a 3/4 ton pickup. City Manager Callinan advised Mr. Lloyd that under the provisions of the zoning ordinance that pick -ups were exempt. Mr. Ed Lancaster, 407 Alta Ave., stated that he had a 3/4 ton truck and had received so many courtesy notices that he had sold the truck. Mr. James Blankenship stated that he owns a 1 1/2 ton truck and that he had been cited on 2 or 3 occasions. Mr. Blankenship queried the Council as to how the tonnage and weight rate was determined in issuing courtesy notices and citations. City Manager Callinan responded that it must be left to the judgment of the police officer, and since the ordinance is not entirely clear as to weight and tonnage evaluation, the City relies on the judgment of the police officer on duty. Mr. Art Hollingsworth, 735 Bonnie Ave., spoke on behalf of Mr. Allen concerning his citation and asked if the Council could in some,manner rescind Mr. Allen's citation in order that he would not have to go to court. City Manager Callinan stated that in no instance would City staff kill an issued citation, or "fix " a ticket. Discussion continued with all councilmen, City Manager Callinan, City Attorney Flitner and several persons in the audience participating Councilman Flores made a motion to direct staff, in the interest of justice, to terminate the citation which had been issued to Mr. Allen, because he was told he had 10 days to respond to the courtesy notice, and was then cited at the end of five days. Councilman Flores' motion died for lack of a second.. Mayor Hopkins then polled the Council as to each councilman's feelings regarding the existing zoning ordinance concerning the parking of over 2 ton vehicles in residential areas. `It was the consensus of the Council that the ordinance was not clear as written, and it was felt that the Planning Commission should again consider the ordinance and return to the Council with some alternatives. Mr. Jim hall was recognized and stated that he had attended the Council meeting at which the Council had disapproved the Planning Commission's recommendation to amend the ordinance to increase the tonnage limitation of restricted vehicles to 4 ton unladen weight. Mr. Hall asked the Council to explain why they had voted down the increased tonnage limitation. Mr. Hall was apprised that the public hearing had brought out many people who were very much opposed:;' to changing the existing ordinance. Page 10 August 25, 1975 Councilman Beary initiated a brief discussion stating that he felt there was a great deal of inequity in the existing zoning ordinance insofar as discriminating against people who own and drive large trucks. Mr. Beary indicated that he felt the ordinance should be amended. There was some discussion as to whether the ordinance could be amended by the Council. City Attorney Flitner stated that it was a State law that in order.to amend an ordinance it must be returned to the Planning Commission. Mr. Art Hollingsworth suggested.that a 60 day moratorium on the zoning ordinance be declared in order to take a practical approach evaluation of the proposed 4 tonnage limitation. Councilman Beary made a motion to introduce an ordinance that would suspend the existing zoning ordinance as it applies to the parking of trucks in residential areas for a period of 60 days. Councilman Beary's motion died for a lack of second. Councilman Smith made a motion, seconded by Councilman Eck, and approved by the following roll call vote, to review the zoning ordinance and arrive at some decision within 60 days to either let the ordinance stand or modify it. In the meantime the City Attorney would be directed to take note of this ordinance study and to take into account said study in reviewing all citations requesting court appearances for.zoning ordinance violations. AYES: (5) Councilmen Beary, Eck, Flores, Smith and Hopkins NOES: (0) None Mr. Malcolm.Hudley of 135 Alma Ave., asked about the ordinance for campers and trailers, and how it was being en-- forced. The Council responded that while there was an ordinance for compers and trailers, they had never received a complaint from a resident concerning the parking of these vehicles, on the other hand, they had received numerous complaints concerning the parking of large trucks in residential. areas. The Council further explained that the issue at hand was the zoning ordinance as it applies to over 2 tonnage limitation commercial vehicles, not recreational vehicles.' Mayor Hopkins concluded the discussion by stating that the 60 day grace period would :give everybody an opportunity to appear and make their wishes known concerning this controversial zoning ordinance of the parking of in excess of 2 tvn nom '�� n re—dent-1 - 3 areas. Page 11 August 25, 1975 Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 10°10 p.m. APPROVED: 7 ep Mayor Deputy City Clerk hv I Abe: Al allph Am have 61 PIA c CLAM e 14, , li'20 72ce d 'I �A­ Afe., c"Affic 7 vok (Inct,4u K-4, Ift r x✓m. Tv X, % *'4' jW 06 2 "Tyr 1�4 illy Qr f 4 V%v W3 4 7A4 MWO 'At 33- Sack 1Y I d eg I / 9 114" I uolw '# _41, coo u :. g q d'� � tltlll 5s enr+.e� �t�L.,.�,,..`vw..�,. dxs`..>,r:.. � � 6 &�� f 7- ��