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1975/11/24 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES November 24, 1975 The Council of the City of- Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hopkins presiding. Callao Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:00 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 Bills Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the bills presented per the attached list in the amount of $245,949.66 were approved. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any communi- cations except as noted specifically in these minutes. Election - City Manager Callinan initiated a: -brief discussion concerning Statement of a letter from the County Clerk as to whether council Qualifications candidates for the March election should be charged for the Charge Statement of Qualifications sent to voters. Upon motion of Councilman Eck, seconded by Councilman Flores, and unanimously approved, Council directed that council candidates,'be' required to pay; the printing cost for their Statement of Qualifications. Resignation of City Manager Callinan; reviewed his memo of November 20th wherein Don Kite from he advises that Mr. Don Kite has resigned his appointment to Cultural.Arts the Cultural Arts Commission. Commission Upon motion of Councilman Flores, seconded by Councilman Beary,.and unanimously approved, Council directed staff to schedule a public hearing and the appointment offered to residents of the community. Educational Funds ' Councilman Eck initiated a discussion concerning Senator for Vietnam Tunney's letter seeking support for Bill S 2145 which would Refugees, Bill make available funds for educating Vietnam refugees. S 2145 - Upon motion of Councilman Eck, seconded by Councilman Beary, and unanimously approved, Council requested a letter be forwarded to Congressman Don Clausen urging support for Bill S 2145 when it reaches the House of Representatives. Page 2 November 24, 1975 Non - Agenda Councilman Flores requested that the Council consider the Items subject of the bike path immediately west of the railroad tracks later in the meeting. Discussion followed. Unscheduled Public ,- Mrs. Mary,_Waltman representing Chamber of Commerce Board Appearances „the of Directors was recognized and stated that the Board of Directors felt that the.proposecl Recx+eation /Cultural Complex should be reconsidered by the Council and the issue should be placed on-'the March ballot: Mr. Hakel re City Manager Callinan -hated that Mr. A. F. Hakel, "882 Santa Gate onto Golf Dorotea Circle, had phoned and.asked` that his appearance ' Course be scheduled for the next meeting. Ordinance 301 AN ORDINANCE OF THE CITY OF ROHNERT'PARK REPEALING ORDINANCE NO. 35 (Rohnert Park Municipal Code.. Chapter 10, Sections 72- 010 ®72.220, inclusive, Bicycle Ordinance). City Manager Callinan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Beary, -and unanimously approved, the reading of Ordinance 301 was.:, 'ivied "and said ordinance was. adopted. Ordinance 302 AN ORDINANCE AMENDING ORDINANCE 90.'55 TO ESTABLISH PRIMA- PACIE SPEED'LIMIT ON °'ROHNERT`PARK >EXPRESSWAY City= Manager Callinan'explaaried the ordinance. Upon motion of Councilman Eck, seconded by Councilman Beary, and unanimous) y approved by the following roll call vote, the reading of== Ordinance'302'was) waived and said ordinance was 'adopted. AYES: (5) Councilmen Beary, Eck, Flores, Smith and Hopkins NOES : (0 °) None Ordinance 303 AN ORDINANCE OF'THE CITY OF ROHNERt PARK AMENDING SECTIONS :." 6.28.060;ANV6.28.080 OF THE:ROHNERT PARK MUNICIPAL CODE (SECTIONS 5.10 and 5.12 of..Ordinance No. 65, respectively) RELATING TO`THE`SALE OF IMPOUNDED ANIMALS ;City Manager.Callinan reviewed <the ordinance and his memo' to the Council dated November,20th'concerning same. Discussion followed with Councilman Flores requesting that staff add a sentence to the ordinance stating that all animals must be,sold' for domestic pets only. The Council ou concurred. with Cncilman Floras - , request A brief discussion a ensued.: regarding' fees charged for animals. . Upon motion of Councilman Beary, seconded by Councilman:Smith, >..:a ond unanimus) Y a PP roved the following roll call vote, ;;the read ing':;of Ordinance �63.was' waived and said ordinance was introduced>..: AYES: (5') Councilmen Beary, Eck;' Flores, Smith and Hopkins NOES: (0) None` Page 3 November 24, 1975 Recreation/ City Manager Callinan reviewed his memo of.November 20th with Cultural the Council concerning the proposed Recreatin /Cultural Com- Complex : "Plek. Mr. Callinan. stated that notice of the scheduled public hearing had -been placed in the local newspapers. Mayor Hopkins declared continued the scheduled public hearing on the Recreation / Cultural Complex. Councilman Smith gave a brief update of the project for the benefit of those in the audience that had not been present at previous public.,hearings. Mrs. Alice Wells, 5246 Callecita Ct., was recognized and spoke regarding the financing of the complex. Mrs. Wells stated her recent tax bill had been approximately $700 of which only $70 went to the City of Rohnert.Park. Mrs. Wells stated that she believed the_financing`of the community center of the Recreation /Cultural Complex would increase her taxes only some $20.00 per year. She strongly urged that the issue be placed on the "ballot in March. Mr. Robert Hayes, 201,A11an Ave., had some.questions to which the Council responded, stated that he was retired and that he had sustained'a large increase in his tax bill; stated that the Complex should not be placed on the ballot and should be postponed indefinitely. Mr. Alfred Collins, President of the American Association of Retired Persons, stated he did not reside in Rohnert Park but had been asked to speak for those senior citizens of the Association who did reside in the City; emphatically supported the Complex; felt that the small increase in taxes would be well worth it; hoped to see the issue on the ballot and hoped it would be approved. Mr. Harry C. Wright, .458 Ava Ave., stated in light of his recent tax bill did not believe the Complex should be constructed; suggested enlarging the existing community center. Mrs. Wanda McCulloh., 5753 Davis Circle, stated she was re- presenting the Taxpayers.Association; stated the Association was opposed to the construction of the Complex; agreed that the measure should be placed on the ballot. Mr. Richard Perina, 7521 Adrian Drive, was interested in knowing what organizations felt the existing community center was insufficient for the City's needs. The Council responded that current bookings showed the existing facility to.be too small. Mr. Perina opined the Council should make the decision and not place the issue on the ballot in March. Mr. Rich Smith, 495 Arlen Drive, noted that there would be no cost incurred in placing the measure on the March ballot; felt that the residents should make the decision on the Complex, not the Council. ..Mr. George Nechak,'7434 Adrian Drive, stated the Council should disregard the comments of Mr. Collins because he is not a resident of Rohnert Park. gage; .4 November 24, 1975 Mr. Collins reiterated that he was -a spokesman for the T.American Association of Retired Persons and was speaking for those members that resided in the City. Mr. Harold Berkemeier, 564 Anson Ave.g commented that he enjoyed the.facilities'of the community center even though it is crowded,.at..times; feels the measure should be placed on the March ballot. Trudy Halpert,:_1A50 Camino Coronado, stated she was a member of R.S.V.P, -4pO} felt Rohnert Park needed a larger community facility.. Ruth "Herald, 7684 Bonita Ave., felt that .a greater need existed for a hospital facility and /or.medical center than a Recreation /Cultural Complex; felt the existing community center was adequate for the needs of the City; indicated the issue should to on the March ballot. James Gragg, 7,408 Brenda Way, was opposed to a centralized recreational center, expressed the opinion the issue should be placed on the ballot so everyone would be aware of the intent of a new recreation f . � a%i.,i i 11 t,y . Mr. Randy Hiseley,:560.LaCro8se Ct., noted that Rohnert Park is a growing community and very shortly a new recreation facility will be. needed and`�the cost of building same will be considerably higher; stated the issue should be placed on the ballot.,in March. There being no;other person desiring to speak, Mayor Hopkins declared the public hearing closed.:.; At this point Mayor Hopkins polled the councilmembers with each expressing his opinion and comments regarding the proposed Complex and placing the measure on the March ballot. Mr. Sharrod Davis, Bond Counsel'of Wilson, Jones, Morton and Lynch was present and stated it-order for the issue to be on the March, ballot a decision by'the Council must be made at this meeting. Discussion followed. Resolution 75-230 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE•ACQUIS'ITION,`CONSTRUCTION AND COMPLETION OF A CERTAIN MUNICrPAL:IMPROVEMENT, COMMUNITY RECREATION CENTER City Manager Callinan explained the resolution. Upon motion,o£ Councilman Flores, seconded by Councilman Smith,_ and %Anan."j1vus'1.y. approved by ''the following roll call vote, the reading of Resolution 75- 230.was waived and said resolution was adopted. AYES: .,;(5.) Councilmen Beary', Eck, Flores, Smith and Hopkins NOES: (0) None ` Page 5 November 24, 1975 Councilman Flores stated that the resolution should be viewed as a project of affordability. Councilman Smith stated that the action of the Council should be a welcome sign to residents and that future projects should be put out to vote. Ordinance 304 AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION IN THE CITY OF ROHNERT PARK FOR,THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY A PROPOSITION FOR THE INCURRING OF A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND .COMPLETION OF A CERTAIN MUNICIPAL IMPROVEMENT: DECLARING THE ESTIMATED COST.OF SAID IMPROVEMENT, THE AMOUNT OF THE PRINCIPAL OF SAID-INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID THEREON: FIXING THE DATE OF SAID ELECTION, PROVIDING FOR THE CONSOLIDATION OF SAID SPECIAL MUNICIPAL ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 1976, AND PROVIDING FOR NOTICE THEREOF, COMMUNITY RECREATION CENTER`! City Manager Callinan explained the ordinance. Upon motiori of Councilman Eck, seconded by Councilman Smith, and approved by the following roll call vote, the reading of Ordinance 304 was waived and said ordinance was introduced. AYES: (4) Councilmen Beary, Eck, Flores and Smith NOES: (0) None ABSTAIN: (1) Mayor Hopkins Resolution 75 -231 A RESOLUTION APPROVING A BOND PROPOSITION FOR SUBMITTAL AT 'AN ELECTION TO BE HELD ON MARCH 2', 1976,IN THE CITY OF ROHNERT PARK City Manager Callinan explained, the resolution. Upon motion of Councilman .,Smith, seconded by Councilman Flores, and approved by the following roll call vote, the reading of Resolution 75 -231 was waived and said resolution was adopted. Recess At this point in the meeting Mayor Hopkins declared a recess, the time being approximately 8..:40 p.m.. Reconvene Mayor Hopkins reconvened,the meeting at approximately 8:50 p.m. with all councilmembers present. Golf Course Tees City Manager Callinan reviewed his memo of November 20th for Holes concerning golf course holes 4 and 6; stated he had advised: 4 and 6 the Golf Course Committee (Councilmen Flores and Eck) of staff's recommendation and that staff is working on the project and currently attempting.to get some.. dirt for fill. Municipal City Manager Callinan advised that Mr. Tom Feeney was present Liability to comment on various municipal liability insurance issues Insurance that will be discussed by an Assembly Committee hearing to —be held December 5th. November 249 1975 Mr. Feeney discussed his letter of November 21st to Mr. Callinan with the Council clarifying comments made Herein. Discussion followed. Councilman :Smith recommended that the City set up a group committee to evaluate the City's loss liabilities to see if there are ways the could be y y prevented in the future; qlsc.,; to audit liabilities incurred annually, and ascertain what could be done to mitigate future exposures t& liability losses.' Mr. Callinan responded that Rohnert Park was not large enough for a risk manager and-staff attempts to watch danger areas closely. Mr. Feeney advised that the City has a very `low loss factor history compared to other cities of like size.: Council requested that a letter.be prepared over the Mayor's signature,9 incorporating Mr. Feeney's comments and suggestions, and forwarded to-the Assembly Committee holding the hearing on municipal liability insurance on December 5th.~ Mr. Feeney indicated that,he was going to attend the hearing. Self Insurance City Manager Callinan informed the Council that several city Plan managers in the county were becoming interested`in workmen's compensation and liability self insurance.. Mr. Callinan directed the Council's attention to a.plan presented to them and asked that they take the opportunity to familiarize themselves with it. Employee /Commission City Manager Callinan advised that one appreciation affair Appreciation would be held this year for employees, commission members and Affair volunteer reserves, to be held December 12th at Rancho Verde Mobile Home Park in the Recreation Building. Public Works City Manager.Callinan stated that staff had decided to drop Pickup the Public,.�Torks pickup item from consideration"at this time. Scout Hut City Manager Callinan gave a brief update on the status Update of the Scout Hut, advising that rock, pipe and labor had been donated;' foundation had been ".poured; and over $5,000 in contributions had,:been received. Easements in .,City Manager Callinan referred to his memo of November 20th Country Club' wherein`he'discusses some drainage easements which were not Estates Subdivi- recorded on the final map for Country C1ub.Estates Subdivision sion 2A and 2B, as.well as a resident who had incurred an. additional $100.00 expense in constructing a swimming pool because of the.drainage' easement.' M. Hudis & Assoc.; who prepared the final map for this subdivision, has forwarded a check to the City in this amount. Mr. Callinan asked for Council'approval,.tq endorse the check over t,o °the resident. The Council concurred. Councilman Beary queried staff concerning some 'manholes in the sidewalk area on Davis Circle. City Engineer Brust stated the manholes should be cemented around when the`'sidewa.lks are completed, and that concrete covers could bC` placed over . th'e`manholes`in lieu of the existing metal covers. Mayor Selection CITY OF ROHNERT PARK IN ANNEXATION PROCEEDINGS KNOWN AS ANNEXATION NUMBER 6 WAS DUE TO EXCUSABLE NEGLECT City Manager Callinan explained the resolution. Upon.motion of - Councilman Eck,.seconded by Councilman Beary, and unanimously,approved, the reading of Resolution 75 -232 was waived and said resolution was adopted. City Manager Callinan, referring to his November 20th memo, initiated a discussion concerning a proposed ballot proposition in the March election to determine whether the Mayor should be selected by the Council or elected by the people. Discussion followed. Upon motion of Councilman.Smith, seconded by Councilman Flores, and approved by the following voice vote, the Council dropped the matter concerning selection of Mayor. AYES: (4) Councilmen Eck, Flores, Smith and Hopkins NOES: (1) Councilman Beary Page 7 November 24, 1975 Rancho Sonoma Park- City Manager Callinan reviewed his memo of November 20th Site concerning the'Rancho Sonoma Park site configuration. Upon motion, of Councilman Beary, seconded by Councilman Smith, and unanimously approved, Council approved in'concept the change in site and configuration of Rancho Sonoma Park subject to staff returning to Council with a final agreement from the developers. Myrtle Avenue City Manager Callinan informed the Council that the City had been outbidded on the 20' x 738' section of land from Myrtle Avenue to Ladybug Park; the City is protesting the sale and Js prepared to offer the successful bidder the price paid ($25.00) in exchange for a drainage easement across the property. Purchase of New Councilman Smith requested that a memo from Chief Dennett Patrol Vehicles concerning purchase of new patrol vehicles be placed on the next agenda for discussion. Downzoning City Attorney.Flitner cited a State Supreme "Court case Decision decision which declared that "downzoning" does not constitute the taking of property. Annexation No. 6 City Manager.Callinan briefly discussed City Attorney Cotati Fire Flitner`s letter of November 20th wherein he discusses certain Protection ,properties which should have been detached from the Cotati District Fire Protection: District and the possibility of rebate to Detachment those property owners for paid property taxes. Mr. Flitner did not feel the City would be liable for the proposed rebates, and presented a resolution for Council consideration. Resolution 75 -232 A RESOLUTION OF THE CITY OF ROHNERT PARK FINDING AND DETERMINING THAT THE FAILURE TO DETACH CERTAIN PROPERTIES LOCATED WITHIN THE COTATI FIRE PROTECTION DISTRICT FROM THE COTATI FIRE PROTECTION DISTRICT AND INCLUDE THEM WITHIN THE Mayor Selection CITY OF ROHNERT PARK IN ANNEXATION PROCEEDINGS KNOWN AS ANNEXATION NUMBER 6 WAS DUE TO EXCUSABLE NEGLECT City Manager Callinan explained the resolution. Upon.motion of - Councilman Eck,.seconded by Councilman Beary, and unanimously,approved, the reading of Resolution 75 -232 was waived and said resolution was adopted. City Manager Callinan, referring to his November 20th memo, initiated a discussion concerning a proposed ballot proposition in the March election to determine whether the Mayor should be selected by the Council or elected by the people. Discussion followed. Upon motion of Councilman.Smith, seconded by Councilman Flores, and approved by the following voice vote, the Council dropped the matter concerning selection of Mayor. AYES: (4) Councilmen Eck, Flores, Smith and Hopkins NOES: (1) Councilman Beary United Nations Mayor Hopkins initiated a discussion regarding the,recent Vote on Zionism vote in the United Nations with regard'too'Zloaism.: Mavor Hopkins requested the Coundil's consideration'of a resolution of concern in this connection. Resolution 75 -233 RESOLUTION EXPRESSING CONCERN OVER THE UNITED', NATIONS VOTE CONCERNING ZIONISM Mayor Hopkins explained the resolution. Upon motion of Mayor Hopkins, seconded by Councilman Beary, and unanimously approved by'the following roll ca'11 vote, Resolution 75 --233 wa`s' adopted by title. AYES: (5) Councilmen Beaty,-Eck, Flores, Smith and .. :::. _ NOES: (0) None Hopkins Circulating Councilman Eck:a:dvised that he had received a phone call just Petitions prior to the meeting by a resident who stated he had been presented =oiith a petition.to sign which "would lower his .taxes". lh- ,,`reality the petition was a movement to recall Supervisor`Kortum Councilman Eck was concerned that residents are not being informed as to the type of petition they are being asked to sign. Discussion followed with City 'Attorney Flitner stating that people are ,entitled to know exactly what they are sign - ing,.and further indicated that he would research to whom residents might seek redress, should they wish to do so, and report at the next�meotingo' Restricting Councilman Smith initiated a discussion stating the Planning Parking of Commission!at their next meeting was going to hold a hearing Recreational on:.possibie restriction of parking of recreational vehicles, vQt,; .,ti ..e.. • �.�,.r.cles and that residents have expressed the feeling that this meeting was scheduled during Thanksgiving week so attendance would'be` minimal. He suggested the Mayor discuss this matter with the Planning Commission Chairman. Discussion followed. Page 8 November 24, 1975 City Official Councilman Eck initiated a discussion concerning that Expenses section of Resolution 278 pertaining to expenses of City officials. Councilman Eck opined that the policy should be tightened,up particularly in the area of food, lodging and miscellaneous expenditures. Councilman Eck requested that this matter be placed on the next agenda for discussion. Discussion followed with 'ail councilmembers participating. It was suggested that Councilman Eck submit his suggestions for a° reprised policy. Support for Councilman Eck,-read a 'statc4nent concerning the proposed Supervisor Hinkle. recall: movement for Supervisor Charles Hinkle. A copy of Councilman Eck's statement is attached to these minutes. United Nations Mayor Hopkins initiated a discussion regarding the,recent Vote on Zionism vote in the United Nations with regard'too'Zloaism.: Mavor Hopkins requested the Coundil's consideration'of a resolution of concern in this connection. Resolution 75 -233 RESOLUTION EXPRESSING CONCERN OVER THE UNITED', NATIONS VOTE CONCERNING ZIONISM Mayor Hopkins explained the resolution. Upon motion of Mayor Hopkins, seconded by Councilman Beary, and unanimously approved by'the following roll ca'11 vote, Resolution 75 --233 wa`s' adopted by title. AYES: (5) Councilmen Beaty,-Eck, Flores, Smith and .. :::. _ NOES: (0) None Hopkins Circulating Councilman Eck:a:dvised that he had received a phone call just Petitions prior to the meeting by a resident who stated he had been presented =oiith a petition.to sign which "would lower his .taxes". lh- ,,`reality the petition was a movement to recall Supervisor`Kortum Councilman Eck was concerned that residents are not being informed as to the type of petition they are being asked to sign. Discussion followed with City 'Attorney Flitner stating that people are ,entitled to know exactly what they are sign - ing,.and further indicated that he would research to whom residents might seek redress, should they wish to do so, and report at the next�meotingo' Restricting Councilman Smith initiated a discussion stating the Planning Parking of Commission!at their next meeting was going to hold a hearing Recreational on:.possibie restriction of parking of recreational vehicles, vQt,; .,ti ..e.. • �.�,.r.cles and that residents have expressed the feeling that this meeting was scheduled during Thanksgiving week so attendance would'be` minimal. He suggested the Mayor discuss this matter with the Planning Commission Chairman. Discussion followed. Page 9 November 24, 1975 Bike Paths Councilman Flores requested that the bike path immediately west of the railroad track be placed on the agenda for the next meeting. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 9:50 p.m. Deputy City C erk \s very divisive and emotional with long periods of time required to heal the wounds. Therefore, I consider recall to be a very severe and drastic measure to be undertaken only against an individual guilty Of gross misconduct and then only when no other alternatives are available. am opposed to the recall of Supervisor Charles Hinkle. Although I am distressed at the impact of our county taxes, I think the Board of Supervisors made an honest attempt to keep the budget down at a time when increasing inflation, recession and increasing demands for services are hurting all of us. For those that feel not enough was done to trim the budget, I suggest that this is an ideal campaign issue to raise in the June primary and should not be handled by a recall that will divide and polarize this county.