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1976/01/12 City Council Minutes., .. ROHNERT PARK-,CITY COUNCIL,MEETING January 12, 1976 The _Council of the City of Rohnert Park met this date in regular session commencing at 7:15 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hopkins presiding. The regular session was preceded by an executive session which commenced at 7:00 p.m, and at which all councilmen and City Manager Callinan were present, and which was held to discuss personnel and litigation matters. Call to Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:15 p.m. and led,the pledge of allegiance. Roll Call Present:; (5) Councilmen Bear' 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 Invocation Monsignor George Shirle of St. Joseph's Church, Cotati., offered an invocation prayer for the new year. Approval of Minutes Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved,.the minutes of December 22, were approved as submitted. Approval of Bills Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, the bills presented per the attached list in the amount of $189,968.94 were approved. This amount includes $6,918.75 for the Civic Commission. Communications 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. Raymond H. Lummus City Manager Callinan initiated a discussion regarding the Resignation from resignation of Mr. Raymond H. Lummus from the Parks and Parks'andRecreation Recreation Commission. Commission Upon motion of Councilman-.Smith, seconded by Councilman Beary, and unanimously approved, the Council accepted the resignation of Mr. Raymond H. Lummus from the Parks and Recreation Commission and directed that a.letter of appreciation for Mr. Lummus services to the City, over the Mayor's signature, be forwarded to him, Mr. Callinan re4uested` the press to take note of the vacancy so that anyone in the community interested in serving on the Parks and Recreation Commission might apply. Census Results Non - agenda Items Unscheduled Public Appearance Mrs. Alice Wells for Cultural Arts Corporation Page 2 January 12, 1976 Councilman Eck initiated a brief discussion referring to a letter from the State Department of Finance giving recent census results. Councilman Eck was interested in knowing if the census was taken on a county -wide basis; and requested • resolution petitioning the County Board of Supervisors for • change in supervisorial district boundaries based on the census to be placed on the next agenda. The Council had no objections. There was no one wishing to duscuss a non - agenda item. There was no person in the chamber wishing to make an unscheduled public appearance. Mrs'. Alice Wells, President of the Rohnert Park Cultural Arts Corporation gave an.update on plans being "formulated for the Bicentennial. Mrs. Wells stated the plans are being centered around Founders Day; stated the Bicentennial Committee wanted to proceed in such a manner as to act as a coordinating committees invited Mayor Hopkins to attend the upcoming Thursday night meeting, if possible. The Council asked several questions of Mrs. Wells regarding plans of the Committee and thanked her for her presentation. Maureen Anthony - Ms. Maureen Anthony was not present at this time, Mayor Commission on the Hopkins stated should Ms. Anthony arrive later in the Status of Women meeting the Council would be pleased to hear her presentation. Ordinance 306 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 6.08 OF THE ROHNERT PARK MUNICIPAL CODE (Control of dog runs in residential areas) City Manager Callinan explained the ordinance. Upon `motion of Councilman Flores, seconded by Councilman Smith, and approved by the following roll call vote, the reading of Ordinance 306 was waived and said ordinance was adopted. AYES: (5) Councilmen Beary, Eck, Flores, Smith and Hopkins NOES: (0) None Ordinance 307 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 15.40 OF THE ROHNERT PARK MUNICIPAL CODE (Construction Fees) City Manager Callinan reviewed the ordinance and his memo to the Council' dated January 8th concerning same. Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, the reading of Ordinance 307 was waived and said ordinance was introduced. Agreement for City Manager Callinan referred the Council to his memo of Operation of January 8th wherein he discusses extending the lease agree - Golf Course ment with Roy and Connie Smith for the operation of the golf Restaurant course restaurant. Mr..Callinan advised that the expected lease agreement had not been received until just before the meeting and requested that this matter be put over until the next meeting. The Council concurred. Page 3 January 12, 1976 Resolution 76--01 RESOLUTION SETTING RATES FOR ROHNERT PARK MUNICIPAL GOLF COURSE City Manager Callinan reviewed the,resolution and his memo to the Council dated January 8th concerning,-same.. Discussion followed with councilmembers quering Mr. Callinan regarding hours of play and rate structure of fees as outlined in the resolution. Upon motion of Council.man•Smith,,seconded by Councilman Flores, and approved by the "following,roll call vote, the reading of Resolution 76 -01 was waived and said resolution was adopted. AYES: (4) Councilmen Beary, Eck, Flores and Smith NOES: (1 ") Mayor Hopkins Resolution 76 -02 RESOLUTION ACCEPTING EASEMENT DEEDS, Accepting Certain Storm Drain Easements (Country Club Estates Area) Resolution 76 -03 City Manager Callinan explained the resolution. Upon motion of Councilman Beary, seconded by Councilman Smith, and.`un_ animously approved, the reading of.Resolution 76 -02 was.waive'd and said resolution was adopted >. RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH COTATI RE. SEWER SERVICE City Manager Callinan explained the proposed resolution and reviewed the letter from the City of Cotati requesting an amendment to the existing sewer agreement, copies of which had been presented to councilmembers. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved, the reading of Resolution 76 -03 was waived and said resolution was adopted. Resolution 76 -04 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 7 PROJECT NO. 1956 -1, ASSESSMENT NO. 8.246.1.1 -1 City Manager Callinan explained the proposed resolution, referred to his memo of January 8th and his comments made therein; referred to a map on display showing the area of the assessment split. .-Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, the reading of Resolution 76 -04 was waived and said resolution was,.a.dopted. Appointment to City Manager Callinan advised the Council that because of the Rohnert Park resignation of Mr. Don Kite a public hearing had been Cultural Arts scheduled to consider an.appointment to the Cultural Arts Commission Commission; notice of said public ,hearing having been made known to the community via several articles in the local newspapers. Page 4 .January 12, 1976 Mr. Callinan .further stated several vacancies are ',• available on the Board of Directors of the Cultural Arts Corporation, and all applicants should be encouraged to apply thereto, and that Fact Sheets of the applicants had been made available to the Council. Mayor Hopkins declared open the scheduled public hearing for appointment to the Rohnert Park,Cultural Arts Commission. Mr. Michael J. Edridge, Mrs. Linda Johnson and Mrs. Hope Griffiths,.applicants for the appointment, were present and each spoke briefly concerning their experience, background and qualifications for serving on the Commission. Mrs. Alice Wells, President of the Rohnert Park Cultural Arts Corporation and Chairman of the Cultural Arts Commission clarified for the applicants the difference between the Cultural Arts Corporation and the Cultural Arts Commission. There being no other person desiring fb: speak, Mayor Hopkins declared the public hearing closed. Councilman Smith made a motion, seconded by Councilman Flores. and approved by the following roll call vote, to appoint Mr. Michael J. Edridge to the Cultural..Arts Commission and direct a letter, over the Mayor's signature, to the Board of Directors of the Cultural Arts Corporation requesting consideration of Mrs. Linda Johnson and Mrs. Hope Griffiths for appointment to that body. AYES: (4) Councilmen Eck, Flores, Smith and Hopkins "NOES: (1) Councilman Beary Mayor Hopkins thanked the applicants for their interest in serving the Rohnert Park community. File 0350 = City Manager Callinan read the proposed amendment to the Amendment to ordinance ;stated that notice of the public hearing had been Zoning Ordinance published in the local newspaper; suggested that the words for Parking of "camping and travel" be inserted prior to the word - "traitors ": Vehicles in Residential Areas The Council requested City Attorney Flitner to clarify the amendment, which he did. Mayor Hopkins declared open the scheduled public hearing on File 0350, Amendment to Zoning Ordinance for Parking of Vehicles in Residential Areas. Mr. Chuck Grinnell, 175 Arlen Drive, was recognized and opined that the language was too broad in the amendment and did not address itself to`.the noise element of large trucks in residential areas. Also felt that the word "commercial" vehicles should be inserted. Mr. Victor Kinkade, 272 Adele Ave., was recognized and approved of the amendment; felt it was a definite step in the right direction. Page 5 January 12, 1976 Mrs.: Gene Conant, 383 Bruce Ave., was recognized and expressed . displeasure with the ordinance in general; .felt a resident should be able to park.any vehicle in their driveway. There being no other person desiring to speak, Mayor Hopkins declared the public hearing closed. Ordinance 308 A14 ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING SECTION 1 OF ORDINANCE.NO. 235 (1974) AS IT AMENDED SECTION 9.411 OF ORDINANCE NO. 63 (1965) - PROHIBITIONS FOR CERTAIN VEHICLES IN RESIDENTIAL ZONES City Manager Callinan explained the ordinance. Upon motion of Councilman Smith; seconded by Councilman Beary, and approved by the following roll call vote, the reading of Ordinance _308 was waived,, and said ordinance was intro- duced with one correction, namely, the insertion of the words 11camping and travel" before the word "trailers ". AXES: (5) Councilmen Beary, Eck, Flores, Smith and Hopkins NOES: (0) None Establishment of City Manager Callinan referred the Council to his memo of Agricultural January 8th and comments made therein concerning establish - Preserves merit of agricultural preserves. The consensus of the Council was to take no action 'at' this time. File 0397 City Manager Callinan referred to 'a displayed parcel map Cofego Enterprises submitted by Cofego Enterprises to create parcels in the Parcel Map area of Hunter Drive and Commerce Boulevard and on Enterprise Drive, and mentioned the Council's request that all parcel maps be submitted to it for approval. Discussion .followed. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, the Council granted approval to File 0397, Cofego Enterprises Parcel Map. File 0427 City Manager. Callinan informed the Council of requested final Country Club map - approval for the Country Club Pines subdivision located Pines on the southeast corner 'of Rohnert Park.Expressway,and Country Club Drive; and reviewed his comments concerning same in his memo of January 8th and pointed outthe final map on- display. Discussion followed. Mr. David Firestone representing Country Club Pines was present and answered questions from councilmembers concerning the project; specifically indicat- ing the.tot lot recreation facility would be completed prior to building of the units. Upon, motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, the Council approved File 0427, Final Map Approval•. for., country Club Pines Subdivision, authorized the Mayor tpexecute an appropriate subdivision. agreement, with the understanding the City is not guaranteeing sewer and water service.to the lots in the subdivision. . Page 6 January 12, 1976 File 0444 - City Manager Callinan stated that Mr. Don Laidlaw representing Sonoma College Sonoma College Investors was present and wished to make a Investors presentation concerning the proposed annexation of certain lands east of Rohnert Park. File 0418 - EIR Qantas Development Corporation 1976 Summer Youth Employment Program Mr. Laidlaw was recognized and referred councilmembers to his letter to the Council dated. January 5th, and discussed several statements contained therein. Mr. Laidlaw asked for Council comments and indicated that at this point his investors would like some feeling from the Council as to whether they should proceed with their plans. Discussion followed with the councilmembers, City Manager Callinan, City Attorney Flitner and Mr. Laidlaw commenting on restrictive easements or dedication, open space usage, agricultural usage, etc. Councilman Flores made a motion that Council accept Sonoma College Investors annexation'to City concept as a starting point, utilizing guidelines set forth in Mr. Laidlaw's letter of January 5, 1976, and return to staff with a definite proposal for Council consideration. Councilman Beary seconded the motion which was approved by the following roll call vote. AYES: (4) Councilmen Beary, Eck, Flores and Smith NOES: (1) Mayor Hopkins Councilman Smith made a motion, seconded by Councilman Beary, and approved by the following roll call vote, that the Council state its position as being in favor of outright dedication of the open space rather than an easement with regard to the Sonoma College Investors land, at this time. AYES: (4) Councilmen Beary, Eck, Flores and Smith NOES: (1) Mayor Hopkins Mayor Hopkins stated for the record that he was concerned about annexation being considered in a piece -meal manner. It was his feeling that all property owners wishing to annex to the City should be presented in one package. City Manager Callinan informed the Council that because of a new law EIRs must be considered by the City Council as well as the Planning Commission. Concerning the EIR for the proposed Qantas Development Corporation in an area south of East Cotati Avenue, the Planning' Commission took no action on this matter at its last meeting. 'Mr. Callinan suggested that the scheduled public hearing he opened and continued until the February 9th meeting. Mayor Hopkins declared open.the scheduled public hearing on File 0418 ° - EIR for the proposed Qantas Development Corporation development in the area south of East Cotati Avenue, east of the Northwestern Pacific Railroad. There being no one desiring to be heard, Mayor Hopkins declared the public hearing continued until February 9, i976. City Manager Callinan referred the Council to a letter from Mr. Rusk who is the coordinator for the Summer Youth Employment.Program,,copies of which had been presented to each councilman. Recess Reconvene Spivock Land for Open Space Project 1974 -11 Northwest Improve- ment Project Publications in Spanish for Elections Page 7 January 12, 1976 Mr. Rusk and Mr. Rick Smith were present and Mr. Smith spoke briefly about the program stating ,they were hopeful that the office would be moved to Rohnert Park this summer as it would' be more centrally located, also,due to the fact that .the Cotati employment office is understaffed the YES people felt they were spending too much time with inquiries other than those for the youth program. Mr. Smith stated rfurther that the two people administering the youth program used their own vehicles and would like a state car if possible or reimbursement for mileage. Discussion followed with Councilman Flores suggesting the Junior High School site for the program during the 1976 summer months. Mr.'Callinan. suggested including in the program's budget reimbursement funds for mileage to the students. Upon motion of Councilman.Flores,, seconded by Councilman Beary, and unanimously approved, Council approved an alloca- tion of $691 to the Youth Employment Program for the 1976 summer program. At this point in the meeting Mayor Hopkins declared a recess the time being approximately 9 :00 p.m. Mayor Hopkins reconvened the meeting at approximately 9:10 p.m. with all councilmen present. City Manager Callinan reviewed his comments contained in his memo of January 8th to the Council concerning recent developments in the proposed acquisition of the Spivock land for open space. City Manager Callinan gave.a staff report update on Project 1974 -11 which represents formation of an assessment district for extension of sewer mains and water` mains, development of a water,well, to an area north of the golf course. City Engineer Brust indicated the proposed path of the sewer mains on a displayed map. Discussion followed with all councilmembers participating. Mr. Callihan stated further discussions on this project would be held at the next Council meeting with the property owners requested to be present. City Manager Callinan reviewed with the Council the recent law whereby publications for an election must be printed in Spanish as well as English. Discussion followed with councilmembers discussing the costs involved to the City as well as the candidates running for the upcoming March election; the very low percentage of Spanish speaking r8�itc „n CAnntna (,ounty_particularly in Rohnert Park -and their overall feeling that the law is not only ridiculous but could conceivably prohibit well qualified people from running for public office. Sewer Situation Update Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved, the Council approved the appointment of Michael Daley as City Treasurer on an interim basis. City Manager Callinan and Citv Engineer Brust gave an update on the City's current sewer situation and plans to petition the Water Quality Control Board for additional interim capacity until plans are completed to connect to the Santa Rosa Wastewater Treatment Plant. Page 8 January 12, 1976 Councilman Eck made a motion, seconded by Councilman Flores, that appropriate letters be directed to state officials and Senator Tunney protesting the requirement to publish election notices, and candidates statements, in Spanish as well as English; and that local candidates for Councilman be reimbursed by the City for the additional costs incurred by this law. Discussion continued. Councilman Flores withdrew his second to Councilman Eck's motion. Mr. David Jones, 7305 Boris Ct., was recognized and stated that the requirement of two separate ballots, one in English and one in Spanish was very costly and requested that the letters to the state officials point this out. It was the consensus of the Council that Mayor Hopkins and City Manager Callinan compose the appropriate letters, copies of which will be presented to the councilmembers for their' comments,' additions or deletions. Hospital Site City Manager Callinan referred the Council to his memo Title Insurance dated January 8th wherein he discusses the title insurance coverage on the recently acquired Martin Stone property for a hospital site. Training Library City Manager Callinan informed the Council that Director of for Law Enforce- Public Safety Dennett was requesting approval for the ment,Agencies acquisition of one training film annually, rather than one every other year as previously approved by the Council. Upon motion of Councilman Beary; seconded by Mayor Hopkins, and approved by the following roll call vote, Council approved the purchase of one training film per year by the Department of Public Safety for the law enforcement training library., AXES: (5') Councilmen Beary, Eck, Flores, Smith and Hopkins NOES: (0) None Appointment of City Manager Callinan requested Council approval for his Interim Finance interim appointment of Michael Daley, whom he has appointed Director Finance Officer, as City Treasurer until the currentrecruit- ment and selection process for a permanent appointee is completed. Mr. Callinan apprised the Council that Mr. Daley is a' candidate for this permanent position. Sewer Situation Update Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved, the Council approved the appointment of Michael Daley as City Treasurer on an interim basis. City Manager Callinan and Citv Engineer Brust gave an update on the City's current sewer situation and plans to petition the Water Quality Control Board for additional interim capacity until plans are completed to connect to the Santa Rosa Wastewater Treatment Plant. Page 9 January 12, 1976 Sewer Outfall City Manager Callinan informed the Council that negotiations Ditch were being conducted with Norman and Howard Siskel for extending the easement agreement for a sewer outfall ditch across their property for the usual fee of $500 per year. Sewer Connection City Manager Callinan,advised the Council that staff is Fees currently studying the City's existing sewer service connection fee structure and it appears that an increase in said fees is eminent. Mr. Callinan will return to Council with proposed increases for .consideration at the next Council meeting.. State Farm Insurance 'City Manager Callinan discussed State Farm Insurance Company's Company planned move to Rohne'rt Park and the expected traffic increase. He stated that staff is treating the traffic matter seriously and will be talking with traffic engineering people concerning traffic planning for the area, especially on the Expressway and Commerce Boulevard. Telephone Exchanges City Manager Callinan directed the Council's attention to Boundary Problems his memo fo.January 8th wherein he discusses difficulties with the telephone company, specifically the fact that a portion of Rohne'rt Park is in the Petaluma exchange and a portion is in the Santa Rosa exchange which presents many problems to the City. Mr. Richard Brown of the telephone company was present and answered questions from the Council. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved by the following roll call vote, staff was directed: to proceed with plans to pursue legal help for an action that would support the Council's position with regard to the costly Pacific Telephone Company situation in Rohnert Park. AYES: (5) Councilmen Beary,.Eck, Flores, Smith and Hopkins NOES: (0) None Redwood Empire City Manager Callinan advised the Council that there is some Disposal Company dispute in the interpretation of the old.contract with " Redwood Empire Disposal Corporation insofar as the cost of living adjustment is concerned.` Discussion followed with councilmembers requesting clarifica- tion as to the exact nature of the dispute. The Council requested that Mr. Callinan and Mr. Flitner pursue, the matter and return to the Council with recommendations. Golf Course City Attorney Flitner reviewed his.,letter.to City Manager Vandalism Callinan, copies of which had bee.n,presented to the Council, concerning the vandalism by youths_'at the:Golf Course. Mr. Flitner noted that restitution will be made to the City as outlined in his letter unless the Council objected. The Council expressed approval. Planning Director Exit from Bank to Shopping Center Councilman Beary stated he had been approached by several people who felt the time had come to consider hiring a full time Planning Director. City Manager, Callinan disagreed and stated that he has given thought to this situation and will make his recommendation for a full time director to the Council at the appropriate time. Councilman SmithAnitiated a discussion concerning a traffic hazard with cars leaving the bank to enter the Park Plaza Shopping Centere Councilman Smith felt this situation should be more closely monitored by Public Safety Officers. Mr.' Callinan stated.he. would check into this situation. Page 10 January 12, 1976 Public Disclosures, Councilman Smith queried.City Attorney,Flitner concerning recent laws dealing with public disclosures as opposed to closed' executive sessions. Mr. Flitner explained certain matters which must be discussed in public., specifically employ - ment and dismissals, how the Council voted, etc. . Assessed Valuations Councilman Beary initiated:a discussion concerning the fact in Rohnert Park that he had recently surveyed assessed valuations of similar properties in three different cities (Santa Rosa, Petaluma, Rohnert Park) and found properties of ,comparable market value are being assessed higher in Rohnert Park. Councilman Beary requested City Manager Callinan to check into this matter. Mr. Callinan directed a letter to Mr. Comalli, County Assessor, and asked for clarification on assessed valuation of..,properties in Rohnert Park as compared to the other two cities. Mr. Callinan stated he was expecting a response from Mr. Comalli very shortly and Mr. Comalli would attend a February Council meeting to discuss the matter. March of Dimes Councilman Beary initiated a discussion asking Council,• consideration designating a March of Dimes Week and .a Mother's March Night. Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, March of Dimes Week was designated as the week of January 25 through 31, 19769 and January 29th was designated as Mother °s March Night. Bike Paths Councilman Eck initiated a discussion requesting the status of the bike paths on the Rohnert Park Junior High site which had been damaged by trucks. City, Engineer Brust stated he -had written.to the contractor indicating, the City expects the repairs to be made as soon as possible. Mr. Brust will be talking again with said contractor this week. Councilman Eck also expressed concern with the bike path south of E. Cotati Ave. where it intersects Snyder Lane, stating that as cars swing around this corner they force bike riders off the path. Mr. Brust will check into this matter. Planning Director Exit from Bank to Shopping Center Councilman Beary stated he had been approached by several people who felt the time had come to consider hiring a full time Planning Director. City Manager, Callinan disagreed and stated that he has given thought to this situation and will make his recommendation for a full time director to the Council at the appropriate time. Councilman SmithAnitiated a discussion concerning a traffic hazard with cars leaving the bank to enter the Park Plaza Shopping Centere Councilman Smith felt this situation should be more closely monitored by Public Safety Officers. Mr.' Callinan stated.he. would check into this situation. Page 11 January 12, 1976 Mayors and Mayor Hopkins advised the Council that at the recent Mayors Councilmen and Councilmen Association Meeting plans had been discussed Association for cities to j.oin together and formulate a self insurance Meeting workmens compensation program; and contribute towards a fee to hire a consultant to study the matter and recommend how to implement said program. Mayor Hopkins suggested that Rohnert Park join in this venture. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, the Council authorized an expenditure of up to $450 to participate in a study with other cities in the county for formulating a self insurance workmens compensation program. Angulo, Fence Mrs. Sally Schultz was recognized and stated that in a recent Council action a variance for an °v foot fence on the Angulo property had been denied; stated that the Angulos had been given a specific time to have the fence conform to regulations; stated the fence was still standing at 8 feet; felt the City had been negligent in enforcing the Council's decision. Councilman Flores stated he had this date talked with Mrs. Angulo; stated that on the following day (Tuesday) City staff would contact Mrs. Angulo and would proceed to lower the fence to the 6 foot requirement, with the full approval of the Angulos. The Council agreed that the matter had been handled in a courteous and proper manner which resulted in the fence situation being remedied without hostility. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 10:35 p.m. % Z= A 1 ?6 - tai Deputy City Clerk