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1976/04/26 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES April 26, 1976 The Council of the,City of'Rohnert Park met this date in regular session commencing at 7:30 p.m. in the City Offices; 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. The regular session was preceded by an executive session which commenced at 7:00 p.m. and at which all councilmen, City Manager Callinan and City ' Attorney Flitner were present, and which was held to discuss personnel and litigation matters. Call to Order Mayor Flcres called the meeting of the regular session to order at approximately 7 :30 p,m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Beary, Eck, Hopkins, Roberts and Flores Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, City Engineer Brust, and Planning Director Skanchy. Also present were Milt Hudis, Consulting Engineering and Sharrod Davis, Bond Counsel of Wilson, Jones, Morton and Lynch. Golf Team Benefit Councilman Beary announced that students from Rancho Cotate High School would be selling tickets outside of the Chamber at the recess break for the Golf Team Benefit Dance to be held on Saturday, May 8th. Government Students Mayor Flores requested that the high school government students wait until the recess to have their attendance papers signed. Approval of Minutes Upon motion of Councilman Eck, seconded by Councilman Beary, and unanimously approved, the minutes of April 5, 19 and 21,'1976 were approved as submitted. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the bills presented per the attached list in the amount of $385,972.30 were approved. This included $22,260,00 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. Page 2 April 26,, 1976 Rohnert Park Councilman Eck initiated' a discussion concerning a letter Junior High Lighting Project from City Engineer Brust to Federal,Electric and Engineering wherein he discusses some loose light fixtures installed by that contractor at the Junior High Baseball/ Soccer field. Mr. Callinan stated some monies had been held back on this project until the City, was satisfied that all work performed was acceptable to the City. Non - Agenda Items Councilman Eck requested under "Matters from Councilmen49 to make a statement concerning the.upcoming Recall Election. The Council agreed to include this matter on the agenda. Unscheduled Public There was no one in the Chamber wishing to make an unschedul- ed pi -b1ic appearance. Appearances School Bond Mr. Tim Davidson, Superintendent of Cotati - Rohnert Park Election School district was.recognized and introduced several members of that Board who were present in the Chamber. Mr. Davidson spoke concerning the upcoming local bond proposition on the June 8th ballot to build two new elementary schools in.Rohnert Park. Mr. Davidson stressed the passage of this measure would not increase taxes and discussed facts set forth in an Information Sheet prepared by the school district, copies of which had been presented to the couneilmembers. Discussion followed with the Council questioning Mr. Davidson regarding diminishing need for new schools, portable facilities, scheduling.sessions, double sessions,.... -. etc. Mr. Davidson responded outlining the type of buildings the Board would like to see constructed; stated the Board was generally opposed to double sessions. Councilman Beary made a motion, seconded by Councilman Eck, that the Council go on record as endorsing the school bond proposition on the June 8th ballot. Mayor Flores requested that the motion include the premise that no additional tax burden would be levied.,on Rohnert Park residents. Councilman Beary agreed and .the motion was unanimously approved, Mr. Davidson thanked the Council on behalf of the Board, and advised that there would be a TV program on June 3rd explaining the school bond issue. David Lither Mr. David Lither, Cotati Cab Company was recognized and Cotati Cab Co. discussed with the Council the various services which his company provides for Rohnert Park; citing free trans- portation for Senior Citizens at certain hours; free delivery of commodities to residents charging a one way fare only; however stated that in order to continue this service he would need a Certificate from PUC which was very expen- sive. Page 3 April 26, 1976 Mr. Lither expressed concern regarding ether cab companies coming into Rohnert Park, picking up aad :_'slivering cus- tomers within the City limits; referred to convey ^cations with City Manager Callinan, Director of Public Safety Dennett and City Attorney Flitner concerning this matter. Mr. Callinan referred councilmembers to copies of letters written by himself and Mr. Flitner to Yellow Cab Cop..pany advising that company that it must obtain a Certificate of.Public Convenience and Necessity issued by the City Council in order to'do business in this City, as well as pay a business license tax. Discu.ssicn followed with the Council, Mr. Lither, Mr. Callinan and Mr. Flitner participating. Mr. Lither stated tie could not operate in Santa Rosa and felt other cab corn°)anies should not be allowed to do business in this City. Mr. Flitner opined to deny outside cab companies to deliver or take passengers out of the City could be construed as a violation of constitutional rights; however, as stated in his letter, these companies must secure a Certificate of Convenience and Necessity. Mr. Lither requested,Council support and was advised the Council would abide by Mr. Flitner °s opinion on this matter. Mr. Lither requested Mr. Flitner °s opinion regarding liability when providing free transportation; was advised liability was the same whether passenger was paying or riding free; asked if the City would assist in helping to fund the required bond as per PUC regulations; the Council replied in the negative; stated the street markings at Commerce and Southwest Boulevard were confusing and asked City staff to check into this matter. Mr. Callinan stated he would do so. John S. Jenssen Mr. John S. Jenssen, 5236 Daniel Court, was recognized Re Building and spoke with the Council concerning many problems he Inspections had experienced with his home; citing a leaking roof, subsequent damage to interior ceilings, walls, insulation and carpeting; stated the City Engineer and Building Inspector had been very helpful, but felt the contractor and sub- contractors did not comply with City directives; felt the City should have more than one Building Inspector, and building codes should be strengthened. Discussion followed. Mr. Callinan stated the Council can refuse to support builders on future projects if they do not cooperate in making repairs to homes which have not.been properly constructed; Councilman Beary suggested that appeals be made to Contractors Licensing Board; Mayor Flores suggested that the Building Inspector take notes and refer to Mr. Callinan problem areas that have been cited but not corrected in a reasonable time. Page 4 April 26, 1976 'City Manager. Callinan stated the City is .concerned about this problem and staff will continue to follow up on this matter. Councilman Roberts asked Mr. Jenssen if he would be willing to serve on an ad hoc committee regarding building codes. Mr. Jenssen replied in the affirmative. Councilman Hopkins At this point in the meeting Councilman Hopkins left Leaves the Chamber, the time being approximately 8:40 p.m. Resolution 76 -65 RESOLUTION ACCEPTING GRANT DEED (Lot 115, Llano Subdivision No. 1 - Caterpillar Park) City Manager Callinan reviewed the resolution and his memo to the Council dated April 23rd concern same. Upon motion of Councilman Eck, seconded by Councilman Roberts, and approved by the following voice vote, the reading of Resolution 76--65 was waived and said resolution was adopted. AYES: (4) Councilmen Beary, Eck, Roberts'and Flores NOES: (0) None ABSENT: (1) Councilman Hopkins Resolution 76 -66 RESOLUTION RESCINDING RESOLUTION NO. 74 -35, ADOPTING RULES TO IMPLEMENT CONFLICT OF INTERESTS ACT City Manager Callinan reviewed the resolution and his memo to the Council dated April 23rd concerning same. .. Upon motion of Councilman Beary, seconded by Councilman Roberts and approved by the following voice vote, the reading of Resolution 76-66 was waived and said resolution was adopted. AYES: (4) Councilmen Beary, Eck, Roberts and Flores NOES: (0) None ABSENT: (1) Councilman Hopkins Councilman Hopkins Councilman.,Hopkins returned to the Chamber, the time Returns being approximately 8 :45 p.m. Resolution 76-67 A RESOLUTION OF AWARD OF CONTRACT, WALDO ROHNERT SCHOOL IRRIGATION SYSTEM, PROJECT 1975• -15 City Manager Callinan reviewed the resolution and referred the councilmembers to comments made in his memo dated April 23rd. Page 5 April 26, 1976 Upon motion of Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, the reading or Resolution 76 -67 was waived and said resolution was adopted. Spivock Land City Manager Callinan gave a staff update on the acquisition of the Spivock land for open space; referred councilmembers to their copies of a letter from the City of Santa Rosa and Resolution 11884 attached pledging cooperation and support in the acquisition of this open space. Mayor Flores requested Mr. Callinan read the letter from the City of Santa. Rosa, which he did. Mayor Flores commended the City of Santa Rosa for its cooperation particularly in view of the present conflict of interest between the two cities. Councilman Hopkins made a motion, seconded by Councilman Eck, that Mayor Flores forward to the Sonoma County Board of Supervisors a letter recommending that the acquisition of the Spivock land be considered as a top priority matter. The motion was unanimously approved by the following roll call vote. AYES: (5) Councilmen Beary, Eck, Hopkins, Roberts and Flores NOES: (0) None Project 1974 -11 City Manager Callinan reviewed the bids received on the Northwest Northwest Improvement Project, indicated the low bidder Improvement was Soiland Company at $219,385; stated that notice of Project public hearing on the Engineer's Report had been published in the local newspaper, posted in the assessment district and mailed to property owners in the district. Mayor Flores declared open the public hearing on the Engineer Report, Project 1974 -11, Northwest Improvement Project. Milt Hudis, Consulting Engineer, presented his Report consisting of plans, specifications, maps and descriptions, estimate of costs, diagram and assessment. City Manager Callinan stated only one bid had been received on the bonds because of 'a previous lien on the property, said bid from N. K. McPhail and Company; stated in view of the proposed acquisition of the Spivock property as open space a r6- alignment of the sewer line in this project would mead a savings of some $50,000 to the City. Mr. Callinan pointed out the suggested sewer line on a displayed map and suggested a two week delay in sale of bonds and award of contract to discuss with Soiland Company the change in sewer line. Discussion followed. Page 6 April 26, 1976 Mr® Norman Spivock, 440 Grand, Oakland, spoke stating the project should proceed without delay; stated he thought unless the bid on the bond was accepted within 32 hours it could be recinded; indicated sufficient time had been given to the study of a sewer line and urged the Council to proceed on this project. Mr. James Monroe, Attorney for Jim Decker of Decker Bowling requested that the project should proceed without delay, felt the City had some obligation to Mr. Decker as it had approved the development of his bowling alley in the area and consequently should proceed to place a sewer line to same. Mr. George L. Bell, 5233 Daniel Ct., was recognized and stated he felt the project had been pushed along prior to sufficient open hearings. Mr. Callinan explained the project had been in progress for some two years; further explained the various methods of notification of open hearings. Mr. Callinan and City Engineer Brust explained several other projects under way in the northern area for Mr. Bellts benefit. There being no other person desiring to speak, Mayor Flores declared the public hearing closed. Discussion followed with Mr. Callinan, Bond Counsel Sharrod Davis, Milt Hudis and all councilmen participating. Councilmen Beary queried Mr. Hudis as to whether a Change Order for the revised alignment of the sewer line could be issued prior to award of contract. Mr. Hudis opined that in dealing with a contractor of integrity such as Soiland it would not be absolutely necessary. Councilman Eck made a motion that the City not use the assessment proceedings on Project 197 + -11, Northwest Improvement Project. Councilman Eck's motion died for lack of a second. Councilman Beary made a motion, seconded by Councilman Hopkins, that the Council proceed in concept with awarding contract, accepting the bids on the bonds and work out the details with Soiland Company for the suggested revised alignment of the sewer line through the open space area with regard to Project 1974 -11, Northwest Improvement Project. Councilman Eck queried City Attorney Flitner as to whether the City is legally bound to provide sewer facilities to Decker Bowling Alley via the assesssment district proceedings. Mr. Flitner stated for the record that he is an associate of Mr. Monroe, Attorney for Mr. Decker; but to answer Councilman Eck's question - -he felt the City had induced Mr. Decker to locate in the subject area and in so doing Mr. Decker rightly presumed sewer service would be provided to the facility. Page 7 April 26, 1976 Councilman Roberts asked Mr. Decker if the City had in- dicated any deadline for providing of service to the bowling alley. Mr. Decker replied in the negative. Councilmen Beary's motion was approved by the following roll call vote. AYES: (4) Councilmen Beary,.Hopkins, Roberts and Flores NOES: (1) Councilmen Eck Resolution 76-68 A,.RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF RESOLUTION OF;INTENTION NO. 76-27, NORTHWEST IMPROVEMENT PROJECT NOo 1974-11 Bond Counsel Davis explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 76-68 was waived and said resolution was adopted. Resolution 76-69 RESOLUTION ACCEPTING EASEMENT DEED, Northwest Improvement Project, Project No. 1974-11 Bond Counsel Davis explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 76-69 was waived and said resolution was adopted. Resolution 76-70 A RESOLUTION AND ORDER ADOPTING ENGINEERIIS REPORT, CON- FORMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISI- TIONS; NORTHWEST IMPROVEMENT, PROJECT NO. 1974-11 Bond Counsel Davis explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 76-70 was waived and said resolution was adopters. Resolution 76-71 A RESOLUTION OF AWARD OF CONTRACT, NORTHWEST IMPROVEMENT 'PROJECT N0. 1974 --11. Bond Counsel Davis explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 76-71 was waived and said resolution was adopted. Resolution 76-72 A RESOLUTION DESIGNATING COLLECTION OFFICER, NORTHWEST IMPROVEMENT PROJECT NO. 1974-11 Bond Counsel Davis'explained the resolution. o ' Upon motion, f­C 6 uncilman Hopkins, seconded by Councilman Beary, and-unanimously approved, the reading of Resolution 76-72 was waived and said resolution was adopted. Page 8 April 26, 1976 Resolution 76-73 A RESOLUTION AWARDING SALE OF BONDS, NORTHWEST IMPROVEMENT PROJECT NO. 1974 -11 Bond Counsel Davis explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously.approved, the reading of Resolution 76 -73 was waived and said resolution was adopted. Councilman Beary made.a motion, seconded by Councilman Hopkins, and unanimously .approved, to authorize and direct staff to work out the change in the alignment of the sewer line through the "Spivock`p open space land as suggested by staff to save approximately $50,000 for the cost of the sewer line. Recess At this point in the meeting Mayor Flores declared a recess, the time being approximately 9:40 p.m. Reconvene Mayor Flores reconvened the meeting at approximately 9:50 with all councilmen present. Weed Abatement -,City Manager Callinan gave a staff report on the proposed weed abatement resolution, referring the Council to comments made in his memo dated April 23rd; stated notice of the public hearing had been published in the local newspaper and sent to certain properties and residents in the City. Mayor Flores declared open the public hearing on notices to destroy weeds in the City of Rohnert Park. There being no person desiring to speak, Mayor Flores declared the public hearing closed. Resolution 76 -74 RESOLUTION ORDERING CITY MANAGER OF THE CITY OF ROHNERT PARK TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK City Manager. Callinan explained the resolution. Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved, the reading of Resolution 76-74 was waived and said resolution was adopted. File. -.0121 Curley Property City Manager Callinan discussed.with he Council a proposed amendment to the Rohnert Park General Plan Land Use Element involving three changes, the Curley property being the first; stated that Dr. Henly had .submitted a letter request- ing that consideration on this change be put over to the May 10th meeting; indicated that all changes would have to be implemented at the same time, hence, suggested that after the public hearings the entire General Plan amendment matter be continued to the May 10th meeting. Page 9 April 26, 1976 Mr. Callinan stated notice of public hearings had been given by publishing in t ' he local newspaper and mailing to property owners in the various areas'. Planning Director Skahchy gave a staff report on File 0121, Curley Property, referring to Planning Commission minutes and resolution concerning same. Mayor Flores declared open the public hearing on File 0121, Curley Property, proposed amendment to Rohnert:iPark-- General Plan Land Use Element, said property located on the southwest corner of Rohnert Park Expressway and Country Club Drive to be rezoned from High Density Residential and Open Space to Office and Business Services. City Manager Callinan referred to Dr. Henley's letter and the following letters concerning the proposed changes to the land use element of the General Plan: Mr. and Mrs. Anderson, 210 Cottonwood Lane; Mr. and Mrs. Kremer, 83 Cottonwood Lane; Mrs. Penelope Rueb, 5748 Davis Circle; Mr. Gilfether, 939 Eve Ct.; Mr. and Mrs. Mikuls, 59 Mulberry Ct and Susan Boehlje, City of Cotati Planning Director. Dr. Henley was present and stated he had requested this matter be postponed until the May 10th meeting. Mayor Flores declared continued the public hearing on File 0121, Curley Property, until May 10, 1976. File 0467, Planning Director Skanchy gave a staff report on File 0467, Qantas Development Qantas Development Corporation. Corporation Mayor Flores declared open the public hearing on File 0467, Qantas Development Corporation, proposed amendment to Rohnert Park General Plan Land Use Element, said property being located on the northwest corner of East Cotati Avenue and Camino Colegio from Commercial to High Density Residential and Open Space. Mr. Jon Joslyn of Qantas Development Corporation was present and requested the reason for continuing this matter to the May 10th meeting. Mayor Flores explained this action was being taken at the discretion of the Council. There being no other person desiring to speak,, Mayor Flores declared continued until May 10, 1976, the public hearing on File 0467, Qantas Development Corporation. File 0468 Planning Director Skanchy gave a staff report on File 0468, Young Brothers Young Brothers. Page 10 April 26, 1976 Mayor Flores declared open the public hearing on File 0468, Young Brothers, proposed amendment to Rohnert Park General Plan Land Use Element, said property being located on the northeast corner of Rohnert Park Expressway and Commerce Blvd. from Office and Business Services to Regional Commer- cial. There being no person desiring to speak, Mayor Flores declared continued until May 10, 1976 the public hearing on File 0468, Young Brothers. Parcel Map 15 Planning Director Skanchy gave a staff report on Parcel Cofego Enterprises Map 15, referring to the map on display, and stating this map would subdivide the property between Hunter Drive and EnterpAise Drive, providing proposed sites for commercial development. Councilman Roberts stated he would abstain from discussing and voting on this matter as he had an interest in Rohnert Park Savings and Loan, one of the lending institutions considering a building site on this map. Upon motion of Councilman Eck, seconded by Councilman Beary, and approved by the following voice vote, the Council approved Parcel Map 15, AYES: (4) Councilmen Beary, Eck, Hopkins and Flores NOES: (0) None ABSTAIN: (1) Councilman Roberts Parcel Map 16 City Manager Callinan reviewed the Parcel Map with Guillermo Lehman the Council and his memo to the Council dated April 23rd concerning same. Upon motion by Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, Parcel Map No. 16 was approved. Country Club Councilman Hopkins made a.motion, seconded by Councilman Estates Subdivision Beary, and unanimously approved, to approve the No. 1, Units B 6 C Subdivision Agreement executed by Cooper and Towery for Country Club Estates Subdivision No. 1, Units B and C, and authorize the Mayor to execute same. Storer Cable City Manager Callinan reviewed the matter of Storer TV Cable TV request for service rate increase with the Council and requested that this matter be held in abeyance for a week in order that staff could further study same. Councilman Hopkins made a motion that the Council proceed with consideration of request for increase in rates by Storer Cable TV at this time. Councilman Hopkins' motion died for lack of a second. Page 11 April 26, 1976 Mr. Jack Harper of Storer Cable TV was recognized and expressed concern about the delays by the cities and the County; stating each municipality appears to be waiting for the other to make the first decision, with no apparent end in sight to this situation. Councilman Beary made a motion, seconded by Councilman Roberts, and approved by'the following voice vote, directing staff to conclude its study and present to the Council at the next meeting in order that the Council can make its recommendation to Mr. Harper at that time. AYES: (4) Councilmen Beary, Eck, Roberts and Flores NOES6. (1) Councilman Hopkins Councilman Hopkins made a motion, seconded by Councilman Roberts, and unanimously approved, requesting that staff direct a letter to the Sonoma County Board of Supervisors, over the Mayor's signature, requesting that the County make their determination on rate increases pertaining to the unincorporated areas independent of what action the cities might take. Joint Meeting City Manager Callinan discussed with the Council the With Parks and request of the Parks and Recreation Commission for Recreation a joint meeting and suggested May 3rd. The Council Commission agreed, said meeting to begin at 8:00 p.m. and adjourn at 9:30 p.m. Rancho Cotate City Manager Callinan referred councilmembers to his High School memo dated April 23rd wherein he discusses proposals received for placing of topsoil on.the Rancho Cotate football field, with low bidder being Argonaut Constructors at $10,8200 Councilman Beary'lnitiated_,a. discussion regarding the City having the right to schedule use of the field at times when it was not in use by the school district; Councilman Beary made a motion,to this effect which was seconded by Councilman Hopkins and unanimously approved, Councilman Beary made a motion, seconded by Councilman Hopkins, and unanimously approved, that the City expend funds in the amount of $10,820 for the crowning of the Rancho Cotate High School football field with new topsoil, Mayor Flores commended City Manager Callinan for his diplomatic negotiations with the school district in securing the Board's.assistance in replacing the sprinklers and returfing the field if necessary. Page 12 April 26, 1976 Backstop for Alicia City Manager Callinan stated the City had received Park /John Reed a contribution in the amount of $1,600 from the Cotati- School Rohnert Park School District for the baseball backstop to be installed at Alicia Park /John Reed School area. Telephone City Manager Callinan reviewed with the Council the Boundary Matter re-cap memo concerning his conversation with Mr. Macario of the PUC regarding a change in the City's telephone boundary, copies of which had been presented to council - members Newsletter City Manager Callinan advised that only some 29 responses Responses had been received from the recent Newsletter clip -out article concerning "growth in Rohnert Park. and that the - responses were categorized and the results were presented to the Council. Underground City Manager Callinan requested that the cost for the Water Basin underground water basin study be taken from the City's Study Cost Development improvement Fund rather than the Water Utilities Operating Fund. The Council concurred. Golf Course City Manager Callinan referred the Council to his memo dated April 23rd and comments contained therein concerning time and salary distribution of two golf course employees. Councilman Hopkins made a motion, seconded by Councilman Roberts, and unanimously approved, that the City comply with Supt. Singh's request to deduct 5% from his salary for one month, said amount to be paid to Mr. Dutt; 5% to be paid to Mr. Dutt from City funds the second month; and a salary increase consideration for Mr. Dutt beginning with the fiscal year. Library City I'Enager Callinan advised the Council that the City will be issuing purchase orders for equipment and services for the new library; said costs having been anticipated as partof the library development project. Mayors and City Manager Callinan stated that Rohnert Park would Councilmens be the host city for the Mayors and Councilmen Association Meeting of Sonoma County Meeting in May; further stated, with Council's permission, he would make arrangements with the Gold Coin for the dinner meeting. The Council concurred. freeway City Manager Callinan referred councilmembers to his Interchange memo dated April 23rd wherein he discusses the construction Development of a. southbound loop at the freeway interchange and means of financing same, possibly through F.A.U. funds. Scout Hut City Manager Callinan reviewed the progress, contributions to date and funds expended by the City for the Scout Hut being constructed at Alicia Park. Page 13 April 26; 1976 Certificates of Appreciation City Manager Callinan indicated many individuals and firms have donated to the Scout Hut, and suggested that Certificates of Appreciation be issued to these people. Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously - approved, the Council directed that Certificates of Appreciation be presented to all who have made contributions and donations to the Rohnert Park Scout Hut. Sale of City City Manager Callinan initiated a discussion concerning Pump and Motor selling an old pump and motor to a firm interested in same; however it was noted that the price had not been indicated to Mr. Callinan and the Council requested that this matter be put over to the next meeting at which time this information will be available. Workmens City Manager Callinan advised the Council that he will Compensation be shortly presenting the results of a study of the Self - Insurance feasibility of workmens compensation self - insurance for the City on a joint basis with some of the other cities in the County and Ukiah, effective July 1, 1976° Assessment on City Manager Callinan advised that an assessment of Hospital Site the hospital site donated by Martin Stone came to approximately $7,000, stated the City could assume its pro -rata share and pay it off with a view toward Cotati Fire reimbursement in the future, or the City could ask District Mr. Stone to absorb the assessment. Taxation Matter Councilman Beary made a motion, seconded by Councilman Hop -ins, that the City accept its pro -rata share of assessment on the hospital-site property donated by Martin Stone. Councilman Eck requested that this matter be placed on the next agenda for discussion. Councilman Beary withdrew his motion. Rohnert Park City Manager Callinan referred councilmembers to their Crime Study respective copies of Director of Public Safety Dennett's Comparison memo and comparison crime study of Rohnert Park and cities of comparable size. The Council felt the study reflected favorably on the City. Qantas EIR City Attorney Flitner advised that the Cotati - Rohnert Park lawsuit concerning the Qantas EIR for the area south of Ea Cotati Avenue, was scheduled for hearing on May 3, 1976 in Department 3 of the courthouse. Cotati Fire City Attorney Flitner stated he had talked with Lynda District - Millspaugh, County Council's Office concerning the Taxation Matter taxation of certain City residents by the Cotati Fire Protection District; and it was her feeling that when a City annexes property said City is obligated to file a resolution so stating; further stated she did not believe she City would be relieved of that obligation through "excusable neglect ". Mr. Flitner stated there was no ruling precedent for referral_ Page 14 April ��.. 1976 Discussion followed. The Council requested Mr. Flitner's opinion for proceeding from this point. Mr. Flitner stated the City could (1) do nothing, let the affected residents handle their claims; (2) Take an assignment of the claims and present to the Court; abide by the Court's decision. Mr. Callinan requested that further discussion on this matter be held in an Executive Session and the Council agreed. Councilman Roberts made a motion, seconded by Councilman Beary, and unanimously approved, that the matter of the Cotati Fire District Taxation be continued For discussion in an Executive Session, City Fencing Councilman Hopkins initiated a discussion regarding Requirements City fencing requirements; stated that in some neighborhoods fencing could be accomplished by residents thereby reducing the cost of the house; referred to a draft of a proposed resolution outlining fencing requirements in residential districts. Discussion followed; it was the consensus of the Council that the draft resolution be referred to the Planning Commission for study and recommendation. Ad Hoc Committee Councilman Roberts initiated a discussion regarding Re Building Codes building codes which he stated were generalized and did not take into consideration different soils, climate, etc; felt the code reflected the minimum, or lowest, standard with which to comply. Councilman Roberts felt an Ad Hoc Committee of people with actual experience in the area of concern should be formed; and because of their knowledge of a specific area excellent input would result in eliminating problems. Councilman Beary made a motion, seconded by Councilman Roberts, and unanimously approved, to endorse in principle and concept the forming of a Rohnert Park Ad Hoc Committee for Building Codes Review. The Council requested Councilman Roberts to submit names for appointment to the Ad Hoc Committee. High School Councilman Roberts suggested that concerning high school Championship championship plaques, that a budget line item with Plaques a fixed amount allotment be made available should the high school have a championship team; indicated that this amount would not necessarily have to be spent, but would be available should the Council elect to do so. Councilman Roberts made a motion, seconded by Councilman Hopkins, and approved by the following voice vote, to place in the budget a fixed amount allotment for high school championship plaques, should the Council choose to award same. Page 15 April 26 1976 AYES: (4) Councilmen,Beary, Hopkins, Roberts and Flores NOES: (1) Councilman Eck Council /Chamber Councilman Roberts stated he felt a liaison person of Commerce should be designated between the Council and the Chamber Liaison Official of Commerce, which would be mutually beneficial to the City. discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the Council designated Councilman Roberts as its liaison representive to the Chamber of Commerce. Councilman Roberts indicated his term as President of the Chamber of Commerce would end April 30th at which time he would assume the liaison appointment. Chamber of Commerce/ Councilman Roberts suggested a joint meeting between City Council Joint the City Council and the Executive Board of the Chamber Meeting of Commerce sometime during the summer. The Council agreed and requested an early summer date. Mr. Callinan indicated he would handle the arrangements. Recall Election Councilman Eck initiated a discussion concerning the of Supervisor upcoming recall election of Supervisor Kortum, and Kortum read a statement expressing opposition to same. A copy of Councilman Eck's statement is attached to these minutes, and by reference to, made a part hereof. Council Budget Councilmen Eck requested a time line for Council review Session of the budget. Mr. Callinan stated he would be requesting Council review in early June. SB 1644 Councilman Hopkins initiated a discussion concerning SB 1644 (Retirement, Excessive Public Safety Officers Pension Standards); felt that this bill discriminated against other city employees, suggested the Council go on record as opposing this bill. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the Council went on record as opposing SB 1644, and directed staff to forward letters to appropriate legislators so stating. Bike Paths Mayor Flores requested that the lateral areas adjacent to the bike paths along Hinebaugh Creek were in need of mowing. Mr. Callinan advised that this was in the process of being done by the Sonoma County Water Agency and City Engineer Brust would check for follow -up. Page 16 April 26, 1976 Mayors Selection Mayor.Flores stated he would not be able to attend Committee the Mayors Selection Committee on May 5th, and if agreeable with Vice Mayor Beary he would designate Councilman Hopkins to attend in his stead. Councilman Beary was agreeable to this arrangement. Adjournment There being no further business, Mayor Flores adjourned the meeting at approximately 11:15 p.m. to May 3, 1976 at 8:00 p.m. for a joint meeting with the Parks and Recreation Commission. APPROVED: 4-21 Mayor Wpuutyy �CityvCfekk Arril 2A, 190, he vricory issue the rroponents put forth in the up ;on in'' rccall vlacticn of Surarvisor Kortum is nxation. There is a!, attempt to exploit the frustration and fears we all feel ove',` recent tax increases on our property to Fain political advantay..� in what is the real issue behind the recall, the Sonoma County General Plan and how it affects land use in Sonoma County. Those who favor recall would lead us to believe that Nr. Eortum is solehy'' resnorsible for thn largn jump in your tax rate. 6ome questiar,:; tha' occur to me reFardsr" taxes and recall make that chalFf: higna,,- suspect. 4hv was the recall initiated six months after Superviss-, Kortuw took MOO he inherited an $80 million bureaucracy, create by former boards. Would the two candidates, eLong and joerrer, who have both served on previous boarls and certainly contributed to the bureaucracy, face recall in a mere six months if either won or would they he river a fair chance to reduce the layers of government? The Petaluma High School and Rohnert Park-Cotati SChool Districts increased their tax rates substantially Nore than the I county did. Are the respective school bourds to also face recall? "y far the most siFnificant effect on taxes for many Hohnnrt Park citizens was a large jump in assessed evaluation on their property. Will the assessor face recall? Nont. ) Faye 2 April 26,190 The City of iohnert Park maintained their tax rate at th(:,. same rate as the vnar beforn but m larpy iumn in asyppqrd vvlm, still resulted in tax increases. Applying the sawe criteria the recall committee applied to the Hoard of Supervisors the increasc-, in assessed value should have been offset by a lowered tax rate. It was not; so, will the dohnert Park City Council face recall? Nuch of the tax increase in the county was caused by in- creases ir welfare and unemployment due to recession, inflation, and national and state policies, Which state and national offici&J, will face recall'i,' These factors and many others in the county have all con- tributed in part to our tax burdens -- yet for some reasons all other apencies have cscapad the ire of the recall committee, and IV. Kortum has been selected to carry the full responsibility. The reason Kortum is the scapegoat is obvious. Even though his actual impact on the overall tax increase was far less than many other taxing agencies he can and will affect land use in the county and hence presents the greatest threat to those who hope to profit from the urbanization of this county. ?o support recall will not lower your taxes. To support recall will encourage politics by recall in Sonoma County. I Hostility, polarization and anger will replace reason and due democratic process. To support recall is to deny Supervisor Yortun a reasonable chance to prove that he can and will reduce the bureaucracy he inherited. (Cont. ) Pape 3 April 26, 1976 Recall was designed by the creators of this country to remove the corrupt and dishonest® To use it for resolution of differences in political philosophy is to endangr the democratic elective process that is the foundation of this country® I urge the citizens of Sonoma County to forget political differences and stand. up for what is fair and just. Vote INTO on recall.