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1972/04/03 City Council MinutesProject No. 1972 -1 City Manager Callinan reviewed his..memo dated March 31 rela- Country Manor tive to Project No. 1972 --1, Country Manor Assessment Assessment District Distract.., ROHNERT PARK CITY COUNCIL MINUTES April 3, 1972 The Council of the City of Rohnert .:Park met this date in regular session commencing at 7 :02.p.m. in the City Offices, 435 Southwest Blvd., Rohnert Park, with Mayor Hopkins pre- siding. Call to Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:02 p.m. and-led the pledge of allegiance. Roll Call Present: (4) Councilmen Flores, Roberts, Smith and Hopkins Late: (1) Councilman Buchanan; his time of arrival is specifically noted in these minutes. Staff Present for all or part of the meeting: City Manager Callinan, City Attorney Maxwell and Engineer Hudis Approval of Minutes Upon motion of Councilman Flores, seconded by Councilman Smith, and unanamously..approved, the minutes of March 20 and 27 were approved as submitted. Approvalof Bills Upon motion of Councilman Smith, seconded by Councilman Roberts., and unanimously approved, the bills presented per the attached list in the amount of $26,500.83 were approved. Councilman Buchanan Councilman .Buchanan arrived at this point in the meeting, Arrives the time being approximately 7 :04 p.m. Presentation to Director of Public Safety Dennett appeared and made a present - Fred Davis ation to Mr. Fred Davis of his Police Reserve badge encased in plastic.in recognition of his many years of dedicated service to�the Police Reserves. Mr.,. Davis responded with his thanks and appreciation. . Communications 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. Project No. 1971 -3 _. City Manager - Callinan reviewed his memo dated March 31 con - Himebaugh Creek cerning Project No. 1971 -3, Himebaugh Creek Improvement Pro - Improvement Project,,;,. ject, and,read a letter dated March 31 from Mr. Norman Spivock of Spivock.Company vehemently opposing the project. Mr. Callinan advised that;he wanted to resolve any misunder- standings.with Mr.. Spivock before..proceeding and that a meeting with the interested parties would be scheduled when comments ..on an engineering.study.Mr. Spivock.had prepared; have been received from the Sonoma- County Water Agency and Engineer Hudis. Project No. 1972 -1 City Manager Callinan reviewed his..memo dated March 31 rela- Country Manor tive to Project No. 1972 --1, Country Manor Assessment Assessment District Distract.., Page -2- April 3, 1972 Bond Counsel Philip Assaf was present and reported that the Engineer's Report had been prepared and was on file in the office of the Clerk and that a petition requesting the assessment district had been sioned bit --11 the owners and was on file with the Clerk: Resolution No. 72-40 A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS (Country Manor Assessment District No. 1972-1). Bond Counsel Assaf explained the resolution. Resolution No. 72,-41 Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and approved by voice vote with Councilman Smith voting no, the reading of Resolution No. 72-40 was waived and said resolution was adopted. A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR ACQUISI- TIONS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE (Country Manor Assessment District No. 1972-1) Bond Counsel Assaf explai ned the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and approved by voice vote with Council man Smith voting no, the reading of Resolution No. 72-41 was waived and said `resolution was adopted. Resolution No. 72-42 A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS OF IMPROVE- MENTS (Country Manor Assessment District No. 1972-1) Bond Counsel Assaf explained the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, And approved by voice vote with Councilman Smith voting no, the reading of Resolution No. 72-42 was waived and said resolution was adopted. Resolution No. 72-43 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT (Country Manor Assessment District No. 1972-1) Bond Counsel Assaf explained the resolution Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and approved by voice vote with Councilman Smith voting no, the reading of:Resolut.ion No. 72-43 was waived and said resolution was.adopted. Resolution No. 72-44 A RE80LUTION APPOINTING,T1ME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS, AND DIRECTING NOTICE (Country Manor Assessment District No. 1972-1) Bond Counsel Assaf,explained the resolution. Upon motion of Councilman Buchanan, seconded by Coun . cilman Page -3- April 3, 1972 Roberts, and approved by voice vote with Councilman Smith voting no, the reading of Resolution No. 72 -44 was waived and said resolution was adopted. Resolution No. 72-45 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT (Country Manor Assessment District No. 1972 -1) Bond Counsel Assaf explai ned the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and approved by voice vote with Councilman Smith-::.. voting no, the reading of Resolution No. 72 -45 was waived and said resolution was adopted. Resolution No. 72 -46 A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS (Country Manor Assessment District No. 1972 -1) Bond Counsel Assaf explained the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and approved by voice vote with Councilman Smith voting no, the reading of Resolution No. 72 -46 was waived and said resolution was adopted. Councilman Smith stated for the record that he voted no on the above resolutions because the assessment district pro- ceedings were first used primarily to develop rural land but are now moving into an area where issuing bonds is detrimental to the community; the assessment is the same whether there are four or six homes per acre; and there is $14,000 for bond discount included in this project that could be used for park development. Project No. 1972 -4 City Manager Callinan reviewed his memo dated March 31, 1972 Well No. 8 concerning Project No. 1972 -4 Well No. B. Engineer Hudis reported that the possibility of using a variable speed pump was being Explored in an effort to eliminate the need for a pressure tank and thereby reduce costs. Discussion followed. Resolution No. 72 -47 A RESOLUTION ACCEPTING GRANT DEED (Well Site No. 8) City Manager Callinan explai ned the resolution. Upon motion of Councilman Roberts, seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 72 -47 was waived and said resolution was adopted. Project No. 1972 -5 City Manager Callinan reviewed Change Order No. 1 for Pro - New City Office ject No. 1972 -5, New City Office Building, and explained Building that the change had been obtained by Architect Lawrence Simons from Page Construction Company at no additional cost. Resolution No- 72-48 ..Resolution No. 72-49 Page -4- April 3, 1972 .,Upon 'motion of Councilman Buchanan, seconded by Councilman Smith, and 'unanimously approved, Change Order No. 1 was approved. _A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. .7 (Project'No.' 1956-1 Assessment Nos. 6.9.4 and 6.81.2.2) City Manager Callinan explained the resolution. ,Upon motion of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 72-48 was waived and said resolution was adopted. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK TO SUPPORT AND PARTICIPATE IN A REGIONAL CRIMINAL JUSTICE PLANNING BOARD SERVING THE COUNTIES OF NAPA.' SOLANO, SONOMA AND MARIN City Manager Callinan explained the resolution. Upon motion of Councilman. Roberts, seconded by Councilman Buchanan, and unanimously.approved, the reading of Resolu- tion No. 72-49 was waived.and said resolution was adopted. Resolution No. 72-50 ... RESOLUTION APPROVING EMERGENCY PLAN City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 72-50 was waived and said resolution was adopted. Resolution No. 72-51 'RESOLUTION DECLARING WEEDS GROWING UPON OR IN FRONT OF CER- TAIN DDADVDMTV0 WITHIN TIME CITY or ROHNERT PARK TO BE A PUBLIC NUISANCE DIRECTING THE CITY MANAGER TO POST NOTICE THEREOF; AND DETERMINING HEARING DATES AS REQUIRED BY .SECTION 3 OF ORDINANCE NO. 27 City'Manager Callinan explained the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion N8'.- 72-'51 was waived and said resolution was adopted. RtSOLUT'ION'AmENDING RESOLUTION NO. 67-34 ESTABLISHING PLANNING, ZONING AND SUBDIVISION FEES City Manager Callinan expla.1ned the resolution. Upon motion of Councilman Flores, seconded by Councilman `;Buchanan, and unanimously approved, the reading of Resolu- tion No. 72-52 was waived,and said resolution was adopted. Page -5- April 3, 1972 William Russell - Mr. William Russell was recognized and read a petition to Appearance re School the State legislature concerning equalizing financing of Financing schools, advised petitions would be available for signature, and requested Council support for same. A brief discussion followed. The Council indicated it would support the peti- tions after they are signed and requested Mr. Russell to return at that time. Ralph Fitch - P.G. &E. Mr. Ralph Fitch of P.G. & E. was recognized and presented Presentation of a check in the amount of $6,775 representing his firm's Franchise Fee franchise fee for 1971. The amount reflected a 19 -20% in- crease over the previous year. File No. 0216 City Manager Callinan reported that Mr. Tellis of the Octa- Octagon Company 'gon Company had requested the scheduled public hearing for rezoning of approximately 4 acres south of East Cotati Ave - nue apd.Snyder Lane intersection to RM- 1500 -PD to permit a -motor home trailer park and the appeal of Planning Commis- sion denial of requested zoning change, use permit, and lot split be continued to April 17 meeting. The Council indi- cated its agreement with the.request and that it would pre- fer all letters and comments to be held until the April 17th meeting. Mayor Hopkins declared the public hearing open on the re- zoning of approximately 4 acres south of East Cotati Avenue and Snyder Lane intersection to RM- 1500 -PD to permit a motor home trailer parka There being no one desiring to be heard the hearing, was continued to April 17, 1972. Planning Commission City Manager Callinan brought to the attention of the Coun- Rules of Order and,, cil the Planning Commission Resolution No. PC -1 which Procedure, adopts bylaws and operating procedure for the Planning Commission and advised that the city's Zoning Ordinance required Council approval of same. Upon motion of Councilman Flores, seconded by Councilman Buchanan, and unanimously approved, the Planning Commission's Resolution No,, PC-1 was approved. Councilman Flores stated for the record that he felt the Planning Commission should be complimented on its thorough- „ ness in preparing the rules of procedure. General Plan City Manager Callinan read a letter from Planning Commis- sion Chairman Ray Goff which requested the Council to take the necessary appropriate action to accomplish the updating of the city's General Plan and the preparation of the manda- tory elements for.same and also read a proposal of F.G. Lehman to perform the said services. Discussion followed during which it was suggested that a citizen's advisory committee should be involved and that City Manager Callinan, City Attorney Maxwell, and Mr. Lehman should discuss Mr. Lehman's proposal and tie down some loose ends and at the next meeting or so the Council could act on it and the citizen's advisory committee. The Council indicated its City Attorney Maxwell responded that a new order from the FCC had gone into effect March 31 -and he would check it and report on same at the next meeting. Cotati School Councilman Smith asked if there had been any response from District the Cotati School District regarding capacity of existing facilities. City Manager Callinan replied in the negative. SB 974 - County Councilman Smith initiated a discussion regarding SB 974 Services which would permit the establishment of a county service area as a taxing entity to provide services that are higher than the county would normally provide. He recommended that the Council support SB 974. Upon motion of Councilman.Smith, seconded by Councilman Roberts, and unanimously approved, the Council went on record as supporting SB 974 and staff was directed to write a letter to the appropriate. legislators. Page -6- April 3, 1972 approval of proceeding in the above manner. Cotati School District City Manager Callinan brought to the attention of the Coun- City Coordinating cif a communication received from the Cotati. School District Committee which suggested that.a coordinating committee be organized with representatives from the Cotati School District, and the Planning Commissions and City Councils of both Cotati and Rohnert Park. School Board member Tony Carbone was recognized and requested support for the coordinating committee. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, endorsement was given to the proposed Cotati School District Coordinating Commit- tee and a representative will be appointed as soon as possible. A brief discussion followed during which it was suggested that the Mayor and Chairman of the Planning Commission attend meetings until representatives are appointed. SB 325 Councilman Flores initiated a brief discussion concerning Sales Tax on SB 325 and the provision that each county must levy an Gasoline additional 1/4% sales tax or.the advantage of state collec- tion of local sales tax revenue as 'well as state cigarette subventions will be lost. Staff was directed to send a letter to the Sonoma County Board of Supervisors to let them know the Council is aware of SB 325 and request early action. CATV Councilman Flores asked if there was any particular point at which local CATV companies must provide public service broadcasting. City Attorney Maxwell responded that a new order from the FCC had gone into effect March 31 -and he would check it and report on same at the next meeting. Cotati School Councilman Smith asked if there had been any response from District the Cotati School District regarding capacity of existing facilities. City Manager Callinan replied in the negative. SB 974 - County Councilman Smith initiated a discussion regarding SB 974 Services which would permit the establishment of a county service area as a taxing entity to provide services that are higher than the county would normally provide. He recommended that the Council support SB 974. Upon motion of Councilman.Smith, seconded by Councilman Roberts, and unanimously approved, the Council went on record as supporting SB 974 and staff was directed to write a letter to the appropriate. legislators. Golf.Course AB 376 - Dedication of Land for Parks Page -7- April 3, 1972 Councilman Buchanan asked what progress was being made con- cerning a bar at the golf course. Staff responded that the golf pro did not feel it was essential to the success of the course and neither the golf pro or the restaurant opera- tor are willing to invest the required $6,000 for a liquor license due to the comparatively short term of their agree- ment. Councilman Smith related several complaints overheard at the golf course snack bar regarding very slow service. Council - man Hopkins also indicated he had heard several complaints concerning slow service. Mr. Callinan advised that he would pass the remarks on to Golf Pro Ross. Councilman Smith initiated a brief discussion regarding AB 376 which provides for dedication of land for park or recreational purposes as a condition of approval of sub- division for which.final maps are not required, and re- quested Council support for same. Upon motion of Council man Flores, seconded by Councilman Smith, and unanimously approved, the Council indicated its support for AB 376 and directed staff to write a letter to the appropriate legislators. Kaiser Hospital Mayor Hopkins reported that he had heard that the Kaiser Foundation was considering location of a hospital.in the area and that Rohnert Park had been mentioned as a possi- bility. Staff was requested to check on the matter. Planning Commission Mayor Hopkins initiated a,brief discussion concerning appeals from Planning Commission decisions when the applicant indi- cates acceptance of conditions not included in the original application. City Attorney Maxwell responded the matter could be referred back to the Planning Com mission but would probably have to be renoticed for public hearing which would mean considerable delay for the applicant. Emergency Employment City Manager Callinan reported to the Council that a new Act maintenance man had been hired under the Emergency Employ- ment Act to replace.Mr. DiMeola who resigned and reviewed his memo dated March 31 concerning same. Mobile Home Place -City Manager Callinan reported that Building Inspector Barnhart ment had assured`him"that placement of mobile homes in local parks is being done in compliance with State Codes. A brief discussion followed. Country Manor Models City Manager Callinan reported on a question raised at a recent meeting concerning the size of the models in Country Manor Subdivision as compared to'-the Young America Homes in the E1 Colegio area,. He advised that some were smaller and some larger and that all the Country Manor homes have two car garages. A brief discussion followed. Golden Gate Bus Transit Hearing El Colegio Park Classification and Salary Survey F-veeway Overpass' Project Page -8- April 3, 1972 City Manager Callinan brought to the attention of the CQun- cil the Golden Gate Bridge and Highway Transportation Di I st- rict public hearing to be held April 19 at 8:00 p.m. A brief discussion foil-owed during which staff was directed .to write a letter to be signed by the Mayor expressing sup- port forthe district's capital grapt requests. City Manager Callinan reported that all the excavated dirt ..from the Snyder Lane Improvement Project will be placed on the El Colegio Park site so that it ' can be brought up to grade for proper drainage and that he is having Engineer Hudis . ,.prepare a grading. . plan for.the park. Discussion folbwed concerning the participation of Young America Homes in development of El Colegio Park and the advisability of replinding that firm of promisi es made during public hearings held,on its subdivision development. City Manager Callinan reviewed the timetable for classifi- cation and salary survey being done by the State Personnel Board, Cooperative Personnel Services Department, and noted that it would be presented to the Council in June. City Manager Callinan reviewed developments to date on the freeway overpass project and reported that the project was ready for advertising as soon as the last two covenants are received from Auto Center Enterprises and Cofego'Ent6rprises and that Mr. Golis of those two firms, had indicated as soon as he;rece.1ved written response from the legal staff at the EDA Seattle office on some points that he would release the ,^NY 4- 4- 11 k: C Cy. Discussion followed. Storer ,Cable .'TV er. Callinan, reminded City the Council of the Candidate's Candidate's Night Nighttelecast by Sto , rer Cable TV from the Council Chambers on April 5 and that the present Council and certain depart- ment heads, had been asked to be present for introduction at the beginning of the,telecast. Golf Course Irrigar Councilman Buchanan asked if any progress was being made on tion., using efflu' from the sewer plant to irrigate the golf .,6nt City Manager Callinan res' course. responded that he is still p ­1 exploring the possibility of 6L;taining a grant to construct the necessary facilities. He advised that the well project for the golf course irrigation will probably be presented at the next. meeting. AB 1302 Environ- City Attorney Maxwell reported on' B 1302 and advised that A mental Impact Report it was designed more for use by spa . rsely populated counties with much vacant land and not cities with planning staff or planning assistance. AB 2870 City Attorney Maxwell reviewed AB 2870 which became effec- March'4 and noted that the Local Agency Formation Com- mission is now charged vilth th6'res.pon sibility of fixing 'spheres of :influence. APPROVED: If �r Page _9_ April 3, 1972 AB 1301 City Attorney Maxwell reviewed AB 1301 which deals with subdivision maps being in accordance with the General Plan and which also requires that the Zoning Ordinance must be in accordance with the General Plan by January 1, 1973. Discussion followed. Mr. Norman Spivock was recognized and asked if this meant there would be no more agriculturally zoned land within the city. Mr. Maxwell responded in the affirmative, explaining that all land must be zoned as it is designated on the Gent-=Y &1 Plan. Firing Guns in City City Attorney Maxwell reported he had discussed the possible Limits enactment of an ordinance which would prohibit the firing of guns within the city limits with Director of Public Safety DeTnett and information regarding same had been requested from the League of California Cities. He advised he would make a firm recommendation to the Council after receipt of the requested information. Prevailing Wage City Attorney Maxwell, in response to Engineer Hudis' Scale request at the last meeting, reported that even though some contractors pay lower wages than the prevailing wage scale, the city must pay the prevailing wages on contracts performed for the city. Adjournment There being no further business, the meeting was adjourned at 8:58 p.m. J� De uty Cit Clerk APPROVED: If �r