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1972/05/15 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES May 15, 1972 The Council of the City of Rohnert Park met this date - in regular session commencing at 7 :35 p.m. in the City Offices, 435 Southwest Boulevard, Rohnert Park, with Mayor Roberts presiding. The regular session was preceded by an execu- tive 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 a personnel matter. Call to Order Mayor Roberts order at appr, allegiance. Roll Call Present: (5) Absent: (0) called the meeting of the regular session to Dximately 7 :35 p.m. and led the pledge of Councilmen Beary, Flores, Hopkins, Smith, and Roberts None Staff Present for all or part of the meeting: City Manager Callinan, City Attorney Maxwell, Engineer Hudis, and Bond Counsels Dick Randolph and Ted Kobey. Approval of Minutes Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the minutes of May 1 were approved as submitted. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the bills presented per the attached list in the amount of $53,799.97 were approved. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any com- munication except as noted specifically in these minutes. Executive Session Mayor Roberts announced that those residents desiring to serve on the Citizens Advisory Committee for updating the General Plan had been considered during the executive session and requested City Manager Callinan to read the the list of those agreed on for appointment as follows: Gordon Adam, Billy C. Ayers, Steve Carafa., Anthony Carbone, Judy DeWitt, David L. Eck, Jane Faust, Patrick J. Fernan, John Geirtz, Harold W. Heers, Art Hollingsworth, Mrs. Vida Jones, Mrs. Barbara L. Kunkel, Nory Latreille, Thelma Madsen, Bart C. Mitchell, Jim Redding, Fayette L. Ruiz, William Russell, Margaret Sheehan, John A. Simmons, John L. Smith, Mrs. Pat Smith, Gary Sterner, Nore Thies - feld, Jeannette Wade, and a representative from the Peta- luma School District to be named. Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, the above named indivi- duals were appointed to the Citizens Advisory Committee for updating the General Plan. I I Page -2- May 15, 1972 Project No. 1971-6 City Manager Callinan reviewed Project No. 1971-6, Snyder Snyder Lane Water Main Lane WaterMain Extension, and explained that since all Extension necessary easements had now been obtained, payment for the work performed was in order. He reported that Argonaut Constructors had submitted a bill for $16,419 but Engineer Hudis had reviewed same and recommended payment of $13,968.80. He further reported that Engineer Hudis had .checked and found no liens on the project. A brief discus- sion followed. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, payment of $13,968.80 to C & G Development Co. and/or Argonaut Constructors was authorized. Project No. 1972-1 City Manager Callinan introduced Mr. Dick Randolph and Mr. touh-tfi,y Manor Assess- Ted Kobey of Wilson, Jones, Morton & Lynch. Mr. Randolph ment District reviewed the six bond bids received for Project No. 1972-1, Country Manor Assessment District, and announced that the lowest re ' sponsible bid was from Stone & Youngberg at 940 of par with interest at the rate of 5-1/2% per annum. Mayor Roberts declared the public hearing open on the Engineer's Report concerning Project No. 1972-1, Country Manor Assessment District, prepared pursuant to the Muni- cipal Improvement Act of 1913 and Resolution of Intention No. 72-42. The staff submitted the Engineer's Report and evidence relating to the method of spread of assessment in accordance with benefits. The Clerk advised that no written protests had been received. There being no one desiring to be heard, Mayor Roberts declared the public hearing closed. Resolution No. 72-65 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRM- ING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS (Country Manor Assessment District No. 1972-1) Bond Counsel Randolph explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by voice vote with Councilman Smith voting no, the reading of Resolution No. 72-65 was waived and said resolution was adopted. Resolution No.72-66 A RESOLUTION DESIGNATING COLLECTION OFFICER (Country Manor Assessment District No. 1972-1) Bond Counsel Randolph explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and approved by voice vote with Councilman Smith voting no, the reading of Resolution No. 72-66 was waived and said resolution was adopted. Page -3- May 15, 1972 Resolution No. 72 -67 A RESOLUTION AWARDING SALE OF BONDS (Country Manor Assessment District No. 1972 -1) Bond Counsel Randolph explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and approved by voice vote with Councilman. Smith voting no, the reading of Resolution No. 72 -67 was waived and said resolutiom.was adopted. Councilman Smith stated for the record he voted no on the above project for reasons discussed previously and reflect- ed in the minutes concerning this matter and also that the developer, Mr. Condiotti had indicated he would be paying these bonds off and therefore had involved the city in spending some $16,000 in fees that it would have recovered from the developer and he does not believe this is a pru- dent way to do business. Project Engineer Hudis and City Manager Callinan advised that the $16,000 figure used by Councilman Smith was wrong. Project No. 1972 -4 Engineer Hudis reviewed and explained the bids received Well No. 8 on Project No. 1972!4, Well No. 8, and recommended the acceptance of Alternate No. 1 as bid by Bartley Pump but substituting the frame pump house included in Alternate No. 2 for the block pump house in Alternate No. 1 for a total project construction cost of $69,483. A discussion followed. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, Bartley Pump was awarded the contract for Project No. 1972 -4, Well No. 8, as recom- mended by Engineer Hudis and concurred with by City Manager Callinan. File No. 0203 City Manager Callinan reviewed past action on the change Amendment to Zoning from 6,500 square foot minimum Single - Family District lots Ordinance to Provide to 6,000 square feet and the Planning Commission recommend - for 6,500 square foot ation, following a public hearing, for a change from 6,000 Single - Family District to 6,500 square feet. He noted that local groups, builders, Lots certain property owners and interested parties had been notified of the public hearing scheduled for tonight. Mayor Roberts declared the public hearing, open on proposed amendment to Zoning Ordinance to provide for 6,500 square foot minimum Single- Family District lots. City Manager Callinan read..a letter dated May 3, 1972 from Martin "Stone which expressed opposition to the change and a letter from James E. Redding of Western Realty dated May 115, 1972 -which expressed support for the change. Mrs. Jean Day, 7605 Beth Court, representing the Citizens for a Planned Community, was recognized and commented that Page -4- May 15, 1972 the burden of proof should be bn, the -d,6vellopi�v on.. how well his plan will benefit Rohnert Park; if the ordinance is changed then the Planning Commission will have a bargain- ing tool for open space and park sites and -felt it was important to give this added flexibility to the Planning Commissio n. Mr. Rolf Orser, 7631 Bonita, was recognized, and commented that larger lots would allow more flexibility in planning and more open space will slow down too rapid a growth rate which has been experienced in the last few years. He asked that the letters received by the Planning Commission on the matter be read. At Council request, City Manager Callinan read letters submitted to the Planning Commission on File 0203 as follows: From Dale Hummel, Vice President, Rohnert Park Homeowners Association, dated April 1.1, 1972, which expressed support for the change to 6,500 square foot lots. From David Eck, Chairman, Rohnert Park,Citizens:'Tor a Planned Community, received April 12, 1972 which expressed support for the change to 6,500 square foot lots. Mr. Callinan advised that other letters in the file were asking for time on the Planning Commission agenda or re- questing the originally scheduled public hearing to be con- tinued so as not to conflict with Candidates Night. Mr. William Russell, 7898 Santa Barbara Drive, was recog- nized and spoke in support of the change to 6,500 square foot lots. Mr. Harold Heers, 7300 Boris Court, was recognized and advised that he did not presently own any land in Rohnert Park subject to zoning for residential use. He commented that he felt that neither 6,000 or 6,500 square foot lots were the answer to the problem; that the Council had autho- rized the updating of the General Plan, an expert had been hired in this feild and he should guide in such matters; that the community should look at all economic levels; by continually adding on to the price of ground, the lower income families will be priced out of the market. Mr. Norman Spivock was recognized and stated he was against the change to 6,500 square foot lots. He commented that 6,500 square foot lots will not stop 5 foot side lines or a 11ticky tacky" look; that a variety of lot sizes should be.created; that lots all the same size make the "ticky tacky" look; recommended Planned Unit Developments; and advised he felt it should remain at 6,000 square feet but Ordinance No. 171 Page -5- May.15,, 1972 have some areas for 80 and 100 foot lots and should listen to the planner who will update the General Plan. There being no one else desiring to be heard, the public hearing was closed. Councilman Flores made a motion to table the proposed ordin- ance until a recommendation from the Citizens Advisory Committee for Updating the General Plan is received. A lengthy discussion followed during which it was brought :out that it would probably be September before a recommen- dation is received from the Citizens Advisory Committee. Councilman Hopkins seconded the motion of Councilman Flores, and said motion was defeated by the following roll call vote: AYES: (2) Councilmen Flores and Hopkins NOES: (3) Councilmen Beary, Smith and Roberts AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ROHNERT PARK (Minimum size, width and side yard require- ments in certain one- family residential districts) 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 No. 171 was waived and said ordinance was introduced: AYES: (4) Councilmen Beary, Flores, Smith and Robert: NOES: (1) Councilman Hopkins Ordinance No. 172 AN ORDINANCE AMENDING ORDINANCE NO. 81, BEING THE SUBDIVI- SION ORDINANCE OF THE CITY OF ROHNERT PARK SO AS TO AMEND TEXT CONCERNING MINIMUM WIDTH AT BUILDING SET BACK LINE File No. 0185 Amendment to Zoning Ordinance concerning Site REquirement for Duplexes, Additional Multi - Family Rosi- City Manager Callinan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved by the following roll call vote, the reading of Ordinance No. 172 was waived and said ordinance was introduced: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith, and Roberts NOES: (0) None City Manager Callinan reviewed proceedings to date on File No. 0185 and advised of the Planning Commission recommend- ation for adoption of the proposed ordinance. He advised that notice of the scheduled public hearing had been pub- lished in the.Clarion and sent to individuals, firms, and organizations expressing an interest in same. dential District and Off-street Parking Requirements for Multi- Family and Duplex Districts Page -6- May 15, 1972 Mayor Roberts declared the public hearing open on File No. 0185 Mr. Norman Spivock was recognized. He commented that the proposed ordinance seems to be another tool and thought it should be adopted. There being no one else desiring to be heard, the public hearing was declared closed. Ordinance No. 173 AN ORDINANCE AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Site requirement for duplexes, additional Multi- family Residential District and Off-street parking require- ments for Multi-family and Duplex Districts) City Manager Callinan explained the ordinance. Upon motion of Councilman Smith, seconded by Councilman Flores and unanimously approved, the reading of Ordinance No. 173 was waived and said ordinance was introduced. Recess Mayor Roberts declared a recess at this point in the meet- ing, the time being approximately 9:25 p.m. Reconvene Mayor Roberts reconvened the meeting at approximately 9:40 p.m. SCPEO Youth Council No one appeared as scheduled for the SCPEO Youth Council concerning campaign for Summer Jobs for Low Income Youths. Resolution No. 72-68 RESOLUTION AUTHORIZING AND ACCEPTING COVENANT FROM GARRI- SON PACIFIC PROPERTIES City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution No. 72-68 was waived and said resolution was adopted. Resolution No. 72-69 RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT WITH THE COUNTY OF SONOMA RELATING TO THE HIRING OF PLANNING ASSISTANTS City Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolu- tion No. 72-69 was waived and said resolution was adopted. Renalution No. 72-70 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ROHNERT PARK City Manager Callinan explained the resolution. Page -7- May 15, 1972 Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolu- tion No.72 -70 was waived and said resolution was adopted. Appeal of Planning Councilman Flores advised that since City Attorney Maxwell Co mission Decisions had prepared a proposed ordinance concerning Planning Com- mission denials of rezonings he would not speak on the item reflected on the agenda concerning appeal of Planning Com- mission decisions. Park Lights Councilman Flores initiated a brief discussion concerning the lights in Alicia and Benecia Parks and the advisability of possibly screening them to prevent breakage and vandal- ism. Staff will check on costs for same and report back to the Council. Kaiser Hospital Councilman Hopkins initiated a brief discussion concerning Meeting the Kaiser Hospital . meeting taking place at the County Offices and no city officials or staff being able to attend. Staff was requested to write to Kaiser Hospital to find . out what their plans are. City Manager Callinan reported that he had received a tele- phone call from Mrs. Marie Hatton who had expressed an interest in the meeting and would be in attendance at same. He advised that she had been requested to pass alogxg any information learned at the meeting. Redwood Empire Kennel Councilman Beary initiated a discussion regarding the recen, Club Dog Show Redwood Empire Kennel Club Dog Show held in Benecia Park and complaints he had received from residents living adja- cent to the park. Upon motion of Councilman Beary, seconded by Councilman Smith,azd unanimously approved, the Parks and Recreation Commission was directed to take a good look at the affects of the dog show and hold a public hearing before granting the same use for next year. High School Use of Councilman Beary reported on a recent conversation with College Football Sonoma State College President McGrath concerning the possi Field ble use of the college football field by Rancho Cotate High School and President McGrath's indication that it could be made available. Staff was requested to send a letter conveying this information to the high school and the Boosters Club. Speed Berms Councilman Beary initiated a discussion concerning the possible location of speed berms on local streets to slow down traffic. It was pointed out that they could create a dangerous condition for which the city might be liable. City Attorney Maxwell was requested to check on the matter. Mr. David Eck was recognized and asked what action a citizen could take if he observes a car go speeding by. Councilman Hopkins responded that he should take down the license num- ber and call the Police.Department. Page -8- May 15, 1.972 Mr. Bill Russell was recognized and advised that cars were often speeding on Burton Avenue and that he had called the Police Department numerous times without result. City Manager Callinan responded that if the license number is obtained, a warning citation can be given. Mr. Barry Godolphin was recognized and reported that the speed berms at Sonoma State College seemed to be quite successful and suggested the City Attorney check the city's liability if areas are posted with signs warning of the berms. Cotati School Board Councilman Smith acknowledged the presence of Mr. Anthony Members Carbone and newly elected Mrs. Gloria Garrett of the Cotati School Board and welcomed them to the meeting. School Space Councilman Smith initiated a discussion regarding school space and statements concerning same on Subdivision Reports from the State Real Estate Department. City Manager Calli- nan responded that the school districts had been notified that any school space problems should be noted so they could be included on the Subdivision Report. Mr. Anthony Carbone was recognized and participated in the discussion. Councilman Smith questioned when the Subdivision Report was presented to the home buyer. City Attorney Maxwell responded that it was presented before the sale is com- pleted. Further discussion followed concerning the possibility of renters signing a statement acknowledging receipt of information on school space. City Attorney Maxwell was directed to report on the feasibility of such a program at the next meeting. LAFC - Spheres of Councilman Smith M*itiated a discussion concerning the Influence Local Agency Formation Commission report on City Spheres of Influence and noted that a response from the Planning Commission or the City Council seemed to be appropriate. Staff was requested to place the matter on the agenda for the next regular meeting and also request the Planning Commission to respond. County Service Areas Councilman Smith initiated a brief discussion concerning the "Sheriff's Department Study" which will be considered by the Mayors' and Councilmen's Association and which re- lates to certain areas in the county requiring a high level of services in relation to county taxes paid in said area. Newspaper Coverage Mayor Roberts initiated a discussion with Clarion Editor Lyle Amlin relating to editorial notes to clabify state- ments made in published letters"to the editor. Page -9- May 15, 1972 Change in Tax Imposed City Manager Callinan reviewed.his memo to the Council on Dwelling Units For dated May 12, 1972 concerning suggested changes in the tax Recreational Facili- imposed on dwelling units for recreational facilities. A ties lengthy discussion followed with Parks and Recreation Com- missioners Kreischer and Mettert participating. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and approved by voice vote with Councilman Flores voting no, the schedule of fees for single family homes, as recommended by City Manager Callinan, was approved. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the schedule of fees for duplexes and apartments as amended by Council, was approved. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, the schedule of fees as amended by Council for adult mobile home parks and the schedule of fees for mobile home parks allowing children, were approved. Ordinance No. 174 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING ORDINANCE NO. 47 AS AMENDED BY ORDINANCE NO. 122 ( Recreational Fund; changes fees) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved by roll call vote, the reading of Ordinance No. 174 was waived and said ordinance was introduced: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith and Roberts NOES: (0) None Bike Path to College City Manager Callinan reviewed progress to date on the proposed bike path from Snyder Lane to the college. He reported that contributions are being; sought; college President McGrath and Nore Thiesfeld have advised that the college community is working on the project; Argonaut Constructors will do the work at cost; and the necessary AC and rock will be supplied by Kaiser Sand and Gravel at a much reduced rate. Code of Ethics City Manager Callinan brought to the attention of the Coun- cil the framed copy of the Code of Ethics adopted by the Council hanging in the Council Chambers. He advised that additional copies were available for display in the new City Office Building. Young America Homes- In response to a citizen's complaint related at the last Colegio Vista Sub- meeting, City Manager Callinan reported that the open storm Division drain pipe in Colegio Vista Subdivision was rather large and henceforth the engineer will require temporary bars at the end of such large open drain pipes until the streets ar; extended. Page -10- May 15, 1972 Public Safety Dept, City Manager Callinan reportedthat Public Safety Depart - ment personnel had responded on mutual aid calls, both to Cotati and Santa Rosa, to cover the recent demonstrations in response to President Nixon's mining of tie �viet %lam is bors, and some overtime had been accumulated as a result. CCCJ Grant for RAdios City Manager Callinan announced that approval of the grant application for communications equipment submitted to the California Council on Criminal Justice had been received by Chief Dennett, Use Permits Being City Attorney Maxwell verbally reported on the advantages Made Personal and disadvantages of making all use permits personal and recommended that they be made personal only in selected applications where the qualifications of personnel were of strong significance. Council indicated its approval of same, Withdrawing From City Attorney Maxwell introduced Mr. David S. Cooper, a Hospital District new attorney in his office. Mr. Cooper verbally reported on the procedures necessary for the city to withdraw from the Hillcrest Hospital District which are quite long and involved. Concealed Weapons in City Attorney Maxwell reported on carrying concealed wea-- Council Chambers pons in the council Chambers stating that it was within the power of the Council to prohibit same, but questioned the advisability of doing so, since enforcement would require posting of a sign and "frisking" of each person upon entering the Council Chambers. Discussion followed during which it was requested that the standards for issu- ing a concealed weapon permit be provided to the Council. Staff will report on same at the next regular meeting. Proposed Amendment City Attorney Maxwell advised that he had prepared a to Zoning Ordinance proposed ordinance concerning rezonings, appeals, and pub - re Planning Commis- lic hearings, and reviewed same. Discussion followed. sion Denials of Re- zoning The Council indicated its general approval of -the proposed ordinance and referred it to the Fiaaaning Commission for consideration and recommendation. Resolution No, 72-71 RESOLUTION APOINTING DAVID S. COOPER AS DEPUTY CITY ATTORNI City Attorney Maxwell explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary and unanimously approved, the reading of Resolution No. 72 -71 was waived and said resolution was adopted. Spoed Control Mr. Anthony Carbone was recognized and suggested that Re- serve Police Officers could be assigned to areas where excessive speeding occurs. A brief discussion followed. Page -11- May 15, 1972 Adjournment There being no further business, the meeting was adjourned at 11:30 p.m. Dep ty Citf Clerl(/ APPROVED: Mayor