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1971/08/16 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES August 16, 1971 _ Tlie Council of the City of Rohnert Park met this date in regular'session commencing at 7:05 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 7:05 p.m. Present (4) Councilmen Buchanan, Roberts, Smith & Hopkins Absent: (1) Councilman Rogers Staff Present for all or part of the meeting:_ City Manager Callinan, Deputy City Attorney'Mawson, Direc- tor of Public Works Wiggins, Engineer Hudis, Director of Parks and Recreation Pekkain, and Planning Consultant Wes Vail. Approval of Minutes Upon motion of Councilman Buchanan, seconded by Councilman Smith and unanimously approved,, the minutes of July 30th and August 2nd, 1971 were approved as submitted. Approval of Bills Upon motion of Councilman Buchanan, seconded by Councilman .Smith and unanimously approved the bills presented per the attached list in the amount of $12,571.08 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. Resignation of Mrs. A letter of:- resignation from Mrs. Jane Faust from the Cul- Jane Faust from tural Arts Commission was brought to the Council''s,at,ten- Cultural Arts Com- tion by City Manager Callinan. mission & Artrium Upon motion by Councilman Smith, seconded by Councilman Buchanan and unanimousy approved, Mrs. Faust's resigna- tion from the Cultural Arts Commission and as the City's representative to Artrium was accepted with regret. Mr. Wes Faust - re Mr.`Wes Faust appeared before the Council and made a pre - fence in Sub 15B sentation regarding a problem of grading and drainage be- hind his property on Burton Avenue along the rear of which Young America Homes.had constructed a fence and retainer wall in connection with its development of the lots in Sub -' division 15 -B. A lengthy discussion was held with Mr. Faust, City Manager Callinan, Engineer Hudis and the Coun- cil all taking part. City Manager'-Callinan reported that he had received a telephone call today from Mr. James Steinberg, President of the Rohnert Park Homeowners Associa- tion who stated that the Association felt something should be done to help Mr. Faust and that a> letter would be forth- coming. Mr. Bill Mueller, representative from Young America Homes, also took part in the discussion. Council asked Deputy City Attorney Mawson to prepare a legal opinion as to who is responsible for fixing the problem if there is one this winter. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, authorization was given to install the additional fencing needed in Benecia Park. Page -2- August 16, 1971 Councilman Smith requested the record show that, whether legal or not, the City has a moral responsibility to the property owners on Burton Avenue. Mr. Faust stated that the reason for his appearance before the Council was to be on record in the event that the con - structed retaining wall does not work and he has problems as a result of its failure. Mr. Shevliakoff- Mr. Nicholas A. Shevliakoff , 7190 Brenda Way appeared, and Cat Problem presented a letter to the Council and spoke regarding a problem he is having with the cats on Brenda Way. After a lengthy discussion concerning cats in general, City Manager Callinan advised that he would follow -up on Mr. Shevliakoff's' particular problem with his neighbor's cats. Extra Lights for Director of Parks & Recreation Pekkain was present and Benecia Park brought the Council up to date on action taken at the last Parks & Recreation Commission M eeting. Mr. Pekkain -reported that the Recreation Commission had approved an additional light pole to be placed between center and left field at Benecia Park so that the field could be used for night football games by the local Pop Warner Football team and also some soccer games, also that this would broaden the scope of the possible uses for the field. Discussion was held with Dr. Don Davis participat- ing representing the local Pop Warner Football League team. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, the installation of an additional light pole in Benecia Park at the estimated cost of $1600 was authorized. Ivy for Community Discussion was held on the purchase of more ivy for the Center Community Center. It was pointed out,.that there are sever - al bare spots that need additional plants and that the existing ivy is starting to take hold, and that the amount of $260 had been included in the detailed Capital Improve- ment section of the Parks & Recreation budget request. Upon motion by Councilman Roberts, seconded by Councilman Buchanan and unanimously approved, the expenditure of $260 for more ivy to be planted at the Community Center was authorized. c Fencing at Benecia Director of Parks & Recreation Pekkain reported that there Park was a need for additions to the fences at Benecia Park ball diamond along the base lines and that this would cost approximately $568. Discussion was held. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, authorization was given to install the additional fencing needed in Benecia Park. Page -3- August 16, 1971 Redwood Empire Director of Parks & Recreation Pekkain reported that the Kennel Club city had been contacted by the Redwood Empire Kennel Club regarding use of Benecia Park on May 7, 1972 for its dog show. He stated that this use had been approved by the Parts & Recreation Commission at its last meeting. File No. 0197 GgnEx Development Zoning Change Ordinance No. 151 rile ,ji0,.;0196 Zoning: ,of Lots in Colegio. Vista Sub- division Ordinance No. 153 Upon motion by Councilman Roberts, seconded by `,Councilman Smith and unanimously approved, the use of Benecia Park by the Redwood Empire Kennel Club on May 7,'1972 was approved. City Manager Callinan reported on previous action relative to the zoning to Regional Commercial of 12.acres at the southeast corner of Rohnert Park Expressway and Commerce Boulevard intersection. AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map Change) City Manager Callinan summarized the ordinance. Upon motion by Councilman Buchanan, seconded by Councilman Smith and unanimously_ approved, the reading of Ordinance No. 151 was waived and said ordinance was adopted. City Manager Callinan brought ;the Council up to date on the status of File 0196 - Rezoning,.of lots in Colegio Vista Subdivision #1 to R -18000 and advised that the matter had been set for public hearing per previous directive of the Council. Mayor Hopkins declared the public hearing open on the zon- ing of lots`in Colegio Vista Subdivision No. 1 to R- 1,8000 (Single Family). Mr. Allen Forsyth appeared and discussed his opposition to the rezoning with the Council. He indicated that his com- pany felt that'the.lots could be developed better with other than single family uses. City Manager Callinan pointed out that the zoning of the lotE to'R -1 did not preclude anyone from making an application for zoning to another zoning designation. He also stated that since the lots were originally developed for R -1 use that,this zoning designation should be initially placed on them. There being no one else desiring to be heard, Mayor Hopkins closed the public hearing. ORDINANCE AMENDING ZONING ORDINANCE NO. 63 ,(Zoning Map Change Colegio Vista Subdivision No. 1)- City Manager.Callinan, summarized the ordinance. Upon motion of. Councilman Smith, seconded by Councilman Roberts:.and unanimously approved by the following voice vote,,, Qx ixlance No. 153 was introduced: File No. 0198 Mrs. R.G. Guinn, 156 Adele Avenue - Use Permit Page -4- August 16, 1971 AYES: (4) Councilmen Buchanan, Roberts, Smith and Hopkins NOES: (0) ABSENT: (1) Councilman Rogers Sonoma County Planning Department representative Mr. Wes Vail gave a verbal staff report and stated that the Planning Department recommended denial of the use permit for Mrs. R. G. Guinn to have a poodle grooming service as.a home,. occupation. Mayor Hopkins declared the scheduled public hearing open for the use permit application of Mrs. R. G. Guinn, 156 Adele Avenue, for poodle grooming service as a home occu- pation. Mrs. Guinn was in the audience and stated that there would be no problem with traffic as they would have a pick -up and delivery service for the animals; that the use would be strictly a daytime business, and that there would not be more than four animals on the premises during one:day. There being no one else desiring to be heard, Mayor Hopkins declared the public hearing closed. .Discussion.was held and City Manager Callinan pointed out the restrictions placed on the former poodle grooming establishment, there being: 1. Permit be granted for one year. 2. That adequate enclosed containers be provided to store waste material, clippings and the cleaning of cages. 3. That all operations be conducted indoors and under sanitary conditions. 4. That no more than three animals be allowed on the premises at any one time and that no animals be allowed to be kept overnight. Upon motion of Councilman Roberts, seconded by Councilman Buchanan, and unanimously approved, the use permit for Mrs. Guinn of 156 Adele Avenue for poodle grooming service as a home occupation, subject to the above conditions, was approved. File No. 0199 City Manager. Callinan brought the City Council up to date on Mr. Martin Stone - Mr. Martin Stone's application for zoning of AP 143 - 330 -13 Zoning of AP 143- 330 -13 to RM- 1500 --PD. County Planner Vail commented on the plan submitted and said that careful consideration should be given to the density of certain areas. Mayor Hopkins declared open the scheduled public hearing on Mr. Stone's application.for.zoning of AP 143 - 330 -13 to RM- 1500 -P.D. Page -5- August 16, 1971 Mr. Rex Lotery, representing the architects engaged by Mr. Stone to draw the plans for "The Village" the development planned for AP 143- 330 -13, was present and gave a presenta- tion to the City Council, explaining the plans which were displayed. Mr. Nore Thiesfeld, Sonoma State College Building and Plann- ing Co- ordinator, appeared and commented in favor of the proposed development.but also offered some comments con - cerning possible improvements in the plans. Councilman Buchanan Councilman Buchanan left the Council Chambers during Mr. Leaves 6 returns Thiesfelds comments, the time being approximately 8:30 p.m and returned at approximately 8:33 p.m. Mr. Van Logan and Mr. Art Howard also appeared and expresseJ support for Mr. Stone's proposed development. Discussion was held concerning possibility of a child care center and general store within the complex, and the plans for landscaping the area. Ordinance No. 154 AN ORDINANCE AMENDING ORDINANCE N0. 63 (Zoning Map Change, AP 143- 330 -13) City Manager Callinan summarized the ordinance. Upon motion by Councilman Roberts, seconded by Councilman Buchanan and unanimously approved, the reading of Ordinance No. 154 was waived and said ordinance was introduced. Project No. 1968 -1a Engineer Hudis reported on Project No. 1968 -1a. He stated Coddingland, Unit No.2 that construction bids had been opened on Thursday and that Argonaut Constructors had been the low bidder. He reviewed the bids received and the amount to be paid by the Citycf Cotati if they want ti-e oversized sewer mains installed. City Manager Callinan introduced Mr. Larry Jensen of Wilson, Jones, Morton & Lynch who took part in the discussion with Council, Engineer Hudis and City M anager Callinan. Question was raised by Councilman Smith if the bids includes anticipated wage increases and if so perhaps they should be reduced in view of President Nixon's freeze on wages and prices. Discussion was held on the purchase of the bonds for the project. City Manager Callinan reported that Stone 6 Young- berg had submitted a letter -offer dated August 11, 1971 to buy the bonds at a 20% discount. He further reported that Stone 9 Youngberg indicated that a much better bond bid would be submitted if the freeway interchange overpass pro- ject was approved by the Federal and State authorities. In view of the high bond discount, Mr. Callinan said that Codding Enterprises and Roberts & Aguirre were trying to put a program together to purchase the bonds themselves. Page -6- August 16, 1971 „ City Manager Callinan commented that due to the bonds situ - ation that staff is not in a position to recommend that the project proceed at this time, but that the scheduled public hearing should be held and certain resolutions adopted and all other matters on the project held over until the next Council meeting. Mayor Hopkins declared open the public hearing on the En- gineer's Report concerning Project No. 1968 -1a, Coddingland, Unit No. 2 (area.west side of freeway - sewer and water). There being no one desiring to be heard, Mayor Hopkins de- clared the public hearing closed. Resolutbn No. 71 -99 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 71 -73 City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 71 -99 was waived and said resolution was adopted. Resolution No. 71 -100 A RESOLUTION AND ORDER ADOPTING ENGINEERS REPORT, CONFIRM - ING THE ASSESSMENT AND ORDERING THE WORK AND ACQUSITIONS (Coddingland Unit 2, Assessment District 1968 -1a) City Manager. Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 71 -100 was waived and said resolution was adopted. Resolution No. 17 -101 A RESOLUTION DESIGNATING COLLECTION OFFICER (Coddingland Unit 2 Assessment District 1968 -1a) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 71 -101 was waived and said resolution was adopted. Project No. 1970 -5 Engineer Hudis reported on Project No. 1970 -5, stating that Country Club Blvd. the project was 98% complete, and advised that Progress Payment No. 3 to Argonaut Constructors in the amount of $18,795.78 was in order. Upon motion of Councilman,Buchanan, seconded by Councilman Roberts and unanimously approved, Progress Payment No. 3 to Argonaut Constructors in the amount of $18,795.78 was approved. Project No. 1970 -8 Engineer Hudis reported on Project No. 1970 -8 and advised Hinebaugh Creek Bridge that Progress Payment No. 2 to Murdoch Engineering & Con - struction Company in the amount of $6,843.38 was in order. Page _7- August 16, 1971 Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, Progress Payment No. 2 to Murdoch Engineering & Construction Company in the amount of $6,843.38 was approved. Recess Mayor Hopkins declared a recess at this point in the meet - ing, the time being approximately 9:00 p.m. Reconvene Mayor Hopkins reconvened the meeting at approximately 9:05 P.M. Ordinance No. 152 AN ORDINANCE OF THE CITY OF ROHNERT PARK PROHIBITING EMISSION OR CREATION OF NOISE BEYOND CERTAIN LEVELS Deputy City Attorney Mawson summarized said ordinance. Upon motion by Councilman Smith, seconded by Councilman Buchanan, and approved by the following roll call vote, Ordinance No. 152 was adopted: AYES: (4) Councilmen Buchanan, Roberts, Smith and Mayor Hopkins NOES: (0) None ABSENT: (1) Councilman Rogers Councilman Smith stated that he supported adoption of the Ordinance, but that he would like the City to purchase equipment necessary to enforce this ordinance. The Council requested Mr.`Callinan to investigate types of equipment and costs and report back. Resolution No. 71 -102 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH NORTH - WESTERN PACIFIC RAILWAY COMPANY FOR RIGHT TO CONSTRUCT, ETC. ELECTRICAL CONDUIT BENEATH TRACKS OF RAILROAD AT ENGINEER STATION 2405 +60, MILE POST 5- 47.20 -X IN THE LOCATION SHOWN IN SAID AGREEMENT. City Manager Callinan summarized said resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved the reading of Resolution No. 71 -102 was waived and said resolution was adopted. Resolution No. 71 -103 RESOLUTION ENDORSING MEASURES RECOMMENDED FOR ESTABLISHMENT BY FEDERAL AND STATE LEGISLATION IN THE SAN FRANCISCO BAY AND WATERWAYS SYSTEM City Manager Callinan summarized said resolution. Upon motion by Councilman Smith, seconded by Councilman Buchanan and unanimously approved the reading of Resolution No. 71 -103 was waived, and said resolution was adapted. Page : -8- August 16, 1971 Resolutions Determining Discussion was held by the City Council concerning the pass - Amount of Money Necess- ing of resolutions referring to the property taxes for ary for Property Taxes 1971 -72 with Mayor Hopkins and Councilman Smith indicating For 1971 -72 that they intended to vote against the resolutions, thus indicating that due to Councilman Rogers' absence that the resolutions wouldn't receive the necessary votes for passage tonight. It was pointed out that the resolutions should be into the County by September 1, 1971. Deputy: City Attorney Mawson discussed the matter with the Council indicating that since the budget has been adopted that approval of the resole utions is simply a procedural matter. Suggestion was made by Councilman Buchanan to adjourn tonight's meeting to Thursday, August 19, 1971 at 7 :00 p.m. for the adoption of the needed resolutions. No official action was taken howeve, and the matter was deferred. Water Meters Councilman Buchanan initiated a discussion on possible installation of water meters for the City of Rohnert Park and suggested that the Council request staff to prepare a report concerning same. City Manager Callinan reported that he had contacted Yoder & Associates regarding a possible study of the City's entire water system and that any study of requiring water meters, should be deferred until he reports back on his discussions with Mr. Yoder. Director of Public Works Wiggins also took part in the discussion with the Council as did Deputy City Attorney Mawson. after which the matter was deferred. AB 1057 Discussion was held on Assembly Bill 1057. City Manager Callinan called the Council's attention to the letter from Mr. Henry Spomer of the Board of Supervisors regarding this matter. It was the general.feeling of the Council that sine Council has already made a stand on this bill, which was in harmony with the Board of Supervisor's position, that they would leave it as such and so notify the Board of Supervisor: Mayor & Councilmens Councilman Roberts reported that the next meeting of the Meeting Sonoma County Mayors & Councilmen's Association would be September 9, 1971 at the Altamire Restaurant in Sausalito, cost will be $7.00 and do not bring wives. Building Inspector City Manager Callinan reported that Building Inspector Barnhart will be required to retire as of October 1, 1971 as a result of Senate Bill 249 which amended the retirement law. He further stated that he had checked with the Public Employees Retirement System and there was no prohibition against continuing an employee in service by means of a contractual relationship rather than an employer- employee relationship. Mr. Callinan requestO that he be authorized to work out a contract with Mr. Barnhart. Discussion was held. Upon motion by Councilman Buchanan, seconded by C ouncilman Roberts and unanimously approved, City Manager Callinan was authorized to work out the details of a personal services contract with Mr. Barnhart. Page -9- August 16, 1971 Discussion was held on how the collections were coming as a result of the City's foreclosure action. Hinebaugh Creek City Manager Callinan stated that he had received a letter Drainage from Mr. Golis regarding the improvement of Hinebaugh Creek and that he would be responding to Mr. Golis' letter to the effect that he didn't think what Mr. Golis was proposing was legal or the intended use for assessment district pro- ceedings. File 0178 City Manager Callinan reported that the LAFC had disapproved the proposed Keiser Road Sanitation District for the pro- posed Sonoma Student Barn Silos. Resolution No. 71 -104 TESTIMONIAL RESOLUTION TO MARGUERITE HAHN City Manager Callinan read the proposed resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, Resolution No. 71 -104 was adopted. Davi Operation Deputy City Attorney Mav4son reported that the Davi business File 0060 was still up for sale, and that there was no change in the status of same. Citizens for Planned Mr. Harold Heth, representing the Citizens for Planned Community Community was present and stated that this organization was in favor of the re- enactment of Rohnert Park City Ordin- ance No. 28 Creating A Planning Commission and that they Discussion was also held on the possibility of a full -time Engineer /Building Inspector. Dedication of Sewer City Manager Callinan reported that the sewer plant was Plant now ready for dedication and asked for authorization to obtain a plaque and set dedication ceremonies. Authoriza- tion was'granted for City Manager Callinan to proceed. Group Insurance City Manager Callinan reported that as of August 1, 1971 the.city employees are covered for group health insurance through the 'Sonoma County Group Insurance Plan and that Insurance Agent Robert Sherrill obtained the life insurance coverage through Republic National LIfe with the amount on each employee raised from $3,000 to $4,000. 1915 Act Delinquen- City Manager Callinan asked the Council to authorize an cies additional loan of $10,000 to be added to the account at the Sonoma County Treasurer's office to cover the 1915 Act Delinquencies. Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, City Manager Callinan was authorized to increase the amount on deposit with the Sonoma County Treasurer by $10,000 to $40,000 to cover 1915 Act delinquencies. Discussion was held on how the collections were coming as a result of the City's foreclosure action. Hinebaugh Creek City Manager Callinan stated that he had received a letter Drainage from Mr. Golis regarding the improvement of Hinebaugh Creek and that he would be responding to Mr. Golis' letter to the effect that he didn't think what Mr. Golis was proposing was legal or the intended use for assessment district pro- ceedings. File 0178 City Manager Callinan reported that the LAFC had disapproved the proposed Keiser Road Sanitation District for the pro- posed Sonoma Student Barn Silos. Resolution No. 71 -104 TESTIMONIAL RESOLUTION TO MARGUERITE HAHN City Manager Callinan read the proposed resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, Resolution No. 71 -104 was adopted. Davi Operation Deputy City Attorney Mav4son reported that the Davi business File 0060 was still up for sale, and that there was no change in the status of same. Citizens for Planned Mr. Harold Heth, representing the Citizens for Planned Community Community was present and stated that this organization was in favor of the re- enactment of Rohnert Park City Ordin- ance No. 28 Creating A Planning Commission and that they Page -10- August 16, 1971 would be more than happy to work with the City Manager re- garding same. Ordinance re Noise. Mr. Wesley Faust, resident from 7432 Burton Avenue was recognized and questioned Ordinance No. 152 regarding noise. He advised that a copy of the,ordinance would be sent to him. Adjournment There being no further business, the meeting was adjourned at 9:50 p.m. Nip Ci Cler j c.: APPROVED: A M yor