Loading...
1970/12/07 City Council MinutesROMMT PARK CITY COUNCIL N=ES December 7, 1970 The 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 Boulevard, Rohnert Park, with Mayor Smith presiding. Call to Order Mayor Smith called the meeting of the regular session to order at approximately 7 :05 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Hopkins, Roberts, Rogers and Smith Late: (1) Councilman Buchanan, his time of arrival is specifically noted in the minutes. Staff Present: City Manager Callinan and City Attorney Maxwell. Approval of Minutes Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the minutes of November 9, 16 and 23 were approved as submitted. Approval of Bills Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the bills presented to the Council in the amount of $149540.32 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. League of California Councilman Roberts initiated a brief discussion regarding a Cities Annual Meet- resolution of the Needles, California City Council concern- ing ing programs for the annual meeting of the League of Cali- fornia Cities suggesting the dual development of programs, one group for small cities and one group for large cities. Upon motion of Councilman Roberts, seconded by Councilman Rogers, and unanimously approved, the Council went on record as supporting the Needles, California resolution. Councilman Buchanan's Councilman Buchanan arrived at this point in the meeting, Arrival the time being approximately 7 :10 p.m. Drainage Improve- Councilman Hopkins read a letter received by him from Mr. ments Paul Golis dated November 25, 1970 and a copy of letter from Carl Jackson, Sonoma County Water Agency, to City Manager Callinan dated October.29, 19700 regarding drainage' improvements for the area. Councilman Hopkins directed City Manager Callinan to pro- vide information surrounding the matter of a drainage ditch behind the Mitchell Realty Building and requested a letter be solicited from the Sonoma County Water Agency outlining plans for construction of drainage improvements. Page -2 December 7, 1970 City Manager Callinan advised that a letter dated December 4, 1970 had been sent to the Sonoma County Water Agency outlining the city's understanding regarding construction of drainage improvements. He recommended that further dis- cussion on this matter be deferred until Mr. Golis was pre- sent to participate and the Council agreed. Drainage Ditch Councilman Buchanan suggested that the drainage ditch along Golf Course Drive the road, to the Golf Course could perhaps be made a little deeper. Mr. Callinan advised that he would investigate the matter. Campaign Signs City Manager Callinan read the proposed ordinance regarding campaign signs and advised that notice of the public hearing had been published in The Clarion on November 17. Mayor Smith declared the public hearing open. City Manager Callinan advised that no written communications concerning the proposed ordinance had been received. There being no one wishing to be heard Mayor Smith declared the public hearing closed. Councilman Hopkins stated for the record that he felt some - one running for office on a limited budget was being dis- criminated against and that no more signs were needed in the community. Ordinance No. 139 AN ORDINANCE AMENDING TEXT OF ORDINANCE NO. 63 -- ZONING ORDINANCE (Regulation of Campaign Signs) Upon motion of Councilman Roberts, seconded by Councilman Rogers, and approved by the following roll call vote, the reading of Ordinance N,. ,19 was waived and said Ordinance was introduced: °.. AYES: Ct�-) Councilmen Buchanan, Roberts, Rogers NOES: W Councilman Hopkins and Smith Project No. 1966 -2 Mayor Smith declared the public hearing open on Project No. 1966 -2. amended Assessment No. 4 Ci+v Mana.nAr Ca.l l ina.n rnnn•r+PA tha.t rniinp of the nublin hearing had been published November 10 and 17 in the Clarion and advised that no written communications had been received. There being no one wishing to be heard, Mayor Smith declared ,the public hearing closed. Resolution No. 70 -149 A RESOLUTION CONFIRMING AMENDED ASSESSMM (Sonoma State Expressway Improvement Project No. 1966 -2, Assessment No.4) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, the reading of Resolution Page -3- December 7, 1970 No. 70 -149 was waived and said resolution was adopted. Ordinance No. 138 AN ORDINANCE ATTENDING ORDINANCE NO. 63 -- ZONING ORDINANCE (Re Freeway traffic directhnal signs) City Manager Callinan summarized the ordinance. Councilman Rogers made a motion to adopt Ordinance No. 138. Said motion was seconded by Councilman Buchanan, Discussion followed. The motion to adopt Ordinance No. 138 was approved by the following roll call vote: AYES: (4) Councilmen Buchanan, Roberts, Rogers & Smith NOES: (1) Councilman Hopkins Mayor Smith stated for the record that he voted aye with reservations concerning the limitation on distance between signs and expected the Council would receive numerous re- quests for exceptions. Resolution No. 70 -150 A RESOLUTION OF CODE OF ETHICS OF THE CITY OF ROHNERT PARK Mayor Smith read a statement concerning the proposed Resolu- tion of Code of Ethics of the City of Rohnert Park which is attached to the original of these minutes. A motion was made by Mayor Smith to adopt said resolution. At the request of Councilman Hopkins, City Attorney Maxwell commented on the Bsolution advising that its language was rather broad and that the Civil Code already covered situa- tions in which a Councilman might have a conflict of interest The motion to adopt Resolution No. 70 -150 died for lack of a second. Resolution No. 70 -151 RESOLUTION AUTHORIZING STOP SIGNS (Snyder Lane at Rohnert Park Expresevay) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No. 70 -151 was waived and said resolution was adopted. Sub 15B Retaining Mr. Bill Mueller, Young America Homes, was introduced. He Wall and Fence presented plans for a retaining wall and fence to be con - structed in Subdivisnn 15B between the lots in the subdivi- sion and the adjacent built -on lots fronting on Burton Avenue. Discussion followed during which Mr. Lawrence Swenson also briefly participated. Councilman Rogers declared a conflict of interest and did', not take part in the discussion or. voting. Upon motion of Mayor Smith, seconded by Councilman Roberts, Page -4- December 7, 1970 and unanimously avoroved with Councilman Rogers abstaining the Council indicated no objection to the plans as submitted subject to their approval by Engineer Hudis, and directed representatives of Young America Homes to consult the property owners affected to insure agreement of all parties involved. Electrical Service City Manager Callinan reviewed previous Council action on to Young America the extension of electrical service to the Young America Homes Office Homes' office building being constructed on Commerce Boule- vard. Mr. Bill Mueller, Young America Homes, appeared and urged the Council to reconsider its action and authorize a streamlin- ing system rather than total undergrvunding. Di.ecussion followed. Mr. Paul Golis was recognized and spoke in support of Young America Homes request for approval for streamlining of electrical utilities to their new office site. Further discussion followed during which Mayor Smith challenged Councilman Rogers right to vote in the matter. City Attorney Maxwell was requested 9)r an opinion and opinioned that Councilman Rogers could vote. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following roll call vote, the Council rescinded its previous action and approved the streamlining type of electrical service to the new office site of Young America Homes on Commerce Boulevard: AYES: (3) Councilmen Buchanan, Roberts and Rogers NOES: (2) Councilmen Hopkins and Smith Mayor Smith requested an opinion from City Attorney Maxwell concerning what vote was necessary to rescind an action of the Council. City Attorney Maxwell advised he would check o: it during recess. Upon motion of Councilman Roberts, seconded by Councilman RnnIri nst _ a.na unanimously approvedl staff was directed to work out a policy for electrical service for the area on Commerce Boulevard north of the Expressway. Undergrounding Mr. Ralph Fitch, Pacific Gas & Electric Company, verbally District reported on the status of the proposed undergrounding district in the area of Adrian Drive and Southwest Boulevard He advised that cost of the project would be approximately $43,000. He indicated that he would work with city staff on the details to get a contribution from the County of Sonoma's undergrounding -funds and to set the matter for public hearing. Page -5- December 7, 1970 Development of City Manager Callinan reviewed discussions with Cod'ding Expressway West Enterprises regarding development of the Rohnert Park Express- way westward and referred to his letter dated November 199 1970 to Codding Enterprises and the firm's reply dated November 20, 1970. Council directed staff to forward the communications to the County Planning Department for review and comment. Drainage Improvements Noting that Mr. Paul Golis was now present, the matter of drainage improvements was again brought up for discussion by Mayor Smith. City Manager Callinan reviewed matters concerning planned drainage projects and read a letter dated December 4, 1970 from Mr. Callinan to Sonoma County Water Agency regarding same. Mr. Paul Golis was recognized and commented, urging the Council to give top priority to drainage improvements that would benefit the Municipal Golf Course. Discussion followed. It was decided to postpone further discussion until Mr. Bart Mitchell could be present to participate since his name was mentioned concerning the planned improve- ment to the creek adjacent to his office building and in Mr. Golis' communication concerning same. Opinion re Denial Mr. Art Howard was recognized and requested an opinion from of Use Permit City Attorney Maxwell as to whether or not an application for a use permit could be resubmitted at any time if it had been denied without prejudice. He was advised in the affirmative. Recess Mayor Smith declared the meeting recessed at this point, the time being approximately 8 :50 p.m. Reconvene Mayor Smith reconvened the meeting at approximately 9:OOp.m. Project 1968 -1 Unit City Manager Callinan gave a verbal status report on Project 2, Western Area 1968 -1, Unit 2, Western Area Serer Trunk advising that Sewer Trunk Engineer Hudis had designed and planned to call for bids on two sewer main alternatives, one of which would be sized to serve Cotati. Mr. Callinan further advised that as soon as Engineer Hudis has the water system for the area designed that the project will be submitted to bond counsel and the Council for the formal assessment district proceedings. Project 1968 -2 City Manager Callinan reported on Project No. 1968 -2 Golf Golf Lake Estates Lakes Estates advising that a petition had been received along with Engineer Hudis' certificate that it had enough signatures and that all documents were sent to Bond Counsel Assaf for review and preparation of the necessary documents to commence assessment district proceedings. Page -6- December 7, 1970 Proieet No. 107(1. -A ` City Manager Callinan ren ooted that Southwest Boulevard Southwest Boulevard had been opened to thepublic this date, that the street light poles should be received by December 15 and installed as soon as possible thereafter. He further advised that Progress Payment No. 3 in the amount of $26,940.64 to O.C. Jones & Sons had been submitted by Engineer Hudis. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved Progress Payment No. 3 in the amount of $26,940.64 to O.C. Jones & Sons was approved Prn jert No. 1970 -7 fity Manager Callinan reported on the status of Pre) ject Water Pollution No. 1970 -7, Water Pollution Control Plant and again invited C nntrnl P1 a.n+: all mom'hanc nf -1.11'M i-n tri ci + +'ha City Manager Callinan advised that applications for the plant operator position were being processed. City Manager Callinan advised that Progress Payment No. 4 in the amount of $34,015.23 to J. R. Peters Engineering Con- struction was in order. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, Progress Payment No. 4 in the amount of $34,015.23 to J. R. Peters Engineering Construction was approved. Project No. 1970 -8 City Manager Callinan reported on Project No. 1970 -8 and Commerce Blvd. requested authorization to call for bids on the project. Bridge at Hime- He advised that the city should have a firm commitment for Baugh Creek the impm vement of Himebaugh Creek before letting a contract for the bridge. Discussion followed with Mr. Golis partici- pating. Mr. Golis indicated that he was prepared to exca- vate Himebaugh Creek but would expect the city or county to install a.ny la.ndsra.ping- or fencing to be required. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, staff was authorized to call for bids on Project 1970 -89 Commerce Boulevard Bridge at Himebaugh Creek and to approach the county regard- ing the fencing and landscaping if required and to contact the pro-ert- owners hats�rrling the imYlrovement of Himebaugh Creek between the freeway and the railroad. Supt. of Public Works City Manager Callinan advised the Council. that Supt. of Wiggins Public Works Wiggins had received the KPLS Citizen of the day award on October 29, 1970. Chamber of City Manager Callinan advised the Council that the Chamber Commerce Sign of Commerce had refunded to the city $224.72 of the funds advanced several years ago for the industrial area directory sign. Financial Report City Manager Callinan passed out the Financial Report for 1969 -70 to the Council and noted two minor printing errors. Page -7- December 7, 1970 Land next to Golf City Manager Callinan reported that Norman Spivock had Course brought to his attention a landlocked parcel of land, A.P. No. 143- 360 -Og, comprising approximately 1.77 acres adjoining the golf course and which belonged to Mr. Fred Rohnert. He advised that he intended to contact Mr. Rohnert concerning the possible acquisition of this parcel by the city. Cat Regulations City Attorney Maxwell reported that only one city in Cali- fornia licenses cats and recommended as an alternative to licensing the giving of more authority to the Animal Control Officer and Public Safety Officers and advised he would draft an ordinance to so do if the Council desired. Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, City Attorney Maxwell was directed to draft an ordinance along the lines set forth above. Agreement with City Attorney Maxwell reported he had met with County Coun- County sel regarding an agreement with the County to service the city's 1911 Act Bonds and hopefully would have an agreement to present at the next regular Council meeting. Legal Opinion City Attorney Maxwell advised the Council, in response to Mayor Smith's questior earlier in the meeting, that Coun- cil action could be rescinded by a majority vote. Visitors Recognized Mayor Smith recognized visitors in the audience who intro- duced themselves as follows: Paul Friedman, Michelle LaVoie, and Regina Cowens all of a Sonoma State College Political Science class. Adjournment There being no further business, the meeting was adjourned at approximately 9:25 p.m. to December 149 1970 at 7 :30 p.m. Depot City Aerk APPROVED: may7r r CITY A UK 8 4, Mar A 4 1roposed P630 0) 19?01 initiated a Vale lution en i t led 0 Robnept z ­°Ajs 0 1 D y on 'ta 'in Members r GoctIon toot ve a tai ot I Kr'9 a unex0ec Attorney Mov to fbomal. council In (2" t,3r 00onci, was Wons Of sel, seo ted. On It should 3urt Jo"Id 1"p""n just , iqtereat was not it -face talote d intent, �r c"ti.vltles and L oS in t ent on 8 0 f t Poobit, W08 not "Me In no }'u sloes 8 position t to or ransaction yrsoqaj XTN t h ant,,,, r 'r hc"--'Ire o -not of lal s duties on which woul incompatible 01tJ est or or (11 t end to 1 the poope�' action In the impair , 05tea. Penrormaoc, or a2C4 Cvna0PeqdenC 0 AN 0 � wa s aNtanly not �3 CC ?'7)Jo'v'i tz. that to achieve an'tbi 0, A councilman cannot 4 <.1 requires !h that is Constructl1re tz' 1 91 '920-11 tr a aDd Jor th(S-1 4, ons he ...Jore.. . Vo UK 8 4, Mar A 4 1roposed P630 0) 19?01 initiated a Vale lution en i t led 0 Robnept z ­°Ajs 0 1 D y on 'ta 'in Members r GoctIon toot ve a tai ot I Kr'9 a unex0ec Attorney Mov to fbomal. council In (2" t,3r 00onci, was Wons Of sel, seo ted. On It should 3urt Jo"Id 1"p""n just , iqtereat was not it -face talote d intent, �r c"ti.vltles and L oS in t ent on 8 0 f t Poobit, W08 not "Me In no }'u sloes 8 position t to or ransaction yrsoqaj XTN t h ant,,,, r 'r hc"--'Ire o -not of lal s duties on which woul incompatible 01tJ est or or (11 t end to 1 the poope�' action In the impair , 05tea. Penrormaoc, or a2C4 Cvna0PeqdenC 0 AN 0 � wa s aNtanly not �3 CC ?'7)Jo'v'i tz. that to achieve an'tbi 0, A councilman cannot 4 <.1 requires !h that is Constructl1re tz' 1 91 '920-11 tr a aDd Jor th(S-1 4, ons he ...Jore.. . Vernon P. Smith December 7, 1970 -2- Councilmen, of necessity, develop a spirit of compromise. If, however a Councilman is in a minority on a particular issue, it is still his responsibility to vote as he believes, and to forcefully impart his point of view. Therefore, I move for the adoption of A Resolution of Code of Ethics of the City of Johnert Park. A, The action or inacti on Just tahen re iiii- id s me : 1 Councilman is not allowed to run the train - - and the whistles he cantt blow He is not allownd to say how far the rail cars can go He is not allowed to shoot off steam or, even clang the bell But lot it jump the (Jog one cnd see who cathes HELL1117 Gentlemen, thnt train jumped the track earlier this year, an (de-railed some of the stn with it'j, ... pray it doesn't happen again.