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
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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
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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.