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1971/06/21 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES June 21, 1971 The Council of the City of Rohnert Park met this date in regular session commencing at 7 :20 p.m. in the City Offices, 435 Southwest Blvd., Rohnert Park, with Mayor Hopkins presiding. The regular session was preceded by an executive session which commenced at 7 :00 p.m. and at which City Manager Callinan and all Councilmen were present, and which was held to discuss appointments to the Parks and Recreation Commission and the Cultural Arts Commission. Call to Order Mayor Hopkins called the meeting of the regular session to order at approximately 7 :20 p.m. Roll Call Present: (5) Councilmen Buchanan, Roberts,Rogerq Smith and Hopkins Absent: (0) None Staff Present for all or part of the meeting: City Manager Callinan, Deputy City Attorney Mawson, and Engineer Hudis Executive Session Mayor Hopkins announced that an executive session had been held prior to the regular session to dis cuss appointments to the Parks and Recreation Corr mission and the Cultural Arts Commission. Pledge of Mayor Hopkins led the pledge of allegiance. Allegiance Approval of Upon motion of Councilman Rogers, seconded by Minutes Councilman Buchanan, and unanimously approved, the minutes of June 7, 1971 were approved as submitted. Approval of Bills Upon motion of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the bills presented per the attached list in the amount of $16,259.42 were approved. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any communication except as specifically noted in these minutes. Citizens for a Mr. John Smaby appeared before the Council to Planned Community announce the formation of a new group called "Citizens for a Planned Community" and to advise that the group was formed to make positive sug- gestions concerning planning matters since a great deal of pressure for growth in Rohnert Pare is anticipated. A brief discussion followed dur- ing which appreciation for the interest of the group was expressed. Page -2-'_ -1 I'll `7 -1 tj u n e 2: 11 , I j ( I Mrs. Angela Kor-nher- C ity T ?____ C0 -a 111 L-a -a n exp- 1 -a irn e- d tln -a t I'Vir s . A rig e-u Kornher had requested time on the agenda to seek permission to keep four dogs at her residence at 330 Bonnie Avenue and that he had explained to her the applicable ordinances expressly prohibit- ed said number of dogs. He presumed by her ab- sence that she intended to reduce the number of dogs being kept at her residence. Appointments to Upon motion of Councilman Rogers, seconded by Parks & Recrea- Councilman Buchanan, and unanimously approved - the following —1-1 ra*'-' -vrn+n all those per- tion Commission b- sons presently on the Parks and Recreation Com- mission were reappoin+arl for another year begli-.n_- T­ I — '1 1 9r7 -1 VLILJ_�y 5, 1 , I with the right to appoint a chairman from the existing members expressly re- served to the Commission. AYES.- (5) Councilmen Buchanan, Roberts, Rogers, Smith and Hopkins NOES: (0) None Cultural Arts Upon motion of Councilman Rogers, seconded by Commission Councilman Buchanan, and approved by the follow- ing roll call vote, Commissioner James Dempsey was reappointed for a four year term beginning July 1, 1971 on the Cultural Arts Commission: AYES: (4) Councilmen Buchanan, Rogers, Smith and Hopkins NOES: (1) Councilman Roberts Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved by I the folloWLng roll call vote, Commissioner Armando Flores was reappointed for a four year term beginning July 1, 1971 on the Cultural Arts Commission: A Y EP SS I T? n IN n -n + a re n Y� Q Smith and. Hopkins NOES: (0) None Redwood Empire A brief discussion was held concerning the con- Disposal sideration of the garbage franchise earlier than the scheduled agenda time. Some opposition was expressed by Councilman Smith and the represent- atives from Redwood Empire Disposal indicated they would wait until the time scheduled on the agenda. Ballet Guild Cultural Arts Commissioner James Dempsey intro- duced Mr. Tom Decker, 7684 Santa Barbara Drive, the temporary chairman of the Rohnert Park Ballet Page -3- June 21, 1971 Guild. Mr. Decker appeared before the Council to request $350 to aid in presenting the Guild's first show. Upon questioning, Mr. Decker advised that the funds would be used for rental fees, janitorial fees, guest artists, programs, tickets and miscellaneous items. Discussion followed. Councilman Rogers made a. motion to endorse the Cultural Arts Commission's recommendation to authorize the expenditure of $350 for the Rohnert Park Ballet Guild to be used for its initial per- formance. Discussion followed regarding the de- sirability of providing ballet instruction for young girls rather than assisting the Ballet Guild. Councilman Rogers' motion was seconded by Council- man Buchanan and approved by the following roll call vote: AYES: (3) Councilmen Buchanan, Rogers and Hopkins NOES: (2) Councilmen Roberts and Smith File 0193 City Manager Callinan reviewed Mr. Walter Walter Griffin Griffin's application for a variance for a patio Appl. for Va.ri- cover which would extend to the side property ance line at his residence at 7831 Adrian Drive and provided some photographs and a drawing for the Council's review. He reported that County Plan- ner Vail had recommended that the patio roof line not be allowed to come to the property line, but other staff members felt it would not be objec- tionable in this instance provided a gutter and downspouts were installed to prevent any storm . water run -off to the adjacent property. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the Council made the necessary findings and the variance for the patio cover as requested by Mr. Griffin was approved with the understanding that the rain gutter would be installed as suggested by staff. File 0182 Deputy City Attorney Mawson reviewed past action Bridgit Drive on the Bridgit Drive lots, AP Nos. 143- 181 -13 Lots AP Nos. through 17, provisions of the ordinance relating 143 - 181 -13 to the RM -1500 designation, and opinioned that through 17 the Council did have the right to control density and architecture. Discussion followed. Upon motion of Councilman Smith, seconded by Coun cilman Rogers, and unanimously approved, all plans for the remaining undeveloped lot on Page -4- June 21, 1971 Bridgit Drive, which backs up to the Adrian Drive lots -and for which an acceptable site development plan has not yet been submitted,(AP No. 143-181- 13,)must come before the Council for review and approval and all residents in the area who have expressed interest in the matter must be notified File No. 0119 City Manager Callihan reviewed past action on the Giffin Mobile improvement of Snyder Lane relating to the devel- Home Park. opment of Mr. Giffin's mobile home park. Mr. Everett Giffin was present and requested Ron Rasmussen of Marshall II-Ingineering to speak for him. Mr. Rasmussen advised that the developer -o A- 11 _n Ad �e r S t o o A- he would only Ila-vro +ri Jm�-"^-vre half file City Li - U,lt_ 11proV4 O.L a 60 foot roadway w-*--'- , U.L Uy �L. Lng Ulltz; balance and objected to putting in a 36 foot wide section. Mr. Callihan reviewed the file and con- ditions attached to the use permit which indi- cated that the developer shall improve Snyder Lane to the center line of its ultimate design, which would then be one half of a 72 foot wide paved area. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Buchanan, and unanimously approved, it was decid- ed to adhere to the original conditions reflect- ed in the file requiring the developer to install one half of the ultimate width of Snyder Lane. Mr. Giffin removal of to no pets requested Council consideration for Use Permit Condition No. 6 relating being allowed in the mobile home park. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, Use Permit No. 6 was removed. Mobile Home Sales City Manager Callinan reviewed Mr. Giffin's ver- Lot bal request for a temporary mobile home sales lot on the northwest corner of the Expressway and Commerce Blvd, Mr. Giffin advised that he would like to place mobile home coaches on the lot to sell. Upon questioning he reported he anticipated no more than 12 -mobile homes on the lot for a period of no longer than 24 months. Discussion followed. Councilman Rogers made a motion, seconded by Councilman Buchanan, to give tentative endorse- ment to Mr. Giffin for a mobile home sales lot on the northwest corner of the Expressway and Commerce Bivd. for a period of one year, subject to planning staff approval relative to site plan utilization. Discussion followed regarding having the sales Page -5-- June 21, 1971 lot before the mobile home park is ready for occupancy, Mr. Paul Golis, adjoining property owner, spoke in favor of the sales lot at the requested location. Councilman Roger's motion was approved by the following roll call vote; AYES: (3) Councilmen Buchanan, Rogers, and Hopkins NOES: (2) Councilmen Roberts and Smith Mr. Giffin requested the cost figure for half of the 72 foot road. Mr. Callinan advised that it was estimated at 956,573 by Engineer Hudis in May,1969. The Council indicated it would like to have the planning staff report directly to the Council when the report relative to the temporary mobile home sales lot is ready. Redwood Empire City Manager Callinan reviewed action at the la.s1 Disposal meeting relative to the increase in garbage rate,: Ordinance No. 149 AN ORDINANCE AMENDING ORDINANCE NO. 9, (Garbage Ordinance) (Changes Rates, Amount and Manner of Collection) City. Callinan summarized the ordinance. Councilman Rogers made a motion, seconded by Councilman Buchanan, to waive the reading of Ordinance No. 149 and introduce said ordinance. Discussion followed Councilmen Roberts Councilman Roberts left the Council Chambers at Leaves and Returns this point in the meeting, the tine being approx- imately 8:37 p.m. He returned at approximately 8:40 p.m. Mrs. Lillian Vaughn, 369 Bonnie Cto, was recog- nized and spoke briefly concerning the recycling program being conducted each week at the Rohnert Park Shopping Center parking lot which should result in householders having less garbage and rubbish for pickup. Mr, Louis Beary was recognized and advised he did not feel the Council can justify a rate in- crease without profit and cost figures available. Councilman Rogers motion was approved by the following roll call vote: Page -6® June 21, 1971 Y-PlIq - Pnirnnl - Irnp.r 'Runhq-nn-n- q.-nd Rogers NOES- (2) Councilmen Smith and Hopkins Councilman Smith stated for the record that his no vote was based on the fact that Redwood Empire Disposal had refused to provide him with the necessary breakdown of costs and therefore he had inadequate information. City Manager Callinan advised that the amendment to the agreement with the Redwood Empire Disposal Corporation would be presented after Ordinance No. 1A0 Wn� adopted, therefore that item listed _J On the agenda would be deferred to the next reg- ular meeting. Project No. 1968-1 City Manager Callinan reported that at the reque&, Coddingland Area of Codding Enterprises only -the water and sewer West of Freeway portion of Project No. 1968-1, Unit 2 will be advertised for bid and Engineer Hudis and Bond Counsel. Assaf should be ready to put the project out to bid next week. Councilman Rogers Councilman Rogers left the Council Chambers at Leaves and Returns this point in the meeting, the time being approx- imately 8047 p.m. He returned at approximately 8:48 p.m. Project No. 1970-5 City Manager Callinan reported that Project 1970- - Country Club Blvd. 5 Country Club Blvd. was under construction and that Progress Pa.,ment No. 1 to Argonaut Construc- tors in trie amount of $15,112.80 was in order. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, Progress Payment No. 1 to Argonaut Constructors for Project 1970-5 in the amount of $15,112.80 was approved. U 4- 4 A 'D-MQnTTTM-rnNT n-MMMT)1\/f-r1\TT-KT0 TT*hT-nA TTl A QQ-MC1Q-Rfr-01�TMQ A Vn 11-IL e s o -1 o n AT L1_Jj0V1JU.L.LUiN1 _L L'j 71-65 PROVIDING FOR ISSUANCE OF BONDS (Country Club Boulevard Improvement Project No. 1970-5) City Manager Callinan summarized the resolution. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71-65 was waived and said resolution was adopted. Recess Mayor Hopkins declared the meeting recessed at this point in the meeting, the time being approxi, mately 8:50 p.m. Page -7- June 219 1971 Reconvene Mayor Hopkins reconvened the meeting at approxi- mately 8x55 p.m. with all Councilmen present. Resolution No. RESOLUTION AUTHORIZING AND APPROVING EXECUTION 71 -66 OF AGREEMENT WITH NORTHWESTERN PACIFIC RAILROAD COMPANY (Expressway Grade Crossing) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No. 71 -66 was waived and said resolution was adopted. Resolution No. RESOLUTION ACCEPTING SUBDIVISION IMPROVEMENTS 71 -67 AND AUTHORIZING RELEASE OF BOND (Subdivisions Nos. 15 and 16, Unit B) City Manager Callinan summarized the resolution. Upon motion of Councilman Roberts, seconded by Councilman Smith, and approved with Councilman Rogers abstaining, the reading of Resolution No. 71 -67 was waived and said resolution was adopted. Highway Safety City Manager Callinan reported tLlat the resolu- Project Grant tion listed on the agenda authorizing the filing of application for the Highway Safety Project was not necessary and that word had been received that the grant application had been approved. Resolution No. RESOLUTION AUTHORIZING ACCEPTANCE OF DEED (Por- 71-68 tions of Country Club Drive and Camino Coronado) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, the reading of Resolution No. 71 -68 was waived and said resolution was adopted. Negotiations with At the request of Councilmen Roberts and Buchanan., Golf Pro Porter City Manager Callinan reviewed his memo to the Council dated June 18, 1971 giving the Cbunci.l's committee report on negotiations with Golf Pro Bob Porter. Discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and approved by the follow- ing roll call vote, the committee's report and Mr. Callinan's suggestions contained in his memo dated June 18, 1971 (copy attached) were endor- sed and the city attorney directed to prepare the necessary amendment to Mr. Porter's agree- ment with the city° Page -8- June 21, 1971 A VT! q - A.) Pmirnnilmpr T unliqyinn_ Rn'ht--rt..-__ RozPrs.. and Smith NOES: (0) None ABSTAIN. (1).Mayor Hopkins zi -1 1- -1 Councilman Smith stated for t1le- rteu-uoru- tu'1131 G L.L.Ls aye vote was on the assumption that Golf Pro Porter was in agreement with all points. Mayor Hopkins stated for the record that his abstention was because he was not sure where the money will come from for the changes. Earthauake Proof Councilman Roberts expressed his concern that Commercial Build- commercial buildings be built to earthquake proof ings standards. Engineer Hudis explained that the Uniform Building Code provides for design of buildings to withstand earthquake and windloads. Sub. 15B Retain- Councilman Roberts initiated a discussion regard- ing Wall and Fence ing the fence and retaining wall being installed by Young America Homes in Subdivision 15B at the rear of lots in the 7800 block of Burton Avenue. Mrs. Bernard Daley, 7874 Burton Avenue, Mrs. James LeBoeuf, 7858 Burton Avenue and Mrs. Jane Faust, 7432 Burton Avenue, participated in said discussion expressing concern over the materials being used and the manner of installation which they did not believe was according to plans sub- mitted for said fence and retaining wall. City Manager Callinan advised that he, Engineer Hudis, and Building Inspector Barnhart would inspect the installation the following day and gave assurance that any deficiencies would have to be corrected. Fire Reporting Councilman Roberts brought to the attention of the Council a resident's complaint that when reporting a fire recently the Cadet had sent an officer to investigate before sounding the fire horn, but understood that the cadet was now awar(. of proper procedures and the situation had been corrected. AB 1617 Councilman Smith reported an AB 1617 which would enable cities to levy a 5% sales tax on liquor consumed on the premises. A brief discussion followed. Upon motion of Councilman Roberts, seconded by Councilman Smith, and approved by the following roll call vote, the Council went on record in support of AB 1617. Page -9- June 21, 1971 AYES: (3) Councilmen Roberts, Smith and Hopkins NOES: (2) Councilmen Buchanan and Rogers AB 2294 Councilman Smith reported on AB 2294 which would remove the authority of cities to prohibit mobile homes or mobile home parks within all or certain zones in the cities. A brief discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the Council went on record in opposition to AB 2294. AB 2548 Councilman Smith reported on AB 254.8 which would re- evaluate liquor licenses to bring them more in line with business licenses. The Council felt it had inadequate information with which to make a recommendation, therefore no action was taken on AB 2548. Sales Tax Dis -, Councilman Smith brought to the attention of the tribution Council a resolution from the City of Woodlake requesting support for distribution of sales tax on a per capita basis. Discussion followed. Resolution No. RESOLUTION CONCERNING REDISTRIBUTION OF SALES 71--69 TAX REVENUES ON THE BASIS OF POPULATION City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, Resolution No. 71 -69 was adopted by title. Four Council Meet- Councilman Roberts initiated a discussion on ings Per Month the desirability of having four Council meetings per month with two being devoted to planning matters and two to other Council matters. During the discussion, it was suggested that perhaps a planning commission should be established. By consensus of the Council it was decided to con- tinue for the present with two meetings per month. AB 1057 Councilman Smith reported on AB 1057 which con- cerns formation of a Bay Area regional govern - ment. Upon motion of Councilman Roberts, seconded by Councilman Buchanan, and unanimously approved, the mayor was authorized to write a letter to Assembly ilan Bagley expressing opposition to AB 105'7. June -4 f'� 17 -1 Page -10- ri une 21, I Ij f I EDA Application City Manager Callinan reported that the appiiva- Interchange Over® Lion for an EDA grant for the freeway overpass pass had been filed and he hoped to have an indication within 60 days. Pronesed Budget Citv Manager Callinan briefly mentioned the 1971- 72 Budget - and requested the Council to indicate a date for the first work session. After a brief discussion, Monday, June 28 at 7:00 P.m. was set for the first budget work session. Councilman Smith requested a report on the percentage of city contribution for fringe benefits as compared to total salaries. SB nil r) CA y IT --- ger Ca"Jnar) brought to the attention of the Council SB 249 which concerns the Public Employees Retirement System. He advised that the employer's contribution would be increased sub- stantially if SB 249 is enacted, but the increase could be deferred to July 1, 1972 at the option of participating entities. Discussion followed. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, City Manager Callinan was authorized to request that any impact on the city by passage of SB 249 be deferred to July 1, 1972., Water System City Manager Callinan reported that the Sonoma County Water Agency had advised that there was difficulty in delivering enough water pressure to points south of Rohnert Park during periods of peak usage and that we may not be able to make a proposed connection to the Coyote aqueduct in East Cotati Avenue which would provide water to the Holiday Park Subdivision. 1915 Act City Manager Callinan advised that approximately Delinquencies $66,000 would be needed by the County Treasurer'F- Office to meet the payments due on July 2 on 1 1 r�z A -+ A cc�ccmov he I _' " V Uijon :notion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the filing of another foreclosure suit was authorized for the 1970-71 1915 Act delinquent assessments. Proposed Ordinance Deputy City Attorney Mawson advised that the Requiring Illu- proposeC. ordinance which would require illurni.na- .fination of House Ling of house numbers was not yet ready. The Numbers matter was deferred to the next regular meeting. City Attorney's Co,,,)n(�7._1,aan Smith co.m.,.nenUed concerning City Attor- Service ney Ma.-.­well not- -being present at recent council ciie e _Lj, .7LS a. Deputy Oi ty Attorney Mawson advised L, he felt that service to the city had actually Page -11- June 21, 1971 been expanded at no additional cost to the city. Discussion followed. Western Hosts Mr. Louis Beary was recognized and expressed con- cern at hearing of financial difficulties being experienced by Western Hosts. He also commented that the buildings under construction by Western Hosts do not seen to look like what was approved by the Council. City Manager Callinan explained that, according to word from Western Hosts, financial difficul- ties of Western Hosts were only temporary and should be straightened out in two or three weeks. He advised that the building design matter would be checked into. Ice Cream Trucks Mr. Roger Kreisher, 128 Alden Avenue, was recog- nized and expressed concern at the number of times a day the ice cream truck passes his resi- dence and also the loudness of the music and ask- ed if anything could be done about it. City Manager Callinan advised that there was no city ordinance regulating street vendors and perhaps one should be considered. He also men- tioned that an ordinance had been requested by Mrs. Jane Faust regarding noise. Adjournment There being no further business, the meeting was adjourned at 10010 p.m. to Monday, June 28, 1971 at 7000 p.m. y Deputy City Cl APPROVED: Mayor TNTEV w7v� h MIXONAN7911 TO; whe Honorable 101,001 and'. FaON members of the citj counC0 cc. Bob partay, DATE R. Maxwell. R. Albright B. Wiggins Recently Bob Porter sent a memo On 4e 7th, the Council appoin as a committee to meet with Mr. come to the following agreement Peter M. City Manager June 18, 1971 requesting changes to ted Councilmen Roberts Porter. The Committe with Bob-. his contract and Buchanan a has met and 1. Porter's monthly compensation remaining at $400 rather than reducing to *300 effective July 1, as provided in the agreement as now written. This amounts to $1200 annually. 2. Porter will cease being charged for th is presently being done at the rate of $1,020 annually for 3 years The shed $3 P 000 . golf cart shed as Y '85 a month or cost approximately 3 City will provide the cash register for the pro shop. City and Porter now each pay *30 monthly lease-purchase rental. Change would mean *30 per month for Porter or *360 annually. 4. Contract to be written so it terminates on January 31 or in the winter rather than June 30 which is in the middle of golf season. If the above is satisfactory to the Council as a whole, then Mr. Maxwell should be requested to prepare the necessary amendments. I suggest that the amendment also provide: 1® Termination date of January 31, 1972 with Porter given an option to continue as Pro for the 1/31/72 - 1/31/73 year (calendar year) provided 1971 green fees reach $120,000. 2. Porter still to receive 5% of greenfees over *85,000 to $110,000 and 25% over $110,000. 3. Porter's monthly retainer dropping to $300 for the January 31, 1972 to January 31, 1973 term. 4. Terms of contract after January 31, 1973 to be negotiated at end of 1972. 1 also suggest that Porter report to the Council of each month on his efforts to increase play at should also submit to the Council a written repo schedul6d, indicating the name of the tournament players, and other pertinent information. at the 1st meeting the course. He rat of all tournaments group, number of