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1974/07/01 City Council MinutesROHNERT:PARK CITY COUNCIL MINUTES July 1, 1974 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Beary presiding& The regular session was preceded by an executive session which commenced at 7:00 p.m. and at which all Councilmen, except Councilman Smith, City Manager Callinan, and City Attorney Flitner were present, and which was held to discuss personnel matters, possible litigation matters, and employee negotiation matters. Call to Order Mayor Beary called the meeting of the regular session to order at approximately 7:25 p.m. and led the pledge of allegiance. Roll Call Prp.Rpnt! (4) Councilmen Eck, Flores, Hopkins, and Beary Absent: (1) Councilman Smith Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, and Planning Director Skanchy. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the bills pvooented Per the attached list in the amount of $9► i,928.23 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 noted specifically in these minutes. Ordinance No. 229 AN ORDINANCE OF THE CITY OF ROHNERT PARK REQUIRING THE DEDICATION OF PARK LAND WITHIN CERTAIN RESIDENTIAL AND COMMERCIAL SUBDIVISIONS AND ESTABLISHING REGULATIONS AND STANDARDS :: FOR SUCH DEDICATION City Manager Callinan and City Attorney Flitner reviewed and explained the ordinance. Mr. Dick Codding of Codding Enterprises was recognized. He requested that adoption of the ordinance be deferred to allow time for its review by developers and other interested parties. He commented that it had only come to his firmts attention earlier in the day. Mr. Paul Golis of Cofego Enterprises was recognized. He onrnmpntpa that the ordinance is jeopardizing a right of his client; that it is arbitrary and capricious; and that he would like the opportunity to hear testimony under oath from those .who.,participated in the preparation of the ordinance. Page 2. July 1, 1974 Mr. Karney Barberian, Executive Director, Construction Industry Association of Sonoma County, was recognized. He commented that he had missed noticing the ordinance on prior agendas and'in the press and requested that it be deferred to allow time for review and better inform - ing those persons and firms who would be involved. Upon motion of Councilman Flores, seconded by Councilman Hop ?-ins, and approved by the following roll call vote, further consideration of Ordinance No. 229 was deferred to the next regular meeting with specific action to be taken at that time: AYES: (4) Councilmen Eck, Flores, Hopkins, and Beary NOES: (0) None ABSENT: (1) Councilman Smith' Councilman Eck stated for the record that in the future the Council should reserve the same right for citizens other than the construction industry. City Attorney Flitner advised that the Council is not under any obligation to submit to cross examination on the adoption of this or any other ordinance; that the Councilman's vote speaks for itself. Mr. Paul Golis was again recognized. He again stated that this ordinance is arbitrary and capricious and is a taking of property without due process of law and requested and demanded the right to cross examine the Council prior to its adoption. Mr. Dick Codding was again recognized. He expressed apologies for any remarks he might have made that would lead the Council to believe he thought they were trying to be deceptive; but that he and others interested had been lax in not noticing the matter earlier. Ovdinance No. 230 AMENDING ANIMAL CONTROL ORDINANCE (Re License and Redemption Fees) City manager Callinan reviewed and explained the proposed ordinance and gave comparative figures for other cities in Sonoma County which were shown on the chalkboard in the Council Chambers. Discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the reading of Ordinance No. 230 was waived and said ordinance was introduced. Upon motion of Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, Ordinance No. 230 was amended by deleting Section 2.2 relating to an increase in license fees. Ordinance No. 231 Page 3. July 1, 1974 AN ORDINANCE.TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, AND GENERAL 14ELFARE RELATING TO BUILDING AND HOUSING, AND AMENDING THE UNIFORM BUILDING CODE, 1973 EDITION; AMENDING ORDINANCE NO. 223, AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF (Re exterior siding thickness) City Manager Callinan explained the ordinance and advised that a public hearing would have to be held before the ordinance is adopted because it involves amending a uniform code adopted by reference. Mayor Beary declared a possible conflict of interest due to his contracting business and turned the chairing of the meeting over to Councilman Hopkins. Upon motion of Councilman Flores, seconded by Councilman Eck, and approved by the following roll call vote, read - ing of Ordinance No. 231 was waived and said ordinance was introduced: AYES: (3) Councilmen Eck, Flores, and Hopkins NOES: (0) None ABSTAIN: (1) Mayor Beary ABSENT: (1) Councilman Smith Glenn Durden inquired if he could spear: regarding the ordinance since he had comments to make concerning the building codes. Chairman Hopkins asked if his comments dealt specifically with the item (siding) under dis- cussion. Mr. Durden responded in the negative and the chair ruled his comments would have to wait until unscheduled public appearances. Councilman Hopkins returned the chairing of the meeting to Mayor Beary. R.esa_LuCion Pao. 74 -06 REQUESTING THE COUNTY OF SONOMA`TO TAKE A LEADERSHIP ROLE IN ENACTING AN INSURANCE PROGRAM FOR THE COUNTY OF SONOMA, AND INTERESTED CITIES City Manager Callinan explained the resolution. Dis- cussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 74 -86 was waived and said resolution was adopted. Proposed Resolution City Manager Callinan explained the proposed resolution r�_.� ....a-1 r,., r. r.i- rim. ;_ r »nnoarlir�cTC fnv+ IiNT+A- r Cli'P_ Ak:�-j'arul.Lng Em, inell� regui uiiag viiaa.iac aa� uva+ +u.a.aa N-vim — �..++.s�b.. - — - - -- - - -- Domain Proceedings He also noted that the property owner had signed cove For Library Site nants in connection with the overpass concerning the price of the subject property.. Project No. 1974-6 Rancho Verde Assessment Resolution No. 74-87 Page 4. July 1, 1974 Councilman Hopkins made a motion, seconded by Councilman Flores, to,aao'pt'the proposed resolution. Discussion followed during which other library sites considered were pointed out on the General Plan map on display and the selection of the Hunter Drive site being made as a result of library staff recommendations that a library should be located contiguous to or within a shopping center explained. City Attorney Flitner read the proposed resolution at the request of Mr. Paul Golis. Mr. Golis was recogniz ed. He suggested that a committee be appointed from the,Council to discuss and negotiate the purchase of the library site with his firm, Cofego Enterprises. Discussion followed. Councilmen Hopkins and Eck withdrew their motion and second respectively. Upon motion of Councilman Eck, seconded by Councilman Hopkins, and approved by the following voice vote, a committee from the Council will be established to meet with Mr. Paul Golis to negotiate acquisition of the pro- posed library site within the next two weeks: AYES: (3) Councilmen Eck, Hopkins, and Beary NOES: (1) Councilman Flores ABSENT: (1) Councilman Smith Councilmen Eck and Hopkins were designated as the com- mittee to negotiate acquisition of the proposed library site with Councilman Eck being the chairman. Councilman Flores requested that correspondence between the city and Cofego Enterprises be made public when the committee reports on the negotiations. The Council and staff indicated agreement with the request. City Manager Callinan explained the proposed Rancho Verde Assessment District and that it would be 1911 Act proceedings which would make the assessments a direct lien on the property. A brief discussion followed. I A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE RANCHO VERDE ASSESSMENT DISTRICT 1974-6 City Manager Callinan explained th6resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, Page 5. July 1, 1974 reading,of.Resolution No. 74 -87 was waived and said resolution was adopted: AYES: (4) Councilmen Eck, Flores, Hopkins, and Beary NOES: (0) None ABSENT: (1) Councilman Smith Resolution No. 74-88 A RESOLUTION..APPOINTING ENGINEER AND ATTORNEYS RANCHO VERDE ASSESSMENT DISTRICT 1974 -6 City Manager Callinan explained the resolution. .' Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, reading of Resal.ution No. 74 -88 was waived and said resolution was adopted: AYES: (4) 'Councilmen Eck, Flores, Hopkins, and Beary NOES: (0) None ABSENTt (1) Counc.lman Smith Resolution No. 74-89 A RESOLUTION OF INTENTION TO ACQUIRE IMPROVEMENTS RANCHO VERDE ASSESSMENT DISTRICT 1974-6 City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, reading of`Resolution No. 74-89 was waived and said resolution was adopted: AYES: (4) Councilmen Eck, Flores, Hopkins, and Beary NOES: (0') None ABSENT:. (1)' Councilman Smith Project No. 1974 -7 City Manager Callinan noted his conflict of interest by Country Club Estates ownership of a minority interest in Rodavco Company and Subd. No. 6- Rodavco asked if it would be proper for him to merely explain Company Request for the request for assessment district proceedings. Assessment District Proceedings City Attorney Flitner opinioned that it would be all right for Mr. Callinan to explain the request. City Manager Callinan explained the proposed assessment district, that it would be for 1911 Act Bonds and would become a first lien on the property; tndc cne u:ity wou.LU acquire the improvements and issue bonds; that assess - ment district proceedings would enable the cost of the subdivision improvements to be split up between the individual; lots. Discussion Followed. Page 6. July 1, 1974 Dr_. Don Davis, Secretary - Treasurer of Rodavr_o, was recognized. He explained there were 54 lots in the subdivision with 47 owned by Rodavco and 7 by other owners and assumed the other owners would participate in the assessment district proceedings. A brief dis- cussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, acquisition type assessment district proceedings were approved for Country Club Estates Subdivision No. 6: AYES: (4) Councilmen Eck, Flores, Hopkins, and Beary NOES: (0) None ABSENT: (1) Councilman Smith Project No. 1973 -11 City Manager Callinan pointed out the location of elec- Well Nos. 10 & 11 tric lines necessary to provide power to Well Nos. 10 and 11 on the General Plan map on display; advised that estimated cost was $10,000 which would come from the Development Improvement Fund as would the cost of the wells; that electric service would be underground except for a few temporary poles to service Well No. 11, but that when Gentry Homes develops its property the poles would ­'i be removed and underground service provided. Discussion followed with Ralph Fitch of P. G. & E. participating. File No. 0345, Zoning Ordinance Amendment to Add Veterinary Clinics and Small Animal Hospitals as Condition- al Uses In "C-N". "C_,R90 and P9P-All Districts Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, appropriate payment to P. G. 6 E. and execution of the necessary standard service.agreemen' was authorized to obtain electrical service to Well Nos. 10 and 11. Planning Director Skanchy advised that the Planning Commission had recommended approval of the proposed Zoning Ordinance amendment at its May 9th meeting and explained the proposed ordinance. City Manager Callinan advised that the scheduled public hearing had been noticed in the local newspaper. Mayor Beary declared the public hearing open on the Zoning Ordinance amendment, File No. 0345. Dr. Alice Simpson, 2067 Nordyke, Santa Rosa, was recog- nized. She advised that she had requested the subject amendment to the Zoning; Ordinance, had slides to support her position that animal hospitals are appropriate for the requested zones if the Council wished to see them, and noted the brochures which she had previously supplied to the Council. Discussion followed during which the Council indicated it would not be necessary to show-the., slides. Dr. Simpson answered questions of the Council Page 7. July 1, 1104 concerning sound proofing, sanitation, signs, and like matters. There being no one further desiring to be heard, Mayor Beary declared the public hearing closed. Ordinance No. 232 AN ORDINANCE OF THE CITY 01' ROHNERT PARK AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Veterinary clinics and hospitals for small animals) Planning Director Skanchy explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the reading of Ordinance No. 232 was waived and said ordinance was introduced. Councilman Eck made a motion, seconded by Councilman Hopkins, and unanimously approved, to have the Planning C(imMiQSinn ne-%ncMn" the in the booklet pr- vided by Dr. Simpson entitled "Veterinary Medical Facili- ties Today" pertaining to odor and sound control and signs when making findings on the use permit for a veterinary medical facility. Recess Mayor Beary declared a recess at this point in the meet- ing, the time being approximately 8:50 p.m. Reconvene Mayor Beary reconvened the meeting at approximately 9:00 p.m. with all Councilmen except Councilman Smith present. Representatives from The representativ6s from the City of Santa Rosa agreed to City of Santa Rosa re let David Mori speak first regarding the Weight Lifters Santa Rosa Growth Group since he had left employment obligations to appear, Management Plan Mrs. Rita Durden re City Manager Callinan advised that Mrs. Rita Durden had Parking on Santa called and cancelled her scheduled appearance concerning Alicia Drive parking on Santa Alicia Drive. David Mori re Weight Mr. David Mori appeared and made a presentation concern- Lifters Group ing the establishment of a weight lifting club for the community. He explained that it would also be a health program, would involve teenagers, $100 was being requested to purchase awards for teenagers, that funds for adult awards have been committed by a sponsor, and answered questions of the Council. In response to a question from the Council he stated that the proposed club would have open membership. A brief discussion followed. Upon motion of Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, $100 was approved for Mo " nll 0+ A Councilman Flores suggested that the Parks and Recreation Director work weight lifting into the recreation pro- gram. The Council concurred with the suggestion. Page 80 July 1, 1974 Representatives from Mr. David Baker, Planning Director.for the City of Santa City of Santa Rosa re Rosa appeared. He gave some background on the Santa Santa Rosa Growth Rosa Growth Management Plan advising it had been started Management Plan when the LAFC directed cities to prepare a Spheres of Influence plan.. He explained and reviewed the "Five Year Urban Expansion Program ", "Santa Rosa Growth Manage - ment Plan", °and the "Conceptual Open Space Plan" maps on display. Mr. Baker explained that the City of Santa Rosa's ultimate boundary line abuts the Rohnert Park General Plan boundary, thus the reason or his appearance. Discussion followed. Councilman Hopkins stated for the record he did not parti- cipate in the discussion since he may be sitting on LAFCO when the matter comes before it. ABCO Cab Co., Request City Manager. Callinan reviewed the rate increases being for Rate Increase requested by ABCO Cab Co. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the requested rate increases for ABCO Cab Co. will be set for public hear- ing. Agreement with SCOPE City Manager Callinan reviewed the Memorandum of Agree- ment between the City Manager and SCOPE representative dated June 21, 1974 and advised it was now subject to ratification by the City Council.. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and approved by the following roll 'call vote, the Memorandum of Agreement dated June 21, 1974 between the "City Manager and SCOPE representative was ratified:' AYES: (4) Councilmen Eck, Flores, Hopkins, and Beary NOES: (0) None ABSENT: (1) Councilman Smith Recycling Center 'Mr. James Stevenson of Garbage Reincarnation appeared. He advised that until it is determined. how much recycled material can be collected in Rohnert Park his firm feels it would need $300 for an eight week project (8 Saturdays). After that time it would be determined how often a pro- gram of recycling would be offered and there would be no further cost to the city. City Manager Callinan noted that representatives of Redwood Empire Disposal had been present earlier and had conveyed to him their feelings that the city should not subsidize a recycling program. Councilman Eck noted a discussion between himself and college student Jim Lowry during which Mr. Lowry men- Page 9. July 1, 1974 tioned that funds might be available through TRACE (a rehabilitation program for the trainable mentally re- tarded). Discussion followed during which it was suggested that a Council committee meet with representatives of Garbage Reincarnated, Redwood Empire Disposal, and Mr. Lowry to work out details and get a recycling program started. Mr. Bryce Suderow, 8010 Petaluma Hill Road, Penngrove, was recognized. He indicated he would like to meet with the suggested committee. Mr. Peter Eleazar of Penngrove, affiliated with Garbage Reincarnation, was recognized. He answered questions of the Council and participated in discussion of the matter. Upon motion of Councilman Hopkins, seconded by Councilman Flores- and approved by the following roll call vote, Counciiman Eck and Mayor Beary were appointed to meet with representatives of Redwood Empire Disposal, Garbage Reincarnation, and Mr. Jim Lowry and were authorized to make the necessary arrangements to begin a recycling program in Rohnert Park: AYES: (4) Councilmen Eck, Flores, Hopkins, and Beary NOES: (0) None ABSENT: 00 Councilman Smith In response to a question.from Mr. Stevenson, it was clarified that Mayor Beary and Councilman Eck will rep-a . resent the City Council and act on behalf of the Council. A brief discussion followed during which it was decided that the committee would meet Wednesday, July 3, at 8:00 a.m. in the City Offices. 1()711-75 Pvopn-,o<i Biirlget City Manager Callinan presented the 197475 Proposed Budget and noted that it represented an increase of approximately $400,000 over last year's budget. A brief discussion followed. , Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, work sessions on the 1974.75 Proposed Budget will commence Monday, July 8, at 4:00 p.m. in the City Offices. Crime Prevention City Manager Callinan advised that the first meeting had Project been held of the POST Crime Prevention Advisory Committee and a list of the members had been provided to each Councilman. He noted that the purpose of the committee was to develop a curricula for POST sponsored courses in crime prevention; that the Officer Bill and no all night Page 10. July 1, 1974 parking areas were mentioned to the committee and had been thought to be excellent programs. Cotati Street Sweeping City Manager Callinan requested that consideration of Cotati street 'sweeping be deferred Engineering Proposals, City Manager Callinan requested that a work session be for Interceptor held to determine how best to proceed on the engineering proposals for the interceptor. He advised that Jess Diaz of'the State Water Quality Control Board had informed that a letter of conceptual approval will be forthcoming, that it must be submitted to the Environmental Protection Agency for approval before transmitting it to the city; that one condition is that approval will be based upon a joint powers agreement being entered into between Santa Rosa and Rohnert Park by August 1. Mr. Callinan further advised that a copy of the tentative waste discharge requirements had been received and that a public hearing will be held on same July 24; that legal notice of the public hearing had been published in the local newspaper and posted in accordance with state requirements. Discussion followed during which it was decided to consider the engineering proposals for the interceptor at the next regular meeting. County Water Agreement City Manager Callinan noted that copies of the latest draft of County Water Agreement had been received earlier in the day and would be scheduled for consideration at the next regular meeting. Golf Course Sheds City Manager Callinan advised that the Rohnert Park Men's Golf Club had requested use of a. shed at the golf course for storage of equipment. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, staff was authorized to work with the Men's Golf Club in improving a shed at the golf course for storage of equipment. Hinebaugh Creek City Manager Callinan noted that an article on the land - Landscaping Article scaping of Hinebaugh Creek had been published in the Public Works magazine for July. City Attorney's Report City Attorney Plitner advised he had nothing to report. Appointment to County Mayor Leary requested the members of the press in attend - General Plan, Transpor- ance to publicize the opening on the County General Plan, tation Advisory Transportation Advisory Committee, indicating that appoint - Committee ment would be made at the next regular meeting:. Vacancy on Parks and Mayor Leary advised there was a vacancy on the Parks and Recreation Commission Recreation Commission and requested. the members of the press to publicize same, indicating that appointment would be made at the next regular meeting. Page 11. July 1, 1974 Open Space Bond Councilman Hopkins advised that he had received no com- Flection ments from the public in support of an open space bond election and therefore feels until it appears that a two-thirds majority vote is possible it should not be placed on the ballot; that without strong public support it would be a waste of money. Mayor Beary requested that his written comments submitted to each member of the Council be made a part of the record. A copy of said comments is attached to the original of these minutes, "God" and Schools Councilman Hopkins initiated a discussion concerning the Matter recent court ruling on use of the "Thanksgiving" song in school. Mr. Glenn Durden was recognized and commented that he did not feel the will of the majority should be imposed on the minority. Mr. James Stevenson was recognized and asked if the Council felt that the church and state should be together. Counc-ilman Hopkins responded- in the negative. Discussion followed with Mr. Durden and Mr. Stevenson participating. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the Council went on record in support of the Cotati-Rohnert Park Elementary School District position relative to the use of the Thanksgiving song as published in the state text book and urged the State Superintendent of Schools to resolve the matter. SB 1816 Councilman Hopkins initiated a brief discussion regarding SB 1816. Mayor Beary advised that the Council had taken a position of opposition to SB 1816 at the last meeting and letters had been sent advising of same to Senators Collier and Behr. Proclamation re Mayor. Beary read and signed a proclamation setting aside Youth Employment Week the week of July 1 - July 7 as Youth Employment Week. Conflict of Interest Councilman Eck inquired about the status of the Conflict Law of Interest law. City Attorney Flitner advised he believed statements would have to be filed in September but would advise the Council further as soon as he had read the recent court decision on the matter. Painting Concession Councilman Flores initlaLecl a ll.[ ief Stand at Benecia Park painting of the concession stand at Benecia Park. Upon motion of Councilman Flores, seconded by Councilman Eck, and unanimously approved, a letter will be sent to Page 12. July 1, 1974 service organizations requesting help in painting the concession stand at Benecia Park with the materials to be supplied by the city. Construction Techniques Mr. Glenn Durden, 872 Santa .Alicia Drive, appeared and commented he believed that insulation should be manda- tory in homes as well as fire blocking due to safety factors. Discussion followed during which staff pointed out that building codes are statewide and could only be amended to accommodate unique local situations. The Council indicated that Mr. Durden's suggestions were good ones and perhaps they could be incorporated into the Uniform Building Code by the state. Mr. Durden inquired if any studies had been done to deter- mine at what point increased development would bring in an outside labor force. Discussion followed during which it was noted that the city had made no such study but perhaps labor unions might have some information on the matter. Animal Control City Manager Callinan requested clarification on the Ordinance No. 230 Animal 'Control ordinance introduced earlier in the meeting pointing out that state law requires animal license fees to be one -half the regular fee for spayed or neutered animals and this would in effect reduce current license fees and asked if that was the intent of the Council. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, license fees will be $3.00 for unaltered animals and $1.50 for spayed or neutered ones. Adjournment There being no further business, Mayor Beary adjourned the meeting at approximately 11:00 p.m. Deputy Cit Jerk (_