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1979/05/14 City Council MinutesROUNERT PARK CITY COUNCIL MINUTES May 14, 1979 The Council of,the City.of Rohnert Park met this date in regular session commencing at 1:00 p.m. iri the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Roberts presiding. The regular session was preceded by an executive session which commenced at 7:00 p.m. and at which all Councilmen and'City,Manager.Callinan were present and which was held to discuss', personnel and litigation matters. 11 to Order Mayor Roberts - the meeting of the regular session .called . to order at approximately 7:12 p.m. and led the pledge of allegiance. 11 Call Present; (5) Councilmen Beary, Carbone, Hopkins, Stewart and Roberts Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan,,City Attorney Flitner, Planning Director Skanchy and Director of Public Works /City Engineer Brust. proval of Minutes Upon motion ok"Councilmari Hopkins, seconded by Councilman Beary, and unanimously approved, with Councilman Carbone abstaining from approval of the.April..23rd minutes, the ,minutes of April ;9a'April 16 and April 23 were approved as submitted. proval of.Bills Upon motion of Councilman Hopkins, seconded by Councilman Carbone,,an4 unanimously approved, the bills presented per the attached list in thd' amount of $1,908,666.31 were approved. Said t'6tal includes $15,967.50 for the Rohnert Park Civic Commission. P. Women's Assn. Reba.Roberts, President of the Rohnert Park Women's Association. Community Center was recognized and gave a report concerning the daytime :dication, and evening dedication ceremonies of the new community center on Snyder Lane. mrs. 16ber'ts ;presented the Mayor with a 9°guest book!' and report recapping revenues and expenditure for.the eeremonies.(a copy of which is attached to the original,., set of these minutes).' She informed that because the event.was such a success, both,the City and Chamber would be-reimbursed the,:$400 each ,initially contributed .towards the affair. solution No. 7993 RESOLUTION COMMENDING;,THE ROHNERT PARK WOMEN'S ASSOCIATION Upton motion'-of Councilman Stewart, seconded by Councilman Beary, and unanimously approvedy reading of Resolution No. 79- 93'was waived and said resolution was adopted. CONSENT CALEN.D'AR .. City Manager Callinan referred the Council to his Council meeting memo dated May 10, 1979 for explanation of all the matters on the Consent Calendar. Page -2 . May X r, iaea Resolution No. 79 -87� RESOLUTION APPOINTING ALTERNATE MEMBER TO THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND BOARD OF DIRECTORS Resolution No. 79=-88. RESOLUTION OF THE,CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING ADANDOPk1ENT OF DRAINAGE.'EASEMENT FROM ROHNERT PARK EXPRESSWAY TO HINEBAUGH ,.CREEK. (300' East of State Farm. Drive) Resolution No. 79-89 RESOLUTION AUTHORIZING SUBMISSION�OF.REQUEST FOR ALLOCATION OF FUNDS FROM THE STATE CROSSING PROTECTION FUND Resolution No. 79 -90, RESOLUTION OF THE CITY COUNCIY,;OF.THE CITY OF ROHNERT PARK ''APPRnVTNG 140DIFICATION OF AGREEMENT WITH COUNTY OF SONOMA (Rohnert Park Expressway) Resolution No. 79-x91 RESOLUTION COMMENDING JOEY GUINN Resolution No. 79 -92 RESOLUTION EXPRESSING APPRECIATION TO GORDON MILLER Final Map, File Approval of final map, File No. 04918 Willow Park Subdivision No. 0491,,W flow Park. (13.single family and fi =ltiple lots) and authorizing Subdivision, the "Mayor to execute,app�ropriate subdi;�is4on agreement prior to the map being released. Councilman Beary71ndicated that he might possibly `be` doing suit- contract,ang work for Henry ;Hicks, therefore, he would `from abstain voting.on_the:final` map for Willow Park Sub - division. Upon motion of Councilman Carbone, seconded by Councilman 4opkins, and unanimously approved, reading of Resolution NOS. 7.9 °87. through 79 -92 `,rae,waived and said resolutions were adopted. Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved by a voice vote with Councilman Beary abstaining, the Willow Park Subdivision final map. listed for approval.was approved. Councilman Beary stated for the record that as a sub - contract( he was abstaining from this matter,:although not having done work in`,'the past for this particular firm (Henry Hicks) , based on the City Counsel's opinion. Mr. Beary felt that this approach,t'o city business disinfranchised a substantial amount of tlie'populace from conducting city business. fie expressed that the law, with reference to the conflict of interest codes, prejudged him, as a sub - contractor, as prejudice. He felt this was wrong and infringed upon his equal rights under the law. Ordinance No. 363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE ROHNER.T PARK MUNICIPAL CODE, CHAPTER 10 (Uniform Traffic Ordinance) City Manager Callinan explained the ordinance. Page 3 May 14, 1979 Councilman Hopkins' motion to grant precise development ;plan and architectural review to Codding Enterprises for a 162 room motel was unanimously approved by a voice vote with Councilman Beary abstaining. ile No. 0674:- Planning Director Skanchy described..the site plan which odding Enterprises, was displayed for Codding Enterprises' application for etail /Commer.cial precise development plan :and :.architectural review for a hopping Center retail /commercial shopping c.er.-ter located on the south side of Rohnert Park Expressway, west of State Farm Drive. City Manager,Callinan informed that each Council member had received a copy.of his letter to Bond Counsel Assaf concerning the possibility of..creating an assessment district for certain on -site improvements in the area of the proposed shopping center:. Upon motion of Councilman Beary, seconded by Councilman '''Carbone, and unanimously approved, reading of Ordinance No. 363 was waived and said ordinance was introduced. Lanning and Zoning City Manager Callinan.informed that copies of planning atters staff reports, Planning Commission minutes,communications and other pertinent information relating to the "Planning and „Zoning Matters” section of the meeting agenda had been previously disseminated to each Council member. Each of the matters was scheduled for a duly noticed public hearing. Lle No. 0672 - Planning Director Skanchy. described the site plan which )dding Enterprises, was displayed ..for Codding Enterprises' application for atel precise development -pSan and:. architectural review for a 162 room :motel to:be located on.the. east side of South Santa Rosa.Avenue (Redwood Drive). Mayor Roberts opened the public hearing on Codding Enterprises' application for precise development plan and architectural review for a.162 room motel. (File 'No. 0672). There ; being no gone desiring:. to be heard, and no written communications received,:Mayor,Roberts closed the public hearing. Councilman Hopkins made.a motion, which was seconded by Councilman Carbone, :to >approve.Codding Enterprises' application for: precise development:.plan and architectural review for a 162 room motel to be located on the east side of South Santa Rosa Avenue (Redwood Drive), south of Hinebaugh Creek, subject to the conditions approved by the Planning Commission. Councilman Beary stated for the record that he had a history of having done work for Codding Enterprises and, based on that fact he would have to abstain on the matter. He ,felt that someone with a legitimate business is disinfranchised as.a:•representative because of the conflict of jnteres� Councilman Hopkins' motion to grant precise development ;plan and architectural review to Codding Enterprises for a 162 room motel was unanimously approved by a voice vote with Councilman Beary abstaining. ile No. 0674:- Planning Director Skanchy described..the site plan which odding Enterprises, was displayed for Codding Enterprises' application for etail /Commer.cial precise development plan :and :.architectural review for a hopping Center retail /commercial shopping c.er.-ter located on the south side of Rohnert Park Expressway, west of State Farm Drive. City Manager,Callinan informed that each Council member had received a copy.of his letter to Bond Counsel Assaf concerning the possibility of..creating an assessment district for certain on -site improvements in the area of the proposed shopping center:. Page 4 May l-'r, 197s Mayor Roberts Leaves Mayor Roberts informed that he had to leave the meeting to throw the first ball.at a Women's Softball League baseball game and turned over the gavel to Vice -Mayor Stewart who assumed chairing of the meeting at a >proximately 7 :553 : -p-n- Vice -Mayor Stewart opened the.public hearing on Codding Enterprises application for precise - development plan and architectural review for a retail /commercial shopping center (File No. 0674). There being no;one, desiring to be heard, and no written communications received, Vice- 1-14yor:Stewart closed - -the public hearing. Councilman Carbone made a motion, which was seconded by Councilman Hopkins, to approve Codding Enterprises' applica- tion for precise development plan_and.:architectural review fora retail/ commercial. shopping center located south of iohnert Park Expressway, west of State Farm Drive, subject to conditions approved by the Planning Commission. Councilman 'Bleary. stated f o r the record that v En zu se of his prior relationship with Codding Enterprises and because of the possibility that he may do sub- contracting work for that firm.in the future he was disinf,ranchised from voting on this matter. He felt -that this- denied his equal opportu- nity..and;constitutional right.to vote on the matter under the law. Councilman Carbone°s.mo.tion to grant precise development plan and architectural review to Codding Enterprises for a retail/ commercial shopping center was unanimously approved by the following -voice vote :. AXES: (3) .Councilmen Hopkins,- Carbone and Stewart NOES: (o) Noi3e . ABSTAIN: (1) Beary ABSENT: (1) Roberts File No. 0669 °- Planning Director Skanchy described :the revised site plan Avila Enterprises, which was displayed for Avila ;Enterprises' application for Taco Bell precise development plan and architectural review for a 1,450 square foot Taco Bell restaurant to be located on .the east side of Commerce Boulevard, north of Kentucky Fried_ Chicken and south of McDonalds restaurant. Vice -Mayor Stewart opened the public ,hearing on Avila Enter- prises° application for previse, development plan and architec review for a Taco Bell restaurant (File No. 0669). There being no;one desiring to be. heard, and no written communications-received, Vice -Mayor Stewart closed the public hearing. Councilman_ Carbone made a motion, which was seconded by Councilman Hopkins, to approve Avila Enterprises' application for precise development plan and architectural review for a Taco Bell restaurant located on Commerce Boulevard, between Kentucky Fried Chicken and McDonalds restaurants, subject to conditions approved by the Planning Commission. Page 5 May 14, 1979 Councilman.Beary stated for the record that because there was,a possibility he might be a bidder on this project he had to,abstain:beeause of.the conflict of interest laws. He felt that.people,in his position and industry are disin -- franchised from representing the public interest on an issue of this type. He felt that the conflict of interest laws were unfair-to people in construction type industries as well as`real estate'and.:that he didn't feel that the country's forefathers meant for this to happen. Councilman Carbon 's motion to grant precise development plan and architectural review to Avila Enterprises' for a Taco Bell restaurant was unanimously approved by the follow- ing.voice vote: AXES <,(3) Councilmen Carb6fie," Hopkins and Stewart NOES: - (0)�None ABSTAIN:­(1).Councilman Beary ABSENT: .. (1) Mayor Roberts layo:r Roberts Returns Maybr.Roberts,returned to the Council Chambers at approxiamtely $:07' p.m. and assumed chairing oU the meeting. Discussion followed between Council members and City Attorney Flitner..concerning interpretation of the State conflict of:interest, laws.. Tile No.= 0606:- Sonoma City'Manager Callinan informed-that the Sonoma Villas matter iilla Condominiums would be deferred. 'raffic Signals Fund City Manager Callinan reviewed his May 10th memo to the )rdinance Council..conceming the °proposed_ Traffic Signals Fund ordinance. He recommended that the Council receive any input at the scheduled: hearing, .close, the hearing and then consider the introduction of' the `proposed ordinance prepared by City Attorney,Flitner. He explained that after the ordinance is.introduced,.adopted at a subsequent meeting and in force for 30 days,. then.the,Council should conduct another public hearing at that time to determine the fees to be imposed under the, ordinance,: Mayor Roberts opened the public hearing concerning the proposed Traffic Signals Fund ordinance.,- City Manager Callinan informed,-that Larry Smith from Congtructior Industry Association called to say that he would not be in attendance at the Council meeting, but that he had received notice of the proposed ordinance, had polled the active members of.the Construction Industry Association in Rohnert Park and they felt.that the fee is appropriate and are empathetic: with:Rohnert Park's.: efforts to deal with Proposition 13. Mr. Howard Boggs, 5430�Commerce Boulevard, was recognized and "commented on the enactment of'a tax that would result in revenue for the installation of; traffic signals and its affect on,small developers'. He thought that gas tax funds paid for street lights and expressed that the individuals who should pay for the.lights,,should be the ones who use Page May 14g 1717 the services, that is not the small developers, but the merchants. He suggested that the pity look into a much broader based tax rather than imposing a tax that would inflict hardship on the small developers and who couldn't afford the additional cost as well as a large developer. He also pointed out that when a.tax is assessed it is passed on.,to the consumer in the form of higher prices. He didn't feel the small developer should have to pay for these type 'facilities and suggested.that the.Council investigate the matter further,before enacting the proposed fee. Mr. Jim Groom, 85 Scenic Avenue, was recognized and informed that b.e ire "ams a sm li, develo or and expros -sed opposition to the.imposition of a fee of approximately $500 per acre on undeveloped commercial land. He felt that there would be a lot of problems with the imposition of a special tax, such as.that proposed, in.that it was an attempt to circumven Proposition 13. In addition, - because the public would be voting on a tax limitation ini:t1ative he felt that if the city imposed a traffic signals fund fee, it should be prepare to refund the moneys collected if the matter is ruled on . at a later date. Wanda McCulloh, 1666 Layfette Drive, Santa Rosa, was recogniz and informed that she was a.local realtor. Mrs. McCulloh expressed..,her; opposition to the proposed additional fee for development saying that,she believed that Proposition 13 spoke for most of the taxpayers. She felt that the pro- posed tax would discourage.growth and development that the city has looked for. City- Manager Callinan advised that Mr. Hugh, Codding of Coddin Enterprises had called and indicated that he felt the fee was.reasonable. and appropriate. There being no.:one desiring.to be heard, and not written communications received, Mayor Roberts closed the public hearing Discussilon'followed between Council members and City Manager Callinan with Mr., Howard Boggs participating. Ordinance No..364 Ali ORDINAN'CE.OF THE CITY OF ROHNERT PARK REQUIRING THE PAY- MENT OF A FEE AS A CONDITION OF APPROVAL OF A FINAL MAP WAS A CONDITION OF ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF DEFRAYING THE ACTUAL OR EST11L41m COST fnT? CMVITRUC.. — a.,., .saw ,.ae.i }.,. ING BRIDGES OVER WATERWORKS, RAILWAYS, FREEWAYS AND CANYONS OR FOR DEFRAYING THE ACTUAL OR ESTIMATED COST OF CONSTRUCTING MAJOR THOROUGHFARES Upon motion of Councilman Hopkins, seconded by Councilman ,Carbone, and approved by the following roll call vote, readin of ordinance No. 364 was waived and said ordinance was introduced. AYES*: (3) Councilmen Carbone, Hopkins and Stewart NOES. (2) Councilmen Beary and Roberts Page 7 May 14, 1979 ,ltural Arts Mr. Jack Behl, 56 Allan Avenue, member of the Rohnert Park ,cognition and ,.Cultural Arts Corporation Board of Directors, was recognized nancial Contribution 'commented on varioais 'matters and then solicited support and recognition for individuals participating in community talent shows by having the Council purchase tickets for distribution to various individuals and /or participants. Discussion followed concerning Cultural Arts activities, the amphitheater, and Mt.,Behl °s relation with the Council and staff. tq Attorney Flitner City Attorney Flitner left the Council Chambers at approximately d Councilman,Carbone 8 :49 p.m.' Councilman.Carbone left the Chambers at approxima- ave tely. `8:51 "'P.m* and returned at approximately 8 :55 p.m. Councilman Beary made a 'motion to appropriate $250 to purchase tickets for talent show participants. Discussion followed during which'Councilman Beary withdrew his motion. Upon ;;motion of Councilman Beary, seconded by Councilman Carbone, an4'unanimously approved, the City Council directed that a joint meeting be set up between the Cultural Arts Corporation Boaia`of Directors and City Council in order to discuss matters and policies of mutual interest and to clean up any areas of disagreement or misunderstanding. City Manager Callinan indicated that he would work with the Mayor and meinbera of the Cultural Arts Corporation in setting up the joint meeting, cess Mayor Roberts declared a recess °at this point in the meeting the time being approximately 9 :'04 p.m* convene Mayor Roberts reconvened the meeting at approximately 9 :15 p.m. . Co. Dept. of Y4ayor Roberts- explained that time had been allotted on the blic Works, Re. Council meeting agenda to hear a progress report by represen -- ogress,Report,on tatives of the Sonoma County Department of Public Works ,stewater Reclamation concerning the,County Wastewater Reclamation Study. tie udy observed that members of the Petaluma 'City Council and'other', various officials were present in the audience. Director of ,Public . Worke /City Engineer Brust` informed' thAt - ° Don Head, Director and Hal Wood, .Civil Engineer for the Sonoma County Department of Public.Works as well as Mr. Sanford Koretsky °of Koretsky Associates were present. , Mr. Head was recognized and'briefly commented on the County's role in the preparation of the wastewater reclamation study. Mr. Sanford Koretsky was recognized and advised that Mr. Oliver Smith of his firm`was also present in the audience. Mr. Koretsky gave a presentation on the preparation of the wastewater reclamation study. After the indepth presentation by Mr,_Koretsk.y, a discussion followed between Council members and Mr. Koretsky but no action taken. Golf Course Matters' Severance Pay City.Manager Callinan reviewed his May 10th Council meeting memo concerning various golf course matters and presented the Council with a copy of a "severance pay allowance" schedu for former golf course employees of the city, a copy of which is attached to the original set of these minutes. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, the severancepay schedule for former golf course employees was approved with the condi- tion that should any former employee be re -hired by the city and he /she desires to have longevity restored at the time of re-hiring that, he re -pay the amount of severance pay to the city. Councilman Stewart Councilman Stewart left the Council Chambers at approximately Leaves 10 :25 p.m. Communications Communications per the-attached outline were brought to the attention of ,the.gity Council. No action was taken on any communications.unless specifically noted in these minutes. Pest Control Discussion followed.concernig a letter received from K. Randal Kenworthy, Attorney, regarding pest control and the city's Building Inspection Department. City Attorney Flitner informed that he would follow -up on the matter. Councilman ,.eary Councilman Beary left the Council Chambers at approximately Leaves 10 :27 p.m. City Manager's Report City Manager.Callinan referred the.Council to,his Council meeting memo dated May 10,.1979.to the City Council for explanation of.all matters on the City Manager's Report section of the agenda. Councilmen Beary and Councilmen Beary: and Stewart returned to the Council Chambers Stewart Return at approximately 10:30 p.m. Extension of Utility Upon motion of Councilman Carbone., seconded by Councilman Lines to RPJH Field Hopkins, and unanimously approved, the City Council authorizE extension of sewer and water mains to the site of the conces- sion /restroom building being developed on the Rohnert Park Junior High School field by.the Rohnert Park Babe Ruth Basebs League, with funds.for.the mains taken from the Capital Outic Fund for Neighborhoods A & B. Repayment of Loan Upon motion of Councilman Carbone, seconded by Councilman Hopkins, and unanimously approved, the City Council went on record as approving, the repayment from the General Fund of the $92,000 loan that the fund had borrowed from the Water and Sewer Funds in years past. S.R.U.R. Lawsuit City Manager Cailinan informed that the Federal District Court of appeals had ruled against the City of Rohnert Park in its lawsuit regarding the Santa Rosa Urban Renewal Projec9 and that Attorney William Brinton would be petitioning the court for a re- hearing on the matter and /or appropriately handling the matter to protect the city's interests. Page 9 May lea, 1979 City Attorney's Report City Attorney Flitner commented on: (1) a recent court ruling stipulating that a candidate must pay printing costs for his Candidate's Campaign Statement and,(2) a decision concern- ing the City of Woodland Hills and a Councilman who was disqualified from voting on a matter because of certain contributions made to his campaign fund, and (3) on certain provisions made in the Subdivision Map Act which allowed cities to collect fees to defray costs for construction bridges over waterworks, railways, freeways and major thorough - fares. Discussion followed. Ambulance Service Councilman Roberts initiated a discussion concerning service rates charged by Cadle's Mercy Ambulance Service. He was especially concerned about the levy of an additional fee for an "emergency run ". Discussion followed and City Manager Callinan indicated that he would investigate various ambulance rates further. Argicultural Advisory City Manager Callinan reviewed his May 10th Council meeting Committee Apt. memo asking the Council to make an appointment to replace Planning Director Skanchy on the County Agricultural Technical Advisory Committee because that group's meetings conflicted with Mr. Skanchy's attendance at Council meetings. Council members indicated they would get back to City Manager Callinan if a representative could be found to appoint to the position. Commission The Council directed that the persons on City Commission's Appointments whose terms expire on June 30th be contacted to determine who is interested in being considered for reappointment. Mayor and Councilmen's The Council authorized payment of the $75 requested by the Association Mayors and Councilmen's Association of Sonoma County to cover a pro rata share of the associations operating expenses. File No. 0501, Howard Mayor Roberts initiated a discussion concerning the Planning Boggs' Car Wash Use Commission's recent approval of a use permit for a car wash Permit for Mr. Howard Boggs and the fact that the car wash would not be required to use re- cycled water. A majority of the Council members requested that the Planning Commission's approval of the use permit be called up for Council review to consider imposing a condition to require the car wash to recycle its water. Adjournment There being no further business, Mayor Roberts adjourned the meeting at approximately 10:55 p.m. e APPROVED: 1,Lgyor Roberts f ZIo ty City Cle F s 7/&A COMMUNITY CENTER GRAND OPENING 271 Tickets paid 2 Larry Simons 269 Tickets Q 20.00 each 15,380.00 Total Ticket Sales 4,124.26 Los Robles 400.00 Band 60.00 Flowers 118.73 Decorations 677.01 200.00 Due for purchase of tickets for City and Chamber 877.01 K Profit from Evening Dinner Dance 83.46 Candles, stamp pad, stamp, guest book, pen, material for dedication plaque 196.10 Invitations 76.00 wine 154.57 cheese, crackers, cups, wine glasses, etc. 88.27 Fresh Frozen Goods 58.95 Cakes, cookies, coffee 216.00 Flowers 873.35 Afternoon expenses 877.01 Evening Profit 6 400.00 City Funds 6 400.00 Chamber Funds '1,677.01 Funds 873.35 Afternoon Expenses 803.66 Profit for the entire event 1 Garcia, Roskam, Wicks Phillips, Van Sluyters Benson Mendoza Oj inaga Dutt, Singh CITY OF ROHNERT PARK SEVERANCE PAY 4/30/79 GOLF COURSE EMPLOYEES SEVERANCE COST TO EMPLOYMENT PERIOD PAY CITY less than 6 months 6 mos. to 1 year 1 year completed 2 years completed 3 years completed 4 years completed 5 years completed 6 years completed 7 years completed 8 years completed 9 years completed 10 years completed -0- $ 100 200 400 600 800 1,000 1,200 1,400 La. 11 1,800 2,000 C f E $ 300 M 1,000 1,400 1,600 4,000 $9,100 COMPARISON OF BASIC PAY AND OTHER BENEFITS City of Rohnert Park /California Golf Tennis (4 /30/79) CITY OF ROHNERT PARK CALIF. GOLF TENNIS Basic Pay $1126.00 2% Longevity 22.52 No smoking 15,00 Live in City 13.00 Medical 80/20 No deductible 25.00 Dental 75.00 Sick leave (13 days) 689.10 /year 57.42 Retirement 41.20 Glasses $100 /year 8.33 Loss of vacation 22.08 265.04/Yr. for 5 Yr. Loss of four holidays 17.66 Loss of Interest at Great Western S & L $1373.21 We loose $372.37 per month! Basic Pay $5.50 Hr. 4 Wk $ 880.00 4 1/2 Wk 951.50 8 Hours overtime 8.25 66.00 Medical 80/20 $200 deductible None None None None Prepared by Brice Benson, Golf Course 16.66 $1000.84