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1974/05/06 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES - May 6, 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. Call to Order Mayor Beary called the meeting of the regular session to ' °order at approximately 7 :00 p.m. and led the pledge of '.allegiance. Roll Call Present: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planning Director Skanchy, and Parks and Recreation Director Pekkain Approval of Minutes Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the City Council minutes of April 1, 15, and 29,.the Rohnert Park District minutes of March 1.8 and April 1, and.-the Rohnert Park Civic Commission minutes of April 1 and 15 were approved as submitted. Councilman Smith abstained from approval of the April 29 City Council minutes due to his absence from that meeting. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the bills presented per the attached list in the amount. of $28,168.16 were - approved. Said total includes $200 for the Rohnert Park Civic Commission. 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. Officer Gallagher- Upon motion of Councilman Flores, seconded by Councilman Peace Officer of the Smith, and unanimously approved staff was directed to Month Award prepare an appropriate Certificate of Appreciation for Officer Gallagher indicating the pride of the City in his selection-as Peace Officer of the Month by the Sonoma County Board of Realtors. Vacation of Drainage City Manager Caliinan advised that notice of the public Easement Through Site hearing for vacation of a drainage easement through the of Self Service site `of the Self Service Furniture Store had been given Furniture Store by publication of legal notice in the local newspaper and also that the Planning Commission had indicated'no' objection to the vacation of said easement. Mayor Beary declared the public hearing open on the vacation of drainage easement through the site of Self Service Furniture Store. Page 2. May 6, 1974 There being no one desiring to speak and no written communications received, Mayor Beary declared the public hearing closed. Resolution No. 74 -55 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL ORDERING THE VACATION OF A DRAINAGE EASEMENT THROUGH SITE OF SELF- SERVICE FURNITURE STORE Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the reading of Resolu- tion No. 74 -55 was waived and said resolution was adopted. Vacation of Roadway City Manager Callinan advised that notice of the public Easement in Colegio hearing for vacation of a roadway easement in Colegio Vista Subdivision No. 2 Vista Subdivision No. 2 had been given by publication of legal notice in the local newspaper and also that the Planning Commission had indicated no objection to the vacation of said easement. Mayor Beary declared the public hearing open on the vacation of "roadway easement in Colegio Vista Subdivision No. 2. There being no one desiring to speak and no written communications received, Mayor Beary declared the public hearing closed. Resolution No. 74 -56 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL ORDERING THE VACATION OF A THIRTY (301) FOOT ROADWAY EASEMENT IN COLEGIO VISTA SUBDIVISION NO. 2 IN THE CITY OF ROHNERT PARK _ Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the reading of Resolu- tion No. 74 -56 was waived and said resolution was adopted. Resolution No. 74 -57 RESOLUTION ACCEPTING GRANT DEED (Right of Way for East Side of Country Club Drive North of Eleanor Avenue) Resolution No. 74 -58 RESOLUTION AUTHORIZING AND APPROVING GRANTING OF EASEMENTS TO PACIFIC TELEPHONE & TELEGRAPH COMPANY (In Golf Course Drive Right of Way and on Country Club Drive Adjacent to Public Facilities Site) Resolution No. 74 -59 RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING INSTALLATION OF STOP SIGN Resolution No. 74 -60 RESOLUTION AUTHORIZING AND APPROVING REMOVAL OF CERTAIN STOP SIGN Resolution No. 74 -61 RESOLUTION ACCEPTING SUBDIVISION IMPROVEMENTS AND AUTHORIZING RELEASE OF BOND (Col'egio Vista Subdivision, Unit No. 1) Page 3. May 6, 1974 Resolution No. 7462 RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT WITH PETALUMA HIGH SCHOOL DISTRICT FOR CONSTURCTION AND INSTALLATION OF TENNIS COURT IMPROVEMENTS AT RANCHO COTATE HIGH SCHOOL Resolution No. 74 -63 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION - ARLEN, ADRIAN, AND ALMOND DRIVE OVERLAYS, PROJECT NO. 1973 --12 Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution Nos. 74-57 through 74 ®63 was waived and said . resolutions ons were adopted, . M.I.F. Chemical Co.- City Manager Callinan reviewed his memo to the Coun it Treatment for Sewer dated May 3 concerning a proposal from M.I.F. Chemical Co. Plant Odors to apply its product in the sewage treatment process to eliminate plant odors. Discussion followed during which it was decided to defer further consideration of the matter until later in the meeting when it was hoped that Consulting Engineer_ Gilligan might be present. Ordinance No. 226 AN ORDINANCE AMENDING ORDINANCE NO. 91 AS AMENDED BY ORDINANCE NO. 145 BY REDUCING THE FRANCHISE FEE (CABLE TV) City Manager Callinan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved by the following roll call vote, the reading of Ordinance No. 226 was waived and said ordinance was adopted: AYES: (5) Councilmen Eck,,Flores, Hopkins, Smith, and Beary NOES: (0) None File 0228, Cotati Planning Director Skanchy advised that landscaping has Performance Center been completed at Cotati Performance Center, the sign Appeal of Planning has been relocated from the public right of way, the Commission Revocation sign on the south end of the structure removed, and of Use Permit that Cotati Performance Center was now in full compliance with its use permit conditions. Mayor Beary declared the continued public hearing for Cotati Performance Center open. There being no one desiring to be heard, and no written communications received, Mayor Beary declared the public hearing closed. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, the Planning Commission revocation of use permit.was reversed and the appeal of. Cotati Performance Center upheld upon the finding that all conditions of said use permit were now in compliance. Page 4. May 6, 1974 File 0348, Eugene Otis City Manager Callinan reviewed his memo to the Council Appeal of.Planning dated May-3 concerning the appeal of Eugene Otis of Commission Variance Planning Commission variance conditions for closing in Conditions for Closing garage. Further consideration of the matter`was'deferred_1� In Garage to later in the meeting pending the arrival of the appli- cant or his agent. File 0344, Fencing City Manager Callinan advised that discussion and con - Requirements for sideration of fencing requirements for residential lots Residential Lots backing onto the golf course should be deferred to the Backing Onto the next regular meeting since all the desired information Golf Course was not available at this time. Chamber of Commerce Rohnert Park Chamber of Commerce President Jack Eddinger Financial Report appeared, presented copies of an "Interim Financial Report" to,the Councilmen and staff and reviewed same. A brief discussion followed. Mr. Eddinger expressed the appreciation of the Chamber of Commerce Board of Directors for the City's action in providing a portion of the Business License revenues toy the Chamber. File 0348, Eugene Otis, Mr. George A. Robinson III, new owner of 504 Alta Ave., Appeal `of`Planning appeared and read 'a prepared statement citing his reasons Commission Variance for the appeal of the Planning Commission conditions for Condition for Closing closing in his garage. Copies of the statement and a pic- In Garage ture of the subject residence 'were distributed to Council and staff and are on file. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved, the necessary findings were made and the appeal of the applicant upheld which would remove the Planning Commission conditions for con- struction of a carport and realignment of the driveway. Upon motion of'Councilman Smith, seeonded`by Councilman Flores, and unanimously approved, City `Attorney Flitner was directed to draft a motion that would serve the purpose of requesting realtors to check with the City on all structures that have been altered before commitments are made by buyer and seller. City Manager Callinan read 'a 'letter dated April 2 from .Cofego Enterprises regarding land for a large community park. A brief discussion followed and said letter was taken under advisement, City Manager Callinan reviewed the "Final Proposal for County -Wide Library System" dated April 29 from County Administrator David Nichols. Discussion followed. Upon motion of Councilman Flores, seconded by Councilman Eck, and unanimously approved, the "Final Proposal for County -Wide Library System" was endorsed. Upon motion of Councilman Hopkins, seconded by Councilman Page 5. May 6, 1974 Eck, and unanimously approved, City Manager Callinan was directed to send a letter over the Mayor's signature to the County Board of Supervisors requesting that the dif- ferent areas of their districts be considered when making appointments to the Library Board so that all areas would be represented. City Manager Callinan noted the letter received from Cofego Enterprises concerning acquisition of the library site from said firm, that the price quoted was substantial, and that he would like to go into executive session fol- lowing the regular meeting to discuss acquisition and /or condemnation proceedings to acquire the land. Discussion followed regarding the appropriateness of the subject matter in executive session. City Attorney Flitner gave the Council guidance and it was decided to discuss the matter later in executive session. Fire Service Recog- Mayor Beary brought to the attention of the Council his nition Day Proclamation proclamation declaring May 11 as Fire Service Recognition Day in Rohnert Park. American Legion Mayor Beary brought to the attention of the Council his Poppy Days Proclamation proclamation declaring May 17 and 18 as American Legion Poppy Days in Rohnert Park. Project 1973 -13 Consideration of Project 1973 -13, Ladybug Park Recrea- Ladybug Park tion Building, was deferred pending the arrival of Recreation Bldg. Architect Schuyler Jeffries. AB 2040, Bay Area Discussion was held concerning AB 2040 which would create Planning Agency a Bay Area Planning Agency. Councilman Hopkins made a motion, seconded by Councilman Flores, to oppose AB 2040 because it would be another step toward regional government. The motion failed by the following roll call vote:' AYES: (2) Councilmen Flores and Hopkins NOES: (3) Councilmen Eck, Smith, and Beary PUC Hearings on Inverted Councilman Eck initiated a brief discussion regarding Rates for P.G.& E. the PUC hearings being held regarding inversion of P.G. & E. rates. City Manager Callinan advised that he believed Mr. Ralph Fitch of P. G. & E. would be arriving later and could probably give a status report on same. "Bedroom Tax" Complaint Councilman Flores relayed a complaint received from a resident concerning the "Bedroom Tax" fee being billed to new tenants of a mobile home parka City Manager Callinan responded that a meeting was scheduled for the following day with mobile home park owners and managers to clarify payment of said fees. Legislative Review Councilman Smith briefly reported on AB 3924, Tippler's Tax, SB 1755, which would revise laws relating to Police Page 6. May 6, 1974 Departments in general law cities; SB 1786, Business License Taxes. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the Council went on record as opposing SB 1755. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and approved by the following voice vote, the Council went on record as opposing SB 1786: AXES: (4) Councilmen Flores, Hopkins, Smith, and Beary NOES: (0) None ABSTAIN: (1) Councilman Eck Golf Course Promotion Councilman Smith inquired if other advertising agencies had been contacted regarding promotion of the golf course. City Manager Callinan responded in the affirmative, but that._only one had.responded•to date and that more responses were anticipated. Sewer Connections Councilman Smith inquired if a response had been received yet from Dr. Joseph regarding the number of sewer con- nections the city would be permitted before capacity was reached. Curb Painting Ordinance No. 176 Use of Firearms City`Manager Callinan responded that he had been informed that a letter would be coming from Dr. Joseph which would state that the Water Quality Control Board would keep the City informed of standards for sewage treatment but would not give -a fixed number of allowable connections. Councilman. Smith noted that city crews had been painting curbs red recently and suggested that the bus stops be repainted and signs repaired, particularly the sign on Adrian Drive near Alison Avenue. Councilman Eck initiated a brief discussion concerning Ordinance No. 176 regarding use of firearms within the City. Upon motion of Councilman'Eck, seconded by Councilman Smith,,and unanimously approved, City Attorney Flitner was directed to prepare an amendment to said ordinance to require either sheathing or an open bolt on firearms. Ordinance No. 58 Councilman Eck initiated a discussion concerning Coin Operated Devices Ordinance No. 58 regarding coin operated devices such as pinball machines not being allowed in the City stating he had .a request from..a group wanting to start a teen center. in the Southwest'Blvd. shopping center area. Page 7. May 6, 1974 City Manager Callinan advised that a teen center had been in operation in that area several years ago with various coin operated devices and was the source of many complaints, hence the enactment of Ordinance No. 58. P.G. & E. inverted Upon motion of Councilman Eck, seconded by Councilman Rates Hopkins, and unanimously approved, a letter was autho- rized over the Mayor's signature expressing support for inverted rate structures for P.G. & E. pending discussion of same with Ralph Fitch of P. G. & E. Legislative Proposals Councilman Eck initiated a brief discussion regarding the desirability of legislative proposals' being listed on the agenda and further advance material being pro- vided. It was pointed out that the material received from the League of California Cities on pending legis- lation consisted of brief summaries but copies could be made available to the Councilmen if they desired. FAU Projects and City Manager Callinan solicited Council approval to Design of Signals make application for FAU funds to widen Commerce Blvd. from Hinebaugh Creek south as far as possible with primary consideration being given to the Commerce Blvd. Expressway intersection area; and to work with the City of Cotati in an effort to obtain signals for the East Cotati Avenue - Adrian Drive - Lancaster Drive intersection. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, City Manager Callinan was authorized to.proceed as requested. City Manager Callinan requested authorization to engage Renato Martinez for signal design work. The Council indi- cated no objection. Sale of Animal City Manager Callinan advised that bids had been solicited Control Vehicle for the sale of the.old animal control vehicle, none were received, and that staff would check with local junk yards regarding disposition of the vehicle. Golf Course Score City Manager Callinan advised of a proposal to place Cards with Ads advertising on golf course score cards. Discussion fol- lowed. The Council indicated it would prefer to leave the golf course score cards without advertising. City Council -Parks and City Manager Callinan advised that it was time again for a Recreation Commission joint meeting between the Parks and Recreation Commission Joint Meeting and the Council pursuant to Council request. Discussion followed. The Council indicated it would meet from 6:30 to 7:30 May 13 with the Parks and Recreation Commission prior to the Commission's regular meeting and schedule a joint social function during said joint meeting. Recycling Center City Manager Callinan advised that a recycling program had been worked out subject to Council and property Page 8. May 6, 1974 owner approval; that a bin would be located in the morn - ing and removed in the evening,.and that a person would be in attendance all day; that it was hoped that the recycling collection center could be located in the Park Plaza Shopping Center; and that the center would be, operated at no cost to the City. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the recycling program as outlined was endorsed. City Attorney's City Attorney Flitner reported on his attendance at the Conference City Attorney's Conference held in San Diego recently. Terms of Planning City Attorney Flitner noted that sometime ago the Council Commissioners had requested the preparation of an amendment to the applicable ordinance that would provide for one year terms for Planning Commissioners rather than the current four year terms. He inquired if the Council still wanted that change. Discussion followed. Upon motion of Councilman Eck, seconded by Councilman Hopkins, and approved by the following roll call vote, the Council directed that the matter be referred to the Planning Commission for recommendation as required: AYES: (4) Councilmen Eck, Flores, Hopkins, Smith NOES: (1) Mayor Beary 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 9:12 p.m. Executive Session Mayor Beary announced that an executive session had been held during the recess to .discuss possible litigation regarding the library site. (All Councilmen, City Manager Callinan, and City Attorney Flitner were in attendance at. the executive session). Project 1973 -13 City Manager Callinan reviewed the "construction bids Ladybug Park received for Project 1973 -13, Ladybug Park Recreation Recreation Bldg. Building, noting that the low bidder was Colombini Construction with a bid of $55,900.' He explained that. with the addition of furnishings, the total project cost would probably go to $65,000. Discussion followed with Architect Schuyler Jeffries participating. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the construction contract for Ladybug Park Recreation Building was awarded to Colombini Construction at its bid price of $55,900. Page 9. May 6, 1974 P.G. & E. Inverted Further discussion was held on inverted rates for P.G.& E. Rates with Mr. Ralph Fitch of P.G. 6 E. answering questions of the Council. He stated he did not know the current status of the PUC hearings on the matter, but that it was his personal opinion that inverted rates would not be approved because it would cause chaos to approximately 80% of the utility's customers. Resolution No. 74«64 RESOLUTION APPROVING AGREEMENT WITH M.I.F. CHEMICAL COMPANY (Wastewater Treatment to Eliminate Odors) City Manager Callinan explained the resolution and the agreement with M.I.F. Chemical Company. Discussion f vlloived. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and approved by the following roll call vote, Resolution No. 74-64 was adopted. AYES: (3) Councilmen Flores, Hopkins, and Beary NOES: (2) Councilmen Eck and Smith Further discussion followed during which Councilman Eck inquired if the engineering firm could be held responsi- ble for the odors at the treatment plant. City Manager Callinan responded that the engineers had stated some of the problems were caused by weather and the pond not yet being "set up" and other information which he was not technically knowledgeable about. Malcolm Hubley Mr. Malcolm Hubley was recognized. He inquired about the status of the four- plexes under construction on Country Club Drive, the seeming lack of activity on the project, and high weeds in the area of same. City Manager Callinan responded that workmen had been working on the project recently insofar as he was aware, and the project had not been abandoned. Adjournment There being no further business, Mayor Beary adjourned the meeting at approximately 9 :35 p.m. to 6 :30 p.m. on Monday, May 13. L. fDe ty C° Clerk