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1974/04/15 City Council MinutesCall to Order Roll Call ROHNERT,PARK CITY COUNCIL MINUTES,. April 15', 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:p0 p.m. and at which all Councilmen, City Manager Callinan, and City Attorney Flitner were present, and which was held to discuss liti- gation and personnel matters. Mayor Beary called the meeting of the regular session to order at approximately 7:25 p.m. and led the pledge of allegiance. Presents (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, Bond Counsel Larry Jensen, Planning Director °Skanchy, and Engineer Larry Woods Approval of Minutes Upon motion of,Councilman Hopkins, seconded by Councilman Resolution No. 74 -44 RESOLUTION OF CONGRATULATIONS TO EAGLE SCOUT GREGORY MITCHELL City Manager Callinan read the resolution. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, Resolution No,,74d -44 was adopted. Smith, and unanimously approved, the minutes of March 18 and 29 were approved as submitted. 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 $125,107.59 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. Bus Service Discussion was held on correspondence regarding inequities in Golden Gate transit bus fares between Petaluma-Rohnert Park and Santa Rosa - Rohnert Park. Upon motion of Councilman Smith, seconded by Councilman Hopkins., and unanimously approved, staff was directed to send a.letter over the Mayor's signature to the.Sonoma County Board of.Supervisors recommending a 25� fare between J�ohnert Park and Santa Rosa. Eagle.Scout Gregory �agle,Scout Gregory Mitchell.was.;present and recognized. Mitchell Resolution No. 74 -44 RESOLUTION OF CONGRATULATIONS TO EAGLE SCOUT GREGORY MITCHELL City Manager Callinan read the resolution. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, Resolution No,,74d -44 was adopted. Page 2. April 15, 1974 Intersection Evaluation Renato G. Martinez, Traffic Engineer, appeared and briefly Report reviewed his Intersection Evaluation Report. He noted that the Rohnert. Park Expressway - Commerce Blvd. and East Cotati Avenue- Adrian Drive- Lancaster Drive intersections should be considered for signalization as'soon as possible. Discussion followed with Mr. Martinez answering questions of the Council. City Manager Callinan commented that application would be made for Federal. Aid Urban System Funds for the Commerce Blvd.- Rohnert Park Expressway signalization and that Rohnert Park and the City of Cotati would make application for said Funds for the East Cotati Avenue- Lancaster Drive signali- zation. City Manager Callihan noted for the record that Mr. Martinez was involved.with Signal Logic Corporation, a firm that supplied traffic signals. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the Intersection Evaluation Report submitted by Renato G. Martinez was accepted. City Manager Callihan advised that the proposal for signali- zation submitted by Mr. Martinez would probably be consid- ered at the next regular meeting and suggested that any questions concerning same should be discussed with Mr.. Martinez while,he was present. Discussion followed with Mr. Martinez participating. Recess Mayor Beary declared a recess at this point in the meeting to.convene as the.Rohnert Park Civic Commission. Reconvene Mayor Beary reconvened the meeting with all Councilmen present. Project 1973 -9 City Manager Callihan briefly reviewed his memo to the Corporation Yard Council dated April 11 concerning Project 1973 -9 and noted that Bond Counsel Larry Jensen was present for any questions the Council might, have. Resolution No. 74--45 A RESOLUTION OF AWARD OF,CONTRACT, CITY.OF ROHNERT PARK City Manager Callihan . explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 74 -45 was waived and said resolution was adopted. Project 1974 -1 City Manager Callihan reviewed the bids received for Project Animal Shelter 1974 -1, Animal Shelter, and advised that Rapp Construction was the low bidder with its bid of $25;600 and discussed funding the project advising that some reserves would have to be used in,.addition to the earmarked Federal Revenue Sharing'funds;,and funds in the 1973 -74 budget. Resolution No. 74 -46 A RESOLUTION OF AWARD OF CONTRACT, ANIMAL SHELTER, PROJECT NO. 1974 -1 Page 3. April 15, 1974 City Manager Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 74-46 was waived and said resolution was adopted. Project 19743 City Manager Callinan reviewed the bids received for Project Irrigation System 1974-3, Irrigation System, Ladybug Park'and La Fiesta School Ladybug Park and Site, and advised that Sibbald Construction, Inc. was the La Fiesta School Site low bidder with its bid of $41,213. Resolution No. 74-47 A RESOLUTION OF AWARD OF CONTRACT, IRRIGATION SYSTEM, LA FIESTA SCHOOL & LADYBUG PARK, PROJECT NO. 1974-3 Ordinance No. 223 City Manager Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 74-47 was waived and said resolution was adopted. AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE RELATING TO BUILDING, PLUMBING, ELECTRICITY AND HOUSING AND ADOPTING BY REFERENCE THE UNIFORM HOUSING CODE, 1970 EDITION, THE UNIFORM BUILDING CODE,' 1973 EDITION, AS ADOPTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, THE UNIFORM PLUMBING CODE, 1973 EDITION, AS ADOPTED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, THE UNIFORM MECHANICAL CODE, 1973 EDITION, AS ADOPTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, AND THE UNIFORM 'ELECTRICAL CODE, 1971 EDITION AS ADOPTED BY THE NATIONAL FIRE.PROTECTION ASSOCIATION, TOGETHER . WITH AMENDMENTS THERETO AND ADOPTING AS SECONDARY CODES TO SAID PRIMARY CODES ALL PUBLICATIONS AND REFERENCES'TO OTHER CODES, DOCUMENTS, TABLES AND.STANDARDS AS REFERRED TO IN SAID UNIFORM CODES: REPEALING ORDINANCE NO. 148, AND PROVIDING PENALTIES FOR VIOLATION THEREOF*. City Manager Callinan summarized the ordinance. Mayor Beary declared the scheduled public hearing open on Ordinance No. 223. City Manager Callinan noted that notice of the .public hearing had been given by publication twice, in the local newspaper, There -bein I g no one desiring to be heard and no written communications received, Mayor Beary declared the public hearing closed. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved by the following roll call vote, the reading of Ordinance No. 223 was waived and said ordinance was adopted. Ordinance No. 226_ Resolution No. 74 -48 County -wide Library System Resolution-No. Page 4. April 15, 1974 AN ORDINANCE AMENDING .ORDINANCE NO. 91 AS AMENDED BY ORDINANCE NO. 145 BY REDUCING THE FRANCHISE FEE (CABLE TV) City Manager Callinan reviewed and explained the ordinance. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the readhg of Ordinance No 226 was waived and said ordinance was introduced. RESOLUTION ACCEPTING GRANT DEED (Young America Homes and Garretts for Storm Drain) City Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 74--48 was waived and said resolution was adopted. City Manager Callinan reviewed his memo'to the Council dated April 11 concerning the revised -proposal for a County -wide Library System. Discussion.fol.lowed 74 -49' (RESOLUTION ENDORSING COUNTY --WIDE LIBRARY SYSTEM Proposed Resolution to Control Rodents 'City Manager Callinan read Resolution No. 74 -49. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, Resolution No. 74 -49 was adopted. Discussion followed regarding aappointments to the proposed library board to be established and the City of Santa Rosa's desire to have three of-the seven board members be from Santa Rosa. The Council indicated rho objection to three members of said board being from Santa Rosa initially, but that the commitment should be phased out over a period of time. The Mayor was authorized to represent the City in meetings concerning make =up of the "'County --wide Library Board and to use his best judgement. City Manager Callinan advised that the material received from the City of- Pacifica'regarding rodent control was not quite what Rohnert Park is seeking and requested that the matter be deferred until additional information is received. Resolution No. 74 -50 RESOLUTION ENDORSING STATE SENATE RESOLUTION RELATIVE TO INTER - CONNECTIONS TO TELEPHONE FACILITIES City Manager Callinan reviewed the resolution. Mr. Dick Brown of Pacific Telephone and Telegraph Company appeared and explained the request for the resolution. Dis- cussion followed with Mr. Brown participating. Upon motion of Councilma'n''Flores, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 74 -50 was adopted. Resolution No. 74 -51 Resolution No. 74-52 Page 5. April 15, 1974 A RESOLUTION OF INTENTION TO CONSIDER VACATION OF DRAINAGE EASEMENT THROUGH SITE OF SELF-SERVICE FURNITURE STORE City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the reading of RResolution No. 74-51 was waived and said resolution was adopted. A RESOLUTION OF INTENTION OF THE ROHNERT PARK CITY COUNCIL TO CONSIDER VACATION OF A THIRTY (301) FOOT ROADWAY EASEMENT IN COLEGIO VISTA SUBDIVISION NO. 2, IN THE CITY OF ROHNERT PARK City Manager Callinan explained the resolution. Upon motion :of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 74-52 was waived and said resolution was aadopted. Mrs, 0 Ted Adkins Mrs. Ted Adkins, Director, Miss Sonoma County Pageant Director, Miss appeared and solicited a contribution from the City of Sonoma County Pageant Rohnert Park for the pageant. Discussion followed. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, a contribution of $150 was approved for the Miss Sonoma County Pageant. Recess Mayor Beary declared a recess at this point in the meeting, the time being approximately 8:27 p.m. Reconvene Mayor Beary reconvened the meeting at approximately 7:40 p.m. with all Councilmen present. File 0228, Cotati Mayor,.Bdary'.-bpened.-,t.ht�,,; scheduled public hearing on the Performance Center appeal of the Planning Commission's revocation of'the use Appeal of Use Permit permit for Cotati Performance Center. Revocati�Qn City Manager Callinan commented briefly on a visit made to Cotati Performance Center Just prior to the meeting. Planning Director Skanchy reviewed the Planning Commission proceedings on. ' File 0228 regarding the revocation of use permit for Cotati Performance Center. He advied that the sign had been erected to comply with the use permit and that landscaping was proceeding althoughit was not completed and not being extended to the curb line as required in the use permit conditions and this would be brought to the attention of the appropriate parties; he further advised that a sign on the building was in violation of the use permit and this also was brought to the applicant's attention. Discussion followed. Mr. Mike Mays of Cotati Performance Center wasrecognized and briefly discussed the landscaping and signs with the Council, indicating his willingness to comply withrequire- -Page 6. April 15, 1974 ments and advised that he would relay the remaining con - cerns to L & B Investments, owner of the property. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and approved by the following voice vote, the public hearing on File 0228 was continued to the next regu- lar meeting: AYES: (4) Councilmen Eck, Hopkins, Smith, and Beary NOES: (1) Councilman Flores Councilman Flores stated for the record that it was over eight months ago that Mr. Baker- had stated the work would be done and prior to that he appeared and stated whatever needed to be done would be accomplished; that he finds no fault with Mr. Mays' position but does with Mr. Baker; it had been detrimental to the City of Rohnert Park and conformance with the use pexmi.t..must be insisted upon. File 0344,;Golf City Manager Callinan stated for the record his minority Course Fencing interest in Rodavco, Inc., a company that owns property bordering the golf course. City Manager Callinan read a memo from Planning" "Director Skanchy dated March 4 containing the Planning Commission recommendation for golf course fencing. He indicated that staff disagreed with the recommendation that each homeowner be allowed to install his fencing and felt that the fencing should be installed when a subdivision is devel- oped; he further indicated that;the Golf Pro and Golf Course Superintendent felt there should be some security for the golf course. He advised that to date vinyl --cald chain link fence, six feet high had been required pending a Council decision. C City Manager Callinan advised that notice of the public hearing on File 0344 had been_,published in.-the local news - paper and mailed to all the builders and developpers in the area of the golf course. Planning Director Skanchy, responding to a question from the Council, advised that he had contacted several other golf courses with residential development adjacent to obtain information same; that the major complaints were the hazards of golf balls:hitting windows and golfers retrieving balls. Mayor Beary declared the public hearing open on File 0344, Golf Course fencing. City-Manager Callinan read a letter from Forhim Corporation which expressed opposition to fencing along the golf course adjacent to their planned condominium development. Mr., Jack Harte, 4680 Acacia Way, Penngrove, appeared as a representative of Forall Corporation. He stated his firm Discussion of Imposing Tentative Map Moratorium Page 7. April 15, 1974 owns lots abutting the golf course and would like to have fencing, but wants to retain•an open feeling. He commented on the desirability of fencing with regard to containing dogs and small children and suggested a four foot fence of vinyl clad chain link. - Mr. John,Lewis, 420 Anson Avenue, was recognized. He stated he owned property in the future area to be developed around the golf course and bought the property for the large green area of the golf course and urged that the view not be broken off. He said.a four foot high fence was acceptable to him but that a six foot high fence was not. Mr. Jack Harte was again recognized and commented on the property his firm owned adjacent to the park; that the slatted chain link fence required for some of that property would destroy the aesthetics of the area and requested that the same type of fencing decided upon for the golf course be utilized for the park site. There being no one further desiring to be heard,Mayor Beary declared the public hearing closed. City Manager Callinan noted that golf course area subdi- viders and developers had all been put on notice that the maximum fencing that would be required was a six foot chain link fence and that anything less than that decided upon would not have a deleterious effect. Councilman Hopkins made a motion to approve a four foot green vinyl clad chain link fence on lots Edjacent to the golf course and the park site The motion died for lack of a second. Councilman Flores suggested a fence with six foot brick or stone columns with four foot high wooden panels between. Discussion followed as Planning Director Skanchy sketched the suggestion on the chalkboard. Councilman Flores made a motion to approve a fence as de- scribed above and as sketched by Planning Director Skanchy. The motion died for lack of a second. Upon motion of Councilman Eck, seconded by Coqncilran Smith, and unanimously approved, staff was directed to work with subdviders and developers of the golf course area and return with designs for fencing and roughcost estimates for same for further Council consideration. Mayor Beary opened the ,scheduled public hearing regarding imposing a tentative map moratorium. City Attorney FlitTier reviewed his memorandum tothe Council dated April 15 concerning a tentative map moratorium. A copy of said.-memo.is attached to the original of these minutes. Discussion followed during which Mr. Flitner was Mr. Callinan noted that some information had been brought in earlier in the day by Mayor Beary which concerned modu- Page 8. April 15, 1974 questioned regarding a suit of Morrison Homes v. City of Pleasanton for a moratorium due to lack of sewer service. Mr. Flitner responded that the City of Pleasanton had enter- ed into firm contracts with the developer wick set forth a firm commitment-for sewer capacity and that was not the case in Rohnert Park. Mr. Karney Barberian, Construction Industry Association of Sonoma County, was recognized. He commented that based on the legal opinion just presented by Mr. Flitne, he wouled suggest that each tentative 'map be handled as it is submit ted. Discussion followed. Mr. Manuel Margado,17080 Adele Avenue, was recognized. He commented that if a definite period were set until sewer and water capacity,is expanded, it would seem to be better. There being no one further desiring to be heard, Mayor Beary declared the public hearing closed. Councilman Flores made a motion to reject the concpt of a proposed moratorlium-and commented that the City's ability to provide essential services is a reason&le safeguard to the question of overtaxing these services. The motion died for lack of a second. Councilman Smith made a motion, seconded by Councilman Eck, to direct a letter to Dr. Joseph and ask for guideliunes and how many more hookups can be made with the current sewer plant before we have to go to the next stage or to the Llano plant; that if we have to go to the next stage prior to the Llano plant, how many more hookups would we be per- mitted. Discussion.followed. Councilman Smith's motion was approved by the following roll call vote: AYES: (4) Councilmen.Eck, Hopkins, Smith, and Beary -NOES:' (1) Councilman Flores Wastewater Treatment City Manager Callinan advised that a proposed resolution and Disposal- had been received from the City of Santa Rosa regarding Endorsing Concept to intended participation in the subregional sewerage project; Be Pursued that the transcript of the public hearing held on the Project Report for alternatives for wastewater treatment reflected in several places that a further hearing would be held and the hearing had been adjourned; that .a state rep- resentative had recommended that another heariR be held ''in order to satisfy all requirements; and that said hearing had been scheduled for April 29th at 7:00 p.m. with notices of said hearing published and mailed to interestd parties. Mr. Callinan noted that some information had been brought in earlier in the day by Mayor Beary which concerned modu- Resolution No. 74 -53 Page 9. April 15, 1974 lar wastewater treatment plants produced by Union Carbide and said material had been referred to John Gilligan of Murray D McCormick for review. Mr. Gilligan responded that he had only been able to review the material briefly and.off hand would comment that modular :plants usually come in rather small sizes and it would probably take many of them. Cotati Councilwoman Annette Lombardi was recognized. She commented that Cotati Councilman Stansbury had been in con- tact with Union Carbide. Discussion followed during which Ms. Lombardi stated she would have Mr. Stansbury try to arrange for a meeting with Union Carbide representatives later in the week. By consensus of Council Mayor Beary and Councilman Eck were designated to attend said meeting and represent the City of Rohnert Park. RESOLUTION OF INTENDED SUBREGIONAL SEWERAGE PROJECT PARTICIPATION City Manager Callinan reviewed and explained the resolution. Golf Course Reports Councilman Smith initiated a brief discussion concerning the Golf Course Monthly Reports being on a calendar year basis and commented he would like to have a report on a fiscal year basis for purposes of comparison with the budget. Mr. Callinan': ifidi.cat4d- the - fiscal year report would be provided as requested. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 74 -53 was waived and said resolution was adopted. Summer Youth Mayor Beary read a proposed resolution to establish a Employment Program summer youth employment program. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the summer youth employ - ment program was endorsed in concept and staff directed1t6 . come back with possible sources of revenue and cost estimates for said program. Postal Service Councilman Flores inquired if any response had been received from the Postmaster concerning opening the post office for a time on Saturdays. City Manager.Callinan responded that he had talked informally with the Postmaster earlier in the day and it was indicated that the facility was closed on Saturday due to a shortage of personnel® Catch Basins in Councilman Flores initiated a brief discussion concerning Country Manor and catch basins in Country Manor and Holiday Park subdivisions Holiday Park and comments he had received that children were able to get into them and go under the street. City Manager Callinan advised he would have the Public Works Department check into the.matter right away if Councilman Flores would pinpoint the locations. Golf Course Reports Councilman Smith initiated a brief discussion concerning the Golf Course Monthly Reports being on a calendar year basis and commented he would like to have a report on a fiscal year basis for purposes of comparison with the budget. Mr. Callinan': ifidi.cat4d- the - fiscal year report would be provided as requested. Page 10. April 15, 1974 Apartment Survey Councilman Smith commented briefly on the apartm &;:survey recently taken and that he was surprised to note a 10% vacancy factor. Golf Course Promotion Councilman Smith initiated a brief.discussion concerning the recently proposed advertising campaign for the golf course which had not been implemented by Council direction. City Manager Callinan advised that staff had started placing newspaper ads by handling the matter itself a in the past. Financial Disclosure Statements Railing for the Community Center Upon motion of Councilman Smith, seconded by Councilman Hopkins unanimously approved, staff was directed to discuss possible advertising campaigns with other agencies in the Santa Rosa area. Councilman Smith initiated a brief discussion concerning the filing of Financial Disclosure Statements indicating that he intended to file his. 'City Attorney Flitner explained that the Supreme Court had stayed the effect of the'law and the statements were not required at this time, but they could be filed if,desived. City Manager Callinan reviewd his memo to the Council elated April 11 concerning installation of a railing at the Community Center. Discussion followed. '-Upon motion of Councilman Hopkins, seconded by Mayor . Beary, and unanimously approved, 'installation of a railing at the Community Center as outlined in Mr. Callinan's memo was approved. Golf Course Snack City Manager Callina advised ''that Connie Smith had requested Bar -bate Night Music permission to have late night music at the golf course snack bar and he had told her'alright.,..so long as it did not interfere'with the .golf course operation. The Council indicated no objection to:the arrangement. Sonoma Grove Parking City Manager Callinan advised that a temporaryarea for parking and gardening had been leased south of Sonoma Grove and approved by the 'Planning Commission; that the owners were still trying to ;buy some property to the east, that staff had been approached by some of the Grove Council members to obtain permission to park on Cristobal Road, but such permission had not been given. 1973 -74 External Audit City Manager Callinan brought to the attention of the(buncil the proposal of Pisenti & Brinker to perform the audit for 1973 -74. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, said audit proposal was accepted. Announcer's Booth City Manager Callinan reported that the State had referred at Rancho Cotate plans for the announcer's booth at Rancho Cotate back to Wells Lawsuit Annexation Case Mini-bus Service City Manager Callinan read the resolution and advised that it was hoped it could be presented to Mr. Roberts at the testimonial dinner being given in his honor at the Green Mill Inn, Saturday, April 20th., Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, Resolution 74-54 was adopted. City Attorney Flitner advised that he had interposed a Demurrer earlier in the day in connection with the wells lawsuit and the judge had set the matter over for two weeks to April 29. He further advised that the court had indi- cated the matter would be resolved on records of the Planning Commission and City Council public hearingson the matter. City Attorney Flitner reported on a recent court case involving annexations being subject to referendum and advised that the majority opinion was that the particular annexation was subject to referendum. Councilman Smith initiated a brief discussion concerning inquiries about the Mini-hus picking up some commuters in Cotati after 5:00 p.m. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, staff and Mr. Sterner were authorized to explore the possibility of picking up Rohnert Park commuters who had requested same in Cotati, after 5:00 p.m. Mr. Jon Joslyn Mr. Jon Joslyn of Qantas Development Corporation was recognized. He responded to earlier comments concerning disappointment in the number of pelple who had appeared regarding the possible tentative map moratorium and explained that most of the developers were not sure what Page 11. April 15, 1974 Architect Larry Simons for more calculations and Engineer Hu,dis had been engaged to make the requested calculations. Golf Course Survey City Manager Callinan briefly revieied a golf course survey taken by the college intern which reflected usage, waiting times and like information of other golf courses in the Sonoma,,Marin and Napa County area. Park Plaza Shopping City Manager Callinan reported that the driveways at the Center Driveways Park Plaza Shopping Center were being widened to a more satisfactory width. Griffin's Lawsuit City Manager Callinan reported that he had been served with a lawsuit by the Griffins in connection with the death of their son on Country Club Drive and it had been referred to the City's insurance agent for legal handling. Resolution No. 74-,54_ RESOLUTION OF TESTIMONY TO FORMER COUNCILMAN ARTUR N. ROBERTS Wells Lawsuit Annexation Case Mini-bus Service City Manager Callinan read the resolution and advised that it was hoped it could be presented to Mr. Roberts at the testimonial dinner being given in his honor at the Green Mill Inn, Saturday, April 20th., Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, Resolution 74-54 was adopted. City Attorney Flitner advised that he had interposed a Demurrer earlier in the day in connection with the wells lawsuit and the judge had set the matter over for two weeks to April 29. He further advised that the court had indi- cated the matter would be resolved on records of the Planning Commission and City Council public hearingson the matter. City Attorney Flitner reported on a recent court case involving annexations being subject to referendum and advised that the majority opinion was that the particular annexation was subject to referendum. Councilman Smith initiated a brief discussion concerning inquiries about the Mini-hus picking up some commuters in Cotati after 5:00 p.m. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, staff and Mr. Sterner were authorized to explore the possibility of picking up Rohnert Park commuters who had requested same in Cotati, after 5:00 p.m. Mr. Jon Joslyn Mr. Jon Joslyn of Qantas Development Corporation was recognized. He responded to earlier comments concerning disappointment in the number of pelple who had appeared regarding the possible tentative map moratorium and explained that most of the developers were not sure what ` Page 12. April 15, 1974 the agenda item was all about. He commented that Rohnert Park stood head and shoulders above all other cities in the area in foreseeing problems with municipal services and dealing with them. Ralph'Azevedo Councilman "Flores made a motion, seconded by Councilman Memorial Hopkins, and unanimously approved, to purchase an evergreen tree and place same with an appropriate plaque at an appropriate place in the city in memory of Ralph Azevedo for his many years of service. Adjournment There being no further business, Mayor Beary adjourned the meeting at approximately 10:55 p.m. to April 29 at 7:00 p.m. r Depot � city erk APPROVED: