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1976/03/08 City Council MinutesROHNERT PARK CITY COUNCIL 'MINUTES March 8, 1976 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 Hopkins presiding. Call to Order Mayor Hopkins called the meeting of the regular session to order -at approximately 7 :00 p.m. and led the pledge of allegiance. Roll Call Present: (4) Councilmen Beary, Eck, Flores and Hopkins Absent: (1) Councilman Smith Staff present for all or part of the meeting: City Manager Callinan,•City Attorney Flitner, City Engineer Brust, Planning Director Skanchy, Director of Public Safety Dennett, Director of Parks and Recreation Pekkain and Supt. of Public Works Eagan. Also present was Bond Counsel Philip Assaf. Approval of Minutes Upon motion of'Councilman Flores, seconded by Councilman Eck, and unanimously approved, the minutes of February 23rd were approved as submitted. Approval of Bills Upon motion of Councilman Eck, seconded by Councilman Beary, and unanimously approved, the bills presented per the ,attached list in the amount of $361,307.78 were approved. This included $5,475.00 for the Civic Commission. Communications Communications per the attached outline were brought to the attention of the Council. No action was:taken on any communications except as noted specifically in these minutes. SB 100 City Manager Callinan initiated a discussion concerning a letter from Senator Randolph Collier suggesting support for SB 100. Upon motion of Councilman Beary, seconded by Mayor Hopkins, and approved by the following voice vote, the Council directed that a letter be forwarded to Governor Brown, over the Mayor's signature, urging his support of SB 100 to provide.for additional needed road funds.'' AYES: (3) Councilmen Beary, Flores and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Councilman Beary At this point in the meeting Councilman Beary left the Leaves Chamber, the time being approximately 7:05 p.m. Release of Funds to Chamber of Commerce Narcotic Enforcement Unit Funding Councilman Beary Returns Resolution 76-29 Page 2 March 8, 1976 ;City Manager Callinan initiated a discussion concerning a letter from the Chamber of Commerce requesting an early release of business license revenue funds to that organization-. Upon motion of .Councilman Eck, seconded by Councilman Flores, and unanimously approved, the Council authorized staff to make,an, early release of business license revenue funds to the Chamber of Commerce. City Manager Callinan explained the proposed resolution for reimplementation of narcotic enforcement unit and funding of same. Director of Public Safety Dennett stated that when he had been approached by the Sherrif's Department requesting funding for this branch of law enforcement, he had felt that the distribution of funds was somewhat inequitable because Rohnert Park has a low incidence of narcotic problems while other areas in the County have many narcotic cases. Councilman Beary returned to the Chamber, the time being approximately 7 :07 p.m. Discussion followed with all'councilmembers, City Manager Callinan and Mr. Dennett participating. A RESOLUTION URGING THE COUNTY OF SONOMA TO REIMPLEMENT A NARCOTIC ENFORCEMENT UNIT City Manager Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 76-29 was waived and said resolution was adopted. Russian River Councilman Eck initiated a brief discussion concerning Water Conditions a memo from the Sonoma County Water Agency concerning Russian'River water conditions; asked if Rohnert Park could be cut off from use of Russian River water as the City has another source of water. City Manager Callinan responded in the affirmative,'and advised that the matter of water would be scheduled for discussion at the next regular Council meeting. Non- Agenda Items Unscheduled Public Appearances Councilman Flores stated he would like to discuss signs advertising new homes later in the meeting; Councilman Eck stated he would like to discuss the Adrian Overlay project; City Manager Callinan stated that due to staff oversight Final Map Approval for Deer Meadow Village, Unit No. 2, had been omitted from the agenda and requested that this matter be discussed under "Planning and Zoning VICLLLel'S. The Council was agreeable to including all of the above subjects in the agenda. There was no one in the Chamber wishing to make an unschedul- ed public appearance. Page 3 March 8, 1976 Plaque of City Manager Callinan requested that the presentation Appreciation,to;.. of a plaque of appreciation to Mr. Harry Forni for service Harry Forni in the Volunteer Fire Auxiliary be postponed as Mr. Forni had been called out of town. The Council concurred. Santa Rosa Recycling Center City Manager Callinan introduced Mr. David Kageyama of the Santa Rosa Recycling Center; referred councilmembers to his memo dated March 4th and comments made therein; and a letter dated January 29 from Redwood Empire Disposal Corporation setting forth their comments concerning recycling. Mr. Kageyama discussed his letter and requested the amount of $650 from the City to continue the Rohnert Park program of recycling; stated he would not be asking for the funds if they were not needed; stated that while this venture was a low growth process, he felt it was a worthwhile project. Rohnert Park Youth Advisory Panel Ordinance 311 Mr. Dan Potter was recognized and spoke in support of the Rohnert Park Recycling Center; stated he would like to see it continued. Discussion followed with all council - members participating. Councilman Eck made a motion, seconded by Mayor Hopkins, to authorize the amount of up to $656.00 to the Santa Rosa Recycling Center, and requested that Mr. Kageyama submit a financial statement_ to the City for the recycling operation. Councilman Eck's ; motion failed by the following roll call vote. AYES: (2) Councilmen Eck and Hopkins NOES: (2) Councilmen Beary and Flores ABSENT: (1) Councilman Smith Councilmen Flores made a motion, seconded by Councilman Eck, and approved by the following roll call vote, to donate $150 to the Santa Rosa Recycling Center to encourage the continuance of the Rohnert Park recycling program. AYES: (3) Councilmen.Eck, Flores and Hopkins NOES: (1) Councilmen Beary ABSENT: (1) Councilman Smith Mr. Rick Smith,. representing the Rohnert Park Youth Advisory Panel, was introduced by City Manager Callinan and spoke to the Council on several subjects of interest to the Youth Panel Mr. Smith discussed-four changes that the Panel would like to make in the ^proposed ordinance No. 214; specifying each change for the Council's benefit. AMENDING ORDINANCE NO. 214 ALSO KNOWN AS CHAPTER 2.36 of THE ROHNERT PARK MUNICIPAL CODE (Youth Advisory Commission) Page 4 March 8, 1976 Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, Ordinance 311 was introduced by title. Mr. Smith then discussed with the Council the By -Laws of the Youth Panel, and requested Council approval of same. Upon motion of Councilman Flores, seconded by Councilman Flores, and unanimously approved, the Council approved the By -Laws of the Rohnert Park Youth Advisory Panel. Mr. Smith stated that the Youth Panel was recommending that a crosswalk be installed on Country Club Drive at the bridge of Copeland Creek. Discussion followed concern- ing this proposed crosswalk. Councilman Beary asked Mr. Callinan if staff could place a "Stop" for bicycles at this location. Mr. Callinan replied in the affirmative. Councilman Flores made a motion requesting that staff install a crosswalk on Country Club Drive at the bridge of Copeland Creek. Councilman Flores' motion was seconded by Councilman Beary and was approved unanimously. Mr. Smith stated that the Youth Panel felt that the inter- section of Snyder Lane and Southwest Blvd., during the morning hours of 8:10 to 8:30 a.m., was a traffic hazard, and suggested that a Public'Safety Officer be placed in that location at that time. Director of Public Safety Dennett responded and said that this would be taken care of. Mr. Smith's final request was that a marking stating "Right Hand Turn Only" be placed in the right hand lane at Southwest Blvd. Upon motion of Councilman Flores, seconded by Councilman Eck, and approved by the following voice vote, staff was directed to place a marking stating "Right Hand Turn Only" in the right hand lane at Southwest Blvd. AYES: (3) Councilmen Flores, Eck and Hopkins NOES: (1) Councilman Beary ABSENT: (1) Councilman Smith Mr. Smith thanked the Council on behalf of the Youth Panel. Ordinance 400 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION 2- 203.(8) OF ORDINANCE NO. 63 (1965) ALSO KNOWN AS SECTION 17.08.110 OF,THE ROHNERT PARK MUNICIPAL CODE REGULATING UNUSED, DISMANTLED OR INOPERATIVE.MOTOR VEHICLES, BOATS, TRAILERS AND RELATED ITEMS Resolution 76 -30 Page 5 March 8, 1976 City Manager Callinan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Beary and approved by the following roll call vote, the reading of Ordinance 400 was waived and said ordinance was adopted. AYES: (4) Councilmen Beary, Eck, Flores and Hopkins NOES: (0) .None ABSENT (1) Councilman Smith RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK FINDING AND DETERMINING THE PREVAILING WAGE RATE City Manager Callinan reviewed the resolution and his memo to the Council dated March 4th concerning same. Upon motion of Councilman Eck, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 76 -30 was. waived and said resolution was adopted. Resolution 76 -31 RESOLUTION CALLING FOR SEALED PROPOSALS WALDO ROHNERT ROHNERT SCHOOL IRRIGATION, PROJECT NO. 1975 -15 City Manager...Callinan..reviewed the resolution and his memo to the Council dated March 4th oncerning same. Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved, the reading of Resolution 76-31 was waived and said resolution was adopted. Resolution 76 -32 RESOLUTION ACCEPTING GRANT DEED (From Rohnerts for Project No. 1976 -2, Well No..12_Site) City Manager Callinan reviewed the resolution and his memo to the Council dated March 4th concerning same. Upon motion of Councilman Flores,.seconded by councilman Beary, and unanimously approved, the reading:of.Resolution 76 -32 was waived and said resolution was adopted. Resolution 76 -33 RESOLUTION AWARDING CONTRACT FOR COMMUNICATIONS EQUIPMENT MAINTENANCE City Manager Callinan reviewed his memo of March 4th to the Council. Upon motion of Councilman Eck, seconded by Councilman Bear y .a..pprnved; the reading of Resolution 76 -33 was waived and said resolution was adopted. File 0458, State Farm City Manager Callinan reviewed the request for site plan Insurance Co. Site review by State Farm Insurance Company, and referred Plan Review councilmember s to their, respective copies of Planning Commission staff report and minutes wherein approval was given by that body to the application; stated that notice of the public hearing had been published in local newspapers. Page 6 March 8, 1976 Councilman Beary stated for the record that he was current- ly .doing work for Codding Enterprises, Inc. and would abstain from discussion and voting on this matter. Planning Director Skanchy discussed the staff report and referred the council to maps and architect's drawings on display. Mayor Hopkins declared open the public hearing on File 0458, State Farm Insurance Company, site plan review of Proposed regional facility to be located on 30 acres south of Rohnert Park Expressway, west of Northwestern Pacific Railroad. Therebeing no person desiring to speak, Mayor Hopkins declared the public hearing closed. Councilman Eck asked if there would be any landscaping ir} the parking lot of the proposed facility. Mr. Skanchy stated that extensive landscaping had been requested by staff and that detailed landscaping planswere being pre- pared; stated that the applicant had agreed to all condi- tions set forth in the staff report. Upon motion of Councilman Flores, seconded by Councilman Eck, and approved by the following roll call vote, File 0458, State Farm Insurance Company, was granted site plan approval. AYES: (3) Councilmen Eck, Flores and Hopkins NOES: (0) None ABSTAIN: (1) Councilman Beary ABSENT:. (1) Councilman Smith File 0458, State Planning Director Skanchy reviewed staff report on File Farm Insurance Co. 0458, and referred the Council to plans and drawings Architectural Review on display. The Council requested information regarding any signs to be placed on the facility. Mr. Skanchy stated .there would be a low profile sign with indirect lighting. Upon motion of Councilman Eck, seconded by Councilman Flores, and approved by the following roll call vote, File 0458, State Farm Insurance Company, was granted arch- itectural approval. AYES: (3) Councilmen Eck, Flores and Hopkins NOES: None ABSTAIN: (1) Councilman Beary ABSENT: (1) Councilman Smith Page 7 March 8, 1976 File 0455, Amendment ­,City Manager Callinan advised -that this matter had been :to. Zoning Ordinance continued from the February 23rd meeting; stated that notice of the public hearing had been published in the local newspaper and mailed to interested parties; stated that the Planning Commission wanted to take the matter under further consideration and showed pictures of signs that appeared to be non- conforming signs in the City. Mayor Hopkins declared open the public hearing on File 0455, Proposed amendment to Zoning Ordinance regarding amortization of non - conforming signs. There being no person desiring to speak, Mayor Hopkins declared the public hearing closed. Councilman Flores made a motion,.seconded by Councilman Eck, and unanimously approved, to hold this File 0455, Proposed amendment to Zoning Ordinance regarding amortiza- tion of non-conforming signs, in abeyance until a new recommendation had been received from the Planning Commiss- ion. Forall Sign Councilman Flores initiated a discussion stating he had received several complaints with regard to a large sign put up on Country Club Drive by Forall Corporation to advertise new homes in the Country Club Estates area. Discussion followed. Upon motion of Councilman Flores, seconded by Councilman Eck, and unanimously approved, staff was directed to con - tact Forall Corporation and request that the sign recently placed in the Country Club Estates area be removed. File 0418 Planning Director Skanchy gave a staff.report on the Draft Draft EIR EIR for Qantas Development Corporation, pointing out the Qantas area involved on a displayed map and introduced Mr. Del Development Davis, of Del Davis Associates. Corporation Davis gave a brief history and background of the EIR; .'Mr. stated he had been hired to prepare a Draft EIR, summarized the original draft, responses and changes made thereto; referred councilmembers'to their respective copies of the Draft EIR, all correspondence received from the City of Cotat i and other interested parties, all responses made to said correspondence, the Planning Commission minutes of January 8,... 1976 and February 11, 1976 pertaining to the EIR; and all verbal and written questions discussed at the public hearings of the Planning Commission meetings. , xe n -F..v, h; c presentation. The .Council cnaT "irieu �,r. liavI s ��� r Disco sion'.followed. Councilman Eck queried City Attorney Flitner concerning the possibility of a councilmember, presently, in the, past, or possibly in the future, having worked for the contractor of the proposed development, whether this would constitute a possible conflict of interest in voting on this EIR for Qantas Development Corporation. Page 8 March 8, 1976 Mr. Flitner stated that if this individual had worked for the developer in the past and anticipated continuing an on-going working relationship with same, with the possibility of working in this development, he should abstain from voting on this EIR. Mr. Robert O'Neill of Young America Homes was recognized and stated that Young America Homes and Qantas Development Corporation were two separate entities with separate ownership, City Manager Callinan stated that notice of the public hearing had been published as a legal notice in the local newspaper and forwarded to interested parties and agencies with an interest in the EIR. Mayor Hopkins declared open the continued public hearing on File 0418, Draft EIR for Qantas Development Corporation for the proposed development of approximately 288 acres south of East Cotati Ave., east of the Northwestern Pacific railroad. Mrs. Kitty Collins, 828 Lilac Way, expressed concern as to the effect this development would have on schools, water and sewerage. Councilman. Flores advised that this information was contained in the Draft EIR and City Manager Callinan stated that copies of said EIR are made available in the City Offices for persons wishing to read the report. Councilman Flores further stated that at this stage only approval of the report was being considered; actual development of the area in question would require going through the normal and usual procedure of a subdivision development. Mr. Harry Fassio, Mayor of Cotati, was recognized and commented on the EIR; stated he felt Mr. Davis had prepared a good objective report; spoke primarily regarding the impact of the development on East Cotati Ave; expressed concern regarding commuters and their access to freeway by way of East Cotati Ave.; stated the City of Cotati had turned down the widening of East Cotati Ave.; expressed concern as to the water table being sufficient for this development. The Council thanked Mayor Fassio for his comments. Allen Stansbury, a member.of the Cotati City Council, was recognized and expressed concern regarding the economic impact to the City of Cotati; stated that the City was currently operating under several grant fundings and did not feel it could afford to purchase additional police cars and hire policemen to man them in order to patrol East Cotati Ave. should it be widened to four or six lanes, stated that even if East Cotati Ave. is widened a bottleneck would still exist at The Hub and on Sierra Avenue. The Council thanked Mr. Stansbury for his comments. Page 9 March 8, 1.976 Mr. Davis.responded that under state law the most important aspect of _an EIR is that full disclosure is made, both negative and affirmative; and with regard to East Cotati Ave. and West Sierra Ave. in Cotati, this had been done, i.e., the EIR had acknowledged the potential traffic problems.on both streets. There being no other person desiring to be heard, Mayor Hopkins declared the public hearing closed. Councilman Eck stated he had several comments to make and several questions to ask Mr. Davis. Councilman Eck felt there was a serious lack of economic disclosure in the EIR, specifically taxation impact, school boundary impact, busing of school children particularly as to how it would effect taxes, water impact; stated that the report indicates 1 to 3 wells needed; requested specifically how many wells would be required; referred 'Co the section of the report concerning agriculture; requested information as to how much water would be needed to irrigate the land placed in agriculture and the anticipated yield of same; asked about the noise factor with regard to the railroad track in the development; asked if additional landscaping would help eliminate the noise factor. Mr. Davis and City Manager Callinan responded to Councilman Eck's questions; stated that with regard to economic impact information, the report was limited as general indicators were used rather than "'specific statistics; stated that economic information changes from year to year and this was a difficult disclosure to handle precisely; stated the State Water Agency had looked at the area and was,,making a_. study of the best well sites; stated productivity of the agriculture land would be marginal; stated that landscaping to screen noise was not too effective and a solid type barrier would be much better. Discussion continued with all councilmembers, City Manager Callinan and Mr. Davis participating; Mr. Callinan stating that all questions and responses would be made a part of the - final EIR. Resolution 76 -34 A RESOLUTION OF THE CITY OF ROHNERT PARK CERTIFYING TIME FINAL ENVIRONMENTAL IMPACT REPORT FOR QANTAS DEVELOPMENT CORPORATION (File No, 0418) City Manager Callinan read the proposed resolution and City Attorney Flitner read portions of the Planning Commiss- ion Resolution No, 76 -01, those portions being referenced in this resolution, ". Councilman Eck queried City Attorney Flitner as to whether the City could ask for an economic analysis to be incorporat ed into the EIR. Mr. Flitner'read from the State law ..(C.E,Q.A':) about economic information being contained in an EIR, stated that at this time the Council should determine whether the EIR has responded satisfactorily to all questions set forth, and if it did not feel this to be the case, the Council could request additional information. Page 10 March 8, 1976 Councilman Eck stated he did not consider the EIR to be complete particularly concerning police, fire and sewerage and economic disclosure of same. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following roll call vote, Resolution 76 -34 was adopted as read,, AYES: (3) Councilmen Beary, Flores and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Deer Meadow Village Planning Director Skanchy gave a staff report on the final Unit No. 2, Young map for Deer Meadow Village, Unit No, 2, development, re- America Homes, Final ferring the Council to displayed maps,. Map Approval Upon motion of Councilman Beary, seconded by Councilman Flores, and approved by the following roll call vote, the Council approved the final map for Deer Meadow Village, Unit No. 2,,and authorized the Mayor to execute an appropri- ate Subdivision Agreement prior to the map being released for recording, and with the understanding that in approving the final map the City is not guaranteeing sewer and water service. AYES: (4) Councilmen Beary, Eck, Flores and Hopkins NOES: (0), None ABSENT (1) Councilman Smith Rescheduling of City Councilman Flores requested that the April 12, 1976 Council Council Meeting to meeting be rescheduled to April 5, 1976 because he would April 5, 1976 be attending a meeting in San Diego on April 12th. Upon motion of Councilman Eck, seconded by Councilman Flores,. and unanimously approved, the April 12, 1976 meeting was rescheduled to April 5, 1976. Project No. 1974 -11 City Manager Callinan introduced Mr. Philip Assaf, Bond Northwest Improvement Counsel, Mr. Decker of Decker Bowling Alley; Mr. Norman Project Spivock and Milt Hudis, Consulting Engineer; all of whom were in the audience; and referred the Council to his memo dated March 3rd concerning this project. City Attorney Flitner City Attorney Flitner stated for the record that Mr. Monroe, Leaves Chamber an associate of Mr. Flitner_'s, was representing Decker Bowling Alley in this matter, and consequently Mr. Flitner would abstain from discussing this matter. Mr. Flitner left the Chamber, the. time being approximately 9!15 p.m. Bond Counsel Assaf explained the proposed resolutions for the project. Discussion followed. Councilman Eck stated he did not .feel that assessment proceedings should be used for this type of project. Page 11 March 8, 1976 Mr..'.-Norman Spivock was recognized and stated that negotiations for acquisition of his land as open space appeared to be ready' to'go forward at this time, as per a recent conversa- tion with Supervisor Kortum. motion of Councilman Flores5 seconded by Councilman Eck,:aild unanimously approved, the Council agreed to con- sider Resolutions 76-35 through 76-44 in block form. Resolution 76-35 A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PRO- CEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, NORTHWEST IMPROVEMENT PROJECT NO. 1974-11 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded byCouncilman Beary,.and approved by the following roll call vote, the reading of Resolution 76-35 was waived and said resolution was adopted. AYES: (3) Councilmen Beary, Flores and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Resolution 76-36 A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS, NORTHWEST IMPROVEMENT PROJECT NO. 1914-11 .Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following roll call vote, the reading of Resolution 76-36 was waived and said resolution was adopted*` AYES: (3)' Councilman Beary, Flores and Hopkins NOES: (1) Councilman Eck ABSENT (1) Councilman Smith Resolution 76.37 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVE'- MENTS, NORTHWEST'�IMPROVEMENT PROJECT NO. 1974-11 Bond Counsel Assak.I-e'xplained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved bythe following roll call vote, the reading pf,,Resolution 76-37 was waived and said resolution was adopte AYES:' (3) Councilman Beary, Flores and Hopkins NOES: (1)* Councilman:Eck ABSENT (1) Councilman Smith Page 12 March 8, 1976 Resolution 76 -38 A RESOLUTION CREATING A REVOLVING FUND, NORTHWEST IMPROVEMENT PROJECT MO. 1974 -11 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following roll call vote, the reading of Resolution 76 -38 was waived and said resolution was adopted, AYES: (3) Councilman Beary, Flores and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Resolution 76 -39 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEERoS REPORT, NORTHWEST IMPROVEMENT PROJECT N0, 1974 -11 Bond Counsel Assaf explained the resolution. Upon motion of Councilmau Flores, seconded by Councilman Beary, and approved by the following roll call vote, the reading of Resolution 76 -39 was waived and said resolution was adopted. AYES: (3) Councilman Beary, Flores, and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Resolution 76 -40 A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE, NORTHWEST IMPROVEMENT PROJECT NO. 1974 -11 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following roll call vote, the reading of Resolution 76 -40 was waived and said resolution was adopted. AYES: '(3) Councilman Beary, Flores, and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Resolution 76 -41 A RESOLUTION APPOINTING TIME.AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE, NORTHWEST IMPROVEMENT PROJECT NO. 1974 -11 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following roll call vote, the reading of Resolution 76-41 was waived and said resolution was adopted. Page 13 March 8, 1976 AYES (3) Councilman Beary, Flores, and Hopkins _ - NOES..: (1) Councilman Eck ABSENT :' (1) Councilman Smith Resolution 76 -42 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED Bond Counsel'Assaf:explained the resolution. Upon motion of Councilman Flores, seconded by Councilman. Beary, and approved by the following roll call vote, the reading of Resolution 76 -42 was waived and said resolution was adopted. AYES: :(3) Councilman Beary, Flores,and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Resolution 76-43 A.RESOLUTION.DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT, NORTHIPTEST IMPROVEMENT PROJECT NO. 1974: -11 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following roll call vote, the reading of Resolution 76 -43 was waived and said resolution was adopted. AYES: (3) Councilman Beary, Flores,and Hopkins NOES: (1) Councilman Eck ABSENT : ` (1) Councilman Smith Resolution 76 -44 A RESOLUTION CALLING FOR BIDS ON SALE 'OF IMPROVEMENT BONDS, NORTHWEST IMPROVEMENT PROJECT NO. 1974 -11 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Bearyg and approved by the following roll call vote, the reading`bk?Resolution 76 -44 was waived and said resolution _p ea Was aCl a c.JIt.U. AYES: (3) Councilman Beary, Flores, and Hopkins NOES: (1) Councilman Eck ABSENT: (1) Councilman Smith Page 14 March 8, 1976 Project No. 1976 -4 City Manager Callinan..gave the staff report on this project, State Farm Drive - and referred the Council to his memo dated March 4th con - Enterprise Drive cerning same; as well as Mr. Hugh Codding's letter dated Improvement March 4th wherein he requests that the traffic signal on Hunter and Commerce Blvd.. if installed be on a 50/50 cost sharing basis between the assessment district and the City of Rohnert Park, Mr. Codding was present and stated he was ready to proceed with the road whether it went forward under the assessment proceedings or not,.. Mr. Codding and Bond Counsel Assaf both stated that the reasons assessment district proceed - ings are used extensively is because in this manner you get a completed project rather than a piece -meal type pro- ject. Councilman Beary queried Mr. Assaf as to whether he should abstain from voting on this matter, since he was currently doing some work for Codding Enterprises, Inc. Mr. Assaf opined that perhaps it would be best if he did abstain. Upon motion of Councilman Flores, seconded by Councilman Eck, and approved by the following roll call vote,. the. Council approved the Enterprise Drive- State Farm Drive Assessment District paying only:50o of traffic signalization on the Commerce Boulevard and Hunter Drive intersection, should said traffic signals be installed at this inter- section AYES: (3) Councilmen Eck, Flores, and Hopkins NOES: (0) None ABSTAIN: (1) Councilman Beary ABSENT: (1) Councilman Smith Resolution 76 -45 A•RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS E CODE, STATE FARM DRIV- ENTERPRISE DRIVE IMPROVEMENT PROJECT NO. 1976 -4 Bond Counsel Assaf explained the resolution. Upon"motion of Councilman Flores, seconded by Mayor Hopkins, and approved by the following voice vote, the reading of Resolution 76 -45 was waived and said resolution was adopted. AYES: (3) Councilmen Eck, Flores, and Hopkins NOES: (0) None ABSTAIN (1) Councilman Beary ABSENT: (1) Councilman Smith Page 15 March 8, 1976 Resolution 76 -46 A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS, STATE FARM DRIVE -'ENTERPRISE DRIVE IMPROVEMENT PROJECT NOo1976 -4 Bond Counsel Assaf explained the resolution. Upon motion'of Councilman Flores, seconded by Mayor Hopkins, and approved by the following voice vote, the reading of Resolution 76 -46 was waived and said resolution was adopted. AYES: (3) Councilmen Eck, Flores, and Hopkins 2tOES: ( 0 ) None ABSTAIN (1) Councilman Beary ABSENT: (1) Councilman Smith Resolution 76 -47 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVE - MENTS, STATE FARM DRIVE - ENTERPRISE DRIVE, IMPROVEMENT PROJECT NO. 1976 -4 ..Bond Counsel Assaf explained the resolution. Upon motion of Councilman Floves,,.seconded by Mayor Hopkins, and approved by -the. following voice vote, the reading of Resolution 76 -47 was waived and said resolution was adopted. AYES: (3) Councilmen Eck, Flores, and Hopkins NOES: (0) None ABSTAIN (1) Councilman Beary ABSENT: (1) Councilman Smith Flag Presented by Mayor Hopkins stated that the City had been presented Captain Jack Anderson a flag by Captain Jack Anderson,of Burton Ave. Mayor Hop - kins stated the flag would be placed in an appropriate place in the City. Recess At this point in the meeting Mayor Hopkins declared a recess, the time being approximately 9 :45.p.m,• Reconvene. Vice Mayor Flores reconvened the meeting at approximately lO:0O p.m. with all councilmen present, with the exception of Councilman Smith and Mayor Hopkins. City Attorney Flitner returned.to the Chamber at this time. Swimming Pool Rates City Manager Callinan directed the Council's attention for 1976 to ont�ips of the Summary of Swimming Pools Operations, 1975 Calendar Year which also lists recommended 1976 Swimm- ing Pool Rates. .Director of Parks and Recreation Pekkain explained the reasons for the recommended increase in rates. Discussion.followed, Employees' Dental Insurance Coverage Resolution 76-48 Page 16 March 8, 1976 Upon motion of Councilman Flores, seconded by Councilman. Eck, and approved by the following roll call vote, the r . ec ' orirended Swimming Pool Rates for 1976 were approved with two exceptions, said exceptions noted on the copy ,of the summary attached to these minutes. AYES: (2) Councilmen Flores and Eck NOES: (1) Councilman..Beary ABSENT: (2) Mayor Hopkins and Councilman Smith Mr. Callinan reviewed a ' staff report on dental self-insurance, Copies of which had been presented to the Council. Discussion followed. Mr. Tom Feeney of Feeney Insurance Agency,'the Cityts agent, was present and spoke briefly about the proposed self - insurance plan; stated it was a flexible plan and could be changed; gave his opinion on the time required to service the plan in-house; stated his agency would be agreeable to servicing the plan for 200. The Council questioned Mr. Feeney on various aspects of the proposed plan. Mr. Callinan stated he would like to have further, discussions with Mr. Feeney and something in writing from him concerning the participation of his agency. RESOLUTION AUTHORIZING AND DIRECTING THE IMPLEMENTATION OF A SELF-INSURANCE PROGRAM FOR EMPLOYEES DENTAL INSURANCE COVERAGE Resolution 76-50 RESOLUTION REQUESTING THE SONOMA COUNTY WATER AGENCY TO ACCEPT FOR MAINTENANCE THE DRAINAGE DITCH CREEK EASTERLY OF RAILROAD (Llano Subdivision, Unit No. 2) City Manager Callinan explained the resolution. Upon motion Of Councilman Beary, seconded by Councilman Eck, and unanimously approved$ the reading of Resoltuion 76-48 was waived and said resolution was adopted. The Council'thanked Mr. Feeney for his presentation. Llano Subdivision City Manager Callinan reviewed the resolutions, communica- Unit 2, Copeland.Creek tions from Qantas Development Corporation, and his memo Drainage.: Improvements the Council dated March 4th,concerning same. Discussion followed. Resolution 76-49 A RESOLUTION OF THE CITY OFROHNERT.PARK AUTHORIZING THE__ MAYOR OF THE CITY OF ROHNERT PARK TO,EXECUTE THE ATTACHED DOCUMENT (GRANT OF EASEMENT TO THE SONOMA COUNTY WATER AGENCY) City Manager Callinan explained the resolution. :Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved, the reading of Resolution 76-49 was waived and said resoluti6n,was adopted. Resolution 76-50 RESOLUTION REQUESTING THE SONOMA COUNTY WATER AGENCY TO ACCEPT FOR MAINTENANCE THE DRAINAGE DITCH CREEK EASTERLY OF RAILROAD (Llano Subdivision, Unit No. 2) Page 17 March 8, 1976 City Manager Callinan explained the•- resolution. Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved, the reading of Resolution 76 -50 was waived -and said resolution was adopted. Resolution 76 -51 RESOLUTION AUTHORIZING REIMBURSEMENT TO QANTAS DEVELOPMENT CORPORATION FOR CERTAIN COPELAND CREEK DRAINAGE PLAN IMPROVEMENTS Pioneer Ambulance Service Goat at Wastewater Treatment Plant City Manager Callinan explained the resolution. Upon motion of Councilman Beary, seconded by Councilman Eck, and unanimously approved,the reading of Resolution- 76-51 was waived and said resolution was adopted. City Manager Callinan advised that Finance Director Michael Daley had examined the statement submitted by Mr. Jay Wiseman for Pioneer Ambulance Service and found it to be acceptable; further stated that Mr. Wiseman had phoned and requested his rates request.be held in abeyance until he could resolve some problems that he was experiencing with another city. The Council agreed to a continuance of this matter. City Manager Callinan advised that a small aluminum boat used at the Wastewater Treatment Plant had been stolen and would be replaced. Health Services City Manager Callinan referred councilmembers to copies Proposal of a health services proposal received from California Health Services, which had been provided them. Mr. Callinan stated that Dr. Glaser of that organization would be in- vited to attend the next Council meeting, if agreeable to the Council. The Council concurred. Titus Small City Manager Callinan advised that he and Supt. of Public Claims Suit Works Eagan had appeared in small claims court with regard to'Mr. Jack Titus' suit for damages to the clothing of his children from a freshly oiled street. Mr. Callinan stated that the claim had been denied without prejudice. Brazil Law Suit City.Manager Callinan gave an update . on the Brazil,,. Law Suit pending against the City and various Public Safety ;. personnel. TDA /Gas'-Tax,:Funds City Manager Callinan reviewed his memo dated March 4th concerning use of TDA and gas tax funds. Meeting with City Manager Callinan advised that Congressman Clausen Congressman Clausen... would be in the area April 22nd, and suggested a meeting with Mr. Clausen on that date at 10:00 A.M. The Council was agreeable to said meeting with it to end by Noon. Golf Cart Shed City Manager Callinan advised that Golf Pro William Ross had requested enclosure of a portion of the existing golf cart storage shed to permit more carts to be stored over- night on a secure basis. Page 18 March 8, 1976 Mayors and City Manager Callinan advised that there would be a Councilmen Meeting Sonoma County Mayors and Councilmen Association Meeting in Petaluma, Thursday, March.11tha Trade-in of Police ..,C.ity Manager Callinan stated that the two police vehicles Vehicles which the City planned to use as trade-ins on new vehicles had experienced breakdowns, one had caught fire, and the transmission had gone out on the other; stated he felt in good faith the City should make repairs before trading in these vehicles. The Council concurred. Fire District City Attorney Flitner, responding to the Council's directive, Taxation Matter indicated that he would represent the residents should they desire to file a class suit against the Cotati Fire Protection District, for an hourly charge of $40 with a maximum indication of cost; however, he stated that he had talked with Lynda Millspaugh of the County Counsel's office who was reviewing the matter for the Cotati Fire District, and suggested that the City wait for the -tlegal opinion from that office first. Should a suit prove eminent, Mr. Flitner suggested that the City be reimbursed for his services from monies granted to the plaintiffs. The Council requested that Mr. Flitner prepare a letter incorpo- rating the above information which will be sent to those residents involved. Mr. Flitner stated he would do so. Golf Course City Attorney Flitner advised that concerning the golf Damage vandalism damage, one party had paid in full, two were making monthly payments and the fourth, who-had moved to Los Angeles, was still pending. Mr. Flitner suggested that this judgment be given to a collection agency for collection for a 25% fee; felt that the City had an obligation to the parties that are paying to attempt to collect oJ-4 the fourth party. Councilman Beary made a motion directing the City Attorney to proceed against the Los Angeles party for recovering damage costs to the golf course, and if at all possible to process in Sonoma County. Councilman Eck seconded, the motion which was approved unanimously. Adrian Drive Councilman Eck initiated a discussion concerning the recent Overlay Adrian Drive Overlay project; stated that at the corner of Alison and Adrian two large chunks of asphalt had broken 'bus where the stops. City Manager Callinan stated the City has not yet accepted completion of the project and -the contractor Is returning to'do some additional work; stated that it was the underlay that presented the problem, that it was not strong enough structurally for the stopp- ing and starting of large buses. Reflectors at Councilman Eck initiated a discussion stating that it E. Cotati Ave. appeared that the reflectors on the bike baths at East and Snyder Lane Cotati,.Aue. and Snyder Lane had been placed on Snyder Lane, and actually should have been.placed on E. Cotati Ave. Mr.'Callinan stated he -would check into this matter. Page 19 March 8, 1976 Scout Hut Councilman Beary gave an update on the progress of the Scout Hut; stated that lumber was needed and he was getting estimates on same as well as seeking contributions of lumber. Stadium Committee Councilman Flores gave a report on the Stadium Committee; Report indicated some money has been collected for the stadium project; a meeting had been attended with representives of the high school with discussion being centered on the very poor condition of the field, stated it needs a complete overhaul; indicated the committee will contact Petaluma High School Board for comments regarding this problem. Councilman Beary made a motion that staff forward a letter over the Mayor °s signature to the Petaluma Nigh School District requesting that they join the City in a joint venture to overhaul the high school field. Councilman Eck seconded the motion which was approved unanimously. Early Restaurant Councilman Flores stated he had been requested to see if Opening at Golf the restaurant at the Golf Course could open early on Course the weekends for players who would like to breakfast before an early tee off. Mr. Callinan stated he would check into this matter. Achievement Awards City Manager Callinan initiated a discussion concerning the letter received pertaining to achievement awards this year; stated that private individuals were solicited for donations as well as the City; felt that this year the City should not donate to the achievement awards. The Council was in agreement with Mr. Callinan on this matter. Adjournment There being no further business, Vice Mayor Flores adjourn - ed the meeting at approximately 11:00 p.m. to March 9, 1976 at 7 :00 p.m. Deputy City Clerk APPROVED: "Myer- If