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1971/11/01 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES November 1, 1971 The Council of the City of Rohnert Park met this date in regular session commencing at 7:05 p.m. in the City Offices, 435 Southwest Boulevard, Rohnert Park, with Mayor Hopkins presiding. Call to Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:05 p.m. and led the pledge of allegiance. Roll Call Present: (4) Councilmen Buchanan, Roberts, Smith and Hopkins Late: (1) Councilman Rogers. His time of arriv41"1S. specifically noted in the minutes. Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, Deputy City Attorney Mawson, Engineer Hudis, County Planner Bob Gaskill, and Bond Counsel Richard H. Hargrove. Project No. 1970 -1 Bids on the bonds for Project No. 1970 -1, Sewer and dater Improvements for Giffin Mobile Home Park, were opened. Bids were received from the following: San Francisco Securities, 95.430 of par with interest at 6.90% per annum Gross 4nd, Company, Inc., 98.58% of par with interest at 6.5% per annum Stone 6 Youngberg, 97.110 of par with interest at 6% per annum. The bids were turned over to Bond Counsel Hargrove for review. Adjournment to Mayor Hopkins adjourned the meeting to an executive session Executive Session at 7:08 p.m. which was held to discuss possible appointments to the Cultural Arts Commission and Planning Commission. Reconvene Mayor Hopkins reconvened the regular meeting at approximate- ly 7 :12 p.m. Executive Session Mayor Hopkins announced that the executive session had been held to discuss appointments to the Cultural Arts Commission and Planning Commission. Approval of Minutes Upon motion of Councilman Smith, seconded by Councilman Buchanan, and unanimously approved, the minutes of October 18th were approved. Approval of Bills Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the bills presented per the attached list in the amount of $8,8L16.26 were approved. Page -2- November 1, 1971 Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any com- munication except as noted specifically in these minutes. Resignation of Mr. Jim A Ietter of resignation from Mr. Jim Dempsey from the Cul- Dempsey from Cultural tural Arts Commission was brought to the attention of the Arts Commission Council by City Manager Callinan. Upon motion of Coundlman Smith, seconded by Councilman Roberts; and unanimously approved, Mr. Dempsey's resignation from the Cultural ARts Commission was accepted with regret. Elections and City Manager Callinan noted that the Assembly Committee on Reapportionment Elections and Reapportionment would hold a meeting on November. 3 to consider changes in the Assembly and Congres- sional districts and that there would be no changes in Congressman Clausen's district but that Rohnert Park - Cotati area would be taken from Assemblyman Bagley °s district and put into Assemblyman Bellottios district. Planning Commission It was noted that several letters from residents offering to serve on the Planning Comm-iissiori iiad been received and a brief discussion was held concerning the duties of the Plann- ing Commission. Annexation of Holiday City Manager Callinan brought to the attention of the Council Park Subdivision to a Sonoma County Local Agency Formation Commission hearing Cotati Fire District on the application for annexation of Holiday Park Subdivision to the Cotati Fire Protection District and his advice from the LAFC staff that none of Rohnert Park is included in the annexation. Councilman Smith as a member of LAFC, was alerted to be certain that none of Rohnert Park is included in the annexa- tion. Project No. 1971 -2 City Manager Callinan reported on Project No. 1971 -2, Snyder Snyder Dane Lane, advising the proposed total project cost was $304,000 with a $65,000 contribution from the city, leaving a balance to assessment of $238,464, and that Stone & Youngberg had offered to buy the bonds for the project at 85% of par with 7% interest rate. Mr. Callinan read the assessment amount on each parcel in the assessment district. He also advised that an extension of time to December 6th had been received from Argonaut Constructors on the construction bid. Mr. Arthur Howard of Sonoma Campus Company was recognized and stated his company could not afford the assessments, even though reduced, and would still have to object to the assessment district. He questioned whether or not the Coun- cil had set a 10% maximum discount on the bonds. Engineer Hudis responded that 15% was the discount provided in the Engineer's Report. Mr. Howard commented that it seemed ridic- ulous to bond property to this extent at this stage of development; that there was no*% way his company could pay the assessments and no way that it will. Resolution No. 71 -133 Page -3- November 1, 1971 Mr. Ben Oretsky, one of the first trust deed holders on the Sonoma Campus Company property, was recognized and commented that he couldn't see any reason for so much discussion when the property owner is unwilling and unable to make the pay - ments on the bonds. He also commented that the purpose of improving Snyder Lane was not specifically for those proper- ty owners included in the assessment district, but will help other property owners who are not paying for the im- provements. He advised that he thought the project should extend from East Cotati Avenue to the Expressway and that it seemed much more feasible to do the whole project. `Upon questioning by Councilman Smith, Mr. Howard responded that his company was approximately $38,000 in arrears on .. existing assessments. Upon questioning, Mr. Oretsky responded that.when the Benson property is included ui the assessment district and paying its share he would look with favor on the project. City Manager Callinan reminded that the original Snyder Lane project had included all the property to East Cotati Avenue but there had been..too many objections therefore the Council had directed abandoning that`lar,ger project. Councilman Rogers asked Mr. Howard if a change of zoning would help make theproperty tore marketable. Mr. Howard replied that he really did not know since he had not con- sidered : t, at idea. In response to..a.question Mr. Callinan replied that $24,000 of city gas tax funds would be contributed to the project. Mayor Hopkins advised he felt the contribution of such sums would be encouraging land speculation. It was pointed out that the project was being done due to the needs of the high school students and there was no better place to use gas tax funds. Mr. Paul Golis was recognized and commented on the cost of the drainage improvements required by the Sonoma County Water Agency and the exorbitant cost of same. Bond Counsel Hargrove instructed the Council in procedures necessary in overruling the protests. A RESOLUTION DETERMINING THAT LIMITATION OF INDEBTEDNESS MAY BE EXCEEDED (Snyder Lane Improvement Project No. 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of.,CouncIlman Buchanan, seconded by Councilman Rogers, and approved by the following voice vote, the read- ing of Resolution No. 71 -133 was waived and said resolution was adopted: AYES: (4) Councilmen Buchanan, Roberts, Rogers and Hopkins NOES: W Councilman Smith Page -4- November 1, 1971 Resolution No. A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 OF THE 71 -134` STREETS AND HIGHWAYS CODE, TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS (Snyder Lane improvement Pro- ject No 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following voice vote, the read- ing of Resolution No. 71 -134 was waived and said resolution was adopted: AYES: (4) Councilmen Buchanan, Roberts, Rogers, and Hopkins NOES: (1) Councilman Smith Resolution No. A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION i1 -135 NO. 71791 (Snyder Lane Improvement Project No. 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following voice vote, the read- ing of Resolution No. 71 -.135 was waived and said resolution was adopted: AYES: (4) Councilmen Buchanan, Roberts, Rogers and Hopkins NOES: (1) Councilman.Smith Resolution No.. A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS (Snyder Lane 71 -136 Street Improvement Project No. 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following voice vote, the read- ing of Resolution No. 71 -136 was waived and said resolution was adopted: AYES: (3) Councilmen Buchanan, Roberts, and Rogers NOES: (2) Councilmen Smith and Hopkins Resolution No. A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRM - 71 -9.37 ING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS (Snyder Lane Improvement Project No. 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of Counctman Buchanan, seconded by Councilman Rogers,, and approved by the following voice vote, the read- ing of Resolution No. 71 -137 was waived and said resolution was adopted: AYES: (4) Councalment Buchanan, Roberts, Rogers, and Hopkins NOES: (1) Councilman Smith Page -5- November 1, 1971 Resolution No.. A RESOLUTION AWARDING SALE OF BONDS (Snyder Lane Improvement 71 -138 Project No. 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following voice vote, the read- ing of Resolution No. 71 -138 was waived and said resolution was adopted.. AYES: (4) Councilmen Buchanan, Roberts, Rogers, and Hopkins NOES: (1) Councilman Smith Resolution No. A RESOLUTION DESIGNATING COLLECTION OFFICER (Snyder Lane 71 -139 - Improvement Project No. 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following voice vote, the read- ing of Resolution No. 71 -139 was waived and said resolution was adopted: AYES: (4) Councilmen Buchanan, Roberts, Rogers and Hopkins NOES: (1) Councilman Smith Resolution No. A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECES- 71 -140 SITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS (Snyder Lane Im- provement Project No. 1971 -2) Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and - approved by the following voice vote, the read- ing of Resolution No. 71 -140 was waived and said resolution was adopted: AYES: (4) Councilmen Buchanan, Roberts, Rogers and Hopkins NOES: (1) Councilman Smith Councilman Smith stated fcr the record that he voted no because: 1. Sonoma Campus Company is significantly in arrears on all its assessment bonds and to approve a project that would im- pose an additional burden on thiscompany would place these lands in future jeopardy. 2. There is $40,000 in cash on deposit with the County Treasurer now because we have to back up delinquent assess- ment bonds. Mayor Hopkins declared the public hearing open on the En- gineer's Report and evidence relating to the method of spread of assessment in accordance with benefits. City Manager Callinan advised that no written communications had been received. Mayor Hopkins asked if there was anyone present desiring to be heard. No one desired to speak. After dis- cussion and consideration by the Council, the hearing was declared closed. Resolution No. A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION 71 -141 NO. 71 -113 (Giffin Mobile Home Park Assessment District Pro- ject No. 1970 -1). Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 71 i41 was waived and said resolution was adopted. Resolution No. A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRM - 71 -142 ING THE ASSESSMENT AND ORDERING THE ACQUISITIONS (Giffin Mobile Home Park Assessment District, Project No. 1970 -1) Bond Ccuncil. Hargrove summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 71 -142 was waived and said resolution was adopted. Resolution No. A RESOLUTION DESIGNATING COLLECTION OFFICER (Giffin Mobile 71-143 Home Park Assessment District, Project No. 1970 -1) Bond Counsel Hargove summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Page -6- November 1, 1971 3. The high school decided to discontinue using buses and if the buses were re- implemented some of the pressure for this improvement project would be removed. - Councilman Roberts stated for the record that he voted aye because there are over 500 Rohnert Park Students walking to the high school and with the students in mind he would have to vote for the project wen though he had reservations about adding to assessments on properties already in arrears on assessments. It was decided that the award of the construction contract for Project 1971 -2 would be scheduled for the December 6th meeting. Project No. 1970 -1 Engineer Hudis reported on Project No. 1970 -1, advising that Giffin Mobile Home it does not include any construction, but is to raise the Park Assessment money to pay the $1,550 per acre assessment fee for acquisi- District Lion of rights in existing facilities and connection to uti- lity systems. Mayor Hopkins declared the public hearing open on the En- gineer's Report and evidence relating to the method of spread of assessment in accordance with benefits. City Manager Callinan advised that no written communications had been received. Mayor Hopkins asked if there was anyone present desiring to be heard. No one desired to speak. After dis- cussion and consideration by the Council, the hearing was declared closed. Resolution No. A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION 71 -141 NO. 71 -113 (Giffin Mobile Home Park Assessment District Pro- ject No. 1970 -1). Bond Counsel Hargrove summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 71 i41 was waived and said resolution was adopted. Resolution No. A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRM - 71 -142 ING THE ASSESSMENT AND ORDERING THE ACQUISITIONS (Giffin Mobile Home Park Assessment District, Project No. 1970 -1) Bond Ccuncil. Hargrove summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 71 -142 was waived and said resolution was adopted. Resolution No. A RESOLUTION DESIGNATING COLLECTION OFFICER (Giffin Mobile 71-143 Home Park Assessment District, Project No. 1970 -1) Bond Counsel Hargove summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Page -7- November 1, 1971 Buchanan and unanimously approved, the reading of Resolution No. 71 -143 was waived and said resolution was adopted. Bond Counsel Hargrove gave a report on the bids on the bonds which were received and opened at the beginning of the meet- ing: Name Avg. Int. Rate .Stone & Youngberg 6.357 Gross & Company, Inc. 6.6676 San Francisco Securities 6.9 Reoslution No. A RESOLUTION AWARDING SALE OF BONDS (Giffin Mobile Home Park 71 -144 Assessment District, Project No. 1970 -1) Bond. Counsel Hargrove summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 71 -144 was waived and said resolution was adopted. File No. 0200 City Manager Callinan read a letter dated November 1, 1971 H. Hilliard and from H.C. Hilliard which requested zoning to Regional Com- E.A. LaQ6.ppelle mercial of the entire 16 acre parcel at the northeast corner Appl. for CR Zoning of Commerce Blvd. and Rohnert Park Expressway. Mr. Callinan recommended that the ordinance introduced at the last meet- ing for rezoning a portion of the property not be adopted and a new ordinance introduced which would rezone the entire 16 acres. He reviewed a road access plan prepared by the County Road Department for the Rohnert Park Expressway and Commerce Boulevard vicinity. A brief discussion followed after which the Council decided to wait for the access pro- blems on Commerce Blvd. and the Rohnert Park Expressway to be completely worked out before proceeding further with the rezoning. Councilman Buchanan Councilman Buchanan left the Council Chambers at this point Leaves in the meeting, the time being approximately 8:00 p.m. File No. 0185 City Manager Callinan reminded the Council. that a committee Proposed Amendment composed of Mayor Hopkins, Councilman Rogers, and Nore To Zoning Ordinance Thiesfeld of Sonoma State College had provided recommenda- re Multi - Family tions for the proposed amendment to the Zoning Ordinance Residential Districts concerning. Multi- family Residential District density and off- street parking requirements. Councilman Buchanan Councilman Buchanan returned to the Council Chambers at Returns this point in the meeting, the time being approximately 8:04 p.m. City Manager Callinan advisod that notice of the public hearing on the matter had been published in the Press Demo- crat and The Clarion and sent to builders, developers, real estate offices, etc. in the area. November 1, 1971 Mayor Hopkins declared the public hearing openon the pro- posed amendment to Zoning Ordinance concerning Multi- Family Residential District density and off - street parking require- ments. City Manager Callin an read letters from the following: 1. Arthur Howard dated November 1, 1971, express- ing opposition to the proposed amendment. 2. Robert Harris of King's Office Supplies and Equipment dated October 29, 1971 expressing opposition 'to the proposed amendment. 3. Olaf T. Gross, received November 1, 1971, express- ing opposition to the proposed amendment. 4. R. Allan Forsyth of Forsyth Realty dated October 29, expressing opposition to the proposed amend- ment. 5. Walter B. Rathke of Rathke 6nstruction Co. dated October 29, 1971 expressing opposition to the proposed amendment. 6. Paul Golis of Rohnert Park Realty dated October 29, 1971 expressing opposition to the proposed amendment. 7. Nore Thiesfeld dated November 1, 1971 which re- commended a study of other cities and towns that are planned communities. Mr. John Smaby was recognized and commented that most of the letters had been from developers and suggested that some facts should be presented that money cannot be made under -the proposed ordinance. Mr. Olaf Gross was recognized and reviewed some of the difficulties of establishing multi- family housing in Rohnert Park and stated Hs books were open to anyone who would like to see them. Mr. Walter Rathke also commented and offered to let his books be inspected. Mr. Paul Golis was recognized and suggested that the offer of Mr. Gross and Mr. Rathke to inspect their books be accepted. Page -9_ 1. November 1, 1971 Councilman Rogers suggested that thepublic hearing be ad- journed to another time and have a work session to review the matter. Councilman Buchanan Councilman Buchanan left the Council Chambers at this point Leaves & Returns in the meeting, the time being approximately 8:30 p.m. He returned at approximately 8:32 p.m. Mr. Ernest McCulloh was recognized, stated he lived in Petaluma but had business interests in Rohnert Park, and asked for. a definition of "livable area" as used in the pro - posed ordinance since he had a four unit apartment planned and in order to comply with the proposed ordinance he would probably have to reduce the size and quality of his develop- ment and advised that he would like to participate in a work session. City Manager Callinan responded to the question of "Livable area" by 'reading a, portion of the proposed ordinance Mr. Harold Beers was recognized and expressed agreement with a work session and also thought it was dangerous to play around with one section of the General Plan. He advised that in his particular instance he is limited to one story multi- family units and to also be limited by ground coverage is rather difficult. Councilman Roberts Leaves and Returns Mr. Ben Oretsky was recognized and commented that he thought the Council should be more lenient with developers, not more restrictive and that more consideration should be given to the person who is paying the bill. Councilman Smith produced a classified advertisement from the October 22 issue of the Wall Street Journal which offer - ed for sale land in Rohnert Park zoned for 46 units with a sales price of $72,000 and asked if that was the going price for such land in Rohnert Park. Mr..Pat Taylor, 488 Alta Avenue, responded that land in Rohnert Park has never sold for $1500 per unit. Mr. Paul Golis advised that a good price for multiple zoned land was $1000 per unit. A lengthy discussion followed. Councilman Roberts left the Council chambers during the above discussion, the time being approximately 8:45 p.m. He returned at approximately 8 :47 p.m. Mrs. Lorraine Curley, owner of Casa Dorado Apartments was recognized and also offered to open her books if it would be helpful in making a decision on apartment density as related to economic factors. There being no one further desiring to be heard, Mayor Hopkins continued the public hearing to November 29, 1971 at 7:30 p.m. File No 0203 Pro- posed Amendment to Zoning Ordinance to allow 6000 sq. ft Lots Ordinance No. 158 Page -10- November 1, 1971 City Manager Callinan recommended a committee be appointed to meet with interested parties prior to the work session. Councilmen Roberts and Smith were appointed by Mayor Hopkins to serve as such a committee. Deputy City Attorney Mawson recommended that County Planner Wes Vail and Nore Thiesfeld of Sonoma State College be on the committee also.. Mr. Paul Golis commented about rumors of a student rent strike and stated he would be happy to meet with any student to clear up any misunderstanding. City Manager Callinan reviewed and explained the proposed amendment to the Zoning Ordinance to provide for 6,000 rather than 6,500 square foot minimum single family district lots and to amend side yard requirements for said lots. He re- ported that notice of the public hearing had been published in The Clarion and sent to builders, developers and local organizations such as the Chamber of Commerce, Homeowners, etc. Mr. Callinan recommended against making the change to the Zoning Ordinance Mavor Hopkins declared the public hearing open on the pro- posed amendment to the Zoning Ordinance to provide for 6,000 rather than 6,500 square foot minimum single family districts lots. Mr. Louis Beary was recognized and advised he felt increasing the density would take away from the bargaining position of the Council and that he liked the argument that Rohnert Park was the only city of any size in Sonoma County to have 6,500 square foot lots and thought it should stay that way. There being no one else desiring to be heard, Mayor Hopkins declared the public hearing closed. Discussion followed. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ROHNERT PARK (Minimum size, width and side yard requirements in certain one - family residential districts) City Manager Callinan summarized the ordinance. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and approved by the following roll call vote, the reading; of Ordinance No. 158 was waived and said ordinance was introduced AYES, (4) Councilmen Buchanan, Roberts, Rogers, and Hopkins NOES: (1) Councilman Smith Deputy City Attorney Mawson pointed out that bargaining for parks, etc. could only be with individual subdivisions and that the zoning amendment would affect all single family residences. Page -11- November 1, 1971 Councilman Smith stated for the record that he voted no because this was a tailor, made situation to accommodate Mr. Art Condiotti and his development had triggered the change in the ordinance; that this change would provide Mr. Condi- otti with an additional 20 lots which is an outright gift to him so long, as the city does not get any parks from him; and that he would go along with the 6,000 square foot lots if they city could get something in return for the public. Councilman Rogers stated for the record that the law pro- vides the city can require developers to provide parks. City Manager Callinan advised that the minimum lot size change will require an amendment to the Subdivision Ordin- ance and same will be prepared and ready for introduction at the next regular meeting. File 0119 City Manager Callinan reported that Mr. Giffin had requested Proposed Convenience that the matter of his proposed convenience market for Market in Giffin the Los Companeros Mobile Home Park be deferred to the next Mobile Home Park regular meeting. File 0205- Spivock Lands North of Golf Course City Manager Callinan reported that copies of Mr. Spivockts plans to date had been provided to each Councilman and County Planner Wes Vail. Mr. Spivock acknowledged that the plans submitted were some- what vague but that he wanted to keep the Council apprised of his plans as he went along rather than investing much money in detailed plans and drawings and then find the Coun- cil objected. He commented generally that perhaps he would build parks and give them to the city in lieu of cash for the $40 per unit recreation fee and that he hoped to come back in four weeks with firm plans for 200 units which would probably be townhouses. City Manager Callinan advised that County Planner Vail °s only comments at this point were to the effect that den- sity should not exceed that in the General Plan. The Council indicated no objections to Mr. Spivockas plans thus far. File 0034 -First City Manager Callinan reviewed the letter from the First Baptist Church on Baptist Church on Boris Court concerning their intention Boris Court to confine the church facilities to the present site and sell the adjacent lot. A brief discussion followed. The Council indicated no objections. File 0121 - Redwood City Manager Callinan brought to the attention of the Coun- Estates Sonoma cil the request for an extension of time for the freeway Mobile Home Park directional sign of Redwood Estates Mobile Home Park. A brief discussion followed. Page -12- November 1, 1971 Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, a six months extension Of time was approved for the Redwood Estates Sonoma Mobile Home Park freeway directional sign. File 0206 - A.B.Dick City Manager Callinan explained the request of A.B. Dick Request for Additional Company for an additional sign on the Commerce Boulevard Sign building and reported that the county planning staff ad- vised that the additional Sign would be within the required limits. A brief discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved,ithe additional sign for A. B. Dick was approved subject to conditions set down by staff. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -145 was waived and said resolution was adopted. Councilman Smith Councilman Smith returned to the Council Chambers at this Returns point in the meeting, the time being approximately 9,:38 p.m. Resolution No. RESOLUTION AUTHORIZING WORKMEN'S COMPENSATION INSURANCE 71 -146 COVERAGE FOR AUXILIARY POLICE RESERVE City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -146 was waived and said resolution was adopted. Discussion followed concerning the landscaping at the A.B. Dick facility and the failure to bring it up to required standards. City Manager Callinan responded that the owner of A. B. Dick was also unhappy with the landscaping and was negotiating for the purchase of the building and had indi- cated the upgrading of the landscaping was among the first improvements to be made to the site if negotiations to pur- chase the property were successful. Recess Mayor HOpkins declared a recess at this point in the meet- ing, the time being approximately 9:20 p.m. n °s °L °n _ a'L s'L Se it 'e'L J 7$ i6 it eo as 7e .i n Reconvene Mayor Hopkins reconvened the meeting at approximately 9:35 p.m. with Councilman Roberts, Rogers, and Hopkins present. Resolution No. RESOLUTION AUTHORIZING AND APPROVING MODIFICATION OF AGREE - 71 -145 MENT BETWEEN THE CITY OF ROHNERT PARK AND THE STATE OF CALIFORNIA CONCERNING THE ROHNERT PARK EXPRESSWAY OVER - CROSSING OF U.S: HIGHWAY 101. City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -145 was waived and said resolution was adopted. Councilman Smith Councilman Smith returned to the Council Chambers at this Returns point in the meeting, the time being approximately 9,:38 p.m. Resolution No. RESOLUTION AUTHORIZING WORKMEN'S COMPENSATION INSURANCE 71 -146 COVERAGE FOR AUXILIARY POLICE RESERVE City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -146 was waived and said resolution was adopted. Prrointinent to Cultural Arts Commission Cost of County Water Beautification Page -13- November 1, 197:1. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, Mrs. Dorothy Schmidt was appointed to the Cultural Ants Commission for the unexpired term of Mrs. Jane Faust. Councilman Smith asked if any word had been received on the increased cost of county water. City Manager Callinan replied in the negative. Councilman Roberts related information he had received about Rohnert Park organizations carrying out beautification pro- jects in Cotati and requested and received. Council approval to be the liaison between organizations, Recreatinn Depart- ment and Cultural Arts Commission. Sewer Service to City Manager Callinan reviewed his memo concerning the City of Cotati recent billings issued for sewer service to the City of Cotati. He then explained that it had been originally planned to install a meter in East Cotati Avenue to meter the sewer flow but there was a question as to whether or not the flow meter would perform accurately. He suggested that sewer service to the area in Cotati south of East Cotati Avenue be provided on a flat billing basis, as is now done for Rohnert Park residents, plus a small adminis- trative fee. He solicited and received, approval of the Council for staff working out a program for same. Donation of Surplus City Manager Callinan explained that the Department of Radio to Freestone Public Safety had a surplus obsolete 6 volt radio and that Volunteer Fire Dept. Chief Der_nett had requested permission to donate same to the Freestone Volunteer Fire Department. A brief discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the donation of the sur- plus obsolete radio to the Freestone Volunteer Fire Depart- ment was approved. Hourly Employees in City Manager Callinan explained that there were some full - Retirement Program time hourly employees at the golf course who had requested they be allowed to participate in the retirement program. A brief discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, participation in the retirement program for full -time hourly employees was approved. Charge for Mailing City Manager Callinan discussed with the Council the possi- Agendas, etc. bility of charging a fee for the mailing of the Council agendas, meeting summaries and minutes to the large number of individuals and firms that are presently on the city's mailing list. The Council indicated it did not want to make a charge for this service. Proposed New Water City Manager Callinan discussed with the Council the possible ,;forage Tank location of an additional water storage tank on a 1/3 acre - Page -14- November 1, 1971 surplus Piece of property owned by Mr. Norman Spivock which is adjacent to the Northwestern Pacific Railroad immediately north of the Southwest Boulevard grade crosing. He ad- vised that Mr. Spivock would deed the parcel to the city for the payment of the back taxes which amounted to approxi- mately $1,000. The Council indicated its approval for the acquisition of said site for a new water storage tank. International City City Manager Cal.linan reminded theCouncil that the Inter - Mana�.ers`Conference national City Manager's Conference was scheduled for November 7 - 11 in Miami and requested Council approval to have Superintendent of Public Works Bill Wiggins act as City Manager Pro Tempore during his absence if he should attend the conference. Upon motion of Councilman Roberts, seconded by Councilman Rogers, and unanimously approved, the appointment of Super- intendent of Public Works Bill Wiggins as City Manager Pro Tempore during the absence of City Manager Callinan was approved. A brief discussion was held concerning the possi- bility of City Manager Callinan.returning via Washington, D.C. to pursue the EDA application for the interchange overpass. The Council indicated its approval of same. Public Hearing Mr. Louis Beary was recognized and questioned the lack of Procedure opportunity for rebuttal from the audience concerning the decrease in lot size to 6,000 square feet and commented lie thought the impact on the community was greater than the Council had indicated. Councilman Roberts responded that the policy of the Council had been to have a public hearing followed by Council discussion in order to obtain public opinions before Council decisions were made. Discussion followed during which it was rentioned that perhaps the procedure should be assessed. opinions from Councilman Smith initiated a discussion concerning the Attorney General, proper procedure in requesting an opinion from the Attorney General and also conflicts of interest in matters. Deputy City Attorney Mawson replied that opinions were usually sought through the appropriate legislator; i.e. Assemblyman Bagley or Senator Collier. He further advised that he would be happy to have a work session with the Council on legal points concerning conflict of interest. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 10:15 p.m. J eputy � ty C k