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1970/07/06 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES July 6, 1970 The Council of the City of Rohnert Park met this date in regular session at 7:00 P.M. in the City Offices, 435 South- west Boulevard, Rohnert Park, with Mayor Smith presiding. Call to Order Mayor Smith called the meeting of the regular session to order at approximately 7 :05 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Buchanan, Hopkins, Roberts, Rogers, and Smith Absent: (0) None Staff Present: City Manager Callinan, City Attorney Maxwell and Engineer Hudis Approval of Minutes Upon motion of Councilman Hopkins, seconded by Councilman Rogers, and unanimously approved, the minutes of June 15, and 23rd were approved as submitted. Approval of Bills Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the bills presented for approval 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. File No. 105 City Manager Callinan read a letter dated June 25, 1970 from Paul Golis, of Cofego Enterprises, to the City Council relative to Council action taken in connection with Arthur Howard's request for confirmation of service station zon- ing at the southeast corner of Commerce Blvd. and Rohnert Park Expressway. City Attorney Maxwell advised the Council that he had re- viewed the file.and that the Council action had not been illegal. Mayor Smith reviewed Council action on the said location. File No. 143 City Manager Calltan read a letter dated July 1, 1970 from Vic Freeman of Western Hosts which contained an offer to sell "seven lots" on future Santa Alicia Drive to the City for Alicia Park expansion. Council asked for a staff recom- mendation at the next regular meeting before taking any action on the offer of Western Hosts. Legal Representa- City Manager Callinan read a letter dated July 6, 1970 tion for City from Paul Golis, Rohnert Park Realty, regarding Budget Item 430, Legal Services. A brief disouviion followed. Page -2- July 6, 1970 Railroad Rights of Mayor Smith reviewed the beautification of railroad rights Way Beautification of way matter. A brief discussion followed during which the Council deferred any action on a proposed agreement be- tween the city and the railroad for landscaping railroad rights of way through the city until after the July 15th PUC meeting concerning landscaping. P.G. & E. Rates City Manager Callinan read a letter dated June 16, 1970 from H. E. Boyett of P.G. & E. regarding rates and also a letter dated June 29, 1970 from Fr. Paul Golis of Rohnert Park Realty on the same subject. Mayor Smith reported that he and City Manager Callinan had gone to the Public Utilities Commission recently and found that P.G. & E.'s position on rate changes was generally correct. A motion was made by Councilman Hopkins, to send to the P.U.C. all recent communications concerning P.G. & E. rates with a request that the P.U.C. review utility rates. Said motion was seconded by Councilman Buchanan. Discussion followed in which Ralph Fitch of P.G. & E. and Rohnert Park residents Thorvald Andersen and Betty Brooks participated. City Manager Callinan stated for the record that the P.U.C. verified all figures and information fur- nished to the Council by P.G. & E. and himself. �+v'wai; i "max U PtL.L � SddC) 1,10rd w is Unanimously approved on a voice vote. Golf Pro's Contract Counolman Roberts reported that informal discussions had been held with Mr. Porter concerning his contract and that the committee would have a recommendation ready for presen- tation at the meeting to be held July 7, 1970. TOPS Donation Mayor Smith reported on attending a recent TOPS club meet- ing at which a $25.00 check had been donated to the City by Rohnert Park TOPS to start a fund for a sound system at the Community Center. Staff was directed to write a letter of appreciation to the TOPS Club. File No. 0157 City Manager Callinan summarized the application of W.F. W.F. Cahill Cahill, 7795 Beverly Drive, for a variance to move corner lot side yard fence closer to street. Mr. and Mrs. Cahill were present. Mr. Cahill spoke briefly to the Council regarding his applicatnn and complimented City Building Inspector Barnhart on his helpfulness. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the Council made the necessary finding and W.F. Cahill's application for vari- ance was granted. Project No. 1970 -4 City Manager Callinan reported that bids had been opened Southwest Blvd. on Project No. 1970 -4, Southwest Blvd., July 2, 1970. Resolution No. 70 -87 Resolution No. 70 -88 Resolution No. 70 -69 Page -3- July 6, 1970 Mayor Smith declared the public hearing open on the Engineer's Report for Project 1970 -4. Bond Counsel Philip Assaf reported that notices of the public hearing had been posted, published, and mailed and affidavits of same were on file. He further advised that the Engineer's Report was on file and contained the items required by law. Engineer Hudis reported that the last right of way was at the title company and should be recorded within the next day or two. Engineer Hudis reported on the bids received for the pro - ject and advised that O.C. Jones & Sons of Berkeley, California was the low bidder. He explained the boundaries of the assessment district, and the basis for the assess - ments. City Manager Callinan advised that no written communications concerning the Engineer's Report had been received. There being no one wishing to be heard Mayor Smith declared the public hearing closed. City Manager Callinan advised that a letter had been re- ceived from Bank of America stating they were holding funds to pay off the assessments for Young America Homes, on Colegio Vista Subdivision No. 2. A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 70 -48 (Southwest Boulevard Improvement Project No. 1970 -4) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 70 -87 was waived and said resolution was adopted. A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRM- ING THE ASSESSMENT.' AND ORDERING THE WORK AND ACQUISITIONS (Southwest Boulevard Improvement Project No. 1970 -4) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 7088 was waived and said resolution was adopted. A RESOLUTION OF AWARD OF CONTRACT (Southwest Boulevard` Improvement Project No. 1970 -4) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Rosolu- tion No. 70 -89 was waived and said resolution was adopted. Page -4- July 6, 1970 Resolution No. A RESOLUTION DESIGNATINr Go_LrTx(_ v1:a N �+-« �uvucil.wast 70'90 Boulevard Improvement Project No. 1970 -4) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 70 -90 was waived and said resolution was adopted. Resolution No. RESOLUTION ACCEPTING GRANT DEED (Southwest Blvd. Right _ of = 70 -91 way) Bond Counsel Assaf summarized the resolution. Upon motion cf Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 70 -91 was waived and said resolution was adopted. Project No. 1970 -4 City Manager Callinan advised it was necessary to obtain Grade Crossing permission from the P.U.C. to increase the width of South- west Boulevard grade crossing from 32 feet to 64 feet and that the railroad had indicated it would cooperate as long as the city paid for the cost of any additional protection required. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, staff was authorized to continue efforts for approval of a 64 foot grade crossing on Southwest Boulevard. Project No. 1970 -4 City Manager Callinan advised the Council it would be P.G.- & E. Installa- necessary to issue a purchase order to P.G. & E. for the tions necessary installations on Southwest Boulevard in accord- ance with a letter of July 6 from Mr. Hack Boyette of P.G. & E. and requested Council approval of such a purchase order. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, staff was °directed to issue a purchase order to P.G. & E. for necessary installa- tions and work on Southwest Boulevard in accordance with the July 6th letter from P.G. & E. Project 1969 -1A City Manager Callinan explained the proposed project and reported on a petition received for same. Resolution No. A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS (Southwest 70 -92 Boulevard Improvement Project No. 1969 -1A) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts and unanimously approved, Resolution No. 70 -92 was adopted. Page -5- July 6, 1970 Resolution No. A RESOLUTION DETERMINING TO UNDNR.TAKE PROCEEDINGS PURSUANT 70 -93 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 (Southwest Boulevard Improvement Project No. 1969 -1A) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts and unanimously approved, Resolution No. 70 -93 was adopted. Resolution No. A RESOLUTION AMENDING RESOLUTION NO. 69 -124 ENTITLED "A 70 -94 RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVE - MENTS" (Snyder Lane Street Improvement Project No. 1969 -1) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, Resolution No. 70 -94 was adopted. Project No. 1970 -6 City Manager Callinan reported that a request had been Cofego Dr. - Santa received to form an assessment district for Project 1970 -6, Alicia Drive but advised the Council that of the three property owners involved, two were in arrears on the taxes. Mr. Callinan also advised that he had talked with Bert Grant of North- ern California Developers Company who was opposed to the assessment proceedings. Mr. Paul Golis of Cofego :Enterprises and Mr. Victor Free- man of Western Hosts were present and participated in a discussion with the Council. It was decided to discuss Project 1970 -6 at the next regular Council meeting in order to allow time for Mr. Freeman and Mr. Golis to contact Northern California Developers Company. Proposed Ordinance City Manager Callinan read a proposed ordinance to regulate Regulating Keeping the keeping of poultry. He reported that notice of the of Poultry public hearing had been published and notices mailed to residents in the community interested in this problem. He He also advised that copies of the pertinent ordinances had been obtained from San Francisco and Los Angeles and said ordinances did allow carrier or homing pigeons sub - ject to certain conditions. Mayor Smith declared the scheduled public hearing open and asked for the names of those who wished to be heard. Mr. Walburn, 3715 Primrose, Santa Rosa, representing Mr. Hatcher, briefly summarized the Petaluma ordinance and spoke in support of homing pigeons being allowed in resi- dential areas. Mr. Cameron Craik9. 7739 Bernice Ct., spoke in support of homing pigeons, describing their training process and re- quested the Council to enact an ordinance which would allow Page -6- July 6, 1970 homing pigeons in residential areas. Mr. Robert Gaylex, 7657 Bonita Avenue spoke in opposition to pigeons being allowed and complained of droppings on the roof of his home which attracted flies. Mr. Guy MU.illirls, 7617 Bonita Avenue, spoke in opposition to pigeons being allowed and complained of not being able to use his yard, barbeque, etc. due to pigeon droppings. Mrs. James Harrison, 7668 Beverly Drive, spoke in support of pigeons. Mr. Everett Matcher, 7684 Beverly Drive, spoke in support of pigeons, stating he would be willing to control their hours of flight and shorten their flying time, if necessary, in order to work out something agreeable to all concerned. Mrs. Ruth Herold, 7684 Bonita, suggested perhaps a limit on the number of birds allowed and other compromise measures might be a solution. Mr. George Goring, 373 Burton, requested the Council to also enact some regulations controlling rabbits and other similar small animals. Mr. David Gallagher, 7751 Bonita, asked if pigeons carried diseases and if so, what they were. City Manager Callinan read a petition presented by Michael Mullins and signed by many residents which was in opposi- tion to the keeping of homing pigeons in residential areas. City staff was requested to obtain an opinion from the County Health Department regarding the possibility of pig- eons carrying disease. Mr. Craik suggested that perhaps he and Mr. Mullins meet with City Manager Callinan to draft a suitable ordinance regulating the keeping of poultry. Upon motion of Connoi.lma.n Ropars. -,Prondp(I by Onurni lmn.n Roberts, and unanimously approved, Mr. Craik, Mr. Mullins, and City Manager Callinan were appointed to draft an ordinance regulating the keeping of poultry. Councilman Rogers was requested by the Council to work with the com- mittee. Recess Mayor Smith declared the meeting recessed at this point , the time being approximately 9045 p.m. Reconvene Mayor Smith reconvened the meeting at approximately 10000 p.m. Page -7- July 6, 1970 Roeolution No. A RESOLUTION DIRECTING MAKING OF .AMENDED ASSESSMENT.RE 70 -95 CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 7 (Project No. 1956 -1 - Assessment No. 8.248.2) City Manager Callinan summarized the resolution, and advised that a public hearing will be held on August 3, 1970. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, Resolution No. 70 -95 was adopted. Resolution No. RESOLUTION DESIGNATING ,AUTHORIZING, AND APPROVING INSTALL - 70 -96 ATION OF STOP SIGNS City Manager Callinan summarized the resolution. Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, Resolution No. 70 -96 was adopted. Resolution No. RESOLUTION CONCERNING RATES AT GOLF COURSE 70 -97 City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, Resolution No. 70 -97 was adopted. Resolution No. RESOLUTION ACCEPTING GRANT DEED (Colegio Vista Park) 70 -98 City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, Resolution No. 70 -98 was adopted. City Manager Callinan xequested authority to make the necessary disbursement for the park and to purchase title insurance for the property. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, authorization was given to disburse the funds to purchase the park and title in- surance. Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROEVERT PARK RE- 70-99 JECTING CLAIM OF CALIFORNIA STATE AUTOMOBILE ASSOCIATION AS INSURERS FOR PAULINE P014MS City Attorney Maxwell summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, Resolution No. 70 -99 was adopted. Page -8- .July 6, 1970 Storer Cable TV City Manager Callinan read a letter from Paul Raymon of Storer Broadcasting Company concerning costs involved in originating programs in Rohnert Parka Councilmen Rogers and Buchanan asked that the record show that they abstained from discussion on this matter. Councilman Rogers left the Council chambers at this point in the meeting, the time being approximately 10:25 p.m. Mr. ?arilliam Schiller of Storer Cable TV was present to an- swer questions of the Council. Jim Bergen, 483 Alta Avenue, was recognized and offered to obtain information on costs involved, with the help of Mr. Don Kate of Rancho Cotate High School. Mr. Paul Golis was present and participated in the discussion which followed. The Council suggested that staff contact Mr. Don Kite of Rancho Cotate High School and seek his aid in possibly video taping City Council meetings. 1515 Act Assess- City Manager Callinan, advised of the delinquencies in 1915 ment Delinquencies Act Assessments and requested Council authorization to ad- vance $25,000 to the County Treasurer in order to meet July 2, 1970 payments.' Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, the loan of $25,000 to the County Treasurer was authorized in order to meet July 2, 1970 payments in the various Rohnert Park 1915 Act re- demption funds. City Animal Shelter City Manager Callinan reported on a petition received from residents in the apartment house adjacent to the animal shelter objecting to the noise of the animals. A brief discussion followed. Upon motion of Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, an expenditure of up to $250.00 to add a wall to the animal shelter was authorized. Golf Lake Estates City Manager Callinan advised that a deed for the Golf Park Lakes Estates Park had been recorded on July 2, 1970, and that the purchase price had been $750-00 per acre. Brewster Ames City Attorney Maxwell reported that there would be no legal Memorial implications if the Council should decide to authorize the donation of $100.00 from the Cultural Arts Commission bud- get to the Sonoma State College Student Emergency Loan Fund in memory of Brewster Ames. A brief discussion followed. Upon motion by CouncO�man Roberts, seconded by Councilman Hopkins, and approved by the following voice vote, Council approved the donation of $100 from the Cultural. Arts Commission budget to the Sonoma State College Student Emergency Loan Fund. Page -9° July 6, 1970 AYES: (3) Councilmen Hopkins, Roberts and Smith NOES: (1) Councilman Buchanan ABSENT: (1) Councilman Rogers Councilman Rogers Councilman Rogers returned to the Council Chambers at this Returns point, the time being 10 :45 p.m. Recreation Commission Upon inquiry, City Attorney Maxwell agreed to represent Members members of the Recreation Commission, if requested by the individual commissioners, at depositions for which they had been subpoenaed in connection with a libel suit involving the city officials and to include said services in his regular retainer. Upon motion by Councilman Hopkins, seconded by Councilman Roberts and unanimously approved, with Councilman Buchanan and Rogers abstaining, City Attorney Maxwell was authorized to represent the Recreation Commission members at their depositions. Paul Golis Request In response to an inquiry from Mayor Smith, Mr. Paul Golis for Time on Agenda was recognized and requested 15 minutes on the agenda of the next regular Council meeting in lieu of speaking now. Adjournment There being no further business, the meeting was adjourned at 10 :50 p.m. to 7 :00 p.m. July 7, 1970 . i� Deputy City�er. ✓_ APPROVED: Mayor