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1971/02/01 City Council MinutesROHIMT PARR CITY COUNCIL MINUTES February 19 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 Smith pre- siding. 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. Ron Call Present: (4) Councilmen Hopkins, Roberts, Rogers and Smith Absent: (1) Councilman Buchanan Staff Present: City Manager Callinan, Assistant to the City Manager Albright, Director of Parks & Recrea- tion Pekkain, Engineer Hudis, and City Attorney Maxwell Approval of Minutes Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the minutes o January 4, and 11 were approved as submitted and the minutes of January 18 were approved as submitted with Mayor Smith ab- staining due to his absence from said meeting. Approval of Bills Upon motion of Councilman Rogers, seconded by Councilmen Hopkins and unanimously approved, the bills presented to the Council per the attached list in the amount of $18,225.09 were approved as corrected with the deletion of the 50¢ item listed for Councilman Hopkins. 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. Area Planning Mayor Smith reported on a recent discussion with Nore Thiesfeld, Planning and Building Coordinator, Sonoma State College, concerning increased college participation in Rohnert Park planning. A brief discussion followed during which it was suggested that the Council meet with the new college president, Thomas H. McGrath, and appropriate repre- sentatives of the college in an effort to be more aware of their position in planning participation with the city and to discuss college planning with them. At Mayor Smith's request, City Manager Callinan read a letter from Nore Thiesfeld, Sonoma State College, to Mayor Smith dated January 28, 1971 regarding area planning. CATV Councilman Hopkins initiated a discussion concerning the proposed scheduled increase in Storer Cable TV's franchise fee. City Manager Callinan explained the provisions of the ordinance granting the franchise to Storer. Discussion followed. City Attorney Maxwell explained various legal points. Page ®2® February 1, 1971 Upon motion of Mayer Smith, seconded by Councilman Hopkins, and approved by the following roll call vote, the portion of the 10 increase in franchise fee normally passed onto the consumer was waived at this time and the Council was directed to enter into negotiations with Storer. ..+ +..,o %.,F/ vvu4c- .JAUWL4 "V.Vala.tc, xwuc.� U0 V MIJU k"J. utt NOES: (0) None ABSTAIN: �1) 1) Councilman Rogers ABSENT: Councilman Buchanan Executive Sessions Mayor Smith read a letter from Art Volkerts, Editor of the Press Democrat, concerning an alleged violation of the Brown Act when the Council met recently in executive ses- sion. Mayor Smith explained that work performance of de- partment heads was discussed in the executive session refer - red to and not salary recommendations as had been charged. City Attorney Maxwell gave his opinion that no violation existed, but advised he would check the Legislative Coun- sel's opinion on the matter. County Fairs Mayor Smith brought to the attention of the Council a letter received from Senator Collier soliciting support for opposition to consolidation of county fairs. Resolution No. 71 -09 RESOLUTION OF THE CITY COUNCIL OF ROHNER.T PARK OPPOSING THE ELIMINATION BY CONSOLIDATION (F THE SONOMA COUNTY FAIR Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolu- tion No. 71 -09 was waived and said resolution was adopted. Soccer Program Mr. Al Dawson appeared before? pthe/�Cyo�uncil to so�licit^appp�rov�- al for a $600 allocation to the Ro".ner t Park Boys Soccer program. He reported on the growth in the program, antici- pated growth for the coming season, and gave a brief recap of funds used for the program and past contributions from the city. Upon motion of Councilman Rogers, seconded by Councilman R.cbertS At1cl »r�a.ni mmiml y n:n- nvsmrAA _ the C!rn�„nni l endnrmnA the recommendation of the Recreation Commission and Epproved the request for $600 for the boys soccer program. Ordinance.No. 141 AN ORDINANCE AMENDING ORDINANCE NO. 126 (Amendment to Text of Food Handling Ordinance) City Manager Callinan summarized the ordinance. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and approved by the following roll call vote, Or- dinance NoQ.141 was adopted: Ordinance No. 142 Councilman Hopkins Leaves Page -3- February 1, 1971 AYES: (4) Councilmen Hopkins, Roberts, Rogers and Smith NOES: (0) None ABSENT: (1) Councilman Buchanan AN ORDINANCE AMENDING ORDINANCE N0. 63 (Zoning Nap -- Coddingland-- Mobile Home Park) City Manager Callinan summarized the ordinance. Councilman Rogers made a motion to adopt Ordinance No. 142 which was seconded by Councilman Roberts. Mayor Smith indicated he would vote no and that Councilman Hopkins would probably abstain and solicited an opinion from City Attorney Maxwell. Mr. Maxwell advised that three affirmative votes were necessary to adopt an ordinance. Councilman Rogers and Roberts withdrew their motion and second respectively, and requested that the matter be defer- red until the next meeting. Councilman Hopkins left the Council Chambers at this point in the meeting, the time being approximately 7 :48 p.m. Project 1969 -3, Councilman Rogers advised he had sold property in the area Avram Avenue and Santa of Project 1969 -3 and had received commissions, but would Alicia Drive participate in the discussion. Councilman Hopkins Councilman Hopkins returned to the Council Chambers at this Returns point in the meeting, the time being approximately 7050 p.m. Engineer Hudis verbally reported on the status of Project No. 1969 -3, Avram Avenue and Santa Alicia Drive and advised that the Final Progress Payment in the amount of $2,779.21 to A. Teichert & Son was in order. Upon motion of Councilman Roberts, seconded by Councilman Rogers, and unanimously approved, the Final Progress Pay- ment in the amount of $2,779.21* to A. Teichert & Son was approved. * (Subsequent audit of progress payment changed the amount from $2779.21 to $2726.21). Resolution No. 71 -10 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE OF COMPLETION ( Avram Avenue and Santa Alicia Drive Improvement Project 1969 -3) City Manager Callinan summarized the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolu- tion No. 71 -10 was waived and said resolution was adopted. Page -4- February 1, 1971 Project No. 1970 -d En&ina ®r Huth q vw"ha.l l v rprnr +t*A nn thA atn+„a nf l- wnig%t'+ Southwest Blvd. No. 1970 -4, Southwest Blvd. and advised that the Final Progress Payment in the amount of $940.64 to O.C. Jones & Sons was in order. Upon motion of Councilman Rogers, seconded by Counoilman Hopkins, and unanimously approved, the Final Progress Pay- ment in the amount of $940.64* to O.C. Jones & Sons was approved. *(Subsequent audit of progress payment changed the amount from $940.64 to $837.14). Resolution No. 71 -11 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING EFOrINEER TO FILE NOTjVE OF arr. awr.E OF COmPr.FTION (. Southwest Boulevard Improvement Project 1970 -4) 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 -11 was waived and said resolution was adopted. Project No. 1970 -7 City Manager Callinan verbally reported on the status of Waste Water Treatment Project No. 1970 -7, the Waste Water Treatment Plant and Plant advised that Progress Payment No. 6 in the amount of $35,368.18 to J.R. Peters Engineering Construction was in order. upon motion of Councilman Roberts, seconded by Councilman Rogers, and unanimously approved, Progress Payment No. 6 in the amount of $35,368.18 to J. R. Peters Engineering Construction was approved. File No. 0175 - Appl. City Manager Callinan reviewed past discussions concerning for Rezoning for an additional entrance road from Cotati and advised that Apartment Complex - a portion of the necessary easements had been provided for T. McDouall Enter. by the City of Cotati. prises County Planner Vail gave a verbal report on the appl7 ca- U.Lon f6r rezoning vty T. 1•iC DME-Aeall L' y� oCrFJrlFJew> f or z�n apNar u- ment complex, indicating no objections to the proposed development, but suggested the area between the proposed development and the existing commercial uses on Southwest Blvd. be buffered with dense landscaping. He further reported that if there was to be an additional entrance road from Cotati the logical place for it would be on the property line of the proposed development. He recommended approval of the application, subject to a reservation of 30 feet for half of the proposed entrance road in the recommended location, that landscaping between the apart- ment buildings be useable, such as lawns, and possibly providing another access road from Southwest Blvd. A lengthy discussion followed concerning the proposed Page -5- February 1, 1971 additional entrance road from Cotati as shown on the General Plan map. Mayor Smith polled the Councilmen on their posi- tion regarding said road. Councilmen Hopkins, Roberts, and Rogers indicated they were opposed to the additional entrance road. Mayor Smith indicated that in his opinion, better access between Cotati: and Rohnert Park is needed and made a motion to endorse in concept a future road originating in the City of Cotati between Poster's Freeze and the Hancock Service Station, curving through other property on South- west Blvd. owned by McDouall Enterprises and exiting onto Southwest Blvd. near the Mitchell Building. The motion died for lack of second. Mr. Pat Taylor, partner in T. McDouall Enterprises, was recognized and stated property for the road suggested by Mayor Smith could not be committed at this time and could not be donated since it was economically unfeasible. Mr. Paul Golis was recognized and spoke in support of widening the existing entrance road as the eventual solu- tion to the access problem. Mayor Smith declared the public hearing open on the rezon- ing application of T. McDouall Enterprises. City Manager Callinan read a letter from Sonoma County Water Agency expressing no opposition to the requested re- zoning and a letter from Nore Thiesfeld, Sonoma State College, expressing support for the proposed development and suggesting conditions. Mr. Pat Taylor was recognized again and reported that a FHA feasibility study had been made and the present plans for the apartment complex were satisfactory with that agency. He further stated that he was opposed to any access to Southwest Blvd. from the development. Mr. Norman Spivock was recognized and spoke in support of the rezoning. Mr. Maurice Fredericks was recognized and expressed support for the rezoning. Ordinance No. 143 ORDINANCE AMENDING ORDINANCE N0. 63, ZONING ORDINANCE (Zoning Map Change -- McDouall Enterprises). Upon motion of Councilman Rogers, seconded by Councilman Roberts, and approved by the following roll call vote, Ordinance No. 143 was introduced: AYES: (4) Councilmen Hopkins, Roberts, Rogers, and Smith NOES: (0) None ABSENT: (1) Councilman Buchanan Page -6- February 1, 1971 llionimoinn fnllnmarl ravxl.wrlinrn +ha f1i +n nl4n a9tihmi + +oA flr,rl additional access from Southwest Blvd. to the proposed apart- ment development. Mr. Norman Spivock, Pat Taylor, and Paul Golis expressed opposition to any access from Southwest Blvd. Mr. Pat Taylor requested approval of the site plan as sub- mitted. Councilman Roberts made a motion to consider the site plan at tonight's meeting. Said motion was seconded by Council - man Rogers. County Planner Vail and City Manager Callinan expressed a need for more time to thoroughly consider all nha. of the site nl a.n_ The motion on died fnr 1 a.nlc of action. Councilman Rogers made a motion to approve the access as submitted on the site plan. The motion died for lack of a second. Mayor Smith ruled that the site plan approval and adoption of Ordinance No. 143 would be sheduled on the agenda for the next regular meeting. File 0177 w- North Bay County Planner Vail reported verbally on the variance appli- Tractor Appl. for cation of North Bay Tractor for the signs being requested Sign Variance at 5100 for the new building under construction at 5100 Commerce Commerce Blvd. Boulevard and recommended approval of the building sign requested, but perhaps with a lesser amount of square feet. He gave no recommendation concerning the free standing sign requested since no plans for same were submitted. Mr. Jim Groom was recognized and spoke in support of the application and of the free standing sign requested. Mr. Clarence Branscomb of North Bay Tractor, appeared and discussed the application with the Council and verbally described the free standing sign. Cil TT_ tif 'yon mo V1.VYl V L VVU11V 1.111 all OVC01lll.Ol1 N'y VVU13V11i1iG414 Rogers, and unanimously approved, the Council made the necessary findings and approved the request of North Bay Tractor for a sign variance as to the building sign as submitted,but deferred action on the free standing sign until drawings of same were available. File No. 0162 City Manager Callinan reviewed the application of Jack Ablesol Restaur- Halprin, operator of Ablesol Restaurant, for sign variance ant Appl. for at the Family Annex on E. Cotati Avenue. Mr. Halprin sign Variance appeared and "discussed the sign and its proposed location with the Council. Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the application for sign variance of Mr. Halprin was—approved for a period of 120 days with it to be reviewed at that time. Page -7- February 19 1971 Former Councilman Former Councilman Dale Foust was recognized by Mayor Foust Smith and welcomed as a visitor. Report on Golden Gate County Planner Vail supplied copies of a Sonoma County Bridge District meet- Planning Department report on the Golden Gate Bridge ing District proposed transit system. Recess Reconvene Annexation No. 7 Master Plan for Area Discussion on the matter was deferred to a later meeting. Mayor Smith declared the meeting recessed at this point, the time being approximately 9 :30 p.m. Mayor Smith reconvened the meeting at approximately 9 :38 p.m. City Manager Callinan reviewed past action on Annexation No. 7. Mr. Van Logan, Land Investors Research, appeared and pre- sented a proposed master plan for the area of Annexation No. 7 and a site plan for a portion of the mobile home park for students included in the master plan. Mr. Logan requested comments from the Council regarding the general phiosophy of the plan and the student mobile home park concept included in the plan. Discussion followed concerning the plan and also college site planning. Mr. Kent Nelson, 7312 Belita, and Lou Beary, 810 Bernice, were recognized and participated in the discussion. It was decided that the master plan would be referred to the County planning staff and the college for review and comment. Proposal for Police City Manager Callinan reviewed the request from the City Service in Cotati of Cotati to provide police service and his report concern- ing same and recommended that the Council offer the propos4LI to the City of Cotati. Discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and approved by the following voice vote, staff was authorized to transmit copies of City Manager Callinan's report concerning providing police service to the City of Cotati for their consideration. AYES: (3) Hopkins,.Rogerse Smith NOES: (1) Roberts ABSENT: (1) Buchanan Page rR_ February 1, 1971 W- 4 -cam i.r�4 ­ M —a.4., —4- r; -". M.�„n.� ron— r-11 4,nn,.. 1..�...,, -A.d- 4-- .6.L... -4.4 ..,..�1.s..... ...P .1.7.... Mo. ..,. .v cur�VC fr..mVO.L ii'GWwwL LAV v.L.U� a' +e4LLQ of vW#J6Ldd3GbLA W.LV"JJ5AIV UV VLAG G.UV®LLV.LVLA V1 VLLG- U{ALA'® Plant Operator oil the hiring of Allan Geranen as the Ikste Water Treat- ment Plant Operator and advised that part of his salary will bepaid from the federal grant for Project 1970 --7. Auto Allowance for City Manager Callinan reviewed his memo dated January 29th, Public Safety Direc- regarding police vehicles and an auto allowance for the for Director of Public Safety. A lengthy discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Rogers, and unanimously approved, sale of the damaged P1vmmi+h nnl i np vahi nl a -kn Arma Ani:n Wrpr.'lrar9 n wn.m n.nnrnvac7._ Unon motion of Cnunei.lmpn Hnnkinp- pecondpil by Cminei_lman Rogers, and approved by the following vol dote, a„ auto allowance for the Director of Public Safety was approved as outlined in Mr. Callinan's memos AYES: (3) Councilman Hopkins, Roberts, Rogers NOES: (1) CouncilmanSmith ABSENT: (1) Councilman Buchanan Mayor Smith stated for the record that he had seen nothing to show it was cheaper for the taxpayers of Rohnert Park to use this method to provide police vehicles. Courn ilman Roberts stated for the record that he wanted to commend City Manager Callinan on the thoroughness of his memo and that all his objections had been removed due to the facts cited in the memo. Resolution No. 71 -12 RESOLUTION ESTABLISHING HOLIDAYS FOR CITY OFFICES AND EMPLOYEES City Attorney Maxwell and City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, Resolution: No. 71 -12 adopted J_ _ 1 1.. 1 1 LY _ Was adopted by Ti�ta ✓lee Procedure for Removal City Attorney Maxwell reviewed a letter from his office from Hospital District dated January 29, 1971 explaining the steps necessary to withdraw Rohnert Park from the Petaluma Hospital District. City Manager Callinan brought to the attention of the Coun- cil that an invitation had been issued by the Petaluma Hospital District Board of Trustees for a joint luncheon meeting with the Council on February 22, 1971, to be hosted at Hillerest Hospital. Staff was directed to make the necessary arrangements. Western Hosts Sub - Mayor Smith brought to the attention of the Council that divisbn Agreement - the Subdivision Agreement for Western Hosts' Deer Meadow CATV Village, Unit 1, had been forwarded to him for signature, Page -9- February 1, 1971 but he did not want to sign it due to a paragraph regarding TV antennas being prohibited. He reported that he had been advised that Storer Cable TV was not delivering a strong enough signal for adequate delivery of stereo FK and that he would be contacting the Storer Cable TV main office in Florida regarding the problem. City Manager Callinan noted that-he prohibition of TV an- tennas was a condition of the tentative map for the sub- division and was included in the 8ovenants, Conditions and Restrictions for the subdivision and was not in the Sub- division Agreement. He advised that the subdivider's didn't need city approval to include the restriction in the t°C,C & R's" but that the City Council could wave the requirement placed on the tentative map concerning TV antennas. Mayor Smith stated for the record he was opposed to the condition concerning prohibition of TV antennas when the CATV signal is not satisfactory. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved with Councilman Rogers abstaining, the tentative map condition regarding prohibi- tion of TV antennas in Deer Meadow Village Subdivision Unit 1, without city approval,.was waived. Adjournment There being no further business, the meeting was adjourned at approximately 10°45 p.m. Deputy C ty Cl R U"