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1975/05/19 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES May 19, 1975 Executive Session Mayor Hopkins announced that no action had been taken in the Report Executive Session. 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. Alicia Park Councilman Eck initiated a discussion with regard to the .,Tennis Courts letter from Mr'. Robert Ryan concerning the surface of the tennis courts in Alicia Parke City Engineer Brust stated he had contacted the contractor and that he, the contractor and.Project Engineer Gilligan would inspect the tennis courts on May 20. Councilman Eck asked that a report be made back to the Council at the next meeting. The Council of the City of Rohnert Park met this date in regui.ar session commencing at 7:15 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park „” with Mayor Hopkins' —presiding. The regular session was preceded by an executive session which commenced at 7:00 p.m. and at which all Councilmen and City Manager Callinan were present, and which was held to discuss litigation and personnel matters. Call to Order., Mayor Hopkins called the meeting of the regular session to order at approximately 7:15 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Beary, Eck, Flores, Smith and Hopkins Absent: (0) None Staff present for all'or' part of the meeting: City Manager Callinan' City Attorney Flitner, City Enginee -r Brust. Approval of Minutes Upon 'motion of Councilman Eck, seconded by Councilman Smith, and unanimously approved, the minutes of May 5th were approved as submitted. Approval of Bills Upon motion of Councilman Flores, seconded by Councilman Smith; and unani mously approved, the bills presented per _ :the attached 1 -ist in the amount of $214,501.41 were approved. Said total includes $100.00 for Rohnert Park Civic Commission. Executive Session Mayor Hopkins announced that no action had been taken in the Report Executive Session. 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. Alicia Park Councilman Eck initiated a discussion with regard to the .,Tennis Courts letter from Mr'. Robert Ryan concerning the surface of the tennis courts in Alicia Parke City Engineer Brust stated he had contacted the contractor and that he, the contractor and.Project Engineer Gilligan would inspect the tennis courts on May 20. Councilman Eck asked that a report be made back to the Council at the next meeting. page 2 May 19, 1975 File 0235, Proposed City Manager Callinan stated that although this subject had Abandonment.of Public been scheduled for later in the meeting, Mrs. Kathryn Land and Fencing and Collins, 828 Lilac Way, was present and had asked to Landscaping Easement speak at this time since she would be unable to appear in Area South of later. East Cotati Ave. from Lancaster Drive to Mayor Hopkins declared the.publtc hearing open on File Northwestern Pacific 0235. Mrs. Collins referred to the current problems regard - Railroad ing the bike path adjacent to Lilac Way and reviewed with the Council her previous appearance asking that barriers be /. erected to close off this bike path area. Mrs. Collins indicated she had attended the Planning Commission hearing on the proposed abandonment of the bike path and disagreed with their decision. She strongly urged the Council to abandon the bike path and had some suggestions as to other methods of utilizing the property. She stated her primary interest was in the protection of her property. Mayor Hopkins adjourned the public hearing to the scheduled time on the agenda. Weed Abatement City Manager Callinan explained the proposed resolution and referred -,his memo of May 15 which sets forth the ,.:to authority -given the City under -the proposed resolution to enter private property for the purpose of removing weeds. Mr. Callinan advised that notice of public hearing had been ipublished in the local newspaper and mailed to affected property,owners in the City. Mayor Hopkins declared the scheduled public hearing open on Notices to Destroy Weeds. City ,Manager Callinan read a letter from Mrs. Iona Sime wherein she asked that the City mow the weeds on her property. JJr. Ron Rathmann, 540 Lydia Ct., was present and recognized by the Council. Mr. Rathmann stated that he had not received the notice while other residents in his area had received same. Mr.. Callinan explained that generally notices were sent only to those who had a weed problem on their property. Mr. Arthur;Smith,:,543 Lydia Ct.So.., was present and stated that he had received a notice and that the wording appeared to indicate to him that he would be responsible for weeds not only on his own property but elsewhere surrounding his property. Mr. Smith was assured that that was not the case and Council suggested that the notice be checked to see that i:tdid not confuse residents as to their responsi- bility for weed abatement. There being no other person desiring to speak and no other correspondence received, Mayor Hopkins declared the public hearing closed. Page 3 May 19, 1975 Resolution 75 --111 RESOLUTION ORDERING CITY.MANAGER OF THE CITY OF ROHNERT PARK TO ABATE` NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK City Manager Callinan explained the resolution. Upon 'motion of Councilman Beary, seconded by Councilman Smithy and unanimously approved, the reading: of Resolution 75 °111 liras waived and said resolution was adopted. Resolution 75 -111, A RESOLUTION OF THE CITY 0F' 'ROHNERT PARK AUTHORIZING THE MAYOR OF THE CITY OF'ROHNERT PARK TO EXECUTE THE WITHIN INSTRUPIENT FOR AND ON BEHALF OF THE CITY OF ROHNERT PARK (Agreement Between Sonoma County Junior College District and the'Cty of Rohnert Park - College Work Study Program) City-Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved,.the reading of Resolution 75 -112 was waived and said resolution was adopted. Resolution 75 --113 APPROVING AGREEMENT WITH COUNTY OF SONOMA FOR COMPUTER SERVICES City Manager Callinan - explained the resolution. Upon motion of-Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75 -113 was waived and said resolution was adopted. Resolution 75-114 RESOLUTION OF THE CITY OF ROHNERT PAPrr AUTHORIZING FILING OF GRANT`APPLICATION UNDER THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 '(Mobile Dictating System) City Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75 -w114 was waived and said resolution was adopted. Resolution. 75-115 RESOLUTION COM14ENDING CLEMENT E. FALBO City Manager'Callinan' explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75 --115 was waived and said resolution was adopted. Resolution 75-116 RESOLUTION APPROVING FIRE PROTECTION MUTUAL A;'D AGREEMENT City Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75-116 was waived and said resolution was adopted. Page 4 May 19, 1975 Resolution 75 -117 A RESOLUTION DIRECTING MAKING OF MIENDED ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 7, PROJECT NO. 1956 -1. ASSESSMENT NOS. 6.9.4.1 and 7. Resolution 75 -11$ Resolution 75 -119 City Manager Callinan explained the resolution".-; Upon motion of,Ceuncilman Smith, seconded by Councilman` Flores, "and unanimously approved, the reading -. "Resolution o:f 75 -117 was waived and said resolution was adopted. A RESOLUTION RESCINDING RESOLUTION NOS. 73-60.and 73 -75 CONCERNING ESTABLISHING PLANNING AND ZONING, SUBDIVISION AND RELATED MATTERS FEES City,Manager Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75 -118 was waived and said resolution was adopted. RESOLUTION OF THE CITY OF ROHNERT PARK ESTABLISHING RATES AND CHARGES FOR SEWAGE DISPOSAL SERVICE AND PROVIDING PROCEDURES FOR COLLECTION. City Manager Callinan explained the resolution. Upon motion .of - Councilman Smith, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75 -119 was waived and said resolution was adopted. Resolution 75 -120 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE - NQTICE -OF- COMPLETION COMMERCE BLVD. AND SOUTHWEST BLVD. "OVERLAY, PROJECT NO. 1974 -16. City Manager-Callinan explained the resolution.. Upon motion of Councilman Smith, seconded by Councilman Flores," and unanimously approved, the reading of Resolution 75 -120 was waived and said resolution was adopted. Ordinance 296 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING ORDINANCE NO. 63 TO REZONE CERTAIN PARCELS FROM "R11- 2000 -PD" to "R1. 6500 -PD" DISTRICT (File No. 0254C -m Condiotti Enterprises.) City Manager Callinan explained Ordinance 296. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved by the following roll call vote, the reading of Ordinance 296 was waived and said ordinance was adopted. AYES: (5) Councilmen Beary, Eck, Flores, Smith and Hopkins NOES: (0) None Page 5 May 19, 1975 Project No. 1974-13, City Manager Callinan gave the staff report on this project Camino Colegio ,Improve- and pointed out `the Camino Colegio improvement area on ment Project plans displayed. He also pointed out to the Council the City Engineer's assessment diagram on display. Mr. Callinan reviewed the construction bids with the Council stating they were much higher than had been anticipated and since the construction bids were so high opening of the bids on theborids:, which had been scheduled for May 19th, had been cancelled. Present in the chamber to answer questions for the Council were Mr. John Joslyn of Qantas Development•borporation, property owner, Ifilt Hudis, Project Engineer, Bond Counsel Philip Assaf from the firm of Wilson, Jones, Morton and Lynch�'I.aiid City Engineer Brust. City Manager Callinan advised that notice of the public hearing had been published in the local newspaper and mailed to Property owners in the,area , nf the assessment district. Mayor Hopkins declared open the scheduled public hearing on the Engineer's Report on Project 197413, Camino Colegio Improvement-Project. Mr. Milt Hudis spoke briefly on the Engineer's Report and the spread of assessments in accordance with benefit, and on the high construction bids indicating that some duct work had *not been listed in the Engineer's Report but had been-included in the call for bids. However, he stated that even excluding the duct cost that the lowest estimate was still higher than anticipated. City Manager Callinan read a letter dated May 19, 1975 from Qantas Development Corporation, signed by Mr. John Joslyn, setting forth certain agreements in connection with the project, i. e. agreeing to install certain sidewalks and duct work as part of the Llano Subdivision, Unit No. 2 improvements. There being no other person desiring to speak and no other correspondence received, 'Mayor Hopkins declared the public hearing closed. Resolution 75-121 RESOLUTIO14 ACC .", NG GRANT DEED (Camino Colegio Right of Way). citY-:-.I:Idt),ig-c�t.:,Callinan explained that this resolution was adcoting deed of right of way from Kirsten and Olaf Gross; W....aiid Shirley Harris. Upon motion of Council�an Beary, seconded by Councilman .:Flores, and unanimously Approved, the reading of Resolution 75-121 was waived and said resolution was adopted. Resolution'75 -122 Resolution 75 -123 Page 6 May 19, 1975 RESOLUTION ACCEPTING GRANT DEED (Camino Colegio Right of Way) City Manager Callinan explained that this resolution was accepting deed of right of way from Pollard and Lindorf. Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75 -122 was waived, and said resolution was adopted. RESOLUTION ACCEPTING GRANT DEED (Camino Colegio Right of Way) City Manager Callinan explained that this resolution was accepting deed of right of way from Qantas Development Corporation. Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, the reading of Resolution 75 -123 was waived, and said resolution was adopted. Resolution 75 -124 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 75 -65 CAMINO COLEGIO, IMPROVEMENT PROJECT NO. 1974 -13. Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved,;the reading of Resolution 75 -124 was waived, and said resolution was adopted. Resolution 75 -125 A RESOLUTION RESCINDING RESOLUTION NO. 75 -71, CAMINO COLEGIO, IMPROVFT4ENT PROJECT NO. 1974 -13. Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 75 -125 was waived, and said resolution was adopted. Resolution 75 426 A RESOLUTION DELETING CERTAIN WORK AND IMPROVEMENTS, CAMINO COLEGIO, IMPROVEMENT PROJECT NO. 1974 -13. Bond Counsel Assaf'.explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved., the reading of Resolution 75 -126 was waived, and said resolution was adopted. Resolution 75 -127 A RESOLUTION AND ORDER ADOPTING ENGINEER "S REPORT, CONFIRM ING THE ASSESS14ENT AND ORDERING THE WORK AND ACQUISITIONS. CAMINO COLEGIO, IMPROVEMENT PROJECT NO. 1974 -13. Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 75 -127 was waived, and said resolution was adopted. Page 7 May 19, 1975 Resolution-75-128 A RESOLUTION OF AWARD OF CONTRACT, CAMINO COLEGIO, IMPROVE - MENT PROJECT NO. 1974 --13. Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores seconded by Councilman Beary, and unanimously approved, the reading of Resolution 75 -128 was waived and said resolution was adopted. Resolution 75-129 A RESOLUTION DESIGNATING COLLECTION OFFICER, CAMINO COLEGIO, IMPROVEMENT PROJECT NO. 1974 -13e Bond Counsel Assaf explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 75 -129 was waived and said resolution was adopted. Resolution 75 -130 A RFCOLTJTTOAT prA7ApnIn.0 SALE OF BOxdDS, CA:"aINO COLEGI. ^,, IMPROVEMENT PRO.iECT' NOa 1974=13 Bond Counsel Assaf explained the resolution. City.Manager Callinan` explained the negotiated bond bid received from San Francisco Securities. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the reading of Resolution 75°130 was waived and said resolution was adopted. Project 1975 -2 City Manager Callinan, referring to his memo of May 15th, Santa Alicia Drive explained that this pr o j e ct would extend Santa aa icia Drive Improvement Project eastward to the vicinity of.the Alicia Park Tennis Court. Mr. Callinan further referred to the City Engineer's report and copies of the construction bid summaries, both of which had been,presented to the Council. City Manager Callinan stated that in this instance again construction bids had cote'in considerably higher than anticipated, hence the call for bids for the bonds had been cancelled. fie advised the Council that the City °s share of the 'cost for this project will come from funds provided in the City's 1974 -75 budget either Gas Tax Funds or Transportation Development' Act Funds. Mr. Callinan advised that notice of -the public hearing had been published in the local newspaper and mailed to property owners in the area of the assessment district. Mayor.Hopkins declared open the scheduled public hearing on Engineer's Report, Project 19752, Santa Alicia Drive Improvement Project. Discussion followed with the Council, City Manager Callinan, City Engineer Brust and Bond Counsel Assaf participating. Mr. Milt Hudis:, Consulting Engineer, spoke briefly and further clarified the:project for the Council. Page 8 May 19, 1975 There being,no person desiring to speak, and no corres- pondence received, Mayor Hopkins declared the public .hearing closed. Discussion followed with the Council, Mr. Assaf and City Manager..Callinan participating. Resolution 75 -131 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 75 -.74, SANTA . ALICIA DRIVE IMPROVEMENT PROJECT NO. 1975 -2. Bond Counsel Assaf explained the resolution. Upon motion of Councilman.Beary, seconded by Councilman Smith, and unanimously approved, the reading of Resolution 75 --131 was waived and said resolution was adopted. Resolution 75 -132 A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS, SANTA ALICIA DRIVE Il�1PROVEMENT, PROJECT NO. 1975 -2. Bond,.Counsel Assaf explained the resolution. Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, the reading of Resolution 75 -132 was waived and said resolution was adopted. Resolution 75 -133 A RESOLUTION RESCINDING RESOLUTION NO. 75 -80, SANTA ALICIA DRIVE IMPROVEMENT, PROJECT NO. 1975 -2. Bond Counsel Assaf explained the resolution. Project 1975 --6 Alicia Park Parking "lots Resolution 75 -134 Upon motion of Councilman Beary, seconded'by Councilman Smith, and unanimously approved, the reading of Resolution 75 --133 was waived and said resolution was adopted. City Manager Callinan gave a staff report, referring to plans on display on the two parking lots, one to the north of Alicia Park and one to the east of the tennis courts. He reviewed the construction bid summaries with the Council. Mr. John Gilligan of Murray - McCormick Environmental Group was present and recognized by the Council. He commented briefly regarding landscaping of the parking lots. Discussion followed with Councilman Smith and Councilman Flores expressing some concern that there be sufficient landscaping to break up the large expanse of asphalt. PARKING LOTS IN ALICIA.PARK, PROJECT NO. 1975 -6, A RESOLUTION OF AWARD OF CONTRACT. City Manager. Callinan explained the resolution. Upon motion of Councilman Smith, seconded by Councilman Eck., and unanimously approved, the reading of Resolution No. 75- •134 was waived and said resolution adopted (awarding a contract to Ghilotti Bros, Inc. for Alternate A, for Project 1975 -6, Alicia Park Parking Lots.) Page 9 May 19, 1975 Councilman Eck made a motion, seconded by Councilman Smithy and unanimously approved to.amend_to direct staff to increase the landscaping in the parking lots and consult with the Park and Recreation Commission on the matter. Project 1973 -2, City Manager Callinan,`referring to his memo of May 15th, Laguna Plant advised that bids had been opened on this project Wednesday, Interceptor May 14th, and that the low bid of $557,683°30 was from Valley Engineers, Inc. ` He further stated that this project was on'the agenda at this time for review only, since all bids have to be approved by the State Water Quality Control- and the Federal Environmental Protection Agency and authority from these agencies given'to the city before award can be made. Mr. Callinan stated this matter will be returned to the Council in late June. Project- 1975 -4 City Manager Callinan advised the Council that staff was not Enterprise Blvd. prepared at this time to present this project and asked and Hunter that 'Pri je'ct 1975 -4,- Enterprise` Blvd. and Hunter Drive. be Drive deferred until the next meeting. File 0235, Proposed City Manager Callinan reviewed with the Council the Abandonment of proposed abandonment of the land and fencing and landscape Public Land and 'easement adjacent to Lilac Way from Lancaster Drive to the Fencing and Land- railroad right"of way which is used for a bike path. He scaping Easement reviewed the Council's previous action of having barriers in Area South of placed at the end of'the bike path in order to seal it off, East Cotati Ave. He referred to the-Planning Commission's recommendation that from 1ancaster Drive the bicycle 'path be developed as originally proposed. to Northwestern Pacific Railroad Mr. Callinan advised that notice of the public hearing had been published in the local newspaper and mailed to property owners` in the area. Mayor Hopkins declared open the scheduled public hearing on File 0235, Proposed Abandonment_,of Bike Path adjacent to Lilac Clay from Lancaster Drive to the railroad right of way. City Manager Callinan read a letter from Mrs. A. Offer of 578 Lamont Cto., asking that abandonment of bike paths bey.: deferred for five year6,or put to a`vote of the people. Mrs. Offer was present and recognized by the Council and she reaffirmed her position as set forth in her letter. Mr. Sam Krieger, 586 Lamont Court was recognized and stated that there had been some improvement.since the barriers had been put up. `He still felt,. however, that the best solution was to abandon the bike path area. Mrs.Lynn Sloan, 810 Lilac Way, spoke briefly indicating that the barrier had been broken through and there was still vandalism, and she felt the path should be abandoned. Mrs. Diane Gaab, 806 Lilac Way, stated she was the resident whose fence had been broken° She further stated that the City had never maintained the bike path, and consequently she would like to see it abandoned. Page 10 May 19, 1975 Mr. Ron Bowen, 573 Lamont;Ct,, stated that those in favor of abandoning the bike path had spoke:.of vandalism. Mr. Bowen indicated,;this was a problem that was'wide spread, not confined to the bike path area. He felt that this area was on the Holiday Park,map and felt it should be developed as designed, namely as a bike path. Mrs. Arlene Baggs, 581 Lorraine Ct., spoke in favor of abandoning the,bike path, since she felt it was a hazard from.,the standpoint of children climbing over and along the fence. She indicated .that should the City not want to develop the land that the homeowners might want to do some- thing with it. Mrs. Mary Stewart, 578 Lorraine Ct.'commented that when she purchased her residence she was impressed with the prospect of being in an area of. bike paths._ She acknowledged that the present condition is very bad and stated that she felt an immediate solution either to abandon or develop should be taken. Mr. Barry Devine, 569 Lamont Ct., concurred with others in that the current condition of the bike path is a public nuisance. He stated he felt the `bike path should be developed, but in such a manner as to prevent motor bikes and motor scooters from entering.''' There being no other person desiring to speak., and no other correspondence received, Mayor Hopkins declared the public hearing closed. Discussion followed with the Council, City Manager Callinan, City Engineer Brust and City Attorney Flitner discussing the problem,_,the easement involved and the options available should the bike path be abandoned. Mr. Callinan suggested that perhaps quit claim deeds on the land should be offered first to Holiday Park residents (giving them the first right of refusal) to acquire the additional piece of land. Resolution 75 -135 A RESOLUTION OF.THE'CITY OF ROHNERT PARK ABANDONING AND VACATING A FENCING AND LANDSCAPE EASEMENT UTILIZED FOR A BICYCLE PATH EXTENDING FROM LANCASTER DRIVE TO THE PLAY - GROUND RECREATION AREA ADJACENT TO NORTHWESTERN PACIFIC RAILROAD. City Manager Callinan read and explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Beary, and approved by the following roll call vote, Resolution 75- 135,was approved as read. AYES: (4) Councilmen Beary, Eck, Flores and Hopkins NOES: (1) Councilman Smith Page 11 May 19, 1975 Councilman Smith asked that the record show that he did not oppose abandoning the bike path, but that he felt some nominal ,;fee should be assessed those residents acquiring the extra land and placed 'in a special fund for improvement of recreational services to the Holiday Park subdivision. Councilman Smith made a motion, seconded by Councilman Eck, that those homeowners given land from the bike path area be assessed a nominal fee to be placed in a special fund to be used for the improvement of the total recreational services of the Holiday Park subdivision residents. Councilman Smith's motion was approved by the following voice vote: AYES: (3) Councilman Eck, Smith and Hopkins NOES: (2) Councilman Bearer and Flores Pile 0407; Proposed City Manager Call inan referrint, g to his moms o f May 1 5th .. May Amendment to.Zoning: explained the proposed amendment.to the Zoning Ordinance Ordinance to Establish which would create a design review board. He stated copies a Design Review of the proposed ordinance,,.the Planning Commission's Board Resolution recommending the Council deny the proposed ordinance, and other information related to the matter had been presented to members of the Council. Mr. Callinan stated that notice of the scheduled public hearing had been published in.the� local newspaper. . Mayor Hopkins declared open the scheduled public hearing on File 0407, Proposed Amendment.to Zoning Ordinance to Establish a Design Review Board. Mr. Stan Smith, a representative of the Board of the Construction Industry Association of Sonoma County, was -present and recognized and indicated the Board's position as not being in favor of Rohnert Park setting up a design review board. He stated that the City of Santa Rosa had just completed a rather costly study on this subject and though not yet released that their findings indicated that such a design review board was not desirable. Mr. John Gilligan of Murray-McCormick Environmental Group spoke briefly in opposition to a design review board saying that he felt it would slow down the administrative 'process and simply add another layer of government with. .,which to deal.- There being no other person desiring to speak and no correspondence received, Mayor Hopkins declared the public hearing closed. Councilman Smith made a motion, . seconded by Councilman Eck, to table the proposal to ';establish a design review board and that the Council:'M evelop a time schedule to set up a pry A/ goal to appoint within.60.days additional appointees to the Planning Commission to meet the qualifications of a design review board. Page 12 May 19, 1975 Discussion followed.concerning Councilman Smith's motion. Councilman Beary called for the question, which was seconded by Councilman Flores.. The call for the question was approved unanimously. Councilman Smith's motion, seconded by Councilman Eck, failed by the following roll call vote: AYES: (2) Councilmen Eck and Smith NOES: (3) Councilmen Beary, Flores and Hopkins Councilman Flores made a motion to negate the concept of a design review board and reaffirm the present policies of the Planning Commission and City Council as being sufficient. Councilman Beary seconded the motion of Councilman Flores and the motion,was approved by the following roll call vote: AYES: (3) Councilmen Beary, Flores and Hopkins NOES: (2) Councilmen Eck and Smith File 0244, Gross & City Manager Callinan referring.to his May 15th memo explainer. Palmer, Parcel Map Parcel Map 13 and.the Council's decision at the last meeting No..13 in Country to review all .Parcel Maps. A letter from Palmer & Gross Club Garden Estates concerning recreation improvements was discussed. Councilman Subdivision Smith commented that ghat at this time he did not feel it would be justified to ask the builders to develop a pool with the first 12 units. Discussion followed with all Councilmen participating., Recess Reconvene Gene's Ice Cream Truck Councilman Smith made a motion, seconded by Councilman Beary, to approve Parcel Map No. 13 in Country Club Garden Estates Subdivision,'subject to Palmer and Gross proceeding with the agreements as outlined in their letter of May 14, 1975, and subject. to item (b) in City Manager Callinan's letter of May 12, 1975 to Messrs. Palmer and Gross. Councilman Smith's motion was approved by the following roll call vote: AYES: (4) Councilmen Beary, Flores, Smith and Hopkins NOES: (1) Councilman Eck Mayor.Hopkins declared a recess at this point in the meeting the time being approximately 9:35 p.m. Mayor Hopkins reconvened the meeting at approximately 9:50 p.m. < City Manager Callinan introduced Mr. Gene Hash to the Council stating Mr. Hash wished to petition the Council's consent to operate his ice cream truck in Rohnert Park. Mr. Callinan reviewed the noise ordinance regulation pro- hibiting "vehicles from making any noise in residential areas, i.e., bells, music, horns, etc. Page 13 May 199 1975 ;Mr. Hash.spoke to the.Council 'and suggested that the City. franchise his business "thereby allowing only one music type ice cream truck to operate or raise the business license fee to discourage, other operators. The Council queried City Attorney Flitner regarding franchises. Mr. Flitner advised that he didn't think this was the type of business subject to franchising and that the purpose of business licensing is to raise revenue not to regulate businesses.. Discussion followed with the Council,,City Manager Callinan and Mr. Hash participating. It was suggested that the City allow.Mr..Hash to,operate„ for 30 days and then judge the reaction of the residents, perhaps by posting a ,public hearing on this matter,. Councilman Beary made a'motion; seconded by Councilman Flores to waive the noise ordinance for a period of 30 days and :,then hold a public hearing for reaction from the residents of the City., and if feasible to then amend the ` ordinance -,to. establish a decibel limit on musical vehicles. At this point City Attorney Flitner advised the Council that an ordinance can not be simply waived by the Council but that it has. to be amended. Thus no action was taken on the motion. The Council requested staff to prepare an appropriate amend - ment to the noise ordinance to permit ice cream trucks to make noise and place it on the agenda for consideration at the next 'meeting. Installation of City.jlapager Callinan, referring to his memo of May 15th, Flashing signal at sta.ted,.the City had 'received quotes for installation of an Country Club Drive overhead.flashing ligIht that would..be hung by a wire over and Expressway the Rohnert Park.Expressway. and Country Club Drive inter- section. Councilman Flores initiated a discussion stating he felt the alternative of flashing lights installed down.Expressway as previously requested by the Council would be a.`better solution. Discussion followed with the Council, Mr. Callinan and City Engineer Brust participating. Councilman Beary felt that within a short time this area would require signalization and asked.,about the cost of same. Mr. Brust opined that it would probably be close to $50,000. Further discussion s followed with the Councilmen participating. Upon motion of Councilman Flores, seconded by Mayor Hopkins, and approved by the following roll call vote, Council approved and directed staff to expend the monies necessary to install flashing lights down the Expressway. AYES: (3) Councilmen Beary,..Flores and Hopkins NOES: (2) Councilmen Eck and Smith ,Page 14 May 19, 1975 Amendment to Agreement `City Manager Callinan, referring to his memo to the Council for Water Supply and 'of May 15th, discussed the changes being made to the present Construction of agreement. Mr. Richard Norton, Sonoma County Water Agency Russian River - Asst. Chief Engineer, was present and introduced to the Cotati Intertie Council by Mr. Callinan. Mr. Norton went over the changes Project in the agreement and explained them to the Council. He assured the Council that the City should have no problem in obtaining surplus water for replenishment of our ground water basin should it be required. Resolution 75 -136 RESOLUTION APPROVING AMENDMENT TO AGREEMENT FOR WATER SUPPLY AND CONSTRUCTION OF RUSSIAN RIVER- COTATI INTERTIE PROJECT City Manager Callinan explained the resolution. Upon motion of Councilman Eck, seconded by Councilman Smith, and unanimously approved, reading of Resolution 75 -136 was waived and said resolution was adopted. Circus by Explorers City Manager Callinan requested that this subject be moved up on the agenda for consideration at this time in order that the two Explorers present could present their request to the Council. Mr. Callinan advised the Council that the Explorers Troop is supervised by the Public Safety Depart- ment and they are seeking endorsement of a fund raising project, namely to engage the Wallace and Rogers Circus for a performance in Rohnert Park during October 1975 to raise funds for their group. Explorers Sandy Dennis and Duke Flores were present for the Explorers and spoke briefly to the Council. Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, Council approved the request of Explorers Troop to engage the Wallace and Rogers Circus for a performance in Rohnert Park as a fund raising project for the Explorers. Comprehensive Health City Manager Callinan and Councilman Beary briefly discussed Planning for the May 8th letter from Comprehensive Health Planning Health Facilities concerning the proposed study of health facilities and and Services services for the Rohnert Park area; Mr. Larry Maniscalco will serve as consultant in this study and much of the work will be done by City staff. The Council endorsed the proposed study procedure. City Manager Callinan ,advised the Council of discussions that he and Councilman Beary had with Mark Collins of the Hospital Council of Northern California and the desirability of setting up a meeting of institutional representatives to gather input for the community. Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, Council approved and requested Councilman Beary to set up a meeting with appropriate representatives of the Hospital Association of Northern California and hospital institutions and to act as .the Council's liaison in this matter. Letter from:rounty Local Agency, orm4 tion Commission Library Spivock Land Pisenti & :Brinker Audit Page 15 May 19, 1975 City Manager Callinan requested that this subject on the agenda be deferred until-the next .meeting. lie passed out to each Councilman a copy of the LA]FCO letter regarding spheres of influence standards and work program. City Manager Callinan reviewed his memo of May 15th with the Council regarding the current status of the Library. Discussion followed with the Councilmen and Mr. Callinan agreeing that,the 10,000 ,sq. ft. facility was appropriate for Rohnert Park. Mr. Callinan stated he is continuing to work with Mre..Sabsay, Library Director, and hopes they can work out funding for construction of this needed facility. Councilman Smith,.made.a .motion, which was seconded by Councilman:Beary,, and unanimously approved, to reaffirm the 10,000 sq. fto,:desi:gned-:library; and look first to available library funds in the County, and secondly to utilizing revenue sharing funds for construction of a Rohnert Park library. Mr. Callinan advised that he would instruct Architect Simons to proceed with designing the 10,000 sq. ft. library, City Manager Callinan referred to his memo of May 15th in discussing the acquisition of the Spivock land for open space, He indicated that the County Board of Supervisors had put Mr. Spivock in touch with Nature Conservatory hoping that this °non - profit organization could'`be of'somd hlep., Mr. Callinan stated he had this date also talked with Nature Conservatory. Discussion followed with the consensus being that the decision rests with the County Board of Supervisors who were scheduled to discuss the matter on Tuesday ;fl' May 20th. City °Manager Callinan referred to copies of the April 24, 1975 proposals -from Pisenti &:Brinker to conduct the 1974° -75 audits for the City of Rohnert Park, the Rohnert Park`Civic:.C.ommission, and Federal Revenue Sharing Fund, copies of-which proposals wer&,previously provided to each Councilman. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved, the Council approved engaging the firm of Pisenti and - Brinker to conduct the 197475 external audits. City Manager Callinan referred to his clay 15 memo and advised -the Council that a large nursery was going out of business and an excellent purchase of large trees had been recommended by the Public Works Department, which Mr. Callinan had approved and the trees are currently located at Well No. 10 Page 16 May 19, 1975 SB 839 City Manager Callinan referred to his May 15th memo suggesting that the Council support SB 839 which the State Compensation Insurance Fund had,advised would limit the benefits received to five years following the date actually worked as d Public Safety Officer, rather than indefinitely. Upon motion of Councilman 'Smith, seconded by Councilman Flores, and unanimously approved, the Council went on record in support of SB 839, and that an appropriate .,'asked letter be sent over the Mayor 's sIgnature affirming same. Federal Revenue Sharing Funds 1975-76 City Manager Callinan reviewed with the Council the City's estimated 1975-76 allocation of $185,164 of Federal Revenue Sharing Funds. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Smith, and unanimously approved, the Council requested that the City's allocation of Federal'Revenue Sharing Funds be earmarked for construction of a public library. Joint Meeting with City Manager Callinan refreshed the Council's previous Cotati discussion regarding a joint meeting with Cotati City Council. The consensus of opinion was that a dinner meeting either June 9th or June 23rd would be appropriate. Additional CYO City Manager Callinan referred to his memo of May 15th Expenditure concerning an additional,$59.84 for'the CYO Basketball program to cover a bill incurred by the CYO for cleaning of uniforms. Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the Council approved an additional contribution in the amount of $59.84 for the CYO Basketball program. Garden Plots on Councilman Smith initiated a question regarding the John Reed School disposition of the residents' gardens which they had planted property on school property adjacent to Arlen Drive. City Engineer Brust stated that he and Mr. Wiggins had talked with two of these residents and explained to them that because of the sprinkler system to be installed on the school property and the drainage work being done as a prerequisite that in fact their gardens would be disturbed and possibly destroyed. They offered some compensation to these two --residents for their expenditure of seed, fertilizer, etc. Discussion followed. Councilman Smith stated that, if possible, when these projects are contemplated in a certain area would be helpful if the City could so advise the residents in that area. Ditch Along Rail"* Councilman Eck initiated a discussion regarding the ditch road Tracks in along the railroad tracks in neighborhood C. He indicated Neighborhood C it was rather large and after a heavy rain it filled with standing water and was hazardous and unattractive. City Engineer Brust explained that the ditch had been properly graded but because of the flat grade there will always be a small amount of water in spots until the ditch "silts up" in the low spots. Page 17 May 19, 1975 Comprehensive Health Councilman Beary initiated a brief discussion regarding Planning Committee the Comprehensive Health Planning Committee, of which he is a citizen member. He indicated that these meetings have been scheduled to fall on Monday evenings which would conflict with the Council meetings. Discussion followed regarding possibly changing Council meeting nights. Vacancy on Planning Councilman Smith initiated a discussion stating that on Commission July 1 a vacancy would appear on the Planning Commission. Mr. Smith requested the press to publicize this fact and that the City offices had forms which could be filled out if anyone would be interested in serving on this Commission. City Manager Callinan stated that there were several terms expiring on the Planning Commission and other committees also, i.e. Park and Recreation, and asked that the press representatives so note. Selection of Mayor .. City Manager Callinan was queried regarding the results of Survey the questionnaire placed in the recent news letter for residents to indicate their preference concerning the OnIn'„i„ inn of ±-hnn Mnunr_ Mr_ rnllinaan indicated all- the results had not been tabulated but he thought that it was running about 50% in favor of the present method of selection of the Mayor. Ad in Softball All Mayor Hopkins initiated a discussion regarding the Santa Star Champs Program Rosa Softball All Star Championship team (Guanella °s) and the City placing an ad in their tournament program. Discussion followed with the Council and City Manager Callinan discussing the amount of the ad and the fund from which it -aould be taken, The Council approved an ad, not to exceed the amount of yivv. nn, aaad suggest the money be taken from the Golf Course promotion budget. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 11005 p.m. l.. Deputy Citv Clerk