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1965/03/15 City Council Minutes�1 �� ROHNERT PARK CITY COUNCIL MINUTES Bills Upon motion by Councilman Pezonella, seconded by Councilman Rogers and unanimously approved, bills, per the attached list, were approved for payment. Communications- Communications, per the attached outline, were brought to the attention of the Council. No action was taken on any of these communications except as specifically noted in these minutes. Planning and 7oninZ Alden Improvement Use Permit application 7424 Bridgit Dr. City Manager Callinan outlined the request from Alden Improvement for a use permit to allow use by Sonoma State College of one of the ground floor apartments in the four -plex at 7424 Bridgit Dr. Use of the apartment by the College would be for three months, March 15, 1965 to •June'15, 1965. The apartment would be used primarily for an office although one of the rooms may be used for siminars limited to 12 persons, Mr. Callinan informed the Council that the Planning Commission had recommended granting the use permit subject to certain conditions which are listed in the minutes of the March 11, 1965 meeting of the Planning. Commission. Said 15 March 1965 The Council of the City of Rohnert Park met this date in regular session at 8:.00 p.m. at..the City Offices, 435 Southwest Blvd., Rohnert Park, with Mayor Buchanan,,-presiding. This regular session was preceded by a public work session commencing at 7:30 p.m. followed by a closed session of the Council at 7:45 p.m. No formal action was taken during either of these sessions. Call to Order Mayor Buchanan called the meeting to order Roll Call Present: (5) Mayor Buchanan,'Councilmen Pezonella, Rogers, C. Smith, V. Smith, Absent: (0) " Also present; City Manager Callinan and City Attorney Maxwell. Approval of Upon motion by Councilman Rogers, seconded by Councilman C. Smith Minutes and unanimously approved, the minutes of the regular session,. March 1, 1965, were approved with. the. following correction: Page 2,' Paragraph 3.6hall be corrected to read: "Councilman Pezonella moved that no action be taken at this meeting so that the Council members might have time to study the matter for themselves and that the matter' be deferred to the meeting of April 5, 1965. "Councilman Pezonella asked James`Cronin, President of the .Homeowners' Association, who was in the audience, if the Homeowners' Association would study the matter. Mr. Cronin indicated that they would.` "Councilman Pezonella's motion died for lack of a second." Bills Upon motion by Councilman Pezonella, seconded by Councilman Rogers and unanimously approved, bills, per the attached list, were approved for payment. Communications- Communications, per the attached outline, were brought to the attention of the Council. No action was taken on any of these communications except as specifically noted in these minutes. Planning and 7oninZ Alden Improvement Use Permit application 7424 Bridgit Dr. City Manager Callinan outlined the request from Alden Improvement for a use permit to allow use by Sonoma State College of one of the ground floor apartments in the four -plex at 7424 Bridgit Dr. Use of the apartment by the College would be for three months, March 15, 1965 to •June'15, 1965. The apartment would be used primarily for an office although one of the rooms may be used for siminars limited to 12 persons, Mr. Callinan informed the Council that the Planning Commission had recommended granting the use permit subject to certain conditions which are listed in the minutes of the March 11, 1965 meeting of the Planning. Commission. Said Bart C, Mitchell Page 2 15 March 1965 conditions include the recommendations of the City Building Inspector. In•the - general discussion.•which followed, Councilman Pezonella inquired as to whether or not the other apartment house owners 'in the area had been polled for their approval. Councilman V.'Smith stated that other apartment houses . in the area are now being used by the College and recommended that the Council take a negative approach on this type of use in the future. Upon motion by Councilman Rogers, seconded by Councilman V. Smith, Alden Improvement was granted a use permit to allow the . use of one lower floor apartment by Sonoma State College for the period March 15, 1965 to June 15, 1965, subject to the restrictions and conditions suggested by the Planning Commission. Motion approved by the following vote :: AYES: (4) Councilmen. Pezonella,. Rogers, V. Smith, Mayor Buchanan. NOES: (0) ABSENT: (0) ABSTAIN: (Z) Councilman C'� Smith. Use Permit extension r use of oo,bile trailer as temporary office Czty Manager Callinan outlined the request from Mr. Mitchell for a four month extension oh the temporary use permit granted on November 2, 1964,1 'for four montho to allow the use of a mobile trailer as a temparar'y office' •at 7301 Commerce Blvd. Mr. Callinan advised the'Council that the Planning Commission had, as noted in their March llth minutes, recommended granting the extension. Mr. Mitchell, •tkre. applicant, was present and informed the Council that the drawings of his proposed office building have had to be redone. He indicated that one month will be required for obtaining bids an"d sub -bids and three months for construction, therefore the four months extension requested would be' adequate. Upon motion by Councilman V. Smith, seconded by Councilman Pezonella, Mr. Mitchell was granted a four month extension on his use permit to allow the use of'a'mobile'trailer as a temporary office at 7301 Commerce Blvd. Motion approved by the following vote: AYES: (4) Councilmen Pezonella, Roger's,`V Smith, Mayor Buchanan. NOES: '(0) ABSENT: (0) ABSTAIN: (1) Councilman C. Smith. Drainage Ditch City manager Callinan outlined the background of,:the ".City not.::... Subs 10.1.1 -12 -B accepting Subdivisions.,10., 11, and.12 B.until a culvert is installed in the drainage ditch along th:e railroad tracks. Mr. Callinan stated that Young America Homes has requested that Sub. 10 -B be accepted,.so that they can proceed with obtaining FHA approval and other paper work necessary. before any parcels can be sold. A letter dated March 12, 1965; from Young America Homes, Tno. was read in which they outlined. their request. in their "letter, Young America Homes stated that they would not request building permits for.this.subdivision until the matter of the culvert is resolved..will, Coral:Homes and /or Mr. Spivock. Participating.in a general.discussion, in.addition to the Council, were City Manager Callinan, City Attorney Maxwell, City Managers Report Recreation Program City Manager Callinan reviewed his memo dated March 12, 1965 to the Council and his previous recommendations concerning the 1965 Summer.Recreation Program. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, the 1965 Summer Recreation Program recommended by City Manager Callinan and endorsed.. by tyre. ReX`ea�. tion Commission was approved. Page 3 15, March 1965 Mr. R. O'Neel and Mr. J. Gripe of Young America Homes. Mr. O'Neel advised the Council that lie agrees that the ditch should be, unacceptable to the City and that Young America Homesq.Inc. will do everything it can to get the Spivock's to install the proper culvert and cover the ditch as soon as possible. Upon motion by Councilman V. Smith, seconded by Councilman Rogers the.City will accept Subdivision 10 -B subject to the approval of the City Engineer, with the`' 'stipulation that no building permits will be issued until the mater of the drainage ditch has been resolved to the complete satisfaction of the City Council. Motion approved by the following vote: AYES: (3) Councilmen Rogers, C. Smith, V. Smith. NOES: (2) Councilman Pezonellai Mayor Buchanan. ABSENT: (0) Sub. l$«B City Manager Callinan advised the Council that the final map of Subdivision 18 -B has"not yet`beeri submitted to the City Office. Resolution #205 City Manager Callinan reviewed the proposed agreement between the City and Sonoma State College for the use of.Neighborhood.B Pool. Resolution.No. 205 - A RESOLUTION APPROVING AGREEMENT WITH STATE' OF.CALIFORKA (Swimming Pool B ) was,read by City Manager Callinan. Upon °motion °by Councilman Rogers, seconded by Councilman C. Smith and unanimously approved, Resolution No. 205. was adopted. Law Enforcement City Manager Callinanand City Attorney Maxwell reviewed the Mutual. Aid` contents of the County wide Law Enforcement Mutual Aid Agreement. Agreement ; Upon motion by Councilman C. Smith, seconded by Councilman Rogers and unanimously approved, Mayor Buchanan was authorized to executethe. County wide Law Enforcement Mutual Aid Agreement on behalf of the City of Rohnert.Park. "B" Pool Use Upon. motion by Councilman.Rogers, se.c,onded,by Councilman C. Smith and' unanimously; apps -Dyed, -;the. Council approved the Recreation Commission's recommendations to allow the use of the "B" Pool during certain.-hours from April.l9th to May. 28th to the Sting - Rays and Aliciettes at no cost and to the.Sebastopol Sea Serpents for 2 hours on 5 Saturdays during this period for a total fee of 415.00.. All of these groups must provid.e,their own guards and absolve the City,.of any liability. City Managers Report Recreation Program City Manager Callinan reviewed his memo dated March 12, 1965 to the Council and his previous recommendations concerning the 1965 Summer.Recreation Program. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, the 1965 Summer Recreation Program recommended by City Manager Callinan and endorsed.. by tyre. ReX`ea�. tion Commission was approved. Matters from Councilmen Councilman Pezonella asked Mayor Buchanan, whether or not the results of the closed session were going to be made public. Page 4 15 March 1965 Cal .Mod City Manager`Callinan informed the Couhcil of Supt. Wiggins' Fire Hydrant discussion with Cal -Wood concerning the desireability of in- stalling a fire,hydrant on Transport Avenue: 'Upon motion by Councilman Pezonella, seconded by Councilman Rogers and unanimously approved, the Council approved City par- ticipation with Cal -Wood, on a 50 -50 basis; for the approximate cost of $694 for the installation�of a fire hydrant on Transport Avenue in front of Cale- Wood's facilities® Budget` City Manager Callinan submitted the Expense and Budget Comparison Comparison Report through February 28,- 1965 to the Council. Public Works City Manager Callinan advised the Council that the vacant maintenance man position has.been filled with the appointment. of Raymond Zastrow of Penhgrove,at $410.per month, effective' March. 16, 19650 City Attorney's Report ' Hardin Suit City Attorney Maxwell advised the Council of the present status of the Hardin suit and indicated that a Court ruling of some sort will be given in the next month or so.; SCA -. 17 General discussion was held regarding SCA - 17, Telephone In Lieu. Tax; tbe.proposed:State,Se.nate Constitutional amendment which would require.telephone companiesl:to: pay a tax on their intra -state gross receipts. Mr. Wallis, who was is the audience, advised the Council.that .: the Homeowners Association had adopted a Resolution opposing- SCA­ 17.. Councilman V..Smith made a,statement based on his personal study of the proposed amendment. _ Councilman Pezonella moved that the Council not go along with the League of California- Cities' request to support SCA -17, pointing out that.the Homeowners AaaOciation study indicated that they were opposed. Councilman Pezonella's motion died for ,:.lack of a second. Councilman V..Smith moved that the Council indicate its feeling that the people of California who may have to ultimately pay the tax should have a chance to vote on the telephone in -lieu tax and thus the Council request that the State legislature,.support.. SCA -17 and place it on the ballot fo, r. voter consideration..; Said motion was seconded by Councilman ,Rogers and approved by the following roll call vote: AYES: (3) Councilmen Rogers, V. Smith, Mayor Buchanan. NOES: (2) Councilmen Pezonella, C. Smith. ABSENT: (0) Matters from Councilmen Councilman Pezonella asked Mayor Buchanan, whether or not the results of the closed session were going to be made public. Page 5 15 March 1965 r Buchanan said that no vote had been taken at the seas rather only a discussion was held concerning election o r and vice -mayor at the next Council meeting. Pezonella requested that the minutes reflect at he the method of selecting the future Mayor ati closed session. Asked to omment on this, City Attorney Maxwell stat d that it is common or Councils to meet in closed session t discuss appointment of a mayor and vice - mayor, but all of 'cial action concerning s me must be done in an open session. Mayor Buchanan equested that the minutes refl ct that during the closed sess� n Councilman Pezonella requ ted to be selected vice - mayor. Co ilman Pezonella challenge this and requested the minutes reflec he had requested to be appointed mayor. Mayor Buchanan Corr cted his statement to agree with Councilman Pezonella's comment. Councilman Pezonella a ed City Att the candidate receiving the highest election shouldn't be ma r. Counc he, not Councilman Pezone a, woul case and inquired if Counci man P z theory. r y Maxwell whether or not ber of votes in an man V. Smith stated that be mayor if that were the nella would support this City Attorney Maxwell infoAayor Council that in a general law City such as Rohnert Park, le vote for the Councilmen but it is up to the Counci to decide which members of the Council will serve as vice- mayor. Councilman Pezonella t 'that he challenged the charged fraud was use to exceed his by two of the election, by b from under the co er e� requested hat the minutes reflect ote of the la t City election and to allow Counci man V. Smith's vote total tea and that thi was done, on the night City Manager pul g two absentee ballots in the City Clerk' office. City Attorney M well cautioned Councilman zonella on the seriousness of is remarks. Councilman Pezon lla replied that the City Manager can sue him but that he has w tnesses and can produce affi wits to substantiate his charges. City Manag� Callinan advised the Council that Pezonella was mistaken. Council an V. Smith requested that since Councilman P zonella has m e such a serious charge he should produce the a fidavits and other evidence to substantiate his charges. oilman Pezonella stated that he would at the right t Adjournment The meeting was adjourned at 10:00 p.m. APPROVED: City Clerk Mayor Page 5 15 March 1965 A general discussion has held concerning the methods and pro- cedure of selecting the Mayor, Adjournment The meeting was adjourned at 10:00 p.m.-,.. %f J 6- City Clerk