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1966/01/03 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES January 3, 1966 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 Boulevard, Rohnert Park with Mayor Rogers presiding. This regular meet- ing was preceded by a work session which commence at 7:30P.M. but at which no formal action was taken. Call to Order Mayor Rogers called the regular meeting to order and led the pledge of allegiance. Present: (4) Councilmen Buchanan, Pezonella, V. Smith and Mayor Rogers Absent: (1) Councilman C. Smith Also present: City Manager Callinan, City Attor- ney Maxwell and George Powell from the Sonoma County Planning Staff Approval of Upon motion by Councilman Pezonella, seconded by Minutes Councilman V. Smith and unanimously approved, the minutes of December 20, 1965 were approved as submitted. Bills for Upon motion by Councilman Buchanan, seconded by Approval Councilman Pezonella and unanimously approved, the bills, per 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 the communications except as specifically noted in these minutes. Public Hearing Mayor Rogers declared the public hearing open on Annexation 3 -A Annexation 3 -A, High School Site on Snyder bane. High School Site Councilman Pezonella requested that the letter dated December 21, 1965 received from Forsyth Realty /Sonoma Campus Co., Inc. be read into the minutes. City Manager Callinan read the letter which indicated a willigness to exchange pro- perties with the Petaluma High School District. City Manager Callinan also read a letter received from the Department of General Services advising that a practical method of providing utility services to the school at the time construction bids are awarded is a requirement but a contract to provide these services is not. Mr. Callinan informed the Council that he had talked briefly with Mr. Meyer, superintendent of Page -2- January 39 1966 the Petaluma High School District, and that Mr. Meyer had indicated the contract would be awarded sometime this week. Mayor Rogers asked for comments from the floor. There being none, the public hearing on Annexation 3 -A was continued until the next regular meeting. PLANNING AND ZONING MATTERS James LeBoeuf Request for Rear Yard Encroachment from 7858 Burton Avenue to Becky Court. City Manager Callina advised the Council that the matter would require more study, that he had spoken L.. 'I�R....� 7 .T. ___1� 11__ 1 l _ 1 t o Mr's. 'UeBoeU.1 concerning tI-IJ s, U-I-Id recommended that the matter be continued until the next meet - ing. The Council agreed and continued the matter to the next regular meeting of the City Council. George Raby Request to Conduct Home for Mentally Retarded Children at 347 Bonnie Avenue. Mr. Powell stated that he had reviewed the request and he felt that the City Attorney should make a determination as to the intent of the Council at the time of the writing of the Ordinance in re- lation to Section 3 -301, whereby not more than 2 paying guests may be lodged or boarded, in addi- tion to the resident family in an R -1 zone. City Attorney Maxwell stated that it was not the intent of the Council or Ordinance as written to allow this type of use within an R -1 or R -2 zone. Mr. Raby addressed the Council stating that there would not be more than six children involved, usually 4 or 5 and that probably the children would be 14 to 20 years of age. Mr. Raby advised the Council that the children are screened and tested before they are released to him and that they would be children capable of being trained to become useful citizens. City Manager Callinan advised the Council that copies of the Council agenda had been sent to all residents within 500 feet of the proposed location. Councilman V. Smith stated that he did not feel it was the kind of use he would like to see per- mitted in the R -1 or R -2 zone. Industrial Sub - Division No. 4 Page -3- - January 3, 1966 Mr. Wesly Faust addressed the Council concerning _this. matter.. Mayor Rogers asked the applicant if he could look for an alternate location where such a use would be permitted and appear before the Council at the next regular meeting. Mr. Raby answered in the affirmative and -Mayor Rogers continued the matter until the next regular meeting of the Council. Consideration of�'Tentative Map. City Manager Callinan displayed the tentative map and stated that the staff had prepared a list of conditions which were being recommended as a part of the approval of the tentative map. Mr. Callinan advised the Council that copies of the tentative map had been forwarded to all the appropriate agencies. Councilman V. Smith asked if there was additional cost involved in installing the streamlined light poles.. Mr. Callinan answered that there was, however, that cost would be borne by the sub- •divi,46r. City 'Manager Callinan read :the conditions being recommended. Mayor Rogers asked for comments from the floor. Mr. Golis, the applicant, asked if some other means of security, such as an assessment district, could be used instead of bonds. The answer was affirmative, assuming the Council requested, at the time, has no objection to use of assessment district proceedings. Upon motion by Councilman V. Smith, seconded by Councilman Buchanan-and unanimously approved, the tentative map of Industrial Subdivision No. 4 was approved as submitted subject to the recom- mended conditions listed in City Manager Callinan's memo dated December 30, 1965 to the City Council. Subdivision 9 -A Consideration of Tentative Map City Manager Callinan advised the Council that Mr. Powell had reviewed the.map, however, Mr. Spivock, the applicant, was out of town and the matter should be deferred to allow Mr. Spivock an op- portunity to be present when the map is considered There being no objections, Mayor Rogers deferred consideration of the tentative map for Subdivi- sion No. 9 -A. Page -4- January 3, 1966 Valley -View Lands Consideration of Master Plan The City Manager displayed the master plan map 'presented by Forsyth Realty /Sonoma Campus Co., Inc. and advised the Council that the County staff had reviewed the plan and also that it had been discussed briefly with Sonoma State College. Mr. Callinan read=' a letter from Mr. Thiesfeld of Sonoma State College, requesting time to allow the President's.:_cabnet to study the plan_. Unauthorized sub- division of Land City Manager Callinan reminded the Council of the contract the City has with the original owners of the Valley View` - Lands, whereby the land must be master planned-;before anv development takes place. Mr. Powell stated- that'the County staff had been going over the plan akd that it represented, in a general way, what the developer has in mind for this area, and that as an.over -all plan it seemed to be a good pattern. A brief - d�iseussion followod. Upon motion by Councilman V. Smith, seconded by Councilman Pezonella and unanimously approved, the Council went on record'a`s approving generally the concept of the plan as submitted, requesting that the land owners engage a professional land planner to draw up and submit a more detailed plan after receipt of which Council action would be taken on specific areas and specific requests. The:_City,Manager advised the Council that he had discussed the problem of odd shaped parcels being formed with Mr. Golis, Mr. Spivock and the City Attorney. Mr. Callinan stated that what is taking place is that land is being split for financing purposes or other reasons and parcels of irregu- lar shapes are being formed. The splits are tak- ing place where there are assessment bonds on the .land;,and Council must make sure that the value of the land is not lessened by the shape of the par- cel in order to assure the security of the assess- City . City Attorney Maxwell stated that under the laws of.the State Map Act land sold in violation of the Act gives the purchaser the right to void the con- and receive his money back. Under the City Ordi:n.ance, such subdivision of land, is a misde- meanor and punishable by fine, imprisionment or both. Mr. Maxwell suggested a letter be sent to ttYose parties who are splitting and /or subdividing land requesting that they contact the City Offices Page -5- January 3, 1966 prior to any subdividing or splitting. Ordinance #63 City Manager Callinan advised that the new Zoning Ordinance Zoning Ordinance will become effective within a few days and asked the Council how they wanted to proceed on planning and zoning matters. Mr. Callinan recommended not bringing permitted uses before the Council; instead these would be pro- cessed through the planning staff for a report and acted upon by the City staff. Requests for conditional uses, or any requests of an unusual nature, would be scheduled for Council considera- tion. The Council expressed agreement with the proce- dure proposed. Recess There was a five minute recess called at 9 :10 P.M. Chief Koch entered the meeting at this point. Ordinance No. 64 AN ORDINANCE AMENDING ORDINANCE NO. 45 RELATIVE TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. City Attorney Maxwell briefly explained the Ordinance to the Council. Upon motion by Councilman Buchanan, seconded by Councilman Pezonella, the reading of Ordinance No. 64 was waived and the ordinance was introduced by the following roll call vote: Ayes: Councilmen Buchanan, Pezonella, V. Smith and Mayor Rogers Noes: None Absent: Councilman C. Smith Ordinance No. 65 AN ORDINANCE PROVIDING FOR REGULATIONS AND CON - TROLS OVER THE KEEPING AND USE OF ANIMALS AND FOWL AND PROVIDING FOR THE IMPOUNDMENT OF CERTAIN ANIMALS AND FOWL, DECLARING CERTAIN ANIMALS AND FOWL TO BE A NUISANCE, AND PROVIDING PENALTIES FOR VIOLATION. City Attorney Maxwell explained the contents of the Ordinance. Upon motion by Councilman V. Smith, seconded by Councilman Buchanan, the reading of Ordinance No. 65 was waived and the ordinance was introduced by the following roll call vote: Page -6- Ayen: Noes: Absent: January 3, 1966 Councilmen Buchanan, Pezonella, V. Smith and Mayor Rogers None Councilman C. Smith Resolution N. 292 ESTABLISHING PROCEDURE FOR OPERATION OF CITY . AMBULANCE) FIXING FEE SCHEDULE FOR SAID SERVICE AND FIXING COMPENSATION TO BE PAID TO PERSONNEL CALLED TO PARTICIPATE IN SAID AMBULANCE SERVICE. Mr. Callinan stated that Chief Koch had been working on getting the ambulance into operation and that all the public safety officers have taken a spe- cialized course for ambulance personnel ,.and fire department personnel have taken the necessary advanced first aid courses. Chief Koch advised th,e..Council that the resusciator for the ambulance had iseen purchased by the Fire Auxiliary and do- nated to,t1ie,0ity. Ci y Manager Callinan stated that the ambulance will only be used in cases of emergency and that the City still intends to use Petaluma's Ambulance Servf-`*C`e.--` for . all routine calls. City Attorney Maxwell reviewed the contents of Resolutioh.$o, -292 for the ..Council. Upon motion,by Councilman Buchanan, seconded by u Councilman V. Smith and unanimously approved, Resolution No. 292 was adopted. Mayor-,Rogers commended l.Chief Koch and all members of the Public Safety ,Department for their time and efforts in getting the ambulance into opera- ti6n. Project 1965-1 Milt Hudis, project.engineer, reported to the Entrance Road Council that the.project was complete. Resolution No. 293 A,RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE OF POMDLE= TION - IMPROVEMENT PROJECT 1965-1. City,,Man,ager Callinan read Resolution No. 293. Councilman V. Smith asked what the City's recourse ,--was if this road failed. Mr. Hudis stated that the contractor had to post a bond which guarantees the wank -:4-on.e-for a period of one year and if the road fails during this time the contractor would fix it. Page -7- January 39 1966 Upon motion by Councilman V.:.Smith, ^se.c:onded,by Councilman Buchanan.,and unanimously approved, Resolution No. 293 has adopted. y` Manage r Callinan requested authorization from the Council. -to make the progress payment No. 3 t6 Arthurrt `Siri,11 Inc. Upon mot- oh:,by Councilman V. Smith, seconded by Councilman,Buchanan and unanimously approved, the Council authorized the appropriate disbursements from the project funds, as indicated in the „City Manager's letter to bond counsel dated December 27,19659 and also'the payment of the progress payment No. 3 to'Arthure B. Siri, Inc. Project 1965 -3 Milt*.''M dis, project engineer, advised the Council Extension of that he had discussed the size of the proposed Commerce Blvd. bridge over Copeland Creek with the County Flood Control office. Mr: -Hudis stated, that if Cope- land `Creek diverted, `^ .,'pox culvert would possibly be all that would be' .'required and this might result in' °a VjOOO to $10,000 savings. Mr. Hudis con- tinued, that after discu.s`sing the matter with Mr. Callinan, he would recomaQnd going to bi.d.- .on::.the whole project; but withholding the awarding ofthe bridge contract until a 'determination is ..ma-de--as to whether or riot ' the divo.r's.ion is going to take place. Mr. Hudis also advised the.Council that an agree- ment with P.G. & E. for street lighting had been reached and the general terms of the contract had been agreed on. r. Hudis advised the Council that all deeds neces- sary to complete the project had been received. Resolution No. 294 A RESOLUTION ACCEPTING GRANT DEEDS AND DEEDS OF EASEMENTS. City`Mana.ger Callinan read Resolution No. 294. - `Upon motion by Councilman Buchanan, seconded by `Councilman V. Smith and ;unanimously approved, Resolution No. 294 was adopted. Resolution No. 295'- A RESOLUTION ACCEPTING GRANT DEED City Manager Callinan.read Resolution No. 295 Upon motion by Councilman Buchanan, seconded by Councilman V. Smith and unanimously approved Resolution No. 295 was adopted. January 3, 1966 CITY MANAGER'S REPORT Insurance Coverage -Mr. Callinan requested the Council set a date for 'discussion with Mr. Feeney and Mr. Day concerning the City's insurance coverage. The Council unanimously agreed to hold a meeting on Monday evening, January 10, 1966. Mayor Rogers stated this meeting would be adjourned to Monday,January 10, 1966 at 8-.00 P.M. in the City Offices.. Wilfred Grade A discussion was held. concerning the formation of Crossing 'an.assessment district to install Lakeview Blvd. and the.prot.eptive.;dev ice es. required for the Wil- feed Grade crossing. Mr.'Hudis explained to the Council the.area he ,suggested should be in the assessment:'district The Counc,11 authorized,Mr. Hudis to proceed with the drawing of the necessary map and to discuss his proposal for the assessment district with the bond consel requesting comments from the bond counsel. Financing of City Manager':Callinan.dispussed briefly the letter Public Safety. dated `December. 15, .1965. from Wilson, Jones, Morton Building anal`- Synch concerning the financing of the public safety building: A brief di.s.cussion was held concerning the need for additional paving around the public safety building. Upon motion by 'Councilman Buchanan, seconded by ,Councilman.V. Smith.an.d,;unan.imously approved, the City Manager was - -,authorized to have the necessary engiriee -ring doer for the paving of the area around the public ,,safety building.. A brief discussion was held concerning the need for a Council meeting room. Upon,mot on by Councilman Pezonella, seconded by Councilman-Buchanan, and,unanimously approved, City Manager.Callinan was authorized to engage Mr. Hudis for the engineering of a meeting room addition to.the existing public safety building.. New Public Safety City Manager Callinan advised the Council that a Officer new public safety officer, Mr. Frank Cardinale, had reported for duty. New Police Car Mr'. Callinan informed the Council that the new police car had been received. Upon motion by Councilman Pezonella, seconded by Councilman Buchanan and unanimously approved, the City Manager was authorized to negotiate the matter further with Mr. Spivock The City Manager advised the- Council that one resident had written thanking the City for clean- ing up the area along the drainage ditch. CITY ATTORNEY'S REPORT Hardin Suit Mr. Maxwell gave the Council a verbal report on the status of the Hardin lawsuit. MATTERS FROM COUNCILMEN Entrance Road Councilman Buchanan asked if the City of Cotati had been contacted regarding the large holes in the entrance road. City Manager Callinan advised that they had been contacted and had stated they would have the holes repaired Tuesday morning. Letter of Councilman V. Smith requested that Mayor Rogers Appreciation direct a letter to Mr. William Moore, through his employer, expressing the City's appreciation for the service he has performed for the City of Rohnert Park while a resident. Adjournment There being no further business the meeting was adjourned to January 10, 1966 at 8000 P.M. in the City Offices. Deputy/ ity Clerk f Page -9- January 39 1966 Engine for Street Mr. Callinan advised the Council that the engine Sweeper in the street sweeper had-to be replaced and that a rebuilt engine had been purchased and installed by the Department of Public Works personnel. Drainage Ditch Mr. Callinan stated that the drainage project Subdivision 12 -B north of Subdivision 12 -B had been completed, with the exception of a junction box and the pump station. Mr. Callinan advised that Flood Control had indicated that the pump station could possibly be eliminated if Copeland Creek was deepened and widened. Mr. Callinan also stated that there seemed to be some question as to the need for the junction box not installed. He requested authori- zation to renegotiate the agreement with Mr. Spivock on the basis that the City not participate in the costs of the drainage pipe if the pump station can be eliminated.ea Upon motion by Councilman Pezonella, seconded by Councilman Buchanan and unanimously approved, the City Manager was authorized to negotiate the matter further with Mr. Spivock The City Manager advised the- Council that one resident had written thanking the City for clean- ing up the area along the drainage ditch. CITY ATTORNEY'S REPORT Hardin Suit Mr. Maxwell gave the Council a verbal report on the status of the Hardin lawsuit. MATTERS FROM COUNCILMEN Entrance Road Councilman Buchanan asked if the City of Cotati had been contacted regarding the large holes in the entrance road. City Manager Callinan advised that they had been contacted and had stated they would have the holes repaired Tuesday morning. Letter of Councilman V. Smith requested that Mayor Rogers Appreciation direct a letter to Mr. William Moore, through his employer, expressing the City's appreciation for the service he has performed for the City of Rohnert Park while a resident. Adjournment There being no further business the meeting was adjourned to January 10, 1966 at 8000 P.M. in the City Offices. Deputy/ ity Clerk f