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1967/07/17 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES July 179 1967 The Council of the City of Rohnert Park met this date in regular session in the City Offices, 435 Southwest Boulevard, at 7 :00 P.M. with Mayor Pezonella presiding. Call to Order Mayor Pezonella called the meeting to order and led the Pledge of Allegiance. Roll Call Present: (3) Councilmen Roberts, Rogers and Mayor Pezonella Absent: (0) None Late: (2) Councilmen C. Smith and V. Smith, Their time of arrival being specifi- cally noted in these minutes. Staff present: City Manager Callinan and George Tomilson of the Sonoma County Planning Dept. City Attorney Maxwell arrived at 7 :30 P.M. as specifi- cally noted in these minutes. Approval of Upon motion by Councilman Rogers, seconded by Minutes Councilman Pezonella, the minutes of July 3,1967 were presented for approval. For lack of a quorur. vote, Councilman Roberts having been absent from the July 3, 1967 meeting and thereby unable to vote, the matter was deferred until the other Councilmen had arrived. Approval of Bills Approval of the bills was deferred until the other Councilmen had arrived. Correspondence Communications were brought to the attention of the Council. No action was taken on any of the communications except as specifically noted in these minutes. Arrival of Councilman C. Smith arrived at this point in the Councilman C.Smith meeting, the time being approximately 7 :10 P.M. Matters from Mayor Pezonella advised the Council at the recent Councilmen Sonoma County Mayors' and Councilmen's Association meeting it was announced that there was a vacancy on the Santa Rosa - Sonoma County Free Public Library Board. Mayor Pezonella recommended sub- mitting the name of Mr. Gerald Moore from Rohnert Park to fill the vacancy. A discussion followed during which Councilman Roberts presented a report of the various library systems in the area. The City Manager was asked to find out if an elected official could serve on the Board and the deadline for submitting names. Page -2- July 17, 1967 -1 -1 , Volunteer Fire Chief Koch was prespr+ nrj __era.L_ - - -_ LIj allu Dent. *k-I - - _L _. DIU" S113-1-us that had been purchased by the Police and Fire Association for the volunteer firemen® He explained the money is accumulated through dues and dance proceeds. Approval of The minutes Of July 3, 1967 were discussed and Minutes since there was some question on one items, the matter was deferred until the City Attorney' was present. Approval of Bills Upon motion by Councilman Rogers, seconded by Councilman C. Smith and unanimously approved, -the bills presented were n.nnvr)-upri P,-" Matters from councilmen Recreation com- Mayor Pezonella stated he understood that the by- mission By-Laws laws would not be discussed until the work ses- sion was held with thG Recreation Commission. A discussion followed® Present in the audience were Recreation Commission Chairman D. Davis and several other members of the Recreation Commission Councilman C. Smith moved that the Council make a definite decision tonight on developing the number of people that will be on the Recreation Commis- sion and come to some conclusion on the responsi- bility of the Recreation Commission to the Council and the position that the Ex-Officio member will have. The motion was seconded by Councilman Rogers and unanimously approved by a roll call vote® A discussion followed upon the conclusion of which Councilman C. Smith moved that the Council give the Recreation Commission a vote of confidence and that the Recreation Commission as now constituted, with seven members, be continued and that the new member be appointed as soon as possible with the following stipulations: 1. That the Council develop, in the very near future, some policy that will establish just what the responsibility of the Commission to the Council is, and 2. That the position that the Ex-officio member takes with the Commission be outlined. The motion was seconded by Councilman Rogers. Arrival of City City Attorney Maxwell arrived at this point in the Attorney meeting, the time being approximately 7:30 P.M. Page -3- July 17, 1967 Recreation Com- A discussion followed during which Councilman V. mission By -Laws Smith commented he would like to see the present ordinance amended to cover the dismissal of any Recreation Commissioner after he had missed three consecutive meetings. Councilman Rogers withdrew his second of Council- man C. Smith's motion. Councilman C. Smith withdrew his motion. Councilman V. Smith moved that the existing Recreation Commission Ordinance be continued and that the City Attorney be requested to add a section to the existing ordinance that any member of the Recreation Commission who misses three consecutive meetings would be dismissed; and further that the Council issue a policy paper to the Commission indicating what it feels to be the scope of responsibility. A discussion followed, upon the conclusion of which Councilman V. Smith withdrew his motion and requested that Councilman C. Smith re -enter his motion. Don Davis, Chairman of the Recreation Commission was recognized and commented that he felt a joint work session with the Commission should be held so all parties could be heard, but that Council- man C. Smith's motion gave the Commission some- thing to go on. Further discussion followed among the Council members, upon the conclusion of which Councilman C. Smith moved that the Council go on record as supporting a seven member Recreation Commission as now exists. He further moved that at the earliest possible date the Council sit down and develop a policy of responsibility of the Recrea- tion Commission and discuss the position of the Ex- Officio member; and that the existing ordinance setting up the Recreation Commission be amended to include any Recreation Commission member who misses three consecutive meetings being dismissed. The motion was seconded by Councilman Rogers and Councilman V. Smith called for the question. The motion was passed by the following roll call vote: AYES: (3) Councilmen Rogers, C.Smith and V. Smith NOES: fl Councilmen Roberts and Pezonella ABSENT: None ABSTAIN: 0) None Page -4- July 17, 1967 Mayor Pezonella prefaced his vote with the 4.1 10.L-Lowing statement which he "nA� part of the record of these minuteso "I am voting 'No' because the action does not offer alternatives, is not pragmatic, is not objective and we are setting policy without the benefit of the work session with the other entities, namely the Recreation Commission.,, A discussion was held and the new member will be appointed at the adjourned budget session. School Board Councilman Roberts inquired if anything had Meeting developed concerning the possibility of adding XLoblnert Park to the elementary school district name as discussed with the school board. city Manager Callinan was asked to f1low up on this matter. Letter from Councilman Rogers stated that he had requested Mr. Hudis the letter of Mr. Hudis' involvements with developers and individuals in Rohnert Park, and after reviewing Mr. Hudis' letter he was completely satisfied that there was no conflict of interest. Mayor Pezonella commended Mr. Hudis on the letter and for his work with the City. Ordinance No.84 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ROHNERT PARK (Enforcing Set Back Line Requirements) City Manager Callinan explained the ordinance. Upon motion by Councilman Roberts; seconded by Councilman Rogers and unanimously approved, the reading of Ordinance No. 84 was waived and said ordinance adopted. Planning and Zoning Matters File No. 0064 - City Manager Callinan advised the Council that Cohen,Golis, one edge of the building had been constructed Simons Office over a sewer main trunk line. He advised that Bldg. on he had discussed the problem with the architect Commerce Blvd. and Mr. Hudis. Mr. Callinan also reported that the City has a 7 foot easement for the sewer line and staff would recommend that the property owner be required to grant an additional 15 foot ease- ment for use in the event access to the line is required and also have the property owner agree to hold the City harmless for any possible damage to the building as a result of being constructed over the sewer line. Page -5- July 17, 1967 Councilman V. Smith commented on whether or not the City should allow itself to be put in a position of having to spend additional money to get into the sewer line. A discussion followed. Upon motion by Councilman Rogers, seconded by Councilman C. Smith and unanimously approved, the Council recommended that the building be allowed to remain on the City easement subject to the developer granting to the City an additional 15 foot easement, and subject to the property owner entering into an agreement with the City, in a form acceptable to the City Attorney, to hold the City harmless for any damage to the building. H. Rubini -6plex The applicant's representative, Mr. Ralph Jones, on Beverly Dr. was present. Mr. Callinan commented that the use permit to con- struct these six - plexes had been granted subject to the setback line change being obtained from the subdivider, Mr. Spivock, but that Mr. Spivock had indicated that he would not waive the 20 foot front building setback line shown on the final map for the subdivision. Mr. Callinan displayed the plot plan and stated the applicant was now requesting he be allowed to move the building back 5 feet. Mr. Tomilson, County Planning staff member, commented that under the City zoning ordinance a variance would have to be granted since by moving the buildings back, the rear yard would only be 15 feet rather than 20 feet as required. A brief discussion was held with the applicant and Council. Upon motion by Councilman C. Smith, seconded by Councilman Rogers and unanimously approved, the Council made the necessary findings in accordance with the zoning ordinance and granted a rear yard variance to Mr. Rubini allowing him to construct the proposed six - plexes wo within 15 feet of the rear property line. Project No. 1961 -1 City Manager Callinan pointed out the area involved in a proposed amended assessment. Resolution No. .� RESOLUTION DIRECTING MAKING OF AMENDED ASSESS - 67-56 MENT RE. CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 120, PROJECT NO. 1961 -19 ASSESSMENT NO. 4.2. City Manager Callinan discussed the resolution. Page -6- July 17, 1967 Upon motion by Councilman V. Smithq seconded by kAo -Ly U.P_P.L'U V U U Gale reading of Resolution No. 67-56 was - waived and said resolution adopted. Project No.1967-1 Mr. Callinan discussed a resolution accepting the Country Club Dr. & deed of easement from Mr. and Mrs. Owens for this Snyder Lane Sewer project. Trunk Line Resolution A -RESOLUTION ACCEPTING DE.-.',-,-,D OF EASEMENT, CITY OF No. 67°57 ROHNERT PARK, COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES, ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967-1. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, the reading of Resolution No. 6757 was waived and said resolution adopted. Resolution A RESOLUTION ACCEPTING DEED OF EASEMENT, CITY OF No. 67-58 ROHNERT PARK, COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES, ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967-1. City Manager Callina explained and discussed the resolution with the Council. Upon motion by Councilman V. Smith, seconded by Councilnan Rogers, and unanimously approved, the reading of Resolution No. 67-58 was waived and said resolution adopted. Rohnert Park Mr. Hudis, Project Engineer, gave a verbal status Expressway - report on the expressway project. Project No: 1966 ®2 Copeland Creek Mr. Callinan advised that the construction bids Improvement Pro- on the project had been opened on July 14, 1967 ject No. 1967-3 at 2:00 P.M. Mr. Hudis presented the Council ' with the bed results and discussed them with the Council. A general discussion was held regarding the financing of the project, and the part the developers should play in regard to the financing. Upon motion by Councilman Rogers, seconded by Councilman V. Smith and unanimously approvd, the Council went on record as approving the general concept of the development of Copeland Creek and requested staff to set a meeting with the land owners in hopes of putting the financing program together. A discussion was held regarding the present agree• ment for maintenance with Regent Investment Corp. whereby the City is being reimbursed for all operating loss expenses, including Mr. Farquhar's salary. The matter was deferred until an adjourned meet- ing when Mr. Raymond could be present. Men's Golf Club Mr. Callinan reported to the Council that the Use of Course at Rohnert Park Men's Golf Club was having a reduced rates tournament on August 19 and 20, 1967 and request- ed the use of the Rohnert Park Course and a $2.00 green fee. Upon motion by Councilman Rogers, seconded by Mayor Pezonella and unanimously approved, the Council granted permission for the Rohnert Park Men's Golf Club to be charged the reduced rate of $2.00 for green fees for their tournament on August 19 and 20, 19670 Ci rt July 31st meeting Mr. Callinan reminded the Council of the July 31, with Cotati City 1967 meeting with the Cotati City Council and Council discussed preparation of a tentative agenda. Sidewalk Mr. Callinan reported that most of the sidewalks Installation on vacant lots had been installed, that it was hoped that the sidewalk on the corner of Adrian and Southwest would be completed shortly. Page -7- July 17, 1967 Resolution A RESOLUTION AUTHORIZING ACCEPTANCE OF DEED No. 67 -59 EASEMENT (Copeland Creek) Mr. Callinan explained that this was the easement from Sonoma Campus Co. for Copeland Creek. Upon motion by Councilman Roberts, seconded by Councilman Rogers and unanimously approved, the reading of Resolution No. 67 -59 was waived and said resolution adopted. Project No.1967 -1 Mr. Hudis, Project Engineer, gave a verbal status Southwest Blvd. report on the progress of this project. Water Main Acquisition of Mr. Callinan advised that he had hoped to have a Rohnert Park proposed agreement to present to the Council but Golf Course Mr. Raymond of Wilson, Jones, Morton and Lynch, bond counsel, was still working on it. Mr. Callinan discussed and reviewed the letter written by Mr. Raymond concerning the acquisition A discussion was held regarding the present agree• ment for maintenance with Regent Investment Corp. whereby the City is being reimbursed for all operating loss expenses, including Mr. Farquhar's salary. The matter was deferred until an adjourned meet- ing when Mr. Raymond could be present. Men's Golf Club Mr. Callinan reported to the Council that the Use of Course at Rohnert Park Men's Golf Club was having a reduced rates tournament on August 19 and 20, 1967 and request- ed the use of the Rohnert Park Course and a $2.00 green fee. Upon motion by Councilman Rogers, seconded by Mayor Pezonella and unanimously approved, the Council granted permission for the Rohnert Park Men's Golf Club to be charged the reduced rate of $2.00 for green fees for their tournament on August 19 and 20, 19670 Ci rt July 31st meeting Mr. Callinan reminded the Council of the July 31, with Cotati City 1967 meeting with the Cotati City Council and Council discussed preparation of a tentative agenda. Sidewalk Mr. Callinan reported that most of the sidewalks Installation on vacant lots had been installed, that it was hoped that the sidewalk on the corner of Adrian and Southwest would be completed shortly. APPROVED: Joseph 4e o H1a ATTEST: 4� ulty Clerk Page -8- July 179 1967 Theft at B Pool Thin 01 +-(T Mq-nn crn -n ­ 1._._ I - u1104u UVVV Uuudlue speakers and the microphone had been stolen from B Pool, and that the Police Department had re- covered the equipment. Use of easement Mr. Callinan read a letter from Paul Guidice, along Jack London attorney, regarding the use of a 40 foot ease- Hall by Wright & ment by the side of Jack London Hall by Wright Oretsky for addi- and Oretsky for additional parking for the dormi- tional parking toryo Mr. Callinan read an excerpt from the December, 1963 minutes, in which the Council had authorized this useage with the stipulation that the City have access rights to the Well in that I non+i n-n Vhn �U+I-,or4 I— _­ C6 U11 Lzeud staff to i_-__ 1 d "L e the matter. City Attorney's Report Hardin Law Suit Mr. Maxwell reported that Mr. Hardin had changed his attorney again and that if another attorney is hired quickly, the case might go to trial on September 1, 1967. Minutes of Mr. Maxwell commented briefly on the minutes of July 3, 1967 the July 3rd City Council meeting and requested that their approval be held over to the next meeting, by which time he would have discussed the matter with bond counsel, Phil Assaf. Miscellaneous Mr. Callinan reminded the Councilmen that July 19th was Rohnert Park Day at the Sonoma County Fair. Adjournment There being no further business, the meeting was adjourned at approximately 10:00 P.M. to Thursday July 20, 1967 at 7:00 P.M. in the City Offices. De pu City Clerk "y APPROVED: Joseph 4e o H1a ATTEST: 4� ulty Clerk