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1967/01/16 City Council MinutesApproval of Upon motion by Councilman Rogers, seconded by Bills Councilman V. Smith, and unanimously approved, with Councilman Roberts abstaining, the bills presented were approved for payment. A brief discussion was initiated by Councilman Roberts as to a way he could be allowed to vote on the bills and just abstain from voting on those bills presented by his company. City Attorney Maxwell advised that it would be best for Councilman Roberts to abstain from voting whenever a bill from his firm was presented. ROHNERT PARK CITY COUNCIL MINUTES January 16, 1967 The Council of the City of Rohnert Park met this date in regular session at 8:00 P.M. in the City Offices, 435 Southwest Boulevard with Mayor C. Smith presiding. The regular meeting was preceded by a work session which commenced at 7:30 P.M. but at which no formal action was taken. Call to Order Mayor C. Smith called the meeting to order and led the pledge of allegiance. Roll Call Present: (5) Councilmen Pezonella, Roberts, Rogers, V. Smith and Mayor C.Smith Absent: (0) None Staff present: City Manager Callinan, City Attorney Maxwell, Bond Counsel Phil Assaf of Wilson, Jones, Morton and Lynch, and John Quinn of the Sonoma County Planning Department. Call fog Bids Mayor C. Smith called for bids on the sale of on Bonds bonds for Sonoma State Expressway Improvement Sonoma State Project No. 19662. Expressway Mr. Assaf, bond counsel, advised that no bids had been received. He read a letter from the firm of Alex Ward advising that they would be willing to negotiate for the bonds if no bids were received. Approval of Upon motion by Councilman Pezonella, seconded by Minutes Councilman Rogers and unanimously approved, the minutes of January 3, 1967 were approved as submitted. Approval of Upon motion by Councilman Rogers, seconded by Bills Councilman V. Smith, and unanimously approved, with Councilman Roberts abstaining, the bills presented were approved for payment. A brief discussion was initiated by Councilman Roberts as to a way he could be allowed to vote on the bills and just abstain from voting on those bills presented by his company. City Attorney Maxwell advised that it would be best for Councilman Roberts to abstain from voting whenever a bill from his firm was presented. Page ®2- January 16, 1967 Communications incoming communications were brought to the attention of the Council. No action was taken on any of the communications except as specifi- Dally noted in these minutes. 1. A letter from jonoma State College was read requesting release of the funds pledged by the City toward the dedication ceremonies. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, the City Manager was authorized to disburse the $1000 pledged by the City for the dedi- cation of Sonoma State College. Public Hearing Mayor C. Smith declared the public hearing open R. H. Pollard on the zoning request and asked for comments Re- zoning Request from the audience. Portion of AP 143 - 350.06 City Manager Callinan advised that a Notice of Public Hearing had been published and sent to all property owners within 500 feet of the area being considered for rezoning. Mr. Callinan read a letter from the Diocese of Northern California. and advised that a copy of the letter had been sent to the applicant. Mr. Quinn reviewed his staff report with the Council and recommended approval of the appli- cant's request subject to certain conditions which he read. Mr. Callinan suggested that a 10th condition be added to those recommended for the restaurant operation, that being that no curb service would be allowed. Mr. F. G. Lehmann, representing the applicant Mr. Pollard, displayed a scale model of the proposed service station. Councilman V. Smith commented on the conditions for the service station and suggested that under Condition No. 6 the Council require the installa- tion of a sprinkler system. Mr. Pollard, the applicant,agreed to this suggestion. Councilman V. Smith also suggested, under Condition No. 6, sub- paragraph "C", that the wording be changed from "should include" to "shall include trees to mature to 20 feet or more." Mr® Pollard voiced no objection to this suggestion. Rev. E. McNair, representing the Diocese of Northern California, was present and commented that the Church did have reservations about a service station and restaurant being located next to the Church site, however, if the City Page -3- January 169 1967 Council felt it could be accomplished satis- factorily, the Church would work with the applicant in whatever way necessary. There being no one else wishing to be heard9 Mayor C. Smith declared the public hearing closed. A brief discussion was held between the Council, City Attorney, City Manager and the applicant. Councilman Rogers moved that the area of AP 143 -350 -069 as shown on the plat map sub- mitted, be rezoned from "A" to "CS -PD" for the restaurant and service station site, and from "A" to "RM- 1500 -PD" for the multi - dwelling site, subject to the conditions read by Mr. Quinn, including the addition of the condition that no curb service would be permitted for the restau- rant and further subject to the additions and changes suggested by Councilman V. Smith to Condition No. 6 covering the service station, said conditions being on file in the City Offices. City fittorney Maxwell advised that an ordinance was necessary on rezoning matters and that the rezoning could not be accomplished by voice motion of the Council. Councilman Rogers moved that the City Attorney be directed to prepare an ordinance in accordance with the conditions which he, Councilman Rogers, had stated in his previous motion. Said motion was seconded by Councilman V. Smith and unani- mously approved. A breef discussion was held concerning the apart- ment complex to be built in the "RM- 1500 -PD" district. The Council requested that the item of covered parking be brought before the Council prior to the issuance of any permits, under the architectural approval section of the zoning ordinance. F. Till Mr. Quinn reviewed his staff report with the 7658 Bernice Ave. Council. Mr. Callinan reviewed the past action Covering for taken by the Council and staff on the car well Car Well constructed by Mr. Till. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, the Council made the necessary affirmative findings required by the zoning ordinance to grant a variance and approved a permit for the construc- tion of a cover over the existing car well at 7658 Bernice Avenue subject to the conditions recommended by staff and on file in the City Offices. January 16, 1967 Councilman Nezonella moved for the amending of Councilman V. Smith's motion by adding the stipulation that Council approval be subject to the applicant obtaining a building permit within 30 days and completing the structure within 90 days from the date of the building permit. Said motion was seconded by Councilman Rogers and unanimously approved. A discussion was held concerning amending the application form so that the applicant would have to state the hardships involved and the reasons for requesting a variance. At the con- elusion of the discussion, Mayor Smith requested the City Manager put this matter on the agenda for further discussion at the next work session. Forsyth Realty Mr. Quinn reviewed his staff report with the Sales Office Council. 1495 E. Cotati Ave. Upon motion by Councilman Roberts, seconded by Councilman Rogers and unanimously approved, the Council granted a temporary use permit to Forsyth Realty to use the premises at 1495 East Cotati Avenue as a sales office subject to the condi- tions recommended in the staff report and which are on file in the City Offices. Sonoma State Mayor C. Smith declared the public hearing open Expressway on the Changes and Modifications to the project Improvement listed in Resolution No. 377 and asked for Project No. comments from the audience. 1966 -2 City Manager Callinan reported that notice of the changes and modifications and of the public hearing had been given by publication and mailings to the property owners. There being no one wishing to be heard the public hearing was declared closed. Mr. Assaf, bond counsel, reviewed a resolution ordering changes and modifications and presented same for adoption. Resolution No. A RE90LUTION ORDERTNG C7AWG7S AND MODIFICATIONS, 6703 SONOTU STATE FXPiRE'S StVAY 1:? i.PEHOVEMENT PROJECT NO. 1966-2. Upon motion b,r Councilman Roberts, seconded by Councilman Rogers and Unanimously approved, the reading of Resolution No. 67 -03 was waived and said resolution adopted. Page -5- January 16, 1967 Mayor C. Smith declared the public hearing open on the Engineer's Report filed pursuant to Resolution of Intention No. 351. The Mayor asked if there was anyone wishing to be heard and all those wishing to speak were given the opportunity. Mr. Assaf advised that notice of the public hearing had been given by publication, posting, and mailing to property owners. Mayor C. Smith commented on the action taken to date by the Council on this project. Mr. Hudis, Project Engineer, reviewed the con- struction bids opened at 10°00 A.M. on January 11, 1967 in the City Offices. He advised that the low bidder was Arthur B. Siri ,Inc. at $1499864.05. A brief discussion was held con- cerning the bids. Mr. Assaf advised that since no bids had been received on the bonds and because letters of protest had been received, he recommended -that the hearing be continued until February 20,1967. Mr. Callinan presented letters received from Sonoma Campus Company; Santa Rosa Development Company; E. R. Owens and Mr. Callinan's reply to same; Ben Oretsky; and Sonoma State College. The City Manager recommended that the public hearing be continued in order to have time to receive a definite statement from the State Highway Commission on the on -off ramps, and to work with the property owners in an effort to satisfy many of the protests. Mayor C. Smith asked, with the understanding that it was the intention of the Council to continue the hearing to the February 20, 1967 meeting, if there was a;.iyo,ae wishing to be heard. There being no one wiBhing to by heard, the public hearing was continued to February 20, 1967 at 8:00 o'clock P.M, in the City Council Chambers. e J -,.:if 'Ar ro jcct had go c- to bid for 1911 Act- ";o:.,.�?s s.nd no bids 7:�a.d heor. received. and no ono 14,-0. indicated any wi.11- ^.tiff �o ri. ry that t'- e. p- 4locoef,ings be changed to r - °o;;..i.aE: ic:,° i�15 ".�; ` �i and issue. Mr. A ; �a.f. ?end. o, Roso- .ut-ion of 'En.tention 'Go make -+phis A on t'ip, c3o.anges ars1 l.;ond. Page -6- January 16, 1967 Resolution No. A RESOLUTION OF INTENTION TO MAKE CHANGES AND 67 -04 MODIFICATIONS, SONOMA STATE EXPRESSWAY" IMPROVE - MENT PROJECT NO. 1966 -2. Upon motion by Councilman Pezonella, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No. 67 -04 was waived and said resolution was adopted. Commerce Blvd. City Manager Callinan presented a Bill of Sale Improvement and Conveyance which would transfer the under - Project 1965 -3 ground electric facilities installed in Commerce Boulevard as a part of the improvement project to Pacific Gas and Electric Company. Mr. Callinan presented and read a resolution authorizing the execution of the Bill of Sale and Conveyance. Resolution No. A RESOLUTION AUTHORIZING EXECUTION AND APPROVING 67 -05 BILL OF SALE AND CONVEYANCE TO PACIFIC GAS & ELECTRIC COMPANY. Upon motion by Councilman V. Smith, seconded by Councilman Rogers and unanimously approved, Resolution No. 67 -05 was adopted. Ordinance No. 74 AN ORDINANCE TO AMEND ORDINANCE NO. 51 BY CAN - CELLATION OF THE ADOPTION OF THE UNIFORM ELECT!- CAL CODE, 1962 EDITION AND THE NATIONAL ELECTI- CAL CODE, 1962 EDITION AND IN LIEU THEREOF THE ADOPTION BY REFERENCE OF THE UNIFORM ELECTRICAL CODE, 1965 EDITION AND THE NATIONAL ELECTRICAL CODE, 1965 EDITION. City Manager Callinan advised that notice of the public hearing had been posted and published in the newspaper. Mayor C. Smith declared the public hearing open and asked for comm?nts from the audience. There bein.,g; no one wisii:Lr:!g to be heard the public hear:i_n.g was nlose, Upc:e�. Motion _Poberto and secor,",d b,.,r �_rzr o 1m n. ws , ?� s; r . „a::ic waived t., e o � by 11.��i `i. ;} %..'�i,.i.C.._.L•.i'�.i�. L\1,....GJ.�. �_.A, noSlClC� a, ._•- __i }� °'�_�� Page -7- Ordinance No.76 AN ORDINANCE ESTABLISHING TH: SYSTEM, AUTHORIZING THE SALE ING FOR THE ESTABLISHMENT OF TIONS FOR THE ADMINISTRATION SAID WATER SYSTEM. January 16, 1967 E ROHNERT PARK WATER OF WATER AND PROVID- RULES AND REGULA- AND OPERATION OF Upon motion by Councilman Rogers, and seconded by Councilman Roberts, the Council waived the read - ing of Ordinance No. 76 and adopted same by the following roll call vote: AYES: (5) Councilmen Pezonella, Roberts, Rogers, V. Smith and Mayor C. Smith. NOES: (0) None Resolution No. A RESOLUTION ADOPTING AND SUBMITTING A BUDGET FOR 67 -06 EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS. City Manager Callinan reviewed and explained the resolution to the Council. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 67 -06 was waived and said resolution was adopted. City Manager's Report Trees on Adrian City Manager Callinan reported to the Council Drive that the large trees on Adrian Drive, between Southwest Blvd. and East Cotati Avenue, were causing root problems. Mr. Callinan explained that it was the City staff's intention to re- move all these trees and replace them with a type which would not cause these problems. He requested Council endorsement of the program. Upon motion by Councilman Rogers, seconded by Councilman Pezonella and unanimously approved, the Council endorsed the removal of the existing trees and the planting of more suitable trees. M.C.Yoder City Manager Callinan brought to the Council's Sewer Study attention the report submitted by M.C.Yoder and Associates. Mr. C,llina solicited the Council's permission to hold a meeting on January 30,1967 in order that representatives from M.C.Yoder and Associates could appear and discuss the report with the Council. Mr. C llinan also requested authorization to send copies of the report to the County of Sonoma, Cities of Cotati and Santa Rosa, State Water Quality. Control Board, Hugh Codding and to invite them to the meeting on the 30th. Page -8- January 169 1967 Upon motion by Councilman V. Smith9 seconded `by Councilman Rogers and unanimously approved, the Council accepted the report, authorized the release of copies to those that have need for them, and set a discussion meeting for January 30, 1967 at 8:07 P.M. in the Council Chambers. Expense and Budget Mr. Callinan reviewed the December Expense and Report through Budget Comparison Report and called the Council's December 31, 1966 attention to several areas where the income was down from what was budgeted and as a result several items which were budgeted would be de- ferred until a later date, such as the hiring of a City Engineer. Improvement of A discussion was held relative to the improvement E.Cotati Ave. of East Cotati Avenue. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved the Council directed that a letter be sent to the Sonoma County Board of Supervisors, over the Mayor's signature, requesting funds be put in the 167 -68 County budget for the improvement of East Cotati Avenue from the railroad to Petaluma Hill Road. Traffic Control City Manager Callinan reviewed the memorandum on Southwest Blvd. from Chief Koch relative to the traffic study of Southwest and Commerce Boulevards. Mr. Callinan reported that another street light had been order for the crossing area at No Name St. and that the shrubs at the intersection of Alison Avenue and Commerce Blvd. had been removed. Upon motion by Councilman Roberts, seconded by Councilman Rogers and unanimously approved, the Council accepted the recommendations of Chief Koch. Revolving ID City Attorney Maxwell read a letter of agreement Sign which he had prepared for execution by the City and the Rohnert Park Chamber of Commerce rela- tive to the Rohnert Park Identification Sign. Upon motion by Councilman Rogers, seconded by Councilman Pezonella, and unanimously approved, with Councilman Roberts abstaining by reason of being an officer of the Chamber of Commerce, the Council authorized the Mayor to execute the letter agreement. January 16, 1967 Bus Service for City Manager Callinan reported on a discussion College Area. he had with Mr. Townsend, Municipal Transit Coordinator for the City of Santa Rosa, on the possibility of Santa Rosa extending bus service to Sonoma State College through the City of Rohnert Park. Mr. Callinan advised that the College was making a survey to ascertain if enough need existed to justify the service. A general discussion was held with the Council givi3 -g their endorsement to the proposal. School Board Mr. Callinan reminded the Council of the meeting Meeting with the Petaluma High School Board on January 25th at 7000 P.M. City Attorney's Report Agreement with City Attorney Maxwell read a letter agreement Library on Funds which he had prepared concerning funds provided Advanced by ?)y the City to the Santa Rosa- Sonoma County Free Rohnert Park Public Library for the Rohnert Park branch library. Upon motion by Councilman Pezonclla, seconded by Councilman Roberts and unanimously approved, the Council authorized the Mayor to execute the letter agreement. Hardin Law Suit City Attorney Maxwell gave a verbal status report on the Hardin Law Suit. Copeland Creek Mr. Maxwell explained the Copeland Creek Improvement Drainage Plan. Project Mr. Hudis displayed the assessment plan map and discussed the proposed assessment area. Mr. Hudis commented on the type of channels to be constructed and advised that the estimated cost in the drainage plan did not include a new bridge at the railroad or Snyder Lane. Resolution No. A RESOLUTION APPROVING COPELAND CREEK DRAINAGE 67 -07 PLAN. Upon motion by Councilman Rogers, seconded by Councilman V. Smith and unanimously approved, Resolution No. 67 -07 was adopted. Matters from Councilmen: Wally Byam Councilman Roberts commented on the Wally Byam Caravan Caravan coming to this area during June and July and the plans that should be made to accommodate the people. It was the feeling of the Council that the Rohnert Park Chamber of Page -10- January 16, 1967 Commerce should outline an appropriate program and if use of city facilities and /or reduction of rates for use of City facilities is contem- plated, the Chamber should make a request for same from the Council. Councilman Councilman Roberts commended Mr. Golis and Mr. Roberts Fredericks for their efforts, time and money to keep the revolving Rohnert Park sign lighted for the past four years. Mr. Fredericks was present in the audience. Mayor C. Smith, on behalf of the Council, Formally thanked Mr. Golis and Mr. Fredericks for their community spirit and efforts on behalf of the community. Councilman Councilman V. Smith commented on the City of V. Smith Richmond's problem with an organization which is causing City Managers and Councils great problems by opposing the City Manager form of City government. Councilman V. Smith stated that he hoped any member of the Rohnert Park Council approached by any such organization would give serious thought to the objectives of the organization. Councilman Councilman V. Smith initiated a discussion with V. Smith City Attorney Maxwell about the legality of the City of Santa Rosa being able to eliminate their City Treasurer position. Mr. Maxwell advised that this is possible because Santa Rose is a chartered City whereas Rohnert Park is a general law City. It was suggested that the Council might request the legislators in Sacramento to revise the law to allow City Council to determine whether or not the City Treasurer position should beappointive. City Attorney Maxwell stated he would look into the matter. Public Appearances: Mr. Maurice Mr. Fredericks advised the Council that Golis Fredericks and Fredericks had leased 10,000 square feet in the shopping center for a T.G.& Y Department Store. Mr. Fredericks commented briefly on the background of the store chain. Adjournment There being no further business the meeting was continued to January 30, 1967 at 8 :00 P.M. in the Council Chambers. J . APFROV D: Deputy o ity Cl- er or al -ty U1er