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1967/06/05 City Council MinutesCall to Order Roll Call June 5, 1967 The Council of the City of Rohnert Park met this date in regular session at 7 :00 P.M. at the City Offices, 435 South - west Boulevard, Rohnert Park, California, with Mayor Pezonella presiding. Mayor Pezonella called the meeting to order and led the pledge of allegiance. Present: (3) Councilmen Roberts, Rogers and Mayor Pezonella Absent: (1) Councilman C. Smith Late: (1) Councilman V. Smith (time of arrival approxi- mately 8 :30 P.M. and noted specifically in these minutes). Staff Present: City Manager Calli.nan; George Tomilson, Sonoma County Planning Staff; and City Attorney Maxwell who arrived at approximately 7 :45 P.M. Approval of Minutes Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the minutes of May 15, 1967 were approved as submitted. Approval of Bills Upon motion by Councilman Rogers, seconded by Mayor Pezonella, and unanimously approved, the bills presented together with a supplemental list, were approved for pay - ment. Matters From Councilmen Float Trophy Mayor Pezonella displayed the 6th place trophy which the Rohnert Park Float won in the Rose Parade and stated that Mr. Rick Dunning, Float Chairman, had wanted to be present to make the presentation to the Council but had been un- able to do so. Community Attitude Mayor Pezonella initiated a discussion on the Community Survey Attitude Survey and asked that the Council go on record as directing staff to initiate action. Upon motion by Mayor Pezonella, seconded by Councilman Rogers and unanimously approved, the Council requested the staff to formulate a preliminary draft of a survey questionaire. Recreation Commission Councilman Roberts presented the Council with copies of a Proposed By -Laws set of suggested by -laws for the Recreation Commission. Mayor Pezonella requested that the item be put on the next agenda for discussion and recommendations from the Councilmen. Mayor Pezonella commended Councilman Roberts Page -2® June 59 1967 for his efforts said work in the matter. Mayor Pezonella commented on Good Neighbor Dayn and the BBQ and advised that while they had broken even no surplus funds had been raised. Upon motion by Mayor Pezonella, seconded by Councilman Rogers and unanimously approved, the Council authorized the appropriation of $300-00 to the Sonoma State College Foreign Language Institute to be sent with Dr. Cord to the City of Morelia, Michocan, Mexico, for his use for the school children of Morelia. Dr. Cord appeared and thanked the Council for their gener- osity and advised that the Governor of Michocan had called him personally and thanked him profusely and asked him to express his appreciation and thanks to all that had been done for him and his party during their stay in RolLnert Park. Communications Communications were brought to the atle-n-Aulon Of 'URA No action was taken on any of the communications except as specifically noted in these minutes. 307319M71M Resolution No. 67-46 Arrival of City Attorney Maxwell 1. Mr. Callinan advised that there was a letter received from the Chamber of Commerce which did not appear on the list of communications in which the Chamber re- quested the City to include in the 1967.68 budget a sum of $2,500.00 for the Chamber of Comnerc-e. 9, A I o++-%-" f"nrn +Jip Rmnmn. Vniin-hy Dj saster Office was read concerning the Operational Area Concept of Civil Defense. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the Council endorsed the P Area +4^"ni A"n n^-nnap+ nf Civil Defense. AN ORDINANCE ANENDING ORDINANCE NO. 319 BUSINESS LICENSE ORDINANCE, By ADDING PROVISIONS FOR PRORATE OF BUSINESS LICENSE TAX. Mr. Callinan ad-ised that this ordinance had been intro- duced at the May 15th meeting and reviewed the ordinance. Upon motion by Councilman Roberts, seennded by Councilman Rogers and unanimously approved the reading of Ordinance No. 83 was waived and said Ordinance adopted. The City Manager explained the conditions outlined in the agreement. A brief discussion was held. City Attorney Maxwell arrived at this point in the meeting, the time being approximately 7:45 P.M. Page 3 June 5, 1967 Resolution No. 67 -46 Dr. Wm. Cord appeared and questioned several items in the agreement, which were answered to his satisfaction. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 67 -46 was waived and said resolution adopted. Resolution No. 67 -47 A RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT DEED (Arthur Avenue) City Manager Callinan explained that the City Attorney had prepared the resolution and the City Engineer Milt Hudis, had checked the legal description. Upon motion by Councilman Roberts, seconded by Councilman Rogers and unanimously approved, the reading of Resolution No. 67 -47 was waived and said resolution adopted. Resolution No. 67 -48 A RESOLUTION ACCEPTING DEED OF EASEMENTS, CITY OF ROHNERT PARK, COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES - ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967 -1 Mr. Callinan discussed the resolution with the Council. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the reading of Resolu- tion No. 67 -48 was waived and said resolution adopted. City Manager Callinan advised that the deed of easement would not be recorded until it is sure the project will go ahead. Resolution No. 67 -49 A RESOLUTION REQUESTING TRANSFER OF ALL AREA IN THE CITY OF ROHNERT PARK TO THE COTATI ELEMENTARY SCHOOL DISTRICT AND THE PETALUMA HIGH SCHOOL DISTRICT. City Manager Callinan read the resolution. Upon motion by Councilman Roberts and seconded by Council- man Rogers and unanimously approved, Resolution No. 67 -49 was adopted. Sonoma State Express - Mr. Callinan reported that Arthur B. Siri, Inc. has not way Project No.1966 -2 been able to start due to the latest rain. El Colegio Sewer Lines Mr. Callinan advised that the City was still waiting for Project 1967 -1 two easements which hopefully would be received by June 19th at which time bids on the project will be presented to the Council. Southwest Blvd. Water Mr. Callinan advised that the necessary bonds had been re- Main - Project 1967 -2 ceived from Argonaut Constructors and as soon as the weather permitted they should begin work. Page 4 June 5, 1967 Copeland Creek Ire- Mr. Callinan reported that Mr. Hudis, project engineer, provement Project had finished the improvement plans and sent them to the Sonoma County Flood Control and the Northwestern Pacific Railroad for review and that he was now waiting for a reply from these agencies. Golf Course - Receipt, City Attorney Maxwell comment3d on the court order served of service of legal on the City and City Manager Callinan concerning certain suit equipment at the golf course. He advised that he had talked with Mr. Morken, attorney for Regent Investment Corporation and it appears at the present time that the City will have to file an answer to the claim and perhaps appear at the hearing. However, Mr. Maxwell advised that he was trying to get the matter settled without involving the City in any expense. General Plan for . a;r. Callinan commented on the copies of letters received Rohnert Park, Cotati, from Supervisor Shoemaker and Robert Nicholson concerning Sonoma State College, the 1967 -a68 County budget monies to start the preparation Pnnnrnrmrn s "nn nf' a rnov9ow.ol w�l�vn �'n» hc. T)^I,, ^-4- Dn.7. rlo4 -a4-4 'Dnsn,n.»v...w x%.o4" s. u .+. ct.�.ia., ww vw Vi 9 r ctul�jl.v V c Brea. Mr. Callinan reported on a meeting held with Cotati, Sonoma State College and County staff members concerning this matter. A discussion followed on the plans and studies already conducted and paid for by Rohnert Park and the possibility of credit being given Rohnert Park for the monies already expended. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the Council went on record as supporting the preparation of an area -wide general plan and expressing Rohnert Park's willingness to pay its fair share of said plan. Planning and Zoning Matters File 0039 - Petaluma City Manager Callinan advised that notice of the public Auto Car Wash d public hearing had been published and notices sent to the inter - hearing for revocation ested parties. of use permit Mayor Pezonella declared the public hearing open and asked for comments. Planner George Tomilson read the staff re- port. City Manager Callinan stated that he met with Mr. Lieb at 9:00 AM this morning at which time some of the debris around the car -wash was removed. Mr. Callinan ad- vised that Mr. Lieb also stated that they would take care of the weeds. Mr. Callinan advised that he had suggested that tle planting strips be rocked in and shrubs planted. Mr. Lieb, owner of the Car Wash, was present and asked for a two week con- Unuance of the hearing in order to mow the weeds. Dr® William Cord appeared and asked why it had taken so Page 5 June 5, 1967 long to get anything done and why the Council was being asked to continue this type of arrangement. Mr. Bill Ayes, President of the Homeowners Assn., appeared and reported that part of the roof was blowing off the building and questioned maintenance on the building and premises, stating that he had never seen any evidence of maintenance being performed. Mr. Lieb stated that the roof would be fixed and the area cleaned up. A brief discussion was held upon the conclusion of which Councilman Rogers moved and Councilman V. Smith seconded a motion that the request be denied. The motion was unani- mously approved. Progress on General Mr. Lehmann was present and discussed the proposed general Plan being prepared plan for Rohnert Park and. surrounding area and commented by General Planning on the land use and economic development designed into the Corporation plan. Mr. Lehmann also discussed the circulation plan. Upon conclusion of the presentation the Council requested that copies of the preliminary text be sent to the County Planning Department for review and comment. Undergrounding of City Manager Callinan read letters from P. G. & E. and Utilities on East Pacific Telephone advising that they could not absorb the (gin cost of undergrounding the utilities on East Cotati Avenue. Mr. Callinan reported that the County Board of Supervisors had gone on record as taking no action in the matter and that the City of Cotati had questioned the intent of Mr. Callinan. Upon motion by Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the public hearing was continued until June 19, 1967. File #0065 - H.Rubini City Manager Callinan advised the Council that Mr. R. Jones V riance request for was the agent for Mr. Rubin and reported that when the side or rear yard for matter was placed on the agenda he thought only the variance proposed six -plex on on the side or rear yard would be necessary, however, Mr. Beverly Drive Tomilson has pointed out that there would be other vari- ances required. Mr. Tomilson reviewed his staff report and pointed out five different areas where the plans did not meet the zoning ordinance and where variances would have to be granted. Arrival of Council- Councilman V. Smith arrived at this point in the meeting, man V. Smith the time being approximately 8:30 P.M. File No. 0065 Mr. Jones, representing the applicant, was present and discussed the overall plan for all the lots owned on Beveraly Drive pointing out that financing would have to be on each lot although the plot plan presented was de- signed as a complex for the two lots involved. A brief discussion was held upon the conclusion of which Councilman Rogers moved and Councilman V. Smith seconded a motion that the request be denied. The motion was unani- mously approved. Progress on General Mr. Lehmann was present and discussed the proposed general Plan being prepared plan for Rohnert Park and. surrounding area and commented by General Planning on the land use and economic development designed into the Corporation plan. Mr. Lehmann also discussed the circulation plan. Upon conclusion of the presentation the Council requested that copies of the preliminary text be sent to the County Planning Department for review and comment. Undergrounding of City Manager Callinan read letters from P. G. & E. and Utilities on East Pacific Telephone advising that they could not absorb the (gin cost of undergrounding the utilities on East Cotati Avenue. Mr. Callinan reported that the County Board of Supervisors had gone on record as taking no action in the matter and that the City of Cotati had questioned the intent of Mr. Callinan. Page 6 June 5, 1967 o A lengthy discuss on followed upon th - L.L t111W the City Manager was asked to continue working with the utility companies in the hopes that a solution would be reached. Project 1956-1 Public City ManagerCallinan explained the area covered by the Hearing on Amended amended assessment; advised that the engineer's report had Assessments been filed with the City Clerk; and that the notice of public hearing had been published. Mayor Pezonella, declared the public hearing open and asked for comments. There being no one wishing to be heard, Mayor Pezonella declared the public hearing closed. Resolution No. 67-50 A RESOLUTION CONFIRMING AMENDED ASSESSMENT, PROJECT NO. 1956-1, ASSESSMENT NOS. 6.9.2 and 6.9.3 Upon motion by Councilman V. Smith, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 67-50 was waived and said resolution adopted. Kanaer's Rupert Water for South of City Manager Callinan explained a proposed project to East Cotati Avenue extend water service to Mr. Pollard's property south of East Cotati Avenue by connecting to the Coyote Acqueduct. Mr. Callinan advised that the cost of the tie-in to the Coyote Acqueduct would be approximately $5000.00 and the cost for required water mains would be approximately $5.00 per foot. Mr. Callinan also advised that there should be sm-ple money in, t-he 81-90-0.0 -nl� 0^"� nvl+ +� & _() --- ---- ----- elm— � ------- cover the cost of the project, however, if there was not enough to do the project, Mr. Callinan advised th,,Vo he had spoken to Mr. Pollard stating that the City would expect Mr. Pollard to put up the money and enter into an appro- priate refunding agreement. A discussion followed upon the conclusion of which Council- man V. Smith moved, and Councilman Roberts seconded a mo- tion to authorize staff to pursue the project as outlined. The motion was unanimously approved. Claim Against McGuire Mr. Callinan discussed the broak that occurred several and Hester months ago in the water main at the Copeland Creek bridge. Project 1965-3 Argonaut Constructors repaired the line and the City re- quested for payment for same from McGuire and Hester since both the Engineer M. Hudis and Mr. Wiggins, Supt. of Public Works felt the break was the result of inadequate backfill for the bridge constructed by McGuire and Hester. Mr. Callinan advised that the insurance company for McGuire and Hester had replied that they will not assume the res- ponsibility nor the bill incurred for the repair of the damaged water line. City Attorney Maxwell pointed out that the reason the City required one year maintenance bonds was for such matters as this, and whereas, the City might assist in whatever way Page 7 June 5, 1967 it could in having McGuire and Hester pay the outstanding repair bill to Argonaut Constructors, the City should not get involved. The Council acknowledged Mr. Maxwell's opinion but directed staff to assist Argonaut Constructors in trying to get McGuire and Hester to pay for the repair of the line. Acquisition of the Mr. Callinan advised that there had been a meeting with Golf Course Regent Investment Corp. and they were negative in the City' offer of $3009000.00 for the course. Mr. Callinan outlined the possible terms of a long term lease and other conditio= suggested by Regent as part of any agreement with the City for the purchase of the course. A lengthy discussion followed upon the conclusion of which the Council advised the City Manager to continue to offer $300,000.00 for the purchase of the course and if need be, a special meeting should be called to discuss any new developments. Mr. Callinan reported to the Council that Mr. Paul Lynd was no longer working at the pro -shop. Councilman Rogers stated that he knew of a, college student who would perhaps be willing to collect the green fees and keep the course open for the time being. Annexations 4 & 5 The City Manager reported that despite protests from other entities the LAFC approved Annexations No. 4 and 5. Mr. Callinan further reported that the LAFC had adopted a policy whereby anyi;ning south of the Laguna de Santa Rosa would be within the City of Cotati sphere of influence and anything north of Annexation No. 5 would be within the City of Santa Rosa's sphere of influence. Sizing of sewer Mr. Callinan initiated a discussion on oversizing certain lines to Anderson El Colegio sewer lines to serve the Anderson property to property the east. Mr. Callinan advised that he had requested Mr. Anderson to pay for the oversizing and that Mr. Anderson had indicated he would be willing to do so. A brief discussion followed regarding the payment for the line out of the per acre assessment. Mr. Forsyth of Sonoma Campus Company commented on the City's agreement with Valley View Land & Development Company concerning sewer lines. Heid Report for Mr. Callinan reported on the report submitted by Engineer Cotati's sewerage Robert Heid to the Cotati City Council relative to sewage treatment treatment and disposal. Councilman Rogers Councilman Rogers left the meeting at this point, the time Leaves meeting `being approximately 10:10 P.M. Heid Report Mr. Callinan advised that he had transmitted copies of the report to Engineer Milt Hudis and Mr. J. Voegtle of M. C. Yoder Associates for their review and comment. He also Page 8 June 5, 1967 reported that he had requested the Cotati City Council to hold off taking any action on the report until the comments of the above engineers have been received. Vacation request for City Manager Callinan requested authorization to take a City Manager vacation starting on or about June 21, 1967 and requested approval of his appointment of Mr. Wiggins to serve as City Manager Pro-Tempore during his absence. Upon motion by Councilman V. Smith, seconded by Councilman Roberts and unanimously approved, the Council authorized the City Manager's vacation request and approved the appoint meat of Mr. Wiggins as City Manager Pro- Tempore during Mr. Callinan's absence. Resignation of Mr. Mr. Callinan reported that Mr. Colas had resigned from the Golis from Robnert City of Rohnert Park Recreation Corporation Board of Direc- Park Recreation Corp. tors and that the remaining directors would meet sometime this month to appoint a successor; a budget; and submit n+bp" anr.°nma."+A ranl�irare by �ha linnc� iv�r7t�vrhl7r� n i hP .nk of America, the bond indenture trustee. Mr. Callinan advised that he had thought of approaching Mr. Fredericks or Mr. Swenson about the possibility of their filling Mr. Golis' vacancy. The Council requested the matter scheduled for the .Tune 19ti. meeting. Hiring of City Mr. Callinan reported that to date he has received approxi - Engineer mately 19 applications for the position of City Engineer and asked if the Council desired to participate in the final interviewing and hiring. The Council unanimously authorized the City :manager to handle the screening, interviewing and selection of the City Engineer in the same manner as normally done for other City positions. City Attorn !q RepArt Bill of Sale for Wil- Mr. Maxwell advised that the railroad has purchased the. fred Grade Crossing material to construct the Wilfred Grade Crossing and now, because of the delay in construction of the road approaches . they feel the City should pay for the material they have purchased. Mr. Callinan reported that he had talked with the Gulf Oil Company representative today and had been advised that they are trying to get the road on the west side of the crossing constructed as soon as possible. Mr. Callinan also reported that Engineer Hudis had prepared plans for a temporary road on the east side of the crossing at the present tame. Page 9 June 5, 1967 Mr. Callinan reported that the Division of Highways had been approached and the City had received approval to use gas tax monies for the construction of the grade crossing. A discussion followed regarding payment by the property owners for some of the improvements and the road work in- volved. The City Attorney questions the contingency in the railroads request for payment and suggested that the City Manager ask for more information from the railroad concerning the bill they had submitted. Hardin Law Suit Mr. Maxwell reported that the trial will probably be set for September and that he will be taking a deposition from Mr. Hardin within the next month. Development Policy Mr. Maxwell advised that he had been studying the matter and and Annexation Fees that he had several recommendations and perhaps he and the committee could sit down and discuss them before presenting them to the full Council. Public Appearances Art Howard, Mr. Art Howard appeared and requested the setting of a Sonoma Campus Co. special meeting to discuss the City's agreement with Valley View Lend & Development Co. A brief discussion followed, and Mr. Howard was requested to submit a list of the points in question before any meeting date would be set. Adjournment There being no further business the meeting was adjourned at approximately 10:30 p.m. until June 6, 1967 at 8 :00 p.m. in the City Offices. Deputy C' y Clerk Approved: V Mayor beeph A. Pezonella t. Attest: City 0 lerk