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1975/01/06 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES January 6, 1975 The Council of the City of Rohnert Park met this date in regular session commencing at 7:15 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Beary presiding. The - regular session was pre- ceded by an executive session which commenced at 7:00 p.m. and at which all Councilmen and City Manager Callinan were present, and which was held to discuss litigation and personnel matters. Call to Order Mayor.Beary called the meeting of the regular session to order at approximately 7:15 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary Absent: (0) None. Staff present for all or part.of the meeting: City Manager Callinan, City Attorney Flitner, City Engineer Brust, Planning Director Skanchy, Director of Parks and Recreation Pekkain, Bond Counsel r1lillp Assaf, ild CU11$li1L Lllg Ellg Llleel' lludiS• Invocation Rev. A. M. Lewallen, Pastor of the First Baptist Church of Rohnert Park, offered an invocation prayer for the new year, Approval of Minutes Upon motion of Councilman Flores, seconded by Councilman Hopkins, and approved with Councilman Smith abstaining, the minutes of December 2 and 9 were approved as submit- ted. Councilman Smith stated for the record he abstained due to his absence from the December 2 and 9 meetings. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the bills presented per the attached list in the amount of $55,903.79 were approved. Communications Communications per the attached outline were brought to the attention of the Council.. No action was taken on any communication except as noted specifically in these minutes. Communications from City Manager Callinan noted the communications received Citizens in Country from Don Mailander and Edward Thomson requesting recon -. Club Estates Area re sideration of site plan approval for McKellar and Associ- McKellar 'I' Associates ates townhouse project north of Eleanor Avenue and Townhouse Project- requesting that Councilman Flores' vote be disallowed. File No. 0336 Mayor Beary requested City Attorney Flitner to give his legal opinion concerning the possible conflict of inter- est on-the part of Councilman Flores due to his residence in the Country Club Estates area. Page 20 January 6, 1975 City Attorney Flitner opined that there was no contractual interest on the part of Councilman Flores upon which to base a conflict of interest finding and that his mere residence,in the area did not consitute a conflict of interest. Mr. Don Mailander, 904 Edna Court, was -recognized. He commented that it was disturbing to him that Councilman Flores did not bring out his residence in the area and was also concerned that Mr. Flores was living in a house of the same approximate value as the townhouses to be built. He reviewed his letter to the Council dated December 20 and petition dated December 23 and asked that the request for reconsideration of site plan approval be deferred to the next meeting. He noted that the resi- dents in the area had not received notification of this meeting. City Attorney Flitner explained the City code require- ments go beyond the state requirements for notification and that the city was in over compliance with state law. Mr. Flitner advised that if it was desired to have a decision of the Council overturned that the burden was upon Mr. Mailander and his group to show new facts that were not considered at the public hearing held by the Councilmon December 16. A lengthy discussion followed. Mr. Al Leaf, 5316 Eunice, was recognized. He spoke con- cerning difficulties in getting their child into kinder- garten and the apparent overcrowding of schools. Planning Director Skanchy noted the written responses of the Petaluma School District Superintendent and Cotati- Rohnert Park Elementary School District Superintendent concerning the development, both of which indicated the development posed no immediate problems for the school districts. Mr. Skanchy also briefly reviewed his staff report dated January. 6, 1975. Discussion followed. Mr. Vern Avila of Avila Enterprises was recognized. He advised that time was of the essence on this project since the developer expected to start bidding the job the following week. He urged that the matter not be delayed in any way. Further discussion followed. Councliman.Hopkins Councilman Hopkins left the Council Chambers during the Leaves and Returns above discussion, the time being approximately 7:55 p.m. He returned at approximately 7:57 p.m. Councilman Smith made a motion to reconsider the site plan at the next meeting on the basis that the city did not follow its normal policy in notifying residents which resulted in the residents not baring due process. The mot_Lon failed on the following roll call vote: AXES: (2) Councilmen Eck and Smith Page 30 January 6, 1975 NOES: (3) Councilmen Flores, Hopkins, and Beary A brief discussion followed with Mr. Mailander partici- pating. Jack Harte re Capital City Manager Callinan briefly reviewed his meno to the Outlay Fee.Ordinance Council dated January 3 concerning Mr. Harte's appearance to request a change in the ti�,�e for payment of the fee on the Capital Outlay Fund until occupancy. Mr. Jack Harte was recognized. He commented that since the Capital Outlay Vund.Fee is collected for park and recreational facilities development and these are not needed until residents are present, he felt there would be no harm in collecting the fee after houses were occu- pied rather than at the building permit stage. Discussion followed. Councilman Smith made a motion to survey those cities that exercise this type of fee collection to determine at what stage the fee is collected. Discussion followed. The motion died for lack of a second. The Council indicated that no change should be made in the time of collecting the Capital Outlay Fund Fee. Project No. 1974 -7 City Manager Callinan noted he was a minority stockholder Country Club Estates, in Rodavco, one of the subdividers in the subject project, Subdiv. No. 6 reviewed his memo to the Council dated January 3, and advised that Bond Counsel Assaf and Project Engineer Hudis were present to answer any questions of the Council. Bond Counsel Assaf advised that notice of the public hearing had been posted, published and mailed as required by law; that a 100% petition had been filed with the City Clerk requesting the assessment district; and an affidavit filed under Section 2304.2 of the Streets and Highways Code concerning the existence of mortgages or trust deeds on the property proposed to be assessed. Mayor Beary announced that this was the time and place of hearing on the Engineer's Report prepared pursuant to the Municipal Improvement Act of 1913 and Resolution of Intention No. 74 -166. Project Engineer Hudis submitted the Engineer's Report, explained the assessment` diagram on display, and advised the assessement had been spread equally on each of the lots on the basis that each benefited equally from the improvements. aence received and no none df?sired tO 1VU CVrS'espvnu.caa.�c `vduS r speak to the matter. After discussion and consideration by the Council, the hearing was ordered closed. Page 4. January 6, 1975 Resolution No. 75-01 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 74-166, COUNTRY CLUB ESTATES, SUBDIVISION NO. 6, PROJECT 1974-7 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75-01 was waived and said resolution was adopted. Resolution No. 75-02 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT CON- FIP1,1ING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, COUNTRY CLUB ESTATES, SUBDIVISION NO. 6, PROJECT 1974-7 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75-02 was waived and said resolution was adopted. Resolution No. 75-03 A RESOLUTION DESIGNATING COLLECTION OFFICER, COUNTRY CLUB ESTATES, SUBDIVISION NO. 6, PROJECT 1974-7 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75"03 was waived and said resolution was adopted. Resolution No. 75-04 A RESOLUTION AWARDING SALE OF BONDS, COUNTRY CLUB ESTATES, SUBDIVISION NO. 6, PROJECT 1974-7 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75-04 was waived and said resolution was adopted. Rasolution No. 75-05 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ACQUISITION OF IMPROVEMENTS, COUNTRY CLUB ESTATES, SUBDIVISION NO. 6, PROJECT 1974-7 Bond Counsel Assaf explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75-05 was waived and said resolution was adopted. Ordinance No. 250 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Parking Require- ments) City Manager Callinan explained the ordinance. Upon motion of Councilman Smith, seconded by Councilman ordinance No. 251 Ordinance No. 252 Ordinance No. 254 Page 50 January 6, 1975 Hopkins, and unanimously.,appr6yed, reading of Ordinance ...No,,250 was waived and said ordinance was adopted. AN ORDINANCE OF THE CITY OF,R ' OHNERT PARK REPEALING ORDINANCE NO'. 2 OF THE''CITY OF ROHNERT PARK (RELATING TO CITY GOVERNMENT, PROVIDING FOR THE TIME AND PLACE OF MEETINGS OF THE CITY COUNCIL AND THE KEEPING OF BOOKS AND RECORDS) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 251 was waived and said ordinance was adopted. AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING ORDINANCE NO. 42 OF THE CITY OF ROHNERT PARK (AMENDING ORDINANCE NO. 18, CHANGING THE TIME FOR LICENSING DOGS AND PROVIDING FOR CONFINEMENT OF CERTAIN DOGS) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 252 was waived and said ordinance was adopted. AN ORDINANCE OF THE CITY OF ROHNERT PARK PROVIDING FOR THE DEFINITIONS APPLICABLE GENERALLY TO ORDINANCES OF THE CITY OF ROI ' 1NERT PARK, AND PROVIDING FOR RULES OF CONSTRUCTION FOR THE ORDINANCES OF THE CITY OF ROHNERT PARK City Manager Cailinah explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 253 was waived and said ordinance was introduced. AN ORDINANCE GRANTING A RIGHT OF ENTRY TO AUTHORIZED CITY OFFICIALS FOR THE,INSPECTION OF BUILDINGS AND PREMISES FOR THE ENFORCEMENT OF THE PROVISIONS OF THE CITY OF ROHNERT PARK ORDINANCES City Manager Callinan explained the ordinance. Mr. Alan Fillman 7604 Adrian Drive, was recognized and asked for clarification regarding right of entry by city officials. City Attorney Fiitner opined that residents must give permission for entry and if they do not, then a search warrant must be obtained if there is reasonable cause for inspection. Mr. Richard Metz, 1283 Camino Coronado, was recognized. He inquired why the ordinance was needed. Page 6. January 6, 1975 City Attorney Flitner explained that the city had engaged Book Publishing Company to codify the city ordinances and that company had recommended that this ordinance be enacted, as well as others, for purposes of clarificla- tion. Discussion followed during which Mr. Flitner read a portion of the ordinance. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, Ordinance No, 254 was introduced, Ordinance No. 255 AN ORDINANCE OF THE CITY OF ROHNERT PARK ADOPTING A GENERAL PENALTY City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Ordinance No. 255 was waived and said ordinance was introduced. Ordinance No.'256 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING ORDINANCE NO. 49 (AN ORDINANCE ESTABLISHING AN INDUSTRIAL DEVELOPMENT COMMISSION FOR THE CITY OF ROHNERT PARK, CALIFORNIA) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman; Flores, and unanimously approved, reading of Ordinance No. 256 was waived and said ordinance was introduced. Ordinance No. 257 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING ORDINANCE NO. 22 (AN ORDINANCE RELATING TO CIVIL DEFENSE AND DISASTERS) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Ordinance No. 257 was waived and said ordinance was introduced. Ordinance No. 258 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING ORDINANCE NO. 5 (AN ORDINANCE PROVIDING FOR THE APPLI- CATION OF THE COUNTY OF SONOMA BUILDING ORDINANCE TO THE CITY OF ROHNERT PARK) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Ordinance No. 258 was waived and said ordinance was introduced Ordinance Nom 259 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING ORDINANCE NO. 37 (AN ORDINANCE AMENDING ORDINANCE: NO. 8 REGARDING LIMITATIONS UPON THE ISSUANCE OF BUILDING,, ELECTRICAL, AND PLUMBING PERMITS) Page 7. . January 6, 1975 City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Ordinance No. 259 was waived and said ordinance was introduced. Ordinance No. 260 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING ORDINANCE NO. 3 (AN EMERGENCY ORDINANCE- RPPL71ING CERTAIN REGULATIONS TO THE SUBDIVISIONS OF LAND, THE USE OF LAND, BUILDINGS AND STRUCTURES, TO THE ERECTION, CONSTRUCTION AND ALTERATION OF BUILDINGS, STRUCTURES AND IMPROVEMENTS WITHIN THE CITY OF ROHNERT PARK, AND PRESCRIBING THE PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS HEREOF) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of ordinance No. 260 Was waived and said ordinance was introduced. Ordinance No. 261 AN ORDINANCE AMENDING ORDINANCE NO. 190, AS AMENDED BY ORDINANCE NO. 216 (CHANGING CAPITAL OUTLAY FUND FEE SCHEDULE) City Manager Callinan explained the ordinance and review- ed his memo to the Council dated January 3 concerning same. Upon motion of Councilman Hopkins, seconded by:pounci:lman Smith, and unanimously approved, reading of Ordinance No. 261 was waived and said ordinance was introduced. Recess Mayor Beary declared a recess at this point in the meeting, the time being approximately 8:45 p.m. Reconvene Mayor , Beary reconvened the . meeting at approximately 9:05 - with all Councilmen present. Ordinance No. 254 Discussion was held concerning Ordinance No. 254 and concerns expressed by residents during the recess. Upon motion of Councilman Hopkins, Seconded by Councilman Smith, and unanimously approved, clarifying language will be added to Ordinance No. 254 as introduced to provide that when authorized city officials do request access to private property that they indicate to the resident that they have the right to refuse.. Further discussion followed regarding the definition of an ttauthorized city official" with Chet Crowley parti- cipating. City Attorney Flitner opined that the appropriate city official could be designated in the applicable ordinance, i.e. Fire Officer in fire code ordinances. Page S. January 6, 1975 File 0386, McKellar and Mayor Beary initiated a discussion concerning the motion Associates Townhouse made by Councilman Smith to "reconsider the site plan at Project the next meeting..." and how that differed from postpon- ing discussion of the matter. City Attorney Flitner opined that if the matter were postponed the property owner might still go ahead with the project since there was no change in anyone's posi- tion; that postponing decisions to another meeting simply delays the decision. A lengthy discussion fol- lowed. Resolution No. 75-06 RESOLUTION ION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A STATEMENT OF ASSURANCES IN CONNECTION WITH THE CIVIL RIGHTS ACT OF 1964 City Manager Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75-06 was waived and said resolution was adopted. Councilman Hopkins Councilman Hopkins left the Council Chambers at this Leaves and Return$ point in the meeting, the time being approximately 9:20 p.m, He returned at approximately 9:21 p.m. Resolution No. 75-07 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING A POLICY CONCERNING FLOOD HAZARDS City Manager Callinan explained the resolution. Upon.motion of Councilman Hopkins, seconded by Councilman Flores, and unanimou sly,approved, reading of Resolution * No. 75-07 was waived and said resolution was adopted. Resolution No. 75-08 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING A POLICY FOR THE REVIEW OF FLOOD HAZARDS RELATING TO LAND DEVELOPMENT City Manager. Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, reading of Resolution No. 75-03 was waived and said resolution was adopted. Resolution No. 75-09 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DESIGNATING A REPRESENTATIVE TO THE JOINT CITY- COUNTY TECHNICAL ADVISORY STAFF COMMITTEE ON THE HOUSING AND COMMUNITY DEVELOPMENT ACT City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75-09 was waived and said resolution was adopted. Page 9. January 6, 1975 Resolution No. 75-10 RESOLUTION SETTING RATES FOR ROHNERT PARK MUNICIPAL GOLF COURSE City Manager Callinan explained and reviewed the reso- lution. Upon motion of Councilman Hopkins, seconded by Councilman F i n n -ores, au uanimuUS-Ly appl, t:: Vug l•udul ng 0J. No. 75-10 was waived and said resolution was adopted. Resolution No. 75-11 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 7, PROJECT.NO. 1956-1, ASSESSMENT NOS O 6.9.3.3.1, 6.9.3.3.2, 6.9.5.1.1, 6o9.5.2, 6.52.1,11.1 and 6.52.2.3 City Manager Callinan explained the resolution and pointed out the area of the amended assessment on the General Plan map displayed. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75-11 was waived and said. resolution was adopted. Cable TV Rate City Manager Callinan noted a letter received from Tom Adjustment Frenaye objecting to the requested increase in rates by Storer Cable TV, reviewed the proposed resolution that he had drafted and his memo to the Council dated January 3 and advised he had met with representatives of Storer Cable TV during the recess and there were some points in the proposed resolution with which they did not agree. Mr. Jack Harper of Sgx was recognized. He commented 'regarding the provision in the proposed reso- lution requiring telecasting of Santa Rosa's Channel 6 in Rohnert Park advising that even though negotiations had been going on for over 18 months to do this, no final arrangements had been made and could not be guaranteed; but that Storer could provide the five hours of public access type program.origination per month by purchase of additional equipment. A lengthy discussion followed with Mr. Harper participating. Councilman Smith made a motion, se onded by Councilman Hopkins, to grant the requested rate increase with review in 12 months subject to: (1) five hours of local pro- gram origination capability with Storer Cable TV assuming all costs for same; and (2) the addition of three addi- tional FM channels within six months. Mr. Alan Fillman, 7604 Adrian Drive, was recognized. He commented that he had received many complaints from a I ends al Q+__ of the nintilre Lr.L � 4 - — --. --- and going off four and five times a.day. Mrs. Mary.Mori, 1289 Camino Coronado, was recognized. She commented concerning her calls for repair from Page 10. January 6, ?975 Storer and the service man's remarks that the system was out because of the Channel 9 transmitter. Mr. Harper responded that her complaints would be checked into and resolved. Mr. Chet Crowley, 8685 Laurelwood, was recognized. He commented generally a -out TV going off continually and that Storer should not be given an increase in rates until the service is improved. Patricia Metz, 1283 Camino Coronado, was recognized. She commented she and her husband had signed papers when buying their home that they would not install a TV antenna and therefore had no choice but to subscribe to Storer Cable TV if the were to have television reception. City Manager Callinan explained that as part of the plan- ning process the city had agreed to 45 foot wide lots in that particular subdivision in "C" section and in return had requested that no TV antennas be installed, among other things, for community aesthetics, and that the subdivision's covenants had said condition. Discussion followed concerning service complaints with Storer Cable TV. Mr. Harper advised their records showed that only 1.5% of the complaints received at the local Storer office were Storer problems; that the remainder were due to power outages, or other causes. Mr. Ray O'Toole, Business Manager for Storer Cable TV, was recognized. He commented that cable television was a service type business and that Storer certainly wanted to provide good service; that if complaints were reported and not taken care of properly, Mr. Harper should be con- tacted. Mr. Lyle Amlin, 382 Burton Avenue, was recognized. He commented his television set had gone off 2 or 3 times and occasionally had some minor problems with the service but it did not bother him. Mr. Ray O'Toole was again recognized. He suggested that a community group be formed to determine what is desired for the public service programs to be aired. Mr. Bryce Suderow of Penngrove was recognized. He com- mented he had lived in Rohnert Park for about 6 months and had only had minor problems with television twice. Mr. Lyle Amlin was again recognized. He commented he felt the City Council should stay out of the media busi- ness and let Storer Cable TV decide what should be aired. Mr. Dave Mori, 1289 Camino Coronado, was recognized. He commented on Storer's taping of the Rohnert Park Founder's, Page 110 January 6, 1975 Day Parade-which had not been successful... Discussion followed. Councilman Eck made.an amendment to Councilman Smith's motion to require Storer to add'sufficient FM stations over the next year to approach a total of 20. Discussion followed. Councilman Eck's motion died for lack of a second, Councilman Smith's motion was approved by the following roll call vote: AYES: (3) Councilmen Flores, Hopkins, and Smith NOES: (2) Councilmen Eck and Beary Resolution No 75-12 RESOLUTION APPROVING INCREASE IN STORER CABLE TV, INC. MONTHLY CHARGES Resolution No, 75-13 Upon motion of Councilman Smith, seconded by Councilman Hopkins, and approved,by the following roll call vote, Resolution No. 75-12 was adopted as amended: AYES: (3) Councilmen Flores, Hopkins, and Smith NOES: (2) Councilmen Eck and Beary A brief discussion followed during which it was requested that discussion of a committee that might be appointed to determine content of program origination be scheduled for the next regular meeting, RESOLUTION APPROVING CHANGE IN POLICY FOR USE OF COMMUNITY CENTER AND NEIGHBORHOOD RECREATION BUILDINGS City Manager Callinan explained the resolution and reviewed his memo to . the Council dated January 3 concern- ing same. Discussion followed with Director of Parks and Recreation Pekkain participating. Councilman Flores made a motion,.seconded by Councilman Eck, to set a non-refundable cleaning fee for residents At $25 and for non-residents at $40. The motion failed by the following roll call vote: AYES: (2) Councilmen Eck and Flores NOES: (3) Councilmen Hopkins, Smith, and Beary Upon motion of Councilman Flores, seconded by Councilman Hopkins, and approved by the following roll call vote, Resolution No. 75-133 KWS opted_! AYES: (4) Councilmen Flores, Hopkins, Smith, and Beary NOES: (1) Councilman Eck Page 12. January 6, 1975 Resolution No. 75 -14 APPROVING AGREEMENTS WITH STATE OF CALIFORNIA City Manager Callinan explained the resolution approving the agreement for temporary use of Slate fire fighting equipment. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 75 -14 was waived and said resolution was adopted. Waste Water Treatment City Manager Callinan reviewed his memo to the Council and Disposal dated January 3 concerning waste water treatment and dis- posal and requested Council authorization to proceed with solicitation of quotes for four aerators on an emergency basis by reason of needing to make improvements as soon as possible at the city's waste water treatment plant. Discussion followed with City Engineer Brust participating. Upon motion of Councilman Flores, seconded by Councilman .Smith, and unanimously approved by the following roll call vote, staff was authorized to proceed on an emergency basis and obtain quotes for aerators as requested: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary NOES: (0) None City Manager Callinan advised that Engineer Hudis had prepared the plans for the interceptor and they are being reviewed by City Engineer Brust; that the city had received verbal approval from the state to modify the existing pump station at the plant rather than installing a new one as suggested by Montgomery Engineers; that a verbal extension of time had been received from the state in which to submit plans and specifications with written confirmation to follow. He further advised that the time- table with the City of Santa Rosa for the joint powers agreement had been slowed down by several factors. Discussion followed. City Engineer Brust advised that January 31 was the new deadline for Hudis Engineering plans for the interceptor to be submitted to the state, and February 20 the new deadline for Montgomery Engineers submittal on the pump station modifications. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved, staff was authorized to direct Montgomery Engineers that modifications to the existing pump station were preferable to a new pump station. Discussion was held concerning the latest notice from the Regional Water Quality Control Board and the pressure Page 13. January 6, 1975 being received by the staff. City Manager Callinan advised that indications were that the city would be requested to initiate a program to monitor connections so the 1.5 MGD is not exceeded. In response to a question from the Council, City Engineer Brust advised that the diversion channel recently in- stalled at the plant was making some improvement in the suspended solids but not enough to eliminate the need for aerators, Automatic Water, City Manager Callinan reviewed his memo to the Council Quality Equipment for dated January 3 concerning automatic water quality equip- Benecia Pool ment for Benecia Pool and the memos from Parks and Rec" , reation Director Pekkain with comments from City Engineer Brust concerning same.' Discussion followed with Parks and Recreation Director Pekkain participating. Upon motion of Councilman Hopkins, seconded by Mayor Beary, and unanimously approved by the following roll call vote, authorization to purchase and install the automatic water quality equipment at Benecia Pool was approved as requested: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, andlBeary NOES: (0) None Library Project City Manager Callinan advised ' that all architects who had expressed an interest in designing the new library in Rohnert Park and who were to be interviewed had made presentations and it would now be appropriate for the Council to make a choice. Discussion followed concerning the firms interviewed. Housing and Community Development Act Proposition 9, Politi- cal Reform Act of 1974 Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, Lawrence Simons and Associates, Architects, was -the firm selected to design the new library. City Manager Callinan advised that he would negotiate a contract with Mr. Simons and bring it back for considera- tion. Due to the lateness of the hour and the complexity of the Housing and Community Development Act, it was decided to schedule a work session to review the Act in detail. Dis- cussion followed on a work session date and it was decided -to schedule same for Thursday, January 16. Discussion or Proposition 9 was deferred to ti-le work session. Page 14. January 6, 1975 Preserving Spivock Land City Manager Callinan advised that Mayor Beary, Council - For Open Space man Eck, and he.had met with Santa Rosa City Manager Blackman and others regarding the possibility of preser- ving the Spivock land north of the golf course for open space and that Mr. Blackman was going to try and arrange a meeting with Supervisor Kortum to see what cooperation might be available from the County. Discussion followed. Mayor Beary and Councilman Eck were appointed as a com- mittee to represent the Council in discussions regarding preservation of the Spivock land for open space. Jr. High Baseball Field City Manager Callinan and Parks and Recreation Director Pekkain discussed with the Council the costs involved in additional fencing for..the baseball field at the junior high school which was estimated to be $2,200 - $2,300, plus other improvements. Uoon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the matter was refer- red to the Parks and Recreation Commission for recommen- dation as to what priority the Commission gave the project for use of funds. Golden Circle Dining City Manager Callinan advised he had talked with a rep - Clubs resentative at the Office of Economic Opportunity con- cerning the Golden Circle Dining Clubs and would be receiving a copy of the regulations concerning same. Bus Stop,Benches City Manager Callinan advised that responses had been received from the Newcomers Club and Rohnert Park Chamber of Commerce for contributions of a bench and also from the Rohnert Park Junior High School PTA for a partial contribution; that the Lions Club had responded in the negative with the comment that Golden Gate Transit should provide the benches. He solicited direction from the Council in how to proceed on the matter. Discussion followed., Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the purchase and installation of six benches was approved with the six to include the donations as indicated. Discussion followed concerning locations for the benches with suggestions made for various locations on Adrian Drive, Arlen Drive, and Commerce Boulevard. Further dis- cussion followed concerning the desirability of having' trash containers located near the benches. City Manager Callinan indicated that staff would follow up on the suggestion. Street Sweeping Service City Manager Callinan advised that Cotati City Manager for Cotati Switzer had discussed with him the possibility of'Rohnert Park providing street sweeping service for portions of Rapozo Ranch Park- Funding improvements Federal Fair Labor Standards Act Play Equipment for Northern Area Park Page 15. January 6, 1975 Cotati and it,was being`done.on an experimental basis at a charge of $25.00 per hour., City Manager Callinan read a portion of the city's agree- ment with the county relating to improvements at the Rapozo Ranch Park. He advised he had discussed the mat- ter with County Parks and Recreation Director Joe Rodota who had indicated he felt the county had some funds now for some improvements, but the city could make up its share at a later time. A brief discussion followed dur- ing which it was indicated by the Council that only mini- mal improvements to the site were desired with the area to be left in as natural a state as possible. City Manager Callinan briefly reviewed some new provisions in the Federal Fair Labor Standards Act which would require payment of overtime to employees not previously covered but that the Act had been stayed to January 8. She also advised that the National League of Cities had filed suit regarding some of the provisions. City Manager Callinan advised that it was staff's recom- mendation to develop an area nearest to the existing residences in the northern area park site and install some play equipment at a. cost not to exceed $4,000. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, staff was authorized to purchase and install up to $4,000 of play equipment in the northern area park site as outlined. Federal Revenue Sharing City Manager Callinan reviewed his memo to the Council dated January 3 concerning Federal Revenue Sharing Funds transferred for the Animal Shelter, tennis courts, and golf course irrigation improvements totalling $86,000. Sonoma County Mayors' City Manager Callinan reminded of the January 9th Sonoma and Councilmen's Assn. County Mayors' and Councilmen's Association meeting. Sonoma County General City Manager Callinan advised that representatives from Plan Review the Sonoma County Advanced Planning Department would be making a presentation at the January 23rd Planning Commission meeting and had requested that the Council members attend. CETA Title VI Program City Manager Callinan advised that the Sonoma County Personnel Department had scheduled a meeting later in the week regarding the Comprehensive Employment and Training Act, Title Vi Program; that the city had requested several more positions and reviewed a report showing the positions L, ,., .-, .. .in: h had I, �'Yt YylA r117P C"I"A f7 T4 already filled and t hese W11,1 CA1 11 U �. �•• y- -�-• -- further advised that there is no commitment for perma- nent hiring of employees under the Title VI program. A brief discussion followed. Page 160 January 6, 1975 Legal and Legislative City Attorney Flitner advised that the court had con - Review solidated the San Diego and San Jose cases concerning zoning by initiative; he advised he would follow the case and advise the Council of its outcome, He reported on a recent court decision which held that notice is not required before turning off utilities. City Attorney Flitner briefly reviewed Assembly Bill 64 which would require election of City Council members in a General Law city to be "by district" rather than at large which is now the case. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, the Council went on record in opposition to AB 64. City Attorney Flitner reported that the one year resi- dence rule for council candicacy had been challenged and struck down for the City of Chico, a Charter Law city and it appeared this would become effective for General Law cities with only 30 days residence being required to run for office. City Attorney Flitner briefly reviewed several other p. . eces of legislation. Water Production Councilman Smith initiated a brief discussion concerning water production. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, staff was directed to investigate the use of an optimization computer system to optimize the city's well system production. Governor Brown's Speech Mayor Beary advised he had attended a meeting called by to Local Officials Governor Brown earlier in the day for local officials and was very encouraged by his comments and request for input from local officials. Adjournment There being no further business, Mayor Beary adjourned the meeting at 11:55 p.m. to January 16th at 7:00 p.m. De ty C,' y Clerk