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1974/10/07 City Council MinutesH.^ ROHNERT PARK CITY COUNCIL MINUSES. r..7 . .. October 7, 1974 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 preceded by two executive sessions, the first of which commenced at 6:30 p.m. and at which all 'Councilmen, City Manager Callinan, City Attorney Flitner, Former City Attorney Maxwell, former City Councilmen Jack Buchanan, Arthur Roberts, Jimmie Rogers, Planning Director Skanchy9 and Planning Commissioners Ray Goff and Art Hollingsworth were present and which was held to discuss pending litigation with Attorney William Luckhardt of the `firm.of,.,pprien, Barrett, Achor, Luckhardt, Anderson 6 James. The", econd executive session immediately followed the first and at which all Councilmen-and City Manager Callinan nt .i rrhi nh was ela ,... Ld.a...�.1uai1 were present an... w.a.c:v,• ,7a,. S'i�l d to d1.SCUSS a personnel matter related to the Public Safety Department Call to.Order. Mayor Beary called the meeting of ih6 regular session to order at approximately 7:42 p.m. acid 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, and Planning Director Skanphy, Approval of Bills Upon motion of Councilman Flores, seconded by Councilman R Smith, and unanimously approved, the bills presented per the attached list in the amount of $46,318.06 were approved, Said total includes $11,283.00 for the Rohnert Park Civic Commission. Appr6 -vat of. ,Minutes Councilman Eck noted that 'on Page 8 of the September 16th minutes his motion concerning`a windbreak for the Rancho Cotate bleachers should.refleet'that "mounding and plant- . of trees behind the bleachers was endorsed with cost participation to be solicited from the school district." Councilman Eck noted that,.onP'age 8 of the September 16th minutes concerning sewer effluent irrigation that his response to Mr. °Don Jones :.should be corrected to reflect that the City of`Santa Rosa,.a,s conducting a general engineering study of sewage effluent disposal. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the minutes of September 16 were approved as corrected and the minutes of Septem -- ber 30 were approved as submitted with Councilman Smith abstaining due to his absence from the September 30th meeting. Page 2. October 7, 1974 Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on ;;,any gommunication except as noted specifically in these minutes. "Hole -in -One" Contest A brief discussion was held on a communication from the at Golf Course Rancho Cotate High School Future Business Leaders of America Chapter President,.Jeff Roberts, requesting per - mission to hold a "hole -in -one" contest at the golf course, Upon motion of Councilman Smith, . seconded by Councilman Hopkins, and unanimously approved, the request to con - duct a "hole -in -one" contest at the golf course was approved with the understanding that it would not inter- Pere with normal play at.the course. Benecia Park Conces- A brief discussion was held on the painting of the con - sion Stand Painting cession stand at Benecia Park and the lack of response from service organizations to undertake the project. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved,, city staff will paint the concession stand at Benecia Park early in the spring. Presentationlof Mayor Beary read the Certificates of Appreciation for Certificates of Condiotti Enterprises, Frontier Electric, and Superior Appreciation to Roofing Co. for their contributions for the Rancho Condiotti Enterprises, Cotate Field Concession Stand and presented the framed Frontier Electric, and certificates to Mr. Art Condiotti who accepted same Superior Roofing Co, and expressed thanks.and appreciation on behalf of all the firms. Cultural Arts City Manager Callinan reviewed his memo to the Council Commission Appointment dated October 4 concerning.an appointment to the Cultural Arts Commission, and the scheduled public hearing on same. Cultural Arts Commission Vice Chairman Bill Wendel was recognized. He advised that no one on the Cultural Arts Corporation Board of Directors desired appointment to the Commission at this time. Mayor Beary declared the public hearing open to consider making.an appointment to the Cultural Arts Commission. City.Manager Callinan advised,that notice of the public hearing and been published in the local newspaper and sent to all press correspondents. He also noted the letter received from Chet Crowley expressing an interest in serving on the Cultural.Arts Commission. There being on one desiring to.be heard, Mayor Beary declared the public hearing closed. Discussion followed.during which.concern was expressed that:.the public hearing might have been a factor in Page 3. October. 7, 1974 directors of the corporation not being interested in an appointment to the commission. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, Mr. Chet Crowley was appointed to the Cultural Arts Commission to fill the vacancy created by the resignation of Dorothy Schmidt. Councilman Eck made a motion, seconded by Councilman Hopkins, to direct a letter to the Cultural Arts Corpo- ration soliciting its opinion of public hearings to fill vacancies. Mrs. Alice Wells, member.of the Cultural Arts Corporation Board`of Directors was recognized. She commented she did not believe a letter to the corporation was necessary; that the board of directors was very pleased that a public hearing was held and would like to see them continued;'' that the members of the board felt they were serving their community well in their present,capacity and did not feel appointment to the commission was necessary; and that all members of the board were adequately notified of the pub - lic hearing. Councilmen Eck and.Hopkins withdrew their motion and second respectively. Presentation of Flag Cultural Arts Corporation Directors Bill Wendel and Alice Wells presented an American flag to Mayor Beary for use in the Conference Room of.the City Offices. Mayor Beary expressed appreciation to the Cultural Arts Corporation for the gift of the. flag.. Presentations Mayor Beary presented a plaque of appreciation to Dorothy to Dorothy Schmidt Schmidt for her service on the Cultural Arts Commission. Mr. Bill Wendel- presented a gift to Mrs. Schmidt from the Cultural Arts Corporation and thanked her for her past service. Mrs. Schmidt responded with thanks and appreciation:'; Ordinance No. 247 AN ORDINANCE OF THE CITY OF R08NERT PARK AMENDING TEXT OF ORDINANCE N0- .63,..ZONING ORDINANCE (Side and Rear Yards: Requirements and Exceptions) City Manager Callinan explained,.the ordinance. Upon motion of Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, reading of Ordinance No. 247 was waived and said ordinance was adopted. Ordinance No. 243 AN ORDINANCE AMENDING ORDINANCE NO. 55 TO ESTABLISH PRIMA -FACIE SPEED LIMIT ON ROHNERT PARK EXPRESSWAY IN VICINITY OF COUNTRY CLUB DRIVE City Manager Callinan explained the ordinance. Resolution No. 74 -135 Resolution No. 74 -136 Page 4. October 7, 1974 Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the reading of Ordi- nance No. 248 was waived and said ordinance was intro- ;duced. Councilman Eck asked at what point a public hearing is held on an ordinance. City Attorney Flitner responded that public hearings are not required for ordinances but held ;at the discretion of the City Council. A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 151 SANITARY SEWERAGE PROJECT NO. 1964 -1, CITY OF ROHNERT PARK, ASSESSMENT NO. 1.1.2 City Manager Callinan explained the resolution. Upon motion of Councilman. Hopkins, seconded by Councilman Flores, and unanimously approved, the reading of Resolu- tion No. 74 -135 was waived and said resolution was adopted. RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING INSTALLATION OF STOP SIGN City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by;- Councilman Eck, and unanimously approved, the reading of Resolu- tion No. 74 -136 was waived and said resolution was adopted. Resolution No. 74 -137 A RESOLUTION OF CONCURRENCE AND SUPPORT OF THE GOVERNOR'S DESIGNATION OF FARM BUREAU WEEK City Manager Callinan explained the resolution. Upon..motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 74 -137 was waived and said resolution was adopted. Resolution No. 74 -138' A RESOLUTION OF THE CITY OF ROHNERT PARK AUTHORIZING THE MAYOR OF THE CITY OF ROHNERT PARK TO EXECUTE THE ATTACHED DOCUMENT (GRANT OF EASEMENT TO THE SONOMA COUNTY WATER AGENCY) City Manager Callinan explained the resolution. Upori motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution Nei. 74.138 was waived and said resolution was adopted.; Resolution No. 74 -139 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY MANAGER TO FILE NOTICE OF COMPLETION, LADYBUG PARK RECREATION BUILDING, PROJECT NO. 1973-13 Page 5. October 7, 1974 City Manager Callinan explained the resolution.. Discussion followed concerning the city - school joint use of the parking lot, the development of the parking lot which is behind schedule, and how this would affect use of the recreation building. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, reading of Resolution No. 74 -139 was waived and said resolution was adopted. Resolution No. 74-140 RESOLUTION CALLING FOR SEALED PROPOSALS, ALICIA PARK TENNIS COURT LIGHTS, PROJECT NO. 1974 -10 City Manager Callinan explained the resolution. Discussion followed during which John Milligan of Murray and McCormick advised,in response to a question from the Council,that his estimate for the lights was $8,500. In response to another question from the Council, Rancho Cotate High School Principal Bob Daggett advised that according to his information the lighted o -1-1 -s at the high school were being used very much. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, reading of Resolution No. 74 -140 was waived and said resolution was adopted. Resolution No. 74 -141 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM OF JOHN BELOTTI City Manager Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 74 -141 was waived and said resolution was adopted. Resolution No. 74 -142 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM OF ORFEO BELOTTI City Manager'Callinan explained the resolution. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, reading of Resolution No. 74 -142 was waived and said resolution was adopted. Resolution No. 74 -143 RESOLUTION OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, APPROVING THE THREE YEAR FEDERAL AID URBAN SYSTEM PROGRAMS.FOR THE HEALDSBURG URBAN AREA- SANTA ROSA URBANIZED AREA AND THE PETALUMA URBAi� AREA City Manager Callinan explained the resolution and reviewed his memo to the Council dated October 4 concern- ing same. Discussion followed. Page 6. October 7, 1974 Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No.- 74143 was waived and said resolution was adopted. Project'No� 1972 -3' City Manager Callinan reviewed his memo to the Council Hinebaugh Creek dated October 4 and briefly explained the project which Improvement Project will provide for the construction of a pedestrian bridge over Hinebaugh Creek at holes 4 and 6 at the golf course. Mr. Callinan further explained that surplus funds remain - ing in Project No. 1972 -3 could be refunded to the property owners or could be used for maintenance of the project improvements with a maximum of $1,000 that could be transferred to the city's general fund. Discussion followed during which Councilman Smith asked about the suggestion box at the golf course. City Manager Callinan responded that only about two dozen suggestions had been deposited inn the box and approximately half of those suggested improvement of holes 4 and 6; that other suggestions had been referred to appropriate city staff for implementation or correction where warranted. Dis- cussion followed. Resolution No. 74 --144 A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICA- TIONS, HINEBAUGH CREEK,ET AL, IMPROVEMENT PROJECT NO. 1972 -3 City Manager. Callinan explained the resolution. Upon,motion of Councilman Hopkins, seconded by Councilman Flores;'and unanimously approved by the following roll call vote, reading of Resolution No. 74 --144 was waived and said resolution was adopted: AYES: (5) - Councilmen Eck, Flores, Hopkins,Smith, and Beary NOES: (0) None Resolution No 74-145 A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE, HINEBUAGH CREEK, ET AL, IMPROVEMENT PROJECT NO. 1972 -3 City Manager Callinan explained the resolution. Uponj.motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved by the following roll call vote, reading of Resolution No. 74- 145,was waived and said resolution was adopted: AYES: (5)`' Councilmen' Eck, Flores, Hopkins, Smith, and'Beary NOES: (0) None Resolution''NO. 14 -146 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK Page 7. October 7, 1974 Resolution No. 74.146 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED, HINEBAUGH CREEK, ET AL IMPROVEMENT PROJECT NO. 1972 -3 City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved by the following roll call vote, reading of Resolution-No. 74.146 was waived and said resolution was adopted: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary NOES: (0) None` Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, a Council committee, composed of Councilmen Eck and Flores, will be estab- lished to evaluate the suggestions received at the golf course and to compile and pass on to the City Council those Suggestions worthy of action. Citizens in Support Mr. Hayes Hunter introduced Mrs. Mary Shearer, Chairman of Revenue Limit of the Committee for Better Schools and member of the Increase for High Board of Education. School District Mrs. Shearer thanked the Council for the opportunity to speak.. She explained that the district had been falling below the state financial average for approximately the last 20 years, had not had a revenue limit election in 10 years, that if the measure fails to pass programs would have to be reduced, that if the measure passes it would represent approximately a $45 increase in property taxes on a $30,000 home.' Discussion followed during which Mrs. Shearer advised that it had not been determined which programs would have to be reduced, but up to 250 of the elective classes would more than likely have to be elimi- nated with a corresponding reduction in personnel. Resolution No. 74 -147 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL ENDORSING SCHOOL TAX REVENUE LIMIT ELECTION OF NOVEMBER 5, 1974 City Manager Callinan explained the resolution. Upon notion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, reading of Resolution No. 74 -147 was waived and said resolution was adopted. Mrs. Shearer and Mr. Hunter.tnankea the Council 'or IL expression of support as did the other school officials present, viz Superintendent Lesly Meyer, Rancho Cotate High School Principal Bob Daggett, and Rohnert Park Junior High School Principal Frank Hutchinson. J I T, Page 8. October 7, 1974 Jung Haus.Representa- Mr, Mike Hargis appeared and advised be was representing tives re No All Night' a-group of residents, living on Beverly Drive concerning Parking Signs . the "No All Night.,' P&-kirigll situation on Beverly Drive. ted that.,in going through gh the Jung Haus files he had come across a letter d&t6aJune 15, 1973 written by, City Manager- tallinan, just after the Council had autho- zed rein sialldioh 'of "thd signs which cited the reasons t for the signs as.being (1) community a esthetics, (2) pub- lie safety equipment access s to the large structures, (3) neighborhood secur. Ity, etc. Mr. Hargis responded to these by- saying 'that the signs were (1) inconvenient, (2)danger ous to personal safety, and (3) increased the danger of burglary and vandalism to vehicles. Discussion followed. City Manager Callinan noted that a communication received from the manager of.Jung Haus dated July 1973 stated they would make an effort'to only rent to those tenants with cars that could-be accommodated., A lengthy discussion ,- followed.' Ccut man Eck -h e-- area'6ould be marked for Jung Attorney Flitner e ritt"J.Par %,*U&,:on- 71._'­flcO� y. tto 0 ed" in It is a public street. espAid -the, 11, Z_ Councilman Eck . asked .. if the own ., e , r s could be required to increase I the off - street . parking. City-Attorney Flitner� responded that he would research the matter of restricting the number of occupants. Further discussion followed during which City Manager Callinan suggested that he, Director of Public Safety Denneit, and Fire Services Commander Bi6k meet with Mr. Hargis and the Manager of Jung Haus to see if a solution to the parking problem could be worked out. 'Upon motion of Councilman Flores, seconded by Councilman 'Hopkins, and approved by the following roll call vote, staff was directed to research the matter with the under- standing that the various aspects of the proble m be re- viewed as discussed: AYES*. 0) Councilmen Eck, Flores, Hopkins, and Smith NOES: _(1) Mayor Beary Page 9. October 7, 1974 Recess Mayor- ,Beary declared a recess at this point in the meet- ing, the time being approximately 8:23 p.m. Reconvene Mayor Beary reconvened the meeting at approximately 8:35 p.m. with all Councilmen present. File 0382, Double City Manager Callinan reviewed his memo to the Council Decker Lanes dated October 4 concerning File 0382. Planning Director Skanchy explained the site plan and elevations on display for the proposed bowling alley and reviewed his staff report dated September 23, 1974. City Manager Callinan read a letter from Golf Professional Bill Ross dated October 4 which reflected his opinion that additional parking spaces being proposed for joint use by the bowling alley and the golf course were desirable. Discussion followed regarding the number of parking spaces being proposed and the possibility of eliminating some of the spaces to provide for more landscaping. Mr. Jim Decker, applicant, explained that with his experience in bowling alley operations that the amount of parking spaces proposed was necessary; that at his Holiday Bowling alley in.San.ta Rosa only 4 -1/2 spaces per lane had been provided which was inadequate; that plenty of parking is needed during league bowling, particularly as one league ends and another begins. Further discussion followed. Planning Director Skanchy conferred with City Attorney Flitner regarding the necessity of a public hearing since the property had been rezoned to Commercial Recreational - PUD. City Attorney Flitner advised that a public hearing would have to be held on the site plan prior to final approval since PUD districts required public hearings. Councilman Flores made a motion, seconded by Councilman Hopkins, to give tentative approval to the site plan for Double Decker Lanes, subject to the public hearing. Fur- ther discussion followed. Councilman Smith asked if any California law would be vio- lated with a private development using municipal land for joint parking facilities. City Attorney Flitner responded that the'city could reserve the right to revoke the joint use if it is determined the city needs the land. Councilman Smith asked if there would be any problem with the city granting this private development an easement for use of the existing entrance road to the golf course owned by the city. City Attorney Flitner responded in the nega- tive and commented that the city could grant as many ease- ments for use of said road as desired. Discussion followed concerning what provisions, if any, had been made for fencing along the drainage channel near the proposed bowling alley. City Manager Callinan responded Page loo October 7, 1974 that it had been the practice to landscape the drainage channels.in the city. Mr. Decker commented that the bowl- ing alley was an indoor type activity and nothing of an outdoor recreational nature was anticipated; there there would be a nursery for small children inside the bowling alley; and that his Holiday Bowling alley was approximately 15 feet from Santa Rosa Creek, had no fencing, and had never posed a: problem. General discussion followed. Councilman Eck made a motion, seconded by Councilman Smith, to reduce the number of parking spaces to 150 in order that more landscaping could be provided. Said motion failed by the following roll call vote: AYES: (2) Councilmen Eck and Smith NOES: (3) Councilmen Flores, Hopkins, and Beary Councilman Flores '-motion to give tentative approval to the site plan for Double Decker Lanes was approved by the following roll call vote: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary NOES: (0) None The Council indicated it would consider each subject of the proposed agreement between Mr. Decker and the city separately. Upon motion of.Counci.lman Hopkins, seconded by Councilman Flores, and unanimously approved, tentative approval was given for paragraph 1 of said agreement concerning access. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, tentative approval was given for paragraph 2 of said agreement concerning joint use of the billboard on Commerce Boulevard: AYES: (3) Councilmen Flores, Hopkins, and Beary NOES: (2) Councilmen.Eck and Smith In response to a question from the Council, City Manager Callinan advised that no adverse comments had been re- ceived over the proposed joint use of the billboard. Councilman Flores advised that he had talked with members of the Chamber of Commerce about the joint use and no objections were received. Councilman Smith made a motion, seconded by Councilman Eck, that any specific.use of the subject billboard be granted subject to review in six months. Said motion Page 11. October 7, 1974 failed by the following roll call vote: AYES: (2) Councilmen Eck and Smith NOES: (3) Councilmen Flores, Hopkins, and Beary Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, tentative approval was given for paragraph 3 of said agreement concerning a liquor license: AYES: (4) Councilmen Flores, Hopkins, Smith, and Beary NOES: (1) Councilman Eck Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, tentative approval was given for paragraph 4 of said agreement concerning joint use of parking facilities with the added provision that after 5 years either party would have the right to revoke upon 60 days notice. A lengthy discussion was held on paragraph 5 or said agreement concerning mechanical play devices. Mr. Don Slater, 1330 Southwest Blvd., was recognized. He commented that Ordinance No.;. 58 was very specific about mechanical play devices and that if said ordinance was amended to allow such devices only in certain zoning dis- tricts, he felt it would be discriminatory. Councilman Hopkins made a motion, seconded by Councilman Flores, that it is the intention of the city to review its existing ordinance concerning mechanical play devices within the city and that upon such review the request of Mr. Decker for such devices at the bowling alley site would be considered. Discussion followed. Councilmen Hopkins and Flores withdrew their motion and second respectively. Councilman Eck made a motion, seconded by Councilman Smith, to deny -the request contained in paragraph 5 of said agree- ment concerning mechanical play devices. Said motion failed by the following roll call vote: AYES: (2) Councilmen Eck and Smith NOES: (3) Councilmen Flores, Hopkins, and Beary Councilman Smith made a motion that the city agree that Mr. Decker have the right to install coin operated devices in the event that city modifies its ordinance concerning same. Discussion followed during which City Manager Callinan advised that Councilman Smith's motion was essentially the same as paragraph 5 was written. Council- man Smith withdrew his motion. Page 12. October 7, 1974 Councilman Flores made a motion, seconded by Councilman Hopkins, that it is the intention of the City Council to modify its existing ordinance concerning mechnical play devices; subject to culmination of that intention the city would grant Mr. Decker the right to install mechni- cal play devices as a result of that modification. Fur - ther discussion followed. Councilman Flores' motion failed by.the following roll call vote: AYES: (2) Councilmen Flores and Hopkins NOES: (3) Councilmen Eck, Smith, and Beary Mayor Beary made a motion, seconded by Councilman Hopkins, to give tentative approval to paragraph 5 of said agreement concerning mechnical play devices as origi- nally submitted. The motion was approved by the follow- ing roll call vote: AYES: (3) Councilmen Flores, Hopkins, and Beary NOES: (2) Councilmen Eck and Smith Resolution No. 74- 148::. RESOLUTION AUTHORIZING AND APPROVING THAT AGREEMENT BETWEEN CITY OF ROHNERT PARK AND JAMES DECKER City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, Resolution No. 74 -148 was adopted: AYES: (3) Councilmen Flores, Hopkins, and Beary NOES: (2) Councilmen Eck and.Smith Councilman Eck stated for the record that he agreed with most of the statement -s in the agreement but could not vote for the whole agreement due to those portions with which- he- did not agree. Councilman Smith stated for the record that there were certain parts of the agreement that he did not agree with and since it required acceptance in its entirety, it was not possible for him to vote for it. General discussion followed during which Mr. Decker, in icEponse to a question from the Council about plans for the game room in the bowling alley, advised-that he' had no intention of having draw poker at this time. File 0244, Country Plannin&.Director Skanchy reviewed his staff report for Club.Terrace Condo- File 0244 dated September 11, 1974 and explained the site minium Subdivision- plan and elevations on display,° Final Map File 0335, Franchise Realty Interstate Corp. Review of Planning Commission Architec- tural Approval for McDonald's Page 13. October 7, 1.974 In response to aquestion from the Council, City Attorney Flitner opinioned that approval of a final map is a mini- sterial act if conditions of the tentative map have been met. Discussion followed concerning sewer capacity. Mr. Jim Redding, 7147 Barbi Lane, was recognized. Ile advised he represents a relatively small development comp- any that had some plans in Rohnert Park. He commented that the city should be sure statements concerning waste- water, and/or water service do not guarantee service; that he did not know of any lender that would loan funds for development without some guarantees; and that he does not feel the Council prejudices itself by approving a final map. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and approved by the following roll call vote, the final map for Country Club Terrace was approved and the Mayor authorized to enter into an appropriate subdi- vision agreement without guaranteeing sewer capacity: AYES: (4) Councilmen Flores, Hopkins, Smith, and Beary NOES: (1) Council-man Eck City Manager Callinan noted that Councilman Eck had requested Council review of the Planning Commission's Architectural approval for McDonaldvs Restaurant. Councilman Eck commented that he did not feel the Plan- ning Commission looked closely enough at certain areas of the McDonald's Restaurant in granting architectural approval. Mr. Jim Redding, 7147 Barbi Lane, was recognized. He commented that he was concerned with the rather perfunc- tory approval given for the McDonald's Restaurant; that he would like to see the lighted roof beams eliminated and some modification in the red the roof, suggesting that flashed red concrete tile be used. Discussion fol- lowed. City Manager Callinan noted that Mr. Larry Dorsey of Franchise Realty Interstate Corp. was present if the Council had any questions. Mr. Dorsey appeared and explained the exterior lighting bars on -the roof of the building would be flourescent tubes inside bars; that such light bars were in use at both the Novato and Santa Rosa McDonald's and served to illuminate the roof. In response to a question from the Council, Mr. Dorsey responded that when there is an energy shortage, the Page 14. October 7, 1974 lights are simply turned off. In response to another question from the Council, Mr. Dorsey indicated he felt the lights do have aesthetic value. General discussion followed. Upon motion °of Councilman Eck, seconded by Councilman Flores, and approved by the following voice vote, elimi- nation of the lighted beams on the roof was added as a condition of architectural approval: AYES: (4) Councilmen Eck, Flores, Hopkins, and Beary NOES: (1) Councilman Smith File 0240, Rancho Sonoma City Manager Callinan noted that Councilman Eck had Subdivision, Review of requested Council review of Planning Commission approval Tentative Map Time of time extension for Rancho Sonoma Subdivision tenta- Extension tive maps. He also noted that Mr. Gene Taylor, repre- sentative of American Housing Guild, hRd requested that the matter be continued since he could not attend this meeting. The Council indicated that continuance of the matter was acceptable. Renewal of California City Manager Callinan briefly reviewed his memo to the Dental Service Coverage Council dated October 4 concerning California Dental for Employees Service coverage for employees, advised that after receiving the proposal from CDS a proposal had been solic- ited from Shirrel Insurance Agency, but staff felt it was not as good as the CDS program. Insurance Agent Tom Feeney was present and explained and discussed the various CDS programs with the Council Upon motion of Councilman Flores, seconded by Councilman Eck, and unanimously approved, renewal of coverage with CDS was approved as outlined by staff subject to Mr. Feeney °s investigation of Incentive Plan IV--B. City of Santa Rosa City Manager Callinan noted that a lawsuit had been filed and Urban Renewal by the City of Santa Rosa and the Santa Rosa Urban Renewal Agency Lawsuit Agency against the City of Rohnert Park concerning the EIR approval and rezoning of Codding Enterprises and Cofego Enterprises lands. City Attorney Flitner summarized what was being sought in the lawsuit, advised that Mr. Paul Golis had appeared in Court on September 30th and the judge had dissolved the restraining order with regard to the private litigants, but the city was still restrained from issuing any build- ing permits for the subject lands; advised that he was prepared to challenge the filing of the action under the statute of limitations; that the city has a very complete record; and that the Planning Commission and City Council had heard testimony on the matter several times. Page 15. October 7, 1974 Santa Rosa Urban Mr. Flitner commented that HUI) had originally determined Renewal Project that an EIR was not necessary for the Santa Rosa Urban Renewal Project,.but was now preparing an EIR which was separate from the Urban Renewal Agency's EIR for the project. Mr. Callinan advised that comments would be made at Santa Rosals.scheduled hearing on its project's EIR. Recess Mayor Beary declared ,a recess at this point in the meeting, the time being approximately 11:55 p.m. Reconvene Mayor Beary reconvened the meeting at approximately 12:05 a.m. with all Councilmen except Councilman Smith present. Design Review Board- Mayor Beary announced that due to the lateness of -the hour Mr. Jim Redding an unscheduled public appearance would be allowed by Jim Redding. Mr. Redding appeared and commented that he was very con- cerned with the performance of the Planning Commission in its design review function; that it does not appear that the members spend a great deal of time prior to the meet- ing looking at the material provided; that they give a very cursory review; that no samples of exterior materials were requested; that at the last meeting all landscaping matters were referred to staff for approval; that he was very pleased with staff performance but felt these matters should be given closer attention by the Commission; that one of the reasons he had requested the McDonaldts Restau- rant be reviewed by the Council was to point out details the Planning Commission is not asking for. He suggested that a design review board be established which might include an architect, landscape architect, and some lay people; -that he was not talking about something that would add to the cost of development since he was in the business. A brief discussion followed during which it was suggested that the matter be scheduled at the next regular meeting for Council consideration. ICMA Conference City Manager Callinan requested approval for appointment of Bob Albright as City Manager Pro-Tempore during his absence October 11-17 to attend the International City Management Association Conference in Dallas. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the appointment of Bob Albright as City Manager Pro-Tempore was approved as requested. Abandoning Bike Path City Manager Callinan reviewed his memo to the Council Procedure dated October 4 concerning possible abandonment of the .bike path that exists.between Liman Way and the railroad in the Holiday Park subdivisions., A brief disctssion followed, Page 16 October 7, 1974 Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the matter will be referred to the Ad Hoc Committee on "Lo' section mini park development for consideration. Cotati's Request for City Manager Callinan briefly reviewed his memo to the Street Sweeping and Council dated October 4 concerning the City of Cotati's Animal Control Services request for street sweeping and animal control service. Discussion followed. Upon motion of Councilman Eck, seconded by Councilman Hopkins, and approved by the following roll call vote, staff was authorized to explore the possibilities of negotiating some beneficial contractual arrangement with the City of Cotati for street sweeping service and use of Rohnert Park's animal shelter: AYES: (3) Councilmen Eck, Hopkins, and Beary NOES: (1) Councilman Flores ABSENT: (1) Councilman Smith Special County Park City Manager Callinan briefly reviewed his memo to the Acquisition Fund Council dated October 4 concerning the Special County Park Acquisition Fund. Discussion followed. City Engineer Position City Manager Callinan briefly reviewed his memo to the and Pay Range Council dated October 4 concerning the City Engineer position and pay range. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Range 72 for the position of City Engineer was approved. Data Processing- Change City Manager Callinan briefly reviewed his memo to the Council dated. October 4 concerning conversion of the city's data processing service from ADP to the Bank of America. A brief discussion followed. Moratorium- Comments City Attorney Flitner advised that Councilman Eck had re Implications of ., requested that discussion of the possible implications of Imposing Same imposing a moratorium be deferred. Library Directional Councilman Eck advised that several new residents had Signs suggested to him that directional signs be installed for the library in Rohnert Park. A brief discussion followed. Upon motion of Councilman Eck, seconded by Councilman flores, and unanimously approved, staff was authorized to install signs directing citizens to the library. Cable casting of Councilman Eck initiated a dis- cussion concerning the Supervisori.al Candi -- desirability of Storer -Cable TV telecasting a Candidate's date's Night and Warm Night for the Second Supervisorial District and a dis- Springs Dam Discussion cussion on the Warm Springs Dam project. Page 17. October 79 1974 Upon motion of Councilman. Eck, seconded by Councilman Flores, and,unanimously approved, staff was directed to send a letter to Storer Cable TV requesting cable casting of a Candidate's Night for the Second Supervisorial Dis- trict and a discussion on the Warm Springs Dam project. Bike Path Problems Mayor Beary advised he was still receiving comments con- cerning drainage grates causing problems for bike riders. City Manager Callinan requested that individual bike riders having problems contact either Supt. of Public Works Wiggins or himself to point out the specific problems. Cross Walks on Southwest Mayor Beary suggested that cross walks be established on Blvd. between Burton Southwest Boulevard at the Camino Colegio and Country and Snyder Lane Club Drive intersections. A brief discussion followed. The Council indicated agreement with Mayor Beary's sug- gestion and staff indicated that the cross walks would be established as requested. World Lions Service Mayor Beary read a proclamation designating World Lions Day - Proclamation Service day in Rohnert Park for October 9th and signed same. Hillcr,est Hospital Mayor Beary advised that he had another person who indi- Citizens Advisory sated an interest in serving on-the Hillcrest Hospital Committee Citizens Advisory Committee but had subsequently with - drawn so the only member from Rohnert Park at this time was Art Roberts. He requested that the press publicize the availab_.lity of two positions on the committee to be filled by Rohnert Park residents. October 15th IVI Councilmen Eck and Flores discussed with the Council the Section.Meeting October 15th "Lfs section meeting. It was decided to hold the meeting on October 15th but at a different location to be announced since the turfing, walkways, and parking lot were uncompleted at the Ladybug Park Recreation Bldg. Review of Resolution A brief discussion was held concerning Resolution No. 72 --119 re Schools 72 -119 concerning the city's policy of residential de- velopment effects on schools. The Council indicated the policy was still acceptable and that it should be reviewed again in one year. League of Calif. Cities A brief discussion was held concerning the designation of Voting Representative a voting representative for the League of California Cities Annual Conference. Upon motion of Councilman Hopkins,, seconded by Councilman Eck, and approved by the following roll call vote, Mayor Beary was designated as the voting representative and Councilman Smith as the alternate for the League of California Cities Annual Conference. Page 10. October 7, 1974 Change in Council Councilman Flores advised that due to a professional com- Committee Appointments mitment he would be unable to continue serving as the Council representative to the Cities - Schools Coordinating Committee. A brief discussion followed during which it was agreed that Mayor Beary would serve as the Council representative to said committee and Councilman Flores would assume Mayor Beary °s role as ex- officio.to the Cultural Arts Commission. Rescheduling of Oct. 21 Council Meeting Councilman Flores requested staff to send a letter to Mrs. Gloria Garrett; Chairperson of the Cities - Schools Coordinating Committee, advising of the change and the reasons therefor. A brief discussion was held concerning rescheduling of the October 21st Council meeting due to the League of California Cities Annual Conference which would be in progress at that time. It was decided to reschedule the meeting to Tuesday, October 29th at 7 :00 p.m. Adjournment There being no further business, Mayor Beary adjourned the regular meeting at approximately 12 :57 a.m. October 8, to Tuesday, October 29th, at 7 :00 P.M. The Council convened in an executive session, with all Councilmen except Smith present. City Manager Callinan explained the hiring of the City Engineer. The meeting adjourned at approximately 1. a.m. October 8th. 1 eputyity C k t APPROVED: or