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1974/08/05 City Council MinutesAugust 5, 197L..� Gentlemen: I asked to have our annexation policy placed on the agenda in light of Cou cilman Smith's request negotiate annexation of some several hundred acres of land controlled by Land Investors Reserach. I have stated my opposition to annexations in the past and in light of our open space efforts receiving a 67% yes vote, I will'continue to oppose annexation. Councilman Smith's latest action is another example of the many contradictions he has displayed by voicing anti-growth slogans and then voting or acting in a pro-growth manner® I feel thW any annexation proposal should first be placed on the ballot and approved by the voters of Rohnert Park. Lou Beary Mayor. Page 2. August 5, 1974 Resolution No. 74 -103 RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT OF Country .Club Estates At City Manager Callinan's request, Council action was not Subdivision No. 4 taken on the resolution listed on the agenda accepting the improvements in Country Club Estates Subdivision No. 4. Ordinance No.. 233 AN ORDINANCE AMENDING ORDINANCE NO. 1 ESTABLISHING OFFICIAL PLACES FOR POSTING ORDINANCES, RESOLUTIONS, AND OFFICIAL NOTICES OF THE CITY COUNCIL City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the reading of Ordinance No. 233 was waived and said ordinance was introduced.- COOPERATIVE AGREEMENT WITH THE COUNTY OF SONOMA RELATING TO PLANNING ASSISTANCE Resolution No, 74 -104 A RESOLUTION OF THE CITY OF ROHNERT PARK AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED DOCUMENT (AGREEMENT FOR THE SERVICES OF A CITY ATTORNEY) AND FIXING THE " _ COMPENSATION FOR THE SERVICES TO BE RENDERED t Resolution No. 74 -105 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION, ANIMAL SHELTER, PROJECT NO. 1974 -1 Resolution No. 74 -106 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION, LADYBUG PARK TENNIS COURTS , AND ALICIA PARK TENNIS COURTS, PROJECT NO. 1974 -2 Resolution No. 74 -107 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION, EAST COTATI AVENUE WATER MAIN, (Between Beverly Drive and Lancaster Drive), PROJECT NO. 1974 -5 Resolution No. 74 -108 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION, COUNTRY CLUB DRIVE-- EASTERLY -. HALF NORTH OF COUNTRY CLUB ESTATES SUBDIVISION NO. 4 Resolution No. 74 -109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DELEGATING AUTHORITY TO DETERMINE DISABILITY,FOR RETIREMENT PURPOSES TO THE CITY MANAGER Resolution No. 74 -170 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE PROPOSED FEDERAL AID URBAN THREE YEAR PROGRAM City Manager Callinan explained the resolutions. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the reading of Resolutions Nos. ..74- 100`through 74 -110 was waived and said resolutions were adopted. Country .Club Estates At City Manager Callinan's request, Council action was not Subdivision No. 4 taken on the resolution listed on the agenda accepting the improvements in Country Club Estates Subdivision No. 4. Ordinance No.. 233 AN ORDINANCE AMENDING ORDINANCE NO. 1 ESTABLISHING OFFICIAL PLACES FOR POSTING ORDINANCES, RESOLUTIONS, AND OFFICIAL NOTICES OF THE CITY COUNCIL City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the reading of Ordinance No. 233 was waived and said ordinance was introduced.- Page 3. August 5, 1974 Ordinance No. 234 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SUBSECTION C OF SECTION 8 OF ORDINANCE NO. 78 TO AUTHORIZE THE GRANTEE OF A NON - EXCLUSIVE FRANCHISE TO CHARGE CERTAIN UNDERGROUNDING COSTS IN SUBDIVISIONS TO THE SUBDIVIDER City'Manager Callinan explained the ordinance. Upon motion of.Councilman Smith, seconded by Councilman Eck, and unanimously approved, the reading of Ordinance No. 234 was waived and'said ordinance was introduced. Ordinance No. 231 AN ORDINANCE TO PROVIDE FOR THE PUBLIC :HEALTH, SAFETY, AND GENERAL, WELFARE RELATING TO BUILDING AND HOUSING, AND AMENDING THE UNIFORM BUILDING CODE,.1.973 EDITION; AMENDING ORDINANCE N0, 223, AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF (Re exterior siding thickness) Mayor Beary declared a'possible conflict of interest due to his contracting business and turned.the chairing of the meeting over to Vice Mayor Smith. City Manager Callinan reviewed and explained the ordinance. Vice Mayor Smith declared the public hearing open on Ordinance No. 231. City Manager Callinan advised that notice of the public hearing had been published twice in the local newspaper and mailed to builders and developers. Mr. Phil Benfield, American Plywood Association, was recognized. He deferred to Karney Barberian, Executive Director, Sonoma County Construction Industry Association. Mr. Barberian stated his association would anything possible to eliminate problems with siding as demonstrated during the last few days by City Manager Callinan. Mr. Andrew Sabhlok,'Project Director, Building Code Action, was recognized. He commented that the 1973 Edition of the Uniform Building Code specifies proper in- stallation procedures for plywood and.Ordinance 231 would do away with that since it only changes the thickness required for plywood; that weather conditions in Rohnert Park were experienced in many other parts of the state without;sidi.ng problems for 3/8" plywood; that even with 5/8" siding buckling is experienced in some cities due to improper,installation. Mr. Phil Benfield, American Plywood Association, gave a �11r1� nY+arta•ni-atinsi .rh�nli o'vnla6ncrl +ho �i•nnhinrc n� too. association as being inspection services in plywood mills, laboratory testing.. and promotion of the use of plywood. Mr. Benfield commented that lab reports from their research center have been incorporated into building Page 4e August 5, 1974 codes; that lab tests show that any thickness panel will buckle if not properly spaced; that the key to good performance regardless of thickness is proper spacing and installation; that 5/811 siding would increase the cost of a house from $180 -200 and still not solve the problem. He recommended that a substitute ordinance be introduced that would specify that plywood be installed in accord- ance with American Plywood Association standards. Councilman Flores asked if 5/8t1 would perform better than 3/811. Mr. Benfield responded that if properly installed there should be no difference in performance. Councilman Eck asked about nails popping out of siding. Mr. Benfield responded that with proper application they should not pop out. Councilman Flores asked why 5/811 siding was used initially and then reduced to 3/8". Mr. Benfield responded that 5/891 was originally used in grooved plywood and the depth was needed for the grooving. Councilman Flores asked if Mr. Benfield could give an opinion on the quality or grade of plywood used on homes in Rohnert Park. Mr. Benfield responded that any number of veneers could be used and that he could not give such a general opinion. Councilman Eck asked how the Plywood Association stand- ards differed from the Uniform Building Code in applica- tion of nails. Mr. Benfield responded that the UBC does not get into actual placing of nails, but seemed to be more concerned with safety than appearance. Councilman Smith asked what the corporate objectives of the Plywood Association were. Mr. Benfield responded that the objectives were to provide inspection and test- ing of product, research, and promotion. Councilman Smith commented he was puzzled as to why they would push 3/811 rather than 5/811 siding and asked if there was a profit margin problem. Mr. Benfield responded that the association does not get into pricing of products, had.checked with local builders on their costs, and stated that if 3/811 would do the job he would hate to see 5/819 or any additional material used when not needed. Councilman Flores asked if 5/811 would insulate better than 3/811. Mr. Benfield read from a booklet which gave insulation factors; said booklet reflected very little difference. in the insulation qualities of 3/8'1 vs. 5/811 siding, Mr. Sabhlok commented that requirements for insulation were being amended. Page 5. August 5, 1974 Mr. Bill Mueller of Young America Homes was recognized® He commented concerning a meeting held in the Spring of builders and city staff; that it had been agreed at that ,time there was an installation problem; that work crews were to be.instructed on proper installation methods; that he did not feel enough time had elapsed to determine results; that as explained by Mr. Benfield the 3/8" siding can do the job; that approximately $400 would be added to the'cost of the average home because added labor costs would be involved; that if there are continuing problems the Contractor's License Board is set up to handle such a problem. He urged that the ordinance not be adopted in view of what had been said. Mr. Glenn Durden, 872 Santa Alicia Drive, was recognized. He stated that he worked in the building trades and felt that the 5/8" is infinitely better; that his father had built a garage Q— Diego using .)/Off , - Z;I 5 --- -- - VIV had worked out well, but there are not such climactic changes in.- thatjarea;, that th -e same UBC which specifies sadxn does not specify f insulation which is a . , waste of` energy in heating and'66oling homes. Mr. Karney Barberian commented that an inference had been made that a hole was punched in some siding, but that upon inspection it was revealed that the siding was particle board and not plywood. Mr. Glenn Durden asked if Mr. Barberian had said particle board. Mr. Barberian responded in the affirmative. Councilman Smith commented that several homes in Rohnert Park had particle board siding, notably those built by Young America Homes. Mr. Bill Mueller of Young America Homes responded that 'his firm used-Masonite which was different:than particle board. There being no one further desiring to be heard, Vice Mayor Smith declared the public hearing closed. Discussion followed. 'Councilman Hopkins made a motion to reconsider the ordinance in six months to see whether or not the industry is policing itself. Discussion followed. The.,. motion., died for lack.of,asecond. Councilman Flores made a motion,',,seconded by Councilman Eck, tI0 adopt Ordinance NO .1. 40-Le OCL-L" IIIUL-Lvll -LCL.L-LCtU LU pass by the following roll call vote: AYES: (2) Councilmen Eck and Flores NOES: (2) Councilmen Hopkins and Smith Page 6. August 5, 1974 . . 6 ABSTAIN: (1) Mayor Beary Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, Ordinance No. 231 will be reconsidered in six months to see whether or not the industry is policing 'itself and the Building Inspection Department. directed to prepare a.bi- monthly report of those instances in which the problem is not being solved. Vice Mayor Smith reiurned.,the chairing of the meeting 'to Mayor Beary, ABCO.Cab..Co.._' City Manager Callinan reviewed.the requested rate Rate Increase Request increases of ABCO Cab Co. Mayor Beary declared the.scheduled public hearing open on the rate increase request of ABCO Cab Co. City Manager Callinan advised that notice of the public hearing had been published in the local newspaper. There being no one desiring to be heard and no written communications, Mayor Beary declared the public hearing closed. Resolution No, 74 -111, RESOLUTION APPROVING CHANGES IN RATES FOR TAXI CAB SERVICE Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No 74 -111 was waived and said resolution was adopted. File No...0361, Appeal City Manager Callinan noted the letter dated July 5, 1974 of Planning Commission from Joseph E. Coomes, Jr. of the law firm of McDonough, Decision on Cofego Holland, Schwartz & Allen, 555 Capitol Mall, Sacramento, Enterprises and Codding appealing the Planning;Commssion decision on the Final Enterprises Final EIR EIR for Cofego Enterprises and Codding Enterprises on behalf of the City of Santa Rosa and the Urban Renewal Agency of the City of Santa Rosa. Mr. William G. Holliman, Jr. of the law firm of McDonough, Holland, Schwartz & Allen was recognized. A copy of his statement is attached to the original of these minutes. Councilman Flores commented that he was disappointed with ABAG; that if they are going to do their job they should not single out one entity; that ABAG had indicated they receiv(d 20-30 EIRs per .month and simply did not have time to review''the`EIR for the Santa Rosa Urban Renewal Project. Mr. Holliman comm6nted that without regard to ABAG the regional implications of this development must be con- sidered, whether located in Santa Rosa, Rohnert Park, or Petaluma, if it involves water importation, sewage . . 6 Page 7e August 5, 1974 treatment facilities, and highway planning. He further commented that this EIR is excellent when compared to many he has reviewed, but it does not deal with the impact on factors outside Rohnert Park - itself. In response to a question from the Council Mr. Holliman stated that the City Council and the Urban Renewal Agency of Santa Rosa sits as one body.` Mr. James Burns, Executive Director, Santa Rosa Urban Renewal Agency, corrected Mr. Holliman's statement advis- ing that the Santa Rosa City Council and Urban Renewal Agency are separate bodies; that the City Council engaged the services of Mr. Holliman as well as the Urban Renewal Agency. Mr. Holliman stated that the only issue is the adequacy of the EIR and that it is inadequate :under the law upon which to base a decision. Councilman Flores commenting on remarks that the project would be conducive to growth, advised that Rohnert Park has a General Plan and asked Mr. Holliman if he was trying to say that this project would cause the Council to abandon its projected course. Mr. Holliman responded that growth inducing aspects referred to by him were on a regional basis; that if the project would result in a substantial increase in growth in another area that it must be considered. In response to a question from staff, Mr. Holliman advised he did Have copies of his statement and provided same to each Councilman, City Manager Callinan, and Planning Director Skanchy. Mayor Beary asked Mr. Hugh Codding if he had any comments to make. Mr. Codding advised that he and Mr. William Smith (General Counsel for Codding Enterprises) had con- ferred and felt there was nothing..to add at this time. Mr. Del Davis of Del Davis Associates, Inc. was recognized. He advised that under general rezoning or general setting the "worst case situation" has to be used and that is how 1000 housing units were'arrived.at; that he used the population projections for Rohnert Park, Cotati, and the college in making the recommendation there was not the population to justify a regional shopping center; that traffic was based upon the Rohnert Park area and immediate environs with the Rohnert Park- Cotati area rr being considered as one; that regional traffic was con- sidered; that we all know there are current problems at the wastewater treatment plant, but the regional plant in Santa Rosa is in the planning stage and will alleviate that situation. File 0359, Codding Enterprises, Rezoning Application Page 8. August 5, 1974 Councilman Smith asked if the overpass is adequate as presently constructed; is the freeway adequate, and com- mented that there were no alternate uses for the land in the report and the letter response to the City of Petaluma was not adequate. City Manager Callinan asked about the effect on air quality of traffic from Petaluma to Santa Rosa for shop- ping trips. Councilman Eck asked about impervious land that would be the result of development and create increased flow in'the channel. Councilman Flores commented that the land could be rezoned but if the city does not have adequate facilities to service the proposed development, could not a portion of the land be used, or in other ;words it was not likely that the total development would take place overnight. Councilman Eck asked about the schools, the amount of property tax the project would generate and would this not have to be correlated with SB 90. Councilman Flores commented he thought Mr. Davis addressed himself well in the EIR and what would be considered suf- ficient by one would not suit another individual. Upon recommendation of staff, Mr. Holliman's remarks were taken under advisement with a response to be prepared and the matter continued to the next regular meeting. City Manager Callinan distributed copies of the General Plan Land Use Man to the Council. Mayor Beary advised it had just been brought to his attention that another person.wished to speak to the EIR for Cofego Enterprises.and Codding Enterprises. Mrs. La.ikie Sani stated that since the matter had been continued to the next regular meeting she would speak at that time. Planning Director Skanchy explained the requested rezoning of Codding Enterprises and advised that it was consistent with the General Plan. City Manager Callinan advised that notice of the sched- uled public hearing was made by mailing same to property owners in the area of the rezoning and by publication in the local newspaper. It was pointed out that Council action could not be taken on the rezonings on the agenda pending Council action on the Codding- Cofego EIR and that the hearings should be continued after giving an oppor- tunity for those desiring to speak to do so. Page 90 August 5, 1974 Mayor Beary declared the public hearing open on File 0359, Codding Enterprises rezoning application for approximately 127 + acres west of U.S. 101 Freeway from "All to "CR -PD" and "ML -PD". A brief discussion followed concerning whether or not to read correspondence received and hear comments from the public at this meeting or wait until the next meeting since the matter would have to be continued. It was decided to proceed with comments from the public and correspondence received. City Manager Callinan read a letter from Tom Frenaye dated August 5, 1974 which expressed opposition to the rezoning. Mr. Glenn Durden, 872 Santa Alicia Drive, was recognized. He commented that if we need further services they should be diffused.throughout the community and,not grouped all together in one area. r1r® Jan Kravitz, 8209- El Rancho Drive, Cotati was recog= nixed. He advised he was affiliated with the Rohnert Park Community Interest Agency and read a letter dated August 5, 1974 from said agency which generally expressed opposition to the rezoning. He commented that the current shopping area in Rohnert Park is fine but hopes it will grow with the city and not be another Coddingtown. Councilman Flores suggested that Jan Kravitz' group not categorize. . Councilman Smith commented that too much commercial land would exist if all rezaning requests were rezoned. Del Davis commented that based on the purchasing power of the Rohnert Park- Cotati area combined with growth projections of approximately 500 units per year that the local population would not support a regional shopping center; that it would be in a difficult competitive position with Santa Rosa and Petaluma unless something very unique were developed. Mr. Hugh Codding of Codding Enterprises was recognized. He advised the property was bought 7 or 8 years ago; that he came to Rohnert Park and studied the General Plan; that he,was inclined to agree with comments about putting the shopping center on the ballot and that he would be willing to live with the decision; that he does not want a shop- ping center here unless residents want it; that he actu- ally did not request the rezoning but city staff had pointed out many times that the land must be rezoned to conform with the General Plan; that if a regional shopping center can be located in Rohnert Park rather than the Urban Renewal Project shopping center in Santa Page 10. August 5, 1974 than the Urban Renewal Project shopping center in Santa Rosa there would be much less air pollution and traffic congestion ;,that it.would be:fine with him to rezone the property to a study zone if the city had one. Councilman ,Flores . asked,Mr. Codding what would justify development of his shopping center. Mr. Codding used his firm's Merced shopping center as an example. He advised there were approximately 90,000 people in .Merced County and approximately 28,000 in the -'City of Merced and the shopping center there is doing fine; it currently has a Sears, Yards, and Mervyns as well as small shops. He also commented that Coddingtown covers approximately 50 acres and is all impervious. There being no one else desiring to be heard, Mayor Beary continued the public hearing to August 19th, File 4336A t Cofego AI'Anh �iriA Director Skanchy `ex a ned the request of Enterprises Applica- of Cofego° n erp`ise for're,zon ag and amendment to the tion for Rezoning and General Plan of approximately 105+ acres and pointed out Amendment to the '' A the ocatai.on of"the proporty %on`'Cofego Enterprises zoning General Plan maps prepared by Murray & McCormick which were on display. He advised that the Planning Commission recommended 1.6 acres for, rezoning to "CR -PD" for the proposed McDonalds, 30 acres to "CR -PD", 9.6 acres to "RM- 2000" and the remainder'to "PA -PD ". He pointed out the maps on display which depicted what zoning the applicant requested, what the Planning Commission recommended, and what staff recommends for the Cofego, lands and the Rogers lands. He explained that staff noted problems of a landlocked par - cel, that state law prohibits creating any landlocked areas, and therefore staff recommended rezoning to "PA" from Copeland Creek north to Hunter Drive and the remain - der of the property as shown on the General Plan; he explained that the 9IPA" zoning would allow the proposed McDonalds restaurant by issuance of a use permit. It was stipulated by the. Council and Mr. Golis that both File 0336A items listed on the Council agenda be consid- ered as one matter. Mayor Beary declared the public hearing open on File 0336A, Cofego Enterprises application for rezoning and amendment to the General Plan of approximately 105+ acres. r . Ca.ty " Manager. Call.inan noted the- ;letter from Tom Frenaye dated Augzst'5'read` during the public hearing on File 0359,which expressed opposition to the rezoning at this time Mr. Paul Golis of Cofego Enterprises was recognized. He asked for clarification of the maps, stated this was the first he had heard of the staff recommendations, and com- Page 11. August 59 1974 mented generally concerning the environmental procedures being used by one city to stop another from developing commercial areas; and stated that the property in Rohnert Park is better drained than in Santa Rosa. A lengthy discussion followed regarding the location of Hunter Drive. In response to a question from the Council, City Attor- ney Flitner advised,that if it is determined there is no inconsistency with the General Plan then the land could be rezoned. In response to a question from the Council, Planning Director Skanchy advised that the portion of the prop- erty for the proposed McDonalds restaurant Is inconsistent with the General Plan. There being no one further desiring to be 'hpqiirl - Mnwn-r Beary declared the public hearing continued to August 19th. File 0358, Jimmie Planning Director Skanchy explained the rezoning and Rogers, Application. amendment to the General Plan application of Jimmie for Rezoning and Rogers for 11,8 acres north of Copeland Creek with Amendment to the approximately 450 feet of frontage on Commerce Blvd. General Plan Mayor Beary declared the public hearing open on File 0358, Jimmie Rogers, application for rezoning and amend- ment to the General Plan, City Manager Callinan noted the letter from Tom Frenaye dated August 5 read during the public hearing on File 0359 which expressed opposition to the rezoning at this time. There being no one desiring to be heard, Mayor Beary -declared the public hearing continued to August 19th. Recess Mayor Beary declared a recess at this point in the -meeting, the time being approximately 10:50 p.m. Reconvene Mayor Beary reconvened the meeting with all Councilmen present at approximately 11:00 p.m. File 0350, Zoning Mayor Beary advised that File 0350 would be considered Ordinance Amendment next since there were several residents waiting in the re Prohibiting Parking audience to speak on File 0350. of Large Commercial Vehicles in "R-111 Planning Director Skanchy advised that the Planning, Districts Commission had recommended a change in the Zoning Ordi- nance to prohibit parking of large commercial trucks in residential areas and read thx prnposed arne-neimpn+ to the ordinance. Mayor Beary declared the public hearing open on File 0350, Zoning Ordinance amendment re prohibiting parking Page 12. August 5, 1974 of large commercial vehicles in "R -11" (Single Family Residential) Districts. City Manager Callinan read a petition presented which protested =the parking of a large truck at 8749 Laurelwood Drive. He also noted that notice of the public hearing had been given by publication in the local newspaper. Mr. Petzhold, 8741 Laurelwood Drive, was recognized. He commented that he did not believe the truck should be allowed to park in the" residential area and feared such uses might increase if it were not stopped. Mrs. Daniel Rishe, 8739 Laurelwood Drive, was recognized. She commented she had small children and the driver of the truck could not see small children when backing the truck into the driveway and she feared for the safety of children in the neighborhood. There being no one further desiring to be heard, Mayor Beary declared the public hearing closed. Ordinance No. 235 AN ORDINANCE AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Re Parking of Large Vehicles iii Residential Districts) Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, Ordinance No. 235 was introduced. M. Fredericks and- Cotati- Rohnert Park Elementary School District Trustees T. Carbone Maurice Fredericks and Tony Carbone requested and received permission to make a brief presentation. They advised that the first public hearing had been scheduled for August 8 at the Rohnert Park Junior High School on the proposal to reorganize the school district to encompass the junior and senior high schools and requested.that someone from the Council be at the meeting. Mayor Beary advised that Councilman Smith had indicated he would attend. In response to a question from the Council, Mr. Fredericks advised that the exact boundaries of the proposed reorga- nization were unknown to the Board of Trustees at.this time, but that they would be presented at the public hearing. File 0368, Wilshire Planning Director Skanchy recommended that action on File Company, Rezoning 0368, Wilshire Company rezoning application, be deferred Application until the Zoning I Ordinance is amended to provide for a "C- Rec. " (Limited Commercial District). He explained the rezoning application, "advised of the surrounding zoning, and noted that the use would accommodate the proposed bowling alley. Page 13. August 5, 1974 Mayor Beary declared the public hearing open on File 0368, Wilshire Company, rezoning application for approximately 12 acres located south of Golf Course Drive east and adjacent to Northwestern Pacific Railroad from "All to any commercial district permitting commercial and amuse- ment type facilities. City Manager Callinan advised that notice of the public hearing had been published in the local newspaper and mailed to property owners in the area of the property. City Manager Callinan noted the letter from Tom Frenaye dated August 5 read during the public hearing on File 0359 which expressed opposition to any rezoning at this time. There being no one desiring to be heard' Mayor Beary declared the public hearing closed. File 0356, Zoning City Manager Callinan summarized the 'Proposed Ordinance Amendment Zoning Ordinance amendment re storage.of building re Storage of Building materials, waste material receptacle's and inoperative Materials, Waste vehicles in front and side yards. Material Receptacles and Inoperative Vehicles Mayor Beary declared the public hearing open on File 0356, in Front and Side Yards Zoning Ordinance amendment. There being no correspondence received and no one desir- ing to be heard, Mayor Beary declared the public hearing closed. Ordinance No. 93r, AIT nrMTMANTO-P A.TVIE14DING, TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Prohibiting Storage of Certain Vehicles, Garbage and Trash Receptacles, Building Materials, Lumber, Junk & Debris in Required Front or Side Yards) Upon motion of Councilman Flores, ziecoiiaoa by councilman Smith, and unani-mmisly appi,oved, Ordinance No. 236was introduced. File 0367, Zoning City Manager Callinan reviewed the proposed Q,:-d1nance. Ordinance Amendment re Adding "C-Rec" Mayor Beary declared the public hearing open on File District 03679 Zoning Ordinance amendment re adding "C-Rec" (Limited Commercial) District. City Manager Callinan advised that notice of the public hearing had been published in the local newspaper. There being no one desiring to be heard, and nocor- respon once, veceived on the watter, Mayor Beary dec tared ., the public hearing closed. Ordinance No. 237 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TEXT OF ORDINANCE DINANCE NO. 639 ZONING ORDINANCE (Establishing C-Rec District) Page 14. August 5, 1974 Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, Ordinance No. 237 was introduced. File 0368, Wilshire City Attorney Flitner advised that it would be alright to Company Rezoning introduce an ordinance placing " "C- =Rec " zoning on the Wilshire Company's land as was considered at the public hearing earlier inthe meeting with the understanding that unless Ordinance No. 237 became effective that the action would be moot, but that the establishment of the new zoning district and its use can be done concurrently. Ordinance No. 238 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map- Wilshire Company, File 0368) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins -, seconded by Councilman Flores, and unanimously approved.by the following roll �ddl1 vote, Ordinance No. 238 was introduced by title: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary NOES: (0) None File 0242, Zoning Ordi- Mayor Beary declared the public hearing open on File nance Amendment re Terms 0242, Zoning Ordinance Amendment re terms of office of Office for Planning for Planning Commissioners. Commissioners City Manager Callinan advised that notice of the public hearing had been published in the local newspaper; he read a letter dated August 5 from Tom Frenaye endorsing the proposed amendment. There being no further correspondence and no one desiring to be heard, Mayor Beary declared the public hearing closed. Ordinance No. 239 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Re Terms of Planning Commissioners) City Attorney Flitner reviewed the ordinance. Upon motion of Councilman Smith, seconded by Councilman Eck, and approved by the following roll call vote, Ordi- nance No. 239 was introduced as amended; i.e. two year staggered terms and appointment date being July 1, 1975: AYES: (3) Councilmen Eck, Hopkins, and Smith NOES: (2) Councilmen'Flores and Beary Community Center City Manager Callinan reviewed'his memo to the Council Air Conditioning dated August 2 and a,memo from Parks and Recreation Direca top Pekkain concerning air conditioning of the Community Center. Discussion followed.' Page 15. August 5, 1974 Library Site, Negoti -- Councilman Eck reported that he, Councilman Hopkins, and ations with Cofego: Mr. Paul Golis of.Cofego Enterprises had met briefly - Enterprises during which an offer was made by Cofego Enterprises to sell the proposed library site to the city for $1.00 per square foot which would include the completion of Hunter Drive in front of the parcel. City-Manager Callinan advised that a letter had been received from Cofego Enterprises confirming said offer. Discussion followed. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, staff was authorized to proceed with the purchase of the proposed library site from Cofego Enterprises'. Codding Enterprises Discussion was held on the Codding Enterprises offer of Offer,of 15 Acres on 15 acres on the west side of the freeway for civic center, . West Side of Freeway library, post office, and park purposes. For Civic Center Use Mr. Hugh Codding of Codding Enterprises introduced Mr. Eivin'Falk;`Architect, who exprained his proposed site plan for the civic center which was on display.. General discussion followed. The Council took no action on the matter but indicated that it would be considered further at a later meeting. County Special Park City Manager Callinan noted the communication from Joseph Acquisition Fund Rodota, County Parks and Recreation Director, concerning disbursement to the City of Cotati of funds from the County Special Park Acquisition Fund; he also briefly reviewed his memo to the Council dated August 2 regarding the matter. Discussion followed regarding a possible park site for application of said funds. State Park.Bond Funds City Manager Callinan reviewed his memo to the Council dated August 2 concerning questions on use of the State Park Bond Funds. Coyote I -later Cost City Manager Callinan reviewed his memo to the Council dated August 2 which compared the cost of Coyote Water vs. City well produced water, Junior High Baseball City Manager Callinan reviewed his memo to the Council Field dated August 2 concerning upgrading of the baseball field at the junior high school. Discussion followed during which the Council indicated no objection to.staff proceeding on improvement of the junior high school base- - ball field as outlined in the City Manager's memo. Community Center City Manager Callinan reviewed'his memo to the Council Air Conditioning dated August 2 and a,memo from Parks and Recreation Direca top Pekkain concerning air conditioning of the Community Center. Discussion followed.' Page 16. August 5, 1974 Upon motion of Councilman Eck, seconded by Councilman Hopkins, and approved by the following roll call vote, staff was directed to consider some other method of cooling the Community Center without spending $14,000: AYES (3) Councilmen Eck, Hopkins, and Beary NOES: (2) Councilmen Flores and Smith City Manager's Vacation City Manager Callinan discussed with the Council his desire to take a vacation from August 7 - 14 and appoint - ment of Bob Albright to act as City Manager Pro -Tem during his absence. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the request for vacation and appointment of Bob Albright as City Manager'Pro -Tem were approved as requested. Wastewater Treatment City Manager Callinan advised that a letter had been received from the Water Quality Control Board which indi- cated *that the city's wastewater treatment plant is not meeting the new criteria and that some pressure is being received by said board. Colegio Vista Park City Manager Callinan advised that shrubs had been plant- ed in Colegio Vista Park as directed by the Council.' LaCrosse Ct. Playlot City Manager Callinan advised that many of the improve- ments had been made in the LaCrosse Playlot and invited the Council members to view same.. Special Sewer Service City Attorney Flitner reviewed his meetings with repre- Connection Fees - Rancho sentatives of Roberts 6 Aguirre and their attorney con - Feliz & Rancho Grande cerning disagreement over application of the city's Mobile Home Parks special sewer service connection fees to Rancho Grande .and Rancho Feliz Mobile Home Parks and that it appeared an impasse had been reached. Discussion followed. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and approved by the following roll call vote, City .Attorney Flitner was directed to litigate the matter if necessary: AYES: (4) Councilmen Eck, Flores, Iiopkins, and Beary NOES: (1) Councilman Smith Brown Act, League of City,Attorney Flitner advised that the League of Califor- California Cities nia Cities report concerning the Brown Act was a good. Report one and that he generally agreed with it except for the' portion dealing with salary negotiations in executive session. Appointment to Parks Councilman Flores advised that the Council had met in and Recreation executive session beginning at 6:00 p.m. to interview NOES: (0) None Public,Hearings on Councilman Smith initiated 'a discussion concerning the Appointments to advisability of having public meetings to hold discus- Commissions sions with applicants for commission appointments. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved, the Council authorized public meetings to hold discussions with applicants for commission appointments. Citizen Award for Councilman Smith initiated a discussion concerning the information on Crimes possibility of making awards to citizens for information on crimes, particularly mentioning bicycle thefts. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and approved by the following roll call vote, Page 170 August 5, 1974 Commission applicants for the vacancy on the Parks and Recreation Commission, Upon motion of Councilman-'Flores, seconded by Councilman Hopkins, and approved by the following roll call vote, Ray Lummis was appointed to the Parks and Recreation Commission: AXES: ,(5) Councilmen Eck, Flores, Hopkins, and Beary and Smith , NOES: ('/0,') None Mr. Lummus was present.and expressed thanks to the Council for his appointment. County Advisory Mayor Beary advised that Councilman Eck would serve on Committee on Solid. the County Advisory Committee on Solid Waste Disposal. Waste Disposal League of Calif. Councilman Smith briefly reported on his attendance at Cities Meeting -- Eureka at the recent League of California Cities meeting held in Eureka and discussed with the Council a resolution adopted at said meeting dealing with the League's involvement in certain legislative matters. Resolution No. 74 -.112 RESOLUTION OF THE CITY; OF ROHNERT PARK REGARDING THE ROLE OF THE LEAGUE OF CALIFORNIA CITIES IN CERTAIN LEGISLATION City Manager Callinan. reviewed the resolution. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved by the following roll call vote, Resolution No. 74 -112 was adopted: AYES: (5) Councilmen Eck,.Flores, Hopkins, Smith, and Beary NOES: (0) None Public,Hearings on Councilman Smith initiated 'a discussion concerning the Appointments to advisability of having public meetings to hold discus- Commissions sions with applicants for commission appointments. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved, the Council authorized public meetings to hold discussions with applicants for commission appointments. Citizen Award for Councilman Smith initiated a discussion concerning the information on Crimes possibility of making awards to citizens for information on crimes, particularly mentioning bicycle thefts. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and approved by the following roll call vote, Page 18. August 5, 1974 the matter of citizen awards for information on crimes was referred to staff for evaluation: AYES: (4) Councilmen Flores, Hopkins, Smith, and Beary NOES: (1) Councilman Eck Councilman Flores stated for the record he felt the matter was worth' of scrutiny, being mindful of the fact that staff was being asked -to come back with a recommendation. AB 2040, Bay Area Councilman Smith advised that,amendments to AB 2040 had Planning Agency been reviewed by him and they.seemed to remove most of the objections to the bill; he urged the Council members to study the ABAG report on same, and requested that the matter be scheduled on the next regular meeting agenda. Undergrounding Utilities Councilman Hopkins reported on his meeting with Alma Meeting with Residents Avenue residents regarding of undergrounding of utilities. He advised that the general consensus seemed to be that they were willing to have the project if it did not cost anything, although there were a -few who did not want it even if it was free. His recommendation was to either go ahead with the whole undergrounding project on South - west Boulevard or have the project elsewhere. He further reported that the meeting was good.; he learned of various areas of concern, received citizen input on several items, and particularly noted that only one of the 22 residents present opposed the regional park and that person wanted to vote on everything. Discussion followed. Mr. Ralph Fitch of P. G. & E. was requested to look at the Southwest Boulevard undergrounding project possible affect on backyards and report back at the next regular Council meeting. City Annexation Policy Mayor Beary noted he had a prepared statement expressing his position on annexations. At the request of Councilman Eck, Mayor Beary read said statement. A copy is. attached to the original of these minutes. Councilman Smith responded that to say he plans to annex land to the city is completely false and agrees that any annexation should be placed on the ballot; that he had never indicated -to Land. investors Research that annexa- tion should not be voted upon. Discussion followed. Country Manor Councilman Eck inquired about the status of the access Subdivision Sidewalks walks in the area south of East Cotati Avenue. City Manager Callinan responded that the developer, F'orhim Corporation, was being urged to get the walks completed and had promised to start them any day. Page 19. August 5, 1974 Scout Hut Councilman Flores advised he had received a telephone call from Larry Camotta concerning the possibility of a Scout Hut in Rohnert Park. Staff was requested to report back with recommendations and procedures that might be involved in locating a Scout Hut in the city. Water in Hawaii Mayor Beary brought to the attention of the Council a newspaper article he had read concerning a project in Hawaii to use recycled water for irrigation purposes. Laguna Plant "City Manager Callinan advised that Mr. Eljumaily had called Irrigation System earlier in the day and advised that the use of effluent irrigation system at the Santa Rosa Laguna Plant would be explained Tuesday afternoon and invited anyone interested to attend. League of California Discussion was held on the League of California Cities Cities Annual. Conference Annual Conference. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, any Council member who desired to attend said conference was authorized to do so. Adjournment There being no further business, Mayor, Beary adjourned the meeting at approximately 1:07 a.m. /---:1a6pu Cit)r' lerk APPROVED: Mayor wwre g_ day be required hat-_ Any c»nh 'nr' )anent tnat xectera is Ares