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1979/06/11 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES June 11, 1979 The Council of the City of Rohnert Park met this date in adjourned regular session commencing at approximately 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Roberts presiding. Call to Order Mayor Roberts called the meeting of the adjourned regular session to order at approximately 6:00 p.m. Present: (5) Councilmen Beary, Carbone, Hopkins, Stewart and Roberts Absent: ( 0 ) None Staff present for all or part of the meeting: City Manager Callinan Others present for all or part of the meeting: Rohnert Park Cultural Arts Corporation Directors: Jack Behl Clara Brown (Chairman of Cultural Arts Commission also) Phil Hyslop Pete McCormick Ann Rasmussen (Cultural Arts Commission also) Shirley Russell (Cultural Arts Commission also) Betty Ferra, 433 Ava Avenue, Rohnert Park Mike McCoy, Press Democrat Jud Snyder, Rohnert Park - Cotati Clarion Steve Truter, Rohnert Park - Cotati Times Mayor Roberts announced that the meeting was suggested to try and clear up what might be some misunderstandings in the Cultural Arts group as to its purpose and relations with the City Council and to discuss other matters of mutual interest. A wide ranging discussion followed between Council members, Cultural Arts group and staff. During the above discussion, Mrs. Betty Ferra, 433 Ava Avenue, pointed out some repairs and minor alterations that should be made to the Burton Avenue Recreation Center. Councilman Beary made a motion, which was seconded by Council- man Hopkins, and unanimously approved, to provide a portable classroom at Emily Avenue Annex or Marguerite Hahn School for storage and /or temporary office purposes for the cultural arts group, assuming a portable is available. Adjournment There being no further business, Mayor Roberts adjourned the meeting at approximately 7:20 p.m. APPROVED: r Deputy City Clerk F'aus Mayor Roberts ROHNERT PARK CITY COUNCIL MINUTES June 11, 1979 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Roberts presiding. .1 to Order Mayor Roberts called.the meeting.of the regular session to order at approximately 7:25 p.m: and led the pledge of alle- giance. .1 Call Present: (5) Councilmen Beary, Carbone, Hopkins, Stewart and Roberts Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner and Planning Director Skanchy. �roval of Minutes City Manager Callinan noted that the "Roll Call" section of the minutes should include Mayor Roberts name in place of Councilman Hopkins' name' which was listed twice. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the minutes of May 29, 1979 were approved as corrected. iroval of Bills Upon motion of Councilman Beary, seconded by Councilman Carbone, and unanimously approved, the bills presented per the attached list in the amount of $898,439.50 were approved. ,ton Avenue Mrs. Betty Ferra, 433 Ava Avenue, was recognized, and ,reation Center commented on the condition of the 'Burton Avenue Recreation Center. Mrs. Ferra suggested that the center's drapes be replaced, a exhaust fan be installed in the stage area and that the ground be leveled, shade trees and a barbecue installed in the patio area. Mayor Roberts explained that when the new Community Center was under full operation, the Burton Avenue Recreation Center would be closed for a period of time in order to make rennovations and repairs. Mrs. 'Ferra inquired if'the seniors could use the new Community Center during the`time the Burton Avenue Recreation Center was closed. Mayor Roberts responded in the affirmative. ling Non- �Agendaed City Manager Callinan requested that time be allotted under ;ms to Agenda the "Planning and Zoning Matters "section of the meeting's agenda to consider the final map for Adobe Creek Townhouses Sub. and Parcel Map No. 63. solution No. 79 -111 RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF ROHNERT PARK APPROVING MODIFICATION OF CITY - CHAMBER OF COMMERCE AGREEMENT RE. PROMOTION FUNDS City Manager Callinan explained the resolution. Page 2 June 11, 1979 Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 79 -111 was waived and said resolution was adopted. Resolution No. 79 -112 RESOLUTION RE- AFFIRMING INTEREST IN CITIES - SCHOOL DISTRICT COORDINATING COMMITTEE City Manager Callinan explained the resolution. Upon motion of Councilman Stewart, seconded by Councilman Carbone, and unanimously,approved, reading of Resolution No. 79 -112 was waived and said resolution was adopted, Ordinance No. 365 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 15.16 OF THE ROHNERT PARK MUNICIPAL CODE (Building and Construction, Electrical Code) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Carbone; and „nanime —sly approved by a roll call vote, reading of Ordinance No. 365 was waived and said ordinance was introduced. Youth Advisory Commis- Michael'Crothers, 8527 Loreto Avenue, Chairman of the Youth sion re. Jr. Statesmen Advisory Commission, was recognized and introduced Commissioner Conference Frank Morris, 305 Jasmine Circle, who would be attending the Junior Statesmen Conference in San Francisco. Mr. Crother, highlighted planned conference activities and solicited Council reaction and /or comments. The Council endorsed having a Youth Advisory Commission member attend the Junior Statesmen Conference in San Francisco File No. 0679 - City Manager Callinan reviewed his June 7, 1979 memo to Ray McKenzie, Precise,, the City.Council pertaining to Ray McKenzie's application Development Plan 6 for precise development,plan and architectural review for Architectural Review a 6,,000 square foot professional building to be located east of Country Club Drive, north of Eleanor Avenue. He informed that copies of the planning staff report had been provided to Council members and that the Planning Commission had recommended the project's approval,.subject to conditions. Planning Director Skanchy described the project referring to the site n l nn and - rpnapri ng nn (display, Mayor Roberts opened the public hearing to consider precise development plan and architectural review for a professional building to be developed by Mr. Ray McKenzie. There being no one desiring to be heard and no written,,... cOlriraunications received, Mayor AODerts closed tine neaps rig. Councilman Hopkins made a motion, which was seconded by Councilman Carbone, to approve Ray McKenzie's application for precise development plan and architectural review for a professional building (File No. 0679) subject to the condi- tions approved by the Planning Commission. Page 3 June 11, 1979 Councilman Beary informed that he had done sub - contracting work for Ray;McKenzie in.the past and there was a possibility that he`would be .a bidder on this project. Mr. Beary asked City Attorney Flitner what his ,opinion would be with reference to his voting on the project under consideration by the Council'. City Attorney Flitner informed that the Fair Political Practices Commission had disqualified a member of the Marin dater District Board of Directors from voting on a particular matter because he had been a bidder.in the past and, therefore, a potential for a conflict of interest existed. He informed that if an individual had done work and /or may do work in the future for a particular contractor, then he should refrain from voting on, the project under.consideration. Councilman Beary informed that he was going to vote on the McKenzie project and asked that the record show that he had requested City Attorney Flitner to write the Fair Political Practices Commission"and determine whether or not 1) his vote was legal and 2) if by being restricted from voting on various projects he was being denied the constitution's guarantee of equal protection. City Attorney Flitner recommended that Councilman Beary abstain from voting, until he had researched the matter further. Discussion followed during which City Attorney Flitner informed that the constitutionality of the Political Reform Act of 1974 had been upheld at the superior court level and that voting on a project, if there was potential for a conflict of interest, could result in a fine among other criminal action. Councilman Beary indicated he would abide by the City Attorney's advice, although he felt that he was`disinfranchised from representing those who'el.ected him to represent them because of his profession. Discussion followed between Council members, City Attorney Flitner and City Manager Callinan. Councilman Hopkins' motion to approve the application of Ray McKenzie for precise development plan and architectural review for a professional building, subject to the conditions approved by the Planning Commission, was approved by the following voice vote: AYES: (4)_ Councilmen Carbone, Hopkins, Stewart & Roberts NOES: (0) None ABSTAIN: (1) Councilman Beary 'ile,No, 0501 City Manager Callinan reviewed a memo prepared by Administrative [oward Boggs, Car Assistant Jones, dated June 7, 1979, concerning the use lash of recycled water in Mr. Howard Boggs' car wash to be located on Transport Avenue (State Farm Drive). City 'Manager Callinan explained that to require the use of recycled water wasn't feasible and that in the event the city were to have a water shortage, an emergency water rationing plan would automatically have jurisdiction over use of water by the car wash operation. Page 4 June 11., 1979 Mr. Howard Boggs,.developer, was recognized and commented on the Council's review of the Planning Commission conditions of approval. Upon motion of Councilman Carbone, seconded by Councilman Hopkins, unanimously approved, the Council ratified the Planning Commission's approval of Mr. Boggs' car wash operati( Parking Lot on City Manager Callinan reviewed his June 7, 1979 memo to Enterprise Drive the City Council regarding the possibility of constructing a parking lot on Enterprise Drive.' Planning Director Skanchy described the site plan on display. After discussion, the Council directed staff to contact Self- Service Furniture to determine whether or not that firm would be interested in consenting to making a portion of the unused parking spaces available to some of the business firms on Commerce Boulevard and Enterprise Drive who presentl: have a lack of parking facilities. Water,Storage City Manager Callinan reviewed his June 7, 1979 memo to Tank Site the City Council and solicited its reaction to the idea of locating a water storage tank on the property immediately east of the Emily School site or Eagle Park on the east side of the creek. Discussion followed. Upon motion of Councilman Carbone, seconded by Councilman Hopkins, and unanimously approved, staff was directed to proceed with the location of a water storage tank in the vicinity of Eagle.Park /Emily School. Parcel Map 63 City Manager Callinan explained Parcel Map No. 63, which was on display, representing a land split in the area north OF the proposed extension of Golf Course Drive, east of Country Club Drive. Urn motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, with Councilman Beary abstaining, Parcel Map No. 63 was approved subject to conditi recommended by the Planning Commission. Final Map: Adobe City.Manager Callinan described the final map for Adobe Creek Townhouses Creek Townhouses Subdivision. Subdivbion Upon motion of Councilman Carbone, seconded by Councilman Hcpkins, and unanimously 'approved with Councilman Beary abstaining, the final map for the Adobe Creek Townhouses Suidivision (91 condominium units) was approved and the Magor was authorized to execute an appropriate subdivision agreement prior to the map being released. Councilman Stewart CouMi,lman Stewart left the Council Chambers at approximately Leaves 8:20 p.m. Community Center and City tanager Callinan informed that each Council member Recreation Facilities had been provided with a copy of proposed fees for recreatioi Fees facilities, a copy of which is attached to the original set of ~hese minutes, and solicited Council re-- action to same. Page 5 June 11, 1979 Upon motion of Councilman Carbone, seconded by Councilman Beary, and unanimously approved, the facilities use-fees, per the attached list, were approved for immediate implemen- tation. Discussion followed concerning the Parks and Recreation Commission's recommendation that no smoking be allowed in the new community center. The Council disagreed and endorsed the idea that either smoking or no- smoking should be left up to the, dscretion -of the various organizations or individuals using the center and directed staff to provide an ample number of cigarette urns in the center. >mmunications Communications per the attached outline were brought to the attention of the City Council.. No action was taken on any communications unless specifically noted in these minutes. Ay Manager's Report City Manager Callinan referred the Council to his Council meeting memo dated June 7, 1979 to the City Council for explanation of all matters on the City Manager's Report section,of the agenda. arbage and Street City Manager Callinan explained that Rohnert Park Disposal weeping Company had submitted a proposal for street sweeping as well as a garbage service rate adjustment. He introduced Mr. Bob Bechetti from Rohnert Park Disposal Co. and Mr. Richard Maxwell, Attorney, who were in the audience. After a brief discussion, Mayor Roberts indicated that he and Councilman Beary would comprise .a Council committee to look into the garbage rate adjustment request and the street sweeping proposal. ederal Revenue City Manager Callinan informed that there had been no response haring Funds or public input at his scheduled public hearing concerning Federal'Genexal Revenue Sharing funds to be received for the coming fiscal year. 'rofile Structures City Attorney Flitner commented on the city's liability .awsuit exposure under the lawsuit by Profile Sturctures, Inc. for alleged non - payment on Emily School. He informed that he would be working with G & V Contractors concerning the matter. ,outhern Pacific City Attorney Flitner informed that he had contacted the Cransportation Co. League of California Cities to determine if there would 'awsuit be some sort of common defense in the class action lawsuit filed by Southern Pacific Transportation Co. for refund of property taxes. Permite Inspection City Attorney Flitner explained that he had researched the matter of whether or not pest control could be a franchised operation and,according to the Business and Professions Code, he would say the answer was 11nolt. Pest control /inspection firms are classified as contractors and, therefore, regulated by the State and complaints should be filed with the Consumer Affairs division. Page 6 June 11, 1979 Mayors' and Council- Mayor Roberts reminded that the Mayors' and Councilmen's men's Assn. Meeting Association of Sonoma County would be meeting at the Green Mli:_. Restaurant on Thursday, June 14, 1979. Discussion followed, Resolution No. 79-113 RESOLUTION COMMENDING DONALD B. HEAD Mayor Roberts read the resolution. Upon motion of Councilman Carbone, seconded by Councilman I9pkins, and unanimously approved, reading of Resolution, No. 79 -«11.3 was w4ived and said resolution was adopted Resolution No. 79 -114 RESOLUTION OF CONGRATULATIONS TO WELCH MITCHELL, "LION OF THE YEAR" Mayor Roberts read the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No: 79114 was wailyed and said resolution was adopted: Joint Board of Super- Mayor Roberts informed that he and.City Manager Callinan visors /City Council had met with Supervisor.Rudee and County Administrator Whorton Meeting concerning the Council's request for a joint Board of Supervis City.Council meeting. Supervisor Rudee would be discussing the matter at the next board meeting. Telephone Service Mayor Roberts initiated a discussion concerning the telephone company's program of changing phone numbers in the area north of Copeland Creek. Adjournment There being no further business, the meeting was adjourned at approximately 8:55 p.m. beputy City Clerk Faus APPROVED,- r a ly-7 ZLL 6t Mayor Roberts CHECKED BY �� t , F t (2) (3) � ' P x t"+`. l4) (5) (6) L I -. �,. tr Y (•. -•.... /......_^ .ems? t, N O n �` +� gn F F / :ro^°' .� f GFa' �. 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