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1980/09/08 City Council MinutesR08NERT PARK CITY COUNCIL MINUTES' September 8, 1980 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 Stewart presiding. The regular session was preceded by an executive session which. commenced at 7:0:5 p.m. and at which all Councilmen, City Manager Pro= Tempore Albright and 'City Attorney Flitner were present and which was held to discuss personnel and litigation matters. Call to Order Mayor Stewart .called the meeting of the regular session` to order at approximately 7 :23 p,m. and led the pledge of allegiance. Present: (5) Councilmen Carbone, Cavalli, Hopkins, Roberts and . Stewart., Absent,,, (0 ) None Staff present for all or part of the meeting: City Manager -Pro- Tempore Albright., City Attorney Flitner, Director of Public Works /City engineer Brust and Planning Director Skanchy: Approval of Minutes Upon motion of Councilman'Cavalli, seconded by Councilman Roberts, and unanimously approved, the minutes of August 25, 1980 were;approved,as submitted. (NOTE: Correction to, ;the, August; 25th minutes , concern•ing.. , "alleged misrepresenta- tion of public, ;funds" ; on, page „6.. of these minutes.) Approval of Bills Upon 'motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the•bills presented per the attached list in the amount of $7101,654_,56 were approved as submitted. . ' =off a. x at .. � 3r a �e s �. sr•. ac _ :�, a :': 3: �: 3: a: o'e CONSENT C.AL'E.N DAR City Manager Pro '= Tempore Albright' referred the Council to his`Comcil meeting memo dated September 4,•1980 for -.explanation of all`the matters on the Consent Calendar. Mr. Albright informed that Resolution "No. 80 -158 should be changed to "Accepting Partial Completion and Directing Engineer,to File Notice of Completion" for the Southwest Boulevard Widening, 'Project No 1979 -16. Resolution No. '80-154 RESOLUTION OF THE R.OHNERT PARK'CITY COUNCIL REJECTING THE CLAIM OF PHILLIP FRITZ•CRAIG - Resolution No. 80 -155 RESOLUTION ACCEPTING`PUBLIC IMPROVEMENTS AND AUTHORIZING RELEASE OF` BONDS FOR MOUNTAIN SHADOWS SUBDIVISION UNIT 1 Page 2 September 8, 1980 Resolution No. 80 -156 RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION (Laguna Verde Assessment District, Project No. 1979 -10) Resolution iio. 4v 157 �' nr Timm r nnnnnmrern n +�*+*r,mT + ++ RL,SvuviivIV nwr.'n" C011rl.ix,�.IO AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION (Snyder Lane and Hinebaugh Creek, Project No.'1978 -1) Resolution No. 80 -15.8 RESOLUTION ACCEPTING PA COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION'`(Southwest Boulevard ,Widening, Project No. 1979 -16) Resolution No., 80 -159 RESOLUTION APPROVING AGREEMENT WITH UNITED CALIFORNIA BANK (For Baseball Field .Seating and Team Building) Resolution No. 80 -160 RESOLUTION APPROVING AND "AUTHORIZING EXECUTION OF CONTRACT FOR BOND CONSULTANT SERVICES Resolution No. 80 -161 RESOLUTION DETERMINING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FROM PROPERTY TAXES AND SETTING TAX RATE FOR 1980 -81 FISCAL YEAR FOR GENERAL OBLIGATION BONDS Ordinance No. 373 AN, ORDINANCE OF THE CITY OF ROHNERT PARK FINDING AND DECLAR- ING PUBLIC URINATION AND DEFECATION AND THE PUBLIC EXPOSURE OF PRIVATE PARTS FOR THE PURPOSE THEREOF INIMICAL TO THE PUBLIC .HEALTH, SAFETY AND WELFARE AND PROHIBITING SUCH ACTS Upon motion`of'Councilman Hopkins, seconded by Councilman Roberts,'and unanimously approved, reading of Resolution Nos. 80 -154 through '80 -4161 and Ordinance No. 373 was waived and said resolutions and ordinance were adopted. Planning and Zoning City Manager Pro - Tempore Albright, referring to his September Matters 4, 1980 Council meeting memo, informed that the planning and zoning matters listed on the meeting's agenda were duly noticed for public hearing and copies of all pertinent information had been provided to each Council member. File No. 0752, -: Planning Director Skanchy gave a staff report concerning Kleve C. Johnson. the application of Kleve C.. Johnson for precise development plan and architectural review to construct a office /warehouse to be located on Martin Avenue in the Laguna Verde Industrial Subdivision.,: Mayor Stewart.opened; the, .public hearing on the application of Kleve C. Johnson for precise development plan and .architectural review for an office /warehouse structure (File No. 0752). There being no one desiring to be heard and no written communications received, Mayor Stewart closed the public hearing. Page ;3 September 8, 1980 Upon,motion -of Councilman Hopkins,.'seconded by Councilman Roberts, and unanimously approved, the Council granted precise development plan and ,architectural approval to Kleve Johnson for a. office /warehouse (File No. 0752) subject -to the conditions contained in-the planning staff report. File No. 0753 - Planning Director Skanchy gave a staff report concerning Open House Signs the proposed amendment to the Zoning Ordinance to allow "open house" signs in residential districts provided said signs exceed: -two square feet in size and which contain no other language except the words "open house ", together with an arrow indicating the direction to the open house. .He informed that no`firm or realtor name(s) or advertising would appear on the sign. Mayor Stewart opened the public hearing concerning the proposed " amendment to.the.Zoning Ordinance to allow` "open house" signs inresideritial districts subject to certain restrictions. Florence Gresty, representing MLS Real Estate Directors for the.Rohnert Par}- Cotati area, was.recognized and informed that realtors are prohibited from placing signs in public rights =of -way. Arq.: ".Gresty informed that the MLS group had raised $900 to finance acquisition of signs that would comply with the proposed ordinance's requirements and that each aocal realtor would have'a supply of the signs that could be purchased•by anyone for $4.50 per sign. She explained that. the tpurpose.of having uniform signs was to clean -up the neighborhoods and hopefully encourage similar programs in other communities. Bob Rose, Golden West Reaity,.was recognized and commented about cutting down on. he: proliferation of open house and realty signs that clutter various.street corners. Mr. Rose also explained how realtors would cope with the situation of having,more: than one open -house in a neighborhood. Joe Murhpy was 'recognized and explained that the proposed "open house" sign would, for example, substitute five "A" frame type signs that'were: recently located on Country Club Drive. He informed that the problem came to the realtors attention when the Department of Public Safety removed the signs for being in public right -of -way. Bob Rose, Golden West Realty, was again recognized and commented that the'new guidelines..would also limit the harassment to property owners who,are continually being contacted for permission to place a sign on their property. Mrs. Gresty informed thax the MLS realtors group is composed of.37 firms and thax the proposed' amendment to the Zoning Ordinance was.supporte..d by all the MLS members. Councilman Carbone Councilman Carbone 'left the Council.Chambers at this point Leaves in the meeting., the time being.approx I imately 7:46 p.m. Page 4 September 8, 1980 Kevin Florence, 493 Myrtle Avenue, was recognized and suggested that house addresses be listed on the sign so that the public would know if there was more than one open house. Joe .Murphy was recognized and explained that one of the proposed signs could be placed a little further down the roadway pointing out another open house. Mr. Murphy expressed that it was the type of sign being proposed, not necessarily where it would be placed. Bob'Rose, Golden West Realty, was recognized and commented that the local realtors were attempting to have the open house signs blend aesthetically with the community. There being no,one further desiring to be heard and no written communications received, Mayor Stewart closed the public hearing. Ordinance No. 374 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION 17.38.140 OF CHAPTER 17 OF THE R.OHNERT PARK MUNICIPAL CODE TO DEFINE CERTAIN TYPES OF SIGNS AND TO PROVIDE FOR A PENALTY FOR SIGNS OF EXCESSIVE SIZE OF QUANTITY Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and approved by the,following voice vote, reading of Ordinance No. 374 was waived and said ordinance was introduced. AYES: (3) Councilmen Cavalli, Hopkins, and Roberts NOES: (1) Mayor Stewart ABSENT: (1) Councilman Carbone File No. 0745 - City Manager Pro- Tempore Albright informed that Harvey Crocker Homes Kameny'of Crocker Homes had requested that consideration of that firm's application for precise development plan and archtectural.review for 223 attached homes be continued to the.,Septemberf22, 1980,City Council meeting. Mayor Stewart opened the public hearing on Crocker Homes' application for precise development plan and architectural review for 223 attached homes (File No. 0745). There being no one desiring to be heard and no written communications received, Mayor Stewart,continued the hearing to the ;September 22, 1980 Council meeting. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, further consideration of the Crocker Homes' matter was deferred to the September 22, 1980 City Councii. meeting. , Camino Colegio Director of Public Works /City Engineer Brust explained Estates to the Council members that it would be necessary to abandon a portion_ of Camino Colegio in connection with the develop - ment of Camino Colegio Estates, a condominium project located south of East Cotati Avenue. Mr. Brust explained that because the developer had deeded to the city right -of -way for the new road alignment, which he pointed out on a map which was displayed, it would be appropriate at this time to dispose of the old right -of -way. Page 5 September 8, 1980 Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved,.the,Council directed, that staff set a public hearing ,to; consider abandonment of the.unnecessary portion_of, right -of -way for Camino Colegio. Shirley Russell- City Manager Pro - Tempore Albright informed that copies Resignation of a letter from Shirley Russell,resigning from the Cultural Arts Commission had been distributed to each Council member. Upon motion of Councilman, Roberts, seconded by Councilman Hopkins, and unanimously approved, the Council acknowledged receipt of Mrs. Russell's,letter of resignation, and directed, that a resolution expressing appreciation for her years of service be, prepared. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken ors any communications except as specifically noted in these minutes. Discussion was held concerning City Manager Callinan's August 27,;1980 letter to Mary, B. Clark concering a bicycle lane on the south side of the Southwest Boulevard extending from,Snyder Lane.to Adrian Drive and,the fact that Mrs,. Callinan's letter indicated,'the bicycle path was on the "north" side of the _street. ' The Council requested that a letter be directed to Mary Clark correcting the error. Recess Mayor Stewart called a recess at this point in the meeting the time being approximately:8:03 p.m,, Reconvene Mayor Stewart reconvened the meeting at approximately 8:10 p.m. with all Councilmen except Councilman Carbone present. Cultural Arts Amphi- City Manager Pro- Tempore Albright informed that copies theatre Fund Raising of -the Cultural Arts Corporation's treasurer's report recapping funds raised by the Cultural.Arts group for the amphitheatre had been provided to'each Council member. Mayors', .and Council- City, Manager Pro - Tempore Albright informed that the Mayors' men's and Councilme n's Association of Sonoma County would be meeting on September 11, 1980 at the LaFontana restaurant in. Santa Rosa and polled the Council members to determine which.individuals.would be attending.' Cultural Arts Amphi- Bob "Rose was recognized and inquired what had happened theatre Fund Raising with reference to the Cultural Arts amphitheatre fund raising _..- report. City Manager Pro- Tempore Albright explained that copies of the recap of funds .raised for the amphitheatre had been provided to each Council member. League of Upon motion of Councilman Roberts, seconded by Councilman CA Cities /National Hopkins, and unanimously approved, Mayor Stewart was appointed League of Cities, as the city's voting representative and Councilman Cavalli Voting. Delegates as the alternate for the League of California Cities annual conference.in Los Angeles and Mayor Stewart as the city's voting representative,and Councilman Hopkins as the alternate for the National League'of Cities Congress of Cities annual conference in Atlanta, Georgia. Page 6 September 8, 1980 Bicycle Safety Councilman Hopkins informed that he recently witnessed an incident when a' youngster riding a bicycle was almost hit by a truck because the youngster was not observing bicycle safety rules. Discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the Council directed staff to prepare a bicycle safety program for its consideration with the Department of Public Safety's comments on same. Sculpture Contest Mayor Stewart initiated a` discussion concerning the Cultural Arts group sculpture contest to have a sculpture constructed at the Community Center on Snyder Lane and the fact that the artist who won the contest cannot construct his sculpture for the amount originally anticipated. Bob Rose was recognized and commented that the sculpture contest had become quite confusing because of the unanticipated increase in cost for constructing the sculpture. He informed that a repres©ntative of the Cultural Arts group would be contacting' City Attorney Flitner regarding the matter. Marin County Growth Mayor Stewart informed that Dennis Emerly, San Rafael, had contacted her concerning the city's interest in sending a letter to the City of `San Rafael concerning downzoning a 33 acre site'. Discussion followed. The consensus' of the Council was that the Mayor should send - a letter to the Association of Bay Area Governments, with a copy to the City of San Rafael, commenting on Rohnert Park's position concerning growth in Marin County. Founder's Day. Mayor Stewart commented the Founder's Day Committee for an excellent "job. Discussion followed. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, staff was directed to prepare a resolution expressing appreciation to Dr. Ransom Sare for another outstanding job as Chairman of the Rohnert Park Founder's Day Committee. Jack Behl Mr. Behl was recognized and,referring to page 2 of the August 25, 1980 minutes, inquired how Mr. Duport was able to appear as an unscheduled public appearance at the beginning of the Council meeting. Councilman Roberts informed that the Council had voted to allow Mr. Duport to speak at that time. Mr. Behl asked that the page 7 of the minutes be corrected to reflect that he expressed concern about his alleged misrepresentation of "public funds" and not the "Cultural Arts' Commission. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the Council took note of Mr. Behl's comments and amended the minutes of August 25, "1980 to reflect same. Page 7 September 8, 1980 Expressway Widening, City Attorney Flitner informed that the city had received Project No. 1979 -18 a letter from Ghilotti Brothers' attorney's protesting the city's deletion of Items No. 1 for a project sign and No. 20 for cobblestones in connection with the Rohnert Park Expressway widening project. Mr. Flitner advised that the city should accept the low bid of Ghilotti Brothers and then delete Items No. 1 and 2 if it so desired. More details will be provided at the next Council meeting concerning the matter. Upon motion of Councilman Cavalli, seconded by Councilman Hopkins, and unanimously approved, the Council directed City Attorney Flitner to follow -up on this matter. Adjournment There being no further business, Mayor Stewart adjourned the meeting at approximately 8:37 p.m. Deputy City -Clerk Faus