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1973/04/16 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES .April 16, 1973 The Council of the City of Rohnert Park met this date in regul.ar.session commencing at 7:07 p.m. in the City offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. The regular session was preceded by an executive session which commenced at 7:00 p.m, and at which all Councilmen were present except Councilman Roberts and which was held to discuss Council ex- officio appointments. Call to Order. Mayor Flores called the meeting of the regular session to order at-approximately-7:07 p.m. and led the pledge of allegiance. RoliCall Prese nt: (4) Councilmen Beary, Hopkins, Smith and Flores Absent: (0) None.' Late: (1) Councilman Roberts, his time of arrival is specifically noted in the minutes Staff present for all or part of the meeting: city Manager Callinan, City Attorney Maxwell, Engineers Hudis and Woods, Planning, Director Skanchy, and Administrative Assistant Yristensen> Executive Session Mayor Flores announced that an executive session had been held prior to the regular meeting to discuss Council ex- officio appointments. Approval of Minutes Upon motion of Councilman Hopkins, seconded by Councilman Reary, and unanimously approved, the minutes of April 2 and 11 were approved as submitted. Approval of Bills Following a brief discussion concerning a payment listed to Debra Homes, which City Manager Callinan explained, a motion was made by Councilman Smith, seconded by Council- ran Beary, and unanimously approved, and the bills present - ed per the attached list in the amount of $58,134.10 were approved, Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any communication except as noted specifically in these minutes. Councilman Beary initiated a brief discussion concerning copies of resolutions received from the Cities of Livermore and Long Beach regarding non - returnable beverage containers and urban public transportation, Resolution No. 73 -35. Resolution No. 73 -36 Page -2- April 16, 1973 RESOLUTION URGING THE COUNTY SUPERVISORS' ASSOCIATION OF CALIFORNIA AND THE TEAGUE OF CALIFORNIA CITIES TO SEEK ACTION TO ALLEVIATE THE PROBLEM OF LITTER AND WASTE DISPOSAL CREATED BY THE SALE OF BEVERAGES IN DISPOSABLE, NON - RETURNABLE CONTAINERS Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 73--35 was adopted by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK URGING THE ENACTMENT OF SENATE BILL 502, "THE FEDERAL -AID HIGHWAY ACT OF 1973119 PERTAINING TO URBAN PUBLIC TRANSPORTATION Upon motion of Councilman Beary, seconded by Councilman Smith, and approved by the following roll call vote, Resolution No. 73 -36 was adopted by title: AYES: (3) Councilmen Beary, Smith, and Flores NOES: (1) Councilman Hopkins ABSENT: (1) Councilman Roberts C. E. Barnhart Mayor Flores noted that Building Inspector Barnhart had Commendation received a resolution of commendation from the Sonoma County Codes Advisory Board. A brief discussion followed during which it was requested that a letter congratulating Mr. Barnhart be sent over the Mayor's signature. Marie County Mr. Allen Telford, Executive Officer, Marin County Mosquito Mosquito Abatement Abatement District was recognized. He advised that even District Representative though there were some mosquitos in the community there was no *emergency situation, outlined the methods of control used by his district, and gave some background on the district. Mr. Telford recommended that the Sonoma County Health Department be contacted if mosquito control was desired for the community since his district does not pro - vide service on a contract basis due to insufficient man - power. Chamber of Commerce Discussion followed with Mrs. Lorain, 7879 Burton Avenue: participating. Mr. Jack Eddinger and Mr. Don Jones of the Rohnert Park Chamber of Commerce were recognized. Mr. Edd.inger gave a presentation on behalf of the Chamber giving a brief hist- ory of operations and the need for commercial and indus- trial development in the community and the Chamber's proposal for a revamped business license ordinance with 900 of the fees paid being turned over to the Chamber. Mr. Jones gave some background of how the Chamber's proposal for a revised business license ordinance came about, gave some examples of proposed fees, and advised that revenues would be approximately doubled if the proposed fees were applied, based on the present businesses. Page -3- April 16, 1973 Councilman Ho pk_;n. s Hopkins left 4-U .L JLL tlie Council Chaumbers during Mr. .Leaves and Returns Jones presentation, the time being approximately 8:18 p.m. He returned at approximately 8:19 p.m. Discussion followed concerning the Chamber of Commerce proposal with Mr. Jones and Mr. Eddinger participating. Councilman Roberts Arrives Sonoma State College Athletic Benefit Golf Tournament P. G. & E.,'Franchise Fee File No. 0254E Rodavco, Inc. Appl. for Zoning City Attorney Maxwell outlined some modifications that would be necessary in the proposal in order to comply with legal requirements. Upon motion of Councilman Beary, seconded by Councilman H—op'll-ins, and approved, t1fle Chamber of Commerce proposal for revised business license ordinance was approved in concept with modifications to be made as outlined by Mr. Maxwell and subject to staff's comments after it is'J reviewed. Councilman Roberts arrived at this point in the meeting, the time being approximately 8:25 p.m. City. Manager Callinan brought to the attention of the Council a letter from Chamber of Commerce President Jack Eddinger requesting a $1.00 green fee for the Sonoma State College Athletic Benefit.Golf Tournament. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the $1.00 green fee was approved for the Sonoma,State College Athletic Benefit Golf Tournament. Mr. Ralph Fitch of Pacific Gas and Electric Company was recognized. He presented a check in the amount of $8,400 to Mayor Flores representing his firm's franchise fee for 1972. City Manager Callinan declared a conflict of interest, stating he was a stockholder in Rodavco, Inc., and that he had not participated in any discussions at staff level on I this matter. Planning Director Skanchy pointed out the location of the proposed Rodavco, Inc. rezoning on the General Plan map and explained the tentative map for Country Club Estates, Unit No. 6, both on display. Mr. Skanchy reported that the Planning Commission had recommended rezoning to Rl-8000-PD for the subject property and that copies of his staff reports to the Planning Commission had been provided to each member of the Council. Mayor Flores declared the public hearing open on the application of Rodavco, Inc. for zoning to R1-8000-PD (Single Family Residential District, Planned Unit Develop- ment) of approximatly 18 acres in the area south of the golf course. No written communications were received and there was no one desiring to be heard. Page -4- April 16, 1973 Mayor Flores declared the public hearing closed. Councilman Smith inquired of City Attorney Maxwell if there was any conflict of interest on the part of City Manager Callinan in participating at staff level on the properties in the Shapell rezoning since they were in the same general area. City Attorney Maxwell opinioned that there was no legal conflict of interest on City Manager Callinan's part. Councilman Beary Councilman Beary left the Council Chambers during the Leaves and Returns above discussion, the time being approximately 8:35 p.m. He returned at approximately 8:37 p.m. Ordinance No. 197 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map Change--Rodavco, Inc. File No. 0254E) City Attorney Maxwell explained the ordinance. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, the reading of Ord- inance No. 197 was waived and said ordinance was intro- duced. File No. 0254F Planning Director Skanchy pointed out the location of the Forhim Corp. Forhim Corp. proposed rezoning on the General Plan map Apply for Zoning and explained the tentative map for Country Club Estates, Unit No. 7, both of which were on display. Planning Director Skanchy reported that the Planning Commission had recommended rezoning to R1-8000-PD for only 2.5 acres of the subject property and that copies of his staff re- ports to the Planning Commission had been provided to each member of the Council. lie also noted that the Planning Commission had given architectural approval for the model homes on Country Club Drive off the Rohnert Park Expressway, four for Forhim Corp. and four for Condiotti Enterprises. Mayor Flores declared the public hearing open on the application of Forhim Corp. for zoning to R1-8000-PD (Single:Farnily Residential District, Planned Unit Develop- ment) of approximately 2.5 acres north of the Rohnert Park Expressway on proposed extension of Country Club Dr. No written communications were received and there was no one desiring to be heard. Mayor Flores declared the public hearing closed. Ordinance No. 198 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning.Map Change--Forhim Corp. File 0254F) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the reading of Ordinance No. 198 was waived and said ordinance was introduced. Page -5- April 16, 1973 NIP Mn- n9R7 PInni'lincy T)i rntn-" (Z1­n-nrh-,r thp site n1 nn nnrl Warehouse Furniture architectural rendering on display and reviewed his staff Leasing and Rental report to the Planning Commission concerning Warehouse Co., Appl. fox, Site Furniture Leasing and Rental Co. application for site Plan Approval plan approval. Mayor Fl,ores,declared the public hearing open on the application of Warehouse Furniture.Leasing and Rental Co. for furniture and warehouse store site plan approval, in CR-PD (Regional Commercial, Planned Unit Development) District on the west side of Commerce Blvd. adjacent to U. S. 101 and south of Rohnert Park Expressway. Vern Avila, Designer, was recognized and further explained the site plan and architectural rendering on display, Discussion followed with Mr. Avila participating regarding loading dock facilities. Mr. Avila explained the loading area would actually be inside the building and out of view. Mr. Tom Grannard of the applicant firm was recognized. In response to a question from the Council he explained that Warehouse Furniture L easing and Rental Co. was a ' corporation for building purposes only, that Self-Service Furniture would be leasing the building and operating the business which would not involve any leasing or renting of furniture. There being no one further desiring to be heard, Mayor Flores declared the public hearing closed. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the site plan for Ware- .house Furniture Leasing and Rental Co. was approved. File No.. 0275 Planning Director Skanchy reported that the Final Map for Gentry Development Co Country Club Estates, Unit 1A conforms to the tentative Country Club Estates, map for same and read findings from the Subdivision Map Unit 1A, Final Map A C4, El L. that would require denial of final map City Manager Callinan reviewed his memo to the Council .dated April 13.coucerning File No. 0275 and read a letter from Petaluma School District Supt. Meyer dated April 11. Councilman Smith read a letter dated March 21 from Peta- luma School District Supt. Meyer. Mr. Jimmie Rogers was recognized and commented it was totally unfair to impose any fee on developers in Rohnert Park for schools when other communities using those same schools would not be requiring developers to do so; that ,it-is the responsibility of the State to finance schools. Discussion followed with Mr. Rogers participating during which it was pointed out that Supervisor Vella was working with Senator Collier in drafting legislation to be introduced in this session that would impose fees on developers,for school space. It was also pointed out that the area being talked about was formerly in the Page -6- April 16, 1973 Santa Rosa and Bellevue School Districts and there was no indication that fees for schools would be imposed on developers when the landowners supported the change in school district boundaries to include the area in the Petaluma and Cotati-Rohnert Park School Districts. Councilman Roberts made a motion, seconded by Councilman Hopkins, to approve the Final Map for Country Club Estates, Unit 1A (File 0275) subject to the conditions outlined in City Manager Callinan's memo dated April 13. Mr. Rogers was again recognized. lie requested clarifica- tion of conditions of the tentative map yet to be met. City Manager Callinan reviewed conditions on the tentative map contained in the Staff Report prepared for the Planning Commission dated January 25, 1973. Discussion followed with Mr. Rogers participating. It was agreed that the condition regarding schools would be eefta-ia__ _ by the Council. Councilman Roberts' motion was approved by the following roll call vote: AYES- (4) Councilmen Beary, Hopkins, Roberts and Flores NOES: (1) Councilman Smith Councilman Smith stated for the record he voted no because the High School District had indicated Rancho Cotate High School would be on double sessions in 1974-5; the elem- entary district had indicated there would be some double sessions required this fall; did not agree that the Coun- cil should take the position of impeding education; that this was a classic example of knuckling under to developers; did not want to see children on double sessions, and if developments were not being allowed they would not be necessary. Mayor Flores stated for the record that the sole purpose of school boards is to educate children; when children are here the schools are built and those children that come later should not be penalized; that the antiquated system of providing schools must be revised; the respon- sibility for providing schools is with the State Legisla- ture; that double sessions is only one alternative pro- posed and he believes there are others that are much more feasible. Councilman Hopkins stated for the record that citizens who do not have children complain about paving taxes to educate the children of others; that families without children would hesitate to move to Rohnert Park upon learning of a fee for schools; that the idea for tempor- ary fees for schools is skirting the issue, the respon- sibility for schools rests in Sacramento and it is time to Page -7- April 16, 1973 ask the legislature to find a solution. Councilman Roberts stated for the record that the school districts have always said they could handle our problems-, that citizens are concerned about double sessions or a 45-15 plan,-, that concerns only seem to be about school space, not about the quality of education; and thought more concern should be focused on quality of education. File No. 0254B Planning Director Skanchy reported that the Final Map Condiotti Enterprises for Country Club Estates, Unit 3A conformed to the tenta- Country Club Estates tive map for same which was on display. A brief discuss- Unit 3A, Final Map ion followed concerning the conditions contained in City Manager Callinan's memo to the Council dated April 13 relative to approval of the final map. Ordinance No. 195 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map--Qantas Development Corporation)(File No.0283) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and approved by the following roll call vote, the final map for Country Club Estates, Unit 3A (File 02548) was approved subject to the conditions outlined in City dated April Manager Callinan's memo to the Council 'yw 13 with the condition regarding schools contained in the Planning Staff report dated January 25 being eonsridey-_d4 AYES: (4) Councilmen Beary, Hopkins, Roberts and Flores NOES: (1) Councilman Smith Councilman Smith stated for the record he voted no for the same reasons as stated previously; that tonight was an example of government being very foolish and in order not to lose his composure he would say goodnight. Councilman Smith Councilman Smith left the Council Chambers at approx- Leaves imately 9:35 p.m. File No. 0254C Planning Director Skanchy reported that the Final Map for Forhim Corp., Country Club Estates, Unit 4, conformed to the tentative Country Club Estates map for same which was on display. A brief discussion Unit 4, Final Map followed concerning the conditions contained in City Manager Callinan's memo to the Council dated April 13 relative to approval of the final map. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the Final Map for Country Club Estates, Unit 4 (File 0254C) was approved subject to the conditions outlined in City Manager Callinan's memo to the Council dated April 13 with the 9' condition regarding schools contained in the Planning Staff report dated January 25 being dtisd Ordinance No. 195 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map--Qantas Development Corporation)(File No.0283) City Manager Callinan explained the ordinance. Ordinance No. 196 Recess Reconvene Ordinance Regulating or Prohibiting the Use of Motor Bikes in Drainage Ways and Certain Other Public Areas Resolution Outl , iniug Council Policy on Growth April 16, 1973 Upon motion of Councilman Beary, seconded by Councilman Hopkins, and approved by the following roll call vote, the reading of Ordinance No. 195 was waived and said ordinance was adopted: AYES- (4) Councilmen Beary, Hopkins, Roberts and Flores NOES: (0) None ABSENT: (1) Councilman Smith AN ORDINANCE AMENDING ORDINA\TCE NO. 63 (Zoning Map Change--Spivock Company File 0205) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and approved by the following roll call vote, the reading of Ordinance No. 196 was waived and said ordinance was adopted: AYES: (4) Councilmen Beary, Hopkins, Roberts and Flores NOES: (0) None ABSENT: (1) Councilman Smith Mayor Flores declared a recess at this point in the meeting, the time being approximately 8:42 p.m. Mayor Flores reconvened the meeting at approximately 8:52 p.m. Consideration of the ordinance concerning the use of motor bikes listed on the agenda was deferred at the req- uest of City Attorney Maxwell since all information requested from the League of California Cities pertaining to same had not been received. City Attorney Maxwell advised that he had prepared a draft of a resolution outlining Council policy on growth, but since the Planning Commission had recommended that any such policy should be incorporated in the General Plan he would like to revise the draft and mail copies to each Councilman prior to the next regular meeting. Council indicated, agreement with Mr. Maxwell's suggestion. Resolution No. 73-37 RESOLUTION ACCEPTING GRANT DEED FROM CALTEX EQUITIES (41 strip along R.P. Expressway adjacent to Park Plaza Shopping Center) City Manager Callinan explained the resolution. Upon motion of Councilman Beary, seconded by Councilman Roberts, and unanimously approved, the reading of Page -9- April 16, 1973 Resolution No. 73 -37 was waived and said resolution was adopted. City e�c.la ned�.:the'Coun'try Club Drive Improvement Project No. 1972 -9. Resolution No. 73 -38 A RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 72 -131 ENTITLED 41 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS" (Country Club Drive, Improvement Project No. 1972_.9) City Manager. Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved the reading of Resolution 73 -39 was waived and said resolution was adopted. Resolution No. 73 -40 A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE (Country Club Drive Improvement Project No61972 -9) City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 73-40 was waived and said resolution was adopted. Resolution No. 73-41 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE (Country Club Drive Improvement Project No. 1972 -m9) City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 73 -41 was waived and said resolution was adopted. Resolution No. 73--42 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED (Country Club Drive Improvement Project No. 1972 -9) City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 73-42 was waived and said resolution was adopted Resolution No. 73-43 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT (Country- Club Drive Improvement Project No. 1972 -9) City Manager Callinan explained the resolution. Page -10- April 16, 1973 Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the reading of Reso- lution No. 73-43 was waived and said resolution was adopted. Resolution No. 73-44 A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS (Country Club Drive Improvement Project No. 1972-9) City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 73-44 was.waived and said resolution was adopted. Ex-Officio Assignments Mayor Flores announced that ex-officio assignments to to Various Commissions various commissions and committees had been discussed during the executive session held prior to the regular meeting and read his recommendations as follows: ABAG Councilman Hopkins Cities/Schools Coordinating Committee Councilman Roberts Parks and Recreation Commission Councilman Beary Cultural Arts Commission Mayor Flores Planning Commission Councilman Hopkins Undergrounding Committee Councilman Roberts Alternate Councilman Smith Water Agency Policy Committee Councilman Beary Alternate Councilman Roberts Legislation Review Councilman Smith Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved, the appointments were affirmed as announced. Park Plaza Shopping Councilman Deary inquired about the status of trash cans Center Trash Cans at the Park Plaza Shopping Center. City Manager Callinan responded that he had been advised by Mr. Garrison, developer of the shopping center, that trash containers for exterior location at the shopping center had been ordered. Bus Study Councilman Roberts reported that he had met with college people regarding their survey for bus service, that the Sonoma County Board of Supervisors had endorsed requests for a survey by the Golden Cate Transit District, but no response had been received yet from the Golden Gate Transit District. Page -12- April 16, 1973 Bike Paths Councilman Roberts initiated a brief discussion concerning bike paths. Regional Park Mayor Flores reminded that the proposed regional park site would be available on Easter Sunday for residents to use and an Easter egg hunt was planned for the children. He commented that plastic eggs and candy for the hunt had been donated by T.G. & Y. He also commented that sanitary facilities had been arranged for the day. Tree Planting Mayor Flores announced that planting of trees for residents Project in connection with the tree planting project was tentative- 1 -.7- czo- I i P. (I i 11 M to herrin next vne ok Police Car City Manager Callinan reviewed his memo to the Council Bids dated April 13, concerning police car bids. A brief discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, purchase of a police car from Sanderson Ford, the low bidder, was authorized. Public Hearing on Sub- City Manager Callinan announced that a public hearing on the Regional Waste Water Sub-Regional Waste Water Management Plan for the Santa Management Plan for Rosa Plain had been scheduled for May 7, 1973 by the the Santa Rosa Plain Santa Rosa Board of Public Utilities. Laguna Interceptor City Manager Callinan advised that a public hearing would Project have to be held on the Laguna Interceptor Project but Water Quality Control Board staff felt that the 1973-74 guidelines would be modified and had recommended that the public hearing be delayed until the guidelines are issued. Public Hearing re City Manager Callinan advised that a public hearing on Water Requested from the water requested from the Sonoma County Water Agency Sonoma County Water would he scheduled within the next month if the Council had Agency no objections. No objections were indicated. Country Club Drive City Manager Callinan requested Council authorization to Bridge at Copeland have Engineer Hudis design the Country Club Drive Bridge, Creek at Copeland Creek, advising that Engineer Hudis had estimated the cost of the bridge at $120,000 with design costs at $5,,000 to $8,000 depending on the design required. Discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, Engineer Hudis was authorized to design the Country Club Drive Bridge at Copeland Creek at a cost not to exceed $8,000. Sonoma State College City Manager Callinan reminded that the Sonoma County Environs Plan-Public Board of Supervisors was holding a public hearing on the Hearing Sonoma State College Environs Plan and the Mayor should make a presentation at the hearing. It was indicated that either the Mayor or Vice-Mayor would make said presentation. Page; - -13- April 16, 1973 Extension of Rohnert City Manager Callinan advised tUat County Public Works Park Expressway to Director Don Head had suggested that a presentation on Stony Point Road behalf of the city be prepared for the County Board of Supervisors regarding the extension of Rohnert Park Expressway to Stony Point Road. The Council indicated agreement with said suggestion. Library Facilities City Manager Callinan advised that there was nothing new to report regarding library facilities but it is still being worked. one Adjournment There being no further business, Mayor Flores adjourned the meeting at 10 :15 p.m. to April 23, 1973 at 7:00 p.m. De uty Ci Clerk z APPROVED: Mayor