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1972/08/07 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES August 7, 1972 The Council of the City of Rohnert Park met this date in regular session commencing at 7:20 p.m. in the City Offices, 435 Southwest Boulevard, Rohnert Park, with Mayor Roberts presiding. The regular session was preceded by an executive session which commenced at 7:00 p.m. and at which all Councilmen and City Manager Callinan were present and which was held to discuss the resignation of an employee. Call to Order Mayor Roberts called the meeting of the regu- lar session to order at approximately 7:20 p.m. and led the pledge of allegiance. Roll Call Present: (5) Absent: (0) Staff Present City Manager and Engineer C, Councilmen Beary Flores, Hopkins, Smith, and Roberts None Eor all or part of the meeting: Callinan, City Attorney Maxwell, Milton Hudis Executive Session Mayor. Roberts announced that an executive session had been held prior to the regular meeting to discuss the resignation of an employee. Approval of Minutes Upon motion of Councilman Flores, seconded by Councilman Beary, and unanimously approved, the minutes of July 3, 5, 11, 12, 17, 18, and 24 were approved as submitted. Approval of Bills Upon motion of Councilman Smith, seconded by Councilman Beary, and unanimously approved, the bills presented per the attached list in the amount of $32,255.54 were approved. Cuff-Iffo-irl.ic at iol Is 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. File No. 0228 City Manager Callinan reviewed his memo to Automotive Services the Council dated August 4 concerning File Facility iso. 0228. Mayor Roberts declared the public hearing open on File No. 0228, proposed amendh.ant to Zoning Ordinance to add "Automotive Services Facility" to the list of conditional uses allowed in a "M-L" Limited Industrial District. Page 2. August 7, 1972 City Manager Callinan noted that notice of tile public hearing had been published in The Clarion, taut no written communications had I been received, and that the Planning Commis- sion had recommended adoption of the proposed amendment. There being no one desiring to be heard, Mayor Roberts declared the public hearing closed. Discussion followed during which the Council requested an explanation of the proposed automotive service facility currently being considered by the Planning Commission. County Planner John Scudero displayed and explained the site plan for L & B Investments proposed facility. A brief discussion followed. Ordinance.No. 181 AN ORDINANCE AMENDI14G TEXT OF ORDINANCE NO. 63 - ZONING ORDINANCE (Automotive Services Facility in M-L District) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved by the following roll call vote, the reading of Ordinance No. 181 was waived and said ordinance was introduced: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith, and Roberts NOES: ( 0 ) None File No. 0240 1 City Manager Callinan reviewed his memo to Martin Stone Rezoning the Council dated August 4, 1972 concerning Appli-cation to File No. 0240, read the planning staff report of prepared for the July 13th Planning Commis- AP 143-330-15 sion meeting, and explained the tentative map and revised tentative map, both of which were on display. He advised that the notice of Public Hearing and been published in The Clarion and sent to property owners in the area of the requested rezoning. City Manager Callinan read the recommended conditions prepared by the planning staff for the tentative map. Discussion followed. City Manager Callinan read letters from Cotati School District Superintendent Davidson dated June 19 and July 6 which Page 3. August 7, 1972 indicated no objections to the proposed sub- division. fie also advised that the Planning Commission recommended the rezoning. Mayor Roberts declared the public hearing open on the application of Martin Stone for zoning to "R--1,650011 One Family Residential District of AP No. 143-330-15, being apprxoimately 82 acres at the northwest corner of Snyder Lane and Rohnert Park Expressway. There being n one desiring to be heard, Mayor Roberts declared the public hearing closed. Ordinance No. 182 AN ORDINANCE AMENDIiljG ORDINANCE NO. 63 (Zoning Map--Martin Stone-.-Snyder Lane) City 'Manager Callinan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved by the following roll call vote, the reading of Ordinance No. 182 was waived and said ordinance was introduced. AYES. (5) Councilmen Beary, Flores, Hopkins, Smith, and Roberts NOES; (0) None File No. 0242 Mayor Roberts declared the public hearing open Proposed Amendment on the proposed amendment to the Zoning Ordil- to Zoning Ordinance nance to provide for one year terms for to Provide for One Planning Commissioners. Year Terms for Planning Commissioners City Manager C-a-11-44-lan read a '.'Letter dated August 4, 1972 from the Planning Commission Secretary indicating that the Planning Com- mission opposed the proposed amendment and a letter from Rinhard Dav rJ;;tPrJ Alicyii.qt 7 1 Q79 expressing opposition to the proposed amend- ment. There being no one desiring to be heard, Mayor Roberts declared the public hearing closed. Councilman Hopkins stated for the record he had made the original motion for the proposed amendment, but in view of Planning Commission opposition, he had no intention of pursuing the matter. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved,,, the proposed amendment to have one year terms for Planning Commissioners was not introduced Page 4. August 7, 1972 File No. 0243 City Manager Callinan reviewed his memo to Young America Homes and the Council dated August 4, 1972 concerning Qantas Development File 0243 and explained the site plan on Corp. Application display. for PD Zoning of AP Nos. 143-340-46, Mayor Roberts declared the public hearing 47, and 48 open on Young America Homes and Qantas Development Corporation's application for zoning to Planned Unit Development District combining "R-1,6000", Single Family Resident- ial and "RM-1500", Multiple Family Residential of AP Nos. 143-34046,47, and 48. Discussion followed concerning the tot lot and bike path shown on the site plan and the amount of open space in the plan with Bill Mueller of Young America Homes participating. City Hanager Callinan read a letter from Cotati School District Superintendet Davidson which expressed no objections to the plan: He also advised that the Planning Commission recommended the rezoning. Ordinance No. 183 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map-.-Young America Homes and Qantas Development Corporation) City Attorney "I'liaxwell explained the ordinance. Upon motion of Councilman Flores, seconded by Mayor Roberts, and unanimously approved by the following roll call vote, the reading of Ordinance No. 183 was waived and said ordi- nance was introduced: AYES: (5) Councilmen Beary, Flores, Hopkins, Smith, and Roberts NOES: ( 0 ) None A brief discussion followed with Jack O'Neil of Young America Homes participating after which staff was requested to henceforth indi- cate the percentage of open space in relation to buildings. t'ile No. 0197 City Manager Callinan reviewed his memo to Bank of America the Council dated August 4, 1972 concerning Appeal of Planning File 0197, read the staff report dated June Commission Action 21, 1972, and explained the site plan and elevations on display. Councilman Smith asked for a point of order on whether an appeal by residents or the applicant's appeal should be considered first. Discussion followed after which City Attorney Page 5. August 7, 1972 Maxwell opinioned that all appeals would be considered and it was up to the Mayor to decide the order in which they were presented. He also noted that the applicant should be on notice that the Council would consider all aspects of the appeal. City Manager Callinan read a letter from Planning Commission Chairman Goff dated August 4, 1972 which set forth reasons for the Planning Commission's action on the matter, Mr. Callinan read a letter from Ivor T. and Georgette P. Parry dated July 23, 1972 which requested appeal of the Planning Commission's granting of a use permit to the Bank of America for a temporary buildin g and a letter from Robert J. Ryan dated August 4, 19*72 expressing support for Mr. and Mrs. Parry's appeal. Leonard Garrison of Garrison Pacific Proper- ties, developers of Park Plaza Shopping Center was recognized. fie explained the proposed building is an interim building to be used by Bank of America; that the bank would like to build a regional size building but the area does not now justify an 8,000 - 10,000 square foot building. He commented that the design pleased him and his architect and that the bank officials had entered into a 25 year lease so it seemed obvious that the intention is to build a permanent facility when the area justifies it. He further explained that the proposed building would be composed of modules and explained the con- struction methods and requirements for same which indicated they were not truly "mobile" or "temporary". Mr.Garrison discussed signs with the Council advising it was desired to have one for the bank, one for the service station, and one identifying the shopping center and urged approval of a sign for the bank which was felt would bring shoppers in from the free- way. Mrs. Ivor Parry was recognized and asked questions of Mr. Garrison regarding details of construction, intent of the bank for future construction and other general infor- mation concerning the matter. Mr. Bill Greer, 7610 Bonita, was recognized. He commented that the City Council had taken ,ecess Reconvene Page 6. August 7, 1972 the position that mobile units and modules should not be used for the city office build- ing because they would not be allowed for businesses. City Manager Callinan explained that there seemed to be a misunderstanding that modules and mobile units are similar, but that modules are allowed under the Uniform Building Code and are subject to the Code requirements. Upon questioning, Mrs. Parry indicated that her questions regarding a temporary building for the bank had been answered to her satis- faction. Mayor Roberts commended Mrs. Parry for her interest and opening avenues of discussion that clarified matters for all. Architect Milton Chambers, 35 Mitchell Blvd., San Rafael, was recognized. He explained the bank's appeal was due to the fact that the permanent structure ultimately planned for would take 12-18 months to plan and the 3-1/2 year period approved by the Planning Commission would not allow the bank time to establish its business and go forward with plans for a permanent structure on a timely basis. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, the Council affirmed the Planning Commission ,approval for the Bank of America's proposed interim facility building but altered the time limit condition from 3-1/2 years to 7 years. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and approved by the following voice vote, the appeal to allow the freestanding sign for the Bank of America was denied without prejudice: AYES: (3) Councilmen Beary, Flores, and Hopkins NOES: (2) Councilmen Smith and Roberts Mayor Roberts declared a recess at this point in the meeting, the time being approxi- mately 9:25 p.m. Mayor Roberts reconvened the meeting at approximately 9:40 p.m. Page 7. August 7, 1972 File No. 0223 City Manager Callinan reviewed his memo to Sonoma State the Council dated August 4, 1972 concerning College Environs the Sonoma State College Environs Plan. Plan Mayor Roberts declared the public hearing continued from the July 17th meeting open. City Manager Callinan read a copy of letter from Planning Consultant F. G. Lehmann to Larry Andrews, Executive Officer, Local Agency Format.-Lon Commission, dated July 20, 1972 and which concerned spheres of influence. Upon questioning, Mr. Lehmann responded there had been no answer to his letter as yet. Councilman Smith indicated that cities had beer asked for input concerning spheres of influ- ence but to date very little had been received and therefore the LAFC had not defined its methodology with regard to spheres of influ- ence. Discussion followed with Mr. Lehmann participating. City Manager Callinan read a copy of letter from Sonoma State College President McGrath to Mr. and Mrs. James 0. Jones dated July 24, 1972 and which concerned Mr. Jones presenta- tion at the July 17th Council meeting. City Manager Callinan read a letter from A. F. Hollingsworth, Chairman, Citizens Advisory Committee for Updating General Plan dated August 7, 1972 which reflected the Committee's recommendations to the Council regarding the Environs Plan. Mr. Hollingsworth commented briefly on the Committee's action. Mr. Ken Stocking, 3657 Green Hill Drive, Santa Rosa, and college professor, was recog- nized. He commented that if this meeting for final action on the Environs Plan had been held in September there would be a large college representation present. He further commented that he realized the college's recommendation might be a little idealistic but urged the Council to recognize the college position as expressed by President McGrath. Mr. Stan Anderson, property owner in the area, was recognized. He stated his group had submitted a plan several years ago in which the smallest lot would be 20,000 square feet and would include a school site, church site, swim and recreation club, bike and equestian trails, and that this plan had been presented to the Council about five years ago. He also stated he had met with the committee for the Page B. August 7, 1972 Environs Plan. He commented that the college comprised 220 acres of land but wanted to control 6,000 acres of land. He further commented that the college should put open space within the college campus and the City of Rohnert Park should put open space in the city. City Manager Callinan summarized F. G. Lehmann's memo to the Council dated August 1, a copy of which is on file. There being no one else desiring to be heard, Mayor Roberts declared the public hearing closed. Discussion followed. Councilman Flores read a paragraph from a letter dated October 26, 1971 from the college which expressed the view that development north of the college was needed and stated he read same to show that people's attitudes do change and not to be disparaging in any way. Mr. Phil NOrthern of Sonoma State College responded to a question from the Council concerning soil types in the area. Further discussion followed during which dis- satisfaction was expressed with the state law that mandated the Sonoma State College Environs Study be made. Mayor Roberts questioned City Attorney Maxwell concerning statements during the meeting that Councilmen Smith, Hopkins, and Beary had all expressed opposition to the Environs Plan during their re-election campaigns and the legality of -their voting on the matter. Mr. Maxwell opinioned that the Council was obligated to listen to all evidence before making a final decision and therefore now had access to information not available to them prior to election and would not be disquali- fied to vote on the matter. Further discus- sion followed during which it was suggested that lands outside the city limits be placed in a PRIME study zone. City Manager Callinan read the Planning Commission's recommendation on the Environs Plan. Mr. George Kovatch of the Sonoma County Planning Department advised that a grant had Page 9. August 7, 1972 been obtained for a PRIME application but it did not appear that any more funds would be available. Councilman Flores made a motion, seconded by Councilman Beary, to accept the Second Alter- nate Plan prepared by the County Planning Department and specifically designate Zone 7 as Agricultural and free from any type of development and leave all land in the present city limits with its present land use. Dis- cussion followed. Councilman Beary withdrew his second to Councilman Flores' motion. Further discus- sion followed. Councilman Flores' motion died for lack of a second. City Manager Callinan suggested that the Council have a work session to go over the various plans point by point to eliminate confusion. Further discussion followed. Councilman Smith made a motion to concur with the recommendations contained in Planning, Commission Resolution PC-6 subject to the following conditions: 1. All land subject to the Environs Plan, except that within the present city limits of Rohnert Park, be placed in a PRIME study zone and the County be requested to program this area for future PRIME study. Discussion followed with George Kovatch par- ticipatiiag and expressing agreement with Mr. Callinan's suggestion for a Council work session. Councilman Smith's motion died for lack of a second. Council scheduled a work session on the Sonoma State College Environs Plan for 7:00 p.m. August 14 in the new Council Chambers. File 0175 City Manager Callinan reported that Mr. Pat McDouall Apts. Taylor who was scheduled for an appearance had requested a delay until the next meeting. Project No. 1972-8 City Manager Callinan reported that he was Snyder Lane from optimistic that the County would contribute Southwest Blvd. to 50% of the cost for Project No. 1972-8 but E. Cotati Avenue this would not be known for certain until after the County Budget is approved later Page 10. August 7, 1972 in the month and that award of the contract should be deferred at this time. Engineer Hudis reviewed the bids received for Project No. 1972-8. Discussion followed during which the Council questioned Argonaut Constructors being the low bidder on so many Rohnert Park jobs. Engineer Hudis explained that Argonaut Consructors and Siri, Inc. are more familiar with conditions in Rohnert Park and could be expected to bid lower. He fur- ther explained taht Siri, Inc. had not been bidding Rohnert Park projects recently because the firm was so busy on negotiated projects. Resolution No. 72-107 RESOLUTION APPROVING SETTLEMENT AGREEMENT AND AUTHORIZING FINAL RELEASE AS TO CERTAIN DEFENDANTS- WESTERN LIQUID ASPHALT CASES City Attorney Maxwell explained the resolution- Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 72-107 was waived and said resolution was adopted. Resolution No. 72108 RESOLUTION AUTHORIZING AND APPROVING AGREE.- MENT BETWEEN THE CITY OF ROHNERT PARK AND C & G DEVELOP11•'1ENT COMPANY CONCERNING IMPROVEMENTS TO SINYDE"t" LANE City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the reading of Resolution No. 72-108 was waived and said resolution was adopted. Dro ject No. 1971-2 City Manager Callinan read a letter from the oliyder. Lane Sonoma County Water Agency requesting a delay in accepting Project No. 19712. Engineer Hudis explained that Argonaut Con- structors had used some of the rip rap from Copeland Creek while working on the Snyder Lane project and the Sonoma County Water Agency wanted same replaced. Discussion followed. Council deferred acceptance of Project No. 1971-2 until Engineer Hudis, Argonaut Constructors, and the Sonoma County Water Agency could work out a solution to the problem. Page 11. August 7, 1972 Resolution No. 72•109 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGIN'I]Et� TO FILE NOTICE OF ACCEP- TANCE OF COAPLETION (Tank No, 2 - Project No. 1972-2) City Manager Callinan explained the resolution Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. '72-109 was waived and said resolution was adopted. New City Office City Manager Callinan advised that the new Building on City Office Building on Commerce Boulevard Commerce Boulevard was essentially complete. A brief discussion followed. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, the new City Office Building was accepted and the architect authorized to file a notice of completion. Resolution No. 72-110 RESOLUTION APPROVIi\,G AND ADOPTING A BUDGET FOR THE CITY OF ROHNERT PARK FOR THE FISCAL YEAR 1972-73 City Manager Callinan explained the resolution Upon motion of Councilman Beary, seconded by Councilman Flores, and unanimously approved, the reading of Resolution No. 72-110 was waived and said resolution was adopted. Resolution No. 72-111 RESOLUTION ACCEPTING GRANT DEED (Storm Drain Easement, Lots 112 and 113, Country Manor Subdivision, Unit No. 2) City Manager Callinan explained the resolutior, Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the reading of Re-zlution No. 72­111 was waived and said resolution was adopted. City-School District Councilman Hopkins reported on the recent Coordinating Committee City.-Sc,',iool District Coordinating Committee meeting at which three suggestions for tempo- rary classroom facilities were made as follows: 1. That the city use a portion of the rec- reation fee to purchase mobile or portable units for lease to the school district on a temporary basis. Page 12. August 7, 1972 2. That the city construct a recreation building in the neighborhood where the recreation fee is being generated which could be partitioned into classrooms and leased to the school district. 3. That developers modify houses bordering park sites to accommodate classes and either rent or lease them to the school district. Councilman Hopkins advised that the Mayor of Cotati believed the Cotati City Council would reactfavorably to participating with Rohnert Park in an agreeable program for temporary classroom space. Discussion followed. Maurice Fredericks, Cotati School Board Trus- tee, discussed the various alternatives with the Council and stated that attendance pro- gression figures had gone down over the last five years and therefore the district did not qualify for state funds under the present allocation formulas. A lengthy discussion followed. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the Council will recommend to the Cotati School District that those houses which border the school site in Holiday Park be negotiated for to be used as interim class- rooms and that the city will use its powers of persuasion with the developer. Mr. Fredericks commented that Councilman Hopkins had been present at the July meeting of the County Committee on School District Organization concerning changing the northern boundary of the Cotati School District, that he was a big help, and requested that either he or another Councilman be present at the next meeting. Dog Licenses Councilman Hopkins initiated a brief discus- sion concerning the possibility of licensing dogs for two year periods, instead of each year, and requested staff to check with Chief Dennett on the feasibility of same. Fair Passes Councilman Hopkins initiated a discussion regarding support of the concept of no free passes to the Sonoma County Fair. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved Page 13. August 7, 1972 the Council indicated its support for the concept of no free passes to the Sonoma County Fair and as an alternative that all county residents have free admission for one day. Bus Service Councilman Smith noted that Golden Gate Transit Director Bill Lucius had stated bus service would improve in Rohnert Park when more buses were added; that 20 new buses were on the road, but there was no improved serve V i e,,,z . City Manager Callinan advised that he would contact Mr. U UCiUS on the matter. Police Activity Councilman Flores brought to the attention of the Coun dl the Monthly Report of Activities from Chief Dennett and the increased amount of moving violations which reflected the Council directive on same. San Diego Mayor Roberts noted he had been in San Diego recently, and that city had greatly improved its downtown area by cutting down on signs,, among other things, but still has one Droblem the residents are still complaining about the school system. Cotati Request for City •anager Callinan reviewed his memo to Police Service Proposal the Council dated August 4 concerning -the Cotati request for a police service proposal. A brief discussion followed. Mayor Roberts and Councilman Flores were appointed to meet with Mayor Lombardi and one of the Cotati Councilmen to discuss the matter. Waste Water Treat- City Manager Callinan advised the Council ment Plant Requirements that a let-ter dated July 18, 1972 had been received from the North Coast Water Quality Control Board setting forth some possible additional requirements for the Waste Water Treatment Plant; that he had discussed same T-71-th T4,--*', We ll- o of 'Yo -JT' - 44"A %-L'A VV V. IJ Irn L I U er.- L L L er- r J_ 1.) Cti Associates and lie will be requesting except.- ion from the requirements due to the demon- stration project at the plant. Senior Citizen's City Manager Callinan reported that the Development County Housing Committee had considered a Senior Citizen's Development for either Rolinert Park or Sonoma but after study, had decided, due to the higher percentage of senior citizens in Sonoma, to locate the development in the City of Sonoma. League of California City Manager Callinan advised that the League Cities of California Cities had requested names of Page 14. August 7, 1972 voting delegates to the Annual Conference. A brief discussion followed after which Mayor Roberts and Vice Mayor Flores were designated as voting delegates. Recreation Fees Councilman Flores initiated a discussion con- cerning the developers who saved the increas- ed Recreation Fees as reflected on the Building Inspection Department Report. City Attorney Maxwell explained his ruling that developers who had plans ready were entitled to a building permit and payment of the fees at the former rate up to July S. 1972. School Facilities City Attorney Maxwell advised the Council -that schools and education are the responsi- bility of the State and local school districts act as an agency of the State and this should be kept in mind during any discussions with developers for school space. Adjournment There being no further business, Mayor Roberts adjourned the meeting t- August 149 1972 at 7:00 p.m. at the new City Council Chambers. epi y lerk e APPROVED: Mayor