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1976/12/13 City Council MinutesCal tn Order Roll Call ROHNERT'rARK CITY COUNCIL MINUTES December 13, 1976 ,The Council of the City of Rohnert Park met this date in regular session commencing at 7;20 p.m. in the City Offiees, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. The regular session was preceded by a special executive session which commenced.at 6:30 p.m. and at which all Councilmen, City Manager Callinan and Attorneys Ililliam Brinton and Ricardo Hecht were present and which was held to discuss litigation and personnel matters. Mayor Flores called the meeting of the regular session to order at approximately 7:30 p.m. and led the pledge of, allegiance. Present: (5) Councilmen Beary, Eck, Hopkins. Roberts and Flores Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planning Director Skanchy and Director of Parks and Recreation Pekkain. City of Rohnert Park Mayor Flores announced that, by a majority vote of the vs James T. Lynn, City Council members, the City of Rohnert Park will appeal. et al the U. S. District Judge's Order Granting Summary Judgement in the City's lawsuit challenging the Santa Rosa urban renewal regional shopping center Approval of Minutes Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the minutes of November 8 and 15 were approved as submitted. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the bills presented per the attached list in the amount of $252,670.67 were approved. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any communications except as noted specifically in these minutes. Resolution No. 76-188 A RESOLUTION DESIGNATING BUILDING AT 5430 COMMERCE BOULEVARD AS CITY HISTORICAL SITE Councilman Beary initiated discussion regarding designating the A.B. Dick building as a historical site and correspond- ence from the Cultural Arts Corporation concerning same. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 76-188 was waived and said resolution was adopted. Dip. Howard Boggs, property owner, was recognized and explain- ed that renovation of 5430 Commerce Boulevard would be completed in February, at which time it would be appropri- ate to install monuments denoting the historical signift cance of the building. Page 2 December 13, 1976 Residential Development Mayor Flores noted that a report of the Residential Develop- Committee - Report ment Committee would be given later in the meeting. Rohnert Park Tennis Mayor Flores commented on Rohnert Park Tennis Club's contri- Club Contribution bution of $150 towards the purchase of a tennis court net for use by the City. Upon motion of Mayor Flores, seconded by Councilman Eck, and unanimously approved, the City Council directed -that a letter be sent, over the Mayor's signature, to the Rohnert Park Tennis Club expressing appreciation for the contribution of $150 towards the purchase of a tennis court net. 'Adding Non-Agendaed City Manager Callinan requested that time be allotted under ,Items Planning and Zoning matters in order to discuss possible annexation to the City. The Council authorized the addition of said request to its agenda. Youth Advisory Miss Beth Flores, 938 Elsa Court, was recognized and reported Commission Re. Rohhert that the Youth Advisory Commission recommended that the Park Farms $100 contribution received from Mr. Grossi of Rohnert Park Contribution Farms be used to assist in placing benches in front of Safeway and T. G. and Y. stores in the Park Plaza Shopping Center where they would be useful to many senior citizens who shop in the center. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, the City Council authorized the use of the Grossi contribution for the installation of benches in front of the T.G. and Y. and Safeway stores in the Park Plaza Shopping Center, subject to the consent and cooperation of the shopping center owner and tenants. American Legion Post Mayor Flores presented a certificate of appreciation to No. 330 the American Legion Post No. 338 in recognition of its outstanding community services provided -the people of Rohnert Park. Mr. Ed Little and Cliff Concello, representing the American Legion Post No. 338, accepted the certificate on behalf of Post No. 338. Rancho Cotate Music Mr. John Giertz and Mrs. Shirley Russell, representing Committee Financial the Rancho Cotate Music Committee, were recognized and Assistance requested the Council's consideration in making a financial contribution to the Rancho Cotate Music Committee in order to make it possible for all the members of the high school marching band to attend the Presidential Inaugural Parade in 61ashington, D.C. as the hand representing the State of California. Discussion was held concerning whether or not it would be more appropriate for the Chamber of Commerce, rather than the City, to make a contribution based on the fact that the City has an agreement with the Chamber to provide public relations and community advertising programs in consideration for receiving 60 percent of the City's busi- ness license fees. Page 3 December. 131 1976 Mayor Flores made a motion, seconded by Councilman Hopkins, to authorize the expemii-tux-o of $1,5oo from the City's coffers to the Rancho Cotate Music Committee for the band's trip to Washington D.C. and further that $1,500 be advanced to the Chamber of Commerce from the business license fees for 1977, specifically for making a contribution towards the band's expenses. Said motion failed by the following roll call vote: AYES: (2) Councilmen Hopkins and Flores NOES: (3) Councilmen Beary, Eck, and Roberts A motion was made by Councilman Beary, seconded by Council- man Roberts,,to authorize the expenditure of $3,000 to the Rancho Cotate Music Committee for use to aide the Rancho Cotati High School Marching Band to attend the Presidential Inaugural Parade in Washington, D.C., with the condition that if there were any funds remaining after the band's trip then a refund of any of these public monies would be made to the City. Discussion followed. Upon motion of Councilman Hopkins, seconded by Mayor Flores and approved.by the following voice vote, the question was called:. AYES: (4) Councilmen Beary, Hopkins, Roberts and Flores NOES: (1) Councilman Eck Councilman Bearyts motion to authorize the expenditure of $3,000 to the Rancho Cotate Music Committee, was approved by the following roll call vote: AYES: (4) Councilmen Beary, Hopkins, Roberts and Flores NOES: (1) Councilman Eck Discussion followed concerning the Chamber of Commerce's role in public relations and advertising concerns for the City. Upon motion of Councilman Eck, seconded by Nayor Flores, and approved by the following voice vote, the City Council directed that a letter should be sent to the Chamber of Commerce reminding them that during the 1976-77 budget work sessions that the City Council had stipulated that the Chamber was to assume responsibility for fulfilling the public relations and advertising concerns for community functions, also, noting that business license fees would increase by $4,000 for 197.7 that the City would have been willing to issue an advance against those funds in order to make a significant financial contribution to the band. AYES: (4) Councilmen Beary, Eck, Hopkins and Flores NOES: ( 0 ) None ABSTAIN; (l) Councilman Roberts Page ii December 13, 1976 Cultural Arts Corp.- City Manager Callinan reminded that a I.etter-had been rec -opopiupd from the Rnarcl of Dlrec-Lors of the Cultural Arts Ap pointments Corporation concerning appointments to the Cultural Arts Commission. Marion McMullan, President of the Board of Directors, was recognized and explained that the Board of Directors of the Cultural Arts Corporation would like to recommend that the Council appoint to the Cultural Arts Commission only those who have served on the Board of Directors of Corporation for at least six months. Discussion followed between members of the City Council, City Manager Callinan and President McMullan relative to appointments, poor attend- ance, and unusually high number of resignations occurring recently. President McMullan expressed appreciation for the Council's consideration. CONSENT C A L E N D A R — — — — — -- — — — — — — — — Resolution No. 76-183 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE. CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 151 SANITARY SEWERAGE PROJECT NO. 1964-1, CITY OF ROHNERT PARK, ASSESSMENT NO. 1.2.2. Resolution No. 76-134 A RESOLUTION APPROVING AGREEMENT WITH STATE OF CALIFORNIA (Benecia Park Swiniming Pool.) Resolution No. 76-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF ROHNERT PARK APPROVING CHANGE IN FARE FOR TRANSIT SERVICE IN THE ROHNERT PARK/COTATI AREA Resolution No. 76-18G A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION (Well No. 12, Project No. 1976-2) Resolution No. 76-187 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION (Well 00. 13, Project No. 1976-11) City Manager Callinan, referring to his December 9, 1976 memo, explained the above resolutions. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, reading of Resolutions Nos. 76-183 through 76-187, as listed on the Consent Calen- dar section of the meeting's agenda, was waived and said resolutions were adopted. Resolution Noo 76-139 A RESOLUTION OF AWARD OF CONTRACT (TRAFFIC SIGNALS ROHNERT PARK EXPRESSWAY AND COUNTRY CLUB DRIVE, PROJECT NO. 1976-10 City Manager, Callinan reviewed bids received for said project. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 76• 189 was waived and said resolution was adopted. Amendment to Municipal Code re. Health Inspec- tions Page 5 December 13, 1976 City Manager Callinan reviewed his memo to the City.Council, dated December 9th, concerning amending the Municipal Code to establish fees for health inspections by the Sonoma County Public Health Officer. City Attorney Flitner inform- ed that the Board of Supervisors had not adopted an updated fee schedule, therefore, the matter should be continued to the next Council meeting. Rancho Sonoma Park- City Manager Callinan reviewed his memo to the City Council, Master Plan for dated December 9th, concerning Rancho Sonoma Park located Development at the northwest corner of Snyder Lane and Rohnert Park Expressway and described the landscape master plan for development,which was displayed. Director of Parks and Recreation Pekkain explained the intent and design of the park's devepment plan. Discussion followed concerning estimated cost and time table for devel... opment, funds on hand, landscaping and other recreational facilities included within the development plan. Upon motion of Councilman Eck, seconded by Councilman Roberts, and unanimously approved, the Landscape Master Plan for development of the "S" Section park, prepared by Herr /Smith /' Associates, was approved as-displayed. File No. 0500`- City Manager Callinan reviewed his memo to the City Council, Qantas Development dated December 9th, and explained that Qantas Development Corp., Application Corporation had requested that their- application for rezoning for Rezoning and and precise development plan review, in the area west of Precise Development Snyder Lane, south of Copeland Creek, and north of Southwest Plan Review Boulevard, be referred back to the Planning Commission for further study and recommendation inasmuch as the appli- cant is desirous of submitting a development plan for the entire area. Mayor Flores declared the public hearings, continued from November 22, 1976, open on Qantas Development Corporation's application for the following: 1. Rezoning of 12.53+ acres west of Snyder Lane, south of Copeland Creek,. north of Southwest Boulevard from "All (Agricultural) to "PA -PD" (Professional Administrative, Planned Unit Development) District, and 2. Precise development plan review for a medical and professional complex to be located on 2.24+ acre portion of the above mentioned 12.53+ acre parcel. There being no one desiring to be heard, and the letter received from Qantas Development Corporation being the only written communication received, Mayor Flores declared the public hearing closed. - Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved, Qantas Development Corpora- tion's application for rezoning and precise development plan review (File No. 0500) in the area west of Snyder Lane, south of Copeland Creek, and north of Southwest Boule- vard, was referred back to the Planning Commission. Planning Director Skanchy read letters from the Cotuati-Rohnert Park School District, dated December 9th, and Petaluma High School District, dated December 2nd, re. school facili• tibs. Mr. Skanchy also noted that correspondence had been received from the City of Cotati, copies previously disseminated to Council members. There being no one desiring to be heard, and no other written communications Y1pnni,ed9 Mm I rnyi P I rvnra_-_ tip e, I A -rp(j the pub I i hearing closed. Discussion followed concerning the impact of the proposed development on school facilities, residential school fees imposed on multi-family structures, control of architecture in approving the project, number of units within the first and subsequent phases of development, open space, and recrea- tional facilities. Mr. John Dunn, architect for the proposed project, was recognized and upon the Council's questioning informed that the swimming pools would be approximately 20 x 50 feetin size. Planning Director Skanchy advised that detailed landscaping plans would be submitted to the Planning Commission for review at a later date. Mr. Henry Hicks, developer, was recognized and generally commented on the proposed development as it relates to good planning with respect to architectural design and landscaping, etc. and opioned that it would be difficult to obtain financing for a 300 unit multi-family project if after the first 60 units the project could be halted ic. because the City felt that the architectural design wasn't complimentary to the community. Upon questioning of the Council, Mr. Dunn explained that a 20 x 40 foot recreation/cabana structure would be located immediately adjacent to each swimming pool in the develop- ment. Page December 13, 1976 File No. 0491 -, City Man'AgQn.- O;iJainan reviewed his memo to the City Council, Henry Hicks, et al, dated December 9th, re. ilcmxy 1-1,i,oks, et al, application Application for for development plan review of a 300 unit apartment complex Development Plan. located north of Copeland Creek, adjacent to and south IV- V _L _ VV 11 c laila(I raKs. ft - 1- R-lro tcl Planning Director Skanchy explained the proposed project's boundaries, first phase of development; landscaping setbacks, open space, recreational facilities, and traffic circulation, as depicted in the development plan which was displayed. Mr. Skanchy also described elevations and renderings which were displayed and advised that notice of public hearing had been published in the local newspaper. Mayor Flores declared the public hearing open on Henry Hicks', et al, application for precise development plan review of a 300 unit apartment complex located north of - Iroad Copeland Creek, adjacent to the Northwestern Pacific Rai tracks. Planning Director Skanchy read letters from the Cotuati-Rohnert Park School District, dated December 9th, and Petaluma High School District, dated December 2nd, re. school facili• tibs. Mr. Skanchy also noted that correspondence had been received from the City of Cotati, copies previously disseminated to Council members. There being no one desiring to be heard, and no other written communications Y1pnni,ed9 Mm I rnyi P I rvnra_-_ tip e, I A -rp(j the pub I i hearing closed. Discussion followed concerning the impact of the proposed development on school facilities, residential school fees imposed on multi-family structures, control of architecture in approving the project, number of units within the first and subsequent phases of development, open space, and recrea- tional facilities. Mr. John Dunn, architect for the proposed project, was recognized and upon the Council's questioning informed that the swimming pools would be approximately 20 x 50 feetin size. Planning Director Skanchy advised that detailed landscaping plans would be submitted to the Planning Commission for review at a later date. Mr. Henry Hicks, developer, was recognized and generally commented on the proposed development as it relates to good planning with respect to architectural design and landscaping, etc. and opioned that it would be difficult to obtain financing for a 300 unit multi-family project if after the first 60 units the project could be halted ic. because the City felt that the architectural design wasn't complimentary to the community. Upon questioning of the Council, Mr. Dunn explained that a 20 x 40 foot recreation/cabana structure would be located immediately adjacent to each swimming pool in the develop- ment. Page 7 December 13, 1976 Councilman Eck made a motion.that the development plan for the project-be denied. Said motion died for lack of a second. Discussion followed. Councilman Beary made a motion, seconded by Mayor Flores, to approve Henry Hick's, et, al, development plan for a 300 unit apartment complex located north of Copeland Creek, adjacent to Northwestern Pacific Railroad tracks (A.P. No. -143- 060 -50), stipulating that specifically the first phase of development was approved, and the remainder of the project was approved in concept only, subject to condi, tions contained in the planning staff report as amended. Discussion followed between Mr. Hicks and Council members concerning the project's conditions of approval. Councilman Eck made a motion to amend the original motion limiting ,,construction to no more than 60 units per year. Said motion died for lack of a second. The original motion to grant development plan approval to Henry Hick's, et al, 300 unit apartment complex was approved by the following roll call vote: AYES: (3) Councilmen Beary, Hopkins, and Flores NOES: (2) Councilmen Eck and Roberts File No. 0507 - City Manager Callinan ginformed of David Firestone's appli- David Firestone, cation for precise development, plan and architectural review Application for for a 4 -plex development located south of Rohnert Park Development Plan Expressway, north of Copeland Creek.and east of Country and Architectural Club Drive, Review Planning Director Skanchy explained the proposed project as depicted in a development plan and architectural renchrings which were displayed, described the surrounding area's development, traffic circulation, parking, pedestrian and bike path, landscaping, open space, and informed that notice of public hearing had been published in the local newspaper. Mayor Flores declared the public hearing open on David Firestone's application for precise development plan and architectural review of a 196 unit 4 -plex development located south of Rohnert Park Expressway, north of Copeland Creek, and east of Country Club Drive. Planning Director Skanchy read letter s from the Cotati- Rohnert Park School District, dated December 9th, and from the Petaluma High School District, dated December 2nd, re. school facilities. Mr. Skanchy also noted that corre —, Tondence had been received from the City of Cotati, copies previously disseminated to Council. members. There being no one desiring to be heard, and no other written communications received_, Mayor Flores declared the public hearing closed. Denpmber 11„ 19' 6 Mayor Flores gUC:c5Livnca Ir ti-xn appl,3_carnt was aware of the residential /schools facility fee and Mr. David Hanchett, architect of the proposed project, responded in the affix-ma Live. Discussion followed concerning maintenance of the streets within the project and open space areas, landscaping along Rohnert Park Expressway as well as fencing. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and approved by the following roll call vote, David Firestone's application for precise development plan and architectural review for a 196 unit 4 -plea complex located south of Rohnert Park Expressway, north of Copeland Creek, and east of Country Club Drive (A.P. No. 143 - 330 -10 and 143- 330 -20), was approved subject to those conditions contained in the planning staff report, and, in_adaition, stipulating that the proposed duplex located at the perimeter o 4 the open space area adjacent to the eastern property line be removed from the plan.` AYES: (4) Councilmen Beary, Hopkins, Roberts and Flores NOES. (1) Councilman Eck File No. 0488 - Planning Director Skanchy informed of Belli Deli's appli- Belli Deli, Appli - cation for precise development plan and architectural review cation for Precise of a delicatessen, grocery store, restaurant, and commercial Development Plan and building located at the northeast corner of Commerce Boule- Architectural Review vard and Enterprise Drive, described the site plan and renderings which were displayed, traffic circulation, con- struction material, landscaping setbacks, and informed that the Planning Commission recommended approval of the project subject to future architectural review of the commercial building shown on the site plan. Mayor Flores declared the public hearing open on Belli Deli's application for precise development plan and archi- tectural review of a delicatessen, and related facilities, located at the northeast corner of Commerce Boulevard and Enterprise Drive. Mr. Grant Wartena, 1934 Indian Valley Road, Novato, repre- senting Belli Deli, Inc., was recognized and informed that he was agreeable to planning staff's conditions of approval and requested that he be allowed a separate sign for both the delicatessen and commercial building. Planning Director Skanchy informed that the Zoning Code would allow two signs but would require them to be low profile and in close prox- imity to the structure. Upon questioning of Councilman Hopkins, Mr. Wartena explained that the landscaping for the proposed project would be of high quality. There being no one further desiring to be heard, and no written communications received, Mayor Flores declared the public hearing closed. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved by a roll call vote, Belli Deli's application for precise development plan review for Page 9 December. 13, 1976 a delicatessen and related commercial uses located at the northeast corner of Commerce Boulevard and Enterprise Drive (A. P. No. 143- 05G -67) was approved, subject to conditions contained in the planning staff report. Recess Mayor Flores declared a recess at this point in the meeting,, the time being approximately 9:15 P.M. Reconvene Mayor Flores reconvened the meeting at approximately 9:25 p.m. with all Councilman, except. Councilman Beary, present. Parcel Map No. 29 - Planning Director Skanchy reminded that the Council's con - Crafco Properties sideration of Parcel Map No. 29, Crafco Properties, which would subdivide the area east of Avenida Calla, north of Southwest Boulevard, and west of Snyder Lane, had been continued from the November 22nd meeting in order that the Council could review the development plan for the area, namely File No. 0411, Ray Huffman. Councilman Beary Councilman Beary returned at this point in the meeting, Returns the time being approximately 9:28 p.m. Planning; Director Skanchy continued to explain that the applicant was seeking a lot split for multi - family develop - ment, but that plans would also be required for architectural review. Discussion followed concerning provision for open space, parking, landscaping and fencing contained in the development plan of Ray Huffman, which was displayed. Upon motion of Councilman Eck, seconded by Councilman Roberts. and unanimously approved by a roll call vote, Parcel Map No. 29, Crafco Properties, was denied. File No.'0510 - Mayor Flores informed that the Green Mill Restaurant's Use Permit for Green appeal of Planning Commission denial for extension of a Mill Directional Sign use permit for a directional sign situated on the west side of U.S. 101 would be considered at this point on the agenda. Planning Director Skanchy reviewed his planning staff report, dated November 22, 1976, informed that staff recommended denial of the extension and that the Planning Commission did same. City Manager Callinan informed that copies of the Planning; Commission's reasons for denying the use permit extension had been disseminated to Council members. Mr. and Mrs. Vincent Biancalana, owner of the Green Mill Restaurant, were recognized and generally described the importance of having a directional sign, explained that said sign was going, to be renovated in the near future. Mrs. Biancalana also informed that the property owner where the sign was located was agreeable to its continuance. Discussion followed. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and approved by the following roll call vote, a five (5) year extension was granted on the use permit for the Green Pill directional sign located on the west side of U.S. 101, subject to its renovation within 60 days. Page 10 December 13, 1976 AYES: (4) Councilmen Beary, Hopkins, Roberts and Flores MOV0 (1% no­-; 1_ V_V File No. 0494 - City Manager Callinan informed of C & L Enterprises appeal C & L Enterprises, of the Planning Commission's denial of architectural review Architectural Review for its proposed 56 unit apartment complex to be located for Apartment south of East Cotati Avenue and informed that copies of Complex the Planning Commission's reasons for its denial had been disseminated to Council members. Planning Director Skanchy described the location of the proposed project, zoning, density, landscaping, site plan, elevations and renderings which were displayed, traffic circulation, parking, architecture, construction material and configuration of the proposed development. Mr. Jerome H. Bishop, representing Bishop & Goes Associates, AIA, was recognized and, upon questioning of Mayor Flores, commented on his suggestion contained in his letter dated November 16th relative to establishing a professional archi- tectural review board. Discussion followed. Councilman Beary Councilman Beary left the Council meeting at this point Leaves in the meeting, the time being approximately 9:55 p.m. ptj i.)Pturpon the my,- ni,shop and Discussion was again resum ween ---- ---- I Council members concerning parking facilities in relation- ship to the apartment structure, setback from East Cotati Avenue, and overall architecture of the proposed project. Upon motion of Councilman Hopkins, seconded by Mayor Flores, and approved by the following vote, the City Council upheld the Planning Commission's denial of C & L Enterprises' application for architectural review of a 56 unit apartment complex located on East Cotati Avenue. AYES: (4) Councilmen Eck, Hopkins, Roberts and Flores AESENT: (1) Councilman Beary File No. 0495 - City Manager Callinan reviewed his memo to the City Council, Rosenberg (Sequoia dated December 9, 1976, concerning Sequoia Construction Construction), General Company's application for a General Plan amendment and Plan Amendment and Re- rezoning of 2 1/2+ acres located north of Avram Avenue zoning Application for a medical service facility, subsequent denial by the Reconsideration City Council, and request for reconsideration of the appli- cation by David Rosenberg with the assurance that the.prop- erty, owners' intend to construct a general office building complex, not a medical or dental services facility. Discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Roberts,,, and unanimously approved, the Council approved the re•considerastion of Sequoia Construction Company's application for a General Plan amendment and rezoning for the area north of Avram Avenue, south of Copeland Creek and immediately adjacent to the City Offices Page 11 December 13, 1976 City Manager Callinan generally commented on the request for re- consideration. Planning Director Skanchy reviewed the application to amend the General Plan from r'RM -1500" to PA -PD" and action of the Planning Commission in approving the proposed use. City Attorney Flitner, upon staff's request, opioned that a public hearing would have to be re- scheduled before the Planning Commission cn the matter, ,,Ath it later being referred to the City Council.. Discussion followed concern - ing the number of amendments to the General Plan made this year. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved the Council referred the application of Sequoia Construction Company for a general plan amendment and rezoning back to the Planning Commission for reconsideration, based upon the property owner's assur- ance that a general office type use would be constructed on subject property. Mr. David Rosenberg, property owner, was present in the audience and recognized and acknowledged understanding and agreement with the Council "s action. Cile No. 0137 - City Manager Callinan reviewed his memo to the City Council, Ryan Outdoor Advertising dated December 9th, concerning Ryan Outdoor Advertising Company, Use Permit Company's appeal of the Planning Commission's denial of for Billboard Sign extension of a use permit for a billboard structure located on Pisani Monument property and generally reviewed the history of the sign. Upon motion of Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, the City Council upheld the Plan - ning Commission's denial of Ryan Outdoor Advertising; Cos! request for consideration of a use permit for a billboard structure located west of-U.S. 101 freeway on Pisani Monu- ment property. File No. 0240 - City Manager Callinan Callinan reviewed his memo to the Rancho Sonoma City Council concerning a final map for Rancho Sonoma Sub - Subdivision, Unit No. 2, division Unit No. 2, which was displayed, and exchange Final Map of deeds between Martin Stone and the City for a park land swap. Mr. Jon Anderson, MacKay and Somps, was recognized and spoke briefly on the number of lots contained in the second unit of subject subdivision. Discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the Council approved the final map for Rancho Sonoma Subdivision Unit No. 2 and authorized the Mayor to execute an appropriate subdivision agreement prior to the map being released for recording, and with the understanding that in approving the final map the City is not guaranteeing sewer and water service and that staff was authorized not to release the map for recording until the Rancho Sonoma Park land swap with Martin Stone had been completed. Page 12 December 13, 1976 Resolution No. 76-190 A RESOLUTION AUTHORIZING EXCHANGE OF DEEDS WITH MARTIN STONE (Rancho Sonoma Subdivision Park Site) Upon motion Of Clotn CilMICLIi 1B.)JJJ\_L110 "Y VUUi14..;_L_L1!1C11A Roberts, and unanimously approved, reading of Resolution No. 76-190 was waived and said resolution was adopted. Annexation Northward City Manager Callinan polled Council members concerning the possibility of annexing to Rohnert Park the property north of the City limits along U.S. 101 freeway to Hearn Avenue, generally extending westward to the Northwestern Pacific Railroad tracks, eastward to the first property lines on the east side of Santa Rosa Avenue, and requested the Council's approval of proceeding with same. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously, approved, staff was authorized to proceed with a proposal concerning the possibility of extending Rohnert Park City limits northward along U.S. 101 freeway as explained. City of Rohnert Mayor Flores informed that the Council had met in executive Park vs James T. Lynn, session, prior to its regular session, to discuss litigation et al, Lawsuit of the City challenging the Santa Rosa Urban Renewal Agency regional shopping center and, by a majority vote, the City will appeal the U.S. District Judge's Order Granting Summary Judgement against the City. Park Development Costs- City Manager Callinan reviewed a recap of anticipated reve- Capital Outlay Fund nues and expenditures for development of Dorotea and Eagle Parks, a copy of which is attached to the original set of these minutes. Snorkel Firefightin7, City Manager Callinan advised the Council that the final Equipment -Final Payment p'Ayment for the City's snorkel would be made to the Exchange Bank during December and that a "mortgage burning" with the Mayor would be held commemorating the occasion. Discussion followed during which City Attorney Flitner commented briefly on the Brown Act as it relates to disclo- sure of how certain individuals vote on litigation matters in executive session. Anti-Recession Fiscal City Manager Callinan, noting that the City had received Assistance 1$23,640 under Title II of the Public Works Employment Act of 1976, requested that the matter be continued. Brazil Lawsuit City Manager Callinan reviewed his memo to the City Council concerning service by Joseph Brazil of yet another lawsuit against the City and other public officials. Growth Management Plan City Manager Callinan reviewed his December 9th memo to the City Council transmitting a draft of a growth management plan. Discussion followed. The Council indicated that the draft of a growth management plan, as presented by City PIanager Callinan, should be considered at a separate work session, designated to be held on T,,Iednesday, January 5th, 7:00-9.00 p.m. in the City Offices. Park Development Costs- City Manager Callinan reviewed a recap of anticipated reve- Capital Outlay Fund nues and expenditures for development of Dorotea and Eagle Parks, a copy of which is attached to the original set of these minutes. Snorkel Firefightin7, City Manager Callinan advised the Council that the final Equipment -Final Payment p'Ayment for the City's snorkel would be made to the Exchange Bank during December and that a "mortgage burning" with the Mayor would be held commemorating the occasion. Page 13 December. l3, 1976 Ambulance City Manager Callinan reviewed his memo to the City Council concerning whether or not the City should operate its ambu- lance service on a long -term basis. Discussion followed. Ac- knowledgment of City Manager Callinan reviewed his memo to the City Council Individuals or Firms relative to issuance of certificates of appreciation acknowledging contributions by firms or indivduals. Discus - sion followed. Upon motion of Councilman Roberts, seconded by Councilman Eck, and unanimously approved, the Council requested thatthe City Manager bring individuals cr firms deserving of special recognition to the Mayor's attention. Rohnert Park Farms - City Manager Callinan informed that Mr. Grossi of Rohnert Purchase of Water from Park Farms had contacted the City concerning the possibility City of obtaining agricultural water -from the Cityts wells. Discussion followed during which Mr. Ed Grossi was recognized and explained to the Council the need for irrigation to save the hay crops. Upon motion of Councilman Hopkins, reconded by Councilman Roberts, and approved by the following vote, staff was authorized to institute a program for delivery of no more than 100 acre feet of water to Rohnert "Park Farms as a sales price of $40 an acre foot. AYES: (3) 'Councilmen Hopkins, Roberts and Flores NOES: (1) Councilman Eck ABSENT: (1) Councilman Beary Resolution No. 76 -191 A RESOLUTION COMMENDING WESLEY R. BURFORD AND WISHING HIM.WELL ON THE OCCASION OF HIS RETIREMENT City Manager Callinan noted that Mr. Burford, Executive Dean at Sonoma State College, was.retiring and explained the resolution commending him. Upon motion duly made, seconded, and unanimously approved, reading of Resolution No. 76 -191 was waived and said resolution was adopted. City Offices -,Space City Manager Callinan reviewed his memorandum dated December Needs 9th concerning space needs of the City Offices. Discussion followed. City Projects City Manager Callinan advised that the following Public Works Department projects had been completed: "B" pool fencing, paving the.Corporation Yard, acquisition of a trash pump and ;a program instituted to monitor the City °s water pressure. Conditioning Building , City Attorney Fltner commented on his memo concering condi- Permits tions placed upon the issuanceof a building permit. Appointments to Councilman Hopkins initiated a discussion relative to the Commissions public hearing process in making appointments to commissions. Page,14 December 13, 1976 Councilman Hopkins made a motion to make appointments to City commissions in executive session. Discussion followed concerning the appointment process. Councilman Hopkins withdrew his motion. ,pment Mayor Flores read the Residential Development Committee's Committee Report memo concerning conditions for rescinding the ban on issu- ance of building permits to Debra Homes, a copy of which is attached to the original of these minutes® Mr. Art Condiotti, Mr..'Phil Trowbrige and Mr. Jack Darblay of Debra Homes were present and, after City Manager Callinan reada letter received from Condiotti Enterprises, dated December 8, 1976, discussion was held concerning the Committee's recommendations for rescinding the ban on issu- ance of building permits to Debra Homes. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the City Council adopted those recommendations of the Residential Development Com- mittee, with the exception of Condition No. 3 instituing a $10 fee for judgment concerning complaints, which was deleted, and stipulating that rescinding of the ban of issuance -of building permits would be reviewed by the Council within 60 days. Council -Than Eck made a motion to delete Condition No. 1, i.e. rescinding the ban on issuance of building permits for a 60 day period. Said motion died for lack of a second. Mr. James Hall was recognized and commented briefly on the matter® Refendum on Growth Councilman Eck indicated that this matter could be continued until the Council's work session of January 5th. Commerce Boulevard Councilman Roberts initiated a discussion concerning the Widening Project striping of Commerce Boulevard at the intersection with Rohnert Park Expressway in the interchange area. No Name Street At the request of Councilman Eck, City Manager Callinan Signalization gave a progress report on the installation of signals at No Name Street and Southwest Boulevard. Absence - Councilman Councilman Eck noted that he would be unable to attend Eck the December 27th meeting, as he would be on vacation. Carolyne Baresin- Mayor Flores noted that Carolyne Baresin had submitted Resignation from a letter of resignation from the Cultural Arts Commission. Cultural Arts Upon motion of Mayor Flores, seconded by Councilman Roberts and unanimsouly approvedo Carolyne Baresin's letter of resignation from the Cultural ARts Commission was accepted Adjournment There being no further business, Mayor Flores adjourned the meeting at approximately 11,/, :08 p.m® Z, Mayor Flores Deputy City Clerk INTER - OFFICE MEMORANDUM TO: Members of the City Council FROM: Residential Development Committee Warren Hopkins, Councilman Armando Flores, Mayor DATE: December 13, 1976 On Friday, December 6th, we met with Art Condiotti, Phil Trowbridge, Jack Darblay, Peter Callinan, Ron Brust, and Jimmie Rogers. We discussed the circumstances that caused the Council to stop building permits for Debra Homes. Essentially, the basic concerns of the committee were presented to the Council in substantial detail at our last regular session. Our major efforts at, the indicated meeting were to outline specific actions that Debra Homes would have to take for the committee to recommend rescinding the ban on building permits to the firm. It is our belief that the meeting was extremely productive and that the steps indicated below will alleviate the concerns of the affected homeowners and substantially eliminate future problems. Specific steps to be followed by Debra Homes: 1. The hiring of Jack Darblay as the new service manager. 2. Immediate written notification to the homeowners indicating the receipt of a concern. 3. The designation of city staff to make a judgment when a dispute occurs. Should the homeowner not be satisfied with the staff decision he may exercise his other legal options. 4. The repair or rectification of homeowners complaints within 60 days. Committee recommendation: 1. Rescind the ban on the issuance of building permits to Debra Homes for a sixty (60) day period. 2. Designate Ron 3rust, Director of Public Works /City Engin eer, as our staff representative to the Residential Development Committee. 3. Institute a $10 fee to be paid by Debra Homes when a staff judgment concern- ing a complaint is necessary. CITY OF ROHNERT PARK 6750 COMMERCE BOULEVARD Capital Outlay, Funds: (as of 11/30/76) . . $ 114,220 $ 132,665 Anticipated Revenues: Based on 3 Room Fee: 485.00 Less: Stadium Funds: (33.00) Comitunity Fac : 110.00 342.00 Country Club Estates 2E 49 Lots 16,758 Country,Club Estates 1C 33 Lots 11,286 Country Club Estates 1B 8 Lots 2,736 Country Club Estates 1A 153 Lots 52,326 Country Club Estates 6 20 Lots(est) 6,840, Country Club Estates 5B 79 Lots 27,018 Rancho Grande 186 Lots 63,612 Total Anticipated Funds Available: $ 204,166 $ 223,295 Estimated Park Development Costs: 244,952 217,011 Revenues Over. (Under) Needs $ (40,7§6). 6 284 NOTES: 1. Taken out of funds received prior to the shown beginning,balances were expenditures for play equipment installed in Eagle 'ark (est. $3)900) and for development of park at end of Country Club Drive (est. $5,000). 2. $15,000 was taken from each of the above areas as contributio`n'toward's lights installed 'at R.P. Jr. High field. 3. For Dorotea Park the revenues to be derived from the multiple- residential area south of`Hinebaugh Creek, east of the Golf Course,,and west of Country Club Drive are not shown. This could 'amount to $20,000430,000 depending on development plan. 4." For Eagle Park, the revenues to be derived from any multiple- residential units to be developed on east side of the Five Creek /Crane Creek Diversion Channel are .hot shown because of indefiniteness of plans for that area.