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1977/06/13 City Council Minutes1 ROHNERT PARK CITY COUNCIL MINUTES June 13, 1 977 The Council of the City of Rohnert Park met this date in in the City Offices, regular session commencing at 7:20 P.M. Boulevard, Rohfiert Park, with Mayor Beary 6.750 Commerce presiding. The'regular` session was preceded by an executive - session which commenced -at 7,:00 p.m. and at which all Council Callinan and men, except Councilman 'Flores, City Manager was held to City Attorney Flitter were present and which discuss litigation and personnel matters. Call. to .Order Bear called the - meeting of the regular session to Mayor y led the pledge of alle- order at`.approximately 7:20 p.m. and giance. Present: (4) Councilmen Eck, Hopkins, Roberts and Beary Roll Call Late: (1) Councilman Flores (his time of arrival is specii. cally noted in these minutes) Staff present for all or part of the meeting: city Manager Planning Director Skanchy. Callinan, City Attorney Flitter and Approval of Minutes mnutesdofyMay 23, Councilman .Upon.motion of Councilman Eck, and unanimously appro vedkthe were approved as' submitted. ` ` Approval of Bills ' motion of Councilman Roberts, seconded by Counci Upon lman the bills presented per the Eck,, _and unanimously approved, were approved. attached list in the amount of ."77419383.77 Growth Matter Councilman Eck made a motion, which was seconded by Council- and possible man Hopkins, that the Council's discussion scheduled for 9:15 p.m. on the action concerning growth, be "time certain" item. Discussion followed. agenda, a Councilman Eck's, motion was unanimously approved. Adding .Non- Agendaed... ..Councilman Hopkins requested tha�ovrdingealternates under. the for Items Matters from- Councilmen 1) p to'various city commissions, and 2) Petaluma SFhoo1 exafficio District election which Rohnert Park did nct Y:ave an opFortunity to participate in. Councilman Roberts requested that time be allotted under Mosquito Abatement Matters from Councilmen` concerning the District. Unscheduled Public.: Mr Jack Titus, 6081'E1sa Avenue, recognized and for precise Appearances if the. Councils consideration o 'plan and,archltectural review of a multiple " development family residential project, "should be after its discussion during concerning the growth policy. Discussion followed that legally it wouldn't which City Attorney `Flitner'.advised what time during the meeting the Counci make any difference at considered the project. Page 2 June 13, 1977 0 N S E N T C A L E N D A R City Manager Calli: nan referred the Council to his memo to the City Council, dated June 10,1977, for explanation of all the matters on the Consent,.Calendar. In reference to Resolution Nos. 77-100 and 77-102, he commented that the agreements with Messrs,, Poncia. and Carinalli might include some minor changes and requested that staff be allowed to use its discretion 'whether or:,not the matter should be referred back to the Council. Discussion followed during which the Council authorized Mr. Callinan to hA-n.A--Ia- the matter at his discretion, Resolution.No. 77-95 RESOLUTION MAKING APPOINTME . N . T TO THE BOARD OF DIRECTORS OF THE REDWOOD EMPIRE,WORKERIS COMPENSATION FUND Resolution No. 77-96.: RESOLUTION AUTHORIZING GRANT DEED TO MARTIN STONE (Rancho Sonoma Park Land Swap) Resolution No. 77-97 RESOLUTION ACCEPTING COMPLETION AND 11 DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION (State Farm Drive-Enterprise Drive Improvement Project No. 1976-4) Resolution No. 77-98 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM OF MICHAEL FORE, PHYLLIS FORE, AND TODD BRIAN FORE Resolution No. 77-99 RESOLUTION OF THE ROH'NERT PARK CITY COUNCIL REJECTING THE CLAIM OF DENISE BOYD Resolution No. 77-100 RESOLUTION APPROVING AGREEMENT WITH STAN PONCIA FOR THE USE OF TREATED WASTEWATER Resolution No. 77-101 RESOLUTION APPROVING AGREEMENT WITH DOMINI C CARI NALLI FOR THE USE OF TREATED WASTEWATER Resolution No. 77-102 RESOLUTION AUTHORIZING ABANDONMENT AND SALE OF PROPERTY ADJACENT TO GOLF COURSE ADJACENT TO DONNA AND DINAH COURTS Resolution No. 77-103 RESOLUTION DESIGNATING AUTHORIZING AND APPROVING INSTALLA- TION OF'STOP SIGNS Parcel Map No. 41 Approving Parcel Man mn- ui fn� I "'J.-L".0 CLY 3CEV_L11rZ:i and Loan Building site at southwest corner of Rohnert Park Expressway and State Farm Drive Upon motion of Councilman Eck, seconded by Councilman Hopkins, and approved by the following vote, reading of Resolution Nos. 77-95 through 77-103 was waived and said resolut* ions were adopted',and Parcel Map No. 1+1 approved, as.listed on the CoPsent.Calendar section of the agenda.. AYES: (4) Councilmen Eck, Hopkins, Roberts and Beary NOES: (0)- None ABSENT. (1) Councilman Flores Ordinance No. 332 Page 3 June 13, 1977 Mr. Michael Murnia, Dinah Court, was recognized and asked when the County Assessor would determine the assessment for the property to.be sold adjacent to Donna and Dinah Courts. City Manager Callinan explained that subject property probably already had an assessed valuation. Mr.. Murina indicated that he wanted to go on record as having expressed an interest in purchasing the property. 'AN ORDINANCE OF THE CITY ' OF ROHNERT PARK AMENDING CHAPTER 1 OF THE MUNICIPAL CODE (Re. City Posting Requirements of Notices Location) City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Eck, . and unanimously approved by the following vote, reading of Ordinance No. 332 was waived and said ordinance was intro- duced., AYES:'(4) Councilmen Eck, Hopkins,. Roberts and Beary NOES: (0) None ABSENT: (1) Councilman Flores, AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 12.06 OF THE MUNICIPAL CODE (Re. Mailboxes--Residential Yard Areas) City Manager CAllinan explained the proposed ordinance regard- ing.postal service. Discussion followed. Councilman Roberts made a motion, whichwas seconded by Councilman Eck, and which failed by the,following roll call vote,* to I waive the reading of ordinance No. 332 and introduce said ordinance. AYES: (2) Councilmen Eck and Roberts, NOES: (2) Councilmen Hopkins and Beary ABSENT: (1) Councilman Flores Resolution No. 1 77-104 A RESOLUTION CONFIRMING AMENDED ASSESSMENT (Project No. 1956- 1, Assessment No 6.9.4.1.1 -1.1) City Manager Callinan reviewed his memo dated June 10, 1977. Mayor Beary declared the scheduled public hearing open on Project No. 1956-1, Amended Assessment No. 6.9.4.1.1-1-1. There being no one desiring to be heard,a,nd.�no written commu- nications received, Mayor Beary closed the public hearing. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, reading of Resolution No. 77-104 was waived and said resolution was adopted. Resolution No. 77-105 A . RESOLUTION CONFIRMING AMENDED ASSESSMENT (Southwest Boule- vard Imp I rovement,Proj.ect No. 1970-4,,Assessment No. 3-1) Page 4 June 13, 1977 City Manager Callinan reviewed his memo dated June 10, 1977. Mayor Beary declared the scheduled Public hearing open on Project No. 1970-4, Amended As.sessment No. 3-1. There being no one aesiring,to be heard and no written commu- nications received, Mayor. Beary closed the public hearing. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, reading of Resolution No. 77-10.5 was waived and said resolution was adopted. Commission City Manager Callinan reviewed his J ne 10th memos to u ­ the Appointments City Council concerning various commission appointments. He informed that two additional "fact sheets" had been' re--eived after the stipulated deadline from Eugene Chaon for the Parks and Recreation Commission and Mr. Valinteno Sabuco for the Planning Commission and that acceptance of same would require a policy decision of the Council. Mr. Callinan also noted that George Henley and Ron Fiori had indicated that they did not desire to seek re-appointment to the Parks and Rec- reation Commission. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the applications of Eugene Chaon and Valinteno Sabuco were accepted. Discussion was held concerning the amount of time allotted to interview 29 applicants and procedure of conducting public interviews. Mayor Beary declared the public hearing open to consider making appointments to the 1) Parks and Recreation Commission, 2) Cultural Arts Commission and 3) Planning Commission. Parks and Recreation Commission .Mr. George Geister, 5715 Davis Circle, was recognized and informed that he had been.a resident of Rohnert Park since 1951, previously served on,the Parks and Recreation Commission but resigned to start the C.Y.O. Basketball program. Mr. Geister, responding to various questions of the Council, expl=inael 1-­­ •­ — 1— e— ,,.�U LCIL'-LY W.LL11 et= LL_LLi�' youngsters 16 and up involved In the recreation programs. He also commented on the continuance of the park development program as originally envisioned. Mr. Roger K-eischer, 128 Alden Avenue, was recognized and informed that he.had been a resident of Rohnert Park since 1969 and that he had served on the Parks and Recreation Com- mission since September 1971. Mr—Kreischer, responding to various questions of the Council, expressed concern regarding-providing recreational programs for youngsters between the ages of 14-18 and suggested that the Parks and Recreation Commission might be able to have a more decisive role in.programming recreation activities, i.e. for I Youth. He noted that he.woiAld like to see upgrading Page 5 June 13, 1977 of recreational facilities at each park, provision for tennis cour.ts'for parks''not having same, and a,.community and recreati< center type, complex constructed under the Public Works Act ($980,000). He observed that a commissioner's goals should be to provide facilities and recreation programs for the community,.',, Tina Herren, 8502 I;ombard Way, �ias recognized and informed that she had been employed in Rohnert, Park since 1967, being a resident since 1969, and that she was actively involved in many of the community's recreation programs. Mrs. Helgren, responding to various questions of the Council, explained that.one of her major concerns was for the community center and "B " Park parking lot. She explained that she would build a community center with the Public Works Act funds ($9809000)'and commented on °participation of juveniles in recreation programs:in relationship to curtailing vandal - .ism in the community. Mrs.'Helgren explained that she was going to strive to establish a "par course" in Rohnert Park. Councilman'Hopkins made a motion, which was seconded by Mayor Beary, to re- appoint Robert DeVIan, Tina Helgren, Thomas O'Halloran and Roger Kreischer to the Parks and Receation Commission and defer consideration of other commission open- ings. Discussion followed. Councilman Hopkins' motion failed by the following roll call vote: AYES: (2) Councilmen Hopkins and Beary NOES: (2) Councilmen Eck and Roberts ABSENT: (l) Councilman Flores Cultural ARts Commission: City Manager Callinan read the names of those individuals submitting, fact sheets" for consideration in appointment to the Cultural Arts Commission Discussion followed concern - ing setting precedent in appointing to the Commission members of the Cultural Arts Corporation Board of Directors. Mrs. Shirley Russell, 7568 Beth Court, was recognized and informed that she had been a member of the Board of Directors of the Cultural Arts Corporation for'15 months, and that if she had $980,000 she would like to see a community center complex with a theatre and various related facilities. Mayor Beary explained that reference to having $980,000 was related to receipt of that amount under the Public Works Act. Mr. Frank Christmas, 7380 Circle Drive, was recognized and requested that his name be withdrawn from consideration based on the foregoing Council's discussion relative to makin' aointments from members of the Board of Directors. Page 6 June 13, 1977 Mayor Beary informed Mr. Christmas that he should speak with Marion McMullan concerning consideration for appointment to the Corporation's Board of" Directors. _ Mrs. Kathy Dietz, 403 Ava Avenue, was recognized and informed that she had been a resident of Rohnert Park since 1964, had served on the Commission since 1972 and explained that she was still trying to find a function that would bring out more than 50 people other than the chess tournament. Councilman Hopkins made a motion to appoint both Katherine Dietz and Shirley Russell to the Cultural Arts Commission for four year terms, leaving the one year term open until a later date. Mayor Beary seconded the.motion with the proviso that Susan Roth be appointed to the one year term, i.e. until July 1, 1979 Councilman Hopkins accepted Mayor Beary's suggestion as a friendly amendment to his motion, which was approved by the following vote AXES: (4) Councilmen Eck,, Hopkins, Roberts and Beary NOES: (0) None_ ABSENT: (1) Councilman Flores Mayor Beary made a motion, which was seconded by Councilma Hopkins, making, it Council policy that preference be given to Cultural Arts Corporation Board of Director members being appointed to the Cultural Arts Commission. Discussion follow. ed. Councilman Hopkins withdrew his second and Mayor Beary with - drew his motion. Planning Commission City Manager Callinan read the names of those individuals submitting „fact sheets" for consideration in appointment to the Planning Commission. Mrs Mary Stewart, 578 Lorraine Court, was recognized and questioned if another meeting would be held to discuss appoin ments.to the Planning Commission and informed that she was submitting her name because she was unhappy with the Planning Commission's decisions. Mrs. Stewart reminded Councilman Hopkins that at another meeting he had agreed that "things" (growth) were going _a, little too fast ". Mrs Stewart, responding to various questions of the Council, informed she owned no property in town and had no business interests that would constitute a conflict of interest, commented on her feelings of responsibility towards herself as well as the community, the community's growth, expressed that she "would like to see the City's general plan revised and expressed viewpoints concerning growth and residency in Rohnert Park. Page 7 June 13, 1977 Mr. Jack Titus, 6081 Elsa Avenue, was recognized and expressed that he would like to serve on the Planning Commission as I summed up in the 'parable regarding the "northwind and the sun ", informed that he had been vocal on the golf course development, growth and felt that maybe it was -.!me to turn the corner 'and try and get things done on the Planning Com- mission. Mr. Titus, responding to various questions of the Council, informed that he owned no propety in town other than his residence and had no business interests that would constitute a :conflict of .interest He described what he felt would constitute a' conflict of interest, explained that the time /space relationship should be considered in the growth issue,`'that he felt it was desirable to have a growth plan. He explained that it was apparent that some of the city ser- v.ices were .unable 'to keep pace with present growth, namely school facilities. Mr. Titus noted that some individuals :were of the opinion that the school board was responsible for schools, but in actuality other factors are involved. Mr..Titus expressed that as a Planning Commissioner he would like to establish a meaningful growth and ccxrmented on the ,purchase price and appreciation of his home. Mr. Kent. Nelsen, 7312 Belita Avenue, was recognized and in- formed .that he had lived in Rohnert Park for 11 year s. Mr. Nelsen responding to various questions of the Council, informe that he was presently purchasing his home and had no business interests that would constitute a conflict of interest. He commented accomplishments made by the Dutch and various other countries in terms of high density population areas, blending structures with landscaping, quality rather than quantity, and retention of the idea that high density areas could be built but still have quality. He explained that he was an equipment technician at Sonoma State College and generally described his educational background. Mrs. Elaine Trowbridge, 6039 Elsa Avenue, was recognized expressing that she too .was very cQncerned about the future of the area, especially•related to-the possibility of over - development of high density residential units and the pro - blems it -may create for the City as a whole. Mrs. Trowbridge felt the reason for excessive multiple family development was the result of decisions of the Planning Commission and City Council. She informed that she had lived in Rohnert Park.for one year and also commented on future energy saving projects. Mrs. Trowbridge, responding to various questions of the Coun- cil, informed she had no business interest or property hold ings that would constitute a conflict of interest. She "expressed concern relative to the amount of investment pro- perty in Rohnert Park saying that she would like to see more people who purchased property reside therein. She continued by explaining her past experience in west Sebastopol area to establish a 5 -10 acre minimum lot size and difficulty in She expressed her adjusting to the influx of people . opinion that density could be reduced and architectural designs improved to increase energy conservation and that eacl City was responsible for providing some housing, but that 450 units per year total would be adequate. She generally Councilman Flores Enters 1'... g June 13, 1977 endorsed the concept of providing some housing but not un- limited housing and explained why shp IiRrI mn%YPA +n pnknn"+. Park. Mr. Mike Griffiths,, responding to various questions of the Council, informed that he only owned his residence and had no business interests that would constitute a conflict of intere,- He explained that he worked in Novato and could not afford to live in.that area, therefore moved to Rohnert Park. He was pleased with the community, having lived here only one year, and commented on recreational facilities and shortage of schools. Mr. Griffiths explained, in relationship to over crowded school facilities that be --,,A r; 4- -k 1, on the override on tax limitation, then float a G. 0. Bond. Mr. Griffiths explained that he was a cil engineer for the City of Novato for the ­- 4:4 11 V - years, L CLL he had been active in the develOpment.of capital improvement program in Novato and exvressed his opinion that the capital improve- ment projects.of a community somewhat dictate the growth of same. He also expressed that a comprehensive general plan was important to a community, to develop a systematic growth pattern. Mr. Griffiths explained that he wasn't familiar with the legality concerning the growth issue but that generally he felt that growth limitations weren't necessary, because there were other ways to limitgrowth, and observed that as a person limited growth the total..cost of development goes up. He continued expressing that fees such as the bedroom tax, which had developed IICII Park served a use-Fill purpose --- - - % ---- k-t-- Mr. James Brog, responding to various questions of the Council informed that he had been a resident of Rohnert Park for 19 years, expressed his opinion that the present City Council and Planning Commission was doing a good job. Mr. Brog ex- plained that he was applying for a position on the Planning Commission because every body needs new blood. He explained that he owned a business, residence and rental property but had no property or business interests which would cons- titute a conflict of interest. Mr. Brog expressed that the Planning Commission had done a very good job and reflected that Rohnert Park was A well -. planned community, but noted that the community was standing on the threshold of an internal crises concerning the growth issue. He felt that the over crowded schools was probably the result of not educating the voters, and that implementing a growth restriction is only in response to a small voice of the communi-,:Y. Councilman Flores arrived at this point in the meeting, the time being approximately 9: . 20 p.m. Mr. Arthur Hollingsworth, 735 Bonnie Avenue, was recognized. Discussion was initiated concerning setting another meeting date in order to interview further applicants of the Planning and Parks and Recreation Commissions. Page 9 June 13, 1977 Mayor Beary announced that further interviewing of applicants for commission appointments would be conducted on Thursday, June 16, 1977, 8:00 p.m. Recess Mayor Beary declared.a recess at this point in the meeting, the time being approximately 9 :25 p.m. Reconvene Mayor Beary reconvened the meeting at approximately 9:30 p.m Growth Mayor Beary announced that the 9 :15 agenda item concerning discussion and possible action concerning growth management would be considered at this time. He explained, for the benEfit of the members of the audience, that a public hearing had been conducted at the last meeting for citizenery input and that at this time the Council members would discuss the matter in order to possible action concerning same. Councilman Eck commented briefly concerning growth management and made a motion to delete items a, b and e of No. 4, page G „-P 'Roonintinn Nn. 77-10 Concerning Growth of the City of Rohnert Park and Enacting `a program for Coping WiI th it Discussion followed and Councilman Eck agreed to withdraw his motion. A wide ranging discussion followed during which each Council- man reflected upon growth either as set forth in the present growth management program -or how same should be amended and /or related to conducting a ballot measure concerning the matter. Councilman Eck made a motion, which was seconded by Councilman Roberts, to amend the present growth program, Resolution No. 77 -10, to delete items 11b:99 and "e'9 under No.4.of page` 6 and re-word No. 3 of page 5 to read and provide as follows: 3. That the council determines as reasonable and acceptable the development of up to 650 residential units yearly which will allow the City and school districts to prop- erly plan for and provide the necessary schools, and other public facilities required to adequately provide service to the new development. Councilman Eck's motion was approved by the following roll call vote: AYES (3) Councilmen Eck, Flores and Roberts NOES: (2) Hopkins and Beary School District Councilman'' Hopkins made a motion,.which was seconded by Employees Residency Councilman Roberts, that the City Council direct a letter, over the Mayor's signature, requesting the Cotati- Rohnert Park Elementary School District and.Cotati- Rohnert Park Unified School District board of trustees, whenever possible, have administrative personnel employed by the district reside .within the ''limits of the school district. Growth`Matter Extension of Meeting File No. 0537 - Paul Schaefer, et al, Precise Development Plan & Architectural Review Page .10 June 13, 1977 Councilman Hopkins' motion was approved by the following roll call vote- AYES: (4) Councilmen Eck, Hopkins, Roberts and Beary ABSTAIN: (1) Councilman Flores Mayor Beary•made a motion, which was seconded by Councilman Flores, to place on the ballot in November for consideration by the public Resolution No. 77- 10.concerning growth ire order that the public would have an opportunity to endorse or re- ject same. Mayor Beary amendedhis motion to `instruct staff to present to the Council specific ballot measure wording. Mayor Beary's motion, as amended, was unanimously approved by a roll call vote. Councilman Roberts made a motion to use a 60 -40 percent ratio in developing single family /multiple family units respec- tively. Said motion died for lack of a second. Discussion was held concerning the Thursday, June 16th meeting It was determined that the meeting should convene at 7:00 p.m. Upon motion of Councilman Flores, seconded by Councilman Roberts, and..unanmously approved by a roll call vote, the Council approved a 1/2 hour extension of the meeting past its 11:00 p.m. dead6ivn s City Manager Callinan reviewed his May 10th memo to the Council concerning Paul Schaefer's, et al, application for precise development plan and architectural review of 19 unit cluster single family residences in the "RM- 1500 -PD" District located at the southeast corner of .mast 'o-at' Avenue and Cristabol Drive. Planning Director Skanchy read his planning staff report and described the development and elevations, which were displayed informinL- tht the Planning Commission recommended Annr'm ml n� same subject to conditions. Mayor Beary declared the public hearing open to consider Paul Schaefer's, et al, application for precise development plan and a- chitectural review of 19 unit cluster single family residences. Mr. John Maschino, project architect, was recognized and generally described the" overall goal of providing low and moderate income housing, structural design, open space areas, landscaping setbacks, and parking. Mr. Dale Trowbridge, 6039 Elsa Avenue, was recognized and commented that the project appeared to be a good project and questioned how this and other projects approved in the next few weeks would be affected by the growth program. Page 11 June 13, 1977 City Manager Callinan explained the aspect of implementing the growth policy resolution, as amended. There being no one further desiring to be heard, and no written communications received, Mayor Beary declared the public hearing closed. Discussion: followed between Council members, hr. Marchino and Mr. Schaefer. Councilman Roberts made a motion, which was seconded by Councilman Eck, to deny Paul Schaefer's application for precise development plan and architectural review (File No. 0537). Said motion failed by the following roll call vote: AYES: (2) Councilmen Eck and Roberts NOES: (3) Councilmen Flores, Hopkins and Beary Upon motion of Councilman Flores, seconded by Councilman Hopkins, and approved by the following roll call vote, the Council approved Paul. Schaefer's, et al, application for precise development plan and architectural review of 19 unit cluster single family residences at the southeast corner of East Cotati Avenue and Cristabol Drive subject to those conditions contained in the planning staff report and further providing that: 1. The development specifically be a condominium project. 2. That shutters be added to the facade of the build- ings. AYES: (3) Councilmen Flores, Hopkins and Beary NOES: (2) Councilmen Eck and Roberts Executive Session There being no unscheduled public appearances, Mayor Beary adjourned the regular meeting to executive session, at which all Councilmen, City Manager Callinan and City Attorney Flitner were present and which was held to discuss service on Council members and City Manager Callinan. Adjournment Mayor Beary adjourned the meeting at approximately 11:30 p.m. to Thursday, June 16, 1977 at 7:00 P.M. Deputy City Clerk APPR D: Mayor Beary