Loading...
1977/06/27 City Council MinutesCall to Order Roll Call Approval of Bills Adding Non - Agendaed Items ROIHNE K PARK CITY COUNCIL MINUMS June 27, 1977 -The Council of the City.of Rohnert Park met this date in regular session commencing at `i:00 p.m, in the City Offices, 6750 Commerce Boulevard, Rohnert Park,.with Mayor Beary presiding. Mayor Beary called the meeting of the regular session to order at approximately 7:00 p.m. and led..:the pledge of allegiance. Nk Present (4) Councilmen Eck, Flores,. Roberts and Beary Late: (1) Councilman Hopkins (his,.time of arrival is specifically noted in these minutes) Staff present for all or part of the meeting: City Manager Callinan,,City Attorney Flitner (his time of arrival is specifically noted in these minutes).,.Planning Director Skanchy and Director of Public Safety Dennett City Manager Callinan, referring to the bills for approval, noted.the addition of a progress.payment in the amount of $6,444 to Fellenz Construction Company. Upon motion of Councilman Roberts, seconded by Councilman Eck, and unanimously approved, the bills presented per the attached list in the amount of $787,,991.30, with the addition as noted above, were approved. City Manager Callinan requested that time be allotted to discuss and. make a policy decision concerning the golf course. a Se' tS � ei e r ie' S °$ •s ay C O N S E NT C A L E N'D A R City Manager Callinan referred the Council to his memo to the Council, dated June 23, 1977, £or:;explanation of all the matters on the Consent Calendar. Resolution No. 77 -109.1 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND AUTHORIZING THE RELEASE,-OF BONDS FOR LLANO SUBDIVISION UNIT NO. 1 Resolution No. 77 -110 RESOLUTION OF THE.CITYCOU COUNCIL OF E THE CITY OF ROHNERT PARK APPROVING TRANSPORTATION Resolution No. 77 -111 RESOLUTION AUTHORIZING AND ITECT RECREATION PROCEED WITH PREPARATION OF PLANS FOR COMM Resolution No. 77 -112 RESOLUTION EXECUTE OF HE ATTACHED AGREEMENT (Agreement for Services MAYOR Servics TO of a City Attorney) Resolution No. 77 -113 RESOLUTION APPROVING LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL 'AID PROJECTS Resolution No. 77 -114 RESOLUTION OF THE ROHNERRTT PARK ITY COUNCIL REJECTING THE CLAIM OF VIRGINI A D Page 2 June 27, 1977 Councilman Hopkins Councilman Hopkins arrived at this point in the meeting, the Arrives time being approximately 7:30 P.M. k,ity Manager Callinan noted that Mr. Nicholson's request was for the 1976 -77 fiscal year. Mr. Nicholson explained the function of KBBF and commented that if the'1976 -77 allocation was approved there 'would be Upon motion of Councilman Flores, seconded by Councilman Roberts, and:approved'by the following vote, the City Council authorized' allocating funds.in the amount of $429.68 to KBBF from the 1976 -77 budget with the condition that the contri- bution be used as a 99National Endowment Match ". Upon motion of Councilman Eck, seconded by Councilman Roberts, and unanimously approved, reading of Resolution Nos. 77 -109 through 77 -114, as listed on the Consent Calendar sent;nn of the meeting's,agenda was waived and said resolutions were m adopted. IY I OD 1 d! pb PO eb Jvb dvD e a b Y9n° 'Pb p � 00 Ib' Pdb �� ib° eb pp p dn YS iY JC e ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 1 -ECTION 1.03.010 ^F TT-1t a'.FRm PARK MUN I.i" Notices) City.Manager Callinan explained the ordinance. Upon motion of Councilman, Flores; seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 332 was waived and said ordinance was adopted, Irrigation Mr. Ron Miller, 824 Santa Dorotea Circle, was recognized and expressed appreciation for distribution of letter and commented on the City's wat.:_b .�, Specifically, Mr. Miller noted that the medium strip along Country Club Drive was irrigated every morning between 6:15 and., 6:30'a.m, and that as a result of irrigating same a stream of ater ran across the roadway. He advised that he had filed a complaint with the Department of Public Works as well as Mr. Callinan's office. City Manager Callinan explained that there was no more water being used than was absolutely necessary and d1so tat ti.e matter had been referred to Public Works for resolution. The, Council expressed'itr appreciation to Mr. Miller for bringin the matter to its attention. KBBF Request for, Mr. Don P. Nicholson, Director of Development for KBBF, Financial Assistance Bilingual Broadcasting Foundation, Inc.;-:,was recognized and commented on his June 22nd letter to the Council requesting a financial appropriation in the amount of $429.68 to be used as a National Endowment Match. Councilman Hopkins Councilman Hopkins arrived at this point in the meeting, the Arrives time being approximately 7:30 P.M. k,ity Manager Callinan noted that Mr. Nicholson's request was for the 1976 -77 fiscal year. Mr. Nicholson explained the function of KBBF and commented that if the'1976 -77 allocation was approved there 'would be Upon motion of Councilman Flores, seconded by Councilman Roberts, and:approved'by the following vote, the City Council authorized' allocating funds.in the amount of $429.68 to KBBF from the 1976 -77 budget with the condition that the contri- bution be used as a 99National Endowment Match ". Page 3 June 27, 1977 AYES : ,(4) Coiinci.l rr-en Eck, Flores, -Roberts-.-and Beary Y NOES . (1)'!` Coufibilman 'Hopkins (_h Matter. yrsy: Mary' Stewart' '5781. Lorraine' Court, was recognized and discussed at leng,' th:the Council a newspaper article . , whi,,ch appeared' in the.`Press Democrat concerning the June 20th Council meeting at which the Council made a decision relative to implementing the growth management plan and allocation of building permits. Improved Public. City`Manager Calli:nan reviewed his June 23rd memo to the Communications Council concerning the May l6th,letter from the County Board System of Supervis,ors.:relative tr improved public safety communication system,. Director of Public Safety Dennett commented on the proposed system. '7 7 -li5 RESOLUTION-.OF THE COUNCIL OF THE CITY OF' NOHIuEIi F4K iv- ING IMPROVED PUBLIC SAFETY COMMUNICATIONS .SYSTEM, City Manager Callinan expl,ained.'the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approvgd,'reading of Resolution No. 77 -115 was waived' and said' resolution was adopted. File Noe 0498 - Planning Director Skanchy informed of Howard and Norman Siskel, Draffi Siskel °s Draft Environmental Impact Report, prepared by Del Environmental Impact Davis and Associates, for a 121 acre-parcel located on the Report west side of U.S. 10,1 Freeway, north of Hinebaugh Creek, and south of the -City, limits. He advised that the Planning Commission recommended approval of subject EIR and that a duly notice public hearing had been scheduled concerning same. Mayor Beary' declared the pubic hearing open to consider Howard and Norman Siskelts Draft;Environmental Impact Report for a 121 acre parcel lccated north and west of the City's wastewater treatment plant.' There being no.one desiring to be heard, and no written communications received, Mayor Beary declared the public hearing closed... - Discussion followed between Council members and Mr. Del Davis concerning the : °modified:.box model, i.e. Gaussian Box Model, projected;poi4ts of trafficcongestion, eventual develop - ment of the,alovrleaf interchange, necessity of developing aici additional well in :the.project area, anticipated rezoning of the area in accordance with the" Cityvs General Plan and various'problems addressed in the Draft EIR which suggested mitigating measures. Page 4 June 27, 1977 Resolutaoat' Noa 77 -316 RESOLtllIT T. THE•'CITY COIIN1 _ 1, O ;F THE CITY Of ROHNERT PARK AND CERTIFITING THE DRAFT ENVIRONMENTAL IMPACT REPJR FOR THE .PROPOSED REZONING CONSISTING OF APPROXIMATELY 121 HCRES OF '"'Ju LUCA'!'ED WEST OF U.S. 101 FREEWAY, NORTH OF HINEBAUGH CREEK AND ,ADJACENT TO.THE ROHNERT PARK SEWAGE TREATMENT PLANT, APPROVING THE FILING OF A FINAL ENVIRO1*E. ,ii Al TMPACT PEPOR ANT T 401 '?T+7 AT^ u n �. City Manager .Callinan explained the resolution Upon motion of Councilman Roberts, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 77 -116 was warped and said ' was adopted. said File No. 0500 Planning Director Skanchy �n�ormed of Qantas Development Qantas Development Corporation's application, for precise development plan and Corp., Precise architectural review for 20 single family and 48 apartment Development Plan and units on 2.5 acres, described the proposed project's location, Architectural Review renderings and development plan which were displayed and informed of the Planning Commission's approval of said project subject to conditions. Mayor Beary declared the public hearing open to consider Qantas Development Corporation's application for precise development plan and architectural review of 20 single and 48 apartment units located on 2.5 acres located south of Copeland Creek and east of Colegio Vista Subdivision No. 2. Mr. Peter Bailey, 7491 Adrian Drive, was recognized and inquIr-ed what a zero lot line was. Planning Director Skanchy explained same. Mrs. Mary Stewart, 578 Lorraine Court, was recognized and inquired if the proposed project would be a "low cost" hous- ing project. Mr. Jon Joslyn, Qantas Development Corporation, was recognized and informed that no price figures had been projected at this time although his firm was making every effort to reduce costs. as :much as possible. Mr'. Joslyn described the project's location in r,oln+•;_ _U ;- a_ location - +'•4 wx4d 11111 LU eXist ng development and advised that the apartment complex had carports and not garages. City Manager.Callinan informed that he had received a phone cal'_ from one property owner concerning the locaticn of the mliltiple family structures and that he had advised that individual 'there ' would be single family homes immediately adjacent to his property. Tr. e bring no one - further desiring to be heard, and no written communications received, Mayor Beary declared the public hearing closed. Discussion followed concerning allocation of building permits which were approved by the Council at its June 20th meeting and possibility of Mayor Beary having a conflict of interest concerning the project. Page .5 . Jane. 27, la`s`, Mayor Beary stated far the record that he did not intend to bid on the project,and foresaw no material gain,: therefore, according. to City Attorney Flitner's interpretation of the 'law,' was _ not in conflict in voting on the proposed project. Councilman Flores.made a motion, which was seconded by Council - mam HopkIins, :to approve Qantas Development Corporations' application for precise development plan and architectural review for 20 single family and 48 multiple family apartment units subject.to those conditions imposed by the Planning Commission, but pL_ ^ovid:'I.ng. that No.. 7 of nditions of approval stipulate tile or mood shake shingles. Discussion followed concerning composition vs. shake shingle roofing, various.conditions of approval, and during which ,._ Mr. :Bob'4'Neel requested that.his firm be allowed to construct carports rather than garages.. Councilman Flores accepted,, as a friendly amendment to his emotion, modifying condition "No. 5 to provide for a swimming pool and recreation building as approved by the Planning Commission. Councilman Flores motion to approve Qantas °Development Corpora Lions' application for precise development plan and architectural review of 20 single family and 48 multiple family units (File No. 0500) to.be located south of Copeland Creek, west of Snyder.,_Lane and east of Colegio Vista Sub- division, as recommended by the Planning Commission, but de-leting,condition Nos...3..and 4 and modifying condition No. 7 to provide tile or wood .shingles as well as recreational facilities, failed by the following roll call vote: AYES: (2)' Councilmen Flores and Hopkins NOES (3). Councilmen Eck, Roberts and Beary Mayor Beary made a motion,'which was seconded by Councilman Hopkins, to approve Qantas Development Corporations' applica- tion for precise development plan and architectural review for 20 single family and 48 multiple family units (File No. 0500) as recommmended by the Planning Commission, deleting condition.Nos.. 3 and .4 with no stipulated roofing material. Said motion failed by the following roll call vote: OYES (2) Councilmen 1iopkins 'and Beary NOES: (3) Councilmen Eck, Flores and.Roberts Councilman Hopkins made a motion to approve the original motion. Councilman Flores seconded the motion. City Attorney Flitner reviewed the rules of order and procedure in re- considering an original motion. Upon motion of Mayor ' Beary; "seconded "by,.Councilman Hopkins, and approved by the `following.roll call vote, the Council approved re-- consideration of the original motion to grant precise developriient' plan "and architectural review subject to certain conditions.` Page 6 June 27, 1977 Upon motion of Councilman Flores, seconded. by Councilman Hopkins, and approved by the following roll call vote, Qantas ���vCiopitie3it Corporation's application for precise development plan and architectural re,riew for 20 single family and 48 r conditions imposed by the Planning Coiilmis &so,i, cur p. that No. 7 of the conditions of approval provide for the or wood shake , shingles . 'AYES: (3) Councilmen Flore, Hopkins and Beary NOES (2) Councilmen Eck and Roberts File No. 0143 - Deer City Manager Callinan reviewed his June 23rd memo to the Meadow "Village, Amended Council concerning the amended final map for Deer Meadow Final Map Village. Planning Director Skanchy explained the amended final map, which was displayed, and informed that staff recommended approval of same. Mr4 Jon Joslyn and Robert O'Neel, representing Qantas Develop - ment Corporation and Young America Homes, respectively, were recognized and commented on the project. Upon motion of Council an Eck, seconded by Councilman Roberts, and unanimously approved, the Council approved the amended final map for Qantas Development .Corporation, Deer Meadow Village, 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 Ci tv i g Ytf7? oitar»n i aai na cn;gcin aS:` +c, ervice File No. 0.547 - City Manager Callinan reviewed his June 23rd memo to the William Jahn and Assoc. Council concerning William Jahn and Associates' application Skateboard Park for a skateboard facility located east of South Santa Rosa. Avenue. Planning Director Skanchy reviewed his planning staff report regarding subject application, commented on the proposed rezoning,. amendment to the Zoning Ordinance to allow "Skate- board Parks" as a conditional use, application for precise A evelopment plan and architectural review and use hermit 'Upplication. He described the proposed ska i�eboi= _ d park as shown on a development l' opm ___� _ent plan `whit�h __ "rlicp iayarl and ir�fnrmcrl that the Planning Commission approved the proposed project subject to conditions. M.,rror Beary declared the public hearing open on William Jahn .L46*-3` -i'.i - 11). from �tic_1�71 �r'..�'�:LC•Sld1 C�Rec.'P (Commercial Recreational) District; 2)to amend the Zoning Ordinance to add ,''Skateboard Parks" to the list of conditional uses contained.in'Section 17.16.130 of the . Municipal Codes 3) precise development plan and architectural review.for a proposed skateboard facility loca`ed on South Santa Rosa Avenue; and 4);a use permit for operation of sub- ject skateboard park. Page 7 June 27, 1977 Mr. Peter Morass 18 Ann Street, was recognized and-ex pre I ssed 'support of the project as presented. Mr. William Jahn, 604 Buena Vista Drive, responding to various questions of the council, explained how cracking of -the asphalt would be limited, surveys_ and projections that indicated such a facility would be economically feasible. There being no one further desiring to be heard, and no written, communications received, Mayor Beary declared the public hearing closed. Discussion followed concerning conditioning approval of the proposed development so as to provide a bond. Mr. Gary Clat , William Jahn Associates; was recognized and commented on the purchase, development and overall investment in the pro - ject. Ordinance No. 334 ORDINANCE OF THE CITY OF ROHNERT. PARK A14ENDING TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE (Zoning Map Change A.P. No. 143 -390 -11) City Manager Callinan explained the ordinance. Ordinance No. 335 Upon motion of Councilman Roberts, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 334 was waived and said ordinance was introduced. ORDINANCE OF THE ,CITY OF ROHNERT PARK AMENDING.TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE - SECTION 17.16.130 BY ADDING "SKATEBOARD PARKS" City Manager Callinan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, reading of Ordinance No. 335 was waived and said ordinance was introduced. Upon motion of Councilman Eck, seconded by Councilman Roberts, and approved by the following roll call vote, William Jahn Associates' application for precise development plan and architectural review for a proposed skateboard park located east of South Santa Rosa Avenue (A.P. No. 143 - 390 -11) was i.pproved subject to conditions contained in the planning staff report and further subject to Council review of the precise landscaping plans. AYES: (3) Councilmen Eck, Flores and Roberts NOES: (2) Councilmen Hopkins and Beary Discussion followed concerning effective date of the approved use permit and operation of the skateboard park business. Upon motion. of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, the City Council stipulated that the use permit was conditional upon the skateboard park business being open for business at least 60 days during the period from July 1st to June 30th of each fiscal year in order for the use permit to be valid and operational. t Page 8 June 27, 1977 Recess ..,Mayor Beary declared a recess at this point in the meeting, the time being approximately 9;30 p.m. Reconvene Mayor Beary reconvened the meeting at approximately 9.40 p.m. File No. 0497 - City Manager Callihan reviewed his June 23, 1977 memo concern -: Drs. Becnel and webers ing Drs. Becnel and Weber's request to locate temporary Temporary quarters quarters at Snyder Lane Medical Center complex. on Snyder Lane Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, Drs. Becnel and Weber's request to locate temporary quarters at. Snyder Lane Medical Center complex was approved subject to ;imr conditions that may be imposed by staff and limited.to no longer than October 1, 1977. Dr. Becnel thanked the Council for its consideration in the matter. File No. 0458 - City Manager Callihan recommended that landscape plan review State Farm INsurance, for the State Farm Insurance Company complex be continued Landscape Review to July 11th in order that someone representing the firm could be present. File, No. 0216.- City Manager Callinan reviewed his June 23rd memo concerning Sonoma Grove, Use the Sonoma Grove use permit review, informing that the Plan - Permit Review ning Commission had, at its June 23rd meeting, allowed 30 days within which Sonoma Grove was to "clean up its act ". City Manager Callihan and City Attorney Flitner discussed imposition of additional conditi.ons;to the subject use permit- and n" ^,nnA; -g3 in considering revocation of -the use permit. Discussion followed. Mayor Beary declared the public hearing open concerning Sonoma Grove use permit review.. Mr. Beary indicated that the hearing would °bey limited to 20 minutes and informed that additional hearings would be conducted.. at which the public could address the issue. Mr. F. Major was recognized and.nformed that he had been a resident of Sonoma Grove since it opened and expressed interest in having residantc pF the 1°— a _ 116 '- r"epr "e ."7 ell lC1® tive(s) to deal directly with the Council. Mayor Beary generally explained the use permit review process. Mr. Major suggested that a representative of the residents be present at any other meetings. Councilman Flores briefly commented relative to receiving input' from, residents ofthe Grove. Mr." Major expressed interest in having a direct line of communication with staff, rather than reading reports in newspapers. Page 9 June 27, 1977 Mr: Ken Larchman was recognized and informed that he had lived in Sonoma Grove for nearly two years. He informed thit'none';:©f'the: documents stipulated.that occupants of Sonoma Grove had to be-Sonoma State College students, reflected on past problems with parking,'scabes, lice, and general reputation of the!Grove, and explained that there had been A tremendous effort to make. Sonoma Grove more desirable. Pat Britton, student at.Sonoma State College, was recognized and informing that she was a single parent and resident of Sonoma Grove, for the past;year,.explained that she was aware of'various health problems, but that the community was making an effort to solve its problems and .that she wouldn't like to see the Grove closed. Sharon McClure was recognized and, informing that she had been 'a resident of Sonoma Grove for two years, explained she had received a BA degree from Sonoma State College, that she, had investigated the community before moving into the area and that although the Grove,had some problems overall it was a desirable community within which to live. She generally commented on the make -up.of the Grove, i.e. married students, working parents, and cited that the cost of housing was reasonable. She commented on.individuals desire to live an an ecological area such as the,Grave and the concept of "improving and learning new skills before moving on. Nancy Moras, 18 Ann Street, was recognized and informed that she was a resident of Sonoma Grove and had been attending Sonoma State College for a number of years. Art Greer.was recognized and, informing that he had lived in Sonoma Grove. for 2 1/2 years, explained that there were quite a few children within the Grove, citing the importance of its family unit action. Cindy Major was.recognized and, in reference to various health problems mentioned during the hearing, informed that she was a pre- school teacher and had gotten sick more often from the public than from the community in which she lives. Steve Chant was recognized and informed that he had complied; with the request to tie his dog and expressed his desire 3,t that ,Council not ;,require remov =7. ? ?�'s dc; from , �h :, u:.-ove altp��_-Cher. Jack:Beal,.one`of the managers of Sonoma Grove, was recognized and commented.on the number of units /tenants occupying Sonoma Grove. He noted 'that there had never been more than 110 tenants.and. commented „that the number of tenants occupying the Grove. at any one time was self - limiting in itself. Art Greer .collaborated Mr.'Beal's statement. Tom Foley was recognized and informed that he had been working at the Grove for the past month helping move trailers, etc. to help 91c],ean, up their 'act” and expressed that he. didn't feel there were problems.as described by staff. File No. 0240 - Rancho Sonoma Sub- division No. 3, Final Map Page 10 June 27, 1977 Peter Moras, 18 Ann Street, was recognized and commented on Sonoma Grove as a community, various problems and attempt to resolve same, informed that prior violations had been 'rectified; expressed that it would be a good idea if Sonoma Grove residents participated with the Planning Commission and City Council in seeing that the conditions of the use permit were complied with. Mayor Beary indicated that the_.allotted time for the public hearing was up and, therefore, declared the public hearing closed. Discussion followed between members of the Council, City Manager Caeuinan and City Attorney t'litner. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, the City Council directed that the Planning Director to set for public hearing before the Planning Commission the question of whether the use permit for Sonoma Grove should be revoked and directed the City Manager to set before the City Council as soon after the Planning Commission hearing as possible, a public hearing to consider the recommendations and findings of the Planning Commission, and to consider the additional question of whether the use permit issued Sonoma Grove should be revoked. AYES: (4) Councilmen Flores, Hopkins, Roberts and Beary NOES: (1) Councilman Eck Jack Beal was recognized and i.nforimed that a poll was taken one month ago which showed that 730 of the Sonoma Grove resi- dents were college students. Discussion followed concerning use permit conditions and the Grove's clean -up. City Manager Callinan informed of a final map for Rancho Sonoma Subdivision No. 3 which was displayed. Mr. Novak, developer of Rancho Sonoma Subdivison No. 3, re- sponded to C.p»nci lman M oreg zi esti pn rel ati ve fin workmi n ..carting construction at 7:00 on Sunday morning and indicated }�P Taniil ri an, a with +I-ia Tan »lemon nnn novrniri rr anmo ming Upon motion of Councilman.Flores, seconded by Councilman Roberts, and unanimously approved, the Council approved the final map for Rancho Sonoma Subdivision Unit No. 3 and author - ized 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. City Manager Callinan informed that the Council should discusE and make a decision regarding putting the growth policy matter on the November ballot. He informed that copies of City Attorney Flitner's June 229.,1977 memo had been disseminated to each Councilman,prior to the meeting. Page 11 June 27, 1077 Discussion followed between members of the Council, with City Manager Callinan and City Attorney Flitner participating, relative to placing the growth measure on the November ballot, possible effect on the school bond issue, having a balanced ratio between single and multiple family residential develop - ment, wording of the ballot measure and procedures in amending a initiative ordinance as opposed to an advisory measurer -Mayor Beary made a motion, which was seconded by Councilman Flores, to place an advisory measure on the November ballot adressing the growth matter including item Nos. l and 2 (A, B, C and D) contained in the June 22nd memo from City Attorney Flitner. Councilman Roberts requested that provision be made for item "E. Present policy be 650 units, 70% residential - 30% multiple" May Beary and Councilman Flores accepted Councilman Roberts suggestion as a friendly amendment to the original motion. Mayor Beary's original motion to place an advisory measure to failed by the follotr on the November ballot relative growth ing roll call vote: AYES: (2) Councilmen Flores and Beary NOES: (3) Councilmen Eck, Hopkins and Roberts Extension of Meeting Upon motion of Councilman Eck, seconded by Councilman Roberts Council approved and approved by the following vote, the its meeting past its,ll:00 p.m. deadline. extension of AYES: (4) Councilmen Eck, Flores, Roberts and Beary NOES: (1) Councilman Hopkins Communications Communications per the attached outline were brought to the was taken on any attention of the City Council. No action as specifically noted in these minutes. communications except Rohnert Park Day- City Manager Callinan polled the Council to determine how Rohnert Park Day Sonoma County Fair many Council members would be attending at the Sonoma County Fair. Emily Avenue Annex City Manager Callinan reviewed his June 23rd memo to the in developing the elementary School Council concerning progress school site on Emily Avenue. Regional Water City Manager Callinan reviewed his June 23rd memo to the Quality Control Board Quality Council concerning the Regional Water body's lifting of the cease Control Board meeting in Ukiah and subject and desist order against Rohnert Park. 1077 -78 Proposed City Manager Callinan presented each Council member with Budget a copy of the 1077 -78 Proposed Budget. Cliff Smith Resolution No. 77 -117 Page 12 June 27, 1077 DI--scRxsSion followed during which the Council indicated it would hold a work session to discuss the 1977 -78 Proposed Budget.on July 12th at 1 :00 P.M. City Manager Callinan informed of former Mayor and Councilman Clifford; - Smith's .passing. RESOLUTION OUTLINING POLICY CONCERNING USE OF PRIVATELY OWNED CARTS ON GOLF COURSE City Manager Callinan explained the resolution and informed that same had been discussed with the Council's Golf Course Committee during the recess. Upon motion of CCouanci lman H O nv;ns seconded .. , ,ucu 1... u Ly '.vuc:.L-L11iC1n Flores, and unanimously approved, reading of Resolution No. 77 -117 was waived and said resolution was adopted. Tentative Map Approval City Manager Callinan, upon questioning of Mayor Beary, informe :hat a specific condition was being placed on all tentative map approvals relative to conformance with the City's growth policy. 1977 -78 Proposed Mary Stewart, 578 Lorraine Court, was recognized and inquired Budget of the 1977 -78 Proposed Budget would include $130,000 which was anticipated to be received under the Federal Revenue Sharing Funds. City Manager Callinan explained that most of the funds would be designated for use to develop the community and recreation center complex. Planning ng 'Coiimissi ^vii iial'y Stewart, 578 Lorraine Court, initiated a short discussion Membership relative to having six members serve on the Planning Commissior She was informed that the idea had been tabled indefinitely. Adjournment A moment of silence was observed in rememberance of Clifford Smith. There being no further business, Mayor Beary adjourned the meeting at approximately 11:25 p.m. r Deputy City Clerk Memorandum to City Manager From City Attorney Flitner to ea. ;y to nan re: Election on growth measures June 22, 1977 �.o The City Council has indicated its desire to hold an election regarding the direction of the City relative to growth in November, 1977. As I see it, there are at least two ways the City Council could go. The first way would be for the City to draft an initiative ordinance setting forth in great detail its proposal for consideration by the voters relative to growth. If this were done, then all subsequent actions relative to the ordinance would have to be taken by the voters. If the ordinance were to be amended for example, the voters would have to amend it. If the ordinance were to be repealed for example, the voters would have to repeal it. The only qualification on that. prcedure would be if the voters would allow the City Council to amend the ordinance after a specified time or if the ordinance would "phase out" after a specified period of time. As I have indicated to you and the Council, this can be done. However, it is cumbersome; certainly restricts the powers and rights of the Council in matters of legitimate legislative concern and removes that issue from the direct control of the City Council. My own personal opinion is that it is a dis- service to the voters in the long run since it places within the City Code, laws that may remain there by inaction rather than action, and certainly encumbers or delays the law making process. The opposite approach would be for the City Council to enact the proposal and if they don't enact what the voters desire, then councilmen are elected who do. In this fashion it seems to me the Council is just as responsive to the voters and the voters through their election of councilmen exercise a more immediate control over these type measures. The second approach would be to submit the matter to the voters for an advisory vote. This is now authorized by the law under Chapter 916 enacted by 1976 Legislature. 95010 of the Elections Code now provides that city measure includes "any advisory question or any other question or proposition submitted to the voters of a city." Elections Code §5360 authorizes a city to City Manager Callinan June 22, 1977 page 2 conduct an advisory election consolidated with the scheduled elctions of the city, county, city and county or district for the purpose of allowing voters to voice their opinion on substantive issues or to indicate voter approval or disapproval of the ballot proposal. The advisory vote is so indicated and the ballot is designated "advisory vote only ". The advisory vote is not controlling on the sponsoring legislative body. This may be of some concern to some members of the electorate. Again, if the vote is overwhelming, it seems to me that the electorate has the right to remove councilmen at the next election scheduled for councilmen positions, which would be March of 1978. If the City of Rohnert Park elects to submit the matter to a vote, I would suggest proposals somewhat similar to the following being considered. 1. Should the City of Rohnert Park enact a growth control measure, by ordinance, resolution or otherwise, limiting the annual gorwth of the City to a specified amount? 2. Should the growth control measure limit growth by one,of the following methods: A. A specified limit per year YES NO B. A specified percentage per YES / / NO year C. If the City of Rohnert Park should limit the number of units per year by a numerical amount, should that numerical amount exceed 400 units per year - - -- 600 units per year -- - ----- 800 units per year---/ / 1000 units per year - - - --i_7 CHECK APPLICABLE BOX City Manager Callinan June 22, 197.7 page 3 D. If the City of Rohnert Park should limit the numbereof units per year by a percentage amount, should that percent exceed (CHECK APPLICABLE BOX BELOW) 2% of the City Population as determined by the State Department of Transportation / 7 I - `Q? "`'- City population as determined by the State Department of 4% of the T-r- an- sp«r- tation the City Population as p o p determined by the State Department 6% of of Transportation =7 M....:. determined by the State Department o 8% of the City population as Tr-anspo tati.on C t ulation as determined by the State Departmen 10% of the City pop of Tyra- n- spo--rt-ation Z::7- These are only suggested thoughts by me for the format of a proposed advisory vote. If an advisory vote approach is selected, we may be able to consolidate some of these questions and streamline them. However, I believe we must know two things: 1. Are we to submit the matter to the voters as an initiative ordinance or as an advisory vote. 2. We need to know generally the questions the Council wishes to ask the voters. In that regard, I think some alternative e i questions should be propofdthe since Councileisstonwriteean i ordinance diversion of opinion and based on a consensus of opinion we must secure the majority thinking in that regard. HN D. FLITNER City Attorney JDF /jes