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1971/08/02 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES August 2, 1971 The Council of the City of Rohnert Park met this date in regular session commencing at 7:15 p.m. in the City Offices, 435.Southwest Blvd., Rohnert Park, with Mayor Hopkins pre- siding. The regular session was preceded by an executive session 'which commenced at 7:00 p.m. and at which City Man - ager`Callinan and all Councilmen except Councilman Roberts were present, and which was held to discuss personnel matters. Call to Order Mayor Hopkins called the meeting of the regular session to .,order at approximately 7 :15 p.m. and led the pledge of alle- ..giance. Roll Call Present: (4) Councilmen Buchanan, Rogers, Smith and Hopkins. Absent: (1) Councilman Roberts Staff Present for all or part of the meeting: City Manager Callinan, Deputy City Attorney Mawson, Engineer Hudis, and Planner Wes Vail. Executive Session Mayor Hopkins announced that an executive session had been held prior to the regular meeting to discuss personnel matters, one of which would be discussed later in the regu- lar.meeting. " Approval of Minutes Upon motion by Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the minutes of July 15 and 19 were approved as submitted. Approval of Bills Upon motion by Councilman Rogers, seconded by Councilman - Smith, and unanimously approved, the bills presented per the attached list in the amount of $13,278.20 were approved. Communications Communications per.the attached outline were brought to the attention of the Counci.L.• No action was taken on any com- munication except as noted specifically in these minutes. Pile No. 0196 City Manager'Callinan reviewed the rezoning application of Sonoma Campus Co. Sonoma Campus Co. for Lot Nos. 1 and 2 in Colegio Vista Sub - Appl. for Rezoning division No. 1 to RM -1500 and recommended that Ordinance No,. 149, which.had been introduced at the July 19 meeting, not be;adopted.,I_ Discussion followed. Councilman Rogers made a motion to adopt Ordinance No. 149 which was seconded by Councilman Buchanan. Discussion followed concerning control over the design of the proposed four- plexes in connection with the rezoning. Deputy City Attorney Mawson opinioned that zoning applied to the land only and that architectural review was the Council's best method of control over design. Ordinance No. 149 Councilman Rogers motion to adopt Ordinance No. 149 failed to receive approval by the following roll call vote: Planner Wes Vail read his report which recommended approval of the rezoning. City Manager Callinan brought to the attention of the Coun- cil communications received from Shirley Thompson of Plea - sant,Hill, Mary Evelyn Panttaja, and Wright & Oretsky, and advised that two letters addressed to Safeway had been re- ceived at the City Offices as had approximately 15 telephone calls, all expressing support for the rezoning and /or a Safeway store. Mr. Phil Davidson of -the Safeway Real Estate Department appeared in support of the zoning request and reported that his firm was pleased with the response from residents ex- pressing support for Safeway locating in Rohnert Parka He stated they did not intend to put anyone out of business; that they operate in many small towns and have never put any local markets out of business. Mr. Eugene McGillicuddy of GenEx Development Corporation appeared and reported that his firm would purchase the property at the southeast corner of Commerce Blvd. and Rohnert Park Expressway and would develop a shopping center there if the requested zoning was granted. He further advised that a commitment from Safeway had been obtained for a store in the shopping center and also that negotia- tions were in progress, with other possible tenants whose names he could not reveal at this time. -' Page -2- August 2, 1971 AYES: (2) Councilmen Buchanan and Rogers NOES: (2) Councilmen Smith and Hopkins ABSENT: (1) Councilman Roberts Councilman Hopkins requested that the matter be brought back to the full Council. City Manager Callinan reminded the Council that Councilman Roberts had expressed opposition to the rezoning, therefore it would seem unnecessary to bring the matter up again. Council concurred. City Manager Callinan recommended that all the lots in Colegio Vista Subdivision No. 1, be zoned to R -1, Single Family Residential, since they were never specifically zoned to a residential district. Council indicated its approval and,directed staff to proceed with the necessary proceedings for same. File 0197 City Manager Callinan reviewed the application of GenEx GenEx Development Development Corporation to rezone 12 acres at the south - Appl. for Zoning to east corner of the Rohnert Park Expressway and Commerce C -R Blvd. intersection to C -R, Regional'Commercial. Mayor Hopkins declared capen the scheduled public hearing on the application of GenEx Development Corporation for rezoning of 12 acres at the southeast corner of Rohnert Park Expressway and Commerce Blvd. Planner Wes Vail read his report which recommended approval of the rezoning. City Manager Callinan brought to the attention of the Coun- cil communications received from Shirley Thompson of Plea - sant,Hill, Mary Evelyn Panttaja, and Wright & Oretsky, and advised that two letters addressed to Safeway had been re- ceived at the City Offices as had approximately 15 telephone calls, all expressing support for the rezoning and /or a Safeway store. Mr. Phil Davidson of -the Safeway Real Estate Department appeared in support of the zoning request and reported that his firm was pleased with the response from residents ex- pressing support for Safeway locating in Rohnert Parka He stated they did not intend to put anyone out of business; that they operate in many small towns and have never put any local markets out of business. Mr. Eugene McGillicuddy of GenEx Development Corporation appeared and reported that his firm would purchase the property at the southeast corner of Commerce Blvd. and Rohnert Park Expressway and would develop a shopping center there if the requested zoning was granted. He further advised that a commitment from Safeway had been obtained for a store in the shopping center and also that negotia- tions were in progress, with other possible tenants whose names he could not reveal at this time. -' Page -3_ August 2, 1971 Mr. P. J. Fernan, 7691 Bonita Avenue was recognized and asked if it could be stipulated that Safeway must be a tenant before granting the zoning request. Staff replied in the negative, advising that the developer would have the prerogative of selecting his tenants. Mr. John Garatti, 7866 Burton, was recognized and asked when construction would begin on the shopping center. Mr. McGillicuddy replied that he estimated it would be early Spring before construction was begun. Mrs. Judy Fernan, 7691 Bonita, was recognized and asked what type of businesses might be locating in the shopping center without naming any names. Mr. McGillicuddy replied that arrangements were very tentative at this point, but perhaps there would be a major drug store. Mrs. Fernan specifically asked if there would be a carwash and gas station. Mr. McGillicuddy replied in the negative. Mrs. Sue Johnson, 956 Santa Alicia Drive,was recognized and made some general comments. There being no one further desiring to be heard, Mayor Hopkins declared the public hearing closed. Ordinance No. 151 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map Change, Portion of AP No. 143 - 050 -11) City Manager Callinan summarized the ordinance. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved by the following roll call vote, Ordinance No. 151 was introduced: AYES: (4) Councilmen Buchanan, Rogers, Smith and Hopkins NOES: (0) None ABSENT: (1) Councilman Roberts The Council indicated that it wanted to review and approve the site plans and architectural renderings when submitted for the GenEx development. File No. 0124 City Manager Callinan reviewed the application of Home' Home Appliance Co. Appliance Co. for a permit to place a mobile home on its commercial site at 5665 South Santa Rosa Avenue for use as combined family living and watchmen's quarters and advised that Mr. Francisco of Home Appliance Co. had given assuranc( that his previous commitment to the Council to install pav- ing and landscaping would be taken care of prior to the deadline date of November. Mr. Norm Francisco appeared and explained his tentative plans for placing a mobile home behind the existing build- Page -4- August 2, 1971 ing at 5665 South Santa Rosa Avenue. Discussion followed. Upon motion by Councilman Smith, seconded by Councilman Rogers, and unanimously approved, Mr. Francisco's applica- tion for a permit to place a mobile home an his commercial site at 5665 South Santa Rosa Avenue for use as a combined family living and watchmen's quarters was approved for a period of two years subject to the recommended conditions by staff such as placement, installation of skirting and landscaping. File No. 0175 City Manager Callinan reviewed recent Council action on the McDouall Apartments McDouall Apartment development and advised that Mr. Pat Taylor, representing McDouall Enterprises, had requested Council action on the proposed additional entrance road from Gravenstein Highway and Old Redwood Highway to College View Drive since the City of Cotati had requested an 86 foot right of way along Commerce Blvd. as part of another McDouall Enterprises development in that city. He reported that the matter had been discussed with Mr. Paul Salfen, City Manager of Cotati, and was advised by Mr. Salfen that the request for an 86 foot right of way on Commerce Blvd. had been made on the assumption that the additional entrance road had been deleted from the General Plan of Rohnert Park. Upon learning that the additional entrance road had not been deleted from the Rohnert Park General Plan, it was agreed that a 40 foot road along Commerce Blvd. from .Cotati to Rohnert Park would be sufficient. Mr. Pat Taylor, 488 Alta Avenue, appeared and urged the Council to take action on the proposed additional entrance road and requested that the Council go on record as support- ing the additional entrance road. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Buchanan, and approved by the following roll call vote, the Council affirmed that the City of Rohnert Park intends at some future date, to secure access from the Gravenstein Highway and Old Redwood Highway intersection to College View Drive as shown on the General Plan: AYES: (2) Councilmen Buchanan and Smith NOES: (1) Mayor Hopkins ABSTAIN: (1) Councilman Rogers ABSENT: (1) Councilman Roberts Planning Referrals City Manager Callinan recommended that the city adopt a Between Cities policy to refer all planning matters within 500 feet of the boundary between Rohnert Park and Cotati to the City of Cotati for review and comment and request the City of Cotati to adopt a similar policy. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, Mr. Callinan's recommenda- tion as set forth above was adopted. Page -5- August 2, 1971 File No. 0160 City Manager Callinan reviewed the application of Berean Berean Baptist Church Baptist. Church for a temporary use permit to use the second floor space above the existing Public Library in Norman Spivock's building on College View Drive to hold religious services and recommended approval. Upon motion of Councilman Smith, seconded by Councilman Rogers, and unanim ously approved, the use permit applica- tion of Berean Baptist Church to hold religious services above the existing library was approved subject to compliance with all applicable Codes relative to health and safety. Resolution No. 71 -85 RESOLUTION AUTHORIZING ACCEPTANCE OF DEED (Well Site on South Santa Rosa Avenue, Project No. 1968 -1a) City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 71 -85 was waived and said resolution was adopted. Resolution No. 71 -86 RESOLUTION AUTHORIZING ACCEPTANCE OF DEED (Sewer Easement on South Santa Rosa Avenue Project No. 1968 -1a) City Manager Callinan summarized -the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No. 71 -86 was waived and said resolution was adopted. Engineer Hudis advised that the Green Mill sign was.located in the area of the well site deed just accepted. The counci-* requested Engineer Hudis to contact the owner of the sign and make arrangements for removal of same. Project No. 1970 -8 Engineer Hudis reported on Project No. 1970 -8, Commerce Commerce Blvd. Bridge Blvd. Bridge at Hinebaugh Creek, and advised that Murdoch at Hi.nebaugh Creek Engineering Construction had requested an extension of time to August 16 due to strikes in the construction industry. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, an extension of time to August 16, 1971 was approved for Murdoch Engineering Con- struction. City Manager Callinan advised that it had become apparent that guard rails should be installed on the approaches to the bridge for safety reasons and that a bid of $931 had been received from Murdoch Engineering for same. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the installation of the approach guard rails as outlined by Project Engineer Hudis was authorized. Page -6- August 2, 1971 Project No. 1971 -2 Engineer Hudis reported on Project No. 1971 -2, Snyder Lane, Snyder Lane advising that it provided for the construction of a 40 foot road from Southwest Boulevard to the Rohnert Park Express- way, curb and gutter on the west side, and included suffi- cient storm drains to drain all the property being assessed, but would not drain the Benson property because it was not in the assessment district. City Manager Callinan reported on negotiations with Stern Brenner for the bonds for the assessment district and ad- vised they would prefer 1915 Act bonds. A brief discussion followed. Resolution No. 71 -87 A RESOLUTION OF PRELIMINARY DETERMINATION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE (Snyder Lane Improve- ment Project No. 1971 -2). City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -87 was waived and said resolution was adopted. Resolution No. 71 -88 A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS (Snyder Lane Improvement Project No. 1971 -2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -88 was waived and said resolution was adopted. Resolution No. 71 -89 A RESOLUTION DIRECTING PREPARATION OF INVESTIGATION ACT REPORT UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE (Snyder Lane Improvement Project No. 1971 -2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -89 was waived and said resolution was adopted. The Engineer presented his report made pursuant to Division 4 of the Streets and Highways Code. The Engineer summariz- ed the report except as to the map or diagram and the assessed valuations and true valuations of and estimated assessments upon each parcel of land. After consideration and discussion by the Council the Report was ordered filed with the City Clerk. Resolution No. 71 -90 A RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT, AND FIXING TIME AND PLACE OF HEARING THEREON, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE (Snyder Lane Improvement Project No. 191-2) City Manager Callinan summarized the resolution. Page -7- August 2, 1971 Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -90 was waived and said resolution was adopted. Resolution No. 71 -91 A RESOLUTION OF.INTENTION TO ACQUIRE AND CONSTRUCT IMPROVE - MENTS (Snyder Lane Improvement Project No. 1971 -2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -.91 was waived and said resolution was adopted. 'The Engineer presented his report pursuant to said Resolu- tion of Intention and the Municipal Improvement Act of 1913 consisting of plans, specifications, maps and descriptions, estimate of costs and expenses, and diagram and assessment. After discussion and consideration by the Council the Report was ordered filed with the City Clerk. Resolution No. 71 -92 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT. (Snyder Lane Improvement Project No. 1971 -2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71-192 was waived and said resolution was adopted. Resolution No. 71 -93 A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE (Snyder Lane Improvement Project No. 1971 -2) City Manager Callinan summarized the resolution. Upon motion.of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -93 was waived-and said resolution was adopted. Resolution No. 71 -94 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO- PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE (Snyder_Lane Improvement Project No. 1971 - 2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -94 was waived and said resolution was adopted. Resolution No. 71 -95 A RESOLUTION CALLING FOR SEALED PRUOSALS`AND FIXING LIQUID- - ATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED. (Snyder Lane Improvement Project No. 1971 -2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution Page -8- August 2, 1971 No..71 -95 was waived and said resolution was adopted. Resolution No. 71 -96_ A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT (Snyder Lane Improvement Project No. 1971 -2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -96 was waived and said resolution was adopted. Ordinance No. 150 AN ORDINANCE OF THE CITY OF ROHNERT PARK PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGH- WAYS, AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF,AS AUTHORIZED BY SECTION 22660 VEHICLE CODE AND PROVIDING PENALTIES FOR VIOLATION THEREOF AND REPEALING ORDINANCE NO. 92. City Manager Callinan summarized the ordinance. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following roll call vote, the reading of Ordinance No. 1.50 was waived and said ordinance was adopted: AYES : (4) Councilmen Buchanan, Rogers', Smith -, and Hopkins NOES: (0) None ABSENT: (1) Councilman Roberts Giffin Mobile Home City Manager Callinan advised that the resolution listed on Park File 0119 the agenda for acceptance of a deed for the Snyder Lane right of way and well site adjacent to Mr. Giffin's mobile home park was being deferred pending correction of the legal description in the deed. Resolution No. 71 -97 RESOLUTION AUTHORIZING ACCEPTANCE OF DEED (Hinebaugh Creek Right of Way) City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers,` seconded by.Councilman Smith, and unanimously approved., the reading of resolution no. 71 -97 was waived'and'said resolution was adopted. Resolution No. 71 -98 RESOLUTION AMENDING THE-BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 1 City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -98 was waived and said resolution was adopted. Employees Group Insurance Recess Reconvene Ordinance No. 152 League of California Cities Delegates Page -9- August 2; 1971 City Manager Callinan summarized his memo to the Council dated July 30, 1971 which recommended joining the Sonoma County Employees Group Insurance Plan with the understanding that the city's contribution rate remain the same and the employees paying the increase in premium. Discussion followed. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved by the following roll call vote, the Council authorized participation in the Sonoma County Employees Group Insurance Plan with the city paying the increase in premium. AYES: (4) Councilmen Buchanan, Rogers, Smith, and Hopkins NOES: (0' None ABSENT: (1) Councilman Roberts Mayor Hopkins declared a recess at this point in the meet- ing, the time being approximately 8:20 p.m. 'Mayor Hopkins reconvened the meeting at approximately 8:30 p.m. AN ORDINANCE OF THE CITY OF ROHNERT PARK PROHIBITING EMIS- SION OR CREATION OF NOISE BEYOND CERTAIN LEVELS. City Manager Callinansummarized the ordinance. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Ordin- ance No. 152 was waived and said ordinance was introduced. City Manager Callinan brought to the attention of the Coun- cil the League of California Cities request for voting delegates to be designated in connection with the annual conference to be held this year in San Francisco. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, Mayor Hopkins and Mayor Pro-tempore-Rober ' ts were voted delegate and alternate delegate respectively. New Public.Safety City Manager Callinan requested Council approval to employ Officer Jack Shields, a former Cadet, as a Public Safety Officer. The Council indicated its approval to employ Jack Shields as a Public Safety Officer. Interchange Overpass City Manager Callinan reported that the State Highway Com- mission had adopted a resolution of intention to provide the necessary matching funds for.,, construction of the over- pass if the EDA grant ils� approved.i.l. New City Office City Manager Callinan reported that the Cotati School Dist- Building rict had indicated it will lease space in the new City Office Building for a period of three years with an option for a three year renewal period. Page -10- August 2, 1971 City Manager Callinan reported that a letter had been re- ceived this afternoon from Mr. Paul Golis concerning reloc- ating the Civic Center. The Council indicated they did not find Mr. Golis' proposal acceptable._ City Manager Callinan solicited guidance from the Council in proceeding with plans for the new City Office Building and requested a committee to work with him on the project. Councilman Buchanan and Hopkins indicated they would like to serve on a committee to work with Mr. Callinan and were so designated. Alicia Park Lights City Manager Callinan reported that the main panel for the Alicia Park lights shorted out and a fire had resulted but no underground damage had been done but that necessary repairs would cost approximately $500. He further reported that repair work was complete and the lights back in oper- ation. Golf Course Safety Mr. Mike Mullens, 7675 Bonita, appeared to report that dur- in arcnty' 'tt th Glf0 d h lid Cotati Planning g e e isa o e o nurse riving range e a observed a young man in a golf cart "shagging" balls without any protection such as head gear or screening on the cart and requested that corrective steps be taken. Staff indi:• cated that Golf Pro Porter would be contacted to correct the situation. Mr. Pat Geis, property owner and Cotati Planning Commission- er, appeared and displayed plans for Mr. Pat Taylor's pro- posed gas station and car wash in Cotati on Commerce Blvd. near the Rohnert Park boundary and specifically brought to the attention of the Council the .request for a sign variance which would allow a 35 foot high sign. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Buchanan, and approved by the following roll call vote, the Council went on record as recommending to the City of Cotati Council and Planning Commission that they consider limiting the height of the proposed sign to 15 feet and that the sign be moved generally south on Commerce Blvd. so as not to be so near the entrance to Rohnert Park. AYES: (3) Councilmen Buchanan, Smith and Hopkins NOES: (1) Councilman Rogers ABSENT: (1) Councilman Roberts Adjournment APPROVED: a Mayor There being no further business, the meeting was adjourned at 8:47 p.m. Dep ty City lerk,