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1971/09/20 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES September 20, 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 Boulevard, Rohnert Park, with Mayor Hopkins presiding. The 'regular session was preceded by an executive - 'session which commenced at 7:00 p.m. and at which City Manager Callinan and all Councilmen except Councilman Buchanan were present, and which was held to discuss possible appointment to Commissions and 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 allegiance. Roll Call Present: (4) Councilmen Roberts, Rogers, Smith 6 Hopkins Absent: (1) Councilman Buchanan Staff Present for all or part of the meeting: City Manager Callinan, Deputy City Attorney Mawson, Bond Counsel Assaf, Engineer Hudis and County Planner Wes Vail 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 $26,589.68 were approved. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any com- munication except as noted specifically in these minutes. Exemption of Garbage Discussion was held concerning a resolution received from Fees from Income the City of Santa Rosa which requested federal legislation Tax enabling residents to deduct mandatory garbage fees on feder- al income tax returns. Resolution No. 71 -110 A RESOLUTION OF THE CITY OF ROHNERT PARK RECOMMENDING THAT GARBAGE FEES, OR SOME REASONABLE PORTION THEREOF, BE ALLOWED AS AN 'INCOME TAX DEDUCTION Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, Resolution No. 71 -110 was approved by title. File No. 0196 County Planner Vail verbally reported on the application of Sonoma'Campus Co. - Sonoma Campus Co. for rezoning of certain lots in Colegio Appl. for Rezoning Vista Sub. No. 1 from R -1 (Single family) to R -2 (Two family; and the site plan submitted advising that it was a difficult land use area and,the plan submitted should work out well. " He also referred to City Manager Callinan°s memo to the City Council dated September 17, 1971 and indicated concurrence with same. City Manager Callinan advised that notice of the public hear - ing on the rezoning application of Sonoma Campus Co. had been published in The Clarion and sent to property owners in the area. Mayor Hopkins declared the public hearing open. Ordinance No. 155 Page -2- September 20, 1971 Mr. Alan Forsyth was recognized and commenting on Mr. Callinan's memo to the Council acknowledged his firm's responsibility to..complete the landscaping of the median strip in Southwest Blvd. but requested they be allowed to complete same during construction of the proposed units and withhold occupancy permits until said landscaping is finished. The Council indicated its approval of Mr. Forsythe. suggestion. Mr. Forsyth also requested that the recommenda- tion in Mr.. Callinan's memo regarding shake roofs be modi- fied so as not to require shakes on all the proposed duplexes Mr. Olaf Gross, owner of Tivoli Garden Apartments, was re- cognized and spoke in favor of the application. Mr. Louis Beary, 810 Bernice Avenue, was recognized and questioned the wisdom of rezoning to R -2 in relation to,..., traffic generation; wondered about the impact on the tax base in Rohnert Park; and thought that maintenance might be better with R -1 zoning rather than R -2. He commented that discussion seemed to be slanted toward the developer but believed it should be shown how the proposed development uculd benefit the community in considering the rezoning request. There being no one further desiring to be heard, Mayor Hopkins declared the public hearing closed. Discussion followed with Alan Forsyth participating. AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map Change - Lots in Colegio Vista Subdivision No. 1).- Councilman Rogers made a motion to. introduce Ordinance No. 155 which died for lack of a second. Discussion followed during which it was noted that there are presantly no undeveloped duplex lots in Rohnert Park and housing for Sonoma State College students is badly needed. It was also noted that the agenda did not reflect a public hearing for the rezoning application and Deputy City Attor- ney Mawsan was questioned about the requirements for same. He advised that it had been published in the newspaper and notices mailed to property owners in the area, but did not have to be on the agenda as a legal requirement City Manager Callinan noted that a public hearing was not reflect- ed on the agenda due to an oversight. Further discussion followed concerning the conditions that staff recommended for the developm ent and how to accomplish same. The plot plan submitted was also discussed. Upon, conclusion of the discussion, Mayor Hopkins requested that the matter be set for another public hearing at the next regular meeting. The other Council members concurred. 2. Young America Homes expressing support for the projec-.. `3. Rancho Cotate Student Body President and Recording Secretary expressing support for the project. 4. Rancho Cotate High School Northern Area Advisory Committee expressing support for the project. Mr. Art Howard of Sonoma Campus Co. was recognized and state( that Young America Homes would benefit from the drainage improvements included in:the Snyder Lane project but were not being assessed. Bond Counsel Assaf responded advising that indirectly the entire community benefits but the Coun- cil must consider whether cr not property assessed for the improvements will be benefited and not necessarily benefited for its present use and its present owners. City Manager Callinan requested the Council members to in- Page -3- September 20, 1971 Expressway Westward County Planner Wes Vail reported that at a recent meeting of County Planning the Sonoma County Planning Commission the alignment of the Commission Expressway westward to Stoney Point Road as proposed by Engineer Hudis was approved. Project 1968-1a City Manager Callinan explained that as a part of Project Coddingland No. 1968-1a that the city had-obtained a well site from Green Mill Sign Roberts and Aguirre and the existing Green Mill sign was located on said well site and it was necessary that the sign be moved. Mr. Jules Fisher of the Green Mill and Mr. Chris Knudtsen, property owner, were present to discuss with the Council a new location for the sign and advised that a site just north of the existing location had been discussed with Roberts and Aguirre, property owners, which appeared to be agreeable to the concerned parties. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and approved by the following roll call vote, re- location of the existing Green Mill sign to a site just north of the present site of the sign was approved for a period of five years subject to approval of the landowner an(- the installation of underground electrical service: AYES: (3) Councilmen Roberts'. Rogers, and Hopkins NOES: (1) Councilman Smith ABSENT: (1) Councilman Buchanan Project No. 1971-2 City Manager Callinan reviewed proceedings to date on Pro- Snyder Lane ject No. 1971-2, Snyder Lane and advised that negotiations were still going on to try and sell the assessment bonds. Letters received from the following were read by City Manager Callinan: 1. Ben Oretsky, trust deed beneficiary, which expressed opposition to the assessment on Sonoma Campus Co. land for the project. 2. Young America Homes expressing support for the projec-.. `3. Rancho Cotate Student Body President and Recording Secretary expressing support for the project. 4. Rancho Cotate High School Northern Area Advisory Committee expressing support for the project. Mr. Art Howard of Sonoma Campus Co. was recognized and state( that Young America Homes would benefit from the drainage improvements included in:the Snyder Lane project but were not being assessed. Bond Counsel Assaf responded advising that indirectly the entire community benefits but the Coun- cil must consider whether cr not property assessed for the improvements will be benefited and not necessarily benefited for its present use and its present owners. City Manager Callinan requested the Council members to in- Page -4- September 20, 1971 .dicate whether or not they intend to go -ahead with the pro- .ject. Councilman. Smith indicated he felt the entire road from the Expressway to East Cotati Avenue should be constructed and that the city should contribute to its cost. City.Manager Callinan reminded the Council that the city was already committed for $50,000 to build the bridge at .Copeland Creek and is also obligated to build two additional lanes of Snyder Lane at some future time. Councilman Roberts indicated he,felt the project should be abandoned. Councilman Rogers indicated his willingness to proceed with the project. . Mayor Hopkins indicated he was undecided. Discussion followed after which It was decided to keep the matter under advisement to the ,next regular meeting. Project No. 1970 -5 City Manager Callinan reported that Project No. 1970 -5, Country Club Blvd. Country Club Blvd. was completed and that the Final Progress Payment in the amount of $4,459.49 to Argonaut Constructors was in order. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the Final Progress Payment to Argonaut Constructors for Project No. 1970 -5 in the amount of $4,459.49 was approved. Resolution No. 71 -111 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE OF COMPLETION (Country Club Boule- vard Improvement Project No. 1970 -5) City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -111 was waived and said resolution was adopted. Project No. 1970 -1 Bond Counsel assaf and City Manager Callinan explained Pro - Giffin Mobile.Home ject No. 1970- 1,.advised that.1911 Act bonds would be used Park and that a public call for bids on the bonds would be made since there was a $1,000,000 mobile home park under con- struction on the;area to be assessed and a very favorable bond bid should be obtainable. Resolution No. 71 --112 A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR ACQUISI- TIONS UI_ITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE (Giffin.Mobile Home Park Assessment Dist- rict Project No. 1970 -1) Page -5- September 20, 1971 Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimoudy approved, the reading of Resolution No. 71 -112 was waived and said resolution was adopted. Resolution No. 71 -113 A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS OF IMPROVE - MENTS (Giffin Mobile Home Park Assessment District Project No. 1970 -1) Bond Counsel Assaf summarized the resolution. Upon-motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -113 was waived and said resolution was adopted. Resolution No. 71 -114 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT (Giffin Mobile Home Park Assessment District Project No. 1970 -1) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -114 was waived and said resolution was adopted. Resolution No. 71 -115 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS, AND DIRECTING NOTICE (Giffin Mobile Home Park Assessment District Project No. 1970 -1) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and.,unanimously approved,.t:he reading of Resolution No. 71 -115 was waived and said resolution was adopted. Resolution No. 71 -116 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT (Giffin Mobile Home Park Assessment District Project No. 1970 -1) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71116 was waived and said resolution was adopted. Resolution No. 71 -117 A`RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS (Giffin Mobile Home Park Assessment District Project No. 1970 -1) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -117 was waived and said resolution was adopted. Page -6- September 20, 1971 Project No. 1971 -3 City Manager .Callinan reported on the improvement plans for Snyder Lane Water Project No. 1971 -3, Snyder Lane Water Main Extension pre - Main-Extension pared by Engineer Hudis. A brief discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts and unanimously approved, the improvement plans for Project No. 1971 -3, Snyder Lane Water'Main Extension, were approved. City Manager Callinan advised that Mr. Giffin desired to install the water main and have the city acquire it from him. An alternative to this would be for the city to call for public bids on the work and do the work. The Council indicated that bids should be received for the work. Well No. 4 -- Sharing City Manager Callinan reviewed the installation of a new Cost of Pump with pump at Well No. 4 and Engineer Hudis' getter request Engineer Hudis dated September 8, 1971 for the city to share the cost of said pump. A brief discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and approved by the following roll call vote, splitting the cost of the new pump at Well No. 4 between the city and Engineer Hudis was approved: AXES: (4) Councilmen Roberts, Rogers, Smith and Hopkins NOES: (0) None ABSENT: (1) Councilman Buchanan Recess Mayor Hopkins declared a recess at this point in the meet- ing, the time being approximately 8:50 p.m. Reconvene Mayor Hopkins reconvened the meeting at approximately 8:55 p.m. New City Office Architect Lawrence Simons gave a slide presentation with Building pictures of a model of the proposed new city office build - ing and floor plans for 'same.' The model was also on dis- play. Mr. Simons gave a construction cost estimate of $138,000 exclusive of land and fixtures. Mr. Maurice Fredericks, Cotati School Board member, was present and` - reported that the school board had indicated its approval of the building design and plans and had made the architect aware of the tight financial situation of the school district. City Manager Callinan explained various ways to proceed with financing and construction' and solicited comments from the Council. Discussion followed during which the Council indicated a preference for city ownership of the proposed building and general approval of the design but felt the public should be completely-informed before proceeding ` �urtnc:r Page -7- September 20, 1971 Upon motion of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the agreement with Mr. Simons for architectural services was approved and staff directed to set a public hearing for the purpose of solicit- ing comments from the public on the proposed new building. Underground Utility Ralph Fitch, P.G. & E., appeared and reported that all District No. 1 engineering on Underground Utility District No. 1 project was complete, that most of the materials should be in by next month and that construction time was estimated to be 30 days. Resolution No. 71 --118 APPROVING AGREEMENT WITH CLARENCE E. BARNHART City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved the reading of Resolution No. 71 -118 was waived and said resolution adopted. Resolution No. 71 -119 RESOLUTION ACCEPTING PROPERTY FOR SNYDER LANE WIDENING AND FUTURE WATER WELL SITE (from Ralph T. Casebolt, Inc) City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -119 was waived and said resolution was adopted. Stop Signs City'Manager Callinan requested that action on the resolu- tion listed on the meeting agenda regarding stop signs be deferred until the next meeting. The Counsil consented. Resolution No. 71 -120 RESOLUTION AUTHORIZING AND APPROVING MODIFICATION OF AGREE- MENT BETWEEN CITY OF ROHNERT PARK AND COUNTY OF SONOMA CONCERNING FREEWAY AGREEMENT AND ROHNERT PARK EXPRESSWAY INTERCHANGE City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -120 was waived and said resolution was adopted. Resolution No. 71 -121 A RESOLUTION APPROVING AGREEMENT WITH STATE OF CALIFORNIA (Benecia Park Swimming Pool) City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -121 was waived and said resolution was adopted. Resolution No. 71- -122 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CER- TAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 351 (Project 1966 -2). Page -8- September 20, 1971 City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71-122 was waived and said resolution was adopted. Resolution No. 71-123 APPROVING ROHNERT PARK POLICE RESERVE OFFICERS ASSOCIATION BY-LAWS City Manager Callinan summarized the resolution. Waste Water Treatment City Manager Callinan brought to the attention of the Coun- Plant Dedication Upon motion of Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of Resolution Cultural Arts No. 71-123 was waived and said resolution was adopted. 1970-71 Auditor's City Manager Callinan brought to the attention of the Council Report the external audit reports prepared by Touche Ross & Co. for thejear ended June 30, 1971 and distributed at the last regular Council meeting. A brief discussion followed. Telephone Doundaries= Upon motion of Councilman Smith, seconded by Councilman P.U.C. Response Rogers, and unanimously approved, the external auditor's reports prepared by Touche-"Ross and Co. for the year ended June 30, 1971 for the City of Rohnert Park and the Rohnert Park Civic Commission were approved and accepted. Herrington Shopping City Manager Callinan brought to the attention of the Coun- Center cil the lack of a licensed contractor at the Herrington Shopping Center site and that the problem was being worked out with the owner who had believed he could have the work done without a licensed contractor. City Attorney Maxwell had advised that the only time an owner can build is if the employees are actually on the owner's payroll. The owner had assured Building Inspector Barnhart that ,a licensed contractor would be arranged for. College Use of Golf City Manager Callinan reported that an agreement was being Course worked out for use of the city's golf course by Sonoma State College and anticipated it would be presented for approval at the next regular Council meeting. Waste Water Treatment City Manager Callinan brought to the attention of the Coun- Plant Dedication cil the dedication ceremonies for the Waste Water Treatment Plant to be held on September 23, 1971. Cultural Arts City Manager. Callinan advised the Council that the Cultural Corporation Arts Corporation had officially become a corporation as of August 25 and that the matter had been referred to Armando Flores, Chairman of the Cultural Arts Commission, to arrange for an organizational meeting of the corporation. Telephone Doundaries= City Manager Callinan reported that a response to the City P.U.C. Response inquiry of several months ago had been received from the Public Utilities Commission which advised that the telephone exchange boundaries in Rohnert Park would not be changed but that the city could file a formal complaint in the matter. Page -9- September 20, 1971 The matter was referred to Deputy City Attorney Mawson for review and recommendation. Planning Mr. Lou Beary, 810 Bernice Avenue, was recognized and sug- Commission gested that the Council follow the recommendations of the Citizens For a Planned Community and re- establish a planning commission. City Manager Calli nan advised that no formal request had been received from the group but that repre- sentatives had indicated a request would be submitted for consideration by the Council, probably at the next regular meeting. Development Policy Mr. Lou Beary suggested that a policy be adopted whereby developers would be required to justify planning requests in relation to community benefit and not just the developers benefit. Deer Meadow Village Mr. Lou Beary questioned the status of the Western Hosts File No. 143 Development. City Manager Callinan reported that latest information he had informally received was that the lender for the project is attempting to find someone to take over the project since the owner of Western Hosts has filed for bankruptcy. Sonoma State College Mr. Lou Beary extended an invitation to a wine tasting Alumni Association party at the Windsor Winery being sponsored by the Sonoma State College Alumni Association with proceeds to be used for the beneift of the botanical gardens at Sonoma State. Adjournment There being no further business, the meeting was adjourned at 10:00 p.m. C__ L Dep ty Ci Cler APPROVED: a M`a or