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1971/11/15 City Council MinutesCall to Order Roll Call Executive Session ROHNERT PARK CITY COUNCIL MINUTES November,15, 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 Man - ager Callinan, Deputy City, Attorney Mawson and all Council - men were present and which was held to discuss appointments to the City Planning Commission, Cultural Arts Commission, and the position of Golf Professional Mayor Hopkins called the meeting of the regular session to order at approximately 7:15 p.m. and led the pledge of allegiance. Present: (5) Councilmen Buchanan, Roberts, Rogers, Smith...- and Hopkins Absent (0) None Staff Present for all or part of the meeting: City Manager Callinan, Deputy City,Attorney Mawson, Assistant to the City Manager Albright, and County Planner Wes Vail. Mayor Hopkins announced that an executive session had been held prior to the regular meeting to discuss appointments to commissions and other personnel.matters. Approval of Bills Upon motion of Councilman Rogers, seconded by Councilman Buchanan and unanimously approved, the bills presented per the attached list in'the amount of $31,375.92 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. Officer Shields The memo from 'Chief Dennett commending Officer Jack Shields Commendation was read. Project No. 1956 -1 Mayor Hopkins declared the scheduled public hearing open on Project No. 1956 -1, Amended Assessment No. 8.2472.6.4.2 City Manager Callinan reported that notice of the public hearing had been published in The Clarion, explained the amendment, and advised that no written communications had been received. There being no one wishing to be heard, Mayor Hopkins declared the public hearing closed. Resolution No. A RESOLUTION CONFIRMING AMENDED ASSESSMENT (Project No. 71 -147 1956 -1, Assessment No. 8.2472.6.4.2) City Manager Callinan summarized the resolution. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, the reading of Resolu- tion No. 71 -147 was waived and said resolution was adopted. Page -2- November 15, 1971 Project No. 1968 -1a, City Manager Callinan reported that this project included Coddingland Unit 2 installation of sewer and water improvements in the area west of the freeway, that a good reading had been obtained on -the pilot hole for the well, that the sewer main is all installed, that the well would probably be in service with - in 60-days, and' °that Progress Payment No. 2 to Argonaut Constructors in the amount of $49,124.28 was in order. Upon motion of Councilman Roberts, seconded by Councilman Rogers, and unanimously approved, Progress Payment No. 2 in the amount of $49,124.28 to Argonaut Constructors was approved. File No. 0200 City Manager Callihan reviewed action to date on the rezon- H. Hilliard 6 E.A. ing application `of'H. Hilliard and E.A. ZaChappelle for zon- ZaChappelle Zoning ing of approximately 16 acres at the northeast corner of Application Commerce Boulevard and Rohnert Park Expressway intersectio n and explained the access map for the area prepared by the Sonoma County Public Works Department which was displayed. He suggested that Ordinance No. 157 which was introduced on October 18, 1971 and which only zoned a small portion of the area not be adopted, but that rather a new ordinance be in- troduced to place 94C -�R" District Zoning on the entire area of the application. A brief discussion followed. Ordinance No. 159 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map Change - AP 143- 050 =14) City Manager Callinan summarized the ordinance. Upon 'motion of Councilman Rogers,' seconded by Councilman Buchanan, and approved by the following roll call vote, the reading of Ordinance No. 159 was waived and said ordin- ance was introduced: AYES: (4) Councilmen Buchanan, Roberts, Rogers, and Hopkins NOES.: (1) Councilman Smith It was noted that the foregoing ordinance had been introduced as Ordinance No. 158 in error. Upon motion of Councilman Roberts., seconded by Councilman Rogers, and approved with Councilman Smith abstaining, the number was corrected to 159. Ordinance No. 158 AN ORDINANCE AMENDING THE.ZONING ORDINANCE OF THE CITY OF ROHNERT PARK (Minimum size, width and side yard requirements in certain,one- family residential districts) City. :Manager Callinan summarized the ordinance and reiter - ated,staff °s opposition to a reduction in the minimum lot size. Councilman Buchanan made a motion, seconded by Councilman Rogers, to adopt Ordinance No. 158. Page -3- November 15, 1971' Councilman Smith stated for the record that he was opposed to this change because (1) in this particular instance the density is being increased 10% which creates an unwarranted privilege to the owners of this type land and it is such a substantial change from. -the General Plan that it should re- quire a formal amendment to the General plan which would involve public participation. If 6,500 square foot lots are no longer desirable then the General Plan should be changed; (2) There may be a need for additional open space for schoolE and public facilities sites and this change will make it more difficult to negotiate with developers for public facilities which should be provided in exchange for increased density. He questioned if an amendment to the General Plan was neces- sary for this change. Deputy City Attorney Mawson responded that a general plan is a general guideline and the zoning ordinance covers specific requirements,_such as lot size, and an amendment to the General Plan was not required to change the minimum lot size Councilman Smith read a portion of page 23 from the Rohnert Park General Plan and asked what type of change in the zon- ing ordinance would 'warrant an amendment to the general plan. County Planner Vail responded that if the zoning ordinance were changed which would create a situation where the streets were not wide enough to carry the traffic, there were not enough schools and /or open space, then the general plan shoul be amended. Discussion followed. Ordinance No. 158 was adopted by the following roll call vote: AYES: (4) Councilman Buchanan, Roberts, Rogers, and Hopkins NOES: (1) Council man Smith Councilman Smith stated for the record that he voted no for the reasons stated previously and that in his opinion the ordinance was in conflict with the General Plan. Ordinance No. 160 AN ORDINANCE AMENDING ORDINANCE NO. 81, BEING THE SUBDIVI- SION ORDINANCE OF THE CITY OF ROHNERT PARK SO AS TO AMEND -TEXT CONCERNING MINIMUM WIDTH AT BUILDING SET BACK LINE. 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. 160 was waived and said ordinance was introduced: AYES: (4) Councilmen Buchanan, Roberts, Rogers, and Hopkins NOES (1) Councilman Smith County Planner Vail verbally reported on the convenience market advising that he could recommend approval only if it were primarily for residents of the mobile home park and not the general public and therefore would have to recommend that there be no driveway on Snyder Lane and that the market be oriented toward the mobile home park. Discussion followed concerning the possible desirability of having the convenience market open to the public since the area was some distance from existing shopping facilities. Mr. Giffin commented that he did not believe the mobile home park.residents would be able to support the store alone. Further discussion followed. Councilman Smith made a motion, seconded by Councilman Roberts, to riot permit the proposed convenience market. Discussion followed. The Council indicated it would approve the convenience market if access only from within the mobile home park were allowed and directed Mr. Giffin to resubmit plans for same File 0209 C ounty Planner Vail displayed plans for and reported ver- Fostmeier Construc- Bally on the application of Fostmeier Construction to build tion Warehouse and an'office and warehouse facility on Commerce Boulevard advis- Offices ing that he thought that the latest plan submitted was a good plan.but;.would require a variance to allow for only a 10 foot setback from the rear lot line. He stated that he felt that the 10 feet was needed more in front so the build- ing would be more in line with the Young America Homes office building located adjacent to -the proposed site. Vernon Avila, Page -4- November 15, 1971 File No. 0204 Councilman Rogers stated for the record that he did not sell Country Manor Sub - the subject land to Mr. Condiotti and, as of this date, had division Tentative not sold Mr. Condiotti any property and had no contract with 'Map him to do so and, therefore, with Deputy City Attorney Maw- sonts verbal opinion that he could, would participate in dis- cussion and voting on the Country Manor Subdivision. City Manager Callinan displayed and explained the tentative map for Country Manor Subdivision filed by Art Condiotti for area south of E. Cotati.Avenue. The Council requested the matter be deferred to later in the meeting to allow time to read the planning staff report on the matter. File No. 0119- Giffin. Councilman Rogers stated for the record that he owned two Mobile Home Park -Con - acres in the county across from the Giffin Mobile Home Park venience Market and requested an opinion as to whether or not he should participate in discussion concerning the convenience market proposed for construction in the Giffin Mobile Home Park. Deputy City Attorney Mawson advised the determining factor was whether or not the convenience market would affect the use of Councilman Rogers' land. Councilman Rogers felt that the convenience market would not affect the use of his land and decided to participate in the discussion and voting. County Planner Vail verbally reported on the convenience market advising that he could recommend approval only if it were primarily for residents of the mobile home park and not the general public and therefore would have to recommend that there be no driveway on Snyder Lane and that the market be oriented toward the mobile home park. Discussion followed concerning the possible desirability of having the convenience market open to the public since the area was some distance from existing shopping facilities. Mr. Giffin commented that he did not believe the mobile home park.residents would be able to support the store alone. Further discussion followed. Councilman Smith made a motion, seconded by Councilman Roberts, to riot permit the proposed convenience market. Discussion followed. The Council indicated it would approve the convenience market if access only from within the mobile home park were allowed and directed Mr. Giffin to resubmit plans for same File 0209 C ounty Planner Vail displayed plans for and reported ver- Fostmeier Construc- Bally on the application of Fostmeier Construction to build tion Warehouse and an'office and warehouse facility on Commerce Boulevard advis- Offices ing that he thought that the latest plan submitted was a good plan.but;.would require a variance to allow for only a 10 foot setback from the rear lot line. He stated that he felt that the 10 feet was needed more in front so the build- ing would be more in line with the Young America Homes office building located adjacent to -the proposed site. Vernon Avila, Page -5- November 15, 1971 the designer, was present and commented on the plans. Upon motion of Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, architectural and site plan approval for the Fostmeier Construction Company ware - house facility on Commerce Boulevard was approved. File No. 0210 County Planner Vail explained the displayed site plan and Parkway Marine elevation submitted by Parkway Marine for a marine, bicycles, and campers sales and service facility adjacent to' the free- way immediately south of "Hinebaugh Creek and read the pre - pared staff report which recommended, among other things, that the building be redesigned. Mr. John Lewis of Todd Construction, speaking for the appli- cant, commented that he had worked on the design for -the building and would confer with planning staff on upgrading the architectural design of the building. Discussion follow- ed after which it was decided that the planning staff would meet with the applicant and designer and work out an agree - able exterior for the building. File Noe 0006 County Planner Wes Vail verbally reported that plans submitted Finisy Apt. Complex and displayed for'the third and final phase of the Apartment (Casa Colinas) complex designed by Architect Finisy (Casa Colinas) on Boris Court complied with requirements for parking space and open space. A brief discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, architectural and site plan approval were givenflor the third and final phase (Casa Colinas) of the " Finisy" Apartment complex on Boris Court. City Manager Callinan brought to the attention of the Council a letter from William Kapranos which expressed concern over the subject apartment complex being affected by a proposed change in multi- family density. Mr. Callinan solicited and received Council concurrence that any change in density re- quirements would not affect the 4°Finisy" Apartment complex on Boris Court. File No. 0171 City Manager Callinan advised that architectural review and Redwood Investments site plan approval for Redwood Investments Apartment complex Apartment Complex on the southwest corner of Commerce Boulevard and Avram Ave - nue had been put on the agenda in his absence but that a use permit application was necessary for the same since the location was zoned P -A. He requested and received permission to have.the use permit application on the next agenda ex- plaining that the previous use germit had been denied and the required one year period had not expired, but only a period of approximately lb months. The Council indicated that a new use permit application would be acceptable. Recess Mayor Hopkins declared a recess,at this point in the meeting, the time being approximately 8:45 p.m. a. 9: o °¢ a: a °t •': ;t a: ae a> „ d: a's a: a °e Page -6- November 15, 1971 Reconvene Mayor Hopkins reconvened the meeting at approximately 8:50 .P.M. City Manager Callinan requested, on behalf of Dr. Foehr, that the Redwood Investments use permit application be on the November 29 adjourned meeting agenda. The Council in- dicated no objections. File No. 0204 City Manager Callinan reviewed the conditions for Country Country Manor Manor Subdivision prepared by staff dated November 15, 1971 Subdivision and recommended approval of the tentative map subject to said conditions. Mr. Condiotti was present and indicated that all the condi- tions were agreeable except No. 12 concerning multi - family units being limited to single story construction. Discus - sion followed. Councilman Smith read.a statement concerning schools and the possibility of requiring developers to provide school space when needed. He also read a proposed policy resolution con- cerning same and made a motion to adopt said policy resolu- tion which died for lack of a second. (A copy of Councilman Smith's statement and proposed resolution are attached to the original copy of the minutes). Discussion followed. Mr. Maurice Fredericks, Cotati School Board Trustee, was present and commented that he believed Councilman Smith's remarks were in order and merited consideration. He further commented that attendance is a little higher this year and classroom space is becoming a concern for future needs. Discussion followed. Deputy City Attorney Mawsan reminded the Council that Ordin- ance.No. 158 would not become effective for 30 days, there - fore the tentative map did not comply with existing ordin- ances. A brief discussion followed. Condition No. 13 was added to the prepared list of conditions for the Country Manor Subdivision tentative map which provid- ed for approval of the tentative map subject to effective - ness of Ordinance Nos. 158 and 160. Upon motion of Councilman Buchanan, seconded by Councilman Rogers, and approved by the following roll call vote, the tentative map for Country Manor Subdivision was approved subject to the conditions recommended by staff dated Novem- ber 15, 1971 with No. 12 revised to permit two story multi- family units if they are at least 25 feet from single family lots, and.No. 13 mentioned above. AYES: (4) Coun&man Buchanan, Roberts, Rogers, and Hopkins NOES: (1) Councilman Smith Mr.. Dick Day commented that approximately 500 -600 children Page -7- November 15, 1971 would probably be in the new subdivision and he felt the proposed idea that developers pay,for public facilities rather than the existing taxpayers was a good one. Discus- sion followed. Holiday Park County Planner Vail advised the Council that he had reviewed Multi- Family `Plans the plans for the multi- family units in Holiday Park and that they were in conformity with all requirements. The Council indicated it felt no need for architectural review. Councilman Smith asked Harold Heers of Forhim Corporation why some of his firm's model homes had shake roofs and the production models did not. Mr. Heers explained that some models were shown with all the extras which could be pur- chased. Annexation No. 7 City Manager Callinan read letters.from various organizations•. concerning Annexation No. 7 as follows: 1. Rohnert Park Cultural Arts Commission dated Novem- ber 8, 1971, 2. Rohnert Park Chamber of Commerce dated November 8, 1971 3. Rohnert.Park Garden Club dated November 12, 1971: 4. Rohnert Park Homeowners Association dated November 15, 1971. He reviewed previous discussions with representatives of Land Investors Research and the Council decision to require land for a park as part of the.annexation' agreement. County Planner Vail' read the planning staff report prepared by Mel 'Pedersen dated November 15, 1971. Mr. William White of Land Investors Research appeared and reviewed negotiations with the city for annexation, read portions of correspondence between the city and Land Inves- tors Research and referred to the plan displayed entitled 49Sonoma State College and.College Annexation". Discussion followed. Executive Dean Wes Burford of Sonoma State College was recognized and commented he felt it was time to begin develop: ment on the north side of the college campus since it was estimated there would be an increase of 750 students per year if the legislature provides funds. He indicated he supported the presentation of Land Investors Reaearch as did President'Thomas McGrath as expressed in his letter of October 26, 1971. Mr. Cordon Pusser.President of Land Investors Research was recognized. He pointed out his firm is only asking for annexation at this time, not subdivision approval. He also Page -8- November 15, 1971 commented that his firm represented the Anderson family who had been in the area for over IQ years, as well as other property owners and the .college. Discussion followed con - cerning the request for a park as a prerequisite to annex- ation. Mr. Mary Dillon, employee at Sonoma State College and Rohnert Park resident, commented that he hoped the Council would con - sider the annexation positively. Discussion followed con - cerning proposed density and open space. Councilman Smith made a motion to favorably consider this annexation proposal which died for lack of a second. A brief discussion followed. Planning Commission City Manager Callinan reported that an executive session would be held at 6 :30 .p.m., November 29, prior to the sche- duled continued public hearing on that date for the purpose of interviewing those who have expressed an interest in serv- ing on the Planning Commission. He noted that the public would not be allowed to question the candidates but will be allowed to submit written questions for candidates to answer. Additional persons interested in serving were requested to make their intentions known. Recycling Center Councilman Robertsreported that Ken Bell of the Rohnert Park Post Office had complained to him of several flat tires on post Office vehicles being caused by broken glass at the re- cycling center on Collegeview Drive. Mr. Dick Day was recog- nized and advised that the recycling center was largely a volunteer project and efforts were being made to correct the situation. ABAG - Airport Mayor Hopkins brought to the attention of the Council recent Planning meetings concerning regional airport planning and invited those wishing to do so to convey their opinions on the matter to Mayor Putnam of Petaluma who is our representative to ABAG. Annexation No. 7 Dr. William Cord asked if Annexation #7 discussion could be continued to another time so he could speak and possibly others who might like to be heard since he had been overlook - ed in the discussion of the mater. Mayor Hopkins apologized for the oversight. The Council did not reschedule the matter since Land Ines- tors Research representatives indicated they would be re- questing agenda time in the near future. Golf Pro's Resigna - City Manager Callinan reported that Golf Professional Bob tion Porter had submitted his resignation to be effective Janu- ary 31, 1972 and solicited guidance in the procedure desired to replace him. Councilmen Roberts and Buchanan were appoint ed to serve on a committee.with City Manager Callinan to interview candidates..for the position of Golf Pro. Page -9- November 15, 1971 Resolution No. 71 -148 A RESOLUTION EXTENDING CONGRATULATIONS TO THE 1971 RANCHO COTATE HIGH SCHOOL FOOTBALL TEAM City Manager Callinan summarized the resolution. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, Resolution No. 71 -148 was adopted. Rancho Cotate Foot- Councilman Rogers made a motion for the city to purchase ball Team Awards small gold footballs at a cost of $5 each for the champion- ship football teams composed of approximately 80 boys which was seconded by Councilman Roberts. A brief discussion followed concerning whether or not it was proper for the city to purchase the footballs. Counckman Roberts withdrew his second. It was pointed out that this was similar to buy- ing trophies for CYO Basketball, Babe Ruth baseball, etc. whereupon Deputy City Attorney Mawson.,opinioned that it should pose no problem. Mayor Hopkins .then ,seconded ,Council- man Roger's motion which was approved by the following roll call vote: AYES: (5) Councilmen Buchanan, Roberts, Rogers, Smith and Hopkins NOES: (0) None Councilman Smith stated his vote was subject to concurrence by the Recreation Commission. City Manager Callinan requested and received Council per- mission to informally poll the Recreation Commission members the next day. Water Bills Councilman Smith initiated a discussion concerning the water billing and the wisdom of reminder notices. City Manager Callinan advised he would check on the percentage of those who pay on the first billing. Planning Commission Deputy City Attorney Mawson advised the Council he was com- piling information on various planning commission regula- tions and procedures, appointments to commissions and the commissioners duties and would have it available to the Council in the near future. Variance procedure Deputy City Attorney Mawson advised that his office had re- ceived a request from Councilman Smith to clarify variance procedures and a request to correlate those procedures with opinions given by his office on after the fact matters and that he had answered in the form of a letter with copies furnished to each Councilman. New Legislation Deputy City Attorney Mawson advised that recent legislation had been enacted which would prohibit employment of public employees in certain positions as well as elected officials and commissioners and would make that information available when it is received. Page -10- November 15, 1971 Public 'Appearance Mr. Karl Clark, candidate for Cotati School Board, announced Candidate's Night would be held Tuesday, November 16,at the Cotati School. Mr. Clark also commented that he was upset at the reaction of the Council on the Annexation No. 7 proposal. Adjournment There being no further business, the meeting was adjourned at 10°45 p.m. to Monday, November 29, 1971 at 0:30 p.m. Doty City APPROVED: