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1971/12/06 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES December 6, 1971 , The Council of the City of Rohnert Park met this date in regular session commencing at 7:12 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, City Attorney Maxwell and all Councilmen except Councilman Buchanan were present, and which was held to discuss appointments to commissions.,and the City Council and personnel matters. Call to Order mayor Hopkins called the meeting of the regu- lar session to order at approximately 7:12 p.m. and led the pledge of allegiance. Roll'Call Present: (3) Councilmen Roberts, Smith, and Hopkins Absent: (2) Councilmen Buchanan and Rogers Staff Present for all or part of theAneeting: City Manager Callinan, City Attorney Maxwell. County Planner Wes Vail, and Assistant to the City Manager Albright Executive Session Mayor Hopkins announced that an executive session had been held prior to the regular meeting to discuss appointments to commissions and the City Council and other personnel matters. Resignation of Upon motion of Councilman Roberts; seconded Councilman Rogers by Councilman Smith, and unanimously approved, the resignation of Jimmie W. Rogers from the City Council was accepted. Appointment of .Upon motion of Councilman Smith, seconded by Councilman Flores Councilman Roberts, and approved by the following roll..call vote, Armando Flores was appointed to complete the term of Councilman Rogers which expires April, 1974: AYES: (3) Councilmen Roberts, Smith, and Hopkins NOES:, ( 0 ) ' None ABSENT: (1) Councilman Buchanan Deputy City Clerk Kathryn Logue administered the Oath of,Office to Armando F. Flores. Page. 2. December 6, 1971 Recess Mayor Hopkins declared a recess at this point in the meeting, the time being approxi- mately `7 .15:, p.m. -Reconvene Mayor Hopkins reconvened the meeting at approximately 7:20 p.m. with Councilmen Flores', Roberts, Smith, and Hopkins present. Councilman`Flores Councilman'tFlores noted that he was still Resignation as Chairman of'.the Cultural Arts Commission and Chairman of Cultural asked if he ,should resign said position. Arts Commi- ss'ion 11 1 City'Attorney'Maxwell responded that it would Approval of Minutes be proper for him to resign. Councilman Flores then verbally tendered his resignation from the Cultural Arts Commission due to``his appointment' .as a 'Councilman. Upon motion of Councilman Roberts,,.seconded by Councilman''Smith, and unanimously approved, the resignation of Armando Flores from the Cultural Arts Commission was accepted. Upon motion of Councilman Roberts, seconded by Councilman Smith, and approved with Councilman Flores abstaining, the minutes of October 21,'November 1, 15, and 23 were approved. Approval.-of Bills Upon motion of Councilman Roberts, seconded by``Councilman Smith, and unanimously approved, the bills in the amount of $21,081.00 per the attached list were approved. Year -round School Councilman Smith initiated a.discussion..,con- Study Committee cerning the appointment of.a.Rohnert:Park representative to the year -round school study committee of the Petaluma School District., City Manager Callinan responded that the request for an appointment had, been directed to him rather than the City Council and MP* Donald T. Snider had been appointed upon the recommendation of Councilman Roberts who was past president of the Rohnert Park "Junior'High School PTA. Resolution. o�. 71 -150 .A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS (Giffin Mobile. Home Park Assessment District Project No 1970 -1) City Manager'Callinan explained the resolu- tion.. Upon motion :of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, Upon motion'of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the reading of Resolution No. 71-152 was waived and said resolution was adopted. Resolution No. 71 -153 A RESOLUTION DECLARING INTENTION TO DIVIDE ASSESSMENT PARCEL NOS. 5, 6, 8, and 9 AND AUTHORIZING FILING OF AMENDED ASSESSMENT DIAGRAM (Snyder Lane Improvement Project No. 1971 -2) Resolution No. 71 -w154 City Manager Callinan summarized the resolu- tion. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No.-71_153 was - waived and said resolution was adopted. A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMEN'T'S UNDER RESOLUTION OF INTENTION NO. 120 (Project No. 1961 -1. Assessment No. 5.3-5 -6.1) Ci-�y Manager Callinan summarized the resolu- tion, . Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, Page 3. December 6, 1971 the .reading of Resolution No 71 -150 was waived and said resolution was adopted. Project,No. 19.71 -2 City.Manager Callinan reviewed action to date Snyder ;Lane on .Project No . 19.71- 2 , Snyder Lane'> Resolution No. 71-151 A RESOLUTION OF AWARD OF CONTRACT (Snyder Lane'ImprovemenIt Project No. 1971.2) City.Manager Callinan summarized the resolu tioon> Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No. 71 -151 was waived and said resolution was adopted. Councilman Smith stated for the record that ., he, had opposed this project in the past, but in -a spirit of compromise would second the above motion. Resolution No. 71 -152 A RESOLUTION ORDERING REDUCTION OF ASSESSMENT NOS. 4, 11`and 12 (Snyder Lane Improvement Project No. 19712) City Manager Callinan summarized the resolu- tion. Upon motion'of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the reading of Resolution No. 71-152 was waived and said resolution was adopted. Resolution No. 71 -153 A RESOLUTION DECLARING INTENTION TO DIVIDE ASSESSMENT PARCEL NOS. 5, 6, 8, and 9 AND AUTHORIZING FILING OF AMENDED ASSESSMENT DIAGRAM (Snyder Lane Improvement Project No. 1971 -2) Resolution No. 71 -w154 City Manager Callinan summarized the resolu- tion. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the reading of Resolution No.-71_153 was - waived and said resolution was adopted. A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMEN'T'S UNDER RESOLUTION OF INTENTION NO. 120 (Project No. 1961 -1. Assessment No. 5.3-5 -6.1) Ci-�y Manager Callinan summarized the resolu- tion, . Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, Page 4., December &; 1971 the reading of Resolution No. 71-154 was waived and said resolution was adopted. AN ORDINANCE AMENDIAG ORDINANCE NO. 63 (Zoning Map Change - AP 143a- 050 -14) ..City Manager Callinan summarized the ordinance. Upon motion of Councilman Roberts, seconded by'Couneilman Hopkins and approved by the following roll call vote, the reading of Ordinance No. 159 was waived and said ordi- nance was adopted: AYES: (3) 'Councilmen Flores, Roberts, and Hopkins NOES: (I) Councilman Smith ABSENT: (1) Councilman Buchanan Councilman Smith reiterated, for the record, his opposition to this rezoning as follows: 1. Just prior to this the Council approved a shopping center across the Expressway from this one and has not seen a marketing survey that the area could support two major shopping centers. 2. He believes it in the best interest of the community to have one strong shopping center. 3. No access problems have been resolved. In view of the foregoing he stated he would have to vote no as in the past. City Manager Callinan reviewed the developer's indicated timetable for construction and ex- plained that the access problems had been worked out. Ordinance No. 160. AN ORDINANCE AMENDING ORDINANCE NO. 81, BEING THE SUBDIVISION ORDINANCE OF THE CITY OF ROH'NERT PARK SO AS TO AMEND TEXT CONCERNING MINIMUM WIDTH AT BUILDING SET BACK LINE City Manager,..Cal.linan summarized the ordi -- nance. Councilman Roberts made a motion, seconded by Councilman Flores, to waive the reading of Ordinance No. 160. and adopt same. Rohnert Park Expressway Access Plan . Page 5. December 6, 1971 Councilman Smith stated for the record that he would like to.reiterate his opposition on this,matter as in the past; that reducing these lots from 6,500 to 6,000 square feet has..provided the developer with 20 additional lots with no consideration in return, i.e. no: parks; that this concession to the devel- oper is being made with no solution for school.space being made; and it is an unwar- ranted grant of privilege to this developer. Discussion followed during which it was brought out that a park site and school site had been set aside for the development. Councilman Roberts' motion was approved by the following roll call vote: AYES: (3) Councilmen Flores, Roberts, and Hopkins NOES.: (1) Councilman Smith ABSENT: (1) Councilman Buchanan City Manager Callinan noted that the Rohnert Park Proposed Ultimate Development of the Expressway plan dated October 1971 as prepared by the Sonoma County Department of Public Works was displayed and that copies of same had been sent to Mr. Paul Golis of Cofego Enterprises and Auto Center Enterprises, Mr. Leonard Garrison of GenEx Development Corporation, Mr. Ii. C. Hilliard and Mr. E. A. LaChappelle, property owners in the area, and Mr. Ben Oretsky, trust deed holder of property in the area who had requested a copy of the plan. Mr. John Morelli of the Sonoma County Public Works Department explained the access plan advising that traffic projections prepared by the; Sonoma County Planning Department based upon the Rohnert Park General Plan had been used in, preparing the access plan. he also advised that copies of the access plan had been sent to the State Division of Highways which was generally approving of the plan but that there was some concern.about the proximi- ty of Commerce Boulevard to the freeway ,on -- ramps. Discussion followed. Mr, Leonard,Garrison of Garrison Pacific Properties and GenEx Development Corporation, was present and advised lie had discussed the access plan with Mr. Morelli and said plan was Page 6. December 6, 1971 agreeable "except that his firm would like to move the ingress from the Expressway into his - proposed development, 50 feet closer to Commerce Boulevard "which would make it approxi, mately 200 feet from the intersection of Rohnert Park Expressway and Commerce Boulevard Mr. Morelli believed there would be no prob- lem in having ingress 200 to 225 feet from the intersection. Upon motion of Councilman Roberts, seconded by Councilman Smith," and unanimously approved, the Proposed Ultimate Development of the Rohnert Park Expressway plan was approved as prepared with the change requested by Mr. Garrison and staff authorized to send it to the Sonoma County Board of Supervisors for approval, File No. 0204 -- Country City Manager Callinan reported that clarifi- Manor Subdivision cation was needed on Condition #12 of the Country Manor Subdivision Tentative Map and read the two different ways it had been understood by staff at the November 15th Council meeting. Upon motion of Councilman Roberts, seconded' by Councilman Smith, and unanimously approved Condition #12 for the Country Manor Subdi- vision Tentative Map was corrected to read: "Proposed multi- family use on Lot No. 270 shall be restricted to single story con- struction or two story buildings provided that they- are located at -such points oh' -the lot that occupants of second story dwelling units cannot view the rear yards of abutting single family residential lots.'' City Manager Callinan reported that Mr. Art Condiotti would like to construct models on Lancaster Drive for the Country Manor _Subdivision prior to recording of the final :map for the subdivision and wanted Council permission to do so. The Council indicated no objections to the construction of models as requested. File No. 0174 City Manager Callinan read the staff report Holiday Park concerning'Holiday Park Subdivision dated Subdivision December 3, 1'971 and recommended that an amendment to the subdivision agreement be made to provide as follows: "City "will provide water to Holiday Park Subdivision in anticipation of a well and Page 7. December 6, 1971 another connection to the aqueduct being constructed adjacent to the Railroad as anticipated in the Country Manor Subdivision. If a program for the new well and connection to the Petaluma Aqueduct is not initiated by February'28., 1972, then Forhim Corpora- tion agrees to assist the City in making a connection to.the East Cotati Avenue Aqueduct as indicated in the improvement .plans for Holiday Park Subdivision." 'Councilman Roberts made a motion to approve the recommended amendment to the Holiday Park Subdivision Agreement with the city which was seconded by.Councilman Flores!'. Councilman Smith stated for the record that he could not second the motion because he felt, and had previously stated for the record, that this. subdivision should have participated in the construction of another well because hooking up to Coyote water costs the city more than well produced water. Discussion followed. Councilman Roberts' motion-was approved -by the following roll call vote: AYES: (3) Councilmen Flores, Roberts, and Hopkins NOES: (1) Councilman Smith ABSENT. (1) Councilman Buchanan File No. 0186 Hartley Appl. for Variance to Enclose Garage City Manager Callinan reported that he had inspected the work at the Hartley residence, 7499 Burton Avenue, which had been done prior to the Hartley's knowledge that a variance was required to enclose their garage and that the construction left much to be desired. He further reported that there was no heat, no restrooms, and no windows for ventilation, and "does not know about the wiring since it is behind the walls. He advised that the Council was being alerted to this situation because the Hartleys had filed a use permit application for a Residential Care Home for the _Aged for up to four adults which would be scheduled for Council consideration at the December, 20th meeting. 'Mr.: Hartley was present and advised that the wiring,had been done by a licensed electrician :and: offered'to remove the paneling so the wiring could be viewed. He also commented Mayor Hopkins declared the public hearing open on".the use permit application of Mr. Louis Beary for a home occupation. There being no one desiring to be heard, Mayor..Hopkins declared the public hearing closed. City Manager Callinan advised that no written communications had been received. Upon motion. of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the application of Mr. Louis Beary for a dome occupation use permit was approved. File No. 0171 Redwood Investments City Manager Callinan read the staff report concerning the use permit application of 'Page 8. December 6, 1971 that the room was well insulated and acknowl- edged that windows did need to be installed and will do that. Responding to a question from the Council, City Attorney Maxwell•advised that action on the variance application could be delayed to the time of action on the use permit appli -- cation „for the Family Care Home. County Planner Wes Vail advised that the appearance of the construction, when finished, should conform to the single family residen- tial area. 'Discussion followed. Councilman Roberts Councilman Roberts left the Council Chambers Leaves and Returns during the above discussion, the time being approximately 8:2.0 p.m. He returned at approximately 8 :21 p.m. The Council indicated it would like notice of the variance included in the Notice for Public Hearing for the use permit application and the entire matter would be considered at the December 20th meeting. Councilman Smith Councilman Smith left the Council Chambers Leaves and Returns at this point in the meeting, the time being approximately 8:24 p.m. He returned at approximately 8:25 p.m. File No. 0208 County Planner Wes Vail read the staff report Home Occupation.- concerning Mr. Louis Beary °s use permit Use Permit application to operate an office in his residence, 810 Bernice Avenue, for his plast- ering contract business and recommended approval of same. Mayor Hopkins declared the public hearing open on".the use permit application of Mr. Louis Beary for a home occupation. There being no one desiring to be heard, Mayor..Hopkins declared the public hearing closed. City Manager Callinan advised that no written communications had been received. Upon motion. of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the application of Mr. Louis Beary for a dome occupation use permit was approved. File No. 0171 Redwood Investments City Manager Callinan read the staff report concerning the use permit application of File No. 0210 Parkway Marine Page 9. December 6, 1971 ..Redwood Investments and the necessary variance to consider the matter prior to one year having elapsed since Council denial of a use .permit for the same firm. In response to a question from Councilman Smith, City Attorney Maxwell read from the Zoning Ordinance the findings which should be made before granting the variance. Dis- cussion followed. Upon motion of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the necessary findings were made and the requested variance was granted on the basis that the Council had indicated at the last regular meeting that it would consider the application during the month of December. Designer Vern.Avila appeared to represent the applicant and explained the project. Planner Wes Vail indicated that the plan was satis� factory as was the latest elevation and proposed type of exterior construction sub- mitted. Mayor, Hopkins declared open the public hearing on the use permit application of Redwood Investments.for an apartment complex on Commerce Boulevard at the Avram Avenue intersection. There being.no one desiring to be heard and no written communications received, Mayor Hopkins declared the public hearing closed. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, the requested use permit was approved, sub- - ject to Conditions 1, 2, and 3.contained in the planning staff report dated December 3, 1971. County Planner. Wes Vail read the staff report dated December 3, 1971 concerning Parkway Marine which recommended rezoning as requested and site plan and architectural approval of drawings as submitted and dis played, subject to conditions. Designer.Vern Avila was present and explained the plan and displayed the exterior materials proposed for use. Mayor Hopki.ins declared the public hearing open:on the zoning application of Parkway Page 10. December 6, 1971 Mari.re of AP 143 - 050 -:21, being approximately four acres south of Hinebaugh Creek adjacent to the freeway right of way to General Services Commercial District. - There being no one desiring to be heard and no written communications received, Mayor Hopkins declared the public hearing closed. Ordinance No. 161 AN._ORDINANCE AMENDING ORDI14ANCE NO. 63 ( Zoning Map Change - AP 143-050-21) City Manager Callinan summarized the ordi nance. Upon motion of Councilman Smith, seconded by Councilman Roberts, and approved by the following roll call.vote, the reading of Ordinance No. 161 was waived and said ordi -. nance was introduced: File No. 0032 Texaco, Inc. Use Permit Appl. for Car Wash AYES: (4) Councilmen Flores, Roberts, Smith, and Hopkins NOES: (0) None ABSENT: (1) Councilman Buchanan Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, architectural and site plans submitted by Parkway Marine were approved subject to conditions `set forth in the staff report dated December 3, 1971 and the eventual adoption of'Ordinance No. 161. City Manager Callinan read the staff report concerning the use permit application of :Texaco, Inc' for a drive - through car wash operation at the .existing service station on Southwest Boulevard. Mayor Hopkins declared open the scheduled public hearing on the matter. .Mr. Jack S. Fink, Program Coordinator, was recognized and spoke in support of the appli- cation, stating that the car wash would use cold water and biodegradable detergents; that there would be no steam, no pumps, and no blowers. Mr. Pat Taylor, 488 Alta, was recognized and advised that he intended to install a tunnel type car wash on Commerce Boulevard in Cotati but was not opposed on that basis. Page 11. December 6, 1971 He also advised his firm would be building an 80 unit apartment house near the existing Texaco service station and was concerned about possible noise from the proposed car wash. Mr. Jerry Gere of Robert Lee 8 Associates, was recognized and commented that the car wash operation would,be conducted during normal operating hours of the service station and that it would be contained within the building itself and that noise should not be a problem. There being no one further desiring to be heard, Mayor Hopkins declared the public hearing closed. Council discussion followed. Mr. Dick Sommerhalder, operator of the existing service station, was present and answered questions of the Council. Upon motion of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the use permit application for a drive- through car wash operation at the existing Texaco service station on Southwest Boulevard was approved. File No. 0211 City Manager Callinan read the staff report E. McCulloh concerning the request for architectural and site plan approval of E. I °IcCulloh for two'four-plexes at Southwest Blvd. and Paseo Conejo and displayed the plans submitted. Mr. McCulloh was present and discussed the staff's recommended changes with the Council. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, architectural and site plan approval was given subject to conditions contained in planning staff report dated December 3, 1971. File No. 0191 City Manager Callinan advised that Mrs. Herrington Shopping Aguilar would like to place a Mexican ress- Center taurant in the Herrington Shopping Center and since the center is in a planned unit devel- opment, it was being brought before the Council for approval. A brief discussion followed. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the request for location of a Mexican res- taurant in Herrington Shopping Center was approved. Page 12. December 6, 1971 City Manager Callinan brought to the attention of the Council that in reviewing the city's Zoning Ordinance, it had been noticed that restaurants are not permitted uses in Neighborhood Commercial districts, but felt they should be since there are currently three restaurants in the existing neighbor- hood shopping area and indicated that a hear- ing should-be scheduled to amend the Zoning Ordinance to add.restaurants as a permitted use in said districts. Council concurred. Wayne Caldwell Mayor Hopkins declared open the scheduled Application for public hearing on the application of Mr. Taxi, Service Wayne Caldwell for a Certificate of Public Convenience and Necessity for Taxi Service. City Manager Callinan reviewed the information contained in the application. Mr. Cal-dwell was present and answered questions of the :Councilmen. There being no one else desiring to be heard and no written communications received, the public hearing was closed. Upon motion of Councilman Roberts, seconded by.Councilman Smith, and approved by the following roll call vote, the granting of a Certificate of Public Convenience and Necessity for Taxi SErvice to Mr. Wayne Caldwell was approved. AYES: (3) Councilmen Flores, Roberts, and Hopkins NOES: (1) Councilman Smith ABSENT: (1) Councilman Buchanan Councilman Smith stated for the record that he did not feel there was a need or necessity for another service of this type. Cultural Arts City Manager Callinan brought to the attention Commission of the Council the recommendation from the Cultural Arts Commission that $150 of its budget be disbursed to the Rohnert Park Cultural Arts Corporation. A brief disco cussion followed. -Upon motion of Councilman Smith, seconded by Councilman Roberts, and unanimously approved, the requested payment of funds to.the Rohnert.Park Cultural Arts Corporation was approved., Page 13. December 6, 1971 1915 Act City Manager Callinan brought to the attention Delinquencies of the Council that the Sonoma County Treasurer's Office needed an additional $2,000 to cover 1915 Act delinquencies until tax monies come in. A brief discussion followed. Upon reluctant motion of Councilman Smith, reluctantly seconded by Councilman Roberts, and unanimously approved, staff was authorized to forward the requested funds to the Sonoma County Treasurer's Office. Recreation City Manager Callinan reminded the Council Commission that Mark Raymond's resignation from the Parks and Recreation Commission had been submitted and that a possible appointment to the comm- mission had been discussed in the executive session held earlier. Upon motion of Councilman Roberts, seconded by Councilman Smith, and unanimously approved, the resignation of Mark Raymond from the Parks and Recreation Commission was accepted with regret and Mrs. Beth Hofmann was appointed to complete the unexpired term of Mr. Raymond. Adjournment flue to two of the Councilmen not feeling well the remainder of the agenda items were deferred to the next regular meeting. The meeting was adjourned at 9 :20 p.m. to December 7, 1971 at 7 :00 p.m. �Depu Cit Clerk APPROVED: 0 fc