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1967/05/15 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES 1. City Attorney Maxwell was requested to study the letter received from Assemblyman Bagley regarding the Brown Act Bill and a newly introduced bill by Assemblyman Bagley, and to prepare a letter stating the City's position. klatters from Councilman Roberts discussed recent newspaper Councilmen articles concerning the naming of the expressway, The Rohnert Park Expressway, and requested that the City Manager prepare a letter for those interested in why this name had been chosen. Acquisition of This item was deferred until later in the Rohnert Pa-a :k meeting when the Bond Counsel would be present. Golf Course May 15, 1967 The Council of the City of Rohnert Park met thi.2 date in regular session at 7:00 P.M. at the Cj.';- Offices, 435 Southwest Boulevard with Mayor Pezonella presiding. This regular meeting was preceded by an executive personnel session at 6:50 P.M. at which the City Manager's working conditions and terms of employment were discusser' but at which no formal action was taken. Call to Order Mayor Pezonella called the meeting to order and led the pledge of allegiance. Present: (4) Councilmen Roberts, Rogers, C.Smith. and Mayor Pezonella Late: (1) Councilman V. Smith (time of arrival being approximately 7 :45 li`,�. and noted specifically in these minutes.)) Staff present: City Manager Callinan, City Attorney Maxwell, Bond Counsel Richard Raymond of Wilson, Jones, Morton and Lynch, and John Quinn of Sonoma County Planning Staff. Approval of Upon motion by Councilman C. Smith, seconded by Minutes Councilman Rogers and unanimously approved, the minutes of May 1, 1967 were approved as submitted Approval of Upon motion by Councilman Rogers, seconded by Bills Councilman C. Smith and unanimously approved, the bills presented were approved for payment. Communications Communications, were brought to the attention of the Council. No action was taken on any of the communications except as specifically noted in these minutes. 1. City Attorney Maxwell was requested to study the letter received from Assemblyman Bagley regarding the Brown Act Bill and a newly introduced bill by Assemblyman Bagley, and to prepare a letter stating the City's position. klatters from Councilman Roberts discussed recent newspaper Councilmen articles concerning the naming of the expressway, The Rohnert Park Expressway, and requested that the City Manager prepare a letter for those interested in why this name had been chosen. Acquisition of This item was deferred until later in the Rohnert Pa-a :k meeting when the Bond Counsel would be present. Golf Course Page -2- May 159 1967 Ordinance No. 81 City Manager Callinan stated that this ordinance Subdivision had been introduced at the last meeting and that Ordinance, since that ,time he had sent copies to various agencies including the planning staff and utility companies from which he had received comments requesting minor changes. The changes suggested were discussed with the Council and upon conclu- sion the City Manager was requested to prepare the final draft for adoption. Ordinance No. 82 AN ORDINANCE AMENDING THE ZONING MAP OF THE ZONING ORDINANCE OF THE CITY OF ROHNERT PARK (Property Near Sonoma State Expressway Inter- change). City Manager Callinan explained the ordinance. Upon motion by Councilman Rogers, seconded by - Councilman Roberts and unanimously approved, W 1 i,tl uoul1C-U mail V. Smith being absent, the read - ing of Ordinance No. 82 was waived and said ordinance adopted. Ordihan.ce No. 83 AN ORDINANCE AMENDING ORDINANCE NO. 319 BUSINESS LICENSE ORDINANCE, BY ADDING PROVISIONS FOR PRORATE OF BUSINESS LICENSE TAX. City Attorney Maxwell explained the ordinance. Arrival of Councilman V. Smith arrived at this °point in Councilman the meeting, the time being approximately V. Smith 7 :45 P.M. Ordinance No. 83, Upon motion by Councilman C. Smith, seconded'by Councilman Rogers and unanimously approved, Ordinance No. 83 was introduced. Resolution No. A RESOLUTION DIRECTING MAKING OF AMENDED ASSESS- 67 ®38 MENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 79 PROJECT NO. 195619 ASSESSMENT NOS. 6.9.2 AND 6.9.3. City Manager Callinan explained the resolution. Upon motion by Councilman Roberts, seconded by Councilman V. Smith and unanimously approved, Resolution No. 67--38 was adopted. Project No.1967 --2 City Manager Callinan discussed the project with Southwest.Blvd. the Council and advised that the bids for the Water Main construction: work had been opened Friday, May 129 1967. Mr. M..Hudis, project engineer, re-- ported on the bid opening, advised that Argonaut Constructors was the,low bidder, and recommended awarding the contra.ct'.to them provided there is no problem with easements. Page -3- May 15, 1967 Resolution No. A RESOLUTION AUTHORIZING ACCEIT ANCE OF EASEMENT 67 -39 DEED FROM CORAL HOMES, INC. City Attorney Maxwell advised that he was in receipt of an Easement Deed signed by Coral Homes, Inc. and Young America Homes. He pre - sented Resolution No. 67 -39 which authorized acceptance of the easement deed. Upon motion by Councilman V. Smith, seconded by Councilman Roberts and unanimously approved, the reading of Resolution No. 67 -39 was waived and said resolution adopted. Project No.1967 -2 Upon motion by Councilman C. Smith, seconded by Award of Contract Councilman Roberts and unanimously approved, the contract for construction of Project No. 1967 -2 was awarded to Argonaut Constructors. Acquisition of Bond Counsel Richard Raymond, of Wilson, Jones, Rohnert Park Morton and Lynch, was present. Mr. Callinan Golf Course brought the Council up to date on the happenings in connection with the golf course and advised that Regent Investment Corporation had indicated that they would close the course as of May 15, 1967 unless a purchaser for the course was ob- tained. Mr. Callinan further advised that at the May 8, 1967 Recreation Commission meeting, the Commission went on record as strongly urging the City Council to take whatever action was necessary to acquire the course. The City manager reported that the joint venture with Santa Rosa does not seem to be going to materialize and discussed the various reports prepared for Regent Investment Corp. by various firms concerning the upgrading and maintenance of the course. Mr. Callinan advised that he had been discussing with Mr. Raymond the ways of financing the coursE and for Rohnert Park to acquire the course solely and discussed the fact that any purchase would be based on no tax burden on the taxpayer. Mr. Raymond presented and explained a possible bond schedule and the procedure for forming a non - profit corporation. Councilman Rogers moved that the City Council go on record as: 1. Accepting the Recreation Commission's recom- mendation concerning the golf course. Page -4- 2. I)irecting to initia, financing using the method of May 15, 1967 the City Manager and bond counsel to action necessary to obtain the for the purchase of the golf course lease-back, non-profit corporation financing. 3. Authorizing the City Manager to submit an offer to purchase up to $3009000.00 to Regent Investment Corporation for the pur.- chase of the course. 4. Authorizing the City Manager to commence negotiations with Regent for a lease-option agreement which would be in effect until such time as the City can purchase the course and that the negotiations of the lease- option cover all aspects of the golf course and the various conditions of the eventual purchase. 5. Authorizing the City Manager to work out a' program with Regent Investment Corporation to have the golf course brought up to accep-'Vably• golfing standards as part of the lease- purchase and option agreement wit?!. the under• standing that the City will pay the actual cost for said improvements over and above the $3009000.00 purchase price mentioned above. Councilman Roberts seconded the motion on the condition that a full discussion of the motion be held prior to any vote being called for. Mayor Pezonella called for discussion which F n — -; +1, 4- 1, %J i'1 and staff. W-uli. Me Counci-I At one point in the discussion Councilman V. Smith stated that he would agree to Councilman Rogers's motion if: 1. The adjacent land owners would pay sufficient monies to build the access roads. 2. It could be ascertained what Santa Rosa would do if Rohnert Park developed a full 18 hole golf course. City Manager Callinan commented that in the 130 acres of the course the City could sell off some and also charge those property owners with lands backing on the golf course for access rights to the course. Councilman Rogers stated that he will pledge any support to any conditions that Councilman V.Smith Page -5- May 15, 1967 wants to lay down if Councilman V. Smith will go along with the motion on the floor. Councilman Roberts stated he felt the City should buy the course. He then initiated a dis- cussion as to who would oversee the golf course operation and how it would be administered. Councilman V. Smith inquired as to what the Recreation Commission had done to date on the Community Building. Councilman Roberts explain- ed the background and reported briefly on the Recreation Commission's meeting of May 8, 1967 and their recommendations. Mayor Pezonella recognized the following persons in the audience who appeared and spoke in favor of the City purchasing the course: Mr. Marshall Palmer, Mr. Hal Janney, Mr. Tubby Braden, Mr. Bill Ayers, Mr. Ralph Jones, Mr. Paul Lynd, Mr. Samuel Nofziger, Mr. J. Lewis and Dr. William Cord. Councilman Rogers moved that the discussion be closed. Councilman C. Smith asked if the City Attorney had any legal comment he wanted to offer ano. asked what would the City's position be if the number of rounds of golf to cover the maintenance, and operation were short. The City Attorney and Bond Counsel advised that the City would have to come up with the money to fund any shortage. Mr. Raymond stated that he was very confident a- bout the sale of the bonds. Councilman V. Smith amended Councilman Rogers motion by adding the condition that the purchase be subject to an agreement being worked out at a later date for access rights to trespass on the course. This amendment was agreed to by Councilman Rogers and seconded by Councilman Roberts. Councilman Rogers restated his original motion, adding the amendment. The motion and amendment were passed b the following roll call vote: AYES: (5 Councilmen Roberts, Rogers, C.Smith, V.Smith and Mayor Pezonella. NOES: 0) None ABSENT: None Mr. Janney thanked the City and Mr. Callinan for permitting the Rohnert Park Jr.Sr. High School Golf Team to use the course during the past year. City Attorney Maxwell discussed the resolution with the Council. Upon motion by Councilman Rogers, seconded by Councilman V. Smith and unanimously approved., the reading of Resolution No. 67-37 was waived and said resolution adopted. Ing I lal.l n. fill; Matters File 0062 - W.R.Jones Rezoning-public hear- ing service station site = corner Beverly Dr. 8, East Cotati Ave City Manager Callinan explained the request and pointed out the location on the north- east corner of Beverly Drive and East Cotati Avenue. John Quinn. Sonoma County -Planning Staff, commented on the eleven servict station sites already in existence or approved by the Council to date and the policy adopted by the Council on April 3, 1967 relating to service stations, and recommended that the request be denied. City Manager Callinan reported that the notice of public hearing had been published in the news- papers, and notices sent to property owners with- in 500 feet of the requested property to be re- zoned. Page -6- May 1r; .5p 1967 I Recess of Council Mayor Pezonella recessed the Council for 5 minutes, the time being approximately 9:00 P.M. Reconvention of Mayor Pezonella called the meeting to order Council again, the time being approximately 9:05 P.M. Weed Abatement City Manager Callinan advised the Council that Public Hearing at the March 20, 1967 meeting the City Council adopted a resolution directing the City Manager to send out notices to destroy weeds and report- ed that these notices had been sent and many had been negotiated for the City to out the weeds and bill the owners. Mayor Pezonella declared the public hearing open and requested anyone wishing to be heard to step forward. City Manager Callinan advised that there had been no protests filed with the City Clerk. There being no one wishing to be heard the publio hearing was declared closed. .Resolution No. 67-37 A RESOLUTION ORDERING CITY MANAGER OF THE CITY 01. ROHNERT PARK TO ABATE NUISANCES EXISTING WITH THE CITY OF ROHNERT PARK. City Attorney Maxwell discussed the resolution with the Council. Upon motion by Councilman Rogers, seconded by Councilman V. Smith and unanimously approved., the reading of Resolution No. 67-37 was waived and said resolution adopted. Ing I lal.l n. fill; Matters File 0062 - W.R.Jones Rezoning-public hear- ing service station site = corner Beverly Dr. 8, East Cotati Ave City Manager Callinan explained the request and pointed out the location on the north- east corner of Beverly Drive and East Cotati Avenue. John Quinn. Sonoma County -Planning Staff, commented on the eleven servict station sites already in existence or approved by the Council to date and the policy adopted by the Council on April 3, 1967 relating to service stations, and recommended that the request be denied. City Manager Callinan reported that the notice of public hearing had been published in the news- papers, and notices sent to property owners with- in 500 feet of the requested property to be re- zoned. Page -7- May 15 , 1967 ::.Mayor Pezonella' declared the public hearing open ':`.and requested comments from those in favor of the request. Mr. Ralph Jones, the applicant, was presetn and spoke on the fact that East Cotati Avenue, within the. -City of Cotati, was zoned commercial and sub - mitted that it was, therefore, logical that the site in question be a service station site and that the request be granted. Mr. Braden, of Braden Realty, also spoke in favor of the re- quest, as did Ronald Rasmussen of Rural Enter - prises.` Mr. I. R. Smith, 905 East Cotati Avenue, the owner of the�propery immediately adjacent to the subject site, appeared and said he was opposed to the rezoning and requested the Council deny the request. Councilman V. Smith on the agenda there station site on the site. City Manager Riebli had withdraw: to the meeting and, on that matter need commented on the fact that was a request for a service corner opposit the subject Callinan advised that Mr. a his application just prior therefore, the public hearing not be held. Mr. R. H. Pollard, a developer, spoke in opposi- tion of the request based on the fact that this would be spot zoning for a service station site in an already established multi- residential zoned area.. William Kapranos, representing several prople owning property in the area,.was present and protested the request on the grounds of setting a precedent of spot zoning. Mr. Braden questioned the City Attorney if this ,request should be constituted as-',spot zoning. City Attorney Maxwell stated that it was spot Zoning in a previously zoned area within the City limits of Rohnert Park. Councilman Roberts asked how long this section had been shown as multi= residential on the mast er plan.. The.City Manager responded, approx- imately three.year`s. Mr. .Quinn comment.e.d on.the strip zoning envoked by the City "'of Cotati about 12 years ago and stated he'hoped that"the Rohnert Park City Council would not follow this type of zoning. File 0063 - Gross Rezoning for Service Station Site - Corner of Adrian Drive and City Manager Callinan advised the Council Southwest Blvd® - that in December !965 the Council iss1Ked a Public Hearing use permit for a multi - family unit on the site under consideration. Mr. Callinan read a letter of protest from Mr. William I,. Kapranos concerning the rezoning re- quest. City Manager Callinan also advised that the notice of public hearing had been published' and sent to all property owners within 500 feet of the subject site. Page --8® May 15, 1967 Councilman V. Smith commented that this area was master planned and zoned RM- 1500.® There being no further comments, the public hear - ing was declared closed. Councilman C. Smith commented that he felt the Council should sit down with the City of Cotati and the planning staff someday to discuss this strip zoning by Cotati and how it affects the surrounding area, Councilman C. Smith moved and Councilman V.Smith seconded a motion to deny the request. Mayor Pezonella commented he felt this was not fair to the applicant and would like to see it deferred until a later meeting and discussed with the City of Cotati. City Attorney Maxwell advised that the public hearing had been closed and that a motion and second were before the council and would have to be acted upon. Mayor Pezonella called for a roll call vote on Councilman C. Smith's motion to deny the request. AYES: (3) Councilman Roberts, C.Smith and V. Smith NOES: ( 2 ) Counni l men Rngenq a-nrl Mnvn-r Pezonella ABSENT: (0) None The request for rezoning was denied by the above vote. Mr. Quinn read his staff report and recommend ed denial of the request. Mayor Pezonella declared the public hearing open and asked for comments from the floor. Page -9- May 15, 1967 Mr. Robert Harris s, the co- applicant, was present and advised the Council that Mr. Harold Musco, a representative of Shell Oil Col, was ill and could not be present and requested the continu- ance of the public hearing. Councilman V. Smith commented that enough time had•elasped and notification been sent so that if Shell Oil had wanted to be represented they could have found another representative, and inasmuch as many other people were present, the hearing should be held. Mr. Ralph Jones spoke in favor of the request. Mr. William Kapranos, representing a group of.10 property owners in the immediate area, and Mrs. Curley, representing 12 property owners in the immediate area, were present and protested the rezoning on the basis of this again being spot zoning and stating that the interested parties who owned the 32 acres immediately adjacent to this property under consideration for rezoning had spent much time and money for a planned development of their property that would enhance and substantially increase the value of the surrounding property. Mr. Gary Sterner, Texaco Dealer, appeared and advised the Counq'il that he was representing all the service station _dealers within Rohnert Park, and that they had submitted a written protest which the City Manager then read. Mr. Ed Speed, Mr. Art Howard and Mr. William Glenn appeared and opposed the rezoning request. Upon motion by Councilman Rogers, seconded by Councilman V. Smith and unanimously approved, the Council denied the continuance of the hearing and denied the request for rezoning. File 0020 - A.Riebli Mr. Callinan advised the Council that this Rezoning request - application had been withdrawn. corner of Beverly Dr. and East Cotati City Attorney Maxwell advised the Council Ave. - Public that the public hearing did not have to be Hearing held since the application had been with - drawn . File 0003 - Alden Improvement Corp. Use Permit to Expand Apt-Bldg. at 7424 <' Bridgit Drive Mr. Quinn read his staff report and recommend ed approval of the use permit. Councilman V. Smith questioned Mr. Rasmussen, representing Alden Improvement Corp., con- cerning the covered parking. Mr. Rasmussen stated that the plans for the expansion were Page -10- May 15, 1 967 in accordance with the zoning ordinance and that the covered parking requirements had been met. Upon motion by Councilman Rogers, seconded by Councilman V. Smith, and unanimously approved, with Councilman C. Smith abstaining, the Council granted the use permit.. File 0064 _ Golis, Mr. Quinn reviewed his staff report, recom- Cohen,Simons - Use mended approval, and introduced Mr. Simons, Permit for Office the architect for the proposed building. Bldg. on Commerce Blvd. Councilman Rogers Councilman Rogers left the meeting at this point, Departure the time being approximately 10 :00 P.M. File No. 0064 Mr. Simons displayed plot plans and elevation and architectural plans for the Rite arr7 build- ing, including landscaping details. Councilman V. Smith inquired as to why the City was not requiring the property owners to put in the rest of Commerce Boulevard. Mr. Callinan advised that the property along Commerce Blvd. had already been assessed for Commerce Blvd. and the widening would be done at some time in the future by the City. Councilman V. Smith stated that the condition should be added that if any creeks are involved they should be put into culverts and underground. Upon motion by Councilman V. Smith, seconded by Councilman Roberts and unanimously approved, the use permit was approved subject to the conditions outlined by staff and on file in the City Office, plus the additional condition of installing underground culverts on any creeks which may run across the property. East Cotati Ave. A discussion was held concerning the underground - Undergrounding ing of utilities as part of the widening of East of utilities Cotati Avenue from the Northwestern Pacific Rail- - road to Petaluma Hill Road. Upon motion by Councilman V. Smith, seconded by Councilman C. Smith and unanimously approved, the Council went on record as urging the utility companies to change the existing utilities on East Cotati Avenue to the streamlined method of construction as part of the widening of East Cotati Avenue and the Council also went on record as asking Sonoma State College, the County of Sonoma, and the City of Cotati to support this request. Page -11- May 15, 1967 Sonoma State The Council was given a verbal status report on Expressway the Sonoma State Expressway Improvement Project No. 1966 -2. City Attorney Maxwell advised that the railroad had informed him that the agreement for the grade crossing had been executed by the railroad and that its approval by the Public Utilities Commission was being solicited. Project No.1967 -1 City Manager Callinan explained that the assess- ment district proceedings had been initiated, a copy of the engineer's report had been submitted by Mr. Hudis the project engineer. Mr. Hudis displayed the improvement plans and explained the preliminary engineer's report. Mr. Richard Raymond of Wilson, Jones, Morton and Lynch was present and explained and presented several resolutions to the Council for adoption on Project No. 1967 -1. Resolution No. A RESOLUTION OF PRELIMINARY APPROVAL OF 67 -40 ENGINEER'S REPORT, COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES - ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967 -1. Upon motion by Councilman Roberts, seconded by Councilman C. Smith and unanimously approved, the reading of Resolution No. 67 -40 was waived and said resolution was adopted. Resolution No. A RESOLUTION APPOINTING TIME AND PLACE OF HEAR - 67-41 ING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE, COUNTRY CLUB DRIVE AND ANYDER LANE SEWER TRUNK LINES - ROHNERT PARK SANITARY SEWERAGE PROJECT NO.1967 -1. Upon motion by Councilman Roberts, seconded by Councilman C. Smith and unanimously approved, the reading of Resolution No. 67 -41 was waived and said resolution was adopted. Resolution No. A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF 67 -42 ASSESSMENT DISTRICT, DIRECTING FILING OF MAP AND DIRECTING RECORDATION OF NOTICE OF ASSESS- MENT, COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES - ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967 -1. Upon motion by Councilman Roberts, seconded by Councilman C. Smith and unanimously approved, the reading of-Resolution No. 67 -42 was waived and said resolution was adopted.. Resolution No. A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE, 67 -43 COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES - ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967 -1. Page -142- May 15, 1967 Upon motion by Councilman Roberts, seconded by Councilman C. Smith and unanimously approved, the reading of Resolution No. 67 -43 was waived and said resolution was adopted. Resolution No. A RESOLUTION CALLING FOR SEALED PROPOSALS, 67 -44 COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES - ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967 -1. Upon motion by Councilman Roberts, seconded by Councilman C. Smith and unanimously approved, the reading of Resolution No. 67 -44 was waived and said resolution adopted. Resolution No. A RESOLUTION CALLING FOR BIDS ON SALE OF 67 -45 IMPROVEMENT BONDS, COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES - ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967 -1. Upon motion by Councilman Roberts, seconded by Councilman C. Smith and unanimously approved, the reading of Resolution No. 67 -45 was waived and said resolution adopted. Copeland Creek Engineer Hudis gave a verbal status report on Improvement the Copeland Creek Improvement Project. He Project indicated that the improvement plans should be done in the next few weeks and the project Project No.1967 -1 City Manager Callina advised the Council that certain property owners from whom the City re- quired easements for Project 1967 -1 had re- quested that the City Council officially request tiie necessary easements • Upon motion by Councilman V. Smith seconded by Councilman C. Smith and unanimously approved, the City Council officially went on record as request�rsg -rout the property owners those ease- ment required for Improvement Project No. 1967 -1. City Manager's Report Expense & Budget City Manager Callinan submitted and commented on the expense and budget comparison report for the fiscal year through April 30, 1967. Annexation No. 4 City Manager Callinan reported on the May 4, 1967 LAFC meeting and advised that Annexation No. 4 had been deferred by the LAFC until June 1,1967. Annexation No. 5 City Manager Callinan advised the Council that Annexation No. 5 had been filed with the LAFC and would probably be scheduled for consideration at the LAFC's June 1st meeting. Page -13- City Attorney's Report Interchange Right -of -way May 15, 1967 City Attorney Maxwell read a letter which he had prepared to the County of Sonoma for signature by the Mayor concerning the County's request for assistance in obtaining the balance of the right - of -way required for the interchange on the east side of U. S. 101. Upon motion by Councilman V. Smith, seconded by Councilman Roberts and unanimously approved, the letter as read by City Attorney Maxwell was ap- proved and the Mayor was authorized to sign and transmit same to County. City Attorney's City Attorney Maxwell reported briefly on the Meeting League of California Cities City Attorney's Department Spring Meeting held in Sacramento. Adjournment There being no further business the meeting was adjourned at approximately 10:55 P.M. F f Deputy City erk APPRO D May io--s-eph A. Pe nella AT ST: C13FY C er