Loading...
1974/08/19 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES August 19, 1974 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Beary presiding. Call to Order Mayor Beary called the meeting of the regular session to order at approximately 7:00 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Director of Public Safety Dennett, and Fire Services Commander Jerry Bick Approval of Bills Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $136,627677 were approved. Said total includes $54,467.00 for the Rohnert Park Civic Commission. Approval of Minutes Councilman Smith noted that on Page 17 of the August 5 minutes his vote should be reflected as "Aye" regarding the appointment of Ray Lummus to the Parks and Recrea- tion Commission. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the minutes of August 5,were approved as corrected. Ordinance No. 233 AN ORDINANCE OF THE CITY OF ROHNERT PARK ESTABLISHING OFFICIAL PLACES FOR POSTING ORDINANCES AND RESOLUTIONS OF THE CITY COUNCIL, AND ALL OFFICIAL NOTICES City Manager Callinan explained the ordinance. Upon motion of Councilman Smith,,seconded by Councilman Flores, and unanimously approved by the following roll call vote, the reading of Ordinance No. 233 was waived and said ordinance was adopted: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary NOES: (0) None Ordinance No. 234 AN ORDINANCE THE CITY,OF ROHNERT PARK AMENDING - 1OF SUBSECTION C,_QF SECTION 8 OF ORDINANCE NO. 78-TO AUTHORIZE THE.GRANTEE OF A NON-EXCLUSIVE FRANCHISE TO Page 2,. August 19, 1974 CHARGE CERTAIN UNDERGROUNDING COSTS IN SUBDIVISIONS TO THE SUBDIVIDER (Cable Television) City Manager Callihan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the reading of,.Ordinance No..234 was waived and said ordinance was adopted. Ordinance No. 235 AN ORDINANCE AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Re parking of la.�ge vehicles in residential districts Y. City Manager Callihan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Hopkins, and unanimously approved, the reading of Ordi- nance No.. 235 was waived and said ordinance was adopted. Ordinance No. 236 AN ORDINANCE AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Prohibiting storage of certain vehicles, garbage and trash receptacles, building materials, lumber, junk and debris in required front or side yards) City Manager Callihan explained the ordinance. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the reading of Ordi- nance No.. 236 was waived and said ordinance was adopted. Ordinance No. 237 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Establishing C -Rec. District) City 'Manager Callihan explained the ordinance. Upon motion of Councilman Flores, seconded by Councilman Smith, and unanimously approved, the reading of Ordinance No. 237 was waived and said ordinance was adopted. Ordinance No. 238 AN ORDINANCE AMENDING ORDINANCE NO. 63, ZONING ORDINANCE (Zoning Map - Wilshire Company, File No. 0368) City Manager Callihan 'explained the ordinance. Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the reading of Ordi- nance No. 238 was waived and said ordinance was adopted. Ordinance No. 239 Action on Ordinance No. 239 was deferred to later in the meeting. Ordinance.:No. 240 AN ORDINANCE AMENDING ORDINANCE NO. 55 TO ESTABLISH PRIMA- FACIE.SPEED'LIMIT ON COUNTRY CLUB DRIVE City Manager Callihan explained the ordinance. Page 3. August 19, 1974 Councilman Hopkins made a motion to introduce Ordinance No. 240.,to provide for 25 MPH north of the Rohnert Park Expressway and 35 MPH south of the Ro'hnert Park Expressway. Said motion died for lack of a second. Discussion followed regarding the 35 MPH recommended I I by staff for a portion of Country Club Drive, Upon motion of Councilman Flores, seconded by Councilman Eck, and approved by the following roll call vote, Ordi- nance No. 240 was introduced as amended to provide for a 25 MPH speed limit on Country Club Drive: AYES: (3) Councilmen Eck, Flores, and Smith NOES: (2) .Councilmen Hopkins and Beary Mayor Beary stated for the record he'felt somewhat as Councilman Hopkins did regarding the professional staff making recommendations and then the Council not following same, Resolution No. 74-113 RESOLUTION DETERMINING THE AMOUNT OF MONEY NECESSARY TO BE RAISED SED FROM PROPERTY TAXES TO SUPPORT THE CITY j. DEPARTMENTS AND PAY THE INDEBTEDNESS OF THE CITY FOR THE FISCAL TAX YEAR 1974-75 Resolution No. 74-114 RESOLUTION FIXING THE RATE OF TAXES FOR THE FISCAL YEAR 1974-75 FOR THE CITY OF ROHNERT PARK City Manager Callinan summarized Resolution Nos. 74-113 and 74-114 and his memo to the Council dated August 16 concerning same. Discussion followed concerning a por- tion of the recommended tax reduction being earmarked for open space acquisition. Upon motion of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved by the following roll call vote, the tax rate for 1974-75 will be $1.37. Upon motion of Councilman Hopkins seconded by Councilman Smith, and unanimously approved, the reading of Resolu- tion No. 74-113 was waived and said resolution was adopted. Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved, the reading of Resolu- tion No. 74-114 was waived and said resolution was adopted. Resolution No. 74-115 A RESOLUTION ACCEPTING COMPLETION OF WORK AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE OF COMPLETION COUNTRY CLUB DRIVE IMPROVEMENT PROJECT NO. 1972-9 City Manager Callinan explained the resolution. Page 4. August 19, 1974 Upon_motion.of Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 74- 115.wa6 waived- and'sa d"resolution was adopted. Rancho Verde Assess City Manager Callinan reviewed his memo to the Council ment District, Project dated August 16. concerning the Rancho Verde Assessment No. 197LF -6 District,. Project No. 1974 -6. He introduced Bond Counsel Phil Assaf of Wilson, Jones, Morton 6 Lynch. Mayor Beary announced that thislwas the time and place of hearing.on the Engineer's Report prepared pursuant to the Municipal Improvement Act of 1913 and Resolution of Intention No. 74 -89. The staff submitted the Engineer's ,Report and evidence relating to the method of spread of assessment in accordance with benefits. City Manager Callinan advised that notice of the public hearing had been mailed to property owners affected, pub - fished and posted. Resolution No 74• -116 No correspondence was received and no one desired to speak to the matter. After discussion and consideration by the Council, the hearing was ordered closed. A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 74 -89, RANCHO VERDE ASSESSMENT DISTRICT 1974 -6 Resolution 'Ro. 74 -117 A RESOLUTION AND.ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS ..., ., Resolution No. 74 -118 A RESOLUTION DESIGNATING COLLECTION OFFICER, RANCHO VERDE ASSESSMENT DISTRICT 1974 -6 City Manager Callinan and Bond Counsel Phil Assaf .explained the resolutions. Upon motion of Councilman Hopkins; seconded by Councilman Smith, and unanimously approved, the reading of Resolu- tions Nos. 74- 116,through 74 -118 was waived and said resolutions were adopted. A brief discussion followed regarding the procedures involved in assessment districts with Bond Counsel Assaf participating. Ordinance No. 234 City'Manager Callinan brought to the attention of the re Charging for Certain Council that Mr. Karney Barberian, Executive Director of Undergrounding Costs in the Associated Building Industry, had wished to speak on Subdivisions,,(CATV) Ordinance No. 234 when.it "was considered earlier in the meeting but had not raised his hand in time. Mayor Beary recognized Mr. Barberian who requested time to make "a presentation on Ordinance Igo. 234. It was Page 5. August 19, 1974 agreed that Mr. Barberian could make his presentation at the September 3rd Council meeting. Mrs. Audrey Chaon re Mrs. Audrey Chaon appeared and requested financial Miss Rohnert Park support from the City to purchase silver -harm bracelets Pageant for each entrant in the Miss Rohnert Park Pageant at a cost of approximately $120 total and a $50 clothing award .for the winner of the pageant. A brief discussion fol- lowed. Upon motion of Councilman Hopkins, seconded by Councilman Pioneer Ambulance City Manager Callinan reviewed his memo to the Council Service dated August 16 concerning Pioneer Ambulance Service application for a Certificate of Public Convenience and Necessity, explained that there are other ambulance services which operate in Rohnert Park on a very limited basis, i.e. out of Santa Rosa, and they have not been Flores, and unanimously approved, $120 for charm brace- lets for Miss Rohnert Park Pageant participants, $50 clothing award and a family pool membership for the pageant winner, were approved., Mr. Les Symonds,Report Mr. Les Symonds appeared and gave an interim report on on County General Plan the Sonoma County General Plan Committee on Housing. He Committee on Housing reported that he had attended every meeting of the com- mittee since his appointment in February; that the report consisted of observations to date and contained no recom- mendations at this point; that work being done is on a 25 year projection; that 490,000 population for the county was estimated by the year 2000; that 45,000 popu- lation was estimated for Rohnert Park by the year 2000; that the only major item concerning Rohnert Park was that the city limits should be kept at the present northern boundary and any expansion should be to the east; that he finds the work very enlightening and educational; that staff work done thus far was excellent and done by dedi- cated individuals; thanked the City Council for appointing him to the committee; and advised he would report again to the Council when the work of the committee was complete. John Lund re Mayor Beary recognized Mr. John Lund who staffed he had Supervisorial Districts a very brief presentation to make to the Council, Mr. Lund first * thanked the Public Safety Department for responding so quickly to the fire in his car recently. He spoke briefly concerning the present supervisorial districts and urged the City Council to try to move Rohnert Park and Cot ' ati but of the second district and into the fifth district which would make Rohnert Park the largest city in the district; that it would seem to be an impossible task to ever seat a candidate on the Board of Supervisors so long as Rohnert Park remains in the second district. A brief discussion followed with Mr. Lund participating. Pioneer Ambulance City Manager Callinan reviewed his memo to the Council Service dated August 16 concerning Pioneer Ambulance Service application for a Certificate of Public Convenience and Necessity, explained that there are other ambulance services which operate in Rohnert Park on a very limited basis, i.e. out of Santa Rosa, and they have not been Page 6. August 19, 1974 required to.obtain a Certificate of Public Convenience and Necessity since they do. operate on such a limited basis and they are regulated and policed by the City of Santa Rosa; advised he had received a memo from Director of Public Safety Dennett which indicated no objection to issuance of a Certificate; advised he had met with Cotati City Manager.Bob Switzer y applicant Jay Wiseman, and Director of Public Safety Dennett earlier in the day during which it was expressed that some of Pioneer's proposed rates were too high and that Mr. Wiseman had submitted an amended list of proposed charges ;subsequent to said meeting. Mr. Callinan further advised that the city is in the ambu- lance business for emergency service only and that he had told Mr. Wiseman he would not recommend that the city get out of the ambulance business until such time . as a pri- vate operator had demonstrated all the" calls could be handled. Mayor:Beary declared the.public hearing open on the appli- cation of Pioneer Ambulance Service for a Certificate of Public Convenience and Necessity. City Manager Callinan read a letter from Tom Frenaye dated August 17 which urged that Pioneer Ambulance Service be granted a Certificate of Public Convenience and Necessity. Mr. Bryce Suderow, 8010 Petaluma Hill Road, Penngrove, asked what a Certificate of Public Convenience and Necessity.was. City Attorney Flitner responded that it was a license to operate withirn the City of Rohnert Park. There being no one further desiring to be heard, Mayor Beary declared the public hearing closed. Mr. Suderow commented that if the rates were too high people would probably simply not pay the bill. .:Mr. Jay Wiseman was recognized.' He commented that much ..:thought and study had gone into the rates submitted; that the,:County of Sonoma had established procedures to reimburse ambulance operators if a patient is unable to °,pay. In response to a question from the Council Mr. Wiseman responded that his average billing to date was approximately $100 per run. In response to another question from the Council, Mr. Wiseman responded that his experience consisted of being a Red Cross instructor for First Aid courses., 2 -/12 years of pre -med education; experience in psychiatric care, employment for approxiW_. mately 3 months with a Marin County ambulance service, and employment as a paid sleeper at the Cotati Fire Station Mr. Wiseman responded to a question from the Council as to why he had only been employed for 3 months Page 7. August 19, 1974 with the ambulance service- in Marini County by stating there.was a personality conflictand further explained that the firm had an approximately 50% turnover in per- sonnel during the time he was employed. A lengthy dis- cussion followed concerning Mr. Wiseman's reactions and/or policies in certain situations, fees, requirements for a Certificate of Convenience and Necessity, and gen- eral matters. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, action on the appli- cation of Pioneer Ambulance for a Certificate of Public Convenience and Necessity was deferred to the next regu- lar meeting. Recess Mayor Beary declared a recess at this point in the meet- ing, the time being approximately 8:40 p.m. Reconvene, Mayor. Beary reconvened the meeting at approximately 8:50 p.m. with all Councilmen present. File No. 0361, Appeal City Manager Callinan reviewed Planning Commission action of Planning Commission to date on the EIR of Cofego Enterprises and Codding Decision on Cofego Enterprises, the appeal of the City of Santa Rosa and Enterprises and Codding the Santa Rosa Urban Renewal Agency considered at the last Enterprises Final EIR Council meeting, and advised that Del Davis Associates had prepared responses to the concerns raised at the last meeting, Resolution No. 74-119 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL SUSTAINING THE DETERMINATION OF THE ROHNERT PARK PLANNING COMMISSION IN ITS APPROVAL OF THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED REGIONAL, COMMERCIAL AND RESIDENTIAL DEVELOPMENT, ROHNERT PARK CALIFORNIA, AS SUPPLEMENTED BY THE COMMENTS TO THE PUBLIC RESPONSE TO THE DRAFT ENVIRONMENTAL IMPACT REPORT, AS PREPARED BY DEL DAVIS ASSOCIATES, INC. Councilman Hopkins made a Motion, seconded by Councilman Smith; to adopt Resolution No.. 74-119 by title. City Attorney Flitner explained the procedures necessary in approving the EIR and read the title of the resolution. —Councilman Flores stated for the record that in consid- ering the entire concept of EIRs there really are no standards; therefore as an individual looks at an EIR he has to determine if it is meaningful in considering environment ' al matters; that because there are no stand- ards for EIRs to address themselves to, the decision has to be subjective; that he feels this is one of the best 'FIRS submitted to the City of Rohnert Park even though they have only been required for about a year; that until such time as government entities set up standards we have to do the best we can Page B. August 19, 1974 Mr. Joseph E. Coomes,.Jr., of McDonough, Holland, Schwartz & Allen, 555 Capitol Mall, Sacramento, was ree ognized, Mr. Coomes commented that his firm was appear- ing for the fourth time on this EIR, twice before the Planning Commission and, including this meeting, twice before the City Council. He stated he would like to briefly comment on the document entitled "Supplemental Data" which he,,assumed would be made part of the final EIR. He commented there are criteria for EIRs and cited the County of Kern case recent decision which ruled that ,responses to significant'environmental issues have to be specific; that if significant environmental objections `ire raised, the response should cite compelling or overriding reasons�, Mr. Coomes.continued, commenting that the definition of the project or scope of same,is still a problem with them; I I that the EIR is specifically for a project; that if the proposed project is for a proposed rezoning, why now; that it is not necessary that the zoning be conformed to the General Plan, but that interim or holding zones would do just as well; that it seemed the information in the tIR confirmed the fact that the project, if it is a rezoning, is in advance,of the market. Mr..Coomes continued, commenting that one of the major issues I ues was sewage facilities; that the data does not state that facilities are funded, but simply refers to the Rohnert Park interceptor. in commenting -on water, lip. Coomes staterl'that the response does not contain any data to support the comments on page 4 of the supplement- data and does not satisfy the mitigation factors on page V.36 of the EIR; in commenting on air quality, Mr. Coomes stated that the air-quality should be considered in terms of the EPA Guidelines and standards which will be applicable in January 1975; that there were completely unsubstantiated comments concerning air quality on page 7 of the supplemental data. Mr. Del Davis commented concerning the last remarks of Mr. Coomes advising that the statement in the EIR was based on the diversion of traffic of vehicles going from Petaluma to Santa Rosa which would reduce air pollution. Mr. Coomes commented on the responses regarding water quality on.page 8 of the supplemental data and stated there are unknown significant and important adverse environmental impacts at this time. He again asked why proceed now in view of the unanswered questions in the EIR which.is inadequate; why not take time to get answers to the questions. He commented that this type of project will trigger a review by ABAG because of the regional `factors involved. He concluded by stating that his objections to the EIR- remain as previously stated. Page 9. August 19, 1974 City Manager, Callinan advised that the Council must sat- isfy itself that the EIR is adequate; that the city does have a program for sewer, water, and like facilities even though it might not be reflected in the Davis report in a manner that would suit all individuals. Discussion followed with City Attorney Flitner instruct- ing the Council that the state guidelines state that the long term must be considered; that court decisions have said all state guidelines must be followed but they do not instruct how to vote; that a project can proceed even though there are adverse environmental impacts; and explained that the guidelines provide that the EIR must be certified as having been completed in compliance with the California Environmental Quality Act and the State Guidelines. Mayor Beary advised the aUtJiPnnP th;;t M-_ Coomes was rep- resenting the City of Santa Rosa and the Santa Rosa Urban Renewal Agency in appealing the Planning Commission action on the EIR. Councilman Hopkins' motion to adopt Resolution No. 74-119 by title was unanimously approved by the following roll call vote: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary NOES: (0) None Councilman Eck stated for the record that Del Davis had done a superb job in providing information; that this was the best,EIR he has seen done for the City of Rohnert Park, Rezonings, Files 0359, City Manager Callinan advised that the Codding Enter- 0336A, and 0358 prises rezoning application was in conformity with the General Plan; that the Cofego Enterprises rezoning appli- cation would require an amendment to the General Plan as would the Rogers application; that the requirements involved the adoption of a resolution amending the General Plan with introduction of an ordinance following two weeks later to meet requirements of law relating to amendment of the General Plan. File 0359, Codding City Manager Callinan pointed out the Codding Enterprises Enterprises, Rezoning property on the General Plan Map on display, subject of Application the rezoning application. on File 0359, Codding Enterprises rezoning application for approximately 127 + acres west of U.S. 101 Freeway from "All to IICR-PD" and "ML-PD". Page 10, August 19, 1974 Mr. Hugh,Codding was recognized. He expressed apprecia- tion to Mr. Coomes for being so'concerned about having to pay taxes on the property. He advised that he had been working with staff for several years and would now like to see the property's zoning conform to the General Plan and urged the.Council to introduce and ordinance to accomp plish same. Mr. Joseph Coomes was recognized. He advised he was appearing'on behalf of the City of Santa Rosa and the Santa Rosa Urban Renewal Agency and objected to the rezoning on two grounds; (1) that the••City Council does not have an EIR that is adequate and meets the require - ments of the Califronia Environmental Quality Act; (2) in view of the significant and adverse environmental effects, to proceed with the rezoning at this time would be an abuse of discretion. In response to a question from the Council, Santa Rosa Urban Renewal Agency Director James Burns responded that the Agency's regional shopping center would contain sev- eral 100,000 square feet less of commercial area than before. Councilman Flores commented that no` alternates for ingress and egress „from the freeway had been required for the Santa Rosa project. Mr. Burns responded that some streets would be closed and therefore others would have to be widened. Mr. Jan Kravitz, resident of Cotati and representing the R.ohnert Park Community Interest Agency was recognized. He commented that the two cities are becoming polarized; that he does not think the EIR process is a good one, but that Rohnert Park's EIR process had come a long way, for instance since Shapell where some alteration of the land was done; before the EIR process was completed; that he would hate to see the land rezoned right now; asked if alternative land uses had been considered in the last two weeks and suggested that a study zone might be cre-- ated ;.pointed out the document on the wall of the Council Chambers (Declaration of Independence) written by Thomas Jefferson who was very concerned with land use; suggested that the matter be put to a vote of the people since Mr. Codding had said he did not want a regional shopping center here if the people did not want it; that the people he had talked to during the last two weeks were not in favor of a regional shopping center; that he would' rather see "federal funds used to renovate the downtown city area. Mr. Pau.l.:Golis was recognized. He asked why the Cofego Enterprises rezoning application had been placed second on the agenda. Staff responded there was no particular reason. VA Page 11. August 199 1974 City Manager-Callinan noted the.correspondence received from Tom Frenaye which was read at the last meeting and also correspondence received from Cofego Enterprises sub- sequent to the last meeting. There being no one further desiring to be heard, Mayor Beary declared -the public hearing -closed. Councilman Eck made a motion, seconded by Councilman 'Smith, that the subject property be left in an agricul- tural zone with some holding designation on it. Councilman &Feith stated for the record that he the above motion due to (1) statements by Mr. Codding that they are not in a hurry; (2) statement in the Codding Enterprises Annual Report that tenants are still being :sought for Coddingtown; and (3) the finding in the EIR that there is not the market to sustain a regional shopping center. IiiVresponse to a question from the Council, City Attor- -ney Flitner.qdvised that ,tie subject property could be P11-t i4_a 161ding zone so ong as it was clearly stated as a holdil. ng..zone;, - that;the -zoning does not have to be exactly like the General' Plan but generally like it; and that the holding zone would have to be a less intense use than called, for by the General Plan. Discussion followed. In response -to a question from the Council, Mr. Codding gave a brief history of the development of Coddingtown and indicated it took approximately 9 years to reach its present state; that he was talking about perhaps a Longs Drug Store and a Lucky Store initially for Rohnert Park and indicated he had letters.of interest from those two businesses; that it was approximately 7 years after Coddingtown was opened for business before the Emporium opened and then Penneys followed a little later; that the success or failure of the Santa Rosa Urban Renewal Agency project had a definite bearing on his project; that the Urban Renewal Agency is proposing to double the amount of. commercial area by commencing hearings in the near future; and commented that many of the stores in the downtown area of Santa Rosa were vacant prior to the earthquake; Mr. Codding further commented that everyone involved with his property, ,including ,the bond holders, had been assured that the General Plan designated the property as commer- cial, that there are many letters of interest on file with the City from businesses, including Sears and Macys. He .urged the Council to -rezone the property commercial in accordance with the General, Plan. Councilman Smith withdrew his second to Councilman Eck's motion because Codding had incurred expenses on the prop- erty over the years, and indicated if Codding is willing Page 12. August 19, 1974 to take the tax bite and the gamble that he is willing to gamble with him. Councilman Eck's motion died for lack of a second. Ordinance No. 241 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map Change - Codding Enterprises, File No. 0359) Councilman Flores made a motion, seconded by Councilman Hopkins, to introduce Ordinance No. 241. Councilman Flores stated for the record that he made the above motion being -very much aware of the comments made, that he agreed with some but not all of them; that the Santa Rosa Urban Renewal Agency will probably be completed, the shopping centers in Petaluma will probably continue, and that it seemed highly unlikely that a regional shop- ping center in Rohnert Park would develop immediately but would grow with the community. Councilman Flores' motion was approved by the following Toll call vote: AYES:l, (4) Councilmen Flores, Hopkins, Smith, and Beary NOES:: (1) Councilman Eck Councilman Eck stated for the record he voted no because he does not "feel -there is a need for the zoning now and feels that a holding zone would greatly increase options in the future. Councilman Smith stated for the record his previous remarks supported his vote. File 0336A, Cofego Councilman Hopkins asked City Attorney Flitner about the Enterprises Appli- possibility of conflict of interest since he had been cation for Rezoning named as a defendant in a lawsuit filed by Cofego Enter - and Amendment to the prises and commented he felt if he voted yes it could General Plan be said that he had been intimidated and if he voted no some might feel he was being vindictive. "City Attorney Flitner advised that there is no contractual interest present and the Government Code does not really cover non- contractual matters; that the Council members must be guided by their individual consciences; that if they are of the opinion they cannot vote impartially or that the suit had prejudiced them, then there would be grounds to abstain. Mayor Beary declared the public hearing continued from August 5 open on File 0336A, Cofego Enterprises applica- tion for rezoning and amendment to the General, Plan of approximately 92+ acres. Page 130 August 19, 1974 City Manager Callinan noted the communications received and:read at the last meeting from Tom F'renaye and those received for this meeting from Cofego Enterprises. M.P. Callinan explained the Cofego Enterprises map sub- mitted, a map reflecting the Planning Commission recom- mendations, and a map reflecting staff recommendations, all of which were on display, and advised that staff felt the adjoining property owner (Sierra Bank) needs to be protected, pointing out that.the applicant's map only reflected one cul -de -sac to serve said adjoining property. Mr. Callinan explained that.the Planning Commission's recommendations would require an amendment to the General Plan which would involve the adoption of a resolution amending the General Plan with introduction of an ordi- nance following two weeks later to meet requirements of law relating to amendment of general plans- Mr. Paul Golis, Cofego Enterprises, was recognized. He commented that the Council had just rezoned the Codding property even though Mr. Codding had been reclutant to have the rezoning and had no plan on file; yet Cofego has had people wanting to build since last October and had had plans on file.for some years. He asked who the t4staff" was. City Manager Callinan responded that he and Planning Director. Skanchy were the "staff" but that he would take the blame or credit. Councilman Smith also responded that since City Manager Callinan-is the chief administrative officer of the city the Council looks to him for recommendations and they are considered. Mr. Golis continued, commenting that things looked pretty optimistic last fall; the Planning Director, not Mr. Callinan, issued McDonalds a negative declaration then suddenly Paul Skanchy told him they had to have an EIR; he appeared before the Planning Commission and stated he would withdraw everything else if McDonalds could be pursued but the Planning Commission refused and again stated he would have to have an EIR; he was advised by Paul Skanchy that the city would get three bidders for preparation of the EIR; then Codding was also required to join in the EIR; then three bids were solicited; Paul :Skanchy decided to obtain more bids and finally got a high bid somewhere around $23,000; Paul Skanchy then finally decided the applicant could choose a firm to prepare an EIR after being delayed for several mnnthq antj Del Davis Associates was engaged; that his relationship started out with Paul Skanchy on a very harmonius note but all his decisions were arbitrarily changed by City Manager Callinan; then they got into a colloquy regarding Page 14. August 19, 1974 the location of Hunter Drive; that he, Paul Skanchy, and John Gilligan had a meeting to go over the map and if Paul Skanchy says he did not recommend C-R zoning for McDonalds it is not true; that he has a letter from Paul Skanchy approving the construction of Hunter Drive up to this point (pointing to a,place on his map approximately half way between Commerce Blvd. and the railroad tracks); that he was prepared to start construction of Hunter Drive .last fall; had an insurance company ready to proceed as well as McDonalds and Taco Bell, then they mysteriously ­backed off; that he protested the entrance of Rohnert Park into the Santa Rosa Urban Renewal Agency project and now Cofego was bearing the brunt of that action; that these services have been prevented from coming here by 11staff" and I it becomes fairly obvious that Cofego Enter- prises is being delayed because he is involved in it and any further delay continues to be arbitrary and capricious; that the decision to change the zoning to PA-PD was because of partiality to the other property owner involv- ed; he recommended that the Planning Commission's recom- mendations be approved and submitted that it was not an amendment to the General Plan. ;Councilman 'Flores commented that Mr. Golis had indicated that Codding did-not want an EIR on his property; that probably Q'out of 10 do not want an EIR and if government regulations did not require them, they would not be done. He further commented that the,Santa Rosa Urban Renewal Agency had every right to speak to the matter; that the recommended EIR contract'had,.been brought before the City council but.it was . agreed that Del Davis Associates would be satisfactory to the city as low bidder; that the City Council could not rezone the property until the EIR matter was,settled. Mr. Golis commented regarding the library site and the alignment of Hunter Drive; that he had been advised that the road alighment would not be changed until after it ,passed the library site; he further commented that the city is building a corporation yard without an EIR and that many people are building in Rohnert Park without EIRs. Mayor Beary stated that the City,Council is in no way out.to hinder Cofego Enterprises. Mr. Joseph E. Coomes,' on behalf of the City of Santa Rosa and the Santa Rosa Urban Renewal Agency, objected to the rezoning on two grounds; (1) that the C ity Council does not have an EIR that is adequate and meets the requirei . nents-of the California Environmental Quality Act; (2) in view of the significant and adverse environmental effects, to proceed with the rezoning would be an abuse of discretion. Page 150 August 19, 1974 11r. Golfs. stated -that the problem is that the city has no zoning for a "community center"; that the only zoning the city has that would accommodate that use is C-R. Mr. Jan.Kravitz was recognized. He commented that McDonalds uses enough energy to run three cities -the size of St. Louis in their franchises around the country; he displayed an advertisement from the Rohnert Park News and pointed out some misleading statements in the ad which referred to jobs for local people, sales tax revenues and property tax revenues, he commented this shows the power of a developer when he controls the press. There being no one further desiring to be heard, Mayor Beary declared the public hearing closed. In response to a question from the Council, City Manager Callinan stated there were improvement plans for Hunter Drive with engineer Hudis, but it was staff's position there was no need for a road to no where, but Mr. Golfs had kept insisting the plans be checked and they had been referred to Endneer Hudis for checking approximately 3.0 days ago. In 'response to another question from the Council, Mr. Callinan advised that staff recommendations reflected on the map displayed were not presented to the Planning Commission explaining that he had not been involved until the matter came to the Council level and he did not feel the plan approved by the Planning Commission conformed to the General Plan; that staff does not agree with the Planning Commission finding that the General Plan is that general; he further explained -that the road next to the railroad tracks should be included in any approved plan. Councilman Smith made a motion to rezone the subject property perty in accordance with staff recommendations as reflected on the map displayed to the far left with the finding that amendment to the General Plan was not requir- ed. Councilman Flores seconded the motion by ameAding-it to reflect the parcel for McDonald's be rezoned to "CR-PD" ratlier than "PA-PD" as recommended by staff. Discussion followed with Councilman Smith pointing out that File 0336A and 0353 were commingled and asked if they could be considered simultaneously. City Manager Callinan advised that if the rezoning was to be for both applicants then the public hearing on File 0358 should be held. Mr. Golfs commented that if staff is going to make a recommendation different from -the Planning Commisslon, the matter should go back to.the Planning Commission. City Attorney F-litner advised that the Planning Commisw sion is an advisory and.fact finding body; that the Council must consider all the evidence in making a decisicn. Mr. Flitner also commented that he had been at the Plan- Page 16. August 19, 1974 ning Commission meetings and it was his recollection that Planning Director Skanchy had disagreed with the Planning Commission recommendations on this matter. Mr. Pat Taylor, 488 Alta Avenue,.was recognized. fie asked why staff prepared a plan to conform to the General Plan then have a PA -PD district that did not conform to the General Plan. City Manager Callinan responded that the plan referred to on display does conform to the General Plan and that the pink paper denoting the PA -PD was an overlay which he demonstrated. Dr. Alice Simpson of Santa Rosa was recognized. She asked why it was so important to conform to the General Plan and suggested that the Council decide which plan is better and, if necessary, amend the General Plan. Councilman Smith restated his motion to rezone the sub- ject property in accordance with the map on the far left (which reflected staff recommendations) with findings that it is in sufficient conformity with the General Plan to not require amendment to the General Plan. City Manager Callinan pointed to the map on the far left and asked if the parcel for McDonald's was intended for CR «PD zoning as stated earlier. Councilman Flores clarified that he withdrew that amendment to the earlier motion and the rezoning was to be as staff had recommended; i.e. with PA -PD rezoning for McDonaldts proposed site. Councilman Smith's motion was approved by the following roll call vote: AYES: (3) Councilmen Flores, Smith, and Beary NOES: (2) Councilmen Eck and Hopkins Ordinance No. 242 AN ORDINANCES AMENDING ORDINANCE NO. 63 (Zoning Map Change - Cofego Enterprises, rile No. 0336A) Upon motion of Councilman Smith, seconded by Councilman Flores, and approved by the following roll call vote, Ordinance No. 242 was introduced: AYES: (3) Councilmen Flores, Smith, and Beary- NOES: (2) Councilmen Eck and Hopkins File 0358, Jimmie City Manager Callinan advised that again staff d..isagreed Rogers, Application with the Planning Commission recommendati.on for File No. for Rezoning and 0358 and pointed out the subject Property on the maps ,Amendment to the displayed. General Plan Page 17. August 19, 1974 Mayor, Beary declared the public hearing continued from August 5 open on File 0358, Jimmie Rogers application for rezoning and amendment to -the General Plan of approxi- mately 11.8 acres. City Manager Callinan noted the communication received from Tom Frenaye which was read at the August 5 meeting. Dr. Alice Simpson commented regarding concerns expressed over taking apartments off Commerce Blvd. yet putting them on Hunter Drive. There being no one further desiring to be heard, Mayor Beary declared the public hearing closed. In response to a question from the Council, City Manager Callinan pointed out the boundaries 6f the subject prop- ertv and advised the property does not -touch Hunter T)*,, - Betty Brooks, 451 Alta Avenue, asked who would build the road; i.e. Hunter Blvd. Staff responded that the property owner would pay for the road. Mrs. Brooks then asked about the increase in density from the application as filed. Staff explained that the density had been reduced and briefly explained the RM-800 and RM-2000 classifications. Councilman Eck asked if the subject property had con- tributed.to the cost of the EIR preparation. Mr. Del Davis of Del Davis Associates explained that in preparing an EIR the specific area is to be considered and any property that has a significant bearing on it and that was the reason for including this property in the Codding Enterprises and Cof.ego Enterprises EIR. Mr. Golis commented that the Council's rezoning of the Codding property would stop any department store from locating on the Cofego property. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved by the following roll call vote, the Rogers' application property will be rezoned as recommended by staff with PA-PD zoning on -the front 3509 and RM-2000-PD on the remainder: AYES: (5) Councilmen Eck, Flores, Hopkins, Smith, and Beary NOES.- The Council indicated that the zoning to PA-PD on a portion of the property should be considered as an amendment to the General Plan. Page 18. August 199 1974 Resolution No. 74 -120 A RESOLUTION OF TIME ROHNERT PARK CITY,COUNCIL AMENDING THE GENERAL PLAN OF THE CITY OF ROHNERt PARK (File 0358, Rogers Rezoning) Upon motion of Councilman Hopkins, seconded by Councilman Smith, and unanimously approved,- Resolution No. 74 -120 was adopted by title. Recess Mayor Beary declared a recess at this.point in the meet - ing, the time being approximately 11:15 p.m. Reconvene Mayor Beary reconvened the meeting at approximately 11 :25 p.m. with all Councilmen present. Parks and Recreation Mayor Beary announced that the Parks and Recreation Commission Matters Commission matters would be considered next since a Commissioner Tina Helgren,was,maiting in the audience. City Manager Callinan advised that those items listed on the agenda were for informational purposes only and copies of the Commission communications on same had been provided to each member of the Council. Commissioner Tina Helgren advised that she had no comments 44lon the items and did not realize they were for informa -- tion o ly. File 0371, Wilshire City Manager Callinan pointed out the location of the Company, Rezoning subject property on the General Plan map and explained Application the site plan map, both.of which were on display. He advised that the Planning Commission had recommended that the property be rezoned to ML -PD.on the west side of the proposed road as depicted on the,,site plan. Mayor Beary declared the scheduled,public hearing open on File 0371, Wilshire Company9 rezoning application for approximately 9.5 acres on East side of U.S. 101 north of Golf Course Dr. from "A" .to v9ML -PD ". City Manager Callinan advised that notice of the public hearing had been published in the local newspaper and mailed to property owners in the area of the proposed rezoning. There being no one desiring to.be_,heard and no corre- spondence received, Mayor Beary declared the public hearing closed. Councilman Hopkins made a motion, seconded by Councilman Flores, to grant the zoning as recommended by the Plan- ning Commission with the finding.:that it is in conformity with the General Plan. Discussion followed during which City Manager Callinan advised that he had participated in'some of -the discussions on the rezoning application and had recommended that strict,Covenants, Conditions, and Restrictions be imposed on the development because the property is visible from the overpass. Page 19. August 19, 1974 Further discussion followed.concerning the Planning Com- mission's Negative Declaration for the project during which staff advised the Co I mmission had determined no EIR would be required because the property was-contiguous to property on which an EIR had been filed® Councilman Eck made a motion, seconded by Councilman Smith, to table the matter to the next meeting. Said motion failed by the following Poll call vote: AYES: (2) Councilmen Eck and Smith NOES: (3) Councilmen Flores, Hopkins, and Beary Councilman Eck stated for the record he made the above motion * because he did not have all his questions answered to his satisfaction regarding an EIR and was not certain the rezoning con-onn fnnmc Councilman Flores stated for the record that he concured with the conclusions reached by the Planning Commission, with reference to this particular parcel in that it does conform to the General Plan.' Ordinance No. 243 AN ORDINANCE AMENDING ORDINANCE NO. 63, ZONING ORDINANCE (Zoning Map Change - Wilshire Company, File 0371) Upon motion of Councilman Hopkins, seconded by Councilman Flores, and approved by the following roll call vote, Ordinance No. 243 was introduced: File-0355, Proposed Amendment to the Zoning Ordinance to Limit Number-of Small, Farm Animals it Single Districts AYES: (3) Councilmen Flores, Hopkins, and Beary NOES: (2) Councilmen Eck and Smith Councilman Eck stated he would still like to have fur - Cher information on the EIR matter just for his own in- formation. Mayor Beary declared the public hearing open on File No. 0355, proposed amendment to the Zoning Ordinance limiting the number of 'small farm animals that can be kept in single family-residential districts. City Manager Callinan advised that notice of the public hearing had been published in the local newspaper and read a portion of the proposed ordinance. There being, no one desiring to be heard and no communi- cations received, Mayor Beary declared the public hearing closed* Ordinance No. 244 AN ORDINANCE`AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Re, number of small farm animalls, allowed in 'Single Family'Residential Districts) Page 200 August 199 1974 Upon motion of Councilman Hopkins, seconded by Councilman Smith, and approved by the following roll call vote, Ordinance No. 244 was introduced: AYES: (4) Councilmen Eck, Flores, Hopkins, and Smith NOES: (1) Mayor Beary Codding Enterprises City Manager Callinan read a hand written note from Hugh Offer_- of 15 Acres Codding which reflected that the offer of 15 acres on on West Side of Freeway the west of the Freeway was still open and that he would for Civic Center discuss it further with staff. Mr. Callinan commented that Mr. Codding had to leave due to his wifets surgery and that the matter would be scheduled for discussion at the next regular meeting. Undergrounding Utility City Manager Callinan advised that P.G. & E. representa -- Report by P.G. & E. tive Ralph Fitch was on vacation and his report would Representative Ralph be scheduled for the next regular meeting. Fitch Tennis Court City Manager Callinan reminded that the dedication Dedication ceremonies for the new tennis courts in Alicia Park would be held at noon, August 23. Site for Scout Hut City Manager Callinan requested that his report on a site for a Scout but be deferred to the next regular meeting. Countywide Library Mayor Bea.ry advised that at the last Mayors' and Council - Agreement ments Association meeting it was noted that changes will be proposed in the County -wide Library Agreement by Santa Rosa and Petaluma regarding the desirability of the existing.draft of agreement. Fire Services Pick -up City Manager Callinan advised that Western Motors was the Bids low bidder for a Fire Services pick --up, but Western Motors had advised earlier in the day that its bid did not include sales tax, but since the specifications cal - led for the inclusion of sales tax Western Motors would be contacted and requested to honor its bid assuming the Council had no objections. A brief discussion followed regarding the necessity of a 3/4 ton vehicle. Fire Services Commander Bick was present and advised that a 3/4 ton vehicle was recommended so water could be carried as well as other fire fighting equipment; that the vehicle could be used as a secondary brush truck. Upon motion of Councilman Hopkins, seconded by Councilman Flores, and unanimously approved, purchase of a Fire Services pick -up from Western Motors was approved subject to said firm honoring its bid. Ordinance No. 239 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TEXT OF ORDINANCE NO. 63, ZONING ORDINANCE (Re terms of Planning Commission Members) Page 21. August 19, 1974 City Attorney Flitner read the ordinance. Upon motion of Councilman Smith, seconded by Councilman Eck, and approved by the following roll call vote, Ordinance No. 239 was adopted: AYES: (4) Councilmen Eck, Flores, Hopkins, and Smith, NOES: (1) Mayor Beary Golis Lawsuit City Attorney Flitner advised that the city's insurance carrier would defend any city staff and /or officials named as defendants in the Golis lawsuit with the excep- tion of any award for malice or fraud. AB 2040, Bay Area City Manager Callinan noted that the Council had request- Regional Planning ed that AB 2040 be placed on the agenda. The Council Agency indicated that since it was now a dead issue there was no need to consider it. Designating Delegate Discussion was held on designation of a delegate to the to Sonoma County Sonoma County City- County Policy Committee after which City- County Policy Councilman Hopkins was designated as said delegate since Committee he is a LAFCO representative. Report of L Section Councilman Flores read the report of the L Section Ad Hoc Ad.Hoc Committee Committee and explained it had been completed late in the afternoon and therefore there was not time to provide a copy to each Councilman, Councilman Eck reviewed the cost estimate for the recom- mended projects. He advised it was the Committee's recommendation that the Council adopt and approve priori- ties 1, 2, 3, 4, and 6 and begin immediate implementation; that priorites 5 and 7 be discussed during October at a town meeting to be held at the Ladybug Park Community Center; and that copies of the report be sent to the Parks and Recreation Commission for their information. Discussion followed. Upon motion of Councilman Smith, seconded by Councilman Eck, and unanimously approved, the report was accepted and referred to staff with the request that funding infor- mation be provided and that copies of the report be pro - vided to the Parks and Recreation Commission for their use as a model. Founder's Day,Parade Councilman Flores reminded the Council that the Founder's Day Committee was preparing cars with signs for the Council to participate in the Founder's Day Parade and requested that if'anyone finds he cannot parti- cipate to notify the Committee as soon as possible. Golden Gate Bus Councilman Smith initiated a brief discussion concerning Service improved Golden Gate Bus service. Affirmative Action Program Lights on Tennis Courts Additional Precinct in L Section College Football Stadium Page 220 August 19, 1974 Upon motion of Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, the planned improve- ments in Golden Gate Bus service were endorsed and approval of same recommended:to the Sonoma County Board of Supervisors. Councilman Smith advised he would discuss the relocation of bus stops with staff. Councilman Smith initiated a brief discussion regarding an Affirmative Action Program. Upon motion of Councilman Smith, seconded by Councilman Flores, and unanimously approved, staff was requested to review the city's recruiting policies to make certain they do not preclude minorities and females from apply - ing. City Manager Callinan noted that the League of California Cities was preparing guidelines for an Affirmative Action Plan. Councilman Smith initiated a discussion regarding the possibility of installing lights on the new tennis courts at Alicia Park. Upon motion of Councilman Smith, seconded by Councilman Flores', and unanimously approved, staff was directed to return in two weeks with a project for lighting the tennis courts at Alicia Park. Councilman Eck initiated a discussion concerning the need. for an additional election Irecinct.in L Section. Upon motion of Councilman Eck, seconded by Councilman Hop kins, and unanimously approved, staff was directed to send a letter to County Clerk Eugene Williams requesting that a second precinct be established in L Section. Councilman Hopkins advised he had met with College President Dr. Wagner regarding the football stadium at the college and its possible use for community football games and other events and commented she seemed to be more responsive to the idea than anyone he had encounter- ed previously. Telecasting of Founders Mayor Beary inquired about the status of Storer Cable TV Day Parade televising the Founder°s.Day Parade. City Manager Callinan responded he had referred the matter for coordi- nation with Storer to Chet Crowley, Founder's Day Committee Chairman, and that arrangements were being made for televising said parade, Adjournment There being no further business, Mayor Beary adjourned the APPROVED: Mayor Page 23 August 19, 1.974 meeting at approximately 12:30 a.m. Deput_ City 3