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1978/07/10 City Council MinutesROHNDRT PARK CITY COUNCIL MINU'T'ES July 10, 1978 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 Vice -Mayor Roberts presiding. Call to Order Vice-Mayor Roberts called the meeting of the regular session to order at approximately 7:05 p.m. and led the pledge of allegiance. Roll Cali Present: (4) Councilmen „Beary, Carbone, Stewart (whose time of arrival is.specifically noted in these minutes), r and Roberts.. Absent: (1) Mayor Hopkins Staff present for all or part of the meeting: City Manager Callinan, City Attorne.y,Flitner. (whose time of arrival is specifically noted in these minutes), and Planning Director Skanchy Approval of Minutes. Upon motion of Councilman Carbone, seconded by Councilman Beary, and unanimously approved, the minutes of June 26th and;July 5th .were approved as submitted. (Note: Furtheron Councilman Stewart corrected the minutes of June 26th). Approval_of Bills Upon motion of Councilman Carbone, seconded by Councilman Roberts,.and unanimously _approved, the bills presented per the attached list in the amount of $365,797 were approved. Said total includes $1,350 for the Rohnert Park Civic Commission. C.0,N S E N C A L E N D A R City Manager Callinan referred the Council to his memo dated July 6, 19,78 to the City Council for explanation of all the - matters on the Consent Calendar. Resolution No. 78 -88 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM OF,RICHARD J. THIBODEAU Resolution No. 78 -89 RESOLUTION AUTHORTZIYtG RELEASE OF SUBDIVISION BOND FOR SUBDIVISION NO. 9, UNIT A Resolution No. 78 -90 RESOLUTION ACCEPTING GRANT DEED (Landscaping, Irrigation, and Pathway, Parcels A, B, C, & D, Mountain Shadows Subdivision Unit 1) Resolution No. 78 -91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN (File No. 0609, Maurice Abend; File No. 0610, Convention Center Inc.) Ordinance No. 353 AMENDING ROHNERT PARK MUNICIPAL CODE, TITLE 17 (Zoning Map Change, A.P. No,143- ..000.67, File No. 0593, 6 Acres on Santa Alicia DrIve to Multiple Family Residential, Planned Unit Development) Page 2 July 10, 1978 Ordinance No. 354 AMENDING ROHNERT PARK MUNICIPAL CODE, TITLE 17 (Zoning Map Change,, A.P. No. 1431 - 020 -49, File No. 0609, 8.23 Acres on West Side of Commerce Boulevard, North of Hinebaugh Creek, to.Comme.rcial,Regional, Planned Unit'Development) Ordinance No. 355 AMENDING ROHNERT PARK MUNICIPAL CODE, TITLE 17 (Zoning Map Change,,, Aq_P. No. 160.010 -09. File Nu.. 0610, 10.47 Acres North of Golf Course Drive to Commercial Recreational, Planned Unit Development) Upon motion.of Councilman Beary, seconded by Councilman Carbone, and unanimously approved, reading of Resolution Nos. 78 -88 'through'78 -91 and Ordinance Nos. 353 through 355 was waived and said resolutions and ordinances were adopted. Agenda Schedule Vise- Mayor,Roberts explained that because the City Council was ahead of the time shown for agenda items, "Other Resolutions for 'Adoption" would be considered at this time. Resolution No. 78-92 RESOLUTION APPROVING AGREEMENT WITH COUNTY OF SONOMA AND OTHER SOMOMA COUNTY CITIES.-RE. COMPUTERIZED WARRANT OF ARREST SYSTEM City(anager Callinan, referring to.his July 6th memo, explained the resolution. Upon motion of Councilman. Carbone,'s,econded by Councilman Beary, and unanimously approved, reading of Resolution No. 78-92 .was waived and`s•aid.resolut?Pn was adopted. City Attorney Flitner City Attorney Flitner arrived,at this point in the meeting, Arrives the time being approximately 7:15 p.m. Policy Re. Conversion City Manager Callinan suggested that consideration of the pro- of Apartments to posed interim.policy concerning conversion of condominiums be Condominiums continued until later in the`moeting when Councilman Stewart, who had an alternate resolution to' present for the Council's consideration, and Robert Harris; who had appealed the Planning Commission's decision concerning conversions of the existing 48 unit fourplex development`on Santa Alicia Drive to `a condo- min sum development; were present. The City Council agreed that consideration relative to establish ing a policy concerning converting apartment units to condominiur, units would be deferred until later in the meeting. Resolution No. 78 -93 RESOLUTION OF THr "tIT'Y OF ROHNERT PARK MAKING APPLICATION TO THE SONOMA LOCAL AGENCY FORMATION COMMISSION REQUESTING .INITIATION OF PROCEEDINGS FOR A DETACHMENT PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 City Manager Callinan, referring to his July 6th memo, explained the resolution. Upon motion of.Councilman Carbone, seconded by Councilman Beary, and unanimously approved', reading of Resolution No. 78 -93 was waived and said resolution was adopted. Page 3 July 10, 1978 Resolution No. 78- 94.., RESOLUTION OF THE CITY OF ROHNERT PARK MAKING APPLICATION TO ..THE SONOMA LOCAL AGENCY FORMATION COMMISSION REQUESTING INITIATION OF PROCEEDINGS FOR A DETACHMENT PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 City Manager Callinan, referring to his July 6th memo, explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Beary, and unanimously approved, reading of Resolution No. 78 -94 was waived and said resolution was adopted. Resolution No. 78 -95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING MEMORANDUM OF AGREEMENT WITH ROHNERT PARK PEACE OFFICERS' ASSOCIATION City Manager Callinan, referring to his July 6th memo, explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Beary, and unanimously approved, reading of Resolution No. 78 -95 was waived and said resolution was adopted. Communication re. City Manager Callinan informed that a communication had been State Surplus received from a Mill Valley resident commending Rohnert Park for its decision "whi.ch, in effect told the state it didn't want any share of state surplus monies because there were too many strings attached to it. Resolution No. 78 -96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING MEMORANDUM OF AGREEMENT WITH SONOMA COUNTY ORGANIZA- TION OF PUBLIC EMPLOYEES Ca,,ty.Manager Callinan, referring to his July 6th memo, explained the resolution.' Upon motion of Councilman Carbone, seconded by Councilman Beary, and unanimously approved, reading of Resolution No. 78 -96 was waived and said resolution was adopted. Communications Communications per,the attached outline were brought to the attention of the City Council. No action was taken on any communications except as specifically noted in these minutes. Sonoma State College,... City Manager Callinan, at the Council's request, explained Detachment from Penn- discussions held with the Executive Officer of the Sonoma Local grove Fire District Agency Formation Commission regarding the possibility of detach- ing the,Sonoma State College site.from the Penngrove Fire Dis- triot and annexing same to the City of Rohnert Park." Discussion followed concerning the feasibility and /or desirability`'of having- Sonoma State College within Rohnert Park's jurisdiction. City Manager Callinan indicated that staff, per the Council's directive, would..research the possibility of receiving renumera- ...tion from the state for providing fire protection services to Sonoma State College. Proposed Stop Sign City Manager Callinani informed that the results of a survey on Santa Dorotea conducted by the Department of Public Safety determined that - ^; �^ ^1 any Dawn Sonoma State College Detachment from Penn - grove Fire District Federal General Revenue Sharing Hearing Results Councilman Stewart Arrives only one resident in the area or Santa DvroLea �y _ e � . Drive was in favor of installation of stop signs on Santa Dorote; Circle at said intersection. City Manager Callinan confirmed that as a result of the Council` earlier discussion staff would research the possibility of the city receiving reimbursement from the state for providing emer- gency public safety services to Sonoma State College. City Manager Callinan informed that as the city's administrativE officer he had conducted a`public hearing prior to the City Council's regular meeting in order to solicit citizen input concerning use of Federal General Revenue Sharing Funds. He reported that a communication had been received suggesting that $16,000 be used for pre- school programs and Mr. Jack Behl, reprf senting the Cultural Arts Corporation, had recommended that $100,000 be set aside to develop a` amphitheatre in Benecia Par Councilman Stewart arrived at this point in the meeting, the time being approximately 7030 p.m. Page 4 July 10, 1978 County Dump Fees Discussion was initiated concerning a letter received from Redwood Empire Disposal Corporation relative to the County of Sonoma increasing county dump fees. Upon motion of Councilman Carbone , seconded by Councilman Beary" and unanimously approved, the City Council went on record as 'expressing its opinion that the county refuse disposal sites should be operated by private enterprise. Coming Events Sign John DeClercq, representing the Cultural Arts Corporation, was recognized and solicited the Council's approval to locate a "coming events -sign" on' 'Commerce, "Boulevard opposite the City Offices. He informed that the Planning Commission had approved the sign, its design and location. Upon motion of Councilman Beary seconded by Councilman Carbone, and unanimously approved, the City Council approved the "coming `events sign" as described by­Mr..DeClercq. Proposed 19 78p79 City C lli.nan informed that to make certain that the �.�. �y Manager ..a Sharing regulations Budget city complies with Federal General.Revenue the Proposed 1978- two public hearings were scheduled concerning 79 Budget, one at this meeting and "one at the July 24th meeting, and that notice had been given by publication of articles in various newspapers. Vice -Mayor Roberts opened the public hearing to receive input concerning the proposed budget for fiscal year 1978 -79. There being no one desiring to be heard, Vice -Mayor Roberts closed'-the pubiid%hearing. City Manager Ca113knan advised that another public hearing would be conducted at the Council's July 24th meeting and that copies of-the proposed "`budget were �evai:l hble for any interested indi- viduals from the City Offices. Proposed Stop Sign City Manager Callinani informed that the results of a survey on Santa Dorotea conducted by the Department of Public Safety determined that - ^; �^ ^1 any Dawn Sonoma State College Detachment from Penn - grove Fire District Federal General Revenue Sharing Hearing Results Councilman Stewart Arrives only one resident in the area or Santa DvroLea �y _ e � . Drive was in favor of installation of stop signs on Santa Dorote; Circle at said intersection. City Manager Callinan confirmed that as a result of the Council` earlier discussion staff would research the possibility of the city receiving reimbursement from the state for providing emer- gency public safety services to Sonoma State College. City Manager Callinan informed that as the city's administrativE officer he had conducted a`public hearing prior to the City Council's regular meeting in order to solicit citizen input concerning use of Federal General Revenue Sharing Funds. He reported that a communication had been received suggesting that $16,000 be used for pre- school programs and Mr. Jack Behl, reprf senting the Cultural Arts Corporation, had recommended that $100,000 be set aside to develop a` amphitheatre in Benecia Par Councilman Stewart arrived at this point in the meeting, the time being approximately 7030 p.m. Page 5 July 10, 1978 Cities-School City Manager Callinan suggested that the Council members might Districts'Co- give some thought as to the future role of the Cities-School ordinating Committee Districts Coordifiating Committee because as of July lst the Cotati-Rohnert Park School District and. the Petaluma High School District were replaced by the unified school district. Nursery Stock City Manager Callinan informed that a resident had inquired concerning the city's selling unused nursery stock and solicited Council direction regarding game. Discussion followed. Correction to Minutes of June 26 Discussion followed. The Council directed that a compilation of Councilman Robert's and Stewart's resolutions be prepared by staff and scheduled for the Council's consideration at its July 24th meeting. Councilman Stewart noted for the record that page 10 of the 'June 26th minutes should reflect that she "abstained" from voting on the imposition of an additional 1t sales tax to sup- port libraries. The City Council authorized staff to sell nursery stock to interested residents at a price that would cover the city's cost for purchasing, transporting and care of same. Policy Re. Conversion City Manager Callinan reviewed a resolution which would establish of Apartments to an interim policy concerning converions of condominiums which Condominiums was presented by Councilman Roberts at the June 26, 1978 meet - ing. :Discussion followed. City Manager Callinan City Manager Callinan left the Council Chambers at this point Leaves and Returns in the meeting, the time being approximately 7:40 p.m. and returned at appoximately 7:43 p.m. Resolution No. 78-97 RESOLUTION OUTLINING POSITION ON CONVERSION TO CONDOMINIUMS Councilman Stewart Presented the resolution and an apartment surveys copy of which are attached to the original set of these minutes, and which City Manager Callinan read. Councilman Stewart made a motion, which was seconded by Council- man Carbone,'to waive the reading of Resolution No. 78-97 and adopt said resolution. Discussion followed between City Council members, with City Manager Callinan participating, comparing both Councilman Robert's and Stewart's proposed resolutions establishing a policy concern - ing the conversion of apartment units to condominium units and various aspects associated with apartment/condominium development. Councilman Stewart's motion to waive the reading and adopt Resolution No. 78.97failed by the following roll call vote: AYES: (2) Councilmen Roberts and Stewart 'NOES: (2) Councilmen Beary and Carbone ABSENT: (1) Mayor Hopkins Correction to Minutes of June 26 Discussion followed. The Council directed that a compilation of Councilman Robert's and Stewart's resolutions be prepared by staff and scheduled for the Council's consideration at its July 24th meeting. Councilman Stewart noted for the record that page 10 of the 'June 26th minutes should reflect that she "abstained" from voting on the imposition of an additional 1t sales tax to sup- port libraries. Discussion followed durIing which City Attorney F.litner advised that, according to,law,; the Planning Commission's decision would prevail because there had been lack of a majority. He informed that he would rule whether or not the matter could be "called up" by 'a Councilman for the Council's consideration at its July 24th meeting, even though there had been no majority. Storer Cable TV,Inc. City Manager Callinan reviewed his July 6th memo to the City Request for Rate Council concerning Storer Cable. TV's request for a rate..,increase. Increase He informed that .he was reluctant to recommend a.pproving.the rate increase because Storer,Cable -.TV had not provided the "show time" or "home box office." feature to the community as had been done in the nearby communities of Santa Rosa and P Petaluma. He explained that once Storer had instituted "home Page 6 July 10, 1978 File No., 028.9 - City,Manager Callinan informed-of Mr. Robert Harris' appeal Robert Harris- Appeal ..to the City Council of the Planning Commission denial of an of Planning.Commission application to convert a 48 unit fo.urplex development on Santa Decision -re. Condo- Alicia Drive into a condominium development. minium Conversion Planning Director Skanchy reviewed the site plan, which was displayed,, and his planning staff report. City Manager pallinan commented that the condominium dwellers might not put up with the ball diamond adjacent to their prop- erty. _ Mr. Robert.H4rris,,5244 Carriage Lane, was recognized and explained that the subject apartment units had originally been built in and were designed as condominium units. He .1973/74 informed that each unit would sell for approximately .$.35_,000- .$40,000 and that he thought the present tenants could., actually pay a lesser price for the units per month than what their rent would be. Mr. Harris described the amount of time to process his application to convert;the..apartment unitseto condominiums. Mr. Harris,,,responding..to Councilman Carbone, said that he would be willing to erect a fence in order to stop the balls from being:a nuisance to the residents.. He informed that.he had not received any complaints associated with the baseball diamond., i.e. noise .or. lights, al though.a.few months ago his manager .,had requested that.the city install a fence to keep the balls from coming=-, over :the existing fence. Councilman Carbone made.a, motion, which was seconded by Council- man Beary.,.to. approve Robert Harris' application to convert a existing 48 unit- fourplex development to a condominium develop- ment subject to those conditions outlined in Planning Director Skanchy -'s staff .reports dated May 17,19 July 17 and with the added capdit.ion (17) that:the applicant pay for installation of a backstop and other alterations, as deemed necessary by staff, to stop balls from.going over,the boundary fence. Said motion failed by the following roll call vote: AYES: (2) Councilmen Beary and Carbone nTnT? c ° (n\ / °l aw Roberts and Stewart unci NOS ABSENT: (1) Mayor Hopkins Discussion followed durIing which City Attorney F.litner advised that, according to,law,; the Planning Commission's decision would prevail because there had been lack of a majority. He informed that he would rule whether or not the matter could be "called up" by 'a Councilman for the Council's consideration at its July 24th meeting, even though there had been no majority. Storer Cable TV,Inc. City Manager Callinan reviewed his July 6th memo to the City Request for Rate Council concerning Storer Cable. TV's request for a rate..,increase. Increase He informed that .he was reluctant to recommend a.pproving.the rate increase because Storer,Cable -.TV had not provided the "show time" or "home box office." feature to the community as had been done in the nearby communities of Santa Rosa and P Petaluma. He explained that once Storer had instituted "home Page 7 July 10, 3.978 box office" service then he would be recommend that the Council grant a 10% increse in the primary connection rate. Mrs. B. J. Carpenter, District Manager for Storer Cable TV, was recognized and outlined increased labor, material, and operating costs', stating that the requested rate increase would be sufficient in order to continue providing the best service, personnel, and equipment. She explained that Storer had already waited one year longer in making its request for a rate increase and requested that the Council approve the proposed rates as outlined in Storer's April 17th letter to the City Council. Mrs.. Carpenter informed that William Schiller, Regional Manager, and Mr. Gary Massaglia, Controller, were present in the audience. She also noted that Page 4 of City Manager Callinan's memorandum showing the chart of "Actual Rates to Users" should reflect Storer's request at $7.25 and not $7.00. City Manager Callinan confirmed the figure,with Storer's April 17th letter. Councilman Carbone inquried as to how Storer could provide "home box.office" without a rate increase. Mrs. Carpenter responded that they could not offer the "home box office" feature without the proposed rate increase. City Manager Callinan expressed that Storer should advertise the "home box.offic.el' feature heavily, he was of the opinion that the .overall subscribers should not subsidize the "home box off ice" feature,'t hat. Storer should provide the service at a rate that was - self- supporting. Mrs. Carpenter asked how Storer could invest in the "home box office ".service if it wasn't ,allowed to earn a fair rate of return. City Manager Callinan explained at the time of the last rate increase, May 1976, Storer had 2,000 subscribers... now there were 4,500 subscribers. He.pointed out tha:t..Storer had gone into the business to provide a service to the community and the city had the responsibility of seeing that the company provided the service that the community and its residents de- sired. Councilman Stewart asked Mrs. Carpenter how much it would cost .to install "home box office" equipment and Mrs. Carpenter responded approximately $1.00,000. Discussion followed between City Council members and City Manager Callinan.., Mr. Thomas Stogdell, 7323 College Avenue, Apt. 17, was recog- nized and informed that he would like to have "home box office" service because of the poor service and scheduling of the Rancho Cotate Theatre. Mr. Joe Rodrigues, 840 Lancewood Court, was recognized and commented that 16% was a significant rate increase and that he agreed with the City Manager. He expressed his understand- ing for requesting a rate increase for employees salaries, Resolution No. 78 -98 Page 8 July 10, 1978 etc.., bu - questioned why Storer should receive a rate increase based on its existing service. He asked what additional service would be.provided in return for the rate increase and asked if the rumor was true that.. "L" Neighborhood was a testing site for all new equipment Generally Mr. Rodrigues was opposed to a rate increase unless better broadcasting performance was provided to the customers in "L44 Neighborhood. Mr. Bill. Reynolds, 6800 Commerce Boulevard, was recongized and expressed.that the issue was whether or not there should be a rate increase which he felt was warranted. Instead, he said, everyone was talking about acquiring the "home box office" feature. He felt that Rohnert Park was way away from the "home box office" feature. Mrs. B. J. Carpenter was again recognized and participated in a,dscussion with the Council concerning billing procedures, duplication of broadcasting, and number of channels offered. Mr..John Able, Technical Manager, was recognized and responded to various questions about plant equipment, that is, boosters and problems associated with poor drainage in the "L" Neighbor - hood. He informed''that 11L11 section was not a "test section" for new equipment. Councilman Beary made.,a motion, which was seconded by Council - man Stewart, to.approypd a rate increase from $6.24 to $7.25 for the Ist household outlet connection, with additional househ hold.outlets' remaining at the rate of $2.00, subject to the contingency that Storer Cable TV provide the "home box office" or ' ".show tme9° feature to its subscribers. Mr. William Schiller, Vice '-President and General Manager of Storer Cable TV, was recognized and,'responding to Councilman Beary, explained.,the. "tie --in" between the microwave transmitter and rec ng eivi, unit. Discussion followed. RESOLUTION APPROVING INCREASE IN STORE R CABLE TV, INC. MONTHLY SERVICE CHARGES With the Council's permission Councilman Beary's motion was ,..� ; ab� ara �, red b p —y the fol lowin Bas u F• �- , o put in the form of a reso�ut g roll. call vote: AYES: (3) Councilmen Beary, Carbone and Stewart NOES: (1) Councilman Roberts ABSENT: (1) Mayor Hopkins Scott Coletti, City Manager Callinan` informed that while he was in the lobby Smalls Claims he was served with papers in connection with the recent deduc- Court tion from Scott.Coletti's payroll - check for reimbursed sick leave. National Advertising City Attorney Flitner informed that National Advertising had Suit filed suit against the city seeking damages in reverse relief in connection with the city's suit to have the billboard sign on the Groom property removed and solicited Council direction concerning the continued defense of the suit. Page 9 duly 10, 1978 City Manager Callinan gave a brief overview of the Council's decision not to renew the use permit for the billboard sign. Upon motion. of Councilman Stewart, seconded by Councilman Carbone, and approved by the following vote, the City Council authorized the continued litigation against National Advertising Co. relative to the billboard sign on the Groom property. AYES: (3) Councilmen Carbone, Roberts and Stewart NOES: (1) Councilman Beary ABSENT: (1) Mayor Hopkins Lawsuit Against City Attorney Flitner .informed that three attorneys were handl- PERS & Numerous ing the lawsuit against the Public Employees Retirement System Cities and numerous cities and that he would attempt to retain one of the attorneys in Rohnert Park's behalf. County /Cities Vice -Mayor Roberts gave a report concerning the first meeting Forum of the County /Cities Forum discussion group. Carnival Regulations Vice -Mayor Roberts initiated a discussion concerning establish- ing carnival regulations. City Manager Callinan suggested that it might be better to establish a county -wide agreement concern- ing carnival regulations. The county agreed. Proclamation re. Councilman Carbone suggested that the Mayor be authorized to Tyranny issue a proclamation memoralizing all those who suffer tyranny. The Council so authorized. Adjournment There being no further business, Vice -Mayor Roberts adjourned the meeting at approximately 9:18 P.M. Deputy City Clerk ATTEST• ice -Mayor Roberts From: To: Council e Staff Results of a Survey of A• in the Telephone Directory October 19 p.m. 7/10/78. beverly Apts. Manager: Vera Ketchum Units: 38 24- 1 s; 3 vacancies - no trouble renting. Some children (3 d- allowed. allowed No pets All adults. mostly students. Colony Apts 795-3863 Manager o o busy taking nap to answer questions. Refused to give name or any information. Copeland Creed. 528 -1638 nager® Bath Lawrence Jung Haus Student Housing 795 ®3652 Manager: ($60 -$70 /person summer) Units: 3 - all 4- bd .($102 /person) STUDENTS ONLY. No pets. No va ancies® car summer; seldom any during school year. Lancaster Arms Manager its® 104 studios ($155 unf. I- `d ($170 un. No vacancies. Do not keep waiting list. Loch Lomond Manor (NOW) Casa, de Califa No answer. $175 fur.) No Ohildren. $190 fur.) No pets. 795 -5000 (disconnected) 795 -9145 ff + # M Sant, Alicia Apt s. 7951465 Manager: Bob Thompson No more children Units® 4 - all - b $255 /g pd. No pets No vacancies® Waiting list Manager: is (Rose f Units: 53 and office Children A d .. vacancy; • list. Vacancy s >result of property s Vista Lane Apts 7957971 wrong number - no new number available.