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1982/06/28 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES June 289 1982 The Council of the City of Rohnert ?ark met this date in regular session- commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hopkins presiding. The regular session was preceded by an executive session which commenced at 7:00 p.m. and at which all Councilman and City Manager Callinan were present and which was held to discuss personnel and litigation matters. ` Call To Order Mayor Hopkins called the meeting of the regular session to order at approximately 7:40 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilman Cavalli, Hollingsworth, Roberts, Stewart and Mayor Hopkins Absent: (0) Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planing _-•�ci_o r and Finance Director Netter. Approval of Minutes Upon motion of Councilman Hollingsworth and seconded by Councilman Roberts, and unanimously approved, the minutes of June 15 and June 21, 1982 were approved as submitted. Approval of Bills Upon motion of.Councilman Hollingsworth and seconded by Councilman Roberts, and unanimously approved, the bills presented per the attached list in the amount of $246,148.00 were approved. Non agendaed items City Manager Callinan requested that Matters From Councilmen -be added to.the agenda, and also under City Attorney's Report, the addition of report on Hewlett Packard. . if if iY i J `iY iY "n i Jf if i J L� V 1 Y J Y V ,, n V f:Y.f7f7YT. ;fi. -k f;f f fSYT4f�Y�Y:>. ) :.nifsYzY:f7 3Y f�'niC:f7Y� �Y� if :f :fiY Planning Commission Appointments City Manager Callinan read the names of all applicants for the vacancy on the Planning Commission as a result of Planning Commissioner Symonds resignation and the expiration of terms of Commissioner Grenache and Jacobi. Both Commissioners Grenache and Jacobi expressed a desire to be reappointed. The names of the people interested in serving on the Planning Commission are: Mona Andrews, Michael Byran, John Giertz, Harry Hass, Gus Hutten, ':2obert Rose and Dale Faust. Page 2 June 28, 1982 The City Council used paper.ballots to cast their votes for the vacancy created by the resignation of Commissioner Symonds, with the following results: John Giertz - 3 votes Mona Andrews - 1 vote Michael Byran - 1 vote Upon motion of Councilman Cavalli and seconded by Councilman Stewart and unanimously approved, John Giertz was appointed to serve the remaining term of Commissioner Symonds which expiees in June, 1983. The City Council used paper ballots to cast their votes for the terms of Commissioner Grenache and Commissioner Jacobi with the following results: Dale Faust - 3 votes Gene Grenache - 1 vote Mona Andrews.- 1 vote As a result of the tie another paper ballot vote was cast with the following results: Gene Grenache - 4 votes Michael Bryan 1 vote Upon motion of Councilman Hollingsworth, and seconded by Councilman Cavalli, and unanimously approved, the Council appointed Dale Faust and Gene Grenache to serve on the Planning Commission, their terms expiring in June, 1984. Park & Recreation City Manager Callinan referred to his Council Memo Appointments noting that all of the members now on the Park & Recreation Commission, with the exception of John Reichert, are interested in being reappointed to the park and Recreation Commission for the one year term which expires June 30, 1983. Other persons interested in serving on the commission are: David Guaraglia, John Hill, Charlotte Krauser, Annette Lyons, Anthony Marques, J. Bradford Savage, and Kenneth Scobee. Upon motion of Councilman Hollingsworth and seconded by Councilman Stewart and unanimously approved, the Council reappointed Goetzinger, Hall, Hopley, Kreischer, O'Brien and Robinson to the park and Recreation Commission for a one year term to expire on June 30, 1983. Page 3 June 28, 1982 The City Council used papar ballots to cast their votes for the vacancy of Mr. Reichert, who did not wish to be reappointed, with the following results: Ken Scobee -:2 votes David Guaraglia - 2 votes Charlotte Krauser - 1 vote Ken Scobee `- 2 votes Charlotte Krauser - 1 vote David Guaraglia - 2 votes It was the consensus of the Council that this appointment be held off until the meeting of July 26, 1982 since a tie breaker could not be reached. Cultural Arts City Manager Callinan referring to his Council memo Commission , noted that Mr. Mori and Mrs. Godolphin, whose terms appointments expire on June 30, 1982, have expressed an interest in being reappointed for the new four year terms expiring June 30, 1986. Others interested in serving on this commission are.- Cary Collett. Upon motion of Councilman Hollingsworth and seconded by Councilman Cavalli, and unanimously approved, the Council reappointed Mr.. Mori and Mrs. Godolphin to the Cultural Arts Commission for the four year term expiring June 30, 1986. Mobile Home City Manager Callinan referred to his Council Memo noted Advisory Com. that this committee must be extended in life or it will automatically expire on Juno 30, 1982. Councilman Stewart noted that as a liason to this Committee, feels that it accomplishes a great deal for these people and would like to see it extended. Upon motion of Councilman Stewart and seconded by Councilman Roberts and unanimously approved, the Mobile Home Advisory Committee has been extended for another year with the new expiration date of June 30, 1983. Council Referring to the listing on the meeting's agenda, the Assignments Council discussed Council assignments. Upon motion of Councilman Hollingsworth and seconded by Councilman Roberts, and unanimously approved, the following Council member assignments were made (assignees in parentheses:) Page 4 June 28, 1982 ABAG, Emergency Medical Task Force (Roberts) ABAG, (Hopkins, Alt. Roberts) City -- County Policy Liason (Hopkins) Employees Assistance Program Liason (Roberts) Chamber of Commerce Liason (Stewart) Library Advisory Board Member (Roberts) Baseball & Stadium Committee (Hopkins & Roberts) Golf Course Advisory Committee (Cavalli,Hollingsworth) Mobile Home Advisory Committee (Stewart) Water Agency Policy.Committee(Hopkins, Alt. Cavalli Cultural Arts Commission Liason (Hopkins) Park & Recreation Commission Liason (Hopkins) Planning Commission Liason (Hollingsworth) Youth Advisory Commission Liason (Hopkins) Senior Citizen Advisory Commission Liason (Cavalli) Councilman Stewart Councilman Stewart left at this point in the meeting, Leaves the time being approximately 8:11 p.m. CONSENT CALENDAR City Manager Callinan referred the Council to his Council meeting memo dated June 24, 1982 for explanation of all the matters on the Consent Calendar. Resolution No. 82 -107 RESOLUTION ACCEPTING GRANT DEED FROM 108 HOLDING, LTD. (ACCESS TO HEWLETT PACKARD PROJECT) Resolution No. 82 -108 RESOLUTION ACCEPTING CORPORATION GRANT DEED (FROM CODDING ENTERPRISES FOR SEWER EASMENT) Resolution No. 82 -109 RESOLUTION ACCEPTING COMPLETION AND AUTHORIZING ENGINEER TO FILE NOTICE OF COMPLETION, SUNRISE PARK, PROJECT NO. 1980 -2. Resolution No. 82 -110 RESOLUTION ACCEPTING COA:IPLETION AND AUTHORIZING FILING OF NOTICE OF COMPLETION, CATEPILLAR PARK PATHS, PROJECT NO. 1981 -10. Resolution No. 82 -111 RESOLUTION APPROVING AGREEMENT WITH REDWOOD EMPIRE PIONEERS BASEBALL CLUB, INC. Upon motion of Councilman Roberts and seconded by Councilman Cavalli, and unanimously approved, reading of Resolutions Nos. 82- -107 through 82 -111 was waived and said resolutions were adopted and the Consent Calendar approved. Page 5 Other Resolutions for consideration June 289 1982 Resolution No. 82 -112 RESOLUTION FOR AWARD OF CONTRACT, PUMPS & CONTROLS, WELL NO. 22, PROJECT NO. 1982 -4 City Manager Callinan referred the Council to his Council meeting memo dated June 24, 1982 for explanation of this resolution. Upon motion of Councilman Hollingsworth and seconded by Councilman Roberts and unanimously approved, reading of Resolution No. 82 -112 was waived and said resolution was adopted. Resolution No. 82 -113 RESOLUTION OF AWARD OF CONTRACT FOR MAINTENANCE OF RADIO COMMUNICATIONS EQUIPMENT. City Manager Callinan explained the Resolution. Upon motion of Councilman Hollingsworth and seconded by Councilman Roberts and unanimously approved, reading of Resolution No. 82 -113 was waived and said resolution 82- 113 was adopted. Resolution No. 82— RESOLUTION OF AWARD OF CONTRACT FOR VARIOUS EQUIPMENT FOR PATROL VEHICLES (Light Bars, Sirens, Shotgun Holders, Radios, etc). City Manager Callinan requested that this Resolution not be adopted at this time. Discussion followed. It was the consensus of the Council that this Resolution be considered at the July 12, 1982 Council meeting. Ordinances for Adoption City Manager Callinan referred the Council to his Council meeting memo dated June 28, 1982 for explanation of the Ordinances for adoption. Ordinance No. 404 AN ORDINANCE AMENDING TITLE 15 OF THE ROHNERT PARK MUNICIPAL CODE AND ORDINANCE NO. 376 WHICH ADOPTED UNIFORM CODES RELATED TO BUILDINGS (Area Separation Walls Will Not Be Substituted For Required Sprinkler Systems) Howard Boggs Mr. Howard Boggs, 5430 Commerce Boulevard, was recognized and inquired if this Ordinance will affect remodels. Fire Commander Bick was recognized and noted that the Ordinance was not to cover remodels unless the building is to be expanded. Discussion followed. Page '6 Ordinance No. 405 June 28, 1982 Upon motion of Councilman Roberts, seconded by' Councilman Hollingsworth, and unanimously approved, reading of Ordinance No. 404 was waived and said Ordinance was adopted. AN ORDINANCE AMENDING ROHNERT PARK MUNICIPAL CODE ZONING ORDINANCES TO REQUIRE CONDITIONAL USE PERMIT FOR MECHANICAL. AND ELECTRONIC PLAY DEVICES IN ALL COMMERCIAL AND INDUSTRIAL DISTRICTS Upon motion of Councilman Hollingsworth, seconded by 'Councilman Roberts, and unanimously approved, read of Ordinance No. 405''was waived and said Ordinance adopted. Ordinance No. 406 AN. ORDINANCE AMENDING THE ROHNERT -PARK MUNICIPAL CODE, Sections 17.16.030, 17.16.0409 17.16.050, and 17.16.060 BY DELETING CERTAIN PERMITTED USES AND ADDING THEM TO THE CONDITIONAL USE.CATEGORY. City. %aanager Callinan explained the Ordinance. Upon motion of Councilman Hollingsworth, seconded by Councilman Roberts, Ordinance No. 406 was introduced but but died for 'Lack of majority, by the following vote: AYES: (2) Councilman Hollingsworth & Roberts NOES: (2) Councilman:Cavalli & Hopkins ABSENT: (1) Councilman Stewart This Ordinance will be considered at the July 26, 1982 meeting when there is a full Council. Scheduled Public City Manager Callinan noted that he received a call from Appearances Mrs. Amy Zapolya that day saying that she is ill and would be unable to attend the meeting, and if no one was present to represent her, he suggests the Council go on to the next public appearance. Mr. Eddy Born. Mr. Eddy Born, of the Cultural Arts Corporation, was recognized and presented to the City Council two pictures depicting Snyder lane before and after development. He requested that they be hung in the Council Chambers. City Council members thanked Mr. Born. Planning & Zoning City Manager Callinan, referring to his June 28, 1982 Matters Council meeting memo, informed that the planning and zoning matters listed on the meeting's agenda were duly Page 7 June 28, 1982 noticed for public hearing and copies of all pertinent information had been provided to each Council member. 'He then introduced Planning Director Skanchy to review the staff report. File No. 0674 Planning Director Skanchy reviewed the staff report Codding Enterprises concerning the application of Codding Enterprises for four movie theaters to be located at the northwest portion of Raley's Towne Center Shopping Center. He noted conditions that have been modified and deleted for legal' reasons, and briefly discussed the concept of a fifth theater in order for Cultural Arts to hold stage productions. Michael Libby James Stevens Chairman Hopkins opened the public hearing on the application of Codding Enterprises for precise development plan and architectural review to construct four movie theaters. (File'No. 0674) Mr. Michael Libby, 1126 Slater Street, Santa Rosa, was recognized and questioned the availability of parking sp ace s. City Manager Callinan noted that there will be parking available at Redwood California Savings and Loan, the Towne Center Shopping Center parking lot and the parking in front of the shops. Planning Director Skanchy'noted that theater parking happens during the evening hours, when the shops are closed and there is ample parking. Mr. James Stevens, 7479 Santa Barbara Drive, was recognized and expressed his concern with the leniency of most theaters when it comes to allowing children into "R" rated' movies. He hopes that this theater will not experience this type of problem. Mr., Dick Codding, Vice President of Codding Enterprises was recognized and agreed with Mr. 'Stevens concern. He noted that the managers of these 'theaters are local people who live in Rohnert park. They have the same feelings as expressed by Mr. Stevens. Mr. Codding also noted that there is an agreement in the lease that no "X" rated movies will be shown at any of the theaters. Yoo Mai Shing Ms. Yoo Mai Shing, 948 San Francisco Way, was introduced and expressed her concern with the parking problem that may arise in the future due to the future growth of the City. There being no one further desiring to be heard and no Page 8 June 28, 1982 written correspondence received, Mayor Hopkins closed the public hearing. Councilman Hollingsworth initiated discussion regarding moving the movie theater closer to Ross Department Store. City Manager Callinan noted that question did come up while discussing this project with Dick Codding, and the proposed location seemed the best site for the required parking needed. Councilman Hollingsworth mentioned the idea of a overhang so that people in line would not have to wait in the rain. Also expressed concern with cars travelling from Towne Center to Park Plaza center. Discussion followed. Mr. Dick Codding was recognized and briefly went over the history of the shopping center. City Manager Callinan noted that the proposed use is a low intense use and would be a compliment_ to the area as Codding Enterprises is planning on a landscaped mall. Upon motion of Councilman Hollingsworth and seconded by Councilman Cavalli, and the following roll call vote, the Council approved the Precise,.Development Plan and Architectural Review application of Codding Enterprises for four movie theaters to be located at the northwest portion of Raley's Towne Center Shopping Center (File no. 0674) subject to the conditions contained in the staff report with the addition of two conditions to read: 1) That the pedestrian malls between the north shops and the movie theaters be entirely covered connecting the north shops with the movie theaters, and that adequate benches be provided. That the covered mall be extended from the existing breezeway to the south to the movie theaters, and 2) That the back of the north shops be modified to create an aesthetically pleasing exterior for the mall. AYES: (4) Councilman Cavalli, Hollingsworth, Roberts and Mayor Hopkins ABSENT: (1) Councilman Stewart Fage 9 June '28, 1982 Recess & Reconve.ne.•,,., _.Mayor,.Hopkins called a recess at approximately 9:20 p.m. and reconvened the meeting at approximately 9:33 p.m. File No. 075.1,, City Manager directed 'Planning Director Skanchy to brief David Firestone the Council on the staff report. Planning Director Skanchy reviewed his staff report regarding the application of David Firestone, Firestone Investment, Inc. and�Arthur B:: Siri, Jr. for precise development plan and architectural review for a 160 unit townhouse project on 9.4 acre parcel on north side of Golf. Course Drive approximately, 150 feet east of Country Club,, •Drive in ..the RM.2000:PD district; - noted "`the addition of two conditions, to the staff report. Discussion ensued regarding fencing of this project. Mayor Hopkins 'opened the public hearing on the applilcation of Firestone and Siri for precise development plan and architectural review to construct a 106 unit townhouse project (File No. 0751). City Manager Callinan'rea d into.._the minutes a letter from Mr. & Mrs.' Sinkkonen of 1070 Eleanor Avenue, against the project. Mr. Harry Reed Mr. Harry Reed, Architect of the applicants, introduced himself, noting he will answer any questions of the Council. Councilman Hollingsworth asked how many units does the architect feel will be owner- occupied. r Mr. Reed answered very few. Feels they will be speculative owned. Council initiated discussion on the time period in which this project will be developed. Mr. Reed responded that if there is approval this evening he is instructed to begin wort; on the tentative map. The applicants are hoping to build the project in its entirety at one time, thus keeping the price down on 'the units. There being no one further desiring to speak and no other written correspondence received, Mayor Hopkins closed the public hearing. Page. 10 June 289 1982 City Manager Callinan noted that if the Council approves this project tonight he would recommend that condition number 25 be modified that the applicant also install a fence on the easterly property line, which is to be worked out with staff and the adjacent property owners; and where it reads a low — profile fence along Golf Course Drive it would be much more aesthetically p.lea$ing to have installed a 6 foot decorative fence along Golf Course Drive, also to be worked out with staff. Discussion followed. Councilman Councilman Hollingsworth left the Council Chambers at Hollingsworth approximately 10:04 p.m. and returned at approximately leaves 10:10 p.m. Planning Director Skanchy explained that the revised Housing Element encourages higher density building within the City, City Manager Callinan responded that this site meets all the criteria for higher density. It is a major arterial street, near schools, parks and shopping center and also the freeway. Discussion continued regarding the density of this project. Upon motion of Councilman Hollingsworth, seconded by Councilman Cavalli, and the following roll call vote, the Council denied without prejudice the Precise Development Plan and Architectural Review application of Firestone Investment, Inc. and Arthur B. Si.ri, Jr. to construct a 160 unit townhouse project on 9.4 acre parcel on the north side of Golf Course Drive approximately 150 feet east of Country Club Drive in the RM:2000 :PD district. AYES: (4) Councilman Cavalli, Hollingsworth, Roberts and Mayor Hopkins ABSENT: (1) Councilman Stewart Discussion Mr. Arthur B. Siri, Jr., applicant, was recognized and briefly explained his reason for the higher density, due to land and construction cost, the high interest rates being paid on the property as it stands now, and a desire to construct a nice project at reasonable prices. Page 11 June 28, 1952 Discussion fol,lowe.d. • It was the consensus of the Council that they discuss the density they feel is appropriate and get back to the applicants. Resolution No. 82 --114 A RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING A SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF COTATI, THE CITY OF ROHNERT PARK AND HEWLETT PACKARD COMPANY City Manager Callinan indicated that this Resolution authorizes the Mayor to sign an agreement and general release between the City of,Cotati, City of Rohnert Park and, Hewlett Packard Company in.regards to the law suit that Cotati.has,filed,against the City. He noted that there will be a special meeting tomorrow evening at 6:00.p.m. for the signing of this Agreement. City Attorney Flitner read into the minutes Resolution No. 82 --114. Upon.,motion of Councilman Cavalli and seconded by Councilman.Roberts, Resolution. No. 82 214 was adopted by the following roll call vote: AYES: (3) Councilman Cavalli, Hollingsworth & Mayor Hopkins NOES: (1) Councilman Roberts ABSENT: (1) Councilman Stewart Federal General City Manager Callinan referred the Council to his Revenue Sharing Council meeting memo. of June 28, 1982, concerning Federal General Revenue Sharing funds. Noted a notice of public hearing has been published in the local newspaper in order to receive input concerning the useof- Entitlement No. 14 funds estimated to amount to $384,496.,00.: Page 12 June 28, 1982 The Entitlement No. 14 period is October 1, 1982 through September 30, 1983. Noted several organizations are present at the meeting to speak on this matter. Mayor; opened the public hearing on the Federal General Revenge Sharing. Dawn Dawn, Director of the Women's Shelter briefly explained their program and its need of funding. They are asking for $5,000. Frances Bueler Frances Bueler of the Parent Education Program explained their program, the importance of it and the need for funding. Mr. & Mrs. Martin Mr. & Pars. Spencer Martin and Marge Pepper of the Parent Marge Pepper Education Program spoke briefly on their services, and the need `this ,community has for such a program. Jim Bergeson Mr. Jim Bergeson of the National Council on Alcoholism was recognized and explained the program. They are asking for $5,000. Margot Godolphin Margot Godpl.phin of the Cultural Arts Commission explained her reasons why she feels the Burton Avenue Recreation Center could be used as the Cultural Arts Center. There is already a stage in the building and it would save the City money since they would not have to construct a new building. There being no one further desiring to be heard and no written correspondence received, Mayor Hopkins closed the public hearing. Proposed 1982 -83 City manager Callinan referred the Council to his Budget Council meeting memo concerning the proposed 1982 -83 proposed budget, and stated that public input was welcome at this time concerning the budget. Mayor Hopkins opened the public hearing on the 1982 -83 proposed budget. Mr. James Stevens Mr. Stevens was recognized and expressed his views on P.G. & E. franchise fees and how he would like to see these fees earmarked to help pay the costs of pumping water out of the City wells. Mr. Jim Bergeson was recognized and again stressed the importance of the National Council on Alcoholism and the need for funding. Page 13 June 28, 1982 There being no one further desiring to be heard and no written correspondence received, Mayor Hopkins closed the public hearing. Upon motion of Councilman Roberts and seconded by Councilman Cavalli, and approved by the following roll call vote, Council moved to continue this matter to a later date and to continue with the other items listed on the agenda. AYES: (3) Councilman Cavalli, Hollingsworth & Roberts NOES: (0) ABSTAIN: (1) Mayor Hopkins ABSENT: (1) Councilman Stewart Animal Control City Manager Callinan referred the City Council to his Review of Council meeting memo of June 24, 1982 concerning animal Regulations control review of regulations between City Attorney Flitner and the postal service representatives. City Attorney Flitner went through the questions that were raised by the postal representatives and answered them to the best of his knowledge, noting that on some of the questions more in depth research would have to be done. Councilman Hollingsworth initiated discussion on animal control regulations. Mario Pompei Mr. Mario Pompei, Officer in charge of the Cotati and Rohnert Park Post Offices was recognized, noted that their have not been any problems recently. The Post office has asked that all carriers report any loose dogs to the police Department. Mr. Michael Libby Michael Libby, Postal Carrier, was recognized, noted that definition of vicious dog and a dog that is a nuisance should be separated. This matter will be discussed further at the July 12, 1982 City Council meeting. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at 11:30 p.m. Secretary APPROVED: Mayor