1977/12/08 City Council MinutesCa,'..-! to Order
Rol]_ Call
ROHNERT PARK CITY COUNCIL MINUTES
December 8, 1.977
The Council of the City of Rohnert Park met this date in
adjourned regular session commencing at approximately
12:00 noon in the City Offices, 6750 Commerce Boulevard,
Rohnert Park, with Mayor Beary presiding.
Mayor Beary called the meeting of the adjourned regular
session to order at approximately 12:00 noon.
Present: (3) Councilmen Eck, Hollingsworth and Beary
Absent: (2) Councilmen Hopkins and Roberts
Staff present for all or part of the meeting: City
Manager Callinan, City Attorney Flitner (his time of
arrival is specifically noted in these minutes), Director
of Public Works /City Engineer Brust
Others present for all or part of the meeting: Architects
John Miller and Tom Burk and Press Democrat Correspondent
Mike McCoy
Project 14o. 1977 -14, A review was undertaken of the working drawings for the
Community and Recreation Community and Recreation Center, as prepared by Rolland-
Center Miller- Associates. Discussion followed between architects
John Miller and Tom Burk, City Council members, and staff.
City Attorney Flitner City Attorney Flitner arrived at this point in the meeting,
Arrives the time being approximately 12:13 p.m.
Down Zoning; RM Areas City Attorney Flitner reviewed his December 7th letter,
copies of which had been disseminated to each Councilman,
to Councilman Hopkins concerning a proposed resolution
encouraging property owners to "down zone" multiple family
areas, a copy of which is attached to the original set
of these minutes. Discussion followed.
Municipal Election 1978 City Manager Callinan solicited Council direction concern-
ing the possibility of increasing the length of the Candi-
dates? Statement of Qualifications, as outlined in Sonoma
County Clerk and Registrar of 'Voters William's letter.
of November 15th.
Upon motion of Mayor Beary, seconded by Councilman Eck,
and unanimously approved, the City Council stipulated
that the length of the Candidates' Statement of Qualifica-
tions to be enclosed in the sample ballot mailing should
not exceed 200 words.
Councilman Hollingsworth Councilman Hollingsworth, informing that he had a luncheon
Leaves engagement, left the meeting at approximately 12:25 p.m.
The meeting continued without a quorum of the City Council.
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Page 2
December 8, 1977
City Manager Callinan commented briefly on possible ballot
measures for the 1978 Municipal Election. Further considera-
tion of said matter was deferred to the December 12th
Council meeting.
Freeway Interchange City Manager Callinan apprised the Council of the State
Development Department of Transportation's recommendation that the
U.S. 101 Freeway and Rohnert Park Expressway interchange
be re-designed from a full cloverleaf type interchange
to a modified cloverleaf interchange with traffic signals.
Discussion followed.
Regional Water Quality City Engineer Brust informed that the Regional Water Quality
Control Board - Cease Control Board had adopted a cease and disist order on the
and Desist Order cities olfSebastopol, Santa Rosa, and Rohnert Park. Dis-
cussion followed.
New City Hall City Manager Callinan informed that Planning Director
Skanchy had prepared a study/analysis of future needs
for the new City Hall. Discussion followed.
Freeway Interchange City Manager Callinan commented briefly concerning the
Development State Department of Transportation's recommended re-design
of the U.S. 101 freeway interchange.
Community Amphitheatre City Manager Callinan commented on the development of
the community amphitheatre. Discussion followed.
Mileage Allo,,,Tance City Manager Callinan informed that he would present
for the Council's consideration at its December 12th
meeting an increase in the mileage allowance for employees
using personal cars in conducting official city business
to reflect increases ia operating costs.
Traffic Signals Councilman Eck initiated a discussion concerning traffic
signal operations.
Junior High School Mayor Beary initiated a discussion concerning the Rohnert
Lights Park Junior High School lights and problems associated
with same.
Terry Lane-Witness Fees City Manager Callinan explained to the Council that the
County of Sonoma District Attorney's Office has been
unwilling to compensate Terry Lane, a former city employee,
for being a witness in the Formus White-Officer McNair
lawsuit and requested Council authorization to compensate
Mrs. Lane-and have City Attorney Flitner pursue the issue
with the County. Discussion followed during which
the City Council agreed that the City should compensate
Mrs. Lane for the time and mileage and have City Attorney
Flitner try and recoup the costs from the'Couinty for
same.
Adjournment There being no further business, Mayor Beary adjourned
the meeting at approximatly 2:55 p.m.
APPROVED•
Deputy City Clerk
_J
M.
ay&
rB_eaxy
CITY OF ROHNERT PARK
6750 COMMERCE BOULEVARD
ROHNERT PARK, SONOMA COUNTY, CALIFORNIA 94928
TELEPHONE 795 -5416 410
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December 7, 1977
Councilman Warren K. Hopkins
7552 Bonita Avenue
Rohnert Park, CA 94928
Dear Councilman Hopkins:
Enclosed please find a redraft of the proposed Resolution by the
City of Rohnert Park encouraging property owners to submit proposals
to rezone property within the City.
I have altered the 100 acre amount and the percentage of building
permit requirements in paragraph 3.
The problem that I am trying to encourage the City Council to avoid
is "contract zoning "Contract zoning ", as I understand it, means,
the City giving away or contracting away its future powers over zoning
in exchange for covenants by the landowner to do certain things with
his land. The law is not overly clear in this area and the question has
not been addressed by the California Supreme Court. The leading case of
which I am aware is Scrutton v. County of Sacramento (1969)275 C.A.2d
412. The Scrutton case holds that the police power may not be restricted
by contract. However, it also seems to say that a public agency may impose
"reasonable conditions" as a condition of rezoning which must be performed
by the property owner as. a condition incident to rezoning and that if the
poperty owner accepts the conditions the public agency cannot immediately
or arbitrarily withdraw the approval extended. The Scrutton case is not
the best authority since it was remanded for retrial on certain issues;
however, I believe the City of Rohnert Park can, by way of policy, agree
to give those multiple zoned areas that voluntarily rezone to single
family, some allocation of the 650 building permits allocated for
builders by the City Council. The application would have to meet the
Council's reasonable requirements regarding development and would not be
expressly "assured" of approval but would be given prompt review of the
proposal with some reasonable expectation of the possibility of process-
ing a well considered development. I believe the Council would want to
reserve its ultimate police powers of denial or approval so that no one
could argue those powers had been contracted or bargained away in
consideration of the rezoning.
JDF /j es
Encl.
cc: City Manager Callinan w /enclosure
RESOLUTION NO. 77
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK CONCERNING REDUCING MULTIPLE
FAMILY ZONING
WHEREAS, the City Council is concerned with the amount of
multiple family zoned areas yet to be developed in the City; and
WHEREAS, the City Council recognizes the economic advantages that
multiple family zoning provides over single family zoning; and
WHEREAS, concern has been expressed to the City Council that if all
of the multiple zoned areas within the City are so developed the City
will have a disproportionate number of renters compared to homeowners;
and
WHEREAS, the City Council desires to develop a policy to encourage
owners of undeveloped real property zoned for multiple family use to
consider the possible rezoning of their properties to zones which reflect
single family use.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that:
1. It finds and determines that a zoning change to single family
of much of the undeveloped multiple family zoned land in the City would
satisfy the concerns of those who feel the City will eventually have too
many apartments in relation to single family homes.
2. Owners of undeveloped, multiple family zoned land are hereby
encouraged to submit applications for its zoning to single family.
3. In the event applications are received to rezone a substantial
amount of multiple family zone districts to single family zone districts
the City Council agrees to allocate a portion of its building permit
application each year to such rezoned property for consideration of
development projects in accordance with the zoning.
4. In encouraging the rezoning of property by property owners, the
City Council desires to encourage proposals for well considered planned
unit developments that provide amenities desired by all citizens such as
0 F!
reasonable sized lots, open space, recreation areas with facilities,
and well designed units.
5. The City further agrees to cooperate in the prompt consideration
and processing of such applications.
DULY AND REGULARLY adopted this day of ,
1977.
ATTEST:
City Clerk
CITY OF ROHNERT PARK
2.
Mayor