1978/03/13 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES
March 13,1978
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 Mayor Deary
presiding. The regular session was preceded by�an
executive session which commenced at 7:00 p.m, and at which
all Councilmen and City Manager Callinan were present and
which was held to discuss a personnel matter.
Call to Order Mayor Beary called the meeting of the regular session to
order at approximately 7:13 p.m. and led the pledge of
allegiance.
Roll Call Present: (5) Councilmen Eck, Hollingsworth, Hopkins, Roberts,
and Beary
Absent: (0) None
Staff present for all or part of the meeting: City Manager
Callinan, City Attorney Flitner, Director of Public Works/
City Engineer Brust, and Planning Director Skanchy
Approval of Minutes Upon motion of Councilman Eck, seconded by Councilman Hopkins,
and unanimously approved, the minutes of February 14 and
February 27 were approved as submitted.
Approval of Bills Upon motion of Councilman Hollingsworth, seconded by Council-
man Eck, and unanimously approved, the bills per the attached
list in the amount of $801,034.27 were approved as submitted.
Mary Herman re. Mary Herman, 7387 Barbi Lane, was recognized and expressed
Councilman Eck appreciation to Councilman Eck for his service on the Council
and wished him well upon his retirement from same.
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C O N S E N T CA LE N D A R
City Manager Callinan referred the Council to his memo to
the Council, dated March 9, 1978, for explanation of all
the matters on the Consent Calendar. He requested that
the Council delete.Resolution No. 78 -27 from the Consent
Calendar and not act on same. Discussion followed.
Resolution No. 78 -26 RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO
FILE NOTICE OF COMPLETION (Eagle Park, Project No. 1976 --7)
Resolution No. 7'8 -21 REISOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO
(Hot A-0PI-t ".1) FILE NOTICE OF COMPLETION (Dorotea Park, Project No. 1976 -8)
Resolution No. 78 "23 RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING INSTALLA-
TION OF STOP SIGNS
Page 2 March 13, 1978
Resolution No. 73 -29 RESOLUTION DECLARITTG WEEDS GROWING UPON OR IN FRONT OF CERTAIN
PROPERTIES WITHIN THE CITY OF ROHNERT PARK TO BE A PUBLIC
NUISANCE, DIRECTING THE CITY MANAGER TO POST NOTICE THEREOF
AND DETERMIi1ING HEARING DATES AS REQUIRED DY CHAPTER 8.08
OF THE ROTANERT PARK MUNICIPAL CODE
Resolution No. 78.30 RESOLUTION APPOINTING ALTERNATE MEMBER TO THE REDWOOD EMPIRE
MUNICIPAL INSURANCE FUND BOARD OF DIRECTORS
Upon motion of Councilman Hopkins, seconded by Councilman
Roberts, and unanimously approved, the reading of Resolution
Nos. 78 -26 through 78 -30, except fOr No. 78-27
re. Accepting, Completion and Directing Filing Notice of
Completion for Dorotea Park; Project No. 1976 which, per
staff's recommendation, was removed from the Consent Calendar,
as listed on the Consent Calendar section of the meeting's
agenda, was waived and said resolutions were approved.
Resolution No. 78 -31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PART:
ACCEPTING PUBLIC IMPROVEMENTS AND AUTHORIZING RELEASE OF
BONDS FOR THE RANCHO SONOMA UNIT NO. 1 SUBDIVISION AND REQUIR °-
ING POSTING OF CASH DEPOSIT
City Manager Callinan reviewed his March 9th memo to the
City Council and explained the resolution. Discussion i
followed.
Upon motion of Councilman Hopkins, seconded by Councilman
Eck, and approved by the following; roll. call vote, reading
of Resolution No. 73 -31 was waived and said resolution was
adopted.
AYES' (�r} Councilmen Eck, iio_Tli.ngswor%h, 'Hopkins, Roberts
NOES' (1) Mayor Beary
Resolution No. 78-32 RESOLUTION ESTABLISHING AN AD HOC COM14ITTEE TO INVESTIGATE
TIE FEASIBILITY OF THE THEATRE ARTS BUILDING
City Manager Callinan reviewed his March 9th memo to the
City Council and explained the resolution.
Upon motion of Councilman Eck, seconded by Mayor Peary,
and unanimously approved, reading of Resolution No. 78 -32
was waived and said resolution was adopted.
Resolution No. 78 -33 RESOLUTION ENCOURAGING AND SUPPORTING MEMBERSHIP OF THE
BOARD OF SUPERVISORS AS NON - VOTING MEMBERS IN TEE MAYORS'
AND COUNCILMEN'S ASSOCIATION OF SONOMA COUNTY
City Manager Callinan reviewed his March 9th memo to the
City Council and explained the resolution.
Page 3
March 13, 1978 -
Upon motion of Councilman Hopkins, seconded by Mayor Beary,
and unanimously approved, reading of Resolution No. 78-33
was waived and said resolution was adopted.
Hospital Councilman Hollinsworth informed that Councilman Roberts
and he had met with representatives of North Bay Health
Systems Agency, that said agency would conduct a public
hearing concerning the possibility of developing a hospital
in Rohnert Park, and that it recommended a committee be
designated to assess the community's hospital needs. lie
also informed that Councilman Roberts and he had met with
Mr. Ray Webb, representative of Hospital Corporation of
America, concerning locating a hospital in Rohnert Park.
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Mr. Ray Webb, Hospital Administrator of Ross General Hospital_
and representative of Hospital Corporation of America, was
recognized and generally commented on the Hospital Corpora -
tion of America's background, explained that Councilman
Hollingsworth had contacted him concerning the possibility
of developing hospital facilities in Rohnert Park, and that
on March 8th he had the opportunity -to tour the community
and view the City's hospital site,
A wide ranging discussion followed relative to Hospital
Corporation of America conducting a preliminary survey over
a period of 3-6 months, North Bay Health Systems Agency's
comments concerning future health care development in Rohnert
Park, and various health care facilities in Marin and Sonoma
County.
Upon -motion of Councilman Hollingsworth, seconded by Council-
man Hopkins, and unanimously approved, the City Council
granted Hospital Corporation of America a six (6) month
period in which to conduct a preliminary study in order
to make a determination as to whether or not to locate a
hospital in Rohnert Park and, in so doing, the City owned.
hospital site would be tentatively reserved pending the
results of subject survey and the Hospital Corporation of
America's report back to the Council within the stipulated
six month period.
City Manager Callinan reviewed his March 9th memo to the
City Council concerning Boise Cascade Corporation's request
for reconsideration by the City Council of a use permit
application and architectural review for a retail/wholesale
lumber, electrical and plumbing supplies and equipment
facility proposed to be located on Commerce Boulevard approxi-,
mately 400 feet north of Transport Avenue. lie informed
that copies of an updated staff report and noise study
prepared by Boise Cascade had. been disseminated to each
Council member.
Attorney Flitner, upon questioning of Councilman Eck,
Led that the City Council did have the right to consider
._.-d act on the Boise Cascade matter after having been the
lest body to consider same.
Page 4 March 13, 1973
Councilman Hopkins made a motion to defer consideration
of the Boise Cascade matter until -the March 27th Council
meeting. Said motion died for lack of a second.
Mr. Dan McPhee, representing Boise Cascade, was recognized
and explained that his firm was prepared to demonstrate
that the City's zoning regulations could be adhered to,
expressed willingness to work with Rohnert Park officials
concerning hours of railroad switching, loading and unloading.,
and generally commented on his firm's interest in locating;
a retail facility in Rohnert Park and what said facility
could offer the community.
Mr. David Cullen, future manager of the proposed Boise
Cascade facility, was recognized and generally commented
on the proposed business and prospective clients, described
site plans and elevations which were displayed, commented
on the location of various structures in the area, design,
concept, and various mitigating factors relating to noise
attenuation; facilities designed to alleviate atmospheric
pollution; fencing, cutting operations, graphic survey depict-
ing existing noise levels compared to that of the proposed
cutting operations. Discussion followed between Mr. Cullen,
City Council members, City Manager Callinan and Planning
Director Skanchy.
Mr. Charles Kitchen, 5764 Dexter Circle, was recognized
and inquired if Boise Cascade was willing to work with the
City insofar as railway operations were concerned.
Mr. McPhee confirmed that his firm was making a commitment
to the City of Rohnert Park concerning the loading and un-
loading of railroad cars.
Mr. kitchen informed that the Northwestern Pacific Railroad
was definitely a nighttime operation, that one of the main
objections to the proposed facility was because of the cuttinE
operations and the experience with Cal Wood Door nighttime
loading and unloading operations. Mr. Kitchen read excerpts
from the City's General Plan concerning development, and
resultant noise, surrounding the golf course. He explained
that, in his opinion, the operation of a railroad spur would
be entirely out of the hands of the Boise Cascade firm.
Discussion followed between City Council members, Mr. McPhee,
Mr. Kitchen, City Manager Callinan, City Attorney Flitner,
and Planning Director Skanchy concerning a proposed amendment
to the Zoning Code, which the Planning Commission had recently
recommended to the City Council for approval, whereby rail-
road spurs would be designated as a conditional use in
the "ML ". District,'planning staff report conditions relative
`o the hours of operation of the railroad spur, and loading
and unloading operations. City Attorney Flitner opioned
that the City had discretionary powers in approving new
railroad spurs, but withheld opinion on existing spurs until
able to research the matter further.
Page 5 March 13, 1978
Mr. Kitchen commented on the Cal I -?ood Door operation.
Discussion followed relative to staff follow up on complaints
and which agency(s) had policing powers of the "grandfathered
use ". Mr. Kitchen also commented on the noise level graphs,
prepared by the Boise Cascade firm, noting that both the
graphs and noise level readings, measured in decibles, could
be very.misleading., He_also. compared the proposed facility
to that of the Yeager and Kirk operation in Santa Rosa.
Mr. Robert Weinman, 5763 Dexter Circle, was recognized and
explained that he lived across the golf course, opposite
Cal Wood Door, and informed that for approximately one
year he has attempted to do something about the railroad
operation.. He expressed that thz basic issue was adding
additional railroad spurs. He informed that he had circulated
a petition acquiring approximately.80 signatures from
residents (of voting age) on Dexter Circle, Delores Drive,
etc;, all objecting to the,installation of additional rail -
road spurs in the area. He noted that only one person,
an employee of Northwestern Pacific Railroad, refuse(
to sign his petition. He explained that the cars would
sometimes bump for 20 -30 minutes,,and that when the noise
readings were taken one evening the noise levels had been
reduced. Mr. T ?einman explained that the Public Utilities
Commission couldn't preclude any nighttime operations of
the Northwestern Pacific Railroad and, therefore, when Boise
Cascade makes the statement that they can load and unload
between.the hours of 6:00 a.m. and 8:00 p.m. there is
absolutely no way they can dictate such hours.
Discussion followed during which Mr. McPhee indicated that
his firm would be willing to accept approval of the use
permit and architectural review for the proposed lumber
facility, excepting the railroad spur which could be consider
considered separately by being processed as a use permit
if the Council approves an amendment to the Zoning Ordinance
which would require a use permit for railroad spurs in the
11ML4° District.
Mr. James Redding, 7147 Barbi Lane, was recognized and
responding to Councilman Hollingsworth, commented on develop -
ment of his firm's property located in the "ML" district
based on whether or not the City would allow spur railroad
tracks. He explained that it was his firm's intent to
attract uses that wouldn't require railroad spurs and, in
his opinion, that there would be no problem in bringing
each individual application for a railroad spur to the
city for its approval.
Discussion followed concerning whether or not the Council
could consider the use permit and railroad spur. separately.
Mr. Weinman was again recognized and, responding to a state -
ment of Councilman Hopkins concerning Northwestern Pacific
Railroad's making a day trip if business would warrant,
commented that the railroad made a nighttime run from Marin
County north which would, in his opinion, preclude any
daytime trip , also, that he felt that the apprcval of
the use permit application without the railroad spur wasn't
fair to Boise Cascade.
Page 6 March 13, 1975
Mr. Dale Trowbridge, 6039 Elsa Avenue, was recognized and
commented on conditioning the hours of loading and unloading
operations and confusion in intrepreting the decible scale.
Mrs. Patricia Sawka, 570 Lamont Courts was recognized and
questioned who owned the property on which the Boise Cascade
firm proposed to build its facilities.
Mr. McPhee responded that the property was owned by his
firm, that is, Boise Cascade.
Mrs. Sawka explained that she had been requested to inquired
about the property's ownership by a Dexter Circle resident
and also inquired as to the possibility of re- locating
the proposed use.
Mr. McPhee, upon Mr. Charles Kitchen's inquiry, confirmed
that his firm was only proposing two saws.
Mr. Kitchen asked if the Council could, in approving the
use permit, stipulate that only two saws be permitted.
Discussion followed,
Councilman Hollingsworth made a motion, which was seconded
by Councilman Eck, to approve Boise Cascade Corporation's
use permit, disassociating the railroad spur from same,
and architectural review for a retail /wholesale lumber,
electrical and plumbing supplies and equipment facility
proposed to be located on Commerce Boulevard, north of
Transport Avenue, subject to those conditions contained
in the planning staff report and supplements thereto, as
well as the following conditions: 1) that the Planning
Commission review noise levels emitted by the operation
six months after commencing sawing operations, and 2) that
the use be allowed only two (2) saws and, further, stipulating
that the applicant furnish trees to be planted by City
forces along the railroad tracks adjacent to the 9th fairway.
Mayor Beary asked City Attorney Flitner if he could vote
on the use permit and architectural review for the Boise
Cascade facility since he owned and operated a small building
supply company and conceivably his vote might have an effect
on his business.
City !attorney Flitner ruled that Mayor Beary did not have
a conflict of interest in voting on the matter.
Councilman Roberts initiated a discussion concernirstreet
improvements.
Councilman Hollingsworth's motion to approve a use permit
and grant architectural review, disassociating the railroad
w spur from same, to the proposed Boise Cascade retail/
wholesale lumber and related materials and equipment facility
to be located on Commerce Boulevard subject to conditions
was approved by the following roll call votes
Page 7 March 13, 1978
AIIES: (4) Councilmen Eck, Hollingsworth, Hopkins, Beary
NOES: (1) Councilman Roberts
Recess Mayor Beary declared a recess at this point in the meeting,
the time being approximately 9:25 p.m.
Reconvene Mayor Beary reconvened the meeting at approximately 9:40
p.m. with all Councilmen present.
Resolution No. 78-34 RESOLUTION OF ffi-TARD OF CONTRACT (Rohnert Park Community
and Recreation Center9 Project No. 1977-14)
City Manager Callinan, referring to his March 9th memo
to the City Council, explained the resolution.
Upon motion of Councilman Eck, seconded by Councilman Hopkins,
and unanimously approved, reading of Resolution No. 78-34
was waived and said resolution was adopted.
Ordinance No. 346 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE
ROHNERT PARK MUNICIPAL CODE, TITLE 1.5 BUILDING AND CONSTRUC
TION
City Manager Callinan, referring to his March 9th memo
to the City Council, explained the ordinance.
Upon motion of Councilman Hopkins, seconded by Councilman
.Eck, and unanimously approved, reading of Ordinance No.
346 was waived and said ordinance was introduced and the
Council directed staff to schedule a duly noticed public
hearing concerning same.,
Communications Coumunications per the attached outline were brought to
the attention of the City Council, No action was taken
on any communications unless specifically noted in these
minutes.
Service Councilman Eck initiated a discussion regarding a letter
from Union City Transit, Inc. to the City of Petaluma concern-
ing bus routes 10 and 11. Discussion followed.
Vern Smith re. Payment
of Printing Candidates'
Statement of Qualificar
'Cions
Upon motion of Councilman Eck, seconded by Councilman Roberts
and unanimously approved, the City Council directed that
a letter be sent to Mr. John Scharer, Finance Director,
City of Petaluma, advising that the Council tentatively
endorsed the route changes as proposed by Union City Transit,
Inc., subject to working out financing for same.
City Manager Callinan reviewed his March 9th memo to the
City Council informing that copies of Judge Passalacquals
decision against former Councilman Smith for printing cost
incurred by the City in the issuance of Candidates° Sta tement
of Qualifications for the 1976 Municipal Election had been
provided to each Councilman.
Page 8 March 13, 1978
T.D.A. CIty Manager Callinan reviewed his March 9th memo to the
City Council concerning a letter from the County of Sonoma
regarding; disbursement of Transportation Development Act
funds for pedestrian and bicycle facilities. Discussion
followed.
Mr. Grossi - City Manager Callinan, referring to his March 9th memo
Contribution to the City Council, informed that Mr. Grossi, operator
of the Rohnert Park Farms, had made a $50 unsolicited contri-
bution to the City and asked for suggestions as to how
the contribution could be used. Discussion followed.
Upon motion of Mayor Beary, seconded by Councilman Roberts,
and unanimously approved, the City Council directed that
Mr. Grossils $50 contribution be forwarded to the Rohnert
Park Cultural Arts Corporation for its use.
Caterpillar Park City Manager Callinan reviewed his March 9th memo to the
Lighting City Council concerning a request from citizens for lighting
in Caterpillar Park. Discussion followed.
Upon motion of Councilman Hopkins, seconded by Councilman
Beary, and unanimously approved, the City Council authorized
installation of lights in Caterpillar Park in accordance
with the lighting layout prepared by P.G. & E.
Dictating Equipment City Manager Callinan reviewed his March 9th memo to the
City Council concerning acquisition of Lanier dictating
equipment for his office.
Upon motion of Councilman Roberts, seconded by Councilman
Hollingsworth, and unanimously approved, the City Council
authorized acquisition of Lanier dictating equipment for
use in the City Manager's Office.
Eagle /Dorotea Parks
City Manager Callinan reviewed his March 9th memo to the
Ceremony
City Council concerning conducting a ceremony commemorating
the development of Eagle and Dorotea Parks.
Rohnert Park Peace
City Manager Callinan, referring to his March 9th memo
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•4-0 +1— City Cot:ncil, informed that t}1P Rt��^tP.. @1^t Park Peace
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Officers' Association will be considered as having been
validly established and recognized as a recognized employee
association due to the fact that the time period for filing
protests had elapsed and all City requirements had been
complied with.
Ordinance No. 347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, ADDING CHAPTER 5.28 TO TITLE 5 OF THE ROHNERT PARK
MUNICIPAL CODE AS AUTHORIZED BY SECTION 19 OF ARTICLE IV
OF THE STATE CONSTITUTION ALLOWING BINGO GAMES IN THE CITY
FOR THE BENEFIT OF CHARITABLE ORGANIZATIONS
City Manager Callinan informed that copies of a proposed
bingo ordinance prepared by City Attorney Flitner had been
disseminated to each Council member. He informed that
prior to adopting the ordinance it would be referred to
various organizations for review and comment.
Page 9
March 13, 1978
Upon motion of Councilman Hopkins, seconded by Councilman
Eck, and unanimously. approved, reading of Ordinance No.
347 was waived and said ordinance was introduced.
Emily Avenue School Councilman Hollingsworth made a motion, which was seconded
Payment of Rental by Councilman Roberts, to re- consider the decision of the
City Council not to pay the rent for the administration
office of the Emily Avenue portable school from the School
Impact Fee Fund.
Elaine Trowbridge, 6039 Elsa Avenue, was recognized and
commented that it was her understanding that paying the
rental for the administration building of the Emily Avenue
School was not an appropriate use of the School Impact
Fee Fund.
City Manager Callinan explained that he didn't want the
City to become involved in a tenant /landlord relationship
(i.e. that between the school district and developer) and,
therefore, requested the school district to submit a written
request, which had been received, to make the payment from
School Impact Fund Fees for the rental of the administration
building.
Mrs. Trowbridge commented that it was her understanding
that the School Impact Fee Funds were to be specifically
used for paying off the portable school and that.sne had
heard there may have been a verbal agreement that the
administration. facilities would be rent free. City Manager
Callinan responded that he was unaware of any such agreement.
Discussion followed concerning whether or not rental of
the Emily Avenue School administration building could be
considered an item that would mitigate the overcrowding
of schools.
Mr. Tony Carbone, former school board member, was recognized
and informed that at the time of negotiations the School
Impact Fee was suppose to go for the payment of the buildings,
up to and including paying for the rent on the administration
building.
Councilman Hollingsworth's motion to re- consider the
Council's decision not to pay the rent for the administration
office of the Emily Avenue portable school from the School
Impact Fee Fund was approved by the following roll call
vote:
AYES: (4) Councilmen Hollingsworth, Hopkins, Roberts,
Beary
NOES: (1) Councilman Eck
Resolution No. 78 -35 RESOLUTION AUTHORIZING PAYMENT FROM SCHOOL IMPACT FEE FUND
OF RENT FOR ADMINISTRATION OFFICE FOR EMILY AVENUE SCHOOL
National League of
Cities Conference
Page 10
March 13, 1978
Upon motion of Councilman Hollingsworth, seconded by Council-
man Hopkins, and approved by the following roll call vote,
reading of Resolution No. 78-34 was waived and said resolution
was adopted.
AYES: (4) Councilmen Hollingsworth, Hopkins, Roberts,
. Beary
NOES: (1) Councilman Eck
Councilman Hopkins generally commented on the National
League of Cities Conference in Washington, D.C., March
5-and and suggested the city get involved in the U.S. Conference
of Mayors,
Vacancies on Various Mayor Beary informed that there would be vacancies on the
Boards /Committees, Etc. Sonoma County Local Agency Formation Commission, Golden
Gate Bridge, Highway and Transportation District Board
of Directors, and Air Pollution Control Board, and that
three of Rohnert Park's Council members had put in their
application for appointment to the aforementioned vacancies.
He advised that the Sonoma County Mayors' and Councilmen's
Association would consider filling said vacancies at its
next meeting if anyone was interested in appearing at said
meeting.
Mrs. Helen Lawrence Mrs. Helen Lawrence, 942 Ellen Street, was recognized and
re. Councilman Eck thanked Councilman Eck for his dedication during his four
year term on the Council, expressed commendation for his
principles, and commented on his providing Rohnert Park
with truly representative government and her feelings about
the other Councilmen.
Adjournment There being no further business, Mayor Beary adjourned
the meeting at approximately 10:30 p.m. to Tuesday, March
14, 1978 8:00 p.m.
Deputy City Clerk