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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. •a °C i °t a. "> : °f :e °a °Q e: `fC °ae �e ea s °6 ';'. w eo "<n °ae 'i 'C "Q: 'a: 4 °v' 'e °9i 's °< "e ° +" an •e <e 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. '.'...1_e NTo. 0577 - Bcise ca.scade Use A pplicatic'n' & Review 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 n.r.c° e n.- .. -,,.,, v1. i ec?i s naav� •4-0 +1— City Cot:ncil, informed that t}1P Rt��^tP.. @1^t Park Peace c v ++ 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