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1978/03/27 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES March 27, 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 Hopkins 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 personnel and litigation matters. Call to Order Mayor Hopkins called the meeting of the regcLIar session to order at approximately 7:21 p.m, and led the pledge of allegiance. Roll Call Present: (5) Councilmen Beary, Carbone, Roberts, Stewart and Hopkins Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planning Director Skanchy, and Fire Services Commander Bick Approval of Minutes Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, the minutes of March 13, 14, and 22 were approved as submitted. Approval of Bills Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, the bills per the attaches. list in the amount of $186,199.44 were approved as submitted Adding don- Agendaed Councilman. Roberts requested that time be alloted under items "%flatters from Councilmen" concerning golf course leasing. Community Amphitheatre. Mr. Jack Behl, 56 Allan Avenue, was recognized and spoke to the Council concerning the possibility of developing a community amphitheatre, expressing that the City's exist- ing facilities were inadequate. Mr. Behl thought that the City Council had been somewhat receptive to the idea, initially mentioned at its February 14th and 27th meeting, but staff was not. He concluded that if a. community amphi- theatre was to be constructed that it should be done right or not at all. Councilman Beary inquired if, in.Pair. Behl's opinion, he would be willing to put the matter on the ballot at the next election as a bond measure. Mr. Behl expressed that that was a good suggestion because the facility was for the people. City manager Callinan informed that he had read in the February 14th minutes that the City Council intended to hold a joint meeting with the Cultural Arts Corporation to discuss the community amphitheatre. Page 2 March 27, 1978 Mayor Hopkins-coDcluded the discussion informing Mr. Behl that the Council was to hold a joint meeting with the Cultural Arts Corporation concerning a community amphitheatre and thanked Mr. Behl for his thoughts on the matter Resolution No. 78-37 Resolution of the Council of the City of Rohnert Park Approving a Lease Agreement with Sonoma County Library City Manager Callinan, referring to his March 23rd memo to tl-eCity Council, explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 78-37 was waived and said resolution was adopted. Resolution No. 78-38 Resolution of the City Council of the City of Rohnert Park Establishing a Policy Concerning Making Appointments to Boards, Commissions, and the City Council of the City of Rohnert Park Resolution No. 78-39 Resolution No. 78-40 Resolution No., 78 -4-1 City Manager Callihan, referring to his March 23rd memo to the City Council, explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved, reading of Resolution No. 78-38 was waived and said resolution was adopted. Resolution Expressing Opposition to Increasing Use of Sonoma County Transportation Development Act Funds for Subsidizing Golden Gate Transit's Inter-County Service City Manager Callihan, referring to his March 23rd memo to the City Council, explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 78-39 was waived and said resolution was adopted. Resolution of The City Council of the City of Rohnert Park Authorizing the Filing of a Claim to the Metropolitan Transportation Commission in Accordance with the Require- ments of the Transportation Development Act of 1971 City Manager Callihan, referring to his March 23rd memo to the City Council, explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 78-40 was waived and said resolution was adopted. Resolution of the City Council of the City of Rohnert Park Adopting Priority List for Facilities for the Exclusive Use by Pedestrians and Bicycles Funded Under the Transporta- tion Development Act of 1971 Page 3 March 27, 1978 City Manager Callinan, referring to his March 23rd memo to the City Council, explained the resolution. Upon motion of Counci7.r<ian Roberts, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 78 -41 was waived and said resolution was adopted. Resolution No. 78 -42 Resolution Determining to Undertake Proceedings Pursuant to Special Assessment and Assessment Bond Acts for the Acquisition and Construction of Improvements Without Proceed- ings Under Division 4 of the Streets and Highways Code (Snyder Lane and Hinebaugh Creek, Project No. 1978 -1) City Manager Callinan, referring to his March 23rd memo to the City Council, explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 78 -42 was waived and said resolution was adopted. Resolution No. 78 -43 Resolution Appointing Engineer and Attorneys (Snyder Lane and Hinebaugh Creek, Project Noe 1978-1) City Manager Callinan, referring to his March 23rd memo to the City Council, explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 78-43 was waived and said resolution was adopted. Resolution No. 78 -44 Resolution of Intention to Acquire and Construct Improve- ments (Snyder and Hinebaugh Creek, Project No. 1978 -1) City Manager Callinan, referring to his March 23rd memo to the City Council, explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 78 -44 was waived and said resolution was adopted. File No. 0585 - City Manager Callinan reviewed his March 23rd memo to the Amendment to Zoning City Council concerning a proposed amendment to the Zoning Code re. Railroads Ordinance of the Rohnert Park Municipal Code to include railroads, railroad tracks, siding and spur tracks as conditional uses requiring a use permit for same. He informed that the Planning Commission had reconsidered its original recommendation that the City Council approve the proposed amendment, and subsequently recommended that railroad spur tracks not be allowed at all. Staff recom- mended that the proposed ordinance be introduced. Mr. Callinan informed that notice of the public hearing had been published in the local newspaper and mailed to resi- dents along the railroad in ''D" section. Discussion followed during which City Attorney Flitner explained use permit proceedings. Page 4 March 27, 1978 Mayor Hopkins declared the public hearing open to consider a proposed amendment to the Zoning Ordinance of the Munici- pal Code to include railroads, railroad tracks, siding and spur tracks as conditional uses. Mr. Leslie Symonds, 513 Myrtle Avenue, was recognized and informed that he had conducted an investigation of the matter by randomly speaking with a property owner in the "ML" district as well as residents in the vicinity and that none wanted spur railroad tracks. He expressed his opinion that if the Council approved the proposed ordinance, that it should go right to the point, that is, that the city code would not allow spur tracks based on the public's health, safety and welfare. Mr. Charles Kitchen, 5764 Dexter Circle, was recognized and expressed his concurrence with Mr. Symonds statements, i.e. that the proposed ordinance wasn't restrictive enough. IIe expressed concern that if the proposed ordinance were enacted, he would have to appear each and every time a use permit application for a railroad spur track was con- sidered. Mr. Kitchen presented to the Mayor a petition (which is attached to the original set of these minutes) signed by 52 residents urging refusal in granting any use permits for railroad tracks, sidings or spurs on property adjacent to residential areas. Mr. Kitchen requested and received the Mayor's permission to play a tape recording of a conversation he had with Mrs. Mandy Olson, 5751 Dexter. Circle, during which she expressed concern about the noise presently associated with the loading and unloading railroad operations. Mr. Kitchen informed that Mrs. Olson's comments were predominate- ly those expressed by residents in the area and commented regarding the possibility of Boise Cascade and other firms installing additional railroad spurs resulting in a continual problem insofar as noise was concerned. He read exerpts from letters from the firm of Fitzroy - Dobbs, dated March. 2 and 13, regarding the feasibility of erecting; a sound attenuating wall along the Northwestern Pacific Railroad tracks between the Expressway and Golf Course Drive. Mr. Kitchen, receiving the Mayor's permission, introduced Mr. Bob Weinman, 5763 Dexter Circle, who described the noise generated by loading and unloading at Cal Flood Door. He informed that on the night the noise level readings were taken the noise affiliate(a with the railroad was un- believably quiet with the exce.itinn of screeching wheels. He noted that the individual taking th readings had requestek' him to take his dog (which was barking,) indoors and had only stayed five minutes out of the fifteen it actually takes to load /unload. Mr. Kitchen noted that additional homes were to be constructed in the area of the railroad tracks, urged the Council not to accept an amendment that would allow firm. to nnntinually reauest additional railroad spurs, Page 5 March`27, 1978 commented on the Council's duty to protect the health, welfare and peace of the residents of Rohnert Park. He noted that Mr. Jim Redding, property owner in the "ML" District,was seeking clients that would not require railroad spurs and finally that he saw no other course of action except that the Council ban railroad spurs. Mr. Robert Weinman, 5763 Dexter Circle, was again recognized and informed that a non - profit corporation known as " Rohnert Park Homeowner's Coordinating Council" had been formed, that he was serving as interim president, that there were 9 board members and 80 members at large. He informed that the home - owner's council had been formed in response to various situa- tions in the community, such as consideration of railroad spurs. He expressed his opinion that allowing additional railroad spurs would ruin the community and property values, that had he known the resultant noise would be as bad as it is now he would not have purchased his home in the area, noted that the Council had every right to condition a use to load /unload between the hours of 6:00 a.m. and 8:00 p.m., that if the proposed.ordinance were adopted then firms such as Boise Cascade could apply to the Public Utilities Commissi.oL and get a railroad spur, and that Ed Halprin who owns 3 1/2 acres in the "ML" District indicated that he would not lease his property if a railroad spur were required or noise wall. Mr. Weinman questioned if the Council should approve the proposed amendment to the zoning ordinance because it would result in reoccuring use permit applications for railroad spur tracks and generally commented on the fact that the coupling /uncoupling of the trains could be heard even in the vicinity of the Emily Avenue School during the daytime. There being no one further desiring to be heard, Mayor Hopkins closed the public hearing. Councilman Roberts made a motion, which was seconded by Councilman Beary, not to introduce the ordinance which would amend the Zoning Code to include railroads, railroad tracks, siding and spur tracks as conditional uses. Discussion followed between the Councilmembers, City Manager, and City Attorney, and with Mr. Kitchen participating. Mr. L. B. Kenna, 240 Walnut Circle, was recognized and expressed difficulty in hearing, therefore understanding, what was being said. Discussion continued. Councilman Roberts' motion not to introduce the proposed ordinance making spur and railroad sidings subject to a use permit was approved by the following roll call vote: Ayes: (4) Councilmen Beary, Carbone, Roberts, Stewart Noes: (1) Councilman Hopkins Page 6 March 27, 1978 Upon motion of Councilman Roberts, seconded by Councilman Beary, and unanimously approved, the City Council directed the City Attorney to prepare an ordinance which would ban the development of any additional spurs or sidings in town and also directed the City Attorney to prepare a legal opinion concerning the validity of such an ordinance. File No. 0587 - City Manager Callinan reviewed his March 23rd memo to -the Amendment to Zoning City Council concerning a proposed amendment to the Zoning Code re. Setback Ordinance of the Rohnert Park Municipal Code to provide procedure for establishing (a) greater setback areas than required by the zoning schedule and (b) plan lines and advised that the Planning Commission had recommened -the Council enact the ordinance. He informed that notice of the scheduled public hearing had been published in the local newspaper. Planning Director Skanchy breifly commented on "grandfathered" building setback lines. Mayor Hopkins declared the public hearing open to consider a proposed amendment to the Zoning ordinance to provide a procedure for establishing (a) greater setback areas and (b) plan lines. There being no one desiring to be heard, Mayor Hopkins cloced the public hearing. Ordinance No. 348 An Ordinance of the City of Rohnert Park Providing for the Establishment of Building Setback Lines and Plan Lines and Establishing a Procedure for Notice and Hearing Thereon upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved by a roll call vote, reading of Ordinance No. 348 was waived and said ordinance was intro- duced, Brown Is Ambulance Mr. William Brown, 51.5 Franquette Avenue, Santa Rosa, Vice- Service President of Broom's Ambulance Service, was recognized and made a presentation concerning the feasibility of establishing pny�lc_rnt,-iti Area. Mr. a paramedic progra-in, -4-,, -t-he ­-1-1- 1 - _­ -_ -_ _.- -_ Brown described training, emergency care equipment and specu- lated number of calls involving the services of a paramedic. Discussion followed between Council. members, City Manager Callinan and Mr. Brown. The Council expressed it appreciation for Mr. Brown's presen-11-6. tion. Future Civic Center City Manager Callinan reviewed his March 23rd memo to the Site City Council concerning Cofego Enterprises offer to sell the city up to five acres located north of the Expressway, south of Hinebaugh Creek and west of Northwestern Pacific rail-road tracks for a permanent civic center, site. Discussion followed. Page 7 March 27, 1976 Fir. Jon Joslyn, Qantas Development Corporation, was recognized and requested that the Council consider not requiring 100% bond for subdivision improvements because in many cases before they can get any bond the subdividers have to have a firm contract for the work and money set aside in a bank, savings and loan or title company escrow account to guarantee payment to the contractor for the improvements so that in effect subdividers have to guarantee the bond company that the work will be, performed before the bond companies wi,11 issue its bond. Thus, he felt that requiring 100% bond is beneficial only to the bond company, Discussion followed between City Council members, City Manager Callinan, City Attorney Flitner, with Mr. Joslyn participating, Councilman B.eary made a motion, which was seconded by Council- man Carbone, the City Council authorize the acquisition of up to five acres-for a permanent civic center site from Cofego Enterprises, as outlined in their January 13, 1978 letter and City Manager Callinan's memo dated March 23, 1978. Mr. Ed. Westman, 228 Alison Avenue, was recognized and express.- ed opposition to the city going into debt to purchase a future civic center site, especially when one had already been desig- nated for the corner of Snyder Lane and Rohnert Park Exprcesswa� He also.commented that no one had mentioned that the community and recreation center would carry a debt service. Discussion followed between City Council members, City Manager Callinan and Mr. Westman. Councilman Bearyts motion to authorize the acquisition of up to five acres for a permanent civic center site from Cofego Enterprises was approved by the following roll call vote: Ayes: (5) Councilmen Beary, Carbone, Roberts, Stewart, and Hopkins Noes: (0) None R,;.cess Mayor Hopkins declared a recess at this point in the meeting, the time being approximately 9:45 p.m. Reconvene Mayor Hopkins reconvened the meeting at approximately 9:55 p.m. with all Councilmen present. Muster Geographic City Manager Callinan reviewed his March 23rd memo to the City Council concerning authorizing the Mayor to sign the master geographic letter furnished each year to the State Department of Real Estate and informed of a request from Qantas Development Corp. asking that the City reduce its requirement on posting a 100% security on subdivisions to a lesser amount, namely 50%, Fir. Jon Joslyn, Qantas Development Corporation, was recognized and requested that the Council consider not requiring 100% bond for subdivision improvements because in many cases before they can get any bond the subdividers have to have a firm contract for the work and money set aside in a bank, savings and loan or title company escrow account to guarantee payment to the contractor for the improvements so that in effect subdividers have to guarantee the bond company that the work will be, performed before the bond companies wi,11 issue its bond. Thus, he felt that requiring 100% bond is beneficial only to the bond company, Discussion followed between City Council members, City Manager Callinan, City Attorney Flitner, with Mr. Joslyn participating, Page E March 27, 197E Upon motion of Councilman Beary, seconded by Councilman Carbone and approved by the following roll call vote, the City-Council authorized the Mayor to execute the "master geographic letter" to be forwarded to the State Department of Real Estate with the security requirements for subdivisions to be listed as an amount not less than 50% of the improvements, which will be considered by the city provided that other adequate credit substantiation is produced by those subdividers desiring to post less than 100% security, Ayes; (4) Councilmen Beary, Carbone, Roberts and ilopkin, Noes; (1) Councilman Stewart Communications Communications per the attached outline were brought to the attention of the Council., No action was taken on any communica tions except as noted specifically in these minutes. New Mayors and Council Upon motion of Councilman Roberts, seconded by Councilman ��embers Leadership Beary, and unanimously approved, the City Council authorized institute its members to attend the League of California Cities "New, Mayors and Council Members Leadership Institute" in San Diego from May 3 -5, 197E to so do, City Manager's Report City Manager Callinan reviewed his March 23rd memo contemning those items as listed under the "City Manager's Report" section of the meeting's agenda. Police Vehicles Upon motion of Councilman Roberts, seconded by Councilman Carbone, and unanimously approved, the City Council authorized the acquisition of three standard sized police vehicles and two Mazda's for the Department of Public Safety as outlined in City Manager Callinan's March 23rd memo to the City Council, CETA Upon motion of Councilman Carbone, seconded by Councilman Roberts, and unanimously approved, the City Council authorized extending the following positions through the end. of the fiscal year pending a. final decision of the CETA administration; as outlined in City Manager Callinan's March 23rd memo to the City Councils Public Works Construction Inspector Public Safety Administrative Asst. Golf Corse Laborer Public Works Maintenance Worker I Fire Fighting Upon motion of Councilman Roberts, seconded by Councilman Aparatus Beary, and unanimously approved., the City Council authorized transferring .�15g,000 from the City's General Fund- (1977 -7E fire protection budget, vehicle rental) to a cash account entitled "Fire: Equipment Acquisition. Fund ", as outlined in City Manager Callinan's March 23-rd merino to the City Council. Golf Course Drive Upon motion of Cou cilman Roberts, seconded by Councilman Improvements Stewart, and unanimously approved, the City Council authorized making a $5,000 contribution to Crocker Homes, Inc, towards the improvement of Golf Course Drive as requested in their March 21st letter and as outlined in City Manager Callinan's Page 9 March 27, 1978 Eagle Park Maintenance Upon motion of Councilman Beary, seconded by Councilman Roberts, and unanimously approved, the City Council authorized on a trial basis the contractual maintenance of Eagle Park. More House, 265 College City Manager Callinan reported on a meeting he had with View Drive representatives of 265 College View Drive which is under an abatement order and reported that the individuals have indicated that their property is being sold and that within 60;days anew owner may be involved. Indications are that the prospective new owner intends to remove all the existing buildings and.apply for a new apartment development, in which case the abatement proceedings would not have to be pursued. The. Council indicated agreement in letting the matter stand, pending the outcome of the sale of the property. Myerson vs. City of City Manager Callinan brought to the Council's attention the Rohnert Park lawsuit filed by Patricia 11yerson against the City of Rohnert Park and advised that the matter had been referred to the city's insurance carrier for handling. Resolution No. 78 -45 Resolution of Appreciation to David L. Eck City Manager Callinan reviewed the resolution. Upon motion of Councilman Beary, seconded by Mayor Hopkins, and unanimously approved, reading of Resolution No. 78 -45 was waived and said resolution was adopted. Resolution No. 78 -46 Resolution of Appreciation to Arthur F. Hollingsworth, Jr. City Manager Callinan reviewed the resolution. Upon motion of Councilman Beary, seconded by Mayor Hopkins, and unanimously approved, reading of Resolution No. 78 -46 was waived and said resolution was adopted. Council Assignments City Manager Callinan. requested Council consideration for making new Ex Officio ass .gnments .changes. The Council discussed and agreed. to 'the following Council assignments ABAG - Emergency Medical Task Force (Roberts) ABAG (Hopkins - Alternate, Roberts) Ad Hoc Committee fo:o Theatre Arts Center (Roberts) Cha.rrber of Commerce Liaa.son. (Roberts) City- County Policy Committee (Hopkins) Cities- Schools Coordinating Committee (Stewart) Coi ity Solid Waste Management Plan Advisory Committee (Carbone Gu iE Course Advisory Committee t s� ,axyf Sty t,r� 4 Legislation Review (Hopkins - Alternate, Stewart) Library Advisory Board Member (Carbone) Parks and Recreation Commission Liaison (Carbone) Planning Commission Liaison (Roberts) Water Agency Policy Committee ( Beary - Alternate Hopkins) Youth Advisory Commission (Hopkins) Residential Development Committee - deleted. Page 10 March 27, 1970 Restroom Facilities Councilman Stewart initiated a discussion concerning provision in Shopping Centers for public restroom facilities in shopping centers. Discussiol followed during which City Manager Callinan informed that he would follow up on the matter. Paramedics Councilman Stewart indicated that "paramedics" listed under Matters from Councilmen had been previously discussed under the Brown's Ambulance appearance discussion. Miscellaneous The other matters from Councilmen listed on the meeting's agenda were deferred with the consent or the listed Council members. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 11;00 p.m. fa Deputy City Clerk