1978/04/10 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES
April 10, 1978
The Council of the City of Rohn rt 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 Council-
men and City Manager Callinan were present and which was
held to discuss personnel and meet and confer matters.
Call to Order Mayor Hopkins called the meeting of the regular session
to order at approximately 7:20 p.m. and led the pledge of
allegiance.
Roll Call Present: (5) Councilmen Beary, Carbone, Roberts, Stewart
and Iiopkins
Absent: (0) None
Staff present for all or part of the meeting: City Manager
Callihan, City Attorney Flitner;, Planning Director Skanchy,
and Director of Public Works /City Engineer Brust.
Approval of Minutes
Upon motion of Councilman Roberts, seconded by Councilman
Carbone, and unanimously approved, the minutes of March
27, 1978 were approved as submitted.
Approval of Bills
Upon motion of Councilman Roberts, seconded by Councilman
Beary, and unanimously approved, the bills per the attached
list in the amount of $137,682.41 were approved as submitted.
Alan Stansbury re.
Mr. Alan Stansbury, Cotati City Councilman and member of
Golden Gate Bridge,
the Board of Directors, Golden Gate Bridge, Highway and
Highway ;and Transporta-
Transportation District, was recognized and provided Council
tion District
members with a copy of the District's Finance Committee
report, commented on the District's budget /operations and
Sonoma County's allocation of 1978 -79 Transportation Develop-
ment Act Funds.
Mayor Hopkins thanked Mr. Stansbury for his report.
Resol. Re. Stop Signs
City Manager Callinan, referring to his April 6th memo to
the City Council concerning a.resolution authorizing the
installation of certain stop signs on Circle Drive, Lords
Manor Way, and Laurelwood Drive, recommended that no action
be taken on the proposed stop signs because a majority of
the residents in the area were opposed to the installation
of stop signs. Discussion followed.
Upon motion of Councilman Beary, seconded by Mayor Hopkins,
and unanimously approved, the City Council tabled indefinitely
further consideration of stop signs on Circle Drive, Lords
Manor Way, and Laurelwood Drive.
Page 2 April 10, 1978
Resolution No. 78 =47 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHJERT PART: RE-
THE QITY'S NO ANNEXATION POLICY IN ORDER TO REDUCE
SPECULATION IN THE AREA ON' THE CITY'S PERIPHftY
City Manager 'Callinan,..'referringg to his April 6th memo to
resolution.
r
the City ..Council, explained the �^
Upon motion of Councilman Carbone, seconded by Councilman
Stewart, and unanimously approved, 'reading of Resolution
No. 78 -47 was waived and said resolution was adopted.
Resolution,No. 78 -48 RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF ROHNERT PARK
DIRECTING THAT AN APPLICATION BE!FTLED WITH THE SONOMA COUNTY
LOCAL AGENCY FORMATION COMMISSION FOR THE FORMATION.OF A
COUNTY SERVICE AREA.TO PROVIDE EXISTING, EXTENDED POLICE
PROTECTION SERVICES AND MAKING AN APPROPRIATION TO FINANCE
AN IMPARTIAL STUDY TO DETERMINE THE EXACT EXTENT AND
GEOGRAPHIC LOCATION'bF SUCH SERVICES
City Manager Callihan, referring to his April 6th memo to
the City Council, 'e' lained the resolution.
Upon motion of Councilman Roberts, seconded by Councilman
Carbone, and.unanimously` approved, reading of Resolution
No. 78 -48 was waived and said resolution was adopted.
Resolution No. 73--49 RESOLUTION CALLING FOR SEALED PROPOSALS (Overlays, Various
Streets, Project No. 1978 -4)
City Manager Callihan, referring to his April 6th 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--49 was waived and said resolution was adopted.
Ordinance No. 347 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, ADDI14G CHAPTER 5.28 TO TI'T'LE 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 reviewed his,April 6th memo to the
City Council' concerning the proposed "bingo" ordinance.
Mayor 11opkins inquired, if anyone in the audience desired
to sppak concerning the proposed "bingo" ordinance.
Mrs. Betty Ferra, 433,Ava.Avenue,, was recognized and expressed.
that "she was aware the State regulated playing bingo and
that she`'would notelike to see senior citizens exploited
by'any ordinance in order to allow bingo.
Discussion followed between Council members concerning state
and /or local regulations concerning playing bingo.
Page 3 April 10, 1978
Upon motion of Councilman Roberts, seconded by Councilman
Stewart, and approved by the following roll call vote, the
City Council did not adopt Ordinance No. 347 allowing bingo
games in the city for the benefit of charitable organizations.
AYES: (4) Councilmen Carbone, Roberts, Stewart, Hopkins
NOES. (1) Councilman Beary
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
Fire Safety Program
Resolution No. 78 -50
City Manager Callinan, referring to his April 6th memo to
the City Council, explained the ordinance.
Upon motion of Councilman Beary, seconded by Councilman
Roberts, and unanimously approved, reading of Ordinance
.No. 348 was waived and said ordinance was adopted.
4
Miss Kimberly Cator, Chairman of the Youth Advisory Commission,
was recognized and made a presentation concerning the Fire
Safety Program conducted by the Rohnert Park Youth Advisory
Commission and the Rohnert Park Police Explorers Group.
RESOLUTION SUPPORTING THE FIRE SAFETY PROGRAM CONDUCTED
BY THE ROHNERT PARK YOUTH ADVISORY COMMISSION AND THE ROHNERT
PARK POLICE EXPLORERS GROUP
Upon motion of Councilman Roberts, seconded by Councilman
Beary,, and unanimously approved, reading of Resolution No.
78 -50 was waived and said resolution was adopted by title.
Project No. 1977 -17, City "Manager Callinan reviewed his April 6th memo to the
Westward Extension of City Council concerning the EIR prepared by Del Davis Associ-
R.P.Expressway EIR ates for the extension of Rohnert Park Expressway westward
to Stony Point Road and solicited comments from the City
Council concerning same. Discussion followed.
City Manager Callinan informed that comments on the EIR
would be transmitted to the County Department of Public
Works by a letter by Planning Director Skanchy.
File No. 0585 - City Manager Callinan reviewed his April 6th memo to the
Amendment to Zoning Code City Council concerning a proposed amendment to the Zoning
re. Railroads Ordinance prohibiting development of any additional railroad
spurs.
City Attorney Flitner reviewed his April 5th memo concerning
railroad spurs. Discussion followed.
Councilman Stewart stated for the record that she didn't
know that the Council was voting; to prohibit spurs at its
last meeting, that she wanted -to amend the original ordinance
so -that the conditions of operation were clearly specified,
such as.:hours of operation, etc., and that she wanted
to get something that would be a compromise and that could
be worked with. Discussion followed.
Ordinance No. 349
Page 4 April 10, 1978
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT
PARK MUNICIPAL COPE TO PROVIDE FOR THE INSTALLATION OF RAILROPD
TRACKS,;SIDINGS AND, SPURS BY CONDITIONAL USE PERMIT
City Manager Callinan explained the proposed ordinance which,
as amended, would allow railroad spurs as conditional uses
but only used.during certain specified daylight hours, i.e.
6:30 a.m. to 7:00 p.m. on weekdays and from 11:00 a.m. to
5:00 p.m. on Saturdays and no use on Sundays: Discussion
followed.
Councilman Stewart made a motion, which was seconded by
Councilman Carbone, to waive the reading of Ordinance No.
and introduce saidlordinance by title. Discussion f
followed.
,Councilman Beary made a motion to table Ordinance No. 349.
Said motion died for lack of second.
Mr. Francis Passalacqua, Attorney representing Boise"Cascade
Corporation, was recognized and informed Boise - Cascade
that that se-Cascade L
was willing to accept a use permit with conditions in order
to obtain a railroad spur because some materials could only
be received by railway shipments. He expressed that restrict-
ing the use.of the spur track betkben the hours of 6:00,
a.m, and.8:00 p.m. would 'be very suitable to both the rail-
road and Boise-Cascade. He pointed out that it would be
both very restrictive and impractical to truck in all the
supplies and expressed his opinion-that Boise-Cascade is,,
of necessity, engaged in inter - stag; commerce. Mr. Passalacqua
presented a memo (a copy.•of which is attached to the original
set of these minutes) to City Attorney Flitner concerning
the proposed railway siding. Mr. Passalacqua concluded
by requesting that the City Council consider issuing Boise
Cascade a use permit for a railroad spur subject to the
conditions as Previously outlined and generally commented
on Healdsburgts railroad operation near its residential
districts.
Mr. Robert Weinmann, 5763 Dexter Circle, was recognized
and expressed that the residents in his neighborhood were
adamantly opposed to any additional railroad spur tracks.,
Mr. Weinmann inquired if the city was more concerned with
-its residents or a particular firm. He informed that he
had received numerous telephone calls from residents in-
licit and "Ll' neighborhoods, in the area of the Emily School
and Dana Court, who were opposed to railroad spur tracks.
He expressed that business.was good for the community, but
that the Council shouldn't turn its back on the residents.
Mr. Weinmann,lafter a brief discussion with Council members,
and City Manager Callinan, requested that when ordinance
No. 349 was adopted that it specifically provide for daytime
operation,of,th.Q railroad spur and asked that the Council
Postpone adopting said ordinance until he had talked with
r e sidents. Discussion resumed.
Page 5 April 10, 1978
Mr. Charles Kitchen, 5764 Dexter Circle, was recognized
and commenting that he had been listening to this matter
since December, informed that he wanted to review City
Attorney Flitner's April 5th memo concerning railroad spurs.
Discussion followed between City Council members and Mr.
Kitchen concerning railroad spurs, etc.
Mr. William Mish, 5765 Dexter Circle, was recognized and
inquired if the use permit for a railroad spur could be
revoked if problems and /or violations of the conditions
of the permit: occurred. He expressed that the daytime opera -
tion of same would solve several problems.
City Attorney Flitner explained that one of the City Council''
discretionary powers was the right to consider issuance
and /or revocation of ,a use permit.
City Manager Callinan clarified that Boise - Cascade would
still have to apply for a use permit under the proposed,
ordinance, if and when it was adopted.
Councilman Stewart's motion to waive the reading of Ordinance
No. 349 and introduce same was unanimously approved by a
roll call vote.
Ordinance No. 346 - City Manager Callinan reviewed his April 6th memo to the
Re. Uniform Building City Council concerning Ordinance No. 346 which would amend
Codes. Title 15 of the Rohnert Park Municipal Code relative to
building and construction by making necessary findings to
support changes in the uniform codes and adopting same.
Mayor Hopkins opened the public hearing concerning amending
Title 15 of the Municipal Code relative to building and
construction (adoption of uniform codes).
Mr. Jim Lugar, R.C.W. Development Co., 2 Padre Parkway,
was recognized and requested that the City Council consider
changing "C" and "C -R" Districts from Fire Zone No. 1 to
Fire Zone No. 2 explaining that Fire Zone No. 1 resulted
in higher construction costs, that is, to construct a non-
flamable type structure and that Fire Zone No. 1 was specifi-
cally designed for compacted structures such as would be
:found in San Francisco.
There being no one further desiring -to be heard, Mayor Hopkin
closed the pubic hearing.
Discussion followed between. Council members, City Manager
Callinan, City Engineer Brust and Mr. Lugar. City. Manager
Callinan informed that staff would research the matter concei.
ing various fire zones.
Ordinance No. 346 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERI
PARK MUNICIPAL CODE, TITLE 15, BUILDING'AND CONSTRUCTION,
TO ADOPT THE UNIFORM BUILDING CODE, 1976 EDITION; THE UNIFORi
HOUSING CODE, 1976 EDITION; THE NATIONAL ELECTRICAL CODE,
Recess-
Page 6 April 10, 1978
1975 EDITION; THE UNIFORM PLUMBING CODE, 1976 EDITION; THE
UNIFORM MECHANICAL CODE, 1976 EDITION; THE UNIFORM FIRE
'CODE, 1976'EDITION; THE UNIFORM SWIMMING POOL CODE, 1.976
EDITION; AND THE ABATEMENT OF DANGEROUS BUILDINGS, 1976
EDITION, AS AMENDED, AND ADOPTING FINDINGS IN SUPPORT OF
SUCH AMENDMENTS
City Manager Callinan explained the ordinance and City Attor-
ney Flitter read the findings relative to making special
requirements under the uniform codes. Discussion followed.
Upon motion of.;Councilman Roberts, seconded by Councilman
.Stewart-, and unanimously approved, Ordinance No. 346 was
amended to require a minimum 5/811 siding on all single family
structures.
The Council agreed to defer adoption of Ordinance No. 346
until the next Council meeting.
Mayor Hopkins declare&a recess at this point in the meeting,
the time being approximately 9:30 p.m.
Reconvene 'Mayor Hopkins reconvened the,meeting at approximately 9:35
p.m.
Weed Abatement City Manager Callinan reviewed his April 6th memo to the
City.Council concerning weed abatement proceedings, informed
that notice of the public hearing had been published in
the local newspaper and sent to certain owners of properties
and residents it the city.
Mayor Hopkins opened the public hearing concerning notices
to destroy weeds in the City of Rohnert Park.
There being no one desiring to be beard, Mayor Hopkins closed
the public hearing.
Resolution No. 78-51 RESOLUTION ORDERING CITY MANAGER OF THE CITY OF ROHNERT
P K TO ABATE Nt7TSA
AR1 X-11L, , , IES EXISTING WITHIN THE CITY OF ROHNERT
B �L IINC" A
PARK
Upon motion of Councilman Carbone, seconded by Councilman
Roberts, and unanimoulsy approved, reading of Resolution
No. 78-51 was waived and said resolution was adopted.
Restroom.Facilities City Manager Callinan reviewed his April 6th memo to the
in Shopping Centers City Council concerning -the possibility of getting public
restroom facilitie's installed in the Northbay Shopping Center
and Park Plaza Shopping Centers, Discussion followed.
City, Attorney Leaves Ci,ty'Att (
orney Flitter left the Council Chambers at approxi--
and Returns mately, 9:37 p.m. and re I turned at approximately 9:38 p.m.
City Manager Callinan informed that he was awaiting a response
from Len Garrison of Garrison-Pacific Properties concerning
res�room facilities.
Page 7 April 10, 1978
Aqueduct Water for City Manager Callinan reviewed his April 6th memo to the
Cotati Fire Protection City Council concerning; a letter from Sonoma County Water
District Agency requesting city consent to allow Cotati Fire Protection
District to get county aqueduct water service for fire pro-:
tection services. Discussion followed.
Councilman Carbone made a motion, which was seconded by
Councilman. Beary, that the city grant permission to allow
the Cotati Fire Protection District to utilize county aqueduct
water for fire protection purposes as requested. Discussion
followed
Councilman Stewart suggested that the motion be amended
to direct that a letter be sent, over the Mayor's signature,
to the Cotati Fire Protection District denoting the fact.
that Rohnert Park was trying to overcome the situation in
view of previous cooperation. Councilmen Carbone and Beary
accepted the suggestion as a friendly amendment to the
original motion.
Mr. Peter D. Bailey, 7421 Adrian Drive, was recognized and
pointed out that the City Council could utilize the fire
district's request for county aqueduct water as a lever
in order to recoup some of the back taxes paid by some resi-
dents in IVI section to subject fire district.
Councilman Carbone's motion, as amended, was unanimously
approved,
Shuttle Bus Service City Manager Callinan described shuttle bus service being
provided to the community, that is, Route 10 to the Cotati -
Rohnert Park area. Discussion followed.
Communications Communications per the attached outline were brought to
the attention of the Council. No action was taken on any
communications except as noted specifically in these minutes.
Contractual Maint.- City Manager Callinan informed that copies of a work
Country Club Drive sheet prepared by the Public Works Department regarding
Medium Strip contractual maintenance of the Country Club Drive medium
strip had been disseminated to each Council member.
CETA Funding City Manager Callinan advised that funding for three
CETA positions in the city had been extended to September
30, 1978, i.e. Golf Course Laborer, Public Safety Administra-
tive Asst., and Public Works Maintenance Worker, and
one extended to June 19, 1978, i.e. Public Works Inspector.
Golf Course Carts City Manager Callinan informed that copies of a letter
from himself to Golf Professional Bill Ross relative
to repair and /or replacement of damaged golf carts had
been distributed to each Councilman.
Page 8 April 10, 1970
Golf Course- Broken City Manager Callinan explained that he had received
Windows a telephone call from a resident concerning a window
broken by a golf ball. He informed that the city didn't
assume responsibility for such, accidents and solicited
comments from the Council iiembers concerning whether
or not the city should assume responsibility in replacing
resident's broken windows.
After discussion, it was'the consensus of the Council
that homeowners or the golfers were responsible for
costs incurred as the result .of uncontrolled golf balls
breaking windows and /or damaging property but that the
city was not.
Women's Correctional City Manager Callinan informed that a representative
Facility
of the State Department of Corrections would be discussing
women's correctional facilities with the Planning Commission
at its next meeting.
Astro Turf
City Manager Callinan informed that copies of a report
prepared by Director of Parks and Recreation Pekkain
concerning cost of astro turf installation had been
provided to each Councilman.
Volunteer Police /Fire-
City Manager Callinan advised that copies of a memo
men's Worker's Comp.
prepared by Administrative Asst. Stanton and Asst, to
Benefits
the City Manager Albright relative to volunteer police/
firemen's worker's compensation benefits coverage had
been provided to each Council member.
Home Box Office
City Manager Callinan briefly commented on continuing
efforts to have Storer Cable TV offer to its subscribers
the "home box office" feature.
Surplus Water for
City Manager Callinan advised that Marin County had
Marin County
requested that it be allowed to purchase surplus county
aqueduct water. He explained that the city, as a party
to the county aqueduct agreement, would have to consent
to allowing Marin County to purchase surplus water and
solicited Council comments concerning same. Discussion
followed.
New Golf Course - '
City Manager Callinan informed that the City in cooperation
Special Press Review
with Crocker Homes, Inc.-and Debra Homes, Inc., was
holding a special press review on the new golf course's
development on April 14th, 11:30 a.m.
Antique Fire Truck
City Manager Callinan explained that the Volunteer Firemen's
Association had offered to jointly purchase with the
city 'a 1922 Seagraves pumper. Each organization would
Contribute $1,000 towards the aquisition of said pumper
f ire,,truek which would be used in parades or other such
events that tend to boost morale.
Page 9 April 10, 1978
Upon motion of Councilman Beary, seconded by Councilman
Hopkins, and unanimously approved, the City Council_
authorized a $1,000 expenditure towards the purchase
of the 1922 Seagraves pumper.
Public Safety Grant City Manager Callinan informed. -that the Department of
Public Safety.was applying for traffic safety grant
to institute computerized stats.
Golf Course Lakes City Manager Callinan informed that staff would like
to confer with the Council's golf course committee concerning
increasing the depth of the existing golf course lakes.
The Council so authorized.
Resolution No. 78 -52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK ADOPTING A POLICY FOR FURNISHING IMPROVEMENT SECURITY
TO THE CITY OF ROHNERT PARK PURSUANT TO CHAPTER 5 (Government
Code § 66499, et. seq.) OF THE GOVERNMENT CODE INCIDENT
TO SUBDIVISION AGREEMENTS
City Attorney Flitner explained the resolution.
Upon motion of Councilman Beary, seconded by Councilman
Carbone, and unanimously approved, reading of Resolution
No. 78 -52 was waived and said resolution was adopted.
League of CA Cities City Manager Callinan reminded Council members of the
New Mayors & Council- upcoming League of California Cities New Mayors and
mens Institute Councilmens Leadership Institute, scheduled for May
3 -5, 1978 in San Diego.
League of CA Cities City Manager Callinan informed -that copies of the .League
Briefings re. Property of California Cities bulletin regarding briefings on
Tax property tax had been provided to Council members.
Redwood Empire Division, City Manager Callinan informed that copies of the April
League of CA Cities 15th Redwood Empire Division, League of California Cities,
meeting's agenda in Petaluma had been provided to each
Council member.
Alcoholism Awareness City Manager Callinan informed that the Orenda Center
Program would be conducting an "alcoholism awareness program"
for the city's employees. Council members were invited
to attend one of the presentations.
Hospital. Ac Hoc Councilman Roberts initiated a discussion concerning
Committee the Hospital Ad Hoc Committee. Discussion followed.
Upon motionof Councilman Carbone, seconded by Councilman
Beary, and unanimously approved, the City Council designated
Art Roberts as its spokesman concerning hospital site
development.
Page 10 April 10, 1978
Golf Course Leasing Councilman Roberts initiated a discussion concerning
authorizing the City Manager to study the feasibility
of contracting out with a private firm for the maintenance
of the municipal golf course, payment of debt service,
etc. Discussion followed.
Upon motion of Councilman -Roberts, seconded by Councilman
Carbone, and unanimously approved, the City Council
authorized City Manager Callinan to study the feasibility
concerning.the leasing of the golf course.
Stadium.Lights Councilman Carbone initiated a discussion concerning
stadium lights. Discussion followed during which City
Manager Callinan informed -that he would set up a joint
meeting with the unified school board and City Council
to discuss this and other topics and that the stadium
lights topic would be put on the next agenda as requested
by Councilman Carbone.
Northbay Regional Councilman Carbone expressed his desire to have the '
Criminal Justice Board Council consider making an appointment to the Northbay
Regional Criminal Justice Board.
Ambulance Councilman Carbone informed that there were approximately
1.5 ambulance calls per day for the month of March.
City Manager Callinan advised that Brown's Ambulance
Service and Cadlels Mercy Ambulance Service, as well
as Messrs. Lopez and Corbin had made application for
a Certificate of Public Convenience and Necessity to
provide ambulance service to the city. Discussion followed.
Adjournment There being no further business, Mayor Hopkins adjourned
the meeting at approximately 10:35 p.m.
D--puty- City Clerk
_mP tg
Z, S'a "uJ i ofip 8duZOSCs�,aa x,t r 4. li.i....
SLAW OFFICES OF
PASSALACQUA & MAZZON7
150 MATHESON STREET )�
HEALDSBURG, CALIFORNIA 98448 / -
FRANCIS M. PASSALACOUA
JAMES R. MAZZONI,;JR. TELEPHONE: MAR. 0. SOX 436 ADDRESS
-THOMAS R. PADSALACOUA 17077 433-33 63 -
MARK L. GLADDEN -
April 10, 1978
MEMORANDU "4 TO John Flintner, City Attorney
for Rohnert Park
FROM: Francis M. Passalacqua
SUBJECT Railway Siding /Rohnert Park, California
FACT
The municipality of Rohnert Park, California, has been con-
sidering the prohibition of Boise's construction of a private
sidetrack or the imposition of restrictions on Boise's use
of any sidetrack which Boise is authorized to build. The
attached memo cites authority for the proposition that the
regulation of the construction of private sidetracks is.not
preempted by the federal government except to the extent r
that such regulations appear to be solely directed at con-
trolling noise pollution caused by 'railroad facilities.
Consequently, state or municipal regulation of Boise's
construction of a sidetrack would not be prohibited p2,r se.
ISSUE
A.. suming that the prohibition of Boise s construction or the
regulation of Boise's use of a sidetrack is directed at more,
than just noise pollution, so that 'such local regulation is
not contrary to federal law, the issue remains whether such
municipal regulation is contrary to California State law.
Specifically, the issue .is whether the State has preempted
regulation of sidetracks and vested; such regulation in the
California Public Utilities. Commission (PUC).
CONCLUSIOi1
The power of the municipality to regulate the operation of t
any railroad which is subject to reguiat_Lon by the 'PUC is �
severely :_imited and would not include regulation of the
speed of state --wide railroad using an _industrial sidetrack
or limita;-,ion of the hours during which the track might be
used unless perhaps the regulation only applied to Boise
conducted operations on a Boise track and had no impact.on
railroad ;t�quipment or railroad operations.
W e I
_,ave contacted the property Ov. r,9 south of Cal Wood Door,
a,ad. it is their intention of cleveloning their property similar
to — if not better than — Northgate Industrial Park. These
property owners are not soliciting nor are they interested in
attracting buriness that will require railroad spurs. They are,
however, deeply concerned about business and tenants that will.
ge aerate hi{J-i. revenue.
Does the City Council ;%r ant, to depress the property value of
there forcrighted property ownero by Joveloping the area north
of Cal Wood Door into a "Chicago stockyard"?
We further. recent (anc,1 so shoul-d you) the threats or promises,
or i we (: ",ay threats" of Mr. Passalaqua, Attorney
for Poise Cascade, that if voice Cascade does not get a railroad.
spur, they v!ill "Gr-ant Deed,0' th(--.- property to North,,:e st ern Pacific
Railroad and. create
It is interesting to note that Boise Cascade closed escrow on
their $500,000 piece of property on January 3,1978. The City
Council did not approve their use permit until March 134978.
Boise Cascade would never. "cast the dice" on a half million
dollars if they did not believe they would get the use permit
and the railroad spur. The City Council initially denied the
first request of a use permit to Boise Cascade; now that they
have granted one, we ,:are told by the City Council that Boise
Cascade can be "controlled". Boise Cascade, however, isn't ever,
started, and we are confronted with threats if the City Council
doesn't give them a railroad spur, Ti' the Council cannot handle
poise Cascade now, they will never be under the control of the
city Council.
e do o not 11:)eTieve for one second the City Council's com-
prowipe that if Boise Cascade gets the railroad spur, it will
repult in Anytime pick—up and deliveries for Boise Cascade and.
,l l < ire ;r)oken to an attorney with the P.U.C. for the State
of C _ Iifornin; the P.M. Chief. Engineer; the City Attorneys of
is for the benefit of the resirlemts of
Rolffiert P,.iXI,,, it is) not confined to Il-D" section
,de havc, -we-rola,,', requests to become actively owpore(l to
the Rri. nn nog: , being; discussed,
Thank You
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is for the benefit of the resirlemts of
Rolffiert P,.iXI,,, it is) not confined to Il-D" section
,de havc, -we-rola,,', requests to become actively owpore(l to
the Rri. nn nog: , being; discussed,
Thank You