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1989/09/12 City Council MinutesRohnert Park City Council Minutes September 12, 1989 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 Cochran presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. Call to Order Mayor Cochran called the regular session to order at approximately 7 :40 p.m. and advised that an adjourned regular session convened at 4 :30 p.m. today at the Community Center Site, 5409 Snyder Lane for the dedication of a spa mural in the women's locker room in the Sports Center and for a work session regarding the Cultural Arts Facility (Theatre). He also informed that a closed session commenced this evening at 7 :00 p.m. to discuss personnel and litigation matters. Roll Call Present: (4) Council members Hollingsworth, Hopkins, Spiro and Cochran Absent: (1) Councilman Eck (attending a business conference) Staff present for all or part of the meeting: City Manager Callinan, Planning Director Skanchy, Director of Public works/City Engineer Brust, Director of Administrative Services /Assistant to City Manager Netter, and Assitant to the City Manager Leivo. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, the minutes of the meeting of August 22, 1989 were approved as submitted. Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $1,216,067.96 were approved. CDA bills presented per the attached list in the amount of $828,550.85 were approved. Non — agendaed Items Mayor Cochran queried if any Council member had any non — agendaed items to add to the agenda. No one responded. Unscheduled Public Mayor Cochran stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to make a comment may do so at this time. Don Reindahl, 1400 Mathias Place, was recognized stating that he represented the Double C Steelers Softball Team of Rohnert Park, that the team has a first time opportunity to go to New Mexico for tournament participation, that the costs total $4,500 of which the team has managed to secure all but $1,650 and requested financial assistance from the Council to help cover this shortage. Discussion followed. Rohnert Park City Council Minutes (2) September 12, 1989 A motion was made by Councilman Hollingsworth, seconded by Council Member Spiro, and unanimously approved to contribute $650.00 to the Double C Steelers Softball Team. CONSENT CALENDAR Mayor Cochran queried if anyone had any questions regarding the matters on the consent calendar. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 89 -143 ENDORSING BAY -DELTA PROTECTIONS RESOLUTION Resolution No. A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE SONOMA 89 -144 COUNTY COMMUNITY DEVELOPMENT COMMISSION AND THE CITY OF ROHNERT PARK PROVIDING FOR THE USE OF FISCAL YEAR 1989 -90 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Resolution No. A RESOLUTION APPROVING JOB DESCRIPTIONS AND SETTING PAY RANGES 89 -145 (Engineering Technician II and Information Systems Analyst /Programmer) Resolution No. A RESOLUTION AUTHORIZING AND APPROVING EMERGENCY MEDICAL 89 -146 TECHNICIAN (EMT) PAY FOR COMMUNITY SERVICE OFFICERS AND PUBLIC WORKS EMPLOYEES WHO QUALIFY Resolution No. A RESOLUTION COMMENDING DONALD B. HEAD ON THE OCCASION OF HIS 89 -147 RETIREMENT Resolution No. A RESOLUTION URGING THE CONGRESS OF THE UNITED STATES TO REVISE 89 -148 THE CABLE COMMUNICATION POLICY ACT OF 1984 AND EXPRESSING GENERAL CONCERN ABOUT THE NEED FOR GREATER LOCAL GOVERNMENT REGULATION AUTHORITY Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Miss Rohnert Park City Manager Callinan explained that Mrs. Dennis Wilkes was here Pageant Committee tonight in the absence of her husband to represent a financial request on behalf of the Miss Rohnert Park Pageant Committee. Sharon Wilkes, 7854 Montero Drive was recognized and referred to copies of letter provided to Council from the Miss Rohnert Park Pageant Committee stating that she was available to answer Rohnert Park City Council Minutes (3) September 12, 1989 questions. She confirmed to Council's inquiry that the request for $947.00 was for the Miss Rohnert Park Scholarship Fund and that the shortage in the scholarship fund was due to unfulfilled orrection from 9/26/89 pledges from businesses. meeting: seconded by A motion was made by Councilman Hopkins, seconded by Councilman Councilman NollingsworthHopkins, and unanimously approved, to contribute $947.00 to the Miss Rohnert Park Pageant Committee. Maurice Fredericks City Manager Callinan explained that copies had been provided to Sewer Allocation Council of letter dated August 16, 1989 from Maurice Fredericks Application regarding the sewer allocation application for 90 Arlen Dirve, A.P. No. 143 -38 -19 requesting that this parcel, if allowed to go multi - family, be exempted from the growth management policy of the City for building permit allocations for this lot. Maurice Fredericks, 6950 Commerce Blvd. was recognized and stated that the character of the whole area referenced in his above - mentioned letter has changed considerably, that the parcel is allocated for professional /administrative use, and that his request to Council is to change this status to residential use not to exceed twenty (20) sewer hookups to the site. Discussion followed regarding the number of permits available, the difference between this request and others recently refused by Council, development possibilities and suggestions for this particular piece of property, and acknowledgment was made that Mr. Fredericks is attempting to help some of the processing for a new owner of the property. In conclusion, Council agreed that it would be much better for the new applicant to submit a specific plan rather than give a blanket approval as requested by Mr. Fredericks. Ordinance No. 516 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15, BUILDING AND CONSTRUCTION, TO ADOPT THE UNIFORM BUILDING CODE, 1988 EDITION; THE UNIFORM T30USING CODE, 1988 EDITION; THE NATIONAL ELECTRICAL CODE, 1987 EDITION; THE UNIFORM PLUMBING CODE, 1988 EDITION; THE UNIFORM MECHANICAL CODE, 1988 EDITION; THE UNIFORM FIRE CODE, 1988 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION AND THE UNIFORM S14IMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION; AS AMENDED, AND ADOPTING OTHER REQUIREMENTS In the absence of City Attorney Flitner, City Manager Callinan explained that copies had been provided to Council of letter dated September 8, 1989 from City Attorney Flitner on findings regarding amendments to Ordinance No. 516, as well as distributing to Council copies of "Possible Changes to Proposed Ordinance No. 516 Amending Building Codes" and shared the contents therein (a copy of which is attached to the original set of these minutes). Rohnert Park City Council Minutes (4) September 12, 1989 Discussion followed in which the amendment options l.a and l.b of above- mentioned possible changes were clarified, specifically that l.a requires that all new buildings, except for detached single family dwellings shall have an automatic fire suppression system installed, and it was pointed out that on Page 14 of same, to change Section 2 to read and provide as follows: "This ordinance shall be in full force and effect thirty (30) days after its adoption and posting as required by law except that its provisions shall not become effective and enforced until Janauary 1, 1990" Upon motion by Councilman Hollingsworth, seconded by Council Member Spiro, and unanimously approved, to adopt Ordinance No. 516 with changes on Page 11, Paragraph F, of Section 15.28.065 to include option l.a (requiring all new buildings with the execption of detached single family dwellings to have automatic fire supression systems installed), and add the language set forth in item No. 2 of same document on Page 14, Section 2 of Ordinance No. 516 as outlined above was approved. Planning and Zoning Planning Director Skanchy explained that Council had been provided File No. 1335 with copies of Planning Staff Report dated August 10, 1989 and shared contents therein relative to File No. 1335 - Steven A. and Nancy M. Potter, 1153 Santa Cruz Way, appeal of Planning Commission denial of variance application to reduce 5 ft. sideyard setback to 7 inches in order to construct a carport, as well as copies provided to Council of Mr. and Mrs. Potter's letter dated August 16, 1989 explaining their reasons for said appeal.. Planning Director Skanchy said that the Planning Commission's denial of this request was based on advice of the City Attorney, that there were two requests on this same issue at the August 10, 1989 Planning Commission meeting but that the other party, namely Mark Ritchie, would be tearing their structure down so would not be appealing to the Council. Discussion followed. Dennis Kelleher, 1158 Santa Cruz Way was recognized and distri- buted copies of signed approval of neighbors for the Potter's carport. He stated that he was the neighbor that lives directly across the street from the Potters and would be the most affected by the structure and felt that quite to the contrary of being an obstruction, the carport was an attractive addition to the neighborhood and that he would much rather see their property protected in this manner than to have vehicles parked out front on the street. Mr. Kelleher said that he understood the Council has to enforce the law but wondered why this particular individual was singled out, and asked the Council if some kind of compromise could be granted without tearing down the existing carport. He stated further that he knew the Potters were Rohnert Park City Council Minutes (5) September 12, 1989 willing to build a fire wall as may be required by the fire codes. Mr. Kelleher concluded that it was his hope, and the hope of the eighteen (18) neighbors whose signatures were obtained, that some kind of compromise could be made that would allow the Potters to maintain their structure which enhances the neighborhood and protects their property. Steve and Nancy Potter, 1153 Santa Cruz Way were recognized and shared that he was a resident of Rohnert Park for ten (10) years, that after seeing a number of carports to the fence lines, and talking to various people he obviously got into trouble by listening to the wrong people. He thought there would be no trouble and permits were not required. Mr. Potter said he felt a little intimidated from being in the limelight, that he talked to Planning Director Skanchy who said a fire wall would meet any fire code, and shared photographs with Council to show he was not the only one in the neighborhood with a similar structure. Dennis Tatman, 1174 Santa Cruz Way was recognized and stated that he was considering buying a boat in the future and wondered if he'd have the same problems with storage as expressed tonight. He said there were several RV's in the neighborhood which block the view of children playing when parked on the street. He stated that he has seen the Potter's structure which is very attractive. Discussion followed regarding setback requirements, how many similar structures there are around town, that the issue is a matter of public safety and convenience to keep boats and motor homes off the streets, the making of findings and granting of variances for these type structures and /or to take under advisement and direct Planning Department to come up with adequate changes in the law to allow such sutructures. A motion was made by Councilman Hopkins to grant variance to the applicant tonight and then direct this matter to the Planning Commission to come up with necessary changes in the building code. Discussion followed. Said motion died for lack of a second. A motion was made by Councilman Hollingsworth, seconded by Council Member Spiro, and unanimously approved, to table File No. 1335 and direct Planning Commission to review and make recommendations to change the ordinance to enable the granting of use permits for said structures /carports. Rohnert Park City Council Minutes (6) September 12, 1989 File No. 1336 Planning Director Skanchy explained that File No. 1336 - The Price Club application for use permit, site plan and architectural review for a retail commercial shopping center including automotive service, the on and off sale of liquor and other retail commercial uses is to be continued pending Planning Commission action on revised site plan. File No. 1341 Planning Director Skanchy referred to charts on the wall and explained that Council had been provided with copies of Planning Staff Report dated August 24, 1989 and shared contents therein relative to File No. 1341 - Codding Enterprises application to rezone a 10.2 acre parcel from ML -PD (Limited Industrial Planned Unit Development) District to CR -PD (Regional Commercial Planned Unit Development) District located on the north side of the Rohnert Park Expressway approximately 570 ft. west of Labath Avenue and on the west side of Labath Avenue approximately 160 ft. north of the Rohnert Park Expressway. He stated that the Planning Commission went on record to adopt Resolution 89 -11 recommending to the City Council that the 10.2 acre parcel be rezoned from ML -PD to CR -PD. Public Hearing Mayor Cochran opened the public hearing at approximately 8 :29 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. There being no one desiring to speak, Mayor Cochran closed the public hearing. Ordinance No. 517 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE ZONING MAP CHANGE - CITY OF ROHNERT PARK PLANNING FILE NO. 1341 Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, Ordinance No. 517 was introduced and the application of File No. 1341 was approved. File No. 1345 City Manager Callinan explained that it was necessary to table File No. 1345 - Hudis & Associates, Santa Rosa, Ca. an application for use permit, site plan and architectural review for a 110 room motel, and a service station with a mini -mart and car wash, on a 6.6 acre parcel located on the west side of Redwood Drive opposite the intersection of Commerce Blvd., west of U.S. 101 Freeway. File No. 1346 City Manager Callinan explained that it was necessary to table File No. 1346 - Nazeri & Associates application for use permit, site plan and architectural review for a service station /car wash mini market on a 1.2 acre portion of a 3.7 acre parcel located on the southeast corner of Wilfred Avenue and Redwood Drive. Rohnert Park City Council 'Minutes (7) September 12, 1989 File No. 1251 Councilman Hollingsworth explained File No. 1251 representing the Council Committee reporting on updating the General Plan. He presented and explained Resolution No. 89 -149. Resolution No. A RESOLUTION OF THE CITY OF ROHNERT PARK ACKNOWLEDGING A SUPERIOR 89 -149 COURT ORDER GRANTING PRELIMINARY INJUNCTION (Re. Northwest Rohnert Park Program) Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 89 -149 was adopted. Discussion followed in which Council concurred that staff is under direction to hold this assignment as top priority in order to give prompt direction to the Planning Commission. Spay /Neuter Program Assistant to the City Manager Leivo explained that Council had Proposal been provided with copies of Staff Report dated August 31, 1989 regarding the Spay /Neutering Program Proposal and shared the contents therein. He asked for questions from Council to which it was confirmed that $5,000 was the 1989 -90 projected budget amount for the proposed grant program from the unclaimed deposits which totaled $14,380 at the end of August. A motion was made by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, to approve staff recommendation for the Spay /Neuter Program Proposal as outlined in the Staff Report dated August 31, 1989. Proposed Animal Shelter- Assistant to the City Manager Leivo distributed copies to Council Design /Construction & of updated list of Proposed Members of the Animal Shelter Task Animal Shelter Forma- Force and explained that Council had been provided with copies of tion Committee Staff Report dated August 30, 1989 regarding the Proposed Animal Shelter Design /Construction and Formation of an Animal Shelter Committee and shared the contents therein. He asked if Council had any questions regarding this matter. Discussion followed in which Council agreed that the Animal Shelter has been in need of this kind of attention for at least a couple of years and was happy to see it get underway, Council extended compliments regarding the staff report and presentation and concurred that it would not be necessary to designate a Council member to the committee, but that one could be available if desired. A motion was made by Council Member Spiro, seconded by Councilman Hopkins, and unanimously approved, to approve staff recommendations regarding the Proposed Animal Shelter Design /Construction and Formation of an Animal Shelter Committee as outlined in the Staff Report dated August 30, 1989. Rohnert Park City Council Minutes (8) September 129 1989 Shopping Center Rehab. City Manager Callinan explained that Council had been provided on SW Blvd.& Adrian Dr. with copies of Subcommittee Report dated September 1, 1989 regarding the Shopping Center Rehabilitation on Southwest Blvd. and Adrian Drive. Council Member Spiro commented on the subcommittee meeting with the property owners as outlined in the above - mentioned report pointing out that there was some discussion about cleaning up the corner of the shopping center. Discussion followed during which Assistant to the City Manager Leivo answered questions from Council regarding the proposed plan for landscaping stating that the owners who attended the meeting indicated that they would be willing to work with the City and participate in the cost of landscaping as outlined in the report since it occurs both on public right -of -way as well as private property, further stating that he has talked with Planning Director Skanchy who confirmed to him that the Planning Department will be able to work on the landscape design after the General Plan Update is completed. Further discussion followed regarding possibilities of the properties at this location confirming that the owners are not necessarily inclined to do anything at this time other than the proposed landscape improvements. A motion was made by Council Member Spiro, seconded by Councilman Hollingsworth, and unanimously approved, to endorse the Subcommittee and Staff Report recommendations and to proceed. P,.P. "Friendly City" Manager Callinan recommended that the Staff Report for the Sign Rohnert Park "Friendly City" sign be deferred until after the next item nn the agenda: Co:;.ncil concurred. Market Demand Analysis City Manager Callinan explained that Council had been provided for Add'l Golf Course with copies of Market Demand Analysis for Rohnert Park Golf Course by Ecomonica Research Associates and introduced Greg Cory, Vice President of same. Greg Cory, Vice President of Economics Research Associates from San Francisco was recognized and explained that this phase of the analysis was a market demand study for the feasibility of a third golf course in Rohnert Park. He concluded, based on existing and future planned courses, that in 1993 the market study shows that a third course is viable in Rohnert Park. He explained the methodology used for this conclusion. Discussion followed. Rohnert Park City Council Minutes (9) September 12, 1989 A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to proceed with the next phase of analysis for an additional golf course. R.P. "Friendly City" City Manager Callinan shared pictures with Council and explained Sign (continued) that copies had been provided to Council of memo dated September 69 1989 regarding the Rohnert Park "Friendly City" sign and shared contents therein. Discussion followed in which Council concluded that the sign should be refurbished since it is a landmark of the City. A motion was made by Councilman Hollingsworth, seconded by Council Member Spiro, and unanimously approved, to refurbish the Rohnert Park "Friendly City" sign. City Manager Callinan confirmed other quotes would be obtained to verify the expenditure. 101 Corridor Plan City Manager Callinan explained that copies had been provided to Council regarding a resolution draft provided by Councilman Eck expressing position on 101 Corridor Plan. Discussion followed confirming that Stony Point Road was not an omission as it was already in the plan but that consideration for Petaluma Hill Road had been omitted. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 89 -150 was adopted with the inclusion of Petaluma Hill Road. Sonoma County Trans- Mayor Cochran listed individuals who met to bring back the Sales portation Committee Tax Committee and explained that copies had been provided to Council of memorandum dated August 28, 1989 regarding Santa Rosa Councilman Jeffries' "Transit Now" plan. He stated that he was certain Mr. Jeffries' plan and proposal will be changed and shared consternation particularly of Healdsburg and Cotati. Mayor Cochran said that he would continue to update the Council as the meetings proceed. Redwood Empire Div., Mayor Cochran referred to copies provided to Council regarding League of Ca.Cities letter dated August 30, 1989 from the City of Cloverdale for the Divisional Meeting Redwood Empire Division, League of California Cities requesting Rohnert Park to host the January 27th, 1990 Divisional Meeting. Discussion followed. A motion was made by Mayor Cochran, seconded by Councilman Hollingsworth, and unanimously approved, to host the January 27th, 1990 Divisional Meeting for the Redwood Empire Division, League of California Cities. Rohnert Park City Council Minutes (10) September 12, 1989 Communications Communication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Manager's Report: City Manager Callinan explained that Lewis Kuehm, Co- Chairman of 1989 Founders Days Rohnert Park Founder's Day Assoc. had contacted him to remind the Council of the golf tournament he is conducting for Founders Days, and asked if prizes could be provided as has been done in the past. Council concurred. City Attorney's Report: None. Matters from Council: Mayor Cochran referred to copies provided to Council of letter Meetings dated August 15, 1989 from the National League of Cities (NCL) regarding the designation of voting and alternate voting delegates to the Annual Congress of Cities in Atlanta, Georgia on November 25 -29, 1989 and stated that he would be able to attend. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, for Mayor Cochran to attend the Annual Congress of Cities in Atlanta, Georgia on November 25 -29, 1989. Mayor Cochran reminded Council of the Mayors' and Councilmen's Association of Sonoma County General Membership Meeting on September 14, 1989. Unscheduled Public Mayor Cochran asked if anyone in the audience wished to make an Appearances appearance at this time. David McCarville, Attorney, 3240 Scott, San Francisco and property owner on Redwood Drive, was recognized and made comments on the appeal heard earlier tonight regarding property line setbacks and carport structures and supported the Planning Commission's actions, and discussed the validity of lack of complaints from adjacent neighbors who may oppose the item but are reluctant to speak out. Harvey Bell, 700 Lindsay Avenue was recognized and stated that he was happy that the Council is serious about getting the General Plan updated as the general public wants to have a serious part in the process. He requested that Council allow time so that all interested residents get a chance to have an active part so the end results really meets the needs and desires of the residents and becomes what they want to maintain the quality of life in Rohnert Park. Discussion followed in response to Mr. Bell's comments. Rohnert Park City Council Minutes (11) September 12, 1989 Mayor Cochran expressed appreciation to Mr. Bell for expressing his views, that Council is taking the judge's instructions to heart regarding the 78 acres of the Roberts Lake Road area, that Council has directed staff to make General Plan update recommendations and refer to Planning Commission, and then anyone who wants to have input is welcome to participate. He said that the City is going to try to do this as expeditiously as possible. Attorney David McCarville (property owner on Redwood Drive) was recognized and asked if Mr. Bell was the person in connection with the recent lawsuit regarding the EIR to which Mayor Cochran responded that he was. Mr. McCarville said that he recalled attending many meetings while annexation was going on for the city, that people were invited to speak, notices were in newspapers which gave all the public opportunity to speak, and that he didn't recall Mr. Bell attending any of the meetings. Mr. McCarville said that this is a typical tactic of some to let people go on with plans and then attack for which they may have to pay severely. He said that he didn't think it was proper to sandbag elected officials, that Mr. Bell's concerns should have been expressed 18 months ago at the time of the published meetings knowing that it's very difficult to defend a situation while the proponent has set back and prepared. Harvey Bell expressed appreciation for Mr. McCarville's comments. Allen Smith, owner of Rohnert Park High Tech Auto Body Shop, 5500 State Farm Drive, was recognized and stated that he would like to say "thank vou" to the City Council for the great job done in the past, that Rohnert Park is a great city to live in, and wished the Council success in the upcoming proceedings. Adjournment There being no further business, Mayor Cochran adjourned the meeting at approximately 9 :24 p.m. to 4 :00 p.m. on September 26, 1989 to discuss the swim center. Dep6u Ci Clerk ` a Mayor POSSIBLE CHANGES TO PROPOSED ORDINANCE NO. 516 AMENDING BUILDING CODES 1. On Page 11, change Paragraph E of Section 15.28.065 to read and provide as follows: 1.a "E. All new buildings, except for detached single family dwellings shall have an automatic fire suppression system installed. Automatic fire suppression systems installed shall have an alarm which shall be automatically transmitted to the Department of Public Safety. All automatic fire suppression systems shall have an audible alarm installed as part of the system." M 1.b. "E. All new buildings, except for detached single family dwellings, paired single family dwellings, and duplexes, shall have an automatic fire suppression system installed. Automatic fire suppression systems installed shall have an alarm which shall be automatically transmitted to the Department of Public Safety. All automatic fire suppression systems shall have an audible alarm installed as part of the system." 0 ------- 0 --------- 0 --------- 0 --------- 0 ------ 0 -------- 0 -------- 0 2. On Page 14, change Section 2 to read and provide as follows: "Section 2. This ordinance shall be in full force and effect thirty (30) days after its adoption and posting as required by law except that its provisions shall not become effective and enforced until January 1, 1990." 9-12-89 PMC 0