1990/02/27 City Council MinutesROLL CALL
Approval of Minutes
Approval of Bills
Rohnert Park City Council Minutes
February 27, 1990
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
Hollingsworth presiding. The open regular session was
preceded by a closed session which commnced at 7:00 p.m.
Mayor Hollingsworth called the regular session to order at
approximately 7:50 p.m. and led the pledge of allegiance. He
advised that a closed session commenced this evening at 7:00
p.m. to discuss Public security matters, litigation matters,
personnel matters, and real estate negotiations.
Present: (3) Council members Cochran, Hopkins, and
Hollingsworth
Absent (0) None
Staff present for all or part of the meeting: City Manager
Callinan, City Attorney Flitner, Planning Director Skanchy,
Director of Public Works /City Engineer Brust, Director of
Administrative Services /Assistant to City Manager Netter,
Assistant to the City Manager Leivo, Recreation Director
Pekkain and Director of Performing Arts Center Grice.
Upon motion by Councilman Eck, seconded by Councilman
Hopkins, with a correction in the February 13 minutes by
Mayor Hollingsworth regarding "Meet Your Judges" public
Forum, Resolution No. 90 -37 on page 4, to include the time
and place on March 5, 1990 at 7:00 p.m. at the Santa Rosa
Veteran's N miorial Building, the minutes of February 5, 12
and 13, 1990 were unanimously approved.
Upon motion by Councilman Hopkins, seconded by Councilman
Cochran, and unanimously approved, the bills presented per
the attached list in the amount of $345,569.27 were approved.
Mayor Hollingsworth queried if any Council member had any
non - agendaed items to add to the agenda.
City Manager Callinan said he would like to add an item to
the City Manager's report regarding a sidewalk on the
Rohnert Park Expressway adjacent to the Rancho Verde Nbbile
Home Park.
,ohnert Park City Council Minutes (2) February 27, 1990
u`3s^ eduled Public
Appearances Mayor Hollingsworth stated that in compliance with
State Law (The Brown Act), anyone in the audience who wished
to make a comrient may do so at this time. No one responded.
CC NSENJr CALENDAR
Mayor Hollingsworth 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.
90 -40 A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK
ACCEPTING GRANT DEED FROM NCBAIL CCNPANY (For Parcel "A" in
University Park Subdivision Lhit No. 2)
Resolution No.
90 -41 RESOLUTION AUTHORIZING SALARY ADJUSTMENTS FOR CERTAIN
RECREATION DEPARTMENT PART -TIME EMPLOYEES
Resolution No.
90 -42 RESOLUTION PARTIALLY ACCEPTING SUBDIVISION IMPROVENENTS AND
AUTHORIZING EXCHANGE OF SECURITIES, SPRECKEI.S PLACE UNIT 4
Resolution No.
90 -43 RESOLUTION CALLING FOR SEALED PROPOSALS BENICIA RECREATION
AREA INPROVETENTS PROJECT NO. 1987 -20
Upon motion by Councilman Hopkins, seconded by Councilman
Eck, and unanimously approved, the Consent Calendar as
outlined on the meeting's agenda was approved.
School Crossing
Guards City Manager Callinan explained that Council had been
provided with copies of various letters and documents
regarding school crossing guards at Camino Colegio and
Southwest Boulevard and at Snyder Lane at the entrance of
J Section as follows: 1) Proposal letter dated February 19,
1990 with attached documents from Art Hollingsworth; 2)
Letter dated February 23, 1990 from Ann Huber,
Principal /Cotati/Rohnert Park Lhified School District; 3)
Letter dated February 26, 1990 from City Engineer /Director of
Public Works Brust; and 4) Spring 1990 publication "Safety ",
A Traffic Safety Newsletter for Elementary Educators from the
California State Automobile Association.
The Mayor met with representatives from the School District
and the conm,inity to discuss the subject of school crossing
In addition, staff also met with the School District
regarding this matter.
Rohnert Park City Council Minutes (3) February 27, 1990
Rhonda Cramer, 7198 Camino Colegio, said she represents a
parent group, C.R.O.S.S., concerned with the safety of our
children as they go to and from school and the need for
crossing guards. She shared contents of prepared statement
(copy attached to original set of these minutes) and asked
Council to consider Mayor Hollingsworth's proposal.
Mayor Hollingsworth referred to his proposal letter dated
February 19, 1990 (copy attached to original set of these
minutes) and shared the contents therein regarding entering
into an agreement with the Rohnert Park Cotati School
District to provide crossing guards at Camino Colegio and
Southwest Boulevard and at Snyder Lane at the entrance of J
section where the bicycle path intersects Snyder Lane.
Discussion followed in which it was confirmed that the School
District is expecting Rhonda Cramer to present the need for
crossing guards at its March 6, 1990 meeting. It was also
confirmed at the January 22, 1990 Joint School Board meeting
with City Council that, if Council would be in favor of this,
the School District would be willingtofund fifty percent of
the costs.
A motion was made by Mayor Hollingsworth, seconded by
Councilman Cochran, and unanimously approved to approve the
Mayor Hollingsworth's proposal for specified crossing guards
as outlined in his February 19, 1990 and to enter into an
agreement with the School District regarding same.
Resolution No.
90-44 A RESOLUTION OF AWARD OF CONTRACT ROOF FOR ROHNERT PARK
STADILM PROJECT 1989 -2
City Manager Callinan explained that copies had been provided
to Council of resolution for consideration awarding a
contract for the stadium roof, Project No. 1989 -2 to Hyde and
Kennedy Inc. in the amount of $98,325. This matter was held
over from the previous Council meeting because City Attorney
had indicated possible complications due to Sierra Club
lawsuit. After investigation City Attorney has confirmed it
is exempt. Hyde & Kennedy was the low bidder of seven (7)
bids that were received from a high of $129,890 to a
low of $98,325. The City Engineer's estimate on this project
was $70,000.
Discussion followed confirming the need for comfort to people
using the stadium including previous commitment to Founder's
Day Assoc. regarding the need for a covered area to host
concerts, etc. City Engineer Brust said the price was
greater than anticipated due to the structural method
required to hold the overhang. Council inquired about a firm
fixed price at this point to which City Manager Callinan
Rohnert Park City Council Minutes (4) February 27, 1990
responded that na-m ly 5% is allowed for urseen factors.
Confirmation was given that the Pro - Baseball Reserve in its
entirety be used for the project with the balance of funds
needed coming from the Reserve for Development of Additional
Recreation Facilities.
Upon motion by Councilman Cochran, seconded by Councilman
Hopkins, and unanimously approved, Resolution No. 90 -44
was adopted.
Cultural Arts Corp.
New City Signs City Manager Callinan referred to schematic drawings on the
wall and explained that Council had been
provided with copies of letter dated February 11, 1990 from
Rohnert Park Cultural Arts Corporation regarding the design
of new City Limit Welcoming signs. Out of seven (7)
drawings, the Cultural Arts Corporation recommended #1 and #5
for Council's review.
Discussion followed in which Council concurred to refer this
matter to the Planning Commission and to indicate that
Council's preferences are signs #1, #3, and #5 with a larger
"Welcome" and without astericks between the letters in
Rohnert Park.
Perf.Arts.Center
Lobby Wall Mxral City Manager Callinan referred to mural on wall and glass
reproduction of mask and explained that Council had received
copies of letter dated February 20, 1990 from the Cultural
Arts Corporation regarding its recommendation of Nancy Tea's
mural for the lobby wall at the Performing Arts Center.
In discussion with the Architect from Roland/Miller /Assoc.,
Staff was told that the wall is a sound wall that hangs on
suspended columns. Staff feels it is premature to install
any art on the lobby wall and that the Center should be
operating for a period of time to let the community get a
feel of the facility before decisions are made on the
art furnishings. He talked previously with Artist Nancy Teas
who understands the situation. Council concurred.
Mm's Spa M.iral City Manager Callinan said the men's spa mural by Artist
Nancy Teas at the Sports Center is finished and asked if it
was Council's desire to have a dedication. Council agreed
there should be a dedication of the men's spa mural as was
previously done for the women's spa mural.
Cultural Arts Corp.
Category Clarification -City Manager Callinan referred to letter dated February 23,
1990 from the Cultural Arts Corporation asking for
clarification of category it falls under in the Fee Schedule
of Use of the Performing Arts Facility, and wanting to know
if it is classified as a City Agency. City Manager
recoitvwl- ed deferring this matter to the next Council meeting
since copies of the letter had not been provided to Council
for tonight's meeting. Council concurred.
Rohnert Park City Council Minutes (5) February 27, 1990
Swimming Pools City Manager Callinan explained that copies had been provided
to Council of reports from Director of Recreation Pekkain
regarding Financial Report for Calendar Year 1989, Proposed
1990 Fees and Proposed 1990 Schedule (copies attached to
original set of these minutes).
Director of Recreation Pekkain referred to above- mentioned
reports, shared the contents therein and responded to
Council questions.
Discussion followed regarding compensation by other City
activities for small losses of pool rates, confirmation of no
sales tax on use of pool with the exception of concessions
sales, and that the Lease Agreement between the Rohnert Park
Swim Team and the City has had a slight change in the
schedule and will be held from March 5th through April 13,
and authorized staff to execute said lease with changes.
Upon motion by Councilman Hopkins, seconded by Councilman
Cochran, and unanimously approved, the proposed fees and
schedule for 1990 regarding the swimming pools was approved
as submitted by staff.
Perf .Arts Center
Acoustical Smell City Manager Callinan explained that Council had been
provided with copies of multi -page reort dated February 21,
1990 from Performing Arts Center (PAC) Director Grice
regarding considerations for the acoustical shell for the
Performing Arts Center.
Performing Arts Center Director Grice referred to above -
mentioned report and shared the contents therein. He said
various parties concerned agreed that Wenger Corporation's
offer should be accepted for the price not to exceed $47,200.
He reviewed the differences in bids, and explained the
ability to store the acoustical shell when not in use. All
the mrk could be done before the gala opening in April.
Discussion followed confirming Council committee's review of
this matter, guarantees of quality and confirmation that said
shell would be purchased from the theatre project funds.
A motion was made by Councilman Hopkins, seconded by Council
Member Spiro, and unanimousely approved, to purchase the
acoustical shell for the Performing Arts Center as
recommended by Council committee and submitted by staff.
Perf.Arts Center
Select Ticketing Sys. Performing Arts Center Director Grice explained that Council
had been provided with copies of his memo dated February 22,
1990 regarding Select Ticketing Systems contract for the
Performing Arts Center and shared the contents therein.
Staff has researched and recommends Select Ticketing Systems,
Inc. to provide the hardware, software, and hardware and
Rohnert Park City Council Minutes (6) February 27, 1990
software servicing for the business a_r d box office co.rp,ater
operations for the Performing Arts Center. Resolutions for
consideration have been prepared approving the Computer
Hardware Purchase Agreement, approving the Software License
Agreement, approving the Software and Hardware Support
Agreement, and approving a Source Code Escrow Agreement.
Discussion followed regarding the billing procedure,
completeness of the service provided to groups using the
theatre, and provision of profit and loss statements.
Director of Administrative Services Netter indicated he had
negotiated additional terms in the agreements that benefited
the City. The City Council concurred with the changes.
SYSTEMS, P(es0lUtion No.
90-45 A RESOLUTION APPROVINIG A HARDWARE PURCHASE AGREEMENT WI
SELECT TICKETING j
THE BUSINESS AND BOX OFFICE SYSTEM AT THE PERFORNE
CENTER ARTS
Upon motion by Council Mbmber Spiro, seconded by Councilman
Hopkins, and unanimously approved, Resolution No. 90 -45
was adopted.
Resolution No.
90-46 A RESOLUTION APPROVING A SOFTWARE LICENSE AGREEMENT WITH
SELECT TICKETING SYSTEMS, INC. ( "S.T.S. ") FOR THE LICENSING
OF BUSINESS AND BOX OFFCE COMMUTER SOFTWARE AT THE PERFORWNG
ARTS CENTER
Upon motion by Council Mbmber Spiro, seconded by Councilman
Hopkin, and unanimously approved, Resolution No. 90 -46
was adopted.
Resolution No.
90-47 A RESOLUTION APPROVING A SOFTWARE AND HARDWARE SUPPORT
AGREEMENT WITH SELECT TICKETING SYSTEMS, INC. ( "S.T.S. ") FOR
THE PURPOSE OF PROVIDING SOFTWARE AND HARDWARE SUPPORT FOR
THE BOX OFFICE AND BUSINESS OPERATIONS OF THE PMFOF2M M
ARTS CENTER
Upon motion by Council Member Spiro, seconded by Councilman
Hopkins, and unanimously approved, Resolution No. 90 -47
was adopted.
Resolution No.
90-48 A RESOLUTION APPROVING A "SOURCE CODE ESCROW AGREEMENT"
BETWEEN SELECT TICKETING SYSTEMS, INC. ( "S.T.S. ") FOR THE
PURPOSE OF CONmROL AND SAFEKEEPING OF THE SOURCE CODE OF THE
BUSINESS AND BOX OFFICE CCMPUTM SOFTWARE FOR THE PERFORM M
ARTS CENTER
LPon motor. by Council Spiro, seconded by Councilman
Hopkins, and unanimously approved, Resolution No. 90 -48
was adopted.
Rohrnert Park City Council Minutes (7) February 27, 1990
City /CDA Amended &
Restated Loan Agrment,
for Per'f -Arts Center Director of Administrative Services /Assistant to the City
Manager Netter explained that Council had been provided with
copies of resolution for consideration approving an Amended
and Restated Loan Agreement No. 2 between the City of Rohnert
Park and the Community Development Agency for additional
funds needed in the construction of the Performing Arts
Center and shared the contents therein.
Public Hearing Mayor Hollingsworth opened the public hearing at
approximately 8:33 p.m. and asked if there was anyone
in the audience wishing to speak regarding this matter.
No one responded.
There being no one desiring to speak, Mayor Hollingsworth
Resolution No. closed the public hearing at approximately 8:33 p.m.
90-49 RESOLUTION OF THE CITY COU4CIL OF THE CITY OF RAT PARK,
CALIFORNIA, APPROVING THE FINAL FORM OF A CERTAIN AM�ED AND
RESTATED IRAN AMEE 4M NO. 2, AUTHORIZING EXECUTION THEREOF,
AND MAKING CERTAIN FINDINGS IN CONNECTION WITH A CERTAIN
C0I" *1ITMENT BY THE AGENCY FOR THE USE OF TAX INCREMENT
ROIMJES TO PAY FOR THE INSTALLATION AND CONSTRUCTION OF A
PUBLICLY OWNED BUILDING PUR
CODE SECTION 33679. SIANT TO HEALTH AND SAFETY
Upon motion by Councilman Hopkins, seconded by Council Member
Spiro, and unanimously approved, Resolution No. 90 -49
was adopted.
Cable Television Cable TV Council Committee Member Eck referred to memo dated
February 22, 1990 from Assistant to the City Manager Leivo
regarding the report from Council committee's meeting with
Consultant Carl Pilnick of Telecommunications Management
Corp. on cable TV and shared the contents therein (copies
Provided to Council and attached to original set of
these minutes).
Discussion followed regarding, rates, taking strongest
posture possible regarding franchise negotiations, new
technologies in the cable TV industry and the splitting of
signals. The need was expressed for further direction from
Council for staff to fianlize the System and Services Review
report for the next meeting with W. Pilnick. Also,
the Council was informed that W. Pilnick would be completing
an audit of MultiVision which has been scheduled for March 21
and 22, 1990, afterwhich the actual negotiations for the
cable TV franchise agreement would start.
Further discussion followed with Council recommendations to
begin working on the Consumer protection report, negotiation
Options with the cable TV company to provide an incentive
Program to give good service, and M.11tiVision providing the
revenue sources for the co It '
nsu ant s services.
Rohnert Park City Council Minutes (8) February 27, 1990
Suggestion was made to send letters from each Council member
to State legislators regarding the return of local rate
regulations and to include an article in the City's
newsletter encouraging citizens to also write to legislators
Comirents were made regarding the formation of a citizens'
committee to help with the cable TV franchise negotiations
with Mr. Pilnick's willingness to work with them but
stressing the importance of keeping it small and that it
would add time to the process.
Council concurred to have the cable TV Council committee
prepare recommendations for Council review and consideration,
and to have staff proceed with finalization of the System and
Services Review Report.
Planning and Zcning
File No. 1187 Planning Director Skanchy said the applicants had not yet
arrived regarding File No. 1187
File No. 1335 City Manager Callinan explained that Council had been
provided copies of letter dated February 2, 1990 from Steven
A. and Nancy M. Potter, 1153 Santa Cruz Way regarding File
No. 1335 - Appeal of Planning Commission's denial to refund
$150 variance application fee. Staff recommends refunding
the $150 to the Potters.
A motion was made by Councilman Hopkins, seconded by
Councilman Cochran, and unanimously approved, to refund the
$150 variance application fee as requested by the
Potter's /File No. 1335 and recommended by staff.
NW R.P. EIR City Manager Callinan reviewed Environmental Impact Report
Proposal received from Elgar Hill, Consultant for the
Northwest Rohnert Park area outlining the items necessary for
an updated and expanded EIR for the project. He estimates
that in order to complete the supplemental EIR, four (4)
phases would have to be completed for a total amount of
$15,330. Copies of the letter from Elgar Hill dated February
21, 1990 were provided to Council.
Discussion followed regarding the incorporation of this EIR
in the General Plan and clarification of the area by Planning
Director Skanchy in relation to the Sierra Club lawsuit.
A motion was made by Councilman Hopkins, seconded by
Councilman Cochran, and unanimously approved, to accept the
proposal from Elgar Hill for they Northwest Rohnert, Park FTR.
City Manager Callinan said the City has solicited proposals
from various f i rms to provide Envi rorLme tal impact Reports
for three other projects as listed on tonight's agenda for
the wastewater pump station modifications (a focused EIR),
Rohnert Park City Council Minutes
General Plan Review
(9) February 27, 1990
the Codding Enterprises regional shopping center area (a
focused EIR) and the proposed Civic Center on City Hall Drive
(a focused EIR). The City has not yet received proposals for
these projects and will be deferred to the next Council
meeting on March 13, 1990.
Mayor Hollingsworth said last night's meeting for the General
Plan was a good one and there would be no further contents at
this time except to advise that the next public meeting for
the General Plan will be on Tuesday, March 6, 1990 to
discuss Circulation and other elements.
RP Expressway Ext.
to Stony Point Road City Manager Callinan said the Rohnert Park Expressway
Extension to Stony Point Road, Project No. 1984 -21 is nearing
completion and asked Council if there should be an
appropriate dedication. City Engineer Brust said the final
paving is almost done, that signs will be placed in a day or
two at which time it will be ready to open to the public.
Council concurred to have an opening dedication for the
Rohnert Park Expressway Extension to Stony Point Road next
Wednesday, March 7, 1990.
Property User's
Request re.Settlement
of Damages/Pimentel's City Manager Callinan explained that Council had been
provided with copies of his proposal letter dated January 16,
1990 to John King, Pimental family representative, regarding
property user's request for possible damages due to the
Morrison dairy cows not being able to use a pasture
during the construction of the Rohnert Park Expressway
West Extension and shared the contents therein. The letter
concluded with a recommendation to the City Council to
authorize a payment to the Morrison brothers in the amount of
$2500 to cover any and all extra costs they incurred as a
result of the Expressway extension project. A response to
this letter was received in which the owner felt $3500 would
be fair compensation.
A motion was made by Councilman Hopkins, seconded by
Councilman Cochran, and unanimously approved, to authorize
a payment to the Nbrrison brothers /Pimentel Family in
the amount of $3500 to cover any and all extra costs
they incurred as a result of the Expressway west
extension project.
So.Co.Zransportation Councilman Cochran said there was nothing additional to
report regarding Sonoma County Transportation matters since
the next committee meeting is scheduled next Wednesday,
March 7, 1990.
Rohnert Park City Council Minutes (10) February 27, 1990
State Kidnapping
Statutes -SB 1564 City Manager Callinan said that Council had been provided
with copies of letter dated February 9, 1990 from the Kevin
Collin's Foundation for Missing Children requesting City
Council support of SB 1564 changing State's kidnapping
statutes. The bill is authored by Senator Quinton Kopp,
sponsored by the Kevin Collin's Foundation, and basically
changes the current law expanding the definition to include
not only force but the use of any other means of instilling
fear to be convicted of kidnapping. Proposed changes would
require that persons convicted of kick-Lapping serve a minimum
of twelve months in County jail.
A motion was made by Councilman Hopkins, seconded by
Councilman Cochran, and unanimously approved, to support SB
1564 to change State kidnapping statutes.
CcuaLinications Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
.y r1 � ate - ..� • -
Hone Park Adj.Sidewalk -City Manager Callinan said Council had been provided with
copies of letter dated February 26, 1990 from District
Manager Ken James of Carlsberg Management Company regarding
Rancho Verde M.H.P. Sidewalk Project Proposal. The letter
was not received prior to the printing of tonight's agenda
and therefore, recommended to be an emergency item.
A motion was made by Councilman Hopkins, seconded by Council
Member Spiro, and unanimously approved, to consider the
Rancho Verde M.H.P. Sidewalk Project Proposal an emergency
item and add it to tonight's agenda.
Resolution No.
90-50
A RESOLUTION AUTHORIZING AN AGREEMENT RELATIVE TO THE
INSTALLATION OF SIDEWALK ON THE ROHNERT PARK EXPRESSWAY
ADJACENT TO THE RANCHO VERDE MOBILE HOME PARK
City Manager Callinan explained the resolution.
Upon motion by Councilman Hopkins, seconded by Council Member
Spiro, and unanimously approved, Resolution No. 90 -50
was adopted.
City Attorney's
Report
Cable TV rates
City Attorney Flitner said, as previously requested by
Council, he forwarded letters of request to the District
Attorney and the California Attorney General regarding cable
television rates. He received a letter of response from
District Attorney Gene L. Tunney dated February 22, 1990
Rohnert Park City Council Minutes
(11) February 27, 1990
(copies provided to Council and attached to original set of
these minutes). Also, he received a call from Allen
Silverman stating they do not conspire to make decisions to
raise rates. He received a call from the Attorney General's
office confirming interest in the matter and that they might
look into it, but said that because cable TV rate notices
were sent at the same time does not mean, in and of itself,
that it is a conspiracy.
Amicus Briefs
re. Sacran ento &
Simi Valley City Attorney Flitner said a letter was received from
Sacramento City Attorney James Garleson soliciting City
Signatories to an Amicus Brief filed in support of the City's
position upholding reasonable developers' fees. City Council
authorized the City Attorney to indicate the City would join
in the Amicus Brief.
City Attorney Flitner also asked the Council if it would
consider adding the City's name to an Amicus Brief in a case
entitled "City of Simi Valley vs. Superior Court ". This case
challenged a Court ruling on Simi Valley's request to have a
suit dismissed which alleged that a property owner outside
the City had been deprived of his property rights and due
process because the City had not annexed the property.
City Attorney Flitner felt the Court ruling was dangerous for
cities since it tended to give property owners outside the
city limits rights disproportionate to property owners inside
the City and that it was also a dangerous precedent if
allowed to stand.
A motion was made by Councilman Hopkins, seconded by Council
Member Spiro, and unanimously approved, for Council to join
in Sacramento and Simi Valley Amicus Briefs as outlined by
City Attorney.
City Attorney Flitner said he had other reports for the
closed session following tonight's regular meeting.
Nktters from Cxmci.l: Mayor Hollingsworth reminded Council of the following: 1)
League of California Cities; a) Planning Commissioners
Institute from March 21 to 23, 1990 in San Diego.
Confirmation was given that no Council member will be able
to attend. b) Mayors' and Council Members' Legislative
Briefing on March 28, 1990 in Sacramento. Council Namber
Spiro will attend. c) City Council /City Manager Leadership
Workshop from Nay 17, to 19, 1990 at South Lake Tahoe.
2) Annual Conference of Mayors from June 15 to 20, 1990 in
Chicago, Illinois.
Rohnert Park City Council Minutes (12) February 27, 1990
Law Enforcement Lab Councilman Eck referred to letter on conrunications list from
(fie ;oh0.I cv,;Me �a6) Attorney General Van De Kamp regarding a search for a
regional laboratory facility and asked if this matter was
being investigated. City Imager Callinan said Director of
Public Safety Dennett has made contact and confirmed the need
to be centrally located. Chief Dennett said it would be
beneficial to the City's Public Safety Department as it would
eliminate having to go to the lab at Los Guilicos, City
Manager Callinan said he told Chief Dennett to review the
matter with architects for the new complex and report back to
him regarding possibilities.
Council concurred to voice support of checking into the
possibilities for the regional laboratory facility at the
new Public Safety complex.
Unscheduled Public
Appearances Mayor Hollingsworth asked if anyone in the audience wished to
make an appearance at this time. No one responded.
Planning and Zoning
File No. 1187 Planning Director Skanchy said the applicants were here but
their attorney had not yet arrived regarding File No. 1187.
Recess Mayor Hollingsworth declared a recess at approximately
9:15 p.m. to convene Community Development Agency meeting.
Reconvene Mayor Hollingsworth reconvened the Council meeting at
approximately 9:18 p.m. with all Council members present.
Mj
File No. 1187 Planning Director Skanchy said Council had been provided with
copies of correspondence and reports relating to File No.
1187 - S.I.R.E. Enterprises - Appeal of Planning Commission's
denial of request for approval of a tentative subdivision map
to convert 120 apartrrent units to a condominium development
for Steven J. Scarpa, Vintage Point Apartments, 7272 Cammino
Colegio. This item was continued from the February 13th
meeting pending the City Attorney's review of this project's
status in regard to the Sierra Club lawsuit. The City
Attorney has informed us that this project is exempt under
the CEQA laws Section 15301, Class 1, Paragraph K which
enables the City Council to proceed with this item. Planning
Rohnert Park City Council Minutes (13) February 27, 1990
Director Skanchy said the basis for Planning Commission's
denial was the Draft General Plan prior to public hearings
had a policy for no apartments to convert to condos unless
there was a 10% vacancy ratio and that the matter needed to
be referred to the City Attorney to see if it is
categorically exempt.
City Attorney Flitner referred to Government Code Sections
66427.2, 66412.(g), and 66424 which relate to condominium
conversions either by definition or regulations and explained
how, in his opinion, those provisions related to the question
at hand. He questioned whether or not the vacancies
requirements as set forth in the former General Plan still
might be used as a standard for the determination of whether
a conversion should be made under Government Code Section
65754.5 and 65755 which relate to certain developments
allowed during the update of a challenged General Plan.
Those sections seem to say that even though the General Plan
is invalidated under the new General Plan, the old standard
is acceptible until the new one is completed.
Discussion followed regarding the status of the General Plan,
the need for a survey to establish the vacancy rate
percentage, and confirming that the Planning Commission's
statement would be upheld if Council takes no action on
this matter.
Steven Scarpa of SIRE Enterprises, 235 Posada Del Sol, Novato
said this project was purchased from Lucky's with the
understanding from the Planning Department that there would
be no problem in getting a subdivision map filed.
John Mackie of Bronson, Bronson & NbKinnon, Attorney for SIRE
Enterprises referred to his letter dated February 21, 1990
(copy attached to original set of these minutes) regarding
File No. 1187 and reviewed the contents therein. He said it
is their plan, as State Law requires, to make offers to
existing tenants to purchase and did not think the City had a
right to use the 10% vacancy factor as a basis for denial as
it is simply a policy that had been adopted in the General
Plan and not findings based on fact and ordinances that
exist. He felt there is not an adequate basis for the
Planning Commission's decision and puts Council at risk if
allowed to stand. He responded to a question from Council
that he was not saying this is a State law requirement but
that the record has to show some basis for denial.
Further discussion followed regarding details of the above -
mentioned comments.
Rohnert Park City Council Minutes (14) February 27, 1990
A motion was made by Councilman Hopkins, seconded by Council
Mmnber Spiro, to deny appeal request without prejudice to
File No. 1187, direct staff to determine vacancy factor
stipulating encouragement to SIRE Enterprises to mrk with
staff regarding purchase intentions of existing tenants, and
return to Council with an update.
Adjourrment There being no further business, Mayor Hollingsworth
adjourned the meeting at approximately 10:25 p.m. to a closed
session immediately following this meeting to discuss
litigation matters and then to 7:00 p.m. on March 6,1990 for
a public meeting on the General Plan.
z' r
De Cit Clere
Mayor
atd4h k '9 ,
�270
(val,e� - O
February 27, 1990
Mayor Hollingsworth and Memebers of the City Council:
Good Evening, My name is Rhonda Cramer, and I represent a parent
group that is concerned with increasing the safety of our children as
they go to and from school. I also have with me over 530 signatures
of concerned citizens, from throughout Rohnert Park, asking for cross-
ing guards. Rohnert Park is definitely a city geared towards family:
we have lots of schools, parks, team sports... and yet, despite that,
we are the second largest school district in Sonoma County, just
slightly behind the city of Santa Rosa, we have no crossing guards A-.
any of our schools. Rohnert Park is no longer a small semi-rural com-
mun!Ly; we've seen tremendous growth over the last few years. Ar),
increase of population equals an increase of traffic, and no where is
this more apparent than as our children make their way to Richard
Crane school,
We are asking that this council recognize that as a city grows, ser-
vices must be put into place that insure the safety of the Pesidents
Crossing guards for Richard Crane school will definitely enhance the
safety of our kids. We would also like to have a committee that is
jointly made of city, school board and parent participants that will
do a diRtrict-wide analysis of each school. Some schools are likely
to be just fine; others may need stop signs, or lights, or better,
painted street markings.q The city and the schools must communicate;
because the safety of our kids 1 s a concern to all of us. We urge you
to consider
Mayor
Uollinswarth's proposal, and support
it with this in
mind:
we
have
had two children
Kruck near Richard
Crane school.
These
children
were
fortunately, not
seriously harmed.
If the chil-
dren
had
been
killed, the family
atmosphere of this
city would have
evaporated.
We would
like action before
any tragedy occurs.
Thank you very much.
f ��n
ART HOLLINGSWORTH
5704 DAVIS CIRCLE
ROHNERT PARK, CA 94928
707- 795 -5134
oncience
Council Correspo *Iman
FEBRUARY 19, 1990 Copy t�uncilman
COPY to
TO THE ROHNERT PARK CITY COUNCIL to
;u lO
RE: CROSSING GUARDS
TODAY I MET WITH RHONDA CRAMER AND TERRI CREWS AS DIRECTED BY
THE COUNCIL AT OUR LAST MEETING.
AFTER MEETING WITH THEM AND DISCUSSING THE PROBLEMS IN
RELATION TO THE SAFETY OF OUR YOUNG PEOPLE I WOULD LIKE TO MAKE
THE FOLLOWING RECOMMENDATION TO THE CITY COUNCIL:
1. WE ENTER INTO AN AGREEMENT WITH THE ROHNERT PARK
COTATI SCHOOL DISTRICT TO PROVIDE CROSSING
GUARDS AT CAMINO CALEGIO & SOUTHWEST BLVD.
AND AT SNYDER LANE AT THE ENTRANCE OF J
SECTION WHERE THE BICYCLE PATH INTERSECTS SNYDER
LANE.
2. THAT THIS AGREEMENT WILL LAST THROUGH THE
REMAINDER OF THE SCHOOL YEAR AND BE FUNDED 1/2
BY THE CITY AND 1/2 BY THE SCHOOL DISTRICT.
3. THE GOAL WOULD BE TO HAVE CROSSING GUARDS IN
PLACE BY MARCH 19, 1990 ,BUT NO LATER THAN APRIL
2, 1990.
4. THAT UNDER THE DIRECTION OF THE SCHOOL DISTRICT
AN AD HOC COMMITTEE BE FORMED TO MAKE FURTHER
RECOMMENDATIONS BASED ON THE SAFETY NEEDS OF EACH
SCHOOL WITHIN OUR CITY LIMITS AND TO SUGGEST A BUDGET
FOR THE SCHOOL YEAR OF 1990 -91 AND MAKE A PRESENTATION
TO THE CITY COUNCIL PRIOR TO OUR 1990 -91 BUDGET HEARINGS.
ENCLOSED ARE DOCUMENTS PROVIDED BY RHONDA AND TERRI FOR YOUR
REVIEW AND STUDY.
SINCERELY,
C�v v
ART HOLLINGSWORTH
ue
�1
6�'WIA-
VV
~°' ~ INTER-OFFICE MEMORANDUM
�
TO: Peter all1non FROM: J m
Kekkain
City nager Dir e
ation
RE: tics Financial Report PREPARED B r
\ /
Recreation Supervisor
/
DATE: February 22, 1990
The summer of 1989 was typified by unseasonably cool weather which resulted in
a decrease in public swim attendance of 4.730 patrons (11% from 1988) momt of
which ouowred in late Juno (2'714 patrons). Due to the rate increase
initiated before the season began the pools still showed an increase in
revenue from admittances despite a decline in attendance. All other programs
showed an increase in attendance over the previous year.
On the expense n1de, the most notable increase was seen in utilities and
supplies which increased $17'000. The majority of this increase was due to u
renovation of Ladybug Pool ($7.057). heating Honeybee Pool for the additional
month of October ($2.100)' and replacement of some major equipment at various
p0015 ($1.800). The remaining $6'000 can be attributed to increased heating
costs duo to the unseasonably cool weather and minor replacement parts and
repairs.
Generally the financial outlook is fairly good considering the extra month of
operation in October as compared to 1888.
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Department: Recreation City Clerk Use Only
Meeting Date Held Until
Submitted By: James Pekkain
Agenda Item No. Agenda Item No.
Agenda Title: Swimming Pool Financial Date of Council Action:
Report, Proposed 1990 Swimming Pool Deadline Date for
Schedule and Fees Council Action:
Requested Council Action:
To approve the pool schedule and fees for 1990.
Summary: To review the 1989 swimming pool financial report and to
recommend the 1990 pool fees remain the same as 1989 with the exception
of reducing the Alicia Pool general admission fee from $1.50 to $.75
and the senior citizen fee from $.75 to $.50. The reason is Alicia
Pool public swim is only half as long as at the other pools.
To recommend approval of the swimming pool schedule for 1990.
The Parks and Recreation Commission approved the proposed fees and
schedule for 1990 at their February 20th meeting.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item ( ) Regular Item
( ) Approval ( ) Public Hearing
( ) Not Recommended Required
( ) Submitted "with Comment
( ) Policy Determination by Council
( ) City Comments:
City Manager's Signature:
City Clerk Use Only
Council Action (If Other Than Requested)
Vote:
Date:
X7
INTER -OFFICE MEMJ
TO: Members of the City Council FROM: Carl Eric Leivo, 0
Peter M. Callinan, City Manager Assistant to the City Manager
RE: Report from Cable TV Committee DATE: February 22, 1990
On February 21, the Cable TV Committee (Council members Hopkins and Eck) met
with Carl Pilnick of Telecomm.anications Management Corp. Mr. Pilnick is the
consultant hired by the City to assist in cable TV franchise negotiations.
Outside the franchise negotiations, the Committee recommends that the City
Council undertake the following two projects:
Aggressively lobby in behalf_ of federal cable TV legislation.
a) Make the definition of "effective competition" stricter so as to
allow additional local governments to regulate cable TV. This
will probably not impact. Rohnert Park given our location in a
major TV broadcasting area.
b) Ant i- trafficing, cannot sell cable system for 3 to 5 years after
it is purchased.
C) Prohibit cable TV companies from owning broadcasting services.
d) Allow phone companies to conpete with cable TV operators.
e) Proposals will help but will not solve the problem according to
Mr. Pilnick.
f) Representative Bosco's office will send legislative package.
Adotpt il cable TV consumer protection ordinance.
a) Currently allowed by federal law.
b) W. Pilnick will send a sample ordinance.
C) Addresses complaints regarding picture quality, picture blackouts,
answering phones, installations, and other customer services.
d) Based on cable industry adopted standards.
e) Provide for fines if standards are not met.
The Committee recommends negotiation objectives in priority order as follows:
$solace stride converters with an outside box.
a) The cable company delivers the signal to the outside of the house
and is not concerned about what is installed in the house.
b) The largest cable TV company in the nation is installing such
outside boxes according to W. Pilnick.
C) Multi Vision could sell and install inside equipment (such as
remote controls and extra outlets) for a one time fee.
d) Most cable TV companies make more money on monthly charges for
remote control and extra outlets than from regular monthly rates
according to W. Pilnick.
Page 2
15 it the basic services into at least two tiers.
a) One tier could be locally broadcast stations
b) The second tier could be satellite stations
Convert the green boxes in front yards to flush mount underaround boxes.
a) There may be some water leakage which could result in system
outages and increase cable TV operating costs.
Provision of cable _V service to commercial industrial areas
a) Some types of commercial /in(Justrial uses would benefit
b) Expense of running a long cable for isolated com ercial /industrial
users.
ade the syst e to provide additional channels.
a) Replace electronic equipment and amplifiers but not dig up yards
to replace cable.
b) The number of cable TV channels of interest to most people seems
to have stabilized at somewhere between 30 and 40 stations accord-
ing to Mr. Pilnick.
Purchase of capital equiment rrecluired for local programnina.
In exchange for the improvements listed above, the City could:
Reduce pr waive its franchise tee of .5 taercent of aross revenues.
Agree to a longer term ,franchise agreement.
a) The term should be between one year and ten to fifteen years.
b) No benefit to the City from a long term franchise agreement.
a) The longer the term, the greater the value of the cable TV system.
b) The longer the term, the easier to obtain financing.
All Multi Vis o to participate in the development of the consumer protec-
tion ordinance.
CITY OF ROHNERT PARK
RECREATION DEPARTMENT
1990 POOL FEE PROPOSAL
GENERAL ADMISSION*
S and Under non - swimmer (accompanied
by a paid adult)
General Admission
(Ages 6 through Adult)
Senior Citizens (60 years and older)
Lap Swim
Family Night (Limited to 6 - must have
parent)
Last Hour of Public Swim
*Alicia Pool -.Gen r=al Admission
Senior
POOL SWIM MEMBERSHIPS
*Family Seasonal (April 14 - Sept 30)
*Family Summer Season (June 16 - Sept 3)
*Family Fall (Sept 4 - Sept 30)
Lap Swim Membership
Adult (Full Season)
Senior (Full Season)
Adult (Monthly)
Senior (Monthly)
Non- Residents
PROPOSED
1969 PATE 1990 PATE
Free Free
$1.50 $1.50
.75 .7S
1.50 1.50
3.00 3.00
1/2 price 1/2 price
1.50 .7S
.75 .50
110.00 110.00
85.00 85.00
25.00 25.00
60.00 60.00
30.00 30.00
20.00 20.00
10.00 10.00
S.00 Additional per person
* Limited to six (6) members of the immediate family or less. Add an
additional $5.00 per person for families with over sip; (6) members.
Special arrangements can sometimes be made through the Recreation
Department for licensed day care and residential care homes.
DISCOUNT SWIM PASSES - Sold at Pools Only
Adult
(18 years and older) -
10 swims
for ....
12.00
Teens
(13 -17 years)
- 10 swims
for ....
12.00
Youth
(12 and under) -
10 swims
for ....
12.00
Senior
Citizens (60 years
- 10 swims
for....
6.00
& older)
Discount swim passes may be used for Lap Swim and Public Swim.
12.00
12.00
12.00
6.00
LEARN TO SWIM PROGRAM
First two swimmers in
immediate family
Additional swimmers in
immediate family (for all plans)
With Family Full Season Pass -
ist 2 swimmers (each)
With Family Short Season Pass -
15t 2 swimmers (each)
Non- Residents (Additional)
PROPOSED POOL RENTAL RATES
PROPOSED
1989 Rate 1990 Rate
$22.00 $22.00
(Each per two week session)
$11.00 $11.00
(Each per two week session)
$16.00 $16.00
(Each per two week session)
$18.00 $18.00
(Each per two week session)
$5.00 $5.00
COST PER HOUR
NUMBER OF PEOPLE 1989 RATE 1990 RATE
1 - 25 $30.00 $30.00
26 - 50 $34.00 $34.00
51 - 100 $40.00 $40.00
101 - 150 $48.00 $48.00
151 + $54.00 $54.00
LOCAL YOUTH GROUPS RECEIVE A 30% DISCOUNT OF THE ABOVE RATES.
ROHNERT PARK RECREATION DEPARTMENT
1990 PROPOSED SWIMMING POOL SCHEDULES
11011EYPEE POOL
MIPLIC SWIM
April 14
- April 22
Daily
1:30
- S:15
pm
April 23
- May 13
Weekends
1:30
- S:1S
pm
May 14 -
June 17
tJeeVdays
3:30
- 5:15
pm
We.elends
1:30
- 5:1S
pm
June 18 -
Sept 3
Daily
1:30
- S:1S
pm
Sept 4 to
Sept 30
Weekdays
3:30
- S:IS
pm
Weekends
1:30
- S:15
PM
LAP SVIIM
April 14
= Sept 30
Daily
Noon
- 1:15
pm
April 14
- June 17
Weekdays
7:1S
- 8:30
pm
June 18 -
Sept 3
Weekdays
7:1S
- 9:00
pm
(with
Family
Swim)
Weel. ends
5:4S
- 7:00
pm
Sept S to
Sept 30
Weekdays
7:15
- 8:30
pm
FAMILY SWIM
June 18 -
Sept 3
Daily
7:15
- 9:00
pm
SWIM TEAM
April 14
- Sept 3
Weekdays
S:1S
- 7:1S
pm
SWIM SCHOOL
June 18 -
Aug 30
Weekdays
8:30
am - Noon
---------------------------------------------------------------------------
PENFCIA POOL
Fl!BI_IC
11:ay 21 -
June 17
Weekdays
3:30
- 5:30
pm t
'.
WeeVend5J'
1:70
- ',:70
pm
June 19 -
Sept 3
Daily
1:30
- S:7-0
pm
1. AP, SWIt1
May 26 -
Sept 3
Daily
12:04
- 1:1S
pm
Weekdays
S:45
- 7:-70
pm
Sl�Itt SOHO! L
June 18 -
--------------------------------------------------------------------------
A!igu =t 24
Weekdays
9:00
am - Nccn
(?I. -TCIA POOL
FUr -LIC QW111
11ay ='6 -
June 17
Weekends
1.30
- S:-,,O
pm
June 19 -
Fer t 3
eel days
1 •'0
- ,. ' 30
P
Weekends
1:30
- S:30
pm
cFlM)p SPLASH
1 tng 19 -
A'lq 71
Ue0 d:Ivs
1:00
- 1:1-2)
pm
c,,1111 cfHnnI-
TunA 19 -
A-fo-Ist 70
9:00
-IM - 1'''0 Pm
I * (`,0
- 7 : 00
rM
LADYBUG POOL
FUeL1C SWIM
Mey 76 - June 17
June 18 - Sept 3
LAP SWIM
May 7-6 - June 17
June 18 - Sept 3
SWIM TEAM
May 26 - Sept 3
S W 1 H SCHOOL
June 18 - Aug 24
m
Weel. ends
Deily
Weekends
Daily
Web days
Weekdays
1:30
- 5:30
pm
1:30
- 3:30
pm
Noon
- 1:15
pm
Noon
- 1:15
pm
5:00
- 7:M
pm
9:00
am - Noon
i
City of Rohner+- Park
Comparative Summary of Swimming Pools Financial Operations -1989
1989 1989 1989 1989 1989
Alicia Benecia Honeybee Ladybug Pool
INCOME
--------------
Pool
Pool
Pool
Pool
Tota
- - - - --
Admittances
--- - - - - --
86,224
--- - - - - --
89,775
--- - - - - --
821,552
--- - - - - --
85,684
- - - - --
1643,2
Pool Rentals
1,140
483
693
198
2,5
Memberships
0
18,817
0
0
18,E:
Swim Lessons
24,160
8,056
22,245
4,770
59,2
Swim Team Fees
0
0
0
0
Concessions
2,332
--- - - - - --
6,769
--- - - - - --
12,398
--- -
2,337
23,E
TOTAL INCOME
x633,856
$43,900
- - - --
856,888
--- - - - - --
812,989 -
- - - - --
$147,E
EXPENSES*
Payroll & Benefits
825,954
819,016
1637,382
814,041
x696,
Utilities & Supplies
7,981
19,760
25,726
14,142
67,E
Swim Contract Services
0
O
O
0
Purchase -For Resale
2,837
--- - - - - --
3,745
--- - - - - --
5,893
2,375
14,E
TOTAL EXPENSES
)636,772
--- - - - - --
842,521
--- - - - - --
--- - - - - --
869,001
--- - - - - --
--- - - - - --
1630,558
--- - - - - --
- - - - --
16178,E
- - - - --
OPERATING PROFIT (LOSS) (2,916) 1,379 (12,113) (17,569) (31,,
C/O Equipment Put-chases 0 0 0 0
--- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- - - - - --
PROFIT (LOSS) ON POOLS (82,916) 81,379 (812,113) (1617,569) (31,',
--- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- - - - - --
*Note: This report does not reflect other City expenses which may indirectly be a!
insurance, recreation administrative labor and workmans compensation.
Prepared by: George P. Raymond, Accountant /Auditor
- -2
LAW OFFICES OF
- BRONSON, BRONSON & MCKINNON
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
FAX 505 MONTGOMERY STREET LOS ANGELES
(415) 982.1394 SAN FRANCISCO, CALIFORNIA 94111.2514 RECEIVED LAKEPORT
TELEX TELEPHONE (415) 986 -4200 WALNUT CREEK
255921 KINSR UR FEB 22 1990 SANTA ROSA
CITY OF. ROHNERT PARK OF COUNSEL
CHARLES W. TUCKMAN
February 21, 1990 JOHN H. SEARS
Council CorresPonden
OoPY to ea. Cou I
John Flipner, City Attorney ce
CGnY to may
City of Rohnert Park ,, ao •
6750 Commerce Boulevard'
Rohnert Park, California 94927 "'t�
Re: Steven Scarpa: Appeal of Tentative Map for Condominium
Conversion of Vintage Pointe; File No. 1187
Dear Mr. Flipner:
This office represents Steven Scarpa of SIRE Enterprises,
Inc., who is appealing the January 11, 1990 disapproval by the
Planning Commission of Rohnert Park (the "Commission ") of the
tentative map for the condominium conversion of Vintage Pointe.
As you are aware, the hearing for the appeal was delayed
because of the two Writs of Mandamus issued by the Superior
Court as a result of the litigation of two Sierra Club v. City
Council of Rohnert Park companion cases. The writs enjoin the
City Council of Rohnert Park (the "Council ") from, among other
things, "taking any action to approve any significant new
development projects, rezonings or subdivision map approvals
until such time . . . as a legally adequate general plan" has
been adopted by the Council.
Upon review of the writs and the applicable California
law, I am of the opinion that the appeal should nonetheless
proceed for the following reasons:
1. California Government Code Section 66474.2
(Subdivision Map Act) requires that "in determining whether to
approve or disapprove an application for a tentative map, the
local agency shall apply only the ordinances, policies, and
standards in effect at the date the local application is
complete . . . ." The section states further, however, that,
if before it has received the complete application, the local
agency has taken formal steps, including publishing notice, to
amend its planning laws, "the local agency may apply any
34076/0500.1(A)
FH pnl- 2.Ltr -fv -4215
BRONSON, BRONSON & MCKINNON
John_Flipner, City Attorney
February 21, 1990
Page 2
ordinances, policies, or standards enacted or instituted as a
result of those proceedings which are in effect on the date the
local agency approves or disapproves the tentative map .
Since the application was filed December 31, 1989 and
considered by the Planning Commission on December 14, 1989 and
January 11, 1990, well before the February 8, 1990 filing date
of the writs, the Council, pursuant to Section 66474.2, should
not consider the effect of the writs. Furthermore, although
the notices of hearings on proposed changes to the general plan
(the "Draft ") were published in November 1989 (Staff Draft) and
December 31, 1989 (Planning Department Draft), the Draft was
not enacted as of the date of the Commission's disapproval.
The Commission had no authority to rely on the Draft as a
reason of disapproval when it stated that the vacancy factor
was insufficient. (January 11, 1990 Commission Minutes,
Page 7, Paragraph 6.) The finding of an insufficient vacancy
factor is, therefore, without legal basis as a permissible
grounds for disapproval.
2. The Sierra Club writs are irrelevant to the appeal in
light of Government Code Section 66427.2, which specifically
exempts condominium conversions from the requirement of
consistency with the local general plan unless such general
plan specifically provides for definite objectives and policies
or conversions. Condominium conversion is an area of land use
planning over which the State Legislature has asserted non -
local control, or, in the alternative, demanded certain
objectives and policies from local government that would meet
standards of specificity. The current Rohnert Park General
Plan contains no provisions on condominium conversion; nor is
it required to do so under Section 66427.2. The Sierra Club
law suits are attacking the inadequacies of the General Plan.
The writs are irrelevant to the appeal and cannot preclude the
appeals process.
3. Pursuant to Government Code Section 66452.4, the
tentative map shall be deemed approved as filed if the Council
does not approve or disapprove within the prescribed time
limits. Section 66452.5 sets forth such time limits: 10 days
from the date of the Commission decision to file for appeal, 30
days from such date to hold the hearing, and 10 days to render
a decision. Since the appeal of the Commission's decision was
delivered to the Clerk of the Council on January 18, 1990 (per
34076/0500.1(A)
Flipn1- 2.Ltr-fv -4215
BRONSON, BRONSON & WKINNON
John Flipner, City Attorney
February 21, 1990
Page 3
Paul Skanchy), the outside date in which the tentative map will
be deemed to be approved per Section 66452.4 is 40 days from
the filing of the appeal, that is, February 27, 1990. This
letter shall constitute notice to you and the Council of such
date.
4. Lastly, it should be recognized that the hearing
before the Council is merely an appeal, and not a new matter
for the Council's consideration. The writs specifically state
that new development projects, rezonings or subdivision map
approvals area to be enjoined. (Emphasis added.)
Consequently, the writs do not enjoin the appeal.
I request that you direct the Council to schedule the
appeal and act upon it in a timely fashion.
Yours very truly,
I�V� 1�) � �4\ "k,
John G. Mackie
cc: Mayor Arthur F. Hollingsworth, Jr.
Rohnert Park City Council
Mr. Steven Scarpa
34076/0500.1(A)
FHpn1-2Atr -fv -4215