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1969/04/07 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES April 7, 1969 The Council of the City of Rohnert Park met this date in regular session commencing at 7115 p.m. in the City Offices, 435 Southwest Boulevard, Rohnert Park, with Mayor Roberts presiding, This meeting was preceded by a brief conducted tour of the new Community & Recreation Center. Call to Order Mayor Roberts called the meeting of the regular session to order at approximately 7:15 p.m. Roll Call Present:` (4) Councilmen Hopkins, Rogers, Smith & Roberts Absent._. (0) None Late: (1) Councilman Buchanang the time of his arrival is noted in the minutes. Staff Presents City Manager Callinan, City Attorney Maxwell, Consulting Engineer Hudis, Assistant to the City Manager Albright, County Planner Wes Vail. Approval of Minutes Upon motion by Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the minutes of March 179 1969 were approved as submitted. Approval of Bills Upon motion by Councilman Rogers, seconded by Councilman Hopkins and unanimously approved, the bills presented for approval were approved. Communications Incoming correspondence and communications were brought to the attention of the Council by the City Manager. No action was taken on any communication except as specifically noted in these minutes. Councilman Buchanan Councilman Buchanan arrived at this point in the meeting, Arrives the time being approximately 7 :25 p.m. Meeting for It was the decision of the Council that an adjourned meet - Selection of Mayor ing be held on April 17, 1969 at 7.30 p.m. for the installa- tion of the Mayor and Vice -Mayor for 1969 -70. Presentation of Mr. Ralph Fitch of P.G. & E. appeared before the Council P.G.&E. Franchises and presented the annual P.G. & E. franchise payments in the amount of X4,427.50- Huffman Application` City Manager Callinan reviewed Mr. Paul J. Huffman's appli- for Taxi Service cation fora Certificate of Public Convenience and Neces- sity to operate a taxicab within the City of Rohnert Park. Councilman Smith requested information regarding the prior request for a.taxi franchise. The City Manager advised that the partnership of the prior applicant dissolved, and the remaining owner decided against servicing Rohnert Park. April 79 1969 Page -2- Huffman Public Mayor Roberts declared open the scheduled public hearing on Hearing the application of Mr. Paul J. Huffman for a Certificate of Public Convenience and Necessity to operate a taxicab with- in the City of Rohnert Park. There being no one wisbdr3g to be heard and no written pro- tests filed the public hearing was declared closed. Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, Mr. Huffman's applica- tion for a Certificate of Public Convenience and Necessity to operate.a taxi cab within the.City of Rohnert Park was granted, and that the necessary findings be made in the affirmative as to the five requirements in the ordinance regulating vehicles for hire. Councilman Hopkins asked when the taxi was expected to be in operation. Mr. Paul Huffman was present, and advised that taxi service should be in operation by the end of April. A brief discussion was held between the Council, the City Attorney, and Mr. Huffman regarding a time limita- tion on approval of Mr. Huffman's application. Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, an amendment to the motion granting the Certificate of Public Convenience and Necessity to Mr. Huffman was made to set a four (4) month time limitation, at the end of which time if the taxi was not in service the certificate approved for Mr. Huffman would be revoked. Swimming Pool Rates City Manager Callinan reviewed swimming pool rates and for 169 financial results for 1968 and 1967, and advised that the Recreation Commission recommended that the pool rates for 1969 remain the same as they were in 1968. Upon motion by Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the swimming pool rates for 1969 are to remain as set by the Council for 1968. Resolution No. RESOLUTION AUMORIZING FILING OF APPLICATION FOR GRANT TO 69 -26 ACQUIRE OPEN -SPACE LAND. City Manager Callinan reviewed Title VII of the Housing Act of 1961 which provides grants to acquire land for open space use and explained the purpose of the application. Upon motion by Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 69 -26 was waived, and said resolution adopted. File No. 0119 City Manager Callinan reviewed Mr. Everett Giffin's applica- Giffin tion for a zoning change on Snyder Lane and use permit for a mobile home park. April 7, 1969 page -3- City Manager Callinan re -read a letter from Mr. Rohnert, owner of the property, stating that he had no objection to the zoning change and use of the property. Mr. Art Howard, Sonoma Campus Company, was present and voiced objection to any deviation from the general plan, stating that in the general plan there was sufficient areas already designated for mobile home parks and that a zoning change should not be made to accomodate one individual. City Attorney Maxwell reminded the Council of their dis- cussion at the March 17th Council meeting that they would reconsider the change in zoning in a year's time, if the mobile home park is not developed by that time; and also the Council's requirement that the mobile homes be sold on the lot. ORDINANCE NO. 118 AN ORDINANCE AMENDING ORDINANCE N0. 63 (Zoning Map Change - Snyder Zane). City Manager Callinan reviewed the above ordinance intro- duced at the March 17th meeting. Upon motion by Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved by the following roll call vote, the reading of Ordinance No. 118 was waived, and said ordinance was adopted: AYES: Q Councilmen Buchanan, Hopkins, Rogers, & Smith NOES: 1� Councilman Roberts ABSENT: 0) None Further discussion followed regarding the Council's re- consideration of the re- zoning in a year's time. Upon motion by Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the Council decreed their intent that the aforementioned rezoning was approved for the gurpose of the mobile home park and that work should proceed without delay in that regard, and in the absence of action being taken, the Council would consider a re- zoning of the property. City Manager Callinan explained a few of the suggested con- ditions of the use permit: (1) That there be sufficient bonding to insure the development of Snyder Zane; (2) That there is water to the site. County Planner Wes Vail reported that the County Planning Department was recommending that the proposed development site plan as now presented not be approved. Mr. Vail felt that the problems of the site plan submitted could be work- ed out with the applicant. Councilma_*? Smith stated that in his voting for the zoning April 79 1969 Page -4- change that he expects a high class of development, and that the City should go along with the County's recommenda- tion since the County is concerned with the development in the college area. Public Hearing Mayor Roberts declared open the scheduled public hearing on Giffin Use Permit the use permit application submitted by Mr. Everett Giffin File 0119 for a mobile home park on Snyder Lane. City manager Callinan advised that notices of the public hearing had been mailed to all property owners in the area._ Mr. Giffin was present and explained the plot plan displayed for the Council, and advised that changes had been made in the original plans since talking to the County Planning staff. It was the decision of the Council that the matter be de- ferred until the April 219 1969 meeting so that the appli- cant and the County Planning staff could make the necessary changes in the plan to meet the City and County approval, and at which time conditions would be listed for approval of the use permit. There being no one else wishing to be heard and no written protests filed the public hearing was declared closed. File No. 102 City Manager Callinan summarized a letter dated April 3, tirivovZL 1969 received from Mr. Norman Spivock listing permits he understood must be obtained, and conditions he must meet before occupancy is permitted of the college dormitories he is constructing on College View Drive, and his plans for the uses of the former college buildings. Mr. Callinan also advised that Mr. Spivock was present to answer any questions the Council might have. The City Manager requested Council's feelings relative to requiring Mr. Spivock to pave or fence off the existing graveled parking area around the old college buildings. Upon question from Councilman Hopkins the City Attorney advised that the converting of these buildings into dormi- tories would classify them as new buildings. The City Attorney also advised Councilman Rogers that it would be legal to request Mr. Spivock to pave the area in question or to fence it off from use. A lengthy discussion followed between the Council, the City Attorney and Mr. Spivock regarding the recreation fees required by City ordinance for new dwelling units. City Manager Callinan advised the Council that the City had been informed by Cotati School District officials that they had no objection to the buildings being used for dormi- tories. April 7, 1969 Page -5- Upon motion by Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved the Council went on record as approving the use of the buildings as now exists; elementary school rooms, library and student housing. File No. 0121 City Manager Callinan reviewed the application of Cofego Cofego Enterprises for a zoning change of a portion of AP 143 --320- 09 to "RM- 1500 ". The City Manager also advised that notices of the requested zoning change had been mailed to all prop- erty owners in the area. Public Hearing Mayor Roberts declared open the scheduled public hearing Cofego on the application for a zoning change of AP 143 - 320 -09 to RM 1500 ,submitted by Cofego Enterprises. Mr. Golis, representing Cofego Enterprises, was present and discussed plans for the development of the area. There being no one else wishing to be heard and no written protests filed the public hearing was declared closed. Ordinance No 119 AN ORDINANCE AMENDING ORDINANCE N0. 63 (Zoning Change - 60 acres south of Rohnert Park Expressway). Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved by the following roll call vote, Ordinance No. 119 was introduced: AYES: (5) Councilman Buchanan, Hopkins, Rogers, Smith and Roberts NOES: (0) None Public Hearing Mayor Roberts declared open the scheduled public hearing on Cofego Use Permit Cofego Enterprise's application for a use permit for a mobile home park on a portion of AP 143- 320 -09. City Manager Callinan advised that notices of the public hearing had been mailed to adjoining property owners. There being no one wishing to be heard and no written pro- tests filed the public hearing was declared closed. 'Upon motion by Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the Council went on re- cord giving tentative approval for a mobile home park, and that proposed plans be reviewed by staff after they are submitted so that the Council can consider issuance of the use 'permit. File No. 0123 City Manager Callinan advised the Council that the Optimist Optimist Club had applied for a temporary use permit to sell fire works during the 4th of July holidays. April 79 1969 April -6- Upon motion by Councilmen Buchanan, seconded by Councilman Hopkins and unanimously approved, the application for a temporary use permit submitted by the Optimist Club to sell fire works during the 4th of July holidays in the Manor Center and the Bart Mitchell Realty parking lots was approv- ed. Mayor Roberts abstained from voting on this matter, stating his membership in the Optimist Club. Agricultural Pre- The City Manager advised that he had received a letter from serve L. Lavio the Sonoma 'County Board of Supervisors informing the City that an application for Agricultural Preserve status had been received by the Board of Supervisors for AP No. 46- 091-05 and 47- 061 -m02, both sides of Railroad Avenue one half mile west of Petaluma Hill Road. He recommended that the Council file a formal protest to the establishment of this agricultural preserve. Resolution No. RESOLUTION PROTESTING THE EXECUTION OF A CONTRACT BETWEEN 69 -26 TEIE COUNTY OF SONOMA AND LOUIS LAVIO FOR THE PURPOSE OF INCLUDING LAND WITHIN AN AGRICULTURAL PRESERVE. Resolution No. 69 -27 Change in Zoning Ordinance Recess Reconvene Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No. 69 -26 was waived, and said resolution was adopted by title. RESOLUTION CHANGING THE NAME OF ARTHUR AVENUE TO AVRAM AVENUE City Manager Callinan reviewed the above resolution. Upon motion by Councilman Rogers, seconded by Councilman Smith and unanimously approved, Resolution No. 69 -27 was adopted. Upon recommendation by the County Planning Staff the City Council discussed drive -in parking facilities standards for the City's Zoning Ordinance. Upon motion by Councilman Rogers, seconded by Cbuncilman Hopkins and unanimously approved,, the City Attorney was directed to prepare the necessary amendment to the City's Zoning Ordinance to .include parking facilities standards for Drive -In restaurants. Mayor Roberts declared a five minute recess at approximately 9 :00 P.M. Mayor Roberts reconvened the meeting with all Councilmen present. The time being approximately 9 :20 p.m. April 7, 1968 Page -7- Project No.-1968-1 Mayor Roberts declared open the public hearing continued from Marsh 17th, on the Engineer's Report for Project No. 1968 -1, Coddingland area west of the freeway. Bond Counsel Philip Assaf of Wilson, Jones, Morton & Lynch, reviewed the procedures of holding public hearings, award - ing construction contracts and bonding procedures. Bond Counsel recommended that the public hearing on the Engineer's Report be continued until April 21st to allow time for bond Counsel'to = prepare papers for modifications in the construc- tion contract bid awards, andfor- further negotiations on the sale of the bonds. A lengthy discussion followed between the Council, Bond Counsel Assaf, the City Manager Callinan,Consulting Engineer Hudis, Mr. No McPhail of Stone & Youngberg, Mr. Hugh Codding, James Groom, and Mr, Paul Golis, Mr. Golis repre- senting two property owners in the area, regarding 1915 Act Bonds vs. 1911 Act Bonds; interest rate on bonds; portions of the improvements to be eliminated from the construction bid; construction of the interchange by the Division of Highways; and of continuing the public hearing. There being no further discussion and no one else wishing to be heard at this time the public hearing on the Engi- neer's Report was continued until April 210 1969 at 7:30 pm. Resolution No. A RESOLUTION DECLARING INTENTION TO MODIFY ASSESSMENT 69-m28 NUMBERS 5 THROUGH 15, INCLUSIVE, AND 18 THROUGH:20, IN-- CLUSIVE, AND AUTHORIZING FILING OF REVISED BOUNDARY MAP. -Bond Counsel Assaf explained the resolution. Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously'approved,`the reading of Resolution No 69 -28 was waived, and said resolution was adopted. Resolution No. RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS, 69 -29` CODDINGLAND, UNIT 1, ASSESSMENT DISTRICT 1968 -1. Bond Counsel Assaf reviewed the resolution. Upon motion 'by'Counolman Rogers, seconded by Councilman Smith, and unanimously approved, the reading of resolution No. 69 -29 was waived, and said resolution was adopted. Resolution No. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT OF EASEMENT. 69 -3a City Manager'Callinan reviewed the resolution accepting grant of easement over Hinebaugh Creek from the Sonoma County Flood Control District. Upon motion by Councilman Rogers, seconded by Councilman April 7, 1969 Page -8- Buchanan, and unanimously approved, the reading of resolu- tion No. 6930 was waived, and said resolution was adopted. rrv�ec �9vo• -� City � 9 ft nee 1 1 _ bee City Manager vaiiinan reviewed tine improvements to ce made Copeland Creek to Copeland Creek. Engineer Hudis explained the emergency repairs contractor Carl J. Woods made at the request of the City Council dur- ing floods this winter.., Mr. Hudis also explained what por- tion of the repairs he and City Attorney Maxwell felt should be paid by the City, and which portion should be borne by Mr. Woods. He advised that Mr. Woods was requesting par- tial payment of the bill for the repairs a± this time, Upon motion by Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the Council denied par- tial payment of the bill presented by Mr. Carl J. Woods un- til reponsibility for the entire,bill is resolved. Resolution No. RESOLUTION AUTHORIZING FILING OF .APPLICATION FOR ASSISTANCE 69-.31 MT= THE FED EM ACT. City Manager Callinan summarized the resolution. Upon _motion by Councilman: Smith, seconded by Councilman Rogers and unanimously approved, -the reading of Resolution No. 69-31 was waived, and said resolution was adopted. community & Reorea- City Manager Callinan gave an up to date progress report tion Center on the construction of the Community & Recreation Center. City Manager Callinan presented Change Order #2 in the amount of $244.34 for some electrical and door hardware changes. Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, Change Order No. 2 in the amount of $244.34 was approved. Community Center Architect Lawrence Simons was present and explained the Landscaping proposed landscaping submitted by Mr. Lewin; Mr. Simons also presented plans:of the proposed landscaping. A brief discussion _followed concerning the landscaping and the parking area between the Community Center and the pool. Upon motion by Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the Council authorized the City Manager to engage Mr. Sidney Lewin for the pre - paration of an irrigation plan for the landscaping around the Community Center. Concession Booth Architect Lawrence Simons presented drawing of a. proposed concession booth and .announcing stand for Alicia Park. April 7, 1969 Page ®9- Upon motion by Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved, the Council went on record as endorsing the plans submitted by Mr. Simons for a concession and announcer's building for Alicia Park. Resolution No. RESOLUTION APPROVING AGREEMENT WITH CALIFORNIA STATE 69-32 DIVISION OF HIGHWAYS REGARDING LANDSCAPING U.S. 101 WITHIN AREA UNDER JURISDICTION OF THE CITY OF ROHNERT PARK. City Manager Callinan explained the agreement for furnish- ng water to the Division of Highways for landscaping the freeway within the City limits of Rohnert Park. Upon motion by Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, Resolution No. 69-32 was adopted. Resolution No. 69 -33 RESOLUTION APPROVING AGREEMENT WITH COUNTY OF SONOMA REGARDING ROHNERT PARK EXPRESSWAY INTERCHANGE. City Manager Callinan reviewed the agreements between the City, County and State regarding the proposed freeway interchange. Upon motion by Councilman Smith, seconded by Councilman Rogers, and unanimously approved, Resolution No. 69433 was adopted. Golf Course City Manager Callinan gave an up to date report on the improvements and condition of the golf course, and advised that a report would be given at a later date regarding the golf course dedication. Population Survey City Manager Callinan reported that the population esti- mate from the State Department of Finance should be re- ceived within the next two weeks. Traffic Fines City Manager Callinan summarized a letter received from the County of Sonoma advising that the County had made an over- payment in traffic fines to the City of Rohnert Park over the past several years, in the amount of $2,733 as a re- sult of payment to the City of fines levied for traffic offenses at Sonoma. State College. Dog Show City Manager Callinan reminded the Council of the Redwood Empire Kennel Dog Show scheduled for May 4th at Benecia Park. City Attorney's City Attorney Maxwell gave a brief up to date verbal report Report on the Siri Lawsuit relative to the Expressway Project; the Expressway-Interchange right of way lawsuit with Spivock April 79 1969 Page -1®- Company which was now before the judge for decision; non - profit corporation by -laws for Cultural Arts Commission; and the Southwest Duulevard Grade Crossing Application whichi s Yt A..r r d L... %� y y+ 1 T1TT/V T1 _�___ .+.�a savor in va..L aaunu �J,h the FUv d;a.2S:�Ed finer. Adjournment There being no further business the meeting was adjourned at approximately 11o05p.m to A- pril 179 1969 at 7210 p ='m= Deputy City Clerk APPROVED: "W Mayor