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1979/03/29 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES May 29, 1979 The Council of the City of Rohnert Park met this date in regular session commencing at 7:48 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Roberts presiding. The regular session was preceded by an executive session which' commenced at 7:00 p.m. and at which all Councilmen and City Manager Callinan were present and which was held to discuss personnle and litigation matters. Call to Order Mayor Roberts called the meeting of the regular session to order at approximately 7:48 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Beary, Carbone, Hopkins, Stewart and Hopkins Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, City Engineer Brust, and Administrative Assistant Jones. Approval of Minutes Upon.motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, the minutes of May 14, 1979 were approved as submitted. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, the bills presented per the attached list in the amount of $441,292.66 were approved. Participation in City Manager Callinan requested that a resolution be added State Investment to the Consent Calendar to authorize participation in the Fund State Investment Fund with Finance Director Netter and City Manager Callinan as authorized representatives. Upon,motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, Resolution No. 79 -97 was added to the Consent Calendar. C O N S E N T C A L E N D A R: City Manager Callinan referred the Council to his memo dated May 24, 1979 to the City Council for explanation of all the matters on the Consent Calendar. Resolution No. 79 -94 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM OF JOSEPH HENRY Resolution No. 79 -95 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM OF MICHAEL H. LAIKS Resolution No. 79 -96 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM OF EDWARD ALBERT CHARLTON Page 2 May 29, 1.979 Resolution No. 79-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING PARTICIPATION IN THE LOCAL AGENCY INVESTMENT FUND Miscellaneous 1. Approval of the appointment of Troy Walls as Deputy Approvals City Clerk 2. '-Ratifying agreements with Linkenheimer, Hebrew & Company to perform the audits of: a) Public Works Grant No. 07-15 - 20886 (Community Center) and b) Drought Relief Project No. 07-81-00035 (wells and dams) Upon motion of Councilman Hopkins, seconded by Councilman Stewart, and unanimously approved, reading of Resolution Nos. 79-94 and 79-97 was waived and said resolutions were adopted, and the listed miscellaneous approvals and ratifications were approved. Ordinance No. 363 AN ORDINANCE OF THE CITY OF ROHNERT PARK ESTABLISHING THE PRIMA FACIE SPEED LIMIT ON SNYDER LANE WITHIN THE CORPORATE LIMITS OF THE CITY OF ROHNERT PARK City Manager Callinan explained the ordinance and informed that no communication had been received. Upon motion of Councilman Hopkins, seconded by Councilman Beary, and unanimously approved by a roll call vote, reading of Ordinance No. 363 was waived and said ordinance was adopted Ordinance No. 364 AN ORDINANCE OF THE CITY OF ROHNERT PARK REQUIRING THE PAYMENT OF A FEE AS A CONDITION OF APPROVAL OF A FINAL MAP OR AS A CONDITION OF ISSUANCE or A BUILDING PERMIT FOR THE PURPOSE OF DEFRAYING THE ACTUAL OR ESTIMATED COST OF CONSTRUCTING BRIDGES OVER WATERWORKS, RAILWAYS, FREEWAYS AND CANYONS OR FOR DEFRAYING THE ACTUAL OR ESTIMATED COST OF CONSTRUCTING MAJOR THROUGH FARES City Manager Callinan explained the ordinance and informed that no communication had been received. Upon motion of Councilman Carbone, seconded by Councilman Hopkins, and approved by the following roll call vote, reading of Ordinance No. 364 was waived and said ordinance was, adopted. AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (2) Councilmen Beary and Roberts Commendation of Mayor Roberts read Resolution No. 79-91 commending Rancho Joey Guinn Cotate High School Wrestler Joey Guinn and presented it to him. Joey Guinn presented Mayor Roberts with a picture plaque of the championship Rancho Cotate High School Wrestling Team and thanked the city. Yellow Cab Request For Fare Increase Page 3 May 29, 1979 City Manager Callinan reviewed his memo to the City Council dated May .24, 1979 and the letter received from Mr. Earl Bailey, operator of the Rohnert Park /Cotati Yellow Cab Co., requesting a fare increases He also reviewed the two memos prepared by Administrative Assistant Jones regarding the current and proposed rates of other cab companies in the area and informed that legal notice of the public hearing had been published. Mayor Roberts opened the public hearing on Rohnert Park/ Cotati Yellow Cab Co. request for fare increase. There being no one desiring to be heard, and no written communications received, Mayor Roberts closed the public hearing. Mayor Roberts opened the public hearing on Project No. 1979- 5, Classic Court Assessment District. Councilman Hopkins made a motion, seconded by Councilman Carbone, to allow an increase in rates to $1.80 for a one mile trip and $2.80 for a two mile trip. Discussion followed. Mr. Earl Bailey was recognized and informed that his cabs spend a lot of time traveling across town to pick up short fares and that the increase he requested would just cover his cost of gas and is not any extra profit. Discussion followed. Councilman Hopkins withdrew his motion. Resolution No. 79 -98 RESOLUTION APPROVING CHANGES IN'RATES FOR TAXI CAB SERVICES Upon motion of Councilman Stewart, seconded by Councilman Beary, and unanimously approved, reading of Resolution No. 79 -98 was waived and said resolution was adopted. Project No. 1979 -5, City Manager ,Callinan reported that this was the time and Classic Court place set for .hearing on the project known as Classic Court Assessment District Assessment District, Project No. 1979 -5. Notices have been posted, published and mailed pursuant to law, and the affidavits and certificates of posting, publication and mailing are on file in the office of the City Clerk. These proceedings were undertaken pursuant to a petition filed with the City and executed by the owners of more than 60% in area of the property subject to assessment petitioning this Council to undertake proceedings pursuant to appropriate special assessment and assessment bond acts. The hearing this evening is a hearing on the Engineer's Report prepared pursuant to the provisions of the Municipal Improvement Act of 1913. He then introduced the project engineer, Milt Hudis of Hudis Associates and Attorney Jim Copeland of Wilson, Morton, Assaf & McElligott, who were both present in the audience. Mayor Roberts opened the public hearing on Project No. 1979- 5, Classic Court Assessment District. Resolution No. 79-99 Resolution No. 79-100 Resolution No. 79-101 Page 4 May 299 1979 Project Engineer Milt Hudis was recognized and explained the assessment district project, that is the location, a descrip- tion of the acquisitions to be made, the itemized and total estimated cost and expenses of the acquisitions, including the incidental expenses in connection therewith, pointed out the diagram on display that showed the assessment district and the boundaries and dimensions of the respective sub-...... divisions of land within the district and an assessment in accordance 'with benefits. Any one of these items may be the subject of protests or endorsements. City Manager Callinan informed that no written communication had been received. There being no one else desiring to be heard, Mayor Roberts closed the public hearing. A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 79-66 City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved with Councilman Beary abstaining, reading!of Resolution No. 79-99 was waived and said resolution adopted. A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMIN( THE ASSESSMENT AND ORDERING THE WORIK AND ACQUISITIONS City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved with Councilman Beary abstaining, reading of Resolution No. 79-100 was waived and said resolution adopted. A RESOLUTION DESIGNATING COLLECTION OFFICER City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved with Councilman Beary abstaining, reading of Resolution No. 79-101 was waived and said resolution adopted. Resolution No. 79-102 A RESOLUTION AUTHORIZING IN REM VALIDATING PROCEEDINGS City Manager Callinan explained the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved with Councilman Beary abstaining, reading of Resolution No. 79-102 was waived and said resolution adopted. Page 5 May 29, 1979 ?roject No. 1979 -6, City Manager Callinan referred to his memo to the City tell Nos. 17 and 18 Council dated May 24, 1979 for explanation of this matter. Upon motion of Councilman Beary, seconded by Councilman Hopkins, and unanimously approved, change of bid opening from 2' :00 p.m. on May 24th to 2 :00 p.m. on May 29th was ratified. City Manager Callinan informed of the Planning Commission's Resolution No. 79 -08 with requirements to minimize the visual and noise impact of the wells with landscaping and acoustic shields. Council then reviewed the bid results, with City Engineer Brust answering questions. Resolution No. 79 -103 A RESOLUTION OF AWARD OF CONTRACT,.WELL NOS. 17 AND 18 (Project No. 1979 -6) Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, reading of Resolution No. 79 -103 was waived and said resolution was adopted. Project No. 1979 -10, City Manager Callinan explained this project in detail. He Laguna Verde referred to the Engineer's Report and assessment diagram, Assessment District copies of which had been provided to the Council. Discussion followed Resolution No. 79 -104 A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISI- TION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA City Manager Callinan explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Stewart, and approved by the following roll call vote, reading of Resolution No. 79 -104 was waived and said resolution was adopted. AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (1) Mayor Roberts ABSTAIN: (1) Councilman Beary Resolution No. 79 -105 A RESOLUTION APPOINTING ENGINEERS AND ATTORNEYS City Manager Callinan explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Stewart, and approved by the following roll call vote, reading of Resolution No. 79 -105 was waived and said resolution was adopted. AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (1) Mayor Roberts ABSTAIN: (1) Councilman Beary Page 6 May 29, 1979 Resolution No. 79-106 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS City Manager Callinan explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Stewart, and approved by the following roll call vote, reading of Resolution No. 79-106 was waived and said resolution was adopted— AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (1) Mayor Roberts ABSTAIN: (1) Councilman Beary Resolution No. 79-107 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT City Manager Callinan explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Stewart, and approved by the following roll call vote, reading of Resolution No. 79-107 was waived and said resolution was adopted. AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (1) Mayor Roberts . ABSTAIN: (1) Councilman Beary Resolution No. 79-108 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS AND DIRECTING NOTICE City Manager Callinan explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Stewart, and approved by the following roll call vote, reading of Resolution No. 79-100 was waived and said resolution was adopted. AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (1) Mayor Roberts ABSTAIN: (1) Councilman Beary Resolution No. 79-109 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED City Manager Callinan explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Stewart, and approved by the following roll call vote, reading of Resolution No. 79-109 was waived and said resolution was adopted. AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (1) Mayor Roberts ABSTAIN: (1) Councilman Beary Page 7 May 29, 1979 Resolution No. 79 -110 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND DIRECTING RECORDATION OF NOTICE OF ASSESSMENT City Manager Callinan explained the resolution. Upon motion of Councilman Carbone, seconded by Councilman Stewart, and approved by the following roll call vote,;.:'.`. reading of Resolution No. 79 -110 was waived and said resolution was adopted. . AYES: (3) Councilmen Carbone, Hopkins and Stewart NOES: (1) Mayor Roberts ABSTAIN: (1) Councilman Beary File No. 501, Howard City Manager Callinan referred the Council to his memo to Boggs' Car Wash the City,Council dated May 24, 1979 for explanation of this matter. Discussion followed, Mr. Boggs was recognized and introduced Mr. Morgan, the operator of the proposed car wash. Mr. Dan Morgan, 12990 Dunbar Road, Glen Ellen, was recognized and reported that 1000 water recyclers do not work in self - service car washes because there is no control of material being washed down the drains. Material such as motor oil placed down_the drains causes non - reinseable water and stench, and the need for the system to be cleaned out. Mr. Morgan informed that the condition of using recycled water would make the operation of the car wash economically unfeasible for him. Discussion followed. Councilman Hopkins made a motion, seconded by Councilman Carbone, to defer this matter until the next City Council meeting to obtain information on the amount of water used in a self - service car wash as compared to an automatic car wash. Discussion followed. The motion was then unanimously approved. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken on any communications unless specifically noted in these minutes. City Manager's Report City Manager Callinan referred the Council to his Council Meeting Memo dated May 24, 1979 to the City Council for explanation of all matters on the City Manager's Report section of the agenda. Meeting with Cultural City Manager Callinan informed that the joint meeting between Arts Board the Cultural Arts Board and the Council is set for June 11, 1979 at 6:00 p.m. Janitorial Service City Manager Callinan informed that the bids received for Bids janitorial service of various city buildings are still being reviewed. Discussion followed during which City Manager Callinan advised the Council that he would handle the matter as part of the City's purchasing process. Page 8 May 24, 1979 R.E.M.I.F. General City Manager.Callinan'iriforined that Mr. Frank E. James is Manager Benefits resigning as City Manager of Sonoma to accept the General Manager position in the Redwood Empire Municipal Insurance Fund and that the fund has requested that the City of Rohnert Park extend its management fringe benefit package to the general manager on a reimbursable basis. Upon motion of Councilman Hopkins, seconded by Councilman Carbone, and unanimously approved, the city's management fringe benefit package will be extended to the general manager of the Redwood Empire Municipal Insurance Fund on a reimbursable basis. Use of Transportation City Manager Callinan informed that the Metropolitan Development Act Funds Transportation Commission had met today and that City Engineer Brust attended the meeting. There was no agreement reached on the use of T.D.A. funds and another meeting was scheduled. Oity Attorney's Report City Attorney F1itner reported on (1) the decision concerninf the City of Woodland Hills and a councilman who was disqual- ified from voting on a matter because of certain contribution made to his campaign fund was on appeal; (2) request that the matter of the termite inspection fee be deferred until the next Council meeting, (3) informed that the Attorney General' opinion on school impact fees imposed after the passing of Proposition 13 are subject to the conditions of Proposition J with regards to new taxes, which may effect the city's fees for traffic ordinance. Discussion followed concerning the difference between fees and taxes. Commission Mayor Roberts called for applications for the two vacancies Appointments on the Parks and Recreation Commission and for one vacancy of the Cultural Arts Commission. Adjournment There being no further business., Mayor Roberts adjourned the meeting at approximately 9:12 p.m. to 6:00 p.m. on June 11, 1979. 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