Loading...
1982/01/11 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES January 11, 1982 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 Vice -Mayor Hopkins presiding. The regular session -was preceded by.an executive session which ..commenced at 7:00 p.m. and at which all Councilmen, except Mayor Cavalli, and City Manager Callinan Were present and which.was held to discuss personnel and' litigation matters. Call,to Order Vice -Mayor Hopkins called the meeting of the regular session to order at approximately 7:41 p.m. and led the pledge of 'allegiance. Roll Call Present: (4) Councilmen Hollingsworth, Roberts, Stewart, and Hopkins Absent: (1) Mayor Cavalli (absence due to illness) Staff present for all or part of the meeting: City Manager Callinan,'City Engineer /Director of Public Works Brust, Planning Director Skanchy, Director of Public Safety Dennett, and City Attorney Flitner. Invocation Councilman and Bishop Arthur Hollingsworth, The Church of Jesus Christ of Latter Day Saints (Mormons), gave the in- vocation to start the new year.. Approval of Minutes Upon motion of Councilman Hollingsworth, seconded by Councilman Stewart, and unanimously approved, the minutes of December 14, 1981 and December�17,, 1981 were: approved as submitted. Approval of Bills Upon motion of Councilman Roberts, seconded by Councilman Stewart, and unanimously approved, the bills presented per the ;attached list in the amount of $632,783.54 were approved. Ordinance No. 397 AN ORDINANCE AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE l5, SECTION 15.40.020 (Capital Outlay Fund Fees Adjustment for Increase in Cost of Construction Index) City `Manager;Cailinan explained the ordinance noting that it was introduced:'at the`December'l4, 1981 City Council meeting. Upon .motion of Councilman Roberts, seconded by Councilman Hollingsworth, and unanimously approved by the following voice vote, reading of Ordinance No. 397 was waived and said ordinance was adopted. AYES: (4) Councilmen Hollingsworth, Roberts, Stewart, and Hopkins NOES (0) None ABSENT: (1) Mayor Cavalli C,�ONSE.NT: CAL.E.NDAR City Manager Callinan'referred the Council to his Council meeting memo dated January 7`1982 for explanation of all the matters on the Consent Calendar: ' Page 2.. January 11, 1982 Councilman Hollingsworth requested and it was the concensus of the Council that Resolution No. 82 -04 be removed from the Consent Calendar and voted upon separately. Resolution No. 82-01 RESOLUTION OUTLINING POLICY CONCERNING USE OF FEES DEPOSITED IN CAPITAL OUTLAY FUND Resolution No. 82 -02 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION (Demolition of Casa Califia, Project No. 1981 -5) Resolution No, 82 -03 RESOLUTION OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, APPROVING THE FIVE YEAR FEDERAL AID URBAN SYSTEM PROGRAMS FOR THE SANTA ROSA URBANIZED /HEALDSBURG AREAS AND THE PETALUMA URBAN AREA Resolution No. 82 -05 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECT- ING THE SUPPLEMENTAL CLAIM OF CHILOTTI BROS., INC. Resolution No. 82 -06 RESOLUTION OF THE COUNCIL OF THE CI'T'Y OF ROHNERT PARK REJECT - ING THE CLAIM OF ELSIE GALLAGHER (For Martin David Gallagher) Resolution No. 82 -07 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECT- ING THE CLAIM OF KIMBERLY S. LEIGH Resolution No. 82 -08 RESOLUTION RATIFYING CHANGE OF BID OPENING DATE Upon motion of Councilman Stewart, seconded by Councilman Hollingsworth, and unanimously approved, the reading of Resolutions Nos. 82 -01 through 82 -03 and 82 -05 through 82 -08 was waived and said resolutions were adopted. Resolution No. 82 -04 RESOLUTION GRANTING APPROVAL FOR 1982 GOLF COURSE RATES FOR CALIFORNIA GOLF- TENNIS City Manager Callinan explained the resolution. Councilman Hollingsworth initiated discussion concerning the poor condition of the outside of the restrooms on the Mountain Shadows North Course. Discussion followed. Dan Ross, California Golf - Tennis. Manager was recognized and indicated that he would check into the matter. Mr. Ross presented the Council with a copy of the settlement agreement between California Golf-Tennis and Roy and Connie Smith. Discussion followed between staff and Mr. Ross concerning the anticipated removal date of the concrete wash rack by the golf course maintenance yard. Mr. Ross responded that the slab would be removed by April 30, 1982. Upon motion of Councilman Hollingsworth, seconded by Councilman Roberts, and unanimously approved, the reading of Resolution No. 82 -04 was waived and said resolution was adopted. Resolution No. 82 -09 A RESOLUTION.AWARDING CONTRACTS FOR PUBLIC WORKS EQUIPMENT Page 3 January 11, 1982 City Manager Callinan explained the resolution. Upon motion of Councilman Hollingsworth, seconded by Councilman Stewart, and unanimously approved; the reading of Resolution No. 82 -09 was waived and said resolution was adopted. Resolution No. 82 -10 A RESOLUTION AWARDING CONTRACT FOR SWEEPING OF BICYCLE PATHS AND PARKING LOTS City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Stewart, and unanimously approved, the reading of Resolution No. 82 -10 was waived and said resolution was adopted. Local Emergency -Rain City Manager Callinan referred Council to his Council meeting Storm & Flooding memo dated January 7, 1982 concerning the local emergency - rain storm and flooding. Mr. Callinan reported that he had proclaimed a local emergency and that the County of Sonoma had also declared .a County wide emergency. Mr. Callinan gave a brief report on what took place on January 4th and referred Council to Director of Public:S'afety Dennett and Director of Public Works /City Engineer Brust. Director of Public Safety Dennett was recognized and gave a report of the Department of Public Safety's activities during the flood and he commended the many volunteer citizens and city employees that assisted during the rain storm and flooding. City Engineer /Director of Public Works Brust was recognized and gave a report of the flood conditions occuring on January 4, 1982. He referred to a map on display pointing out those streets and areas affected by the flooding. City Engineer Brust gave a verbal report on the damages caused by the flood. He reported attending a State and Federal meeting in San. Francisco regarding how to file claims for assistance, temporary housing, small business loans, red cross assistance, salvation army assistance, etc. Mr. Brust indicated that the disaster center in Petaluma would be open for two months and recapped some of the items that an individual.might bring with them to the center. Mr. Brust noted that the Sonoma County Water Agency had not yet compiled a final analysis of the rain storm but that according to representatives of Sonoma State University the storm was recorded as being a 60 year storm. He reported Rohnert Park as normally being a 10 year plus area. Mr. Brust related that Rohnert Park's storm drains were developed to handle the capacity of a 100 year storm but that the Laguna area was not developed to that capacity. Councilman Roberts questioned whether the flood control district 'would be able to acquire funding to clean out storm drains. Page: 4 January 119 1982 City .Engineer Brust responded that thene were no' monies available to clean out the channels, _.,i._City,,Manager Callinan reported receiving telephone calls from Assemblyman Filante and Congressman Clausen's office during the storm to check on Rohnert Park's condition. ,City:Manager Callinan briefly conveyed commendations to the many volunteer citizens, Public Works and Public Safety employees who assisted during the emergency storm conditions. Scheduled Public City Manager Callinan indicated that Mr. Ronald E. Rulofson Appearance scheduled to appear before the Council regarding hydroelectric permit filing had telephoned that he was snowbound in the Trinity area and would be unable to attend the meeting. Mechanical Play Councilman Hollingsworth left the Council Chambers at this Devices point in the meeting, the time being approximately 8023 p.m. due to a conflict of interest regarding mechanical play -devic;es and abstained from any consideration of the matter. City Manager Callinan referred Council to his Council meeting memo dated January 7, 1982 regarding Mechanical Play Devices and gave a brief staff report and up -date. Mr. Callinan read the eight recommended.conditions as proposed by staff from his memo regarding: mechanical play devices. Vice -Mayor Hopkins opened the scheduled public hearing on mechanical play devices. City Manager Callinan read the communications received from Pastor Charles Paulsen of the Cross & Crown Luthern Church and Carl Moore, President of the Rohnert Park Chamber of Commerce, f�nnette Lyons., 7518 Boris.Court was recognized and related that during the .Christmas vacation period the Recreation _ Department did not provide sufficient recreational activities for the youngsters out on vacation and that the video games were one means of entertainment for the youngsters. Dave Mori, 1289 Camino Coronado.was recognized and recommended that the play devices not be centralized, expressed that he felt the play devices could operate with no problems if ,properly. supervised.. Betty .Richards, Zane's. Restaurant Manager was recognized and expressed that she felt the play devices were healthy enter - tainment for all:and agreed with the conditions as proposed by city staff, Rob Hornbeck, 7389 Circle Drive, Rancho Cotate Student, was recognized and noted that-currently the bowling alley was the only facility allowed legally to have mechanical play devices. Mr. Hornbeck pointed out that Lommie's Restaurant of Rohnert.:Park had been issued a business license for their mechanical.pl.ay devices without being specified a number of machines allowed, Mr. Hornbeck questioned the definition of Page 5 January 11, 1982 an arcade. He presented the Council with a petition of 825 signatures in favor of allowing mechanical play devices in Rohnert Park. Dick Dennis, Santa Rosa resident was recognized and also questioned the definition of a game center and arcade. Mr. Dennis expressed that he felt an amusement center could be properly run if properly supervised by a competent owner. Mr. Dennis requested that the Council not prejudice itself against all amusement centers because of a few ill run establishments. Tony Molina, 917 Santa Dorotea Circle was recognized and expressed that he felt the play devices were needed to give the community additional entertainment. David Eck, 7075 Adele Avenue was recognized and recommended the Council concentrate on controlling mechanical play devices through issuance of use permits and licensing of operators. Ray Patterson, Safeway District Manager was recognized and related that there were mechanical play devices in many Safeway grocery stores without any reported problems. James Orr,.7486 Boris Court was recognized and objected to video games and recommended that they only be allowed in bars and further recommended that if the Recreation Department were to install same that they charge for usage. Shawn Avila, 6092 Donna Drive was recognized and expressed that he felt that mechanical play devices did not provoke violent behavior, did not believe that youths were skipping school just to play the machines and felt that it was up to the parents of youngsters to determine whether a youngster be allowed to play the machines. Mr. Avila concurred with staffs recommendations for conditions of the mechanical play devices. Jack Behl, 56 Allan Avenue was recognized and expressed op- position for mechanical play devices in Rohnert Park. Paul Sconfienza, 715 Brett Avenue was recognized and also expressed opposition to allow mechanical play devices in the city. Connie Douglas, 56 Allan Avenue was recognized and related that she had experienced problems with the play devices .bothering her eyes, felt the games were a waste of money, created nervousness in individuals and created excessive noise. Lon Reed, Straw Hat Pizza co -owner was recognized and related that his business rely °s on the play devices for his estab- lishment Jim Fischer, Attorney for Coin Amusement was recognized and related problems in licensing operators of play devices. Mr. Fischer provided the Council with a copy of a proposed ordinance setting standards and regulations on mechanical Recess January 11, 1982 play devices in the city and requested that the Council read and consider same.. Marvin Ellenberg, Attorney from Oakland was recognized and �:,,Indicated that he was one of the individuals responsible for setting UP regulations in the City of Oakland regarding mechanical play devices. Mr. Ellenberg pointed out that play devices were an object of choice with an individual 'having a choicel:to play or not to play. He objected strongly to the recommendation of installing play devices in the city's recreation,center for,,free of,'charge. Mr. Ellenberg played aloud a tape,recording.,of an editorial by KCBS regarding play devices.. He recommended the Council carefully consider the matter leaving no p6s8ibilities for legal attack. Dis- cussion followed. C.N. McMurdie, President of Advanced Automated Sales Company was recognized and upon inquiry related that the average play device pulled in approximately $150 per week depending on the location of the machine, some more, some less. Mr. McMurdie indicated that his firm promoted family entertainment, presented the Council with copies of letters he has received favoring:-Tnech anical play devices as entertainment. Mr. McMurdie . noted that according to studies 250 of the -individuals that play mechanical play devices; were over the age of 21. David Walker, Attorney for Lommie's Restaurant was recognized and expressed that he favored a monitorium on play devices until the Council had time to evaluate the matter and prepare an ordinance fair to all involved. Director 'of Public Safety Dennett was recognized and related that he had not heard of any major problems associated with the play devices other than -a multitude of bicycles outside the establishments where%,they are located. �C.N * McMurdie was again recognized and pointed out that Sears department store has set aside an area in their stores speci- fically fon mechanical play devices. Ed McAdams, Cal Skate owner was recognized and expressed that he had no objections to the play devices and noted that generally the parents- participated in the game playing with :':their youngsters. Mr. McAdams pointed out that in his estab- lishment the youngsters needed something to break up the long session of skating and that the play devices were thus ..,appropriate.' He stressed that the play devices could be allowed with no problem's if properly supervised and under the controlled environment of the owner. 'Preston Smith, 102 Spencer Avenue, Santa Rosa was recognized 'zand recommended licensing owners of all machines. There being no one further desiring to be heard Vice-Mayor Hopkins closed the public hearing. Vice-Mayor Hopkins called'a recess at this point in the meeting, the time being approximately 10-14 p.m. Page 7 January 11, 1982 Reconvene Vice-Mayor-Hopkins reconvened the meeting at approximately 10:17 p.m. with all Councilmen present except Councilman Hollingsworth. ,It,was•the•concensus.:of the Council to move onto other topices on the meeting's agenda and return later to mechanical play devices. _ Councilman Hollingsworth Councilman Hollingsworth returned -to the Council Chambers at Returns this point in the meeting the time being approximately 10018 p.m.. File No. 0762 - Hewlett City Manager Callinan brrlefly updated the Council on File No. Packard .0762, Hewlett Packard Project reporting that three lawsuits had been filed in protest of the proposed project as approved: Mr-Callinan related that'the'. number of required signatures on the petition protesting the Hewlett Packard Project as approved -had been verified and from the 1,860 signatures sub - mitted 1,105 had been verified, 44 over the 1,061 required. Mr. Callinan pointed out that the Council now had a choice ,of repealing "its decision on.the issue or putting it before a'speci.al.election. Mr. Callinan recommended a special election be held on April 13, 1982. Resolution No. 82 -11 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL CALLING A SPECIAL MUNICIPAL ELECTION FOR APRIL 13, 1982 City Manager Callinan explained the resolution. Upon motion of Councilman Hollingsworth, seconded by Councilman Roberts, and unanimously approved, the reading of Resolution No. 82 -11 was waived and said resolution was adopted. Councilman Stewart expressed her feelings of hearing of cir- culating petitioners misinforming individuals concerning the petition. File No. 0815- Genesis City Manager Callinan gave a brief report on Genesis Fellowship, Fellowship,Inc. -Use Inc. application for use permit noting that the thirty days Permit Application ;.time for the ordinance to allow church facilities in an industrial district had almost lapsed. Mr. Callinan reminded that the matter was.being continued from the Council's December 14, 1982:.meeting. Planning Director. Skanchy..explained Genesis Fellowship, Inc. application for use permit to operate a church facility at 5801 Redwood.Drive.in the ML (Limited Industrial) District and reviewed conditions as setforth by the Planning Commission. Upon motion of Councilman Hollingsworth, seconded by Councilman Roberts9.,and approved by the following roll call vote, use permit application of Genesis. Fellowship, Inc. to operate a church facility at 5801 Redwood Drive was granted subject to the conditions as.setforth in.the Planning staff report. Page 8 January 11, 1982 AYES: (3) Councilmen Hollingsworth, Roberts, and Hopkins NOES: (1) Councilman Stewart ABSENT: (1) Mayor Cavalli File No. 0205 -Debra Homes City Manager Callinan gave a report on the application of Inc.- Precise Development Debra Homes, Inc. for.precise development plan and architec- Plan & Architectural Rvw. tural review noting that the matter was being continued from the Councills September 14, 1981 meeting. Planning Director Skanchy reviewed the Planning staff report concerning Debra Homes, Inc. application for precise develop- ment plan and architectural review for 36 paired and attached single family lots in Coleman Valley Subdivision Unit No. 4, located on the north side of Hudis Street. Mr. Skanchy referred Council to site plans and elevations on display and noted that the matter was duly noticed for public hearing. Councilman Stewart expressed concern for the lack of windows on one of the proposed elevations. Discussion followed. Upon inquiry Chuck Lithecum, Debra Homes, Inc. representative was recognized and indicated that the roofing material would be of heavy wood shake, that.the units were 2 -3 bedroom with approximately 1,500 to 1,700 sq. ft. Vice-Mayor Hopkins opened the public hearing on the applica- tion of Debra Homes, Inc. for precise development plan and architectural review for 36 paired and attached sigle family lots (File No. 0205). There being no one desiring to be heard and no written communi- cations received, Vice -Mayor Hopkins closed the public hearing. Councilman Roberts expressed objection to the proposed pro- jects zero lot line. Discussion followed between staff and Council concerning one of the proposed elevations, garage doors, and roofing material. Upon motion of Councilman Stewart, seconded by Councilman Hollingsworth, and approved by the following roll call vote, the Council granted precise development plan and architectural approval to Debra Homes, Inc. for 36 paired and attached single family lots in Coleman Valley Subdivision Unit No. 4 (File No. 0205) . subject to the conditions imposed by the Planning Commission and additionally that the roofing material be of heavy .wood shake, that all the garage doors have automatic door openers and that elevation 2 as displayed on the map be referred back to staff for revision. AYES (3) Councilmen Hollingsworth, Stewart, and Hopkins NOES: (1) Councilman Roberts ABSENT: (1) Mayor Cavalli Councilman Hollingsworth initiated discussion concerning the developer notifying purchasers of the possibility of golf balls entering their backyards and making them aware that any safety devices installed by them for protection against same would be at their expense. Page 9 January 11, 1982 File No. 0819 -Quail City Manager Callinan gave a report on Quail Corporations Corporation application for a mini - warehouse and recreation vehicle storage facility to be located on the west side of Snyder Lane (File No. 0819). Mr. Callinan reported that the applicant requested Council consider the matter at its February 8, 1982 meeting. City Manager Callinan recommended the Council open the public hearing as scheduled. Vice- Mayor Hopkins opened the public hearing on File No. 0819, Quail Corporations application for general play amendment, rezoning, and precise development plan and architectural review for a mini - warehouse and recreation vehicle storage facility. There being no one desiring to be heard and no written communi- cations received Vice -Mayor Hopkins continued the public hear- ing to the`.February 8, 1982 regularly scheduled Council meeting. Resolution No. 82 -12 A RESOLUTION OF THE CITY OF ROI -INERT PARK REQUESTING THE COUNTY OF SONOMA TO CONSOLIDATE THE ROHNERT PARK MUNICIPAL ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION (Election Code SS36503.5, 10012, 2203, and 23300, et seq.) City Manager Callinan explained the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hollingsworth, and unanimously approved, the reading of Resolution No. 82 -12 was waived and said resolution was adopted. Calif. Professional City Manager Callinan referred Council to his Council meeting Football League Team memo dated January 7, 1982 concerning possible use of the Rancho Cotate High School football field during the months of June, July, and August by a California Professional Football League Team which is being established in Rohnert Park. Mr. Callinan reported of a meeting with school district staff members from the high school scheduled for the near future to discuss same. It was the concensus of the Council to have staff pursue the use of the Rancho Cotate High School football field by a California Professional Football League Team. Rohnert Park Stadium City Manager Callinan referred Counci Windbreak memo dated January 7., 1982 concerning possibility of installing a windbreak Stadium. It was the concensus of the have plans prepared for the windbreak solicited. L to his Council meeting staff looking into the at the Rohnert Park Council to have staff so that bids can be Mechanical P1av It was the concensus of the Council, due to the lateness of Devices (Contd.) the meeting, to continue consideration and to give the Council further opportunity to review mechanical play devices, until the following evening, Tuesday, January 12, 1982. Discussion followed concerning the possibility of establishing an emergency ordinance for mechanical play devices. Page 10 January 11, 1982 City Attorney Flitner expressed objections to preparing an emergency ordinance indicating that same should be used as such, that is, for real emergencies, Adjournment Due to the lateness of the meeting and the time being past 11000 p.m., the Council deferred ali those matters on the agenda,which were not covered in this meeting until the following evening, Tuesday., January 12, 1982 at 7,00 p.m. The meeting of the Rohnert Park"-City Council was adjourned at.approximstely 11012 p >m.'until 7000 p.m. on January 12, 1982, oA, ,s ATTE T9 De C11 puty y Clerk Dettling