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1988/01/26 City Council Minutes70'14.7Ti,P71 P,ARu CITY CO?T *.•,'CIT, 11T`d1ITBS January 26, 1.9 3,3 The Council of the City of Rohnert Pare net this date in regular session commencing at 7:00 p.m. in the City offices, 6750 Commerce Boulevard, Pohnert Park, with Mayor Hopkins presiding. Closed session The City Council ;net in closed session to consider. personnel matters pursuant to Government Code Section 54957, real estate negotiations pursuant to Government Code Section 54956.9 and litigation pursuant to .Government Code Section 54956.9 (b)(1). Councilmembers Eck, iollingsworth, L epi_nski and Mayor Hopkins and City Manager Callinan and City Attorney Flitner were present in the closed session. A.f,ter the closed session, the Council reconvened in open session. Open session Call to order Mayor 7opkins called the regular session to order at approximately 7 :35 p.m. and led the pledge of allegiance. Roll. Call Present: (4) Councilmen Eck, 7ollin gswortb, Lepinski, and Mayor Hopkins Absent: (1) Councilman Cochran Staff present for all or part of the meeting: City ?tanager Callinan, City .Attorney Flitner, and Planning Director Skanchy. Mayor Vopkins stated that the Council met in closed session to discuss matters pursuant to Covernment Codes listed on the agenda and that the Council took no action. Approval of Minutes Councilman clarification Pent Control provide the money and for to the City. Tollingsworth stated he wished to make a on page 12, 6th paragraph under Mobile 'Tone that his original motion was for the City to $50,000 to the Rent Appeals Voard not as seed the 4oard to be under no pressure to return it TTpon "otinn of Councilman. Lepinski, seconded by Councilman Eck, and unanimously approved, the minutes of January 12, 1453 were approved as corrected. Approval of Bills Vpon motion of Councilman Eck, seconded by Councilman Noll i_ngsworth, and unanimously approved, the hills presented per the attached On in the amount of $1,124,294.76 were approved. Rohnert Park City Council "[inutes -2- Tanuary I(, , 1 93T? TTon- agendaed items City `Tanager Callinan stated he had two miscellaneous reports lie wished to bring up under City 'Tanager' s report. CouncilLna.rn Eck stated he has two miscellaneous iter.ts to discuss under Matters from Councilmen. Unscheduled Public Appearance '?esolution Mo. 88 -17 1 n n ��7 1 n o Resolutio '� "o. �'� —i Resolution r ?o. gq -1'? Resolution ?ITo. `?3 -20 Resolution No. `?Ii -21 Mayor TTopkins stated that, in compliance with ;torte Lacy (the Brown Act). anyone in the audience who wis ?zed to make a com ?.tent may do so at this tirue. nick Tves, Rancho Grande, was recognized and stater?. he wished to publicly thank the City, especially City Engineer Brust, for doing a quick job in repairing and improving the left turn and no nassin7 lanes on Snyder Lane in front of the Rancho (irandE. "JobilE: 'Lome nark which will save sore lives. xic' c; c;: 3c��c; Y: c> ckx9cx> Fkk; c' x3c; �:'; �c4cicic ;cx�T:":k4<ic;tic:t;c;F�ck>Y x� :<;'; *:�:':ic'ck':i <�kk;ci;'x;� C 0 ?`T S E N T C A L F 'd T) A T, City Manager Callinan referred to his Council Meeting Memo dated ,January 21, 1983 for explanation of the matters on the consent calendar and advised that the City Council had been provided with pertinent materials regarding same. Acknowledging the City Manager /Clerk's report on the posting; of the meeting's agenda Co�.rncilman Eck stated he wanted a clarification on Resolution TTo. €39-21 regarding the bid alternatives before deciding if he will have it nulled out of the consent calendar. City 'Tanager Callinan replied. that bid specifications break up the City into two areas, north and south, with Copeland Creek as the dividing line and that separate bids for the areas as well as a composite bid is being solicited. RESOLTTTIO'T OF T'IF COUNCIL, OF VE CTTY OF ROT .MF.RT PART RE,T7M.7'T13 THE CLAIM OF TIE °TRY F. FRASIFR (c /o P>ryan M. Hansen, Attorney) 1Pr,S,0T fTM -r0 \T I"ATT Tr.Tn PhD CF ATT?Tl DT>(1T)`1C,`1T,S T'(1TJ (;AT2PP+TT * 70 Ti (12 ROT IT',RP PART: CO't PT',TTTY CF`TTFP. RF.OT,TTTIO� CALLT^IG FOP ';7M,FT) PROPOSALS TO RFMOVF AND RFPLACF OR RFSFT TILE ANT) COPTNG AT BEPTICIA POOL RESOLUTTO`T CALT,T'TC FOR SEALFT) PROPOSALS , TIAGE`IArrT CO`IT)UTT , PRO.TEC T. ',,To. 19137 -1 RESOLUTION CALLT`?G FOR SFA.UT) PRO ?OSALS, L.A`dTSCAP? MATNTE'TANCF SERVIC7S a Rohnert Park City Council Minutes -3- January 26, 19",13 Resolution T'To. 88 -22 .A RESOLUTION OF TT ?F CITY COTJ ?ICIL OF TITF CITY OF ROIINERT PAR!: ACCFPTINC EASENIF'TT CORPORATIMT GRM%iT DEED FROM R07 T?RT PARK TERRACES HO'TFOTTIERS' ASSOCIATION, INC. Resolution No. 88 -23 A RESOLTTTIO'.I APPROVTTIG AND RATIFYING AN AGRF..ETIF.NT BETW7N TI1F CITY OF ROTiNF.RT PARK AND CITY ATTORNEY JOHN; FLITNER FOR SERVICES TO BE PROVIDED TO CITY Resolution TTo. 83 -24 RESOLUTION RECLASSIFYING PUBLIC SAFETY SECRETARY POSITION (SECRT•:TARY II) TO SECRETARY III I,FVIL Resolution '1o. 83 -25 RESOLUTION AUT1I0RI7,TNG COST OF LIVING ADJUSTMENT FOR CITY EMPLOYEES IN ACCORDANCE WITH PRFVIOITSLY APPROVED IMI-IORANMUMS OF AGRFFMENT FOR RFPRESF, JTFD MIPLOYEES AND TTIF OUTLINE OF CMMITIONS OF EMPLOYME',dT FOR NON- RF.,PRESFNTFD EMPLOYEFS Resolution I'?o. 88 - 26 RESOLUTION APPROVING AGRFE'4ENT FOR PUBLIC A.GENCTES (FIRE PROTECTION SERVICE TIIITUAL AID) Approving final map and accepting public utility easement, Cambridge Square condominiums (on soutbwest corner of F. Cotati. Avenue and Cristobal Rd.) - Pacific Coast Properties Ratifying appointment of Linda 113olm to Rohnert Park Cultural Arts Commission (to replace Ann Rasmussen for four (4) year term through December 31, 1991.) Upon motion of Councilman Lepinski, seconded by Councilman Hollingsworth, and unanimously approved, the City Manager/ Clerk's report on the posting of the meeting's agenda was acknowledged, Resolutions Nos. 84 -17 through 38 -26 were adopted, Cambridge Square condominiums final map was approved and public utility easement was accepted, and the appointment of Linda Holm to the Rohnert Park Cultural. Arts Commission was ratified. Ordinance No. 499 M ORDINANCE INCRFASTII!, CO IP1:NS.ATTON OF 'IM113ERS OF T11E P.OTINERT PARK CITY COUNCIL (BY 5% IN ACCORT)ANICE I,TITT?. STATE LAl1) City Manager Callinan referred to his Council Meeting 'lemo dated January 7, 1983 and explained the ordinance. Councilman Ilollingswortli made the motion to defer discussion until all Councilmembers are present. Said motion was seconded by Councilman Fck and unanimously approved. Rohner.t park City Council fU nutes -4- January 26, 1928 Resolution No. 28 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RONNF.RT PARK ACK`TO' TLEf)(',ING TEE ADOPTION OF Ai'd ORDINANCE BY TH? ELECTORATE OF TEE CITY OF ROHNERT PARK PROVIDING FO! RENT CONTROL III MOBILE '10` R, PARKS AND PROVIDW FOR A RENT APPEALS BOARD City Manager Callinan explained the resolution and stated L1, home ,_ that the. liull,.Lt.e [IC�t:tC pare. owners are awaiting siJi`le definition /decision from the Council so they will know how to respond on this matter since they view the "green book'' agreement as valid and a binding contract and this resolution will state that the initiative overruled the "green hook ". City ?tanager Callinan also stated that the park owners will be notified of what cost of living adjustment they can have after December. 1015 .level. City Attorney Flitner recommended that the 4 -1 vote taken earlier at the Rent Appeals Board meeting be inserted in the resolution. Councilman Eck stated there are two things he would like to recommend be added: (1) that the City Council held public hearings at each mobile home park during which they became aware of the extensive lack of understanding of and dissatis- faction on the "green book" by the tenants and that the °green book" was not a working policy and these hearings could be considered "fact finding hearings "; and (2) that the City Council, along with the Council committee, met extensively with the park owners to resolve conflict of the "green book" and these efforts were unsuccessful. Navor Hopkins also stated that in his meetin3 with the park owners, there were still major stumbling blocks that were not worked out prior LV the initiative. Councilman Eck referred to page 2 and stated that the mobile home owners have filed documents that they felt were a breach of the "green book ". mayor 4opkins Casitas where agreement and increase while and this sit passed. recommended to Mention the situation at Las the park owners had the tenants sign a lease those who signed received an $R.50 rent those who did not sign received a $32 increase .ration came about right after the initiative Councilman Hollingsworth made the motion to adopt Resolution No. SS -27 by title, as amended, with final drafting to be examined by the Council committee of Eck and Hopkins. Said motion was seconded by Councilman Eck and unanimously approved. Rohnert Park City Council Minutes -5- January 26, 1Pg3 Resolution No. 33 -28 A RESOLUTTON OF TH'? ACCEPM49 EASETIrNT COA'TANY CTTY CO?PdCTL OF TTTR CTTY OF RORTIF.RT PARK QUITCLAIM DEED FROI TIRVIL ETT- PACKARD J' City 'Manager Callinan explained the resolution. TTpon motion of Councilman Lepinski, seconded by Councilman TTollingsworth, and unanimously approved, Resolution No. 33 -25 was adopted. Scheduled Public Councilman ITollingsworth stated that Mr. Mike Rosen was Appearance at the Rohnert Park California Junior Hiss event and could not be present to present his request for the $500 contribu- tion to the California Junior �Tiss program and made the motion for the City to grant the $500 contribution request. Said motion was seconded by Councilman Eck and unanimously approved. Ambulance service City Manager Callinan distributed copies of "Staff Recap of Ambulance Situation" dated January 26, 1433 to the Council, press correspondents and the audience and also copies of two proposed resolutions for Council consideration after the public hearing on Nor.rbom's application for Certificate of Public Convenience and Necessity which has been duly noted, and after reading the "Recap" report, recommended that the Council adopt both resolutions to issue Certificate of Public Convenience and ?Necessity to both '.SedSTAR and Norrbom, subject to certain conditions and continue the month to month agreement with Redwood Fmpire Life Support for ambulance service and put the ambulance service to bid. Ptayor uopkins opened the scheduled public hearing on Norrbom's application for a Certificate of Public Convenience and Necessity. Nancy Osburn, Oakland, of MedSTAR was recognized and stated that the family still plans to move to Rohnert Park in Tune and she wished to make a minor correction to the City staff report that MedSTAR has 10 paramedics but their goal is to have 15. Also, while it is true they do not blame anyone for the expenses they have incurred in starting the ambulance service in the area, they would have some questions if their company is not allowed to compete. There being no one else wishing to speak, Mayor Hopkins closed the public hearing. Rohnert Park City Council. Minutes -6- January 26, 191`; Discussion followed on how to pick and choose which is the company that will provide the Vest service for the least amount of cost, antitrust laws, health and safety code, F'dS law, and the rates of the anpl.icants. The Council concurred Taith City 'tanager. Callinan's recommendations to as!.c the T7fS a,gency define an area of exclusivity and call for bids for ambulance service, the City continue its month to montdl agreement with Redwood T',mpire Life Support, and approve the Certificate of Public Convenience and 'Tecessity for '�fedSTAP. and 'Torrbom and staff was directed to initiate proceedings in contacting the 7'iS agencey to arr.ane contractual bidding procedure for ambulance service. ?.esolution 'To. 13 -29 P.r.SOLTT TTO -T AP? OVI''r ISSTJA'dC5 OF ,1 CFRTIFICATT OF PTJT3LIC CO'TVF,tTJ7' ?d CF. A`TD d CF,SSITY T.0 '1' ;I1 S'! \T', I ?'TC. FOR A`f iUT.A ^T T: ST;RVICF. OPERATIO'd Upon motion of Councilman Eck, seconded by Councilman Lepinski, and unanimously approved, Resolution No. 33 -2.9 was adopted. Resolution No. 33 -30 n.rSOLTJTIO''T APP R')VIPT!: 1SSUtVTCE OF A CT:RTIFICATT, OF PUBLIC CO`dVr "TTENCE A "TD N' C>' SSITY TO NORRBOM' S- SONOXA �' tJLANC^ SERVIC~,, TNC. FOR AIM'RTJLV.4C.T? SERVICE OPERATION Upon motion of Councilman Eck, seconded by Councilman Lepinski, and unanimously approved, Resolution 'To. 8`1 -30 was adopted. Planning & Zoning: Planning Director Skanchy referred to Planning Staff Report File No. 1200 dated January 14, 1931 and maps on display and stated that a Zoning Code amendment public hearing has been scheduled for the consideration of amendment to Zoning Code, Sec'L OTi 17.16.0" 0 by a ddiTig as a conditional use: "v. Public °tini- Storage Facilities ". Discussion followed on whether the loading /unloading will be done in the back, if states will be opened during the day, the applicant's preference not to have states, Public Safety has no problem with gates and units such as those proposed cannot I e without some kind of security otherwise they will be open invitation for vandalism. Tino Camber, Santa P,osa, was recognized and stated that he talked to public agencies who seem to be against having gates but he would go along with whatever the Council. asked. Rohnert Park City Council Minutes -7- January 26, 1938 Further discussion followed during which Councilman Hollingsworth commended Mr. Camber for upgrading the area and Councilman Eck asked 'Mr. camber about landscaping plans in maintainance thereof, and the visual impact of an 11 foot fence. John Olsen, Superintendent of the shopping center's remodeling, was recognized and stated the back of the older building is 13 -1/2 feet and anyone can jump up on-an 8 foot fence. 'Mayor Hopkins opened the scheduled public hearing. There being no one wishing to speak, 'Mayor Tlopkins closed the public hearing. Ordinance !-To. 500 AN ORDINANCE OF THE CITY OF ROTTNERT PARK AMFNDIN � THE ROH=;FRT PARK 111ilTICIPAL CODE TITLE 17 SECTION 17.16.090 TO ADD PARAGRAPH K - PUBLIC MINI STORAGE FACILITIES, Planning Commission File No. 1200 Upon motion of Councilman Lepinski, seconded by Councilman Tiollingswortb, and unanimously approved, Ordinance TTo. 500 was introduced. File 'No. 0976 Councilnan Tack stated he would like approval of the use permit application and architectural review subject to recall so the Council can look at the landscaping plans. Councilman Lepinski made the motion to approve the application for use permit and architectural review subject to conditions recommended by staff and the added condition stated by Councilman Eck. Said motion was seconded by Councilman Eck. Councilman Hollingsworth stated he wished to make a friendly amendment to have the applicant paint out graffiti on the wall within 48 hours. Councilman Lepinski's motion, as amended, was unanimously approved. Recess '. layor liopkins declared a recess at approXll!late_ly 9:02 p.m. Reconvene 'Mayor Hopkins reconvened the meeting with Councilmen Eck, Tlollingsworth. and Lepinski present at approximately 9:13 p.m. File No. 0378 - Planning Director Skanchy referring to a staff report dated Empire .Tractor January 14, 1982 and maps on display explained Empire Tractor & Equipment Co.'s application for site plan and architectural review for building and site improvements. Rohnert Park City Council Minutes -8- January 26, 1938 Councilman Lepinski made the motion to approve empire Tractor's application. Said motion was seconded by Councilman Tack. Discussion followed on having color samples, modify .front a little by puttinn treatment around windows. Howard Ro?gs was recognized and stated that Empire Tractor has been a fantastic neighbor and concurred that painting the exterior alone does not constitute an improvement and that a texture applied to the front of the building would not be a major cost and would make the building look more modern and so would a chan?e in the framing in the windo:•r with so-le kind of vertical treatment of decorative material around the windows. Councilman uollin;sworth stated he T7ished to make a friendly amendment to Councilman Lepinski's motion to have the applicant meet with staff for alternatives for texture other than paint to give the building a more modern look. Councilman Lepinski's motion, as amended, was unanimously approved. Civic Center City Manager Callinan stated that Councilman Cochran asked to bring tip the discussion of the future Civic Center but since Councilman Cochran was not present he recommended the Council defer the matter until the next Council meeting. Mr. Callinan reported that Councilman Cochran envisions a plaza on the five (5) acre site that the City owns and suggested that the City might be interested in purchasing the lands on City stall Drive. Discussion followed on how the project, if approved, will be funded. City Manager Callinan stated a meeting will be scheduled with the Council so it can set up priorities how to use redevelopment funds and get into the 'redevelopment Plan. Councilman Lepinsl <i recommended that further discussion be deferred until the next Council meeting and the Council concurred. 101 Corridor Study The Council discussed the 101 Corridor alternatives, the A lternative costs thereof, if Sonoma County is ready to support a sales tax, how to make it attractive for businesses to relocate in Sonoma County so the work force will not have to go to San Francisco and FTarin County, address the traffic problem in Sonoma County between Petaluma and Santa Rosa, and have Marin County address the housing issue. Rohnert Park City Council Minutes -9- January 26, 1988 City ;tanager Callinan suggested that perhaps the Council can get concurrence from Sonoma County and other cities in the County on a unified position to take in responding to the 101 Corridor Action Committee. Further discussion followed after which the Council concurred to take City ?,Tanager Callinan's suggestion. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken on any communication unless specifically noted in these minutes. City 'Manager's report: City ?,Tanager Callinan referred to his Council feeting Memo Special. Counsel hill dated January 21, 1948 and reported that City staff settlement_ negotiatied a reduction in fees with the Special Counsel and noted that Special Counsel services do not come cheap. Review of 1987 and City 'Manager Callinan referred to his "1987 and 1988" memo outlook for 19 i8 dated January 22, 19gg and went over with the Council the highlight of activities in 1987 and the goals of 1988. Big 4 Rents /City City Manager Callinan reported that the City negotiated a adjacent property lease agreement with Mr. Ken Purge who agreed to pay $200 a month for using City property for employee parking and that the company is in the process of purchasing the property to the rear to expand and for more parking. Councilman Lepinski asked if Big 4 will clean up the dirt pile and remove the dirt and stated that he will not approve the lease agreement finless Big 4 removes the dirt. Councilman I.iollingsworth made the motion to take the dirt out. Said motion was seconded by Councilman Lepinski and approved on the following roll call vote: Ayes: (4) Councilmen Eck, Hollingsworth, Lepinski and ?Mayor Ilopkins ?oes: (0) None Absent: (1) Councilman Cochran ?donation of organ to City ?Manager Callinan reported that a thank you letter from Fun After 50 Club the ' Mayyor. will be sent to "Mrs. Kay nurfee for the ITammond organ she donated to the Fun After Fiftv Club. Rohner.t Park City Council Minutes -10- January 26, 195 Annual performance City Manager Callinan reported that tie had discussed with review City Attorney Flitner that the Council can meet on personnel, matters and can set a specific time if the Council wished to discuss his annual performance evaluation in private. Councilman Eck asked that the guidelines for evaluation be made clear.. The matter was left with *Mayor Hopkins to decide when and where to Meet to discuss the City Manager's performance evaluation. F. Cotati, -Ave. City `-tanager Callinan reported that the Vast Cotati annexation Area Annexation and the Wilfred Avenue Area Annexation have been recorded and that the $4+ million annexation fee for the F. Cotati Ave-Area Annexation has been collected. City Attorney's City Attorney Flitner reported that the Harris case has been report: Harris transferred from one attorney to another and that he is lawsuit givina them a little time to work out an agreement so the condos would revert back to apartment status as before the conversion. ?ie advised that the rTarris' have been given an extension to February 15 to reply at which time they have to answer the lawsuit. Infocomp City Attorney Flitner updated the Council on legal action (software provider) against Tnfocomp. `flatters from Mayor Hopkins stated that if any Councilmember wishes to take Councilmen: his place as liaison to the Library Advisory Board to so indicate because he has been unable to attend their meetinns on Tuesdays at 7 p.m. Aid cutoff for rent control cities Vacation Adjournment ATTEST: Deputy City Clerk Councilman Lepinski requested City staff to get more tormi.. 1., c+.- to 1.411 rj d' n ;d cutoff for CIt' °.4 .L tll l/Lii lit -L /i on tilt: OU Lr_ bi- regar Ani) aid cu ri cities with rent control. Councilman Liollingsworth stated he will be not be present at the February 9th Council meeting because he will be on vacation. There beino, no further business and no one else wishing to speak, Mayor Hopkins adjourned the eeting at approximately 10:11 P.M. J