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1988/02/09 City Council MinutesCall to order Roll Call ROHNERT PARK CITY COUNCIL MINUTES February 9, 1988 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 Hopkins presiding. Mayor Hopkins called the regular session to order at approximately 7:08 p.m. and led the pledge of allegiance. Present: (4) Councilmen Cochran, Eck, Lepinski, and Mayor Hopkins Absent: (1) Councilman Hollingsworth (out of town) Staff present for all or part of the meeting: City Manager Pro Tempore Brust, City Attorney Flitner, Planning Director Skanchy, and Director of Administrative Services Netter. Approval of Minutes Upon motion of Councilman Lepinski, seconded by Councilman Eck, and unanimously approved, the minutes of January 26, 1988 were approved as submitted, with Councilman Cochran abstaining. Approval of Bills Upon motion of Councilman Eck, seconded by Councilman Lepinski, and unanimously approved, the bills presented per the attached list in the amount of $5,273,799.15 were approved. Unscheduled Public Mayor Hopkins stated that, in compliance with State Law (the Appearance Brown Act), anyone in the audience who wished to make a comment may do so at this time. . No one wished to do so. C O N S E N T C A L E N D A R City Manager Pro Tempore Brust referred to City Manager Callinan's Council Meeting Memo dated February 3, 1988 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 Resolution No. 88 -31 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF CLEASBY MANUFACTURING COMPANY, INC. Resolution No. 88 -32 A RESOLUTION AUTHORIZING GRANT DEED FROM CITY OF ROHNERT PARK TO YOUNG AMERICA HOMES (for abandonment of well site) Rohnert Park City Council Minutes -2- February 9, 1988 Resolution No. 88 -33 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE SALE OR DISPOSAL OF THREE PUBLIC WORKS TRUCKS Resolution No. 88 -34 A RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING JOINT POWERS AGREEMENT ESTABLISHING SPECIAL ENFORCEMENT UNIT SOUTH OPERATION ordinance No. 500 AN ORDINANCE yr T THE CIT1 1 Or" RA HNEaT PARK AMENDING TlnTT r. ROHNERT PARK MUNICIPAL CODE TITLE 17 SECTION 17.16.090 TO ADD PARAGRAPH X - PUBLIC MINI STORAGE FACILITIES Planning Commission File No. 1200 Acknowledging receipt of the California Society of Municipal Finance Officers "Outstanding Award" for City's 1986 -87 Comprehensive Annual Financial Report Acceptance of external auditors (Deloitte, Haskins and Sells) 1987 Single Audit Report for fiscal year ended June 30, 1987 Upon motion of Councilman Cochran, seconded by Councilman Lepinski, and unanimously approved, the City Manager /Clerk's report on the posting of the meeting's agenda was acknowledged, Resolutions Nos. 88 -31 through 88 -34 and Ordinance No. 500 were adopted, receipt of the California Society of Municipal Finance Officers 'Outstanding Award" for City's 1986 -87 Comprehensive Annual Financial Report was acknowledged, and the external auditors (Deloitte, Haskins and Sells) 1987 Single Audit Report for fiscal year ended June 30, 1987 was accepted. Resolution No. 88 -35 A RESOLUTION AUTHORIZING THE EXTENSION OF THE CABLE TELEVISION FRANCHISE BETWEEN THE CITY OF ROHNERT PARK AND M L MFDTA PARTNERS; L P OR TTS WHOLLY OWNED SUBSIDIARY M L MEDIA FOR A THIRTY -EIGHT (38) DAY PERIOD, I.E. UNTIL MARCH 22, 1988 City Manager Pro - Tempore Brust referred to City Manager Callinan's Council Meeting Memo dated February 3, 1988 for explanation of the resolution. Discussion followed on how many times the extension can be given, the franchise fee the City gets from the cable company, and Director of Administrative Services Netter explained that he is working with the negotiating team but the cable company hired an attorney from San Francisco and brought in a new manager from the L.A. area to settle negotiations. Because of time constraints as the existing franchise expires February 13, 1988, a 38 day extension of the franchise is being authorized by adopting the resolution which should give sufficient time to settle the negotiations on the final franchise agreement. Rohnert Park City Council Minutes -3- February 9, 1988 Upon motion of Councilman Cochran, seconded by Councilman Lepinski, and unanimously approved, Resolution No. 88 -35 was adopted. RP Expressway Director of Administrative Services Netter reported that extension right of negotiations with Pimentel property is nearly complete and way acquisition that he is working with Mr. John King, representative for Mr. Pimentel, is fine - tuning the agreement. In addition, an escrow has been set up with North Bay Title Co. Mr. Netter also reported that he communicated with Stan Poncia's attorney and referred to the letter wherein the City replied to their concerns. Mr. Netter also stated that the attorney has been on vacation for two weeks which delayed negotiations for two weeks. Discussion followed on the City's power of eminent domain, holding a public hearing on the right of way acquisition, and the resolution putting the Poncia property under threat of condemnation, and the effect of the two weeks delay on the value of the Poncia property. Councilman Eck made the motion to defer action on the right of way acquisition and put the matter back on the next Council meeting agenda and directed staff to negotiate with Stan Poncia and try to settle the property acquisition amicably. Said motion was seconded by Councilman Cochran and unanimously approved. Ordinance No. 498 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15, BUILDING AND CONSTRUCTION, TO ADOPT THE UNIFORM BUILDING CODE, 1985 EDITION: THE UNIFORM HOUSING CODE, 1985 EDITION; THE NATIONAL ELECTRICAL CODE, 1985 EDITION; THE UNIFORM PLUMBING CODE, 1985 EDITION; THE UNIFORM MECHANICAL CODE, 1985 EDITION; THE UNIFORM FIRE CODE, 1985 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION AND THE UNIFORM SWI124ING POOL, SPA AND HOT TUB CODE, 1985 EDITION; AS AMENDED, AND ADOPTING OTHER REQUIREMENTS City Manager Pro - Tempore Brust referred to City Manager Callinan's Council Meeting Memo dated February 3, 1988 to explain the ordinance and stated that the matter has been duly advertised and copies of the notice of the public hearing were mailed to building firms and developers. Mayor Hopkins opened the scheduled public hearing. There being no one wishing to be heard, Mayor Hopkins closed the public hearing. Upon motion of Councilman Lepinski, seconded by Councilman Cochran, Ordinance No. 498 was adopted on the following roll call vote: Rohnert Park City Council Minutes -4- February 9, 1988 Ayes: (4) Councilmen Cochran, Eck, Lepinski and Mayor Hopkins Noes: (0) None Absent: (1) Councilman Hollingsworth Recess Mayor Hopkins declared a recess at approximately 7 :26 p.m. for the Boys Scouts Mock City Council Meeting. @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @@ Boy Scouts - Mock City Manager Pro- Tempore Brust distributed copies of the Mock City Council Meeting City Council Meeting agenda. Scout Mayor Ken Nagle called the Mock City Council Meeting to order at approximately 7 :27 p.m. Present were Scout Vice - Mayor Isaac Jacobsen, Scout Councilmen Gerald Leuschen, Billy Roscoe and Field Etienne, Scout City Manager David Schneider, Scout City Engineer Chris Hildum, Scout City Finance Director John Warner, Scout City Recreation Director Tony Scott and Scout City Public Safety Director Tito Espinoza. Scout Mayor Nagle initiated discussion concerning eleven topics: (1) Vandalism, (2) Clean Creeks, (3) "C" Park - fill low drainage areas, (4) Improve restrooms, (5) Priority for Olympic pool or Performing Arts Theatre, (6) Shorten traffic signals timing along Expressway, (7) Increase bus schedule, (8) Improve bike paths, (9) Install more bike paths, (10) Install lighting along bike paths, and (11) Improve roads in general and specifically railroad crossings. Discussion followed concerning the above listed topics with Mayor Hopkins participating. The Boy Scouts recommended the following: (1) Vandalism - have more police to patrol (21 -lean creeks — clean up the creeks by removing shopping carts and tires about once a week (3) "C" Park - cut grass and fill low areas and put temporary fencing around the filled area after it has been planted with new grass (4) Improve restrooms - clean restrooms every other week and have gas stations provide clean restrooms Mayor Hopkins suggested that perhaps the Boy Scouts could undertake cleaning the restrooms as a project for the community. Rohnert Park City Council Minutes -5- February 9, 1988 (5) Olympic pool vs. Theatre - consensus was for having the indoor pool because it will bring in more money than the theatre would and would cost less to build than the theatre and will provide physical fitness programs for youths and adults in the winter time. (6) Expressway traffic signals - shorten and reprogram traffic signals to 45 seconds (7) Bus schedule - reroute buses and shorten time interval of buses (8) Bike paths - repair bike paths along the creek and install lighting along the creek every 50 yards (9) Roads /railroad crossings - fill potholes and cracks (10) New business - put up signs in parks after a heavy storm to prohibit playing of any kind of sports to allow the ground to get dry and those who violate will be given a warning and then a citation with possible fines. Scout Mayor Ken Nagle adjourned the meeting at approximately 8 :05 p.m. @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @@ Reconvene Mayor Hopkins reconvened the Council meeting at approximately 8:07 p.m. with Councilmen Cochran, Eck, and Lepinski present. Ordinance No. 499 AN ORDINANCE INCREASING COMPENSATION OF MEMBERS OF THE ROHNERT PARK CITY COUNCIL (BY 5% IN ACCORDANCE WITH STATE LAW) Upon motion of Councilman Cochran, seconded by Mayor Hopkins, Ordinance No. 499 was introduced on the following roll call vote: Ayes: (3) Councilmen Cochran, Lepinski and Mayor Hopkins Noes: (1) Councilman Eck Absent: (1) Councilman Hollingsworth Planning & Zoning: Planning Director Skanchy reported that he received a File No. 1062 - telephone call from G&G Management stating that all parties Jimmie Rogers have agreed on the Road Maintenance Agreeement on Parkway Dr. (a private road) and requested that the appeal be withdrawn from the Council Meeting agenda. The Council concurred. File No. 1206 - Planning Director Skanchy referred to Planning Staff report Werner Nase dated January 28, 1988 and maps on display on Werner Nase's application application for Site Plan and Architectural Review of proposed 9,098 sq. ft. 2 -story office /commercial building on west side of Redwood Drive, north of and contiguous to 5801 Redwood Drive in the ML district. Rohnert Park City Council Minutes -6- February 9, 1988 Councilman Lepinski made the motion to approve the application for Site Plan and Architectural Review. Said motion was seconded by Councilman Eck and unanimously approved. File No. 0762 - Street Planning Director Skanchy referred to Planning Staff report name change dated January 28, 1988 and maps on display and reported that the Planning Commission held a public hearing and recommended the name changes by adopting a resolution for the City Council to hold a public hearing. Mr. Skanchy stated that property owners have been notified and have no objections. Mayor Hopkins opened the scheduled public hearing. There being no one wishing to be heard, Mayor Hopkins closed the public hearing. Mayor Hopkins recommended that one of the future streets in the Spreckles Place Sub. be named after Maurice Fredericks, one of the founding fathers of Rohnert Park. Planning Director Skanchy stated that it is the City's responsibility to name the streets and he will call Mr. Hudis to name one of the future streets "Maurice ". Resolution No. 88 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RENAMING THE STREETS WITHIN THE HEWLETT PACKARD SUBDIVISION NO. 1 Upon motion of Councilman Cochran, seconded by Councilman Lepinski, and unanimously approved, Resolution No. 88 -36 was adopted. SB 34 - Delta Levee Councilman Cochran made the motion to defer action on Senator n rill Tim Niolaanta letter requeS1Li1Q opposition t0 SB 34 since he Compromise 1J1 i z- - will be in Sacramento on Tuesday. Said motion was seconded by Councilman Eck and unani.moi.inly approved. Communications Communications per the attached outline were brought to the attention of the City Council. No action was Laken on any communication unless specifically noted in these minutes. Wastewater Councilman Eck asked City Manager Pro - Tempore Brust for a brief update with pipe coming up and filters at the next meeting where they are in respect to watering golf courses. Mr. Brust replied that there is a monthly summary that he receives copies of which he will make available to the Council and he will give a followup at the next Council meeting. Rohnert Park City Council Minutes -7- February 9, 1988 Ray White's letter Mayor Hopkins referred to Mr. Ray White's letter which Director of Administrative Services Netter read concerning the $500 fee paid for mediation. Mr. Netter reported that he called and was informed that they have committed to return $300 of the $500 and they are holding back $200 to cover costs for processing, setting up files and other administrative costs. Ray White was recognized and stated he wished to thank Joe Netter personally and publicly for all his work and help to take care of getting some of the arbitration money back. City Attorney's report City Attorney Flitner updated the Council on the legal action against Infocomp and stated that he learned yesterday that Western Bank of Colorado which took over Infocomp account as creditor has agreed to pay back the $7,500 to the City as a final settlement and drop other charges such as breach of contract, etc. Mr. Flitner also stated that there is a $7,500 performance bond which the City can pursue since Infocomp has certainly not performed according to its terms of agreement. Councilman Cochran wished to state for the record that what Mr. Flitner learned yesterday is an emergency finding. Councilman Lepinski made the motion to accept Mr. Flitner's information as an emergency finding. Said motion was seconded by Councilman Eck and unanimously approved. Councilman Lepinski made the motion to direct City Attorney Flitner to accept the $7,500 from Infocomp as a final settlement and to pursue and file a claim for the $7,500 bond performance. Said motion was seconded by Councilman Eck and unanimously approved. Matters from Council- Mayor Hopkins stated he wished to defer discussion of the men: Proposed swim proposed swim center to the next Council meeting. center Town hall meeting Councilman Cochran stated he wished to have a townhall type meeting in the Council chambers on Tuesday, March 15th, at 7:00 p.m. and extended the invitation for the Councilmembers and press correspondents to attend and stated the public will be invited to discuss issues which he promised to do during his campaign and asked the Councilmembers' feedback. City Manager's The Council concurred to meeting on Tuesday, February 29th, evaluation at 5:00 p.m. to evaluate the City Manager's performance. Roberts Lake Councilman Lepinski asked City Manager Pro- Tempore Brust to send a Public Works crew to clean up Roberts Lake area. Rohnert Park City Council Minutes -8- February 9, 1988 101 Corridor Councilman Eck referred to the draft resolution on 101 Corridor and stated that the voting on an alternative was scheduled for tomorrow night and from his standpoint the bus /highway alternative referred in the first item in the resolution is wrong but he agrees with items 2, 3 and 4. Councilman Cochran stated he concurred with Councilman Eck and declared the findings as emergency which was seconded by Councilman Lepinski and unanimously approved. Resolution No. 88 -37 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK OUTLINING A POSITION ON THE 101 CORRIDOR STUDY Councilman Eck made the motion to amend item #1 to read "highway /railway" alternative and adopt Resolution No. 88 -37 as amended. Said motion was seconded by Councilman Cochran and unanimously approved. Bike Path Councilman Eck stated that the bike bath on Seed Farm Drive /Southwest Boulevard at the light needs an asphalt curb. City Manager Pro - Tempore Brust stated the City is currently getting prices on asphalt curbs and will include the intersection. Empire Waste Management Director of Administrative Services Netter read a letter from Thomas R. Walters, General Manager of Empire Waste Management requesting a City representative to attend the recycling Markets Conference in Los Angeles on March 3 -4, 1988. Adjournment ATTEST: 4�& Deputy City Clerk Councilman Eck suggested that the City finance its own representative and put the matter back on the agenda for the next Council meeting. There being no further business, Mayor Hopkins adjourned the meeting at approximately 8:43 P.M. SCOUTS IN GOVERNMENT DAY FEBRUARY 9, 1988 MOCK CITY COUNCIL MEETING Title /Position Scout Name Class Troop No. Mayor Ken Nagle lst Class 1 Vice -Mayor Isaac Jacobsen lst Class 102 Councilman Gerald Leuschen 2nd Class 1 Councilman Field Etienne 1st Class 23 Councilman Billy Roscoe Tenderfoot 102 City Manager David Schneider 2nd Class 23 City Attorney Shad Clark Life Scout 103 City Finance Director John Warner 2nd Class 103 City Engineer Chris Hildum lst Class 68 City Recreation Director Tony Scott lst Class 1 City Public Safety Director Tito Espinoza 2nd Class 68 AGENDA 7:20 p.m. 1. Vandalism 2. Clean Creeks 3. "C" Park - fill low drainage areas 4. Improve restrooms 5. Priority for Olympic pool or Performing Arts Theatre 6. Shorten traffic signals timing along Expressway 7. Increase bus schedule 8. Improve bike paths 9. Install more bike paths 10. Install lighting along bike paths 11. Improve roads in general and specifically railroad crossings. 1