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1988/03/08 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES March 8, 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. Call to order Mayor Hopkins called the regular session to order at approximately 7:02 p.m. and led the pledge of allegiance. Roll Call Present: (5) Councilmen Cochran, Eck, Hollingsworth, Lepinski, and Mayor Hopkins Absent: (0) None Staff present for all or part of the meeting: City Manager Pro - Tempore Brust, City Attorney Flitner, Director of Administrative Services Netter, and Planning Director Skanchy. Approval of Minutes Upon motion of Councilman Hollingsworth, seconded by Council- man Eck, and unanimously approved, the minutes of February 23, 1988 were approved as submitted. Approval of Bills Upon motion of Councilman Cochran, seconded by Councilman Hollingsworth, and unanimously approved, the bills presented per the attached list in the amount of $696,230.98 were approved. Non - agendaed items Councilman Lepinski stated he had an item he wished to bring up under Matters from Councilmen. City Manager Pro - Tempore Brust stated he had some items he wished to discuss under City Manager's Report. Councilman Eck also stated he had two items to bring up under Matters from Councilmen. 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 March 2, 1988 for explanation of the matters on the consent calendar and advised that the City Council had been provided with perti- nent materials regarding same. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda Rohnert Park City Council Minutes -2- March 8, 1988 Resolution No. 88 -50 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION, OVERLAYS, PROJECT NO. 1986 -19 Resolution No. 88°-51 A RESOLUTION AUTHORIZING PURCHASE OF SECURITY ALARM SYSTEM AT BURTON AVENUE RECREATION CENTER Resolution No. 88 -52 A RESOLUTION AUTHORIZING PURCHASE OF PLAYGROUND EQUIPMENT FOR COLEGIO VISTA PARK Resolution No. 88 -53 RESOLUTION AUTHORIZING QUITCLAIM DEED TO HEWLETT-PACKARD COMPANY AND TO BRUCE A. RICHARDSON AND DOROTHY ROHNERT SPRECKELS (To Release Right, Title and Interest in Various Easements in Hewlett - Packard Project Area) Resolution No. 88 -54 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FILING OF A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT AND STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 1988 -89 Resolution No. 88 -55 A RESOLUTION AMENDING RESOLUTION NO. 85 -192 REGARDING UNDERGROUND UTILITY DISTRICT NO. 6 Resolution No. 88 -56 A RESOLUTION OF AWARD OF CONTRACT, HAGEMANN CONDUIT, PROJECT N0. 1987 -16 Resolution No. 88 -57 RESOLUTION EXPRESSING APPROVAL FOR A RATE INCREASE ON BUS ROUTES NOS. 10, 11, 12 AND 14 Upon motion of Councilman Hollingsworth, seconded by Councilman Cochran, and unanimously approved, the City Manager /Clerk's report on the posting of the meeting's agenda was acknowledged and Resolutions Nos. 88 -50 through 88 -57 were adopted. Scheduled Public Mrs. Judy Haydock, representing the Commission on the Status Annearances: of Women. Rave a poster on California Women to the Council Commission on the and accepted a proclamation in observance of Women's History Status of Women Month from Mayor Hopkins. City Attorney At this point of the meeting, the time being approximately Flitner arrives 7:05 p.m., City Attorney Flitner arrived. RCHS PTSA Academic Ellie Roberts, representing Rancho Cotate High School PTSA Achievement Awards Achievement Awards, was recognized and referred to her letter dated March 1, 1988 requesting $250 for scholarship donation and distributed to the Council a copy of last year's program. Rohnert Park City Council Minutes -3- March 8, 1988 Ordinance No. 501 Upon motion of Councilman Lepinski, seconded by Councilman Hollingsworth, the request for a $250 scholarship donation was unanimously approved. AN ORDINANCE AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15, SECTION 15.40.020 (Capital Outlay Fund Fees Adjustment for Increase in Cost of Construction Index) City Manager Pro- Tempore Brust referred to City Manager Callinan's Council Meeting Memo dated March 2, 1988 for explanation of the ordinance and stated that the notice of a public hearing has been duly published and mailed to builders and developers doing business in the community. Mayor Hopkins opened the scheduled public hearing. John Johnson, representative of Robert Randall Company, Concord, was recognized and requested the Council to give their engineers time to study the fees and therefore delay adoption of the ordinance so they can give their input. There being no one else wishing to speak, Mayor Hopkins closed the public hearing. Discussion followed during which Councilman Eck stated he appreciated Mr. Johnson's concern and request for delay but the ordinance was duly noticed and was on the Council's agenda two weeks ago and made the motion to waive reading of and adopt Ordinance No. 501. Said motion was seconded by Councilman Cochran and adopted on the following roll call vote: Ayes: Noes: RP Chess Club Walter Ra Club, was make. (5) Councilmen Cochran, Eck, Hollingsworth, Lepinski and Mayor Hopkins (0) None ,idle, representing Rohnert Park Tournament Chess recognized and stated he had no presentation to Councilman Cochran stated he reviewed the figures provided by Mr. Randle and it looked like Mr. Randle was doing a good job and made the motion to grant the additional $500 contribution for the "Koltanowski Room" at Burton Avenue Recreation Center. Said motion was seconded by Councilman Eck and unanimously approved. Councilman Eck asked Mr. Randle additional funds, the Council requests at budget time so that with all other reports. Mr. affirmative. that if the Club needs any would like to get the fund they can be reviewed along Randle answered in the Rohnert Park City Council Minutes -4- March 8, 1988 Traffic Signals Fee City Manager Pro - Tempore Brust referred to City Manager.. Callinan's Council Meeting Memo dated March 21, 1988 and gavk the staff report on the proposed increase in fees and stated that notice of the public hearing has been given by l publication of a legal notice and by mailings to builders and developers doing business in the community. Councilman Hollingsworth asked if the number of estimated building units is what is left to be built within the City limits. City Manager Pro - Tempore Brust replied that the number does not include a portion of the newly annexed area. Mayor Hopkins opened the scheduled public hearing. John Johnson, Vice President of Robert Randall Company, Concord, was recognized and stated that the fees being recommended by staff are very fair but he felt that there is lighter traffic in condos /apartments than single family homes so the fee for condos /apartments should be less than single family homes and requested an adjustment for condos /apartments. There being no one else wishing to speak, Mayor Hopkins closed the public hearing. Discussion followed during which Councilman Lepinski suggested that the amount for apartments remain the same bu the amount for single family homes be raised by $50. Councilman Cochran stated he would like to see more information as to how the deficit balance is going to be made, and also a revised analysis including the newly annexed area in order to make the right projections, and also that possibly the single family homes fees should be increased to around $1,000. Further discussion followed during which staff was asked to prepare a revised report showing figures including all the newly annexed area and considering alternatives mentioned by Councilmen Lepinski and Cochran in coming up with two or three alternative solutions; and to give a priority and estimated time when the signals will be installed. Councilman Hollingsworth made the motion to reopen and continue the public hearing to the next Council meeting. Said motion was seconded by Councilman Lepinski. Councilman Eck stated he wished to make a friendly amendment to include in the report some justification why TDA funds are being used. Councilman Hollingsworth's motion, as amended, was unanimously approved. Rohnert Park City Council Minutes -S- March 8, 1988 Mayor Hopkins leaves At this point of the meeting, the time being approximately 7 :28 p.m., Mayor Hopkins left the Council chambers and Vice Mayor Lepinski presided the meeting. Water rules and City Manager Pro - Tempore Brust referred to City Manager regulations Callinan's Council Meeting Memo dated March 2, 1988 for staff report on the proposed resolution concerning rules and regulations for the water system operation and went over with the Council the changes in the resolution. Councilman Cochran made the motion to calendar the public hearing on the rules and regulations at the April 12th Council meeting. Said motion was seconded by Councilman Hollingsworth and unanimously approved. Councilman Eck suggested that copies of the resolution be sent to builders, developers and contractors doing business in the community. Planning & Zoning: Planning Director Skanchy asked that discussion of the File No. 1208 variance application appeal be deferred since the applicants are not present, the time being 7 :30 p.m. and the item is agendized for 8:10 p.m. Councilman Cochran stated he received a telephone call from Wanda McCulloh who advised that she will not be able to attend the meeting because her home had been burglarized. Golf Course Dr. to City Manager Pro - Tempore Brust referred to City Manager So. Santa Rosa Ave. Callinan's Council Meeting Memo dated March 2, 1988 and to map on display and explained to the Council the different alternatives for the road alignment and the ramifications of each alternative. Discussion followed on providing a bike path on the road to provide access to Santa Rosa, and as to how the construction of the road will be funded. City Manager Pro - Tempore Brust stated that the funding has not been tied down yet but that City Manager Callinan is working on the funding in order that the road can be built this summer. City Manager Pro - Tempore Brust stated the Council will be kept posted on the progress of the project. 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 Pro - Tempore Brust referred to Superintendent of Public Works Rail's memo regarding PG &E's proposal to remove the eucalyptus trees on Southwest Blvd. which are under PG &E's high power lines and mentioned that PG&E might also grind and remove the stumps. Rohnert Park City Council Minutes -6- March 8, 1988 Councilman Eck stated he would like to get the overhead power lines down by having the proposed undergrounding project move ahead. Discussion followed as to how the trees interfere with the sewer pipe, and that the eucalyptus trees are unstable especially with strong winds, and are messy by dropping leaves, bark and limbs. Sil Cincera, PG &E representative, was recognized and stated that the problem for the undergrounding is funding, and that Rohnert Park's funds have been used up to 1989, but as soon as funds become available, he will advise the City. Mr. Cincera stated that the trees do hamper the existing overhead wires but that hopefully by the first quarter of 1989 the company would know more about funding for the underground project. City Manager Pro - Tempore Brust suggested the possibility of PG &E phasing the removal of the trees one at a time instead of all at once. Councilman Eck replied that removing of the trees will destroy the whole area and asked Mr. Cincera what PG &E's maintenance costs are for trimming the trees and also stated that he was opposed to cutting the trees back. Lori Barber, San Francisco, was recognized and stated she is the leasing agent for the Lwis and that they feel they can operate with fewer people for lunch and a greater number at dinner and she presented photographs to the Council to show that the proposed restaurant is not going to be a run of the mill Chinese restaurant. Further discussion followed during which the Council concurred to have staff work with PG &E on a possible tree removal and replacement phased program and if it could be put together to come back to the Council for discussion. Councilman Eck commended staff for bringing the- landscaping changes to the_Council's attention. Industrial Waste Councilman Eck stated Rohnert Park is the only solvent Recycling Center transfer and recycling center in the County. Earthquake Preparedness Councilman Eck asked staff to send, if it has not yet done so, a copy of Captain Amantite's memo to the Senior Citizens Advisory Commission on earthquake preparedness. �i __..... ,: ,..1. :.... .- ..,...... 1layva civYai iaa returns aaa A► thin "int nF ttin mnetino rho times heing annroximately caa p.. of 8:05 p.m., Mayor Hopkins returned and presided the meeting. Planning & Zoning: Planning Director Skanchy referred to Planning Staff report File No. 1208 and letter received from David and Susan Lwi appealing the Planning Commission's denial of their variance application. Lori Barber, San Francisco, was recognized and stated she is the leasing agent for the Lwis and that they feel they can operate with fewer people for lunch and a greater number at dinner and she presented photographs to the Council to show that the proposed restaurant is not going to be a run of the mill Chinese restaurant. Rohnert Park City Council Minutes -7- March 8, 1988 Councilman Cochran stated he would like to grant the Lwis the variance, based on the minutes of the Planning Commission meeting, he noted that one of the Planning Commissioners was absent during the public hearing and he thinks that the Council would not be deliberating on the issue if the Commissioner was present. Discussion followed on the number of parking spaces proposed by developers and by City staff and whether the ordinance should be changed. Councilman Eck stated that the Council should look at past decisions in not requiring enough parking which have come back to haunt them. Jim Redding was recognized and stated that the Council should think very carefully before voting for the variance because this is a classic situation of the real estate office going by the ordinance using the minimum requirements and developers putting the largest building possible on the lot with the minimum of parking spaces and asked the Council not to approve the variance. Councilman Cochran stated that this is a closed parking lot and if there is not enough parking spaces, people will not frequent the restaurant. Councilman Eck made the motion to uphold the Planning Commission's decision and staff's recommendation to deny the variance. Said motion was seconded by Councilman Hollingsworth and approved on the following roll call vote: Ayes: (4) Councilmen Eck, Hollingsworth, Lepinski and Mayor Hopkins Noes: (1) Councilman Cochran City Manager's City Manager Pro - Tempore Brust referred to City Manager report: Wilkinson Callinan's Council Meeting Memo dated March 2, 1988 for lawsuit explanation of a lawsuit filed by Alicia Wilkinson and stated it had been forwarded to RF.MIF for handling. Swim Meet City Manager Pro - Tempore Brust referred to City Manager Callinan's Council Meeting Memo dated March 2, 1988 to report on the SSU /City Pacific Masters Swim Meet and asked Council's approval to release $2,000 which was earmarked in the budget for the Swim Meet. Upon motion of Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, the Council authorized the release of $2,000 for the Swim Meet. Rohnert Park City Council Minutes =1 March 8, 1988 F�. Benecia Pool City Manager Pro - Tempore Brust referred to City Manager Callinan's Council Meeting Memo dated March 2, 1988 and reported that no bids were received for the repair work. City Manager Pro - Tempore Brust stated that subsequent discussions with Rapp Construction, the original contractor for the pool, indicated that they would be willing to negotiate on a price to act as a general contractor to repair Benecia Pool. Mr. Brust estimated a cost of $12,000 and asked the Council's authorization for staff to negotiate a price for the repair in order to meet the mid -April pool opening date. Councilman L epinski made the motion to authorize staff to negotiate a repair price not to exceed $12,000. Said motion was seconded by Councilman Cochran and unanimously approved. G Park groundbreaking City Manager Pro - Tempore Brust referred to the memo from Administrative Secretary Roberts regarding the ground breaking ceremony at "G" Park on Thursday, March 10th, at 12:15 p.m. 101 Corridor meeting City .Manager Pro - Tempore Brust referred to letter received from 101 Corridor. Action Committee regarding the meeting to be held tomorrow. Sonoma County Councilman Cochran also referred to the meeting of the Sonoma Transportation County Transportation Committee which Mayor Hopkins reported Committee that the March 9th meeting has been cancelled. Fundraiser for City Manager Pro - Tempore Brust reported that the Sports Rohnert Park seniors Center is going to be used for a fund raiser by the Rohnert at Sports Center Park Council of Realtors on March 19th and that the proceeds will be donated to the senior citizens in Rohnert Park and encouraged Council and public participation of the event° Countywide Drug City Manager Pro - Tempore Brust asked if the Council had any Task Force knowledge about appointing or recommending a Rohnert Park citizen to the public Committee on the Countywide Drug Task Force. Councilman Cochran stated that the committee will be organi- zing an initiative to be put on the ballot for June instead of November, and stated that Councilmembers should also be getting their political allies to support the initiative, but was not sure how the appointments were to be made. Councilman Hollingsworth requested staff to investigate and if appropriate, schedule the item for discussion for the next Council meeting. Rohnert Park City Council Minutes -9- March 8, 1988 City Attorney's report City Attorney Flitner reported that the City was dropped from the John Benward lawsuit which was filed against the City on a contract matter. I nfocomp, Inc. City Attorney Flitner reported that the Infocomp lawsuit is almost settled. Rent control City Attorney Flitner reported on the Supreme Court's decision in San Jose in which it was determined by the Court that the Council has the right to consider economic status of tenants. Mr. Flitner also reported on the decision regarding the city of Santa Barbara dealing with the right of the property owner to increase rents. Matters from Mayor Hopkins referred to the League of California Cities Councilmen: League Community Services to be held in San Diego on April 20th of Calif. Cities through April 22nd and stated he has been to one and it is a good conference. Bike Path Councilman Eck commended staff on how quickly it installed the bikepath berm on Southwest Blvd. at Seed Farm Drive. Shopping carts Councilman Eck asked if staff has received any response from the shopping centers regarding the shopping carts. City Manager Pro - Tempore Brust and Director of Administrative Services Netter replied that a meeting with the store managers has not been set, but that staff will pursue the matter for report back to the Council. Petaluma ordinance Councilman Cochran reported that Petaluma adopted an ordinance whereby the city can get reimbursed for police services costs to the city for drunk driving cases and asked that staff get a copy of the ordinance and put the item on the agenda for the next meeting. Mr. Cochran stated he spends a lot of time in the courthouse and it bothers him to see 5 or 6 Rohnert Park Public Safety officers waiting for their cases to be heard. Mayor Hopkins stated he wished to go further and look for reimbursement for other offenses also and for everytime Rohnert Park officers have to respond to go to court. Sister Cities Councilman Lepinski referred to Gordon Adams' application and asked if staff received recommendation for appointments from Sister Cities. Director of Administrative Services Netter stated that no recommendation report has been received. British Tourist Councilman Hollingsworth stated he represented the City at Writers Assoc. the British Tourist Writers Association and spent 45 minutes with 12 writers from United Kingdom who had a great deal of concern about the community and the area in general and they were very impressed with the Red Lion Inn. Rohnert Park City Council Minutes -10- March 8, 1988 Unscheduled Public Leslie Fee, 7504 Camino Colegio, was recognized and stated Appearance that he was upset with the bikepath berm that was just placed on the west side of Camino Colegio just south of E.Cotati Avenue since it caused the removal of parking on the street and asked where his tenants and their guests going to park and asked that the no parking signs which appeared overnight be taken down. Discussion followed during which Councilman Eck stated that Mr. Fee was given an extension 1 -1/2 years ago for street parking on the condition that he was going to phase out the parking. City Manager Pro- Tempore Rrust recommended that the Council wait on a decision until City Manager Callinan returns since the berm was installed on his request. Adjournment At this point of the meeting, the time being approximately to closed session 9:03 p.m., Mayor Hopkins adjourned the meeting to closed session. Reconvene in open Mayor Hopkins reconvened in open session at approximately session 9:33 p.m. and reported that the Council discussed real estate negotiations pursuant to Government Code Secion 54956.8 (American Golf lease amendment negotiations and Rohnert Park Expressway West ROW) and that no action was taken. Adjournment There being no further business, Mayor Hopkins adjourned the meeting at approximately 9:35 p.m. ATTEST: i Deputy City Clerk