1988/03/22 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES
March 22, 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.
Closed session The City Council met in closed session to consider personnel
matters pursuant to Government Code Section 54957 and real
estate negotiations (Rohnert Park Expressway West Right of
Way) pursuant to Government Code Section 54956.8. Council -
members Cochran, Eck, Lepinski and Mayor Hopkins and City
Manager Callinan, City Attorney Flitner and Director of
Administrative Services Netter were present in the closed
session. After the closed session, the Council reconvened in
open session.
Open session
Call to order Mayor Hopkins called the regular session to order at
approximately 7:32 p.m. and reported that the Council met in
closed session to discuss matters pursuant to Government
Codes listed on the agenda and the real estate negotiations
will be mentioned later on as listed on the agenda.
Roll Call Present: (4) Councilmen Cochran, Eck, Lepinski
and Mayor Hopkins
Absent: (1) Councilman Hollingsworth
Staff present for all or part of the meeting: City Manager
Callinan, City Attorney Flitner, Director of Administrative
Services 'Vetter, City Engineer Brust and Recreation Director
Pekkain.
Pledge of allegiance Mayor Hopkins led the pledge of allegiance.
Approval of Minutes Upon motion of Councilman Lepinski, seconded by Councilman
Eck, and unanimously approved, the minutes of March 8, 1988
were approved as submitted.
Approval of Bills Upon motion of Councilman Lepinski, seconded by Councilman
Cochran, and unanimously approved, the bills presented per
the attached list in the amount of $700,175.51 were approved.
Non - agendaed items Councilman Eck stated he wished to report on the outcome of
the Tanner process of storage of hazardous materials under
Matters from Councilmen. City Manager Callinan stated he
wished to discuss the Council's plan on a work session under
City Manager's Report. Councilman Cochran stated he wished
to speak on the animal shelter under Matters from Councilmen.
Rohnert Park City Council Minutes -2- March 22, 1988
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.
Dorothy Frye was recognized and stated she is at the meeting
as a spectator for the 1988 Sonoma County Grand Jury.
Acknowledging the Upon motion of Councilman Eck, seconded by Councilman
City Manager /Clerk's Cochran, and unanimously approved, the City Manager /Clerk's
posting of the agenda posting of the agenda was acknowledged.
Resolution No. 88 -58 A RESOLUTION OF AWARD OF CONTRACT, LANDSCAPE MAINTENANCE
City Manager Callinan explained the resolution.
Discussion followed on the quality of work of Redwood
Landscaping in the past, if the City is bound by the low bid,
why Hagemann Park is not included on the list, the change in
the term length from three (3) years to five (5) years, and
what safety mechanism the City has if the quality of
landscape work becomes inferior.
Councilman Eck made the motion to adopt Resolution No. 88 -58
as recommended by staff. Said motion was seconded by Mayor
Hopkins but was not approved on the following vote:
Ayes: (2) Councilman Eck and Mayor Hopkins
Noes:' (2) Councilmen Cochran and Lepinski
Absent: (1) Councilman Hollingsworth
Councilman Cochran made a motion to adopt Resolution No.
88 -58 with an amendment to the contract being awarded to
provide for a shorter term of three (3) years rather than
five (5) years. Said motion was seconded by Councilman Eck
and unanimously approved and Resolution No. 88 -58, as
amended, was adopted.
Resolution No. 88 -59 A RESOLUTION APPROVING SALE OF PROPERTY AND AUTHORIZING THE
'VvVnrnrTnXr nV n nrrn Tn rnTATT— R0WNFRT PARK IMPTFD SCHOOL
DISTRICT (Sale of E! Camino Continuation High School, a
portion of AP #143- 04 -56)
City Manager explained the resolution.
Upon motion of Councilman Cochran, seconded by Councilman
Lepinski, and unanimously approved, Resolution No. 88 -59 was
adopted.
Resolution No. 88 -60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING USER AGREEMENT WITH CITY OF SANTA ROSA (For
reclaimed water for irrigation of golf courses)
Rohnert Park City Council Minutes -3- March 22, 1988
City Manager Callinan explained the resolution.
Discussion followed regarding the lawsuit against the Windsor
Water District for using irrigation water with secondary
treatment and not having an EIR, and that Rohnert Park is
assuming that Santa Rosa, being the lead agency, is handling
all environmental concerns, and Santa Rosa having filed a
negative declaration.
City Manager Callinan suggested to amend the resolution with
two (2) items; viz., for City Attorney Flitner to write the
language on the assumption that Santa Rosa has met all
environmental requirements and Rohnert Park does not have to;
and the Mayor will not sign the agreement until the City has
a written aSSurance from American Golf Corporation that it
will fulfill the requirements imposed on Rohnert Park by the
agreement.
Councilman Lepinski made the motion to adopt Resolution No.
88 -60 with the above amendments. Said motion was seconded by
Councilman Cochran and unanimously approved.
Resolution No. 88 -61 A RESOLUTION THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY
PROCEEDINGS FOR THE ACQUISITION OF PROPERTY FOR THE ROHNF.RT
PARK EXPRESSWAY
City Manager Callinan explained the resolution and reported
that the City had today reached agreement with Stan Poncia
and that the City is very close to finalizing agreement with
the Pimentel family and the resolution may expedite that
matter.
Upon motion of Councilman Cochran, seconded by Mayor Hopkins,
Resolution No. 88 -61 was adopted on the following voice vote:
Ayes: (3) Councilmen Cochran, Eck, and Mayor Hopkins
Noes: (1) Councilman Lepinski
Absent: (1) Councilman Hollingsworth
Resolution No. 88 -62 A RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT DIED (ROHNERT
PARK EXPRESSWAY RIGHT -OF -TRAY THROUGH PONCIA PROPERTY)
City Manager Callinan explained the resolution and stated he
was pleased to report that after his meeting with Stan Poncia
and Bill Kuziara at the office of the Sonoma County Water
Agency today that Mr. Poncia and the City have come to an
agreement and Mr. Poncia has been cooperative in the past
month and now understands how the project is going to impact
his dairy operations. Based on latest discussions, it is
necessary for the Council to make necessary findings since it
did not know and could not have known when the agenda was
prepared that an agreement would be reached with Mr. Poncia.
Rohnert Park City Council Minutes -4- March 22, 1988
Sister City(s)
Relations Committee
Resignation of Jim
& Gayle Peebles
Size of membership
Number of associate
members
Councilman Cochran made the motion to put
the agenda as an emergency since the need
when the agenda was prepared and time is
finalizing the purchase of land involved.
the resolution on
for it was unknown
of the essence in
Councilman Eck made the motion to adopt Resolution No. 88 -62
with a recommendation for the Mayor to send a letter of
appreciation to Mr. Poncia for his speedy negotiations. Said
motion was seconded by Councilman Cochran and approved on the
following voice vote:
Ayes: (3) Councilmen Cochran, Eck and Mayor Hopkins
Noes: (1) Councilman Lepinski
Absent: (1) Councilman Hollingsworth
Councilman Cochran stated that as liaison to the Sister
Cities, Jim and Gayle Peebles have done an excellent job and
made the motion to accept their resignation as a result of
their relocation to Santa Rosa. Said motion was seconded by
Councilman Eck and unanimously approved.
Miho Kite and Susan Harrow were recognized and referred to
the Committee's "Notice of Bylaws Amendment" which
recommended the size of the Committee's membership be
increased to eleven (11) members.
Upon motion of Councilman Cochran, seconded by Councilman
Eck, and unanimously approved, the Sister Cities Relations
Committee Bylaws amendment to allow the Committee's expansion
to eleven (11) members was approved and authorized.
Miho Kite asked the Council for direction what to do with the
applications received by the Committee.
Councilman Cochran made the motion to authorize Sister Cities
to have as many associate members in the committee who will
be allowed to participate in the Sister Cities activities and
define associate members who can be appointed by the Board.
Said motion was seconded by Mayor Hopkins and unanimously
approved.
Letter from Hashimoto Miho Kite referred to the letter received from Hashimoto City
Mayor Hanesaka Mayor Hanesak a regarding the visit of Enterprise Development
Headquarters to find out how Rohnert Park's Master Plan was
developed and followed by the Planning Commission. Mrs. Kite
also referred to the visitors' itinerary regarding a dinner
on April 14th and stated that the Committee does not have
enough funds to pay for the dinner.
Rohnert Park City Council Minutes —S— March 22, 1988
Councilman Cochran stated he felt the Council would be happy
to meet with the visitors and extend to them the hand of
friendship and work with them on their plan but that the City
Council would not want to pay for the visitors' dinner.
Mrs. Kite stated perhaps the City Council would pay for the
dinner of City representatives who will attend since Mayor
Hanesaka sent the formal request to take care of the
visitors. Mayor Hopkins replied that each Councilmember can
pay for his own dinner and the visitors pay for their own
also.
City Manager Callinan suggested that staff work with Mrs.
Kite on the response to Mayor Hanesaka and Councilman
Lepinski made the motion to have the Committee start a letter
and work with staff on the response /letter. Said motion was
seconded by Councilman Cochran and unanimously approved.
Proposed RP Jr. High City Manager Callinan reported that one of the biggest
gym activities at the Sports Center is the open gym time and the
City does not have enough courts which are a much needed
facility for the Junior High and stated that the proposed gym
at the Rohnert Park Junior High would be made available to
the City for community use and asked if the City Council
wished to schedule a work session on the matter.
Councilman Cochran stated he did not see why the City should
be buying the School District a gym or supplementing the
State and School District money.
Discussion followed on using funds for anti —drug enforcement
versus providing activities to youngsters to keep them from
drug activities, put the proposed gym in the redevelopemnt
priority funding list in perspective of redevelopment
activities, and if the City will build the gym the City
should control its use.
Lynn Ginnsburg, Business Manager of the School District, was
recognized and replied that as State funding goes, there
would be no funds to build the gym in a Junior High facility
so the School District is ineligible to build a gym at the
Junior High.
Councilman Cochran stated he resists and resented the fact
that the money received from the School District for the the
sale of the Hahn School land is in effect being given right
back to the School District by building the gym and in effect
the City lost the land and much as he recognizes that the
spirit of cooperation between the School District and the
City has been excellent, he feels the City should be a
participant.
Rohnert Park City Council 11inutes -6- March 22, 1988
Councilman Cochran stated to put this matter under the
Community Development Agency's wish list with an indication
that maybe a portion of the Icahn school site money could be
used for this project. The Council concurred.
Parks & Recreation Recreation Director Pekkain reported a correction in the
matters - Sports proposed resolution, viz. under Memberships for Senior
Center Citizens, to show $25 under every three months instead of
$100 annual so it would not be a hardship to the seniors, and
under Open Gym Drop - -In Fees, Youth (14 years or under...)
should be changed to 12 years or under.
Discussion followed on requiring one month memberships to
participate in the electronic fund transfer program after
which the Council concurred to add that waivers to this
section may be granted at the discretion of the Recreation
Director.
Resolution No. 88 -63 RESOLUTION AUTHORIZING AND ESTABLISHING FEES FOR USE OF THE
ROHNERT PARK SPORTS CENTER
Upon motion of Councilman Lepinski, seconded by Councilman
Cochran, and unanimously approved, Resolution No. 88 -63 was
adopted.
RP Youth Baseball Recreation Director Pekkain referred to his memo dated March
League 16, 1988 and updated the Council on the change of the Rohnert
Park Little League to the Rohnert Park Youth Baseball League
due to boundary problems between Rancho Cotate and Rohnert
Park Tittle League.
Storage shed - Eagle Recreation Director Pekkain referred to his memo dated March
Park 169 1988 regarding the Rohnert Park Girls Softball
Association's request to place a storage shed at their
expense at Eagle Park.
Upon motion of Councilman Eck, seconded by Councilman
Lepinski, the construction of the storage shed subject to
approvals of the Department of Public Works and Recreation
Department was unanimously anoroved.
Traffic Signals City Engineer Brust referred to the revised resolution
including newly annexed area, a map showing the various
signal intersections prioritized by year, and to the "Traffic
Signal Options" report as requested by the Council.
There being no one desiring to be heard, Mayor Hopkins closed
the public hearing continued from the last Council meeting.
Rohnert Park City Council Minutes -7- March 22, 1988
Discussion followed on whether the traffic signal fee costs
borne by new residential development should be for all
systems or for the signals that are going to be needed by the
new growth, charging on a per unit basis as being more
equitable, and whether to double the fees from the existing
costs or from the proposed fees.
Councilman Cochran stated that the fees should be doubled
for everyone except commercial and that Option 3 would almost
balance the budget.
Councilman Eck stated he felt commercial should also be
increased like everyone else.
Councilman Cochran made the motion to set the higher fees in
Option 3 for a public hearing. Said motion was seconded by
Mayor Hopkins.
Further discussion followed during which Councilman Eck
recommended for staff to study the higher fees and Councilman
Cochran withdrew his motion and Mayor Hopkins withdrew his
second.
Resolution No. 88 -64 RESOLUTION UPDATING FUTURE TRAFFIC SIGNAL NEEDS AND
INCREASING TRAFFIC SIGNALS FEE FOR THE ROHNERT PARK MAJOR
THOROUGHFARE DISTRICT
Upon motion of Councilman Cochran, seconded by Councilman
Lepinski, and unanimously approved, Resolution No. 88 -64 was
adopted.
Councilman Cochran made the motion to set for public hearing
an additional rate increase to hear evidence concerning
Option 3 in the staff report. Said motion was seconded by
Councilman Eck and unanimously approved.
Councilman Eck asked about the status of the traffic signal
lighting on Petaluma Hill Road at E. Cotati Avenue. City
Engineer Brust replied that he and City Manager Callinan are
meeting with Sonoma County Public Works Director Don Head and
will inform the Council the outcome of the meeting.
Redevelopment of City Manager Callinan referring to a map on display explained
M.Hahn Elem. School the School District's plans for redevelopment of the Margue-
rite ruite Hahn Elementary School site. Discussion followed.
Commerce Blvd. right City Engineer Brust referred to map on display and asked for
hand turn lane south- the Council's input on how to proceed regarding the project
bound at Expressway that would widen Commerce Blvd. to provide a right turn lane
in front of Jack -in- the -Box restaurant at an estimated cost
of $40,000.
Rohnert Park City Council Minutes -8- March 22, 1988
Discussion followed on why this project was not done last
year and if it would have been cheaper, making the right turn
lane for right turn only, and for staff to contact Jack- in-
the -Box and to include the project as part of road /TDA pro-
jects in July.
Mayor Hopkins stated he would like to act on the project now.
Councilman Lepinski made the motion for staff to continue on
the project and to contact Jack -in- the -Box regarding the
right of way. Said motion was seconded by Councilman Cochran
and unanimously approved.
STIP City Manager Callinan referred to the resolution adopted by
the Sonoma County Board of Supervisors on March 8, 19881,
copies of which were provided to the Council for information
purposes only. The resolution contains a priority list of
transportation improvement projects within the County as
recommended by the County's STIP Technical Advisory Committee
of which City Engineer Brust is a member.
Recess Mayor Hopkins declared a recess at approximately 9:25 p.m.
Reconvene Mayor Hopkins reconvened the regular meeting with all
Councilmembers present, except Councilman Hollingsworth, at
approximately 9:30 p.m.
MultiVision Cable TV City Manager Callinan distributed copies to the Council of
communication from MultiVision and suggested that the Council
take two minutes to read same.
Councilman Cochran stated he would like to save time for
everyone and made a motion to continue the MultiVision (ML
Media) franchise for a month in light of what he and
Councilman Lepinski learned at the National League of Cities
seminar they attended the last two days in Washington and
would like to integrate what they learned. Said motion was
seconded by Councilman Lepinski and unanimously approved.
City Manager Callinan suggested that perhaps the Council
would explain this action to Fran Parkey, Vice Pres. of
MultiVision, who was in the audience.
Fran Parkey was recognized and stated that MultiVision and
City staff have had grueling negotiations and have reached a
point after much time and thought where both parties are
close to an agreement and asked what are the Council's
objections.
Rohnert Park City Council Minutes -9- March 22, 1988
Councilman Cochran replied that he sat for five hours or so
through hearings on franchising and financing and talked to
councilmen, mayors and legislators and he has some concerns
and he wants to look at the agreement in terms of
instructional data which he is not prepared to do in a matter
of two days.
Mrs. Parkey asked if those concerns would be addressed within
the month and stated she wished to hand deliver to the City a
letter expressing MultiVision's intent to renew its franchise
(a copy is attached to the original set of these minutes).
Resolution No. 88 -65 A RESOLUTION AUTHORIZING THE EXTENSION OF THE CABLE
TELEVISION FRANCHISE BETWEEN THE CITY OF ROHNERT PARK AND M L
MEDIA PARTNERS, L P OR ITS WHOLLY OPINED SUBSIDIARY M I. MEDIA
FOR A THIRTY (30) DAY PERIOD, I.E. UNTIL APRIL 21, 1988
The Council committee consisting of Councilmen Cochran and
Lepinski stated they will meet with staff first and then
report to the Council.
'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 Manager Callinan referred to his Council Meeting Memo
Additional P.S.O. dated March 16, 1988 regarding the addition of one (1) Public
authorization Safety Officer prior to the 1988 -89 City budget review.
request
Upon motion of Councilman Cochran, seconded by Councilman
Lepinski, and unanimously approved, the addition of one
Public Safety Officer to the Public Safety Department was
authorized.
Benecia Pool City Manager Callinan reported that repair work has begun on
Benecia Pool by Rapp Construction Co., the original
contractor for the pool, and the repairs should be done in
time for the pool opening in mid - April.
Camino Colegio City Manager Callinan referred to Council Meeting Memo dated
bike berm March 16, 1988 for explanation of staff's recommendation to
keep the bicycle berm on the west side of Camino Colegio,
south of E. Cotati Ave.
Councilman Eck made the motion to keep the bicycle berm as
recommended by staff. Said motion was seconded by Councilman
Cochran and unanimously approved.
Sewer cleaning City Manager Callinan referred to Council Meeting Memo dated
project March 16, 1988 for explanation of staff's request for Council
authorization to negotiate with selected contractors for
sewer cleaning and repair services. The Council concurred to
move ahead with the project.
Rohnert Park City Council 'Iinutes -10- March 22, 1988
Shopping carts City Manager Callinan referred to
Department of Public Safety regarding
are ending up in the creeks and not
expressed hoped that the problem will
the store owners /managers are again
concern.
two memos from the
the shopping carts that
being recovered. He
be resolved now that
aware of the City's
Council work session City Manager Callinan asked the Council when it would wish to
meet for a work session on general planning issues with the
City Manager. The Council concurred to meet on Tuesday,
April 12th, at 4:00 p.m.
City Attorney's report: City Attorney Flitner reported that Petaluma has adopted a
Petaluma ordinance reneral Order which imposes costs of public expense on the
drunk driver, in the same manner that San Jose and Sacramento
have, which gives the cities an average recovery of $600 per
offender and the collection is done by a Texas Company. Mr.
Flitner suggested that the city can utilize the small claims
court for $1,500 or less and farm out the difficult accounts
to the out-of-state company. Mr. Flitner also stated that in
his opinion, it is better to have an ordinance to operate on
which gives the Council control on fines and when the case
goes to bail, if it gets that far, the court will have the
ordinance to go by. In the same field, Santa Rosa
has a false alarm charge. Mr. Flitner asked the Council if
it wished to authorize an ordinance for the drunk driving
instances and a false alarm system in Rohnert Park, and there
are some cities that police responses for certain instances
such as domestics.
Discussion followed on also charging for disturbing of the
peace such as noisy parties, how the City finds out if the
defendant was convicted, and whether the recovery costs
should be from drunk drivers only or include all offenses.
City Manager Callinan suggested City Attorney Flitner to get
more information on the matter from the League of California
Cities, and the Council concurred.
Infocomp. Inc. Citv Attornev Flitner reported that the suit is taking longer
than he thought but he still thinks the City would get the
$7,500 in escrow and his office has done everything that
needs to be done.
Harris lawsuit City Attorney Flitner reported that the Harrises have been
served and the City suffered a setback in a court ruling but
he has appealed and thinks the City could prevail.
Matters from Councilman Cochran stated that the County -wide Drug Task
Councilmen: Drug Force project is going full steam ahead and has hired two
Task Force consultants and received start up money from a big donor and
the Council needs to search for a Rohnert Park citizen who is
willing to serve on the actual political committee and to let
him know of anyone who would be interested.
Rohnert Park City Council Minutes -11- March 22, 1988
Cultural Arts City Manager Callinan referred to Administrative Secretary
Theatre work session Roberts' memo regarding the work session with the Cultural
Arts Committee and the architect /consultants. The Council
concurred to meet on Tuesday, March 29th at 3:30 p.m.
Tanner Process Councilman Eck reported that Rohnert Park will not be able to
host a hazardous material site because of the Tanner
Process' exclusionary criteria even though the City is the
only one in the County that has an industrial waste
reclamation system.
Cochran Town Hall Councilman Cochran reported that 13 people showed up for his
meeting town hall meeting including representatives from FAIRE
regarding some problems at the animal shelter.
City Manager Callinan asked if they have gone to Director of
Public Safety Dennett. Councilman Cochran replied that the
problem is that the FAIRE people are not getting any results.
Councilman Cochran stated he is looking at the third week in
May to do another town hall meeting.
National League of Councilman Lepinski stated he and Councilman Cochran will
Cities meeting in make a report on the meeting in Washington.
Washington
Councilman Eck suggested that the matter be put on the agenda
at the next Council meeting.
Redevelopment Councilman Cochran stated he would like to see a public
hearing on the redevelopment wish list, a copy of which will
be given to Clarion columnist Jud Snyder so that the list
is made available to residents and the public hearing should
get some press coverage. The Council concurred.
City Manager Callinan suggested that the Community Develop-
ment Agency listed on this meeting's agenda be deferred until
the public hearing on redevelopment projects priorities. The
Council concurred.
Adjournment There being no further business, and no wishing to speak,
Mayor Hopkins adjourned the me ing at apilmately 10:12
p.m. to Tuesday, March 29th,��8 at 3¢30
/ /
ATTEST:
Deputy City Clerk