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1988/08/09 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES August 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. Call to order Mayor Hopkins called the regular session to order at approximately 7 :05 p.m. and led the pledge of allegiance. Ttoll Call Present: (3) Councilmen Fck, Lepinski, and *tayor Hopkins Absent: (0) None Late: (2) Councilmen Cochran and Hollingsworth (Time of arrival is specifically noted in the minutes) City Manager Callinan stated that Councilman Hollingsworth indicated he will be a half -hour late. Approval of Minutes Upon motion of Councilman Lepinski, seconded by Councilman Eck, and unanimously approved, the minutes of July 25, 1988 were approved as submitted. 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 $7,236,732.55 were approved. Unscheduled Public Mayor Hopkins informed that anyone in the audience who wishes to Appearance comment on any item may do so at this time. Rent Control Dick Ives, 375 Circulo Laredo, was recognized and referred to the Initiative two options mentioned in the Council Meeting Memo regarding the mobile home rent initiative and asked that the Council give them a lot of consideration before voting on any of the options. Mayor Hopkins asked Mr. Ives if his statement is based on the premise that the petitioners who signed the petition committed perjury. Mr. Ives replied in the affirmative. Discussion followed. Kitchen Kut -ups Betty Ferra, 433 Ava Avenue, was recognized and stated that she wished to thank the Council for the television set which the Kitchen Kut -ups received today. C O N S E N T C A L 9 N D A R City `tanager Callinan referred to his Council Meeting 'Memo dated August 4, 1988 for explanation of the matters on the consent calendar and advised that the City Council had been provided with nerti_nent materials regarding same. Rohnert Park City Council Minutes —2— August 9, 1983 Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda Resolution No. 88-167 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECTI "TG THE CLAIM OF GARY HOLT PETERSON Resolution No. 38 -168 A RF.SOLUTIONT OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF GOLDEN BEAR ELECTRIC CO. Resolution ,To. 88 -169 A RESOLUTION ACCFPTI'`TG CRANT DEED FROM YOUNG AMPRICA TTOMES, INC. FOR LANDSCAPE PARCELS ALONIC CNNIINO COLE- 110 Resolution No. 88 -170 RESOLUTION CALLING FOR SEALED PROPOSALS, OVERLAY ANT: RECONSTRUCTION, PROJECT NO. 1988 -9 Resolution No. 88 -171 RESOLUTION CALLLING FOR SEALED PROPOSALS, COLEGIO VISTA PARKING LOT /CRANF SCHOOL PLAYFTELD, PROJECT NO. 1988 -14 Rt— mlltYinn Tin, RR -17? PV4ZO ITTTONT n T?TFT)MTTT TNTr TTIV A1�iM". Ir OV ?J -0v wTV raec Anv mn nc „nTnn,. + —t�J1,.11 JL :llJ 1+1 l.11 17G r"A L J Cell FROM PROPERTY TAXES AND SETTING TAX RATE FOR 1988 -89 FISCAL YEAR FOR GENERAL. OBLIGATION BONDS OF 1968 Resolution No. 88 -173 RESOLUTION RFnUES:iTNG CAL TRAITS TO EXPEDITE MODIFICATIONS TO WILFRED AVENUE FREEWAY I'TTERCTTAPTCE Approving final map and authorizing the Mayor to execute an appropriate subdivision agreement prior to the map being release for recording; File No. 1176 — Young America Homes, 48 unit single family subdivision (Carriage Court, Unit 2) located on Camino Colegio, south of E. Cotati .Avenue tJ. on motion of epin5K1, secouuea vv Councilman Eck, and unanimously approved, the City Manager /Clerk's report on the posting of the meeting's agenda was acknowledged. Resolutions Nos. 88 -167 through 88 -173 were adopted, and the final map for File No. 1176, Young America Homes, 48 unit single family subdivision (Carriage Court, Unit 2) located on Camino Colegio, south of E. Cotati Avenue, was approved and the Mayor was authorized to execute an appropriate subdivision agreement prior to the map being released for recording. Mobile Home Rent City Manager Callinan reported that the initiative which proposes Control Tnitiative amendments to the mobile home rent control law has qualified for placing on the ballot and the Council has the option of either to adopt the initiative ordinance as presented in the petitions or set the matter for election. Rohnert Park City Council Minutes -3- August 9, 1989 City Attorney Flitner stated that the court does not provide for the matter of fraud or perjury but the court does say that the Council either adopt the ordinance immediately or place the intiative on the ballot. If the Council or legislative body does not, it is making a judgment that fraud has been made and that it is prejudging the measure and the proponents can force the Council to out the measure on the ballot. On the question of the validity of the petition in view of the fact that the circulators may not be residents, this matter has been addressed by the Secretary of State that even though the circulators ^lav or may not have been residents, the legislative body should honor the petition. discussion followed. Dick Ives, Rancho Grande, was recognized and stated he read the District Attorney's statement and it does not rule on the fraud or misrepresentations of circulators; it just ruled on the validity of the initiative and suggested to the Council to perhaps vote to delay putting the initiative on this election and have it sometime in the future. Mayor Hopkins stated that the Council is really restricted by law in what it can do and if there is proof of perjury, someone should go to the District Attorney so those who committed perjury will be put on notice that they should not do such a thing. Councilman Cochran At this point of the meeting, the time being approximately 7:13 arrives p.m., Councilman Cochran arrived. Councilman Eck stated the Council is not going to enact an ordinance per se although there is some fear that going to a general election, that the whole thing is worded that is an either /or, and made the motion to adopt Resolution ?To. 88 -174 pending changing the typographical error in the second paragraph. Said motion was seconded by Councilman Lepinski. Further discussion followed. Resolution No. 98 -174 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL DIRECTING TBF. ROHNERT PARK CITY CLERK TO TAKE APPROPRIATE MEASURES TO PLACE THE INITIATIVE PETITION REGARDING THE LIMITATION, OF THE ROHNERT PARK RENT CONTROL ORDIN&TTCE TO LOW INCOME TENA'1TS ON THE BALLOT FOR SUBMISSION OF THE QUESTION TO THE VOTERS City Manager Callinan explained the resolution. Upon motion of Councilman Eck, seconded by Councilman Lepinski, and unanimously approved, Resolution No. 88 -174 was adopted. Councilman liollings- At this point of the meeting, the time being approximately 7:15 worth arrives p.m., Councilman Hollingsworth arrived. Rohnert Park City Council Minutes -4- August 9, 1988 ?Mayor Hopkins stated he would like to go on record and hoped that the rest of the Council would do so that he opposes the Proposed ordinance, Councilman Hollingsworth stated that if that was a motion, he was going to second it. The motion passed unanimously. Resolution *To. 88 -175 A RESOLTTTTO'NT OF THE CTTY OF ROTTNERT PARK AUTHORIZING THE FILING Or ARGTJ'TENTS AT'TT) RE?iTJTTAL ARrTP4FNTS FOR ANTI AGAINST °MEASTTRE City 'ianager Callinan explained the resolution. Upon motion of Councilman T7ck, seconded by Councilman L epinski, and unanimously approved, Resolution `To. 99 -175 was adopted. City Manager Callinan asked the Council who is going to orepare the argument. 'Mayor Hopkins replied that he will be responsible for it or he can call a special meeting or an adjourned meeting. City Attorney Flitner advised that one Councilman can prepare the argument and the other Councilmen can make a comment on it. DiS%ii87L on followed on reactivating the :Tobile Home Council Committee and the Council concurred to adjourn tonight's meeting to 11:30 a.m. tomorrow, August 10th, prior to the theatre ground- breaking. TJilfred Avenue City 'Tanager Callinan referred to maps on display and stated a public hearing has been scheduled in the event acquisition of the easement has not been negotiated with the property owner although there is a 99', possibility for an agreement to he reached. Mayor Hopkins opened the scheduled Dn blic hearing. There being no one wishing to speak, ?Mayor TTopkins closed the public hearing. Resolution ^To. 93 -176 A RESOLiJTT(-)N OF TTTF CITY COUNCIL OF T?ME CTTY OF ROTfiITERT PARK AUTTTORIZI *TG THE ACOIJISITTO'1 OF CERTAIN REAL PROPERTY WITHT ^T THE. WTT,PRF.T) AvrATTTF. T *TTFR CTTATT(`H AREA ACCI7CC�TF *ST TIT CTDT r"T+ T.TTTT7 TNT TT7V CITY OF ROHNERT PARK A'TT) AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LEGAL PROCErDINGS TO ACQUIRE TTTE REAL PROPERTY T)FSCRIBET) IN L. --TTS REOLUTION BY EMINENT DOMAIN OR BY NEGOTIATED PURCHASE City manager Callinan explained the resolution. Upon motion of Councilman Lepinski, seconded by Councilman Cochran, and unanimously approved, Resolution No. 88 -176 was adopted. Planning & Zoning: City Engineer Irust referred to the "Traffic Impact Assessment — File 'To. 1235 — State Farm Drive Overcrossing — Rohnert Park, California" prepared State Farm Thrive by ,Alan C. Tilton, P.E., Consulting Traffic Engineer an,i Overcrossing introduced `(r. Tilton who made a presentation to and reviewed the report with the Council whicr report recommended keening the State Farm give Freewav overcrossin- in the City's ^eneral Plan. Rohnert Park City Council Minutes -5- August 9, 1988 Discussion followed concerning the proposed overcrossing and whether or not it will he needed. City 'tanager Callinan stated that all staff is saying is: plan — it is better to have the overpass and not need it than to need it and not have it. Pat Case, 93 Walnut Circle, was recognized and stated that a 2 -way road would be inadequate, and suggested that if the right of way was granted, the road should be 4 -way. Further discussion followed. Councilman Eck made a motion to endorse staff's rcommendation and leave the overpass in the General Plan or the Council will regret it more if it didn leave it in the General Plan. Councilman Eck's motion died for lack of a second. Councilman Lepinski made the motion to take the overpass out of the General Plan. Said motion was seconded by Councilman Cochran. Discussion followed concerning what happens if the Council did nothing and that nothing changes in the General Plan if the Council took no action. Councilman Lepinski's motion passed on the following roll call vote: Ayes: (3) Councilmen Cochran, Lepinski, and Mayor Kopkins Noes: (2) Councilmen Eck and Tiollingsworth City 'tanager Callinan advised the Council that the matter will be referred to the Planning Commission for nublic hearing and a recommendation because the law requires that to amend the General Plan, and that after the Commission acts, the matter will be scheduled for public hearing before the Council and Council action, again as required by law. File No. 1206 - Planning Director Skanchy referred to maps and drawings on display Werner Nase and Planning Commission minutes and distributed to the Council the 5755 Redwood Dr. sample of the glass and a photograph that shows how the proposed building will look by changing the material from wood to stucco. Councilman Lepinski made the motion to accept the Planning Commission's approval of the architectural revision. Said motion was seconded by Councilman Cochran and unanimously approved. Road tie in with City Manager Callinan referred to a map on display regarding the Santa Rosa Avenue proposal suggested by Councilman Cochran to connect Redwood nrive to Santa Rosa Avenue. Rohnert Park City Council Minutes -6- August 9, 1983 Councilman Cochran stated the proposed layout would put the parallel roads out of Rohnert Park on to Santa Rosa Avenue and he sees a problem with that and his intent was to tie Redwood Drive into the other frontage road that is coming south below Todd Road. City Engineer Rrust stated he will look into the matter. Cultural Arts City Manager Callinan referred to his Council $feeting "Memo dated Facility (Theater ) August 4, 1989 regarding the concern expressed by some residents on the road being developed on the west side of the Community Center complex as part of the construction contract for the theater. Liza nuinn, 114? Copeland Creek, was recognized and stated that she agreed that the masonry wall would be advantageous for the present but the barrier should be at least 3 feet to be adequate; however, she does not think it will solve all the problems because over the past 10 years, she and her neighbors have had an escalation of vandalism along the creek; kids on the roofs, continuous parties on the hill where the theater parking lot is planned; kids riding their dirt bikes on the hill, fires on the hill, and through all this, they have not had enough police coverage. Mrs. Quinn also stated that the Council does not see the potential problems that are being generated in the area and she joist wanted the Council to be aware of the problems they have had in the area. Tim nuinn, 1149 Copeland Creek, was recognized and stated he would like to propose that the road be eliminated altogether until it is proven that the road is needed. Mr. nuinn also stated that he and his neighbors experience so much vandalism that the police only advises them to refer the matter to their insurance companies because all thev could do is take their names and addraccac in resnonse to their calls. Councilman Eck suggested that the wall be desi,-;ned if the entrance to the theatre is going, to be needed at all. Mrs. Quinn stated that speed bumps are not a possibility because the road is a fire lane. Councilman Eck made the motion for staff to come up with a masonry fence design plan, get the residents' input and bring the design back for Council consideration. Said motion was seconded by Councilman Lepinski and unanimously approved. Property exchange City Manager Callinan stated that an exchange of property for the Pollard property at the southeast corner of the Community Center will be discussed in the closed session. Rohnert Park City Council Minutes -7- August 9, 1983 Swim Center City Manager Callinan stated he met with Mr. Miller today and will present an agreement for architectural services for Council's approval at the next Council meeting. Freeway Directional City Manager Callinan indicated that the City's goal is to make Signs maximum use of the motels, hotels and restaurants by alerting the motoring public of the City's facilities through freeway directional signs and referred to maps on display for the locations of the signs. Discussion followed and covered points such as if the the City will collect money for the spaces from the participants; the cost per sign is $10,000; the signs would follow the State's policy but making them more directional; and getting the City Attorney's opinion if this action will put the City in a situation that it is in the sign business. Councilman Lepinski made a motion to have the existing "Bowling Alley and Golf Courses" sign on Commerce Blvd. at the State Farm nr. intersection removed. Said motion died for lack of a second. Mayor Hopkins made a motion to remove the existing sign when the other signs are installed. Said motion also died for lack of a second. Cotati Water City Manager Callinan referred to Cotati's City Engineer Paul Service Request Schoch's letter dated July 28, 1939 requesting water service for fire sprinklers and fire hydrant at the E.Cotati Avenue /Lancaster Drive intersection (a cony of the letter and location sketch are attached to the original set of these minutes). Mr. Callinan recommended that service he provided on the condition that Rohnert Park be paid (a) connection fee, (b) $41 per month for standby fee, and (c) $100 for inspection fee. Upon motion of Councilman Hollingworth, seconded by Councilman Cochran, and unanimously approved, the request for water service was granted subject to the conditions recommended by the City Manager. Recess Mayor Hopkins declared a recess at approximately 8:37 p.m. Mayor Hopkins reconvened the meeting with all Councilmembers Reconvene present at approximately 3:47 p.m. Resolution No. 38 -177 A RESnLUTION OF THE CITY COUNCIL OF THE CITY OF ROI�NERT PARK APPROVING A REARING AID DEVICE RF.NEFIT PROGRAM .AND AUTITORIZING ITS IMPLEMENTATION Citv `tanager Callinan explained the resolution. niscussion followed. Rohnert Park City Council Minutes -8— Aii?iist 9, 1983 Upon motion of Councilman Cochran, seconded by Councilman ?follingsz,orth, and unanimously approved, Resolution No. 38 -177 was adopted. PFRS — 'Sili.tary City ',Iana,,er Callinan referred to Director of Administrative Service Credit Services Netter's memo dated August 4, 1998 giving additional information on military service credit as nu blic service. Discussion followed after which the Council took no action. Communications Communications per the attached outline were brought to the attention of the City Council. 'fo action was taken unless specifically noted in these minutes. City Manager Callinan referred to the flyer for the Rohnert Park Tournament Chess Club's Koltanowski open and distributed copies to the Council of an article in "Chess Life ", a national magazine, cahich gives Rohnert nark a significant coverage under the lcnuC[`siil }) of Walter Randle. City *tanager's report City *tanager Callinan referred to a memo from Finance Director Funds Transfer Harrow dated July 28, 1988 (a cony is attached to the original set of these minutes) reporting that the 1987 -88 budget provided for a $100,000 transfer to the General Fund from the Capital outlay Fund because it was anticipated that the General Fund would need the funds to end the 1987 -88 fiscal year with a positive cash balance and it is now estimated that the General Fund will have a cash balance of approximately $171,300. Mr. Callinan asked the Council to ratify his directive to Finance T)irector 'farrow not to transfer the funds. Upon motion of Councilman Cochran, seconded by Councilman Eck, and unanimously approved, the City '-tanager's action was ratified. 1989 assessed value City Manager Callinan reported that last year's figures from the County Assessor's office showed a 3 R % valuation J-,u f . .� nivai.ivu �n1L after receiving copies of last year's figures, some errors were found and the valuation has gone up to S%, and that staff is going to pursue the matter further and will report back to the Council. Community video City Manager Callinan reported that he was contacted by Mr. Lefler Brown of the RP Chamber of Commerce asking if the City would he interested in making a promotional video. *Tr. Callinan stated that he felt the video could be used by firms and developers to promote their business, so he called a meeting of such individuals and they agreed to underwrite the $6,000 cost of nroduction of the video, and this item is for the Council's information only. Renublic 'fealth Cite "Tanager Callinan reported that ')avid Tfill of Rernihlic Tfealth Group Grour) L7i.11 visit him on Tuesday, August 16th, to discuss the possibility of a hospital and asked if any Councilmemher can join them. Councilman rck stated he r'iav he a')l.e to ittPnd. (7ouriciInan Cochran stated he will be on vacation. Rohnert Park City Council Minutes —9— August 9, 19,9R Softball complex City Manager Callinan asked the Council if it wished to go ahead with more definitive plans on the softball complex and he will have the matter on the agenda for the next Council meeting. Councilman Lepinski stated that staff should go ahead with the plans. The Council concurred. Stadium modifications City "Manager Callinan reported that modifications are under way at the stadium to accommodate the softball games of Guanella Rros. scheduled for the week of August 19th. Crane Creek Park Citv PManager Callinan reported that he received a request from the County Regional Parks to develop Crane Creek Park and suggested he work with the Mayor and the Board of Supervisors and approach the County that the City wishes to abandon the agreement and he will bring up the matter at the next Council meeting. City Attorney's City Attorney Flitner reported that the mobile home park owners Report had filed their amended complaint and that he had prepared the answer to the complaint which he is in the process of filing, after which the matter will he set for trial. "Matters from Mayor Hopkins designated Councilman uollingsworth as the voting Councilmen: Voting delegate and Councilman Cochran as the alternate at the League of delegate /alternate California Cities Annual Conference on October 16 — 19 at San Diego. The Council concurred. National League of Mayor Hopkins asked any Councilmemher who planned to attend the Cities .Annual Congress National League of Cities Annual Congress of Cities and of Cities and Exposition on necember 3 — 7 at Roston, 'Massachusetts, to let T xposition Administrative Secretary Roberts know as soon as possible. Cultural Arts City Manager Callinan indicated that the Cultural Arts Theatre Theater ground breaking was scheduled tomorrow at noon and asked the Mayor to have a few words prepared. Storm drain Councilman Eck asked what is being done in front of the high school. City Engineer Brust replied that a storm drain is being installed. Adjournment There being no further business, "iayor Hopkins adjourned the meeting at approximately 9:07 p.m. to a closed session which will be adjourned to Wednesday, August 10th, at 11:30 a.m. ATTRST: Deputy City Clerk INTER - OFFICE MEMORANDUM T0= Peter M. Callinan City Manager RE: Transfer to General Fund From Capital Outlay Fund ($100,000) Related to Project 1987 -09, Corporation Yard Addition FROM: Michael L. Harrow Finance Director DATE= July 28, 1988 The approved 1987 -88 budget provides for a $100,000 transfer to the general fund from `the capital outlay fund for the Corporation Yard Addition project. The transfer was budgeted because the general fund had paid for the entire project in the amount of $1S0,000 and because it was anticipated that the general fund would need the funds in order to and the 1987 -88 fiscal year with a positive cash balance. The transfer can be located on page 12 under "Other Sources of Cash" and is part of the $13S,000 transfer to the general fund. It is now estimated that the general fund will have a 6/30/88 cash balance of approximately $171,300. Pursuant to our conversation of today, the proposed transfer will not be made. oumii Correspondence. Cop's to Ga, uncilm n vnV to � i r Eb • r Council �Aonde� to 8a• c unit an :co--Pyl py to g' 3 y - I to t� CITY OF COTATIzCe' JUL 9 0 X98 -3 Post Office Box 428, Cotati, California 94928 Ro"Ekr PARK Telephone (707)795 -5478 28 July, 1988 City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 Attention: Ron Brust City Engineer Dear Ron: Re: Food & Liquor A. P. 144- 302 -33 766 East Cotati Ave. Job No. 9786- EO02 -27 This is to confirm that the City of Cotati approves of the fire sprinkler connection to the City of Rohnert Park's water line located on Lancaster Avenue. Since ly, Paul L. Schoch City Engineer PLS : sf cc: Randy L. Johnsen, City Manager Dennis Dorch, Planning Director Daryl Phillips, Building Inspector Steve Nommsen, Public Works Supervisor , , " 1 -.ter)