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1989/03/14 City Council MinutesRohnert Park City Council Minutes March 14, 1989 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 Cochran presiding. Call to Order Mayor Cochran called the regular session to order at approximately 7 :02 p.m. and led the pledge of allegiance. Roll Call Present: (5) Council members Eck, Hollingsworth, Hopkins, Spiro, and Cochran. Absent: (0) None. Staff present for all or part of the meeting: City Manager Callinan, Planning Director Skanchy, City Attorney Flitner, City Engineer Brust, and Recreation Director Pekkain. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, the minutes of the meeting of - -Marsh i4, 1989 were approved as submitted. d Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $1,375,972.75 were approved. Council Member Spiro made inquiry regarding the amount of $1,360 to Raley's Market on Page 4, line 1125868. City Manager Callinan said it could have been a luncheon, some other special occasion, or possibly even dog food, but he would have this item looked up and specifically reported at next City Council meeting. CDA bills presented per the attached list in the amount of $338,954.19 were approved. Non— agendaed Mayor Cochran queried if any Council member had any non — agendaed Items items to add to the agenda. Council Member Spiro said she would like to express appreciation to staff for separating the Council packages in such an orderly manner. Unscheduled Public Mayor Cochran stated that in compliance with State Law (The Brown Appearances Act), anyone in.the audience who wished to make a comment may do so at this time. Cable Television Mayor Cochran stated that he would like to preface this particular time of the meeting by a comment regarding the current status of the cable franchise in that it is no longer locally regulated specifying that local government has no control of fees. He suggested that if anyone was upset over increased fees, and since this Council has no authority regarding this, that the people should write to Congressman ?3osco to express their concerns. Mayor Cochran shared that the City does have some control over Rohnert Park City Council Minutes (2) March 14, 1989 service and responsiveness of MultiVision Cable and has granted them a two-year extension of their agreement, and that the franchise is up again next year. Mayor Cochran then asked if there was a spokesperson in the audience who wanted to represent those attending to address the cable television matter, rather than everyone speaking out, in order to limit the time involved for this part of the meeting. Rhea King, 1067 Golf Course Drive was recognized and shared comments regarding the concerns of the people she represented and their frustrations in recent communications with MultiVision Cable Manager Fran Parkey in reference to the survey that was taken by MultiVision Cable which resulted in their decision to remove Channel 42 from their programming. She said they were assured by the manager of MultiVision Cable that if a minimum of 2,000 petition signatures could be obtained in favor of Channel 42, it would not be cancelled, that over 3,000 petition signatures were obtained and presented to MultiVision Cable Manager Fran Parkey last night (Monday-3/13/89) at a meeting held in Rohnert Park, but to no avail. Ms. King said they felt there was no other recourse but to come to the City Council to ask if they could assist in any way to help stop the cancellation of Channel 42 because they feel it has proven to be such a lifeline of help to so many in the community. Appreciation applause followed. Mayor Cochran addressed City Attorney Flitner regarding the general subject matter, asking if there's anything this Council can do in this area. City Attornev Flitner commented that sometimes in talking to the people there's effective results, and maybe the cable commpany is at least now more aware. City Attorney Flitner said he would take another look at the law but it was his recollection that there's not much we can do. The choice is to either take what they offer back, 1_ that v h im imposed 1 L__ the of �;� u��ee to antennas, tnaL finis was lwpuseu oil us uy the u.S.Congress and applies to the entire country. He said if we could regulate locally, it would be another matter. He further commented that he did not know if the franchise could be limited or cancelled and this could be an arbitrary matter. Discussion followed. Mayor Cochran commented that he felt this discussion was about something more important than the particular laws mentioned imply, saying that this Council was talking about the responsibility of MultiVision Cable to the citizens, further stating that if this Council is going to be put in the position of cancelling the franchise, that it be placed on an Agenda so documentation will be properly recorded through the public hearing process. Rohnert Park City Council Minutes (3) March 14, 1989 Ernestine Stevens, 101 Enterprise Dr.#151 and George Horwedel, 766 Camino Colegio were recognized. Ms. Stevens wondered if there were options available for other systems to which Mayor Cochran responded there are other systems and arrangements have been made for Pacific Telephone to set up a work shop at the next City Council meeting. Mr. Horwedel commented that since he understood the agreement with MultiVision Cable was they were going to add stations, but not delete any, could they be reminded of this and asked to reconsider. Mayor Cochran stated he would entertain a motion to declare this matter an emergency in order to have a letter delivered to MultiVision Cable tomorrow supporting a stay of the removal of Channel 42 and to place this matter on the next agenda. Upon motion by Councilman Hollingsworth, seconded by Council Member Spiro, and unanamously approved, the Council made the necessary findings that the need to act in this matter was not known when the agenda was prepared and that the Council must act tonight to be effective and directed that a letter to MultiVision Cable will be prepared for delivery to that firm tomorrow asking that Channel 42 not be removed from the program lineup until the matter was discussed at the next Council meeting. CONSENT CALENDAR Mayor Cochran queried if anyone had any questions regarding the matters on the consent calendar. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 89 -40 APPROVING A POLICY STATEMENT IN SUPPPORT OF PRESERVATION AND RESTORATION OF THE LAGUNA DE SANTA ROSA Resolution No. A RESOLUTION OF AWARD OF CONTRACT CULTURAL ARTS FACILITY MASONRY 89 -41 WALL PROJECT NO. 1980 -4 AND SOUTHWEST BOULEVARD MASONRY WALL PROJECT NO. 1988 -16 Parcel Map No.123 Approval of Parcel Map No. 123, South Rohnert Park Shopping Center (M. DeAngelis and V. Gamber) located on Southwest Blvd. and College View Dr., and authorize Mayor to execute appropriate subdivision agreement Upon motion by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, the Consent Calendar was approved as outlined on the meeting's agenda. Rohnert Park City Council Minutes (4 ) March 14, 1989 Ordinance No. AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT PARK 511 MUNICIPAL CODE, TITLE 17.18.150 TO ADD PARAGRAPH N MONUMENT MANUFACTURING FROM GRANITE AND MARBLE Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, Ordinance No. 511 was adopted. Scheduled Public Mr. Peter Bachner, Torch Run Director, P.O. Box 1097, Sausolito, Appearance Ca.94965, was recognized and explained origination and details of running torches prior to the 1989 Special Olympics Winter Games which now involves 20 countries and all 50 states. The reason for his appearance tonight was to request the City's participation in this event when the torch runner stops at Big 4 Rents, Commerce Blvd., on March 25th9 1989. Discussion followed with interest to participate acknowledged by Council. Mayor Cochran advised that he had prepared and would issue a proclamation supporting the event. Sonoma County Tennis Mr. Jay Potter, 5087 Country Club Drive, was recognized and gave Association explanation regarding the Sonoma County Tennis Association letter requesting $500 to be used in the conduct of its Open Tennis Championships which will be held at Sonoma State University June 28th through July 4th, 1989. Mr. Potter stated that Council has supported this event in the past and would appreciate the on-going tradition. Swimming Pools Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, the request for $500 contribution to Sonoma County Tennis Association towards the 1989 Annual Sonoma County Open Tennis Championships was approved. Recreation Director Pekkain was recognized and gave explanation . regarding the financial report for the swimming pools o orations for calendar year 1988, the proposed swimming pool schedule for 1989, and the recommended fees for 1989, all of which Council has been provided with copies (a copy is attached to the original set of these minutes). The proposed schedule and fees have been reviewed by the Parks and Recreation Commission and recommended for approval by that body. Recreation Director Pekkain explained that the proposed increases are basically to offset operating costs. The proposed pool fee report displays the 1988 fees that were in force as well as showing the proposed 1989 fees. Generally, all of the general admission fees are the same. Family seasonal memberships are being recommended for an increase from $95 to $110, although the pool schedule is also recommending an extended period of operation from March 25th through October 29th, which is a little longer than swimming was available last year. The family summer season membership rate is recommended for a $10 increase to $85. The season for this membership runs from ,Tune 17th to September 4th. Rohnert Park City Council Minutes (5) March 14, 1989 Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, the proposed schedule and fees setting rates for 1989 regarding the swimming pools was approved. Acquisition of Land City Manager Callinan shared comments regarding the proposed acquisition of land for storm drainage purposes on the west side of Snyder Lane, north of city limits regarding the approved J.B. Development Subdivision and pending Annexation No. 11 saying that City Attorney Flitner would brief Council further on specifics. Opportunity has been provided on this agenda so that the property owner can address the Council to submit any reaction to the offer for the property made by City Attorney Flitner. The resolution listed on the agenda will authorize the acquisition of the property by eminent domain proceedings. City Attorney Flitner said that basically this is a hearing to allow the owners of the above - mentioned land to present evidence of a place more acceptable and has to do with a more favorable location and not the value of the land. He said the property has been appraised and reviewed by both the owners and himself and that surveys of drainage have been taken with conclusions that this is the best location as it lines up directly with the existing easement. The property owners are Young and Armos and if they have any such evidence that would be a better location, and share such information at this time, we would still proceed formally and go through trial to acquire and set just compensation. Discussion followed with concluding comment by City Attorney in response to Councilman Eck's inquiry regarding condemnation of the land, saying if the resolution is adopted, then it's not necessary that the property be condemned if we can reach an agreement with the property owner on the worth of the property. He further advised that if the Council determines not to proceed at this time, that the Sonoma County Water Agency would be aquiring the property by next spring. Ron Militello, 4313 Fairway Drive, was recognized asking if this was in the budget. Mayor Cochran asked for any others from public desiring to speak at this time, to come forward. There were none. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 89 -42 FINDING AND nETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY ALONG THE NORTHERN BOTJNDARY LINE. OF THE CITY OF ROHNERT PARK FOR STORM DRAINAGE. PURPOSES Rohnert Park City Council Minutes (6) March 14, 1989 Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 89 -42 was approved. Planning and Zoning: Director Skanchy gave comments regarding his communications with File No. 0860 Mr. Larry Koagedal asking if zoning could be amended resulting in the scheduling of this public hearing before the City Council to propose an amendment to the Zoning Code to allow automotive type facilities as conditional uses in the CL (Limited Commercial) district. Specifically, the amendment is being considered is to allow a Jiffy Lube operation on Southwest Blvd. at the west end of the Herrington Square Shopping Center. The Planning Commission, after conducting a public hearing on the matter, recommends that the proposed amendment to the code be denied. Discussion followed. Public Hearing Mayor Cochran opened the public hearing on proposed amendment to Zoning Code, Section 17.16.150. James Cronin, 205 Alma Avenue, was recognized and stated that he was speaking for several who feel that whole area is very sensitive to congestion and hopes Council will keep it in stay as originally derived to put the best foot forward in that area. The traffic situation is horrendous now and they feel something is needed that's more compatible. Mr. Cronin said they appreciate what Council has done in the past in protecting this area. Pamela Wilford, 1359 Jasmine Circle, was recognized expressing concern about that strip of land currently being an eye -sore and mentioned a lot of people from this neighborhood have to go to Santa Rosa to get their quick,lubes done. She feels this company is clean and very comfortable for a woman to �o to alone so she took debate with the man that just spoke saying something is needed in that area to improve it and could see no problem in allowing this business. Larry Ko :^edal neatgate nealt / "' n. l�T .___t t 1__J 1 7 6 fS y /JJJ JV.lvlcDowell Blvd., Petaluma was recognized making the statement that he is the owner of this particular franchise and under general contract for that particular piece of property pending Council approval to amend the Zoning Code. He shared that the traffic a quick lube generates is minimal compared to a service station saying they may service 40 vehicles in a day versus 400 at a service station. Mr. Koagedal explained there would be no underground tanks, that the building would be nice and neat with a tile roof, that it's a drive -up /drive - through operation that takes about 10 minutes to service. He said the only storage that would be above ground would be a small tank with landscape around and hardly noticeable. He felt this business generated the right type of traffic count for this location and that retail businesses in the nearby neighborhood need it. Rohnert Park City Council Minutes (7 ) March 141 1989 There being no further desiring to speak, Mayor Cochran closed the public hearing. Discussion followed. Upon motion by Councilman Eck, seconded by Mayor Cochran, and unanimously approved, the Council endorsed the Planning Commission's recommendation and denied the proposed amendment to the Zoning Code. Water and Sewer City Manager Callinan referred to study done by Arthur Young Service Rates Company and provided to Council regarding recommendations of water and sewer service rates, but since staff did not thoroughly agree, implemented rates accordingly. He then introduced Finance Director Harrow to review the Staff Report. Finance Director Harrow answered questions of Council to assure clarity of reasons for rate increases when asked by the public, saying staff took the study's advice under consideration last year, but didn't feel the recommended rate increase was necessary at that time. He stated that the rates staff is recommending now are about equal to the inflation rate and mainly due to the excalated sewer costs. He mentioned that over the past four years the City has clearly not kept up with rising costs so is projecting quite a substantial deficit with reserve currently at $178,000, but by the end of fiscal year will decrease to $500,000. He then distributed to Council Exhibit I -1 of the Water and Sewer 4')Cdl � too Rate Study prepared by Arthur Young & Company offering slides for the benefit of audience, if so desired. Mayor Cochran stated he did not think it would be necessary as would probably be fairly clear from Mr. Harrow's explanation. Discussion followed. Public Hearing Mayor Cochran opened the City Council meeting for public hearing at approximately 8:05 p.m. George Horwedel, 7669 Camino Colegio, asked about the average rates for condos wondering if a survey shows they pay more than the average family dwelling, shouldn't the rates be adjusted. Mayor Cochran confirmed he's had several inquiries regarding condo water rates. Bill Adams, 716 Brent Avenue, asked what the average meter use of water is and wanted to know how it's obtained. City Engineer Brust responded that the average water use is 150 gallons per day per person but does not necessarily mean condos will be lower and it depends on the project, the location, and how it uses the water. Rohnert Park City Council Minutes (8) March 14, 1989 Discussion followed during which Mayor Cochran commented that the condo rates are a subject that's talked about all the time and Council needs to have that issue looked into. He suggested this needs to be put on as an agenda item with the bottom line being to compare condos with the single family dwelling. Lewis Kuehm, 1406 Gregory Court, asked if garbage change will come out shortly and thinks City should let it be known to public that it's coming up shortly. He thought an all inclusive package deal would be more acceptable than separate notices a short time apart. City Manager Callinan stated the water stands alone, the sewer stands alone and the garbage stands alone and that he doesn't see an overwhelming public concern since the proposed sewer and water rates adjustment was published as a front page article in the local newspaper. Discussion followed. There being no further desiring to speak, Mayor Cochran closed the public hearing at approximately 8 :35. Resolution No. A RESOLUTION AMENDING RESOLUTION NO. 88 -75, WATER OPERATION RULES 89 -43 AND REGULATIONS REGARDING WATER USAGE RATES FOR WATER SERVICE. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 89 -43 was approved. Resolution No. A RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING RESOLUTION 89 -44 ESTABLISHING RATES AND CHARGES FOR SEWAGE TREATMENT AND DISPOSAL SERVICE Upon motion by Councilman Hopkins , seconded by Councilman n_c , aiid unanimously approved, Resolution No. 89 -44 was approved. Recess Mayor Cochran declared a recess at approximately 8 :45 p.m. Reconvene Mayor Cochran reconvened the Council meeting at approximately 8:55 p.m. with all Council members present. Public Safety City ',tanager Callinan stated that pursuant to Council's Building Architect authorization, City staff has been interviewing architects to be able to recommend one to be engaged to design a new main station for the Department of Public Safety. Department representatives have interviewed a total of 29 architects and a committee comprised of City Engineer Brust, Planning Director Skanchy, and Commander Dennis Amantite have provided a recommendation. City Manager Callinan said that he, with the assistance of some other staff members, will interview the top three (3) firms recommended by the interview committee so that the recommendation of one firm can he made to the Council and asked if any Councilmembers wanted to narticiDate. Rohnert Park City Council Minutes (9) March 14, 1989 Councilman Hopkins and Mayor Cochran confirmed they would both like to be involved and attend the interviews. The other Council members consented. Additional Office City *tanager Callinan gave comments regarding the City Office Space Building getting quite cramped, especially with the addition of personnel authorized in the current fiscal year's budget. He said staff has looked at the possibility of renting or buying the building to the east of the City Offices. He said the owners are willing to sell down from $1,000,000 to $900,000, but he thinks the building is too chopped up and would require too much remodeling. He mentioned there's another building a couple of buildings down the block that could be a possibility, and that another alternative to consider would be to put a modular in back of City Hall. Discussion followed. Mayor Cochran asked who would like to work with staff on this matter upon which Council Member Spiro and Councilman Hollingsworth responded and were designated with the consent of the other Council members. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Council Member Spiro spoke for one of the citizens who could not stay for the second half of this meeting saying this citizen wanted to express concern about splitting up the staff appreciation dinner because everyone worked hard and should have equal appreciation together. Concern has been expressed about volunteers getting pushed into the Community Center versus the privilege of dinner at the Red LOion Inn. City Manager Callinan said this subject was the next item on the agenda so suggested moving on to City Manager's Report to further discuss the issue. City Manager's City Manager Callinan shared the results of a poll taken of all Report: City employees in regard to the annual employee /Commissioners' Employee /Commissioner appreciation affair to solicit their input concerning one affair Appreciation Affair or separate employee, separate commission affairs. The employees, by an overwhelming vote, indicated they would like to have a separate affair, with most employees feeling that the commissioners are more recognized than they when together. They also overwhelmingly indicated that they would like to continue having it at the Red Lion Inn. Council was provided with a copy of a recap of the survey contained in a memo to City Manager Callinan from Recreation Department staff member Donna Abeln dated February 22nd, 1989. Rohnert Park City Council Minutes (10) March 14, 1989 Councilman Eck expressed that he would much prefer to work on an appropriate format to insure staff being properly recognized as opposed to separate affairs since it's an ideal time to get together. City Manager Callinan commented that employees just felt they do work full time for the City and credit is deserved stating that commissioners were all introduced at the last affair, but not the employees. Mayor Cochran stated that he has also heard comments in regard to this matter. Councilman Eck recommended that a change of format would be a good idea with more emphasis on employees. Council Member Spiro said it was her understanding that employee recognition was the main reason for this affair and that they failed if results were otherwise. Councilman Hollingsworth shared that he could see no problem with having two dinners stating that we have them for volunteers, so maybe it would be a good idea to have one just for employees. Councilman Hopkins mentioned it has become so big that it was impossible to get around and say hello to everyone, let alone the time element involved in proper recognition. Councilman Eck said it still seemed to him that the affair should be together, that even though the employees are paid and work full time while others are not paid, all still have to interact with each other. He felt there's just a need to turn the emphasis around a little. It was concluded that there's still plenty of time to think about this matter and there should probably be a further survey. R.P. Stadium City Manager Callinan shared comments regarding engineers working on a design to put a roof over the box seats at the Rohnert Park stadium that has been long planned and discussed as the next logical improvement to the stadium. City Engineer Rrust explained the design of the roof structure and the reason why the roof couldn't be tied into the walls is that the back stop fell down and the structure is not strong enough to hold the additional load. The architect said the cost would be approximately $70,000. City Manager Callinan reminded Council that City does have the reserve on the stadium that amounts to $629000 that resulted from the professional baseball team moving away. Rohnert Park City Council Minutes (11) March 14, 1989 Discussion followed regarding pros and cons of having the roof put over the stadium seats at this time. Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, and approved by the following roll call vote, the Council decided to wait and see what takes place on the field this season to be sure that the stadium use merits the expense of a roof over the seats. AYES: (4) Eck, Hollingsworth, Spiro and Cochran NOES: (1) Hopkins Delores Fussy's City Manager Callinan confirmed that the Council was provided with 2nd Lawsuit a copy of the lawsuit which arose out of the citizen's arrest of Mrs. Fussy on July 4, 1987, and that the lawsuit has been referred to RVIIF for handling. Fun After 50 It was noted that Fun After 50 has donated $300 to the Codding $300 Donation Center. An appropriate letter of thanks will be sent to the organization over the Mayor's signature. General Plan Update City Manager Callinan advised that although he did not attend the last Council meeting that he read in the newspaper about the Council members arguing with each.other over the make -up of the General Plan review committee and that he has some concerns with the undertaking and would like the opportunity to express his views after he's discussed the matter with certain staff members. Discussion followed concluding with Mayor Cochran requesting to calendar this matter for next meeting in order to hear a report from the City Manager after he consults with City staff before enacting the General Plan Update Committee. The Council concurred. City Attorney's City Attorney Flitner reported on a filing of court action by Report: qurt V_eale asking the court to direct the City to issue a building � -Veale Lawsuit permit for a billboard on the St. Vincent DePaul property. He indicated that the matter had been referred to the Redwood Empire Municipal Insurance Fund for review to determine whether or not it was covered by our insurance policy. He indicated he would keep the Council briefed on the lawsuit. Rohnert Park City Council Minutes (12 ) March 14, 1989 Conflict of Interest City Attorney Flitner indicated that he had been asked by Council Member Spiro if a conflict of interest would exist that would prohibit voting by a council member if the vote concerned an incoming business with which the council member would be in competition on a business basis. City Attorney Flitner indicated that the answer is generally no. Matters from Council Councilman Eck initiated a discussion concerning a recent letter received from Supervisor Jim Harberson in his capacity as chairman of the Sonoma County Transportation Committee. Bill Adams, resident of Rohnert Park, was recognized saying he was a commuter from the area leaving at 5 :00 a.m. and he would like to encourage use of transit. Adjournment There being no further business, Mayor Cochran adjourned the meeting at approximately 9 :30 p.m. to 4 :00 p.m. on March 28th, 1989. CX .✓ cr Deputy City Clerk Mayor