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1982/03/08 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES March 8, 1982 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 Comnerce.Boulevard, Rohnert Park, with Nice Mayor ,Hop kins presiding. The regular session was preceded by an execut: ve session which commenced at ' 7 :00"pm. and at which all Councilmen, except Mayor Cavalli, and City Manager Callinan and City Attorney Flitner were.present..and.which was held to discuss personnel acid litigation Matters. Call to Order 'Vice Mayor liopkins called the meeting of the regular session to order at approximately 7 :28 p.m. and led the pledge of allegiance. Roll 'Call Presemto, (4) .,Councilmen Hollingsworth, Roberts, Stewart and Hopkins Absent :`' " (] } : Mayor Cavalli Staff present,.for all or:part of the meeting: City Manager'Callinan, City:Engineer Brust, City Attorney ;.: Flitner,'_Finance Director l- letter and Planning Director Skahe -hy Approval of Minutes Upon motion of. Couno; ziTman ;Hollingsworth,`,a.econded.by ' "Roberts;. ;.Councilman and unanimously approved, the minutes of >February 22,,,1982 were approved as submitted. Approval of Bills Upon motion of . Councilman .ilollingsworth,tseconded.by Councilman' Roberts, and unan:'imbusly approved,: the bills presented per the attached list in the amount of $336,660.76 were approved. Non- agendaed'items'' City .Manager Callinan,requested that time be allotted .under .the City Managerts report section of the agenda to discuss an auction agreement for surplus equipment and an agreement with An.dreoli Towing. Scheduled Pdbic 'Miss Louise Robinson, .522 Western Avenue, Petaluma, Appearances referred to a letter regarding the Sonoma .County, A.I.D.E. Program which was previously provided to the Council'. iss'Robinson requested that the Council `..supoort the proposed clinic which is to provide counseling services for teens and families. Discussion followed) It was the concensus of the Council that a meeting be set up with Miss Robinson and the City Manager;and Mayor and /or Vice,Mayor to further discuss the services provided by the'A.I.D.E. clinic. Postal Union Mr Dail Demiglios representative of the National Representative`; Association of Lettier Carriers*,and the postal union addressed the Council on the leash laws in Rohnert Park and the need for stricter enforcement. Mr. Demiglio presented several examples.of incidents in which letter carriers'were`bitten by dogs-, especially the pit bulls , i Councilman Roberts leaves and returns File 0822 -John Montero and Ted Kennedy, precise development plan application for restaurant and cocktail lounge Resolution No. 82-43 Page 2 Parch 8, 1982 in the area. Mr. Demiglio stated that he felt stricter controls should be established and that stiffer penalties should be levied against dog owners not abiding by the lax:is . Mr. Demiglio introduced Mr. Mike Levy, President of the National Association of Letter Carriers, who stated that the letter carriers would like to see some action taken regarding dog attacks. 'Regina Frazier, ,A victim of a pit bull attack, appeared before the Council to give an account of her experience with dog attacks while delivering mail. She stated that A better record keeping system should be established on any known vicious dogs. Discussion followed. It was the concensus of the Council that the City Manager and appropriate staff members follow up on the matter and that the facts be brought back to the Council at the next regular meeting. At this point in the meeting, the time being approximately 8015 p.m., Councilman Roberts left the chambers and returned at approximately 8:20 p.m'. City Manager Callinan stated that he would abstain from this matter as he had previously done. City Attorney Flitner advised that according to the. City Code this matter did not require a decision or public hearing by the City Council because it is a permitted use in a commercial district. Discussion followed. It was the concensus of the Council -'that it would not take action on this matter and that the City Attorney's opinion would be accepted. A RESOLUTION AMENDING RESOLUTION N0; 81 -107, WATER OPERATION RULES AND REGULATIONS REGARDING WATER USAGE RATES FOR WATER SERVICE Resolution No., 81" -44 RESOLUTION AMENDING RATES AND CHARGES FOR SEWAGE DISPOSAL: SERVICE Resolution No-82-45 RESOLUTION AMENDING PATES AND CHARGES FOR GARBAGE SERVICE City Manager Callinan referred to his Council Meeting Memo dated March 3, 1982 and explained the resolutions. Discussion followed. Mr. Howard Boggd, Commerce Boulevard, Rohnert Park, was recognized and spoke to the Council regarding the commer- cial sewerage service rate and how it was based on water usage, quite a bit,of which is used to maintain landscaping. Discussion followed. Page 3 March 3, 1952 David Eck, 7075 Adele, suggested reducing pumping costs and establishing a voluntary conservation program such ,as.. ttip one used during the drought. Rob Carpenter., 5742 Dexter Circle, asked City Engineer Brust for information on the State water report. City Engineer Brust - explained that the report was in draft form and ;hadr.not been finalized as yet. Mr. Carpenter commended the Council on their responsiveness to all inquries:.1 Councilman'Stewart leaves At. approximately 3:410 p.m: Councilman Stewart left the and returns chambers and returned at approximately 8 :43 p.m. .C. ouncilman.H.ollingsworth''inade a motion to accept the increases .but -to have` gu' mmer .and winter rates for water and sewer.service, :` The motion was seconded by Councilman Roberts. Discussion followed. The second and motion were withdrawn. Upon motion of Councilman Stewart, seconded by Councilman and; .una4imozisly ,approved, the reading of Resolutions ,Roberts, os. 52 --43, 82-44 and 82 =45 was waived and said resolutions were adopted. ., Resolution No. 82 -46 RESOLUTION ACCEPTING..GRANT.DEED FROM CODDING ENTERPRISES, INC. FOR REDWOOD.DRIVE,RIGHTOF WAY ''City Manager Callinan explained the resolution. Discussion followed, Upon "motion,of Councilman Hollingsworth, seconded by Councilman Roberts, and unanimously approved, reading =of- Resolution No. 52 -46 was waived and said resolution was adopted. Resolution No.. 52 -47 RESOLUTION OF THE.CITY OF ROHNERT PARK IN SUPPORT OF RELICENSING OF HYDROELECTRIC.PROJECTS TO THE PACIFIC GAS AND ELECTRIC COMPANY .s City Manager Callinan, referring to his Council Meeting Memo dated March 3, 1952, explained the "resolution. Discussion: followed. Resolution No. 8-1- 48 Resolution No. 52-49 Upon motion of Councilman Stewart, seconded by Councilman Hollingsworth, and unanimously approved, reading of Resolution No. 52 -47 was waived and said resolution was. adopted.. RESOL.'TI01: J�1,, TM G PER ACRE rVR DEvE11jvc1 rNT CHIARUC . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING SPECIAL WATER CONNECTION FEE City Manager Callinan explained the Resolutions Nos. 82 -48 and 82-49. He stated that a scheduled public hearing had been duly.noticed by the publication of ,a legal notice, Page 4 March 8, 1982 Vice Mayor Hopkins opened the public hearing on the proposed adjustment of.,the Per Acre for Development Fee and .the Special Water.Connection Fee. Rob Carpenter, 5742 Dexter Circle, questioned the use of the fees and the impact on water usage. There being, no one else desiring to speak and no written communications received,.Vice Mayor Hopkins closed the public hearing. Discussion followed. Upon motion of Councilman Hollingsworth, seconded by Councilman,,Roberts, and unanimously approved, reading of Resolutions Nos. 82 -48 and 82 -49 was waived and said resolutions were adopted. Recess Vice Mayor - Hopkins called a recess at this point in the meeting, the time being approximately 9.00 p.m. Reconvene Vice Mayor Hopkins reconvened the meeting at approximately 9.1.5 p.m. Snyder Lane North, City Manager Callinan referred to his Council Meeting Project No. 1980 -24 Memo dated March 3, 1982 for details concerning the background and progress of this project thus far. Mr. Callinan stated that the Council had been provided with the revised copies of the Engineer's Report and that all deeds had been received or promised for the required rights of way. Mr. Callinan also noted that a new proposal had been submitted by the bond company, copies of which were passed out to the Council. Discussion followed. City Manager Callinan noted that to the agenda list of resolutions presented for the project that another reso- lution should be added to accept an easement deed from Quebec Construction Company. Resolution No. 82 -50 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS Resolution No. 82 -51 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS Resolution No. 82 -52 A RESOLUTION OF AWARD OF CONTRACT Resolution No. 82 -53 A RESOLUTION DESIGNATING COLLECTION OFFICER Resolution No. 82 -54 A RESOLUTION AWARDING SALE OF BONDS AND RESCINDING RESOLUTION NO. 82 -26 Resolution No. 82 -55 RESOLUTION APPROVING AGREEMENT WITH SONOMA COUNTY Resolution No. 82 -56 A RESOLUTION ACCEPTING EASEMENT DEED FROM COTATI- ROHNERT PAPJI SCHOOL DISTRICT Resolution No. 82 -57 ACCEPTING EASEMENT DEED (FROM THE ROHNERTS) Page 5 March 8, 1982 Resolution No. 82 -58 ACCEPTING GRANT. DEED- (FR.OM THE ROH.NERTS) Resolution No. 82 -59 ACCEPTING EASEMENT DEED. FROM QUEBEC CONSTRUCTION, INC. Upon motion of Councilman Hollingsworth, seconded by Councilman Roberts, and unanimously approved, the reading ofR solutions Nos.,.82 -50 through 82 -59 was waived and said resolutions were-adopted. 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,Managgr Call -inan_ stated that he was still working Inclement Weather Policy with staff on the Inclement Weather Policy for the city°s.parks.and would report back to the Council when same was completed, Rulofson /Hydroelectric City,,kTanager.,Call,inan. stated that a letter had been received that day regarding the Rulofson property and the,,quperior California. Hydroelectric permit filing and that, copies. had ;been given to the Council. City Attorney's report: City Attorney Flitner noted that a copy of a draft Santa Rosa Memorial . agreement with Santa-Rosa-Memorial Hospital had previously Hospital Agreement been "provided to;:the:Counctl. Mr. Flitner reviewed the agreement and explained some of the specifics in the agreement and in the deed for the subject property. Discussion followed with Mr. Arthur Crandall, Administrator of the Santa Rosa .Memorial,•Iiospital participating. City Attorney Flitner was. directed to make certain changes in.the agreement and,to return it to the Council for consideration. Bingo Ordinance City.Attorney Flitner referred to his written opinion dated'Harch 4, 1982 regarding the conducting of Bingo games in.the city's buildings by groups or organizations having,no other contact tzith the city and noted that copies of the ipinion had been provided to the Council. It was the conclusion of the City Attorney that,these types of bi.ngg .games..were not authorized by law. Parks and Recreation City Manager Callinan read the names of the applicants Commission Appointment who had expressed interest In serving on the commission to fill the vacancy left by William Jacobi when he was appointed to the, Planning Commission: Tire names of thet .:. 4-S .7 f i 7 r ---- A .. , 661 V.. app��caia �.0 ,were- ,',L -=CZU as 3- .L INIViµ uua`L:Uglia, Joan,K..Hil1, Douglas E, Hopley, Charlotte Krauser, Annette ;Lyons,,,Anthony:Ilarques, J. Bradford Savage, and Ken Scobee'. City Manager Callinan noted that Edgar 0. Little had responded that he could not serve at this time and that Yvonne Sullivan .did not respond as of March 5, 1982. Page 6 March 8, 1932 Each of the interested applicants appeared before the Council and stated their interest and qualifications and why they desired to serve on the commission. After hearing each applicant, Vice Mayor Hopkins announced that paper ballots would be used in voting for the commissioner. Results were as follows: Douglas E. Hopley 3 votes Kenneth Scobee 1 vote Upon motion of Councilman Roberts, seconded by Councilman Hollingsworth, and unanimously approved, Douglas E. Hopley was appointed to fill the vacancy on the Parks and Recreation Commission for a term to expire on June 30, 1982. Cultural Arts C . ommission Vice Mayor Hopkins stated that the vacancy on the Appointment Cultural Arts Commission was for a term to expire on June 30, 1.982 and said vacancy was created by the resignation of George Frazier, Vice Mayor Hopkins read the names of two applicants who had expressed interest as follows: David Mori and Cary Collett. Vice Mayor Hopkins asked if either applicant desired to speak. Mr..David Mori was recognized and informed the Council of.his various involvements in the community and of his interest In serving on the commission. Paper ballots were used for the'Conductingjof the vote with the following results: David Mori. 4 votes (unanimous) Upon motion of Councilman Roberts, seconded by Councilman Stewart, and unanimously approved, David Mori was appointed to the Cultural Arts Commission for a term expiring on June 30, 1982. Matters from Councilmen: Joint Meeting with School City Manager Callinan advised the Council that the Board location of the March 15, 1982 joint meeting with the school board would be changed because Zane's Restaurant has gone out of business and that each Councilman would later be advised of the new location for the meeting. Mechanical Play Devices City Manager Callinan reminded the Council that the adjourned regular meeting to discuss mechanical play devices would be held on March 15, 1982 at noon in the City Offices. Mayors and Councilmenvs City Manager Callinan noted that the Mayors and Council- meeting menv s Assoc iation of Sonoma County meeting was being held on March ll, 1982, that the.guest speaker was senator Barry Keene, and that Rohnert Park was the "host city." Page 7 March 8, 1982 Councilman Stewart leaves. At this point 4n.the meeting the time being approximate' Ranchd:Feliz Mobile Home Park-Fil6,0146 106'-1,4 p.m.:, Councilman 'Stewart left the chambers. ...Councilma•Hollingsvorth requested that the Rancho Feliz :14obi'le Home.Park-conversibn to condominiums matter be brought back before the Council for reconsideration. Dis- cUssion followed. P Upon motion s,of Councilman 11ollingsworth, seconded by -CqiAne..ilman Hopkins, and the fdllowing voice vote, the Rancho Feliz Mobile Home Park conversion to condominium matter will be r6cons-rde—A .1, the Council at a later date, with the condition that ,,all residents of the mobile home :park be notified:as;to''the date and time of the Council meeting. AYES. ­ (2)-. Councilmen Hollingsworth and Hopkins %DOES Councilman Roberts':' Councilman Stewart ­ returns At this time,-appkoximately 10:90 p.m'. Cbtincilman.,Stewart' and Councilman Robert,9_ returned to the:,chambers,dnd Councilman Roberts left . the leaves and returns chambers. Councilman Roberts returned at approximately 1Q o.21 p o :m.. Equipment Auction City Manager, Callinan Pvass6d out of an agreement Auction Company and explained the procedures regarding, the.:sale, of surplus City equipment. Discussion followed. Council.-•concurred that.said agreement be executed and authorized;the :City Manager to so do. Resolution'No. 82-60 RESOLUTIONAPPROVING T014 SERVICE AGREEMENT City Manager Callinan explained that the Park Plaza station was no-1origer towing and 'that a replacement was needed for them. He noted hint Andreoli Towing had been recommended fo-k'`this service. Upon motion of Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved,. reading 0 of Resolution Na. 82-60 was waived and said resolution :was; adopted. Unscheduled Public Jack Behl was recognized and spoke regarding the John Appearances Montero application for the restaurant/cocktail lounge and read a statement on a petition which was circulated among residents of Rohnert Park and Cotati regarding same. Erleen Bumgardner, 8528 Liman way, asked the Council if citizens can do anything to control the types of businesses coming into Rohnert Park. Councilman Hollingsworth leaves and returns Page B March g, 1982 Mike Elliott, 7795 Santa Barbara Drive, spoke regarding the. Montero application.and stated that he was against the project and asked the City Attorney his definition of cafes and nightclubs. City Attorney explained same. Dale McCarty, 579 Anson Avenue, spoke on behalf of the Citizens for Community Choice and stated their concerns with the water supply and suggested the establishing of a voluntary citizen.conservation program. Linda Lake, 5025 Beverly Drive, speaking on behalf of the Citizens for Community Choice, stated their concerns with toxic spills and wastes and their relationship to the proposed Hewlett Packard Project. Laura Zelmachild, 22 Anne Street, spoke of her previous ex- periences.of child bearing and the effects of chemicals. Councilman Hollingsworth left the chambers at approximately " 10:59 p.m. and returned at approximately 11 :02 p.m. James Bergeson, representative of the National Council on Alcoholism, expressed his thoughts on the establishment of programs within the city relating to problems with alcohol. .11r. Bergeson also thanked the Council and the City Manager for their efforts in studying the bingo issue. David Eck, 7075 Adele Avenue, stated his concerns regarding water. He suggested a report be prepared ,y the staff and State representatives to be made public and,that the city should comment on the recent newspaper articles regarding Rohnert Park's mater supply. There being no further business the meeting was adjourned at approximately 11 :15 p.m. to a regular adjourned meeting to be held on March 15, 195:2 at noon in the jCit, Offices.