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1992/10/13 City Council MinutesRohnert Park City Council Minutes October 13, 1992 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Spiro presiding. CALL TO ORDER Mayor Spiro called the regular session to order at approximately 6:44 p.m. and led the pledge of allegiance. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters and personnel matters. She said no action was taken and there was nothing to report at this time. ROLL CALL Present: (4) Councilmembers Eck, Hopkins, Reilly, and Mayor Spiro Absent: (1) Councilmember Hollingsworth (Out of town on City business attending League of California Cities Conference in Los Angeles) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy and Director of Public Works /City Engineer Brust. Approval of Minutes Upon motion by Counc i lmember Hopkins, seconded by Councilmember Reilly, the minutes of September 22, 1992 (for both the regular City Council meeting and the preceding budget work session) were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hopkins, seconded by Council - member Reilly, the bills presented per the attached list in the amount of $1,373,215.41 were unanimously approved. Non - agendaed Mayor Spiro queried if any Councilmember had any non - agendaed Matters items to add to the agenda. Councilman Eck said he had two miscellaneous items to add of which one was the same as Councilman Reilly desired to add. City Manager Netter said he had three items to add under the City Manager's report. Unscheduled Public Mayor Spiro stated that in compliance with State Law (The Appearances Brown Act), anyone in the audience who wished to make a comment may do so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. Rohnert Park City Council Minutes (2) October 13, 1992 Reba Roberts, City Publicist, 4745 Fairway Drive, referenced art work on display which was the original painting of the cover for the City's Annual Report. She described the painting representing the City of Rohnert Park's 30th Anniversary with 30 candles on the top layer of the large anniversary cake, the second layer with Roberts Lake at the Red Lion Inn and a ballerina signifying the cultural arts, and the third layer with a variety of sports. She said there would be a banner across the top of the cover specifying City of Rohnert Park Annual Report 1991 -92 with the words "We're really something at 30" across the bottom. Ms. Roberts said the Annual Report goes to print this Friday, October 16th, and explained the artist's offer to sell the painting to the City for $750 plus matting and framing at approximately $100 to $150. She responded to various Council questions and said the painting would not be available for review for at least three weeks after the Annual Report goes to the printer this coming Friday. Discussion followed during which Council complimented the striking work of art and commented on the possibility that the Cultural Arts Corporation might be interested in purchasing the painting. Council concurred to place this item on the Council agenda following response from the Cultural Arts Corporation regarding same. C O N S E N T C A L E N D A R Mayor Spiro queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING No. 92 -159 CLAIM OF CARL KARLSSON c/o LAW OFFICES OF JAMES P. COLLINS (re. Alleged Traffic Collision in San Francisco) Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -160 AUTHORIZING AND APPROVING AGREEMENT WITH THE COUNTY OF SONONA FOR THE CONDUCT OF KNICIPAL ELECTIONS Resolution A RESOLUTION APPROVING AND AUTHORIZING QUIT CLAIM DEED FOR WELL SITE No. 92 -161 AND PUBLIC UTILITY EASEMENT Resolution A RESOLUTION ACCEPTING GRANT DEED FOR WELL SITE FROM CODDING No. 92 -162 ENTERPRISES Resolution A RESOLUTION ACCEPTING EASEMENT GRANT DEED FOR WATERLINE AND ACCESS No. 92 -163 EASEMEMI'S TO SERVE THE CITY WELL SITE FROM CODDING ENTERPRISES Resolution A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING No. 92 -164 AND APPROVING AN AGREEMENT IN SETTLEIM AND COMPROMISE OF LITIGATION AND MiJTUAL RELEASE OF ALL CLAIMS (Roberts vs. City of Rohnert Park) Approval of improvements and authorizing expenditures for cart path improvements at No. 1 tee at north golf course. Rohnert Park City Council Minutes (3) October 13, 1992 Approval of Parcel Map No. 146 and accepting dedication on Codding Enterprises (4 lot) commercial subdivision on 15.81 acres located in vicinity of the Rohnert Park Expressway Mall, south of Food 4 Less, Price Club and Target stores (for public utility easements) Approval of Parcel Map No. 147 and accepting dedication on Codding Enterprises (3 lot) commercial subdivision on 4.54 acres located on parcel north of Wal Mart on Redwood Drive (for well site). Upon motion by Councilm n-ber Hopkins, seconded by Councilmember Eck, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Resolution No. 92 -165 A RESOLUTION AWARDING CONTRACT (TRIMMING AND REM3VAL OF VARIOUS TREES) City Manager Netter explained the resolution as reviewed in the Council Meeting Memo. He said copies were provided to Council of memorandum dated September 29, 1992 from City Attorney Flitner responding to legal concerns expressed at the previous Council meeting regarding the formal withdrawal of the lowest bidder, Kevin Hagstrom & Sons, for tree trimming services due to the estimator's failure to calculate traffic control people. Based on City Attorney com ents and to avoid any precedence setting, staff recommends awarding the tree trimming contract to the lowest bidder, Kevin Hagstrom & Sons. Discussion followed. Upon motion by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, reading of Resolution No. 92 -165 was waived and said resolution was adopted. Mobile Home Rent Appeals Board matter: City Manager Netter referenced copies provided to Council of letter dated September 27, 1992 from Glenn S. Foley regarding his resignation from the Mbb i 1 e Home Rent Appea 1 s Board due to the demands of a new job and shared comments as reviewed in the Council Meeting Mena. He advised that Mr. Foley was appointed by Councilman. Hopkins. Councilman Hopkins said it was his intention to make the new appointment to the Rent Appeals Board at the next Council meeting. A motion was made by Councilman Eck, seconded by Councilman Reilly, and unanimously approved, to accept Glenn Foley's resignation from the Mobile Home Rent Appeals Board as submitted. Bingo Games City Manager Netter said copies were provided to Council of staff report dated September 28, 1992 regarding Bingo Restrictions in Other Cities/Restrictions on Number of Games Per Week. W. Netter reviewed information provided at the previous Council meeting and said that various meetings were held in an attempt to resolve the issues including a Council Committee meeting with Councilmen Eck and Hopkins. Based on re- evaluation of the City ordinance, it was concluded that the bingo ordinance does not specifically restrict an organization from operating additional nights or same nights as other operators. Rohnert Park City Council Minutes (4) October 13, 1992 Therefore, the City notified PAL that they could continue to operate on Tuesday nights, but that the City council may be considering further regulations, which is now being discussed. City Manager Netter said he attended an extensive meeting last Tuesday with twenty -six PAL Board Members wherein numerous frustrations were expressed by PAL Board Members. W. Netter reviewed the list attached to the above - referenced staff report entitled Summary of Cities Surveyed with Restrictions on Number of Games Per Week and shared contents of the staff report explaining reasons for restrictions which included to combat abuses that have occurred in some high dollar bingo operations and to prevent monopolies. He said in discussion with El Rancho Lions, Soroptomists and PAL representatives, a possible solution would be to have PAL lower its minimum prize to $50 and El Rancho retain its minimum prize at $50. This may allow for the smaller operators to retain sufficient players to successfully operate on Tuesday nights. This system could be used for a trial period of 3 - 4 months then, if not successful, the Council could consider other means. Council Committee Member Hopkins said he and Council Committee Number Eck realize there is a tremendous amount of frustration involved with this issue and the only legislative thing to do might be to restrict the number of days per week for any one operator. However, prior to having official public hearings regarding the matter, Council Committee would like to have a meeting with the bingo organizations that would be open to the public in an attempt to satisfactorily resolve the problems pertaining to number of days for bingo games and non - smoking games without legislative action. Discussion followed. City Manager Netter said the second issue relative to this matter was parking arrangements with PAL. In the past, the City allowed PAL to use the lot West of its site with the understanding that the use of that lot was a temporary measure until the new Public Safety Facility was constructed. Mr. Netter further reviewed past parking arrangements with PAL and explained the continued temporary use condition. He pointed out that there are approximately 53 parking spaces at the PAL location and according to square footage requirements 112 spaces are needed. Planning Director Skanchy reviewed details of the original application from PAL in May of 1985 related to the conflict of parking problems at the Raley's Town Center. He said arrangements were made at the City Hall Drive location for a split use for parking with 75% for PAL and 25% for the church. PAL had commented during discussions that this was only going to be a temporary location for its organization because the design Was not compatible for its needs as well as acknowledgment of the future City Hall site. The use permit was not temporary, but implied as such. City Manager Netter indicated that he received a letter from PAL today stating that the parking issue is of importance and that a meeting will be held on November 10, 1992 to decide what to do on the parking issue. PAL has invited City representatives to the meeting. City Manager Netter said the third bingo issue pertained to audits relating to charitable funds. He said this issue and the parking matter should be kept separate from the public discussions attempting to resolve number of days for bingo games and non - smoking games, if at all possible. Each of these are separate issues and should not be co- Rohnert Park City Council Minutes (5) October 13, 1992 mingled. Council Committee Member Eck said separation of these issues might be hard to keep since the items are so inter - related. Council concluded agreement that there was a lot to gain by proceeding with the aforementioned bingo meetings and not rushing into official public hearings for the bingo matter and /or pursuing legislative action at this time. Council Committee Member Hopkins acknowledged he would attend the meeting regarding the parking issue with City Manager and PAL Board Members. Sandy Mottard, 7259 Adrian, Representative for Soroptomists, said they were going to try and meet in two weeks and would appreciate the City letting them know ahead of time when the above- referenced bingo meeting will be called. They would need sufficient time to get the paper work done and round up volunteers involved for the effort. Council Committee Member Eck responded that he and Council Committee Member Hopkins would be setting a date as soon as possible and bingo operators would be duly noticed promptly. Rohnert Park Chamber of Comnerce matters: 1) Resol.No. A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK 92 -166 APPROVING A4MDMQE NO. 1 TO THE AGREEMJT WITH THE ROHNERT PARK CHAMBER OF CONVERCE City Manager Netter explained the resolution for consideration as reviewed in the Council Meeting Memo regarding the Rohnert Park Chamber of Commerce Agreement. This agreement has been amended due to the overall economic conditions of the City. Two objectives of the amendment are as follows: 1) develop a program whereby the Chamber would become more independent over the long term; and 2) assurance that the Chamber will continue the program of Holiday Lights along the Rohnert Park Expressway. Upon motion by Councilman. Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -166 was waived and said resolution was adopted. 2) Holiday City Manager Netter referenced copies provided to Council of two Lights options for flyer samples for consideration of a program whereby the City would coordinate a one dollar contribution , the City utility bills, as allowed in the above - reviewed Chaber Agreement, as an effort to help offset the cost of the Holiday Lights. Discussion followed during which Council concurred preference to Flyer Option 2 and agreed it could be mailed with the City utility bills as well as individually distributed. Resolution A RESOLUTION APPROVING A LEASE AGREEMJT WITH THE BOYS AND GIRLS CLUB No. 92 -167 OF ROHNERT PARK FOR THE USE OF THE SOUIHWEST BOULEVARD PUBLIC SAFETY BUILDING FOR A BOYS AND GIRLS CLUB City Manager Netter explained the resolution as reviewed in the Council Meeting Memo. He introduced Boys and Girls Club Representatives Jan White and Buck Oates who are on the Boys /Girls Club Board of Directors. Rohnert Park City Council Minutes (6) October 13, 1992 Mayor Spiro referred to an item listed on tonight's Council Communications from Family Service Agency regarding the selection of 1992 "Single Parents of the Year" and said she would like to announce that the Youth Committee, on which the Mayor is a member, has nominated Jan White for the referenced honor. Mayor Spiro said Jan White was not yet aware of this and she wanted to take the opportunity at this time to let her know about the nomination. Councilman Hopkins leaves - Councilman Hopkins left the Chamber at approximately 7:30 p.m. Founders Days. Assoc. /Crane Melon Festival events for 1993 - City Manager Netter shared comments reviewed in the Council Meeting Mamo pertaining to Founders Days Assoc. and Crane Melon events for 1993. In the past, these events have both been held in the month of September. Discussions with Founders Day representatives have included consideration of a proposal to move Founders Day to the 4th of July with a Saturday and Sunday "Picnic in the Park" at "A" Park followed by an evening Fireworks Celebration. This proposal would probably prohibit the usual parade since there are several parades on 4th of July weekend and it would be difficult for Rohnert Park to secure participants for a parade on that date. Comments were made during a meeting with the two groups regarding the possibility of holding the Founders Day parade as a prelude to the Crane Melon Festival, however, there is hesitation on both parts on the naming of the parade. Councilman Hopkins returns - Councilman Hopkins returned to the chamber at approximately 7:33 p.m. Discussion followed during which Councilman Eck said he was the Liaison for the Founders Days /Crane Melon matter and recalled complexities of previous discussions pertaining to scheduling of the unrelated events. He said he would like to attend further meetings regarding this matter as it would be helpful to have a Councilmember there and he would like to hear the options first hand. Councilman Reilly said a 4th of July parade might make a good small town parade and the community might prefer this to participating in the larger events throughout the area. He suggested leaving the 4th of July parade option open. City Manager confirmed another meeting would be called with the two organizations and Council Liaison Member Eck. City Manager Netter referenced copies provided to Council of Founders' Day Assoc. balance sheet as of 9/30/92 and said Lew Kuehm was present at tonight's meeting to review same. Lewis Kuehm, President of Founders' Day Association, shared contents of above - referenced balance sheet and explained the shortage of approximately $1,000. He said he was here tonight to request the City's help to front funds needed to cover the shortage and advance sufficient funds to proceed with next year's Founders' Days program as it has done in the past. W. Kuehm said they try to be very realistic in presenting actual figures for projected costs. Founders Day Assoc. had requested Rohnert Park City Council Minutes (7) October 13, 1992 $7,000 for last year's program which was cut back to $5,000 which resulted in the obvious shortage. He responded to Council inquiry that start up funds should actually be more than $1,000. A motion was made by Councilman Hopkins, seconded by Councilman Eck, to approve sufficient funds to Founders' Day Assoc. to cover the shortage of last year and provide start up funds for next year. Discussion followed during which Mr. Kuehm responded to various Council questions regarding details of last year's budget as presented and said he did not have actual figures in hand for next year's program. Councilman Hopkins withdrew his original motion and made a motion to place the Founders' Day Assoc. funding request on the next Council agenda with actual amount of request established. Councilman Eck withdrew his second to the original motion and seconded this motion. Said motion was unanimously approved. Sonoma County Wineries Association: City Manager Netter said copies were provided to Council of letter dated September 18, 1992 from Linda Johnson, Executive Director of Sonoma County Wineries Association regarding an update on Wine Center activities as reviewed in the Council Maeting Memo. He introduced Linda Johnson who responded to various Council questions regarding same. She said the Wine Center has signed an agreement with the San Francisco Culinary Academy for programs and is also doing SCAMP and marketing programs for the Center, including other programs that are not wine related. Discussion followed. City Manager Netter advised for informational purposes that today he had signed a Certificate of Acknowledgment (Memorandum of Lease) pertaining to the financing program of the Center. This procedure is a provision of the lease and establishes notice that a lease is held on the Wine Center site. The doculment will be recorded at the Sonoma County Recorders Office this Friday, October 16, 1992. Mobile Home Park Purchase Program (i.e. City of Capitola model): City Manager Netter said copies were provided to Council of his memo dated October 9, 1992 regarding Mobile Home Park Purchase Program, i.e. Capitola Model (Survey of Park Owners). Mr. Netter shared contents therein regarding responses to contact with mobile home park owners to see if they were interested in a program similar to the Capitola model. Mr. Joel Heath, owner of Valley Village, indicated interest in selling his park depending upon the price; Mr. Skip Green, owner of Rancho Grande, indicated he was not interested in selling his park; Mr. Jim Goldstein, owner of Rancho Verde, said he is not looking to sell his park, but would keep an open mind and was willing to further discuss the possibility; Mr. Dick Bessire, General Manager of Las Casitas indicated that he did not think the owner, Ione Sim, was interested in selling the park, but would discuss the possibility with the owner and check back with the City i f the interest is otherwise. Discussion followed. It was concluded that Council Committee Members Eck and Reilly would meet with Rancho Verde owner, Jim Goldstein, regarding this matter on November 2, 1992 following a Rent Appeals Board hearing on that date. Another meeting would be scheduled for the Council Committee to meet with Valley Village owner, Joel Heath. Rohnert Park City Council Minutes (8) October 13, 1992 Water/Wastewater Conservation Retrofit Program: Director of Public Works /City Engineer Brust referenced copies provided to Council of staff report dated October 6, 1992 regarding Project No. 1991 -13 Water/Wastewater Conservation Retrofit Program and reviewed contents therein. He said the Water Usage Comparison table shows a savings achieved of 32 gallons per person per day which is somewhat better than the originally estimated 20 gallons per person per day. Mr. Brust said he recently authorized an additional 500 toilet retrofits and 400 showerheads in order to keep the momentum of the project moving, which brings the first phase of the project up to a total installation of 3100 toilet retrofits and 1530 showerheads. Based on the savings shown to date, City Engineer Brust recommended authorizing an additional 2000 toilet retrofits (approx. 1000 residential units) and 1200 showerheads. City Manager Netter and City Engineer Brust responded to various Council questions regarding this matter. Upon motion by Councilman Hopkins, seconded by Councilman. Eck, and unanimously approved, reading of Resolution Nos. 92 -168 and 92 -169 were waived and said resolutions were consecutively adopted. DUI Billing Review: City Manager Netter referenced copies provided to Council of staff report from Accountant /Auditor Angela Fogle dated September 21, 1992 regarding DUI Billing and Collection and shared contents therein as reviewed in the Council Meeting Memo. The amount of DUI billings collected in full since the DUI Cost Recovery Ordinance became effective April 12, 1990 is $24,258, or 31% of the amount billed to date. An additional $10,849 is being collected through payment plans A motion was made by Councilman. Eck, seconded by Councilman Reilly, and unanimously approved, to ratify the 500 toilet retrofits and 400 showerheads and approve the additional 2000 toilet retrofits and 1200 showerheads for the Water/Wastewater Conservation Retrofit Program as recommended by staff. Street Light Purchase Program: City Manager Netter referenced copies provided to Council of staff report from Finance Director Harrow dated September 17, 1992 suimiarizing the status of the proposed purchase of P G & E street lights. He shared contents therein as reviewed in the Council Meeting Memo and responded to various Council questions regarding same. City Manager Netter said staff recommends hiring the two professionals via the resolutions provided for Council's consideration on a time and materials basis to start the proceedings of the purchase of Rohnert Park's street lighting system. The interest rates are the lowest in 25 years and the City will save approximately $40,000 to $70,000 annually (annualized over a 25 year period). Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A No. 92 -168 LEGAL SERVICES AGREEMM WITH DONALD H. MAYNOR, A PROFESSIONAL LAW CORPORATION RE: PURCHASE OF STREET LIGHTS FROM PG&E Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN No. 92 -169 AGREEME FOR CONSULTING SERVICES WITH RUSSELL L. HAMM, MANAGEMrM CONSULTANT RE: PURCHASE OF STREET LIGHTS FROM PG&E Upon motion by Councilman Hopkins, seconded by Councilman. Eck, and unanimously approved, reading of Resolution Nos. 92 -168 and 92 -169 were waived and said resolutions were consecutively adopted. DUI Billing Review: City Manager Netter referenced copies provided to Council of staff report from Accountant /Auditor Angela Fogle dated September 21, 1992 regarding DUI Billing and Collection and shared contents therein as reviewed in the Council Meeting Memo. The amount of DUI billings collected in full since the DUI Cost Recovery Ordinance became effective April 12, 1990 is $24,258, or 31% of the amount billed to date. An additional $10,849 is being collected through payment plans Rohnert Park City Council Minutes (9) October 13, 1992 for a total of $35,107 collected representing a collection percentage rate of 45 %. City Manager Netter said this collection rate seems reasonably cost effective and therefore staff recommends continuing the DUI Cost Recovery Program. Discussion followed during which City Manager Netter responded to various Council questions regarding this matter. Council concurred to continue the DUI billing procedure. Betty Fredericks, 6950 ComTerce Blvd., asked where the DUI funds go when collected. Mayor Spiro responded that such funds would be used to help cover costs incurred by the Department of Public Safety. Golf Course Committee report: City Manager Netter reported on changes being made in the management at Mountain Shadows Golf Courses. He said Jack Anderson has tendered his resignation as General Manager and Mike Naroth, Maintenance Manager is also resigning. Dan Ross will be acting Manager for the interim. Sam Singh will be taking over the maintenance as the decision has been made to down -size, so that position will be eliminated. City Manager Netter pointed out that Council Liaison Member Hollingsworth was especially concerned about this and said a six month period of observation should be given to evaluate the maintenance of the course under Singh's direction. City Manager Netter informed Council that at the suggestion of Vice Mayor Hollingsworth, the area north of #1 green (North Course) could be added to Roberts Lake Park as additional open space area to replace the area used by the Wine & Visitors Center. Possibly a portion of the area could be used as a Japanese garden. With Council's approval, he would send a request to American Golf Course to have this area removed from the lease. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, authorizing the City Manager to institute discussions with American Golf Course pertaining to the proposal regarding the land area north of #1 green to be added to Roberts Lake Park as additional open space lands and possible location for a Japanese garden area as recommended by staff. ABAG Platform on Growth Management: City Manager Netter said copies were provided to Council of letter dated September 28, 1992 with attachments from Association of Bay Area Governments (ABAG) regarding Platform on Growth Management to be finalized at the General Assembly Meeting on October 29, 1992 in Burlingame. Discussion followed during which it was confirmed that Councilman Hopkins would be attending said ABAG meeting and would represent Council concerns as previously concluded. RECESS Mayor Spiro declared a recess at approximately 8:15 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 8:25 p.m. with all Councilmembers present except for Councilman Hollingsworth. Rohnert Park Expressway Interchange Improvements: Director of Public Works /City Engineer Brust referenced plans on display and explained proposed Rohnert Park Expressway Interchange improvements. He responded to various Council questions regarding ramp configurations and options considered, cost comparatives, and Rohnert Park City Council Minutes (10) October 13, 1992 vehicle stacking solutions at intersections. Comparison was made to funding efforts for the Wilfred Avenue project whereby Cal Trans Commission (CTC) turned it down. Frustrations were expressed relating to such projects that should be funded by the State. Discussion continued with comments on the costs and the possibility of only doing the loop without expanding the lanes. Director of Public Works Brust said the widening would be necessary along with the loop for maxim= efficency of traffic flows. He said at this point the traffic flows at Commerce and the Rohnert Park Expressway is the critical point and this proposal would improve the traffic flows substantially and is an inportant project to address the traffic needs. He also commented that there is little hope for funding from the State. Cable Television: City Manager Netter referenced copies of several items pertaining to cable television provided to Council as follows: San Francisco Chronicle article dated October 4, 1992 regarding provisions of Cable Bill; letter dated October 9, 1992 from Attorney Robert J. Sehr, Jr. regarding Cable Television Consumer Protection and Competition Act of 1992; and fax letter received today, October 13, 1992, from MiltiVision with attached update from their legal advisors on the 1992 Cable Re -Reg Bill explaining that it is still sketchy as the FCC has mach work to do in developing rules. City Manager Netter shared comments as reviewed in the Council Meeting Memo relating to provisions of a new cable bill and impacts on Rohnert Park franchise agreement with M.iltiVision. He said FCC has approximately six months to put a program together. FCC apparently has direct control in developing procedures for regulating the basic tier. Basically, what is in the law has already been done in the City's existing franchise agreement with MxltiVision, even though any new federal regulations would supersede language in the existing franchise. At this point, it is hard to tell whether the new legislation will be a benefit to the consumer. Only time will tell, especially following the FCC's six month review period. Sonoma County Agricultural Preservation and Open Space District: City Manager Netter shared comments as reviewed in the Council Meeting Memo and said copies were provided to Council of various items relating to Sonoma County Open Space District as follows: 1) Final Draft of the Acquisition Plan with notice letter dated September 28, 1992 that Open Space District has scheduled a public hearing on October 20, 1992 at 2:15 p.m. in Room 102A, 575 Administration Drive, Santa Rosa, to consider the final adoption of the Acquisition Plan. 2) Memo dated October 8, 1992 from Councilman David Eck (one of the members appointed by the Mayors' & Councilmembers' Association to represent the cities in this matter) regarding "Triple Use Plan" (copy attached to original set of these minutes) with his comments relating to the wastewater discharge proposals and the potential for anent open space on Rohnert Park borders. 3) Letter dated October 9, 1992 from Quaker Hill Development Corporation, with coinciding map on display, regarding opposition to the inclusion of their referenced land west of Petaluma Hill Road and requesting the City's support that no decision on the area around Rohnert Park be made until after the City Council considers the current General Plan update. Rohnert Park City Council Minutes (11) October 13, 1992 Councilman Eck shared contents of his above - referenced memo and explained the priorities as signified on the attached color -coded map. He responded to various Council questions regarding same. Discussion followed during which comparisons were made of the color - coded sections to surrounding areas with questions raised regarding same. Concerns were expressed regarding the establishment of boundaries and coinciding positive or negative affect on Rohnert Park and surrounding areas. Councilman Eck confirmed the goal for the first priority is to get the referenced land acquired (red area on the map signifying land on which some urbanization has been tentatively proposed) and acquire com mity separators by the City of Rohnert Park and the City of Santa Rosa. Comparisons were made regarding the priorities whereby Councilman Hopkins said the red space to the north of Rohnert Park and to the east of Highway 101 should be given category #1 priority and the red to the west of Highway 101 should be placed in category #2. Councilman Eck said he did not support taking out all the west side and explained that his priority #1 picks up the little vernal pool area and the area to the west. Councilman Hopkins pointed out that it takes all that area to provide a buffer. City Manager Netter pointed out that 22 acres adjacent to the Home Depot is in conflict right now as it is in the Conn-unity Separator, yet it is in the City's Sphere of Influence that will be eventually scheduled for future development. Councilman Eck confirmed he could live with the recommendations as reviewed as long as the referenced west area is left as priority #2. He said he understood what Council is saying and has a clear idea of Council's desires regarding this matter. It was noted that the Open Space District map follows the County's General Plan Map. Mayor Spiro said she would be able to attend the above- referenced Open Space District public hearing on October 20th at 2:15 p.m. Councilman Eck said his work schedule would prevent him from attending the hearing, but he would be meeting with the Open Space District this Thursday and planned to relay Council's proposal at that time. In response to above- referenced letter from Quaker Hill Development Corporation, Councilman Hopkins said he was interested in revising the red area (priority #1 area) specified on the map. Councilman. Eck said, if the we do a General Master Plan, it will have priority. 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. 1) City Manager Netter referenced item No. 4 on Commmications from State Department of Finance regarding the formal document pertaining to state funding reductions determined for redevelopment agencies. It requires the ConTunity Development Agency to pay $538,000 to the State by May 10, 1993. If the money is not available, then the County Auditor is authorized to take the $538,000 from the City's property tax allocations, i.e. City's General Fund. City Manager Netter warned the Council that this is only a beginning and that next year another "hit" on Redevelopment funds can be anticipated. He cautioned the Council regarding CDA unspent project funds and suggested that these funds should not be spent in anticipation of next year's hit. Otherwise, the hit will impact the City's General Fund. Rohnert Park City Council Minutes (12) October 13, 1992 2) City Manager Netter referenced item No. 7 on Comninications from Double Decker Corporation and brought to Council's attention their request for the record to have a card room in Rohnert Park at Double Decker Lanes on Golf Course Drive. 3) City Manager Netter referenced item No. 23 on CommAiications from Family Service Agency regarding selection of 1992 "Single Parents of the Year" which was reviewed earlier during tonight's meeting with Mayor Spiro's announcement of the Youth Committee's nomination of Jan White. City Manager's Report: 1) Pine Creek Properties letter re. interest on note - City Manager Netter referenced copies provided to Council of letter dated September 22, 1992 from Pine Creek Properties advising to forego interest from the City in lieu of past services relating to assistance with bond financing. 2) Building Allocation Plan - City Manager Netter distributed to Council copies of City of Rohnert Park Residential Construction, 1988 through 1992, and City of Rohnert Park Proposed Building Permit Allocations and reviewed contents therein. He explained that the previous allocation plan approved in September 1992 had not shown the 119 units for Hewlett Packard as these units were moved to the "Thereafter Column" because staff did not think Hewlett Packard would be developing residential units in 1992. The 119 units were last shown on the previous Building Permit Allocations approved by Council on April 10, 1990. The 119 units were the leftover allocations assigned to the Hewlett Packard residential land in prior building allocation programs that had been carried forward for a number of years. Then in September 1992, staff submitted a new building allotment plan that included Windsong Project for 136 unit approval without bringing to the City Council's attention the 119 unit shift to the "Thereafter" column, and without discussing the matter with Hewlett Packard representatives. City Manager Netter and Director of Public Works /City Engineer Brust responded to various Council questions regarding this matter. Discussion followed during which Council comments confirmed that Hewlett Packard had announced intentions of selling land at a General Plan meeting and, even though there has been no direct follow up on these intentions since the announcement at the General Plan meeting, it was assumed that the City of Rohnert Park has some kind of minimal obligation to Hewlett Packard, or its successors, to provide services in a reasonable amount of time, if available. City Engineer Brust responded to Council inquiry that the allocation figures needed to be recalculated and if that was not sufficient, enough of the retrofit program could be used to provide for the above- referenced 119 units in the 1993 program, if an official request is presented to the City from Hewlett Packard. Reference was made to other allocation requests that had to be turned down over the past four years with conclusion that it is still premature to be asking for allocations. Council concurred to table this matter until further consideration becomes necessary. Rohnert Park City Council Minutes (13) October 13, 1992 Mary Stewart, 578 Lorraine Court, said she was Mayor at the time Hewlett Packard was developed and disagreed with Council comments that Hewlett Packard is not in the business of development and could not be expected to understand building allocations. She did not think apologies were in order because of use of the above - referenced allocations since proposed allocations have to be utilized as needed for actual projects. Any developer knows future intentions cannot put a hold on submitted priorities. Hewlett Packard is, in fact, in the business of development and has big holdings for retirement plans, etc. Ms. Stewart expressed concern that Hewlett Packard did not live up to very many of its promises on the referenced land, as it was promised that they would construct seven buildings when only two have been completed on that land that would support the City's tax base. She asked what happens to the reduction in those tax revenues. Since Hewlett Packard came in with plans and did not live up to them, at this point in time, it is a problem for the retirement plan and there should be no priority given to Hewlett Packard by the City. Ms. Stewart said it is not a City problem. 3) Brown Act revisions - City Manager Netter referenced copies provided to Council of Press Democrat article dated October 3, 1992 entitled "Brown Act provisions suspended for a year" and SB 1977, Bergeson, information notice regarding same as signed by Governor Wilson. Discussion followed. A motion was made by Councilman Eck, seconded by Councilman Reilly, that the City continue to operate under the Brown Act, and approved by the following vote: AYES: (3) Councilman Eck, Reilly and Mayor Spiro NOES: (1) Councilman Hopkins ABSENT: (1) Councilman Hollingsworth Councilman Hopkins said he felt people overreact to the Brown Act and did not feel that all the stipulations contained therein were necessary. 4) Community Garden - City Manager Netter advised that staff is working with Walt Buster, Superintendent of Schools, on an acreage on Snyder Lane for the Community Garden. As soon as details are worked out, the garden can be removed from the current site. 5) City events sign - City Manager Netter explained that the City events sign that was on the front lawn at City Hall is now gone. It has been moved to the Performing Arts Center which should prove beneficial. 6) Fall Community Cleanup - City Manager Netter said the Fall Com unity Cleanup will be held at the Stadium again from 8:00 a.m. to 6:00 p.m. on November 6, 7, 8 and November 13, 14 and 15, 1992. 7) City appreciation affair - City manager Netter said arrangements are in process for a single City appreciation affair this year on the second or third weekend in January at the Red Lion Inn. Rohnert Park City Council Minutes (14) October 13, 1992 8) PRIMA Conference - City Manager Netter said, as President of Redwood Empire Municipal Insurance Fund ( REMIF), that he would be leaving tomorrow morning for the PRIMA Conference scheduled in Newport, Rhode Island from October 14 through 16, 1992. 9) REMIF refund - City Manager Netter referenced copies provided to Council of letter dated September 21, 1992 from REMIF regarding Liability Fund Surplus and shared contents therein pertaining to the City of Rohnert Park's portion refunded in the amount of approximately $2831000. Mr. Netter respond to Council inquiry that this had not been computed into the recent budget projections. He said staff recommends putting the funds back into the Liability Fund since it has been the practice of the City to place refunds back into reserve accounts from which they came. Council agreed. 10) City Manager Netter said the recent Mayors' and Councilmembers' Committee alternate appointment to LAFCO was Nancy Read. City Attorney's Report: 1) City Attorney Flitner referenced copies provided to Council of Memorandum dated September 22, 1992 from Attorney Craig Labadie regarding request for Amicus Participation in Kawaoka vs. City of Arroyo Grande whereby the Legal Advocacy Committee of the City Attorneys Department of the League of California Cities has determined that the case merits participation as amicus curiae. Mr. Flitner shared contents therein explaining that the amicus brief will focus on the question of whether a city can validly impose a requirement to prepare a specific plan as a precondition to developmnt, even if the city has not formally adopted procedures for processing specific plan application. An adverse ruling on this issue would have broad impact on cities because it would inhibit the use of an important planning tool. City Attorney Flitner recommended joining this amicus brief. A motion was made by Councilman Hopkins, seconded by Mayor Spiro, and unanimously approved, to join the amicus brief pertaining to Kawaoka vs. City of Arroyo Grande as requested. 2) City Attorney Flitner referenced copies provided to Council of letter dated September 30, 1992 from City of San Diego requesting Amicus Participation in City of San Jose vs. Superior Court, Michael B., Real Party in Interest. Mr. Flitner shared contents therein pertaining to the defense mechanism in this particular juvenile case whereby the police officer's records were unjustly exposed and the City in question feels this is an invasion of privacy. City Attorney Flitner recommended joining this amicus brief. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to join the amicus brief pertaining to the City of San Jose vs. Superior Court, Michael B., Real Party in Interest as requested. 3) City Attorney Flitner said in today's mail he received a request from Lompoc for the City to join in an amicus brief relating to CEQA and whether the electorate should have a public hearing. Mr. Flitner said the case was approved and is being appealed, but it seemed Rohnert Park City Council Minutes (15) October 13, 1992 cumbersome to him. He said he was bringing the item to Council's attention because the deadline for joining was specified as Friday, October 23, 1992. Discussion followed during which Council concurred that the deadline to join this amicus brief was not that crucial because a late joining could be feasible. Since the item was not on tonight's agenda and to declare an emergency item was not deemed necessary, Council concurred to place this amicus brief on the next agenda for further consideration. This would give the City Attorney ample time to review the matter more thoroughly and provide Council with the name of the appellant. 4) City Attorney Flitner referenced copies provided to Council of his memorandum dated September 29, 1992 regarding Electioneering inside public buildings in response to Council request at its previous meting. He reviewed contents therein confirming that, basically, the Council has a right to restrict electioneering and distribution of campaign materials inside City buildings as long as such administration is across the board. In response to such distribution at the Crane Melon Festival, City Attorney Flitner said that seems to be a broader question since the Supreme Court case stated "not in public buildings but approved on sidewalks ". However, the main issue the Supreme Court seemed to stress was "across the board ", so such restrictions would probably be all right as long as they were administered equally. Discussion followed during which examples were given of littering from campaign material and differences of opinions were shared relating to imposing campaign restrictions. No action was taken regarding this matter. Matters from Council: 1) Subregional Water Reclamation System/City of Santa Rosa - City Manager Netter said the City of Santa Rosa Laguna Wastewater Treatment Plant tour of the new facility had previously been canceled and needed to be rescheduled. Discussion followed during which suggestion was made to wait and tour the treatment plant after the upcoming election so the new Council could participate in the tour. City Engineer Brust said the treatment plant could be toured individually, two at a time, etc. Council agreed this approach would probably be better due to all the various conflicting schedules. 2) Mayor Spiro said she had received a call from PetsMart notifying her that the Pets Mart ribbon cutting ceremony had been changed from the October 31st date as listed on tonight's agenda to Saturday, October 24th, 1992 at 9:00 a.m. 3) Mayor Spiro referenced copies provided to Council of informational flyer from Sonoma Fire Med Valley regarding Paramedic Ambulance Membership. She said this item was brought up at the Senior Advisory Commission meeting asking if there was some way to get this information out to the community because of the reasonable rate of $35 annually. City Manager Netter responded that the City's affiliation is with Sonoma County Life Support and staff could contact representatives to see if a similar type program might be available. Council agreed. Rohnert Park City Council Minutes (16) October 13, 1992 4) Councilman Reilly said he had noticed oversized campaign signs on the lot next to Big 4 Rents and on a vacant lot on Snyder Lane. City Engineer Brust responded that staff had called on the first sign referenced, as well as other such signs in the neighborhood, and were taking the signs to the Corporation Yard. 5) Councilman Eck pointed out that a lot of activity has been generated regarding the proposed Bike Path Committee. City Manager Netter confirmed this item would be placed on the next agenda for Council's consideration. 6) Mayor Spiro expressed concern regarding golf carts not stopping at street intersections and asked that a message be relayed to the golf course to provide more specific instructions to users of golf carts. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. No one responded Adjournment Mayor Spiro adjourned the meeting at approximately 10:00 p.m. De y Ci Clerk Mayor MEMO To: The City Council From: Dave Date: October 8, 1992 Re: "Triple Use Plan" I would like to make as few comments regarding the wastewater discharge proposals.and the potential for permanent open space on Rohnert Parks borders. These ideas stem from the original wastewater irrigation project done by the City of Rohnert Park nearly twenty years ago. Various proposals related to those ideas have been put forth by myself and others numerous times over the past years. In view of the current ruling by the Regional Water Quality Board and the Implementation of an Open Space Acquisition Plan that has funding the concept bears repeating. The Press Democrat has recently given extensive coverage to the wastewater discharge issue. I thought the edition on the composition of the water in the Russian River compared to that of the discharged water was quite accurate. As a chemist, with a toxicological background, I basically agree that the actual health risk of the tertiary treated water is small. It is time that the City of Santa Rosa, as the lead agency, and the rate payers of all of the user Cities, like Rohnert Park, get recognition for the time and expense we have put into developing our treatment system. It is now a state of the art facility with a effluent exceeding all normal health standards. I think that the whole issue goes beyond the area of scientific data. The real issue, as those of us who deal with the question toxicological risk analysis know, is that the publics perception of risk, particularity if it is involves involuntary exposure to the risk,.becomes as insurmountable as an actual risk. It is ironic that a society that actively promotes high risk activities such as cigarette smoking, alcohol consumption, over the counter drug sales and automobile travel can and does demand zero risk, which is unattainable, in so many other areas of our lives. The risk of the wastewater to the general public, including those along the Russian Rivers, is so small that attempts to calculate it on a scientific basis would be highly suspect. Therefore, endless debate on the subject will do little to resolve the question of where the user agencies of the wastewater plant will be allowed.discharge the treated effluent. The same arguments that the people along the River are making in opposition to discharge will be made for each of the other alternatives for discharge that have been made by the user agencies. We must instead work out a solution that is politically reasonable and can be sold to the entire public, namely the rate payers of the user agencies and the people concerned with the discharge point for the water. Therefore, I would suggest that a proposal made nearly 20 years ago by Dr. Bill Kortum, Loyd Harwood, and myself still has merit. The plan, which Bill dubbed the "Triple Use Plan ", still works regardless of the discharge alternative that eventually is adopted. The goal would be to maximize the reclamation and reuse of the highly treated water and a truly acquire permanent open space. The users would expand the already extensive irrigation system to create an irrigation district. The user agencies would commit to creating at least one new acre of land within the district (along with storage) for each new acre of land that was urbanized. Under the one acre for one acre formula(which has repeatedly been stated as a goal of the City of Rohnert Park) the engineers assure me that the actual amount of discharge into the Russian River, or some other site, would under that formula actually begin to decrease. The irrigation district would be as near to the urban spheres as possible. The advantages of the plan seem to be obvious. 1. Under this formula we can assure the people along the River (or where ever the discharge point ends up) that in the event a great deal more urbanization takes place than any of us expects, the discharge levels would not increase. 2. If the emphasis for the district was on reuse near the urban spheres, permanent open space would be created on the borders of the cities in the county. 3. If irrigation were done on landscaping within the urban boundaries, such as is now being done on Rohnert Park's golf courses and has been proposed for our school and park sites, water conservation would result. 4. The Open Space and Agricultural Preservation District could be involved in the purchase or at least facilitate acquisition of some permanent agricultural easements on priority one (community se arators ) and riority two o en space lands adjacent to cities. These easements would b recorded a part of the deed of trust and would run with the land in perpetuity. They could not be changed by the political process 5. The crops produced would have economic value and help maintain our very important agricultural industry. 6. The expensive plumbing and piping system required for an irrigation district could be much more salable to the residents of the user agencies if they knew that part of the expense they were bearing was creating a community surrounded by green belts and productive agricultural lands. 7. It would place some responsibility directly on developers and landowners to accommodate the needs of the district. In turn they might, if they propose imaginative projects, avoid ever again facing the political nightmare that the current sewage crisis has created. 8. The plan requires those who generate the water to assume responsibility for disposal of the water in our own backyards. I am enclosing a map of how Rohnert Park might proceed with the irrigation district in and around our borders w5p 46 a 0. 14-M 1 !sting 18 in pipe Proposed 24 in pipe a co P/