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1992/11/10 City Council MinutesRohnert Park City Council Minutes November 10, 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 6:45 p.m. and led the pledge of allegiance. ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, and Mayor Spiro Absent: (0) None 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 Finance Director Harrow. Approval of Minutes Upon motion by Councilmember Hopkins, seconded by Council- member Eck, the minutes of October 27, 1992 were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, the bills presented per the attached list in the amount of $1,409,826.84 were unanimously approved. Adding Non - agendaed Mayor Spiro asked if any member of the Council wished to add items any non - agendaed items. The Council had no response. Mayor Spiro asked City Manager Netter if he had anything to add to which Mr. Netter said he would add a few items under City Manager's Report, Miscellaneous. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters, personnel matters, and real estate negotiations. She said no action was taken and there was nothing to report at this time. 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) November 10, 1992 George Horwedel, 7669 Camino Colegio, extended his congratulations to Councilmember Eck, Mayor Spiro and Dawns Gallagher for winning the election and to all the 12 candidates for a well done election and supported Councilman Reilly's idea of neighborhood group meetings and that it will be useful for the Council to go to the neighborhoods to insure that the public hears all the things about a project or anything that the City is planning. Dawna Gallagher, 7342 Rasmussen, noted that the item regarding Debra Investment Corp. has not been scheduled for public hearing and she would like to remind the Council that the citizenry filled out surveys and have come to the polls for no new annexation until 1995 and the Council at this time should just say no to the annexation and heed the will of the citizenry. Mayor Spiro asked Ms. Gallagher where in the General Plan does it say no new annexation until 1995 to which Ms. Gallagher replied that it is in page 1.3 of the General Plan. 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 RESOLUTION OF APPRECIATION AND TESTINDNY TO WARREN K. HOPKINS ON THE No. 92 -175 OCCASION OF HIS RETIREMENT FROM CITY SERVICE Resolution A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK REJECTING No. 92 -176 THE CLAIM OF JOHN E. DAVIS (c /o Cantor, Barrett & Wheeldin) Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING No. 92 -177 THE CLAIM OF EUGENE VINCENT CARUSO Resolution A RESOLUTION EXPRESSING SUPPORT FOR THE APPLICATION OF SONOMA COUNTY No. 92 -178 ASSOCIATES FOR YOUTH DEVELOPMENT FOR AN INNOVATIVE AND PROMISING PROJECT TO PREVENT AND REDUCE TOBACCO USE AbDNG IN- SCHOOL YOUTH Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -179 AUTHORIZING THE EXCHANGE AND TRANSFER OF CERTAIN PROPERTIES ACQUIRED FOR THE WILFRED AVENUE ASSESSMENT DISTRICT (PROJECT 1987 -10) TO THE ROHNERT PARK MEDICAL VILLAGE, ET AL AND AUTHORIZING THE MAYOR TO EXECUTE THE APPROPRIATE GRANT DEED Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -180 SUPPORTING AN END TO LM WED FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENTS AND ASKING FOR FISCAL ASSISTANCE ON EXISTING FEDERAL MANDATES Rohnert Park City Council Minutes (3) November 10, 1992 Resolution A RESOLUTION OF THE CITY OF ROHNERT PARK AMMING RESOLUTION NO. 90- No. 92 -181 212 TO DELETE CERTAIN HEALTH, MEDICAL, DENTAL, AND VISUAL BENEFITS EXTENDED TO RETIRED CITY COUNCIL MEMBERS Upon motion by Councilmember Hollingsworth, seconded by Councilmember Eck, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. City Manager Netter stated there are a lot of people present for the Animal Shelter and the annexation and since part of the proposal that may come out of Debra Investment letter discussion may include increased annexation fees for potential future capital projects of which one may be the Animal Shelter, W. Netter suggested to the Council to discuss the item on Debra Investments first. Councilman Eck stated he was not clear of the link. City Manager Netter replied there was no link but if there is some discussion that warrants continuation of the proposal that may bring additional annexation fee funds to the City, those funds could possibly be used for the proposed Animal Shelter. Councilman Eck stated it seems to him that the annexation is being attached to the Animal Shelter. Funding for the Animal Shelter is coming out of Community Development Agency funds and the question is if the funding of the Animal Shelter is still going through the CDA and stated he did not think that he wants to tie in the Animal Shelter with the annexation. Mayor Spiro stated that at the last meeting, there was a question whether or not there was going to be funds for the Animal Shelter. City Manager Netter stated staff was asked to outline reserves available, one of which is the annexation fee account which would be increased by $1.6 million if the proposed annexation was eventually approved following the complete General Plan update process. Councilman Eck stated at no point during the whole General Plan process that there has been a consideration of linking the annexation to the Animal Shelter, but now that the Animal Shelter project is ready to go to bid, there is a cross linkage and it does not make sense. Mayor Spiro stated that it only makes sense to her because the Council did not know the $750,000 hit from the State at that time and up until that time, there was enough money for the Animal Shelter. The Council concurred to follow the agenda. Mayor Spiro adjourned the regular City Council meeting at approximately 6:52 p.m. to proceed with the Community Development Agency meeting as scheduled on tonight's agenda. Rohnert Park City Council Minutes (4) November 10, 1992 I:12 Welk VTJ I I — 0.1 a �1 ►, Mayor Spiro reconvened the City Council meeting at approximately 7:44 p.m. with all Councilmembers present. Resolution A RESOLUTION OF AWARD OF CONTRACT ANINM SHELTER PROJECT NO. 1990 -14 No. 92 -182 Upon motion by Councilman Eck, seconded by Councilman Reilly, reading of Resolution No. 92 -182 was waived and said resolution was unanimously adopted subject to negotiations with the Contractor - to complete the project at a cost of $825,000 including an administrative area. Response to Management Letter prepared by External Auditors Deloitte & Touche relative to financial reports for 1991 -92 - City Manager Netter referred to his Council Meeting Memo dated November 6, 1992 and Finance Director Harrow's memo dated October 28, 1992 and requested the Council's acceptance of the response to be forwarded to the auditors with staff's comments. Councilman Hopkins made the motion to accept the response and to forward same with staff's cotments to the auditors. Said mot ion was seconded by Councilman Hollingsworth and unanimously approved. Debra Investment Corporation - City Manager Netter referred to his Council Meeting Memo dated November 6, 1992 and stated that Phil Trowbridge and Art Condiotti were present at tonight's meeting. Mr. Netter stated he prepared a summary of their proposal as communicated to him in a meeting with Mr. Condiotti and he wanted to make it clear on record that there was no intent to tie the annexation to the Animal shelter and the City was looking at additional funds of reserves accounts including the annexation fee fund account and he wanted to bring to the Council's attention it is the Council's discretion that any new annexation could be spent for additional capital projects including the Animal Shelter, road projects or library expansion or other projects. W. Netter continued to discuss the process and stated there is a General Plan Draft the General Plan committee is working on and which is waiting to get a direction from the Council if they are to continue. Mr. Condiotti is requesting assurances that the process will continue as he does not went to pay another option pant if the Council decides to stop the process. Phil Trowbridge, Vice President of Debra Homes & Condiotti Enterprises, was recognized and extended an apology for this request at this time and stated that they are not trying to bypass the new Council since 4 Councilmembers are going to continue and monitor the process. Their problem is their option is due to expire within one day and gives them the opportunity to discuss with the Council before they make a determination if they can put a project together and buy the 72 acres or let it go. When they requested the annexation, they had no intention of the City picking up the cost and their commitment is to pay the City for costs incurred upon completion of the process. If the Council does not wish to continue the process, the 72 acres will be gone and they will look into the General Plan update in 1995. Rohnert Park City Council Minutes (5) November 10, 1992 Councilman Hollingsworth stated he is a businessman and knows that W. Condiotti is a generous person but wanted clarification that the City will get 72 acres of land, pay annexation fee, and let the process go forward, take chances with LAFCO and the Williamson Act and not do anything until 1995. Mr. Trowbridge concurred. W. Condiotti stated he wanted to make it clear that he does not intend to give the City the land and annexation fees until the annexation is completed. Councilman Reilly asked if the Williamson Act requires that open space be agricultural open space. W. Trowbridge replied there is a requirement that the property does not qualify as of today. It does not require that open space be agricultural open space. It only indicates that in the wisdom of the City that it is open space and considered as public benefit. Councilman Hollingsworth asked W. Trowbridge even if we annex, you are going to take your chances with the Williamson Act. Councilman Eck asked who will pay for attorney's fees. Mr. Condiotti replied he was not looking to circumvent the new Council. He wants 4 votes tonight or he won't proceed and wanted the Council to understand that. W. Condiotti also said that he agreed to pay for everything that has been done so far and will pay for whatever the City has spent to which Councilman Reilly replied he never doubted that. Councilman. Reilly stated his vote is still the same as a year ago but he is willing to listen to compelling reasons to change it bearing in mind there is a statement in the General Plan that development will be limited to areas within the existing City limits and that statement has not changed so if the expectation was for him to change his vote tonight, it is not going to happen. At this point, approximately 8:04 p.m., Mr. Condiotti thanked the Council and got up to stand in the back of the chambers. Nbre discussion followed. Councilman Eck asked Mr. Trowbridge, in terms of LAFCO require prezoning, if he presupposed R1 zone. Mr. Trowbridge replied in the affirmative. Councilman Eck stated that the R1 rezoning will be on land that is in the Williamson Act. He recounted that when he was knocking on doors, the only question he was asked routinely was what is his view on the annexation. W. Eck stated this process has to run and the problem was that the Council is not letting the process run fully and that this was a classic example of how not to get things done. He said all along if the Council honored the commitment to the General Plan, the City would be a year up on the process and everyone would have a fair shot. Mr. Eck said he would be willing to recharging the General Plan. He said he would be embarrassed at this point to turn around one week after the election. Nothing has Rohnert Park City Council Minutes (6) November 10, 1992 changed in terms of contingencies of the land, presupposing approval and we have not had hearings and we have not done all the things necessary to complete the General Plan. We are being asked to move ahead in a very untimely manner. We have not even gone through due process, and in his view not even a good General Plan process now and it has not even been finished with the process and he has not even read the General Plan Draft. W. Trowbridge stated that the public process that Councilman Eck speaks of is what they are asking for and that they are trying to accomTodate, through the public process, the concerns of the citizens. If they do a bad job of it, and the citizens want a referendum, that is their will but the process has not been fairly heard. They wish to work with the City; they have worked well with the City in the past and have provided lots of homes. Mayor Spiro gave a historical review that when the vote was taken to update the General Plan, it was not on a full Council vote. Her concern was that during the election process, there were statements made that they had no problem with the proposed annexation but the problem was with the process. She cannot understand why, as a Council, a generous offer cannot be considered when all the obstacles have been overcome, they are willing to wait out the Williamson Act, willing to bear the costs; they are not asking for a guarantee, they are just asking to be able to continue the process. The discussion has been centered on 1995 and there is nowhere in the General Plan that it says that the Council will not do any annexation prior to 1995. Vice Mayor Hollingsworth made the motion to continue the process even though the project may not go through for the specific 80 acres. Said motion was seconded by Mayor Spiro for discussion. Assistant to the City Manager Leivo stated that the General Plan Draft is not a site specific General Plan. It includes other areas to the east of Rohnert Park, Mr. Condiotti stated that he likes this town and since there is a lot of anguish, he will do the Council a favor by withdrawing the whole thing and everybody will be happy. Councilman Hopkins told Mr. Condiotti that his proposal was most innovative and there will never be another project like it and he is unhappy that the Council cannot proceed. W. Condiotti stated this project is getting to a point that it is making the whole City unhappy and he will not renew the option and drop it but he'll be back, he still likes this town. W. Condiotti then left the Council chambers. Vice Mayor Hollingsworth withdrew his motion because of withdrawal of the project and Mayor Spiro withdrew her second. Mayor Spiro declared a recess at approximately 8:25 p.m. Rohnert Park City Council Minutes (7) November 10, 1992 Reconvene The Council reconvened with all Councilmembers present at approximately 8:40 p.m. Tax and Revenue Anticipation Notes - 1992 Proposed Issuance of Series B ($400,000) - City Manager Netter referred to his Council Meeting Memo dated November 6, 1992 and Finance Director Harrow's memo dated November 5, 1992 for explanation. Resolution A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK PROVIDING FOR No. 92 -183 THE BORROWING OF ADDITIONAL FUNDS FOR FISCAL YEAR 1992/1993 AND THE ISSUANCE AND SALE OF 1992 TAX AND REVENUE ANTICIPATION NOTES THEREFOR Upon motion of Councilman Hopkins, seconded by Coucilman Hollingsworth, reading of Resolution No. 92 -183 was waived and said resolution was adopted. Sonoma County Water Agency request for City of Rohnert Park to assume sale of water to Mountain Shadows Golf Courses (Re SB 617) - City Manager Netter referred to his Council Meeting Memo dated November 6, 1992 for explanation. Councilman Hopkins made the motion to authorize City Manager Netter to forward the letter to the Sonoma County Water Agency so the procedure can be implemented. Said motion was seconded by Councilman Hollingsworth and unanimously approved. Council Committee Reports: 1) Bingo Update - Councilman Hopkins stated that City Manager Netter accurately sunniarized their meeting with PAL in his Council Meeting Memo dated November 6, 1992 and Mr. Netter was requested to report back to the Council following his meeting with PAL after review of the specifications for the parking lot. 2) Mbbile Home Park Purchase Program - Councilman Eck stated the meeting was very productive and that it may not be a bad idea for the Council committee to meet with Mr. Goldstein. City Manager Netter stated he received a follow up call from W. Goldstein looking over a prospectus of the Capitola model and asked questions of bonding and interest rates are very favorable. Based on the bond rate, it may be more workable than he originally figured. 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) Councilman Reilly's memo - summarization of what was in the last agenda since it was rushed to the end. Mr. Reilly wanted to write what he would have said if opportunity had been there and he is hopeful that there will be some discussions on the items the rest of this year or next year. 2) Debra Investment Corp. - Mayor Spiro asked if the General Plan Committee will be disbanded. City Manager Netter stated at this stage the Council can ask staff to formulate options on where we go from here. The Council concurred that the General Plan committee Rohnert Park City Council Minutes (8) November 10, 1992 finish out the elements it has been working on and the Council will not do anything until the new Councilmember is seated. City Manager's Report: 1) City Manager Netter met with Walt Guanella who asked whether the Council would consider additional funding to support him in the future. W. Netter stated he did not see it happening with the budget crunch and W. Guanella suggested calling a meeting with the store owners and developer and work with staff in developing a booster club on the west side. Councilman. Hollingsworth stated if they back out, the Council can look at the direct value of the stadium and sell the land for commercial purposes. Councilman Reilly suggested converting it to a Little League to attract Babe Ruth tournaments or a girls softball which attract a crowd and will cost very little to to convert to a diamond. City Manager Netter stated he has been approached to convert it to a soccer field with semi - professional teams and said at this time the stadium is actively being used for many softball events including various local leagues and tournaments. The stadium does not sit idle. Councilman Eck stated there is a North Bay soccer team now and, as a member of the Council committee, will be willing to meet with the Guanella group. City Manager Netter said he will set up a meeting with the Council committee and Walt Guanella to discuss this further. 2) S.C.C.V.B. restructure and possible move to Wine & Visitors Center - They are trying to restructure the Association and considering moving operations to the Wine Center and reunite committee to direct what the proposals are. 3) Use of 1984 Home Revenue Bonds funds - to bring attention to the memo listing all legal uses of the fends, highlighted in yello1w, to use against housing element costs because the funds are allocated for housing projects. Councilman Hopkins made the motion to concur with staff's recommendation. Said motion was seconded by Coucilman Eck and unanimously approved. 4) Sonoma County City Managers group joint efforts with Cities /County /Schools for issues to be conr=icated to Legislators (request for list of issues to be addressed) - City Managers met and were requested to talk to their Councils about issues we would like to pursue jointly to State legislators, to come up with ideas or an agenda that are important to pursue to protect City revenues from State. Councilman Hopkins mentioned school redistricting. City Manager Netter mentioned Santa Rosa's High School District's position not to allow the area east of town into the Cotati - Rohnert Park Lhified District and that this doesn't make sense as the students would have to be bussed to Santa Rosa. Rohnert Park City Council Minutes (9) November 10, 1992 City Manager Netter asked the Council to give him a call if there are issues that come up they would like addressed as he will be writing a letter to the legislators. 5) Two budget forums - City Manager Netter advised Councilmembers on two forums on the budget process - one on Saturday, November 14th at the Board of Supervisors sponsored by Senator Mike Thompson and another one on December 2nd in Oakland by Kathleen Brown. Mr. Netter urged Councilmembers to attend one or both forums and get active with this issue to protect City revenues from the State. 6) Christmas Tree Lighting Donation Program - Donation was received on the first day for $200 and the second day for $100 and if the same percentage continues, the estimates will be surpassed. 7) Mr. Netter reported the City is hiring consultants to get some preliminary estimates done to continue the process of street lighting purchase process with PG&E to revise their appraisal. The estimated cost of the appraisal is $4,000. The Council concurred to proceed. 8) Sonoma County Realtors Association - Breakfast for Mayor Spiro to attend on December 2nd. City Attorney's Report: 1) SB 257 - City Attorney Flitner stated this is old hat now because all cities are still posting agendas of public meetings. It is a mate question because the cities are observing the laws regarding public meetings. 2) Booking fees /recovery - It is possible to recover costs on a conviction. There should be an order by the court allowing it. Assuming that we will be allowed to recover the costs, someone in Finance could follow up to recover the fees. 3) Pacific Bell vs. State Board of Equalization, et al - these suits have been filed for the past 3 years. What they are arguing about is that they are overassessed and they are asking for recovery of part of their assessments. County Counsel will represent the City at no cost to the City. Councilman Hopkins made the motion to authorize to have the City represented. Said motion was seconded by Councilman Eck and unanimously approved. Mayor Spiro asked, regarding the aerospace contracts, since Hewlett Packard is one of the largest contractors, if the City can be affected by the settlement. City Manager Netter stated some documentation has been received that Rohnert Park will receive a small credit. 4) Revenue Taxation code - City Attorney Flitner stated he has been trying to contact Counsel to see the issues but have been unable to do so and requested if this matter can be deferred until he can get more details before he can advise the Council. Rohnert Park City Council Minutes (10) November 10, 1992 5) Cox - the suit involving auto accident is still going on - the suit was not filed on time. Cox party is representing herself and the Courts have refused to allow further filing. This suit which has been going on about 5 months, is dying a slow death; City has wen each count. Matters from/for Council: 1) Setting December 7 at 7:00 P.M. for swearing in of Councilmembers and selection of City Council officers. Dawna Gallagher asked if the public is invited and the response was yes. 2) Possibly cancelling 2nd meeting in December (Dec. 22) due to holidays - Councilman Hollingsworth made the motion to cancel the 2nd meeting in December. Said motion was seconded by Mayor Spiro. City Manager Netter stated there may be a reason to call a special meeting on December 15th for a one -issue item. Councilman Eck stated he preferred a regular meeting. It was the consensus of the Council not to have the 2nd meeting in December unless there is an emergency item. 3) Councilman Hopkins retirement dinner on Nov. 13th - City Manager Netter distributed a program for Councilman Hopkins' retirement dinner and reminded everyone about the event. 4) Councilman Eck suggested a get - acquainted dinner meeting with the Sonoma State president, School Board and new Cotati Councilmembers after the first of the year. 5) Councilman Eck called the Council's attention on the trees and stated he hoped that staff read the letter also. Councilman Hollingsworth stated there is some land where we can develop our own nursery for trees and get the community involved. Unscheduled Mayor Spiro asked if anyone in the audience wished to make an Public appearance at this time. No one responded. Appearances Adjournment Mayor Spiro adjourned the meeting at approximately 9:17 p.m. Deputy City Clerk �yor