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1993/01/14 City Council MinutesRohnert Park City Council Minutes January 14, 1993 - Adj.reg.meeting - The Council of the City of Rohnert Park met this date in adjourned regular session commencing at 5:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. CALL 'ICS ORDER Mayor Hollingsworth called the regular session to order at approximately 5:03 p.m. Mayor Hollingsworth advised that due to a P. G. & E. power failure at the regular City Council meeting of January 12, 1993, as well as the lateness of the hour, said meeting was adjourned to this date, January 14,1993, 5:00 p.m. to complete the agenda items as scheduled. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, and Director of Public Works /City Engineer Brust. Bingo matters:1) Police Activities League (PAL) - City Manager Netter referenced copies provided to Council of two items pertaining to Police Activities League (PAL); a) letter dated December 28, 1992 from PAL regarding decision to list building for sale and relocate operation; and b) Audit findings regarding pull tab sales (gross vs. net) with letter dated December 21, 1992 from PAL and staff report dated December 22,1992 with various attachments. Mr. Netter shared contents of these items and responded to Council questions regarding same, Discussion followed during which PAL President Harvey G. Head responded from the audience to Council inquiry that PAL is always open to meet with Council Committee and further discuss concerns related to its bingo operation, but rather than spend the majority of his time and staff's time dealing with issues brought up by Rohnert Park, preference is to relocate. Council further reviewed parking requirements related to the current PAL building location as well as complexities of legal requirements for auditing. Mayor Hollingsworth designated Councilman Eck and Councilmember Gallagher as Council Committee to meet with PAL representatives to further review above-mentioned concerns. City Attorney will look at legal requirements for PAL parking lot. 2) Soroptimist International of Rohnert Park /Cotati - City Manager Netter said copies were provided to Council of letter dated December 180, 1992 from Soroptimist International of Rohnert Park /Cotati regarding decision to discontinue bingo operations. He shared contents therein as reviewed in the Council Meeting Memo and said this was for Council's information. Rohnert Park City Council Minutes (2) January 14, 1993 3) Thor -Vex Productions (i.e. Rev. Tharpe in support of T's Academy) - City Manager Netter said this item was also for Council's information and that copies were provided to Council of staff memo dated January 5, 1993 regarding Thor -Vex Productions -T's Academy decision to discontinue bingo operations. Mr. Netter shared coments as reviewed in the Council Meeting Memo regarding this matter. Discussion followed during which City Manager Netter responded to various Council questions pertaining to bingo matters confirming that the law is consistent and across the board for everyone. Mayor Hollingsworth said he agreed that the City needed to operate within the scope of responsibility regarding such matters. Planning and Zoning matters: File No.1514 - City Manager Netter referenced plans on display and shared contents of Planning Staff Report provided to Council regarding File No. 1514 - International House of Pancakes - Architectural review to convert 31,800 sq. ft. parcel located on Redwood Drive (currently "Choices" Restaurant) into an International House of Pancakes Restaurant. Samples c_` colors and materials were also displayed for Council's review. W. Netter said this item is up for Council's architectural review in following its procedures for any project visible from U. S. Highway 101. He Netter responded to various Council questions regarding these plans as outlined in the Planning Staff Report. City Manager Netter said a representative of International House of Pancakes was present at tonight's meeting to respond to Council questions, if desired. Mike Ibraham, Project Coordinator, International House of Pancakes, 1600 South Main Street, Ste.195, Walnut Creek, Ca., responded to Council inquiry that, IHOP is going to change the interior furnishings and decorations and they are going to put in new seats and booths. IHOP is changing to a blue metal roof on its building. In response to Council inquiry, W. Ibraham said he had no problem with the Planning Commission's direction regarding the blue roof. Upon motion by Councilman Eck, seconded by Councilmember Gallagher, File No. 1514 - Architect. raI plans for International House of Pancakes were unanimously approved per Planning Conmi.ssion approval at its December 10, 1992 meeting. File No.1584 - City Manager Netter referenced plans on display, as well as samples, and said copies were provided to Council of Planning Staff Report dated December 10, 1992 regarding File No. 1584 - Ed Gilmore/Royal Coach Car Wash - Site plan and architectural review of proposed Royal Coach Car Wash to be located on a 39,220 sq. ft. parcel on the north side of the Rohnert Park Expressway, 400 ft. west of Redwood Drive and west of and contiguous to the Chevron Station and south of the proposed United Furniture Store. Mr. Netter shared contents therein and said the Planning Commission approved this project at its meeting of December 10, 1992 and recommended Council approval of same. Again, since this property is visible from U. S. 101, this matter is up for Council's review in following its procedures. City Manager Netter responded to various Council questions regarding this matter as outlined in the referenced Planning Staff Report. He said representatives of Royal Coach Car Wash were available at tonight's meeting to respond to Council question, if desired. Rohnert Park City Council Minutes (3) January 14, 1993 Discussion followed during which Council expressed concerns regarding arrangements for the best traffic flow and raised questions about the necessity of the barrier. City Engineer Brust explained the logic of these items and confirmed that the barrier was staff's recommendation. Cliff Simpson, Representative of Royal Coach Car Wash, 3276 Villa Lane, Napa, Ca., answered Council questions about the operation and referenced other similar operations he has and effects on traffic flows. Doug Craig, Representative of Codding Enterprises, 6400 Redwood Drive, said he did not think there would be any concern related to the barrier and /or traffic flow as reviewed, especially since the owner of the car wash is going to have easements through there. He confirmed to Council inquiry that he just needed to make sure of adequate parking especially in connection with the surrounding lots for future possibilities. Upon motion by Councilman Eck, seconded by Councilmember Spiro, File No. 1584 for the Royal Coach Car Wash plans were unanimously approved as approved by the Planning Commission at its meeting of December 10, 1992, including parking conditions recommended by staff. Transportation matters: 1) Sonoma County Transportation Authority (SCTA) /memorandum of Under- standing with Metropolitan Transportation Commission (MCC) - City Manager Netter referenced copies provided to Council of SCTA agenda of Monday, December 7, 1992 of which Councilman Eck and Director of Public Works /City Engineer Brust attended. City Engineer Brust referred to Item No. VII on the above- referenced SCTA agenda regarding Draft Memorandum of Understanding MCC /SCTA and said this Mx agreement should be reviewed by the Council because of the many strings attached to the $100,000 of MM funding. MCC has consistently indicated that they are strong in trying to get land use controls. The agreement does not really say MM is going to control land use, etc., but there may be strings that could say MCC controls land use regulations. Some kind of statement is needed from Council that we do not want MCC being the agency to control local lands. Councilman Eck said when you look at the general mood, if you want to get these transportation funds, you may have to give in to some external control. City Engineer Brust confirmed Councilman Eck's convents and said we are on the verge of thinking it is worth it right now,'but other small conT=ities do not feel the conditions are worth getting the money right now, so are dropping out. 2) California Department of Transportation/Transportation Enhancement Activities Program - City Manager referenced copies provided to Council of draft proposed guidelines from the California Department of Transportation for its Transportation Enhancement Activities Program and shared commnts as reviewed in the Council Meeting Memo. He explained that these guidelines have been reviewed by staff. Staff proposes objecting to Caltrans proposal for MCC to be controlling the agency in evaluating and selecting projects and, therefore, would Rohnert Park City Council Minutes (4) January 14, 1993 essentially be controlling all the funding under the ISTEA program. Caltrans would better serve the public and local agencies by controlling the funding and project selections. Staff requests Council's concurrence in sending the referenced letter to the State Department of Transportation. Discussion followed during which Director of Public Works /City Engineer Brust responded to Council questions and further reviewed the funding procedures in the past as compared to this proposal that has a third party controlling the programs and selecting the projects. Mr. Brust said getting the proposed ruling for Caltrans control, as recommended above, is very slim and it was his guess that NUC will probably have control of the funds. City Manager Council said Council has been provided with copies of a draft letter prepared over the Mayor's signature addressing these concerns regarding the Federal ISTEA funds and asks for Council's concurrence in sending this letter to the State Department of Transportation. A motion was made by Councilman Eck, seconded by Councilmember Spiro, and unanimously approved, to send the above- referenced letter over the Mayor's signature and on behalf of Council to the State Department of Transportation, as recommended by staff, recommending that Caltrans be the controlling agency in evaluating and selecting projects for the ISTEA Transportation Enhancement Activities Program. Cable Television Consumer Protection and Competition Act of 1992: City Manager Netter said copies were provided to Council of staff report regarding an update for the Cable Television Consumer Protection and Competition Act of 1992 that went into effect October 5, 1992. He shared contents therein as reviewed in the Council Nbeting Memo and responded to various Council questions regarding same. Mr. Netter said it does not look as if these regs will come down until April or May of this year, but in the meantime, Council may want to direct staff to communicate with MiltiVision regarding cable television programming, even though the City cannot require specific programming changes, and recommended holding off on any public hearing until after the regs are finalized. He said certain language was written in the Franchise Agreement to protect the City in the event ,he FCC allowed for additional local control. Discussion followed. Commission /Committee /Board appointments: Mayor Hollingsworth explained that he was unable to attend the January 12, 1992 Council meeting because of prior business commitments and, therefore, was unable to make his two nominations for City appoin.> zts as listed on the Council agenda. He said he would like to mat-: those nominations for Council consideration of the appointnt-nts at this time. Appointments to fill terms expired on December 31, 1992 were made as follows: 1) SENIOR CITIZENS ADVISORY CONMISSION Upon motion by Mayor Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, John Chase was re- appointed to the Senior Citizens Advisory Commission. •Rohnert Park City Council Minutes (5) January 14, 1993 2) NDBILE HONE PARKS RENT APPEALS BOARD Upon motion by Mayor Hollingsworth, seconded by Councilman Reilly, and unanimously approved, Patty Coe was re- appointed to the Nbbile Home Parks Rent Appeals Board. Discussion followed during which Councilmember Spiro asked Council - member Gallagher if she had requested resignations from any of the other commissions, other than the individual discussed at the previous January 12, 1993 Council Meeting to which Councilmember Gallagher responded no. Councilman Eck said the new version of a bill pertaining to public meetings was going into effect and questioned the requirements for open meetings. City Attorney Flitner responded that he had not yet reviewed those regs but would be reviewing them soon. Nkyor Hollingsworth said he did not ever remember a time when Council meetings or Council Committee meetings were not open to the public. Councilman Eck said he had no quarrel with all meetings being public, but sometimes it is very important to hammer out some options, which could be uncomfortable for other parties or people involved if every subcommittee meeting was required to be open to the public. If all such meetings had to be established as "open" then public notices would also be required which would involve the standard time frames in scheduling same. Mayor Hollingsworth said he had no problem with noticing even the committee meetings, even if it is not required. The only area that might be difficult would be involved with litigation matters or real estate negotiations. Council agreed to proceed with the next item as scheduled on tonight's agenda pertaining to liaison assignments. City Council Commission /Committee Liaisons: City Manager Netter said current City Council commission and committee liaison assignments had been listed on tonight's agenda for Council review and reassignment, if so desired. Discussion followed during which Council reviewed the list of liaison assignments and agreed to removal of the 101 Corridor Committee from the referenced list. Council concurred to Council commission /committee liaison assignments with changes signified as follows: Cultural Arts Commission /Corporation (Hollingsworth) - RETAIN Parks and Recreation Commission (Eck) - CHANGE (formerly Hopkins) Planning Commission (Hollingsworth) - RETAIN Senior Citizens Advisory Commission (Spiro) - RETAIN Sister Cities Committee (Spiro) - RETAIN 101 Corridor Committee (Eck & Hollingsworth) - DELETE ABAG (Spiro, alt. Gallagher) - CHANGE (formerly Hopkins, alt.Spiro) Bingo (Eck & Gallagher) - CHANGE (formerly Eck & Hopkins) Cable Television (Eck & Gallagher) - CHANGE (formerly Eck & Hopkins) Chamber of Commerce (Eck, alt. Spiro) Community Outreach for Youth & Families (Spiro & Hollingsworth) - (COYF) - CHANGE (formerly Spiro & Reilly) Community Separators (Mayors' & Councilment ers' appt. - Eck) - RETAIN Rohnert Park City Council Minutes (6) January 14, 1993 Economic Development Committee of RP Chamber of Commerce (Spiro) - 't If " " - CHANGE (formerly Hopkins) Gang Task Force /Sonoma County (Gallagher) - CHANGE (formerly Reilly) Garbage (Eck & Gallagher) - CHANGE (formerly Eck & Hopkins) Golf Courses (Hollingsworth,alt.Spiro) - CHANGE (formerly alt.Hopkins) Hazardous Materials Management Commission (County appt.- Reilly)- RETAIN Housing Task Force (Reilly & Gallagher)- CHANGE (formerly Eck & Reilly) " If " (possible sunsetting in near future) Library Advisory Board (Reilly) - RETAIN Mosquito Abatement Board (until 10/94 - Hopkins) - RETAIN Open Space Advisory Committee (County appt. - Eck) - RETAIN Open Space /Sphere of Influence (Eck & Hollingsworth) - RETAIN Performing Arts Center (Eck & Spiro) - RETAIN Public Safety /Civic Center (Hollingsworth & Gallagher) - CHANGE (formerly Hollingsworth & Hopkins) Regional Wastewater Advisory Committee (Eck, alt. Gallagher) - CHANGE (formerly Eck, alt. Hopkins) Regionalism (Hollingsworth & Gallagher) - CHANGE (formerly Hollingsworth & Hopkins) Rent Control (Eck & Reilly) - RETAIN School District /City ConTainications Committee (Spiro & Gallagher) - - CHANGE (formerly Spiro & Hopkins) Sonoma County Convention & Visitors Bureau/Wine Visitors Center - "(Hollingsworth & Spiro) - RETAIN Sonoma County Transportation Authority (Eck, alt. Gallagher) - CHANGE (formerly Eck, alt. Hopkins) Southwest Boulevard Shopping Center (Eck & Spiro) - CORRECTION (Hollingsworth, instead of Eck, was incorrectly listed on agenda) Stadium (Reilly, alt. Eck) - CHANGE (formerly Hopkins,alt.Reilly) State Budget update: City Manager Netter said, for informational purposes, copies were provided to Council of various items pertaining to the State budget and proposals that may be recommended for the 1993 -94 upcoming budget. He shared comments as reviewed in the Council Meeting Memo and were listed on the agenda as follows: 1) Information on meeting in Sacramento with legislators (attended by City Manager Netter and Councilmember Gallagher); 2) Governor Wilson and State Treasurer proposals; 3) Peace Officers Standards and Training (POST) reimbursement reduction per m dated De,- ar 23, 1992; and 4) Legislative Briefing Sessions. City Manager Netter and Councilmember Gallagher shared comments related to their attendance at the State Budget meeting in Sacramento last month and responded to various Council questions pertaining to same and as contained in contents of above- referenced items. Discussion followed. 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. City Manager Netter said he would like to bring Council's attention to several items on tonight's Communications List as follows: Item No. 6 from National League of Cities regarding shaping national economic recovery plan. Mr. Netter said he would draft a letter over the Mayor's signature for his review addressing this matter. Mayor agreed. Rohnert Park City Council Minutes (7) January 14, 1993 Item Nos. 11 & 15 from City of Santa Rosa regarding Long Range Wastewater Program. Councilman Eck confirmed he would be attending the referenced meeting for the Santa Rosa Subregional Sewage Treatment System Policy Advisory Committee on Wednesday, January 20, 1993. Item No. 16 from EIP Associates for City of Novato regarding public hearing notice for Hamilton Field Master Plan Draft Supplemental Environmental Impact Report on Monday, January 25, 1993. City Manager Netter asked if Council had additional ideas for input regarding this matter and said he would be happy to write a letter accordingly, or Councilmembers could respond individually, if desired. Item No. 22 from Sonoma County Agricultural Preservation & Open Space District regarding Draft Action Plan (Fiscal Year 1992 -93). City Manager Netter said copies were provided to Council of additional information recently received regarding the matching grant program connected with this plan. He shared contents therein and said it is anticipated that this Action Plan will be adopted early in February 1993. Item No. 47 from Planning Director Skanchy regarding Junk Yard at 4277 Snyder Lane. City Manager Netter said Planning Director Skanchy has advised that he contacted the County Planning Department regarding this junk yard. He received the explanation from the Code Enforcement Officer as reviewed in this memo with confirmation that the damaged vehicles and various scrap materials will be removed by the end of January, 1993. Councilmember Spiro referred Communications Item No. 23 from City Of Blythe regarding Desert Protection Act (5 -21 sponsored by Alan Cranston). She recommended that Council support the concerns expressed in this letter whereby the City of Blythe believes this is not the timmme to promote legislation that eliminates jobs and cuts revenues. Support of conservation is expressed in the letter, but City officials recognize the critical condition of the economy in California with jobs leaving the State at an alarming rate. The passage of this Desert Protection could have an adverse impact on the condition of jobs in California. Vice Mayor Reilly responded that there are reasons behind the need for the Desert Protection Act because of what is happening to the deserts. We are losing all the deserts because of what is permitted in certain industry and commlercial procedures. Council concurred to defer this item to the next Council meeting. Councilmember Spiro referenced Communications Item No. 52 from Associated Publishers, Inc. requesting civic leaders to issue proclamations for Afro- American History Nbnth during February 1993. A motion was made by Councilmember Spiro, seconded by Councilman Eck, and unanimously approved, for a proclamation to be prepared and adopted proclaiming February 1 through 28, 1993 as Afro- American History Nbnth. Rohnert Park City Council Minutes (8) January 14, 1993- Councilmember Spiro referenced copies provided to Council of letter dated October 28, 1992, received by City of Rohnert Park on December 17, 1992, from Colorado Springs Minority Coalition requesting support in freedom efforts to eliminate discrimination practices. She recommended a letter of support be sent acknowledging that this Council is in favor of non - discrimination. Discussion followed. Councilman Eck responded he was not certain he wanted to get involved in the particular complexities of the discrimination issues in Colorado Springs and it would be too far to travel to attend the planned events supporting the effort. Mayor Hollingsworth said a letter could just be directed over the Mayor's signature stating that to discriminate against anyone is not correct. Council Committee Reports: 1) General Plan - Council Committee Member Eck said copies were provided to Council of memo dated January 11, 1993 from the General Plan Subcommittee (comprised of himself and Mayor Hollingsworth), as reviewed in the Council Meeting Memo, regarding its meeting on January 5, 1993 and recommendations regarding the General Plan. He said that the Committee discussed completing the update General Plan within the existing City limits and spheres of influence, finalizing the housing element and re- crafting the City's annexation fee ordinance. He said the Committee will be meeting with the Chair and Vice Chair of the General Plan Committee and would report more after that meeting. 2) Sonoma County Convention & Visitors Burea u City Manager Netter said copies were provided items related to the status of Sonoma Bureau. He shared comments regarding Council Feting Memo. Relating to th e future funding, the Council Committee discussed in more depth after the City generated by the Wine Center and knows the State on the City's budget. (Hollingsworth/Spiro)- to Council of various County Convention and Visitors this matter as reviewed in the Bureau's request for possible has suggested this matter be i s more aware of the revenues what the impacts will be from 3) Garbage Committee (Eck & Gallagher) - City Manager Netter requested a Garbage Committee meeting in the near future. Mayor Holling�rth - At approximately 8 :35 p.m., Mayor Hollingsworth said it -would be leaves necessary to turn the meeting over to Vice Mayor Reilly as he had to leave at this time for the previous °r scheduled Mayors' and Councilmembers' meeting because of his r(- )onsibility to participate in a particular appointment. He asked if any Councilmember had comments pertaining to the Golden Gate Bridge Selection Committee. He said Councilmember Spiro has informed him that she would like to be on that Committee. Ccuncilmember Spiro said Brian Soble is the only one that has contacted her regarding this matter. Vice Mayor Reilly acknowledged that he would preside over the remainder of this Council meeting. Councilman Eck asked if the remainder of the agenda items could be referenced as informational material provided to Council in order to adjourn this meeting in time for the rest of the Council to also attend the above - referenced Mayors' and Councilmembers' meeting. Rohnert Park City Council Minutes (9) January 14, 1993 City Manager's Report: City Manager Netter items were basically of various materials reviewed at this time. confirmed "'A that the remainder of the agenda informational with copies provided to Council for same. The exceptions could be quickly Council agreed. P. G. & E. request to remove trees from Southwest Blvd. island: City Manager Netter said this item would be deferred to the next Council meeting of January 26, 1993. The Clarion - Closing of local newspaper: City Manager Netter referenced the recent closing of the Clarion and said representatives of the Sonoma Index Tribune met recently with Hugh Codding to discuss possibilities of continuing with a local paper. Discussion followed during which Council concurred the need for resolutions or proclamations in recognition of Clarion staff. Sonoma County Waste Management Agency (JPA): City Manager Netter reminded Council that its next meeting would be scheduled Wnday, January 25th, 1993 at 6:00 p.m. for a public work shop /session regarding the Sonoma County Waste Management Agency (JPA) creation of a wood waste and composting facility. Grand Jury Report: City Manager Netter referenced the Sonoma County Grand Jury Report recently distributed to Council and said there would be combined responses from Council, City Attorney, and staff. He said City Attorney would prepare his legal response and the other responses would be combined thereafter. The City has ninety (90) days to respond. This will be an item for a Council work session following receipt of City Attorney Flitner's report. City Attorney's Report: City Attorney Flitner said he had nothing to report at this time. Matters from Council: City Manager Netter said all the items printed on the agenda under Matters for Council were for informational purposes regarding times and dates of various upcoming meetings and occasions. Councilman Eck said he had one miscellaneous item. He said he received a hand - delivered letter just this evening from Geneva Trent regarding a Mobile Home Rent Appeals matter and requested copies be made and circulated to City Council and the Mobile Home Rent Appeals Board. City Manager Netter said the Rent Appeals hearing was finalized at $63.00. He said the information was in the process of being sent to Council and he thought this was going to be appealed by both sides. Rohnert Park City Council Minutes (10) January 14, 1993 Unscheduled Public Mayor Pro- Tenpore Reilly asked if anyone in the audience wished to Appearances make an appearance at this time. Holly Blue, 1312 Gold Way, asked about item No. 6 under the City Manager's report regarding gifts to the City in the amounts of $10,000 to the Department of Public Safety and $1,000 to the Animal Shelter from Ellen DeMartini. She asked if the $1,000 to the Animal Shelter was going to the Building Fund. City Manager responded the City does have a fund set up and he thought that was a good place for it. Keith Hallock, 1500 Baumgardner, Santa Rosa, Ca., said he had not followed the General Plan update and asked about the content of tonight's Council Committee report. Councilman Eck provided W. Hallock with his copy of the report. W. Hallock also asked if there was a reason why the Council meeting were not televised live since the record shows the meting were required to be broadcast live in the 60's. City Manager Netter responded that it has to do with the financial aspect because the premises are not wired to handle live televising nor is there proper equipment yet for doing so. Councilman Eck responded that there is money negotiated in the cable television contract and it is a matter of when we want to spend the money George Horwedel, 7669 Camino Colegio, responded to comment by Councilmember Gallagher regarding the Wednesday television showing of the City Council meeting being cut short, that he has also noticed other Council meetings being cut off before they were adjourned. City Manager Netter responded that the tapes appear to be recording correctly during the Council meetings and that he would check into the matter. Adjournment Mayor Pro- Terpore 6:40 p.m. � �-_ae44 - - De Cit Cler Reilly adjourned the meeting at approximately ry. -Lt l Mayor