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HomeMy WebLinkAbout1998/09/08 City Council MinutesRohnert Park City Council Minutes September 8, 1998 r The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6,750 Commerce Boulevard, Rohnert Park, with Mayor Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately 7:08 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak- Martinez, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Finance Director Harrow, City Engineer Gaffney, Planning/ Community Development Director Schulenburg and Public Works Manager Stephens. 1. BUDGET WORK SESSION & CLOSED SESSION: Mayor Linda Spiro reported that two other meetings were held this evening prior to this regular session regarding (1) a budget work session which commenced at 5:00 p.m. and (2) the closed session which commenced at 6:00 p.m. The closed session was held to discuss matters listed on the agenda attachment, representing an update, with no action taken at this time. 2. APPROVAL OF MINUTES: Corrections to previous meeting minutes were made by Council and signified on original sets of minutes. Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, the minutes of August 25, 1998 were unanimously approved as amended. Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, to reopen approval of the minutes of August 11, 1998 to add corrections as expressed (noting abstentions by Councilmember Mackenzie and Mayor Spiro due to absences as previously signified), said minutes were unanimously approved, as amended. 3. APPROVAL OF BILLS: Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, City bills presented per the attached list in the amount of $1,656,044.95 were unanimously approved. 4. ADDING INFORMATIONAL NON - AGENDAED MATTERS: Mayor Linda Spiro asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. -- Councilmember Flores signified an item to add regarding pet sanitary control. -- Councilmember Mackenzie signified one item to add under Matters from Council regarding Local Government Commission. -- Mayor Spiro signified two, or maybe three items to add, as one may be handled during one of the scheduled agenda items. Rohnert Park City Council Minutes (2) September 8, 1998 5. MAYOR'S PRESENTATION: Mayor Linda Spiro presented to Mr. A. A. "Jack" Read a Proclamation/Certificate of Recognition commending his outstanding performance as Coordinator of the XV Annual California Department of Corrections Summer Games. The Mayor shared contents of the Proclamation to Mr. Read and extended congratulations on behalf of the full Council. She advised that Mr. Read is a Rohnert Park resident and was singularly responsible for determined efforts toward getting the Summer Olympics to the local area. -- Mr. Read advised that the Department of Corrections is contributing about fifty computers from their school program for the inmates to several designated Rohnert Park schools that helped with the successful efforts of the Summer Games Olympics. -- Mayor Spiro also expressed appreciation to Mr. Read for the recent *$58A $5,000 donation he made to the Boys & Girls Club in Rohnert Park. *C O R R E C T 10 N ABOVE from 9/22/98 City Council meeting: Per Mayor Linda Spiro (deletion lined outtaddition underlinted) 6. YOUTH CITY COUNCIL REPRESENTATIVES from 1998 -99 Youth of the Year Program Youth Representatives Senior Marisa Eggering and Junior Corinna Cole provided the youth report which included: *Advised the 1998 -99 school year has started; classes have begun for approximately 2000 students; and clubs are holding meetings. ®Commended the second year of the current administration under Jan Gonzales with positive changes in school policy this year including a campus wide tardy policy; effective procedures for a school discipline code; and provision of new student planners. *Provided each Councilmember with a new student planner and described the beneficial aspects therein which included listings of useful phone numbers, clubs, academics, scholarships, grants, awards, policies, report card dates; monthly and weekly view calendars; helpful study tips and quotations throughout. Council commended the Youth Report and expressed appreciation for the student planners. 7. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time (limited to 3 -5 minutes per appearance with a 30 minute total time limit). 1) Carol DePaul, 1312 Garmont Court, and Diana Seale, 1313 Garmont Court, expressed concerns regarding a Residential Care Facility for the Mentally Challenged moving into Garmont Court on October 1, 1998, shared contents of their neighborhood bulletin listing these concerns, which was faxed to City Hall earlier today. Copies were distributed to Council, along with the memorandum from City Attorney Flitner reviewing provisions of Welfare & Institutions Code 115115, 5116, 5120 that it is state policy to allow mentally and physically handicapped persons to live in "normal residential surroundings" and precludes exclusions therefrom, thus, six or less "mentally disordered or otherwise handicapped persons" who live together in a residential zone constitute a "...residential use of such property for the purpose of zoning. " -- Discussion ensued during which Council requested the City Manager and City Attorney to check on relevant aspects of concerns expressed herein. 2) Joi Losee, 943 Holly, signified interest in commenting on items 13 & 14 listed later on the meeting's agenda. Rohnert Park City Counci Minutes (3) September 8, 1998 *C O R R E C T 10 N BELOW from 9/22198 City Council meeting: Per Mayor Linda Spiro (addition underlined/deletion lined out) 3) John Hudson, 399 Bonnie Avenue, expressed concerns related to a recent letter response from the Mayor to a designated City Council candidate using a public website during an election, and that it seemed that candidate should have the same options. - - Mayor Spiro signified, for the record, that she has never taken the opportunity on city time for such responses but she was tired of *untruthful accusations of being untrdthf6l. The business of her taking a fancy trip after a necessary bankruptcy is a complete fabrication. She apologized for ever calling him a liar when she lost her cool, but he was not telling the truth. Ms. Spiro commented that she did not initiate this communication to the designated candidate, but she responded that these people in the Public Safety Department put their lives on the line every day for us. With regard to making these comments from this public forum, Mayor Spiro signified she was responding because the speaker convinced her it is a city matter and she was now saying all of this for the record. 8. CONSENT CALENDAR Mayor Linda Spiro asked if there were any questions or comments regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. There being none, Mayor Spiro reviewed titles of the consent calendar items. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda Resolution Nos: 98 -169 AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SONOMA FOR SERVICES PROVIDED BY THE SONOMA COUNTY SHERIFF'S DEPARTMENT FOR EXPLOSIVE ORDNANCE DETAIL (EOD) (extends the agreement term through June 30, 2003) 98 -170 APPROVING AGREEMENT WITH OLD ADOBE DEVELOPMENTAL SERVICES, INC. (GADS) FOR JANITORIAL SERVICES AT THE PERFORMING ARTS CENTER 98 -171 CALLING FOR SEALED PROPOSALS FOR WATER/SEWER/GARBAGE BILLING CONTRACT 98 -172 REJECTING ALL BIDS, SNYDER LN. BIKE PATH, PHASE III, Project No. 1994 -7 98 -173 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, TRAFFIC SIGNALS - 1997, Project No. 1997 -1 98 -174 REJECTING THE CLAIM OF MARTHA GRINDAHL (re. alleged wrongful denial of appeal by Mobilehome Park Rent Appeals Board on Landlord Petition by affected homeowners of Rancho Grande Mobilehome Community Approval of Michael Miller application for Community Funds in the amount of $400 to assist with costs to attend the Goodwill Series in Bejing, China, August 8 -18, as recommended by the Parks and Recreation Commission at its meeting of August 24. Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Roheert Park City Council Minutes (4) September 8, 1998 9. PROPOSALS FROM YOUTH OF THE YEAR PROGRAM REPRESENTATIVES: 1) Request for Youth Member Representatives of the Month for Mayor, City Manager, & /or other Directors of City Departments - Recommendation *Council discussion /direction 2) Request for Major Pool Complex - Refer to Parks & Recreation Commission •Council discussion /direction Mayor Spiro noted that the Youth Representatives had left and suggested deferral of these items to the next Council meeting. Council agreed. 10. FISCAL YEAR END 1997 -98 FINANCIAL REPORT Finance Director Michael Harrow summarized this report dated September 1, 1998 provided to Council, as reviewed in the Council Meeting Memo, and responded to Council questions. Mr. Harrow signified that, basically, the City's budget was very favorable for the year. The final results of 1997 -98 were much better than anticipated. Revenues were over budget (favorable) by $1,414,147. Expenditures were under budget (favorable) by $389,076. This total favorable variance of $1,803,223 eliminated the need to use reserves to balance the General Fund in 1997 -98. Also, Measure M funds were transferred to the General Fund in the amount of $675,000 which represents Fire Benefit Assessments for the past two budget fiscal years. -- Council commended this report, shared cautions necessary for future budget projections, acknowledged the importance of infrastructure reserves and retention of staff added this year, and use of ten month projections for closer figures to tie into future projections. 11. SONOMA COUNTY WASTE MANAGEMENT AGENCY - Update City Manager Netter advised deferral of item #2 listed under this agenda title and that Angela Fogle, Management Analyst, would review item #1. Mr. Netter confirmed that the City of Rohnert Park has been a member of the Sonoma County Waste Management Agency since 1982. 1) Staff report on 5 -Year Progress Report -- Management Analyst Angela Fogle reviewed her staff report provided to Council for this item, with attached 1992 -97 Progress Report from Sonoma County Waste Management Agency, and responded to Council questions. Ms. Fogle advised that Rohnert Park has reached a 38% diversion rate since 1989 utilizing residential curbside recycling, commercial, recycling, residential yard debris collection, composting, wood waste reuse and public education. State law AB939 requires a 50% diversion rate by the year 2000. With many cities having no curbside recycling, green waste diversion or public education programs, Rohnert Park's accomplishments are admirable. The composting, woodwaste and public education programs were accomplished as a result of joint efforts of the JPA membership. Something to be proud of is that a sorting dock is being built by the agency in the future so unsorted waste will not be dumped into the landfill. There is more to do, such as efforts focusing on the untouched locations, i.e. multi- housing complexes, which do not have recycling services and need to be served and educated. Rohnert Park City Council Minutes (5) September 8, 1998 Discussion followed during which Councilmember Reilly requested responses to questions in the near future including wanting to know how they arrive at their measurements, are the school sites in Rohnert Park part of our waste stream, and would like to be able to understand how the state comes up with the numbers. -- Councilmember Flores commended the efforts to date noting it has been without the educational and recycling services for multi - family dwellings. -- Mayor Spiro referred to page 11 of the County's Progress Report, and asked if the hazardous waste facility is to be located at the existing county dump. - -Ms. Fogle responded that the proposed temporary storage can be kept at the location for a matter of weeks, above ground and protected in special containers until hauled away. - -Mayor Spiro requested an update in the future, if plans are to increase the size of the dump, due to concerns about the water they already have in that area. - -Ms. Fogle responded to Council question that a future report will be proposing action for Council's consideration. 2) Update on Compost Facility Site & Contract - DEFERRED 12. ROHNERT PARK WELLNESS CENTER - Health Care Campus Proposal (on City site) 1) Committee /Staff report (Spiro/Reilly) -- City Manager Netter reviewed the background for this item, which was attached to the staff report from Management Analyst Angela Fogle, outlining the preliminary work for the draft lease agreement. Mr. Netter also reviewed previous comments of City Attorney Flitner the gift of public fund issue, that the efforts of provisions in the lease justify not being a gift of public funds, as well as provide a break to the tenants for a period of time when there are no revenue flows. City Manager Netter advised that this item has been placed on this evening's agenda to provide the opportunity for additional review and to receive public comments. Mr. Netter indicated a public hearing will be scheduled on the next Council meeting agenda for further review, and introduced RPWC Representatives. 2) RPWC Representatives Bob Niklewicz John Blake and Christina Bell were recognized, reviewed efforts to date culminated over the past five years, and responded to Council questions related to changes taking place in health care over the past ten to twelve years, i.e. people are looking for different types of care changing from "fix me, I'm sick" to "I'm responsible for keeping me well ". Discussion included Council commending numerous aspects of this proposal as an exemplary, market privy model of a trend that is anticipated to continue into the 21st Century. This model will be the first community based platform, and is for a for -profit business, not a non -profit organization. It will provide additional revenues to the City with approximately $9 million projected over a 35 year period, and will provide a complimentary role with neighborhood providers. City Manager Netter, City Attorney Flitner and Management Analyst Fogle responded to additional Council questions related to aspects of the proposed lease agreement, General Plan provisions, EIR requirements, infrastructure costs, and wastewater capacity provisions previously established for this location. -- City Attorney Flitner clarified that RPWC would have good security on support of the lease in force, not on the location, so RPWC's financial arrangements would not involve encumbrance on city property. -- City Manager Netter noted for public information that the proposed lease agreement for this 9.9 acre site has language for the first right of refusal, with sole option provision of the City to allow RPWC to purchase in the event the City wants to sell, with a deed restriction that would never be removed that this location to always be for health care. Rohnert Park City Council Minutes (6) September 8,1998 C O R R E C T 10 N BELOW from 9/22/98 City Council meeting: Per :Mayor Linda Spiro (addition underlined /deletion lined out) Mayor Linda Spiro stressed the advantages of this Health Care Campus proposal for the Rohnert Park community, which has a *large levely- senior population, and reviewed a few of the descriptions targeted for approved health related services listed in the above - referenced staff report as follows: •Skilled Nursing Facility (99 -120 bed) *Residential Care Facility for the Elderly (assisted living) *Elder Care Services and Adult Day Care *Health Related Education and Research Center *Center for Integrated Medicine *Orthopedic and Neurological Rehabilitation Center *Women and Children's Community Health Center *Other Medical or Health Care Treatment Centers later approved by City Council (e.g. Cancer Recovery Center, Hospice, Alzheimer's Center) *Community Services Cooperative *Health related ancillary uses also permitted 1. A health related products store 2. A health related restaurant or food concession 3, A center providing child and/or adult day cares 4. Educational facilities such as classrooms, library, conference rooms, data processing services for research and public computer access to medical informational services 5. A fitness center for patients 3) PUBLIC COMMENTS: Mayor Linda Spiro opened the meeting to receive public comments at approximately 8:37 p.m. There being no one desiring to speak, the Mayor closed public comments at this time and acknowledged that a public hearing would be scheduled for this item during the next City Council meeting of September 22, 1998. 4) Results of Council discussion/action a) Main Lease Terms b) Naming of site in recognition of Martin Stone City Manager Netter signified that staff recommends naming the site in recognition of Martin Stone, since he was instrumental in providing this land to the City. Mayor Spiro and City Manager Netter acknowwedged speaking with Mr. Stone earlier on a conference phone call and that Mr. Stone expressed his pleasure and approval about this possibility. Discussion concluded upon motion by Councilmember Reilly, seconded by Mayor Spiro, with Mayor Spiro noting that she has been extensively involved in working on this proposal for eight years, to place the RPWC lease agreement as outlined this evening on the next Council meeting agenda for Council consideration of formal action. Upon motion by Mayor Linda Spiro, seconded by Vice Mayor Vicki Vidak - Martinez, and unanimously approved, to request the representatives of RPWC to provide a name for this site at the next Council meeting, and to send a letter to Martin Stone sharing aspects of tonight's discussion including the novelty that Council fought over the privilege of making the motion and the second for Council approval of this item, i.e. acknowledging that Councilmember Mackenzie kindly withdrew his second on the preceding motion so Mayor Spiro could do so, and the initial motion was split into two parts, so the Mayor could have the privilege of making this motion. Rohnert Park City Council Minutes f i September 8,1998 13. PROPOSAL TO ENACT ORDINANCE TO ITEMIZE POLITICAL CONTRIBUTIONS (JM) Councilmember Mackenzie reviewed his proposal for this item which included review of state law provisions under the Fair Political Practices Commission (FPPC), and recommendation that city require more complete recording of political contributions than is indicated by state law, through an ordinance amending the city's municipal code PUBLIC COMMENT: Joi Losee, 943 Holly, expressed agreement with this proposal. She signified that she thought the citizens of Rohnert Park would really like to know who is controlling elections in Rohnert Park, and that, if people do not want tot .11 o h rs about th_e'r political contributions it a arc t Y may hm Something to hide * C O R R E C T 10 N BELOW from 9/22198 City Council meeting: Per Councilmember Mackenzie (addition underlined) A motion was made by Councilmember Mackenzie, seconded by Councilmember Reilly, to proceed with adoption of an ordinance amending 12.64 of the City's Municipal Code to include two major concepts as follows: (1) that there be a complete disclosure of contributions to a campaign, requiring that all contributions, whether $1, $1000, or more, be recorded; and (2) concept to be added in those recordings that take place over 10 days *prior to the election date as it is the state requirement that contributions be recorded within the 24 hours, that the previous requirement that contributions of $1000 or over be recorded within 24 hours, be applied to contributions of $100 or over, as it is clear that a large number of funds come in under the $100 minimum and it is also clear that after elections, it is a frequent practice that sums of $900 be contributed, and the election has already taken place before those have to be reported. Discussion of the motion included comments as follows: •Councilmember Flores signified that if we were in a perfect world, this would not even be up for discussion, but the realities are that individuals contribute to causes and campaigns. Mr. Flores commented that if individuals are required to record contributions of under $100 and, therefore subject to personal tax, realistically, it may deter those contributions, so he would not be supportive of requiring individual reporting of amounts under $100. As far as the second aspect with respect to amounts, the large amounts are certainly subject to be recorded, but he would not be in support of $100 or less, which is in compliance with FPPC state law. •Councilmember Mackenzie clarified that in the second part he did say $100 or more. •City Manager Netter requested Council to consider concerns regarding feasibility of enforcement, if Council adopts to change the standards from those signified in state law. *Vice Mayor Vidak - Martinez expressed her support of state law commenting that candidates have platforms, but the idea that money sways, goes with much higher politics. She shared the example of her surprise of citizen interest when she walked neighborhoods for campaigning. She supported state law requirements for reporting large contributions, especially in light of the City Manager's preceding comments regarding enforcement. *Mayor Linda Spiro signified that she did not believe the amount of contributions is that significant, however, some people want to donate anonymously. Ms. Spiro gave the example of telling people that up to $99 is the amount they do not have to report, so in fairness, she could not support something that would intrude on the privacy of an individual. Mayor Spiro signified further that there are any who choose to contribute to everyone's campaign as an option to support the election process, so she supports the state law that is in place for political contributions. •Councilmember Reilly referred to the comment made earlier that "if we were in an ideal word, this would not even be up for discussion ", and signified, however. that there are those who make careers out of being politicians verus officials. Mr. Reilly shared that he does not like the politics game and did not think that what Councilmember Mackenzie is asking is out of line, nor will it dissuade people from giving, In fact, others might give more knowing full disclosure is required. Mr. Reilly reviewed further reasons including the interesting times with national politicians; this opportunity to take the lead and show state officials how this can be done; and that it is time to stop anonymity. • *Councilmember Flores expressed support of reporting on amounts of $500 or more before an election to which Vice Mayor Vidak - Martinez signified she too would support the $500 amount. * C O R R E C T 10 N ABOVE from 9/22/98 City Council meeting: Per Vice Mayor Vidak - Martinez (addition underlined) The above motion failed 2 -3, with Councilmember Flores, Vice Mayor Vidak- Martinez, and Mayor Spiro dissenting due to supporting state law that is in place for this item. [Rah- oert Park City Council Minutes (8) September 8-1 —19"-] 14. PROPOSAL TO AMEND SIGN ORDINANCE FOR POLITICAL SIGN LOCATIONS QM) Councilmember Mackenzie reviewed reasons for recommending clarification of this item. He signified that, under the same proposal for ordinances above and as previously discussed by Council, there was clearly confusion during the past election on where campaign signs may and may not be posted. PUBLIC COMMENTS: Joi Losee, 943 Holly, expressed support of the above proposal and shared examples of confusion on the location of campaign during the last election. She recommended a standard report for complaints to be filled out, with date and action taken as to when sign are removed. She commented that the citizens of Rohnert Park would prefer to have control and they want fair play and do not want signs in wrong places or to take advantage of others. Ms. Losee shared that the Doubletree no longer allows political signs on its premises. A motion was made by Councilmember Mackenzie, seconded by Councilmember Reilly, that City Attorney Flitner be requested to draft an amendment to Rohnert Park's sign ordinance that would require a map to be kept by the City of Rohnert Park clearly stating where political signs may be posted, and be made available to organizers of campaigns in . this city. Councilmember Mackenzie maintained his motion as stated with acknowledgment of requirement already established for the city to enforce the sign ordinance through normal complaint proceedings. Discussion of the motion included: •Mayor Spiro expressing concerns about enforcement with the example of county rules, which the county does not enforce, and information the county shared with her that Caltrans is also a problem and enforces only if it causes a hazard. She signified other concerns related to being a political system and, also that sign companies are hired to put up the signs and have a data bank which creates further complications for enforcement. Mayor Spiro did not support providing more staff time to enforce additional requirements for political signs. *Vice Mayor Vidak - Martinez expressed support of giving clarification of the political sign locations, which is what she understood Councilmember Mackenzie was requesting. *Councilmember Flores commented on looking at situations for campaigns and efforts to improve the process. He expressed support of Councilmember Mackenzie's suggestion for a map as it does make the political sign locations more clear. *Councilmember Mackenzie responded to Mayor Spiro's request for clarification that enforcement would basically take place through the normal process which is a management system, and that he was just asking for a map within the city to clarify where campaign signs can be placed. The above initial motion for this item was maintained and unanimously approved. Rohnert Park City Council Minutes (9) September 8, 1998 15. SONOMA COUNTY WATER AGENCY (SCWA) - Draft Water Conservation Plan City Manager Netter referred to the staff report dated September 3, 1998 from City Engineer Gaffney for this item and signified this was provided to respond to Council question presented at the previous Council meeting. -- City Engineer Gaffney reviewed the staff report. He advised that the Draft Water Conservation Plan, prepared by the Sonoma County Water Agency, is a suggested list of measures to assist Rohnert Park in reaching the water conservation goals laid out in the Draft EIR for the Water Supply and Transmission System. By adopting the Plan, the City becomes eligible for additional funding to reach those goals. Any future decisions on actual implementation of the measures in the Plan will be left to the Council. Staff recommends adoption of the Plan. City Engineer Gaffney responded to Council questions related to this item. Discussion followed. Resolution No: 98 -175 APPROVING THE DRAFT WATER CONSERVATION PLAN OF THE SONOMA COUNTY WATER AGENCY (SCWA) Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, and unanimously approved, with acceptance of friendly amendment by Councilmember Reilly to add a response that implies the City Council is not looking favorably on water meters and is not going to be one of its first priorities, reading was waived and Resolution No. 98 -175 was adopted. RECESS: Mayor Linda Spiro declared a recess at approximately 9:25 p.m. RECONVENE: Mayor Spiro reconvened the Council meeting at approximately 9:35 p.m. with all Councilmembers present. 16. OPEN SPACE PARK ADJACENT TO PERFORMING ARTS CENTER City Manager Netter advised that this item was deferred from the previous two Council meetings to enable full Council attendance and consideration. Mr. Netter referred to plans on display, reviewed the background and the previous staff analysis /report provided to Council, as summarized in the Council Meeting Memo. City Manager Netter signified that staff's recommendation was to leave the options open and that it may be best to pass on the Open Space District's conditional offer. Councilmember Flores commented that he has been a strong advocate from the beginning of developing this site as a park site to compliment the Callinan Sports Center and the Dorothy Rohnert Spreckles Performing Arts Center. He agreed that an extensive effort should be made to market both more effectively, as City Manager Netter indicated, including the need for a commercial site for advertising. Mr. Flores signified the importance of developing a park at this site as the best possible use and could not see a direction in the next ten years to do anything other than that, but in order for options to be available to future councils, it would be prudent to keep options open. Rohnert Park City Council Minutes (10) September 8, 1998 A motion was made by Councilmember Flores, seconded by Councilmember Mackenzie, to decline the offer from the Open Space District and develop the park from city resources. Discussion of the motion included: *Councilmember Reilly indicated he was going to honor the action the last City Council took after wrestling with this and concluding that the open space park was the best decision. Mr. Reilly agreed with Councilmember Flores to develop the nark post haste_ but recognized a number of other parks needing development, so with the opportunity to receive funds from the Open Space District, recommended considering the resolution prepared for this purpose. •Mayor Linda Spiro asked if Councilmember Reilly had the opportunity to review the full Open Space District report, as she and Councilmember Mackenzie had reviewed it and was the reason for wanting to decline the offer. •Councilmember Reilly commented on the possibility of an improved parking area or a coffee house, as previously mentioned, but did not think either of those would be a better use for this site than the park. He acknowledged that he had reviewed the Open Space District summary and there was nothing in it that changed his mind. •Councilmember Mackenzie signified that he had no allegiance to the vote of the previous Council; did not think this was a particularly strong proposal for open space in and of itself, and would not want to be tied into that particular use of the land, so his second to the motion still stands. Councilmember Flores retained his above motion to decline the Open Space District offer, but agreed to remove from the motion consideration of using city funds for the park, seconded by Councilmember Mackenzie, was approved 4 -1, with Councilmember Reilly dissenting. A motion was made by Mayor Linda Spiro, seconded by Councilmember Flores, to authorize the expenditure of city money to set up the park as a passive /reflective park for residents, including a place in the park for the Japanese lantern gift the city has had for some time, then when or if there is something else to do with the land, the city still has that option. Discussion of the motion included Councilmember Reilly indicating that he was not going to support the motion due to not knowing how long it was going to take to build the park and, also, because Council recently denied spending for other parks. -- Mayor Spiro responded that her motion did not indicate when and she would expect staff to provide reports on funding possibilities. Mayor Spiro added to her above motion to proceed, to include directing staff to provide Council with all the pertinent facts for funding possibilities, seconded by Councilmember Flores, was approved 3 -2, with Councilmembers Mackenzie and Reilly dissenting. Rohnert Park City Council Minutes (11) September 8, 1998 17. PLANNING AND ZONING matters: 1) File No. 1799 - Wilfred/Dowdell Specific Plan - 24+ acres West of U S 101 *Staff report re. EIR and Development Agreement -- Planning Director Schulenburg explained the staff report provided for this item, as summarized in the Council Meeting Memo, and responded to Council questions. Ms. Schulenburg confirmed that staff recommends adoption of the resolution presented for Council consideration. City Attorney Flitner signified that an agreement has been developed for reimbursement with most of the property owners but recommended a provision for the others for reimbursement to the city should be spelled out in the resolution. Resolution No: 98 -176 AWARDING CONSULTING CONTRACT WITH PARSONS HARLAND BARTHOLOMEW & ASSOCIATES FOR PREPARATION OF A SPECIFIC PLAN, ENVIRONMENTAL IMPACT REPORT, AND DEVELOPMENT AGREEMENT FOR THE WILFRED/DOWDELL SPECIFIC PLAN Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with revision of reimbursement provision to the City, as recommended above by the City Attorney, and also to include in the motion that this is not to be for profit, as recommended by the City Manager, reading was waived and Resolution No. 98 -176 was adopted. 2) File No. 1443 - Proposed Site Plan Modification to the Park Plaza Shopping Center for Safeway - (Called up by Mayor Spiro) a) Mayor's comments -- Mayor Linda Spiro referred to plans on display and reviewed her concern pertaining to the potential safety hazard from the traffic problem in the area at the northerly driveway. Ms. Spiro expressed support of the expansion plans but wanted the northerly traffic problem rectified. b) Staff review -- Community Development/Planning Director Schulenburg reviewed the staff report provided for this item and responded to Council questions. c) Council discussion/direction -- Council concurred staff should work with the property owners to mitigate the concerns expressed herein and report back to Council on the results of these efforts. EXTEND COUNCIL MEETING: Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, and unanimously approved, the meeting was extended past 10:00 p.m. to finish necessary agenda items. Rohnert Park City Council Minutes (12) September 8, 1998 18. COUNCIL YEAR 2000 PROJECT ylatters pertaining to & /or related to the General Plan process, if any - Procedure recently instituted by City Council - Any Councilmember may agendize items for action &/or discussion by generic title related to this project 1) City Manager's recommendation for General Plan Process, Tim6ne QQals. Facilitators, Prolect Teams, etc _ City Manager Netter commented on the goal previously signified by Council to have valid language for this item ready for the year 2000. Mr. Netter stressed the importance of staying on schedule to complete this effort in a timely fashion, reviewed his memorandum of September 4, 1998 provided to Council for this General Plan Process, with referral to the tentative schedule on display and charts outlining options to consider for this process via overhead projector (these items were also attached to above - referenced memorandum). 2) Council discussion /direction -- Council commended the City Manager and other staff involved for efforts on this report. City Manager Netter responded to Council comments which included confirming the importance of considering how the summit dovetails with this effort and having the participants be a part of the process. Mr. Netter referred to recommending the Project Team be comprised of himself, Assistant City Manager Leivo, Community Development /Planning Director Schulenburg and City Engineer Gaffney, and emphasized that this has to be a priority in order to meet the above - reviewed timeline. Council concurred and also signified agreement with statement by Councilmember Flores that the Council is committed to the success of this project and it is the desire of this Council for it to be successful. Resolution No: 98-177 COUNCIL APPOINTMENTS AND AD -HOC GENERAL PLAN OVERSIGHT COMMITTEE OF TWO COUNCIL MEMBERS AND TWO PLANNING COMMISSIONERS Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, to indicate Vice Mayor Vidak - Martinez and Councilmember Mackenzie as the above - titled Council Appointments and that each be allowed to designate a Planning Commissioner for said Committee, with acceptance signified by both and designating their nominations appointed to the Planning Commission of Shawn Kilat (JM) and Greg Nordin (VVM) to be invited to accept these appointments, reading was waived and Resolution No. 98 -177 was adopted. Discussion during the motion included Councilmember Mackenzie expressing further appreciation to the City Manager and other staff involved in the preparation of this, noting that it was relatively easy for him to consider the timeline when he made the request without knowing all that was involved. Mr. Mackenzie signified that this is certainly responsible to the proposal he presented earlier this summer; he was very comfortable with it; there are provisions to ensure public participation; it allows the team, once assembled, to consider different options, etc.; and he was very pleased to serve on this group. Vice Mayor Vidak- Martinez signified that she was also very glad to serve on this committee. Rohnert Park City Council Minutes (13) September 8, 1"8 Resolution No: 98 -178 AGREEING TO PREPARE A REQUEST FOR QUALIFICATIONS (RFQ) FOR GENERAL PLAN PROCESSES Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez, and unanimously approved, reading was waived and Resolution No. 98 -178 was adopted. Discussion included Mayor Spiro urging no slippage on the date of sending out this letter and noting that Council has signified agreement not to support any groups going against this. 19. PROCEDURES ON STAFF RESPONSES to: 1) Citizen inquiries sent through communications 2) Citizen inquiries at Council meetings Mayor Spiro noted that the citizen asking about this item left the meeting earlier. City Manager Netter expressed approval of the current procedures. He responded to the Mayor's question that these procedures could be clarified in writing. Council agreed. 20. COUNCIL COMMITTEE & /OR OTHER REPORTS: 1) Canon Manor meeting with Supervisors (VVM)- -Vice Mayor Vicki Vidak - Martinez reported on this meeting with the good news that 18 people attended including residents of Canon Manor, Supervisors Tim Smith and Jim Harberson, representatives of the Sonoma County Water Agency, and City staff. Discussion included learning that there are a great number of lot sizes involved; review of land and waste water issues, of which Rohnert Park cannot give up any of its capacity; and the reality of having to wait until the subregional wastewater system is expanded. During that time, representatives of Canon Manor will need to come together and make decisions about what they want to do. -- City Manager Netter signified that discussion included a recommendation to Canon Manor residents to hire a land use specialist attorney. From a phone call received earlier today, Mr. Baldocchi notified the City Manager that he has talked to a land use attorney. 2) Rohnert Park/Cotati Library Steering Committee (AF /JR)-- Councilmember Flores signified that as one of the Council Liaisons to this Committee, he attended the Sonoma County Library Commission meeting of September 2, 1998. Mr. Flores reviewed his written report distributed to Council on the results of this meeting as follows: Lynne Conde related the activities of the Steering Committee to the Commission. Her focus was that the beautiful facility of 1976, that served a population of 9,000 was no longer functional. There is a need for a new facility that is capable of housing a large collection of materials and that is capable of providing state -of -the -art technological services. -- Judge Joseph Murphy, Chairman of the Commission, voiced support for the mission of the Committee and stressed the need for a community effort and partnership with the cities in order to have a successful project. The Commission will formally schedule consideration of the Steering Committee program in order to determine the specific role of the Commission. -- Commission Executive Director, Roger Pearson, spoke of the extensive cooperative efforts in the early 1970's that resulted in the construction of the 1976 facility. he is supportive of the Steering Committee and will help to realize the goal of a new community library. Roh�rt F--irk City Council Minutes (14) September 8, 199& 3) Mobile Home Park Rent Board issues (AF /JR) -- Councilmember Flores distributed his written report dated September 8, 1998 for this item on the recent Committee meeting held with City Attorney Flitner and representatives of the mobile park owners toward resolving outstanding issues. They are waiting to hear from the mobile home park owners on the items reviewed. Concerns included the state of relations between owners and residents. Mr. Flores signified that it is the Subcommittee's intent to meet and listen to all parties, request suggestions for improvements to try and resolve these concerns, and commented that they deserve a period of peace to endeavor to enjoy the community. The Subcommittee will provide periodic progress reports to the City Council. 4) Local Government Commission meeting (JM) -- Councilmember Mackenzie advised he planned to attend the Local Government Commission meeting to be held this weekend. 21. 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. Mayor Linda Spiro referred to item #14 listed on communications from U. S. Conference of Mayors regarding active participation in National Breast Cancer Awareness Month, which is observed in October.. Mayor Spiro requested preparation of a resolution or proclamation from the Council for this item. Council agreed. 22. MATTERS FROM/FOR COUNCIL: 1) Mayors' & Councilmembers' Association meeting, Healdsbur Thrs , Sept 10, 1998 Mayor Linda Spiro announced this meeting, which she and Councilmember Mackenzie acknowledged their plans to attend. 2) Veterans' Day Event (JR) City Manager Netter signified that this item was brought forward from previously flagged Council meeting reminders, and was an idea Councilmember Reilly inquired about last fall. Discussion included recommendation by Councilmember Reilly for staff to contact local veterans groups to see what they have planned for events and recognition of Veterans' Day, which is on November 1 lth this year, so the City Council can be involved and announce its support, and/or if so desired, maybe invite representatives of the local veterans to come before the Council to review their plans. Council concurred. 3) Founder's Day Event-Parade/Building Bridges Committee for Event at A Park Sat.. 9/26/98 City Manager Netter acknowledged the efforts of Public Works Manager Bill Stephens for the event and reviewed the staff report listing the numerous groups to be involved and possible activities being considered. 4) City Offices Closed - Labor Day, Mon., 9/7/98 & Admissions Day, Wed 9/9/98 Mayor Linda Spiro made this announcement. Rohnert Paris City Councii Minutes (15) September 8, 1998 5) Pet Waste in Parks -- Councilmember Flores commented on the unsanitary conditions of pet waste in our parks which has been a concern of many residents. He recommended referral of this matter to the Parks and Recreation Commission to consider a recommendation to Council on the possibility of needing to revise the City ordinance for animal control. Council concurred. 6) League of California Cities' 1999 Annual Conference Program Planning; Committee Mayor Linda Spiro referred to recent letter from the League of California Cities requesting appointments for this committee and asked if any Councilmember was interested in being designated for this appointment. Council comments signified that their busy schedules prevented participation or attendance at the meeting tentatively scheduled for this item on October 4th, at the end of the 1998 Annual Conference in Long Beach. Mayor Spiro responded that regrets would be forwarded with the notice that a Rohnert Park designee for this committee was not appointed. rCORRECTION BELOW from 9/22/98 City Council meeting: Per Mayor Spiro (addition underlined) 7) Truck Routes -- Mayor Linda Spiro referred to�review of concerns on semi- trucks in neighborhoods at the previous Council meeting. Me expressed appreciation to City Engineer Gaffney and staff for the prompt attention to this matter and for the simple solution indicated at a meeting she understood was held earlier todayV *Mayor Spiro signified that she also requested staff to check on another situation regarding large trucks drivin through residential neighborhoods in the vicinity of SSU. MOO 8) Census Preparation Activities -- Mayor Spiro referred to letter of September 3, 1998 from the U. S. Conference of Mayors urging support of Congress providing full funding for census 2000 preparation activities. She requested placement of this on the next Council meeting agenda for consideration. 9) Ceremonial City Council Meeting in December 1998 -- Councilmember Mackenzie advised his work will require him to be in Washington D.C. on Tuesday, December 8th which is the usual date for this year's Ceremonial Council meeting for swearing in the new Council and Mayor and Vice Mayor selections. He asked whether this meeting could be held on Monday, December 7th, or another date when the full Council is available as he did not want to miss this meeting. Council agreed to place this on the next Council meeting agenda for consideration. 23. CITY MANAGER'S REPORT: 1) Council/Department Head Team Strategic Plan Meeting - Visitor's Center, 6:00 - 9:00 p.m., Tuesday, October 6, 1998 -- City Manager Netter announced this meeting and referred to discussion of Council schedules reviewed earlier during this meeting. 2) Free Fridgy Night Program - Changes/update -- City Manager Netter reviewed the staff report dated August 31, 1998 to Interim Director Ron Mikalis from Recreation Coordinator Amanda Houseman on this item provided for Council's information. 3) Teen Center - Santa Barbara Drive - update -- City Manager Netter advised the staff report dated September 3, 1998 from Housing Services Specialist Diane Tomkins was provided to Council for this item. -- Mayor Spiro expressed concerns in regard to building on CDBG grant and then raising money. She signified that further consideration is needed before spending $200,000 on the building remodel, if there is hesitation on the operating funds coming forward. Council concurred to agendize this for further discussion. Rohnert Paris City Council M wtes (16) September 8,1998 4) Welfare to Work Program - update -- City Manager Netter reported on his communications with Cecelia Belle, Executive Director of Sonoma County Associates for Youth Development (SCAYD), and reviewed letter of August 31, 1998 from Cecelia Belle requesting a letter of support from the City for SCAYD's application to the Sonoma County Human Services Department to provide Post - Employment and Community Service Placement services in the Rohnert Park and Cotati communities. This is part of the Welfare - to -Work Program for our county. Council concurred. 5) Update on Truck Routes - Update -- City Manager Netter acknowledged that this update was provided earlier with the Mayor's comments under Matters from Council. Mr. Netter signified that the City Engineer is in the process of working on the signs and other efforts related to this matter. 6) Bus Shelters - Update -- City Manager Netter referred to discussion of this item at the previous Council meeting and to more recent letter of August 28, 1998 from Sonoma County Transit regarding continued efforts to work with the City of Rohnert park to identify locations for new passenger waiting shelters and to evaluate shelters which may need to be removed or relocated. 7) Economic Development Conference - Aug. 26 -28 1998 -- City Manager Netter reviewed highlights of this beneficial conference in Monterey which he recently attended with Assistant City Manager Leivo, Planning Director Schulenburg and Building Official Braun. 8) Calif. Assn. for Joint Powers Authority (CAJPA) REMIF, Sept 23 -25 1998 City Manager Netter advised that, as a Board Member, he would be attending this meeting. 9) Microphones -- City Manager Netter advised that the additional microphones for the Council Chamber are on order and should be installed for the next Council meeting. 24. CITY ATTORNEY'S REPORT: 1) Any items from closed session City Attorney Flitner advised the Mayor's report on the closed session was sufficient. 2) Brown Act as it relates to Library Committee City Attorney Flitner advised that this item was reviewed in closed session and that his memorandum of September 2, 1998 regarding same was provided to Council. 25. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro asked if there were any additional unscheduled public appearances at this time. No one responded. 26. ADDITIONAL MISCELLANEOUS MATTER: Councilmember Flores referred to recent letter received from City Attorney Flitner which needs to be agendized soon regarding plans for an appropriate ceremony for Shakespearean Poetry. Council agreed. ADJOURNMENT: There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 11:08 p.m. to convene the Community Development Commission meeting, which is to be adjourned to 5:00 p.m., September 22, 1998 for 1998 -99 Budget Work Session for the Community Development Commission of the City of Rohnert Park. I �. W�j OP Linda Spiro, Mayor