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1998/10/13 City Council MinutesRohnert Park City Council Minutes October 13, 1998 The Council of the City of Rohnert Park met this date in regular session commencing at 8:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately 8:00 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak - Martinez, 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, Director of Public Safety Rooney, City Engineer Gaffney, Planning & Community Development Director Schulenburg and Public Works Manager Stephens. 1. WORKSHOP on CAPITAL FINANCING OPTIONS & CLOSED SESSION: Mayor Linda Spiro reported that a workshop on Capital Financing Options was held this evening from 6:00 to 6:30, prior to the closed session. City Manager Netter signified that the staff report was provided at the workshop from Finance Director Harrow regarding Stone & Youngberg's outline of a plan for proposed financing for capital improvements, such as the Civic Center/Phase II and Library/other redevelopment projects. He advised the Council requested review and presentation of this item on its next regular meeting agenda. Mayor Spiro advised that the closed session commenced this evening at 6:30 to discuss matters listed on the agenda attachment, representing an update, with no action taken and nothing to report at this time. 2. APPROVAL OF MINUTES: Corrections to the previous meeting minutes were made by Council and signified on original set of minutes. -- Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, the minutes of September 22, 1998 were unanimously approved as amended. 3. APPROVAL OF BILLS: Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, City bills presented per the attached list in the amount of $2,233,418.78 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 Reilly signified four items to add regarding (1) interest on rental deposits, (2) procedure for responses to calls referred to the Department of Public Safety, (3) street sweeping and (4) progress on ADA (Americans with Disabilities Act) for doors and other areas that need to be upgraded, -- Councilmember Flores distributed his memo listing two items for the October 27th Council agenda regarding (1) preliminary sale approval of hospital site to Wellness Associates and (2) Director's report of the Sonoma County Transportation Authority (SCTA) October 12th meeting. Rohnert Park City Council Minutes (2) October 13, 1"8 5. YOUTH CITY COUNCIL REPRESENTATIVES from 1998 -99 Youth of the Year Program Youth Representatives Senior Vivian Snyder and Junior Melissa Canning provided the youth report, which included: the 1998 Homecoming Game will be on Friday, October 16th and the Homecoming Dance will begin at 8:00 p.m., Saturday, October 17th. AGENDA ORDER: Due to the lateness of the hour, Council agreed to move agenda item #7 forward for handling at this time, as a courtesy to representatives present at this meeting, beginning with the presentation to Eagle Scout Hamilton. 7. MAYOR'S PRESENTATIONS: Mayor Linda Spiro shared contents of recognition documents and made presentations as follows: •Proclamation Honoring Eagle Scout Frederick Lee Francis Hamilton, Jr. *Recognizing efforts of Sonoma County and the Dove Project for the Domestic Violence Education Program and Presenting Resolution Proclaiming October as "Domestic Volence Awareness Month" RETURN TO ORIGINAL AGENDA ORDER: The meeting returned to original agenda order. 6. SCHEDULED PUBLIC APPEARANCES: 1) Reverend Sam Tharpe re Annual Thanksgiving Dinner In the absence of Reverend Tharpe, Council concurred with recommendation by Councilmember Reilly to contribute $500 toward this event, as in years past. Council also agreed with recommendation by Councilmember Flores to invite Reverend Tharpe to the next Council meeting of October 27th for further review of this year's efforts for the Annual Thanksgiving Dinner. 2)' Friends of the Rohnert Park - Cotati Library re new Librm proposal Olwen Peterson, President of Friends of the Rohnert Park - Cotati Library, shared contents of letter provided to Council which included: (1) appreciation to Council for continued support including recent painting improvement of the library and, also, for providing their portable storage space; (2) concerns about the current inadequate library facility and the need for a facility that meets the needs of the community; (3) request that in the event of the sale of the city land, the money be designated specifically to fund a new library construction or present library expansion to meet community needs, with the belief that it is in the best interests of the patrons of the Rohnert Park - Cotati Library that it be a separate facility distinct from any other enterprise or city office; and (4) the understanding that there are other ideas being considered with regard to the library and their feeling that other viable options should be explored before the final decision is made. -- Mayor Spiro expressed appreciation for these comments and for the community service performed by the Friends of the Rohnert Park - Cotati Library. Rohnert Park City Council Minutes (3) t?d er 13, 1 98 3) Joi Losee re. Cost of Measure A -- Joi Losee signified that she initially requested this time on the agenda. Paul Stutrud was listed when the agenda was published, as Ms. Losee anticipated being out of town for personal business. She returned sooner than expected and was able to attend this meeting. Ms. Losee expressed concerns about being a senior citizen on a fixed budget and hoped that something like Measure A (June 1998 Urban Growth Boundary ballot measure) never happens again, which would have overthrown Measure N (November 1996 Urban Growth Boundary ballot measure). She reviewed cost comparisons of the two measures, with the previous Measure N at approximately $6,000 and efforts to defeat it by Measure A at approximately $52,000. Ms. Losee signified that the people made it clear by election results and during the Community Summit of October 1997, in which she participated. She expressed further concerns about not understanding the politics of Rohnert Park, aspects of the Hudson Report distributed earlier this year, and the political race between the two different sides of the issue. Ms. Losee reviewed previous memo from Councilmember Flores proposing Measure A and signified her concern regarding how Measure A came to be a ballot measure, when the people had spoken on Measure N. She referred to the previous memo from the City Manager's Office on the cost of Measure A and questioned the cost of the law firm in Los Angeles with Attorney Sohagi when the City ordinance signifies that the City Attorney shall prepare all ordinances. Ms. Losee referred to various items provided for verification of above - referenced costs for Measure A and concerns including a previous newspaper article, a bill to the City from the Sonoma County Elections Registrar of Voters Office for $27,856 and the memo from the City Manager's Office listing the costs which included the City Attorney at $2,400, Attorney Sohagi at $18,672, Assistant City Manager Leivo at $2,984, and County Elections bill at $27,856, for the total amount of approximately $52,000. * Ad.,.,,... T .—,7.. C.,.. -- _._­.1 a1 _ �L_ _t____ _____._ t t It . , ,• *C O R R E C T 10 N from 10/27/98 City Council meeting: Per Councilmember Reilly & Mayor Spiro (deletion lined out) 4) Lynne Conde, Chairperson Citizen Steering Committee for a New LibrW *Visit to "State -of- the -Art" Aliso Viejo Regional Library in Orange County Lynne Conde shared contents of her memorandum attached to informational material provided to Council for this item. Mrs. Conde provided a video presentation of the recent visit on October 2nd by their group, accompanied by Councilmember Flores, to the "state -of- the -art" Aliso Viejo Regional Library in Orange County. Mrs. Conde's comments, with reference to the Council considering the sale of the hospital site for a Wellness Center, urged the approval of this sale to result in the provision of the first major allocation of funds for the new library, as this would greatly assist in their goal of completing a timeline process which includes a 1 -year planning phase and a 1 -year building phase. Discussion included recommendation by Mayor Spiro that a workshop be scheduled for more extensive review of this item on the next Council agenda. Council concurred. Councilmember Flores referred to comments by Mrs. Conde commending people working together in the community on this effort, and signified that he has also been privileged to work with others in the city on library efforts, including Mr. Fredericks and Mrs. Peterson. 7. MAYOR'S PRESENTATIONS: This item was handled earlier on the agenda. Rohnert Park City Council Minutes (4) October 13,1998 8. 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) William Davis, 1505 Mallory Place, as a resident of seven years, expressed support of the need for a new and expanded library in the Rohnert Park - Cotati area, and offered his professional experience in communications graphics and multi -media to help bring about this important undertaking. 2) Chris Slotten, 599 Racquet Club Circle, signified that his expertise is recycling, as the maintenance person at the Sonoma Racquet Club. Mr. Slotten reviewed beneficial aspects of multi - family units recycling as a profit center and that the key to the success of this effort is on -site management. He signified that since the city does its own billing, it would be possible for the city to capitalize on this. He referred to a recent newspaper article expressing enthusiasm for recycling efforts and, also, to the first of the newsletters he created in the past with comparative graphs and goals consistent with current times. Mr. Slotten signified that he brought this forward at this time for informational purposes and was available for further discussion. 3) Charles Kitchen, 4457 Hollingsworth Circle, expressed concerns about the individual making presentations for proposing the new library facility at the last several Council meetings. He questioned why this was so much in the public and asked about the possibilities related to elections or running for office and made comparisons to designated contributions against Measure N. Mr. Kitchens signified that his suspicions may be wrong but he wanted to mention these concerns. -- Councilmember Flores commented that Mrs. Conde has the communities best interests in mind and that Councilmember Reilly and he are on the committee and both are advisors to the Steering Committee for a New Library. 9. CONSENT CALENDAR Mayor Linda Spiro asked if there were any questions or comments regarding matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Councilmember Mackenzie requested pulling Resolution No. 98 -190 for discussion. City Manager Netter signified the need to pull Resolution No. 98 -196 for comments. Mayor Spiro reviewed the titles of items listed on the Consent Calendar. Acknowledging City Manager /Clerk's report on posting of the meeting's agenda Accepting Cash/Investments Final Report for Fiscal Year End, June 30, 1998 Resolution Nos: 98 -191 DESIGNATING OCT. 25-31,1998 -WORLD POPULATION AWARENESS WEEK" 98 -192 HONORING CARNEY J. CAMPION ON THE OCCASION OF HIS RETIREMENT AS GENERAL MANAGER, GOLDEN GATE BRIDGE, HIGHWAY & TRANSPOR- TATION DISTRICT Rohnert Park City Council Minutes (5) October 13, 1"8 Resolution Nos: 98 -193 AUTHORIZING AND APPROVING AN AGREEMENT WITH CITY OF SANTA ROSA POLICE DEPARTMENT FOR BOMB UNIT SERVICES FOR FISCAL YEAR 1998 -99 98 -194 APPROVING AGREEMENT FOR DESIGN SERVICES WITH BRELJE & RACE FOR WATER STORAGE TANKS - 1998, PROJECT NO. 1998 -3 98 -195 RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 707 (Certain Employees in the Department of Public Works) 98-197 REJECTING THE CLAIM OF PAUL KRAMOSEL (re. alleged bodily injury and damage to vehicle in rear -end collision of city employee) 98 -198 REJECTING THE CLAIM OF GREGORY W. SMITH (re. alleged damage to vehicle by rocks on Redwood Drive) Approving Request for funds for Celeste Guzman to attend the Junior World Artistic Skating Championships in Bogata, Columbia, November 1 -9, 1998, as recommended by the Parks and Recreation Commission Upon motion by Vice Mayor Vidak - Martinez, seconded by Councilmember Flores, with the exception of Resolution Nos. 98 -190 and 98 -196, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Resolution No: 98-190 DECLARING OCTOBER 24, 1998 AS "UNITED NATIONS DAY" Councilmember Mackenzie acknowledged that Robert Abramson was present at this meeting and was available for this item. Robert Abramson, representing the Sonoma County Chapter, United Nations Association of the United States of America (UNA/USA), displayed the United Nations Flag for the City to fly on October 24th in recognition of United Nations Day, and advised that this year's event is especially important as it is honoring the 50th Anniversary of the Universal Declaration of Human Rights. He distributed flyers and extended invitations to the Council to the celebration scheduled for this event on Saturday, October 24th, 7 -9:30 p.m., Newman Auditorium, Santa Rosa Junior College, with U.S. Congresswoman Lynn Woolsey as the keynote speaker. Mr. Abramson noted that Eleanor Roosevelt would also be honored at this event because she was the first chairperson on human rights. He requested the City Council to adopt a resolution declaring October 24th as United Nations Day and to fly the United Nations Flag on that day. -- Mayor Spiro advised the resolution was prepared for adoption at this time and accepted the United Nations Flag for the City to fly on October 24th, as requested. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, reading was waived and Resolution No. 98 -190 was adopted. Rohnert Park Gity Council Minutes (6) October 13, 1998 Resolution No: 9 8-196 AUTHORIZING CLASSIFICATION AND SALARY CHANGES FOR CERTAIN CITY POSITIONS City Manager Netter referred to Council review of this item earlier this evening during closed session discussion of personnel matters and signified that approval would include defining the increased job qualifications and responsibilities for the Utility Clerk position. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with inclusion of definition for increased responsibilities for the Utility Clerk position, reading was waived and Resolution No. 98 -196 was adopted, 10. SIGN ORDINANCE AMENDMENT for clarification of campaign sign locations City Manager Netter referred to the map on display and explained the ordinance was prepared by City Attorney Flitner regarding clarification of campaign sign locations, which was introduced at the Council meeting of September 22, 1998. As signified at the previous Council meeting, time has been scheduled on this evening's agenda for public comments related to this item. PUBLIC COMMENTS: Mayor Linda Spiro opened public comments at approximately 9:10 p.m. Charles Kitchens, 4457 Hollingsworth Circle, commented on revisiting the sign ordinance and recommended that the Department of Public Safety not use police cars as backdrops for political signs and, also, to take the Public Safety Department out of politics. There being no one further desiring to speak, Mayor Spiro closed public comments at approximately 9:11 p.m. Ordinance for Adoption: No. 641 AMENDING CHAPTER 17,117.38.200 OF THE ROHNERT PARK MUNICIPAL CODE (re. clarification for campaign sign locations) Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember Flores, and unanimously approved, reading was waived and Ordinance No. 641 was adopted. 11. CAMPAIGN CONTRIBUTIONS REPORTING City Attorney Flitner provided his report/recommendation on requirements exceeding Fair Political Practices Commission (FPPC). Mr. Flitner explained the draft ordinance he prepared, as previously directed by Council, for reporting campaign contributions of five hundred dollars ($500) or more within twenty -four (24) hours of receipt by the candidate for City Council. City Attorney Flitner advised that this can only apply to candidates within the City, not statewide, as the state does not preempt, so this ordinance can be adopted as long as it only applies locally. The City would have to handle enforcement, as the state would not police the local municipal requirements. Mr. Flitner signified that because the election was up shortly, he was asked to prepare this as an emergency ordinance, which requires a four -fifths (4 /5ths) vote of the Council. Rohnert Park City Conseil Minutes (?) October 13,1998 Ordinance for Consideration of Emergency Adoption: No. — Amending Chapter 2.64, City Elections, of the Rohnert Park Municipal Code by Adding 112.64.040 & 2.64..042 Regarding the Reporting of Campaign Contributions Made Between the Last Filing Date Before the Election and the Election Day to Candidates for the City Council and Declaring an Emergency A motion was made by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, to introduce, declare an emergency, and adopt the above - titled ordinance. Discussion of the motion included comments as follows: *Councilmember Mackenzie stated, for the record, that he was not going to be voting for this as his previous request was to report campaign contributions in the amount of $100 or more within the twenty -four hour timeframe and to include a section for City of Rohnert Park elections for full disclosure of campaign contributions, so making this $500 limit does not come close to his original intention. *Mayor Spiro signified she was not supporting the ordinance as there are enough controls in the state and it is important for people to have the right to privacy. She noted that since declaring an emergency for the ordinance needs a 4 /5ths vote, this is not going to pass. •Councilmember Flores reviewed aspects of past experiences and concerns about why these conflicts take place and there is not enough civility even in our home town. Mr. Flores signified that he has seen people suffer extensively because of taking a stand on certain issues and that full disclosure would. deter participation in campaign contributions for any candidate. Councilmember Flores acknowledged, however, that he would do what he said he would do, which was that he would voluntarily declare to the City Clerk any campaign contribution he received of $500 or more. •Councilmember Reilly signified his support of the motion, even though he will be disclosing all contributions. He commented that just the idea of knowing who the contributors are, is no way of proving satisfactorily that a yes or no vote was tied to that, but he does think, as a public official, that public disclosure is correct, and he would personally like to see everything above zero. Councilmember Reilly signified his desire for this ordinance to come back up, as it has the 3 /5ths vote for a regular motion, and he would also like to have language included to apply to all types of campaigns, like the example of Ballot Measure A, that are local and within our boundaries. •Vice Mayor Vidak- Martinez expressed support of the motion and saw it as a compromise measure meeting Councilmember Mackenzie's preferences half way, and is similar to Santa Rosa's reporting requirements. Ms. Vidak- Martinez signified that she also shared the above concerns expressed by Councilmember Reilly, but we are not free and without fear of repercussions, as she has experienced it, and did not want to set up something that would deter participation, so she supported the motion for reporting contributions of $500 or more. The above motion by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, to introduce, declare an emergency, and adopt the above - titled ordinance, failed 3 -2 due to the 4 /5ths requirement for declaring an emergency, with Councilmember Mackenzie and Mayor Spiro dissenting. City Attorney Flitner signified that the 3 -2 vote was sufficient for passing a regular process, so assumed the ordinance would be back on a future agenda for consideration as a regular item, but it would not be prepared as declaring an emergency and he would remove the language to that effect. Council agreed. City Manager Netter noted that, if adopted through the regular process, the revised ordinance would not apply to this year's 1998 election because of the time factor. Rohnert Park City Council Minutes (8j October 13,1998 12. ASSISTANCE DOG INSTITUTE Lease Agreement -- City Manager Netter referred to the staff report from Assistant City Manager Leivo for this item, as reviewed in the Council Meeting Memo. City Manager Netter and Assistant City Manager Leivo responded to Council questions. -- Discussion ensued. Resolution No: 98 -199 APPROVING LEASE AGREEMENT WITH ASSISTANCE DOG INSTITUTE Upon motion by Councilmember Flores, seconded by Councilmember Reilly, and unanimously approved, including revision to charge the Assistance Dog Institute for utilities determined on reasonable flat rates to be consistent with provisions of other City leases, reading of the resolution was waived and Resolution No. 98 -199 was adopted. 13. PLANNING AND ZONING MATTERS: File No. 1803 - Consideration of Zoning Ordinance Amendment for minor modification to Section 17.34 of the Zoning Ordinance pertaining to off - street parking facilities, including revised aisle widths, stall dimensions, codifying compact stall provisions and parking ratios for industrial uses, and certification of negative declaration. Planning/Community Development Director Wendie Schulenburg reviewed the staff report, with relevant attachments, provided to Council for this item, recommending Council approval of various minor amendments to the off - street parking regulations. She responded to Council questions including explanation that 1 space per 500 is consistent throughout California. Ms. Schulenburg signified that the recommendation is for 35% of the entire site, which is standard, and can be devoted to parking and the compact spaces allows flexibility for landscaping. She pointed out that Planning Commissioner Mochel voted against this zoning ordinance amendment for parking and that Mr. Mochel sent a letter to the City Council about a month ago regarding his concerns related to this matter. Discussion included varied opinions and comparisons between full size or compact parking spaces as follows: •Mayor Spiro expressed the preference for full size dimensions as many parking lots only have compact spaces left when full size vehicles are looking for a place to park. *Councilmember Reilly preferred larger dimensions to provide adequate space to open car doors wide enough for easy access in and out of vehicles. *Planning Director Schulenburg signified that this ordinance is simply adopting typical concepts, which are perceived to be average widths, and has to balance all the demands. *Councilmember Mackenzie referred to comparisons of other cities in the vicinity with Petaluma at 25 %, Sebastopol at 35% and Santa Rosa at 50% and that the discussion reflected the Planning Director's suggestion of a compromise for Rohnert Park, and that this Council might feel more comfortable with 25 %. Mr. Mackenzie asked if data was available on size comparisons. Rohnert Park City Council Minutes (9) October 13, 1998 •Planning Director Schulenburg responded that the data was not available at this time, but it could be recognized that Rohnert Park may have a larger, family -based population and, also, van slide doors need to be considered. Ms. Schulenburg signified that it would probably be just as effective if Rohnert Park went down to 30 %. *Councilmember Mackenzie signified that he was not going to pursue this any further, but commented that the point is correct and necessary from an industrial point of view. *Mayor Linda Spiro referred to people usually having things to load into vans, even though there are the slide doors requiring less opening space, and suggested that Council may want to consider 30% instead of 35 %. *Planning Director Schulenburg signified that the process would be to introduce the draft ordinance submitted at this time. Data relative to the state comparatives could be provided for the second reading, and the ordinance language could be revised by the City Attorney prior to adoption. PUBLIC HEARING: Mayor Linda Spiro continued the public hearing from September 22, 1998 at approximately 9:45 p.m. There being no one desiring to speak, the Mayor closed the public hearing. Ordinance for introduction: No. 642 AMENDING VARIOUS SUBSECTIONS OF THE ROHNERT PARK MUNICIPAL CODE, 1117.34.130 and 17.34.110, OFF STREET PARKING FACILITIES (Planning File No. 1803) Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, reading was waived and Ordinance No. 642 was introduced. 2) File No. 1443 - Proposed Site Plan modification to the Park Plaza Shopping Center (Round Table Pizza Restaurant) Planning/Community Development Director Wendie Schulenburg referred to plans on display and reviewed the staff report provided for this item, which Mayor Linda Spiro previously requested consideration of the problematic area north of the Round Table Pizza. She signified that the changes basically included elimination of parking on the east property line, relocation of the driveway from Rohnert Park Expressway to further east, and restricting deliveries to an inset area between Round Table Pizza and Safeway. Planning Director Schulenburg responded to Council questions. -- Council commended this effort. Resolution No: 98 -200 APPROVING ADDITIONAL MODIFICATIONS TO THE SITE PLAN FOR THE ROUND TABLE PIZZA RESTAURANT EXPANSION (Planning File #1443) Upon motion by Councilmember Mackenzie, seconded by Mayor Linda Spiro, and unanimously approved, reading was waived and Resolution No. 98 -200 was adopted. Rohnert Park City Council Minutes (10) October 13, 1998 14. COUNCIL YEAR 2000 PROJECT Reauests for Statements of Oualifications for Planning Services City Manager Netter referred to the staff report, with relevant attachments for this item, as recommended by the General Plan Oversight Committee, and provided to Council. Council Committee Member /Vice Mayor Vicki Vidak - Martinez advised that the General Plan Oversight Committee met and reviewed this very comprehensive item, and recommends passing the resolution prepared for Council consideration. She referred to the tight timeline for this matter and confirmed that the Committee received a very thorough review and discussion. -- Council Committee Member Mackenzie expressed agreement with the preceding comments by Council Committee Member Vidak - Martinez. Discussion included comments as follows: • Councilmember Flores expressed appreciation for this Committee's participation on this item. He referred to the short timeline and signified that this Committee is representing the City Council very well. *Mayor Linda Spiro asked about the suggestion to move the timeline up a little further, to which Council Committee Member/Vice Mayor Vicki Vidak - Martinez responded that was actually a test to see if they were paying attention. *City Manager Netter made the suggestion that it could also be emphasized in the cover letter, to which Council Committee Member Mackenzie signified that was a good suggestion. Resolution No: 98 -201 CALLING FOR SEALED STATEMENTS OF QUALIFICATIONS TO PROVIDE A RANGE OF PLANNING SERVICES Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez, and unanimously approved, including agreement of the cover letter with the timeline, reading was waived and Resolution No. 98 -201 was adopted. Mayor Linda Spiro signified to let the record show the first of Council's unanimous votes on this project. 15. MOBILE HOME PARK MATTER: *Registration Fees & Decision by Rent Appeals Board/Status of City Grant funds City Manager Netter referred to the staff report from Rent Control/Housing Specialist Diane Tomkins provided for this item. Mr. Netter explained the letter of October 1, 1998 received from Marty Grindahl requesting a reduction in the fees approved by the Rent Appeals Board. City Manager Netter reported that, in research of the accounting, it was discovered that the $60,000 loaned to the Rent Appeals Board operation from the City's General Fund has never been paid back, and the annual fees have never considered the $60,000 fund balance in its computations. City Manager Netter signified that his recommendation is that the Council should authorize the Finance Director to replenish the General Fund with the $60,000 to repay the loan without interest, unless it is the desire of the Council to use the loan funds to reduce the park fees. -- Councilmember Flores signified that since it seems that Mrs. Grindahl and other mobile home park residents were not aware of this, and since the City has carried the amount for approximately eight years, he recommended providing the information to them before the City Council takes this action. Council concurred. Rohnert Park City Council Minutes (11) October; 13, 1998 EXTEND COUNCIL MEETING: Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and approved 4 -1 with Mayor Spiro dissenting, the meeting was extended past 10:00 p.m. to finish necessary agenda items. Mobile Home Park matter: (cont'd) Mayor Linda Spiro recognized Katherine Collins of the Mobile Home Park Rent Appeals Board for additional comments on the preceding Mobile Home Park matter. Ms. Collins signified that this is the sixth budgetary year that the Mobile Home Park Rent Appeals Board has been self - sustained through fees. Three of the four Board Members were present at the last RAB meeting and were made well aware at that meeting that the $60,000 was seed money. The majority of the Rent Appeals Board agreed the $60,000 was out of the City's General Fund, but needed to find out if it is appropriate to give it back, since the Rent Appeals Board is self - sustaining. Ms. Collins signified that the Council would be remiss if it did not put this amount back in the General Fund where it belongs. 16. SONOMA COUNTY TOURISM PROGRAM - Preliminary Organizational Structure 1) Staff report -- City Manager Netter referred to the staff report provided for this item from Assistant City Manager Leivo, as reviewed in the Council Meeting Memo, and signified that the Tourism Council is to be composed of a cross section of industry representatives. The County requests that Rohnert Park appoint an elected official to represent the City on the Investors Committee for the Sonoma County Tourism Council by October 23rd. City Manager Netter noted that County Supervisor Reilly and staff are in the process of preparing a presentation on the continued formation of this new entity. Mr. Netter also suggested that the City Council consider recommending Performing Arts Director Michael Grice on a future committee for this program. 2) Council Appointment to represent Rohnert Park on the Investors Committee Councilmember Mackenzie signified that Vice Mayor Vidak- Martinez has indicated her interest in this capacity. A motion was made by Councilmember Mackenzie, seconded by Councilmember Flores, to appoint Vice Mayor Vicki Vidak- Martinez to represent Rohnert Park on the above - referenced Investors Committee. Discussion of the motion included: *Mayor Linda Spiro signified that she was also interested in this appointment and has a financial background experience. *The maker and second of the motion, amended the motion to include designating Mayor Spiro as the alternate. *Mayor Spiro reviewed aspects of the importance of attendance as an appointed representative for the City for local as well as other appointments, and noted that the first meeting of the Investors Committee is scheduled on December 3rd when the Vice Mayor planned to be out of town. *Vice Mayor Vidak- Martinez signified that she would like to be involved in the Committee and be appointed and commented that she has fulfilled all of the local, state and national assignments she has been given, with the exception of missing a recent local meeting as she was working, as sometimes she does work nights. Rohnert Park City Council Minutes -' (12) October 13,1948 *Mayor Spiro signified that she had no problem with the Vice Mayor being appointed. *Councilmember Reilly signified that he did not like being in a position of voting for one Councilmember or the other. He was going to suggest establishing the Mayor for this appointment, whoever the Mayor may be from year to year, because of its importance, with the Vice Mayor as alternate, but since the motion has been made, Councilmember Reilly acknowledged that he was going to abstain because he was not sure how this would work on this kind of committee. * Mavor Spiro signified that the C ouncil hae navar eat a nrnnaoo ,.__, t- .+ F---` oY"vua�,aaa,y vu ltvw SUCH committee appointments are to be made. •Councilmember Reilly responded that he always thought the Mayor had that prerogative. *Councilmember Mackenzie responded that that brings up an issue which has never been clarified. Mr. Mackenzie signified that he had received a request to consider the Vice Mayor's candidacy for this committee appointment and took that as an indication of her interest in it, so he made the motion. *City Attorney Flitner responded to the Mayor's question pertaining to being any precedent, that the Mayor has made appointments in the past with the indication of concurrence by the Council, and if the Council does not object, appointments can be made in this manner. The above motion for the appointment of Vice Mayor Vidak - Martinez and alternate of Mayor Spiro to the Investors Committee, was approved 3 -0 -2, with Councilmember Reilly and Mayor Spiro abstaining. Mayor Spiro signified assuming the alternate, if appropriate, as an alternate had not been requested and would have to be approved by the Board of Supervisors. 17, PACIFIC BELL MOBILE SERVICES - Personal Communications Facilities at Sunrise Park *Staff report - Informational and deferral to after Planning Commission Action City Manager Netter referred to the staff report from Assistant City Manager Leivo provided for this item, as reviewed in the Council meeting Memo, and signified that this is scheduled for review and a public hearing at the Planning Commission meeting of October 22, 1998. A complete comprehensive review of the lease is also in process by the City Manager. In the interim, the City Manager commissioned Nancy Read to review the lease. Nancy Read is a consultant specializing in telecommunication issues and has provided her recommendations and observations, which have been provided to the City Council for informational purposes at this time and deferral to after the Planning Commission action. The City Attorney is also in the process of reviewing this information. City Manager Netter responded to Council questions related to this item and asked if the Planning Commission approves, the question is would the City Council want additional review? Mr. Netter signified the need to proceed with caution in this area, as telecommunication towers are going to be the issue over the next few years. Also, the Council may want to consider additional services 'by Ms. Read to make sure a lease is not authorized that becomes a situation of setting a precedent. Rohnert Park City Council Minutes (13) October 13,'1998 Gregory Guerrazi, Project Manager of ComSite Development Corp. for Pacific Bell Mobile Services responded to additional Council questions on this item. Mr. Guerrazi requested the City Council to finalize the terms of the lease prior to going through the Planning Commission process. -- Mayor Linda Spiro responded that she could not vote to do that as the Council should consider the results of the Planning process and, also, it could be construed as a recommendation from the Council to the Planning Commission. Discussion concluded in Council concurrence with Councilmember Mackenzie's recommendation to adopt the City Manager's recommendation, as reflected in the above - reviewed staff report, Further discussion included Council concurrence of the need for additional review by the Council following the Planning Commission action, at the October 27th or November 10th Council meeting, depending upon the time necessary for the process and/or additional legal review as deemed necessary by the City Manager. It was noted that the vicinity of $3,000 is the City Manager's rule of thumb for authorizing expenditures without coming to Council. 18. COUNCIL COMMITTEE &/OR OTHER REPORTS: 1) Mayors' & Councilmembers' Association Executive meeting 10/8/98 (LS) Mayor Linda Spiro reported that the proposition on gaming for local government was the issue discussed at this meeting. 2) Rohnert Park Wellness Center (RPWC) - Status Report (AF /JR) Councilmember Flores reviewed his report distributed to Council on the recent Committee meeting for this item held on September 24, 1998 with Christina Bell and John Blake regarding elements recommended on the Lease - Purchase Option. Mr. Flores signified that the second item distributed to Council was the letter of September 24, 1998 from Christina Bell and John Blake regarding their position that it would be better to buy the site. Councilmember Flores acknowledged Mayor Spiro's interest for the Wellness Center, his interpretations from discussions with Christina Bell, and the many discussions with staff, all of which came up with many aspects pertaining to this matter, and concluding that he sees this as two separate issues, which are purchase and lease. Councilmember Reilly signified that he was not physically here and his understanding was based on visits with staff and review of the documents, but he took a different view, and Christina Bell has since requested no formal action at this Council meeting, so representatives of RPWC are not here to say one way or the other whether Mayor Spiro or Councilmember Flores may be right. The proposal to build a new library was based on a very informative meeting earlier today, and now we know the money is probably available. Councilmember Reilly was not sure the sale has to be linked to the library, whether or not to sell is a good idea. One of the issues was regarding the use of the land stipulated for a hospital site, and that it was compatible with that use. One of the stipulations signified was whether or not the businesses located at this site would compete with the landlords and the Wellness Center assured us that it would not. The power of the lease is the control of what can or cannot be done with the persons leasing the location. Mr. Reilly commented that his guess is that if they buy it, the City will no longer have that hammer, and could not tell them what to or not to put there. If that is true and if the Wellness Center increases what they can do with the power of ownership, we would lose what we fought for so long, to obtain that lease. Then, there is the need to decide the value of the property, which is Rohnert Park City Council Minutes (14) October 13, 1998 probably less from RPWC, as opposed to another use that may generate more revenues for the City. So, we need to get back into the public hearing process, as we are still trying to generate revenues for Rohnert Park, and it is the public's money. Councilmember Reilly shared that while selling the land works, we need to consider these things, and with the 24 or 12 months presenting no urgency, we ought to at least pull the entire item off the agenda and make sure it is what the Wellness Center wants, so he has a slightly different interpretation from that of Councilmember Flores. Mayor Linda Spiro signified that she had spoken to Christina Bell more reventty anti the letter provided to Council, dated October 7, 1998 from Christina Bell, was requesting that all the issues related to this item be taken off this October 13th Council meeting agenda due to certain options that Council had requested and needs further consideration, which also involves further review of projections by the Finance Department. Vice Mayor Vicki Vidak - Martinez mentioned the above - referenced Council Committee comprised of Councilmembers Flores and Reilly and asked how did the Mayor get involved with another meeting on this item. Mayor Linda Spiro responded that she is on the Council Committee for the Hospital Site and that a second Council Committee was recently formed comprised of Councilmembers Flores and Reilly on the potential sale to the Rohnert Park Wellness Center. The Mayor signified that in respect to the applicants, this item should be postponed, as requested. Councilmember Reilly expressed agreement and also signified that Councilmember Flores' proposition on the sale needs to be reviewed, as well as what we would do with the potential income. Mr. Reilly added that his comments reflect his concerns and the need to have the questions answered. Councilmember Flores signified that the situation has changed dramatically with reference to the earlier meeting they had. The opportunity of using revenue allocation bonds to fully build a library was very dramatic news and Mr. Flores was sure that Mrs. Conde appreciated that impact. The other concern he had with reference to that meeting, was the interpretation of municipal facilities that City Manager Netter and Finance Director Harrow indicated would have to use separate revenues. This brings it back to the critical issue now of needing to know the intent of the Wellness Center. The paramount issue is wanting to see a Wellness Center on this site and, with all the analysis, that land has been dormant for several years and now the RPWC has is a vision for it. Councilmember Flores signified that we need to hear from the RPWC representatives and, rather than give them any negative aspects, let them come to us and tell us how they can do that and in what timeframe. Councilmember Mackenzie referred to the Mayor's comments that the Council will be receiving information back from RPWC on the option and signified that he is still looking forward to reviewing the payout on the lease, which he understood is about $20 million. City Manager Netter signified that stasis recommendation is to review the financial numbers for each option and not to pre- dispose of any, but consider the options and, if the best thing to do is to sell, then do that, but several options need to be considered to make an educated and well informed decision. Council agreed. Rohnert Park City Council Minutes "' (15) October 13,19" 3) Council/Dept. Head Team Bldg & Strategic Plan - Report/comments City Manager Netter advised this item was placed on the agenda for Council to make comment, if any. Mr. Netter signified that he is in the process of preparing timelines and listing projects to see where we stand. Some of the efforts are already proceeding. Since he will be attending the ICMA conference during the week of the October 27th Council meeting, Mr. Netter anticipated having the above - referenced report by the first Council meeting in November. Mayor Linda Spiro signified that she hoped code enforcement would be one of the items on the above list, as she felt the City has been somewhat lax in that area and would like to see designated locations cleaned up. -- City Manager Netter responded that an area would need to be considered and reviewed with the Planning Department and, as previously signified, it is a product of having enough time. Councilmember Mackenzie commented on attending the last meeting for this item and that he sensed general agreement from the discussions. Mr. Mackenzie shared that it was good to be back together again and working together, and noted that they have selected priority areas to consider. He enjoyed the meeting and hoped to continue the process in this agreeable atmosphere. 19. TRANSPORTATION MATTERS: *Sonoma CounV Transportation Authority (SCTA) Meeting. Oct 12th (AF) Due to the lateness of the hour, this item was DEFERRED to the next Council meeting. 20. 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) Councilmember Reilly referred to a letter distributed to Council earlier this evening from a resident expressing concerns about a large recreational vehicle parked in a designated residential location, and requested staff to review the situation and report back to Council. 2) City Manager Netter brought Council's attention to four items listed on Communications as follows: • #17 from Interim Recreation Director Mikalis regarding expanded pool hours, provided for Council's information; 9#20 from Sonoma County Prevention Celebration & Redwood Awards regarding presentation of Public Safety Awards for helping to reduce use of tobacco, alcohol or other drugs by youth, on Sunday, October 18th, at 2:00 p.m., at the Sonoma County Office of Education. 9#26 from Ernie Carpenter of Sonoma Compost urging support of the Sonoma County Waste Management Agency letter authored by Mr. Ken Wells to the Water Quality Control Board for its meeting of October 22, 1998. Mr. Netter signified that the request seemed reasonable from staff's standpoint and a draft letter was present for Council's consideration. - - Councilmember Mackenzie signified the need review the matter future, due to the lateness of the hour and because the Council just received this communication tonight. Council concurred. Rohnert Park City Council Minutes (16) October 13,1998 9#4 from George Williams, Commander Post 3237; Veterans of Foreign Wars regarding request for assistance for November 7th boxing match fund raiser. -- Councilmember Mackenzie recommended referral of this item to the Parks and Recreation Commission as it would seem to come under their jurisdiction. Council concurred. 21. MATTERS FROM/FOR COUNCIL: 1) Council meeting dates for December *December 8th meeting - Installation of new Councilmembers -- City Manager Netter explained City Attorney Flitner's findings, as reviewed in the City Attorney's memorandum of September 25, 1998 regarding the necessity of having the regularly scheduled Council meeting on December 8th for the installation of new Councilmember, but the changing of officers can take place at another meeting. -- Mayor Spiro signified that she thought it would be prudent to do both at the same meeting as in past years. Councilmember Mackenzie signified that it still stands at the moment that his work requires him to be in Washington, D.C. on that date, but that could change. 2) Code enforcement - Citywide (LS) -- This item was handled earlier on this agenda under Council Committee and/or other Reports. 3) Canon Manor Committee meeting 3.00 p.m., Friday October 23rd City Manager Netter announced this meeting and noted that Canon Manor representatives are back to considering annexation. 4) Founder's Day Event - Post evaluation -- City Manager Netter referred to the staff report provided to Council for this item from Public Works Manager Bill Stephens and advised that Mr. Stephens was available to respond to Council questions. -- Council commended the this event and expressed appreciation to Manager Stephens and staff for their successful efforts. 5) SSU Associated Student Board meetings - Revised plan -- City Manager Netter referred to the memorandum from his Administrative Assistant, Karen Pennrich, regarding efforts on this item. Mr. Netter signified that he is recommending an alternate proposal on a quarterly basis, if that is acceptable to the City Council. Council concurred. 6) Request from the Sonoma County Commission on Human Rights to hold workshop on Commissions/Boards Diversity -- City Manager Netter asked the desire of the Council on this letter request dated September 25, 1998. -- Vice Mayor Vicki Vidak- Martinez recommended that the Council should try to comply with this request and commented on beneficial aspects of working with Building Bridges. Council concurred. 7) Volunteer Helen Snyder Celebration QM) -- Councilmember Mackenzie complimented efforts of all the volunteers involved at the Performing Arts Center. He commented on a parry recently given for Helen Snyder and signified that Mrs. Snyder has asked that that be the appreciation acknowledgment for both her and her late husband, Nate Snyder. Councilmember Mackenzie signified that Performing Arts Director Michael Grice did a nice job of acknowledging all of the efforts and work of the Snyders. Mr. Mackenzie also congratulated the installation of the new carpet at the Performing Arts Center. Rohnert Park City Council Minutes (17) October 13,1998 8) Internet Correspondence QM) -- Councilmember Mackenzie expressed concerns related to this item pertaining to the question of Mayoral Acts expressed on behalf of the Council versus a Mayor's individual expressions, and recommended have a written policy in place to eliminate confusion. -- Discussion included Mayor Linda Spiro referring to well -written articles by other Councilmembers in local newspapers, etc. and signified that there would be no difference in writing these letters from correspondence on the internet. Councilmember Mackenzie suggested that at some other time, maybe the Council can revisit this item. 9) Telecommunications Committee (LS) - DEFERRED - 10) Methyl Tertiary -But 1 Ether (MTBE) support for elimination (LS) - DEFERRED - 11) New Library funding (AF) -- Councilmember Flores commended the workshop presentation earlier this evening regarding tax allocation bonds and projected window of opportunity. He requested that the City Council schedule a staff report on the next agenda for public information on the thoroughness of this presentation and the possibilities for funding the new library. Council concurred. 12) Interest incurring on Rental Security Deposits (JR) -- Councilmember Reilly referred to citizens inquiring about this item and requested further review on the next or future agenda. 13) Public Safi* Dept. responses to calls (JR) -- Councilmember Reilly commented on individuals from the Senior Center who recently shared concerns with him about the Public Safety Department signifying that they do not respond to certain types of calls. Mr. Reilly requested staff to check on the procedures and suggested rephrasing the response dialogue. 14) Street Swe p ng (JR) -- Councilmember Reilly signified that citizens have expressed concern about the street sweeping pertaining to some parked cars that are causing leaves to accumulate in certain areas. Mr. Reilly asked if this problem was resolvable. -- City Manager Netter responded that in the past informational flyers for the street sweeping schedules have been posted and/or provided in the utility bills, and could be done again. 15) ADA (Americans with Disabilities Act) (JR) -- Councilmember Reilly requested staff to provide an update to Council on the status of this item regarding compliance. 16) MTBE in Wells (JR) -- Councilmember Reilly referred to above deferral of this item and requested staff to provide information on how MTBE gets in the well, whenever it is scheduled for review. -- City Manager Netter advised that he did have City Engineer Gaffney check on this in Rohnert Park, with results that there is none in Rohnert Park. Rohnert Park City Council Minutes (18)' Oetober:13,1M 22. CITY MANAGER'S REPORT: 1) Status of Saluting Teamwork Event at the Performing Arts Center, 4 -6:00 p.m., Thursday, October 15, 1998 -- City Manager Netter announced this event. 2) SSU/Tanglewood West - update -- City Manager Netter advised this staff report dated October 7, 1998 from Performing Arts Director Grice was provided for Council's information. Mr. Grice is working with Jeff Langley, Chairperson of SSU Performing Arts Department, and advises that the process of funding and planning is moving along. Councilmember Mackenzie referred to effort-, to mPPt with .CC'TT Praci(iPnt Arminnnn onA signified the need for the City Council to have a meeting with the SSU President's Cabinet. Council concurred. -- City Manager Netter advised that it is Rohnert Park's turn to host this joint meeting and, for Council's information, signified that his office is working on a master calendar for all the committees. 3) 1999 -2000 Budget Calendar -- City Manager Netter advised that this item was provided for Council's information, as prepared by Finance Director Harrow. 4) City Manager attendance at ICMA Conference Orlanda Oct 24 -29, 1998 -- City Manager Netter announced he would be attending this conference. 5) Frederick Rohnert Trust -- City Manager Netter referred to the draft letter prepared for this item for the purpose of meeting necessary legal requirement, and recommended waiting for a couple more weeks before mailing it to see if the City receives a copy of the trust document without requesting it. Council concurred. 6) Human Services meeting 2 -5.00 p.m., Friday October 16th Public Safety Building City Manager Netter announced this meeting. 23. CITY ATTORNEY'S REPORT: 1) AW items from closed session City Attorney Flitner advised that the Mayor's closed session report was sufficient. 2) Elections Certification & Process This item was handled earlier this evening under Matters for Council. 24. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro asked if there were any additional unscheduled public appearances at this time. No one responded. ADJOURNMENT: There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 11:24 p.m. Jud au eputy Q#Clerk Linda Spiro, Mayor }h- mins:10139 nm