Loading...
1999/08/10 City Council MinutesRohnert Park City Council Minutes August 10, 1999 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Pro Tempore Vidak- Martinez presiding. Prior to convening the regular session, the Council met in Closed Session to consider personnel matters, litigation matters, and real estate negotiations as listed on the agenda attachment. CALL TO ORDER: Mayor Pro Tempore Vidak- Martinez called the regular session to order at approximately 7:15 p.m. and led the pledge of allegiance. ROLL CALL: Present: (4) Councilmembers Flores, Mackenzie, Spiro, and Mayor Pro Tempore Vidak- Martinez Absent: (1) Mayor Reilly (out of town on business) Staff Present for all or part of the meeting: City Manager Netter, City Attorney Betsy Strauss, Assistant City Manager Carl Leivo, City Engineer Gaffney, Planning Director Schulenburg, Finance Director Harrow, and Building Official Braun 1. CLOSED SESSION: Mayor Pro Tempore Vidak- Martinez reported on the closed session which commenced this evening at 6:00 to discuss the matters listed on the agenda attachment, representing an update. No action was taken with one exception that the Council took an emergency item on the Fire Suppression Assessment District. Mayor Pro Tempore Vidak- Martinez advised that the Council reviewed the Court decision, and stated that the attorneys are continuing to review the decision. Council decided not to pursue further appellant procedures. 2. APPROVAL OF MINUTES: Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, with the absence of Mayor Reilly, the minutes of July 27, 1999 were unanimously approved as submitted. 3. APPROVAL OF BILLS: Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, with the absence of Mayor Reilly, City bills presented per the attached list in the amount of $1,144,699.02 were unanimously approved. City of Rohnert Park Minutes 2 August 10, 1999 4. ADDING INFORMATIONAL NON- AGENDAED MATTERS: Mayor Pro Tempore Vidak- Martinez asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. Councilmember Spiro signified two items to add regarding the PAL Building lease for SCAYD and the Learning Institute and RV Cable TV. Councilmember Flores indicated two items of discussion regarding the lot left of Spreckels and also the progress on the Padre Center Rentals. Councilmember Mackenzie indicated four items to add: (1) Letter from Sister City on Japanese Garden; (2) ABAG Committee; (3) Green power use; and (4) CAL Fed EIR 5. YOUTH REPRESENTATIVE to the CITY COUNCIL from High School 1999 -2000 Youth of the Year Program selections 1) Recognizing High School Youth Representatives - High School Youth Representative Alex Tishara stated that he did not have a formal report and that Youth Reps Sr. Manisha Hall and Jrs. Harjit Banwait and Nathan Becker were not present. Students arrived later; the time is signified later in these Minutes. Councilmember Mackenzie requested a final report from the Youth Summit and requested that the City Manager and staff provide Council with information before the school year convenes. 6. SONOMA STATE UNIVERSITY ASSOCIATED STUDENT REPRESENTATIVE There were no SSU Associated Student Representatives present. 7. MAYOR'S PRESENTATIONS: 1) Presentation of Resolution No. 99 -164 to California Junior Miss State Chair, Katy Dillwood, Proclaiming August 15 -21, 1999 as "California Junior Miss Week" Mayor Pro Tempore Vidak- Martinez read and presented Resolution No. 164 to Ms. Dillwood, which proclaimed August 15th through August 21st as "California Junior Miss Week ". Ms. Dillwood invited all those present to attend the pageant. City Manager Netter shared that his family would be hosting two of the participants this year and that they are looking forward to the event. 2) Recognizing presentation of Bicycle Friendly Community Certificate to City of Rohnert Park from the League of American Bicyclists National Rally, Sonoma County, Ca.7/23- 26/99. Mayor Pro Tempore Vidak - Martinez informed the Council that the City had received a `Bicycle Friendly Community Certificate ". Councilmember Mackenzie acknowledged the receipt of the Certificate and pointed out that the City does, in fact, have a Bicycle Plan, and that the City encourages the use of bicycles. of Rohnert Park Minutes 3 August 10, 1999 3) Recognizing presentation from California Chapter of the American Planning Association of Northern Section Award for the City Center Design Charette by Moore Iacofano Goltsman, Inc. Mayor Pro Tempore Vidak- Martinez referred to plans on display and read into the record the recognition of the City Center Design Charette. After the 1st Scheduled Public Appearance, City Manager Netter acknowledged the arrival of Wayne Goldberg, Chair of Awards Committee. Mr. Goldberg personally congratulated the City of Rohnert Park and pointed out that Rohnert Park was one of the 14 awards in the State of California to receive awards to be presented in Bakersfield, California in October. Mr. Goldberg stated that this now qualifies for competition on the National Level to be held next spring in New York. 8. SCHEDULED PUBLIC APPEARANCES: 1) Dennis Tatman, introduced his daughter, Sara Tatman, age 15, as the Northern California Junior Teen Queen in the 1999 National American Junior Teen Pageant Mr. Dennis Tatman introduced his daughter, Sara Tatman, Northern California Junior Teen Queen for 1999. Miss Tatman shared, with the Council, some of her experiences with the pageant. She stated that the pageant was held on 7/8 & 7/9 in San Jose, California and that she competed against 53 girls. Miss Tatman stated that she would continue the competition at the National Pageant in Florida. She stated that basically, the pageant recognizes all around American girls who were judged in ten different categories. Miss Tatman requested a picture of the Council for input into the National Program. The Council agreed to provide a photograph for Miss Tatman when all of the Councilmembers were present. Councilmember Flores, and the Councilmembers present commended Miss Tatman for her achievement. 2) St. Elizabeth Seton Church Letter request from Father John Griffin to Reconsider Approval of Bicycle Advisory Committee Recommendation for No parking in front of the Church & to Retain Previously Approved Limited Parking Representative of St. Elizabeth Seton Church provided the Council with a written report and shared contents therein. In summary, the report addressed the parking situation at St. Elizabeth Seton Parish, and the need for parishioners to park in front of the church during major mass services. City of Rohnert Park Minutes 4 August 10, 1999 Councilmember Mackenzie asked the City Manager if the Council could take action on this matter. City Attorney Strauss noted that the action listed on the agenda for this meeting was whether or not Council wants to reconsider the decision and, if so, it should be agendized at the next or future Council meeting. Councilmember Spiro stated she would like to declare this item an emergency and handle it this evening. City Manager Netter stated that signs currently say that parking is permissible on weekends. City Manager further stated that if Council defers this matter until the next meeting, that the signs would be left in tact until after the next meeting. He responded to further Council comments that staff would check into laws for bicycling on sidewalks. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, with the absence of Mayor Reilly, the Council unanimously approved to reconsider the recommendation of the Bicycle Advisory Committee at a future meeting. 9. UNSCHEDULED PUBLIC APPEARANCES: Mayor Pro Tempore Vidak- Martinez 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) Charles Kitchen, 4457 Hollingsworth Circle, Rohnert Park: Mr. Kitchen referred to the City Manager's Report on Mountain Shadows Golf Course listed on the agenda and questioned the extent of problems caused by poor maintenance. Mr. Kitchen expressed concern with the operation and maintenance of the Golf Course. Mr. Kitchen suggested the need to elect a Golf Course Committee and expressed interest in being a member of such Committee. 2) Tom Woodcock, 195 Verde Circle, Rohnert Park: Spoke as GSMOL President and as a resident of Rancho Verde Mobile Home Park stating that on 7/28/99 an arrest was made on a resident for assaulting a 16 year old boy. Mr. Woodcock expressed concern that the arrestee was a convicted sex offender in 1992, but that the residents were not informed of this fact. Mr. Woodcock stated that he was informed that the Department of Public Safety's policy is to not inform citizens when convicted felons reside in neighborhoods. Mr, Woodcock further noted that 6 sex - offenders reside in the City of Rohnert Park, 3 of whom reside in Rancho Verde Mobile Home Park. Mayor Pro Tempore Vidak- Martinez, suggested that the City Manager investigate City policy and report back to the Council. Councilmember Flores, requested the Director to provide his analysis of the existing departmental policy. City of Roluiert Park Minutes 5 August 10, 1999 Councilmember Spiro concurred with Councilmember Flores' suggestion, but expressed some concern with regard to the number of offenders who reside in one residential complex in the City. Councilmember Spiro stated that the residents of the Mobile Home Park should have been notified. Councilmember Mackenzie looks forward to receiving a staff report on this matter. 3) Michelle Rogers, 1319 Gasper Court, Rohnert Park: Ms. Rogers spoke regarding Proposition 10 and Rohnert Park's representation on the Sonoma County Children & Families First Commission and distributed informational material regarding membership update and upcoming meeting and public workshop notices. She expressed concern regarding the City of Rohnert Park being underrepresented on the Commission. She urged appointment of a representative from the City and stated that there is a need for representation on the Community Advisory Commission (CAC) from the City of Rohnert Park. Mayor Pro Tempore Vidak- Martinez volunteered to work on the Community Advisory Committee's Child *CaYe and Edue tie Welfare Committee. *C O R R E C T 10 N ABOVE from 8/24/99 City Council meeting: Per Vice Mayor Vidak- Martinez (deletion lined out/addition underlined) Mayor Pro Tempore Vidak - Martinez thanked Ms. Rogers for bringing this matter to the attention of the Council. Ms. Rogers made a correction to the Agenda item on the Building Blocks date from 8/29/99 to 8/26/99. 4) Brian Talbot, 845 Russell Ave, #5C, Santa Rosa, CA: Mr. Talbot wished to make a point of correction to the minutes of July 27th. Mr. Talbot stated that the student body is referred to as the ASI (Associated Students, Inc.), as opposed to the ASB (Associated Student Body). 5) Mr. Jim Groom, Suite 103, Codding Building: Mr. Groom expressed opposition to the Burton Bill -SCA 3. Mr. Groom stated that he felt that it was unnecessary to ask taxpayers for more money for transportation, He noted that Sonoma County sends $70 million dollars to Sacramento every year for transportation. Mr.Groom stated that the problem is not a shortage of money, but just doing the job. Mr. Groom suggested that the City request that the legislatures give back the majority of the money that the City has given to them. . .................................................. ............................... 10. CONSENT CALENDAR Mayor Pro Tempore Vidak- Martinez asked if there were any questions regarding matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Acknowledgement of the City Manager /Clerk's Report on posting of meeting's agenda. City of Rohnert Park Minutes 6 August 10, 1999 Acceptance of Cash/Investments Report as of June 30, 1999 - Preliminary Report Mayor Pro Tempore Vidak- Martinez read Resolution Titles. Resolution Nos: 99 -177 PROCLAIMING SEPTEMBER 18-26,1999 AS "CELEBRATION OF THE RUSSION RIVER AND ITS WATERSHED" 99 -178 APPROVING THE REVISED ENGINEERING DESIGN AND CONSTRUCTION STANDARDS 99 -179 AUTHORIZING AND APPROVING AN AGREEMENT FOR �UPFRVISOR_ Y CONTROL AND DATA ACQUISITION (SODA) SYSTEM UPGRADE TECHNICAL ASSISTANCE WITH SMEDSHAMMER CONSULTING 99 -180 RESCINDING RESOLUTION NO. 99 -168 AND CALLING FOR SEALED PROPOSALS FOR A DIESEL EXHAUST EXTRACTION SYSTEM FOR PUBLIC SAFETY NORTHERN AND SOURTHERN STATIONS 99 -181 REJECTING CLAIM OF MARY HANLON (RE. ALLEGED EMPLOYMENT CONCERNS) 99 -182 REJECTING CLAIM OF RAQUEL M. STOWELL (RE. ALLEGED VEHICLE TIRE /RIM DAMAGE) Upon motion by Councilmember Mackenzie, seconded by Councilmember Spiro, with Mayor Reilly absent, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. t ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ ■ ■ ■ ■ t ■ ■ ■ ■ ■ ■ • • ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 11. COUNCIL, YEAR 2000 PROJECT - MATTERS RELATED TO THE GENERAL PLAN PROCESS 1) General Plan Oversight Committee Update Councilmember Mackenzie reported that the General Plan Oversight Committee meeting agenda had been posted and mailed, and that a meeting would be held tomorrow 8/11/99 from 6 -9 p.m. to continue to review draft plans regarding transportation, as well as, to continue the urban growth measure draft discussions. Mayor Pro Tempore Vidak- Martinez reported that the Committee met on August 5 with City Manager Netter and City Attorney Betsy Strauss to review concepts relating to UGB, purposes envisioned for UGB, kinds of amendments, exceptions that should be considered for inclusion, and other amendments. She stated that City Attorney Strauss provided a variety of options for consideration. Councilmember Mackenzie stated that the Committee would propose both commercial and residential developments, to include affordable housing and other segments of housing. Councilmember Mackenzie further stated that the Vice -Mayor and he had discussed with the City Manager and the City Attorney various proposals, and that they are reviewing possible restrictions that may need to be addressed in years to come. City of Rohnert Park Minutes 7 August 10, 1999 Mayor Pro Tempore Vidak- Martinez stated that there is not much land for many exceptions to the Plan. She stated that the City has very little options and that the separator makes the situation unique. Mayor Pro Tempore Vidak - Martinez announced that the full Committee would meet tomorrow night, 8/11/99. Mayor Pro Tempore Vidak- Martinez informed the Council that the Committee had received some good information and advice from City Attorney Strauss to assist them with their discussions. City Manager Netter summarized changes made to the milestone dates of the General Plan process timeline, and urged the importance of completing the project timely. City Manager Netter suggested several potential dates for the workshops. It was the consensus of the Council to schedule a Work Session with the City Council on Tuesday, September 7, 1999 from 6:00 p.m. - 9:00 p.m. Councilmember Spiro suggested that there may be a need to block additional dates. However, it was decided to set additional dates at the next Council meeting. Mayor Pro Tempore Vidak- Martinez stressed the importance of entertaining and addressing specific questions and concerns at the workshop. 2) Other There were no other matters for discussion under this item. 12. SONOMA STATE UNIVERSITY MASTER PLAN REVISION 1999 - PROPOSED PROJECT • Notice of Preparation of a Draft Environmental Impact Report 1) Staff Report City Manager Netter summarized this Notice. City Manager Netter stated that this was a major City impact project, and that the City Engineer will be reviewing the Plan. City Manager Netter stated that this was provided to the Council as an informational item. Councilmember Spiro asked at what point residents would be notified, and stressed the importance of communicating to business agencies as well as to governmental agencies. Councilmember Spiro requested that a notice be sent to commercial businesses in surrounding areas. Planning Director Wendie Schulenburg pointed out that the City is required to send notices to all affected agencies. However, Ms. Schulenburg noted that typically the notices are not sent to the private sector. Councilmember Mackenzie recommended that staff notify the Rohnert Park Chamber of Commerce. Councilmember Flores further recommended that a presentation be made at one of the Commerce's monthly meetings. City of Rohnert Park Minutes 8 August 10, 1999 13. PLANNING AND ZONING MATTERS: 1) Letter from Dr. James E. Bruns Regarding Redesign /Timing Costs and Requesting Reduced Building Permit and Hookup Fees City Manager Netter informed the Council that the letter was deferred to Joe Gaffney and Wendie Schuelenburg for further review and for detailed evaluation and that a report has been received from staff. Councilmember Flores noted that the analysis was well done and thorough. inrnncilmPmhPr Flnrec stated that he felt that Dr. Bruns should have been given some re- consideration, since, in fact, his project had to go to a second phase. Councilmember Flores stated that he felt that $8,900 is a reasonable request to consider. Mayor Pro Tempore Vidak - Martinez stated that she would support reducing the figure *because this is a unique situation related to City Center development. *C O R R E C T 10 N ABOVE from 8124/99 City Council meeting: Per Vice Mayor Vidak - Martinez (addition underlined) Staff, Planning Director, Wendie Schulenburg, noted Dr. Bruns would have been approved if he had not presented an alternative design at the Planning Committee Meeting. She further noted that the presentation of an alternative design was the reason for the delay, and for the need for additional costs from design staff. City Manager Netter responded to Council comments that City policy is not to waive fees. Upon motion by Mayor Pro Tempore Vidak Martinez, seconded by Councilmember Flores, with Mayor Reilly absent, and Councilmember Spiro dissenting, the Council approved the motion to refund $6,892 to help offset additional costs that may have incurred due to redesign of Dr. Bruns' facility in response to his request for reduction in building permit fees. For the record, Councilmember Spiro noted that since the City's policy is not to waive building permit fees, she voted no on the motion. 14. DATA NETWORK MAINTENANCE CONSULTING SERVICES: 1) Staff Report Finance Director Michael Harrow summarized the staff report on this item, outlining the reasons for support of hiring contracting vendors. Finance Director Harrow stated that an Information Services Manager Contractor would provide the City with better coverage. He stated also that the Technology Committee highly recommends approval of the contract. In conclusion, Finance Director Harrow stated that hiring a contractor would provide the City with more flexibility. City of Rohnert Park Minutes 9 August 10, 1999 City Manager stated that this was placed as a separate item on the agenda to provide Council with a clear picture of the structure of the Network and the team efforts involved for this process. Resolution No: 99 -183 APPROVAL OF AGREEMENT FOR CONSULTING SERVICES, DATA NETWORK MAINTENANCE WITH EXTRA TEAM Upon motion made by Councilmember Spiro, seconded by Councilmember Mackenzie, and unanimously approved, with Mayor Reilly not present, reading was waived and Resolution No. 99 -183 was adopted. 15. DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER MATTERS: 1) PAC Committee Report Councilmember Spiro highlighted events scheduled for the Performing Arts Center. She informed the Council that discussion was held regarding lighting for the Center and that the Committee is waiting for a proposal to be presented to the Council on the Events Message Board. Councilmember Spiro requested that Council reserve 4/27 -30 for upcoming events to be planned during the 1999/2000 season, particularly the 28th & 29th. Councilmember Mackenzie expressed concern that the Marin Symphony is filling a vacant date from their schedule. Councilmember Mackenzie expressed concern over the high costs for contracting the group. Councilmember Mackenzie suggested that the Performing Arts Center Committee meet and review budget plans. 2) Items for Council Approval Season 99 -2000 and Ticket Prices Council concurred with the Season Schedule, with Councilmember Mackenzie's reservations. • Replacement for Symphony City Manger Netter stated that this .item would be placed on the next agenda. (YOUTH REPRESENTATIVES: SENIOR MANISHA HALL & JUNIORS HARJIT BANWAIT & NATHAN BECKER ARRIVED AT 9:00 P.M.) Mayor Pro Tempore Vidak- Martinez asked if the Youth Representatives to the City Council wished to give their report at this time. City of Rohnert Park Minutes 10 August 10, 1999 Youth Representatives apologized for being late, and provided the Council with brief comments as summarized below: • Sr. Manisha Hall informed the Council that she is the Secretary of the ASI • The first school activity will be Freshman Orientation • Football practice starts on 8/16/99 with the first game scheduled for 9/10/99 • Plans to renovate the school Multi- Purpose room and bathrooms Councilmember Spiro suggested that the Youth Representatives consider the PAL building as a Teen Center with Community Outreach for Youth and Family CAP NnGQ WnN7T l avan ;f fnr nnly n tPmnnrnry 1nontinn Cnlinrilmemher Rnim _ suggested this matter be placed on next agenda and requested a report from the City Manager regarding feasibility. City Manager Netter noted that he has proceeded to pursue this feasibility. 16. CITY CENTER PROPOSAL FROM SPECTRUM GROUP (FOLLOWING 8/5/99 WORKSHOP) Mayor Pro Tempore Vidak - Martinez. summarized the scope of services provided by the Spectrum Group. She stated that the Group is interested in commercial as well as residential development of the City Center or Civic Center. She further reported that discussions are still in the early stages. She pointed out that the Council would not make any final decisions until a detailed report is received from the City Manager and Staff. Councilmember Spiro noted Council appeared to be supportive of utilizing the Group. City Manager Netter stated further that the company focuses on very specialized projects for mixed use. Mayor Pro Tempore Vidak- Martinez noted also that the Spectrum Group is very in tune to meeting timelines proposed for Civic Center Project. 17. COUNCIL COMMITTEE & /OR OTHER REPORTS: 1) Library Subcommittee, 8/10/99 Meeting Councilmember Flores summarized his written report, for the Council. He noted the cost for the library is considerably higher than Council's original recommendation. Councilmember Flores stated also that the recommendation is to consider the possibility of selling the existing library, sale of City Hall, and designate money to building the library. However, Councilmember Flores pointed out that there are other groups interested in the project, He noted that there is a possibility to construct the library with both public and private funds, as long as the end result is a quality library. He also noted that Heald College is interested in leasing the top part of the library. Councilmember Flores recommended to place consideration of dedicating the *City Seal City Hall sale to the Library Project on the 8/24 Council meeting agenda. *C 0 R R E C T 10 N ABOVE from 8/24/99 City Council meeting: Per Councilmember Flores (deletion lined out/addition underlined) City of Rohnert Park Minutes 11 August 10, 1999 2) Association of Bay Area Governments (ABAG) 8/4/99 Meeting (JM) Councilmember Mackenzie reported that he attended an ABAG meeting on 8/4/99. Councilmember Mackenzie requested that correspondence received from the Marin County Board of Supervisor be agendized for the 8/24/99 Council meeting. Councilmember Mackenzie stated that he found the correspondence from ABAG requesting a 25% population increase in Sonoma County, and a 50% job increase to be interesting. 3) Recreational Vehicle Parking Committee Meeting (LS) Councilmember Spiro commended attendees to the first RV Committee meeting. Councilmember Spiro reported that the meeting went very well and that there was no animosity among those present. Councilmember Spiro commended staff and the Committee for their efforts. 4) Cable TV Committee Meeting (LS /AF) Councilmember Spiro stated that the Cable TV meeting was very involved, but the draft was not yet completed. Councilmember Spiro and Councilmember Flores will report back to the Council with a full report. 18. TRANSPORTATION MATTERS: 1) Sonoma County Transportation Authority (SCTA), 8/9/99 Meeting a) Including SCA 3 (Burton) - Transportation Bill Update Councilmember Mackenzie acknowledged the presence of SCTA Director Suzanne Wilfred, and requested that City Engineer Gaffney provide the Council with an update. City Manager deferred discussion of this matter to City Engineer Joe Gaffney. Mr. Gaffney informed the Council that the City is approximately $1.2 million dollars short. Mr. Gaffney stated that one option would be for Caltrans to reduce the scope of the project to better fit the City's budget. He noted, however, that Caltrans has indicated that they were not willing to do so. City Engineer Gaffney stated that he met with an associate of Congresswoman Woolsey, Tom Rocks, urging his assistance to communicate with Caltrans. Regarding researching additional funds for the project, Mr. Gaffney stated that SCTA suggested reallocating money the City had for Wilford Ave right - of -way. Other funding sources will become available in the future. City Engineer suggests that the City continue to pursue convincing Caltrans to reduce the scope of the project. City of Rohnert Park Minutes 12 August 10, 1999 b) Letter request from SCTA for Council re- endorsement of Expenditure Plan Ms. Wilford, Director of SCTA , advised that the statewide half -cent sales tax ballot measure has passed the Senate. Ms. Wilford summarized various amendments being considered regarding the Measure. Resolution Nos: 99 -184 RECONFIRMING SUPPORT OF THE 1998 TRANSPORTATION BALLOT MEASURE EXPENDITURE PLAN T Tnnn a mntinn by Councilmember Mackenzie, seconded by Councilmember Flores and unanimously approved with Mayor Reilly not present, reading was waived and Resolution No. 99 -184 was adopted. 19. 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. Councilmember Spiro reviewed Communication Item #4 from Lee Jurgill/Senior Advisory Commissioner regarding portable basketball hoops at residential homes projecting out on sidewalks making it difficult for disabled people using walkers or electric scooters to maneuver around these obstacles. Ms. Spiro urged enforcement of keeping the basketball hoops up.in the driveways and off the sidewalks. Council agreed. 20. OTHER MATTERS FROM/FOR COUNCIL: 1) Scotland Parliament Report Councilmember Mackenzie reported on his visit to the Scotland Parliament including his presentation of Rohnert Park's Resolution to the Deputy Presiding Officers of Parliament, Councilmember Mackenzie stated that when he receives acknowledgement from Parliament, he will provide Council with a more memorable report. Councilmember Mackenzie thanked the Council for the opportunity to represent the City. 2) Mayors' & Councilmembers' Association General Membership Meeting July 8, 1999 • Consideration of Letter from Santa Rosa Councilmember Marsha VasDupre Re. Census Count Committee - Outreach to Community City Manager Netter reported on this major countywide effort urging public participation and to ensure proper census report information. City Manager Netter suggested the need for a letter expressing Council commitment and comments in support of this endeavor. Council concurred. Councilmember Flores, noted that in the past, census reports have been inaccurate, and stressed the importance of sound reports, and to consider the financial impacts. City of Rohnert Park Minutes 13 August 10, 1999 3) Building Blocks: Current Research on Early Childhood Development and its practical Applications - One Day Learning Session, Thurs., Aug. 26, 1999, 9:00 a.m.- 3:00 p.m., at Sonoma County Office of Education in Santa Rosa Council noted that this workshop was reviewed earlier this evening during Unscheduled Public Appearances. 4) Strategic Planning Workshop, Tues., Aug. 24, 1999, 6:00 -7:30 p.m. prior to City Council meeting with Rick Brown, The Results Group Mayor Pro Tempore Vidak- Martinez announced that the Strategic Planning Workshop was scheduled for August 24, 1999 prior to the City Council Meeting with Representative Rick Brown of the Result Group. 5) Non - Profit Groups Lease Space Regarding the leasing of space for SCAYD and the Learning Institute, Councilmember Flores asked if they are proceeding on the original schedule; City Manager Netter responded yes. 6) Vacant Lot East of Spreckels Performing Arts Center Regarding the lot east of the Spreckels Performing Arts Center, Councilmember Flores expressed concern regarding the unattractiveness of the lot and suggested the feasibility of using the land for parking in the future. He suggested an interim plan for the lot to make it more attractive. City Manager Netter stated that he would report back to the Council on recommendations for the lot. 7) Green Power (Geysers Plants to Provide Power) Councilmember Mackenzie referred to 8/7/99 meeting he attended and Press Democrat news article and requested staff to determine if there were any beneficial possibilities for the City from aqueduct water. City Manager Netter responded that staff would investigate possibilities. 21. CITY MANAGER'S REPORT: . 1) Pigeon Permit Application Update & Consideration of An Urgency Ordinance adding Chapter 1.24 (Nuisance Abatement) to the Rohnert Park Municipal Code City Manager referred to review of this item at the previous meeting and reported that the application was non - compliance status. City Manager stated that a letter was sent to Mr. Delgadillo to abate the pigeons and notify him that his property did not meet requirements for a pigeon permit. City Manager Netter stated that staff is requesting that the Council consider an Urgency Ordinance, and if not abated, that the Council adopt an abatement procedure that can be mandated through court action as necessary. City of Rohnert Park Minutes 14 August 10, 1999 City Attorney Strauss, noted that the abatement procedure has been started with the City Manager's letter. If abatement does not occur, City Attorney Strauss stated that the City could abate the pigeons either with employees or contractors and charge the costs to the property owner. However, City Attorney Strauss stated, in order to follow procedure, the City needs to adopt an Urgency Ordinance. City Attorney Strauss suggested that the Council adopt the Ordinance in case it wants to use the Ordinance in this case or in future cases. Mr Martin MgrJ)onalcl with the Sonoma County Racing Pigeon Club, spoke briefly in support of allowing the property owners to complete the pigeon race season to mid - October. Councilmember Mackenzie noted that the Ordinance has never been tested and suggested that Council examine the Ordinance more thoroughly, rather than adopting the Ordinance as an Urgency Ordinance. Councilmember Flores stated that the City could have a problem and be challenged in terms of property line distance. He noted concern that we allow resident to at least complete the pigeon- racing season to the middle of October. City Manager Netter expressed concern that the residential area is not accommodating to his business. City Manager Netter informed the Council that Mr. Delgadillo has in excess of 90 pigeons, and that the resident already has a court date regarding complaints. City Attorney Betsy Strauss noted letter drafted for this item indicates the abatement date for removal of the pigeons and structures is 8/24/99. City Attorney Strauss noted that extending the date is at Council's discretion. Councilmember Flores suggested allowing a voluntary extension date until the completion of the racing season. City Manager pointed out that the property was cited as a criminal matter and that a trial date has been set for 8/19/99. EXTEND COUNCIL MEETING: Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores and unanimously approved, with Mayor Reilly absent, to extend the meeting past 10:00 p.m. to finish necessary agenda items. Urgency Ordinance No: 654 Upon motion made by Councilmember Flores, seconded by Councilmember Mackenzie, and approved, with Mayor Reilly absent, and Councilmember Spiro dissenting, to require owner to remove all pigeons and coops by abatement date 10/15/99 with amendment by Councilmember Mackenzie for the Council to review further the Ordinance, and have further debate with full Council including review of the required 75 ft. footage. City of Rohnert Park Minutes 15 August 10, 1999 Mayor Pro Tempore Vidak - Martinez stated that she agrees with extending the date. She encouraged the owner to be considerate of neighbors and suggested that the Council make the finding mandatory. 2) Japanese Garden Update City Manager Netter reported on the status of the Japanese Garden. Staff is awaiting estimates for renovations for atriums and will report back to the Council. 3) Golf Course - Mt. Shadows 2000 Proposal - Update City Manager Netter reported that meetings are continuing with Mountain Shadows representatives with various issues being discussed. Councilmember Spiro suggested the need to schedule a Golf Course Committee meeting to address concerns of residents and golfers. 22. CITY ATTORNEY'S REPORT: 1) Items from Closed Session: The Mayor Pro Tempore's report on the closed session was sufficient. 2) Other City Attorney Strauss indicated that she had no other reports at this time. 23. ADJOURNMENT: There being no further business, Mayor Pro Tempore Vidak- Martinez adjourned the meeting at approximately 10:15 p.m. Teresa Taylor -King ecorder (081099.mn) Vicki Vidak- Martinez, Mayor Pro Temp