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1999/09/14 City Council MinutesRohnert Park City Council Minutes September 14, 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 Reilly 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 Reilly called the regular session to order at approximately 6:50 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Spiro, Vidak- Martinez, and Mayor Reilly. Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Strauss, Assistant City Manager Leivo, City Engineer Gaffney, Planning Director Schulenburg, Public Safety Director Rooney, Recreation Director Barry, Finance Manager Harrow, Fire Services Commander Cassel, Management Analyst Fogle, and Recreation Services Manager Hartnett. 1. CLOSED SESSION: Mayor Reilly reported on the closed session which commenced this evening at 6:00 p.m. to discuss the matters listed on the agenda attachment, representing an update. No action was taken and there was nothing further to report at this time with the exception of the following comments. Mayor Reilly reported that the Council reviewed the Hillsboro settlement discussion matter and that the City Manager will provide a report later on the Agenda. Mayor Reilly reported that a final letter is being written on this matter and will be ready for distribution. Mayor Reilly also reported that a letter was received regarding the Town Center real estate negotiations and that the City Manager will report on this matter later. 2. APPROVAL OF MINUTES: Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the minutes of August 24, 1999 were unanimously approved as amended. 3. APPROVAL OF BILLS/DEMANDS FOR PAYMENT: Upon motion by Councilmember Mackenzie, seconded by Vice -Mayor Vidak- Martinez, bills presented per the attached list in the amount of $1,591,813.18, were unanimously approved. Rohnert Park City Council Minutes (2) September 14, 1999 4. ADDING INFORMATIONAL NON- AGENDAED MATTERS: Mayor Reilly asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. Councilmember Spiro requested to discuss, under Council Committee Reports, a recommendation that the Council meet three times a month instead of twice a month. Councilmember Flores signified one item for discussion under Council Committee and Other Reports, request for update on recreational and boat storage. Vice -Mayor Vidak- Martinez requested to speak on the Chili Cookoff, and Councilmember Mackenzie wished to address two items under Council Committee and /or Other Reports: Parks & Recreation Commission & Sonoma County Agriculture Preservation and Open Space; and one item under Matters from Council, Fall General ABAG Meeting. Mayor Reilly requested a summary report on the Redevelopment Agency. 5. INTRODUCTION OF NEW RECREATION SERVICES MANAGER, JOHN HARTNETT Recreation Director Barry thanked the Councilmembers for attending the ribbon cutting ceremony for the improvements to the tennis courts and soccer fields at Magnolia Park. Recreation Director Barry also extended an invitation to the public for the Founder's Day Parade, and encouraged them to attend. Director Barry then introduced the new Recreation Services Manager, John Hartnett. Mr. Hartnett summarized his job experience for the Councilmembers' information, pointing out that he has twelve years prior city government experience. Mr. Hartnett noted that his background was in cultural arts and that he loves the field of parks and recreation. Mr. Hartnett expressed appreciation for his appointment to the position. Recreation Director Barry stated that some of Mr. Harnett's job duties include overseeing the operations of the Community Center, recreation centers, special interest classes, instructors, staff of the Senior Center and the Teen Center staff. 6. YOUTH REPRESENTATIVE to the CITY COUNCIL from 1999 -2000 Youth of the Year Program selections 1) Recognizing Youth Representatives: Senior Corinna Cole & Juniors Raymond Bacani & Nicole Henderson Youth representatives provided the Councilmembers with a written report and summarized its contents. They stated that the faculty has updated the crisis evacuation routes for the school. Junior Bacani stressed the continued need for a Youth Center and stated that the youth would still like to explore utilizing the PAL facility for the Youth Center. Mr. Bacani stated that some of the uses for the Youth Center could be a place for dancing, and for friends to hang out together on weekends. The Youth further stated that a facility for a Skateboarding Park is also desirable. Rohnert Park City Council Minutes (3) September 14, 1999 Senior Cole reported on the traffic problems at the intersection of Snyder and Camino Colegio, and the exit of the teacher's parking lot. Senior Cole stated that the problems occur at the beginning of school, at the end of school, and during lunchtime. Senior Cole suggested the need for a permanent fixture during these times. Mayor Reilly stated that he, along with others, have been trying to find a skateboard park preferably on the West Side of the City. Mayor Reilly stated also that discussions have been ongoing for a Teen Center. Mayor Reilly stated, however, that the PAL building is not feasible because of the uncertainty of its future existence. Mayor Reilly informed the Youth Representatives that Councilmember Mackenzie and Vice -Mayor Vidak- Martinez have planned a meeting with the youth. Mayor Reilly suggested that for a Teen Center to work, the youth would need to develop a comprehensive Plan. Councilmember Mackenzie thanked the Youth Representatives for providing Council with written reports. 7. SONOMA STATE UNIVERSITY ASSOCIATED STUDENT REPRESENTATIVE • Recognizing SSU Associated Student, Inc. Representative There were no SSU representatives present. 8. SCHEDULED PUBLIC APPEARANCES: 1) Representative from Education Foundation Status Report for 1999 Chili Cook -Off at Rohnert Park Stadium, Sat., Oct. 9, 1999 Mr. Fred Brokah, President of the Education Foundation, summarized the highlights of accomplishments to date for the upcoming Chili Cook -Off, He reported that plans are proceeding nicely. Mr. Brokah stated that the entertainment would consist of various bands which will play throughout the day, including a Public Safety group and a reggae group. Mr. Brokah also stated that the promotional activities are moving well, and that the promotional ads will come out three weeks in advance. Mr. Brokah noted that advertisement would include radio promotions, Press Democrat coverage, TV 50 coverage, as well as banners across main streets of Rohnert Park and maybe the City of Cotati. Regarding security, Mr. Brokah reported that the event would utilize both Public Safety staff and private security staff, Mr. Brokah described the physical layout for the event activities. Mr. Brokah informed the Council that, to date, twenty contestants have submitted applications with fees and that an additional 20 persons have requested applications. Mr. Brokah stated that participants are coming from as far as Canada and Texas. Rohnert Park Cite Council Minutes (4) September 14, 1999 Mayor Reilly stated that the Cook -Off starts at 12:00 noon on October 9th at the Rohnert Park Stadium. Mayor Reilly pointed out that the event is the official casting spot for the State of California contestants for a worldwide event. 2) Lynne Conde, Chairperson of the Steering Committee for the New Library Project, expressed appreciation to the City Council for their hard work on the project. Ms. Conde stated that the Committee focus has been on fundraising and that they have received donations towards the project from several local businesses. In conclusion, Ms. Conde urged the City to keep to the original timeline, August, 2001, for the completion of the library project. 3) Ralph Hornbuckle, 4951 Fern, Rohnert Park: Mr. Hornbuckle expressed concern that citizens take the fire and police personnel for granted, and that they are unappreciative of their service. Mr. Hornbuckle stated that citizens rarely thank police and fire personnel for their services to the community. Mr. Hornbuckle concluded his remarks by thanking staff and the Councilmembers for their efforts. 4) Joe Dorego, 8201 Camino Colegio, Rohnert Park, CA: Mr. Dorego was not present for his scheduled public appearance. 9. AMERICAN GOLF CORPORATION - STEVE HARKER, V. P. OPERATIONS & TEAM • Mt. Shadows Golf Course - Conditions, remedies and future improvements Steve Harker, Vice President of Operations, expressed concerns regarding the conditions of the golf courses in the City. Mr. Harker stated that he and his corporate general manager met with golfers to listen to their concerns and complaints. Mr. Harker stated that the immediate problems exist because the pump system has developed an algae problem causing the sprinklers not to work at times because they are clogged. Solution would be to install two systems on each of the wall pumps to dissolve the algae, which cost $50,000 for improvements. Mr. Harker stated that his corporation has continued to invest money for improvement of the golf courses in the City. He stated that the system has drainage problems. Mr. Harker pointed out economic problems also, with losses to the golfers, the corporation, and the City. Mr. Harker pointed out that a meeting had been scheduled by the City Manager for the 29th to hopefully discuss solutions. Mr. Dudley Logan, 6094 Diane Ct., Rohnert Park: Mr. Logan informed the Council that he was a professional golfer and stated that he was in support of Mr. Harker's statements. Councilmember Flores commented that he was pleased with the analysis of the golf courses provided by Mr. Harker. Councilmember Flores stated that he is looking forward to attending the planned meeting, along with Councilmember Spiro, the City Manager and members of the Committee, to come up with a specific plan and timetable for improving the golf courses in Rohnert Park. Rohnert Park City Council Minutes (5) September 14, 1999 Councilmember Spiro stated that she is open and would like to hear from golfers in the community on how they feel about the golf courses. City Manager Netter informed Council that a meeting would be held with staff tomorrow at 11:30 a. in. at City Hall to meet with the Executive Vice - President Joe Gera, to review the proposal. 10. UNSCHEDULED PUBLIC APPEARANCES: Mayor Reilly 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). Mayor Reilly requested that speakers limit comments to 3 minutes: 1) Ben Friedman, 655 Enterprise Drive, Rohnert Park: Mr. Friedman expressed concern regarding the increase in his rent and stated that the City of Rohnert Park has an obligation to protect the citizens of the City. Mr. Friedman asked the Council to propose that landlords can not raise rents higher than the governmental index. Mr. Friedman stated that his monthly rent has been raised from $735.00 to $980.00. Mayor Reilly suggested that Mr. Friedman submit a written request to be provided to the City Attorney for review of his concerns related to this matter. 2) Len Carlson, 349 Circulo San Blas, Rohnert Park: Mr. Carlson contested the City's opinion on Hillsboro. He expressed concern as a resident of Rancho Grande, that the City is in control of the interpretation of the Ordinance. Mr. Carlson stated that the agreement between Hillsboro and the City to put a $425.00 cap based on all of the parks in Rohnert Park is not legal. 3)Marty Grindahl, 204 Circulo Nuevo, Rohnert Park: Ms. Grindahl of Rancho Grande spoke regarding the mobile home park matters and expressed support of the Hillsboro settlement. Ms. Grindahl stated that the survey was not a vote of the residents. Ms. Grindahl stated that the vote on the 17th was by raising of hands and included non - residents of the Mobile Home Park. Ms. Grindahl stated that the residents at the meeting agreed to the $75.00 increase. 4) Robert Fleak, 157 Parque Recrero, Rohnert Park, CA : Mr. Fleak of GSMOL summarized his written report provided to the Council expressing opposition to the Hillsboro settlement. 5) Tim Smith, 4467 Hollingsworth Circle, Rohnert Park: Mr. Smith spoke regarding the library project expressing concern with sharing the library building with City staff, and stated that he would prefer that the library remain at the current site with renovations. Rohnert Park City Council Minutes (6) September 14, 1999 6) Oliver Peterson, 7911 Burton Avenue, Rohnert Park: Ms. Peterson stated that she is a member of The Friends of the Library. This organization generated approximately $167,000 in revenues, and makes $14,000 per year from book sales. Ms. Peterson noted that initially she was in favor of remaining at the current site. Ms. Peterson noted the importance of the library space having good vision, and stated that making the library work is the County Library System's responsibility. 7) Robert Young, 6086 Diane Court, Rohnert Park: Mr. Young stated that the dPVPlnnmP.nt of the New City Hall and Library are izoals of the Citv Center. He urged Council to stay focused on the goal. 8) Ms. Chloe DeBrunner, 5731 Dorian Dr., Rohnert Park: Ms. DeBrunner of the Library Advisory Board, stated that she was disappointed and concerned about the turn of plans for the library development. Ms. DeBrunner stated that she feels that the original plan was for a library to be enjoyed. 9) Hertzel Harrison, 4413 Hamlet Ct., Rohnert Park: Mr. Harrison stated that the new plans do not appear to be well thought -out plans for the City Hall and library. He noted that the original plans were more feasible. He stated that the proposed new plans are not economically feasible. He expressed concern with changes to the original project plans. 10) Ruth Barrett, 810 Holly St., Rohnert Park: Ms. Barrett, Chairperson of the Library Advisory Board expressed concern over the change in plans for' the library development. She stated that the Board does not like the idea of combining the two buildings. She expressed concern regarding a possible parking garage because of her fear of safety. 11) Charles Kitchen, 4457 Hollingsworth Circle, Rohnert Park: Mr. Kitchen stated that at a meeting last year regarding golf course discussions since 1994, concerns were expressed regarding over - watering and irrigation. He suggested re- negotiating a complete contract with American Golf. 12) Sylvia Fernandez, 7205 Ruby Ct., Rohnert Park: Ms. Fernandez spoke as a 10 -year resident of Rohnert Park regarding open access for cable access. She stated that she is in favor of an open network which would provide wider selection. She expressed concern regarding consumer rights to choose from numerous Internet providers and that no consumer should have to pay twice. 13) Barrymore Ivers, 5753 Davis Circle, Rohnert Park: Mr. Ivers expressed concerns on the golf course and provided Council with written information, noting that communications from the City Manager's office provides information on these concerns from 1988 -98, which he understands will be reviewed at the Sept. 29th Committee meeting. He stated that he was particularly concerned with the drainage problems and recommended keeping surcharges to a minimum. Rohnert Park City Council Minutes 01 September 14, 1999 14 & 15) Nan Crawford, 394 Circle Lane, Rohnert Park: Violet Moir, 411 Sonoma Lane, Rohnert Park: Congratulated the Mobile Home Committee and staff and indicated that coming to a settlement in the Hillsboro case was the right thing to do. It was noted that one vote per space was the correct way to proceed and that having a cap on the increase was fair. 11. CONSENT CALENDAR Mayor Reilly asked if there were any questions regarding matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Acknowledging City Manager /Clerk's report on posting of the meeting's agenda Mayor Reilly read Resolution Titles Resolution Nos: 99 -191 DECLARING SATURDAY, SEPTEMBER 18, 1999 "POW/MIA RECOGNITION DAY" 99 -192 PROCLAIMING WORLD POPULATION AWARENESS WEEK, OCTOBER 10-16,1999, "THE YEAR OF SIX BILLION" 99 -193 PROCLAIMING OCTOBER AS NATIONAL BREAST CANCER AWARENESS MONTH AND SATURDAY, OCTOBER 16, 1999 AS NATIONAL MAMOGRAPHY DAY 99 -194 CALLING FOR SEALED PROPOSALS FOR A CONTRACT FOR THE MAINTENANCE AND REPAIR OF WELLS 99 -195 CALLING FOR SEALED PROPOSALS FOR THREE (3) ALL TERRAIN VEHICLES FOR PARK MAINTENANCE 99 -196 CANCELING THE AWARD OF CONTRACT FOR REPLACEMENT OF FLOORING AT THE SENIOR MULTI -USE ROOM 99 -197 AUTHORIZING THE SALE AND /OR DISPOSAL OF MISCELLANEOUS SURPLUS EQUIPMENT AND VEHICLES THROUGHOUT FISCAL YEAR 1999 -2000 99 -198 AUTHORIZING AND APPROVING A LETTER AGREEMENT WITH MACIAS, GINI & COMPANY FOR SPECIAL ACCOUNTING SERVICES TO ASSIST THE CITY WITH TENANT COMPLIANCE EVALUATION OF LEASE AGREEMENT WITH AMERICAN GOLF 99 -199 AUTHORIZING AND APPROVING A LETTER AGREEMENT WITH SCOTT ARCHITECTURAL GRAPHICS, INC. FOR SPRECKELS PERFORMING ARTS CENTER WALL SIGN 99 -200 REJECTING THE CLAIM OF CLIFF MILLS (RE: WATER LINE REPAIR) Upon motion by Councilmember Spiro, seconded by Councilmember Flores, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Rohnert Park City Council Minutes (8) September 14, 1999 12. COUNCIL YEAR 2000 PROJECT - MATTERS RELATED TO THE GENERAL PLAN PROCESS 1) Report on Joint Meeting with Planning Commission of 9/7/99 Mayor Reilly announced that the Council and the Planning Commission met regarding the general plans submitted to date. Mayor Reilly noted that all 10 members were present at the meeting. • Discussion included the following Comments: City Manager Netter noted that there was concern regarding the length of the meetings. Councilmember Flores stated that he was comfortable with the work session results and the work that the Committee is doing, but, that he would like to have similar meetings for the Library Project. Councilmember Spiro stated that the Committee is doing a wonderful job, but encouraged the input of all Councilmembers comments and concerns. Councilmember Spiro stated that she would like a future worksession on the Plan. Mayor Reilly stated he would also like future meetings. He stated that he is not totally satisfied with some of the elements of the Plan. Councilmember Spiro stated we have a commitment to have unanimous votes on issues. She stated if no input is made, that she is not in a position to vote unanimously. Vice -Mayor Vidak- Martinez agreed for the need for future work sessions. She requested that Councilmembers be mindful of the enormous amount of time the planning has taken. Mayor Reilly stated the importance of input from all Councilmembers before supporting the final product, and that we. need a final product that all members can support. • Choose Date, Time for Joint Session on UGB Language Mayor Reilly asked for suggested dates. City Manager Netter stated that following tomorrow's meeting, would look at future dates. Councilmembers shared their meeting date constraints with the City Manager. Rohnert Park Citv Council Minutes (9) September 14, 1999 2) General Plan Oversight Committee Update (VVM /JM) Councilmember Mackenzie informed the Council of the General Plan schedule. He noted that a series of workshops are scheduled for October and November to develop an updated general plan document by January or early February so that we can have a document for print prior to the 3/7/2000 election. Councilmember Mackenzie stated that the Committee would continue to proceed on schedule, and he encouraged Councilmembers and Planning Commission Members to inform the Committee of specific items that they would like for the Committee to address. 13. MOBILE HOME PARK MATTERS: 1) Rancho Grande Mobile Home Park, 8/21 mtg. (AF /JR) a) Council Committee /City Attorney Report on Proposed Settlement Agreement Councilmember Flores stated that the issue with the Mobile Home & Hillsboro matter is a very emotional issue. Councilmember Flores summarized a few aspects of the Committee's charge, and provided a background overview of the issues. He reported that an owner of Rancho Grande met with the Committee to finalize the Agreement and that the Committee tried to reach an agreement with all of the park owners. Councilmember Flores stated that the .agreement with Hillsboro was the essence of the dispute. Councilmember Flores pointed out that the Committee entertained comments from park residents on acceptable and non- acceptable issues. Councilmember Flores stated that based on the analysis done by City Attorney Strauss, it was obvious that the ruling by the Judge would not be changed. Councilmember Flores summarized the final recommendations of the Committee. Councilmember Flores recommended approval of the Agreement. Council Discussion Mayor Reilly concurred with Councilmember Flores' comments regarding the emotionalism of the matter. Mayor Reilly further summarized the background of the mobile home park issues, and the processes that have been followed. Mayor Reilly noted that he has requested the City Attorney to inform Council of its options, and based on the City Attorney's recommendations, the Council will make a decision. City Attorney Strauss stated that the matter of the Court of Appeals is briefed. She noted that both she and prior City Attorney Flitner were not optimistic about the ruling of the Court of Appeals being overturned, which means that the decision of the lower court would stand.. City Attorney Strauss stated that the Council could settle the matter along these terms, and that any such settlement. would be contingent upon necessary amendments to the Code being passed by a 4 /5ths vote. She stated that any such amendments to the Code would be subject to a public hearing. Rohner( Park Citv Council Minutes (10) September 14, 1999 Council Action: Upon motion by Councilmember Flores, seconded by Vice -Mayor Vidak- Martinez, and approved by a 4 -1 vote, with Councilmember Spiro dissenting, to approve the elements of the Hillsboro settlement and to begin the process required for changes to Ordinance 494. For clarification_ Mayor Reilly stated that onlv Rancho Grande residents were eligible to vote, and that 67% were in attendance to vote. City Attorney Strauss stated slightly fewer than 50% of eligible voters voted. Councilmember Spiro, for the record, stated that she voted no on the motion only because of comments made tonight under item #3, to notify people that did not have opportunity to vote. Mr. Martin stated that a meeting was held in the Rancho Grande meeting room, and that the matter was voted down. Mr. Martin noted that there are 248 mobile home units in Rancho Grande with 350 residents and that the Council could not take votes away from the people. Mr. Martin expressed displeasure with the process used and stated that they were prejudiced and discriminatory. Mr. Martin stated that it was not up to Council to set rent increases. Mayor Reilly stated that the Council decision was based on what the majority of the residents wanted of the City. Nan Crawford, resident of Rancho Grande: Ms. Crawford stated that the people who voted expressed their opinions. She pointed out that the notice was submitted timely with a note to contact the City if they had questions. Regarding issue to contest court decision, she noted that the Rent Appeals Board was charged to deal with the Ordinance only, and that any contestants to such had to go before the courts. MAYOR REILLY CALLED FOR A BREAK AT 9:25 P.M. THE MAYOR RECONVENED THE COUNCIL MEETING AT 9:35 P.M. 14. MEGAN'S LAW - UPDATE ON DISCREPANCIES OF STATISTICS City Manager Netter advised that Council was provided with the Dept. of Public Safety Report for this item. City Manager Netter noted that Public Safety Director Rooney and Fire Services Commander Cassel were present to answer Council questions. City Manager Netter stated that the staff report references statistical differences and discrepancies of the law. Rohnert Park City Council Minutes (11) September 14, 1999 Councilmember Flores suggested that the report be shared with Mr.Woodcock who brought the matter to the attention of the Council. Mayor Reilly requested City Attorney Strauss to provide Council with a report on procedures to assist residents in obtaining the updated information, and to provide a report on the City's role and responsibility on Megan's Law. 15. DEPARTMENTMENT OF PUBLIC SAFETY FIRE SAFETY FIRE SERVICES Presentation by Director of Public Safety Patrick E. Rooney and Fire Services Commander Bob Cassel — " Rohnert Park Fire Services — Past, Present & Future" City Manager informed the Council that the Department of Public Safety Fire Services staff has prepared a presentation on the past, present and future of Fire Services provided to the citizens of Rohnert Park. City Manager Netter referred this matter to Public Safety Director Rooney. Public Safety Director Rooney thanked the Councilmembers, the City Manager and the community for their support for approving the changes to responding to the fire issues. Public Safety Director Rooney introduced Fire Services Commander Cassel to present the history and the present accomplishments and operations of the department. Commander Cassel presented a status report on the Fire Services in Rohnert Park, using a slide presentation. The presentation highlighted where the department was five years ago, where the department is now, and where the department envisions to be five years from now. Commander Cassel stated that currently the department's plan identifies shortcomings, and modifies training programs to address issues. He noted that half of the department is in training alternatively weekly. He pointed out that some training overlaps, some is mandatory, and that some is specific only to fire services. EXTEND COUNCIL MEETING: Upon motion by Councilmember Mackenzie, seconded by Councilmember Spiro, and unanimously approved, to extend the meeting past 10:00 p.m. to finish necessary agenda items. Council Discussion /Questions /Comments on Rohnert Park Fire Services: Councilmember Flores asked if the General Plan is in agreement with the City's fire needs. Commander Cassel responded that the Plan was in agreement with the City's fire services needs. Rohnert Park City Council Minutes (12) September 14, 1999 Commander Cassel explained the rotating timetable for transfer of staff on a 3 and 1 year rotation schedule. Mayor Reilly noted that he attended a meeting for public comment along with Commander Jorgenson. Mayor Reilly stated that he was pleasantly surprised that Rohnert Park interacts with Turlock on a regular basis. Councilmember Mackenzie suggested that the report be made available to citizens upon request. 1) Fire Benefit Assessment 1999 -2000 and Beyond • Staff Report/Procedures, Plan and Time Line City Manager Netter pointed out that this item is related to the next item listed on the agenda, and would be addressed under that item. City Manager Netter stated that this is a good educational benefit to the community. 2) Fire Benefit Assessment 1996 -97 through 98 -99 • Staff Report on Procedures for Claims from Property Owners on previous assessments City Manager Netter advised that the City would not challenge the court's decision, which relates to Proposition 218 for this item. City Manager Netter stated that the staff report outlines potential procedures to follow, and that the memo outlines the new process and timeline to meet deadlines. • Review Letter and Procedures City Manager Netter reviewed the staff report for this item. He reported that a legal opinion on Fire Assessments has been received from City Attorney Strauss. City Manager Netter pointed out that two subsequent years will have to be included, and that guidelines and procedures have been developed for distribution. City Manager Netter pointed out that the developed procedures would allow property owners to forego refunds. Councilmember Flores suggested that the funds be specifically designated for fire services. City Manager Netter stated that the Council would authorize that the funds pay for past services. Mayor Reilly asked who would receive refunds, if there were multiple property owners over time. City Manager Netter stated they would go with the current rolls. City Attorney Strauss stated that if ordered by the Court to send to the current owner, that it would be between the owner of record and the predecessor to seek prior refunds. Rohnert Park City Council Minutes (13) September 14, 1999 City Manager Netter requested approval of the draft letter and text prior to the City proceeding with the process. Council concurred with staff recommendations and letter. • Discuss Possible Budget Impacts & Remedies City Manager Netter informed the Council that Finance Director Harrow was preparing several scenarios to refunds, and that a report will be presented at a future meeting. 16. NON- PROFIT GROUPS LEASE SPACE ASSISTANCE AT PADRE TOWN STATION 1) Padre Town Negotiations/Results - Staff report City Manager Netter deferred this matter to Management Analyst Angela Fogle, who summarized her staff report provided for this item. Ms. Fogle informed the Council that negotiations with the full rent subsidy previously approved by Council was unsuccessful and this alternative plan was not financially feasible for the owners of Padre Town Station. During this time, a grant was received in the amount of $25,000 for the Community Outreach for Youth & Families (COYF) for the joint program with SCAYD for a community technology training center. Ms. Fogle stated that the program would include a one stop shop and joint meeting rooms. Ms. Fogle summarized a plan discussed with SCAYD. Ms. Fogle noted that the lease was negotiated for a period of 3 years with the understanding that there will be no increases. However, it as an open ended lease. Ms. Fogle stated that she has notified both agencies (Early Learning Center and SCAYD) on the changes to the lease. Ms. Fogle reviewed the costs for each agency. City Manager Netter pointed out that negotiations have been difficult because of the additional needed space. However, City Manager Netter stated that this is a great opportunity for a joint project. He pointed out that the owner would not go any lower that the $32,430.00. Vice -Mayor Vidak- Martinez asked if the City is getting a discount. City Manager Netter responded yes, the owner is providing the City with 3 -4 month's free rent. Vice -Mayor Vidak- Martinez expressed concern with the process and timing. She stated that she is concerned that the City does not get their fair share. She noted that SCAYD is part of a countywide consortium. Vice - Mayor Vidak- Martinez pointed out that the City has a high Welfare -to- Work caseload. She further stated that she supports the work, but expressed concern that the project is not up and running. Ms. Vidak- Martinez stated that she is hopeful that the project will move forward. Rohnert Park City Council Minutes (14) September 14, 1999 Councilmember Flores asked for the timeframe for the completion of the construction. . Ms. Fogle pointed out that when leases are agreed upon, the architect will complete the drawings, the contractor will work within a three -day notice, and the Plan would be completed by November, with construction beginning by mid October. Councilmember Flores referred to the $32,000 deficit and suggested to Council to pick up $11,000 from COYF and give the opportunity for the two partners to assume this additional amount on a 5 year payback basis at $2,000 per year. City Manager Netter recommended that the city pick up the additional $32,000 as additional space was added for the Pac Bell Grant in partnership with COW and SCAYD. 2) Pacific Bell Grant to City and SCAYD to provide Community Outreach Center and Employment Services - Status report Information on this item was included in above - reviewed staff report. 3) Allocation of Shared Space at Padre Town Center by SCAYD and City Community Outreach Center/Request for additional funds Ms. Fogle stated that staff recommends approval of the additional funding request in the amount of $32,430 to proceed with the project. Ms. Fogle noted that the Early Learning Center is paying twice as much as SCAYD for the lease of the space. Management Analyst Fogle stated that the City would be paying $220,000 or $350,000. Cecelia Belle, Executive Director of SCAYD, expressed perplexity with the process and noted that the Board has not been able to review the information thoroughly, other than the information that Ms. Fogle provided this morning. She stated that potentially the project could be successful, but that the Board feels that it does not have enough information available to make a sound business decision. She requested that a working session with Councilmembers to review and discuss the details of the lease be scheduled. She noted that she has not received a map or cost space allocation plan. Representative from Early Learning Institute stated that she only had 5 minutes to review the lease agreement, but that the spacing looks O.K. Rohnert Park City Council Minutes (15) September 14, 1999 COUNCIL ACTION: Upon motion by Councilmember Spiro, seconded by Councilmember Mackenzie, and unanimously approved, recommendation supporting leasing space to Early Learning Center, subject to lease negotiations, with all three partners reviewing the lease. 17. CABLE TV SYSTEM TRANSFER REQUEST FROM CENTRY COMMUNICATIONS TO TCl//ESFV 1) Council Committee /Staff Report (AF/LS) Councilmember Flores thanked Management Analyst Fogle and City Attorney Strauss for their hard work. Councilmember Flores stated that an agreement was made for 54 channels, and that all of the elements of the agreement were approved. Committee Member Spiro added that the agreement includes a free FM service. Management Analyst Fogle referred to her staff report provided for this item and signified that staff supports the Transfer Agreement and recommends Council approval. Public Comments: 1) Rhuenette L. Alums, External Affairs Director, Pacific Bell: Ms. Alums stated that she was present to address the issue of open access, and the issue of a sense of protection of safeguards for access to other competitive companies. Ms. Alums urged the Council not to lock the City into one service provider. Ms. Alums expressed concern that citizens will not be included in making a choice and she noted that with the rapid technology changes that occur, the agreement could preclude the City from taking advantage of what may be available in the future. Ms.Alums further stated that her company has seen vast changes with Internet models. Councilmember Mackenzie requested, for clarification, from the City Attorney, an interpretation of Section 5.5.1 of the agreement. City Attorney Strauss confirmed that this Section addresses the access issue. She cited examples of rulings from the City of Portland case and the City of San Francisco case. City Attorney Strauss pointed out that in the City of Portland, the law says that you will provide access for Internet access providers. Whereas, in the City of San Francisco case, the City wanted to see what happens in the court case and will be bound by it, if open access is law, will amend laws saying you will abide. She stated that this reflects the Section 5.5.1 approach. City Attorney Strauss stated that we do not know where things are going technologically in future, or where the law is going. Telecommunications services cannot be subject to a franchise (law). Rohnert Park City Council Minutes (16) September 14, 1999 Resolution No. 99 -201 2. Mr. David Kerr, 1111 Andersen Drive, San Rafael: Mr. Kerr: stated that it is too early to address broadband . He stated what FCC, cable access and Internet is interested in is if there will be competition. Now, DSL, PAC Bell, technologies are not yet here. Residents of Portland are denied access to Internet connections. There is no end of trying to get broadband platforms up and going so that consumers can have choices. City Attorney Strauss responded to Council question that the terms of the aQrePment were determined by the existing agreement. GRANTING CONSENT FOR THE TRANSFER OF THE ROHNERT PARK CABLE COMMUNICATIONS FRANCHISE HELD BY CENTURY BAY AREA CABLE CORP. TO TCI OF EAST SAN FERNANDO VALLEY, L.P. AND APPROVING A TRANSFER AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK, CENTURY BAY AREA CABLE CORP., TCI OF EAST FERNANDO VALLEY AND AT & T CORP. SETTING FORTH THE TERMS OF THE TRANSFER. Upon motion by Councilmember Flores, seconded by Councilmember Spiro, and unanimously approved, reading was waived and Resolution No. 99 -201 was adopted, including direction to keep updated on Broadband platforms toward enabling consumer choices. 18. NUISANCE - ABATEMENT URGENCY ORDINANCE 1) City Attorney /Staff Report City Manager stated that the City Attorney recommends the adoption of this Urgency Ordinance that will give the City the authority to abate situations like the pigeon problem. City Manager Netter stated that a copy of the Ordinance was provided for Council's review. Urgency Ordinance No. 654 ADDING CHAPTER 1.24 (NUISANCE ABATEMENT) TO THE ROHNERT PARK MUNICIPAL CODE AND DECLARING AN URGENCY THEREOF Upon motion by Councilmember Spiro, seconded by Vice -Mayor Vidak- Martinez, and unanimously approved, being declared an urgency, as determined in findings of fact so stated therein, this ordinance shall take effect immediately following adoption, reading was waived and Ordinance No. 654 was adopted. Rohnert Park City Council Minutes (17) September 14, 1999 19. CITY CENTER PROPOSALS 1) Discussion of Public Facilities in Center City Manager Netter noted that Council addressed this item at its last two meetings. City Manager pointed out that several meetings were held with the Spectrum Group. City Manager Netter distributed an analysis that demonstrated possible savings to the City by combining the City Center and the Library as a joint facility. He stated that, because of the nature of funding the project with redevelopment funds involved with the library construction, that some funds would be prohibited for building a City Hall with ihese tax increment dollars. City Manager Netter stated that the City, however, could challenge this requirement. City Manager Netter stated that he would be concerned as to whether or not the Council would want to take this risk. City Manager Netter stated that an alternative could be building two buildings on one site with a joint lobby in the center. However, dollars would not be saved, but would help save an acre and a half of land for potential additional development of townhouse center. City Manager Netter turned further review over to City Engineer Gaffney and Architect Chris Noll. City Engineer Gaffney pointed out that the figures only reflect the cost of buildings and that the chart provided for this report makes a comparison to building costs only. Councilmember Flores commented that the Committee has determined that the best site for the Library is close to the Public Safety site. Councilmember Flores stated that he agrees with a stand -alone building and further stated that he also envisions a Town Center, Councilmember Flores stated that the primary responsibility is to build the library. Chris Noll displayed diagrams for the facilities. Mr. Noll noted that the lst scheme show a library distinctive building and City Hall distinctive building, and that the 2nd scheme responds to the two separate buildings concept, which is basically a side by side building concept. a) Staff Report & Discussion by Architects Noll & Tam on Joint City Hall/Library Building Public Comments: 1) Mr. Maurice Fredericks, 6450 Commerce Blvd., Rohnert Park: Mr. Fredericks urged the Council not to combine the library building with City Hall. Mr. Fredericks asked the Councilmembers to look at the plans carefully, and to investigate how much money has been raised from County taxes and if these funds could be utilized for this library. Rohnert Park City Council Minutes (18) September 14, 1999 b) Council Discussion /Action City Manager Netter referred to the proposal previously received from the Spectrum Group, and acknowledged another letter proposal received from Kotansky Properties, which would not be reviewed at this time to protect the commitment with Spectrum Group. If the Council and Spectrum Group do not come up with an agreement, then this proposal can be considered further. Vice -Mayor Vidak- Martinez asked if citizens felt that the proposals were feasible. City Library Consultant David Sabsay expressed concern regarding this matter. He stated that it is not a good idea and that it would only save 2% of space, which would cut back on the toilet facility space. He noted further that the foundation space would not change. Library Consultant Sabsay stated that he would be concerned with controlling social behavior that takes place, or with adequately supervising the children utilizing the library. Councilmember Mackenzie stated that in lieu of the formal legal report regarding co- mingling of funds that he would move to table further discussion of this matter until the next Council meeting. Vice -Mayor Vidak- Martinez stated that she would like to schedule a workshop on this matter. Councilmember Flores stated that he does not want to see the project delayed any further. City Manager Netter informed the Council that the legal opinion is not to combine the two buildings. City Manager Netter stated that the Council needs to decide if we should have two buildings side by side or one City Hall. Upon motion by Councilmember Flores, seconded by Vice -Mayor Vidak- Martinez, and unanimously approved, to affirm a stand -alone library design and to request staff to work with the Architect to adhere to the guidelines, and to include consideration of the concept of constructing two buildings on the same parcel. 2) Spectrum Group Presentation of Ideas, Proposals and Business Plan on City Center Plan Michael Semier, Spectrum a) City Attorney discussion on Education/Information Exclusive Right to Negotiate (ERN) Rohnert Park City Council Minutes (19) September 14, 1999 City Manager recommended that this item be reviewed at a Worksession after staff has reviewed the proposal from the Spectrum Group. Mr. Michael Semier with the Spectrum Group commented that the objective of his Group is to meet the proposed timeline for the project as well as to build a quality project. 20. LIBRARY GRANT 1) Staff Report /SB3 Discussion of this item was deferred. 2) Councilmember Flores requests $10,000 allocation for Grant Writer Councilmember Flores requested consideration to allocate $10,000 to hire a Grant Writer to generate money for the Library Project. Vice -Mayor Vidak- Martinez suggested that Don Dickson's group at SSU be hired to explore funding for new library. Upon motion by Vice -Mayor Vidak- Martinez, seconded by Councilmember Flores, and unanimously approved by a 5 -0 vote, to allocate up to $10,000 to hire a Grant Writer to explore additional funding for the Library Grant, and that Don Dickson's group be considered. DUE TO THE LATENESS OF THE HOUR, EXCEPT AS SIGNIFIED IN THESE MINUTES, ADDITIONAL ITEMS LISTED ON THE AGENDA WERE INFORMATIONAL ITEMS OR DEFERRED TO THE NEXT COUNCIL MEETING. COMMUNICATIONS Communications per the attached outline were provided for Council's information. No action was taken unless specifically noted in these minutes. ADJOURNMENT: There being no further business, Mayor Reilly adjourned the meeting at approximately 12:06 a.m. to Tuesday, September 28, 1999 at City Hall. A Work Session will be held at 3:00 p.m. on Tuesday, September 28, 1999 to discuss the Community Development Commission Bond and priorities for expenditure of funds. Teresa Taylor -King, ecorder jh/agenda:091499mn 11010 I