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1999/10/12 City Council MinutesRohnert Park City Council Minutes October 12, 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, a Work Session proceeded separately on the City Center Concept- Library/City Hall. CALL TO ORDER: Mayor Pro Tempore Vidak- Martinez called the regular session to order at approximately 7:10 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 *bu4ness vacation) *C O R R E C T 10 N ABOVE from 10/29199 City Council meeting: Per Mayor Reilly (deletion lined out/addition underlined) 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 Commander Rooney, Sgt. Saldanha, and Building Official Lee Braun. 1. APPROVAL OF MINUTES: Councilmember Spiro made the following correction: On page 11. item 16.), item 2) last bullet, that it was Vice -Mayor Vidak- Martinez's statement and not her statement. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, with Mayor Reilly absent, the minutes of September 28, 1999 were unanimously approved as corrected on original set of minutes. 2. APPROVAL OF BILLS/DEMANDS FOR PAYMENT: Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, with Mayor Reilly absent, bills presented per the attached list in the amount of $1,985,491.34, were unanimously approved. 3. 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 Mackenzie requested to report on the "Scout O Rama" event. Councilmember Spiro signified one (1) item on the result of the Worksession held prior to the City Council meeting. Councilmember Flores requested to comment on the conference he attended regarding the presentation by Mr. Angelides, City of Los Angeles, regarding infrastructure in California. Rohnert Park City Council Minutes (2) October 12, 1999 4. YOUTH REPRESENTATIVE to the CITY COUNCH. from 1999 -2000 Youth -of -the -Year Program 1) Recognizing Youth Representatives: Senior Kristin Avery & Juniors Lisa Tekus and Bering Tsang Senior Kristin Avery informed the Council that Junior Bering Tsang was not present but that Angela Broaddus was present. Ms. Avery informed the Council that the Youth were hopeful to report on the results of a survey regarding the downtown Center; however, they did not distribute the survey in this time because of the busy schedule for upcoming Homecoming events. Youth representatives stated that they plan to distribute the survey this week and that a report will be given at the next Council meeting. Senior Avery read the contents of the survey and asked for comments and /or suggestions from Councilmembers. 5. SONOMA STATE UNIVERSITY ASSOCIATED STUDENT REPRESENTATIVE • Recognizing SSU Associated Students, Inc. Representative Senior Brian Talbot Brian Talbot summarized his written report on scheduled upcoming events. • SSU Report/comments, if any Councilmember Mackenzie reported that he represented the Council at the last Associated Students' meeting at which time he provided an update on the General Plan and EIR draft reports. He stated that he informed the SSU administration and Associated Students that a copy of the draft General Plan and Draft Final EIR would be available to review. 6. SCHEDULED PUBLIC APPEARANCES: 1) Robert Abramson, Co- President United Nations Assoc of Sonoma County, presenting UN Flag to be flown for United Nations Day, Sunday Oct 24 1999 Mr. Abramson was present on behalf of United Nations Day requesting Council to approve a proclamation honoring October 24, 1999 as United Nations Day, and requested that the flag be flown on a designated day. Mr.Abramson announced that on Saturday, October 23, 1999 a United Nations Day Celebration will be held at Santa Rosa Junior College from 7 -9:30 p.m. Mr. Abramson encouraged Councilmembers attendance at the event. Council Member Mackenzie requested that Resolution No. 99 -217, under the Consent Calendar, be pulled for recognition at that time. Councilmember Flores asked what the length of time regulation is for flying a flag. City Attorney Strauss responded that there is no regulation and that it is up to the discretion of the Council. Rohnert Park Citv Council Minutes (3) October 12, 1999 7. 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. Michael Caalim 295 Burton Rohnert Park: read his letter for Council consideration regarding need for a new High School in Rohnert Park, Councilmember Flores suggested that a copy of Mr. Caalim's letter be sent to the Cotati/Rohnert Park Unified School District Superintendent and Board President. Councilmember Flores stated that the School District is aware of the projected increases in enrollments. Councilmember Spiro echoed the suggestion of Councilmember Flores, Mayor Pro Tempore Vidak - Martinez stated that the Council has no jurisdiction over any public schools. She stated that she would share Mr. Caalim's comments with the school Superintendent and the School Board. Mr. Caalim stated that he has been informed that the School Board has no money. 2. Charles Kitchen 4457 Hollingsworth Circle Rohnert Park: Mr. Kitchen spoke regarding the Golf Course Committee meeting notes. He provided the Council with his written comments and suggestions for amendment and addition to the golf course lease agreement. He asked if he could work with the City Manager on this issue. Councilmember Spiro informed Mr. Kitchen that she did not have a problem with Mr. Kitchen working directly with City Staff. Councilmember Flores stated that any information provided to the City Manager and staff would be evaluated and considered, particularly with regard to contractual matters. Mr. Kitchen expressed concern that staff merely accepts what the American Golf Association presents to them without question. City Manager Netter stated that he encourages Mr. Kitchen, or any citizen, to submit written comments to staff, and to provide their insights on various matters which would be taken into consideration. 3. Mr. Mal Kohn 315 Rustic Lane Valley Village Mobile Home Park: Mr. Kohn summarized his 10/4/99 Joel Heath letter and enclosures, regarding the Valley Village Mobile Home Resolution No. 95 -0. Mr. Kolm asked whether or not the City Manager and Council had a copy of the letter. Rohnert Park City Council Minutes (4) October 12, 1999 City Manager Netter and Councilmembers stated that they did not have copies of Mr. Kolm's letter. Mr. Kolm read the letter and stated that he was surprised that Mr. Netter did not have a copy of his documents. City Attorney Strauss informed Mr. Kolm that she did, in fact, have a copy of his letter and she stated that she would provide the City Manager and Councilmembers with copies. Mr. Kolm asked if and when he would receive a response to his letter. Mayor Pro Tempore Vidak- Martinez directed the City Manager and City Attorney to review Mr. Kolm's letter and enclosures and provide the Council with a response. Mr. Kolm expressed concern over why residents keep being asked when they will repay grants, and displeasure with the conditions of the roads. Councilmember Flores stated that the Councilmembers have worked hard regarding trying to improve the conditions of the streets of Valley Village. He further stated that he and the Mayor, as members of Sub - Committee, have tried to reach an agreement with all the Park owners, but that the only owner willing to continue with an agreement was the owner of Rancho Grande Mobile Home Park. Councilmember Flores noted that the Committee has made progress. He stated that it is appropriate for staff to review the request and report back to the Council. 4. Lucille Clark 80 Walnut Circle, Valley Village Mobile Horne Park Rohnert Park: Ms. Clark stated that she agrees with Mr. Kolm's statement. She concurred that the City needs to improve the roads at Valley Village Mobile Home Park and to not change the City Ordinance to the' satisfaction of the Mobile Home park owners. Ms. Clark stated that many safety hazards exist in the park, as well as sewage problems. She requested information on the status of the reduction of services. 5. Mr. Woodcock GSMOL President 195 Verde Circle Rohnert Park: Mr. Woodcock spoke regarding the Rancho Verde Mobile Home Park proposal to the Mobile Home Park subcommittee. Mr. Woodcock stated that he is hopeful that the Council will approve further discussion of his proposal. He noted that the subcommittee has visited the various Mobile Home parks. He stated that he is hopeful for Council support of the proposal and will approve discussion of this to the mobile home park Rent Appeals Board. Mr. Woodcock thanked the Council for their work and efforts involved regarding Megan's Law and informing citizens of the problem that has existed. Rohnert Park City Council Minutes (5) October 12, 1999 8. 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. Acknowledging City Manager /Clerk's report on posting of the meeting's agenda Mayor Pro Tempore Vidak- Martinez read Resolution Titles. Councilmember Mackenzie requested to pull Resolution No. 99 -217 for special acknowledgement. Resolution Nos: 99 -213 DECLARING JOHN F. FLITNER (FORMER CITY ATTORNEY) AN "HONORARY CITIZEN" OF THE CITY OF ROHNERT PARK 99 -214 RECOGNIZING AND ACKNOWLEDGING THE SUCCESS OF SONOMA STATE UNIVERSITY'S RECLYCLING CENTER 99 -215 ENDORSING ACTION FOR BETTER CITIES (ABC) NON PROFIT CORPORATION 99 -216 PROCLAIMING SATURDAY, OCTOBER 23, 1999 AS "Make -A- DIFFERENCE -DAY" 99 -218 PROCLAIMING OCTOBER 23 -31, 1999 AS "RED RIBBON WEEK" FOR DRUG ABUSE PREVENTION AND AWARENESS WEEK 99 -219 TO ALLOW A ONE -TIME SALE AND USE OF SAFE AND SANE FIREWORKS LEADING UP TO AND INCLUDING THE CELEBRATION OF THE MILLENNIUM 99 -220 APPROVAL OF AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES, VALI COOPER & ASSOCIATES AND THE CITY OF ROHNERT PARK, Project NO. 1991 -4 ( ROHNERT PARK EXPRESSWAY OVERCROSSING) 99 -221 AUTHORIZING AND APPROVING AN AMENDED AGREEMENT FOR THE ASSIGNMENT OF THE CITY OF ROHNERT PARK'S DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT FROM WASHINGTON MUTUAL BANK, FA, FORMERLY GREAT WESTERN BANK TO NATIONAL DEFERRED COMPENSATION, INC. 99 -222 CALLING FOR SEALED PROPOSALS FOR MOTORIZED PORTABLE PERSONNEL LIFT FOR THE COMMUNITY CENTER 99 -223 REJECTING THE CLAIM FOR WILLIAM O. CORD (RE. ALLEGED DAMAGES TO SEWER LINE BY CITY) 99 -224 REJECTING THE CLAIM OF BERNADETTE PRUNETTI/JONES FOR MIKALE JONES, A MINOR (RE. ALLEGED INJURIES FROM FOUL BALL AT CRUSHERS GAME) Rohnert Park City Council Minutes (6) October 12, 1999 99 -225 REJECTING THE CLAIM OF RUSSELL AND DESIREE BUNCH FOR AMBERLY BUNCH, A MINOR (REGARDING ALLEGED INJURIES TO MOUTH DURING BASEBALL PRACTICE) 99 -226 REJECTING THE CLAIM OF DAVID ELVIN (REGARDING ALLEGED INJURIES/DAMAGES FROM COLLISION) C. AnnrovinL_ the Annointment of Troy nettlinu ac Dpnnty Cites Clerk (The Oath of Office for this appointment attached to original set of these minutes). Upon motion by Councilmember Mackenzie, seconded by Councilmember Spiro, with Mayor Reilly absent, the Consent Calendar as outlined on the meeting's agenda, with the exception of Resolution No. 99 -217 was unanimously adopted. COUNCIL DISCUSSION ON Resolution No. 99 -217 PROCLAIMING SUNDAY, OCTOBER 24, 1999 AS "UNITED NATIONS DAY" Councilmember Flores requested the City to fly the United Nations flag for a week. Council concurred with Councilmember Flores' suggestion. Councilmember Mackenzie thanked Mr. Abramson for his attendance at the Council meeting. Councilmember Mackenzie read Resolution No. 99 -217. Upon motion by Councilmember Mackenzie, seconded by Councilmember Spiro, with Mayor Reilly absent, and unanimously. approved, Resolution No. 99 -217 was adopted. 9. REVEREND SAM THARPE'S CONSIDERATIONS: 1) Announcing Annual Thanksgiving Dinner at Burton Avenue Recreation Center Reverend Tharpe thanked the Council for their support last year, and he requested the use of Burton Recreation Center again this year for the annual Thanksgiving Dinner. COUNCIL ACTION: Upon motion by Councilmember Spiro, seconded by Councilmember Flores, with Mayor Reilly absent, Council unanimously approved the use of Burton Recreation Center for the Annual Thanksgiving Dinner and to allocate a $500 donation to Reverend Tharpe's organization for this event. Rohnert Park City Council Minutes (7) October 12, 1999 2) Proposal for Building of T's Academy on City Owned Lands Near Animal Shelter Reverend Tharpe summarized his written proposal for building T's Academy on City -owned property. He stated that the proposed building would be used for a variety of programs: a private, non - public, non -profit alternative secondary school, community based GED program, anti -gang intervention and prevention, Youth and Family Counseling Services, as well as a job training site for youth. Mr. Brad Moster, Chairperson of T's Academy fundraising committee, informed the Council that this proposal would enable housing to be available for youth who are relocated from their homes. He stated that he and his wife would be assisting Reverend Tharpe with his fundraising efforts. Council directed staff to revisit this request and update the council on the site proposal and other aspects. 10. CITY CENTER PROJECT - REVIEW OF WORK SESSION: 1) Spectrum Group Response/Proposal City Manager Netter reported that a letter was received from Mr. Young of the Spectrum Group. He stated that the City was hopeful that the Spectrum Group would have presented a proposal addressing the entire project. City Manager Netter summarized the contents of the proposal, and pointed out that the Spectrum Group provided a proposal in 9/99, which contained major changes in the direction from the original concepts. City Manager Netter stated that, based on received comments and requested modifications, the Group is withdrawing from the project. City Manager Netter stated a major factor in the decision was the legal opinion on design -build which set too many constraints for Spectrum to proceed as desired. 2) Siting Plans for City Center Budget and Other Items City Manager Netter noted that the Work Session also discussed the history of discussions of the Plan. He stated that the critical decision tonight would be where to construct the Library. City Manager Netter stated that two options are available to the Council: 1) a separate library (the original option), and 2) placing the library on Rohnert Park Expressway as a single story structure with expansion to double story capacity. City Manager Netter stated that staff recommends that the future City Hall be sited on the Southern portion as indicated on the display. Rohnert Park City Council Minutes (8) October 12, 1999 3) Council Discussion/Action: Councilmember Mackenzie reported that the Council had an extensive Work Session. He stated that the Council directed staff to move forward to raise funds for a new City Hall. He noted that the development of a Civic Center has been discussed, but that he feels that the buildings cannot stand alone. Councilmember Mackenzie stated that all of the options were discussed and explored and that now the question is when to construct, and where it should be sited. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, with Mayor Reilly absent, Council unanimously approved for the City Hall to be sited, when constructed, next to the proposed library site on the South side of City Hall Drive and adjacent to the Public Safety building. Councilmember Spiro noted citizen summit wanted buildings constructed to reveal openness. City Manager Netter noted that even the original design from the Community Summit did not provide the type of view anticipated by citizens. It will not be the open green area that exists now but a more directed view through the buildings and courtyard. Council directed City Manager Netter to contact Noll and Tam to proceed with the design and concept of the library taking into consideration the future City Hall building adjacent thereto. 11. MOBILE HOME PARK MATTER: 1) Proposed Calendar for Process to Consider changes to Ordinance (Hillsboro vs. Rohnert Park Settlement Agreement) City Manager Netter summarized the staff report on this item. He noted that the proposed changes were noted in the report. City Attorney Strauss summarized her correspondence regarding the draft agreement and stated that the City would try to meet the outlined schedule. COUNCIL DISCUSSION/DIRECTION: Councilmember Flores thanked City Attorney Strauss for the letter she wrote to Mr. Green. The Council concurred with Staff's report and the calendar schedule therein for this item. Rohnert Park City Council Minutes (9) October 12, 1999 12. UPDATE ON NON - PROFIT GROUPS LEASE SPACE ASSISTANCE City Manager Netter reported that an update had been received from Management Analyst Fogle. He stated that Ms. Fogle's letter indicates that an agreement may have been reached. He stated that Ms. Cecelia Belle has not had opportunity to view the total space. City Manager Netter stated that both Management Analyst Fogle and Cecelia Belle are requesting to wait on a decision until 10/26/99 and that they will present details at that time. Regarding Item No. 2. of the report, Mayor Pro - Tempore Vidak - Martinez stated that she would like to see the Agreement more open -ended and flexible to allow other usage for them to do their work. The word "primarily" was discussed for consideration, allowing for some flexibility. 13. BUDGET MATTERS: 1) Measure M Refunds - Budget Impacts /Options to Meet Short Fall City Manager Netter summarized the staff report from Finance Director Harrow. He noted that Mr. Harrow has indicated that the potential impact would be a little over $73 5,000. He noted that quite a few residents have indicated foregoing their refunds from the Court decision that invalidated the Measure M Fire Benefit Assessment. City Manager Netter informed the Council that page 3 of the report is a chart which outlines options for refund sources. City Manager Netter stated that staff does not recommend the first option using general fund money. City Manager Netter stated that a decision would have to be made before the end of the fiscal year. He stated that the City would need to encourage citizens to look closely at the letters sent out for this item. Councilmember Flores stated that he would not want to see the General Fund decreased. He suggested that a portion of the General Fund Reserve be used to meet the short fall, and consider the balance for special reserves as reported. Councilmember Spiro expressed her concerns. She stated that in addition to being under funded, she was concerned about where the City will be obtaining money for services we are not being refunded for. Councilmember Spiro requested that discussion of the potential March ballot measure issue to replace these funds be placed on the next agenda. Rohnert Park City Council Minutes (10) October 12, 1999 City Manager Netter stated that there are two processes: 1) the refund issue over a two year period; and 2) engineering consultant has been hired to complete the report for assessments into the future. City Manager Netter further stated that a Special Tax Measure on the ballot for Fire Services may be considered but this is a special tax that would require a 2/3 vote of the voters. City Attorney Strauss stated that the process would be at the option of the Council, but that approval would require a 2/3 vote. City Attorney Strauss stated that she would pursue further options, if requested by the Council to do so. Councilmember Mackenzie concurred with Councilmember Flores's conclusions to at least utilize a portion of General Fund Reserve to offset the budget shortfall. City Manager Netter said he would report back when we know better what the actual amount of refunds would be. 2) Funding Appropriations for Non -Profit Leases Budget Augmentation/Approval City Manager Netter summarized the staff report on this item. City Manager Netter stated that he would bring the recommendation of where this item would be funded from to the next meeting. 14. DEPARTMENT OF PUBLIC SAFETY MATTER: 15. • Megan's Law - Review of Procedures Developed by Public Safety Director of Public Safety Rooney summarized staff recommendation on this matter. He provided the Council with an updated report and acknowledged the presence of Sgt. Saldana. Public Safety Director Rooney stated that the department would use the City of Fremont's model. Public Safely Director Rooney stated that the department would propose to draw the 1 -mile radius around schools. He stated that maps will be available at the Public Safety Office, but would not provide addresses of sex offenders. Mr. Rooney stated that the unique thing about Rohnert Park is that a 1 mile radius around schools will fill in the community. Councilmember Flores thanked Public Safety Director Rooney and his staff for their efforts on this project. He stated that the community schools would qualify. Public Safety Director Rooney stated that Rohnert Park would be the first City to display such a map and that the City can keep information more up to date. Councilmember Spiro also thanked Public Safety Director Rooney and his staff for their efforts. Rohnert Park City Council Minutes (11) October 12, 1999 MAYOR PRO TEMPORE VIDAK- MARTINEZ RECESSED THE COUNCIL AT 8:54 P.M. MAYOR PRO TEMPORE VIDAK - MARTINEZ RECONVENED THE COUNCIL MEETING AT 9:04 P.M. 15. PLANNING AND ZONING MATTER • File No 1799 Review Wilfred/Dowdell Specific Plan Environmental Impact Report 1) Staff Report Planning Director Schulenburg provided the staff report on this item. She noted that Council has two weeks to review this report before the next Council meeting. She noted that the report includes a matrix, draft findings, resolution and certification of the EIR report. Ms. Schulenburg further noted that this was a Public Hearing, and that consultants were present to answer questions and address concerns. She summarized the process to date and stated that Planning Commissions Resolution No. 99 -35, recommending conditional approval of the specific plan and certification of the FEIR to the Council, was adopted by a three to two vote of the Planning Commission. Ms. Schulenburg then highlighted the environmental impacts of the project. 2) Council Questions: Councilmember Flores asked for a timeframe for the development of the Wilfred/Dowdell project and whether the proposed plan was marketable. Planning Director Schulenburg stated that she anticipates a lot of interest with developers, and projected the development within the next 5 years. She said if the existing plan is difficult to market, the process allows for flexibility and change. Councilmember Mackenzie asked if any work has been done on the mitigation plan. Planning Director Schulenburg stated that staff recommends various alternatives and that estimates for mitigating the community separator issue has been obtained according to the developers. Councilmember Mackenzie asked if it was too late to consider mitigation of the impact of the overcrossing. Planning Director Schulenburg stated that an Assessment District is difficult to do. She noted further that the City would have to develop the impact and a fee, which can impose development impact fees. Rohnert Park City Council Minutes (12) October 12, 1999 Planning Director Schulenburg stated that staff is not recommending that the Council take action on this project at this time. She stated that it is recommended that the City Council consider analysis of the report, receive final public testimony, and direct staff to prepare the final CEQA Findings and Statement of Overriding Consideration and Resolution to Petition for nnnPvntinn fnr tha (itv rnnnril'e nnneirlar� +inn �+ +tau 1 0MA /00 moo +i r, lr w.... v.µrav• avi aav v 1� vvµ+aval V VVii Vat4 Va µ4l Vii µ{ 111V 1V /VV /// lllVVlllls. MAYOR PRO TEMPORE VIDAK- MARTINEZ OPENED THE PUBLIC HEARING AT 9:22 P.M. PUBLIC HEARING: 1) Tom Roberts 4649 Dowdell Ave Rohnert Park: Mr. Roberts stated that he had three items to comment on. First, he stated that he needed clarification on how the Assessment District will work. He stated that page 4.6 of the Specific Plan states that the developer will pay for the infrastructure and that the developers will make certain outside improvements. Mr. Roberts stated that hopefully, districts are set up at the time of development. Secondly, regarding the printed uses on the Specific Plan, page 3.8 and 3.9, Mr. Roberts stated that there are discrepancies between uses outlined for the North side of Wilford Avenue which provides good access of what plans to do. However, Mr. Roberts stated that the permitted uses for the South side has limited uses as noted on Table 3.2 -2. Mr. Roberts stated that he has no problem with the development on the North side, but that he does have a problem with the South side development plans. Mr. Roberts requested further review to allow more flexibility for owners on the South side. Mr. Roberts suggested eliminating uses as outlined on table 3.2 -2, and only having Table 3 -2.1. He stated that he felt that his reconunendation was reasonable. Thirdly, Mr. Roberts addressed the engrossing as outlined on page 20 of the Final EIR. Mr. Roberts recommended that Dowdell Avenue get engrossed. In addition, Mr. Roberts stated that the location of access points should only be entrance driveways. In closing, Mr. Roberts stated that he is requesting more cooperation and assistance on the South side Plan. 2) Jim Olmstead: Spoke as a representative of Ray & Donna Sheehan, owners of a parcel on the Southern end of the Plan area. Mr. Olmstead stated that the owners support annexation of property. However, Mr. Olmstead stated that the City needs to find a defensible project that seems to be environmentally superior alternative as noted in the EIR proposal. He stated that some consideration should be given for a mixture of uses, particularly for the Southern portion of the Plan. Mr. Olmstead stated that the City could reduce vulnerability by adapting some project that could Rohnert Park City Council Minutes (13) October 12, 1999 better mitigate impacts. Mr. Olmstead stated that it is also felt that there needs to be quantification for impact reduction for mixed -use proposals. With regard to the Planning Commission recommendations to require future traffic studies, Mr. Olmstead stated that he was opposed to this recommendation. Mr. Olmstead stated that he felt that this would be redundant and a waste of time; he suggested dropping this condition. MAYOR PRO TEMPORE CONTINUED THE PUBLIC HEARING AT 9:35 P.M. 2) Council Comments: Councilmember Spiro questioned the reason for a limited array of usages for certain parts of parcels. Planning Director Schulenburg pointed out that owners could petition for a plan amendment. 3) Continue Review to 10/26/99 Council Meeting for Consideration of Final Action City Manager Netter reported that staff recommends to continue the review of this matter to the 10/26/99 Council Meeting. Council concurred. 16. COUNCIL. YEAR 2000 PROJECT - MATTERS RELATED TO THE GENERAL PLAN PROCESS 1) Council's Review Questions Comments etc of General Plan Elements There were none. 2) Approval of Sept 7 1999 Minutes of General Plan Element Workshop Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, with Mayor Reilly absent, with one correction on the last page, Item No. 10, to reflect that it was only Councilmember Spiro's comments, the September 7, 1999, the Minutes of the General Plan Element Workshop were approved as amended. 3) Report on Oct 7 1999 Urban Growth Boundary (UGB) Workshop Councilmember Mackenzie noted that a Workshop was held, and that the Council listened to comments about the language of the Plan. Councilmember Mackenzie stated that by end of meeting, it was felt that the Council had some re- drafting to do regarding the language. Councilmember Mackenzie stated that he felt that the Workshop was fruitful, and that the final direction is to move forward. Rohnert Park City Council Minutes (14) October 12, 1999 4) General Plan Oversight Committee Update (VV1V1/JM) Mayor Pro Tempore Vidak- Martinez reported that the Committee would meet next week to start discussing its presentation to LAFCO regarding General Plan process, and the UGB. Cniinrilmamhar T%4n rPn7iP PrhnPrl Unvnr Prn TPmnnrP'c rnmmPnte and stated that yes the Committee is continuing to move on. Councilmember Mackenzie reported that both the EIR and General Plan updates, excluding the housing chapters, are at the printer. He stated that the Committee should proceed to the next phase of activities. Councilmember Mackenzie noted that a Community Education Workshop is scheduled for 10/27/99 at the Community Center on Snyder Lane from 6:30 -9:30 p.m. Councilmember Mackenzie encouraged citizen attendance. Councilmember Mackenzie stated that the timetable schedule is available at City Hall with regard to scheduled formal hearings and other meetings. Councilmember Spiro posed question of what kinds of advertisement is being utilized to inform the public of the public hearings. Councilmember Mackenzie noted that Press Democrat coverage; press release mechanisms as well as Public Education Plan is being utilized. Councilmember Mackenzie stressed the importance of reminding people about public hearings and workshops. Councilmember Spiro stated that she would be more comfortable hearing from supportive groups indicating that they will support the General Plan and the EIR. Councilmember Mackenzie stated that he has met with the Board of Directors of the Green Belts Alliance, and that he intends to request a meeting with the Board of Directors of other agencies. Councilmember Mackenzie stated that he is committed to making the process work. 17. COUNCIL COMMITTEE & /OR OTHER REPORTS 1) Golf Course Committee meeting, 9/29/99 AF/LS) Councilmember Spiro summarized the large written report provided to the Council. Councilmember Spiro stated that the sense is that we may not have decided on what the recommendation will be. Councilmember Spiro stated that she feels that the meeting notes speak for themselves. Councilmember Spiro stated that she could not support a Plan unless residents support the Plan. She further stated that there is a need for more opportunity to make sure that residents concur with the Plan. Councilmember Spiro stated that the Council needs to assure that American Golf addresses concerns. Rohnert Park City Council Minutes (15) October 12, 1999 Councilmember Flores noted his perspective stating that the prospect of having golf courses beneficial to residents contributes to competitiveness. Councilmember Flores stated that he feels that the American Golf Association should provide the full Council with a presentation. Councilmember Spiro suggested that the Council look at the full proposal. Councilmember Spiro concurs with Councilmember Flores recommendation. Councilmember Mackenzie, asked if the Committee has reviewed the current contract. Councilmember Spiro signified her impressions that AGC could be in breach of the contract and it should be referred to the City Attorney for review and analysis. 2) SSU Associated Students, Inc. Meeting, 10/4/99 LJM ) Councilmember Mackenzie advised the report on this meeting was handled earlier on the agenda following the SSU ASI report. 18. TRANSPORTATION MATTERS: 1) Sonoma County Transportation Authority (SCTA) Meeting, 10/11/99(JM) Councilmember Mackenzie reported on this meeting. He stated that there is no progress to report on the Rohnert Park overpass at this time. Councilmember Mackenzie stated that the most significant development is that the SCTA is directing staff to come up with a Countywide Transportation Plan. He stated that SCTA is moving forward to re -visit the transportation needs over the next 20 years. 19. COMMUNICATIONS: Councilmember Mackenzie pointed out that the dedication of the New Technology High School is scheduled for the same day as the next Council Meeting. He suggested that staff figure out an agenda time that will accommodate Councilmembers attending the first part of the dedication. Communications per the attached outline were provided for Council's information. No action was taken unless specifically noted in these minutes. 20. Matters from/for Council: 1) Rohnert Park Assoc. for the Arts - Proposed mural at the new library City Manager Netter provided Council with drawings of potential artwork that may be placed in the new library. City Manager Netter recommended that the Artwork be filed for future reference. Rohnert Park City Council Minutes (16) October 12, 1999 One of the Artists was present and expressed interest in painting a mural for the Children's section of the Library. Councilmember Spiro stated that she was very enthusiastic about the mural painting idea. She stated that' she would pass the drawings on to the Public T ihrary ('nmmiccinn (`nnnnilmPmhPr @nirn nnintar1 not hnlxlPVPr that the �..., .J ....,,.. ..... ............,..�., .,t,.... t..,.....,.. .� ... .... ,, .,.. ultimate decision would be that of the City Council. 2) State Municipal Advisory Reform Team (SMART) Report/Recommendations (LS) Councilmember Spiro thanked the Council for keeping the matter on the agenda. She stated that a portion of the report given verbally by the State Controller was not included in the written report. She further stated that if sales taxes are switched to property taxes that the City would not benefit from the proposal as it is written. Councilmember Spiro expressed concern that going to the voters is expensive and time consuming. Councilmember Spiro informed the Council that she was elected to the Board of Directors for the League of California Cities. 3) State Infrastructure Bank (JM) Councilmember Mackenzie reported that the discussion of this item goes back to 9/3/99. He informed the Council that the State Treasurer met with the Local Government Commission and the League of CA Cities to solicit support on this State Infrastructure Program. Councilmember Mackenzie stated that the problem of getting more money into infrastructure is the eligibility criteria. He noted that the project must be in compliance with the State Housing Law. Councilmember Mackenzie stated that the City would try to make an effort to comply with the housing element law requirements. The Council directed staff to send a letter on this matter encouraging flexibility for cities such as Rohnert Park which are working diligently to comply with HCD requirements regarding the housing element. 4) National League of Cities Publication Article "Measuring City Conditions: Local Leaders Weigh Options" (AD Councilmember Mackenzie reported that this matter was provided to the Council for information only. 5) Mayors & Councilmembers Board of Directors Meeting, Thrs., Oct. 14, 1999, LaRose Hotel, Santa Rosa, CA: Mayor Pro Tempore Vidak- Martinez announced this meeting. City Manager Netter noted that Councilmember Spiro would attend. 6) El Torito Restaurant, Inc. - Grand Opening/Ribbon Cutting; Ceremony, 6:00 p.m.; Fri.. Oct. 15; 1999. City Manager Netter confirmed the date for this ceremony is 10/15/99. Rohnert Park City Council Minutes (17) October 12, 1999 7) American Institute of Architects (AI& Redwood Empire Chapter, Community Design & Planning Principals Presentations Sat. Oct. 23, 1999, Burbank Auditorium Santa Rosa Jr. College Mayor Pro Tempore Vidak- Martinez announced this event, as an informational item. 8) Dedication of New Sculpture by Robert W Ellison at Rohnert Park Community Center Complex 6'30 p.m., Sat Oct. 23 1999 (VVM) Mayor Pro Tempore Vidak - Martinez announced this event as an informational item. 9) SSU /School District Partnership Dedication Technology High School Program, Sonoma State University Campus 5.00 -7.00 p.m., Tues. Oct 26, 1999 Mayor Pro Tempore Vidak- Martinez announced this event, as an informational item. EXTEND CITY COUNCIL MEETING PAST 10:00 P.M. Upon motion by Councilmember Mackenzie, seconded by Councilmember Spiro, with Mayor Reilly absent, Council unanimously approved extending the City Council meeting past 10:00 p.m. to finish items on the agenda. 10) Schedule PAC Subcommittee meeting - see proposed agenda 11) Scout -O -Rama: Councilmember Mackenzie reported on the Scout -O Rama. He reported that he represented the Council at the closing ceremony. Councilmember Mackenzie distributed patches to all the Councilmembers and staff. Councilmember Mackenzie acknowledged the helpfulness of Public Safety Director Rooney and Lieutenant Bullard. 12) "Hands Across the County" Countywide Volunteer Day. Sat, 10/23/99 Councilmember Spiro shared comments regarding volunteers to plant flowers for this effort. 13) Chili Cookoff Regarding the Chili Cookoff, Councilmember Spiro noted that she recalls that there was not a diaper changer in the Men's restroom at the Rohnert Park Stadium. She requested that staff enforce the requirement of having a baby diaper changer installed in the men's restroom at the stadium. Rohnert Park City Council Minutes (18) October 12, 1999 14) California Infrastructure Shortfall Councilmember Flores reported on the shortfall for infrastructure in California per Mr. Angelides's presentation, City of Los Angeles, and the need to do what we can to take care of our own infrastructure and not rely on funding from others. Mr. Flores reviewed aspects related to this matter from the recent conference that he attended. 21. CITY MANAGER'S REPORT: 1) City Council Subscriptions - Budget/Procedures City Manager noted that $500 per month is budgeted for subscriptions for Councilmembers. He stated that no formal policy has been set and that, in the past, the City has allowed Councilmembers $100 each. City Manager stated that staff is requesting a policy from Council regarding how they would like to spend the allocated amount. It was agreed that Councilmembers would respond back to staff on this matter. 2) Computer Technology Upgrade for City Councilmembers: City Manager Netter informed the Councilmembers that, as part of the Computer Technology Upgrade efforts, the City is considering hooking up Councilmembers into the City's e- mail/internet system from their homes and tie them to City servers. City Manager Netter stated that the cost would be $1,000 - $1,500 per system. City Manager asked for interests of Councilmembers. Councilmember Spiro stated that she had concerns regarding who would own the hardware equipment and who owns the software. She stated that she was not comfortable with the idea. Regarding ownership, Councilmember Flores stated that he would be clear that the equipment would be city- owned. City Manager Netter stated that a portion of expenses could be reimbursable, and for those Councilmembers who did not have equipment, the equipment could be leased. Council concurred to check into this further. He will report back to the Council on this matter with costs figure and other issues. 3) Restructure of the Youth ..& Family Services/Division of the Department of Public Safety City Manager Netter reported on changes to personnel for the Agency and on changes in the program structure. He pointed out that the information was provided to the Council for clarity. Rohnert Park City Council Minutes (19) October 12, 1999 Councilmember Mackenzie inquired about the status of the recruitment process for the new Director of Public Safety. City Manager Netter stated that over 60 applications were received, and that the 12 top candidates are being further reviewed. He stated that the consulting firm is in the process of completing reference checks on the applicants, and further discussion on the top 12 candidates will be held next Monday with the consultant. City Manager Netter noted that the candidate pool appears to be strong. 4) Soft Drink Vending Services/Bid process City Manager Netter reported that there were issues with the City's current vending companies, and the Purchasing Director is recommending that the City go out to bid for these services. City Manager Netter stated that he concurs with the Purchasing Director's recommendation. The Council concurred with staff recommendation. Councilmember Spiro suggested to include incentives, like, putting in extra money for good causes & include these suggestions in the proposals to bidders. 5) Orchestra Sonoma Meeting- Update City Manager Netter reported that the City has received a request that assets and liabilities be waived. Councilmember Mackenzie stated that he would abstain from the discussion of this matter. Councilmember Flores stated that Orchestra Sonoma has worked hard to make their program viable. He stated that it is difficult for the Fine Arts to save themselves. Councilmember Flores recommended that the matter be considered and that the Council consider contributing to the Fine Arts and waiving payment. The Council agreed to place this item on the next agenda as an action item. 6) SSU 50 Meter Pool Meeting - Update City Manager Netter reported that staff met with SSU and that they indicated interest in the pool, but they were not interested in covering cost of construction nor maintenance. They would consider providing a site only. 7) Letter from So Co Crushers re Capital Improvements Request $40,000+ to Improve City Manager Netter recommended that the Council Committee meet on this item. Rohnert Park City Council Minutes (20) October 12, 1999 8) 1999 -2000 Sonoma County Assessment Roll - Taxable Property City Manager Netter reported the good news that the Tax Roll was up 6.7 %. 9) Miscellaneous, if any City Manager Netter informed Council that he was approached by Vida Jones at the Rotary Club meeting this morning and that they are looking for 11, V1 Cl y Jpac�iv mo/ � l L store cqulpmel -Al being colleV= LWI 1 CI U. 15110 wondered if the PAL building could be considered for this temporary space use. Council requested staff to provide more information on this item at its next meeting. 22. CITY ATTORNEY'S REPORT: 1) Items from Closed Session The Council did not meet in Closed Session. 2) California Domestic Partners Legislation, AB 26 City Attorney Strauss reported in response to a request from Councilmember Mackenzie that the recommendation to amend the law to allow for domestic law registration is with the Secretary of State. City Attorney Strauss further reported that the amendments to the Health and Safety Code on Group and Disability Insurance states those Health Care Plans and Disability Insurance Plans must provide for eligibility of domestic partners. She stated that if the City were to provide benefits to domestic partners, that the Group Plan could not deny the benefits. The City does not currently provide those benefits as this is a meet and confer matter in collective bargaining. Councilmember Spiro pointed out that insurance companies have to go through the Department of Insurance for authorization and that there are certain qualifications. 23. ADJOURNMENT: There being no further business, Mayor Pro Tempore Vidak- Martinez adjourned the meeting at approximately 10:35 p.m. Teresa Taylor -Kin ecorder Vicki Vidak - Martinez, Mayor Pro Te T31re 101299.mn Oath of Office STATE OF CALIFORNIA ) SS: COUNTY OF SONOMA FOR THE OFFICE OF Deputy City Clerk I, Troy Dettling , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. r (Signature) Subscribed and sworn to before me this Twelfth day of October 1999 Signature) Joseph D. Netter, City Manager /Clerk (Name /Title)