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1993/10/26 City Council MinutesRohnert Park City Council Minutes October 26, 1993 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 Hollingsworth presiding. CALL TO ORDER -Mayor Hollingsworth called the regular session to order at approximately 6:18 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation and personnel matters. He said no action was taken and, with the exception of the following announcement, there was nothing further to report at this time. Selection of Public Safety Fire Services Commander: The Mayor said there was one personnel matter to report at this time. He shared contents of the media release and announcement made today by City Manager Netter regarding the selection of Jack W. Shields to the position of Public Safety Fire Services Commander (Fire Commander) with the Department of Public Safety. The appointment will become effective November 1st, 1993. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Director of Public Works /City Engineer Brust, and Finance Director Harrow. Approval of Upon motion by Councilman Eck, seconded by Councilman Reilly, the Minutes minutes of October 7 & 12, 1993 were unanimously approved as submitted. Approval City Manager Netter explained specifics regarding the bills presented of for approval and responded to various Council questions, including Bills Council's inquiry from its previous meeting about Check #56629 in the amount of $10,000 which was a deposit refund for the Burger King project on the west side. Upon motion by Councilman Reilly, seconded by Councilwoman. Spiro, City bills presented per the attached list in the amount of $315,135.37 were unanimously approved. Non - agendaed Mayor Hollingsworth queried if any Councilmember had any non - agendaed matters items to add to the agenda. Councilman Eck and Councilwoman. Gallagher each signified a miscellaneous item to add, if time allows. Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a comment may do so at this time. Appearances Under legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Rohnert Park City Council Minutes (2) October 26, 1993 Den Friedman, 7323 College View Drive #501, referred to the City's recent adoption of Resolution No. 93 -109 regarding interest on security deposits being negotiable in lease agreements. He sent a copy of the resolution to his landlord who refuses to negotiate. W. Friedman said he did not know what to do about it and asked if Council could further request his landlord to conform to the resolution. City Attorney Flitner responded to Council inquiry that the City could at least write to the landlord and send him a copy of the resolution, however, he did not know any more that could be done on the part of the City. A motion was made by Councilman Eck, seconded by Councilman Reilly, and unanimously approved, directing letters to be written from both the City Attorney and the Mayor requesting W. Friedman's landlord to comply with Resolution No. 93 -109 and, also, that a generic letter be prepared for responding to future inquiries related to interest on security deposits. James M. Clark, 80 Walnut Circle, referred to the Assemblywoman Vivien Bronshvag reception scheduled at the Rohnert Park City Offices at 5:00 p.m. on Thursday, October 28th, 1993 and asked how to address certain questions to her for this occasion. City Manager Netter responded this was Assemblywoman Bronshvag's meeting and such letters of inquiry should be addressed directly to her for presentation at the meeting. Beverly Bowen, 609 Corte Moreno, referred to her previous request for stop signs at Rancho Verde Nbbile Home Park entrance and Rohnert Park Expressway and said the item was listed for review later on tonight's agenda. She requested earlier scheduling of items involving seniors. She also inquired about the cost of the west side golf course proposal and if the costs included purchase of the property. Mayor Hollingsworth responded that agenda items involving seniors and young people would always be moved forward if and when brought to the Council's attention. He said the proposed golf course item was scheduled for review later on the agenda and would be moved forward in response to this inquiry and, also, to give consideration to a student who had signified the desire to comment on the golf course proposal. Jayne Berg, 7485 Mitchell Drive, shared contents of her letter dated October 20, 1993 expressing support of retaining the gymnastic teaching services of Angie Sperry at the Sports Center. She compared Angie Sperry's rates with the increased rates of the Rohnert Park Gymiastics and submitted a petition of 75 signatures from other parents supporting retention of this program. Ms. Berg also expressed concerns related to the annual insurance payments made by the gyrmastic students to the instructor or facility and asked about reimbursement procedures if the City does not allow Angie Sperry to continue at the Sports Center. Deborah Stack, 8567 Lancaster Drive, said she was asked to speak on behalf of the gymnastic instructors in support of Angie Sperry's program. She shared concerns expressed in letter dated October 25, 1993 from Jan C. Bischak who referred many of her students to Angie when PAL went out of business and Ms. Bischak was unable to meet the complexities involved to show proof of insurance before her proposal could be Rohnert Park City Council Minutes (3) October 26, 1993 submitted to start a program at the Sports Center. Ms. Stack made comparisons with the City's recent decision to accept Rohnert Park Gymnastics' proposal over Angie Sperry's proposal. She said Angie's program offers a wider variety of progression levels at lower rates. Ms. Stack referred to the petition signatures of 75 parents expressing support of retaining Angie Sperry's program and asking Council to review this situation and do what is best for participants already in the program and those of the future. They believe gymnastics at all levels should be available to all types of interested participants. City Manager Netter confirmed discussions with Jayne Berg and Recreation Director Pekkain this morning regarding concerns expressed in the above- referenced letter of Ms. Berg. Nk. Netter said the reasons for discontinuing Angie Sperry's program included the inability to meet insurance requirements, as well as various other complications. He commented on RFP (request for proposals) possi- bilities, the need to review commitments to the other organization, and the necessity of maintaining a program that protects the City. City Manager Netter responded to Council inquiry that he was told that the insurance paid by participants of the programs would be transferable, but if not, then the City would make sure the participants that paid the insurance fee would be covered for the balance of the period the fee was in effect. Discussion ensued regarding various concerns especially related to insurance requirements and process to qualify for City programs, as well as the need to offer a wide variety of program options. Discussion concluded in Council direction for staff (City Manager and Director of Recreation) to meet initially with Angie Sperry to see if the differences and complications pertaining to her program proposal can be resolved prior to including above concerned parents and instructors in another meeting to further review gymnastic program possibilities. C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 93 -128 COM4NDING DANIEL L. LOGUE ON THE OCCASION OF HIS RETIREH Mr No. 93 -129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING "NATIONAL UNFUNDED M WDATES DAY ", OCTOBER 27, 1993 No. 93 -130 A RESOLUTION ACCEPTING COWLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, OVERLAYS - 1993, PROJECT NO. 1993 -1 No. 93 -131 RESOLUTION DECLARING OFFICIAL INTENT OF THE CITY OF ROHNERT PARK TO BE REIMBURSED CERTAIN CAPITAL EXPENDITURES FROM PROCEEDS OF LEASE PURCHASE AGREEW T WITH BANC ONE LEASING Rohnert Park City Council Minutes (4) October 26, 1993 No. 93 -123 RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING AN AGREEMEZM FOR LEGAL SERVICES WITH THE FIRM OF JONES HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION (REFINANCING OF 1991 CERTIFICATES OF PARTICIPATION) Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Mayor Hollingsworth said the following item would be moved forward on the agenda and handled at this time in consideration of request made during unscheduled public appearances. Rancho Verde /Expressway traffic impacts /Stop sign request: City Engineer Brust reviewed contents of staff report dated October 6, 1993 and responded to Council questions. He confirmed his recommendation that stop signs not be placed at the Rancho Verde Circle intersection on the Rohnert Park Expressway. He further recommended minor modifications to the striping of the eastbound left turn lane on the Rohnert Park Expressway into the Rancho Verde Nbbile Home Park be made to better delineate the left turn movement. Mr. Brost responded to Council inquiry that the striping could be put in next week. Councilman Eck said the Mobile Home Park Council Committee was conprised of himself and Councilman Reilly and, in meeting with City Engineer Brust regarding this matter, agreed with the recomrendations as reviewed. Council concurred. Scheduled Public Appearances: 1. Lew Kuehm, representing the Steering Committee for "Youths of the Year" shared contents of letter dated October 20, 1993 requesting up front financial assistance in the amount of $2,000 in order to continue to offer an on -going program. He explained details of the program and responded to Council questions. Discussion included various concerns related to financial needs of other organizations, as well as this one, and budget constraints of the City. Differing opinions were expressed regarding the logic of providing funding for this program and not. being ale to do the s?mP for others. It was pointed out that the Youths of the Year program is a spin off and part of the Founders Days organization so there is a tradition to consider with this particular effort. A motion was made by Mayor Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, to issue a guarantee in the maximum amount of $2,000 to the Youths of the Year program, but not issue the check until needed for next year's presentation of student scholarships, and based upon the amount obtained from the fundraising efforts of the organization, with the City's guarantee to make up the difference not to exceed the $2,000 maximum amount on a matching basis with other contributions received. Rohnert Park City Council Minutes (5) October 26, 1993 2. Rev. Samuel Tharpe of Thorvex Productions - "T's Academy" - referred to his letter dated October 19, 1993 requesting 820,000 to fund various community projects and said the attached package of information, especially involving the needs of children in the community, was self - explanatory. Rev. Tharpe responded to various Council questions regarding contents of the informational package including confirmation of providing the 'Thanksgiving dinner for the needy again this year. City Manager Netter responded to Council inquiry regarding facility location possibilities for T's Academy that he and City Engineer Brust had found a couple that proved to be unsatisfactory but considerations were still open for a site beside the animal shelter. City Manager Netter cautioned the Council to think seriously before approving additional funding requests outside the budget time table since indications for next year continue in the direction that the State will be extracting not only City funds but Redevelopment Agency funds. On the issue of Rev. Tharpe's proposal, the Council deferred this item to a future budget review session. Discussion included recomrendation by Mayor Hollingsworth to at least provide $500 funding assistance to the Thanksgiving dinner effort with recommendation by Councilwoman. Gallagher to increase the amount to $1,000. Mayor Hollingsworth and Councilwoman Spiro both signified interest to participate again this year in helping with serving the Thanksgiving meals for the needy. Rev. Tharpe advised that the upcoming meeting to prepare for this event was scheduled for November 3rd, 1993. Council concluded that further consideration of specific funding assistance for the Thanksgiving meal program should be placed on the next Council meeting agenda. Garbage matters: City Manager Netter explained the three (3) resolutions for consideration pertaining to garbage matters with revisions per Council direction at the previous Council meeting. Staff reports and the Council Nbeting Memo provided detailed information on these garbage matters. Mr. Netter and Assistant to the City Manager Leivo responded to numerous Council questions confirming various factors regarding extending agreement with Empire Waste Management for an additional six (6) years, rates, the implementation program for the new recycling services, notices, setting separate debris box service rates through June 30, 1995, and the competitive market for debris box services beginning in July of 1995. In response to Council inquiry, Assistant to the City Manager Leivo recommended a voucher system for backyard composters and those that do not generate yardwaste similar to the system used by the City of Petaluma. Discussion proceeded during which Council reviewed numerous concerns and complexities related to the garbage matters including charges for apartments and mobile home parks, changing container sizes, reviewing the rates in six (6) months, and reviewing how the program is working. The Mayor recommended eliminating the charge for changing containers the first six months to see whether or not it will be necessary. Rohnert Park City Council Minutes (6) October 26, 1993 Public Comments - Mayor Hollingsworth opened the weeting Lo receive public; c uiumeilts at approximately 7:50 p.m. 1) James M. Clark, 80 Walnut Circle, said that people in senior mobile home parks are usually in the age range from 75 to 95 years and generate only a small amount of garbage compared to larger families. He asked the Council to take that into consideration. Ninety -five year olds should not be required to pay the same rate as families. 2) Katherine Collins, expressed concern about the 30% increase in rates that goes with the 90 gallon can option. Many people will choose the 35 gallon can. Ms. Collins asked what kind of protection will there be from those who cannot afford the larger cans and place their excess garbage in dumpsters on convercial properties. 3) Bert Terreri of Industrial Carting, 3911 Santa Rosa Avenue, Santa Rosa, Ca., complimented the Council on the fine job it has done in moving toward competitive bidding. He thought City staff did a fairly good job in covering all the issues, hoover, the language on page 7 of the Second Amendment to the Agreement pertaining to insurance requirements may be frustrating. The application in the area of debris boxes and recycling is not clear as to whether or not full coverage is required. Mr. Terreri said it should state "reasonable" insurance. The S5 million insurance requirement was not justified. Discussion followed during which varied concerns were expressed regarding insurance requirements. Councilman Eck pointed out that the referenced insurance requirements refer to the contract with Empire Waste. He would be interested in seeing the differences in premium costs. City Manager Netter said prior to the debris box services being opened to competitive market in July 1995, an ordinance or standard agreement would be presented to Council outlining certain conditions and requirements necessary for potential debris box companies to operate within the City. This would include insurance requirements. Staff will most likely recommend the same requirements as in the Empire Waste agreement. Mayor Hollingsworth said that premiums are based on many risk factors such as the quality of the drivers, the condition of the trucks, and amount of use on a given truck. He said this is a high risk situation and the City needs protection from such possibilities as drivers with DUI histories. Councilwoman. Gallagher said, for the record, that this was another example of insurance bullying. The insurance demands bullies the competitors to prevent participation. In response to Mr. Terreri's comment that many cities leave out the insurance amount, Mayor Hollingsworth said he did not know how any city could allow the omission. In response to Mr. Terreri's suggestion that the City should find out what the School District insurance requirement is, Councilman Eck said this might apply but the issue is not settled. If this discussion could clear up the matter now, it would be worth pursuing. Hoover, it appears that this will have to be negotiated later. Councilman Eck said he certainly did not want this to get in the way of implementing recycling programs. City Manager Netter responded to Council inquiry that the insurance requirements have been brought up to standard requirements in the amended agreement. Rohnert Park City Council Minutes (7) October 26, 1993 Bert Terreri of Industrial Carting referred to the top of page 4 of the Amendment Number 2 regarding the requirement of a financial audit on the contract holder. He asked if consideration could be given to changing the requirement of financial audits to financial statements for potential debris box companies. Debbie Clarkson, 510 Corte Naranja, referred to rate changes for mobile home parks. The park where she lives has made private arrangements for garbage collection. There were no provisions for recycling but she would not mind increased rates with the opportunity to recycle. Kevin Walbridge, Division President of Empire Waste Management, confirmed that some mobile home parks do contract independently and do not offer recycling options but it is not a policy of Empire Waste. With regard to insurance rates, Ehpire Waste is willing to comply with whatever is fair and equitable. These issues do not affect the decisions of Council today, but are for future decisions regarding debris boxes. Regardless of whether the choice is for a franchise or not, require- ments should be the same for all. He said it is true that exposure and levels of driving are factors that affect insurance premiums. Mr. Walbridge said he would be willing to answer further questions Council might have at this time. He responded to inquiry that the 35 gallon can size is the smallest size that will work for the automated service. The real cost is in driving to each home, not the amount of refuse in each can. It would be a violation of health codes to allow garbage to pile up for longer periods of time. Mobile home parks make specific arrangements and are charged for services received. He recommended that the City stick to the proposed variable rates. Resolution A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK SETTING No. 93 -133 GARBAGE AND RUBBISH OR REFUSE COLLECTION RATES Resolution A RESOLUTION APPROVING THE SECOND ANE:NDNENT TO THE AGREEMENT FOR THE No. 93 -134 COLLECTION AND DISPOSAL OF GARBAGE, WET GARBAGE, RUBBISH AND REFUSE WITHIN THE CITY OF ROHNERT PARK AND AUTHORIZING THE CITY MANAGER TO SIGN THE ANENDNENT Resolution A RESOLUTION REPEALING RESOLUTION 90 -162 AND AMENDING RESOLUTION No. 93 -135 89 -105 AND SETTING SEPARATE DEBRIS BOX SERVICE RATES THROUGH JUNE 30, 1995 Upon motion by Councilman Eck, seconded Councilwoman Spiro, reading of Resolution Nos. 93 -133, 93 -134 and 93 -135 were waived and said resolutions were consecutively adopted with the following conditions: 1) eliminate the $50 change of can size fee and revisit the charge in six (6) months to ensure overall inclusion for the variety of needs; 2) add language to insurance requirements on page 7 of Agreement Amendment Number 2, "The City, at its sole discretion, can amend and increase the coverages and insurance limits "; and 3) revisit insurance requirements for commercial recycling services for potential companies allowed to provide services which may have to be accomplished through a separate ordinance setting up this requirement. Said resolutions were adopted by the following vote: AYES: (4) Councilmembers Eck, Reilly, Spiro and Mayor Hollingsworth NOES: (1) Councilwoman Gallagher ABSENT: (0) None Rohnert Park City Council Minutes (8) October 26, 1993 Councilwoman Gallagher said, for the record, that she was voting no on all three of these resolutions. She said after sitting on the garbage committee diligently working in the best interest of the citizens, by seeking cost saving measures, that competitive bidding, free enterprise and competition are the backbone of this democracy. She witnessed 125 business signatures for competitive bidding. Rohnert Park citizens called, wrote letters to City Hall and to the newspapers and spoke overwhelmingly for competitive bidding. This Council took the easy way out and chose not to listen to the citizens. Ms. Gallagher said she also believed it is a bad business practice to sign an eight year contract and, therefore, could not vote for these resolutions. Councilwoman Gallagher said she wanted this complete statement to go on the record. RECESS Mayor Hollingsworth declared a recess at approximately 8:12 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 8:18 p.m. with all Councilmembers present. Operation Payback - The Mayor reviewed contents of City of Santa Rosa Mayor Maureen Casey letter dated September 23, 1993 challenging Rohnert Park to participate in Operation Payback to help flood victims of cities in the Midwest. Vice Mayor Reilly responded that he would like to see the City encourage citizens to participate in efforts to help the needy of all types of crisis and situations, but did not think it was a good idea to establish direction for specific areas. Council agreed. Recreation matters: 1. Form agreement for use of Rohnert Park Stadium for concerts Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 93 -136 AUTHORIZING AND APPROVING AGREEMENT FORM ENTITLED "AGREEMENT BEIWEEN THE CITY OF ROHNERT PARK AND PROMDTERS OF CONCERTS FOR USE OF THE ROHNERT PARK STADIUM" City Manager Netter explained the resolution and responded to questions from Council. Upon motion by Councilman Eck, seconded by Councilman Reilly, and unanimously approved, including amendment by Councilwoman Spiro that use of City staff will be at the promoter's cost, reading of Resolution No. 93 -136 was waived and said resolution was adopted. 2. Free Friday Night program - City Manager Netter updated the Council on the success of this program as reviewed in the Council Meeting Memo including recommendations presented in the staff report of October 5, 1993. W. Netter shared positive results of recent meeting of City Manager and Recreation Director Pekkain with a number of local gang members. Feedback included suggestion of a graffiti wall, 3 on 3 basketball league, and possibilities of a boxing program. W. Netter confirmed that a follow -up meeting was planned on Wednesday, October 27th, 1993. City Manager suggested this issue be an agenda item on Rohnert Park City Council Minutes (9) October 26, 1993 the joint meeting with the School District scheduled on Thursday, October 28th, 1993. Discussion followed which included various other activity recommendations such as arrangement possibilities with Cal - Skate, bowling allies, a mid -night basketball program that has proved successful in other cities. Councilwoman Gallagher said, for the record, that she is on the gang task force and keeps getting left out of the meetings and asked if she could be notified of such meetings like the one scheduled for 9:00 a.m, tomorrow. 3. Crane Creek Park plans - City Manager Netter referenced plans on display and introduced Philip Sales, representative of Sonoma County Regional Parks. Mr. Sales updated Council on the first phase of the Crane Creek Park, including information provided in the Council Meeting Memo, and responded to Council questions. Councilwoman Gallagher Councilwoman Gallagher left the chamber at approximately 8:30 p.m. leaves Discussion included request of Councilman Eck to retain the bicycle connector path to Petaluma as part of the proposal for the Crane Creek Park plans. Councilwoman Gallagher Councilwoman Gallagher returned to the chamber at approximately returns 8:34 p.m. The following item was moved forward on the agenda in consideration of comments made during unscheduled public appearances. Proposed west side open space golf course: City Manager Netter referenced plans on display and August 1989 feasibility study for a third golf course in Rohnert Park. He shared contents of staff report dated October 21, 1993 and City Council Nhmo outlining the two scenarios and factors involved for consideration of this proposal. He said the option to not annex the property and to work with the County would be the best and most expeditious. He said an open space easement would have to be executed to protect the land from other developments. Public Convents - Mayor Hollingsworth opened the meeting to public comments at approximately 8:40 p.m. Shannon Clarkson, 510 Corte Naranja, as a young student in the community, thought the area should remain as it is for the benefit of all the animals. She said it would be better to use the area as a natural wildlife learning center for students Debbie K. Clarkson, 510 Corte Naranja, expressed concern about developing the area into another San Jose and asked why should this open space be turned into a golf course. Why not let it remain an agricultural area or preserved for wildlife and learning center. Rohnert Park City Council Minutes (10) October 26, 1993 Dave Michel, 4405 Hol l itiy5wclth Circle, dyreed the area sAivuld remain agricultural. Another golf course will attract further development that would have several consequences to the viability of the whole area. The alternative for a third golf course should be on the east side because that is where the pressure for additional housing is going to be such as between G section and Petaluma Hill Road. He thought the idea of an agricultural facility could be very successful. Linda Branscomb, 21 Anne, referred to previous commnts by staff that the land being considered for the proposed golf course is in the Williamson Act and said she recently talked to someone connected with the interpretation of the Williamson Act and he was not ecstatic about that use. She understood a recent report was about American Golf running at a loss. Because of the economy, she would hate to see the City take a valuable resource like open space and try and make money off of it and fail. Ms. Branscomb expressed further concerns related to development along the edge and middle of golf courses that opens up comiunity separator based development. She preferred opening some kind of teaching facil- ity for wildlife as well as consideration for some type of reserve. Beverly Bowen, 609 Corte Nbreno, expressed concerns related to additional traffic inpacts along Stony Point Road if the proposed golf course is located in that area, therefore, she opposed development of the golf course. She said there has been numerous accidents with the commercial developments of the area so something would have to be done to inprove the conditions of Stony Point road. City Manager Netter responded that the County is currently proceeding with a program to widen Stony Point Road. Debbie Hales, 825 Liana Court, thought the Expressway overpass improvements should be taken care of first and asked, if a club house is built on open space, how could it be considered open space. Unless written in stone, there is nothing to prevent additional houses from being built. Also, the General Plan Update should be finished before any kind of annexation is done. Nbre concentration should be placed on retaining the agricultural area and the Williamson Act. Ms. Hales said she has never had a problem with getting on the golf courses and was not against that particular effort as she is from a family of golfers, but she thought a third course would take away from the existing two golf courses. Debbie Clarkson, 510 Corte Naranja, expressed an additional concern to her above comments related to putting in a club house if the proposed golf course is approved. She said it is already very tight in the specified area for senior residents of Rancho Verde Nbbile Home Park. She thought the Council would want to make them aware of this proposal. Mayor Hollingsworth closed public comments at approximately 8:55 p.m. Discussion followed during which Council reviewed differing opinions pertaining to guidelines of the Williamson Act and interpretations related to considerations of golf courses as open space. Reference was made to the "turn key" type project whereby the City would not have expenditures for land purchase, construction of the course, or operations, as well as the potential of Certificates of Participation (COPS) and bond issues. The need for Council to at least review the proposals was signified along with the dual track direction to contact Rohnert Park City Council Minutes (11) October 26, 1993 David Hansen of the Open Space District for review and input along with request that Mr. Hansen comnmicate directly with the owners of the property regarding same. It was concluded that the City Manager would check with and invite representatives of the golf course development companies and Bond Counsel /Underwriters to more fully review details of how the "turn key" program works, that the City Manager would comrunicate directly with the County Planner regarding guidelines of the Williamson Act, and report back to Council. Adrian Drive Undergrounding Utility District No. 6, Phase 1 - Director of Public Works /City Engineer Brust referenced maps provided to Council and explained this item including information reviewed in the Council Meeting Ntemo. He responded to Council questions and confirmed staff recommendation to schedule a public hearing for this project which is a requirement of the Underground Utility District. Council directed that a public hearing be duly noticed and scheduled for this project next month during a November Council meeting, as recommended by staff. Planning and Zoning matters: File No. 1602 - Nick Kadam dba Golden Design - Appeal of Planning Commission denial of temporary use permit to sell home accessories in parking lot of Don's Bar & Sports Grill at corner of Golf Course Drive and Commerce Boulevard - City Manager Netter explained staff reports as reviewed in the Council Meeting Memo regarding this item. He pointed out that the denial by the Planning Commission of the temporary use permit was based on the complaint petition signatures. Nick Kadum, 218 Hewett Street, Santa Rosa, Ca., reviewed the history of his business and said he has never had any problems except for a couple of residential complaints as signified by the petition opposing his efforts. He said the petition supporting his efforts is lengthier than the one signifying opposition and merchants within the area support his appeal for the temporary use permit for the duration of November 25, 1993 to December 25, 1993 in weekend days for a total of 12 days. Discussion followed concluding in a motion by Councilwoman Gallagher, seconded by Councilman. Eck, and unanimously approved, to reverse the Planning Commission denial and direct issuance of the temporary use permit for File No. 1602, as requested, from November 24, 1993 to December 25, 1993, under the same conditions as reviewed by the City Manager and outlined in the previous use permit approved for Mr. Kadum. Treated Wastewater - Rohnert Park pipeline: Director of Public Works /City Engineer Brust reviewed conceptual design map showing the proposed pipeline extension planned along Copeland Creed to facilitate irrigation of City parks, School District landscape area, Sonoma State University grounds and other major open areas with reclaimed water. Mr. Brust shared comments, including estimated flows and costs reviewed in the Council Meeting Memo and responded to numerous Council questions related to this proposal. He confirmed that this is just a preliminary report at this time and the City of Santa Rosa is in the proposed stage of hiring a consultant to come up with a project that would be acceptable to all parties. This consultant would then meet with all potential agencies to determine interest in the program. Rohnert Park City Council Minutes (12) October 26, 1993 Proposed west side open space golf course - This .item was moved forward on the agenda and reviewed earlier during this Council meeting. Council Committee reports: 1. Mobile Home Purchase Program - Councilman Eck reported that the Council Committee comprised of himself and Vice Mayor Reilly met with residents at the Rancho Feliz Mobile Home Park on October 5th, 1993 to review possibilities of the Mobile Home Park Purchase Program. He said discussions are still totally in the design stages. 2. Library - Council Liaison Reilly reported on the meeting held on October 7, 1993 with School District and Sonoma County Library representatives to discuss Library projects. Councilman Reilly reviewed numerous reasons for considering the old Junior High School in development plans for the Library including central location, 3 -fold function with the Home Study Center, as well as County financial considerations of capital costs and staffing provisions. Another benefit is that it would include the Junior High School in new facility plans and they would no longer feel left out of improvement developments. 3. Com mity Outreach for Youth & Families - Councilwoman Spiro confirmed that this Council Committee was comprised of herself and Mayor Hollingsworth. She updated Council on details of the most recent meeting for Community Outreach for Youth & Families (COYF) and said numerous programs continue to request space. Following review by the Committee, it was basically agreed to leave things as they are but with recognition for the need and intent to expand when possible. The Committee reviewed previously discussed items and, with the Seniors recent request for expanded space in the Codding Center building, Councilwoman Spiro said considerations are being given to having some negotiations regarding facility uses for programs. Cable TV - Live broadcasting of City Council meetings: Assistant to the City Manager Leivo shared contents of the staff report regarding this item, including information reviewed in the Council Meeting Memo, and responded to Council questions. Staff recommends installation of a return line to the "New Civic Center" site but tapping into the line at 6750 Commerce Blvd. and installation of equipment in the Council Chambers. City staff should prepare an equipment acquisition list of needed cablecasting equipment for review by the Council and a City employee should be specifically assigned to operate the equipment. Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, to proceed with above - reviewed Cable TV live broadcasting arrangements as recommended by staff, was unanimously approved. Tele -Works Automated Citizens Information System: Assistant to the City Manager Leivo shared contents of staff report explaining the resolution for consideration regarding the Tele -Works Automated Citizens Information System. W. Leivo responded to various Council questions confirming that staff recommends approval of the agreement and suggests that the City purchase the four telephone line Rohnert Park City Council Minutes (13) October 26, 1993 basic system and add upgrades in the future depending upon needs discovered through operation of the system. He pointed out that the ACIS system would provide useful and timely information at a relatively low cost and could save substantial staff time spent repetitively answering commn citizen questions. Discussion concluded in a motion by Mayor Hollingsworth, seconded by Councilwoman Gallagher, directing staff to prepare this Tele -Works item for consideration during budget reviews for next year, and approved by the following vote: AYES: (4) Councilmembers Eck, Gallagher, Spiro and Mayor Hollingsworth NOES: (1) Councilman Reilly as he signified preference to proceed with this program now. ABSENT: (0) None Bicycle signage on SW Blvd.: City Attorney Flitner shared conclusions of his memorandum dated October 5, 1993 regarding the bicycle signage in question on Southwest Boulevard that the signage is reasonably imposed and allowed in the Vehicle Code. Mr. Flitner said he understands that Mr. King, representative of the Bicyclist's Civil Rights Alliance, does not agree with this and says that the Vehicle Code must be followed exactly even if a hazard exists. City Attorney Flitner said, however, from the City's standpoint, there could be a problem if it aware of a hazard and does not proceed with precautionary measures. In his opinion, the City has some rights of regulation. Jake Mackenzie, Chairman., Bicycle Advisory Committee, 1536 Gladstone Way, reviewed the logic of the Committee's previous recommendation that the existing sign prohibiting bicycles westbound on Southwest Boulevard west of Country Club Drive should remain in place. He suspected from his own experience that it is a somewhat hazardous area but, frankly, no more hazardous than other areas so, theoretically, he sided with Mr. King that he should be able to proceed down Southwest Blvd. as in any other comrunity. However, after consideration, the Bicycle Committee agreed that the best thing to do would be direct school children to use the other side of the street as signified and to review the issue in one year. The Bicycle Committee has not chosen to side against the City. Johnny King of California Bicyclist's Civil Rights Alliance, P.O.Box 371, Orinda, Ca. said he had heard the opinions including the City Attorney's and he had no problem with the Council taking precautionary measures. His question now was whether the Council wanted to address the questions raised about barriers prohibited by the Streets and Highway Code. City Attorney Flitner responded that he did question the burm as it seemed that condition would have to be followed so he would go with everything except the burros. Discussion followed during differing opinions were expressed regarding the burm and the safety factor from the standpoint of the Junior High students and their bicycling habits. Mr. King said he was aware of safety concerns but asked if the matter could be addressed for a plan toward a long term solution. Director of Public Works /City Engineer Brust responded that the path in question is a two -way bike path, Rohnert Park City Council Minutes (14) October 26, 1993 whereas the Vehicle Code prohibits burros on one -way bike lanes, but specifies that separators are permitted for the two -way bike paths. W. King questioned the section qualifying as a bike path because of the description in the code that such paths be separated by a 2' shoulder. Other suggestions were made toward compliance with codes and retention of safety factors. Councilman Eck suggested that he, W. King and Bicycle Chairman Mackenzie take a bicycle ride together through the specified area at peak student time to better observe all angles of this situation. It was agreed this would be a good approach and the Mayor advised there would be a further report on this matter at a later date. Rancho Verde /Expressway traffic impacts /Stop sign request - This item was moved forward on the agenda and reviewed earlier during this Council meeting. DUI Cost Recovery Program: City Manager Netter referred to staff reports provided to Council basically recommending changes in the DUI Cost Recovery Program in order to be more cost effective. This program was implemented in May of 1990 with condition to revisit effectiveness within a reasonable time period. W. Netter introduced Accountant /Auditor Angela Fogle who shared contents of the staff report regarding the DUI Billing and Collection Analysis with recommendations. City Manager Netter and Accountant /Auditor Fogle responded to Council questions. Council concurred for staff to proceed with ordinance language changes related to the DUI Cost Recovery Program as outlined in the staff report, with the exception of Counc i 1 ' s desire to retain the language indicating amounts collected would be refunded if the defendant was not convicted, including-specific motions as follows: Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, to adjust the billing policy of the City to bill only for DUI incidents involving accidents and a limited number of additional cases involving grossly negligent operation of a vehicle which seriously endangers public safety, as recommended by staff, was unanimously approved. Upon motion by Councilman Reilly, seconded by Mayor Hollingsworth, as recommended by staff, to send out DUI cost recovery billings based on filed complaints by Sonoma County District Attorney, was unanimously approved. Upon motion by Councilman Reilly, seconded by Mayor Hollingsworth, as recommended by staff, ordinance language establishing that the conviction does not have to be for DUI if defendant pleads guilty to a lesser charge of "wet reckless" to proceed with cost recovery billings, was unanimously approved. City Manager indicated that the appropriate ordinance changes would be made and presented to the City Council for formal action. ComTunications - ConTwnications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Rohnert Park City Council Minutes (15) October 26, 1993 EXTEND COUNCIL MEETING - Council agreed to extend the Council meeting a few minutes in order to complete necessary agenda items. In response to Councilwoman Gallagher's concerns regarding the need to review her items listed under Matters from Council, Mayor Hollings- worth responded that he would be willing to move the items into the upper part of the next Council agenda. Councilwoman Gallagher said, for the record, that this was the third meeting she had specifically put in writing to place these items early on the agenda to which the Mayor responded that he had not once seen the request in writing and it is the Mayor's responsibility to review the agenda with staff prior to publication. Tonight's agenda was put back in the usual consistent order, as it was thought there would be plenty of time to review all agenda items as listed. For the record, Councilwoman Gallagher said Rohnert Park has had uncontrolled growth for at least 20 years. The last time a somewhat citizen participation plan was done was in 1973 with no plan for 17 years. Then a rushed plan was done because of a lawsuit with still no time for long term considerations. Our current interim General Plan process was done and partially paid for by a developer. The town had dramatically changed from lots of resources, land, etc. that we do not have now. We have people of all ages with a myriad of needs and problems. We mast at this time do a 20 year master plan. A new master plan that plans for the youth to deal with future problems. We have more and more children with many problems that cannot wait until budgets are resolved but we keep putting them off. That does not make sense or help anything. Due to the lateness of the hour, Mayor Hollingsworth advised that any remaining items listed on the agenda were either informational, of which copies of pertinent materials were previously provided to Council, or items needing further review would be deferred to the next Council meeting. Unscheduled Public Mayor Hollingsworth asked if anyone in the audience wished to make an Appearances appearance at this time. Linda Branscomb, 21 Anne, referenced the recent COYF meeting which she thought signified the need for funding reconsiderations of items previously deleted from the budget. Keith Hallock, 1500 Baumgardner Lane, Santa Rosa, queried if there was a written opinion on the Williamson Act related to the proposed golf course. He distributed copies to Council of the current Santa Rosa Sun newspaper. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:10 p.m. a, -, 119 .1 //--"/ De City lerk jh Mayor