Loading...
1994/04/12 City Council MinutesRohnert Park City Council Minutes April 12, 1994 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. CALL TO ORDER -Mayor Reilly called the regular session to order at approximately 6:05 p.m. and led the pledge of allegiance. Mayor Reilly advised that a closed session conrenced this evening at 5:30 p.m. to discuss an existing litigation Workers' Compensation and PERS personnel matter pertaining to Robert E. Dennett vs. City of Rohnert Park as listed on the agenda attachment. He shared contents of the Mayor's report regarding this matter (copy attached to original set of these minutes). ROLL CALL Present: (5) Councilmmbers Eck, Gallagher, Hollingsworth, Spiro and Mayor Reilly Absent: (0) None Staff present for all or part of the meting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Director of Public Works /City Engineer Brust and Finance Director Harrow. Approval Upon motion by Councilman Hollingsworth, seconded by Councilwoman of Spiro, the minutes of March 22, 1994 were unanimously approved Minutes as submitted. Approval City Manager Netter responded to various Council questions pertaining of to the bills presented for approval. Mayor Reilly directed Council Bills to call the City Manager on questions about the bills prior to the Council meetings in order for the City Manager to obtain the necessary information on the items and be able to respond to the questions when presented during the public forum. Upon motion by Councilman Hollingsworth, seconded by Mayor Reilly, City bills presented per the attached list in the amount of $783,361.13 were unanimously approved. Non - agendaed Mayor Reilly queried if any Councilmmber had any non - agendaed items matters to add to the agenda. No one responded. WORK SESSION for THE NEW BROWN ACT City Attorney Flitner referenced informational items provided to Council pertaining to the New Brown Act including synopsis from the League of California Cities and City Attorney memorandum dated April 5, 1994. His memorandum highlighted significant changes in the Brown Act amendmnts including the amended and broadened definition of "legislative body" and the expanded definition of a "meeting ". Mr. Flitner confirmed he had issued at least two previous mmorandums within the past half year describing the changes, shared contents of his above - referenced April 5th memorandum and responded to Council questions. Rohnert Park City Council Minutes (2) April 12, 1994 Disc:ussiou included coL1f1Litatloti by MAyol: Reilly and Councilrian Eck, as sub - committee to review the Code of Ethics, that the Code of Ethics item was scheduled later on the agenda. The sub- committee's report and draft document, which was distributed to Council this evening, contained suggestions and recommndations. City Attorney Flitner further responded to Council inquiry that the Brown Act specifies in section 54957.5 that the public has the right to "inspect" documents distributed at public meetings, with clarification signified in the referenced section that "nothing in this section shall be construed to prevent the legislative body of a local agency from charging a fee for copies of a public record ". Discussion followed. Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act), Public citizens wishing to make a comment may do so at this time. Under Appearances 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. Steven Thorton from Santa Rosa, Chairman, ACLU of Sonoma County, said there are many ACLU members in Rohnert Park and asked for clarification of the code of ethics for public officials that their members were expected to support. He said public officials and such members of public agencies should not undermine each other although each should be free to express openly their differing opinions. Ethics & Code of Conduct: Nbyor Reilly advised that this item listed on the agenda under Council Committee reports would be brought forward and handled at this time. Mayor Reilly and Councilman Eck reviewed contents of the above - referenced report and draft document signifying their recommendation Councilwoman Gallagher said she thought it was important, for the record, that the public not be fooled and that just because three members show up at a meeting, it does not mean it is for the purpose of conducting business. This body meets frequently throughout the months at various occasions, dinners, etc. and often three, four and five members attend such meetings. This body knows how and when to as the sub - committee for updating the City's Code of Ethics document. The sub - committee's recommendations include going a step further than the new Brown Act requirements for claiming all contributions, not dust those exceeding -$9�r and for notification of standing committee -CORRECTION from meetings. Under the definition of the new Brown Act such meetings 4/26/94 meeting: now become public which means the participation of a third Change this Councilmember provides a legal quorum of the Council which could amount from formally take action. Therefore, due to the shorter 24 hour timing $998 to $99 requirement for public notification of such standing committee meetings and, in what is believed to be the true spirit of the Brown Act, the Code of Ethics sub - committee recommends that the Council avoid creation of the quorum. If, however, another Councilmember desires to participate on topics of standing committees, this should be so- signified and a duly noticed workshop or meeting involving the full Council should be scheduled with the appropriate and more extensive 72 hour notification of the public and press. Councilwoman Gallagher said she thought it was important, for the record, that the public not be fooled and that just because three members show up at a meeting, it does not mean it is for the purpose of conducting business. This body meets frequently throughout the months at various occasions, dinners, etc. and often three, four and five members attend such meetings. This body knows how and when to Rohnert Park City Council Minutes (3) April 12, 1994 conduct business. Ms. Gallagher said this was an attempt to keep her from going to meetings she desired to attend and she wanted it on the record that the three meetings from which she was removed were the following: first, the Garbage Committee that she was previously a committee member and was replaced and which meeting was an informa- tion gathering meeting and not a body to make decisions; second, was a meeting she did not even want to attend but was asked by citizens to attend because they did not understand City Hall lingo; and, third, was a meeting she sat on the sidelines to gather information and not to debate but felt it was her duty as a public official to attend and be informed. Mayor Reilly said the sub - committee's draft document and recommenda- tions for updating the Code of Ethics was distributed earlier this evening and Council would need to read it and make comments accordingly at the next Council meeting. He asked Council to remember that if three Councilmembers show up at a committee meeting, action can be taken without having the 72 hour advance notice required for regular meetings. Councilwoman Gallagher said lastly, for the record, she had requested on numerous occasions to be part of certain committees like the Volunteer Center committee, the Youth Council committee and the Code of Ethics committee. She said she was present at Council meetings during which appointments were made and has not been allowed to be on these committees. She asked how the ethics committee appointments were made since she did not recall a vote on the appointments. She expressed further concern about not getting on this committee since she had been the one to point out that the City's Code of Ethics docu- ment was dated 1972 and should be updated. Nlayor Reilly responded that, as Mayor, he has the authority to make committee appointments and, at a previous Council meeting, he had designated himself and Councilman Eck as sub - committee to review the *ADDITION MADE at Code of Ethics.* 4/26/94 Council meeting: Add, "There were no committees established for the Volunteer Center and Youth Center " .Councilwoman Spiro requested it to be on the record that she has a very large concern with ethics when there seems to be conflicts of interest involved. She shared a portion of the draft code of ethics document under the section determining the existence of a conflict of interest, item #3 at the bottom of page 2, also inclusive in the City's 1972 document, as follows: "The public official, because of bias or prejudice, or because he or she has pre - judged a matter set for public hearing is incapable because of such bias, prejudice, or pre - judgment of granting to the matter before him or her a fair and impartial hearing." In further comments for the record, Councilwoman Spiro said she believed there had been violations of that portion of conflicts of interest in the past by Councilwoman Gallagher. Ms. Spiro reviewed the background of being placed on the above - referenced Garbage Committee from which Ms. Gallagher pointed out she was removed. Councilwoman Spiro said she was really tired of being told about that and thought that situation was pre - judged as there was never a good word said by Ms. Gallagher about any of the garbage efforts and what was acceptable. This was the reason the first Garbage Committee had Rohnert Park City Council Minutes (4) April 12, 1994 %CORRECTION from 4/26/94 Council meeting: Change, "garbage- related name" to "development - related name" to be scrapped and a new one developed. Whenever the*qatiDage related name is mentioned, it is interesting to note there is immediately a no vote regardless of the issue being considered. Conflict of interest statements like "that person does bad work" is definitely pre - judged and biased. Ms. Spiro said, in her opinion, that these have been definite violations in the past. Discussion followed during which Councilman Eck pointed out that no one had had an opportunity to digest the individual items on the draft document and its distribution to Council earlier this evening was for the purpose of the sub- committee to notify its intent to draft some form of resolution. He suggested scheduling time on the next Council agenda to receive public input on this matter which would also give the full Council an opportunity to review the draft and digest what the sub - committee was reviewing and presenting for consideration. In response to further inquiry from Steve Thorton, Chairman, ACLU of Sonoma County, asking why the City even needed its separate ethics document, Councilman Eck confirmed it basically reiterated and supported Brown Act and FPPC requirements. The matter was discussed several meetings ago when Councilwoman Gallagher brought attention to the 1972 date on the City's document. Council explored going back to the Brown Act state law but the issue regarding how to handle the number of Councilmembers attending committee meetings had to be resolved, since the Brown Act was essentially in limbo. Further discussion followed during which Councilman Hollingsworth pointed out that all such bodies are to abide by what are polit- ically correct laws which are governed by the state laws, period. If that is done, the Council does not need its own code of ethics and, therefore, Mr. Hollingsworth said he applauded Mr. Thorton's comments questioning the need of a separate document. How each Councilmenier behaves at these meetings is perceived by the public and each one has the right to speak and say what they feel. Councilwoman Spiro responded to further question from Mr. Thorton about the need of another City policy and reiterated that the City has had an ethics policy since 1972 and Councilwoman Gallagher had said it needed to be updated. Ms. Spiro said she just wanted that to be pointed out since ethics do not change or become outdated. You either have them or you don't and it involves personal integrity. Hence, whether the City's document really needs to be updated is not the issue since the old date could be erased and the new date simply placed on the City's ethics policy document to make it current. C O N S E N T C A L E N D A R Mayor Reilly queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. City Manager Netter said Resolution No. 94 -66 should be removed from the Consent Calendar. Councilwoman Gallagher requested Resolution No. 94 -62 be pulled of the Consent Calendar for discussion. Council agreed to both requests. Rohnert Park City Council Minutes (5) April 12, 1994 Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No.94 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK PROCLAIMING APRIL 1994 "CALIFORNIA EARTHQUAKE PREPAREDNESS MDNI'I-I" No.94 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK IN SUPPORT OF DESIGNATING MAY 20,1994 AS "COUNTYWIDE DAY OF NON- VIOLENCE" No.94 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK OBSERVING MAY 1994 AS "OLDER AMERICANS MDNTH" AND EXPRESSING APPRECIATION OF OUR OLDER AMERICAN CITIZENS No.94 -56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING THANKS AND APPRECIATION TO THE ROHNERT PARK- COTATI FRIENDS OF THE LIBRARY No.94 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION AND CONGRATULATIONS TO JACK HART MADDAN III No.94 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION AND CONGRATULATIONS TO W. RAY FIELDS, JR. No. 94-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESS- ING APPRECIATION AND CONGRATULATIONS TO JENN GAMBLE No. 94-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION AND CONGRATULATIONS TO KRISTINA DENNETT No.94 -61 RESOLUTION DECLARING WEEDS GROWING UPON OR IN FRONT OF CERTAIN PROPERTIES WITHIN THE CITY OF ROHNERT PARK TO BE A PUBLIC NUISANCE, DIRECTING THE CITY MANAGER TO POST NOTICE THEREOF, AND DETERMINING HEARING DATES AS REQUIRED BY CHAPTER 8.08 OF THE ROHNERT PARK M NICIPAL CODE No. 94 -63 RESOLUTION CALLING FOR SEALED PROPOSALS FOR A, D, E AND S PARKS, RESURFACING OF COURTS, PROJECT NO. 1994 -2 No.94 -64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF JANE HARRIS (c /o MARGARET S. FLYNN, ESQ.) (re. Alleged injuries sustained from accident at Rohnert Park Expressway & Cormierce Blvd.) No.94 -65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF YIU MEI WONG (c /o Law Offices of Sussman & Ziskin) (Re. Alleged injuries from trip and fall in area adjacent to The Village project in the City of Cotati) Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, with the exception of Resolution Nos. 94 -62 and 94 -66, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes (6) April 12, 1994 Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND No. 94-62 AUTHORIZING THE CITY MWAGER TO EXECUTE CONTRACTS WITH THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT FOR FUNDING UNDER ASSEMBLY BILL 434 TRANSPORTATION FUND FOR CLEAN AIR IN THE BAY AREA City Manager Netter and Director of Public Works /City Engineer Brust responded to Council questions and further explained this resolution. Upon motion by Councilwoman Spiro, seconded by Councilman Hollings- worth, and unanimously approved, Resolution No. 94 -62 was adopted. Friends of the Library - Presentation of appreciation resolution Mayor Reilly acknowledged Friends of the Library representatives present at the Council meeting and commended their voluntary efforts. He shared contents of above - adopted Resolution No. 94 -56 expressing appreciation to Friends of the Library and presented the framed resolution to Chloe DeBrunner who accepted it on behalf of the representatives. Scheduled Public Appearances: 1. David Cohen, 6433 Sequoia St., regarding the City's 5 -year contract with Empire Waste Management conflicting with his desire to rent a dumpster from another company - Acknowledgment was made that Mr. Cohen was not present in the audience. 2. Benjamin Friedman., 7323 College View Drive, re. Interest on Security Deposits - Mr. Friedman shared contents of his letter dated March 28, 1994 pertaining to this item. He requested Council to consider mandatory requirements since his investigative inquiries have reflected that Resolution No. 93 -109 asking landlords to pay interest on security deposits has been ignored. City Manager Netter responded to the Mayor's inquiry asking if there is any way of knowing how many have complied with the request voluntarily, that a survey had not been initiated for that purpose, therefore, there was no way of knowing. He indicated that a mailing and distribution had been done. Sandra Shaw, 2519 MacMillan Street, Napa, CA 94558, acknowledged that she had supported Mr. Friedman.'s request at previous Council meetings when the above- mentioned resolution was discussed and passed. She said since the number of renters in this city_ probably exceeds owners, this issue is not a single person's problem. Nis. Shaw shared com-ents related to her daughter with children as a representative example of the concerns of renters pertaining to security deposits. She recommended calling the community together for input regarding mandatory requirements. Nis. Shaw said this can be handled by ordinance strictly addressing the interest on security deposits for renters. Beth Robertson, 4301 Hatteras, Director of Sonoma County Realtors Association, signified previous backing and cooperation of the Realtors Association regarding support of the City's resolution and efforts to encourage negotiations for interest on security deposits. She reviewed the complexities of rent control in this state, as well as the variety of real estate agents licensed by the Department of Real Estate including brokers, realtors, etc. The Sonoma County Realtors Association is a Rohnert Park City Council Minutes (7) April 12, 1994 voluntary group representing a large number of people and there are also other voluntary groups that provide a place for people to go with problems like code of ethics. Ms. Robertson said she just wanted to get that real clear as they cannot enforce but can only advocate to let people know that these are negotiable items. She clarified that this is not like enforcing rent control and further reviewed the complexities of the 5% per year requirement in Los Angeles involving a 27 page rent control document. Ms. Robertson said she had never heard from this City Council or the public comet mity of Rohnert Park that there is any desire for rent control in this community. She questioned the enforcement efforts that would be involved for such mandates, like involvement with small claims, etc. and pointed out that rent controls are usually pretty fair the first 3 to 4 years and then proceed to get out of hand. Ms. Robertson requested the Council to look at this very closely and consider what is the real issue, which is not interest on security deposits. Discussion ensued during which a motion was made by Councilwoman Gallagher, seconded by Mayor Reilly for discussion, to move toward stronger language in the City's policy for interest on security deposits. Varied opinions were expressed related to the complexities involved with speculations toward any kind of rent control or enforcement of same, withdrawal of the motion on the floor, and Council concurrence that further efforts should be made to make sure everyone is aware of the existing mechanism in the form of Resolution No. 93 -109 which supports negotiations for interest on security deposits. Mayor Reilly declared a recess of the regular City Council meeting at approximately 7:25 p.m. with the following Scout Nock Council meeting proceeding at approximately 7:30 p.m. # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # BOY & GIRL SCOUTS OF AMERICA - NDCK CITY COUNCIL MEETING Mayor Reilly welcomed the Boy and Girl Scouts. He advised that the Scouts had spent the full day with City staff for "Scouts in Government Day" and that the Scouts would proceed with the Mbck City Council Meeting at this tim . Scout Mayor Korie Klinger called order at approximately 7:30 p.m. introduction of Scouts present at agenda prepared for same. the Mock City Council Meeting to and requested a roll call for this meeting, as signified on the Present were Scout Vice Mayor Amy Sturdevant of Girl Scout Troop No.4 from Rancho Cotate High School (RCHS), Scout Councilmembers Mike Charcho of Boy Scout Troop No.431 from Rohnert Park Junior High (RPJH), Crystal Singletary of Girl Scout Troop No.5 from RPJH, Lela Martin of Girl Scout Troop No.191 from RCHS, and Scout Mayor Korie Klinger of Girl Scout Troop No.129, Scout City Manager Amy Barclift of Girl Scout Troop No.5 from RPJH, Scout City Attorney Tina Anderson of Girl Scout Troop No.5 from RPJH, Scout Planning Director Matt Quinn of Boy Scout Troop No.23 from RPJH, Scout Public Safety Director Brian Tietz of Boy Scout Troop No.431 from RPJH, Scout City Engineer Ryan Stevens of Boy Scout Troop No.101 from RCHS, and Scout Recreation Director Kris Morehead of Boy Scout Troop No.23 from RPJH. Rohnert Park City Council Minutes (8) April 12, 1994 Scout Mayor Korie Klinger initiated discussion regarding the items listed on the agenda resulting in Boy /Girl Scout motions and approvals of directives for 1) painting pedestrian bridges; 2) roller hockey courts; 3) sand volley ball; 4) enlarging Community Center game room. There being no further items, Scout Mayor Korie Klinger adjourned the Boy & Girl Scout Mock City Council meeting at approximately 7:45 p.m. Mayor Reilly suggested, with the exception of the roller hockey courts that might pose liability factors, that the Scouts might want to consider writing letters to the City Council regarding the above recommendations reviewed during the Mock City Council meeting. # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # RECONVENE Mayor Reilly reconvened the City Council meeting at approximately 7:45 p.m. with all Councilmembers present. Parks and Recreation Commission appointment: 1. Accepting resignation of Barbara Thunen - City Manager Netter referenced the letter of resignation dated March 18, 1994 from Barbara Thunen who has served for the past two (2) years and has given notification of moving to Santa Rosa as of March 31, 1994 Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, Barbara Thunen's resignation from the Parks and Recreation Commission was accepted. 2. Appointment to serve out Ms.Thunen's term which expires on December 31st,1994 (Councilwoman. Spiro's nomination) - Councilwoman Spiro referenced Fact Sheet application from Elizabeth Desmond, 4575 Heath Circle. She advised that Ms. Desmond was present earlier but had to leave to tend to family matters due to the delayed schedule of this agenda item. Upon motion by Councilwoman Spiro, seconded by Councilman Hollingsworth, and unanimously approved, Elizabeth Desmond was appointed to the Parks and Recreation Commission to serve out the above- referenced term to expire on December 31st, 1994. Nbbile Home Park matters: 1. Draft Resolution re. Amendments to Ordinance 494 - City Manager Netter referenced the City Attorney's memorandum dated March 30, 1994 with attached draft resolution pertaining to this item as reviewed in the Council Meeting memo. He said a letter from Geneva Trent dated April 8, 1994 was also provided to Council expressing further concerns related to this matter. Discussion concluded in Council concurrence to schedule and duly notice a Mobile Home Park meeting for all five mobile home parks to receive input from the residents on the proposed ballot measure for Ordinance No. 494 proposed amendments at 6:00 p.m., May 3rd, 1994 at the Community Center on Snyder Lane. Rohnert Park City Council Minutes (9) April 12, 1994 2. Wbile Home Park Purchase Program update - City Manager Netter referenced staff report provided to Council as reviewed in the Council Meeting Memo. Conywnications are proceeding with Sutro and Company to refine and derive at a conversion plan that will be satisfactory to both the residents and the City. Assistant City Manager Leivo is compiling the information to be presented to Council in the near future. Acceptance of "Certificate of Achievement for Excellence in Financial Reporting" from the Government Finance Officers Association for the City's Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 1993 - Presentation of The Award of Financial Reporting Achievement to Accountant /Auditor Sandy Cervone - City Manager Netter said repre- sentatives of the Finance Department were unable to stay for the delayed scheduling of this item and advised it would be deferred to the next Council meeting. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 94-66 RESCINDING RESOLUTION NO. 94 -50 (A RESOLUTION OF NECESSITY REGARDING CITY WATER TANK NO.1 /WELL SITE NO.4)(Burbank Housing /Tower Apartments) City Attorney Flitner explained the resolution for consideration. He reported that there was a technical error due to a wrong Assessor's Parcel number in Resolution No. 94 -50 which provided for the acquisition of fee title to certain real property as an access to City Water Tank No. 1/Well Site No. 4. The resolution listed on tonight's agenda rescinds Resolution No. 94 -50. This item is in reference to the title /easement issue and refinancing of the Burbank Housing Tower Apartments affordable housing project. City Attorney advised that he would prepare a replacement resolution for Council's consideration at the next Council meeting of April 26, 1994 and, like provisions at the preceding Council meeting, time would be scheduled on the agenda to receive public com[rents prior to adoption of the resolution. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, reading of Resolution No. 94 -66 was waived and said resolution was adopted. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE No. 584 ROHNERT PARK MJNICIPAL CODE, TO REZONE THE PROPERTY DESCRIBED IN THIS ORDINANCE FROM THE "A" (AGRICULTURAL DISTRICT) TO RM:2000 /PD (MJLTIPLE FAMILY/RESIDENTIAL /PLANNED UNIT DEVELOPMENT) DISTRICT (File No. 1629 - Burbank Housing) City Manager Netter acknowledged this ordinance was introduced at the previous Council meeting as reviewed in the Council Meeting Memo. Upon motion by Councilwoman Spiro, seconded by Councilman Hollings- worth, and unanimously approved, reading of Ordinance No. 584 was waived and said ordinance was adopted. Rohnert Park City Council Minutes (10) April 12, 1994 Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE No. 585 ROHNERT PARK M_VICIPAL CODE, TO REZONE THE PROPERTY DESCRIBED IN THIS ORDINANCE FROM THE CR:PD (REGIONAL COMMERCIAL PUD) DISTRICT TO RM:1500 PD (MILTIPLE FAIvULY/RESIDENTIAL /PLANNED UNIT DEVELOPMENT) DISTRICT (File No. 1585 - Codding Enterprises) City Manager Netter acknowledged-this ordinance was introduced at the previous Council meeting as reviewed in the Council Meeting Memo. Upon motion by Councilman Hollingsworth, seconded by Councilwoman. Gallagher with Vice Mayor Eck and Mayor Reilly dissenting for reasons as signified at the previous Council meeting of March 22nd, reading of Ordinance No. 585 was adopted. Resolution RESOLUTION AWARDING CONTRACT, BODWAY PARKWAY EXTENSION ASSESSMENT No.94 -67 DISTRICT, PROJECT NO. 1993 -5, CITY OF ROHNERT PARK City Manager Netter explained the resolution for consideration as reviewed in the Council Meeting Memo. He advised that Argonaut Construction was the lowest bidder of ten bidders in the original amount of $846,620.20. With reception of the first change order, this amount has been decreased to $814,003.95. Upon motion by Councilman Hollingsworth, seconded by Councilwoman. Spiro, and unanimously approved, reading of Resolution No. 94 -67 was waived and said resolution was adopted. Cable Television matters: 1. Live Televising of City Council meetings - Assistant City Manager Leivo referenced staff report dated March 28, 1994 and updated the Council on this item as reviewed in the Council Meeting Memo. As reported previously, by all indications according to MultiVision representatives, the return line should be completed within the next four to five months. 2. Current video taping of Council meetings & citizen availability of tapes - Assistant City Manager referenced staff report dated March 28, 1994 and reported on this item as reviewed in the Council Meeting Memo. He responded to Council questions that he has been maintaining the tape libraries and performing most of the functions of taping City Council meetings. Sometimes the urgency of other pressing priorities interferes with the overall timeliness of producing the tapes for regular VHS to be distributed to the Library and to have one available at City Hall for citizen viewing. However, the original tapes are shown on MzltiVision Cable TV at 1:00 p.m. the Wednesday afternoon following each City Council meeting and can be taped by any interested resident merely by taping it off their video recorders at home. No changes in procedures were initiated or directed to staff by Council. Rohnert Park City Council Minutes (11) April 12, 1994 Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No.94 -68 AUTHORIZING AND APPROVING AGREEMENT WITH Ca+ijNITY BOXING CENTER FOR DISBURSENENT OF SEED MDNEY ON BOXING PROGRAM (Herb Cody, Director) City Manager Netter explained the resolution for consideration as reviewed in the Council Meeting Memo. City Manager Netter and City Attorney Flitner responded to various Council questions pertaining to the most recent revisions of the -draft agreement provided to Council signified by bold print. During discussion, a motion was made by Councilwoman Spiro to change the last sentence under the heading "Program" on page 1 to serve the youth "residing" in the Cotati - Rohnert Park School District instead of "attending" a school in the Cotati- Rohnert Park School District. Said motion died for lack of a second. Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, authorizing staff to enter into the agreement with changes as signified and recomrended by City Attorney Flitner regarding the insurance and hold harmless clause, reading of Resolution No. 94 -68 was waived and said resolution was adopted. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING No.94 -69 LEASE AGREEMENT WITH NORTH BAY BREAKERS SOCCER TEAM FOR USE OF ROHNERT PARK STADIUM City Manager Netter explained the resolution as reviewed in the Council Meeting Memo and responded to Council questions. Upon motion by Councilman Eck, seconded by Mayor Reilly, with Councilwoman Gallagher dissenting because of the loan being a larger percentage than the previous terms involving a fifty /fifty partnership, reading of Resolution No.94 -69 was waived and said resolution was adopted. General Plan - Time Table: Assistant City Manager Leivo referenced his staff report dated March 31, 1994 regarding the anticipated time table, relevant factors and progress related to the General Plan Update (copy attached to original set of these minutes). He shared contents therein and responded to Council questions confirming that the final action of the Planning Comnission is expected toward the end of July 1994 enabling City Council review to begin in August with final deliberations in October 1994. A public hearing will be held by the City Council, as required by state law, prior to final approval of the General Plan. Council Committee reports: 1. Coordinated Cities /School District - Council Committee Members Gallagher and Spiro reported on this meeting held at 7:00 p.m. on March 24, 1994. It was a good meeting with citizen participation. Interest was signified in the proposed Youth /Teen Council and development proposals for the new library. Potential property taxes for schools and libraries were also mentioned to which City Manager Netter commented that confirmation was given that this was just a trial consideration which was backed off completely. School upgrading expenditures were also reported that were passed a couple of years ago related to the Rohnert Park City Council Minutes (12) April 12, 1991 development of the new school. Indiudtiuri wds yivua LhaL LYic bunding capacity has been reached related to how nuch can been spent within the time element. It was explained that complications in locating P.G.& E. lines affected the time line and created a set back. Discussion of services agreement and possibility of fee waivers from the City ensued and was a major issue because the committee is not in agreement on the item. Council Committee suggested this matter be placed on the next Council agenda for further review. Discussion followed during which Councilwoman Gallagher said the service fee waivers was something that still needed to be negotiated. The City has an obligation to charge private development but when dealing with public entities, the fees can be waived. Councilman Hollingsworth responded that the problem with it is that the school districts have taken over receiving all the development fees now distributed from state and federal funds and still want the city to waive development fees. He did not see any reason to waive the fees. City Manager Netter said it was the previous intention for the services agreement to be placed on this agenda but was not because the Committee had not come to agreement. He confirmed he would check with Walt Buster, School District Superintendent to see if they are ready for this item to be scheduled on the next Council agenda. 2. Ethics & Code of Conduct (Eck/Reilly) - This report was handled earlier during this Council meeting. 3. City of Cotati 2x2 meeting - Vice Mayor Eck confirmed that he and Mayor Reilly were Council Committee representatives for the referenced meeting which was held at 5:00 p.m. on March 24th, 1994. He said the proposed Amendment No. 3 for the Sewer Agreement was reviewed and confirmed the Council Committee recomnends proceeding with the agreement and the time table proposed in the document provided to Council for the next item scheduled on tonight's agenda. 4. Joint Meeting with SSU President & Cabinet - City Manager Netter said this meeting was held at 6:00 p.m. on April 5th, 1994 at Sonoma State University. Mayor Reilly confirmed that SSU administrators made a presentation of long term plans including housing development. He acknowledged that it was premature for this presentation at a regular Council meeting because agreement has not been concluded on the time table. Discussion ensued pertaining to SSU housing needs and efforts being made not to take a hard line approach, but SSU is putting out a lot of feelers to work with the City, especially related to the comparison of possibilities if the state were to purchase designated areas around the University through eminent domain whereby the City would no longer have any authority through its General Plan procedures, etc. City Manager Netter advised, for the record, that Council was provided with the referenced SSU Initial Market Testing report dated January 19, 1994 pertaining to faculty /staff housing, student affinity group housing, and retail and associated uses, as listed on Communications. He also advised that the Public Safety Department is pursuing the idea of a joint dispatch effort with SSU that would save the University some costs. Rohnert Park City Council Minutes (13) April 12, 1994 Sewer Agreement Amendment No. 3 - Cotati/Rohnert Park: City Manager Netter confirmed the extensive discussion of this above - reviewed item during the City of Cotati 2x2 meeting. Though the sub- committee recommends approval, with the up- coming joint meeting scheduled with Cotati on Monday, April 18, 1994, which will enable review by the full Council of both cities, therefore this item will be deferred to a future Council meeting following discussion at this joint meeting. This will also provide necessary time to approach Santa Rosa regarding same. Council concurred. Mayors' & Councilmembers' Association - Executive Meeting - Mayor Reilly advised that this meeting has been scheduled for 6:30 p.m., Thursday, April 14, 1994 which will include City Selection Committee recommendations for appointments listed on the Council agenda as follows: 1. Airport Land Use Commission - four (4) year term 2. Local Agency Formation Commission (LAFCO) - four (4) year terns 3. Hazardous Material Management Commission - unexpired term to May 31, 1996 4. Remote Access Network (RAN) Board - one (1) year term and must be filled by a mayor City Manager Netter confirmed that Pete Foppiano is interested in staying on LAFCO. Also, per letter dated April 8, 1994 from the City of Santa Rosa, Councilman and former Mayor Jim Pedgrift has declared his interest in being considered for this appointment. Council concurred to yield recommendations to Vice Mayor Eck (sitting in for Mayor Reilly) as representative for the full Council when he attends the above- referenced City Selection Committee meeting. Communications- Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1. Vice Mayor Eck referenced item No. 9 on communications from North Coast Railroad Authority (NCRA) and said the deadline for submitting the completed ballot for selection of a city representative to serve on the NCRA Board of Directors is April 15, 1994. He said this Authority directly impacts the Transportation Authority, read the names listed on the official ballot, and said he recommended Mark Kinsey as the referenced NCRA representative. Upon motion by Councilman Eck, seconded by Councilwoman Gallagher, signifying Mark Kinsey as Council's choice as a city representative to the NCRA Board of Directors and authorizing the Mayor to vote accordingly, was unanimously approved. 2. City Manager Netter pointed out item No. 20 on communications from Laguna de Santa Rosa Foundation regarding signified meetings planned for Coordinated Resource Management and Planning (CRMP). 3. City Manager Netter referenced item No. 30 from City of Modesto urging support of state law to allow imposing financial responsibility on both perpetrator and parents of minor children who commit acts of graffiti vandalism. Council concurred to place this item on the next Council agenda of April 26, 1994. Rohnert Park City Council Minutes (14) April 12, 1994 4. Councilwoman Gallagher referenced communication item No. 34 from Coalition for a Healthy California opposing Philip Norris initiative regarding "California Uniform Tobacco Control Act" and item No. 35 from National Smokers Alliance (NSA) seeking to promote accommodation between non - smokers and smokers. Discussion included acknowledgment that both of these efforts seek to undo progress toward public smoking restrictions. A motion was made by Councilwoman Gallagher, seconded by Councilman Eck, and unanimously approved, directing letters to be written expressing this Council's opposition to both the Philip Morris initiative and the efforts of the National Smokers Alliance to develop a national political campaign for the accommodation of smoker's rights. City Manager's report: 1. SumTery of endowment fund & campaign - City Manager Netter referenced staff report dated March 22, 1994 regarding a suer ary of The Friends of the Dorothy Rohnert Spreckels Performing Arts Center Inc. up to the present time. Mr. Netter emphasized that he wanted to make it very clear that the previously questioned endowment fund was never through The Friends of the Dorothy Rohnert Spreckels Performing Arts Center Inc. which was basically started for the purpose of an umbrella non- profit corporation for the three resident companies including Stage Company, Symphony and Ballet. Endowments have always been through the name of the City of Rohnert Park with total accountability as shown in monthly financial and cash reports. It is interesting to note this was developed to support the operation of the Dorothy Rohnert Spreckels Performing Arts Center and the statements mentioned herein show the isolated accounts whereby the records keep everything separated into the various operations and not into the General fund like the recent Press Democrat newspaper article reported. There is no misappropriation of funds which was the flavor of the newspaper article but, in fact, there is a total accountability of all funds in fine detail. There was a misunderstanding on The Friends of the Dorothy Rohnert Spreckels Performing Arts Center pertaining to follow up procedures to file with the Franchise Tax Board after the corporation was determined inactive and they are in the process of correcting that situation. Discussion followed. 2. Roberts vs. City of Rohnert Park (gravel roadway) - City Manager Netter advised that the initiators of this item were out of town this evening and requested it be deferred to the next Council meeting. 3. Fireworks Stand /4th of July - City NLanager Netter updated the Council on this item. He referenced letter from Beth Jeffcoat, Executive Director of the Chamber of Comrerce that was sent to the fourteen (14) signified service clubs asking land owners and business managers to consider allowing local non - profit groups the opportunity to lease specified portions of their lots for fireworks stands in order to benefit the entire comrunity by the revenues to local organizations. Discussion included expression of Council desire regarding the possibility of a story regarding this direction and request in the local newspaper. Rohnert Park City Council Minutes (15) April 12, 1994 4. Article 34 - Election - City Manager Netter referenced staff report dated April 14, 1994 pertaining to this item. Assistant City Manager Leivo shared contents therein explaining staff proposal of an amendment to the Draft Housing Element recommending an Article 34 election. Article 34 of the California Constitution states that any public body cannot develop, construct or acquire any "low rent housing project" without voter approval. The City must - act by August 12, 1994 to hold an Article 34 election in November. A motion was made by Councilman Eck, seconded by Councilwoman Gallagher, and unanimously approved, directing staff to formulate a plan for consideration on the next Council agenda regarding above - reviewed proposal for an Article 34 election. 5. Comnuzity Clean-Up - City Manager Netter advised the necessity of changing the Spring Clean-Up weekends to May 5,6 & 7 and May 13,14 & 14, 1994 in order to accommodate Sonoma County Public Works on March 30, 1994. He said staff would like to locate an asphalt area for this event and is looking for a parking lot on the west side with a possible consideration being the sewer pump station site. 6. Hallock vs. City of Rohnert Park - City Manager Netter advised that Redwood Eapire Minicipal Insurance Fund (REMQF) has tendered defense of this case to the City until the case is amended. City Attorney's report: 1. Sim vs. City of Rohnert Park - City Attorney Flitner updated Council on this case with indication that arguments should be heard by late May or early June which should enable a decision in the summer months of this year. Then, through Court of Appeals, both sides will have to decide responding directions. 2. Other cases - City Attorney Flitner updated Council on several cases reviewed at previous Council meetings. He referenced amicus support of the Hillsborough case approved by Council at the previous meeting and said argument has been instigated before the federal court moving to dismiss the case because of specified capital improvements and based on one case out on the docket. He said the other three cases previously referenced are in the briefing stage. As soon as the briefs are presented, court rulings should happen sometime this summer. Matters from/for Council: 1. Association of Bay Area Governments (ABAG) - Spring 1994 General Assembly, Westin St.Francis Hotel,San Francisco, 8:30a.m.to 2:00 p.m., Thursday, April 21, 1994 - Mayor Reilly confirmed this meeting. He responded to Council inquiry pertaining to the voting delegate that he would make a designation if he is unable to attend. Councilwoman Spiro acknowledged she would be attending and could be so designated. Rohnert Park City Council Minutes (16) April 12, 1994 2. Joint Meeting with City of Cotati - City Mar-Lager Netter advised this meeting was scheduled on Monday, April 18, 1994, 6:30 p.m. at the Redwood Cafe, 8240 Old Redwood Highway, Cotati. 3. Florida school suing government for costs of securing education for illegal aliens - Councilwoman--Spiro referenced comnanications she received pertaining to this matter. She recom ended sending a letter of support regarding same as this kind of circumstance could apply here. Discussion included concerns expressed by Councilman Eck that he was not certain he could concur and the item should at least be agendized, if considered further. He said the issue is mach more complicated to him than one or two statements in a letter could express. He also though there was a certain element of partisan implied in terms of the Governor. Councilman Eck further signified he could not support an issue as far removed as Florida. Other Council suggestions included nothing stopping individual Councilmembers from writing separate letters and /or the possibility of writing to the Florida Governor for additional information. 4. Mayor Reilly advised his intentions to prepare two proclamations as follows: (1) proclaiming Friday, April 28, 1994 as "TAKE OUR DAUGHTERS TO WORK DAY" in response to communication item No. 29 from Ms. Foundation for Women; and (2) proclaiming April 25 - May 1, 1994 as "LET'S STOP KIDS KILLING KIDS WEEK" in response to communication item No. 31 from U. S. Conference of Mayors. Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an Appearances appearance at this time. Hertzel Harrison, 4413 Hamlet Court, inquired about procedures for obtaining donation receipts for charitable services and /or contributions to the City for IRS recording purposes. City Manager Netter responded that the Finance Department would be able to provide receipts as requested. Katherine Collins, 828 Lilac Way, referenced the Chamber of Commerce letter on 4th of July Fireworks Stands and said she had already received three calls asking to use the parking lot at her business location. She thought the Chamber let the ball drop pertaining to clarity of direction in the letter but, fortunately, she knew what the letter was about. Ms. Collins also questioned the agreement with the North Bay Breakers Soccer Team reviewed during this meeting and said she did not remember any previous review of an agreement for the City to build a facility costing $160,000. Mayor Reilly responded this item was reviewed extensively as agenda items at a couple of meetings since the first of the year. Lastly, Ms. Collins asked about enforcement of the City's curfew. City Manager Netter responded that the City has a curfew on the books and asked if Council desired more extensive enforcement measures to be applied. Discussion concluded in Council agreement that all ordinances should be enforced, when able. Rohnert Park City Council Minutes (17) April 12, 1994 Mr. Kitchens, resident, expressed appreciation to Council for turning down the recent request from Mountain Shadows Golf Resort to increase resident rates. He asked if the golf course has to address the full Council whenever they want to make any changes in the lease. The Mayor acknowledged the necessity of addressing the Council for changes. W. Kitchens said he also thought the City's charge for making copies at 25 cents per copy is exorbitant. Discussion followed during which Council further reviewed options related to the North Bay Breakers Soccer Team agreement. Council concluded this item would be an agenda item in the future regarding the 5 year agreement and could be listed in such a way to provide time for public comments. Adjournment Mayor Reilly adjourned the meeting at approximately 9 :35 p.m. to 6:30 p.m., April 18, 1994 at the Redwood Cafe, 8240 Old Redwood Highway, Cotati, for a Joint Meeting with the City of Cotati. jh yor r TINTER -OFFTC E MEMO 1 TO: Joseph Netter, FROM: i'.arI F' . Lei vo, Assistant. City Manager City anager RE: General Plan Update DATE: March 31, 1994 The Planning Commission has begun to edit the Draft General Plan and preparing its recommendations for the City Council. As of March 24, the Planning Commission edited the Summary, Land Use Element, Circulation Element, Conservation Element, Noise Element, and Safety Element. The Commission scheduled consideration of the Housing Element and the Open Space Element on April 14, 1994. At a minimum, the Planning Commission probably will require two or three meetings to review the Housing and Open Space Element. Owen Byrd, Greenbelt Alliance, wants to make a presentation to the Planning Commission regarding preserving open space and urban growth boundaries. He proposes to make a presentation in April or May. Upon completing its editing review, staff will prepare a proposed Planning Commission Draft General Plan which includes the marked revisions identified by the Planning Commission. At an earlier City Council meeting, the Council directed that the Planning Commission's draft of the Housing Element should be submitted to the State Department of Housing and Community Development (HCD) for review. By law, HCD has 45 days to complete its review and make recommendations to the City for inclusion in the draft General Plan. The California Environmental Quality Act (CEQA) was revised in recent years. One revision specifies that a separate Environmental Impact Report (EIR) may not be required for a general plan (Section 15166 of the CEQA Guidelines). The general plan should address the points required to be in an EIR and it should contain a section identifying where it addresses the points. Once the Planning Commission completes it review of the elements but prior to the Commission's public hearing and final action, Paul Skanchy and I propose that City staff prepare the additional CEQA section. According to State law, the Planning Commission hearing and formally approve the Draft General P1i notice and holding a public hearing the Planning further revisions and approve the Final Draft Planning Commission may make further amendments recoxnunendations and the CEQA section. must hold a public in. After publishing Commission may make General Plan. The in response to HCD The Final Draft will be presented to the City Council. The Council may want to review and edit the elements which perhaps will take two months. There may be further amendments to the Housing Element in response to HCD recommendations. The Council may request additional Mayor's Report On Closed Session Held April 12, 1994 RE: Robert E. Dennett vs. City of Rohnert Park Worker's Compensation & P.E.R.S. Matter (Existing Litigation) Settlement negotiations are pending. Mr. Dennett's attorney has submitted a verbal offer. The City Council is prepared to accept the offer as soon as it is formally submitted in writing. As soon as the settlement becomes final, the City Council will disclose the fact of the approval and identify the substance of the agreement. Mayor James J. Reilly, Jr.