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1990/09/11 City Council MinutesRohnert Park City Council Minutes Septenber 11, 1990 The Council of the City of Rohnert Park met this date in regular session commncing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. CALL TO GRDF12 Mayor Hollingsworth called the regular session to order at approximately 8:20 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation matters, personnel matters and real estate negotiations and said there was nothing to report at this titre. ROLL CALL Present: (4) Councilmembers Cochran, Eck, Hopkins, and Mayor Hollingsworth Absent: (1) Counciltrember Spiro (on vacation in Russia) Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planning Director Skanchy, Director of Administrative Services /Assistant to the City Manager Netter, and Assistant to the City Manager Leivo. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Cochran, the minutes of August 8, 1990 and August 14, 1990 (4:00 p.m. and 7:00 p.m.) were unanimmusly approved. City Attorney Flitner responded to Council inquiry that the two -yes, two- abstain, and one - absent vote for the July 24, 1990, 4:00 p.m. minutes was sufficient for approval. Approval of Bills Upon motion by Councilman. Hopkins, seconded by Councilman Cochran, and unanimously approved, the bills presented per the attached list in the amount of $975,012.50 for August 28, 1990 and $754,635.36 for Septenber 11, 1990 were approved. Non- agendaed Mayor Hollingsworth queried if any Councilmrember had any Matters non - agendaed items to add to the agenda. Councilman Eck said he had one item to add under Matters from Council. Lhscheduled Public Mayor Hollingsworth stated that in compliance with Appearances State Law (The Brown Act), anyone in the audience who wished to snake a comment may do so at this time. Arthur E. Anderson Arthur E. Anderson, 240 Walnut, Valley Village INbbile Home Park, distributed copies to Council of statement reflecting that City Attorney Flitner explained to him that the law does recognize that one party can make a contract for the benefit of another which are called third party beneficiary contracts, and was used to create the "Green Book ". Rohnert Park City Council Minutes (2) September 11, 1990 W. Anderson said the total lack of benefits for the mobile home owners is conclusive and all five mobile home parks refused to be part of the "Green Book ". It appears now the "Green Book" never at any time was a legal contract and had consideration only for park owners. Jerry Kohler Jerry Kohler, 8201 Camino Colegio, said he was a business man in town and that about twenty people were in the audience to express concerns regarding "M" Park plans scheduled later on tonight's agenda. With the lateness of the hour, he asked if this item could be moved up earlier in tonight's meeting so these people could get home earlier. Dave del Dave Mochel, 4405 Hollingsworth Circle, referenced File No. 1345 - Hudis & Associates - (service station, mini mart and car wash) scheduled tonight under Planning and Zoning matters and requested Council to return this matter to the Planning Commission for further review. Harvey Bell Harvey Bell, 700 Lindsay Avenue, said he had four things to mention for Council consideration relating to tonight's agenda as follows: 1) W. Bell said a revision should be made in the ordinance for introduction regarding control of dogs and the containers carried for removal of dog excrement to specify the use of said containers to enable enforcement of the ordinance. 2) W. Bell asked if consideration could be given during cable TV franchise negotiations for the cable TV company to line up with phone company procedure to install service and let customer decide how many additional hookups desired rather than charge for every hookup. Council responded that this request had been discussed during cable TV negotiations without much success, that the City has no control over such matters regarding the cable TV company, and that a good time for the community to voice support will be at the upcoming public hearings. 3) W - - BA- - .-I- 1 Caleq hG c � 1--4- --4 t1-- : -3_- L- t -1 1� L,-La= _r lUCa VL a tennis center in the comnanity ^if it were out near the Expressway and Highway 101 where people could have good access, but not in a residential neighborhood such as proposed for "M" Park and supports the concerns to be expressed by "M" Park residents later tonight. 4) W. Bell referenced tonight's scheduled public appearance regarding Propositions 130 and 138 and said he felt it was an injustice to allow a group to present only one side of such an issue. He distributed copies to Council of his statement dated September 11, 1990 favoring Proposition 130 and recent Press Democrat articles dated September 2 and 7, 1990 and shared the contents therein (copy attached to original set of these minutes). Rohnert Park City Council Minutes (3) September 11, 1990 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's bbrrn. Councilman Eck requested a separate vote on Ordinance No. 526. Council concurred. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 90 -189 CALLING FOR SEALED PROPOSALS FOR THE CONTRACTURAL MAINTENANCE OF VARIOUS CITY TYPEWRITERS Resolution No. 90 -190 ACCEPTING GRANT DEED FROM OCEANIS FOR SPRECKELS PLACE SUBDIVISION, UNIT NO. 5 (for well site in vicinity of East Cotati Avenue & Maximillian Place) Resolution No. 90 -191 REJECTING THE CLAIM OF SORAYA SFAARINIA (c /o Joe H. Henderson, Esq. & M. Noel Coghlan, Esq.) Resolution No. 90 -192 REJECTING THE CLAIM OF KENTON CORNETT Resolution No. 90 -193 APPROVING CARRYOVER FROM FISCAL YEAR 1989 -90 TO FISCAL YEAR 1990 -91 THE UNEXPENDED TRANSPORTATION DEVELOPMENT ACT FUNDS ALLOCATED TO THE TRANSPORTATION PLANNING COUNCIL FOR PARATRANSIT COORDINATION STUDY Resolution No. 90 -194 APPROVING AN AGREEMENT FOR TRANSIT SERVICES EFFECTIVE JULY 1ST, 1990 Resolution No. 90 -195 APPROVING AND RATIFYING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND CITY ATTORNEY JOHN D. FLITNER FOR SERVICES TO BE PROVIDED TO CITY Resolution No. 90 -196 APPROVING AN AGREEMENT WITH THE ROHNERT PARK CHAMBER OF COM4ERCE (Re. City funding) Resolution No. 90 -197 APPROVING AN EXTENSION TO A LEASE AGREEMENT WITH KONOCTI GIRL SCOUT COUNCIL FOR USE OF THE SCOUT HUT UNTIL AUGUST 31ST, 1991 Rohnert Park City Council Minutes (4) September 11, 1990 Resolution No. 90 -198 APPROVING AGREEMENT WITH SONOMA COUNTY COMMJNITY DEVELOPMENT COMMISSION FOR USE OF FY 1989 -90 AND 1990 -91 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Resolution No. 90 -199 N- MiORIZING THE ACQUISITION OF A LANIER 24 HOUR RECORDING DEVICE FOR THE DEPARTMENT OF PUBLIC SAFETY Resolution No. 90 -200 APPROVING JOINT POWERS AGREEM M TO HIRE CONSULTANT(S) TO CONDUCT WASTE CHARACTERIZATION STUDY (as required by AB 939) Resolution No. 90 -201 AUTHORIZING THE NAMING OF THE MAIN STAGE THEATRE AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER THE NELLIE W. CODDING THEATRE" Resolution No. 90 -202 SUPPORTING THE AMENDMENT OF AB 2766 (SHER) TO PROVIDE FOR A REVENUE SHARING WITH CITIES AND COUN'T'IES Resolution No. 90 -203 ACCEPTING SUPPLEMENr TO PETITION MILLBRAE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 Resolution No. 90 -204 APPROVING AMENDED BOUNDARY MAP t4l=AE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 Resolution No. 90 -205 REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS - MCLLBRAE AVENUE ASSESSMENT, PROJECT NO. 1988 -1 Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, except for Ordinance No. 526, the Consent Calendar as outlined on the meeting's agenda was approved. Ordinance No. 526 INCREASING COMPENSATION OF MEMBERS OF THE ROHNERT PARK CITY COUNCIL (By 5% In Accordance With State Law) Leon notion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, Ordinance No. 526 was adopted. Scheduled Public Mbrry Simon requested the AAA Pedestrian Safety Citation Appearances: Award from the California State Automobile Association be AAA Pedestrian Safety - rescheduled on a later Council agenda when the plaque Citation Award is received. Rohnert Park City Council Minutes (5) September 11, 1990 Calif.'s for Sue Peterson, member of Californians for New Forestry New Forestry explained that Californians will decide between two key propositions to protect California's forests on the November ballot via Proposition 138 and 130. She referenced copies of correspondence provided to Council outlining the major factors of both propositions and said after studying the two initiatives in more detail, it was the hope of Californians for New Forestry that the City Council will take a position in favor of Proposition 138 and against Proposition 130. Resolution No. APPROVING A LAND LEASE AGREENENT WITH COTATI- ROHNERT PARK 90-206 UNIFIED SCHOOL DISTRICT (GOLDRIDGE ELMmARy SCHOOL SITE) Assistant to City Manager Netter explained the resolution. Discussion followed during which Planning Director Skanchy responded to Council inquiry that the area in question Was zoned RM 2000 PD for high density nulti- family dwellings. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 90 -206 was waived and said resolution Was adopted. Bingo Ordinance Sandy Nbttard of the Soroptomist Club, 7295 Adrian Drive, for Introduction requested to make comments prior to Council's consideration of the Bingo Ordinance for introduction. She said she had no objection to imposing the fee on bingo revenues exceeding receipts of $5,000 and would be glad if the Soroptomist's bingo receipts amounted to that much. She said the Soroptomist Club has been told by the City's Public Safety Department that it can no longer operate bingo because it is not in compliance with State law. She talked with City Attorney Flitner today in the hopes of finding a way to resolve the matter and asked Council for permission to continue operating bingo at the school facility until such time as the location details can be Worked out. Discussion followed during which Council confirmed it was not in a position to grant such permission since the bingo requirements are established by State law. Mayor Hollingsworth assigned Councilman Hopkins as a committee of one to work with staff and the Soroptomist Club to see if anything can be worked out in order for the Soroptomist Club to comply with the law for the bingo operations. Rohnert Park City Council Minutes (6) September 11, 1990 Ordinance No. 527 AMMING CHAPTER 9.66 OF THE ROHNERT PARK MJNICIPAL CODE TO PROVIDE FOR THE INPOSITION OF A ONE (1 %) PER CENT FEE FROM GROSS BINGO RECEIPTS AND TO INCREASE THE APPOICATION FEE TO FIFTY ($50) DOLLARS City Manager Callinan explained the ordinance for introduction. L.11?on motion by Councilman Cochran, seconded by Councilman Hopkins, and unanimously approved, Ordinance No. 527 was introduced. 'M' Park Residents' Mayor Hollingsworth said the "M" Park residents' concerns Concerns re.Proposed should be handled at this time as a courtesy to the Tennis Center residents due to the lateness of the hour. Ed Funcheon Ed Funcheon, 1441 Montana Place, referenced copies distributed to Council of letter dated September 11, 1990 from residents of the "M" section regarding disapproval of the proposed tennis center at the "M' Park and shared the contents therein (copy attached to original set of these minutes). He also submitted to Council petition signatures of approximately 230 residents of "M' Section not in favor of a large tennis complex in the neighborhood park. Jay Potter Jay Potter, 1452 Parkway Drive, said he is a concerned citizen regarding this matter and also on the Parks and Recreation Commission. W. Potter said there probably will be some traffic problems generated in the "M' Section but would not necessarily result from such a tennis complex and compared the traffic generated by weddings, softball /soccer games, etc. and said these types of activities generate more noise and commotion than tennis. He said the tennis complex would be an asset to the neighborhood and community and is a very good activity for youth. He thought most of the residents in "M" Section were not familiar with tennis activity. This is riot. a_ regional +c.,.,ic center t-...+ provision for the residents even though there would have to be some tournaments to help support the facility totaling to approximately twelve weekends per year put on by the Sonoma County Tennis Assoc. These tournaments might, at the most, bring in approximately 200 spectators which is comparable to attendance for same at Sonoma State Lhiversity in the past couple of years. W. Potter said the stadium (center court and bleachers) is probably what presents most of the reservations on the part of the residents, and said the stadium seating could be reduced. Such a complex would be a wonderful addition to the neighborhood since tennis is an excellent sport and safe activity. There could be a parking problem that needs to be Rohnert Park City Council Minutes (7) September 11, 1990 addressed. If any changes consideration should be given to from the west to the east side better vehicular access. would be recommended, moving the tennis courts since the west side has Dave bbchel Dave Nbchel, 4405 Hollingsworth Circle, said that clearly this tennis complex is not an appropriate use for a neighborhood park. During the General Plan process he said he practically pleaded for alternative ideas that would generate less traffic flow rather than the types of activities discussed tonight. The area west of the freeway would be the best place to put something like this tennis complex and kids would be able to find a way to get there. A few tennis courts in the "M" Park would be sufficient. Steve Weis Steve Weis, 1382 Marigold Place, said he has enjoyed all the parks in Rohnert Park. "M" Park would be the biggest park so far in the City, though compared to "G" Park which has all types of activities, the "M" Park is only one acre larger with many more activities proposed so there would not be too much actual open space. He agreed with W. Potter that tennis is a good activity for youth, but with the higher density of activity proposed for this park, maybe everything should be scaled down. It is hard to walk from house to house to obtain each person's opinion, however the number of signatures on the petition does signify the opposition to the proposal and it does seem to go against the real purpose of a neighborhood park. Mr. Weis expressed concern for the safety of children in the neighborhood and said there would be problems with so much density of activities. As a tax payer, with such a complex that will cost the City approximately one million dollars, he quoted a recent Press Democrat article and asked why not do it right and have such a complex pay for itself. The idea of teaching youth to play tennis is great, such a complex would be good for the City as a whole as well as for "M" Section residents, but it should not be in "M" Park. Discussion followed during which acknowledgment was made regarding necessary dialogue now taking place between the Parks and Recreation Commission and the residents, the neighborhood park concept, traffic flows in the area and other possibilities of siting the tennis complex. A motion was made by Mayor Hollingsworth, seconded by Councilman Eck, and unanimously approved, to direct the "W Park matter back to the Parks and Recreation Commission for further consideration with public hearings and refer back to Council with recommendations. Rohnert Park City Council Minutes (8) September 11, 1990 RES Mayor Hollingsworth declared a recess at approximately 9:25 p.m. PBC NVENE %yor Hollingsworth reconvened the meeting at approximately 9:33 p.m. with all Councilmembers present except Councilmember Spiro. Concessionaire for Assistant to City Manager Netter explained that Performing Arts advertisements for bids for a concessionaire for 'meter the Performing Arts Center resulted in no responses. He said the resolution for consideration regarding this matter should therefore be removed from tonight's agenda and recommended Council to authorize staff to negotiate with a private concessionaire contractor for the upcoming activities at the Performing Arts Center. A motion was made by Councilman Hopkins, seconded by Coundilman Eck, and unanimously approved, to authorize staff to negotiate with a private concessionaire contractor for the upcoming events at the Performing Arts Center. Control of Dogs Councilman Hopkins referenced copies provided to Council of ordinance for introduction regarding the control of dogs that would require owners to remove dog excrement from property upon which it was deposited and said consideration should be given to an amendment that would include the same responsibility to cat owners. He observed similar requirements established in Germany when he visited there three years ago. Discussion followed during which City Attorney Flitner responded to previous recommendation during Unscheduled Public Appearances to "carry and use" containers to remove dog excrement and said the language of the ordinance was modeled after the San Francisco's ordinance with clarity in the context, but the word "use" could be included, if Counci I So cif?Gi rpri Dn��i �,I 0 ,. I ; a. - ---- -- .....,.,�........ UUIIVi L%.CLL.tVLLzI VVCre t=APLeZj�eC1 regarding the enforcement of such an ordinance with consideration given to make such a procedure a recommendation of the Council and not a law. A motion was made by Councilman. Hopkins, seconded by Mayor Hollingsworth, to introduce Ordinance No. 528 and failed by the following vote: AYES: (2) Councilman Hopkins and Ngyor Hollingsworth NOES: (2) Councilman. Eck and Cochran ABSENT: (1) Councilmember Spiro Rohnert Park City Council Minutes (9) September 11, 1990 Planning & Zoning: File No. 1443 Planning Director Skanchy referenced plans on display and explained that copies had been provided to Council of staff report regarding File No. 1443 - Park Plaza Shopping Center - Review of architectural plans for remodel of the Park Plaza Shopping Center located at 6314 Com erce Blvd. (the Safeway Shopping Center). As per Council policy, he said this item was brought before the Council for review of said project due to being on the U. S. Highway 101 Corridor, that the file was approved by the Planning Commission at its meeting of August 23rd, 1990, and the remodeling includes refurbishing, painting the buildings, resurfacing and landscaping the parking lot and a new sign program. Peter I&-iers Peter Meiers, 1050 Northgate Drive, San Rafael, Ca., applicant of File No. 1443, responded to questions from Council regarding details of plans for the Park Plaza Shopping Center. He said he was open to suggestions regarding signage and landscaping of the shopping center's entrance corner which Council pointed out as one of the most active corners in town. Discussion followed during which concerns were expressed regarding the type of trees similar to those in front of Safeway which present a problem from bird droppings, Planning Commission's approval of the slate green color for the roof as well as wooden signs under the canopy area and low profile signs. Council expressed openness to the idea of the new roof color to give the 1990 look as recommended by the architect for the Park Plaza Shopping Center. Comment was made that the former TGY store is anticipated to become a Longs Drug Store. Confirmation was given that the vehicle inlets would be cut down so vehicles would not drag bottom. W. Meiers agreed with Council's recommendation to relocate the recycling containers from the south end of the parking area which causes problems for a main traffic artery to alongside the south end of the proposed Longs Drug Store building. A motion was made by Councilman Cochran, seconded by Councilman Hopkins, and unanimously approved, to approve the architectural plans for remodel of File No. 1443 - Park Plaza Shopping Center as approved by the Planning Comnission with instructions for applicant to work with staff to find trees appropriate for the area. The applicant also agreed to work with City staff on an attractive sign for the triangular corner at Commerce Blvd. and the Expressway (Joint use with City). Rohnert Park City Council Minutes (10) September 11, 1990 File No. 1345 Planning Director Skanchy referenced plans on display and explained that copies had been provided to Council of staff report regarding File No. 1345 - Hudis & Associates application for site plan and arcitectural review of the proposed development of a service station with a mini mart and a car wash to be located on the west side of Redwood Drive opposite the Goodnight Inn. He said this project was originally submitted last year and approved by the Planning Commission prior to the Sierra Club lawsuit, and was deferred until after the adoption of the General Plan and its environmental documents. He said the plans previously included a Super Eight Nbtel which has been removed from the application at this time and will be resubmitted for consideration later. The Planning Comnission approved this application based on the plans submitted. Dave Nbchel Dave Nbchel, 4405 Hollingsworth Circle, said it was this File No. 1345 he was requesting earlier in tonight's meeting to be sent back to the Planning Commission for further review because of the various changes and traffic circumstances. Discussion followed during which it was confirmed that use permits are required for any off -sale beer and wine. City Attorney Flitner responded to Council inquiry in regard to making an end to such use permits and make a City ordinance for off -sale beer and wine, and said this has been looked at previously but it presents a conflict with the established ABC laws. City Manager Callinan confirmed that all the EPA requirements have been met and that County and City Health Departments routinely do inspections on installation of underground fuel tanks. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, to approve the application of File No. 1345 - Hudis & Associates as approved by Planning Commission. Fi 1 A W1 9 QiQ M­_. ' t-I ..V_ r ONCULULly SEL10 a publ is hearing has been scheduled at this time regarding File No. 1439 - Taco Bell Corporation for site plan and architectural review of a 1,989 sq. ft. Taco Bell restaurant with drive - through window to be located at 5020 Redwood Drive on the east side of Redwood Drive, approximately 400 feet north of Wilfred Avenue. He said this project was approved by the Planning Commission as presented tonight to Council. Discussion followed during which Planning Director responded to Council inquiry that the number of approximately thirty - six (36) parking spaces is only 2 spaces over the amount of parking spaces required. Rohnert Park City Council Minutes (11) September 11, 1990 Public Hearing Mayor Hollingsworth opened the public hearing at approximately 10:15 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. Dave Mxhel Dave Mochel, 4405 Hollingsworth Circle, questioned the number of Taco Bell's needed in one town, but said, however, that he would try to confine his comments to the architectural design and expressed dissapproval of the tower since he felt it was out of proportion to the needs of the area. He said he was concerned about the location of the site plan because of traffic problems since northbound traffic will have to go through three intersections and the recent EIR stated that the intersection of the Taco Bell site plan will be one of the worst in the City. Mr. INbchel asked if Council would talk to the owners of this site regarding a more appropriate location and a more architecturally pleasing design. Ed Owen Ed Owen, Area Construction Manager for Taco Bell Corp., reviewed efforts of the company to present plans that would benefit the City. He said Taco Bell would draw people that are already in the neighborhood and would not be the cause of increasing traffic. The design is one that blends in with the rest of the area and enhances the location. The company invests a tremendous amount of money for workable solutions to the choices of its locations. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 10:22 p.m. A motion was made by Councilman Cochran, seconded by Councilman Hopkins, to approve the application of File No. 1439 - Taco Bell Corporation - as approved by Planning Commission and approved by the following vote: AYES: (3) Councilman Cochran, Hopkins and Mayor Hollingsworth NOES: (1) Councilman Eck ABSENT: (1) Councilmember Spiro File No. 1378 Planning Director Skanchy referenced plans on display regarding File No. 1378 - Landscape Plans for the new Public Safety Facility to be located on City Hall Drive. He introduced Architect Matthew Mills and Landscape Architect Edward D. Stone, Jr. who reviewed said landscaping plans and responded to Council questions regarding same. Discussion followed during which Council complimented the architects on a beautiful job and confirmed the efforts should be a show case for the City to enjoy. Rohnert Park City Council Minutes (12) September 11, 1990 A motion was made by Councilman Eck, seconded by Councilman Cochran, and unanimously approved, to approve File No. 1378 - Landscape Plans for the new Public Safety Facility as submitted. Commerce B1vd.Trees Planning Director Skanchy referenced plans on display for the Commerce Blvd. trees and explained the color -coded descriptions for visual clarity of said plans. Councilman Eck referenced copies provided to Council of printed conclusions from the North Commerce Blvd. Merchants and Property Owners (copy of which is attached to original set of these minutes) and updated the Council on progress made with property owner, Howard Boggs, regarding the tree planting on Commrce Blvd. He said the plan was basically agreed upon with the property owners with the exception of consideration regarding only six trees in which Councilman Eck said he did not agree with the removal of clumps 1, 3 & 4 as he thought said clumps could be retained if properly pruned for adequate visibility. It was agreed by all concerned to wait until the dormant season for the trees to be moved to ensure no damage to the trees. He confirmed this would be sometime between November and January. Howard Boggs, 5430 Commerce Blvd., said the property owners were not against the trees but the scale on such plans tends to get bigger and bigger in reality. He shared contents of above- referenced conclusions of the property owners regarding the Commerce Blvd. landscape plan and said the property owners did not feel that pruning up clumps 1, 3 & 4 would provide adequate vision. Discussion followed during which it was confirmed that the landscaping plan submitted did not remove any redwoods. A motion was made by Council Cochran, seconded by Councilman Eck, and unanimously approved, to retain clusters #1, #4 ?YYd #6 to romp. ..� cluster u' i - v e c L us a m,' , and to nave the other two clusters #2 & #5 to the south behind the existing Redwood trees. Pine Creek Properties- Assistant to City Manager Netter explained that copies had been provided to Council of letter dated August 20, 1990 from Kenneth C. Martin of Pine Creek Properties requesting deferred payment plan for a portion of building permit and related fees for the Enterprise Manor Project, a 230 senior citizens apartment complex on Enterprise Drive. Copies were also provided to Council of resolution for consideration regarding this request. Rohnert Park City Council Minutes (13) September 11, 1990 Discussion followed during which it was confirmed that W. Martin was in the process of obtaining possible bond funding. Council expressed concerns in regard to making sure the money was secured if such a deferred payment plan was approved for Pine Creek Properties. Resolution No. AUTHORIZING A DEFERRED PAYN= PLAN FOR A PORTION OF THE 90-207 BUILDING PERNET RELATED FEES FOR ENTERPRISE M*NOR PROJECT Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and uanimously approved, the reading of Resolution No. 90 -207 was waived and said resolution was adopted with the stipulation that the deferred payment plan be secured by a deed of trust on the site. So.Co.Visitors & City Manager Callinan recommended to table the agenda item Convention Bureau regarding the letter of request from Sonoma County Visitors and Convention Bureau to meet with Council to discuss how the Bureau can better serve Rohnert Park and City funding for 1990 -91, since the Bureau is still in the process of working out details. Cable TV Francdzise Assistant to City Manager Netter explained that the Council Committee of Councilman Eck and Councilman Hopkins have been meeting with staff, Consultant Carl Pilnick, and representatives from M. L. Nadia in the cable TV franchise renewal process. He said a public hearing needed to be set regarding this matter and that in the interim, copies had been provided to Council of resolution for consideration to approve an extension of a Letter Agreement with M. L. Nadia Cable TV to November 30, 1990. Councilman Eck reviewed some of the options being considered during the franchise negotiations such as a short term agreement for maybe three years or up to a fifteen year long term agreement. He suggested the possibility of circulating two drafts for consideration of alternative terms regarding this matter. Discussion followed during which the disapproval of any kind of long term agreement was expressed. Confirmation was given that a public hearing should be held before the November 30th expiration date of the Extension of a Letter Agreement. Council concurred to set a public hearing for the cable TV matter on October 9th, 1990. Resolution No. APPROVING AN EXTENSION OF A LETTER AGREEMrIE WITH M L 90-208 MEDIA CABLE TV (approves extension to November 30, 1990) Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 90 -208 was waived and said resolution was adopted. 1 Rohnert Park City Council Minutes (14) September 11, 1990 Ruby Austin trial Assistant to City Manager Netter referenced copies provided to Council of rnsmo dated August 21, 1990 from Director of Recreation Pekkain regarding Parks and Recreation Commission matters from its meeting of August 20, 1990 and shared the contents therein of the first item regarding the request by the Rohnert Park Low Key Women's Softball league for a memorial plaque to recognize its former league President, Ruby Austin at Sunrise Park. The Parks and Recreation Commission approved the installation of an aggregate bench with a bronze plaque to be located in an appropriate location in Sunrise Park and recommends City Council's authorization for same. In addition, the Commission requested Council's input in regard to naming the softball field after an individual such as Ruby Austin. (The second item of this memo regarding "M' Park residents' concerns was handled earlier in tonight's meeting.) Discussion followed during which Council concurred to reserve making a decision regarding naming softball fields after individuals. A motion was made by Councilman Eck, seconded by Councilman Cochran, and unanimously approved the installation of an aggregate bench with Ruby Austin memorial plaque for placement in Sunrise Park as approved by the Parks and Recreation Commission. Councilman Hopkins Councilman Hopkins left the Council Chamber at approximately Leaves 10:58 p.m. Extend Council Mg. Mayor Hollingsworth advised the necessity of a four /fifths vote of Councilmembers present to extend the meeting beyond 11:00 P.M. A motion rotas made by Councilman Eck, seconded by Councilman Cochran, and unanimously approved, to extend the Council meeting beyond 11:00 p.m. "�etiw Cmtlmmyl YvEavnr unl 1 ; . LL _-- - -Vtf�V W.L I.LL coirtitiued the meeting at approximately 11:00 p.m. with all Councilmembers present except Councilman Hopkins and Councilmember Spiro. P.G.& E. Rule 20A Assistant to City Manager Netter referenced tonight's City Council memo for review of letter dated August 9, 1990 received from Pacific Gas and Electric Company summarizing Rohnert Park's allocation for 1990 of the Rule 20A Electric Underground Conversion Program (copies provided to Council prior to the meeting). Cbmnumications CoMmications 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) September 11, 1990 City Nhnager's Report: Sime Lawsuit Assistant to City Manager Netter informed the Council that the City has received a lawsuit from Las Casitas de Sonoma Mobile Home Park challenging a Net Operating Income (NOI) hearing on rental increases in that mobile home park. W. Netter said the lawsuit has been turned over to the City Attorney for handling. Golis Park Assistant to City Manager Netter said replacing the tennis /handball practice wall at Golis Park with a cement wall would be very expensive in the range of $20,000. It was estimated that to install a tennis court to replace the wall would cost approximately $15,000, therefore either of these options would be expensive. Discussion followed. A motion was made by Councilman Eck, seconded by Councilman Cochran, and unanimously approved, to remove the wooden tennis /handball practice wall at Golis Park because of excessive noise. Adda1 Golf Courses City Manager Callinan said staff is continuing to work on possibilities for additional golf course(s). Williamson Property City Manager Callinan said staff is interested in the possibility of acquiring the Williamson property north of the city limits between the freeway and railroad that the use would be for open space if the price is right. Mr. Netter pointed out the parcel on the arial map to Council. City Manager Callinan said Council might want to consider this possibility in closed session. Utilities Financial Assistant to City Manager Netter referenced copies provided Fiscal Yr. Report to Council of the City's Utilities Financial Operation 1989 -90 Reports for fiscal year 1989 -90 and shared the contents therein. Appreciation Affairs Assistant to City Manager Netter said dates have tentatively been set for the City employees' appreciation affair at the Red Lion Inn on January 11, 1991, and for the Commissioners' appreciation affair at Mountain Shadows Resort on January 18, 1990. Discussion followed during which the preference was considered by Council for one affair for employees and Commissioners though the number of people now involved makes it difficult to combine the two. Confirmation was given that there is ample time for Council to change its decision regarding this matter. Rohnert Park City Council Minutes (16) September 11, 1990 City Picnic Assistant to City Manager Netter said the City Picnic will be at "A" Park on September 16, 1990 from 11:00 a.m. until dark. Residential Tree Assistant to City Manager Netter said the residential tree Planting planting program was such a success that it might be appropriate for Council to consider allotting another $10,000 from the specified funds available to provide =re free trees to residents and to include some advertising regarding the program. Prelim.Federal City Nanager Callinan referenced copies provided to Council Census Population of report dated August 24, 1990 from U.S. Department of Commerce /Bureau of the Census regarding the preliminary Federal Census population and shared the contents therein from copies of recap also provided to Council of Sonoma County Population Changes 1980 -1990 Per Federal Prelim Census Results (copy attached to original set of these minutes). Perf.Arts Center City Manager Callinan said efforts are being made toward the 501C -3 Non-profit Performing Arts Center 501C -3 non- profit corporation status Corp. by the City Attorney, staff and other members of the community such as Art Condiotti and Jimmie Rogers. Extend Bid Date City Manager Callinan requested Council to give for "R" Park & authorization to extend the bid date for "R" Park Roberts Lake Park improvements and Roberts Lake Park from the September 17th to the 24th since bids are still coming in and more time is needed to bid the project. A motion was made by Councilman Eck, seconded by Councilman Cochran, and unanimously approved, to declare the extension of the bid date for the "R" Park improvements and Roberts Lake Park an emergency item due to the need for more time to properly bid the project. A motion was made by Councilman Eck, seconded by Council Cochran _A _ i _ -"� --r �-• r �L u:.aiiiti6JUZ;J y ciwZ owed to authorize the extension of the bid date for the "R" Park improvements and Roberts Lake Park from September 17, 1990 to September. 24, 1990. Property Tax City Manager Callinan referenced a letter to the County Adadn. Fee & Board of Supervisors in regard to charging cities for Booking Fees property tax administration and a fee for booking or processing of persons arrested by City employees. He indicated that the State has authorized Counties to inplement said fees by permissive legislation, if so desired. Sonoma County is discussing the charging of these fees to Cities. City Manager Callinan urged the discussion of long term revenue sharing to which Mayor Hollingsworth responded that this matter should be addressed at the next Mayors' and Councilmembers' meeting. Rohnert Park City Council Minutes (17) September 11, 1990 City Attorney's Report: City Attorney Flitner said he had nothing further to report at this time as all items of concern had been reported under other matters during tonight's meeting. Matters from Council: Assistant to City Manager Netter said that Petaluma Mayor ABAG Appointment Patricia Hilligoss had informed him that the Petaluma City Council recommended the appointment of Lynn Woolsey as a City Council representative from Sonoma County for the ABAG - Committee for Bay Area Hazardous Waste Management Facility Allocation. Council concurred. Jt.Mtg.w /Cotati Assistant to City Manager Netter said the joint meeting with the Cotati City Council is scheduled for September 18, 1990 at 6:30 p.m. at the Red Lion Inn (Redwood Room). Staff inquired from Council if any agenda items for this meeting. Councilman Cochran requested the Homeless Project as outlined by Ralph Jones and recommended a discussion regarding this matter as well as the rental deposit assistance program. Founders Day Parade Assistant to City Manager Netter said there is a possibility that the Rohnert Park Founders Days Parade scheduled for September 22, 1990 will be cancelled. Discussion followed during which comments were made regarding the possibility of the Chamber of Commerce stepping in to assist with Founders Days activities and consideration to combine with the festival. Assistant to the City Manager Leivo said he could provide Council with a schedule regarding this matter after the meeting tonight, if interested, and said he would be willing to attend the greetings, if Council so desired. Council concurred. Housing Work Session Assistant to City Manager Netter said a work session for housing has been scheduled with Janie Walsh, Executive Director of Sonoma County Community Development Commission on October the 9th, 1990 at 5:30 p.m. He referenced copies of memo provided to Council of meeting held on September 6, 1990 with Councilmember Cochran and Eck as Council Committee on Housing, himself and concerned citizen Dawna Gallagher. He shared the contents of the memo and confirmed this could be used as a forum on selection of a committee or a housing task force. The Council Committee for Housing recommends meeting on October 9, 1990 prior to the regular Council meeting for a workshop to include the public. Council concurred to set the time for this greeting at 4:30 p.m. Natl League of Cities Mayor Hollingsworth said the National League of Cities 1990 Congress of Cities and Exposition would be in Houston, Texas from December 1 -5, 1990 and if any Councilmember was interested in going, the appointment would be made of sane as voting delegate. Rohnert Park City Council Minutes (18) September 11, 1990 World Summit of Councilman Cochran referenced a sample of a proclamation for Quldren World Summit of Children on September 29 -30, 1990, to be held at the United Nations that he received today. Leading up to the Summit, on September 23rd, more than thirty countries around the globe will hold Candlelight Vigils to draw attention to children's needs, and in the essence of the time factor, would like to declare an emergency item so a proclamation could be prepared in time to be read at the upcoming Candlelight Vigil to be held at the Red Lion Inn on September 23rd, 1990. A motion was made by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, to declare the World Summit of Children matter an emergency item to enable approval of a proclamation in time for the Red Lion event. A motion was made by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, to prepare a proclamation for World Summit of Children to be read at the Red Lion event. Channel 22 Councilman Eck said Channel 22 is interested in approaching the Council to request a waiver of rent for a few months in order to meet some loan requirements that would amount to approximately $6,000 and recommended meeting with staff to work out details prior to presenting said request to Council for consideration. Lhscheduled Public Mayor Hollingsworth asked if anyone in the audience wished Appearances to make an appearance at this time. No one responded. Linda Branscomb, 21 Anne, asked if the Housing work session with Janie Walsh was open to the public to which City Manager Callinan responded that it was and confirmed there would be public hearings regarding this matter sometime thereafter. Councilman Eck said he hoped the work session would make it possible to move ahead on the formation of a housing task force. Citv NhnAm r f a 1 1 i n =v, 4 t-- ---- -� -�- su1u � ju5t received notice during tonight's meeting that Judd Snyder of the Clarion would no longer be covering the Council meetings and that David Allen would be taking his place. Adjmm mtent Mayor Hollingsworth adjourned the meeting at approximately 11:21 p.m. to the joint meeting with Cotati City Council on September 18, 1990 at 6:30 p.m. at the Red Lion Inn (Redwood Room). Cf 4,- Mayor An. Opcs�rx Utter -to t:kxee Park City Max ri.ager and Comma m s 1.orxe3rs September 11, 1990 nC>1zrie•rt City We the 220 plus residents of the "M" section have signed this petition to advise you as our elected officials that we do not want a tennis complex for use by all of Sonoma County in our neighborhood park. We feel the increased traffic and parking problems associated with a tennis complex of this size will jeopardize the safety of our children. Parks and Recreation states that they will have only 1 major tournament a year. What happens to traffic and parking if the tennis complex is leased out like the golf course? Certainly a private company running this tennis complex would have more than one major tournament per year! We are not against a tennis complex for Rohnert Park; we just believe it should not be in a neighborhood park. We are in complete agreement with the Director of Recreation, James Pekkain, that a tennis complex should not be placed in a residential area. We want a neighborhood park the same as every other section of Rohnert Park, nothing more, nothing less. Costs: who is really going to pay for this new tennis complex? Jay Potter_ states that this complex will be self - supporting by selling a chunk of city land! That is not self- supporting. There is no way that this 'tennis complex will be ever close to being self- supporting with only 1 major tennis tournament held there each year. And who will truly run this complex? If the city chooses to run it, does it have the experience and qualifications to do so? If we lease it out (like the golf course) then realistically, we will see more tournaments, not less! With only a few volunteers, we were able to reach approximately 1/4 of the residents in the M section. Yet we received 220 plus votes against this tennis complex and only 9 votes in favor of the complex. This does not include those families most affected by the tennis complex, since these approximately 200 homes are still under construction are the closest to the new park. As your constituents, we are relying on you to permanently withdraw all plans of putting a tennis complex in our neighborhood park. 9 September 11, 1990 aW To: Rohnert Park City Council po From Harvey Bell RE: Propositions 130 and 138 I request that you do not make any commitment or take any action that favors Proposition 138. I feel it is an injustice that the bogus group "Californians for New Forestry" be allowed to present their biased side of this argument without the opposing, and more responsible, view from those favoring Proposition 130. Prop 130: Forests Forever Supported by everyone who cares about the long range health of our environment. Provides for: - $710 Million to purchase & preserve old growth forests - $32 Million to retrain displaced workers - Revises forestry policy in ways that agree with the opinions of the new Director of the Board of Forestry: - Trees cannot be cut faster than they are replaced - Protects trees near streams - Bans some clearcutting - Mandates for sustained yield (necessary for the long run) Prop 138: Global Warming Act A farce put forward by the timber industry who historically has cut three times what is regrown. Their mostly self serving plan: - Allows harvesting up to 500,000 acres - Goes against Proposition 128 "The Environmental Protection Act of 1990" - Exempts timber harvests from California Environmental Quality Act (CEQA) standards - Bans clearcutting of old growth timber, BUT the loophole the timber giants built in is their fuzzy definition of clearcutting. Their plan lets them leave only one lonely tree or a few scraggly or young trees in any large area, while cutting down all the old growth trees. - is uncertain about sustained yield - Provides $300 Million for reforestation (we will pay for the replanting that they should have been doing all along) - Prohibits the state from protecting vital old growth redwoods through eminent domain purchase. SUPPORT 130: FORESTS FOREVER and DISMISS 138: GLOBAL WARMING ACT as the misleading bum - big- business farce that it is. Harvey Bell, Roluicrt I'arl, Resident SUNDAY, SEPTEMBER 2, 1990 Proposition 130 "Forests Forever" Official Name: Forest and Wildlife Protection and Bond Act of 1990 Supporters: Sierra Club Environmental Protection Information Center, Natural Resources Defense Council, Planning and Conservation League, Native Plant Society 12 Provides $710 million in bond money to purchase the most significant remaining old- growth forests and is not limited to redwoods. A top priority is purchase from Pacific Lumber Co. of the so- called 3,000- acre Headwaters Forest in Humboldt County. Allows the state to use power of eminent domain if owners refuse to sell. N Mandates a forestry policy in which trees cannot be cut faster than they are being replaced. Limits logging near streams. 13 Sets maximum harvest at 60 percent of any tree species. 01 Imposes a one -year moratorium on logging in old - growth forests while state decides whether to acquire timberland. is Bans clear- cutting in some areas up to five acres. Defines clear- cutting as removal of more than 70 percent of standing timber. 11 Restructures the California Board of Forestry to provide more representation from environmental groups. ® Provides $32 million to retrain workers who lose jobs because of logging restrictions. Proposition 138 "Global Warming Act" Official Name: Global Warming and Clear - Cutting Reduction, Wildlife Protection and Reforestation Act of 1990 Supporters: Timber Association of California, Californians for New Forestry ® Would void Forests Forever provisions and eliminate forestry provisions of Big Green if it receives more votes. Bans clear- cutting of old - growth timber. MAllows lifetime timber manage- ment plans rather than requiring the state to approve individual tracts for timber cutting. 0 Provides $300 million in bonds for public and private forest rehabilitation projects. NAuthorizes the state to acquire 1,600 acres of old- growth timberland and expands the state park system. Prohibits state purchase through eminent domain process. IS Mandates timberland and wildlife resources studies. Proposition 128 "Big Green„ Official Name: Environmental Protection Act of 1990 Supporters: State Attorney General John Van de Kamp, Assemblyman Tom Hayden is Establishes a $200 million fund to buy stands of virgin redwoods threatened by logging. Allows the state to use the power of eminent domain if owners refuse to sell. 0 Bans clear- cutting of old - growth redwoods and imposes a one -year moratorium on clear- cutting of virgin redwoods. N Requires developers to plant one tree for every 500 square feet of new development in the state. 11 Addresses a host of other environmental issues such as imposing tougher standards for pesticide use and for air and water quality. Phases out 19 cancer - causing pesticides and requires manufacturers testing on 36 others. PRESS DEMOCRAT GRAPHIC By MIKE GENIELLA Staff Writer A coalition of environmental groups on Thursday accused Cali- fornia's $2 billion timber industry of resorting to "lies and fraud" in a bid to confuse voters and win November's election showdown be- tween competing logging reform initiatives. About 20 representatives of a dozen or more environmental orga- nizations including the Sierra Club, W 'Llejul - � the Audubon Society and the Natu- ral Resources Defense Council gathered in San Francisco to fire their first salvos in what's certain to be a bitter and costly statewide campaign involving competing tim- ber- related initiatives. The outcome could alter the way logging is done on the North Coast, the heart of the most productive forest land in the United States. Environmentalists accused the timber industry of trying to "buy" the election. "The industry already has bragged it will spend at least $12 million. We expect it to spend up to $20 million," said Sierra Club spokesman Warner Chabot, who claimed environmentalists will be outspent 5 -1. "We can never match their mon- ey but we're confident the truth will prevail and that Proposition 130 will defeat the logging companies' Proposition 138 fraud," said Cha- bot, a key strategist behind the "Forests Forever" campaign. For the last decade Chabot has been a consultant working on be- half of local governments and public interest groups opposed to offshore oil drilling along the Cali- fornia coast. The timber industry's campaign arm, Californians for New Forest- ry, lashed back Thursday. It quoted Scott Wall, president of the Califor- Prop. 130 would provide $710 million in bond money to pur- chase old- growth forests, ban clear- cutting in some areas, re- quire a state policy in which trees cannot be cut faster than they are replaced, restructure the California Board of Forestry to provide environmental group representation and provide $32 million in job training for dis- placed mill workers. Prop 138 would ban clear -cut- ting of old - growth timber, pro- vide $300 million in bonds for public and private forest rehabil- itation, and allow lifetime timber management plans rather than require the state to approve individual tracts for cutting. nia Licensed Forester Assocation, from trained professional foreste as saying that Prop. 130 `takes and puts Sacramento politicia forest managment decisions away ,See Timber, Page 1 _s sy Sv O n �' yD svx`7o� 77 CO o�,otD oa °mats 0 oti x a a o ok �b x-j x n° inn cD w o < cxo o W D � �ow ° CL � (D -G(n= o n ac � ((DD�L ((D °-, ,o„`+�.. �. c� cov v'� �`"'„°.s� oa,c r:: '°cam c,..so M o L. .0 1 ao cc.-,.m ro oa Cr]r+oa� 'O•t rOn =.� a' m NW0O0 ^:A� C C. -Y "� ,-+N•n (°D, ° ... r* O _�, CD . " C .y R• O .i O cn CD D (D .-+ 0• ;4 m w `C cn 5; V m ..w (� b •-•• n-- Ci '-1 n b O '-t cn .- '? rb �. 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MERCHANTS & PROPERTY OWNERS respectfully request be made part of the Mnutes/Record of the Commerce Blvd. landscape plan: 1. All newly planted trees be lo ' cated approximately due east of the existing redwood trees along the east side of the 101 freeway. 2. 4 clumps of 3 trees each be eliminated and 2 clumps of trees be relocated: a. Clumps 11;' -13 &4be eliminated. 'k 04 f- b. Clumpp, be moved further south to be in conformance with item 1 above. c. Clump 6, be moved approximately 60 feet so as to be east of the Big 4 - Commerce Blvd. building setback. 3. The tree program will be fully implemented by a date certain. It is recommended that date be November 1, 1990. i,..a, v kl-isr -. -,� . -_ . _..... . . .... ........ ..... J 70 -33J . _ �� . 7 � /o 3 p 93 Sao 11�S9 add 796 7 d a 3� o-o ;