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1990/09/25 City Council MinutesRohnert Park City Council Minutes September 25. 1990 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. CALL TO CRDFR Mayor Hollingsworth called the regular session to order at approximately 7:54 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. Mayor HollingsiAnrth read a prepared statement regarding the hiring of a new City Manager to replace City Manager Callinan upon his retirement. The Council's decision was to hire Joseph D. Netter as the new City Manager, to be effective the day of Pete Callinan's retirement. The City Council has great confidence in the abilities of Joseph Netter to continue the same style of effective leadership the City has experienced over the past years. A copy of the prepared statement is attached to the original set of these minutes. ROLL CALL Present: (4) Councilmiembers Cochran, Eck, Hopkins, Spiro and Mayor Hollingsworth Absent: (0) None. Staff present for all or part of the meeting: City Manager Pro- Tenpore Netter, Planning Director Skanchy, City Engineer Brust, Assistant to the City Manager Leivo and Finance Director Harrow. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Eck, the minutes of September 11, 1990 were unanimously approved as corrected for the motion on page 12 regarding the Commerce Blvd. trees to read "remove clusters #1 and #4; relocate clusters #2 and #5 to the south, and cluster #3 to the north so that all trees between Commerce Blvd. and the 101 Freeway are located approximately due east of the existing Freeway redwood trees ". Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the bills presented per the attached list in the amount of $836,281.39. CDA bills presented per the attached list in the amount of $239,725.87 were approved. Rohnert Park City Council Minutes (2) September 25, 1990 Nora- agendaed Mayor Hollingsworth queried if any Councilmember had any Matters non- agendaed items to add to the agenda. Councilman Eck said he had two miscellaneous items to add under Nutters from Council. Councilmember Spiro said she had one item to discuss under Natters from Council. Lkscheduled Public Mayor Hollingsworth stated that in compliance with Appearances State Law (The Brown Act), anyone in the audience who wished to make a comment may do so at this time. George Horwedel George Horwedel, 7669 Camino Colegio, said he had in hand a video tape of the Fairfield City Council meeting and offered to loan it to Councilmembers to review, if so desired. Mayor Hollingsworth accepted the video tape from Mr. Horwedel and said it would be available upon request for Councilrrembers to review prior to returning it to W. Horwedel. Miho Kite Miho Kite, representing Sister City(s) Relations Committee, 5716 Dexter Circle, said the recent Homestay America Exchange program with students from Hashimoto, Japan was very successful, that the Mayor of Hashimoto had responded with a congratulatory letter to the City with plaques of acknowledgment and appreciation to the City of Rohnert Park and liaison Councilmember Spiro. She presented the plaques to Mayor Hollingsworth and Councilmember Spiro. Sister City(s) Relations Co undttee Appreciation Plaques- Mayor Hollingsworth said the item regarding the Sister City(s) Relation Committee scheduled later on tonight's agenda would be handled at this time and presented plaques of appreciation to Miho Kite and Dave Santori for their continued and faithful services on the Sister City(s) Relations Committee. Miho Kite accepted the plaques of appreciation on behalf of herself and Dave Santori, who had advised staff he had previous comrnitrrents AnH wnii1rj 1w „nnhlo to trend 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 Nbeting's Mbmo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 90 -209 CALLING FOR SEALED PROPOSALS LEFT TURN LANE, SO[MiWEST BLVD. AT CMWRy CLUB DR. PROJECT NO. 1990 -1 Rohnert Park City Council Minutes (3) September 25, 1990 Resolution No. 90 -210 CALLING FOR SEALED PROPOSALS AQUEDUCT PIPELINES PROJECT NO. 1989 -21 Resolution No. 90 -211 APPROVING AGREENENI' WITH COUNTY OF SONOMA PROBATION DEPARTMENT TO USE SUPERVISED ADULT CREWS (SAC) SERVICE Resolution No. 90 -212 AUTHORIZING ADDITIONAL BENEFITS FOR CERTAIN KEY CITY POSITIONS Resolution No. 90 -213 ACCEPTING EASEMENT DEED FROM ROBERT E. AND ALMA NANCY SUTHERLAND, ET.AL. TO THE CITY OF ROHNERT PARK (for installation /maintenance of traffic signal detector loops for Highway 101/Wilfred Ave. Interchange Project) Resolution No. 90 -214 AUTHORIZING PURCHASE OF A GTE PRISM PUBLIC SAFETY SOFTWARE SYSTEM AND AUTHORIZING EXPENDITURE IN FISCAL YEAR 1990 -91 Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Councilman Hopkins recommended that the next four resolutions for consideration regarding awards of contract be handled with one motion to which Councilmember Spiro responded she had questions regarding the award of Contract for Roberts Lake Park. Resolution No. 90-216 AWARD OF CONTRACT FOR "R" SECTION PARK PROJECT NO.1989 -15 Resolution No. 90-217 AWARD OF CONTRACT FOR "A" POOL BUILDING PROJECT NO.1988 -22 Resolution No. 90-218 AWARD OF CONTRACT TO REMOVE, REBUILD, AND REPLACE ROOF OF CODDING CENTER BUILDING City Manager Pro- Tempore Netter explained the resolutions and outlined the funding for each project. Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, the reading of Resolution Nos. 90 -216, 90 -217, and 90 -218 were waived and said resolutions were adopted. Rohnert Park City Council Minutes (4) September 25, 1990 Resolution No. 90-215 AWARD OF CONTRACT FOR ROBERTS LAKE PARK PROJECT NO. 1990 -3 City Engineer Brust responded to Councilmember Spiro's questions regarding what the City is doing at Roberts Lake Park and explained the landscaping plan for the park. Mayor Hollingsworth responded to Councilmember Spiro's question regarding the Council Committee for Roberts Lake Park and said he met with staff while she was out of town. He said staff is looking into the possibilites of acquiring certain land to the north of the City so the community could retain a separation between Santa Rosa and Rohnert Park. City Imager Pro- Tenpore Netter said information on this particular property would be discussed later tonight under the City Manager's report. City Manager Pro- Tenpore Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the reading of Resolution No. 90 -215 was waived and said resolution was adopted. Planning & Zoning: Planning Director Skanchy said a public hearing has been File No. 1219 scheduled at this time regarding File No. 1219 which amends Chapter 17.38.140 (paragraph J) of the Rohnert Park Municipal Code relative to the placement of "Real Estate Signs" which allows for directional real estate signs to be placed on public property with certain restrictions, and Chapter 17.38.150 (paragraph A) relative to maximum sign area in the C or M Districts and the entitlement to signs on property within the City which corrects an error in the text of the ordinance. He explained that copies had been provided to Council of Planning staff reports, proposed ordinance, and existing sign ordinance relative to File No. 1219. Discussion followed during which Planning Director Skanchy responded to Council questions and explained specific details of the sign restrictions such as only one sign per intersection, words limited to "open house" with no advertising or addresses, and confirmed that the A -frame signs in the middle of =.r - - - - - -- Public Hearing Mayor Hollingsworth opened the public hearing at approximately 8:09 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. Ralph Jones Ralph Jones, 509 Country Club Drive, said he would like to mention some of the problems regarding the sign restrictions in addition to what staff has said. He said most of the people are trying to abide by the sign ordinance that's being enforced. He requested Council to make sure this ordinance, if adopted, is properly published in the Sonoma County Multiple Listings Book. Mr. Jones said he had several greetings with the Board of Realtors on this change and that he is satisfied with the wording. Rohnert Park City Council Minutes (5) September 25, 1990 There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 8:12 P.M. Discussion followed on the topic of political signs during which it was acknowledged that the State law is very explicit regarding political signs, that the particular signs referenced in the neighborhood were legal, and that restrictions of political signs include time duration of viewing, removal immediately following the election and size restrictions. Ordinance No. 529 AMENDING CHAPTER 17 OF THE ROHNERT PARK MUNICIPAL CODE (SIGNS) SECTION 17.38.140, PARAGRAPH J, AND SECTION 17.38.150, PARAGRAPH A OF THE ROHNERT PARK M- VICIPAL CODE Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, Ordinance No. 529 was introduced. Cable TV Franchise City Manager Pro - Tempore Netter explained that copies had been provided to Council of staff report updating Council on the franchise renewal negotiations with KiltiVision Cable TV (M. L. Nbdia Partners, L. P.). which included two possible options for the franchise renewal, as previously directed by Council, and shared the contents therein. He said option #1 grants a short term franchise extension of 3 1/2 years with the minimum time frame necessary to meet federal requirements and federal cable law. Option #2 grants a longer term franchise renewal agreement with a stage term of up to fifteen years which are two terms of six years each and a third term of three years with specific requirements to be met within each stage as outlined in the staged term agreement. Assistant to the City Manager Leivo responded to Council questions regarding the two franchise renewal options for consideration. He said the recommendations were developed with the advice of Consultant Carl Pilnick of Telecomrunications Management Corp. Councilman Eck said the Council Committee agreed to the number of years in the options to be safe legally and narrowed the options down to two fairly extreme cases to enable the public to respond at a public hearing with greater clarity regarding preferences. Council Committee Member Spiro said the cable TV company indicated it would not sign the three year agreement but would invoke the formal procedures if Council chooses to offer the first option. Discussion followed during Assistant to the City N6nager Leivo explained that the formal procedures are somewhat complicated, that the current agreement could be extended if necessary, and Rohnert Park City Council Minutes (6) September 25, 1990 that the formal procedures would include more negotiations, public hearings and other procedures. He said the new president of the cable TV company had indicated his willingness to come from Connecticut to participate in the overall operations to which Mayor Hollingsworth responded it would be up to the cable TV company if it wanted particular representatives to be here during any proceedings. Council agreed to the advisability of receiving public input regarding the coniumity's preferences and concurred to set a public hearing at 4:30 on October 23rd, 1990. Parks & Recreation C4ffmission Natters City Manager Pro- Tempore Netter explained that copies had been provided to Council of memo from Director of Recreation Pekkain following the Recreation Commission meeting of September 17, 1990 which included three items of which Mr. Netter discussed each item with Council regarding 1) Rohnert Park Softball Allstars request for funds, 2) proposed "M" Park, and 3) Bambino Baseball in which citizen petitions were submitted with over 200 signatures supporting the Rohnert Bambino Baseball League's use of Alicia Park. City Manager Pro- Tempore Netter said Director of Recreation Pekkain has communicated with the Bambino League president and thinks he has worked out details that are acceptable to the concerns of the league and nearby residents. Discussion followed with comments of possible future minor league baseball fields at "M" Park and behind Richard Crane School. Coications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Mayor Hollingsworth referenced item #15 from ABAG regarding "Notice of Election" and said if anyone has any questions regarding the candidates, when the full slate comes in, he would be happy to talk to them about it. City Manager's Report: Pi Property Lltiy Manager Pro - Tempore Netter said that staff was previously instructed by Council to pursue the Rose Peroni property which is at the north end of the City limits and adjacent to Roberts Lake Road. (This was the property referenced earlier in tonight's meeting regarding the possibility of separation space between Santa Rosa and Rohnert Park.) He said a letter has been sent to the Peroni representative asking when a meeting could be set up with Mrs. Peroni to discuss the possibility of purchasing said property since there has been no results from previous communications in which the Peroni representative indicated that he would be contacting Mrs. Peroni to set up a meeting. Rohnert Park City Council Minutes (7) September 25, 1990 Discussion followed during which inquiries were made regarding the possibilities of this property being donated for a park area with the suggestion of naming it Peroni Park, as well as consideration given to the possibility of making it a regional park. Concerns were also expressed regarding the need to have information available in the event the open space sales tax is approved in the November election and the need to keep this possibility on the back burner for consideration. Sales Tax Audit City Manager Pro- Tempore Netter said a letter had been Report received from the Municipal Resource Consultants (NRC) which is contracted by the City to provide sales tax audit services in order to detect and correct point of sales distribution errors for the purpose of generating new sales tax income to the City which would not otherwise have been realized. NRC has identified five businesses from which the City has not been receiving sales tax income to which it was entitled and NRC has been successful in correcting one account of the five for a total new income to the City of approximately $1,900. NRC is currently working with the State Board of Equalization to see if corrections can be made regarding the other four businesses. NRC receives 25% of Rohnert Park's portion of sales tax collections for the following six quarters for its services. Avram Buildings City Manager Pro - Tempore Netter said the City has been informed by the owner's real estate agent that 120 and 130 Avram buildings are for sale. These are the two office buildings to the east of the existing City Hall building and adjacent to the tudor style building directly behind City Hall. Staff has reviewed these buildings with the real estate agent to see if the City would be interested in some type of use for the two buildings and is brought to Council's attention at this time because the owners are currently interested in selling the buildings at a very low price, since they have had difficulty in leasing the space. Each building has approximately 12,000 sq.ft. with a net square footage of approximately 10,000 sq.ft in each building which would result in approximately 20,000 sq.ft. of total usable space. City Manager Pro- Tempore Netter said staff has reviewed the buildings with developer Jim Redding and his contractor for their opinions on price, markets, construction improvements and use. Possible City use included Public Safety, City Hall operations, School District operations and the possibility of other County offices moving down to Rohnert Park. Discussion followed during which Council agreed this would not be an appropriate location for Public Safety. City Manager Pro - Tempore Netter said the owners would like some type of letter of intent from the City since they need to know what direction to take regarding these buildings. Rohnert Park City Council Minutes (8) September 25, 1990 Mayor Hollingsworth appointed himself and Councilman Eck as Council Committee for the Avram buildings and agreed to meet briefly for direction on this matter after the close of tonight's meeting in a brief closed session. AB939- SR&R's Lipdate City Manager Pro - Tempore Netter said that staff has currently been meting with the County of Sonoma and other cities on a joint RFP for the Source Reduction and Recycling elements as required by AB 939. The new Sonoma County Director of Public Works Mr. Ed Walker, informed staff prior to tonight's meeting that the Board of Supervisors has approved the concept of a joint RFP but stated that further consideration should be given for possible other uses which may include City Hall. The RFP would be comprised of several components, one of which the consultants would be handling the Source Reduction and Recycling elements for the cities and the other one for the counties is two separate processes within one RFP. In addition, County staff is recommending that the cost for the consultants and other requirements of AB 939 be paid from tipping fees. Therefore, all the cities in the counties' SR&R's would be paid from the same sources. RPPClA & SCOPE City Manager Pro - Tempore Netter said the RPPOA and SCOPE Dinner(s) agreements were completed a little over a year ago and a commitment was previously made by the City to invite the representatives of RPPOA and SCOPE to a dinner upon completion of the four year agreements. He asked if Council would like to recommend a date at this time so that a combined dinner, or two individual dinners, could be set up with the RPPOA and SCOPE representatives. Council agreed that staff should make arrangements for a dinner with the RPPOA and SCOPE representatives on an off Tuesday night from the regular Council meetings. Yard Waste Collection City Manager Pro - Tempore Netter said staff is working with Pilot Program Enpire Waste Management on a pilot program for the collection of yard waste. The pilot program would include approximately 1,000 homes in an area selected by the Council which would 11Q.7 Lvt. — Lctvwi clippings and oiler growth vegetation. This pilot program would run for approximately one year and would include a system whereby another sixty gallon roll -out type container would be provided to each household for use of disposable garbage. The ninety gallon roll -out containers would be used for yard waste that would be picked up separately by a separate truck. This pilot program would begin when Council selects an area and when Enpire Waste Management delivers the sixty gallon containers. This matter has been brought to Council's attention at this time to give consideration to what area it would like to select for the pilot program in order for proper letters and news publications to go out to these residents to begin the program. Rohnert Park City Council Minutes (9) September 25, 1990 Discussion followed during which questions were raised regarding the adequacy of the size of containers, the possibility of additional pick ups, the overall goal to work with the requirements of AB 939, and the need for staff to investigate details further to present a more concrete proposal for Council's consideration. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, authorizing staff to proceed with details necessary to present a proposal for Council consideration regarding the yard waste collection pilot program. Fall Clean -up City Manager Pro - Tempore Netter said Fall Clean -up is scheduled for October 6th through October 14th in conjunction with Fire Prevention Week. This year the program will include Good Will Industries' participation in picking up items for redistribution at its various sites. Healthy Cities' Assistant to the City Manager Leivo said that representatives Program of the Healthy Cities' Program net with himself and the Mayor a couple of weeks ago and Rohnert Park has been selected as one of the nine Healthy Cities in the state. The City's program for the Healthy City's project fo '90 -91 in "Smoking Free City ". If the Mayor or any Councilmember wants to participate in this program, there will be a meeting this Friday, September 28th, at 10:00 a.m. to review the guidelines of the program and begin the selection of a committee representing the business comnmity. City Attorney's In the absence of City Attorney Flitner who is on vacation, Report: Councilman Cochran referenced the Chairman's Message on the cover of the September FPPC Bulletin in which the Federal FPPC Bulletin Court of Appeals recently invalidated the expression of the people of California who voted overwhelmingly in 1986 to provide in the state Constitution a ban on certain political party endorsements by providing that "...no political party or party central committee may endorse, support or oppose a candidate for non - partisan office ". Rent Appeals Lawsuit City Manager Pro- Tempore Netter said that all documentation on rents has been received from the mobile home parks for the Nbbile Home Rent Litigation's damage phase of the trial. This documentation will be reviewed by staff and summarized for further review by City Attorney Flitner and other legal counsel. It is estimated that review and summarization will take three to four weeks. Matters from Council: Jt.Mtg.w /School Dist. Mayor Hollingsworth pointed out that the Cotati - Rohnert Park School District has suggested the dates of January 29, 1991 or April 29, 1991 for the annual joint meeting with City Council. Council concurred that January 29th would be the best date, Rohnert Park City Council Minutes (10) September 25, 1990 Crane Creek Regional City Manager Pro-Tempore Netter said there would be a County Park meeting on September 26, 1990 at Rohnert Park City Hall regarding the proposed Crane Creek Regional Park. He said a bike path from Rohnert Park City limits to Crane Creek had been mentioned, and inquired if Council wanted staff to suggest this at the meeting. In addition, the possibility of soccer fields in the lower portion of the park was mentioned. Discussion followed during which Council referenced previous support of connecting bike paths in the City. City Engineer Brust said the bike path could follow the creek from the City limits to Crane Creek but that the County will need to negotiate with the property owners. Council agreed that consideration of the Crane Creek Regional Park is an excellent idea and would be a good jogging path and place to walk. Cotati City Council Mayor Hollingsworth said the recent joint meeting with Cotati Joint Feting City Council on September 18th was successful and informative. Rancho Cotate High Mayor Hollingsworth said Rancho Cotate High School's annual School Project Project Graduation Appreciation Program will be held in the Graduation multi- purpose room at the high school on October 11, 1990. SW Blvd. Shopping Councilman Eck expressed concern regarding the recycling bins Center that have still not been moved from the Southwest Boulevard Shopping Center parking lot and said follow up should be continued on this until accomplished because of being such an eye sore to the conT=ity. He said a new agency is forming that plans on approaching the Community Development Agency regarding the City's involvement in terms of improvements for the Southwest Boulevard Shopping Center. Staff indicated a meeting is being scheduled with the porperty owners to discuss the landscaping improvements of the shopping center and other clean up items. Recycling Councilman Eck said he understood the City offices have put in containers for recycling and expressed concern regarding the City doing its part to purchase recycled paper for office supplies, etc. to which City Manager Pro - Tempore Netter responded that there is no formal policy at this time but the City does purchase computer paper manufactured from recycled products. Council concurred that the use of recycled paper for office supplies should be a working policy of the City and made a priority, where feasible, and instructed staff to follow up on a formal policy. Rohnert Park City Council Minutes (11) September 25, 1990 Popper Scooper Councilmember Spiro said she was absent from the previous Ordinance meeting in which the Pooper Scooper Ordinance was considered for introduction and did not receive Council approval because of a deadlock vote and requested this item be put on the next Council meeting agenda for reconsideration. Discussion followed. A motion was made by Councilmember Spiro, seconded by Councilman Eck, to place the Pooper Scooper Ordinance on the next Council meeting agenda for reintroduction and approved by the following vote: AYES: (4) Councilmembers Eck, Hopkins, Spiro and Mayor Hollingsworth NOES: (1) Councilman. Cochran ABSENT: (0) None Utility Use Tax Councilman Hopkins referenced utility use tax recently passed by legislation and said in light of what the County has done regarding collections, asked if it would save the City money, if feasible, to collect its own taxes rather than have the County do it. He requested staff to prepare a report for Council's review and consideration regarding this matter. City Manager Pro - Tempore Netter said the County now retains 2 1/2 of the City's Sales tax and that the City Managers' group is working on eliminating that County retention, but as for the City collecting its own propoerty tax, this is highly unlikely due to Proposition 13 and the County -wide tax rate. Staff will research any other areas that may be collected by the City. Discussion followed during which concerns were expressed regarding future possibilities of asking voters to consider the proposal of a utility users' tax and that it may be the citizens' only recourse. Walkways Councilman Hopkins referenced overgrowth noticed on walkways and said trees needed to be cut back along SW Blvd. and west of Country Club Drive. Councilmember Spiro said repair needed to be done on a 4" gaping crack in the asphalt on the walking path at D" Park. Soccer Teams Councilman Cochran said the Rohnert Park Soccer League has a waiting list of fifty to a hundred youth not able to get on teams because of the limited number of coaches and seemed to him there should be an opportunity to provide the needed coaches by offering to pay $5 an hour to college students who would be interested in coaching. Discussion followed. Rohnert Park City Council Minutes (12) September 25, 1990 A motion was made by Councilman Cochran, seconded by Councilman Eck, and unanimously approved to formulate a policy of addressing this problem and recommending a program for City Council approval. Lhscheduled Public Mayor Hollingsworth asked if anyone in the audience wished Appearances to make an appearance at this time. George Horwedel George Horwedel, 7669 Camino Colegio, requested Council to check -with other cities regarding cable TV contracts to compare what is reasonable and available and have information to back up the current negotiations. Sil Cincera Sil Cincera, P. G. & E. representative, 965 Hawthorne Circle, said P.G. & E. is having some proplems with equipment failure due to recent damage of underground wiring by a contractor. P.G.& E. is checking into the repair and /or replacement of this faulty equipment so there will be complaints from turning off the power. Lights are out on Roberts Lake Road as well as the conmter parking lot. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 9:16 p.m. to a brief closed session immediately following this meeting to discuss real estate negotiations and then to 4:30 p.m. on October 9th, 1990 for Housing Work Session with Janie Walsh, Executive Director of Sonoma County Development Commission (Rohnert Park Housing Authority). De Cit C e Mayor STATEMENT BY MAYOR HOLLINGSWORTH RE: NEW CITY MANAGER September 25, 1990 During the month of January 1990, informed the City Council he would before December 31, 1990. With considering our options, the City Joseph D. Netter as our new City Ma of Pete Callinan's retirement. City Manager Pete Callinan retire as City Manager on or this is mind, and after Council has decided to hire gager, to be effective the day Pete has been a very effective City Manager for over 28 years. We will miss him! The City Council has great confidence in the abilities of Joseph Netter to continue the same style of effective leadership the City has experienced over the past years. Arthur F. Hollingsworth, Mayor City of Rohnert Park AFH:lr