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1990/11/13 City Council MinutesRohnert Park City Council Minutes November 13, 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 710 CRDER Mayor Hollingsworth called the regular session to order at approximately 7:55 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation matters, personnel matters and real estate negotiations. ROLL CALL Present: (5) Councilmembers Eck, Cochran, Hopkins, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Director of Administrative Services /Assistant to the City Manager Netter, Planning Director Skanchy, City Engineer Brust, Assistant to the City Manager Leivo, Finance Director Harrow and Director of Performing Arts Center Grice. Approval of Minutes Upon notion by Councilman Hopkins, seconded by Councilmember Spiro, the 4:30 p.m. minutes of October 23, 1990 were approved by the following vote: AYES: (4) Councilmembers Eck, Hopkins, Spiro and Mayor Hollingsworth NOES: (0) None ABSTAIN: (1) Councilman Cochran ABSENT: (0) None Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, the 7:00 p.m. minutes of October 23, 1990 were approved as corrected wherein Councilman Eck, not Councilman Cochran, seconded the "Approval of Bills" and Councilmember Spiro referenced the Wal -Mart EIR discussion in the middle of page 6 and said to add that the City Attorney had been directed to report back to Council with his opinion, by the following vote: AYES: (4) Councilmembers Eck, Hopkins, Spiro and Mayor Hollingsworth NOES: (0) None ABSTAIN: (1) Councilman Cochran ABSENT: (0) None Rohnert Park City Council Minutes (2) November 13, 1990 Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, the bills presented per the attached list in the amount of $1,883,561.86 were approved by the following vote: AYES: (4) Councilmembers Eck, Hopkins, Spiro and Mayor Hollingsworth NOES: (0) None ABSTAIN: (1) Councilman Cochran ABSENT: (0) None Non- agendaed Mayor Hollingsworth queried if any Councilmember had any Matters non - agendaed items to add to the agenda. Mayor Hollingsworth introduced Councilman Elect James Reilly who was in the audience and extended congratulation to him on behalf of the Council. He expressed appreciation to Jerry Kohler and Harvey Bell who were also in the audience and had run for the Council opening, congratulated them on their campaign efforts and encouraged them to do it again. Mayor Hollingsworth said to the best of Council's knowledge, the final results and certification of the election from the County Clerks Office was not expected until middle to late December, therefore, the new City Council would not be in effect until after that time. Lhscheduled 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. Harvey Bell Harvey Bell, 700 Lindsay Avenue, said he would like to address three items on tonight's agenda, specifically, Planning and Zoning File No. 1393 - Wal -Mart EIR, File No. 1345 - Rogers /Davis consideration to subdivide Parcel Map No. 136, and the Franchise Renewal Agreement with M. L. M?dia Cable TV. Regarding the Planning and Zoning items, Mr. Bell said it was his contention that both the letter of the law and the intent of the law could be obtained, that the City needs the tax base and it needs the business. His biggest concern is still all the measures that have to be implemented and asked how could the traffic problem be solved. Regarding the cable TV franchise renewal, W. Bell asked if it could be possible to have hookups eliminating the converter boxes so a person could be watching one channel and record another. He suggested there be no charge for multiple hookups. He said he is opposed to a long term agreement with M. L. Nbdia because it might not allow the possibility of getting these options as will as taking advantage of other technological improvements that may be forthcoming. Rohnert Park City Council Minutes (3) November 13, 1990 George Horwedel George Horwedel, 7669 Camino Colegio, congratulated Mayor Hollingsworth and James Reilly Jr. on a great campaign and said he would like to thank the Council for the use of the Council Chamber for the recent campaign debate and M. L. Media for the television coverage. He said one thing Fran Parkey did not address was in regard to having a full time manager for the cable TV company in this city, and also did not respond to the inquiry regarding the five million dollar figure on the rebuild. He suggested looking at the maps and records regarding the necessary equipment for the rebuild which confirm that the cable company will not have to do much to his area to complete the effort. He suggested a clause be put in the contract for the City to renegotiate in the fourth year if the rebuild is not satisfactorily progressing by then. Jake Mckenzie Jake Mackenzie, 1536 Gladstone Way, congratulated the Mayor as the victor and looked forward to the years in the future. He said Measure B did not pass and was the issue he used in his campaign efforts. He said the Wal -Mort EIR resolution for consideraton tonight will certainly have some impact in the years to come. He referenced air quality deferred alternatives or the lower density alternatives and said since it would seem unlikely that those would take place, Council should be thinking about the impacts when consideration is given to this resolution. He inquired about what would replace the Golis Park tennis practive wall which has recently been removed. Dave Ntchel Letter In the absence of Dave Nbchel, 4405 Hollingsworth Circle, Jake MacKenzie presented a letter for the record (copy attached to original set of these minutes) dated November 11, 1990 from Mr. Nbchel in which he requested Council to return the Wal- Mart EIR to the Planning Commission for additional input because the report's author failed to adequately address critical comments made during public hearings. Dave Witkowski Dave Witkowski, 1305 G Southwest Blvd., extended congratulations to Mayor Hollingsworth and James Reilly for success in Council election. He expressed concern regarding problems with a gang in his neighborhood and shared reports that youths have been shown guns, etc. He said neighbors have been reluctant to report various happenings because of fear of repercussions, that things settled down somewhat after talking with Lieutenant Shields about a month ago but have been stirring up again in the last couple of weeks, and he would really like to see the new Council take stronger action on this matter. In response to Council comments regarding the need for people to speak out and report such incidents since silence plays into their hands, Mr. Witkowski said as a son of a twenty -five year veteran he understood the necessity of speaking out and yet at the same time, if this is done, the person speaking out is in danger of repercussions. He said, for instance, there is no policy in the City regarding guns Rohnert Park City Council Minutes (4) November 13, 1990 and these people operate just within the letter of the law and they know exactly 4iat they can get away with. He said he was taking a chance of repurcussions in standing before the Council tonight, but wants to see something done regarding this matter and asked Council to take a serious look at this problem. Mayor Hollingsworth confirmed that this matter would be reported to Public Safety to w4hich Director of Administrative Services responded that he had already spoken to Chief Dennett regarding this specific matter. 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 Memo. Councilmember Spiro said she had questions regarding Resolution No. 90 -245 and requested it be removed from the Consent Calendar. Council concurred. Acknowledging the City N-anager /Clerk's report on the posting of the agenda. Resolution No. A RESOLUTION AWARDING CONTRACT (For Miscellaneous Vehicles for 90 -242 the Department of Public Works) Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS SPORTS CENTER 90 -243 RECEPTION AREA RENDDEL, PROJECT NO. 1990 -15 Resolution No. RESOLUTION REQUESTING THE SONONA COUNTY WATER AGENCY To ACCEPT 90 -244 FOR MINTENANCE A PORTION OF WILFRED CHANNEL AND AUTHORIZING GRANT DEED Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 90 -246 AUTHORIZING CHANGING THE NAME OF THE 1968 SEWER REVENUE FIM TO SEWER UTILITY FUND Resolution fro, RESO,T,I MIOAd OF THE COUNCIL OF THE CITY OF ROHNERT PARK 90 -247 DECLARING A SURPLUS IN HINEBAUGH CREEK ASSESSMENT DISTRICT (PROJECT 1972 -03) AND AUTHORIZING TRANSFER OF BALANCE TO THE GENERAL FL ND Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 90 -248 DECLARING A SURPLUS IN CAMINO COLEGIO INpROVENENTS ASSESSMENT DISTRICT (PROJECT 1974 -13) AND AUTHORIZING TRANSFER OF BALANCE TO THE GENERAL FIND Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 90 -249 DECLARING A SURPLUS IN SANTA ALICIA DRIVE ASSESSMENT DISTRICT (PROJECT 1975 -02) AND AUTHORIZING TRANSFER OF BALANCE TO THE GENERAL FUND Rohnert Park City Council Minutes (5) November 13, 1990 Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 90 -250 DECLARING A SLRPLUS IN SNYDER LANE NORTH ASSESSMENT DISTRICT (PROJECT 1980 -24) AND AUTHORIZING TRANSFER OF BALANCE TO THE CAPITAL PROJECT FUND TO BE USED FOR THE SNYDER LANE LEFT HAND TURN LANE (PROJECT 1990 -13) Resolution No. A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR 90 -251 FUNDING AND ANY RELATED DOCLIENfTS NECESSARY TO PARTICIPATE IN THE CALIFORNIA LIBRARY CONSTRUCTION BOND ACT PROGRAM Resolution No. A RESOLUTION APPROVING SPACE LEASE /RENTAL WITH THE SENIOR 90 -252 CRAFT SHOPPE FOR ROOM SPACE AT THE CODDING CENTER, 100 ENTERPRISE DRIVE Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 90 -253 AUTHORIZING THE EXTENSION OF TIME FOR THE DEFERRAL OF THE PAYNENT OF BUILDING PERMIT FEES FOR THE ROHNERT PARK COMMUNITY ASSEMBLY OF GOD CHURCH Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, except for Resolution No. 90 -245, the Consent Calendar as outlined on the meeting's agenda was approved. Councilmember Spiro referenced Resolution No. 90 -245 for consideration and directed question to Finance Director Harrow regarding the risks associated with investing in mutual funds in light of recent economic conditions. She asked him to explain what is the security for the investments for idle funds. Finance Director Harrow responded that the Investment Policy for Idle Funds addresses security as its utmost objective. He said the City's idle funds are invested in mutual funds, treasury bills, treasury notes, etc. with proper insurance or collateral as security. He commented on mutual funds of high grade governmental issues with solid security. City Manager Callinan said the investments are as secure as possible and the mutual funds are even more secure than some banks. Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING 90 -245 INVESTMENT POLICY FOR IDLE FUNDS Upon motion by Councilmmber Spiro, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 90 -245 was adopted. Scheduled Public Appearance: Chamber of Carmerce Mayor Hollingsworth said he had received a call from a Crane Melon Festival representative of the Chamber of Commerce requesting a two week delay of its presentation to Council regarding the Crane Nblon Festival event scheduled in 1991 as the Chamber is still in the process of developing the program. Rohnert Park City Council Minutes (6) November 13, 1990 Thanksgiving Day Assistant to the City Manager Netter introduced Reverend Sam Dinner for Tharpe of T's Academy and referenced copies provided to Council of Rev. Tharpe's letter dated November 6, 1990 requesting use of the Burton Avenue Recreation Center on Thanksgiving Day to provide a Thanksgiving dinner for the needy and shared the contents therein. A motion was made by Councilman Hopkins, seconded by Counci.lmember Spiro, and unanimously approved, to have the City sponsor the event and approve the use of Burton Avenue Recreation Center for a Thanksgiving Day dinner for the needy with a waiver of any and all fees. Comprehensive Anrnial Assistant to the City Manager Netter explained that copies had Financial Reports been provided to Council of Comprehensive Annual Financial Report, the Transportation Development Act Fund Report (TDA) for fiscal year ending June 30, 1990, and management letter dated October 31, 1990 from Deloitte & Touche, the City's external auditing firm. He introduced Howard T. Hoover, Senior Partner of the firm and representative Bill O'Neill. Mir. O'Neill responded to various questions from Council regarding the above - referenced annual reports. Discussion followed during which City Manager Callinan responded to Council inquiry and confirmed that staff follows up on each suggestion made in the management letter by the external auditing firm. Finance Director Harrow responded to Council questions regarding the restructuring of school district loans with intentions to pay off the City's loan. Other matters were reviewed regarding the impact on projects due to the failure of Nbasure B, responsibilities of Caltrans with priorities given to matching funds projects, and revenue sharing. A motion was made by Councilman Cochran, seconded by CoLLnc-ilmwn Hopkins, and unanimously approved to formally accept the Comprehensive Annual Financial Report and Transportation Development Act Fund for fiscal year ended June 30, 1990 as presented by external auditors Deloitte & Touche. Resolution No. REQUESTING CALTRANS TO DESIGN EXPRESSWAY INTERCHANGE ULTIMTE 90 -254 INPROVEVEWS AND AUTHORIZING CITY TO pAy CALTRANS COST FOR ENGINEERING DESIGN Assistant to the City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, the reading of Resolution No. 90 -254 was waived and said resolution was adopted. Rohnert Park City Council Minutes (7) November 13, 1990 Resolution No. A RESOLUTION OF AWARD OF CONTRACT, LEFT TURN LANES -1990, 90 -255 PROJECT NO. 1990 -1 Assistant to the City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the reading of Resolution No. 90 -255 was waived and said resolution eras adopted. Ordinance No. 527 AN ORDINANCE OF THE CI OF THE ROHNERT PARK IMPOSITION OF A ONE RECEIPTS, TO PROVIDE FOR BINGO GAMES AND FIFTY ($50) DOLLARS TY OF ROHNERT PARK AMENDING CHAPTER 9.66 MUNICIPAL CODE TO PROVIDE FOR THE (1 %) PER CENT FEE FROM GROSS BINGO FOR THE CONTENTS OF THE APPLICATION TO INCREASE THE APPLICATION FEE TO Assistant to the City Manager Netter said copies had been provided to Council of letter dated November 8, 1990 from City Attorney Flitner in which he reviewed findings from communications with the City of Los Angeles Chief of Charitable Contributions Section and an attorney in the City of Los Angeles who advises this section regarding the legalities of options to consider for the collection of the 1% fee on gross bingo revenues. Both questioned the approach to levy the tax and then exempt the organization or relieve it from the burden of the tax by refunding it. The attorney felt that once the tax is collected it becomes public property and to refund it back is a gift of public funds. The attorney also felt that although the statute allowed a city to choose whether it would collect a $50 annual license fee or a $50 application fee plus the gross receipts tax the statute did mandate the city to collect the tax if it selected the gross receipts alternative, i.e. "An annual fee of 1% of the monthly gross receipts over the $5,000 derived from bingo games shall be collected monthly..." The attorney felt that, shall means shall, and there is no discretion. Once collected and into the treasury it becomes public property and cannot be gifted back for little or no consideration. The fact that the city requires the money to be paid to a charity makes no difference, in his opinion. City Attorney Flitner said that regardless of the interpretation of the word "shall" in the State law of which he did not know if he agreed that nothing could be done; in reconsidering this matter he believed the best course is to follow State law. He said if giving to charities is pursued, it seemed to him that the City would be getting into separation problems. Discussion followed. Rohnert Park City Council Minutes (8) November 13, 1990 A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved to adopt Ordinance No. 527 imposing the 1% fee on bingo operators whose gross bingo receipts are in excess of $5,000 monthly with the additional terms of exempting the 1% fee for all bingo operators' gross bingo receipts under $12,500 monthly and increase the application fee to $50.00. Ordinance No. 530 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 9.46 OF THE ROHPV'ERT PARK MLVICIPAL CODE TO PROVIDE FOR THE RECOvERY OF EXPENSES INCURRED BY THE CITY OF ROHNERT PARK IN MAKING EMERGENCY RESPONSES AS SET FORTH IN GOVERN4M CODE SEC.53150, ET SEQ. Assistant to the City Manager Netter explained that copies had been provided to Council of ordinance for introduction amending Chapter 9.46 of the Rohnert Park Municipal Code to provide for the recovery of costs associated with driving under the influence for all persons convicted (DUI Cost Recovery Program) . This ordinance amends the recently implemented Ordinance No. 521 which was adopted in March of 1990 and basically allows for the billing and collection of the DUI charges upon filing of a complaint or a petition for a wardship or any other accusation or information. The reason for this change is that staff was pursuing the collections of costs on a DUI incident of which a letter dated September 20, 1990 was received from Attorney Sam Libicki (copies were provided to Council) whereby he was representing the individual the City was pursuing costs against and who is a juvenile. W. Libicki is challenging the City's ordinance on the specific grounds that "the charges imposed under this chapter shall not be due and payable to the City unless and until the complaint is filed against the assessee by the Sonoma County District Attorney ", and with regard to the individual W. Libicki is representing, there had been no complaint filed with the District Attorney and probably never would be because the individual causing the damages is a juvenile. M'. Libicki indicated that the City's ordinance is not drawn broadly enough to cover juvenile court petitions but speaks only of criminal ct,laints. Mme. Netter explained the amendment to the ordinance would bring in the whole arena of juveniles by a petition of a wardship or any other accusation of information. Discussion followad during which W. Netter confirmed that the average amount per incident is about $275. Also reviewed were pros and cons regarding holding parents responsible for the cost of charges incurred by minors, concerns were expressed in regard to zeroing in on a certain class of individual with response that this situation has been allowed by State law whereas it is not allowed for other situations and that this is at least a way State legislature has allowed for reimbursement of such costs incurred. Rohnert Park City Council Minutes (9) November 13, 1990 Upon motion by Councilman Hollingsworth, Ordinance No following roll call vote: Cochran, seconded by Mayor . 530 was introduced by the AYES: (3) Councilman Cochran, Eck and Mayor Hollingsworth NOES: (2) Councilm nioers Hopkins and Spiro ABSENT: (0) None Planning and Zoning: Assistant to the City Manager Netter said copies had been File No. 1393 provided to Council of Staff report regarding File No. 1393 - Presentation of the Wal -Mart Environmental Inpact Report which includes a 22 acre parcel located at the very northwest section of the City west of U. S. 101 Freeway and Redwood Drive (formerly the Redwood Drive Inn Theatre site). He said copies were also provided to Council of Staff Summary and resolution for consideration regarding this matter. Mr. Netter referenced Table 1 of the Staff Summary and shared the contents therein regarding significant inpacts and mitigation measures concerning air quality and traffic. He responded to Council question that the reduction is greater than imagined because Wal -Mart represents a 20% reduction from the Northwest Rohnert Park EIR which represents the worst case scenario. Consultant Elgar Hill responded to Council questions regarding air quality and traffic reductions and alternatives and said these were suggestions and that either one of the two alternatives would reduce the traffic generated by 30% and either alternative would reduce the traffic down to where it would work very effectively and said that is why mitigation measures relate to monitoring. Mr. Hill agreed with City Manager Callinan's statement that the State has enacted much stronger emission controls that will be enforced in a few years and confirmed that the requirements for emission control in the EIR would have the same sort of result. City Attorney Flitner responded to Council inquiry to report on the monitoring measures as requested at the previous Council meeting and said revisions were made as set forth on pages 6 and 7 of the resolution for consideration and shared the contents therein. Discussion followed during which Council agreed that the report was more than adequate. Resolution No. A RESOLUTION OF THE CITY COLMIL OF THE CITY OF ROHNERT PARK 90 -256 FINDING AND DETERMINING THAT THE WAL -MART DRAFT EIR IS ADEQUATE AND THAT IT SHOULD BE CERTIFIED AS THE FINAL EIR WAL- MART PROJECT AND DIRECTING THE CITY MANAGER TO FILE A NOTICE OF DETERMINATION Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved by roll call vote, reading of Resolution No. 90 -256 was waived and said resolution was adopted. Rohnert Park City Council Minutes (10) Resolution No. A RESOLUTION OF THE CITY OF ROHNERT 90 -257 VACATING A 40 FOOT WIDE BY 1,039.78 OF WAY LOCATED ON THE WEST SIDE OF R WESTERLY TO DOWDELL AVENUE, BETWEEN 45- 055 -02 ON THE NORTH AND ASSESSOR'S F THE SOUTH, FILE NO. 1447 November 13, 1990 PARK ABANDONING AND FOOT TANG PUBLIC RIGHT EDWOOD DRIVE EXTENDING ASSESSOR'S PARCEL NO. ARCEL NO. 45- 056 -16 ON Planning Director Skanchy referenced plans on display and explained that copies had been provided to Council of staff report and resolution for consideration for File No. 1447 - Abandoning and vacating a 40' wide x 1039.78' long public right of way between Redwood Drive and Dowdell Avenue in the area north of Wilfred Avenue and shared the contents therein. He confirmed to Council question that it has been determined that this road right of way would not be needed as a public right of way and it is recommended that it be abandoned and deeded to the adjacent property owners subject to the conditions as outlined in the staff report. Discussion followed regarding requirements of mitigation measures and adequate fees to guarantee coverage with confirnstion that fees should be uniform throughout the City. Levels of Service were reviewed with comparisons made of EIRs and actual results. City Manager Callinan confirmed that Wal -Mart site has the same requirements as all the other locations along Redwood Drive. Upon rmtion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 90 -257 was waived and said resolution was adopted. 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 - Jimmie Rogers /Don Davis - Consideration of Parcel Map No. 136 to subdivide a 6.71 acre parcel iiito 4 iii 4 4dual 'Lots. Subject property is located on the west side of Redwood Drive in the area north of Wilfred Avenue; and south of the area formerly occupied with the Redwood Drive -In theater in the CS:PD District and shared the contents therein. W. Skanchy confirmed that 30 foot set backs are required around the Walmart site like all the other sites along Redwood Drive with the only exception being those places established prior to the set back requirement. RECESS Mayor Hollingsworth declared a recess at approximately 9:18 p.m. REOCNVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:30 p.m. with all Councilmembers present. Rohnert Park City Council Minutes (11) November 13, 1990 KRCB- TV,Channel 22 Mayor Hollingsworth introduced Nancy Dobbs, General Manager of KRCB -TV, Channel 22 and said as a courtesy to her, the item requesting reduction of annual property lease of the television station would be handled at this time. Council Committee Members Eck and Hopkins reviewed details of recent meeting KRCB -TV, Channel 22 representatives regarding the station's request for reduced rents. As discussed at the previous Council meeting, some obligation is felt to assist Channel 22 in its effort to refinance some loans that are currently becoming due since, according to City Attorney's opinion, the City is not in a position to donate land because that would be determined to be a gift of public funds. Therefore, a one year rent reduction program is recommended to assist in Channel 22's debt consolidation, as well as investigating possibilities of offering the City land for sale to Channel 22 at a reasonable price so donors could be encouraged to participate in a long term program to support Channel 22 by making contributions to a land purchase fund. Suggestion was also made that some high powered business people should be on Channel 22's Board to assist in the promotion of this effort. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, to waive Channel 22's rent for one year in keeping with Council's tentative agreement. Earth Nitric EIR's: Assistant to the City Manager Netter said there was a fourth Condiotti Lhiversity item under Planning and Zoning matters for Council to discuss Center Project & and give consideration to declare as an emergency item since a Hone Depot Project letter was received today, which was too late to be printed on tonight's agenda in regard to a proposal from Earth Metrics Inc. on EIR's for Condiotti's Lhiversity Center Project in the amount of $13,900 and Home Depot Project in the amount of $14,900 or for a combined total of $25,000 for both. Discussion followed confirming location on East Cotati Avenue, collection of fees for the costs of the EIR's from the property owners, the need for proper findings, and the pros and cons of declaring an emergency item rather than delay this decision to the next meeting because of the need for answers regarding sphere of influence. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, to declare the EIR proposals from Earth Nbtrics an emergency item and approved by the following roll call vote: AYES: (4) Councilmembers Cochran, Hopkins, Spiro, and Mayor Hollingsworth NOES: (1) Councilman Eck ABSENT: (0) None Rohnert Park City Council Minutes (12) November 13, 1990 A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, for the hiring of Earth Metrics to complete the EIR's for Condiotti's University Center Project and the Home Depot Project as submitted and directed staff to collect necessary dollars from the property owners to pay for the costs of the EIR's. Resolution No. A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL APPROVING A 90-258 FRANCHISE RENEWAL AGREEME WITH M L MEDIA CABLE TV Assistant to the City Manager Netter explained that copies had been provided to Council of staff reports and resolution for consideration regarding Cable TV Franchise Renewal Agreement with M L Media TV and shared the contents therein concluding in staff's recommendation to approve the stage term franchise renewal agreement as presented with the addition to the agreement that if the required rebuild is not completed within a six year period the City would receive $250,000 as damages from M. L. Media with no strings attached. Discussion followed during which it was concluded that two years was more than adequate and reasonable for the rebuild. Consultant Carl Pilnick said the $250,000 damages provision gives Council a comfort level and the option to start renegotiating in six years if the rebuild is not completed within that time frame. Council extended compliments to M. L. Nbdia for doing an excellent job in inproving relations over the past four years. Upon motion by Councilman Eck, seconded by Councilmember Spiro, staff was authorized to work with M.L. Media to finalize the language in the agreement and Resolution No. 90 -258 was adopted by the following vote: AYES: (4) Councilmembers Cochran, Eck, Spiro and Mayor Hollingsworth NOES: (1) Councilman Hopkins ABSENT: (0) None Solid Waste WttPrrG Assistant to the City Manager Netter reviewed that staff and Council Comnittee Member Eck met with Kevin Walbridge, Manager of Empire Waste Management on the composting pilot program that was brought to Council's attention a few meetings ago during which W. Walbridge indicated that Santa Rosa was in the process of commencing its pilot program. The Council discussion resulted in the conclusion that Rohnert Park my be more advised to wait for the results of Santa Rosa's program and save a substantial amount of costs in not performing a Pilot of its own but use the Santa Rosa's statistics to determine the success of such a program in Rohnert Park. It was felt that money could be better spent toward educating the com=ity on recycling and other solid waste items that wi l l be mandated to the City in the next few years and will be a major impact to the citizens of Rohnert Park. W. Netter said Rohnert Park City Council Minutes (13) November 13, 1990 Kevin Walbridge was unable to attend tonight's meeting as expected and introduced Linda Medders, Recycle Manager of Empire Waste Management to give a brief presentation on AB 939 Overview and Strategy and discuss what Empire Waste Management is doing for Rohnert Park to address inpacts of AB 939. Mr. Netter said copies were provided to Council of Comprehensive AB 939 Overview and Strategy Report submitted to the City from Empire Waste Management. Linda Medders, Recycle Manager of Empire Waste Management addressed the Council and reviewed the above - referenced AB 939 report that covered the five components therein regarding source reduction, recycling, conposting, special wastes, and household hazardous waste. She said Rohnert Park is ahead of many coumunities that are just now being introduced to these issues and pointed out that the 50% goal of diversion through recycling will be a big job for everyone involved. She responded to Council questions regarding the complications and restrictions of a hazardous waste depot /permanent site in the City such as the Corporation Yard, that it was the preferred route to go and that goals should be established toward that direction. Discussion followed during which Council confirmed that the decision not to do the pilot yard waste composting program was not because of lack of interest but singly not to spend the money on a pilot program when Santa Rosa is in the process of doing one. Intentions were expressed that Rohnert Park plans to participate in such a program as soon as the results are available from Santa Rosa's pilot program. The City Council thanked Linda Niedders for her presentation. Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS, COYF CENTER, PROJECT 90-259 NO. 1990 -9 Assistant to the City Manager Netter referenced plans on display and explained that copies had been provided to Council of resolution for consideration and staff report regarding progress on the Commmunity Outreach for Youth and Families program. Discussion followed during which Mayor Hollingsworth conplimented Community Resource Specialist Kathy VanderVennet for doing a fine job on the COYF program. Council agreed. Upon motion by Councilmember Spiro, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 90 -259 was waived and said resolution was adopted. Performing Arts Director of Performing Arts Center Grice referenced copies Center Matters provided to Council of staff report regarding Performing Arts Center Nbtters and shared the contents therein regarding past PAC events, capital endowment fund campaign, marketing update and upcoming event "An Evening with Steve Allen" on June 7 & Rohnert Park City Council Minutes (14) November 13, 1990 8, 1991 with two resolutions for consideration with attached engagement contract for Steve Allen and rental agreement for State Farm Insurance for an exclusive appearance by Steve Allen that will help to recoup the costs of the event. W. Grice reported that the PAC has financially exceeded the projections in rentals and has not yet reached the projections in ticket sales. He said staff is well ahead of schedule in terms of endowment campaign and market planning. Resolution No. A RESOLUTION APPRUVING A CJC7NiRACT AGREEMENT WITH MEADOW LANE 90-260 ENTERPRISES, INC. FOR THE SERVICES OF STEVE ALLEN FOR Two PERFORMANCES TO BE HELD AT DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the reading of Resolution No. 90 -260 was waived and said resolution was adopted. Resolution No. A RESOLUTION APPROVING AN AGREEMfT WITH STATE FARM FIRE & 90-261 CASUALTY COMPANY, NORTHERN CALIFORNIA OFFICE, FOR THE EXCLUSIVE USE OF THE PERFORMING ARTS CENTER FOR A COMPANY EVENT ON SATLRDAY , JUNE 8, 1991 ( STEVE ALLEN EVENT) Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the reading of Resolution No. 90 -261 was waived and said resolution was adopted. Ccmninicaticns Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City bHnager's Report:Assistant to the City Manager Netter referenced copies SW B1vd.Shopping Ctr. provided to Council of letter dated November 1, 1990 from City Attorney Flitner responding to previous request from staff regarding Crown Market Shopping Center Rehabilitation (Southwest Blvd. Shopping Center) and shared some of the contents therein. City Attorney Flitner reviewed details of his above- referenced letter and responded to Council questions regarding the control of loitering and requirements for signs. He said the City should strive to encourage property owners to handle but if the Council thinks there is hazard that warrants an ordinance then the matter should be deferred to the Planning Commission for public hearings as the results would be needed to help draft an ordinance from the input of concerns expressed by the citizens. Council directed staff to follow up with letters to property owners in regard to cleaning up the site and the posting of signs. Rohnert Park City Council Minutes (15) November 13, 1990 Philippine Intrnl Assistant to the City Manager Netter referenced invitation Arnis/Kickboxing Team - specifically inviting the Mayor to attend the Philippine International Arnis /Kickboxing Team event at the Red Lion Inn on Friday, November 23rd to which Mayor Hollingsworth confirmed he would be able to attend. Codding Center / Assistant to the City Manager Netter said the dedication of Sr.Center Dedication the Codding Center /Senior Center is scheduled for November 15th at 1:30 p.m. Employee Potluck for Assistant to the City Manager Netter said and employee's City Nkjr.Retirematnt potluck for City manager Callinan's retirement is scheduled for November 16th at 1:00 p.m. Welcome Sign Assistant to the City Manager Netter referenced plans on display and described the "Welcome Sign" as revised from Council recommendations at the previous Council meeting. Council agreed to the revisions with comments to make sure the flowers are sweetpeas. Planting Program- Assistant to the City Manager Netter gave a brief update on the Tree Planting Program and said it is progressing nicely. City Attorney's Report: City Attorney Flitner said he had no further matters to report. Matters from Council: Councilman Hopkins said he had previously agreed to replace Trans.Authority Councilman Cochran on the Transportation Authority. Councilman Cochran said the current status of the Authority is that the committee is still going to be meeting. Bill Lucius Replcmt Councilman Cochran said he has been active for over two years on NIIC in matters regarding transportation issues and with the notice of Bill Lucius leaving, he would like to be recommended as the replacement on Metropolitan Transportation Com mission (MTC). Connuter Parking Lot Councilman Cochran said the northern city residents using the comTuter parking lot need an overhang built to keep out of the rain to which City Manager Callinan responded that construction of same started today. Post Election Thoughts -Mayor Hollingsworth said he thought it was a conpliment to the current City Council and encouragement from the comninity that it approves of the action of this Council by its vote to keep those on the Council who rerun for election. Commerce Blvd.Trees Councilman Eck asked if there is a timetable established for the trees on Commerce Blvd. and asked if the City is working out something to make Mr. Boggs and the merchants happy. He asked if low lying shrubbery could be planted at the same time the openings in the ground result from the removal of the trees. Mayor Hollingsworth responded with support. Rohnert Park City Council Minutes (16) November 13, 1990 D Park Sprinklers Councilmember Spiro said the sprinklers in D Park turn on during the middle of the day and requested the timing be adjusted. Natl Drunk /Drugged Mayor Hollingsworth referenced letter dated November 1, 1990 Driving Awareness Wk. from The United States Conference of Mayors declaring December 9 -15, 1990 as National Drank and Drugged Driving Awareness Week and recom ended a proclamation be prepared from Council. Adjournment A motion was made by Mayor Hollingsworth, seconded by Councilman Eck, and unanimously approved to prepare a proclamation declaring National Drunk and Drugged Driving Awareness Week December 9 -15, 1990. Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. No one responded. Mayor Hollingsworth approximately 10:28 p.m. .� De Cit Clerk ��; November 11, 1990 The Mayor and City Council of Rohnert Park, CA Dear Mr. Mayor & City Council members, The purpose of this letter is to request that you postpone a decision to accept or reject the Wal-Mart EIR; and instead return it to the Planning Commission for additional input because the report's author, Mr. Elgar Hill, failed to adequately address critical comments made during public hearings. At the Planning Commission's public hearing on the Wal-Mart draft EIR on Oct. 11, three of us (Jake Mackenzie and I tot- Concerned Citizens of Rohnert Park, and a spokesman for a group of county residents in the project area, criticized the adequacy of various elements in the draft report. Mr. Elgar Hill, the draft report's author, was also present at the hearing, was taking notes, and nodding acknowledgement of each critical point. At the conclusion of the public hearing, both Commissioner Giertz and Commissioner Jones made statements to the effect that answers to citizen concerns should be addressed by Mr. Hill. No action was taken on the graft EIR and Mr. Hill was told to return after all public comments had been received and addressed. Although minutes of the Oct. 11 hearings do not accurately record the full text of critical comments, I am enclosing an exact copy of the comments (in outline form) I gave verbally at the hearing. On Oct. 191 Mr. Hill returned to the Planning Commission with a revised Wal-Mart EIR. According to statements on p.5 of the approved minutes of that meeting: "Planning Director Skanchy introduced Mr. Elgar Hill, to respond to the questions raised at the October 11, 1990 Planning Commission meeting and the correspondence received. Mr. Elgar Hill, EIR Consultant, was recognized and stated he would like to correct Mr. Skanchy that he did not receive any verbal comments, Just written." In fact, there is no indication anywhere in Mr. Hill's revised EIR that citizen's comments made verbally during the Oct. 11 public hearing had been addressed at all. Nevertheless, Commissioners Mullins, Giertz, and Hamilton acting as the Planning Commission majority certified the draft EIR without any further questions. 0 On Nov .8° I again went before the Planning Commission to as why the Wal-Mart EIR had been certified without first requ�ring Mr. Hill to address citi�en's comments. To give examples of comments or questions not covered, I pointed out the revised (and certified) Wai-Mart EIR goes not --address concerns over the project generating heavier traffic along Millbrae Ave. (a sub-standard road) , the sharpness of the turn on Millbrae in front of the project, and the placement of a traffic Island part way into the turn; --rersolve the issue raised in the NW Rohnert Park EIR that the two lane roadway and railroad underpass at Commerce & HP/ .101 cannot adequately handle the high volume of auto/truck traffic generated by the project and safely permit bike and foot traffic; and --provide any analytical consideration whatsoever of housing needs generated by the project or of a workable mitigation plan. I was variously told by staff and Commissioners that: (1) Mr. Hill had told Commissioners that citizen concerns were adequately addressed already; (2) Mr. Hill had provided r additional witten replies to Planning Director Bkanchy who~ in turn, said he considered such reply to have satisfied EIR requirements, (3) juSt because citizens raise objections does not mean they have to be addresi_:;ed; and (4) I was told I did not understand the purpose of review comments on a draft EIR and that I was Just against the project. None of the above ahswers are the first two raise even more questions on proper procedures and information deliberately withheld, while the latter two are simply incorrect. The omissions and procedural deficiencies in this matter raise serious doubts as to legal compliance with state requirements. Also, the actions (or inactions) of the Plannlng Commission in the way it handled public Input to this EIR do not uphold the stated principles of City Council members to assure citizens they have a voice that will be heard by city government. For these reasons, I respectfully ask that you neither approve or disapprove the Wal-Mart EIR when it comes before City Council, but instead return it to the Planning Commission with directions to reconsider the adequacy of responses to critical, comments from citizens. If this ' request is not acceptable, I ask that you give my comments to Mr. Hill again and ask him to reply directly to the City Council. Respectfully yours,