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1991/01/22 City Council MinutesRohnert Park City Council Minutes January 22, 1991 The Council of the City of Rohnert Park met this date in regular session cormiencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Eck presiding. CA11L TD CRDER Mayor Eck called the regular session to order at approximately 7:29 p.m. and led the pledge of allegiance. Mayor Eck advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation matters and personnel matters. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Hollingsworth, Hopkins, Reilly, Spiro and Mayor Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Planning Director Skanchy, City Engineer Brust, and Assistant to the City Manager Leivo. Approval of Minutes Upon nation by Councilman Hopkins, seconded by Councilmember Spiro, the minutes of January 8, 1991 were unanimously approved. Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, the bills presented per the attached list in the amount of $1,022,988.03 were approved. Ncn—agendaed Mayor Eck queried if any Councilmember had any non- agendaed Matters items to add to the agenda. City Manager Netter said he had two items to add to tonight's agenda immediately following the Consent Calendar. Lkrscheduled Public Mayor Eck stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to mike a comment may do so at this time. Linda Branscomb Linda Branscomb, 21 Anne Way, expressed appreciation to the Council for the recent letter sent to President Bush supporting efforts toward peaceful solutions regarding the Persian Gulf conflict. She referenced Parks and Recreation development funds and encouraged Council to coordinate efforts with the Parks and Recreation Commission for a bike path to Crane Canyon Creek Park as previously discussed during the General Plan update. She referenced the political signs ordinance amendment for consideration on tonight's agenda Rohnert Park City Council Minutes (2) January 22, 1991 which limits the size of signs and asked if consideration' could be given to limiting the number of signs as well. She also supported televising City Council meetings and asked if the televised meetings could be broadcast at a time more convenient to viewers. C O N S E N T C A L E N D A R Mayor Eck queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Mbeting Memo. Mayor Eck requested Resolution No. 91 -19 be removed from the Consent Calendar for further discussion. Council concurred. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No_ A RESOLUTION ACCEPTING ACCESS RIGHTS FROM CERTAIN PROPERTIES, 91 -12 AND TRANSFERRING RIGHT OF WAY FOR THE WILFRED AVENUE FREEWAY RAMPS TO THE STATE OF CALIFORNIA, AND RESCINDING RESOLUTION NO. 90 -238 Resolution No. A RESOLUTION ACCEPTING A QUITCLAIM OF ACCESS RIGHTS, AND 91 -13 GRANTING A NEW ACCESS EASENENT TO LOCMIS Resolution No. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER 91 -14 TO FILE NOTICE OF COMPLETION TRAFFIC SIGNAL: E. COTATI AVE. @ SNYDER/MLRICE PROJECT NO. 1989 -1 Resolution No. A RESOLUTION APPROVING SPACE LEASE /RENTAL WITH PINE CREEK 91 -15 INVESTMENT CCfvPANY FOR OFICE SPACE AT CODDING CFWIER (SENIOR CENTER), 100 ENTERPRISE DRIVE Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 91 -16 CONCURRING WITH SONOMA COUNTY TRANSPORTATION AUTHORITY'S ACTIONS AND ACCEPTING DKS & ASSOCIATES' (CONSULTANTS) WORK SCOPE AND BUDGET FOR THE PREPARATION OF THE 1991 CONGESTION MANAGEI4ENT PROGRAM Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 91 -17 AUIiMIZING PAYMENT TO SONOM COUN'T'Y FOR ROHNERT PARK'S SHARE OF COSTS FOR THE 1991 CONGESTION MANAGEMENT PLAN Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -18 APPROVING ANF.IMMU NO. 3 TO THE AGREEMENT WITH OLD ADOBE DEVELOPMENT SERVICES, INC. (OADS) FOR PARK CLEANING SERVICES Resolution No. A RESOLUTION APPROVING AN APPLICATION FOR A RECYCLING, PUBLIC.,, 91 -20 EDU.ATION AND LITTER REDUCTION GRANT AND AUTHORIZING THE CITY' MANAGER TO EXECUTE THE SANE Rohnert Park City Council Minutes (3) January 22, 1991 Resolution No. A RESOLUTION APPROVING JOB DESCRIPTIONS AND SETTING CERTAIN 91 -21 PAY RATES AND RANGES FOR MUNTENANCE WbRKER II (PAINTER) AND ARBORIST Upon motion by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, with the exception of Resolution 91 -19, the Consent Calendar as outlined on the greeting's agenda was approved. Resolution No. A RESOLUTION RECOGNIZING AND coNM.ImING CARL'S JR. RESTAURANTS 91 -19 FOR VOLUNTARILY ADOPTING A NO SMOKING POLICY IN ITS ESTABLISHMENTS Mayor Eck said he strongly supports the smoiking ordinance of the City but there were some statements in Resolution No. 91 -19 that did not seem appropriate. The City should not advertise or publicize a particular establishment, nor should it appear to prohibit smoking within an establishment since the intent of the smoking ordinance was to provide non - smoking areas. This does not prohibit businesses to voluntarily ban smoking in their establishments if they desire. Discussion followed. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to reword the title of Resolution No. 91 -19 to specify "voluntarily adopting a no smoking policy" and to remve the last two paragraphs referencing patronization and publicity, and to indicate support as part of the Healthy Cities Project, Resolution No. 91 -19 was adopted. Parcel Map No. 126 City Manager Netter said documents regarding Parcel Map No. 126 were held up in the mail which prevented placing this item on tonight's agenda and asked the City Attorney to make a determination to declare an emergency item to accept Parcel Map No. 126 - Codding Enterprises /Price Club (which was previously approved) and authorizing the Mayor to sign letter agreement for Codding Enterprises to complete subdivision improvements. Discussion followed during which the time frame of progressive procedures was reviewed. City Attorney Flitner said this item falls into the category as a ministerial act and there would be no reason to hold up a contract. A motion was grade by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to declare an emergency item regarding the approval of Parcel Map No. 126. Rohnert Park City Council Minutes (4) January 22, 1991 A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to approve Parcel Map No. 126 - Codding Enterprises (Price Club) and authorize the Mayor to sign letter agreement for Codding Enterprises to complete subdivision inprovements. Public Safety Facility Bid Extension City Manager Netter said the second item to consider declaring an emergency item was regarding bids on the new Public Safety Facility. A lot of telephone calls have been received since the printing of tonight's agenda from general contractors requesting the bid date to be extended one (1) day from Nbnday, February 4th to Tuesday, February 5th to assist the contractors by providing additional time needed for completion of bids. Mw. Netter confirmed the scheduled opening would still be February 12, 1991. Discussion followed during which City Engineer Brust said over the years contractors have questioned Nbnday bid dates. A motion was made by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, to declare the extension of the bid date on the Public Safety Facility an emergency item. A motion was made by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, to extend the bid date one (1) day on the Public Safety Facility to February 5th, 1991. Resolution No. A RESOLUTION OF AWARD OF CONTRACT, COMMERCE BOULEVARD BIKE 91 -22 PATH, PROJECT NO. 1988 -17 City Manager Netter explained the resolution. Upon motion by Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 91 -22 was waived and said resolution was adopted. Resolution No. RESOLUTION OF THE ROHNERT PARK CITY COUNCIL APPROVING THE 91 -23 ISSUANCE BY THE CCNMMITY DEVELOPMWr AGENCY OF THE CITY OF ROHNERT PARK 1991 TAX ALLOCATION REFUNDING BONDS, IN THE AGGREGATE PRINCIPAL AMiJMr OF NOT -TO- EXCEED $13,500,000 City Manager Netter explained the resolution. Upon motion by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 91 -23 was waived and said resolution was adopted. Rohnert Park City Council Minutes (5) January 22, 1991 �. _. TV rn. John Giertz Mayor Eck invited John Giertz to the podium for presentation of a gift on behalf of the City Council upon his retirement as a Planning Commissioner. Mayor Eck acknowledged the efforts of Mr. Giertz as a Planning Commissioner and said the pen /clock desk set was a token of appreciation and esteem for his service to the community. AAA Pedestrian Safety John Forayter, representative of California State Automobile Citation Award -1989 Association, extended congratulations to the City of Rohnert Park for winning the AAA Pedestrian Safety Citation Award for the year 1989 and presented a plaque for same. Mr. Forayter complimented the efforts of the City's Public Safety Department and said the award was derived from a cross country review of approximately 2,500 cities of similar size. Mayor Eck accepted the plaque in the absence of Director of Public Safety Dennett who was unable to attend tonight's meeting. He said the Department of Public Safety certainly deserved the credit for its continued effectiveness toward the safety of the community. Country Family Mike Philipsheck, 5625 State Farm Drive, Suite 3, Festival representative of Country Family Festival distributed copies to Council of 1990 Profit and Loss Statement, list of 1990 vendors paid, June 30, 1991 Proposed Budget and Press Democrat articles dated June 22, 1990 regarding the Country Family Festival. He reviewed highlights of the past year's efforts and requested Council's approval for financial assistance in the amount of $2,500 toward the June 30, 1991 Festival event. Discussion followed during which Mr. Philipsheck responded to Council questions regarding the loss shown on the Profit and Loss Statement, the understanding of seed money, and acknowledgment that Country Family Festival should hereafter present its financial request to Council at the annual budget reviews in July. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, to approve $2,500 to Country Family Festival for financial assistance toward June 30, 1991 budget. Further discussion followed during which Council questioned the $1500 increased amount over last year's request and concluded a more thorough review would be advisable to be consistant with procedures and requirements of other similar requests for financial assistance. Compliments were extended to Mr. Philipsheck regarding the success of last year's Family Rohnert Park City Council Minutes (6) January 22, 1991 Country Festival and suggestion was made that he also provide for Council's review a list of the non - profit organizations that benefited from the festival. Councilman Hopkins made a friendly amendment to his motion to defer this item for further review at the next Council meting. Council concurred. Sister City Relations Gordon Adam, 5753 Dexter Circle, Chairman of Sister City Committee Relations Committee, expressed appreciation to Council for tI'ie recent annual Commissioner's Appreciation Dinner. He referenced copies provided to Council of letter dated January 12, 1991, and flyer regarding the First Annual Japanese Cultural Festival sponsored by the Rohnert Park Sister Cities Committee at the Burton Avenue Recreation Center on February 2nd, 1991 from 10:00 a.m. to 4:00 p.m. He said besides many cultural events there would be Japanese food and sake tasting. Nakusan Sake Garden, the sake manufacture distributor from Napa, will be having a Traditional Sake Barrel Braking at about 12:15 p.m. to 12:30 p.m. and requested Mayor Eck and (lice Nhyor Spiro to participate in this cereimny. Yr. Gordon invited other members of the Council to come and enjoy the festivities and help in judging a student international photo contest with students from both Hashimoto City and Rohnert Park. W. Gordon said another reason for appearing before Council tonight was that Sister Cities Committee is tentatively planning a trip to Japan to reciprocate the many visitors the City of Rohnert Park has had from Japan including exchange students. An additional purpose of the trip would be to establish guided tours, similar to the ones in which they would participate, for future visitors to Japan such as exchange students. International complications prevent travel plans this year, and therefore, Sister Cities Relations Committee will prepare financial request details for Council's review in the upcoming budget review in July. Miho Kite, 5716 Dexter Circle, said the Nhyor of Hashimoto City, Japan, is now running for his third term and requested Council to prepare a proclamation in honor of the Hashimoto City Mayor. A motion was made by Mayor Eck, seconded by Councilman Hollingsworth, and uananimously approved, to prepare a formal proclamation in honor of the Mayor of Hashimoto City, Japan. Discussion followed during which suggestion was made to send more redwood trees to Hashimoto City in honor of the Mayor as well as the proclamation. Council concurred. George Horwedel George Ho el, 7669 Camino Colegio, requested Council to televise City Council meetings and to investigate the following: 1) Use of the money provided in the cable Rohnert Park City Council Minutes (7) January 22, 1991 contract for the City to buy one or two high quality cameras;_ 2 ) determine when City Hall wi l l be raving from the current location and decide if it would be advisable to install the two -way line provided in the cable contract; 3) Discuss the possibility of using high school students to film the meetings as a training exercise at the next joint meeting with the School Board; 4) Negotiate with M. L. Nbdia, until Council meetings can be televised live, to set an evening time (preferably Wednesday evenings) and ensure advertisement on Channel 6; 5) Put a notice in the City's newsletter about the televised Council meetings. Mr. Horwedel concluded his comwnts and said, in summery, that television is a useful tool not only for the senior citizens but also for others to learn mire in -depth information than the newspaper, word of mouth or minutes can provide. Provisions in the cable contract should be used to ensure that televised Council meetings be a first class service for the City's residents. Discussion followed during which Council acknowledged the public interest group currently filming the Council meetings on a voluntary /no charge basis and asked how long this service would continue. George Barich, 931 Copeland Creek Drive, said the public interest group would continue to televise City Council meetings as long as funds are available. He asked if Council could put pressure on Channel 6 to televise the Council meetings in the evenings. Discussion followed during which Council agreed a letter could be written to Channel 6 requesting evening viewing time of the televised Council meetings but clarified that Council has no authority regarding such scheduling. Publicity of the televised meetings could be advertised via public news letters. Concerns were expressed regarding the anonymity of the public interest group, false statements within the trailer ads run during the televising of Council meetings, and whether or not such could be considered slanderous. City Attorney Flitner responded that it is very difficult in today's world to establish slander of a public official. Council reviewed inclinations to have a cable TV franchise that could be editorialized and consideration of same with MiltiVision Cable TV Corp. Comments were made that there did not seem to be any overwhelming public support for televised Council meetings. A motion was made by Councilman Reilly, seconded by Councilmember Spiro, to send a letter to Channel 6 requesting Council meetings to be televised in the evenings without the editorializing trailers. Councilman Hollingsworth made an amendment to the motion to televise the meetings in entirety. Discussion followed concluding that such an amendment would conflict with televising procedures such as news reporting which was Rohnert Park City Council Minutes (8) January 22, 1991 not within Council jurisdiction or authority. The amendment was withdrawn. City Nbnager Netter confirmed that Council cannot prohibit the trailer ads run during televising of Council meetings and that the only control would be through Council's authorization for M.L.NL=dia to tape the meetings. Councilmember Spiro withdrew her second to the motion because there is no guarantee that the Council meetings can be televised without the trailer ads. Further discussion followed. Councilman. Hopkins seconded the above motion by Councilman. Reilly to send a letter to Channel 6 requesting Council meetings to be televised in the evenings without the editorializing trailers and failed by the following vote: AYES: (2) Councilmen Hopkins and Reilly NOES: (3) Councilmembers Hollingsworth, Spiro and Mayor Eck ABSENT: (0) None ABSTAIN: (0) None A motion was made by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, for the cable television Council Committee to meet with staff and M.L.Media and report options at the next Council meeting in reference to televising Council meetings through the cable TV company. RECESS Mayor Eck declared a recess at approximately 8:35 p.m. RECONVENE Mayor Eck reconvened the Council meting at approximately 8:45 p.m. with all Councilmembers present. Parks and Recreation Councilman Hopkins said, due to extenuating circumstances, he Commission recommended appointing Roger Kreischer emeritus status on the Parks and Recreation Commission in recognition of his years of service and so he can continue being an active part of the Parks and Recreation Commission. Discussion followed. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, to appoint Roger Kreischer emeritus status on the Parks and Recreation Commission. Mayor Eck said the new appointmnt to the Parks and Recreation Commission would be made at the next Council meeting. Ordinance No. 531 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 2.24 OF THE ROHNERT PARK WNICIPAL CODE TO REDUCE THE NUMBER OF MEMBERS OF THE REGULAR MENEERSHIP OF THE CULTURAL ARTS CCMISSION FROM SEVEN MEMBERS TO FIVE VENEERS Rohnert Park City Council Minutes (9) January 22, 1991 City Manager Netter explained the ordinance which was introduced at the previous Council meeting. Upon motion by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, Ordinance No. 531 was adopted. Cultural Arts Mayor Eck designated and assigned the existing Cultural Arts Commission Commissioners to be represented by individual Councilmembers as follows: LaVonne Bain to Councilman: Hopkins Betty Ferra to Councilman Hollingsworth Linda Holm to Councilmember Spiro Nancy Seymour to Mayor Eck Vacancy (when appointed) to Councilman Reilly A motion was made by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, to approve the individual appointments and assignments to Cultural Arts Commission as listed with term dates to coincide with each assigned Councilmember. Camcil Committee/ City Manager Netter reviewed details of committee assignments Liaison Assignments that were not confirmed at the previous Council meeting. The Library Board meets four times a year on the third Tuesday in the months of January, April, July and October at 7:30 p.m. at the Rohnert Park Library. Councilman Hopkins responded that he was unable to attend these meetings to which Councilman Reilly offered to be liaison. Council concurred. City Manager Netter said staff could find no information regarding the existence of the North Bay Advisory Committee of Bay Area Transit or the Water Agency Policy Committee. Council concurred to remove both from the Council Committee /Liaison assignment list. City Manager Netter reveiwed details of the need to add Visitor's & Convention Bureau Committee to Council Committee assignments to which Council concurred to appoint Councilman Hopkins and Councilmenber Spiro. Planning and Zoning: Planning Director Skanchy said copies were provided to Council File No. 1219 of staff report regarding File No. 1219 - Municipal Code Sign Ordinance Amendment, Ordinance No. 532, for introduction amending Chapter 17.38 of the Rohnert Park M- nicipal Code in regard to the size of campaign signs and shared contents therein. He said the Planning Commission held a public hearing on January 10th regarding this matter resulting in its recommendation to Council to amend the sign ordinance to limit the size of political signs. Rohnert Park City Council Minutes (10) January 22, 1991 Discussion followed regarding sign examples and provisions already in the current sign ordinance. City Manager Netter said notices were published regarding a public hearing for the introduction of Ordinance No. 532. Public Hearing Mayor Eck opened the public hearing at approximately 9:00 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. Jake M4acKenzie Jake MacKenzie, 1536 Gladstone Way, referenced recent political signs in his yard for recent Council candidate Harvey Bell and asked if the intent of this ordinance was to limit his ability to put up several signs, if desired, for one candidate to which City Attorney Flitner responded that the ordinance would prohibit the use of several signs for one candidate since it would be considered one sign in context and the ordinance limits to one single candidate. There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 9:05 p.m. Discussion followed. A motion was made by Councilmember Spiro, seconded by Councilman Hollingsworth, to introduce Ordinance No. 532 with amendment to remove the stipulation "any one candidate ". A motion was made by Mayor Eck, seconded by Councilman Hopkins, to include "any one candidate" in the introduction of Ordinance No. 532 and failed by the following vote: AYES: (2) Councilman Hopkins and Mayor Eck NOES: (3) Councilmembers Hollingsworth, Reilly and Spiro ABSENT: (0) None The original motion failed by the following vote: AYES: (2) Councilmembers Hollingsworth and Spiro NOES: (3) Councilmen Hopkins, Reilly and Mayor Eck ABSENT: (0) None Mayor Eck confirmed Ordinance No. 532 was not introduced. File No. 1384 Planning Director Skanchy said copies were provided to Council this evening of Staff Summary regarding File No. 1384 - Expressway Mall Focused Environmental Impact Report (EIR) dated October 1990 which is recommended for certification by the Planning Commission. He said copies of all correspondence, minutes and Planning Commission Resolution 91- 01 were provided to the Council for the Expressway Mall Draft Rohnert Park City Council Minutes (11) January 22, 1991 Focused EIR as well as documents pertaining to the public hearing of the Planning Commission. Planning Director Skanchy stated that the consultant Elgar Hill had responded to all verbal and written comments submitted at the Planning Commission public hearing of January 10, 1991. City Mhnager Netter said a public hearing is scheduled for tonight's meeting and a resolution was prepared and presented to Council for consideration certifying the Draft Focused Environmental Impact Report for the Expressway Nhll with all public comments and responses thereto as the Final Environmental Impact Report for the Expressway Nall area. He reviewed traffic concerns to which Council pointed out the need to replace the wo u "overc:cossing" as referenced in the EIR at State Farm Drive and U.S.Highway 101 with the word "undercrossing" to be in agreement with previous stipulations in the General Plan. W. Netter also reviewed mitigation Treasures, Table 5.1 which summarizes impacts and mitigations, and Table 3 -2 on intersection Level of Service (LOS) compared to standards in the General Plan. Nt% Netter said Elgar Hill, Environmental Analysis and Planning Consultant, was available at tonight's meeting to respond to Council questions. Discussion followed during which City Engineer Brust confirmed the regulation of trucks to non -peak hours during construction, explained that additional lanes at Labath Avenue were for the new road south of Expressway to serve the shopping center, and confirmed that a good share of mitigation measures involve Caltrans and that the effect of widening U.S. 101 occurs on cumulative impacts of which the Plaza is not that great on U.S. 101 after the first phase. City Engineer Brust confirmed that construction funding is not here yet and that the City is helping in the design work for U.S. 101 Expressway ramps. He said local government will have to carry more and more of the burden and the EIR does not have to identify funding. He reviewed U.S.101 /Expressway improvement phase possibilities to consider at local cost with Caltrans approval. Elgar Hill, Consultant for Expressway Nall EIR, responded to Council questions and noted that mitigation measure implementations need to be monitored. Public Hearing Mayor Eck opened the public hearing at approximately 9:40 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. George Horwedel. George Horwedel, 7669 Camino Colegio, referenced the City of San Jose as an example and recommended requiring the contractors use reclaimed wastewater during the construction of the Expressway Nall. Rohnert Park City Council Minutes (12) January 22, 1991 Jake MacKenzie Jake MacKenzie, 1536 Gladstone Way, noted that the Transportation Measure B failed, that U.S. 101 has no local funding for widening and this project will add to traffic congestion. He expressed concern about energy and said reliance on energy should be reduced and that this project is totally reliant on use of the automobile. Though sales tax is an interest to the community, there seems to be a rush to proceed with this project, W. MacKenzie referenced comet trents from the Department of Transportation and said deferred development alternatives in the EIR should be considered. This process has presented a snapshot of where we are in history. How the street improvement will be financed should be fully explored. W. MacKenzie concluded his commuents with the prediction that the construction of mitigation measures will not be seen. Dave Nbchel Dave Mochel, 6050 Commerce Blvd. , distributed copies to Counc i 1 of two letters dated Janua %Y 22, 1991, and read the contents therein (copy attached to original set of these minutes) in which he requested an Economic Impact Report be obtained before proceeding any further with Expressway Mall projects, and requested Council to reject tonight's EIR until a reasonable mitigation can be found or the project is revised or delayed. Hugh Codding Hugh Codding, 6400 Redwood Drive, reviewed the twenty -five year history of this project and said the first EIR was done twenty _years ago and, therefore, this was certainly not a "hurry -up" project. He also reviewed the history of the construction of the Expressway overpass which was not there when Codding Enterprises acquired the property and was built at their entire expense as well as 116' wide right- of -wey from U.S.101 down to Hinebaugh Creek which has now been extended, thanks to the City. W. Codding commpared Caltrans funding to provisions of a large family that are not usually produced until necessary. He reviewed the development process of Codding Town and pointed out that the same people are currently using the overpass to drive to shopping outside the area that will use it to shop in the area. He concluded his comments by saying that the City of Rohnert Park has the least sales tax revenue per capita of any city in Sonoma County and looks forward to the day when it has the most and, therefore, put this project in the hands of this Council. There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 10:10 p.m. Discussion followed during which the Mayor said documents presented in the public hearing would be incorporated into the Environmental Impact Report. Planning Director Skanchy Rohnert Park City Council Minutes (13) January 22, 1991 confirmed that an economic impact report on the Expressway Mall has not been required, and is not required by law. Council queried how long would it take to obtain an Economic Impact Report to which Planning Director Skanchy responded at least several months. Council reviewed efforts to mitigate traffic impacts such as traffic signals at Petaluma Hill Road and extending Expressway to Stony Point Road to provide alternate routes from freeway. This project has been planned for the last twenty -five years and there should be no further delays. The City has no control over U.S.101 and should not fall into budget trap. Comments were made that the U.S.101 traffic will be there whether the Price Club parcel is developed or not, and there is the possibility that this develop-rmnt wi l 1 keep local traffic off U. S .101. Couiici 1 concurred support for commercial development and concluded the Expressway Mall EIR to be adequate. Resolution No. A RESOLUTION OF THE CITY COLNCIL OF THE CITY OF ROHNERT PARK 91 -24 CERTIFYING THE DRAFT FOCUSED ENVIRONNEMAL IWACT REPORT FOR THE EXPRESSWAY MALL WITH ALL PUBLIC CON4WM AND RESPONSES THERETTt7 AS THE FINAL ENVIRON MAL IWACT REPORT EXPRESSWAY MALL Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 91 -24 was adopted. Ambulance Service City Manager Netter said City Attorney Flitner is in the process of working on the ordinance for introduction with County Counsel regarding ambulance service and would be deferred until after the Board of Supervisors acts on the Ambulance Franchising Proposal. Garbage Rates City Manager Netter explained that copies had been provided to Council of staff report and resolution for consideration regarding 1991 Refuse Collection Rates and shared the contents therein summarizing that staff recommended $1.25 per month increase in residential rates and 25% increase in commercial rates. He said further financial information will be received by late February or early March in regard to finalizing the calendar year 1990 in accordance with the agreement with Empire Waste Management. Public Hearing Mayor Eck opened the public hearing at approximately 10:25 p.m. and asked if there was anyone in the audience wishing to speak ftgarding this matter. Howard Boggs Howard Boggs, 5430 Commerce Blvd., said commercial rates already increased a number of months ago when the garbage company started charging for picking up cardboard boxes. He said commercial rates subsidize residential rates. If the suggestion of volume metric rates were applied, a substantial reduction in commercial rates would probably be found. Rohnert Park City Council Minutes (14) January 22, 1991 There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 10:27 p.m. City Manager Netter said Empire Waste Management previously provided a free service for picking up cardboard boxes. Cardboard pickups (Cotmiercial Recycling) is not a provision of the franchise. When the market for cardboard fell due to recycling competition, it became necessary to charge for the service and was previously approved by Council. Kevin Walbridge, General Manager of Empire Waste Management confirmed that commercial recycling competition made it necessary to charge for picking up cardboard boxes. The service is now by consumer choice and offered to customers with a charge option. Commercial recycling is outside the terms of the franchise. Discussion followed during which Council reviewed the impact of a garbage rate increase in various situations. Reasons for cost increase need to be communicated to the commmity. Those that put out less trash should be charged less and relief should be granted on a case by case basis. Kevin Walbridge responded to Council questions and said Empire Waste Management is providing volume variation in that sixty gallon containers are now available for those who do not need the ninety gallon can, and the industry is also developing a forty -five gallon container. In the meantime, Senior Citizen rates and people in income straps could be given individual consideration. He said efforts should be made toward a variable rates system. Commercial rates in Rohnert Park continue to be less than those in surrounding cities, and is the first city to have a multi- family recycling program. Further discussion followed during which Council reviewed concerns regarding the need for waste reduction and meeting goals of AB939. Council agreed that Empire Waste Management, Council Committee and staff should work out proposals regarding variable charges for individual consideration and Senior Citizen discounts for possible consideration at a future time. Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHN= PARK SETTING 91 -25 GARBAGE AND RUBBISH OR REFUSE COLLECTION RATES Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, reading of Resolution No. 91 -25 was waived and said resolution was adopted by the following vote: AYES: (4) Councilmembers Hollingsworth, Hopkins, Spiro and Mayor Eck NOES: (1) Councilman Reilly ABSENT: (0) None Rohnert Park City Council Minutes (15) January 22, 1991 Councilman Reilly said he preferred to see the above - referenced proposals before consenting to approval of the increase in garbage rates. Council Committee reports: AB 939 Workshop Mayor Eck referenced copies provided to Council of materials from the AB939 Workshop on January 17, 1991. He said there was very good citizen participation and recormiendations will be incorporated in the plan. Housing City Manager Netter referenced copies distributed to Council regarding Rohnert Park sites for housing in connection with the development of the Community Development Block Grant application. He reviewed site search priority choices of staff and Council Committee Mbmbers Eck and Reilly concluding that the East Cotati site is first priority, Santa Alicia /Community Garden site is second, and the Southwest Boulevard Shopping Center site is third. Discussion followed during which concerns were expressed by Council to retain the East Cotati site for student housing with response that it would be available to students on the low income basis, but should not be restricted in this effort to students since this housing should be available to all types of residents in need. City Mmager Netter said that the Rohnert Park Expressway site (proposed hospital site) needs to be retained as a potential hospital site /health facility due to property stipulation and Council confirmation several years ago. Mayor Eck said an initial draft of options is being prepared for the creation and formation of a housing task force and should be finalized by the next Council meeting. A motion was made by Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, for the housing committee to proceed in the order as listed and work out a more formal proposal for Council's review. PMO RN to CDA Mtg. Mayor Eck adjourned the City Council meeting at approximately 10:53 p.m. i n order to proceed with the Com-Yun i ty Development Agency meeting. PBOCNVENE Mayor Eck reconvened the Council meeting at approximately 10:55 p.m. with all Councilmembers present. Council Committee reports (continued): Golf Course Council Committee Member Hollingsworth reported on recent meeting with Mountain Shadows Resort. Items reviewed were golf course open hours, fencing problems, pedestrian traffic on Hinebaugh Creek, and request idea from Mbuntain Shadows regarding donated trees for the golf course. Mayor Eck said Rohnert Park City Council Minutes (16) January 22, 1991 maybe the Commerce Blvd. trees scheduled for removal could be utilized on the golf course. City Engineer Brust responded to Council inquiry regarding the use of treated waste water in connection with high salts causing yellowing of the grasses and said test results were received today confirming that it is not the waste water causing the problem but due to lack of water over the four years since irrigation without deep flushing causes surface salt to form. Communicatioms Com nitn i Cat i one per the attached out 1 i ne were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City btw ager's Report: Cynthia Hallett City Manager Netter said copies were provided to Council of Lawsuit letter dated January 14, 1991 to REWF regarding Cynthia L. Hallett lawsuit for Council's information. Socmma County Library City Manager Netter referenced copies provided to Council of letter dated December 27, 1990 from Sonoma County Library Director, David Sabsay with attachment of California State Library's ratings on the grant the City submitted under the California Library Construction and Renovation Funds Program and shared the contents therein. The City's ranking is one that would not be expected to be funded and, therefore, Mr. Sabsay is requesting the City to use local funds to continue pursuit of the Rohnert Park Library expansion project. City Manager Netter recommended Council's approval to work with Mr. Sabsay, the City Engineer and other staff members to review the plans and develop a program to at least have architectural drawings completed and set aside until funding is available. It is estimated that architectural fees should not be more than $50,000 to $70,000. City Engineer Brust indicated site plans and preliminary design could be done for about $10,000. Discussion followed during which Council concurred to defer this matter to a future Council meeting. SB 132 (Craven) City Manager Netter said copies were provided to Council of the Mayor's letter dated January 22, 1991 to Senator Craven regarding support of SB 132 which would return local control of mobile home rent control to cities and explained the matter and impacts to the Council. Discussion followed. Patrolling Schools City Manager Netter referenced copies provided to Council of report from the Division Commander outlining a preventative patrol plan that has been implemented by the Department of Public Safety due to recent reports of suspicious acti- vity near several of the schools located in Rohnert Park - Cotati area. Rohnert Park City Council Minutes (17) January 22, 1991 Bond Sale City Manager Netter said the bond sale approved at the previous Council meeting regarding the Certificates of Participation to provide the funding to complete the construction of the new Public Safety Facility took place via the underwriting firm of Stone & Youngberg at net interest cost of 7.14% which is very good. Larry's Sanitary City Manager Netter said Larry's Sanitary, Contractor for City of Cotati, has requested a joint program for the hazardous materials pick -up day to be held in May or June 1991. The City of Cotati would agree to pay their portion of fixed costs and a per vehicle charge for all materials collected from Cotati residents. City Manager Netter indicated that Empire Waste Management does not have a problem with the joint program and said may even save costs for Rohnert Park. City Council concurred to allow this joint program. Caltrans City Manager Netter said for Council's information, Caltrans has allowed the City to go ahead and hire its own engineering firm to begin design and construction plans for the Expressway U.S.101 overcrossing widening project. Council agreed to proceed as previously indicated in an amount not to exceed $300,000. Open Space District City Manager Netter referenced letter sent by Tom Schoflin in Feting regard to a workshop on the Open Space District at the Board of Supervisors Chambers at 9:00 a.m., Mbnday, January 28th, to which Council responded that someone ought to attend the meeting. Mr. Netter indicated staff would attend and recommended City representation on the subcommittee and recommended the north city area be purchased as permanent open space as a community separator School Board Joint City Manager Netter said a joint meeting is scheduled with the Feting Rohnert Park- Cotati School District at 6:30 p.m. on January 29th at the Mbuntain Shadows Resort Restaurant. REMIF Armual Board City Manager Netter informed Council that he and Finance Feting Director Harrow would be attending REMIF's Annual Seminar /Board Meeting in San Francisco on January 30 through February 1, 1991. League of Calif. City Manager Netter said that he and Assistant to the City City Manager's Manager Leivo would be attending the League of California Conference Cities City Manager Conference in Mbnterey on February 6th through February 8, 1991. Rohnert Park City Council Minutes (18) January 22, 1991 City Attorney's Report:City Attorney Flitner said he had nothing to report at this time. Matters from Council: Japanese Cultural Mayor Eck said invitation was extended earlier in the meeting Festival by representatives of Sister City(s) Relations Committee to attend the "Japanese Cultural Festival" at Burton Avenue Recreation Center on February 2nd, 1991. League of Ca.Cities Mayor Eck said the League of California Cities Empire Division Ecpire Div.Meeting meeting will be in Ukiah on February 9, 1991. Mayor Eck and Councilman Reilly confirmed each would be able to attend. Cloverdale Citrus Mayor Eck said the Cloverdale Citrus Fair Parade will be on Fair Parade Saturday, February 16, 1991 with Council participation requested. Mayor Eck and Councilman Reilly confirmed each would be able to attend and participate as requested. Senior Legislative Mayor Eck said the Senior Legislative Forum will be held at Forum the Rohnert Park Senior Center on February 1st, 1991 from 9:00 a.m. to 12:00 noon. Agendas Councilmember Spiro queried if there was any way the Council meeting agendas could be shortened. Discussion followed. Lhsckieduled Public Mayor Eck asked if anyone in the audience wished to make an appearance at this time. No one responded. Adjournment Mayor Eck adjourned the meeting at approximately 11:06 p.m. to January 29, 1991 at 6:30 p.m. at the Nbuntain Shadows Resort Restaurant for a Joint Nbeting with the Cotati - Rohnert Park Lhified School District. A Y n r De Cit 1er Mayor ~ GAS Jan. 22. 1991 The Mayor and City Council City of Rohnert Park Thank you for the opportunity to comment on the draft EIR for the Expressway Mall proposed to be built along the newly extended western end of Rohnert Park Expressway. The draft EIR report clearly describes a set of alarming impacts that would be caused by this project. In combination with the proposal to build a Wal-Mart store and a variety of other mass merchandise and fast food outlets on the west side, this project will lead to consequences that no rational person would consider desireable. The cost of mitigating the undesireable impacts will be staggering. According to the draft EIR, some of these adverse impacts can and should be mitigated by the developer. But the most costly corrective actions, such as widening the freeway and improving the interchanges, will have to be born by the county or state taxpayers. Since there is no money budgeted for these freeway projects, a tax increase will probably be needed. Costs of other growth-induced impacts such as public safety and public services will also have to be born by taxpayers. In addition to being a tremendous burden on taxpayers, these public tax expenditures amount to giving the developer a huge and profitable subsidy. The least tangible but perhaps the worst impact of all will be on the quality of life enjoyed by the average Rohnert Park citizen. Make no mistake; the combined impact of building all these mass merchandise and quick service stores will change forever the friendly, small town character of Rohnert Park. The daily frustration of dealing with ever worsening traffic congestion; the tension from living under ever more crowded conditions; the more inpersonal and less polite nature of life in a bigger city; the ever increasing threat from crime in our streets, parks and homes; the degradation of our air, water and open space; the increasing cost of public services that begins to drive away our least financially able residents--all these things will cheapen the high quality of life in Rohnert Park that we all now so much enjoy. A prominent individual told me that in time residents will learn to cope with a diminished quality of life or they will move on. This statement expresses a regretable insensitivity to the well being of Rohnert Park citizens-- an attitude that suggests the needs and wants of average citizens are not at the forefront around city hall. Why should coping or moving be the only two alternatives? I would guess that a great majority of us now living in Ronnert Park are here at least in some part to escape the declining quality of life in other, more populated areas. Why then should we give up, piece by piece, the high quality of life where we are living now? When are we going to say, "Enough is enough! We don't want to become the same kind of rude, cheap and unattractive place that some other cities have turned into as a result of greed and lack of concern." In view of these consequences, do we really want or need these projects? Citizens have said they would welcome some high quality commercial development. But these projects are not what we had in mind. The only justification we've heard for them is that we need the sales tax revenue they will generate. For what? We don't seem to have any difficulty coming up with $8 million for a new public safety building-- twice as big as we need. Or $1.5 million for a Wine Visitors Center to benefit mainly non-residents. Or millions more to expand sewage capacity way beyound modest growth needs. Also, how much tax money will we get back for each sales doilar--less than $.03? Does this small amount of tax rebate really offset all the costs we have to bear in order to subsidize the development that will hopefully produce it? None of these issues are adequately covered if at all by the EIR, yet they are the very things that need to be disclose(-.! so that citizens are able to make knowledgeable decisions about the environmental as well as the financial trade-offs. Without an economic analysis of the proposed commercial projects on the west side, we have no reliable or accurate data upon which to make an informed decision. The state law that requires Environmental Impact Reports also makes provision for Economic Impact Reports when the circumstances are relevant. Therefore, before proceeding any further with these projects, I request that you first obtain an Economic Impact Report on them. Respectfully yours, Jan. 22, 19%. The Mayor and City Councii City of Rohnert Park The draft EIR for the Expressway Mall states that traffic congestion will become much worse, backing up badly on Uotr, sides of the freeway, on the overcross, and on the freeway itself. Stated mitigation measures include widening tne freeway, building a new overcross, widening the existing overcross, and improving the interchanges. None of this can be done alone by Rohnert Park and the project developer will certainly not do it. Freeway projects are done by Caltrans, but Caltrans has no money budgeted, no plans made, and no date on future construction schedules to make freeway, overcross and,interchange improvements. Since the project sponsors and proponents (1) have no control over freeway improvements, and (2) they know that improvements aren't planned by Caltrans, then there is no reasonable expectation that freeway improvements will be constructed in the future at any forseeable date. Without such reasonable expectation, how can the EIR justify its description of freeway improvements being a mitigation for traffic problems? Is it really proper to identify an action as being an adequate mitigation if you have no control over whether it gets done and you know that no one eise plans to do it by the time its needed? What does the state law say about criteria for selecting and approving mitigation measures? These are not just rhetorical questions--they need answers. Unless there is an action project sponsors or proponents plan to take, or have reasonable assurance that some one else will take when needed, then there is no mitigation. For an analogy, imagine a developer coming in with a huge project that will generate $300,000 of user fees each year for the city, but it will also generate an extra 5 mgd of untreated sewage by 1993. Approving the project's EIR on the expectation that Santa Rosa will give Rohnert Park extra treatment capacity sometime in the future, but allowing the project to dump untreated sewage until then, would be considered very dumb. Who would allow a project to proceed with terrible environmental consequences if they couldn't mitigate them at the start? For one thing there would be large fines for proceeding without adequate mitigation. The Expressway Mall and other west side projects are going to produce terrible traffic impacts with many backups and certainly more traffic accidents unless the roadway conditions are mitigated. There is no daily fine for proceeding with the projects before mitigation is in place, but perhaps a clever attorney will begin to sue the city each time there is an accident that might not have happened if the traffic impacts had been properly mitigated at the start. City Council should therefore reject this EIR until a reasonalbe mitigation can be found or the project is revised or delayed. Respectfully yours,