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1996/08/13 City Council MinutesRohnert Park City Council Minutes ..... . . ....... August 13, 1996 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. CALL TO ORDER: Mayor Flores called the regular session to order at approximately 6:32 p.m. and led the pledge of allegiance. CLOSED SESSION report: Mayor Flores reported on the closed session which commenced this evening at 6:00 to discuss matters listed on the agenda attachment, representing an update, with no action taken at this time. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Flores Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner and Assistant City Manager Leivo. APPROVAL OF MINUTES: Corrections were made to the minutes of July 23, 1996 as follows: •Councilwoman Gallagher referenced page 9, third paragraph, to remove the last sentence about the designated supreme court case; *Councilwoman Spiro referenced page 6, item 7, to correct the speaker's name to Christa Shaw and signify she is from the Greenbelt Alliance affiliation; •Vice Mayor Eck responded to Councilwoman Spiro's concern referring to his comment "meets state housing requirements ", page 12, first paragraph, that he would be willing to add "our fair share" but did not agree to removal of the sentence as the minutes are only reflecting his opinion; •Councilwoman Spiro referenced page 15, last paragraph, regarding the signified joint meeting of North Bay Division of League of California Cities, to correct to "she is currently vice president "; correct the signified speaker on September 12 from "Frank Riggs" to "Pat Eckland "; and correct the scheduled topic to "environmental issues" •Councilwoman Gallagher referenced page 5, fifth paragraph, to correct to "no sewer capacity "; *Councilman Reilly referenced page 5, sixth paragraph, to correct to "is negative to no growth" *Vice Mayor Eck referenced page 4, second paragraph, to add for clarification to his comments "no one will argue LAFCO's jurisdiction but, at least, cities can be in control of their own service areas ". Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, minutes of July 23, 1996 were unanimously approved as amended. Ronnert Park City iouneii Minutes ' 2 ` AugList 13. 1996 APPROVAL OF BILLS: City Manager Netter responded to Council questions on this item. Councilwoman Spiro advised, for the record, that she has asked the City Attorney to let her know if she might have any kind of conflict pertaining to approval of City bills, as some of the businesses have supported her in the past and, also, some are her clients. Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, City bills presented per the attached list in the amount of $1,194,420.28 were unanimously approved. NON- AGENDAED MATTERS: Mayor Flores asked if Councilmembers or staff had any non- agendaed items to add to the agenda. Councilwoman Spiro signified two miscellaneous items to add. YOUTH REPRESENTATIVE to the CITY COUNCIL from 1996 -97 Youth of the Year Program Mayor Flores introduced Youth Representative Veronica Ham. Ms. Ham indicated she had no youth report to give at this time. SCHEDULED PUBLIC APPEARANCE: Gerry Miller, from the Santa Rosa Dixie Jazz Festival, August 23 -25, 1996, Red Lion Hotel in Rohnert Park, referenced informational publication provided to Council, along with All Events Badges, and extended invitations to the City Council to attend the 1996 DixieJazz Festival. UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time. Under legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Cindy Walsh, 4409 Glacier Court, advised from this time forward, all building construction concerns related to their home would be handled through her attorney and Condiotti's attorney. John Hudson, 399 Bonnie Avenue, reviewed concerns in regard to obtaining additional sewage capacity and referenced his previous effort to circulate petition for voter approval. CONSENT CALENDAR Mayor Flores asked if Councilmembers had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Rohnert Park Citv Council Minutes ( 3 ) August 13, 1996 Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution Nos: 96 -147 -B DESIGNATING, AUTHORIZING AND APPROVING INSTALLATION OF STOP SIGNS (Bonnie Ave. at Beverly Dr.) 96 -148 APPROVING AGREEMENT WITH OLD ADOBE DEVELOPMENTAL SERVICES, INC. TO PROVIDE JANITORIAL SERVICES AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER 96 -149 AWARD OF CONTRACT FOR RESURFACING OF TENNIS COURTS AT DOROTEA PARK AND BASKETBALL COURT AND TENNIS COURTS AT RAINBOW PARK 96 -150 RATIFYING APPROVAL OF JOINT APPLICATION WITH THE CITY OF COTATI FOR THE HELEN PUTNAM AWARD (re. partnership with Sonoma County Associates for Youth Development's (SCAYD's) unified school district youth counseling program) Ordinance for Adoption: No. 621 AMENDING CHAPTER 10.40 OF THE ROHNERT PARK MUNICIPAL CODE TO ALLOW CITY ENGINEER TO DESIGNATE CERTAIN STREETS WITHIN THE CITY AS PREFERENTIAL PARKING ARE FOR RESIDENTS AND ADJACENT MERCHANTS AND PROVIDING FOR APPROPRIATE NOTICE (BY POSTING OF SIGNS) Approval of Parcel Map 159 for 4.5 acre site on State Farm Drive to create 2 lots and accept dedication of 5' public utility easement adjacent to State Farm Drive. Upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. OTHER RESOLUTIONS FOR CONSIDERA TION: 96 -151 AUTHORIZING CITY MANAGER TO APPROVE PURCHASE ORDERS OR AGREEMENTS WITH CONTRACTORS THAT HAVE PRE - APPROVED HOURLY RATES AND ALSO TO RENT EQUIPMENT FROM CONTRACTORS THAT HAVE EQUIPMENT RENTAL AGREEMENTS WITH THE SONOMA COUNTY WATER AGENCY City Manager Netter explained this resolution for consideration, as reviewed in the Council Meeting Memo, and responded to Council questions. Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and unanimously approved, reading of Resolution No.96 -151 was waived and said resolution was adopted. Rohnert Park City Council Minutes ( 4 ) AuWj -.t 13 1906 96 -152 AUTHORIZING CITY MANAGER TO APPROVE PURCHASE ORDERS OR AGREEMENT WITH ARGONAUT CONSTRUCTORS AND /OR PACIFIC PIPELINE SURVEY FOR CLEANING COLEMAN CREEK PIPELINE City Manager Netter explained this resolution for consideration, as reviewed in the Council Meeting Memo, and responded to Council questions. Upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, and unanimously approved, designating this effort as a necessary emergency item and with friendly amendment by Councilman Reilly to comply with recommendation by Councilwoman Spiro that this information be made available to other interested contractors on a time and material basis, reading of Resolution No. 96 -152 was waived and said resolution was adopted. 96 -153 APPROVING THE CONTRACT TO RE -ROOF THE CITY HALL BUILDING City Manager Netter explained this resolution for consideration, as reviewed in the Council Meeting Memo, and responded to Council questions. Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 96 -153 was waived and said resolution was adopted. ORDINANCE FOR INTRODUCTION.• No. 622 AMENDING CHAPTER 9.70.030 OF THE ROHNERT PARK MUNICIPAL CODE (MOBILEHOME ORDINANCE) TO PROVIDE FOR ONE REGULARLY SCHEDULED MEETING PER MONTH OF THE RENT APPEALS BOARD City Manager Netter explained this ordinance for introduction and advised a public hearing has been duly noticed and scheduled for this item during the next City Council meeting of August 27, 1996. Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, reading of Ordinance No. 621 was waived and said ordinance was introduced. PLANNING AND ZONING MATTERS: File No. 1532 - 1995 Rohnert Park General Plan re. consideration of amending the Circulation Element City Manager Netter reported on this item regarding consideration of changing the Level of Service (LOS) traffic designation from LOS "D" category to LOS "C" category, which was previously discussed by Council and forwarded on to the Planning Commission for its review and consideration. The Planning Commission meeting minutes of July 25, 1996 provided to Council for review, signifies the discussion resulting in the 4 -1 vote of the Planning Commission to retain the Level "D" determination. The public hearing, duly noticed and scheduled for the July 23, 1996 City Council meeting, has been continued to this Council meeting. Rohnert Park Cite Council Minutes (S ) August 13, 1996 Discussion included Council concerns expressed pertaining to past recollections of setting or striving for LOS "C" with only designated areas signified at the lower levels. City Manager Netter responded to related Council questions. PUBLIC HEARING: Mayor Flores continued the public hearing from the July 23, 1996 City Council meeting at approximately 7:17 p.m. Public comments were submitted on speaker cards or other written and /or verbal communications for this item as follows: Linda Branscomb, 6585 Commerce Blvd. #188, reviewed reasons encouraging Council to consider the highest level of service feasible for the City, which included concerns of developers and consideration of citizens. She stressed the importance of keeping level C. Jake Mackenzie, 1536 Gladstone Way, expressed agreement with previous comments to strive toward level C. He recommended following the suggestion of Vice Mayor Eck that the General Plan reflect grandfathering the lower levels signified, establish the goal of C as the City's objective, and work toward solutions with the Sonoma County Transportation Authority which continues to review levels of service. There being no one further desiring to speak, Mayor Flores closed the public hearing at approximately 7:20 p.m. Council shared concerns and expressed varied opinions regarding factors related to the levels of service (LOS) in signified sections of the General Plan. Discussion concluded upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and unanimously approved, directing staff as follows: *to proceed with identifying areas in the General Plan currently below C level to be designated C level as a goal; *to grandfather the lower D & F levels signified for intersections such as Redwood Drive /Commerce Blvd., Wilfred Avenue /Golf Course Drive and Rohnert Park Expressway which was acknowledged as part of the Congestion Management Plan; *to make changes in the General Plan to be consistent with the Congestion Management Plan; *to research the City's General Plan entirely for consistency following any recommended changes. _ URBAN BOUNDARY POLICY -- Vice Mayor Eck acknowledged requesting this item be placed on the agenda for possible further discussion but, at this time, expressed the need to move on to the next agenda item. Rohn[_rt Park City Council Minutes ( ( ) Anmgst 14 1996 NOVEMBER 1996 BALLOT MEASURE MATTERS: 1. Submittal of arguments and rebuttal arguments for ballot /due dates for (1) Urban Boundary Policy and Fire Services Benefit Assessment District -- City Manager Netter referenced the staff report provided to Council for this item and explained Council may want to submit arguments for or against these two ballot measures. The deadline for arguments to be submitted by the City Clerk is August 19, 1996, not to exceed 300 words per measure. Arguments must be accompanied by a statement of accuracy completed by individuals submitting the argument. Rebuttal arguments must be submitted by August 29, 1996, limited to 250 word or less. Staff needs Council's direction regarding its desires for ballot arguments or rebuttal arguments on both measures. Mr. Netter advised that Ballot Measure M has been signified for the Fire Services measure and Ballot Measure N for the Urban Boundary measure. City Manager Netter and City Attorney Flitner responded to Council questions related to this item, as well as the language in Resolution No. 96 -144, which was adopted at the previous Council meeting, determining to submit the proposed Urban Boundaries measure to the electors of the City of Rohnert Park. Discussion included a motion by Vice Mayor Eck, seconded by Councilman Reilly, and approved with Councilwoman Spiro dissenting, to make revisions in the language for the Urban Boundary measure question submitted to the voters as follows: •change "Shall the City Council......" to "Shall the City..... "; *change "the existing City Limits" to "the existing City's sphere of influence" which will allow for inclusion of the Canon Manor area; and *add "with one exception being the Creekside Middle School site ". Councilwoman Spiro advised she could not vote in favor of the above motion without some type of disclaimer for the reference to "limiting population growth" in Exhibit A, the second item 1, for Urban Boundary Policy/Purposes and Findings. Subsequent to the Council action above, it was determined that August 9th was the last day to make changes in ballot initiatives. August 14th was the final date for removing a ballot initiative. Therefore, the original language must remain. A motion was made by Mayor Flores, seconded by Councilwoman Spiro, for Council to designate a member of the majority and minority to write the argument and rebuttal argument for the Urban Boundary Policy ballot measure. -- Vice Mayor Eck signified willingness to write the majority argument. -- Councilman Reilly expressed the desire for this to be separated into two motions. -- Mayor Flores agreed and indicated the motion for writing the majority argument. -- Council comments to the motion proceeded for the record as follows: Rohnert Park City Council Minutes ( 7 ) August 13, 1996 Councilman Reilly explained reason for objecting to the dual motion as he did not think Council should approve an item by majority and then write an argument against itself. He commented further that he had no problem with anybody writing against it, but did not want the impression that the Council which voted by majority to then turn around and say it was against it. He suggested there was not even a need to make the motion, but to let others write opinions if they want. Vice Mayor Eck indicated this would be Council deliberation and Council represents the pros and cons. He responded to above comments to put that on the ballot, then this would be a Council initiative and we agreed to do it by referendum. One of the reasons he wanted this was he thought they wanted the cards on the table. He thought Council may be closer to this issue and may be the best able to give opposing views. Councilwoman Gallagher signified she did not think Council should do either the majority or minority writings, but maybe should just have citizens write. She expressed the desire to go on record of not approving the motion if it goes to vote. Councilwoman Spiro referred to the previous General Plan review when Council had majority and minority presentations. At the last meeting, letters were handed out to the full Council and the City Attorney was asked to do an impartial analysis, like the letter for the Fires Services Assessment. She did not like the idea of expressing the majority and saying the minority cannot be heard. Mayor Flores responded to further concerns expressed by Council that ballot measure procedures allow a time period for rebuttals. The initial motion by Mayor Flores, seconded by Councilwoman Spiro, for designating majority /minority arguments, was approved by the following roll call vote: AYES: (3) Councilmembers Eck, Spiro and Mayor Flores NOES: (2) Councilmembers Gallagher and Reilly ABSENT: (0) None City Attorney Flitner advised the law allows the City Council first priority with regard to submittal of arguments and rebuttal arguments for the ballot, so he thought it would be appropriate to designate minority and majority submittals. Council has the first option and if not taken, will lose the opportunity allowed by law. -- Further discussion ensued. Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, designating Vice Mayor Eck to write the majority argument for the Urban Boundary Policy ballot measure, was unanimously approved. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, designating Mayor Flores to write the minority argument for the Urban Boundary Policy ballot measure, was unanimously approved. nouuen rarK Giy a.vu[ecii Minutes ( a ) EiUi`11Si 13, 1990 Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, for the argument for the Fire Services Assessment ballot measure to be written and signed by the full City Council, was approved with Councilmembers Gallagher and Reilly dissenting. Councilman Reilly explained he voted no on the above motion as he wanted to be consistent with both issues. 2. Fire Services Assessment hand billing (,after November election) update -- City Manager Netter explained that because of the issue of perception on implementation of the Fire Services Assessment prior to the vote of the people, staff recommends not including the actual billing on the October property tax bills, but to wait until after the November election and proceed with hand billing. The County will contract to do the hand billing and collections, and though it will cost the City a few dollars, it is the easiest and best way to proceed. This will alleviate any issues in regard to issuing of bills prior to the vote of the citizens. Council agreed. City Attorney - Impartial analysis for one or both measures -- City Manager Netter reported the City Council previously directed the City Attorney to prepare an impartial analysis on the Fire Services Benefit Assessment, but the above - reviewed resolution on the Urban Boundaries' issue did not include this language. If the Council desires the City Attorney to do the impartial analysis for the Urban Boundary ballot measure, it would be best to approve directing him to do so at this Council meeting. The City Attorney has until August 30, 1996 to submit the impartial analysis which shall not exceed 500 words. A motion was made by Councilwoman Spiro, with no second signified, directing City Attorney Flitner to proceed with the above - reviewed impartial analysis for the Urban Boundary ballot measure. Discussion followed. City Attorney Flitner referenced staff report provided to Council on this item which included Election Code, Section 9280, stating that after the ballot measure arguments are made, "the City Attorney shall prepare an impartial analysis... etc. ". Mr. Flitner commented this appears to be mandatory. -- Mayor Flores responded with direction to City Attorney Flitner to proceed on that basis and prepare the impartial analysis for the ITrban Boundary ballot measure. DEPT. OF PUBLIC SAFETY FIRE SERVICE STAFFING /General Fund Reserve allocation City Manager Netter explained this item, as reviewed in the Council Meeting Memo, which was deferred from the previous Council meeting following the Mayor's motion to authorize $361,000 to implement the designated Fire Services staffing. Mr. Netter referenced budgetary constraints and cautioned consideration of using additional General Fund reserves, as personnel costs are ongoing and not a one time expenditure. -- Discussion concluded in Council concurrence of the need to consider possibilities for additional budget cuts and defer this item for further review. Rohnert Park Citv Council Minutes ( 9 ) August 13, 1996 Charles Kitchen, 4945 Fern Place, reviewed comparisons of fire service funding reports of the City with the Fire District Board and other cities. He recommended the City look at other avenues for funding; complimented the police department while expressing concern about the need for better fire services, and that the City should cut costs, not services. Cindy Walsh, 4409 Glacier Court, reviewed her observations of the recent fires involving two homes on Garrett Court. -- Mayor Flores responded to Council comments on this item that it would be appropriate for the City Manager to obtain the complete report from the Department of Public Safety for Council's review. RECESS Mayor Flores declared a recess at approximately 8:35 p.m. RECONVENE Mayor Flores reconvened the Council meeting at approximately 8:45 p.m. with all Councilmembers present. PROPOSALS FOR USE OF CITY LANDS ADJACENT TO ROHNERT PARK STADIUM City Manager Netter reviewed staff report dated August 6, 1996 distributed to Council on this item providing information as follows: 1. Staff update on use of land and possibility of joint proposals (Eagle Golf & Soccer Sports Facility) 2. Review of analysis on rental options and reasonable rate of return Robert Dreher, President of Eagle Golf Corporation, referenced plans on display and reviewed revisions from plans previously presented, compensating for needs of the sewage pond, as well as confirming compatibility and adequate space for T's Academy and Community School proposals. -- City Manager Netter and Mr. Dreher responded to Council questions related to the combined proposals. Discussion included Council concerns regarding best use of the land including relationship to the Urban Boundary Policy ballot measure being considered; title of the location still in litigation; open space comparisons; overflow parking provisions for current activities at the stadium; and compatibility of proposals. -- Council signified the need to review space accommodations for T's Academy and the Community School proposals and agreed to further consideration of the proposals reviewed herein following title clearance and sewer ponds expansion mitigations, therefore held off until these items are finalized. EDGEWOOD APARTMENTS - Application for Bond Allocation City Manager Netter referenced staff report for this item, as reviewed in the Council Meeting Memo, and advised Ken Martin of Pine Creek Properties represents the Edgewood Apartments Project. -- Assistant City Manager Leivo shared contents of the staff report including the resolution for consideration at this time and responded to Council questions. Rohnert Dort City fnnndl Minutes ( in 1 As-vt lei. 1996 Resolution No: 96 -154 ASSIGNING OF BOND FINANCING FROM CITY OF ROHNERT PARK TO THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) Upon motion by Vice Mayor Eck, seconded by Mayor Flores, and unanimously approved, reading of Resolution No. 96 -154 was waived and said resolution was adopted. SANTA ROSA SUBREGIONAL LONG -TERM WASTEWATER SYSTEM- Receipt of Draft EIR City Manager Netter referenced this complete volume on display at the Council meeting and summary of same provided to Council. Mr. Netter requested Councilmembers to provide any information to be submitted to the City Manager for this item, prior to the close of the review period on October 7, 1996, for appropriate submittal to the City of Santa Rosa. -- Discussion concluded in Council requesting staff to order the CD -ROM available for this item and to invite City of Santa Rosa to make a presentation at the first October 1996 Rohnert Park City Council meeting to update the council on where we go from here, after approval of the EIR. Councilwoman Gallagher leaves -- Due to having an early appointment tomorrow morning, Councilwoman Gallagher left the Council meeting during discussion of the next agenda item at approximately 9:36 p.m. ESTIMATED WASTEWATER CAPACITY REPORT & WASTEWATER FLOWNEEDS REPORT City Manager Netter explained the staff report provided to Council for this item, as reviewed in the Council Meeting Memo, and responded to Council questions. Paul Stutrud, 712 Hudis Street, reviewed concerns regarding Rohnert Park's sewage capacity over the past couple of years with inconsistencies in flow meter readings and record keeping procedures for flow figures. He recommended considering further review of procedures in the City's Department of Public Works and the need for better figures before considering more sewer capacity for others. City Manager Netter advised the Director of Public Works involved a consultant for determining above - referenced figures, as signified in report previously provided to Council. Mr. Netter responded to further Council questions including explanation that, according to recent communications, the City of Santa Rosa is not too concerned about the marginal percentage fractions signified in the above - reviewed report and indicated an acceptable error factor of 5% to be reasonable. Also, Santa Rosa has agreed to pursue a loan from its capacity to carry over any overage until the subregional expansion is finalized. He requested Council's support for the City to continue to issue building permits for the designated previously committed and confirmed projects, including Lyon and Sterling homes near Hewlett Packard, Honeybrook Subsivision off Snyder Lane, and commensurate commercial/industrial projects. Rohnert Park Cite Council Minutes ( 11) August 13, 1996 Discussion ensued and, with the exception of Councilman Reilly expressing disagreement with proceeding any further into negative fractions for sewer capacities due to precautions for unknown factors, and with Councilwoman Gallagher absent, the remaining Council agreed it was prudent to approve issuance of the committed building permits as outlined by the City Manager as the commitment has to be respected and, therefore, directed staff to proceed on that basis and to provide Council with an updated computed wastewater capacity report at the next Council meeting, showing the affect of the 5% error factor in the overall capacity. WASTEWATER IRRIGATION PROPOSAL/ NORTH OF CITY -- City Manager Netter referenced the staff report provided to Council for this item, as reviewed in the Council Meeting Memo, regarding interest indicated by a rancher north of the City to receive irrigated wastewater. This would include parcels north of the Mountain Shadows Golf Course, i.e. the Peroni property and several other large parcels in the community separator area north of Rohnert Park. The City of Santa would need to be approached for a project to stub a pipeline into the north for this purpose. Vice Mayor Eck reviewed the proposal and said he wanted to bring it to Council's attention because of being interested in seeing the designated area used as green open space. He recommended a letter be written over the Mayor's signature to the City of Santa Rosa strongly endorsing this proposal. Council agreed. FRIENDS OF LIBRARY & ASSOCIATION OF ARTS PORTABLE BUILDING re. Fire Sprinkler requirement -- City Manager Netter reviewed this item deferred from the previous Council meeting and responded to Council questions. The fire sprinklers required in these two buildings which were provided by the City, must meet certain fire codes. Director of Public Work/City Engineer Brust is in the process of obtaining additional quotes to see if lower prices are possible, but the estimated cost to meet the necessary requirements is a minimum of $16,000, which would include necessary materials and installation. City Manager Netter responded to Council questions. Discussion concluded upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and unanimously approved with the absence of Councilwoman Gallagher, authorizing the expenditure to meet the above - reviewed fire sprinkler requirement but, if at all possible, utilize alternative resources other than the City's General Fund. HONEYBROOKSUBDIVIS7ON/building compliance - -City Manager Netter advised that, following Councilman Reilly's request to agendize this item, a letter was received from Christian L. Rodgers and Joanne A. Rodgers, 1218 Hagemann Lane, expressing concerns regarding replacement trees for privacy and location of two story houses at the referenced subdivision. He advised representatives of the Honeybrook Subdivision, Dale and Gary Tatman, were present at this Council meeting to respond to concerns. City Manager Netter referenced previous Planning Commission minutes and City Council minutes provided to Council outlining the actual action taken by both bodies on this item. There was no condition of approval that mentioned single -story homes and/or replanting of trees. Mr. Netter shared the video tape excerpt provided to Ronnert Paris City Councii iviiuutes At 12 Aiienst M 1996 Council from Gary Tatman's presentation at the April 25, 1995 Council meeting with Mr. Tatman's comment, "...we won't have a lot of 2 story homes in there, but will try to accommodate the wishes of some of the neighbors as much as possible. We can't guarantee that, but will do our best ... etc." City Manager Netter referred to map provided to Council showing the mixture of one and two story units in this subdivision, signifying 6 two story homes and 11 single story homes, with most of the two story homes on the north side. PUBLIC COMMENTS -- Mayor Flores invited public comments at this time and signified receiving three speaker cards from residents desiring to speak on this item as follows: Christian Rodgers, Joanne Rodgers and Elizabeth Armerding. No one responded. Mr. Netter advised his review of the Council meeting video tape revealed very little discussion on replacing the trees, but the developer has agreed to plant two trees per block and, basically, would try to replant and provide trees in front yards. Councilman Reilly reviewed reasons for requesting further consideration of this item pertaining to his recall of previous Council directive that, ideally, the one story homes would be located toward the Snyder Lane approach to try and protect the view of the mountains for the homes on the south side. City Attorney Flitner advised that, to his knowledge, there was nothing legally that would permit the City to signify the type of structure, as long as it meets the building and zoning requirements of the location. -- In response to Councilman Reilly's concern about relying on the developer and so Council had no reason to tell the people to retain privacy, City Attorney Flitner explained a city often encourages a developer to do certain things not pertaining to particular legalities of the zoning requirements. Gary Tatman, representative of the Honeybrook subdivision, confirmed their offer to provide trees as reviewed above by the City Manager, and explained the buyer's choice of house plan for their lots, with developer encouraging single stories on the church side for the view. Councilwoman Spiro leaves /returns -- Councilwoman Spiro left the chamber during this discussion at approximately 10:03 p.m. and returned at approximately 10:06 p.m. Councilman Reilly addressed his concern of remembering that certain things were to be done. Mr. Reilly hoped, in the future, to clarify that no one on the Council or staff can force a developer to do these cosmetic things, rather than to have people leave here thinking otherwise. Mayor Flores complimented the attractiveness of the project and expressed appreciation to Dale and Gary Tatman for providing the additional trees, even though not required, and for taking the time for this update and further review of the project. Rohnert Park Cite Council Minutes ( 13 ) Au2ust 13, 1996 CITY FLAG DESIGN /Final rendition -- City Manager Netter referenced this item on display and commented on other possibilities for Council's consideration. -- With the exception of Councilman Reilly expressing the continued preference for all four hands to be positioned identically, and with Councilwoman Gallagher absent, Council concurred with its previous approval of the final rendition of the City Flag design, as presented. Lew Kuehm of Founders Day Association, reviewed request for the City's flag to be placed in the California Railroad Museum, as previously signified; explained the need of a minimum order of 12, 3x5 size flags and 1 official City flag with two -sided visibility as well as the additional cost of three different renderings, for a total amount of approximately $1500. Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, with the absence of Councilwoman Gallagher, directing the one official two -sided City Flag to be retained at City Hall, and authorizing reimbursement of above - reviewed additional costs in the amount of $1,500, to be added to previously approved costs to develop the flag, not to exceed an amount of $700 (receipts must be submitted), for a total expenditure to date of $2,200 for reproduction and signified orders of the City Flag, with request for a detailed accounting of the expenditures, was unanimously approved. COUNCIL COMMITTEE REPORT -- Economic Development Committee & Chamber of Commerce Councilwoman Spiro reported on the referenced meeting held this morning. Concerns were expressed about direct impacts on the City of different areas not being as economically sound as in the past, such as the area of Price Club, Target, former K -Mart location, etc. Reference was made to funding possibilities which is scheduled for review later tonight on the Community Development Commission meeting agenda. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. MATTERS FROM/FOR COUNCIL: 1. Santa Rosa letter response on Santa Rosa Urban Boundary /South of Todd Road -- City Manager Netter advised this letter response from Santa Rosa Mayor Sharon Wright was provided to Council for its information, with the next step to work with LAFCO on the City's concerns. 2. Creekside Middle School annexation -- Vice Mayor Eck acknowledged his request to place this item on the agenda. Referencing the previous General Plan Committee coming back with no recommendation, Vice Mayor Eck recommended directing staff to proceed with a preliminary meeting with the School District staff regarding submittal to LAFCO for annexation. Council concurred to proceed on that basis. -- On the same topic, Councilwoman Spiro referenced communications from other areas in the county looking for sites to move and reviewed possibilities to consider on the school site, including possibly an office building. Vice Mayor Eck responded he would like to see what they have in mind as at one time there was some talk about land swapping. Councilman Reilly re- stated his concern with agreement that the school should be annexed, but if others can present a project that makes sense, they can bring it forward for consideration. D-hne- ilnin City ter.- vuna,ii Minutes t iy ♦ __�_� +� �nni August 1J� 1776 3. General Plan/Level of Service (LOS) change -- Councilman Reilly signified he had no further comments for this item reviewed earlier during this Council meeting. 4. Televising Planning Commission meetings -- Councilman Reilly referenced question from resident Nancy Kerrigan on this item, which was the same as his, as he thought previous Council direction was for Planning Commission meetings to be televised. -- City Manager Netter referred to July 11, 1996 meeting minutes of the Planning Commission signifying action not to televise Planning Commission meetings, but the City Council can override that action, if it so desires. -- Discussion concluded with Council concurrence to place this item on its next meeting agenda for consideration of formal action. 5. City's liability for residents claim of unsafe structure(Reilly) -- City Attorney Flitner responded to this item that the City is liable in regard to public properties but, if private property, the owner has the obligation to take care of it. The City's obligation, at most, would be to inspect such private properties and, if unsafe factors are determined, then the City should order abatement proceedings to vacate or correct the property. 6. Designate Voting Delegate for League of California Cities' Annual Conference -- Mayor Flores advised he would be attending this conference. -- Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, with Councilwoman Gallagher absent, designating Mayor Flores as voting delegate for this conference, was unanimously approved. 7. League of California Cities -North Bay District, Quarterly Dinner Meeting to be held on Thursday, September 12, 1996, 6:30 p.m., at the DoubleTree Hotel, Santa Rosa -- Mayor Flores announced this item. 8. Noise complaint -- Councilwoman Spiro requested staff to check into resident complaint she received pertaining to 607 Martin Avenue and noise from sirens. 9. Vietnam War Casualty Memorial at Capitol -- Councilwoman Spiro referenced her recent visit to Sacramento and the occasion to visit this location. She understood there is a Vietnam war casualty from Rohnert Park and recommended including this person for service recognition. -- Responding to Council comments, Councilwoman Spiro agreed she would check with the local Veteran's group regarding the suggestion of recognition next Memorial Day, as well as verify if the referenced casualty is the only one from Rohnert Park. CITY MANAGER'S REPORT.• 1. Campaign signs in vicinity of City vehicles /property -- City Manager Netter provided an update on this item and recommended acceptance of the compromise offered from RPPOA. Mr. Netter shared previous response received from RPPOA, as reviewed in the staff report of June 25, 1996, as follows: RPPOA representatives agreed they would encourage the membership to distance Public Safety vehicles they use from campaign signs located in their front yards. The RPPOA, while standing firm on their constitutional rights, would remain open and sensitive to the concerns of Council and wish to keep an open dialogue with the Council regarding the issue. They expressed their apology for any misunderstanding that may have occurred from their previous letter to the Council. -- Discussion followed. Art Sweeney, 5450 Country Club Drive, RPPOA representative, reviewed concerns pertaining to insurance coverage factors signifying the need to use public vehicles versus personal vehicles and emergency response availability; campaign rights and freedoms of spouses; and recommended acceptance of above - reviewed compromise. Rohnert Park Citv Council Minutes ( 15 ) August 13, 1996 Linda Branscomb, 6585 Commerce Blvd., #188, expressed disagreement with the Council comparison of televising public meetings for any kind of campaign efforts, as the purpose of this is to provide public access to the community. Charles Kitchen, 4945 Fern Place, shared contents of above - referenced letter from Mr. Mull of RPPOA claiming constitutional rights of police officers to campaign, for the record, and also referred to previous letter from the City Attorney responding to this issue signifying that campaigning should not be done while in uniform, and felt that the police cars were an extension of the uniform. Discussion concluded upon motion by Vice Mayor Eck, seconded by Mayor Flores, with Councilwoman Gallagher absent, to approve staff's recommendation for acceptance of above - reviewed compromise from RPPOA and give it a try, was unanimously approved. 2. Sonoma County Water Agency - Silt Basin Project Update & creek cleaning- -City Manager Netter referenced letter of July 24, 1996 from the Sonoma County Water Agency regarding the referenced update. Mr. Netter advised the funds will be approved for summer 1997 and it is going to take that much time for right -of -ways, etc. -- Mayor Flores commented on earlier indications, that this timing is a year earlier than previously anticipated. 3. Public Safety/Fire Service comparisons -- City Manager Netter reviewed the staff report of July 26, 1996 provided to Council for this item and responded to questions. -- Discussion included varied opinions expressed by Council on various factors and possibilities related to the comparisons, and concluded in Council concurrence to present this item to the newly seated Council after December 1996 for further review and consideration. 4. AB 3229 re. local law enforcement funding -- City Manager Netter explained this bulletin dated July 13, 1996 from the League of California Cities, which was provided to Council for its information. Mr. Netter reviewed factors related to countywide proposal to use the funds for the Joint Gang Task Force, but City of Santa Rosa has indicated they will probably not be part of it so it might not work; and the need to wait for the Police Chiefs' report and recommendation regarding the use of the funds. Rohnert Park may want to use the funds to offset the match portion of the COPS grant, like Santa Rosa may do. 5. PAL Parking Lot - status report/update -- City Manager Netter referred to previous discussions and waivers regarding paving of this parking lot and with noticing the "for sale" down for a while, asked for Council direction. -- Council concurred a letter should be written over the Mayor's signature inquiring about the status of this issue. 6. Walsh building construction concerns -- City Manager Netter reported, as signified earlier this evening by Cindy Walsh, that Walsh's consultant has advised all concerns related to this issue should be handled through the attorneys of the parties involved. Mr. Netter said he had indicated he would check on one item in the signified report, if allowed by Mrs. Walsh. 7. K -Mart site area -- City Manager Netter advised the City has received an affirmative response regarding plans to clean up the site of the K -Mart area. Rnhnert Park City, Cminril Minutes ( 16 ) A,,mic1 13, 1996 CITY ATTORNEY'S REPORT.• 1. Hillsboro vs. City of Rohnert Park update -- City Attorney Flitner advised the decision regarding attorney fees for this case has been set for August 29, 1996. The City lost the case which is now under appeal. Mr. Flitner referenced copies provided to Council of the invitation to others to join an amicus brief for this rent control case. 2. Urban Boundary Ballot measure -- City Attorney Flitner reviewed the language previously signified for this item to ensure accuracy. He also reconfirmed procedures for his preparation of the impartial analysis. 3. Any items from closed session -- This Mayor's report on this item was sufficient. UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores asked if there were any additional unscheduled public appearances at this time. Paul Stutrud, 712 Hudis, advised that Nanci Spangler recently passed away. ADJOURNMENT. • Mayor Flores adjourned the meeting at approximately 11:18 p.m. Dep Ci lerk jh Mayor