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1993/07/13 City Council MinutesROHNERT PARK CITY COUNCIL /C0MVMTY DEVELOPNE11T AGENCY MINUTES - Adjourned Budget Work Session - July 13, 1993 The Council of the City of Rohnert Park met this date in adjourned regular session in the City Offices, 6750 Commerce Blvd., Rohnert Park, California with Mayor Hollingsworth presiding for a 1993 -94 budget work session for the City of Rohnert Park and the Community Development Agency. Call to Order -Mayor Hollingsworth called the meeting to order at about 5:00 p.m. Roll Call Present: (5) Councilmm bers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, Finance Director Harrow, and Assistant to the City Manager Leivo. Funding Requests for City of Rohnert Park Promotional Funds: SONCM COUNTY CONVENTION AND VISITORS BUREAU (SCCVB) - The Mayor invited representatives from the Sonoma County Convention and Visitors Bureau (SCCVB) to discuss its proposal. Kirk Lok, President of SCCVB, made a presentation requesting $34,530 from the City of Rohnert Park based on a parity formula established countywide at 5.5% of the TOT tax generated in each city. The Council had extensive discussion regarding the benefits of having a countywide organization work for the betterment of the Visitors Convention industry. There was some debate on the role of the Wine and Visitors Center versus the Sonoma County Convention and Visitors Bureau. A motion was made by Councilwoman Gallagher, seconded by Councilman Eck, to approve the $34,530 funding with the condition that other cities would join in with this parity formula and also provide funding. The item was approved four to one (4 -1) with Councilwoman Spiro voting no. SMM COUNTY ASSOCIATES FOR YOUTH DEVELGR4 VT (SCAYD) - Kim Bricker, a representa- tive of the Sonoma County Associates for Youth Development (SCAYD), made a brief presentation requesting $15,000 from City promotional funds to support efforts to assist youths of Rohnert Park. By con- sensus of the City Council, the $15,000 was recommended for funding. ROHNERT PARK SWIM CLUB - Representatives from the Rohnert Park Swim Club made a presentation requesting $2,500 to assist in funding for its 1993 -94 Swim Club programs. The Council had extensive discussion and agreed to provide $2,000 working out a distribution program of the Recreation Program Guide as was done in the past, i.e., $500 for quarterly distributions four (4) times a year totaling $2,000. ANNLAL REPORT -Reba Roberts was acknowledged. She requested Council's consideration for funding the Annual Report at $20,000. Ms. Roberts explained how important it is for the City to have positive information submitted to keep the residents informed about what is happening in the City of Rohnert Park. Extensive discussion by Council followed. Upon motion by Councilman Eck, seconded by Councilwoman Gallagher, to allocate up to $5,000 for an Annual Report /Newsletter to be inserted into the Chamber of Commerce information packet, was unanimously approved. Rohnert Park City Council/Community Development Agency Minutes (2) July 13, 1993 - Adjourned - Budget Work Session ADJOURN CITY COUNCIL WORK SESSION - OPEN COMMUNITY DEVELOPMWr AGENCY WORK SESSION The Mayor adjourned the work session of the City Council and opened the work session of the Community Development Agency with all Agency Members present. PETALUMA PEOPLE SERVICES CENTER - Representatives from the Petaluma People Services Center requested CDA funds in the amount of $28,500. There was general discussion on the programs provided by the Petaluma People Services including home owner assistance programs and how this program related to the Homeless Prevention Group's Assistance Program. Upon motion by Agency Member Reilly, seconded by Agency Member Gallagher, and unanimously approved, $28,500 to the Petaluma People Services Center was recommended for funding. CONMJNITY SUPPORT NEiwORK - Representatives from the Community Support Network made a presentation requesting funding in regards to a halfway house located on the Synagogue property off of Snyder Lane. Staff recommended $25,000 as seed money to this group and indicated that it seems to be a worthwhile project, but staff felt there should be more leveraging of federal and state funds to provide these services. The Agency concurred with staff's recommendation and indicated the desire to study this proposal in more depth and hold off on approval of any funding at this time. SONOM COt.M'Y COH4_JNITY DEVELOPWNT COMAESSION - Founding request for the City of Rohnert Park's Rehabilitation Program that has been administered by the Sonoma County Community Development Commission for the past three (3) years. The request was for CDA funding for loans in the amount of $400,000 and for the Administrative Services Contract in the amount of $89,000. Discussion followed regarding the proposed Rehab Program which includes a new provision of a Rental Rehab Program. There was extensive discussion by the Agency in regards to adding the rental rehab program. A motion was made by Councilwoman Gallagher, seconded by Councilman. Reilly, and unanimously approved, recommending $400,000 of CDA housing set -aside funds for the 1993 -94 Rehabilitation Program with the condition of a trial period for the rental rehab program. The item regarding the $89,000 Administrative Services Contract with the Sonoma County Community Development Commission was held for further discussion during the Community Development Agency agenda to be held later during tonight's City Council meeting. Adjournment There being no further matters for discussion, the budget work session for the City and the Community Development Agency was adjourned at approximately 6:05 p.m. 44� City Clerk /Secretary JDN /jh Mayor /Chairperson Rohnert Park City Council Minutes July 13, 1993 The Council of the City of Rohnert Park met this date in regular session cotmiencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. CALL TO ORDER -Mayor Hollingsworth called the regular session to order at approx- imately 7:00 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a budget work session was held at 5:00 p.m. to review the 1993 -94 City Budget and a closed session commenced at 6:00 p.m. to discuss litigation and personnel matters. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Director of Public Works /City Engineer Brust, Planning Director Skanchy, Finance Director Harrow, and Recreation Director Pekkain. Approval of Upon motion by Councilmember Eck, seconded by Councilmember Gallagher, Minutes the minutes of June 22, 1993 were unanimously approved as submitted. Approval of Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, Bills City bills presented per the attached list in the amount of $1,336,649.30 were unanimously approved. Non - agendaed Mayor Hollingsworth queried if any Councilmember had any non - agendaed matters items to add to the agenda. Councilmembers Eck and Spiro both said they had one miscellaneous item to add, if time allows. Unscheduled Mayor Hollingsworth stated that in conpliance with State Law (The Public Brown Act), citizens wishing to make a comment may do so at this time. Appearances He explained that under the Brown Act, in most cases, the Council cannot handle an item without it being listed on the agenda. John Hudson, 399 Bonnie Avenue, referenced a Press Democrat article of several weeks ago related to a previous property transaction of the City Manager and annexation of a subdivision on the northern edge of the City. He questioned condemnation procedures on the specified property for drainage purposes and asked whether or not eminent domain was used. City Attorney Flitner responded to W. Hudson's inquiry and said he recalled that eminent domain action was not actually filed, though considered, for the referenced area which was a drainage channel that was planned by the Sonoma County Water Agency and was a condition of development for approval of the Park Estate subdivision. City Engineer Brust commented that this channel was in the City's overall drainage plan and that the Sonoma County Water Agency was planning on completing it as a capital inprovement project in the future but, because the subdivision was adjacent to that project, it became a Rohnert Park City Council Minutes (2) July 13, 1993 condition of that development. The subdivision paid for the property needed for the drainage easement and then dedicated it to the Sonoma County Water Agency. The result was that the public drainage easement in the area was acquired at no cost to the city taxpayers. Suzanne Anderson, 886 Holly Avenue, referenced comments reviewed in the Council Meeting Memo pertaining to recent Council Committee meeting for matters related to the Performing Arts Center. Ms. Anderson expressed approval of the Council Committee's consideration of retaining Rohnert Park in the name of the Symphony. She thanked the Counc i 1 and made additional comments related to this matter. C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Councilwomen Spiro and Gallagher requested removal of Resolution No. 93 -68 from the Consent Calendar for explanation. Council agreed. Acknowledging the City Manager /Clerk's report on posting of the agenda. Resolutions: No. 93 -67 A RESOLUTION AUTHORIZING EXTENSION OF EMPLOYEE GROUPS' OF AGREEMM (For 60 Days, i.e, to August 31, 1993) No. 93-69 A RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF A AIABIJL-' Sa&-7- CONTAINED AIR RECHARGING UNIT FOR THE DEPARTMENT OF PUBLIC SAFETY FIRE SERVICES No. 93 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CONSENTING TO A SUBCONTRACT AGR HI�f] TT BEZVEEN U.S. AQUATEC, INC. AND RUSSIAN RIVER UTILITIES, INC. (Re. Water /Wastewater Conservation Retrofit Program, Rohnert Park Project No. 1991 -13) Ordinance for Adoption: No. 576 AN ORDINANCE OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 2.44 OF THE ROHNERT PARK "ICIPAL CODE (Demands, i.e. Claims Against the City) Ordinance for Introduction: No. 577 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION 3.04.090 OF CHAPTER 3.04 OF THE ROHNERT PARK MUNICIPAL CODE (RE. PURCHASING) Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, with the exception of Resolution No. 93 -68, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Resolution A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE JOINT POWERS No. 93-68 AGREEEMU FOR HOUSING AND COMMJNITY DEVELOPMENT Assistant to the City Manager Leivo responded to Council request and explained the resolution as reviewed in the staff report with various attachments and in the Council Meeting Memo. Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, Resolution No. 93 -68 was adopted. Rohnert Park City Council Minutes (3) July 13, 1993 Scheduled Public Appearance: Jim Parker, 227 Santa Alicia, expressed concerns pertaining to sound ordinance revisions. He read contents of his written comments distributed to Council (copy attached to original set of these minutes) outlining reasons for his concerns, which concluded in request to eliminate all sound equipment at the northwest portion of Alicia Park. Bicycle Committee Appointment: City Manager Netter referenced copies provided to Council of an application from one interested individual for this appointment, namely Vernon Schuck, 1130 Civic Center Drive, employed by Sonoma State University. Councilwoman. Gallagher introduced Mr. Schuck, who was present at the Council meeting, as her nomination to fill the opening on the Bicycle Committee. This opening resulted from the resignation of Gregory Conklin from the Committee in June of 1993. Upon motion by Councilwoman Gallagher, seconded by Councilman Eck, Vernon Schuck was unanimously appointed to the Bicycle Advisory Committee. Interest on Rental Unit Security Deposits: 1) Report on Council Committee meeting with realtors - Councilwoman Spiro reported on recent Council Committee meeting (comprised of herself and Councilman Eck) with representatives of the Sonoma County Realtors Association, Director Beth Robertson and Realtor Christopher Cowan.; Ms. Spiro referenced copies provided to Council of letter dated July 2, 1993 regarding this matter outlining concluding results of the meeting. She confirmed that the Realtors Association agreed to draft a policy statement informing realtors and real estate agents about voluntary negotiation of interest on security deposits and present it to its next Government Relations Committee meeting on July 21, 1993. It was, therefore, the recommendation of the Council Committee that consideration of the proposed ordinance be tabled at this time. Following discussion, upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, to table consideration of the proposed ordinance for payment of interest on rental unit security deposits was unanimously approved. Ben Friedman, 7323 College View Drive, initiator of the above- referenced ordinance proposal, expressed concerns related to this matter. He agreed with recommendation of Mayor Hollingsworth that Mr. Friedman meet with representatives of the Sonoma County Realtors Association for further discussion of same. 2) Committee report on Real Estate Transfer Tax discussion - Council Committee Member Eck said this item was also discussed with representatives of the Realtors Association at the above- referenced meeting. With the current market decline with people losing money on the sale of houses, it was indicated that the possibility of increasing the transfer tax would need to be discussed again sometime in the future. City Manager Netter reviewed offsetting factors to budget deficits including County implementation of the Teeter Plan, a new property tax allocation system, as well as receipt of notification Rohnert Park City Council Minutes (6) July 13, 1993 5) A motion was made by Councilman Eck, seconded by Councilwoman Gallagher, authorizing an expenditure up to $5,000 for a scaled down, Annual Report /Newsletter for the City of Rohnert Park, was unanimously approved. 6) Council agreed to add $15,000 to the budget for the Sonoma County Associates for Youth Development (SCAYD). RECESS Mayor Hollingsworth declared a recess at approximately 7:58 p.m. in order to convene the Conmmity Development Agency meeting for matters relating to the proposed 1993 -94 Budget as a courtesy to the repre- sentatives of such matters present in the audience. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 8:10 p.m. with all Councilmembers present. City Manager Netter and Finance Director Harrow responded to further Council questions regarding the proposed fee increases for the 1993 -94 City Budget. Following discussion, Council agreed that the adjustment to the various development fees according to the 3.7% construction cost index increase over the prior year was reasonable, as well as establishing fees for fire inspection services. However, for the larger increase adjustment to the traffic signal fees, it was Council consensus that another public hearing should be held at the next Council meeting of July 27, 1993 to provide more adequate time and consideration for input from developers regarding this matter. Resolutions: No. 93 -71 RESOLUTION AMENDING PER ACRE FOR DEVELOPMENT FEE No. 93 -72 RESOLUTION AMENDING SEWER SERVICE CONNECTION FEE No. 93 -73 RESOLUTION AMENDING SPECIAL WATER CONNECTION FEE No. 93 -74 RESOLUTION AMENDING CERTAIN PLANNING AND ZONING, SUBDIVISION AND RELATED FEES No. 93 -75 RESOLUTION AMENDING CERTAIN MISCELLANEOUS FEES CHARGED BY CERTAIN DEPARTMENTS OF THE CITY No. 93 -76 RESOLUTION ESTABLISHING FEES FOR FIRE INSPECTION SERVICES PERFORMED BY DEPARTMENT OF PUBLIC SAFETY Upon motion by Councilmember Eck, seconded by Councilm niter Reilly, and unanimously approved, reading of Resolution Nos. 93 -71 through 93 -76 were waived and said resolutions were consecutively adopted. Ordinance for Introduction: No. 578 AN ORDINANCE AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15, SECTION 15.40.020 (Capital Outlay Fund Fees Adjustment for Increase in Cost of Construction Index) Upon motion by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, reading of Ordinance No. 578 was waived and said ordinance was introduced. Rohnert Park City Council Minutes (7) July 13, 1993 Following request by Councilwoman Gallagher for more time to review numerous questions with the City Manager pertaining to the budget, it was the consensus of the Council to defer consideration of the resolution approving and adopting 1993 -94 budget to the next Council meeting of July 27, 1993. Parks and Recreation matters: 1) Field and Picnic Policy and Fees - Recreation Director Pekkain reviewed contents of the staff report provided to Council regarding this matter and responded to Council questions. City Manager Netter referenced review of same in the Council Meeting Memo and confirmed to Council inquiry that staff proposed inQlementing the new fee as soon as possible, but those groups that have previously reserved picnic areas during this year would not be assessed the fee. Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, Field and Picnic Policy and Fees were unanimously approved as recommended by staff. Councilman Eck said he would like to recommend that a note be sent to Valerie Brown verifying her prediction at the last Mayors' and Councilmembers' meeting related to the establishment of such fees. Councilman Eck also requested staff to check on the problem of cars parking in picnic areas of parks for the necessary protection of the landscaping. 2) Rohnert Park Stadium events - City Manager Netter explained several items related to this matter as reviewed in the Council Meeting Memo including possible introduction of sound ordinance amending the City's M.tnicipal Code to allow for concerts, musical events, and other comaunity oriented activities at the stadium; staff report dated July 7th, 1993 from the Department of Public Safety regarding observation and evaluation of July 2nd concert /dance at the Sonoma County Fairground; letter dated July 9, 1993 from Ronald J. Souza, Legal Counsel for North Bay Breakers regarding fund raising concert; and draft agreement with North Bay Breakers Soccer Team for the use of the Rohnert Park Stadium for concerts for review and consideration by the City Council. City Manager Netter, City Attorney Flitner and Recreation Director Pekkain responded to various Council questions regarding these items. Discussion followed concluding in Council actions as signified in these minutes. Ordinance for Introduction: No. 579 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMMING CHAPTER 9.44 OF THE ROHNERT PARK MJNICIPAL CODE TO PROVIDE FOR CONCERTS, MJSICAL EVENTS AND COMriBITY ORIENTED ACTIVITIES AT ROHNERT PARK STADILM Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, and unanimously approved, reading of Ordinance No. 579 was waived and said ordinance was introduced including direction to City Attorney that the wording of the ordinance should include addressing similar needs of other City properties and parks in the City with special language. Rohnert Park City Council Minutes (8) July 13, 1993 City Manager Netter confirmed to Council inquiry that the City's existing sound ordinance provides adequate procedures through the permit process for concerts under separate agreements to meet the current needs of the North Bay Breakers' contract with the City. Mr. Netter said the proposed amendments to the sound ordinance are basically for clarification pertaining to concerts, musical events and other such community oriented activities. Council%m an Spiro said she would like to address concerns at the next Council meeting related to the 4th of July fireworks display at the stadium. Publicity invited the comnmity to watch the free fireworks display, but the program scheduled earlier at the stadium with the $10 fee prevented many residents from getting into the stadium for the free fireworks display as publicized. Bicycle Advisory Commu.ttee's request for funding of bicycle lane striping and signing on Snyder Lane from East Cotati Avenue to northern city limits (est. $45,000) Linda DeBolt, 5701 Davis Circle, Member of Bicycle Advisory Committee, referenced above letter request from the Bicycle Advisory Committee dated June 28, 1993. She reviewed several reasons for the request including safety of students who will be attending the new Middle School on Snyder Lane; to encourage bike riding as an alternative transportation and to change the current image that bicycling is not necessarily safe; and to provide a north /south bike path in the community with reminder that Snyder Lane is the number one priority for bike path improvements in the priority list adopted by the Council at its meeting of February 23rd, 1993. Rick Luttman, 917 Dorine Avenue, Member of Bicycle Advisory Committee, confirmed agreement with previous speaker's comments and said Council's response and approval of the request would be appreciated. Director of Public Works /City Engineer Brust responded to Council questions pertaining to this matter. He shared comments as reviewed in the Council Meeting Memo regarding staff recommendation that the Council wait on this item until the end of September when the City will have information about its funding provisions under the ISTEA program. The 1993 -94 budget includes a total of $350,000 from combined ISTEA and gas tax funding to provide a bike path and road improvements along Snyder Lane. It would be advisable to wait the three month period to determine the funding for the complete project, rather than proceeding with a striping project now that may have to be re -done when the entire bike lane /road improvements project can be completed. Council concurred with staff recommndation to wait for ISTEA funding possibilities in September and suggested that this item be placed on the next joint School Committee meeting agenda to review possibilities of the School District sharing the striping and signing costs. Cable TV matters - Live broadcasting of City Council meetings - City Manager Netter shared comments regarding this matter as reviewed in the Council Meeting Memo. He confirmed discussion with MiltiVision Cable TV and said, if Council desires to have the existing City Hall site wired for Rohnert Park City Council Minutes (9) July 13, 1993 live broadcasting, MaltiVision would not be able to provide it until after January of 1994 since funds were not budgeted in this calendar year. This would not present a problem as it would take several months to prepare a plan and provide for proper engineering. Following discussion, a motion was made by Councilmember Eck, seconded by Councilmember Reilly, and unanimously approved, directing staff to approach MultiVision Cable TV and proceed with communications regarding possibilities for live broadcasting of City Council meetings at existing City facility and other locations such as the Performing Arts Center and the Commmity Center. RECESS Mayor Hollingsworth declared a recess at approximately 8:50 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:00 p.m. with all Councilmembers present. Planning and Zoning matters: 1) File No. 1611 - Jimmie Rogers - Application to subdivide a 3.77 acre parcel located on the southeast corner of Redwood Drive and Wilfred Avenue in the CS:PD District into three (3) lots - Planning Director Skanchy referenced plans on display and said copies were provided to the Council of Planning Staff Report dated June 24, 1993 regarding this matter. He shared contents therein and responded to various Council questions. City Engineer Brust responded to further Council questions and explained details relating to acceptance of utility easements and confirmed that this item includes acceptance of the final map. Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, accepting utility easements and final map for File No. 1611 was unanimously approved. 2) File No. 1607 - Greg Lucas Car Wash - Site Plan and Architectural Review for a car wash and quick lube facility proposed to be located at the southeast corner of Wilfred Avenue and Redwood Drive in the CS:PD District Planning Director Skanchy referenced plans on display and said copies were provided to Council of Planning Staff Report dated June 24, 1993 regarding this matter. He shared contents therein and responded to Council questions confirming Planning Commission approval subject to conditions listed in the staff report at its meeting of June 24, 1993. Jimmie Rogers, 1100 East Railroad Avenue, responded to Council inquiry and compared the approximately 35' tower height on surrounding 3,000 sq. ft. buildings in relationship to approximately the same height on these plans for a 7,500 sq. ft. building. In proportion to the structures, the towers are not that tall and are not offensive but, instead, add something to the Center and make a statement. Mr. Rogers requested Council's approval of the towers and said it is part of the overall plan. The towers are a mach better approach for commercial advertising purposes as compared to each building having a free standing 35' sign which would meet current zoning standards. Rohnert Park City Council Minutes (10) July 13, 1993 Greg Lucas, 5833 Redwood Drive, applicant of the car wash /quick lube proposal, clarified that the height of the towers is actually 33' which is less than the 39' height of other towers in the area. The plans show that it is not a tower that sticks straight up, but blends well into the structure of the building. Councilman Eck said, besides the fact that he did not particularly care for the architecture, he had a problem with a car wash on the referenced site because it is not commercially related to the highway. Car washes exist very successfully away from that site. Upon motion by Councilmember Reilly, seconded b Councilmember Spiro, File No. 1607 - Greg Lucas Car Wash/Quick Lube for site plan and architectural review as recommended by the Planning Commission, was approved by the following vote: AYES: (4) Councilman rs Gallagher, Reilly, Spiro and Mayor Hollingsworth NOES: (1) Councilmember Eck ABSENT: (0) None 3) File No. 1609 - Fresh Choice, Inc. - Architectural Review for a 7,310 square foot restaurant proposed to be located at the east side of Redwood Drive, 140 feet south of Wilfred Avenue in the CS:PD District Planning Director Skanchy referenced plans on display and said copies were provided to Council of Planning Staff Report dated June 24, 1993 regarding this matter. He shared contents therein and responded to Council questions confirming Planning Commission approval subject to conditions listed in the staff report at its meeting of June 24, 1993. Copies were also distributed to Council for informational purposes of staff report dated July 13, 1993 regarding miscellaneous information pertaining to vacant industrial, professional and commercial buildings and estimated sewer use by restaurants and car washes. Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, File No. 1609 - Fresh Choice, Inc. for site plan and architectural review as recommended by the Planning Commission, was unanimously approved. 4) File No. 1598 - Oceanis Properties - Appeal of Planning Commission approval of 62 unit townhouse subdivision proposed to be located on east side of Bodway Parkway, 500 ft. south of East Cotati Avenue (by Pamela Narks, Canon Nanor) Councilman Eck explained recent discussion with City Attorney related to this item with conclusion that no problem existed legally, but it might be perceived a conflict of interest for Councilman Eck to participate in Council actions pertaining to Oceanis Properties due to a proposed sizable donation to Sonoma State University Foundation. Councilman Eck leaves Councilman Eck left the Council chambers at approximately 9:25 p.m. Rohnert Park City Council Minutes (11) July 13, 1993 Pamela Marks, Canon Manor, 1731 Weiss Lane, Penngrove, shared comments from her letter dated July 2, 1993 whereby a formal appeal of the referenced Oceanis Properties subdivision proposal had been requested. She said this reflected the thoughts of Canon Manor residents involving 108 homes as signified by signatures on attached list and individual letters. She said the developer had since then taken the time to come and communicate directly with Canon Manor residents and they appreciate that efforts have been made to make this project compatible to specific surroundings of the area and, therefore, it was decided to formally and officially withdraw the appeal. Ms. Marks requested the help of Council in communications to County officials to assist toward efforts in the formation of an assessment district of the Canon Manor area, which to date such efforts have proven to be unsuccessful. She said they believed Canon Manor problems are directly related to capacities of the underground utility capacities and hoped this project which borders their community would provide an opportunity toward forming the needed assessment district. Discussion followed during which Council confirmed continuance of General Plan update procedures. Patty Pawlan, 1755 Weiss Lane, Penngrove, said she would like to reiterate the previous request for the Council to assist the residents of Canon Manor in forming an Assessment District for sewer capacity needs of the area. Rohnert Park needs to take responsibility for the direct negative impact its developments have on its neighbors. Councilman Councilman Eck returned to the Council chambers at approximately Eck returns 9:41 p.m. Sonoma County Agricultural Preservation and Open Space District Advisory Committee - Councilman Eck referenced plans on display and updated the Council on potential land acquisition around the borders of the City of Rohnert Park, as well as a program proposal to provide wastewater irrigation on said lands. He pointed out locations on the map indicating parcels under purchase negotiations by the County and said there were discussions about putting in a passive trail. The purpose of the Open Space District temporarily acquiring title to the referenced areas is to create open space as well as establish permanent agricultural conditions, afterwhich, said properties will be sold back to the public, thus putting it back on the tax roll. Also, for informational purposes, copies were provided to Council of the City of Rohnert Park's matching grant proposal submitted to the Sonoma County Agricultural Preservation and Open Space District for acquisition of the lands immediately north of the northerly city limits of the City of Rohnert Park. Rohnert Park City Council Minutes (12) July 13, 1993 Council committee reports: 1) Channel 22 land sale - Mayor Hollingsworth reported that staff and the Council Committee comprised of himself and Councilman Eck met with Nancy Dobbs, General Manager of Channel 22, to discuss the potential sale of the site location of the existing Channel 22 facility. He said Ms. Dobbs is currently exploring avenues of possibility that could help offset the cash purchase or help fund the proposed purchase of the facility. City Manager Netter responded to Council inquiry that two reasons for Channel 22's preference to purchasing the land versus continued leasing conditions is that property ownership would simplify procedures for obtaining loans and it carries more weight and stability related to fund raising efforts. 2) Performing Arts Center - Councilman Eck reported that the Council Committee comprised of himself and Councilwoman. Spiro met with City Manager Netter and Director of Performing Arts Center Michael Grice to review budget matters and discuss the upcoming season for the Performing Arts Center. He said there was general agreement regarding consideration of a name change for the Rohnert Park Symphony and, for incentive purposes, modification of the proposed phase -out program was discussed. City Manager Netter confirmed to Council inquiry that the 1993 -94 budget proposal for the Symphony was to retain the same level of funding as last year and that the Symphony anticipated going fully independent during the 1994 -95 fiscal year. 3) City /School District Coordinating Committee meeting on June 14th, 1993 with consideration of Library at new middle school on Snyder Lane - Councilwoman Gallagher reported on this issue as reviewed in the Council Meeting Memo confirming that she and Councilwoman Spiro were the Council Committee for the City /School District Coordinating Committee and both attended the referenced meeting. City Manager Netter also shared comments about the meeting discussion regarding the Library proposal at the new middle school related to necessary floor space and consideration of innovations, i.e., a computer /study center. If Council thinks the proposal has potential and is a good idea, City Manager Netter said there would be further meeting with David Price, Sonoma County Library Director and Walt Buster, Superintendent of the Cotati - Rohnert Park School District, regarding same. Dr. Buster has indicated the need to proceed promptly with such plans as the architects are currently in the process of designing plans for the new middle school project. 4) Mobile Home Parks Purchase Program (Eck/Reilly) report on meeting at Valley Village Mobile Home Park held on June 16th Vice Mayor Reilly confirmed the referenced meeting and said copies were provided to the Council for its review and information of same. He said steps %lould now be taken to begin approaching mobile home owners to see if there is interest in proceeding with such a program. Rohnert Park City Council Minutes (13) July 13, 1993 RECESS Mayor Hollingsworth declared a recess at approximately 9:54 p.m. in order to reconvene the Community Development Agency meeting and enable Agency action on necessary items related to the proposed 1993 -94 Budget. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:58 p.m. Due to the lateness of the hour, Mayor Hollingsworth said the remaining agenda items would need to be briefly reviewed, if necessary, and /or deferred as signified in these minutes. Employee Home Purchase Assistance Program - staff /City Attorney report - City Manager confirmed this item could be deferred to the next Council meeting of July 27, 1993. Sonoma County Vernal Pools Task Force - staff report re. Wu City Manager confirmed this item could be deferred. Linda Branscomb, 21 Anne, said she had reviewed the referenced Memorandum of Understanding and thought it looked good. The City has a responsibility to protect vernal pools and this MJU does that. Sonoma County Transit proposed fare increases for Routes 10, 11, 12 and 14 - City Manager Netter said copies were provided to Council of letter dated July 1, 1993 from Sonoma County Transit regarding this matter requesting Council concurrence of the proposed rate increases. Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, and unanimously approved, the Council concurred with the Sonoma County Transit proposed fare increases for Routes 10, 11, 12 and 14 as requested. Adrian Drive Underground Utility District No. 8 - amendment to projected costs City Manager Netter referenced information provided to Council regarding this matter and explained previous miscalculation of the lineal footage, as reviewed in the Council Meeting Memo, confirming corrected total cost of project cost to be $1,056,000 rather than the original estimate of approximately $594,000. The City, therefore, will only be able to complete about one -half of the portion of the referenced undergrounding project. Staff recommends the portion from College View Drive to Bonnie Avenue be completed and that from Bonnie Avenue to East Cotati Avenue be deferred until additional funds are received. Council concurred. Communications - Communications were brought to the attention of the City Counc i l Per the attached outline distributed prior to the meeting. No action was taken unless specifically noted in these minutes. Rohnert Park City Council Minutes (14) July 13, 1993 City Manager Netter referred to item No. 16 on the ComTmications list regarding clarification to Carmarket enterprise regarding requirements for placement of signs. W. Netter said he reviewed the matter with City Engineer Brust with conclusion that if the City does not respond with further comments, CalTrans will think the matter has been resolved to everyone's satisfaction. The Mayor responded that the important thing was the City's receipt of its part of the sales tax, but he did not like the appearance of the referenced signs. Staff will continue to work with CalTrans on this matter. City City Manager Netter said the items under his report were informational Manager's items that were detailed in printed materials and staff reports Report previously distributed to the Council. City Attorney's City Attorney Flitner confirmed the items listed on tonight's agenda Report under his report could be deferred. Matters from/for Council - Several of these items listed on the agenda were deferred to the next City Council meeting of July 27, 1993. Lhscheduled Public Appearances: Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. No one responded. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:00 p.m. Depu City ,A erk Mayor jh ,Pmr "e % ✓ SOUND ORDINANCE REVISIONS 1 % For at least ten years, Rohnert Park's city officials have knowingly permitted gross violations of sound ordinance section #9.44.150 through #9.44.230. This ordinance forbids the use of public address systems in the city's public parks without the issuance of a permit. These officials include the current Director of Parks and Recreation, the Chief of Public Safety, and the City Manager. They have consistently allowed special interest groups, commercial entities, and private parties to operate sound amplification equipment without obtaining permits and then well outside of the hours and days permitted by the ordinance. The city originally adopted the sound ordinance to protect the right of peace and privacy of all those citizens residing within earshot of city parks. This right has been consistently subverted or ignored in the past and now is further abrogated by the city council's recent decision to revise this ordinance. The council's new revision directly conflicts with other subsections of the sound ordinance. The council also shortened the permit application process from fourteen to seven days. This time constraint will make it difficult at best for aggrieved citizens to prepare and present effective arguments against proposed permits. In addition, the council's revision offers no venue for citizens to state opposition to the approval of these permits. Most important, the city further quashed the right of redress of affected citizens residing in areas surrounding our parks. This was accomplished by not notifying them by mail of the public hearing held on the proposed revision. This despite verbal assurances made by the Director of Parks and Recreation that the city had a method by which this could and would be done. In the past eight years, I've had scores of discussions and correspondence with different city officials regarding my grievances. All the officials including the current Parks and Recreation Director and City Manager agree my concerns are reasonable ones. Accordingly, I've also attempted to reach reasonable compromises. In response, I've been met with shameless bureaucratic foot dragging, evasion, misdirection, violated written and oral agreements, public humiliation and most recently, outright deception and chicanery by city officials and special interest groups. This apparently to avoid compliance with the spirit, if not the letter of the law. When confronted with the many past violations of the ordinance, some members of the council shirked their moral obligation to enforce this ordinance. Instead, the council voted in new revisions so cloudy and emasculating as to make the current ordinance virtually unenforceable- Clearly, the only logical reasons the council could have to do this would be to appease these politically powerful special interest groups and to discourage any further redress of aggrieved citizens. I urge the city council to correct this situation by doing four things. First, revisit and reconsider your sound ordinance revisions. Then, properly notify the many residents who will be affected by any changes to the ordinance of any future public hearings regarding this subject. Second. immediately begin enforcing the current provisions of the ordinance by citing individuals or groups who use sound equipment in our parks without the required permit. Third consider a revenue raising fee for group park sound and use permits . And last, eliminate all sound equipment at the northwest portion of Alicia Park as the current sound ordinance, if interpreted without political agenda, clearly prohibits using public address systems any time in this area. I respectfully request the councils swift and timely attention to this matter. Thank you for your time. 0 City of Rohnert Park Changes to Proposed Budget (` As of July 13, 1993 Budget Impact Favorable Item (Unfavorable 1. Delete additional revenue from increased ($130,000) Real Property Transfer Tax 2. Add new roof for Burton Ave. Rec. Center (30,000) 3. Delete charging for senior newsletter (1,500) 4. Add Kitchen Kut -Ups subsidy partially removed (1,000) (total subsidy is $3,000) 5. Add back employee picnic (1,000) 6. Increase Worker's Comp. premium (1,000) 7. Rollback to 1992 -93 PERS rates 102,000 8. Increase in social services groups' grants: SCAYD (15,000) YWCA Battered Women's Shelter (1,000) Family Education Center (500) Family Services Agency (800) .P o•t c� fo���.?nb ©> �".r „� 9. General fund recharge decrease due to PER rates (5,000) 10. County implementation of "Teeter Plan" 277,000 (re: delinquent property taxes) 393 4 Total Favorable Impanct on- Propose�gd Budget $192,200 7"Q r r Sao