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1993/09/28 City Council MinutesRohnert Park City Council Minutes September 28, 1993 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 Hollingsworth presiding. CALL TO ORDER -Mayor Hollingsworth called the regular session to order at approximately 6:25 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 6:00 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: (4) Councilmembers Eck, Gallagher, Reilly and Mayor Hollingsworth Absent: (1) Councilwoman Spiro (due to a death in the family) 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 and Finance Director Harrow. Approval of Approval of September 14,1993 minutes was deferred to the next Council Minutes meeting due to an inadvertent omission of the minutes from Council packets distributed prior to the meeting. Approval of Upon motion by Councilwoman Gallagher, seconded by Councilman Reilly, Bills City bills presented per the attached list in the amount of $1,197,355.85 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 Gallagher and City Manager Netter signified miscellaneous items to add under matters from/for Council. Specifically signified was the need to respond to the letter from County Supervisor Jim Harberson in regard to seeking nominations for two Board of Directors positions on the North Coast Railroad Authority. Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a comment may do so at this time. Appearances 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. Rohnert Park City Council Minutes (2) September 28, 1993 Shinae Cliaiybers, 5709 Dexter Circle, and Tina Anderson, 1101 Copeland Creek Drive, of Konocti Girl Scout Troop #5, explained their troop's recent community service for the "Hands across the County" program and expressed appreciation to Director of Public Works /City Engineer Brust for assisting their troop with necessary details for picking up trash from Copeland Creek. The Girl Scouts requested the Council to consider establishing a city -wide clean up day to enable more thorough clean up of areas like Copeland Creek to help toward continuing pride in the city. Beverly Boon, 609 Corte Moreno, Rancho Verde Mobile Home Park, reviewed traffic impact concerns related to the extension of Rohnert Park Expressway to Stony Point Road. She requested, as a safety factor to residents, that consideration be given to the placement of additional stop signs at the entrance of Rancho Verde. Mayor Hollingsworth responded that the stop sign request would be directed to the City Engineer for review and analysis. He complimented the Konocti Girl Scouts for their community service efforts and directed staff to draft a letter of appreciation to the Girl Scouts. The Mayor also said follow up would proceed regarding the Girl Scouts' reconv endation for a city -wide clean up including preparation of an appropriate resolution. 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. Director of Public Works /City Engineer Brust responded to question from Councilwoman Gallagher regarding Resolution No. 93 -112 that notices for re- roofing the Burton Avenue Recreation Center were published six to seven weeks prior the signified bid opening date of September 20, 1993. City Manager Netter requested removal of Resolution No. 93 -113 from the Consent Calendar for further explanation and discussion. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 93 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING POLLUTION PREVENTION WEEK, OCIOBER 4 - 10, 1993 No. 93 -112 A RESOLUTION OF AWARD OF CONTRACT, BURTON AVENUE RECREATION CENTER RE- ROOFING No. 93 -114 A RESOLUTION SUPPORTING THE APPLICATION BY SONOMA COUNTY TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR RECYCLING MgRKE.T DEVELOPMENT ZONE DESIGNATION Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, with the exception of Resolution No. 93 -113, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes (3) September 28, 1993 Resolution RESOLUTION IN SUPPORT OF COORDINATED RESOURCE MMGEM U & PL,ANNING No. 93 -113 (CRMP) PROCESS FOR THE LAGLNA DE SANTA ROSA City Manager confirmed that the Sonoma County Board of Supervisors did approve the CRMP process. He updated the Council on the extensive nine month, time- consuming process anticipated and current efforts toward the development of a task force to work on goals for the C4-P. City Manager said that the structure of the task force is in the development stages and that it will not be a formal appointment process. He said that Kim Cordell indicated that any interested citizen could be a member of the task force. City Council requested additional information on the proposed task force meeting so that a Council representative may be considered. Upon motion by Councilman Reilly, seconded by Councilman Eck, and unanimously approved, Resolution No. 93 -113 was adopted. Scheduled Public Appearances: 1) Rancho Cotate High School representatives Mark Alton, Girls Softball Coach, and Don Mantooth, Boys Baseball Coach, explained that both teams had won championships this year. Request was made for the City to continue its tradition of many years to pay for half of the sponsorship for championship plaques. It was confirmed that this is the first year that the two teams have both won championships in the same year. Council extended congratulations to both teams for the honor of having championship teams in Rohnert Park. Upon motion by Councilman Eck, seconded by Councilwoman Gallagher, traditional payment of the City's half of sponsorship for championship plaques for the Rancho Cotate High School girls softball team and the boys baseball team, as requested, with the understanding that the School District would pay the other 50 %, was unanimously approved. 2) Daniel Aguayo, 5342 Evonne Avenue, and Travis Myers, 126 Francis Circle, referenced Daniel Aguayo's letter provided to Council requesting permission to paint temporary graffiti art for a promotional music album photo on a location designated and recommended by the City. They confirmed that full responsibility would be taken on their part to repaint the wall back to its original color. Director of Public Works /City Engineer Brust responded to Council inquiry that the project would take approximately two to three days to complete. Council discussion included commending the young men for seeking Council's permission, as well as conmnts that efforts have been made by youth in other communities to paint this type of planned and attractive artwork in specified areas which has proven to deter the unattractive types of graffiti. It was recommended, however, that rather than signifying graffiti art, it might be advisable to refer to this project as artwork for promotional purposes. A motion was made by Councilman Reilly, seconded by Councilman Eck, and unanimously approved, granting permission for the promotional art project for the music album photo under the supervision of City staff with the condition that the wall be immediately repainted to its original color after the photograph is taken. Rohnert Park City Council Minutes (4) September 28, 1993 Garbage matters: Assistant to the City Manager Leivo summarized the presentation given at the previous Council meeting regarding compliance with AB 939 mandates and options related to the City's contract with Eirpire Waste Management. W. Leivo responded to various Council questions. He advised that a public hearing for this item had been duly noticed and scheduled at this time. Two resolutions for consideration were provided to Council regarding 1) setting garbage collection rates listing two optional rates based on either a 2 year contract term or based on an 8 year term and with commercial rate increases proportional to proposed average residential rate increases, and 2) approving the Second Amendment to the Agreement for collection and disposal of garbage within the City and authorizing the City Manager to execute the Amendment. M'. Leivo said if the Council is prepared to take action tonight, it would be possible to implement the residential program by November. However, if it is necessary to continue discussion beyond this timeframe, implementation would not be possible until January ist, 1994. Public Mayor Hollingsworth opened the public hearing at approximately Hearing 7:24 p.m. 1) Debbie Hales, 825 Liana Court, expressed concerns related to proposed garbage rate increases and confirmed the need for all citizens to proceed with more efficient recycling efforts. She encouraged putting the garbage service up for bid in two years. 2) Nancy Arend, 7687 Santa Barbara Drive, of Empire Waste Management, said Empire Waste offers some of the lowest rates in the area. She also noted community oriented efforts of Empire Waste, which are not often mentioned, such as employing the homeless. 3) Curtis Michelini, Co -owner of Industrial Carting, Santa Rosa, said Industrial Carting is a small family business which has provided recycling throughout the County for thirty years. He recommended putting compost pick up out to competitive bid and requested that the current franchise not be extended to the year 2000. He said it should be the responsibility of the City to support local small businesses and provide an equal opportunity to compete with the larger companies. Mir. Michelini expressed concerns regarding proposed rate increases compared to savings realized by the School District. The County in putting compost pick up out to bid. He recommended that, if Council does decide to extend the current contract, it be for a shorter period of time. W. Michelini also expressed concerns related to the term limit clause in the franchise contract to re- negotiate for an additional five years whereby every four years the company can simply renew the term. 4) Barry Adams, legal counsel representing Industrial Carting, questioned the fairness of the alternative extension to eight years. He referred to public resource code definitions of compost, recycling and solid waste. Mr. Adams requested the ability to parti - cipate in the competitive bid and suggested amortizing the compost truck and equipment over a shorter period of time. Rohnert Park City Council Minutes (5) September 28, 1993 5) Maureen Middlebrook of Empire Waste Management commended the joint efforts to meet AB 939 goals. She encouraged Council to take the next responsible step and extend the contract to implement yard waste and meet the AB 939 goals. Ms. Middlebrook asked the Council to let Empire Waste continue to serve the City as it has successfully done for many years. 6) Richena Lawson, 3120 Midway Drive, Santa Rosa, of Empire Waste Management, cited the effectiveness of its yardwaste program in other cities and encouraged implementation of the program in Rohnert Park. 7) Vicky McCartney, 3316 Santa Rosa Avenue, Santa Rosa, of Empire Waste Management, compared a similar experience with this issue when she lived in Vallejo for four years prior to working for Empire Waste for the past eight years. Vallejo has mach higher residential rates for garbage service with no recycling, composting or other advantages that Empire Waste Management offers in this area. She encouraged the Council to renew the contract and continue the good service. 8) Albert Long, 5705 Dexter Circle, recalled previous background of Council's review and contract negotiations with Empire Waste Management when there was the change to using the 90 gallon cans plus the three recycling containers. He said he also remembered comnents about the possibility of a downward adjustment in the garbage rates which has not been referred to since that time. Mr. Long asked how many additional containers would be involved if Council approves the Second Amendment to the current garbage collection contract and if the City could receive any revenues from composting and recycling. He recommended putting the yardwaste /composting portion out to bid. 9) Richard McCauley, 708 Santa Alicia Drive, described current garbage collection procedures at the apartment complex where he lives. Debris is often left behind. He expressed concerns about the options reviewed in the staff presentation. There is a whole spectrum of other options available for consideration. Mr. McCauley stressed that there is enough time to do a proper analysis of how to handle the City's long term waste management. He urged the Council to take the appropriate time to make sure the decision is crafted by the needs of the City rather than the profit needs of a large company. 10) Dave Mochel, 4405 Hollingsworth Circle, emphasized that he is neither an employee of Empire Waste Management or Industrial Carting, but just a resident that will be paying higher garbage collection rates. He urged the Council to review other options and not make haste to re- negotiate with the only proposal currently in hand. The next time this issue comes around, there may not be as many options available to consider due to the elimination of competition. Mr. Mochel recommended that the remaining two years should be the length of the existing contract and, if Council does proceed with the five year extended contract, the costs of the full length of the contract should at least be amortized. 11) Leland Kolb, 4627 Fairway, expressed concern in hearing that Council has approved a contract that guarantees a 7% profit regardless of costs. He recommended putting this item out to competitive bids. Rohnert Park City Council Minutes (6) September 28, 1993 12) Chris Slotter, 599 Racquet Club Circle, complimented the services of Empire Waste Management. He said the Sonoma Racquet Club has been able to reduce solid waste by 42% in the last two years credited largely to the help from Empire Waste. He expressed concern that other bidders might not take the overall picture into consideration. Empire Waste provides more service for less money every month, giving the example of a $1,900 savings every month in just the land fill going out of their complex. 13) Erik Knight, 7098 Avenida Cala, said the proposal with Empire Waste Management is good, but open bidding is better because it removes any doubts related to the options. He said any good business will not put all its cards on the table. Reviewing the options does not mean that Empire Waste loses and someone else wins, but it means Rohnert Park wins. Mr. Knight pointed out that the City can still go with Empire Waste Management if it is the best bid. 14) Bob Matteri, 3784 St. Andrews, said he was proud to be the previous owner and current employee of Empire Waste Management. He reviewed the rate structure since 1965 which began at a monthly rate of $1.50 per household. The proposed rate, 26 years later, is approximately $11.00 a month. This rate now includes all the additional services like street sweeping, recycling, etc. 'There have been minimal increases over the years. 15) Mike Anderson of Garbage Reincarnation Inc., referenced the analysis prepared by his research staff which was provided for Council's review and consideration. He recommended that this contract be put out to bid. He conpared diversion composting rates reviewed in their report with information provided in the staff presentation and said the total difference of approximately $100,000 is not a small amount for the residents of Rohnert Park. He recommended extending the contract for the minimal two years and put the garbage /recycling collection out to bid in four to five years. He discussed commercial subsidies giving the example of the rates tripling in San Jose. Mr. Anderson stressed the desire of his company to work with the City. Rohnert Park is the customer and can command the best price and the best service if it goes out to bid. 16) Kevin Walbridge, Division President of Empire Waste Management, agreed that Rohnert Park is the customer and various options for consideration were provided as reviewed in the city staff presentation. He said this was an agenda item in 1992 and he did not think that anyone has rushed into decisions. He reviewed the complexity of procedures and the many efforts throughout the past year that culminated with the presentation of alternatives for compliance with AB 939. He said the concerns expressed related to costs for equipment were part of meeting the City's conditions in the agreement. Mr. Walbridge said he was available to respond to questions. Rohnert Park City Council Minutes (7) September 28, 1993 17) Lisa Hardin of Industrial Carting, said she recently left the City of Fremont where rates were raised considerably to include composting. She shared concerns related to a depressed economy and said a $150,000 versus $160,000 bid is a relevant savings. She stressed the importance of concentrating on the commercial rates in the contract. The bulk of recycling is charged to commercial accounts and not to the residents. She said there needs to be some kind of rate structure for commercial accounts in order to make accurate comparisons. The idea is to enable bidders to show the savings that can be provided to the City. This would provide a more accurate bid. 18) Beverly Miller, 7435 Bridgit Drive #1, signified that she did not plan to speak during this public hearing but submitted written comments for consideration of her viewpoint encouraging the contract to be opened to all interested bidders. She advised that she lives in a 4 -plex with no arrangemnts for recycling though she does separate recyclable items. She wrote that the city needs to do a better job of supporting recycling efforts. City Manager Netter said for the record of this public hearing that five phone calls were received expressing support of the competitive bidding process and three letters with recon rendations expressing support of same from 1) Michael W. Anderson, President of Garbage Reincarnation Inc., 2) Jenny Baker -Dunn, and 3) Linda Branscomb. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 8:40 p.m. Discussion followed during which staff responded to numerous Council questions. Assistant to the City Manager Leivo explained that Enpire Waste Management had asked for an automatic extension during negotiations but the condition was not incorporated in the draft agreement. There is no obligation for the City to extend the term of the contract beyond the signified term of agreement. Lengthy discussion ensued during which Council reviewed varied opinions related to the concerns expressed during the public hearing. Discussion concluded in a motion by Councilman Eck, seconded by Councilwoman Gallagher, and unanimously approved, to defer further consideration of this item to the next Council meeting of October 12, 1993 with direction to staff to proceed with preparation of reports for Council's review as follows: 1) evaluate an RFP (request for proposal) process including steps to be used to review the proposals and ensure a proposal could be rejected if requirements are not met; 2) investigate equipment purchase options; 3) prepare a proposal for a 2 year term extension; and 4) prepare commrcial rate variations. Mayor Hollingsworth said he would like to clarify that the suggestion is not necessarily to put the burden on the residents. He is not aware of any complaints from commercial accounts. However, it is advisable to review the related figures. Vice Mayor Reilly stated that no one seems interested in putting off composting efforts. We should start yardwaste pick up now and not put it off for two years. In spite of outside legal opinions he intends to remain with the City Attorney's opinion that there is a potential of litigation if the City bids yardwaste pickup separately. Rohnert Park City Council Minutes (8) September 28, 1993 RECESS Mayor Hollingsworth declared a recess at approximately 8:40 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 8:52 p.m. and with the exception of Councilwoman Spiro, all Councilmembers were present. SW Station: As a courtesy to the Boys & Girls Club representative, Mayor Hollingsworth said matters related to the SW Station item scheduled later on the agenda would be reviewed at this time. City Manager Netter reviewed the history of the use of the SW Station by the Sonoma County Office of Education and the Boys & Girls Club. He shared contents of letter dated September 14, 1993 advising that the Sonoma County Office of Education has requested to relinquish the renting of the Administration offices located in the old Dispatch room, the Police Chief's office and two offices across from the Dispatch room -and-and, therefore, is requesting a change in the rental agreement reflecting the reduced amount of space rented at 435 Southwest Boulevard. City Manager Netter then shared contents of the lease agreement and letter dated September 20, 1993 from the Boys & Girls Club requesting inclusion of the above- reviewed additional space in its present agreement with the City. Mr. Netter explained the current arrangements with the Boys & Girls Club in that the Club covers all renovative construction costs necessary to meets its needs at the facility and, in turn, the City has agreed to charge only a token $1 amount for the rent. City Manager Netter confirmed staff recomrendation for use of the additional SW Station space to the Boys & Girls Club and said another option would be to ask the Connunity School to totally vacate the building. Discussion followed. A motion was made by Councilman Eck, seconded by Councilwoman Gallagher, and unanimously approved, to accept staff's recomrendation to allow the Sonoma County Office of Education out of the lease for the office space effective October 15, 1993 and to include the additional space at SW Station in the present use agreement with the Boys & Girls Club with direction for staff to further discuss with the Community School options for its entire relocation prior to the expiration of the lease term. Minor alcohol offense /loud party ordinance: City Manager Netter explained the ordinance for introduction which was reviewed at the previous Council meeting and resulted in direction for a public hearing to be scheduled at this time. Discussion followed during which varied concerns were expressed related to the continued paper nightmare and confirmation of existing user fees, booking fees, etc. that no one likes but is a reality. Public Mayor Hollingsworth opened the public hearing at approximately Hearing 9:01 p.m. There being no one desiring to speak, the Mayor closed the public hearing. Rohnert Park City Council Minutes (9) September 28, 1993 Ordinance for introduction: No. 581 AN ORDINANCE OF THE CITY COLUCIL OF THE CITY OF ROHNERT PARK ADDING CHAPTER 9.48 TO TITLE 9 OF THE ROHNERT PARK M.NICIPAL CODE RELATING TO NUNOR ALCOHOL OFFENSE /LOUD PARTIES AND IN)OSING A POLICE SERVICE FEE Upon motion by Councilman Reilly, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 581 was waived and said ordinance was introduced. In response to recommendation by Councilwoman. Gallagher to revisit this issue in a year, Councilman Eck said the issue would automat- ically come to the attention of Council if this approach is not working. Mayor Hollingsworth said he viewed the ordinance as needful support to the Department of Public Safety. RECESS Mayor Hollingsworth declared a recess at approximately 9:02 p.m. in order to convene the Comnmity Development Agency meeting. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:52 p.m. and, with the exception of Councilwoman Spiro, all Councilmembers were present. Mayor Hollingsworth said, due to the lateness of the hour, only the following necessary items would be reviewed as signified in these minutes, and the remaining items listed on the agenda would be deferred to the next regular City Council Meeting of October 12, 1993. Bicycle Advisory Committee recommendations: Rick Luttmann, representing the Bicycle Advisory Committee, shared contents of letter dated September 3, 1993 with recommendations responding to the California Bicyclist's Civil Rights Alliance signage concerns on Southwest Blvd. He explained that the Bicycle Advisory Committee recommends changing the existing bicycle regulatory signs to directional signs directing bicyclist to an appropriate bicycle path. Mr. Luttmann confirmed that the concerned representative of California Bicyclist's Civil Rights Alliance, Johnny King, had reviewed the Bicycle Committee's recommendation and he thought it was acceptable. Director of Public Works /City Engineer Brust responded that Mr. King has signified, however, that he still feels the burms are inappropriate. Discussion followed during which City Attorney Flitner responded to Council questions regarding legalities. He confirmed writing a letter to Mr. King differing with W. King's opinion that the law that permits the bike path restrictions was an oversight. Mr. Flitner shared his opinion that if high risk areas have been identified, it would be the responsibility of the City to establish the necessary safety measures. City Attorney Flitner responded further to Council inquiry that he would call the League of California Cities to see if further information is available related to the legalities of this issue. Council concurred to defer the bicycle signage concerns on Southwest Blvd. to a future agenda following further review of the matter by the City Attorney, the City Engineer and the Public Safety Department. I Rohnert Park City Council Minutes (10) September 28, 1993 tkischeduled Public Mayor Hollingsworth asked if anyone in the audience wished to make an Appearance appearance at this time. Linda Branscomb, 21 Anne, of the former Interim Housing Task Force, asked how nuch money is currently in the Community Development Agency fund. City Manager Netter confirmed that the uncommitted funds in the low to moderate housing funds is now approximately $498,000. 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. City Manager Netter referenced letter dated September 22, 1993 from the County Board of Supervisors seeking nominations for two Board of Directors' positions to represent Sonoma County on the North Coast Railroad Authority. He pointed out that the applications are due on September 30, 1993. Discussion ensued confirming the seriousness of this matter, that participation on the NCRAB would be very time consuming, and that Council would want to put out feelers for potential nominations. Council directed staff to request an extension of the application deadline date in order to allow sufficient time for necessary considerations. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:05 p.m. to 5:30 p.m. on Thursday, October 7, 1993 for a Joint Meeting with the Mobile Home Rent Appeals Board. Depf Citv/Clerk M jh Mayor