Loading...
1994/08/23 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES August 23, 1994 The Council of the City of Rohnert Park met this date in regular session commencing at 6:20 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Reilly presiding. CALL TO ORDER Mayor Reilly called the regular session to order at approximately 6:40 p.m. He reported on the closed session items listed on the agenda. There was no action to report. Moment of Silence Mayor Reilly called for a moment of silence in honor of the passing of Erlene Pell, former City Councilwoman and Mayor of the City of Cloverdale. Pledge Mayor Reilly led the audience in the Pledge of Allegiance. ROLL CALL PRESENT: (5) Councilmembers Eck, Gallagher, Spiro Hollingsworth, and Mayor Reilly ABSENT: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Director of Public Works /City Engineer Brust, and Finance Director Harrow. Approval of Minutes Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, the City Council Minutes of August 8 and 9, 1994, were approved as published. Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, City bills presented per the attached list in the amount of $720,486.65 were unanimously approved. Non - agendaed matters Mayor Reilly queried if any Councilmember had any non - agendaed items to add to the agenda. Councilmembers Eck, Spiro, and Gallagher asked for additions to Matters from /for Council. Unscheduled Public Mayor Reilly stated that in compliance with State Appearances law (The Brown Act), citizens wishing to make a comment may do so at this time. Under the Brown Act, in most cases, the Council cannot handle an item without it being listed on the agenda. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are Rohnert Park CiLty Council Minutes August 23, 1994 Page 2 requested to submit completed cards to the recording clerk. Ben Friedman, 655 Enterprise Drive, stated that it was not proper for public safety officers to be involved in the recall of Councilmembers. Mayor Reilly clarified that the Council had no jurisdiction over the Rohnert Park Police Officers Association ( RPPOA), a union. The RPPOA had the same constitutional rights as any citizen organization to participate in political processes. He suggested that Mr. Friedman contact the RPPOA directly. John Hudson, 399 Bonnie Avenue, spoke about the unfairness of publishing the Notice of Election and Notice to Submit Arguments for the ballot pamphlet one business day before the deadline. He stated that it was improper for the City Attorney to sign the statement in support of Measure K (Article 34). City Attorney Flitner responded to questions from Councilmembers. Mayor Reilly noted that City Attorney Flitner was authorized by the City Council to prepare a statement in support of Measure K. He asked City Attorney Flitner to review the law any' confirm whether he could sign the statement. C O N S E N T C A L E N D A R Mayor Reilly queried if any Councilmember had any questions regarding the matters on the Consent Calendar which were reviewed in the City Manager's Council Meeting Memo. Councilwoman Gallagher requested that Resolution No. 94 -132, Resolution No. 94 -133, and Ordinance No. 591 be removed from the Consent Calendar for discussion. Council concurred. Acknowledging the City Manager /Clerk's report on posting of agenda. Resolutions: No. 94 -131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK PROCLAIMING SEPTEMBER 1 - 30, 1994 AS "SCHOOL'S OPEN - DRIVE CAREFULLY" MONTH. No. 94 -134 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN EXTENSION TO A LEASE AGREEMENT WITH KONOCTI GIRL SCOUT COUNCIL FOR USE OF TF SCOUT HUT. No. 94 -135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK IN SUPPORT OF SB 1321 ADDRESSING THE BURDEN OF STATE MANDATES WITHOUT ADEQUATE FUNDING. Rohnert Park City Council Minutes August 23, 1994 Page 3 No. 94 -136 A RESOLUTION OPPOSING PROPOSITION 188, THE "CALIFORNIA UNIFORM TOBACCO CONTROL ACT." No. 94 -137 A RESOLUTION APPROVING UPDATED JOB DESCRIPTION FOR PERFORMING ARTS CENTER BUSINESS /BOX OFFICE MANAGER. No. 94 -138 A RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING A PAY RATE AND RANGE FOR MOBILE HOME RENT CONTROL/AFFORDABLE HOUSING REPRESENTATIVE. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, with the exception of Resolution No. 94 -132, Resolution No. 94 -133, and Ordinance No. 591, the Consent Calendar, as outlined on the meeting's agenda, was unanimously approved. No. 94 -132 RESOLUTION - AWARD OF CONTRACT, OVERLAYS - 1994, PROJECT NO. 1994 -4. City Manager Netter responded to Council questions. He explained that the City developed a priority listing of resurfacing projects each year based on the age of the road and existing conditions. No. 94 -133 RESOLUTION OUTLINING POLICY CONCERNING USE OF FEES DEPOSITED IN CAPITAL OUTLAY FUND. City Manager Netter responded to Council questions and explained that rates were not changed, only adjusted according to percentage agreements in various accounts. Ordinance No. 591 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION 5.12.130 OF CHAPTER 5.12 OF THE ROHNERT PARK MUNICIPAL CODE TO PROVIDE FOR OPERATION OF CARNIVALS. City Manager Netter responded to Council questions. There was discussion regarding the definition of "carnival" and whether it included non - profits such as The Crane Melon Festival. MOTION Upon a motion by Councilman Eck, seconded by Councilwoman Gallagher, and unanimously approved, the adjective "commercial" was placed before all occurrences of the term "carnival" in Ordinance No. 591. MOTION Upon a motion by Councilmember Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, Resolution No. 94 -132, Resolution No. 94- 133, and Ordinance No. 591, as amended, were adopted. Rohner z Park City Council Minutes August 23, 1994 Page 4 Scheduled Public Appearances: 1. Elizabeth Olsen, Newspaper in Education (NIE), P. O. Box 1802, Sonoma, CA 95476, requested that the City become a sponsor of the newspaper literacy program in the schools. Discussion and questions from Councilmembers included: 1) Concern over allocation of resources to this and other school programs; 2) NIE is a for - profit organization: 31 Whether NIE has been endorsed by the School District; and 4) NIE should contact private sponsors such as the Chamber of Commerce. It was the consensus of the Council that NIE present their proposal at the next City /School District joint meeting. Councilwomen Spiro and Gallagher will attend the joint meeting. Rescheduling of After discussion, it was the consensus of the General Plan Work Council to schedule the next General Plan work Session session on Tuesday, September 6, 1994, from 6:00 P.M. to 8:00 p.m. in the City Council Chambers. Rent Appeals Two applications had been received and forwarded to Board Appointment Councilman Hollingsworth. Both applicants were present in the audience. Councilman Hollingsworth deferred his nomination until he could intervie the applicants. Mobile Home Rent Control Matters: 1. Emergency Ordinance for Introduction - Moratorium on Rental . Increases. City Attorney Flitner reviewed the court action in the Hillsboro Properties capital improvement pass- through case. The federal judge indicated she would declare Ordinance No. 494 unconstitutional at the September 9, 1994 status conference. Such action would not take effect until a written decision was issued. It was uncertain as to when an appeal could be filed and whether an appeal would stay the action. The park owners' attorney indicated that mobile home park owners would begin processing Green Book noticed rent increases. In addition, the November ball.9t would ask citizens to allow the Council to make amendments to Ordinance 494. City Attorney Flitner suggested that the Council consider an emergency moratorium on rents for 90 days which might allow the Council to carefully deliberate future actions regarding rent stabilization issues. Discussion by Councilmembers followed. Ordinance No. 592 AN ORDINANCE OF THE CITY OF ROHNERT PARK DECLARING A MORATORIUM ON THE IMPOSITION OF RENTAL INCREASI IMPOSED UPON MOBILEHOMES LOCATED ON FIVE (5) MOBILE -HOME PARKS WITHIN THE CITY FOR A PERIOD OF NINETY (90) DAYS AND DECLARING AN EMERGENCY. Rohnert Park City Council Minutes August 23, 1994 Page 5 MOTION Upon a motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, Ordinance No. 592 was declared an emergency ordinance under the powers of the City Council and was submitted for consideration. MOTION Upon a motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, Ordinance No. 592 was adopted as an emergency ordinance under the powers of the City Council. 2. Draft Rent Stabilization Ordinance - City Manager Netter reviewed the draft ordinance. It was the consensus of the Council that City Attorney Flitner should determine whether the administrative activities of Ordinance No. 494, such as Rent Appeals Board meetings, should be suspended due to the pending decision that Ordinance No. 494 is unconstitutional. An opinion would be submitted and appropriate parties would be notified of any suspension of Rent Appeals Board meetings. ADJOURNMENT Mayor Reilly adjourned the City Council meeting at approximately 7:33 p.m. RECONVENE Mayor Reilly reconvened the City Council meeting at approximately 8:13 p.m. with all Councilmembers present. Codding Proposal - City Manager Netter stated that the terms of the Industrial Building lease agreement were being discussed and would be presented to the Council at a later date. Performing Arts Center Matters: 1. Council Committee Meeting of 8/16/94 Report - Councilman Eck reported that the information meeting with symphony members included discussion of a fiscal package that would not jeopardize their nonprofit status. The name had also been changed to New West Chamber Orchestra of Rohnert Park. 2. Promotional Proposal from Linda Holmes, Arts Commission Chairwoman - City Manager Netter reviewed the proposals. He recommended that banners continue to not be permitted in the City. Sonoma County Transit would allow placing of posters in bus shelters and buses at no cost. Discussion by Councilmembers included the existing prohibition on banners and signs, whether the use of banners on the PAC building was appropriate, and posting on shopping center kiosks. City Manager Netter would also gather information on possible grants such as one from Sonoma County. Rohnert Park City Manager Netter reviewed the staff report and Rohnert Park City Council Minutes August 23, 1994 Page 6 Library Expansion assorted site maps. Based on meetings with the Sonoma County Library System and the School District, the Southwest Boulevard site was the most appropriate. Unfortunately, the two agencies and the CDA had no funds to dedicate to the project at this time. Mayor Reilly stated that the Library Director had issued a statement that the project was defunct, Di cr»csi on by f of -Inci 79.; ®...� r" .., . Jed appropriateness of other sites and -L future opportunities and funding options. Proposed Bicycle City Manager Netter stated that the proposed plan Plan was provided for information purposes and would be submitted to the Planning Commission and Parks & Recreation Commission for their review and comment. Staff would then present all findings for the Council's review. Cable TV Joint Assistant City Manager Leivo reported that two Powers Agency hearings on rate regulation had been conducted by the Agency. They reviewed the expert report and determined that the basic service rate should be reduced by approximately one dollar per month and that other services and installation rates should also be reduced. This decision would be retroactive to September 1, 1993. MultiVision Cable TV could appeal the decision to the FCC and the rate reductions would be stayed until an FCC decision. There were no questions from Councilmembers. Monterey Conference Update - Councilwoman Gallagher reported that conference highlights included: 1) an update on state budget; 2) a review of citizen campaign reform efforts; and 3) a comparison of prison costs and education costs. She sponsored a resolution to lobby the federal government to provide interest - free loans for cities, counties, and school districts. She discussed a session regarding the importance of planning for mixed -use neighborhoods, utilizing good architecture. Communications Councilwoman Spiro called for a committee to review ABAG's proposed revisions to the state constitution (item No. 3). Any input was due by September 30, 1994. After discussion, Mayor Reilly asked Councilmembers to submit any comments. The item will be placed on the agenda if warranted. Councilwoman Spiro requested that the concerns expressed by Nan Crawford (item No. 4) be addressee when drafting a mobile home space rent stabilization ordinance. Specifically, the term "resident" should be used in place of "tenant" when referring to mobile home coach owners. Rohnert Park City Council Minutes August 23, 1994 Page 7 City Manager's Report: 1. The Fall Cleanup on October 14 -23, 1994, would be held at the Rohnert Park Stadium Parking Lot. Councilmember Eck asked for more control over who could deposit items. 2. City Manager Netter would be on vacation from August 24 through September 9, 1994. Assistant City Manager Leivo would be the acting City Manager. 3. The CAJPIA Conference would be held on September 21 -23, 1994. City Attorney's report: 1. Closed Session items - were covered previously during the meeting. 2. Article 34 - City Attorney Flitner stated that a rebuttal to the argument for or against was due by September 1, 1994. Discussion by the Council followed. MOTION Upon a motion by Councilwoman Spiro, seconded by Councilman Hollingsworth, and unanimously approved, City Attorney Flitner was authorized to draft a rebuttal to the statement against Article 34. Councilman Eck indicated that he would sign the rebuttal. Matters from /for Council: 1. The North Bay Division, League of California Cities, would hold its general membership meeting on Thursday, September 1, 1994.• Proposed revisions to the state constitution would be discussed. 2. Councilman Eck requested that painting costs for water towers be reviewed. Director of Public Works /City Engineer Brust stated that only one tower was unpainted. The tower on Seed Farm Drive was made of a steel alloy designed to oxidize. The oxidized surface repelled paints. He would review possible alternatives. 3. Councilwoman Spiro reported on the Laguna de Santa Rosa Task Force meeting and brought an Estuary magazine article on an "environmental golf course." 4. Councilwoman Gallagher reported on her efforts to identify community leaders for the Neighborhood Watch program in L and M Sections. 5. Mayor Reilly received a thank you letter from delegates from the Sister Cities program. 6. Councilwoman Spiro requested that holding neighborhood Council meetings be placed on the next agenda. Rohnert Park District matters - There were none. Rohrnert Park City Council minutes August 23, 1994 Page 8 Unscheduled Public Mayor Reilly asked if anyone in the audience wished Appearances: to make an appearance at this time. There were two appearances. Lorna Blanc, Five -Parks Committee Chairwoman, asked for clarification on the emergency rent freeze, Ordinance No. 591. City Attorney Flitner responded that the rent freeze would be effective durinv the filinu_ of the written decision and pursuit of an appeal. David Rostoff, Valley Village resident, stated that he would research recent state legislation and provide information to the City Council regarding interest on security deposits in mobile home parks. Mayor Reilly confirmed that the recent City ordinance regarding interest on security deposits included new residents in mobilehome parks. Adjournment Mayor Reilly adjourned the meeting at approximately 9:00 p.m. to the General Plan Work Session to begin at 6:00 p.m. on Tuesday, September 6, 1994 at City Council Chambers. F �_ ME"M� ��� 7" Secretary