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1994/11/29 City Council MinutesRohnert Park City Council Minutes November 29, 1994 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 Pro Tempore Eck presiding. CALL TO ORDER -Mayor Pro Tempore Eck called the regular session to order at approxi- mately 6:23 p.m. and led the pledge of allegiance. Mayor Pro Tempore advised that a closed session comrenced this evening at 6:00 p.m. to discuss litigation matters, personnel matters and real estate negotiations as listed on the agenda attachment. The City will report on the two litigation cases later on the agenda regarding Sine I vs. the City of Rohnert Park and Hillsboro vs. the City of Rohnert Park. The personnel matter was pertaining to a public Safety employee disability retirement and the real estate negotiation was pertaining to Sewer Plant land /Assistance Dog Institute and T's Academy. He said no action was taken and there was nothing further to report at this time. ROLL CALL Present: (4) Councilmembers Eck, Gallagher, Hollingsworth and Spiro Absent: (1) Mayor Reilly (due to attending a family funeral service) Temporary Youth Committee absent: Representative Jennifer Mello 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, Planning Director Skanchy, Recreation Director Pekkain and Fire Services Commander Shields. Approval of Minutes: Councilwoman Gallagher referred to bottom of page 2 of the November 8th minutes and said to said to change Mr. Kitchen's comment from "representing the Golf Club" to " representing the citizens of the Golf Course Committee ". Councilwoman Gallagher to page 7 of same minutes to add the reason Councilman Hollingsworth expressed at the meeting for leaving the chamber, which was to avoid a conflict of interest because of having a business relationship with the Rosens of the next Council agenda item. Upon motion by Councilwoman Gallagher, seconded by Councilman Hollingsworth, including above- reviewed corrections, the minutes of November 8, 1994 were unanimously approved as amended. Approval of Bills: City Manager Netter responded to Council questions related to the bills presented for approval. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, City bills presented per the attached list in the amount of $1,497,593.54 were unanimously approved. Rohnert Park City Council Minutes (2) November 29, 1994 Non - agendaed matters: Mayor Pro Tempore Eck asked if any Councilmember had any items to add to the agenda. Councilwomen Spiro and Gallagher each signified miscellaneous items, if time permitted. City Manager Netter signified three miscellaneous items. Unscheduled Public Appearances: Mayor Pro TenQore Eck stated that in coiTpliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this t.i,Tr ParSnnG gnrakinrt iinrlPr iinGrha�-iri1Pd Public anne?airanCeS are? - _ - -- ---- -� _= - - -� - -- -- ---- _ >- -�_ - -- -__- -_ =_- requested to submit completed cards to the recording clerk. Ramon J. Largaespada, 7214 Circle Drive, inquired about the possibility of more jobs for youth in the comtunity. Mayor Pro Tempore responded that the City previously had a Youth Job Corp that is no longer active. He recommended that the speaker and Joe Turr of 41 Avram, who left the Council meeting prior to speaking, present their inquiry at the next Youth Committee meeting to be held at 4:00 p.m. next Monday, December 5th, 1994. In the absence of Youth Committee Representative Jennifer Mello, City Manager Netter said arrangements would be made to send Youth Committee meeting agendas to both young men referenced herein. Katherine Collins, 828 lilac Way, reviewed concerns related to three extensive P.G.& E. outages during the past three weeks. Because of causing various hardships on residents and businesses, she thought it would be beneficial to have reports from P.G.& E., as required in the past, explaining the outages. Ms. Collins inquired about the parking lot at Self- Service Furniture and Century 21 addition to which City Manager Netter responded. Katherine Collins also inquired about not receiving a public hearing notice for the abandoned shopping carts. City Manager Netter responded that the mailing list used was to the store owners that have had an apparent problem with the abandoned shopping carts. C O N S E N T C A L E N D A R Mayor Pro Tenpore Eck asked if any Councilmember had any questions regarding the matters on the Consent Calendar. Councilwoman Gallagher requested Resolution Nos. 94 -179 and 94 -185 be removed from the Consent Calendar for further discussion. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 94 -180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING SPACE /LEASE RENTAL AGREEWNT WITH THE SENIORS' CRAFT SHOPPE FOR ROOM SPACE AT THE COMING CENTER No. 94 -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING ALUMORIZATION OF THE CITY MNAGER TO EXECUTE U.S. DEPARTWN'T OF JUSTICE /OFFICE OF JUSTICE PROGRAMS GRANT AMRD AGREEMENT FOR COMM-NITY ORIENTED POLICING SERVICES (COPS) PHASE I PROJECT (Award Number 95DMBX0185) Rohnert Park City Council Minutes (3) November 29, 1994 No. 94 -182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Ra*ERT PARK APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS, "M' PARK - PHASE II PROJECT No. 94 -183 RESOLUTION CALLING FOR SEALED PROPOSALS, TRAFFIC SIGNALS - 1993, PROJECT NO. 1993 -2 No. 94 -184 RESOLUTION CALLING FOR SEALED PROPOSALS TO RE -ROOF THE ROHNERT PARK PUBLIC LIBRARY Ordinance for introduction; No. 596 AN ORDINANCE OF THE CITY COLNCIL OF THE CITY OF ROHNERT PARK AM MING CHAPTER 8.32, USE OF TOBACCO IN PUBLIC PLACES, OF THE ROHNERT PARK MUNICIPAL CODE TO CONFORM WITH AB13, SMDKING IN ENCLOSED PLACES OF EMPLOYMENT Councilwoman Spiro brought attention to page 2, item 3 of this ordinance pointing out the omission of the word 'hot" in the last sentence which should read 'Air from the smoking area shall not be recirculated to other parts of the building. Upon motion by Councilman Hollingsworth,seconded by Councilwoman Gallagher, with the exception of removing Resolution Nos. 94 -179 and 94 -185 and with the above - reviewed correction to Ordinance No. 596, and with the absence of Mayor Reilly, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Award of Contract, Traffic Signals - 1992, Project No. 1991 -8 - Upon request of Councilwoman Gallagher, this item pertaining to consideration of Resolution No. 94 -179 was deferred to further discussion and review during the Signalization Program update scheduled later on the agenda. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING No. 94 -185 AMENDED LEASE AGREEMENT FOR USE OF CITY RIGHT OF WAY - RATIFICATION (Winston Tires, 5050 Commerce Blvd.) Councilwoman Gallagher signified her desire to vote no on the adoption of this resolution to be consistent with her previous vote against the Winston Tire project being located in the designated area. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and approved with Councilwoman Gallagher dissenting and the absence of Mayor Reilly, Resolution No. 94 -185 was adopted. Mobile Home Park matters: 1 /a. Post Election - Ordinance 494 /Extension of Mbratorium Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK EXTENDING THE MORATORIUM ON No. 597 THE IMPOSITION OF RENTAL INCREASES BASED ON CAPITAL IMPROVEMENTS INSTALLED IN ANY OF THE FIVE (5) MDBILEHONE PARKS LOCATED WITHIN THE CITY OF ROHNERT PARK FOR AN ADDITIONAL SIXTY -FIVE (65) DAYS AND DECLARING AN EMERGENCY City Attorney Flitner explained the ordinance, including comrents reviewed in the Council Meeting Memo, and responded to Council questions. Mr. Flitner recommnded adoption of an emergency ordinance for reasons of hardship to the mobilehome park residents because the Rohnert Park City Council Minutes (4) November 29, 1994 current moratorium is scheduled to expire on November 21, 1994 and with the recent Measure L approval by the electorate on November 8th, 1994, the City Council can amend Ordinance 494. City Attorney Flitner responded to Council questions. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved with Mayor Reilly absent, declared an emergency based upon above - reviewed findings and meeting the requirement of a 4 /5ths vote, reading of Ordinance No. 597 was waived and said ordinance was adopted. L/ u. OrditwclC:C 4934 amendments: 1) Capital improvements Pass Through; 2 ) Change of Term limits; 3) Change CPI date from October to September each year City Attorney Flitner explained this item as reviewed in the Council Meeting Memo and responded to Council questions. Discussion concluded upon motion by Councilman Hollingsworth, seconded by Councilwomen Spiro, to refer this item to the Mobile Home Park Rent Appeals Board to set a date for Rent Appeal Board public hearing and then consideration by the City Council. 2. Mobile Home Park Purchase Program Council Committee Member Vice Mayor Eck and City Manager Netter reported on the meeting held with representatives from Stone & Youngberg and CB Commercial regarding the Mobile Home Park Purchase Program for Valley Village Mobile Home Park, as reviewed in the Council Meeting Memo, and responded to Council questions. It was acknowledged that representatives from Stone & Youngberg were present at tonight's City Council meeting to respond to questions. Discussion concluded upon motion Councilwoman. Spiro, seconded by Councilwoman Gallagher, authorizing the City Manager to sign the agreement to proceed with Stone & Youngberg for obtaining an independent appraisal of Valley Village including an environmental assessment and an economic feasibility report in an amount not to exceed $15,000 from the City's Special Housing Fund, was unanimously approved. Vice Mayor Eck commented that he thought the Council Committee comprised of himself and Mayor Reilly has had enough meetings on this item and should have full Council review hereafter. 3. Mobile Home Park litigation matters: a) Sims I vs. City of Rohnert Park - City Attorney Flitner reported that the Sim I Greenbook case was argued in the Court of Appeals on November 17th, 1994 and a decision should be forthcoming by the end of the year, hopefully for the best. b) Hillsboro vs. City of Rohnert Park - City Attorney Flitner reported on this case that the failure of Ordinance 494 not having pass through provisions will be considered before too long. Proposed ordinance amexvdnents address related concerns and the appeal will continue. City Attorney has been asked to review the proposed amendments for submittal to the court. He will address the concerns in the ordinance provisions and these will come before the Council for review prior to consideration of adoption. Rohnert Park City Council Minutes (5) November 29, 1994 Resolution A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE INSTALLATION No. 94 -186 OF STOP SIGNS (on Madison Avenue at 1521 Madison Avenue) City Manager Netter explained this item which was carried over from the previous Council meeting. Discussion concluded upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved with Nlayor Reilly absent, to install the stop sign but to revisit the Madison Avenue stop signs in six (6) months, reading of Resolution No. 94 -186 was waived and said resolution was adopted. Councilman Councilman Hollingsworth left the chamber during the following staff Hollingsworth- report at approximately 7:08 p.m. returning at approximately 7:11 p.m. leaves /returns Parks and Recreation matter: 1. Golis Park Baseball Field Lighting - Recreation Director Pekkain shared contents of staff report on this item including results of a second public hearing conducted at Goldridge Elementary School and concluding that the Parks & Recreation Commission recommends lighting the baseball field at G-Park under the following conditions: the lights would be operated Mbnday through Saturday from April through August and Monday through Sunday, September and October up to 10:00 p.m. and in November only four days a week up to 9:30 p.m. Recreation Director Pekkain responded to Council questions. Public Mayor Pro Tempore Eck opened the meeting to receive public comments at Comments approximately 7:15 p.m. Public comments related to lighting at Golis Park Baseball Field were submitted on speaker cards or other written and /or verbal communica- tions expressing support or opposition by citizens as follows: Greg Nordin, 1502 Golf Course Drive - OPPOSE Katie Crump, 6841 Avenida Cala - SUPPORT Steve Cincera, 1516 Griffin Way - SUPPORT Gary Tatman, 1028 Hawthorne Cr.,with petition /150 signatures - SUPPORT Jerry Griffin, Parks & Recreation Commissioner - SUPPORT John O'Neill, 4374 Gloria Court - OPPOSE Laurel McCarthy, 4315 Grove Court - OPPOSE Betsy Smalarz, 1541 Genesis Court - OPPOSE There being no one further desiring to speak, Mayor Reilly closed the public comment portion of this meeting at approximately 7:45 p.m. Discussion concluded upon motion by Councilwoman Gallagher, seconded by Mayor Pro Tempore Eck, to support the Parks & Recreation Commission recommendation for Golis Park Baseball Field lighting, failed by the following roll call vote: AYES: (2) Councilwoman Gallagher and Mayor Pro Tempore Eck NOES: (2) Councilman Hollingsworth and Councilwoman Spiro ABSENT: (1) Mayor Reilly City Attorney Flitner confirmed that the motion failed with the 2 -2 vote with acknowledgment that lighting at Golis Park Baseball Field did not pass, as recommended by the Parks and Recreation Commission, because only the City Council has the authority to approve such expenditures. Rohnert Park City Council Minutes (6) November 29, 1994 RECESS Mayor Pro Tenpore Eck declared a recess at approximately 8:00 p.m. RECONVENE Mayor Pro Terrpore Eck reconvened the Council meeting at approximately 8:13 p.m. with all Councilmembers present with the exception of Councilman Hollingsworth arriving late during the next staff <-r�port at approximately 8:15 p.m. Parks and Recreation matters: cont'd Resolution A R—FS OT= T T_P= T (1T=' T nP _ TL± r'T : :ry + rv+nvvri rr —Url .r..AJ iia vi iul. 1 i Y VC tCVi71VGtC1' L'LitClt No. 94 -187 AUTHORIZING AND APPROVING Ar�ENDED AGREEMENT WITH WESTERN BASEBAir LEAGUE City Manager Netter explained the resolution approving cosmetic changes in the amended agreement with the main change being to lengthen the lease term from five (5) to ten (10) years resulting in a more reasonable rent charge to the Western Baseball League now that actual cost estimates are available. City Manager introduced the new owner of the Franchise, Bob Fletcher, who was available at tonight's meeting to respond to Council questions. Bob Fletcher, new owner of the Franchise for the Western Baseball League, reviewed the up- coming schedule with starting play Friday night, May 19, 1995, with 45 home games to August 20, 1994 and play -offs the second week in September. He confirmed the League has been receiving extensive and excellent publicity and that excitement in the community is building. Construction should start in the next two months. Mr. Fletcher reviewed the potential capital improvement plans submitted for Council's review and requested at some point in the near future consid- eration of the possibility of the City's assistance to make more of those improvements in a more timely fashion. Discussion concluded upon motion by Councilwoman Gallagher, seconded by Councilman Hollingsworth, and unanimously approved with the absence of Mayor Reilly, reading of Resolution No. 94 -187 was waived and said resolution was adopted. Abandoned Shopping Carts: City Manager Netter reported on this item as reviewed in the Council Meeting Memo. Language has been added to the ordinance introduced at the previous Council meeting, as directed by Council, for the minimum number of six ( 6 ) abandoned carts per ca 1 endar year before a fee is charged. The ordinance is now up for adoption following the public hearing duly noticed and scheduled at this time. Also submitted for Council's consideration is a resolution establishing the $25.00 per cart fee which would enable, as costs increase, cart fee increases without amending the ordinance. Mayor Pro Tempore Eck reported on recent conT=ications regarding efforts of store owners and managers to try and address the problem which some had not been aware had reached the magnitude of so many abandoned shopping carts. He understood there was at least one store that still had not signed on to participate in the effort. Rohnert Park City Council Minutes (7) November 29, 1994 Abandoned Shopping Carts item: cont'd City Manager Netter responded to Council questions including confirm-: - tion of extensive discussions with the City Attorney pertaining to quasi public areas which are partial public areas like parking lots or other areas accessible by the public. Comparisons were made of examples of cost recovery and retrieval systems of other areas. Public Mayor Pro Tempore Eck opened the public hearing at approximately Hearing 8:32 p.m. Public comments pertaining to adoption of the proposed ordinance related to this matter were submitted on speaker cards or other written and /or verbal communications expressing support or opposition by citizens as follows: Sonoma County Water Agency, by letter from William Stephens - SUPPORT (Manager of Flood Control Maintenance Division) Bert Jackson, 1455 Woodacre Trail, Santa Rosa, by phone call - OPPOSE Benjamin Friedman, 655 Enterprise Drive - OPPOSE Katherine Collins, 828 Lilac Way - SUPPORT Ken David, Manager of Payless Drug Store - OPPOSE Linda Branscomb, 6585 Commerce Blvd. #188, - SUPPORT - and encouraged a voluntary effort to assist seniors There being no one further desiring to speak, Mayor Reilly closed the public hearing at approximately 8:45 p.m. Discussion included a motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, to leave the proposed ordinance in abeyance to see how the stores manage cart retrieval systems now that they are more fully aware of the situation. Council concurred to table the ordinance and revisit the matter regarding abandoned shopping carts in three months at the second Council meeting in March of 1995. Bicycle Advisory Committee appointment: Accepting resignation of Andrew L. Hutchins - Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, with direction to send letter of regrets, the acceptance of Andrew Hutchins' resignation from the Bicycle Advisory Committee was unanimously approved. Resolution RESOLUTION CALLING FOR SEALED PROPOSALS FOR THE PURCHASE, INSTALLATION No. 94 -188 AND REPAIR OF MISCELLANEOUS SIGNS City Manager Netter explained this resolution for Rohnert Park City signs as follows: 1) the Performing Arts Center sign; 2) Friendly City sign; and 3) City Hall sign. Staff recommends calling for sealed proposals in conjunction with all three signs. City Manager responded to Council questions. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -188 was waived and said resolution was adopted. Rohnert Park City Council Minutes (8) November 29, 1994 Planning and Zoning matters: File No.1129 - Robert H. Lee & Associates, Inc., Chevron/McDonalds - Use Permit, Site Plan and Architectural Review to remodel the existing Chevron Service Station to allow for a McDonald's fast food restaurant and an express drive through window. Subject property is located at 300 Redwood Drive in the CR PD District - Planning Director Skanchy reviewed the staff report on this item referencing plans on display and responded to Council questions. Introductions were made of applicant representatives as follows: Mr. John Hicks, Architect for Robert H. Lee & Associates Mr. Jim Jimison of McDonald's Mr. Dave Coleman, of Chevron Ms. Dalene Whitlock, Traffic Specialist of TJKM Transportation Consultants The above - listed applicant representatives reviewed highlights of the proposal and responded to Council questions. Discussion concluded upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, to take no action and let the Planning Commission recommendation stand approving application of File No.1129. Said motion failed by roll call vote as follows: AYES: (2) Councilman Hollingsworth and Councilwoman Spiro WES: (2) Councilwoman Gallagher because of potential car stack- ing from combined fast food service and vehicles getting gas as well as concerns about traffic congestion on the wrest side until overpass improvements are accomplished; and Mayor Pro Tempore Eck because he had concerns about the combined services. ABSENT: (1) Mayor Reilly Acknowledgment was made that the failed motion signified no action by the City Council and the Planning Commission action stands. File No. 1659 - Pep Boys (Reeves & Associates) Use Permit, Site Plan and Architectural Review for a Pep Boys automotive parts, retail and service center to be located at 4805 Redwood Drive contiguous to the Home Depot and Wal -Mart Stores - Planning Director Skanchy reviewed the staff report on this item referencing plans on display and responded to Council questions. Mr. Larry Reeves of Reeves Associates Architects Inc. for Pep Boys was introduced and shared background development of Pep Boys automotive services in California, reviewed details of the proposed project for Rohnert Park, and responded to Council questions. Dave Mochel, 4405 Hollingsworth Cir., expressed opposition to the proposed project. He reviewed reasons related to traffic congestion and the need to consider consequences and competition fairness to existing merchants. Rohnert Park City Council Minutes (9) November 29, 1994 Planning and Zoning matters: File No. 1659 - cont'd Discussion concluded upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, to take no action and let the Planning Commission recommendation stand approving application of File No.1659. Said motion failed by roll call vote as follows: AYES: (2) Councilman Hollingsworth and Councilwomen Spiro NOES: (2) Councilwoman Gallagher racause of the need for fairness to existing merchants and Rohnert Park is not highly populated enough for all the discount stores it currently has without consequences like the example of Self- Service Furniture going out of business; and Mayor Pro Tempore Eck because of LOS levels at the signified intersection and mitigation needs ABSENT: (1) Mayor Reilly Acknowledgment was made that the failed motion signified no action by the City Council and the Planning Commission action stands. Residential Fire Sprinklers: City Manager Netter explained this staff report as reviewed in the Council Meeting Memo regarding consideration of ordinance options requiring automatic sprinkler systems in single family dwellings (new construction only) for: Option 1 - Full System for entire home /approximate cost (1700 sq.ft.home) $3,000; and Option 2 - Hot Spot System/approximate cost (1700 sq.ft.home) $400 to $600. City Manager Netter, City Attorney Flitner and Fire Services Commander Shields responded to Council questions. Discussion included Mayor Pro Tempore Eck request for confirmation of of discount figures offered by insurance companies for installation of fire sprinkler systems; suggestion by Councilman Hollingsworth to invite a representative from State Farm Insurance to address the issue including statistics; Councilwoman Spiro expressed preference to the full system but with recognition of the economics of doing the hot spot system and, therefore, the need to include both options in notice of public hearing; and Councilwoman Gallagher expressed total opposition to the City requiring fire sprinklers for single family homes to which Mayor Pro Tempore Eck responded he would never be opposed to having a public hearing to receive input from residents on both options. Council concurred a public hearing should be scheduled for this item at its next meeting of December 13, 1994. Signalization Program update: City Manager Netter referenced tonight's consent calendar Resolution No. 94 -179 deferred to this time on the agenda. As reviewed in the Council Meeting Memo, Mr. Netter reported on the proposed traffic signal locations listed on the agenda. He and Director of Public Works /City Engineer Brust responded to Council questions related to same for: Rohnert Park City Council Minutes (10) November 29, 1994 (1) Phase I -Traffic Signals at Commerce/Redwood Drive, Commerce /Golf Course Drive, and Golf Course /Snyder Lane which is represented in above Resolution No. 94 -179 Resolution No. 94 -179 AWARD OF CONTRACT, TRAFFIC SIGNALS - 1992, PROJECT NO. 1991 -8 Upon motion by Councilman Hollingsworth, seconded by Mayor Pro Tempore Eck, and unanimously approved, reading of Resolution No. 94 -179 was waived and said resolution was adopted. (2) r k:su II -iiaff C Siyiia's aL CoitmercejAVram Avenue, wolf course/ Country Club Drive, and Golf Course /Fairway Drive City Manager Netter reported that this Council Consent Calendar authorized calling for sealed proposals. If acceptable bids are received and Council authorizes traffic signals for these three intersections, completion of the project would be estimated by the end of summer 1995. (3) Traffic Control Person for Holiday Season - City Manager Netter reviewed staff recommendation on this item for the Public Safety Department to provide a traffic control person at the intersections of Commerce Blvd. at Redwood Drive (at Arby's Restaurant) and Comrerce Blvd. at Golf Course Drive (by the Chevron Station). Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, the traffic control person for the holiday season, as recom- mended by staff, was unanimously approved. EXTEND MEETING - Councilman Hollingsworth acknowledged the time being nearly 10:00 p.m. and said he would be willing to stay only through comments of the next agenda item and requested waiting to officially extend the meeting thereafter, if so desired by the remaining Councilm nlDers. Council agreed. Economic Development - 22 acres/West side in City's Sphere of Influence City Manager Netter reported on this item, as reviewed in the Council Meeting Memo, to follow up on previous Council authorization to pro- ceed to LAFCO for waiver of policy to remove the 22 acres on the west side of U. S. 101 in the City's sphere of influence from the Comninity Separator area. The upcoming LAFCO meeting for this item is scheduled for December 1st, 1994. Discussion followed with concluding confirma- tion that the referenced LAFCO meeting is for staff to obtain information pertaining to the Commin.ity Separator policy. Tom Roberts, 4649 Dowdell Avenue, Santa Rosa, CA. 95407 reviewed concerns about designated property between Levitz Furniture and Home Depot and did not feel that area could actually be signified Community Separator, and, therefore, encouraged annexation of the property. Mayor Pro Tempore Eck responded that LAFCO has so designated the Community Separator area. John Hudson, 399 Bonnie, reviewed reasons opposing annexation and the need to respect community separators comparing the place formerly called Valley of the Heart's Delight now called Silicon Valley. Rohnert Park City Council Minutes (11) November 29, 1994 Linda Branscomb, 6585 Commerce Blvd. #188, expressed disapproval of the City Manager attending the LAFCO meeting at this time with uncertain -ties of the General Plan update and the need for a 20 year Master Plan. She felt every annexation should be on the ballot and the City has a no annexation policy that should be honored. She reviewed reasons for opposing annexation under the current infrastructure conditions. Paul Stutrud, 712 Hudis, reviewed reasons for opposing annexation of the referenced 22 acres identified as open space in the General Plan, including violation of urban separator and school district development funds. No annexation should be done until the City resolves traffic impacts, infrastructures, etc. Charles Kitchens, 4549 Fern Place, referred to traffic signals reviewed on the previous agenda item. He expressed approval of signals at Commerce and Golf Course but did not think the one on Fairway was necessary because of two other stop signs in the vicinity. Mayor Pro Tempore Eck responded that only Phase I was approved tonight and the Fairway Drive signals were listed in Phase II to be reviewed later. Ray Shehan, 393 bbrina Place, referred to his recent letter to the City and shared contents encouraging annexation of his property between Willis Avenue and Dowell Avenue. Dave Mochel, 4405 Hollingsworth, expressed disapproval of the expense of sending City staff to the referenced LAFCO meeting. He reviewed reasons for opposing annexation and that the reasons were for slicing up the tax revenues. He recommended encouraging LAFCO to work on having the state come up with a plan for statewide distribution of sales tax. He requested Council to redirect staff accordingly. Tom Roberts, 4649 Dowdell Avenue, reviewed several projects identified in the General Plan that were annexed separately. He made additional comments encouraging annexation of his above- referenced property and requested Council's consideration. Discussion followed. Councilman Hollingsworth- Councilman Hollingsworth left the Chamber at approximately 10:15 p.m. leaves EXTEND MEETING - Council concurred to extend the meeting beyond the regular adjoun- ment time to handle necessary items and provide time for comments per citizen speaker cards previously submitted. Seed Farm Drive proposed improvements along State Farm Insurance Company frontage (funding possibilities, in concept) - This item was deferred to the next regular Council meeting of December 13, 1994. Rohnert Park City Council Minutes (12) November 29, 1994 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 referred to item #5 reminding Council of the Mayors' & Councilmembers Assn. discussion group meeting to be held at Santa Rosa City Hall at 7:00 p.m., Thursday, December ist, 1994. City Manager Netter referenced item #12 from MaltiVision Cable TV Corp. to bring to Council's attention the proposed agreement to sell the cable TV ystern serving Rohnert Park to Century Communications. Assistant City Manager Leivo will be reviewing the existing franchise for related details. Remaining Agenda Items: Due to the lateness of the hour, it was acknowledged that the remaining items listed on the agenda including City Manager's Report, City Attorney's Report and Matters from/for Council were either pro- vided for informational purposes or items needing further reports, discussions or Council action would be deferred to the next regular City Council meeting, unless specifically noted in these minutes. Matters from Council: City Council Annual Invocation to start New Year - Councilwoman Gallagher confirmed her request to have this item on the agenda earlier enough this year for her recommendation not to begin the New Year with prayer because it is not appropriate especially at public governn_nt meetings. City Manager Netter responded with reminder to Council that this has been established as the prerogative of the newly seated Mayor. Iry Sutley, County Chairman of the Peace and Freedom Party P.O.Box 174, Glen Ellen, CA 95442, said he had appealed to the Council in past years regarding the matter of prayer and continued to oppose this action. Greg Downing, 13 Varda, Sonoma Grove student and member of the ACLU said the University Campus is part of Rohnert Park and to represent that community, religious beliefs are not appropriate. Steven 'Ihertoa, Chair on the Board of Directors of the American Civil Liberties Thorriton urged the Council not to have an invocation to start its New Year (correction- meeting because it will only divide the City of Rohnert Park. He was Gallagher) responding to last year's direction of the Mayor to come earlier this year to review this matter. He discussed his views on the First Amendment of the Constitution and his opposition to the invocation. Council discussion which included the City Seal, review of separation of Church and State, etc. Rohnert Park City Council Minutes (13) November 29, 1994 Unscheduled Public Appearances: Mayor Pro Tenpore Eck asked if anyone in the audience wished to make an appearance at this time. Linda Branscomb, 6585 Commerce Blvd. #188, asked if the City NHnager still planned to attend the above - reviewed LAFCO meeting. Mayor Pro Tempore Eck confirmed that the directive was previously authorized. Debra Hales, 825 Liana Court, said witch craft is also a religion and the Council should be fair all around because religion is religion. CDA meeting: Reference was made to the Community Development Agency meeting scheduled after the regular City Council meeting on the agenda. Council concurred to defer approval of CDA bills and minutes to the December 6, 1994 special meeting and defer the remaining CDA items to the regular Council agenda of December 13, 1994. Adjournment Mayor Pro Tempore Eck adjourned the meeting at approximately 10:30 p.m. to 7:00 p.m., December 6, 1994 for a "Special Nbeting" to swear in new City Councilmembers and change Council Officers. Der s' jh 1::�-- Mayor Pro Tempore