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1989/07/11 City Council MinutesRohnert Park City Council Minutes July 11, 1989 The Council of the City of Rohnert Park met this date in regular session commencing at 7 :00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Cochran presiding. The open regular session was preceded by a closed session which commenced at 7 :00 p.m. Call to Order Mayor Cochran called the regular session to order at approximately 7 :22 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7 :00 p.m. to discuss personnel, meet and confer, litigation matters, and real estate negotiations. Roll Call Present: (4) Council members Hollingsworth, Hopkins, Spiro and Cochran Absent: (1) Councilman Eck (on vacation) Staff present for all or part of the meeting: City Manager Callinan, Planning Director Skanchy, City Attorney Flitner, Administrative Services Director Netter, Assistant to City Manager Leivo, and Finance Director Harrow. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, the minutes of the meeting of June 27, 1989 were approved as corrected per Council Member Spiro regarding the,clarity of "General Plan" paragraph on page 13 stating that the statements therein were quotes from the League of Cities' Community Service Committee and not her own. Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, the bills presented per the attached list in the amount of $913,369.66 were approved. CDA bills presented per the attached list in the amount of $747,717.95 were approved. Non - agendaed Mayor Cochran queried if any Council member had any non - agendaed Items items to add to the agenda. No one responded. Unscheduled Public Mayor Cochran stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to make a comment may do so at this time. Mayor Cochran responded to inquiries regarding the new garbage program and proposed use permit stating there would be public hearings for both items later in the meeting as scheduled on tonight's agenda. Rohnert Park City Council Minutes (2) July 11, 1989 CONSENT CALENDAR Mayor Cochran queried if anyone had any questions regarding the matters on the consent calendar. City Manager Callinan requested the removal of Ordinance No. 514 from the Consent Calendar because the City Attorney is under discussion with the State regarding this matter. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS AQUEDUCT - NORTH PIPELINE 89 -100 PROJECT NO. 1988 -3 Resolution No. A RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING THE MONEY 89 -101 PURCHASE RETIREMENT PLAN, ADMINISTERED BY ICMA RETIREMENT CORPORATION TO INCLUDE THE ADOPTION OF THE ICMA RETIREMENT TRUST Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING 89 -102 AGREEMENT FOR TRANSIT SERVICE, 1989 -1990 Resolution No. A RESOLUTION AWARDING CONTRACT (Re -roof Rohnert Park Public 89 -103 Safety /Main Station Building) Resolution No. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE 89 -104 NOTICE OF COMPLETION COLEGIO VISTA PARKING LOT /CRANE SCHOOL PLAYFIELD OVERLAY PROJECT NO. 1988 -14 Upon motion by Councilman Hollingsworth, seconded by Council Member Spiro, and unanimously approved, with the exception of Ordinance No. 514, the Consent Calendar as outlined on the meeting's agenda was approved. Amer.Society for Mayor Cochran presented Councilman Hopkins with a Certificate of Pub.Admin.Award Award for Excellance from the American Society for Publications Administration and extended congratulations. Redwood Empire Chapter Mayor Cochran presented to part time employee Sean O'Donnell an of Maint.Supr.Assoc. award and scholarship from the Redwood Empire Chapter of the Award /Scholarship Maintenance Superintendents Association as the outstanding student of 1989 and extended congratulations. Robinson, Mills & City Manager Callinan explained that the City has not received the Williams Agreement revised proposals from Robinson, Mills & Williams, Architects for the Civic Center and Public Safety Building, therefore, requeste this matter be deferred. Council concurred. Rohnert Park City Council Minutes (3) July 11, 1989 Planning and Zoning Planning Director Skanchy referred to Site Plans on the wall and File No. 1326 explained that Council had been provided with copies of the staff report and Planning Commission Minutes dated June 22, 1989 regarding File No. 1326 (Nansay Corporation) and explained the contents therein. He said that application has been approved subject to the conditions, which includes certification of the EIR, contained in the staff report as approved by the Planning Commission for a 122 room motel complex to be located on the northwest corner of Redwood Dr. and Wilfred Ave. Councilman Hopkins asked permit cannot be issued Planning Director Skanch,, this requirement. Public Hearing Mayor Cochran opened the and asked if there was regarding this matter. if the applicant realized that a building until the EIR is approved and certified. r responded that the applicant is aware of public hearing at approximately 7:31 p.m. anyone in the audience wishing to speak Elizabeth Eddins of Sierra Club, 829 A St. Helena Avenue, Santa Rosa was recognized and stated she was representing Harvey Bell, 700 Lindsay Avenue, Rohnert Park. She shared comments regarding File No. 1326 from her letter to Rohnert Park City Council dated July 11, 1989 regarding the EIR document that has not been certified and the CEQA process (a copy of which is attached to the original set of these minutes). There being no one further desiring to speak, Mayor Cochran closed the public hearing at approximately 7:33 p.m. Discussion followed during which questions were raised regarding Council's approval before EIR certification to which City Manager Callinan confirmed that no building permit could be issued until EIR certified, that the applicant has been put on notice and there's no problem with it. Correction from Upon motion by Councilman Hopkins, seconded by Councilman 7/24/89 meeting: Hollingsworth, and unanimously approved, File No. 1326 was Council Member Spiro approved according to Planning Commission's approval subject to stated that even the conditions contained in the staff report which includes though she voted to certification of the EIR approve EIIH before certification, she said that she felt this was getting the cart before the horse. E Resolution No. AOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK SETTING 89 -105 GARBAGE AND RUBBISH OR REFUSE COLLECTION RATES City Manager Callinan explained that the resolution for consideration was regarding a garbage rate adjustment and changes in the program requiring recycling and a 90 gallon automated service, that there has been many months of negotiations before reaching an agreement and that pursuant to the discussion held at Rohnert Park City Council Minutes (4) July 11, 1989 the last Council meeting, a public hearing has been set tonight to provide an opportunity for citizens to comment on the proposed new garbage rates and the change in style of collection from the individual cans to the automatic system as well as the implementation of a recycling program and hazardous materials disposal program. Director of Administrative Services Netter explained that Council had been provided with copies of the final draft of the resolution as well as copies of a schedule of rates as compared with Santa Rosa and Petaluma and shared the contents therein. He said that a pilot program of approximately 350 homes has been completed with an approximate 85% satisfactory results for both the automated can pick up as well as the recycling program. In addition, Rohnert Park Disposal Corporation has agreed to additional pick ups as needed, and that the new proposal establishes a 7% profit margin before income tax after evaluation by the City of the company's financial statements. Discussion followed during which questions were asked regarding the procedure of the survey giving reference to a letter from Kathleen Louise Gamble, 966 Camino Coronado, who expresse dissatisfaction with the program and the survey procedure. Director of Administrative Services Netter explained that staff chose the survey areas to get a good random sample in different sections that included large lots, small lots, etc. In addition staff chose streets that included staff, as well as the mayor and council members so that they could experience the new service first hand. The pilot program ran for forty —five days with many brochures sent out ahead of time, and an attempt was made to contact every single home that participated in the pilot program in order to field questions and responses, though some may not have been at home at the time of contact. Further discussion followed during which questions were raised regarding restrictions of what could be put into the containers and whether or not it was mandatory to separate items, squash cans and take off labels. City Manager Callinan responded that use of recycling would not be mandatory, even though each single family residence would be provided containers, but that recycling demands (20%) are in the process of being made by State regulations. Mayor Cochran requested to hear from representatives of the Rohnert Park Disposal Corporation. Kevin Walbridge, Assistant General Manager of Rohnert Park Disposal Corporation, was recognized and responded to question regarding the survey stating that of the 355 homes in the pilot program, there were only 43 that were not at home and didn't Rohnert Park City Council Minutes (5) July 11, 1989 respond to the survey. His assistant distributed packets of information to the Council as Mr. Walbridge explained the contents therein stating that the object of the program is to give opportunity to recycle with the assurance of weekly, automated collection. He shared that the revenues can help reduce the cost of the overall program, that there are currently many hazardous things in trash and that they have professional technicians to check such chemicals. He said there are a lot of advantages to this program and that they were willing to take whatever individual measures necessary to make sure it works. City Manager Callinan stated that the two (2) letters received expressing dissatisfaction with the proposed garbage program, specifically from Kathleen Louise Gamble, 966 Camino Coronado dated July 4, 1989, and Operations Director Michael W. Anderson of Sonoma County Community Recycling Center, P. 0. Box 1375, Santa Rosa dated July 6, 1989, should be inserted for the record (copies of which are attached to the original set of these minutes). Council concurred. Public Hearing Mayor Cochran opened the public hearing at approximately 7:55 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. Frank Gilman, 89 A1ma.Avenue, was recognized and stated that he had no intention of being unkind to the Council but after 20 years of living in Rohnert Park and telling so many about the benefit of unlimited garbage and water, felt that the new proposal was treated very capriciously, that it was not enough to have this brief time for the public to comment, and that he didn't know who voted for it as he certainly did not. He stated that Santa Rosa and Petaluma never had unlimited pick up, so the comparison with these two cities didn't seem to be realistic, that he was surprised this issue was treated so lightly, and that it looked to him like the testing was at the garbage peoples' discretion. Diane Ross, 77 Bernice Court, was recognized and stated that according to the paper it sounded like the Council had already voted and approved the garbage matter to which Councilman Hollingsworth responded that Council has not voted. Diane Ross said she was concerned about the large 90 gallon size can and that it might be difficult for some to handle to which Councilman Hopkins responded that the full 90 gallon container on wheels is easier to handle and move than the full 30 gallon containers without wheels. Diane Ross also expressed concern about the Rohnert Park Disposal employees losing their jobs with the elimination of workers resulting from the automated collection process. Rohnert Park City Council Minutes (6) July 11, 1989 Connie Lightel, 7595 Beth Court, was recognized and stated that she was a one year resident who was very pleased to be informed that the City had unlimited garbage and water, however, she said she was also pleased to hear about the proposed recycling program as she thought it would be beneficial. Connie Lightel expressed concerns regarding limitations such as bundled brush, etc. and quoted the City's brochure of a year ago on this matter and said that she hated to see this benefit go away, that she understood the garbage company has promised extra pick ups, but she's seen bins full by the second day and remain full the entire week, specifically Benecia Park bin (referring to Rohnert Park semiannual cleanup), so she tended to take their promises with a grain of salt. Albert G. Long, 5705 Dexter Circle, was recognized and said that he too had the same trouble with debris boxes being neglected, that regarding the survey that was made, he knew three neighbors who were not happy with the program, that he would have to enlarge his door to accommodate the larger cans, and that since he has taken his aluminum cans to recycling programs to reduce his own costs and to use for donations, the garbage company should have quite a profit from so many families. Councilman Hopkins responded to Mr. Long's concern regarding profits and stated that recycling materials will become a factor in the overall profit and evaluation of the program. Councilman Hollingsworth responded that the City has been working with this proposal for six or eight months to come up with something that's equitable, that the concerns across the country with the percentage of increased garbage problems accelerating at such a rapid pace is what we're battling and explained there's so much more to the issue than that we have to cover the costs. Bill Head, 552 Baron Drive, was recognized and stated that he was a single person and only puts out half a can per week along with some grass clippings so he has no use for a 90 gallon can. He said that no one came to "B" section where he lives for a trial program, that he has a rather narrow opening on river rock that would probably have to be paved to enable moving the large container even if the opening is large enough to handle it. Donna Gallagher, 1396 Mattice Lane, was recognized and stated that she came to Rohnert Park from Orange County 2 1/2 years ago and shared from experience how fast land fills are filling up, that when she moved here and learned of the unlimited garbage provision she felt this was not a responsible state of mind, and that she just wants people to pay attention because it's much more costly in the long run not to plan ahead. She said that most of her family lives in Santa Rosa and uses the large containers on wheels, and that her chiropractor say it's much better to push Rohnert Park City Council Minutes (7) July 11, 1989 something heavier with wheels than to lift something lighter without wheels. Donna Gallagher said that profits would go toward keeping costs down and as far as inconveniences such as moving fences, etc. she thought it's much more inconvenient not to plan for the future. Natalie Timm, Independent Marketing Researcher in Sebastopol, was recognized and stated that a company's surveys should be done by outside professionals, that it's ethically incorrect to take surveys for the benefit of your own company, that a business that does so should be investigated, and that it's reasonable to question the results of such a survey. Michael Anderson, Operations Director of Sonoma County Community Recycling Center in Santa Rosa, was recognized and stated that Council had received his letter dated July 6, 1989 and shared the contents therein expressing his concerns regarding research that's shown that oversized garbage containers take away the economic incentive for people to recycle.( atbcxd to orig.set of these nbrLtes). There being no one further desiring to speak, Mayor Cochran closed the public hearing at approximately 8 :36 p.m. Discussion followed during which Kevin Walbridge of Rohnert Park Disposal Corporation answered further questions from the Council regarding concerns expressed in the public hearing on the size of the container explaining that a smaller 60 gallon can is only 4" shorter than the 90 gallon can because of the mechanism neccessary for the automated pick up, that the container should be put out every week regardless of the amount of garbage in it, that the survey was done by their company at the request of the City staff and that City Manager Callinan was very attentive in regard to finding the smallest gates in Rohnert Park to be tested during the pilot program, and Rohnert Park Disposal gave their assurance that any extra trash that was set out would be picked up every week, thus continuing to provide unlimited service. He said that a separate truck would pick up recyclable materials in the colored containers on the same day the 90 gallon containers are serviced, and that they do keep track of their income from recycling. Further discussion followed during which City Manager Callinan said that for people to do their own recycling is still encouraged, that Seattle has already hit the crisis we're trying to plan ahead to prevent, and that this is very economical compared to other things. Councilman Hopkins commented on recognizing their own family's carelessness regarding their participation in the pilot program, but that recycling is becoming a necessity. Mayor Cochran shared that he didn't trust the garbage company's survey so went out and talked to people of which the majority thought the program worked fine. Rohnert Park City Council Minutes (8) July 11, 1989 Council Member Spiro and Councilman Hopkins gave a demonstration on the manageability of the 90 gallon container. Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, Resolution No. 89 -105 was adopted. Recess Mayor Cochran declared a recess at approximately 8:45 p.m. Reconvene Mayor Cochran reconvened the Council meeting at approximately 8:54 p.m. with all Council members present except Councilman Eck. Proposed 1989 -90 City Manager Callinan explained that the Council had been provided Budget with a copy of the proposed budget for the upcoming fiscal year and that it would be appropriate for the Counc ;l to consider scheduling work sessions to review the budget so that it can be considered for formal adoption. Discussion followed. Council concurred to schedule a work seesion for the proposed 1989 -90 budget on July 18, 1989 at 4 :00 p.m. Towing Services City Manager Callinan explained that policies have been solicited Use Policy from different cities which have been referred to the Department of Public Safety to work on a policy for consideration by the Council. He shared that because this work is not yet completed, this matter should be deferred to next meeting. Council concurred. 101 Corridor Committee City Manager Callinan explained that Councilman Eck had indicated Report - that the City should be receiving a report from the 101 Corridor Committee for the Council to review and that to date it has not been received, therefore said this matter should be deferred. Council concurred. Mayor Cochran stated that since this matter is so closely related to the Sales Tax Agenda in reference to the liaison Technical Advisory Committee (TAC) which meets tomorrow, one of the places the TAC committee is stuck on is the Growth Management Plan and how many homes should be built in the plan, and said that there should be a focus around the railroad and mass transits. Discussion followed during which questions and objections were raised by the Council regarding the make up of the Committee and the growth management numbers with Mayor Cochran confirming equal representation versus weighted vote and that the State has a policy that if the local Agency doesn't have a matching funds program then funds will not be received, and that the TA( Committee is still voting to put the sales tax issue on the November ballot. Mayor Cochran said that he understood the growth Rohnert Park City Council Minutes (9) July 11, 1989 management numbers could be changed with any lawful General Plan Update and responded to questions from Council regarding Petaluma Hill Road and Stony Point Road saying a four lane expansion is being considered for Petaluma Hill Road. Cable.Television City Manager Callinan explained that the Council had been provided with a copy of a letter from Congressman Doug Boxco requesting the a Council's input on cable television rates and services. Discussion followed during which Mayor Cochran said that he was currently preparing a multi -level report regarding the cable television issue, therefore requested this matter be deferred to the next meeting. Council concurred. City Manager Callinan said that he hoped representatives would be able to make some changes in Congress that would give local government rate control and that he has not yet heard from Sonoma County Supervisor Tim Smith in response to the cable issues and his campaign promises. A comment was made from the audience by a resident of Sonoma Grove Trailer Park stating that the last time they asked about the installation of cable television, the cable company expected the owner to pay the approximately $6,000 installation cost of which the residents would then be expected to pay their portion to cover all the installation expense. 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 Callinan referred to letter from M.P.Rosen Inc. dated June 109 1989 regarding August 15, 1989 Rohnert Park Night /California Junior Miss Program. City Manager's City Manager Callinan explained that the City had received and Report: processed a bill from the Founder's Days Committee in the amount Founder's Days of $122 for Chairman Hamilton's recent trip to Redding since the Committee Billing Council had previously authorized up to $150 for this matter. City Attorney's City Attorney Flitner shared that the Rent Review Board recommends Report: to rent a judge at an approximate cost of $1200 per day with the Rent a Judge same privileges of the supreme court, and that if the City Council concurs, they will start the wheels rolling to hear the case in about sixty days. He made the suggestion that the prevailing party who wins get their half of the rent a judge costs back, since the Rent Review Board has asked for this. Rohnert Park City Council Minutes (10) July 11, 1989 Mayor Cochran stated that the rent a judge program is a great program especially considering the fact that there's 31 or 32 capital murder homicide cases that are pending before the Superior Court so there would be no way the Rent Appeals Board could be heard for over a year. Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, to express no opposition to the rent a judge program and to approve City Attorney to proceed. Matters from Council City Manager Callinan reminded the Council of the following meetings: 1) Sonoma County Transportation Committee on 7/12/89, 2) Sonoma County Board of Supervisors /Joint Meeting with Santa Rosa City Council on 7/17/89, and 3) Mayors' and Councilmans Assoc. meeting this Thursday, 7/13/89. Unscheduled Public Mayor Cochran asked if anyone in the audience wished to make any Appearances appearance at this time. Charlie Artman, 7450 Cristobal Way, was recognized and gave comments regarding a project to take care of Rafeal Revera on the Sister City(s) USA program involving students exchanges oriented toward families versus educational and suggested the Council support the program to which Councilman Hopkins advised that the City has a Sister City(s) Relations Committee and that he should take this matter to them. Charlie Artman referred to the Sonoma County Girl's Day at the fair on Saturday and suggested they work in cooperation with Rohnert Park in such events to make sure we don't go off the deep end along such lines. Mayor Cochran introduced the new Assistant to the City Manager, Carl Leivo from Hutchinson, Kansas. Adjournment There being no further business, Mayor Cochran adjourned the meeting at approximately 9 :30 p.m. to July 18, 1989 at 4:00 p.m. for a work session on the proposed 1989 -90 budget. Depu ��� Ci yAlerk Mayor To: Rohnert Park City Council tell July 11,1989 r t)M M-110 0:6 r1W. f, 1 X126 - Nana y Corporation -application to construct a 122 room motel complex on the northeast corner of Wilfred Avenue and Redwood Drive. The Northwest Rohnert Park Program EIR, which is the environmental document for this project, has not yet been certified as adequate by the City. .According to State Law, the City cannot approve this project before the EIR for it has been certified. In addition, the Rohnert Park General Plan has not been revised for over a decade, and is no longer legally adequate. Therefore, neither the Planning Commission nor the City Council could properly find that the project is consistent with the General Plan, which is part of the CEQA process, Submitted by: Sierra Club c/o Elizabeth Eddins 829 A St, Helena Ave. Santa Rosa, Ca, 95404 M Harvey Bell 700 Lindsay Iry . Rohnert Park, Ca. 94928 ^� �� ��� �������s��'��*���������z����=� �=��=�~_-~~ �~~~ �� ~~-~��~-� �� -~ (Garbage Reincarnation, Inc.) Education, Research, Recycling Post Office Box 1375 * Santa Rosa, CA 95402 (707) 584-8666 To: Bobnect Park City Council De: 90 Callon Gacbaae Cana Members of City, Council: July 6, 1989 Our organization is 100Y6 opposed to Empire Waste banagment's proposed 90 gallon garbage cans because we know that they will discourage recycling. Research has shown that oversized garbage containers take away the main reason that people recycle. Economically people recycle at curbside because there is no room in the can and additional cans cost more. Altru/atio reasons also help the public recycle. Experience shows that 60% of the population wrill NOT recycle unless there is an economic incentive to do so. The 90 qallon containers remove that economic incentive. Presently the County and cities are finalizing the County's Solid Waste Management Plan. This plan, as mandated by the State, requires an increase in the County's recycling rate from the present 10Yu to 20* or 35%. As a member of the County's Solid Waste Management Committee I have learned that the only hope Sonoma County has of achieving that 20% mandated recycling rate is to includea comprehensive compost project. Public use of 90 gallon containers lessens the likelihood of separation of yard / garden waste for oompostiocr that is oeceooary to fulfill this State requirement. Future County Compost projects will be jeopardized by the use of household 90 gallon waste receptacles. Locally, Bealdobucg, Sebastopol and Oakmont have rejected the 90 - gal container suggested by Waste Management, Inc. They have all opted for a smaller container for the above reasons. We read in tbe Press Democrat that an executive of Waste Management, Inc. calls Robnert Pack's proposed program, "The Cadillac of Recycling Programa." Be cautious. In these times of tight muniripal budgets and voter accountability why opt for a Cadillac �ro�ram when a deluxe Chevy or Ford will get you where you want to go? Printed on papvr- W Ir AV MILAMW u1 Michael W. Anderson Operations Director REDUCE /REUSE /RECYCLE