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1989/10/10 City Council MinutesRohnert Park City Council Minutes October 10, 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 Pro - Tempore Hollingsworth presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. Call to Order Mayor Pro - Tempore Hollingsworth called the regular session to order at approximately 7:54 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 and litigation matters. Roll Call Present: (4) Council members Eck, Hopkins, Spiro and Hollingsworth Absent: (1) Mayor Cochran Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Director of Administrative Services /Assistant to City Manager Netter, Assistant to the City Manager Leivo, and Public Safety Lieutenant Williams. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, the minutes of September 26, 1989, 4:00 p.m. and 7:00 p.m. were approved as submitted. Approval of Bills Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, the bills presented per the attached list in the amount of $742,882.43 were approved. CDA bills presented per the attached list in the amount of $663,054.27 were approved. Non - agendaed Items Mayor Pro - Tempore Hollingsworth queried if any Council member had any non - agendaed items to add to the agenda. City Manager Callinan referred to an Estoppel Agreement for the Copeland Creek Apartments and stated that he would bring this matter up under the City Manager's Report. Unscheduled Public Mayor Pro- Tempore Hollingsworth stated that in compliance with Appearances State Law (The Brown Act), anyone in the audience who wished to make a comment may do so at this time. Millie Hamill, 64 Circulo Ylapa, was recognized and gave to Council a copy of Resolution No. 89 -1883 from the Sonoma County Board of Supervisors proclaiming October 15 - 22, 1989 as "Sonoma County Theatre Week ". She distributed calendars and buttons regarding same to each Council member. Rohnert Park City Council Minutes (2) October 10, 1989 CONSENT CALENDAR Mayor Pro- Tempore Hollingsworth queried if anyone had any questions regarding the matters on the consent calendar. Councilman Eck requested that Resolution No. 89 -158 be removed from the Consent Calendar for discussion. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE 89 -157 INSTALLATION OF STOP SIGNS (At the Magnolia Ave. and Mitchell Dr. intersection) Ordinance No. 518 ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE'17, CHAPTER 17.16 SECTION 17.16.150 TO ADD PARAGRAPH V FUNERAL PARLORS PLANNING COMMISSION FILE NO. 1349 Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, with the exception of Resolution No. 89 -158, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution No. A RESOLUTION APPROVING AGREEMENT WITH SELLS CHRISTMAS TREE SALES 89 -158 FOR USE OF CITY PARCEL (at City Hall Drive) Councilman Eck asked if the contract regarding the Christmas tree sales is with a private individual and expressed concern about the service organizations that set up lots for Christmas tree sales. City Manager Callinan stated that the Sells are the same individuals that leased land last year from the City on State Farm Drive, and that due to landscaping on that site they are not able to use the State Farm Drive location this year, and that Leasee's are a private operation which provides the City with $800 rental income. Discussion followed. Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, Resolution No. 89 -158 was adopted. Rohnert Park City Council Minutes (3) October 10, 1989 Founders Day Committee Mayor Pro- Tempore Hollingsworth stated that time had been allotted Appreciation at this point on the City Council agenda to express appreciation Certificates to the 1989 Rohnert Park Founders Day Committee for the hard work and excellent job done regarding this year's efforts. Certificates of Appreciation were presented as follows: Theresa Duport, Sandy Hamilton, Linda Holm, Lewis Kuehm, Tom Lukas, Virginia Lukas, Mike Lutz, Patrick O'Connell, and Terrie Sedgwick. Sandy Hamilton, Chairperson of Rohnert Park Founders Day Committee, spoke on behalf of the committee and expressed appreciation for all the support received from the Council. Councilman Eck referred to agenda item scheduled under Matters from Council and explained that there's been some discussion on the part of the Committee to move Rohnert Park Founders Days activities to the Community Center complex. Discussion followed in which Council concurred that it would be a good idea to take a look at the possibility of moving the Founders Days activities from the "A" Park area to the Community Center complex next year. Sacramento Sports City Manager Callinan explained that Council had been provided Commission re.Raiders with copies of letter dated September 18, 1989 from Sacramento Sports Commission requesting City Council's support urging the Raiders to return to Northern California to a permanent home in Sacramento. Discussion followed in which Council concurred not to vote on a resolution regarding this matter, but to send a letter to the Sacramento Sports Commission thanking them for asking for this Council's participation and to wish them good luck in their efforts toward the Raiders return to Northern California. So.Co.Solid Waste City Manager Callinan explained that Council had been provided Management Plan with a transmittal from the County of Sonoma Department of Public Revision Draft Works dated August 18, 1989 regarding the Revision of the County Solid Waste Management Plan (CoSWMP). He said that this preliminary draft plan is intended for review by the incorporated cities, the Sonoma County Board of Supervisors, the California Waste Management Board (CWMB), and other interested parties, and that it is provided to Council at this time in order to give opportunity to submit comments to be inserted into the final draft prior to the end of the 60 -day review period which is October 18, 1989, and that Council will have an opportunity to approve or disapprove the plan during a 90 day City Council review period following the completion of the final draft. There were no comments. Rohnert Park City Council Minutes (4) October 10, 1989 So.Co.Transportation City Manager Callinan stated that, with the exception of skipping Matters one week, Managers and Mayors have been meeting weekly regarding Sonoma County Transportation matters. He said Council will receive recommendations of a program worked out by this group and that Council will be able to review it and give directions accordingly when submitted. Discussion followed regarding the Sonoma County Transportation matters in which Council confirmed that whatever plan is used, the problem will be in the makeup and representation of the authority with the question of vote by population or by cities, and that some kind of compromise will be necessary in order to settle the vote issue. General Plan Review Mayor Pro - Tempore Hollingsworth stated that the General Plan Review Committee has met with staff and that a Status Report has been prepared for presentation to the Council at this time. Assistant to the City Manager Leivo explained that Council had been provided with copies of memo dated October 5, 1989 regarding General Plan Public Meetings with Proposed Rohnert Park Genera Plan Revision Schedule, and proposed Rohnert Park Citizen's Survey and shared contents therein. He said that first, a survey would be anticipated to take place next week, second, the City would hold a Town Meeting scheduled on Sunday afternoon, October 29, 1989 at the Community Center, and third, that comments from the survey and Town Meeting would be incorporated and put together into a draft document that would be available in early November to members of the City Council and the public, that in November and December there would be a number of days in which rooms would be available for meetings for the Planning Commission and +..) vvvucii a.. the Community ""enter, and that all changes could be incorporated into the draft by the end of December. Assistant to the City Manager Leivo said that according to the schedule, General Plan amendments could be adopted in January, 1990, that the proposed schedule would provide ample opportunity for citizen participation, and that it is recommended that the City distribute a citizen's survey in addition to holding a Town Meeting, City Council and Planning Commission review meetings, and hold formal public hearings. He said that at the same time the EIR review could be done and concluded with the recommendation that the formal hearings which are required by the State law be at the end of the process. Discussion followed regarding the intent of providing ample time for public participation, that the preliminary meetings are basically work sessions and not formal public hearings, and that if additional time is needed during any meeting to allow for additional comments that the meeting would be continued. Concerns Rohnert Park City Council Minutes (5) October 10, 1989 regarding the contents of the Citizen's Survey Questionnaire were expressed, that the survey is basically a tool to encourage public participation, and that it gives everyone an opportunity to contribute comments or make suggestions for changes. A motion was made by Councilman Hopkins, seconded by Council Member Spiro, to send out the Citizen's Survey and include additional advertising in the local newspaper, and approved by the following roll call vote: AYES: (3) Hopkins, Spiro and Hollingsworth NOES: (1) Eck ABSENT: (1) Cochran A motion was made by Councilman Hopkins, seconded by Council Member Spiro, to adopt the scheduled time table as recommended by Staff for the General Plan process, and approved by the following roll call vote: AYES: (4) Eck, Hopkins, Spiro and Hollingsworth NOES: (0) None ABSENT: (1) Absent Councilman Eck stated that he did not think the Citizen's Survey was the way to go, that these are the types of surveys received for elections with little response, that it would be a waste of money, and that he would rather get a professional to do the job than have staff do it. Harvey Bell, 700 Lindsay Avenue, was recognized and stated that in his opinion the Citizen's Survey is not the way for the General Plan to be developed, that open -ended questions should be used to find out what kind of answers people give which lets you taylor down from a wide spread margin of interests and then narrow down to conclusions. He said a 1/4% response is all that can be expected from mailers, that October 29 is not a good timing for the mailers because of Halloween activities, and that having days set aside for Planning Commission and City Council meetings regarding the General Plan is not really like people being involved in development, that there's a big difference in creating a General Plan and then asking for people's input, or have people participate in creating a plan. Mr. Bell referred to the minutes of September 26, 1989 regarding the General Plan and Staff's work on a preliminary rough draft and indicated objection to the way the City is proceeding. Mayor Pro - Tempore Hollingsworth responded that the preliminary work by the Staff is to let Council be aware of the basic needs of the General Plan and he stated that Mr. Bell was reading things into the minutes, and that the community will be given plenty of opportunity for input. Rohnert Park City Council Minutes (b) October 10, 1989 Mr. Bell concluded by stating that he would like to make a formal request that the City Council adhere to the California State Guidelines for the General Plan. 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. Mayor Pro - Tempore Hollingsworth referred to item No. 20 on the Communications List from the anonymous person regarding the 1989 Founders Day Parade and stated that he would encourage Staff not to respond to such anonymous correspondence. City Manager's Report: City Manager Callinan referred to the up- comming Employee/ Employee /Commissioner's Appreciation Affair that had been Commissioner's discussed more thoroughly at a previous meeting about having a Appreciation Affair joint appreciation affair with employees and commissioners and explained that Council had been provided with copies of memo date February 22, 1989 regarding the 1989 Appreciation Affair Survey Results from the Recreation Department. He requested that Council reflect on this matter between now and next meeting in order to give Staff direction. Community City Manager Callinan explained that Council had been provided Cleanup Week with copies of the flyer prepared for the annual "Fall Clean -up and Fire Prevention Week" from October 7 - 15, 1989 which he pointed out was in process at the time of this meeting. i. �.+wovU Lwpire malty Manager Caiiinan explained that Council had been provided Divisional Meeting with copies of letter dated September 21, 1989 from League of California Cities - Redwood Empire Division requesting three (3) speakers for the January 27, 1990 Divisional meeting to be hosted by Rohnert Park. Discussion followed in which Council concurred that it would be appropriate for the Mayor to choose the speakers for the January 27 Divisional meeting unless he wants to delegate otherwise. Copeland Creek City Manager Callinan explained that Council had been provided Apartments Estoppel with copies of an Estoppel Certificate and a resolution for Certificate consideration in connection with a loan for the Copeland Creek Apartments. He said that the owners of the Copeland Creek Apartments are in the process of refinancing and that they art asking for an Estoppel Agreement tonight since the loan commitment date is before the next Council meeting. This Estoppel Agreement is the same as what was provided to Copeland Creek Apartments for their original financing. Rohnert Park City Council Minutes (7) October 10, 1989 Discussion followed in which it was confirmed that no changes were made in the agreement between the City and the Copeland Creek Apartments. A motion was made by Council Member Spiro, seconded by Councilman Hopkins, and unanimously approved to put the Estoppel Agreement for Copeland Creek Apartments on tonight's agenda as an emergency item because the loan commitment date is before the next regularly scheduled Council meeting. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 89 -159 AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AN ESTOPPEL AGREEMENT IN FAVOR OF BANKERS MUTUAL, A MORTGAGE BANKING CORPORATION, IN CONNECTION WITH A CERTAIN LOAN TO GLENN H. LARSEN AND JACK YANOFF FOR THE COPELAND CREEK APARTMENTS Upon motion by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 89 -159 was adopted. City Attorney's Report: City Attorney Flitner said that the Sierra Club has filed Sierra Club Lawsuit another lawsuit against the Price Club project, that the court has granted the preliminary injunction, and that the City can accept plans, review plans and issue building permits but no construction can commence in the meantime. He said that a hearing has been set for October 24th on the Price Club project and November 1, 1989 for the entire Northwest Rohnert Park project area, and that another hearing has been set for November 1, 1989 for the Price Club. Harris" Lawsuit City Attorney Flitner said that the Harris" lawsuit matter was on the calendar and was not reached so was put over until January. Rent Review City Attorney Flitner said that the rent review matter is still on Calendar Call for November 13, 1989, that it's a question of getting a court date due to the large number of criminal cases, and that he is proceeding with the Rent -A -Judge proposal in order to expedite this case. KRCB -TV, Channel 22 City Attorney Flitner said that the Channel 22 matter regarding the request for land would be put over to the next regularly scheduled Council meeting. Matters from Council: Councilman Eck referred to Item No. 25 on the Communication List and asked if the sign with the bright lights at the Red Lion Plaza was approved. City Manager said the tower was approved in the plans. Council concurred that there would be no point in referring this matter to the Planning Commission since it was previously approved and that City Manager should respond to the inquiry and explain that the sign was approved. Rohnert Park City Council Minutes (8) October 10, 1989 Council Member Spiro said that P.G.& E. representative and long time friend of the City, Sil Cincera, had a heart attack and is in Memorial Hospital in Santa Rosa. Council Member Spiro said that the League of California Cities Annual Conference in San Francisco is on the same date as the next City Council meeting on October 24, 1989 and asked if the Council meeting should be rescheduled. Discussion followed in which Council concurred that the Mayor could cancel the meeting or call a special meeting if necessary, and to tentatively have the Mayor call a meeting on November 7th, 1989. Unscheduled Public A question was raised from the audience regarding Ordinance No. Appearances 518 on the Funeral Parlors to which Mayor Pro - Tempore Funeral Parlors Hollingsworth responded that it was adopted on tonight's Consent Calendar earlier in the meeting, that discussion on this ordinance was held at the last Council meeting when it was introduced. Red Lion Plaza Sign Coralia Serafim, 761 Lincoln Avenue was recognized in the audience and questioned the process of approving the sign with the bright lights at the Red Lion Plaza and stated that the citizens should pay closer attention to such matters. Adjournment There being no further business, Mayor Pro - Tempore Hollingsworth adjourned the meeting at approximately 9:02 p.m. Dep F City Clerk Mayor so- Tempore