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1992/02/25 City Council MinutesRohnert Park City Council Minutes February 25, 1992 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 Spiro presiding. CALL TO ORDER Mayor Spiro called the regular session to order at approximately 7:00 p.m. and led the pledge of allegiance. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss personnel matters which included the annual performance evaluation of the City Manager. ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy, Director of Public Works /City Engineer Brust, Finance Director Harrow, Recreation Supervisor Miller, and Tobacco Project Coordinator Woodvxard. Approval of Upon motion by Councilman Hopkins, seconded by Councilman Minutes Hollingsworth, the minutes of February 11, 1992 were approved as submitted with Mayor Spiro abstaining. Mayor Spiro stated that regarding Tobacco matters on page 9, she cannot vote on that portion because she was not in the Council chambers at that time and the minutes show she was absent during the discussion but do not show her returning. The minutes will be corrected to show the time when Mayor Spiro returned. Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilman. Eck, and unanimously approved, the bills presented per the attached list in the amount of $217,671.62 were approved. CDA bills presented per the attached list in the amount of $272,976.44 were approved. Non- agendaed Mayor Spiro queried if any Councilmember had any non - agendaed items items to add to the agenda. Councilman Eck stated he had some items he would like to discuss under Miscellaneous, Matters from Councilmen. City Manager Netter said he had several informational matters he will report under City Manager's report. Rohnert Park City Council Minutes (2) February 25, 1992 Mayor Spiro stated she would like at this time to have a moment of silence for a very well thought of Rohnert Park citizen, Annette Lyons, who passed away recently. A moment of silence was observed. Mayor Spiro requested Council concurrence to draft a resolution in memory of the work that Annette Lyons has done for the City. Upon motion of Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, staff was directed to prepare the resolution. Unscheduled Public Mayor Spiro stated that in compliance with State Law (The Appearances Brown Act), anyone in the audience who wished to make a convent may do so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. George Barich George Barich, 951 Copeland Creek, was recognized and stated that for the past couple of weeks, he has contacted the City Manager's office to find out how to get a copy of the videotape of the City Council meeting and was informed tonight by staff that it would cost $25 to purchase a copy and that tonight's meting is being systematically re- recorded over the tape of the meeting before last and questioned the legality of a public record being erased. Mr. Barich also stated it is his opinion that the tape should be made available at a reasonable charge or should be donated to the library where tapes can be watched or checked out particularly if there are important issues. City Manager Netter stated that according to the Municipal Code, the actual legal record of the Council meeting is the minutes and not the tapes. Also, the tape of the meeting can be viewed the next day and the tapes are retained for a 2 -week period. Discussion followed on nutting a time limit in keeping the tapes, making the tapes available at the library to be checked out for anyone wishing to make copies, the convenience to Rohnert Park citizens who cannot come to the meeting to watch the meeting the next day on TV, and the concern that people will use portions of the tape around election time and take things out of context. Councilman Eck made the motion to have Councilman Reilly, the Council's library liaison, work with the library if the tapes can be made ava i 1 ab l e through the library for pub 1 i c use but have a time limit in keeping them. Said motion was seconded by Councilman. Hollingsworth and unanimously approved. Rohnert Park City Council Minutes (3) February 25, 1992 Katherine Collins Katherine Collins, 828 Lilac Way, was recognized and stated that she has been a resident of Rohnert Park for 19 years and people who have potbellied pigs are in a catch 22 situation- - they want them approved but they won't come before the City Council for fear that they will be asked to get rid of their pets. Ms. Collins stated her working for 49er Feed has nothing to do with her spearheading the issue and whether 49er Feed sells the pigs or not will have no bearing on the success of the store. She respectfully requested that the issue on potbellied pigs be judged on facts and merits and whether the City passes the ordinance or not, those who want to have them will have them. She stated she was asked to bring up the issue and agreed to do so and she is not doing it for self - serving purposes or greed. C O N S E N T C A L E N D A R Mayor Spiro queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 92 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION TO ROGER KREISCHER Resolution No. 92 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF RHONDA STORBO (c /o Law Offices of Paul Baskin) Resolution No. 92 -33 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION CO"AISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT AND APPLICABLE STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 1992 -93 Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Scheduled Public Appearances: Carlos Telleria Carlos Telleria, President of Sonoma County "Big Brothers /Big Sisters" Board of Directors, was recognized and thanked the Council for an action it took 2 weeks ago, adopting a resolution of support for the organization and stated that the actual community day is being held this coming Sunday at Double Decker Lanes. Mr. Telleria talked briefly on the Rohnert Park City Council Minutes (4) February 25, 1992 good support it received from individuals, such as a generous donation from former City Manager Callinan, and Rohnert Park businesses, and the benefits to the kids for them to grow up as good citizens and responsible individuals and have good adult relationships. He stated they have 12 kids on the waiting list in Rohnert Park and would welcome anyone interested in becoming a big brother or big sister for these youngsters. "Spell- A -Thon" In response to a letter from Jan Anderson, Chairperson for the "Spell- A -Thon" of Cotati - Rohnert Park Unified School District, Monte Vista Elementary School, Councilman Hopkins made the motion to send ten (10) swimming pool passes as prizes to the event. Said motion was seconded by Councilman Hollingsworth and unanimously approved. Parks and Recreation City Manager Netter referred to staff reports and his Council matters Meeting Memo dated February 20, 1992 for explanation of the Parks and Recreation matters. Councilman Hopkins made a motion to approve staff recommendations on the pools schedule and fees for the 1992 season. Said motion was seconded by Councilman Reilly. Councilman. Eck asked if the swimming pools annual financial report included all administrative costs of the Recreation Department. City Manager Netter stated the report included only the direct cost of the pool staff and does not include payroll of the Recreation Dept. Councilman Eck suggested to put all costs in the report for a point of comparison. City Manager Netter stated he will recommend to staff to add in the bottom a line for allocation of the Recreation Dept. overhead. Mayor Spiro queried about the changing of the time for the swim team and how many people are going to be asked to leave as opposed to how many are coming in to swim. Recreation Supervisor Miller was recognized and stated that the number of people being asked to leave and coming in is wma +har raj At ari anei mA -inr'i +.v of t.hp k i cls are? already ready on the swim team and are just staying longer to swim. During discussion on the "hot day policy ", Councilman Hollingsworth stated that he does not remember the Council changing the hot day policy. Mayor Spiro directed staff to check when the change in the hot day policy occurred at the Council level. The motion made by Councilman Hopkins was unanimously approved. City Manager Netter asked the Counc i 1 to pick the date for a joint Commission meeting. The Council concurred on Nbnday, April 6, 1992 at 6:30 P.M. at the Dynasty Rohnert Park City Council Minutes (5) February 25, 1992 Cultural Arts City Manager Netter referred to his Council Meeting Nbmo dated Commission February 20, 1992 regarding the Cultural Arts Commission appointment to fill the vacancy left by Nancy Seymour. Councilman Eck referred to the fact sheet of Lewis Keuhm who requested appointment and made the motion to appoint Mr. Keuhm to the Commission. Said motion was seconded by Councilman Hopkins and unanimously approved. Tobacco matters Mayor Spiro left the Council chambers at approximately 7:29 p.m. City Manager Netter referred to staff report on small business tobacco project from Tobacco Coordinator Woodward and his Council Meeting Memo dated February 20, 1992 on tobacco matters. Carol Woodward, Tobacco Coordinator, was recognized and gave a brief synopsis on the challenges in accomplishing the goal to have Rohnert Park become a smoke -free city through education and voluntary cooperation. She asked the Council's help by having letters written on City letterhead signed by the Mayor or Vice -Mayor mailed to the small business comrunity in Rohnert Park and by forming a Council subcommittee to discuss how to achieve the goal in 5 years. She indicated that the restaurant sector is the least responsive to the project although the Sonoma County Restaurant Association would respond to a countywide ban. Vice -Mayor Hollingsworth suggested to have the letters sent out by the Chamber of Commerce. Tobacco Coordinator Woodward replied that only businesses that are members of the Chamber will receive the letter. Councilman Eck stated that regarding ventilation, there are now ash trays that will remove the secondhand smoke and it would probably help to promote voluntary compliance to get samples of these ash trays for demonstration for restaurants to show that the technology is there. Councilman Hopkins suggested that this issue be discussed at the Mayors and Councilmen's meeting since some cities and some people will take advantage of the economic opportunity. Councilman Eck directed staff to get the tobacco matter on the agenda on the Executive Meeting of the Mayors and Councilmen's meeting. Councilman Reilly stated he would be willing to be on the Council subcommittee. STAMP City Manager Netter referred to his Council Feting Nbmo dated February 20, 1992 and staff report on STAMP program. Rohnert Park City Council Minutes (6) February 25, 1992 Discussion followed after which Councilman Reilly stated that Rohnert Park should set the precedent and not have to wait for the other cities because if we are not moving along to take this action, and more people die because of cigarettes, we can later ask ourselves if the deaths could have been avoided had we been more decisive. Vice -Mayor Hollingsworth suggested to schedule the STAMP proposal for a public hearing. Councilman Eck stated it was a great idea and made the motion to have a public hearing on the STAMP proposal to regulate sale of tobacco products to minors. Said•motion was seconded by Councilman Reilly and passed on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly and Vice -Mayor Hollingsworth Noes: (0) None .Absent: (1) Mayor Spiro # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # "SCOUTS IN GOVERMNENT DAY" BOY /GIRL SCOUTS MDCK CITY COUNCIL NBETING Vice -Mayor Hollingsworth welcomed the Boy Scouts and Girl Scouts who spent all day with City staff. Scout Mayor Teresa Paris called the meeting to order at approximately 7:50 p.m. and led the pledge of allegiance. Present were Scout Councilmembers Mark Redmond, Kristi Skelton, Jimmy Stevens, Sasha Snyder, and Scout Mayor Teresa Paris, Scout City Manager Tim Aboudara, Scout City Attorney Gary Mitchell, Scout Assistant to City Manager Kevin Dewell, Scout Planning Director Daniel Bulleri, Scout City Engineer Brianne Konanz, Scout Finance Director Christian Anglin, Scout Director, P.A.C. Kym Sturdevant. Scout Mayor Paris initiated discussion concerning 3 topics: (1) Intersection at Commerce Boulevard and Southwest Boulevard, (2) Homelessness, and (3) New retail development. Discussion followed concerning the above listed topics. The Boy /Girl Scouts recommended the following: (1) To have directional signs to enable those new in town to know how to get to Rohnert Park or Cotati and to shorten the white lines on the right hand turning lane heading northeast from Southwest Boulevard to Commerce Blvd. on Allison Avenue to give more time to those wishing to turn left. Rohnert Park City Council Minutes (7) February 25, 1992 (2) Have a homeless shelter in the area near where the Crane Melon festival was held and direct Planning and Finance Directors to find out the number of homeless people in Rohnert Park and what the cost would be to run the shelter. (3) Have a variety of stores such as Circuit City, Marvyn's, or outlet stores in the area instead of a lot of stores selling similar products. Linda Spiro, 5732 Davis Circle, was recognized and commended all the scouts for doing a wonderful job for the City. Gerald Mitchell, 2912 Apache Ave., Santa Rosa, Scoutmaster, was recognized and asked the City Council to have a media blitz to help enlist approximately 5,000 kids eligible in the community for scouting by informing them about the organization and their activities. Scout Mayor Paris adjourned the Mbck City Council Meeting at approximately 7:58 p.m. after which she presented two boxes of cookies to Mayor Spiro on behalf of the Girl Scouts. # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # Reconvene Mayor Spiro reconvened the meeting with all Councilmembers present at approximately 8:07 p.m. Potbellied pigs City Manager Netter referred to his memo dated February 19, 1992 and his Council Meeting Memo dated February 20, 1992 and other "fact finding" information on potbellied pigs and stated that a public hearing to amend the zoning ordinance to allow potbellied pigs in residential areas by issuance of a use permit, which costs $200, has been scheduled by the Planning Commission on March 12, 1992 and another public hearing by the City Council on March 24, 1992. Mr. Netter said the ordinance may have to be reintroduced at the meeting of March 24th. Councilman Eck made the motion for staff to follow the recommendation of City Attorney Flitner regarding Ordinance No. 554. Said motion was seconded by Councilman Hopkins and unanimously approved. Community Develop- City Manager Netter referred to his Council Meeting Memo dated ment Block Grant February 20, 1992 outlining the 3 projects proposed for (CDBG) funds implementation and use of the grant funds and stated that this matter has been scheduled for a public hearing as required by law. Public Hearing Mayor Spiro opened the scheduled public hearing. There being no one desiring to speak, Mayor Spiro closed the public hearing. Rohnert Park City Council Minutes (8) February 25, 1992 Councilman Hollingsworth made the ration to approve staff's recommendation to submit to the CDBG Technical Advisory Committee the proposed projects to be approved for CDBG grant funding as outlined in priority order: (1) Innovative Housing purchasing of housing ($200,000); (2) Nbbile Home Rehabilitation Program ($100,000); and (3) Innovating Housing operation costs ($23,500). Said motion was seconded by Councilman. Hopkins and unanimously approved. Planning & Zoning: Planning Director Skanchy referred to staff report and File 1510 Planning Commission minutes and reported that the Planning Commission recommending that the City Council not adopt the ordinance because the ordinance would not solve the problem of providing housing for the needy or handicapped but if the City Council wished to pass the ordinance, mobile homes cannot be located in the front yard and should be placed on a permanent pad on the side or rear yard with proper setback requirements and subject to approval by use permit, and should be connected to the sewer and water. W. Skanchy also stated that this matter has been duly scheduled for a public hearing. Public hearing Nhyor Spiro opened the scheduled public hearing. Clifford Olson Clifford Olson, 1150 Emily Avenue, was recognized and stated he has been a resident of Rohnert Park for 14 years and agrees with Planning Director Skanchy that people should not be allowed to live in recreational vehicles due to the fact that they are mobile type units. Edna Olson Edna Olson, 1150 Emily Avenue, was recognized and stated she and her husband had an unfortunate situation with a lady living in a mobile home 2 houses from them and they do not want another neighborhood to go through what their neighborhood went through and she strongly opposes allowing people to live in mobile homes on private residential property. Linda Branscomb Linda Branscomb, 21 Anne, was recognized and stated that this iq q very E?fmtinnal 1Swt:e for L`eL �r,.a 4.1.1— o o l 0 + V � j 1.A NL L\:rl ... C3rli Gi 11. L people who have environmental illness and cannot live a "normal" life and should not be discriminated against. She also stated that one never knows when this illness can happen and urged the Council to think with its heart. There being no one else wishing to speak, Mayor Spiro closed the public hearing. Councilman Eck stated he agreed with the way the ordinance was drafted but asked if all references to "disabled" be changed to "having diagnosed environmental disease ". Councilman Reilly stated we can come up with an ordinance for individuals who have such special situations that there is no Rohnert Park City Council Minutes (9) February 25, 1992 other way for them to meet their needs and perhaps the Council can reconsider this matter since he is attending the American Disabilities Act seminar on Thursday morning in Irvine and he can bring up this specific issue and this specific case to some experts who will be attending. Councilman Hollingsworth made the motion to follow the Planning Com-nission's recommendation and deny the ordinance as it stands without prejudice. Said motion was seconded by Councilman Hopkins. Councilman Reilly made the motion to table the ordinance. Said motion was seconded by Councilman Eck and unanimously approved. File 1236 Planning Director Skanchy referred to map on display and staff report regarding the plan line for the realignment of Business Park Drive and Planning Commission minutes and stated that this matter has been duly scheduled for a public hearing. Public hearing Mayor Spiro opened the scheduled public hearing. Howard Boggs Howard Boggs, 5430 Commerce Blvd. , was recognized and referenced the drawing on display showing an overpass instead of underpass as noted in the current General Plan. We went through a long debate and mitigated vhat would otherwise be a very negative irrpact for the businesses both north and south of this crossing and if he were a private developer coming in, he would be required to show grades and verify that the plan he is proposing supports the General Plan. What the drawing depicts is not permitted by the General Plan and he would like to see the drawing to show grades and verify that it supports the General Plan right now. There being no one else wishing to speak, Mayor Spiro closed the public hearing. Councilman Hollingsworth stated he had no problem with realignment and made the motion that the roads be realigned so that they will configure with the underpass as outlined in and to be consistent with the General Plan. Said motion was seconded by Councilman Hopkins. Councilman. Reilly stated the problem is the way it is aligned now if it is built that way in the years to come, we may find that we cannot build an underpass because we did not allow sufficient room to build an underpass. City Manager Netter informed the Council that it is his understanding that the alignment would accommodate either an overpass or an underpass and called upon City Engineer Brust to comnent. Rohnert Park City Council Minutes (10) February 25, 1992 City Engineer Brust stated the crossing of Highway 101 is a very important issue from a transportation standpoint. He is familiar with the problems that are associated with not allowing appropriate crossings from one side of town to the other across the freeway. The right -of -way is essentially fixed whether the Council approves it or not because it already approved the project adjacent to it. In the future, if he cannot put an undercrossing within that right -of -way, there will be no undercrossing built unless the City Council wishes to make a change. At this time, he recommends that the right -of -way staff proposed be accepted as the plan line for the future crossing whether it be an undercrossing or an over - crossing and when the time comes to put that crossing in, he will make it an undercrossing. If he cannot, it will come back to the City Council to decide but to say at this time there won't be any crossings there is shortsighted on the part of the committee. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 92 -34 ESTABLISHING AN 80 FOOT WIDE OFFICIAL PLAN LINE FOR THE REALIGNNENT OF BUSINESS PARK DRIVE (FILE NO. 1236) Upon motion of Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 92 -34 was adopted. General Plan City Manager Netter referred to his Council Meeting Memo dated February 20, 1992 and explained the 4 resolutions being presented. Councilman Hopkins made the motion to adopt them all at the same. time. Said motion was seconded by Councilman Hollingsworth, and the 4 resolutions were adopted on the following vote: Ayes: (3) Councilmen Hollingsworth, Hopkins, and Mayor Spiro Noes: (2) Councilmen Eck and Reilly Resolution No. A RF.C;nTJ TPT(')M OP= TRP rTiii fYi lhtf TT- nP TuF' rrrmv nr Dnuntcom nnov 92 -35 AUTHORIZING AND APPROVING AGREEMENT WITH EARTH METRICS INCORPORATED TO PREPARE AN MVIROM42JTAL IMPACT REPORT ( EIR ) FOR PROPOSED 80 ACRE RESIDENTIAL SUBDIVISION TO BE CONSTRUCTED IN SOUTHEASTERN PORTION OF ROHNERT PARK Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 92 -36 AUTHORIZING AND APPROVING AGREEMENT WITH EARTH METRICS INCORPORATED TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR ROHNERT PARK GENERAL PLAN UPDATE Resolution No. A RESOLUTION APPROVING A PROPOSAL FROM FREILICH, STONE, 92 -37 LEITNER AND CARLISLE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT Rohnert Park City Council Minutes (11) February 25, 1992 Resolution No. A RESOLUTION APPROVING THE PROPOSAL FROM ILLINGWORTH AND 92 -38 RODKIN, INC. AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN Town Meting City Manager Netter informed the Council that a town meeting has been scheduled for March 21, 1992 and an article in the newspaper has been published to notify residents to get fact sheets if they are interested in applying for Council consideration to be on the General Plan committee and the fact sheets have to be turned in by February 28, 1992 and appoint- ments could be on the March 10th Council meeting agenda. Discussion followed on how not to duplicate choices by the Councilmembers. The Council concurred to submit the names of their recommendation of appointees to City Manager Netter who will write them a memo notifying the Council of same. American Golf Councilman Hollingsworth requested to move up this item on the agenda since he was not feeling well. The Council concurred. Councilman Hollingsworth stated that City Manager Netter's interpretation of the contract --- that joggers and walkers have the right to be on the golf course as long as they did not disturb the golfers -- needs to be corrected. Being a golfer, he knows that there is not a safe place in the golf course even for golfers and the joggers, walkers and bikers are on the golf paths which is a hazardous situation and he has to agree with American Golf's request to amend the hold harmless clause in their lease agreement. City Manager Netter stated there have been very few complaints from residents about being asked to leave the golf course. The Council concurred that if there are any mre complaints about being asked to leave the golf course, residents have to be told they should leave because those are the terms of the lease. Councilman Hollings- Councilman Hollingsworth left the chambers at approximately worth leaves 8:52 p.m. Transportation City Manager Netter referred to his Council Meeting Memo dated matters: North- February 20, 1992 to explain the resolution and reported that western Pacific he was informed by City Engineer Brust this morning that Marin Railroad right -of- County just adopted a similar resolution. way acquisition Resolution No. 92 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING COOPERATIVE AGREEMENT AND AGREEING TO PARTICIPATE IN THE ACQUISITION OF CERTAIN PORTIONS OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT -0F -WAY AND RELATED MATTERS (Using 50% Population /50% Acreage Formula as shown in Scenario A) Rohnert Park City Council Minutes (12) February 25, 1992 Upon motion of Councilman Hopkins, seconded by Councilman Eck, and with a friendly amendment by Mayor Spiro to use Exhibit X if Exhibit A is not available, said resolution was adopted on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly and Mayor Spiro Noes: (0) None Absent: (1) Councilman Hollingsworth Solid Waste matters City Manager Netter referred to his Council Meeting Memo dated February 20, 1992 to explain the resolutions. Resolution No. A RESOLUTION APPROVING AN AGREEM%ff TO CREATE A JOINT POWERS 92 -40 AGENCY TO DEAL WITH WASTE MANAGEM U ISSUES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMaIr Resolution No. A RESOLUTION AUTHORIZING HOUSEHOLD HAZARDOUS WASTE GRANT 92 -41 APPLICATION Upon motion by Councilman Hopkins, seconded by Councilman Eck, said resolutions were adopted on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly, and Mayor Spiro Noes: (0) None Absent: (1) Councilman Hollingsworth Animal Shelter City Manager Netter referred to his Council Meeting Memo dated February 20, 1992 and design on display of sewer plot plan to explain the resolution. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 92 -42 AUTHORIZING AND APPROVING AGREEN,= WITH LAWRY- COKER- DeSILVA FOR ANIMAL SHELTER ARCHITECTURAL SERVICES Upon motion of Councilman Hopkins, seconded by Councilman Eck, said resolution was adopted on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly, and Mayor Spiro Noes: (0) None Absent: (1) Councilman. Hollingsworth Comnmications Commmications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. U.S. Holocaust Mayor Spiro stated this is what she wished to discuss under Memorial Council non - agendaed items since the letter from the U.S. Holocaust Memorial Council was not listed in the ConTrunications list. She requested that a proclamation be done to declare April 26 to May 3 as observance days. The Council concurred and forwarded the proclamation to staff. Rohnert Park City Council Minutes (13) February 25, 1992 Emergency jobs City Manager Netter referred to the letter from the United bill States Conference of Mayors requesting Council support for emergency jobs bill by writing to Senator Robert Byrd of the Senate Committee on Appropriations and Representative Jamie Whitten, Chairman of the House Committee on Appropriations. Upon motion of Councilman Hopkins, seconded by Councilman Reilly, staff was directed to prepare the letters for the Mayor's signature on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly, and Mayor Spiro Noes: (0) None Absent: (1) Councilman Hollingsworth Railroad Barricade City Manager Netter referred to letter received from Mr, and Mrs. Henry Trent requesting "protection" from the hazardous condition existing near the railroad tracks. Mr. Netter requested Council concurrence with staff recommendation to put up a barrier that will be painted white to be more visible from a distance. Councilman Hopkins made the motion to accept staff's recommendation. Said motion was seconded by Councilman Eck and passed on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly, and Mayor Spiro Noes: (0) None Absent: (1) Councilman Hollingsworth City Manager's Report: Consulting fees to City Manager Netter referred to his Council Nbeting Nbmo dated Robinson Mills February 20, 1992 for explanation of the additional consulting & Williams fees for the new Public Safety building. Discussion followed during which City Manager Netter and City Engineer Brust reported that they have spent a lot of time in negotiation and the cost increase is a reasonable settlement in accordance with the City's agreement and the City has to live up to its agreement. Councilman Eck made the motion to accept staff's recommendation with reluctance. Said motion was seconded by Councilman Hopkins and passed on the following vote: Ayes: (3) Councilmen Eck, Hopkins, and Mayor Spiro Noes: (1) Councilman Reilly Absent: (1) Councilman Hollingsworth Councilman Reilly stated that he is voting no because he did not hear the City Attorney saying that the City staff and Council do not have a choice. Rohnert Park City Council Minutes (14) February 25, 1992 LAFCO policies City Manager Netter stated that major policies would be considered in the future relating to regional transportation, agriculture, open space, fiscal impacts and fire protection services and LAFCO laid out in outline form the issues and is going from little regulations to very extreme regulations to make LAFCO a regional body or a regional authority and the Council should pay attention to this. For example, LAFCO staff was trying to make extensive policies about the area in which the Home Depot project was sited without any public hearing or input from any agency. He recommended that when the Council meets on March 3rd on comrunity separators to include LAFCO's policies in the work session so staff can get a feeling what is critical from an elected body standpoint and not only from a City Manager's standpoint. Commerce Blvd. City Manager Netter referred to his Council Meeting memo dated Bikepath February 20, 1992 to inform the Council on the result of Proposition No. 116 on the grant application for Commerce Blvd. bikepath (placed #82 out of 112). He asked for Council concurrence to use TDA funds for the next year against this particular project which goes into the bike account but it will relieve the money from the CDA to do other things like street overlays or other projects. Councilman Eck asked if the City is still coordinating with Cotati. City Manager Netter replied that no additional discussions have been made with Cotati. City Engineer Brust said there have been no discussions initiated with Cotati if they are willing to fund the paths and our paths can stand on its own. Councilman Eck stated he would still like us to initiate a joint effort with Cotati. City Engineer Brust replied he will have drawings made and get Cotati involved even at the least to make sure the bike crossing matches on the eat and west side of Commerce Blvd. Councilman Hopkins made the motion to use TDA funds for the project. Said motion was seconded by Councilman Reilly and passed on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly, and Mayor Spiro Noes: (0) None Absent: (1) Councilman Hollingsworth SB 1538 City Manager Netter reported on SB 1538 which refers to changes Senator Kopp wishes to make in the Brown Act and suggested to submit a letter over Mayor's signature indicating the Council questions their wisdom and that whatever they are trying to mandate on this bill should be applicable to the legislators also. Rohnert Park City Council Minutes (15) February 25, 1992 Councilman Eck authorized a letter be sent to Senator Kopp, Assemblyman Hauser, Senator Keene, and Senator Thompson indicating that while we strongly support the Brown Act, we strongly question the wisdom in trying to impose what seems to be an unnecessary burden from the State and inform them that we would greatly appreciate what they deem to legislate upon us they would enact for themselves. The Council concurred. Open Space meeting City Manager Netter reported he has been trying to coordinate a meeting with David Hansen, Open Space Manager, and the City of Cotati but is having difficulty doing so and suggested that a meeting be set up with Rohnert Park only. Councilman. Eck suggested to have a committee meeting be set up in Rohnert Park. The meeting date of March 19th was suggested which is the regular meeting date of the District /committee. It would be held in Rohnert Park with public workshop to follow. Wine Center City Manager Netter asked Mayor Spiro and Councilman Hopkins to set a date and time to meet with Mr. Ross of the Wine Center regarding long term funding and policies. It was agreed to meet on Thursday, February 27 at 3:30 p.m. Councilman Eck reminded Mr. Netter to inform Larry Simons. Southwest Blvd. City Manager Netter reported that 49er Feed is moving to the Shopping Center old Crown Market place and was pleased to learn that they will do some renovations, landscaping improvements, and parking lot repairs that will dress up the corner and they are getting good response from the other landlords to clean up the area. City Manager Netter also reported that Jan White of the Boys and Girls Club is looking with staff's assistance at the other building that was the former bike shop and got some indication what a reasonable rent it would be. Councilman Eck suggested that staff work with the owner and the City can go ahead and have a grand opening when the renovations are done. The Council concurred. Affordable Housing City Manager Netter stated he has been asked about criteria criteria for affordable housing and that the City does not have one in its books and in the past, the criteria has been on a case by case basis. He stated that at the next Council meeting a comprehensive report will be provided which may include criteria for affordable housing. City Attorney's Report: Rent Control City Attorney Flitner reported that the City submitted its litigation brief in response to the plaintiff's brief regarding the computation of formula to be used for Rancho Verde. It is only with Rancho Verde that the City is not in agreement with because they want the rent to include utilities. The difference is about $100,000. The matter is set for oral argument with Judiciary Arbitration Nbdiation on March 12th. Rohnert Park City Council Minutes (16) February 25, 1992 Matters from/for Council: Traffic Signal at Councilman Eck stated that the signal light on Snyder Lane and Snyder /Expressway the Expressway bypasses a cycle every once in a while. City Engineer Brust stated that the light is supposed to do that. The signal is set to pre -empt Expressway traffic to allow the Expressway traffic with priority move. If the light bypasses a cycle when there is no demand on the Expressway, then the light is not functioning properly. Ordinance 477 Councilman Eck stated he has received a few suggestions what the annexation fees can be used for. He stated that in the past, the fees were used for capital improvements. He read the ordinance, specifically the part "and for ongoing operations such as general government... ", and he would like to change that part so it cannot be done. Councilman Hopkins stated he does not see the Council doing that but the City should have that option to be able to do that if the Council deems it appropriate. In other words, leave the options open. Councilman Eck stated he would hate to see salaries of City employees based on annexation fees collected which is a short term benefit for a long term disaster and that it makes him nervous when annexation fees are used to feed the General Fund reserve. The developers are selling us a sports complex, a capital improvement project and he would like to have for discussion at the March 10th meeting the ordinance amendment and review the annexation fee. Council work City Manager Netter reminded Council of the work session on session community separators on March 3, 1992 at the City offices from 5:00 to 7:00 P.M. This session will also include discussion on LAFCO policies. Mayor Spiro asked if the date or the time can be changed because she will be going to the City that day. The Council concurred to change the time from 7:00 to 9:00 P.M. to be held in the conference room. ABAG General City Manager Netter stated that the ABAG General Assembly on Assembly March 19, 1192 from 1:00 p.m. to 5:30 p.m. at the San Francisco Hilton is for information only. Hazardous Councilman Reilly queried about the hazardous material Material incident behind the Southwest shopping center and if they have been identified. City Manager Netter indicated he has requested a complete report from the Public Safety Dept. American Councilman Reilly asked, to have it on public record, for Disabilities Council concurrence for him to attend the American Act seminar Disabilities Act seminar on Thursday at Irvine. Councilman Hopkins made the motion to authorize Councilman Reilly's Rohnert Park City Council Minutes (17) February 25, 1992 attendance at the seminar. Said motion was seconded by Councilman Eck and passed on the following vote: Ayes: (4) Councilmen Eck, Hopkins, Reilly, and Mayor Spiro Noes: (0) None Absent: (1) Councilman Hollingsworth Safeway Mayor Spiro requested Public Safety to look into the condition behind Safeway because it has become an unhealthy situation with the accumulation of trash and garbage. Also, the Mayor noted graffiti at the rear of the building. Family Services Mayor Spiro reported she made a call to the U.S. Congress and Mayors committee on family services to find out if they can accept in the committee a Mayor now who will not be a Mayor next year and advised the Council that she would like to pursue the matter. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. Adjournment Mayor Spiro adjourned the meeting at approximately 9:46 p.m. to 7:00 p.m. on March 3, 1992 in the conference room at City Hall for work session on coninmity separators /open space. Deputy City Clerk Mayor