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1992/06/09 City Council MinutesRohnert Park City Council Minutes June 9, 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 sessi allegiance. to rder at approximately 6:27 p.m. and led the pledge Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss personnel matters and real litigation matters. She said no action was taken and there was nothing to report at this time. 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 Nanager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy and Director of Public Works /City Engineer Brust. Approval of Minutes Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and abstain by Mayor Spiro due to absence from said meeting, the minutes of May 26, 1991 were approved as submitted by the following vote: AYES: (4) Councilmembers Eck, Hollingsworth, Hopkins and Reilly ABSTAIN: (1) Nayor Spiro NOES: (0) None Approval of Bills Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, the bills presented per the attached list in the amount of $885,332.04 were unanimously approved. Non - agendaed Mayor Spiro queried if any Councilmember had any non - agendaed Natters items to add to the agenda. Councilman Eck said he had one miscellaneous item to add. Councilman Reilly said he had two miscellaneous items to add. City Manager Netter said he had two items to add under City Manager's Report. Unscheduled Public Mayor Spiro stated that in corcpliance with State Law (The Appearances Brown Act) , anyone in the audience who wished to make a comment may do so at this time. In most cases under Rohnert Park City Council Minutes (2) June 9, 1992 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. Mayor Spiro reviewed the number of speaker cards for tonight's unscheduled appearances and requested each speaker to limit their comments to three minutes. She said if the time became too excessive, it would be necessary for remaining speakers to hold their comments until the second unscheduled public appearance time at the close of the Council meeting. If anyone know in advance of a meting that they intend to speak regarding any matter, they should call the City Offices to be placed on the agenda under scheduled public appearances. Mayor Spiro said this particular item is scheduled for further review later on tonight's agenda. Linda Branscomb - Linda Branscomb, 21 Anne, said last week was Homless Awareness Week and she wanted to acknowledge City Council for its contributions to the Homless Prevention Program. She referenced the item regarding prayer at the beginning of Council metings, and said she agreed that such prayer should be a "moment of silence" to encompass everyone's beliefs. Mark Burchill - Mark Burchill, 2529 Caballo Court, Santa Rosa, Ca., Owner and President of Advent Office Furniture, said he was here tonight to continue his protest of the City's award of bid for the new Public Safety Building furnishings. He reviewed discrepancies in the number of claims that his company was told it had not mt the specs and said out of sixteen, only two were actual areas where they did not met the specs. Mr. Burchill said his company was one of the previously mntioned vendors for the Performing Arts Center and had received no complaints regarding the fulfillment of its contract for this facility. He reviewed differential figures for the Public Safety furnishings contract and said his company's figures included freight, whereas the B B & T had not. W. Burchi11 referenced comments at the previous Council meting that complaints like his were more frequent due to the economy, but said he felt the City's action appears to show favoritism and that if even an appearance of fixed bids is a problem, the matter needs to be addressed. Chip Worthington - Chip Worthington, 8080 Mitchell Drive, said he cam tonight to speak to Council about the quality of life in Rohnert Park. He said he has a sports program and is happy to report that three young mn involved in it are now working at Wal -Mart. Also, a man in church was just hired by Hom Depot and his family is thrilled. He said he would like to thank Council for making the developnent possible, even though there were a lot of critical comments. He thought the provision of jobs to young people, con -pared to them goofing off on the streets at night, was a good thing. In noticing the "A" Park baseball crowd, Chip Worthington said he hoped Council would get more sports facilities and the needed land. He also hoped, when Council makes decision for prayer, that they would vote in favor of that because somtims there are things we cannot handle that present the need to call on somthing higher than ourselves for help. Rohnert Park City Council Minutes (3) June 9, 1992 Julia D'Addario- Ahrens - Julia D'Addario- Ahrens, 5101 Hacienda Court, provided a petition to Council of approximately 300 signatures opposing the construction of a Wine Center on Roberts Lake Road Park being built on public open space land or at public expense, which were gathered by a handful of people within a few hours. She said, even if there are a thousand in favor of the Wine Center, it is their feeling that if this matter had been put to vote of the people, it would have failed because of using what is considered open space. Others are not subsidized in this manner, so why should the Wine Center have such privileged treatment. The feeling is that most people will drive right by the facility, since most of the publicized wine country is farther north. Ms. D'Addario- Ahrens said money pledges for the construction of this facility are not the same as funds collected, and said it is her understanding that a couple of large pledgers have withdrawn their support. She said it was also her understanding that the City could end up being responsible for the completion of the construction of this building, if too many supporters pull out and the Winery Assn. is unable to fulfill the financial commitment. Mal K. Kolm - Mal K. Kolm, 315 Rustic Lane, read contents of his letter to the Mayor dated June 9, 1992 referencing his comments at the previous City Council meeting regarding lack of concern for seniors from the owners of Valley Village Mobile Estates, and also expressing further concerns regarding discourtesy of a City representative /employee. W. Kolm presented this letter to the Mayor following his comments on same. Roger Southfield - Roger Southfield, 5338 Daniel Drive, said he has been a resident of Rohnert Park for 15 years and has seen this City grow and develop into a beautiful City. He said he thought it was his duty, as a citizen of Rohnert Park, to point out things that the City should be aware of, or needs attentions. W. Southfield said there needs to be a 4 -way stop sign placed at the Country Club crossing at Eleanor and Daniel Drive. He said his cominications with the City Engineer regarding research of the matter had not seemed satisfactory, so felt it necessary to bring this request to Council's attention. Mr. Southfield reviewed information provided from the Public Safety Dept. regarding the number of accidents on the specified corner and requested Council approval of the 4 -way stop sign as requested. He said he was aware of the new stop signs on Golf Course Drive at the Roberts Lake Road intersection, but still felt the need for one at Eleanor and Daniel Drive. Mr. Southfield said he has talked with neighbors and business people in the area, and they are all for it. He shared personal experiences with accidents related to the referenced intersection, reviewed schools in the area, and said he would proceed with a petition and be placed on the next Council agenda, if necessary. Discussion followed during which Councilman Eck said the concerns expressed pertaining to the Wine Center construction funding would take care of his miscellaneous matter referenced earlier. He said questions have been raised about groundbreaking without completion of funding provisions, and that Council should not be in the dark regarding this matter with no data available for its review and response to same. City Manager Netter responded that there is a protection in the agreement wherein the City would not end up with the Rohnert Park City Council Minutes (4) June 9, 1992 responsibility of completing the construction of this facility, but since the City is not privy to the agreement between the Wineries Assn. and the contractor or lenders for this construction, he did not have information available to respond to particulars of the financial picture. He confirmed a representative of the Wine Center would be invited to the next Council meeting to inform Council of progress to date and r spond to the questions raised tonight, especially pertaining to funding provisions. Staff was directed to report back to Council on the Country Club /Daniel Drive stop sign and invite a representative from the Wineries Assn. to next Council meeting to update the Council on the Wine and Visitors Center. 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 Naeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution A RESOLUTION CONGRATULATING DR. DAVID W. BENSON ON THE OCCASION OF HIS No.92 -92 RETIREM M AS PRESIDENT OF SONOM STATE UNIVERSITY Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK DESIGNATING THE No. 93-93 SONOM COUNTY TRANSPORTATION AUTHORITY AS THE SONow COUNTY PROGRAM MNAGER OF THE AB 434 M7TOR VEHICLE REGISTRATION FEE FOR CLEAN AIR IN THE BAY AREA Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 92 -94 AUTHORIZING AND APPROVING LEASE AGREEMENT WITH FOGALS TAEWKONDO CENTER FOR USE OF SPORTS CENTER ACTIVITY ROOM Approving waiver of fees for use of Commmity Center per Joyce Poueu request for a fundraising luau to support her girls softball team. Upon motion by Councilmember Hollingsworth, seconded by Councilmerrber Hopkins, and Unanir«cusly approved, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE INSTALLATION No. 92-95 OF STOP SIGNS (on Golf Course Drive at the Roberts Lake Road Intersection) City Manager Netter said there was one emergency item needing Council's attention tonight pertaining to installation of stop signs on Golf Course at the Roberts Lake Road Intersection due to Cal -Trans construction of the new Wilfred Avenue on /off ramps, as a formality due to not being included on the Consent Calendar. He explained the resolution for Council's consideration. Rohnert Park City Council Minutes (5) June 9, 1992 Upon motion by Councilman Eck, seconded by Councilman. Hollingsworth, declaring Resolution 92 -95 an emergency item was unanimously approved. Upon motion by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, reading of Resolution No. 92 -95 was waived and said resolution was adopted. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE No. 560 ROHNERT PARK M- VICIPAL CODE BY ADDING R -1 (SINGLE FAMILY - RESIDENTIAL) DISTRICT TO THE ZONING SCHEDULE AND BY MODIFYING THE MINI" LOT SIZE IN RESIDENTIAL DISTRICTS COMBINED WITH THE PLANNED UNIT DEVELOPMMVr City Manager Netter explained the ordinance as reviewed in the Council Meeting Memo, which was introduced at the May 26th, 1992 Council meeting, and responded to Council questions regarding same. Upon introduction by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, reading of Ordinance No. 560 was waived and said ordinance was adopted. "Kitchen Kut -Ups" Presentation: Mayor Spiro read resolution for presentation to the "Kitchen Kut -Ups" expressing congratulations on the 20th year anniversary. She presented the framed resolution to Betty Ferra, representative for "Kitchen Kut- Ups ", expressed appreciation for her leadership and combined efforts of all the performers of this group that has enhanced the lives of our conTun.ity. Interim Housing Task Force resignation: City Manager Netter said copies were provided to Council of letter from Ann Kennedy, member of the Interim Housing Task Force, tendering her resignation from the Task Force as reviewed in the Council Maeting Memo. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, resignation of Ann Kennedy from the Interim Housing Task Force was accepted, including direction for appropriate letter of appreciation to be written from the Mayor. Scheduled Public Appearances: 1) Mars. Faauuga Poueu - Mrs. Faauuga Poueu shared contents of copies distributed to Council of letter from Goodwill Series Inc. to Players, Parents, and Sponsors of the California Rookies Baseball Team regarding invitation to participate in the 4th annual Friendship Baseball Series in Beijing, China, August 7 -19, 1992. She said her son, Sams Poueu, was chosen to the Northern California American "Select Rookies" 14 -15 age group as reviewed in the Rohnert Park - Cotati Clarion article dated Sunday, May 31, 1992, of which copies were also distributed to Council. Mrs. Poueu said $2,000 mast be raised in order for her son to make the trip and, therefore, requested Council's support and approval of a donation toward the cost of this trip for her son. She confirmed to Council inquiry that the deadline for funds was July 18. Rohnert Park City Council Minutes (6) June 9 1992 Discussion followed. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, to refer Mrs. Poueu's above request for donation toward her son's trip to China to the Parks and Recreation Commission, which is in keeping with Council procedural policy. 2) Volunteer Center proposal - Alan Murray, recent graduate of Leadership Rohnert Park (LRP), said the graduating LRP class is considering efforts toward development of a Rohnert Park Volunteer Center. He shared contents of copies provided to Council of letter, with attachments of various support letters, regarding this proposal from the Steering Committee comprised of himself, Catherine Crotty, Dawna Gallagher and Corinne Braasch, as reviewed in the Council r&-eting Memo. Ms. Gallagher distributed to Council copies of additional support letters to add to the above - referenced attachments, and pointed out that their proposal does not reinvent any wheels of which the City's Comrun.ity Outreach for Youth and Families is already doing. Mr. Murray requested Council approval to contribute $2,500 for seed money to begin fundraising efforts toward the $25,000 needed to set up the Volunteer Center in Rohnert Park. Mr. Murray reviewed plans for local fundraising efforts and said an application has been place with Conminity Outreach for use in its facility. A motion was made by Councilman Hopkins to approve half of the funds needed with the condition that said funds not be distributed until LRP representatives have the other half collected from their various fundraising efforts. Discussion followed during which Councilman Hopkins withdrew his motion due to Council concurrence that this matter should be reviewed in relation to other proposals currently being considered in 1992 -93 Budget work sessions in process, with the next Budget work session scheduled tomorrow at 4:00 p.m. at City Hall. Council requested LRP representatives to provide a projected budget breakdown for the proposed Volunteer Center for Council's further review and consideration during the referenced 1992 -93 Budget work sessions. Prayer consideration at beginning of City Council meetings: City Manager Netter referenced request from resident at previous Council meting to begin each Council meting with prayer and said the item has been placed on tonight's agenda for discussion, as requested by Council and reviewed in the Council Meeting Memo. A motion was made by Councilman Hollingsworth to begin each Council meeting with prayer if the local Ministerial Association would correlate and provide someone at each Council meeting to begin the meetings with prayer, seconded by Councilman Hopkins for discussion purposes. Discussion followed during which concerns were expressed regarding the numerous complexities involved with this issue including faiths or non - religious groups that may or may not be offended by opening Council meetings with prayer, as well as those faiths not represented by the local Ministerial Association. Comparisons were made with the Rohnert Park City Council Minutes (7) June 9, 1992 logic of verbalized prayer versus a moment of silence" for reflection or prayer, as desired. Suggestion was made that interested persons could have prayer prior to Council meetings between 5:00 and 6:00 p.m. A motion was made by Councilman Hollingsworth to schedule a public hearing,to receive input from citizens regarding this matter and withdrew same following further discussion pertaining to emotional impact of this issue connected with the many different views of same. Mr. Hollingsworth suggested a trial period of three months as recommended in his previous motion to see whether or not any trouble is created as a result of opening Council meetings with prayer. Jim Stoup Jim Stoup, 388 School Street, Cotati, expressed disapproval of opening Council meetings with prayer and said there are many Christians who are concerned about government agencies instituting religious efforts because of various implications. Further discussion followed during which Council concurred that a public hearing, possibly by special meeting and at a larger facility, should be set for this matter regarding consideration to open Council meetings with prayer, and that a date regarding same would be set at the next Council meeting. RECESS Mayor Spiro declared a recess at approximately 7:30 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 7:37 p.m. with all Councilmembers present. Setting Time Limit for Unscheduled Public Appearances: City Manager Netter referenced brief discussion during previous Council meeting wherein unscheduled public appearances exceeded 45 minutes of time and shared comments, as reviewed in the Council Meeting Memo, pertaining to limiting the time of said appearances. Discussion followed during which Council acknowledged that the people who know they are going to be here prior to printing agendas should call the City Offices and schedule their item on the agenda, so time can be specifically allotted. Others should simply make a brief statement regarding their issue of concern at any unscheduled appearance, and /or reschedule the item on the next Council agenda if more time is needed, or wait until the second unscheduled public appearance time at the end of Council meetings for lengthier items. Suggestion was also made regarding the possibility of having unscheduled appearances follow scheduled ones as a courtesy to those who did schedule an item, with conclusion, however, that unscheduled comments may pertain to the Consent Calendar and would therefore have to precede its approval. A motion was made by Councilman Hollingsworth, seconded by Councilman. Hopkins, and unanimously approved, to try the policy of limiting unscheduled public appearances to three ( 3 ) minutes each for a total period of fifteen (15) minutes with all remaining unscheduled public appearances at the end of the agenda. Rohnert Park City Council Minutes (8) June 9, 1992 PINE CREEK PROPERTIES request for Subordination Agreement - City Manager Netter referenced request from Ken Martin, owner of Pine Creek Properties, for City's execution of Subordination Agreement to the California Housing Agency regarding a State bond program on the Altamont Apartment on Enterprise Drive. He said copies of various items regarding this matter were provided to Council including letter dated June 3, 1992 from California Housing Finance Agency (CHFA) and resolution for Council's consideration with attached Subordination Agreement, and shared comments regarding to same as reviewed in the Council Meeting Memo. City Manager Netter said the way this agreement is worded now is too broad and staff could not recommend it as is however, if it could be refined down to the event of "foreclosure only ", and not the event of "sale and foreclosure ", further consideration could be recommended. Another option staff is researching is for the City to have 1st right of refusal in the event of sale or foreclosure. He said Phil Hoon from Sutro & Company was Present at tonight's meeting and could comment on this matter from the state's standpoint. City Manager Netter said copies were also provided to Council of City Attorney Flitner's letter dated June 3, 1992 responding to this matter, to which the City Attorney reviewed contents therein discouraging execution of the Subordination Agreement, unless Council decides to change its policy regarding this matter. Mr. Flitner said this project was approved for seniors over 55 years of age and the City reduced the parking requirements accordingly. He said there were two alternatives that could be considered which would be 1) give the City, or Cornnuzity Development Agency the first right of refusal of option to purchase, if it desires to do so, or 2) consideration could be given to the possibility of variance, if terms of the project were enforced only as senior housing. If foreclosure incurred, the City might have to review the senior housing and parking compliance. Legally, the City could institute the variance. 'These are the two alternatives discussed so far. Mr. Phillip Hoon, Vice President of Sutro and Company, said he has worked on the Altamont project for four years and the Subordination Agreement for Council's consideration tonight is the last step toward closing. This project is one of the most affordable in the area and would be one of the largest loans in the amount of $10 million. Other loans have averaged approximately $3 million. This approval of this financing is based on the project being a senior housing project and is directly related to the convenience of the City's Senior Center. The financing is for a 32 year loan and, to the extent that that loan is outstanding, Sutro will back that loan that supports senior housing. Another most critical element is the subsidizing of rents for 40% of the tenants. By law, the rents have been reduced to affordable rates, and those rates are about to be renegotiated. What we are faced with now is this last step toward closing. Under normal circumstances, CHFA would have the responsibility of selling the property for pay off, however, CHFA and the City's Finance Director Mike Harrow have been discussing the logic of the City to have right Rohnert Park City Council Minutes (9) June 9, 1992 of first refusal in the event of default. In such case, the lender would have to come to the City or its non - profit agency to see if it would want to acquire the project in order to leave it in place as senior affordable project. Even so, it is only in a last or worse case event that the seniors would go away since the senior aspect is also CHFA's objective. The final date to submit this agreement is the end of this month on June 30th, 1992. Discussion followed during which Mr. Hoon, City Manager Netter and City Attorney Flitner responded to further Council questions pertaining to this matter. Council complimented the over -all efforts involved in this project with comments that it sounds good, as long as every precaution possible is taken not to jeopardize affordable housing for seniors. City Manager Netter said it is staff's recommendation that this item be placed on the next Council agenda since some of the language in the Subordination Agreement needs to be refined and clarified as reviewed tonight especially pertaining to "foreclosure sale" instead of "sale and foreclosure" and City's "right of first refusal". City Attorney Flitner confirmed the restriction of parking from two to one could be handled by variance. He also pointed out that if there would be a foreclosure in 10 or 15 years, then the bidding price might be more than the City would want to pay if the owner insisted on market price, but if the owner would agree to a reasonable limit, it might be fruitful for the City to proceed with the agreement. A motion was made by Councilman Hollingsworth, seconded by Councilman Reilly, and unanimously approved, to defer this item pertaining to Pine Creek Properties Subordination Agreement to the next Council meeting agenda, following further review and refinement of language in said agreement, as recommended by staff. Planning and Zoning matters: File No. 1546 - Planning Director Skanchy referenced plans on display regarding File No. 1546 for Codding Enterprises /Home Express revised landscape plan review, pertaining to any project visible from U.S. 101 Corridor requires Council review and approval, as discussed at the previous Council meeting. He responded to various Council questions regarding the retaining wall and clusters of redwoods separating the parking area from the specified section of Millbrae Avenue in the set back area reduced from 30' to 20'. David Codding, President of Codding Enterprises, responded to Council inquiry that the clusters and spacing of the coastal redwnods could not be placed any thicker with jeopardizing necessary visibility of the business. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, revised landscape plans for File No. 1546 - Codding Enter- prises /Home Express were unanimously approved. Rohnert Park City Council Minutes (10) June 9, 1992 File No. 1553 - Planning Director Skanchy referenced plans on display and shared contents therein of staff report dated May 20, 1992 regarding File No. 1553 - Chili's Grill & Bar (Brinker's International) site plan and architectural review for a 5,693 sq. ft., 217 seat restaurant located on the southwest corner of Redwood Drive and the main driveway serving Arby's and Home Depot facilities. He said the Planning Commission approved this plan subject to the conditions as outlined in the referenced staff report. W. Skanchy responded to various Council questions regarding same. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, with unanimous approval of File No. 1553 - Chili's Grill & Bar Restaurant site plan and architectural review as recommended by the Planning Commission and staff. Councilman Eck pointed out that the only thing that concerns him is the similarity of everything in the area and thought some variety would be advisable. Citywide Water/Wastewater Conservation program: City Manager Netter referenced copies provided to Council of staff report regarding proposed Citywide Water /Wastewater Conservation Program, as reviewed in the Council Meeting Memo, as well as copies provided to Council of resolution for consideration approving said Program and an agreement with Aquetec, Inc. for the Phase I plan. City Engineer Brust reviewed contents of the above- referenced report and responded to various Council questions regarding same, specifically confirming that the retrofitting would be strictly on a voluntary basis. W. Brust introduced Mr. Dick Sanders and Hal Woods, representatives of Aquetec, Inc. present at tonight's Council meeting to respond to Council questions regarding this program. Discussion followed during which Council queried if a bid process should take place for this program to which City Manager Netter responded that such would not be necessary, unless desired by Council, since this is basically a service contract wherein a bidding process is not required. Upon motion by Councilman Eck, seconded by Councilman Hopkins, the concept of the Citywide Water/Wastewater Conservation Program was unanimously approved with direction to staff to bring this item back with a bid package for Council's further review and consideration. Mr. Dick Sanders, representative of Aquetec, Inc., responded to various Council questions that Aquetec has been in business for approximately four years, reviewed the areas in which Aquetec has provided the service, and commented that Aquetec was the only company in the surrounding area that does provide this type of program, even though they had tried to teach others to do it with no result of generating interest to incorporate said program into other businesses. Rohnert Park City Council Minutes (11) June 9, 1992 PUBLIC SAFETY BUILDING on Southwest Boulevard: City Manager Netter said this item regarding proposed use of the Public Safety Building on Southwest Boulevard was briefly discussed at the previous Council meeting wherein proposals to date were reviewed. He referenced copies provided to Council of additional communications regarding this matter, as reviewed in the Council Meeting Memo, including 1) staff report from Chief Dennett dated June 5, 1992 regarding possible interest for use by Sonoma Life Support for its operation and housing of ambulance; 2) fax letter dated June 3, 1992 from Mark Wheeler of Sonoma County Office of Education with attached floor plan and use proposal; and 3) letter dated June 8, 1992 from Jan White for Boys and Girls Club of Rohnert Park confirming agreeable communications with Vic Trucco, Program Director of the Sonoma County Office of Education to jointly occupy the building. City Manager Netter said both Jan White and Vic Trucco were present at tonight's meeting to respond to Council questions, if desired. Mr. Netter said it is staff's recommendation that a master lease be prepared working out a joint program for the County Office of Education comnuzity school and the Boys and Girls Club of Rohnert Park. Discussion followed during which City Attorney Flitner responded to inquiries from Councilman Hollingsworth regarding his wife being on the Boys and Girls Club Board and Mayor Spiro being on the same Board, that he thought it would be prudent for the Mayor to abstain from this item, but he would have to look into the matter further regarding direction to Councilman Hollingsworth. Both Councilman Hollingsworth and Mayor Spiro said they would abstain from voting on this issue. Councilman With both Mayor Spiro and Vice Mayor Hollingsworth abstaining from Hopkins this item, Councilman Hopkins presided over the Council meeting at presides this point. A motion was made by Councilman Reilly, seconded by Councilman. Eck, and unanimously approved with Vice Mayor Hollingsworth and Mayor Spiro abstaining, directing preparation of master lease for joint use of Public Safety Building on Southwest Boulevard for County Community School and Boys and Girls Club of Rohnert Park, as recommended by staff. Mayor Spiro Mayor Spiro resumed presiding over the remainder of the Council presides meeting at this point. Roofing Material Standards: City Manager Netter shared comments, as reviewed in the Council Meeting Memo, regarding roofing material standards in residential subdivisions pointing out inconsistencies of re- roofing jobs in various areas throughout the City. Per discussion between Planning Director Skanchy and City Attorney Flitner, enforcement of a Zoning Rohnert Park City Council Minutes (12) June 9, 1992 Ordinance amendment requiring wood shake shingles in specified areas would be difficult to enforce and provide an undue hardship to residents. If this is the case, from staff's standpoint, Council may want to consider establishing a criteria for a premium composition shake in lieu of the wood shake shingle. Discussion followed during which Councilman Hollingsworth said insurance rates are treated the same for wood shake shingles as for any other type shingle, even after the fire storm in Oakland, and the wood shakes can now be made with a fire retardant. He said there are also some substitutes now that have the appearance of shake and tile, but did not feel the subdivision requirements should be changed or composition shingles permitted in areas where the wood shakes have been required by subdivision agreements. The community needs to be informed about the need for a permit from the Building Department before proceeding to re -roof. A motion was made by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, to refer this matter to the Planning Commission and Planning Director for further review regarding the possibility of other alternatives for establishing re -roof criteria other than amending the Zoning Ordinance, indicating Council's desire of not re- roofing with composition shingles where tile or wood shakes have been the original materials. Councilman Hollingsworth - Councilman Hollingsworth left the Chamber at approximately 9:03 p.m. leaves Transportation matters: SCTA Citizen Advisory Committee for developing a Countywide Transpor- tation Plan - Director of Public Works /City Engineer Brust referenced copies provided to Council of memorandum dated June 1, 1992 from Bob Anderson, Chairman of Citizens Advisory Committee (CAC) wherein results of Play 27th meeting pertaining to Countywide Transportation Plan were reviewed. Councilman Eck said he also attended the above - referenced meeting with City Engineer Brust and they took the position of creating another transportation plan, so now the issue is which one do we want to support, or both. Having a plan is important and a lot depends on whether a plan comes out on the ballot measure, so there is time to think about it. Councilman. Hollingsworth - Councilman Hollingsworth returned to the Chamber at approximately returns 9:06 p.m. Rohnert Park City Council Minutes (13) June 9, 1992 Discussion followed during which Mayor Spiro said it would be nice to analyze the total picture on one page to get a better perspective of the issue. Councilman Eck said this matter would be placed on the July Council agenda and their recommendations may change between now and then. "2 x 2" meeting with City of Cotati: Mayor Spiro said City Manager Netter and Council Committee comprised of herself and Councilman Hollingsworth met recently with representatives of the City of Cotati met and had discussions about roads, traffic signals, plans, etc. relating to impacts on each city. Council Committee Member Hollingsworth said it actually seems the City of Cotati is having more growth scheduled than the City of Rohnert Park. He mentioned new plans in the town square, 350 new homes proposed and a golf course west of the City of Cotati. There was talk . about an outlet mall and what Cotati is going to do to upgrade Redwood Drive, which it appears Cotati's plans will impact more than Rohnert Park's plans. There was also some review of plans to the west of Cotati and discussion about the needed sewer interception line. City Manager Netter said there are two proposed projects that will impact Railroad Avenue intersection, referring to the 300 to 400 homes east of Rohnert Park and the 350 homes west of Cotati, whereby Cotati's development will actually impact that area more because of the development being off their Sierra Avenue. The residents in the proposed 80 acre annexation would definitely use Petaluma Hill Road to access Santa Rosa and Petaluma before using East Railroad Avenue. Mayor Spiro responded that it is interesting that they have the option of consideration to provide for a freeway interchange at West Sierra Avenue, but Cotati does not want to take out the older homes around City Hall to widen that street. Comrunications - Con[nunications 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's Report: 1) City Manager Netter said copies were provided to Council of letter dated May 20, 1992 from North Marin Water District, for informational purposes, regarding surplus entitlement and purchase negotiations. 2) City Manager Netter referenced 1992 -93 Proposed Budget and suggested setting the date for public hearing at the June 23rd Council meeting and that notices for same would be published accordingly. He confirmed that review of the Parks and Recreation's projects prioritization can be reviewed as a separate item, as they mostly are capital projects which does not affect the existing proposed budget. He reminded Council that the next scheduled Budget work session is set for tomorrow, June 10th, at 4:00 p.m. Council concurred to schedule public hearing for 1992 -93 Budget during the next Council meeting on June 23rd, 1992. Rohnert Park City Council Minutes (14) June 9, 1992 3) City Manager Netter referenced 1992 -93 Season meeting on Performing Arts Center operation and said he would update Council further when the dates are received. 4) City Manager Netter as- d Council Committee Members Eck and Reilly when they wanted to set a meeting date regarding Mobile Home Rent Control issues. June 16 or 18 were considered by Councilmen Eck and Reilly, but said they would have to confirm a time with City Manager later. 5) City Manager Netter said a time and date also needed to be set for Golf Course Committee meeting. Council Committee Members Hollingsworth and Hopkins concurred to Friday, June 19th, 1992 at 11 :30 p.m. 6) City Manager Netter said copies were provided to Council of list of items recently requested by the Sonoma County Grand Jury, for informational purposes, basically pertaining to annexation requests. 7) City Manager Netter said he received a memo from Parks and Recreation Department requesting $1500 for the annual City picnic that will be reviewed at the next budget work session. 8) City Manager Netter referenced information received regarding Legislative working group focusing on City's VLF and Property Tax with an impact to Rohnert Park in the amount of $1.4 million. He said this is a movement that is taking further revenues from cities. Mayor Spiro responded that she will be attending a meeting with the Revenue and Taxation Department of the League of California Cities and will review these concerns. City Attorney's Report: 1) City Attorney Flitner referenced copies provided to Council of letter dated May 6, 1992 from Maurice Fredericks regarding Mbbile Home Park (M-IP) zones - "T" zones and reviewed contents therein. He said this firm represents the interests of Iona H. Sim, owner of the Las Casitas Mobile Home Park in Rohnert Park. He said the City cannot take away their rights, but does have the right of re- zoning. The Mobile Home Park owners would have the right to appear at hearings, but Council does have the right to zone mobile home parks. If there are preceding factors, they can be worked out as you go along. 2) City Attorney Flitner referenced copies provided to Council of Notice filed with County Clerk regarding Erica Anderson vs. City of Rohnert Park (Tender to REMIF) which is an injury case of which there should be no problems. Rohnert Park City Council Minutes (15) June 9, 1992 3) City Attorney Flitner said Council had previously referred Robert Sissa to him regarding Mr. Sissa's card room proposal and possible ballot measure. Mr. Flitner reviewed previous discussions pertaining to this matter and said Mr. Sissa had indicated that he would provide a substantial investment, if he wants to proceed with the idea of which his interest would be subject to Council being favorable to a 24 hour /7 day a week operation, and that no more card rooms would be permitted per certain population limit. City Attorney Flitner said the City has to be concerned about monopolies, but it could be legal under the population limit. He said he would have further information regarding said legality next week. Assuming it is legal and Council wants to consider this proposal, and it goes to the November ballot, the deadline for submittal is sometime in August. Discussion followed during which Council comments included no interest in a monopoly, reviewed discussions with Mr. Sissa at previous Council meetings, as well as the cost to him of approximately $15,000 for the card room issue to be placed on the November 1992 ballot. Staff will contact Mr. Sissa to see if he is still interested in this proposal and that he may be asked to pay the election costs. 4) City Attorney referenced recent request for cities to participate in an amicus brief with the cities of Cudahy, Huntington Park, Lynwood, Maywood and South Gate pertaining to HUB cities corsortium that operates federally funded job training partnership act programs for unemployed residents of its cities. If formed, this corsortium could receive the funds before State reception of same, without having State or other local interference. City Attorney Flitner said it sounds like a good program as a way of having up front money that does not have to be shared. A motion was made by Councilman Hollingsworth, seconded by Councilman. Eck, and unanimously approved, to join in the above - referenced amicus brief as recommended by City Attorney. Matters from Council: 1) Councilman Eck referenced communication received regarding Breast Cancer Action resolution and requested the item be placed on the next Council agenda by resolution of support. Council agreed. 2) Councilman Reilly referenced information from OEHHH of California Environmental Agency toward 21st Century planning and, for Council's information, said he sent them a letter signifying his interest to be part of the 20 -25 member planning committee. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to send a letter of support pertaining to above- referenced interest expressed by Councilman Reilly. Rohnert Park City Council Minutes (16) June 9, 1992 3) Councilman Reilly expressed concerns regarding the Brown Act revisions and said there has apparently been some violations. He said maybe it would be better to comamicate portions this Council agrees with, as well as those we don't, rather than simply rejecting the proposed revisions. Mayor Spiro responded that those letters have already been sent. Discussion followed. Regarding the complexities of this matter, staff pointed out that communications should especially target Council's disapproval of taping closed sessions. 4) Councilman Hollingsworth referenced information regarding losing additional funding from DW and other sources. Discussion followed. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to place notice in next City billing explaining to the people that the State is going to cut funding to local areas again by 10 %, and if they are interested in this, to express their concerns by writing to their legislative representatives. 5) Councilman Hopkins reviewed comments regarding his suggestion at the previous Council meeting to place League of California Cities' Bulletins on Consent Calendars to represent support to the League, wherein specific item can be removed if Council does not approve. Discussion followed during which City Manager Netter said staff would recommend pulling those items from the Legislative Bulletin that are absolutely important to this Council to be placed on the Consent Calendar in that manner. Discussion followed. A motion was made by Councilman Hopkins, seconded by Mayor Spiro, to place Legislative Bulletin items on Consent Calendars with modification as recommended by staff. Further discussion f0"'a t-�d during which concerns were express to place anything on the Consent Calendar "carte blanc ". City Manager Netter recommended stamping the Bulletin into conrunications whereby Council could specifically deal with interested items at each meeting. Councilman. Hopkins withdrew his original motion and made a motion, seconded by Councilman Hollingsworth, and unanimously approved, to stamp the referenced Legislative Bulletin into ConTamications for each Council meeting. 6) City Manager Netter said the Council on Aging of Sonoma County 25th Year Celebration Ice Cream Social will be at Colegio Vista Park, 1:00 to 3:00 p.m. on Saturday, June 13, 1992. Rohnert Park City Council Minutes (17) June 9, 1992 7) City Manager Netter said Graduation dinner is scheduled Thursday, June 18, 1992. the Leadership Rohnert Park (LRP) at the Red Lion Inn at 6:30 p.m. on 8) City Manager Netter said the League of California Cities /Mayors & Councilmembers Executive Forum will be held in Nbnterey, California from July 29 -31, 1992. Discussion followed regarding the program format and Councilmembers' and City Manager's intentions of attending different portions of this forum. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. Keith Hallock - Keith Hallock, 1500 Baumgardner, Santa Rosa, asked when would his item regarding proposed affordable housing be reviewed to which City Manager Netter responded that Phase Two of the General Plan update will be discussed during the upcoming budget work sessions and there would probably be information available regarding the matter following those meetings. George Horwedel - George Horwedel, 7669 Camino Colegio, expressed appreciation to Councilman Eck for providing the letter on the Wbile Home Park issue. He referenced a survey contained in material he provided regarding mobile home parks and said it could be disregarded as he was unable to obtain the information desired. In response to Council inquiry, Mr. Horwedel said he was not going to run for City Council during the upcoming election. Adjournment - Mayor Spiro adjourned the meeting at approximately 9:45 p.m. to 4:00 p.m., June 10th, 1992 for a budget work session. De Ci C i erk 4L Mayor