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1991/11/26 City Council MinutesRohnert Park City Council Minutes November 26, 1991 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 Eck presiding. Councilman Hopkins said he has invited the Association of Bay Area Government (ABAG) to have its next General Assembly meeting at the Red Lion Inn in late February or early March during which there will be discussion regarding regionalism. He said the Director wants to have the meeting in San Francisco or Oakland, but Councilman Hopkins said he is making efforts to encourage having the meeting here. Mayor Eck said he had two miscellaneous items, with one being in regard to the bike path on Snyder Lane and the other in regard to a proclamation commending Manuel Mendoza on the occasion of his retirement to be reviewed following tonight's Consent Calendar. City Manager Netter said he had one item to add under City Manager's Report. Prior to opening the regular session of the Council meeting, Assistant to the City Manager Leivo explained aspects of video taping Council meetings and said it is the intent of Milti- Vision to broadcast the videos between 1:00 p.m. and 5:00 p.m. on the next afternoon following actual Council meetings. CALL TO ORDER Mayor Eck called the regular session to order at approximately 6:15 p.m. and led the pledge of allegiance. ROLL CALL Present: (4) Councilmembers Hopkins, Reilly, Spiro and Mayor Eck Absent: (1) Councilman Hollingsworth Staff present for all or part of the meeting: City Manager Netter, Assistant to the City Manager Leivo, Planning Director Skanchy, Finance Director Harrow and Director of Performing Arts Center Grice. Approval of Minutes Upon motion by Councilmember Hopkins, seconded by Councilmember Spiro, the minutes of November 12, 1991 were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hopkins, seconded by Councilmember Reilly, and unanimously approved, the bills presented per the attached list in the amount of $1,907,927.25 were approved. Non - agendaed Mayor Eck queried if any Councilmember had any non - agendaed Matters items to add to the agenda. Councilman Hopkins said he has invited the Association of Bay Area Government (ABAG) to have its next General Assembly meeting at the Red Lion Inn in late February or early March during which there will be discussion regarding regionalism. He said the Director wants to have the meeting in San Francisco or Oakland, but Councilman Hopkins said he is making efforts to encourage having the meeting here. Mayor Eck said he had two miscellaneous items, with one being in regard to the bike path on Snyder Lane and the other in regard to a proclamation commending Manuel Mendoza on the occasion of his retirement to be reviewed following tonight's Consent Calendar. City Manager Netter said he had one item to add under City Manager's Report. Rohnert Park City Council Minutes (2) November 26, 1991 Unscheduled Public Mayor Eck stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to make a cornrent 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. No one responded. C O N S E N T C A L E N D A R Mayor Eck 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.91 -232 A RESOLUTION EXPRESSING APPRECIATION TO VERNON SMITH Resolution No.91 -233 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK CONGRATULATING DR. ROBERT SEISUMS ON THE OCCASION OF HIS RETIREMWr AND DECLARING HIM AN HONORARY CITIZEN OF THE CITY OF ROHNERT PARK Resolution No.91 -234 RESOLUTION ACCEPTING SUBDIVISION INPROVVEMENTS AND AUTHORIZING RELEASE OF SECURITIES, SPRECKEGS PLACE UNIT NO. 6 Resolution No.91 -235 RESOLUTION ACCEPTING SUBDIVISION INPROVEMMS AND AUTHORIZING RELEASE OF SECURITIES, SPRECKELS PLACE UNIT NO. 7 Resolution No.91 -236 RESOLUTION ACCEPTING SUBDIVISION IMPROVEME[M AND AUTHORIZING RELEASE OF SECURITIES, SPRECKELS PLACE UNIT NO. 8 Resolution No.91 -237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING CLAIM OF JOHN GRAYER, JR. (c /o HILDA P. HASELWOOD, ATTORNEY) Approval of Parcel Map No. 142 and accepting dedication (Parcel A, RPX right -of -way, Public Utility Easements) on a 3 lot subdivision of 40.71 acres located in vicinity of Food 4 Less /Price Club/K--Mart. Parcel A is a proposed well site. Approval of Parcel Map No. 143 on a 2 lot subdivision of cor wrcial property on 1.82 acres located in the vicinity of Home Depot/Wal -Mart. Upon motion by Councilmember Hopkins, seconded by Councilmember Spiro, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Rohnert Park City Council Minutes (3) November 26, 1991 Manuel Mendoza PROCLAMATION CONNENDING MANUEL NENDOZA ON THE OCCASION OF Retirement HIS RETIREMENT City Manager Netter explained the proclamation in honor of Manuel Mendoza who is retiring from his position as Maintenance Worker II on November 28, 1991 after twenty years of dedicated service with the City. Upon motion by Councilman Hopkins, seconded by Councilman Reilly, Manuel Mendoza's retirement proclamation was unanimously approved as expressed in content by the Mayor on behalf of the City Council. Ordinance No. 550 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTERS 5.08 AND 5.12 OF THE ROHNERT PARK M.JNICIPAL CODE RELATING TO BUSINESS LICENSE TAX City Manager Netter explained the ordinance which was introduced at the previous Council meeting. Mayor Eck said public comments regarding this ordinance were taken at the previous Council meeting but he had received several inquiries on the phone since that time and, therefore, said further public comments could be heard at this time, if desired. No one responded. Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, reading of Ordinance No. 550 was waived and said ordinance was adopted. Resolution No.91 -238 RESOLUTION APPROVING UPDATED JOB DESCRIPTIONS FOR CERTAIN CITY POSITIONS City Manager Netter explained the resolution as outlined in the Council Meeting Memo and responded to various Council questions confirming that this resolution dealt only with updating job descriptions and did not involve any salary changes. Discussion followed regarding requirements of those on the fire fighting force and possible incentive to younger people whereas older employees may not continue to be interested in participating. City Manager Netter confirmed that currently the fire training is the same for everyone on a rotation basis with half the force participating every other Wednesday. Upon motion by Councilman. Hopkins, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 91 -238 was waived and said resolution was adopted. Rohnert Park City Council Minutes (4) November 26, 1991 Nbbile Home Rent Appeals Board matter: Vern Smith Mayor Eck said the presentation to Vern Smith scheduled at presentation this time would be made later tonight since W. Smith had not yet arrived. Scheduled Public Appearances: Betty Ferra 1) Betty Ferra, 433 Ava Avenue, Chairperson of the Cultural Arts Commission presented to Council an enlarged reproduction of a 1934 field area picture of Seed Farm Drive with description of same on small engraved plaque. She said this special presentation was on behalf of both the Rohnert Park Cultural Arts Commission and the Rohnert Park Cultural Arts Corporation. Mayor Eck expressed appreciation for the presentation on behalf of the City Council. Kenneth Mitchell 2) Kenneth Mitchell, Board of Directors Menber of Inter -Faith Shelter Network, referenced copies provided to Council of his letter with attachments and shared contents therein explaining the organization and its needs. Mr. Mitchell responded to various Council questions regarding regiment of the program at the Santa Rosa Armory, percentage of Rohnert Park /Cotati use of the program being approximately 10 %, and the organization's efforts toward more accurate analysis of the individuals involved in the use of the program. W. Mitchell said funds have been specifically provided by the Cities of Santa Rosa and Petaluma for salaries and that the organization is currently seeking funds for additional food, bedding, laundry costs, etc. Discussion followed during which Council confirmed the need to support this program and include consideration of funding an established percentage (up to 10% depending on area use) of the food and operational costs of the program in next year's budget review. A motion was made by Councilmember Spiro, seconded by Councilman Reilly, and unanimously approved, to support in concept the Inter -Faith Shelter Network functioning as a program of the Comnittee on the Shelterless (COTS) and to make an initial contribution in the amount of $1,000 until such time as the organization can meet with staff after the first of the year to review actual data to establish a percentage portion of the food and operational costs based on area use from the City of Rohnert Park to be considered during next year's budget review. Rohnert Park City Council Minutes (5) November 26, 1991 James M. Clark James M. Clark, 80 Walnut Circle, referenced copies provided to Council of his letter dated November 18, 1991 with attachments presenting a proposal for an ordinance to strengthen the tenancy law for mobile home owners. W. Clark reviewed sections of an ordinance passed by the City of Pacifica (copies provided to Council in above - referenced attachments) and said the City of Rohnert Park could almost encompass it verbatim. He read the section on page 14 of the ordinance that he said expressed the main issue regarding the reasonable costs of relocation shall include cost of disassembly, removal, transportation, and reinstallation of the mobilehome, etc. W. Clark said many more people would be homeless without the protection provided by this type of ordinance. He said he has been approached to start a petition for putting this kind of ordinance on the books. W. Clark said what prompted his participation in this matter was the recent memo from the City Manager regarding a relocation inquiry from a mobile home park owner. He said Council's consideration to this matter would stop the cost of a ballot measure for the next election and that he would like to see an ordinance invoked as soon as possible similar to the one reviewed tonight as adopted this year by the City of Pacifica. Discussion followed. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved to refer this mobile home ordinance proposal to the City Attorney and the Nbbile Home Rent Appeals Board for review and recommendations, and to schedule the item for Council's further review during a Council meeting in January 1992. Planning Commission M-ayor Eck responded to request from Councilmmber Spiro and matter: said the Planning Commissioner resignation and new appointment would be handled at this time as a courtesy to the nominee who was available to meet Council and respond to questions. Gregory Young Councilmember Spiro referenced copies provided to Council of resignation letter of resignation effective November 25, 1991 from Planning Commissioner Gregory Young informing Council that it is necessary for him to resign from the Planning Commission because of his imminent move out of the county. A motion was made by Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, to accept Gregory Young's letter of resignation from the Planning Commission. Vondina Farrell Councilmember Spiro reviewed contents of copies provided to Appointment Council of Fact Sheet application from Vondina Farrell, 690 Holly Avenue, specifying interest in Planning Commission appointment. Councilmember Spiro introduced Vondina Farrell to the Council. Ms. Farrell shared background information regarding her family, education with degree from Sonoma State Rohnert Park City Council Minutes (6) November 26, 1991 Lhiversity in business management, and that she is currently employed as a Revenue Officer for the Internal Revenue Service. She said it is her plan to raise her two children here as well as retire in this community and welcomes the opportunity to be on the Planning Commission. A motion was made by Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, to appoint Vondina Farrell to the Planning Commission to fill the vacancy left by the above - resignation of Gregory Young. Parks and Recreation 1) Naming of R Park - City Manager Netter referenced copies Commission matters: provided to Council of memo dated November 19, 1991 with attachments from Recreation Director Pekkain reviewing the three items listed on tonight's agenda as discussed at the last Parks and Recreation Commission meeting held on November 18th, 1991. The first attachment was a list of recommendations from residents for the naming of R Park from which the Commission recommended naming the park "Redwood Park" which had eight (8) submittals. "Rainbow Park" had ten (10) submittals. Discussion followed. A motion was made by Councilman Reilly, seconded by Councilman. Hopkins, and unanimously approved, to accept the majority opinion of the residents of R Section and name the park "Rainbow Park ". 2) Sport Team request for funds /revised application form - City Manager Netter said copies were provided to Council of the Parks and Recreation Commission Sport Team request for funds /revised application form and reviewed changes as outlined in the Council feting Memo. Discussion followed. Upon motion by Councilman Hopkins, seconded by Councilman Reilly, the revised application form for Sport Team request for funds as recommended by the Parks and Recreation Commission was unanimously approved. 3) Recreation Facilities Priorities - City Manager Netter said for council's information that the Parks and Recreation Commission has reviewed the Recreation Facilities Priorities and made changes based on the input received at its meeting of October 21st which included a public hearing. A final public hearing is scheduled for December 16th, 1991. The Commission will make its final recommendation to the Council following that public hearing which should be sometime in January of 1992. Rohnert Park City Council Minutes (7) November 26, 1991 Comprehensive Annual City Manager Netter referenced copies provided to Council of Financial Report Comprehensive Annual Financial Report 1990 -91, GANN for Year Ending Appropriation Limitation Report 1991 -91, and the June 30, 1991 Transportation Development Act (TDA) and shared comments as reviewed in the Council Meeting Memo. Mr. Netter referenced copies distributed to Council tonight of Deloitte & Touche management letter regarding these documents which was received today and shared contents therein regarding Internal Control Structure /Wire Transfer Controls; Accounting Records and Procedures /Fixed Assets; and other matters including Arbitrage Rebates, Self- Insurance, and Financial Reporting Entity. Mr. Netter introduced representatives Howard Hoover and Mike Johnson from the City's external auditing firm of Deloitte & Touche who formally presented the reports and, along with City Manager and Finance Director Harrow, responded to various Council questions regarding contents of the documents, standard procedures and purpose of the audits resulting in possible beneficial advice from the external auditors with recommendations that would impact the City. City Manager Netter said he would like to publicly commend Finance Director Harrow and his staff for doing a terrific job regarding all the efforts involved toward the annual report. Deloitte & Touch Representative Howard Hoover expressed appreciation to the Finance Department and the City Manager for cooperative efforts involved in this audit. Mayor Eck said the City also appreciates the efforts of Deloitte & Touche. A motion was made by Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, to accept the Comprehensive Annual Financial Report 1990 -91 as submitted. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to accept the GANN Appropriations Limitation Report for Fiscal Year 1990 -91 as submitted. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to accept the Transportation Development Act (TDA) Audit 1990 -91 as submitted. INbbile Home Rent Appeals Board matter: Vern Smith Mayor Eck presented an engraved pen set to Vern Smith as a presentation token of appreciation for his four years of dedicated service to the City as a member of the Mobile Home Rent Appeals Board. Mr. Smith expressed appreciation for the gift, introduced his wife, Val, complimenting her patience with his involvement on the Board especially since he had just retired prior to this appointment, and shared reflections of the INbbile Home Rent Rohnert Park City Council Minutes (8) November 26, 1991 Appeals Board throughout his two terms on the Board and cooperative efforts involved from both the mobile home owners and the Board members. W. Smith thanked Council for the opportunity to serve on the Rent Appeals Board. RECESS Mayor Eck declared a recess at approximately 7:25 p.m. RECONVENE Mayor Eck reconvened the Council meeting at approximately 7:32 p.m. with all Councilmembers present with the exception of Councilman Hollingsworth. First Quarter Financial Review City Manager Netter referenced copies provided to Council of memorandum dated November 6, 1991 from Finance Director Harrow Period Ending regarding the City's 1st Quarter Financial Review for period Sept.30, 1991 ending September 30, 1991 and shared comments as outlined in the Council Meeting Memo showing the status of the City's financial condition and how the actual revenues and expenditures compare to the proposed budgets. He pointed out that sales taxes are down about 11% and said if it weren't for the new stores recently established in the community, the City would not have met its budget, but because of the new stores, Rohnert Park is actually doing a little better than other surrounding communities. W. Netter said expenditures are close to proposed budget and that staff is keeping a tight line on expenditures. Finance Director Harrow reviewed revenues and said the recent approval of increases such as Real Property Tax, Business Licenses and Animal Licenses were not included in the first quarter report because the increases were approved after the close of the first quarter. He did not think revenues from the new stores would be able to offset the difference in sales tax revenues projected in the proposed budget since rather than increasing 10 %, sales tax revenues have decreased 11% but the new revenues from the new stores have not yet been reported. Discussion followed during which City Imager Netter confirmed that mandating a 10% cut in the budget would be done, if necessary, that the second quarter report at the end of December would give a better over --all picture of the actual budget conditions, and that staff could provide Council with a monthly financial report. Finance Director Harrow responded to Council inquiry that an additional column could be added to the quarterly report showing the percentage comparison over or under the proposed budget. Council expressed compliments to staff for doing a good job on the quarterly financial report. Rohnert Park City Council Minutes (9) November 26, 1991 Council Committee Reports: Open Space /Sphere 1) Mayor Eck referenced copies provided to Council of memo of Influence dated November 21, 1991 from Council Committee Members Eck and Hollingsworth and shared contents therein regarding Open Space /City's Sphere of Influence. Mayor Eck confirmed it was the consensus of the Council Committee that the matter of protection of open space should be one of the Council's highest priorities and that the Council Committee agrees to meet in December or January to work with staff on a program, guidelines, and set of procedures to be recommended to the City Council to address the issues of open space in and around the City of Rohnert Park spheres of influence and possible future annexation, including those areas east of the city in accordance with the guidelines as outlined in the General Plan. In addition, the Council Committee recommended the immediate work on protecting the conrunity separator north of the existing city limits as has been discussed many times previously. Mayor Eck and City Manager Netter responded to various inquiries from Council regarding specifics discussed at the recent Council Committee meeting such as not being premature to strongly enforce all community separators as referenced in map on display with efforts to maintain open space and comninity separators at the same time. Discussion followed on the open space area south of the City and in the vicinity of the City of Cotati. City Manager Netter said copies were provided to Council of letter dated November 15, 1991 from David Hansen, General Manager of Sonoma County Agricultural Preservation and Open Space District defining the Final Acquisition Plan and outlining the schedule for the public workshops regarding this matter. Mayor Eck said he thought it was important for members of this Council attend the workshops. Councilman Hopkins said he did not like the fact that the Board of Supervisors has the final say and thought the City would live to regret it down the line, to which Mayor Eck responded that we did oppose that part of it but we lost and said that we did what we could at the time. Performing Arts 2.a) Council Committee Member Spiro referenced copies Center Financial provided to Council of Financial Review & Box Office reports Review through through October 1991 (as reviewed in the Council Meeting Memo) October 1991 pointing out the inQrovement over last year's figures and that the total deficit is now reduced by approximately 50 %. Council Committee Member Eck said the Council Committee has been completely thorough in describing all expenditures to put the whole picture in perspective and recommended that all other City Departments and areas should be scrutinized in the same way. He said if profits are to be made, they will be true and actual. Rohnert Park City Council Minutes (10) November 26, 1991 City Manager Netter distributed copies to Council of the Financial Report year to date comparisons and breakouts for the four months ending on October 31, 1991 as requested by the Council Committee. Discussion followed during which Council Committee responded to Council questions and confirmed that even though very good inroads have been made during these first two years of Performing Arts Center operations, it will take a few years to operate close to in the black. Though that is what the Committee would like to see, with the qua 1 i ty of programming provided by the Performing Arts Center and intentions being to meet the interests of the comninity, it may never run in the black. Director of Performing Arts Center Director Grice confirmed that the consultants had originally said it would take three years for the Center to operate in the black, but he had estimated it would take from three to five years before this could be expected. 1992 -93 Proposed 2.b) Director of Performing Arts Center Grice referenced Performing Arts copies provided to Council of staff memo dated October 1, 1991 Center Programming regarding 1992 -93 PAC Programming and shared contents therein which were briefly reviewed in the Council Nbeting Mew. Mayor Eck reviewed discussion at the Council Committee meeting and said the Committee explored ways to make the Center a little more active before and after performances. He said tickets can now be purchased for seats which will provide a further way of developing endowments. Council Committee Member Spiro corrplimented the recent dinner with the American Golf Association held at the Performing Arts Center and said the Center could probably be subleased to others for light dinners to which City Manager Netter responded that staff is looking in that direction. Discussion continued on the proposed 92 -93 season during which the City Council agreed with the recommendation of the Council Committee for staff to pursue a symphony program that would include a "pops" program and a holiday sing along. Also to be considered is a four set, 3 performances versus a five set, two performances. The four set, 3 performances would include Friday and Saturday night performances with the third performance being a Sunday matinee. Regionalism/ABAG Councilman Hopkins reported on the Association of Bay Area Bay Vision 2020 Government (ABAG) General Assembly meeting he attended on Platform Paper November 21st, 1991 regarding the Bay Vision 2020 Platform Paper on regionalism. There were some breakout sessions to review regionalism but not mach was accomplished and there was no vote on the platform paper. Councilman Hopkins said there Rohnert Park City Council Minutes (11) November 26, 1991 will be another meeting in late February or March and he is making efforts toward having it here, though, as he mentioned earlier in tonight's meeting, the Director's preference is to have it in San Francisco or Oakland. Councilman Hopkins also added, referencing transit, that Bill Kortum has a program suggestion of a two county transit district between Sonoma County and Marin County with the idea of a Regional Transit Plan and of taking this matter to the people on the ballot in 1992. Rohnert Park should consider paying its fair share based on population. Councilman Hopkins said he would like the Rohnert Park City Council to concur, if serious about a transit study, that it would agree to pay its fair share. Mr. Hopkins said he would like to be the first to go on record saying we want transit and saying that if the voters say they want it, the City should put in its fair share of the cost even if it means the $1 million amount to get the plan going. Mr. Hopkins said, if Council feels uncomfortable with the potential dollar amounts, the issue could be dealt with in concept approving the initial effort. Mayor Eck suggested reviewing this matter more fully in January. Council agreed. Choices Restaurant City Manager Netter referenced copies provided to Council of billboard request letter dated November 14, 1991 from Tom Kavishi, General Partner of Choices Restaurant requesting the City to relinquish its rights to the billboard at the north end of the City which the City leases from National Advertising Company and shared comnents as reviewed in the Council Meeting Memo. Discussion followed during which Councilman Hopkins recommended release of the sign with the condition that Choices Restaurant develop a design that would benefit the City to which City Manager responded that the City is simply leasing the billboard from the National Advertising Company and, if released, would not retain options as the new lessee would then be paying for its rights of use. Councilmember Spiro said availability of the sign should be made known to other businesses in the neighborhood that might also be interested in using it to promote their businesses to which City Manager Netter responded that Council had previously requested staff to check into getting a release from this particular billboard and did not think the City would want to be in a position of soliciting outside uses. He confirmed to Mayor Eck's inquiry that he could check into sub - leasing possibilities. Mr. Netter pointed out that Choices Restaurant took the initiative to inquire about use of the billboard and said anyone in private enterprise had the same option and /or opportunity, if interested. Rohnert Park City Council Minutes (12) November 26, 1991 A motion was made by Councilman Reilly, seconded by Councilman Hopkins, that the City relinquish rights to the referenced billboard and encourage Choices Restaurant to develop a design that would benefit the City as well as promote its business, and was approved by the following vote: AYES: (3) Councilmen Hopkins, Reilly and Mayor Eck NOES: (1) Councilmember Spiro ABSENT: (1) Councilman Hollingsworth Commission /Committee City Manager Netter said copies were provided to Council of Board Appointments staff report dated November 18, 1991 regarding Commission /Committee /Board appointments due to expire as of December 31, 1991. Discussion followed during which Council concurred to handle all re- appointments by a single vote and individually specify any exceptions. Mayor Eck said due to the absence of Councilman Hollingsworth at tonight's meeting it would be necessary to defer his appointments to the next Council meeting which include Parks and Recreation Commission (currently James Stevens) and Planning Commission (currently John Hamilton). Councilman Reilly requested advertisement of his Parks and Recreation appointment (currently David O'Brien). Mayor Eck said he had not realized that the vacancy existed on the Cultural Arts Commission which was his appointment, but recommended deferring this matter until after the desired re- organization of the Commission and Corporation is accomplished which has been discussed with him by the members. Council concurred the need to further advertise all three Nbbile Home Rent Appeals Board openings as the impending vacancies must be filled by new members in accordance with C)"Ji nanre No. 494 :.herein no member shall serve more than two 2 -year terms. Upon motion by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, re- appointments were confirmed and made for additional two year terms as follows: 1) Parks and Recreation Commission: Mayor Eck's re- appointment of James Plaisted 2) Planning Commission: Councilman Hopkin's re- appointment of Michael Mullins 3) Senior Citizens Advisory Commission: Mayor Eck's re- appointment of Ann Kennedy Councilmember Spiro's re- appointment of Herb Lyons Re- appointments for two year terms to the Sister City(s) Relations Committee were made by Council consensus as follows: Gordon Adam, Carol Grubler and Dave Santori. Rohnert Park City Council Minutes (13) November 26, 1991 Solid Waste matter: City Manager Netter referenced copies provided to Council of staff report with attachments and shared comments as reviewed in the Council Meeting Memo regarding County of Sonoma's Proposal to form a Joint Powers Authority (JPA) for wood waste, yard waste, household hazardous waste and public education. This item was deferred from the previous Council meeting because of a scheduled workshop on November 22nd for City Managers to further review this matter. Mr. Netter said the City Managers did meet last Friday and shared contents of distributed copies to Council of a hand out that was developed from conclusions of a prior City Managers' meeting regarding the issues that were important to those cities after review of the referenced draft JPA (Copy attached to original set of these minutes). Ed Walker, Sonoma County Public Works Director, is going to be pushing to establish cost centers throughout the County and is going to pursue this idea in the next budget reviews with the County. This approach changes or even eliminates a lot of the concerns the City Managers had regarding the JPA as it would eliminate the more populated areas subsidizing the rural areas and the rates would be based on tipping fees charged by area. Mr. Netter said it would be good to see some kind of mechanism for cost centers throughout the County as recommended by Ed Walker. Discussion followed during which City Manager Netter responded to various Council questions and reviewed additional concerns expressed by the City Managers regarding the JPA such as costs. Mr. Netter said many of the City Managers think it is the right thing to do but there is still the concern of costs that will be reviewed in greater depth. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, to approve in concept the Joint Powers Authority with Rohnert Park as a member and to proceed with the completion of a final draft with all the recommended changes for Council's consideration. Staff indicated a letter would be forwarded to Sonoma County Public Works Department indicating Rohnert Park's interest in being a member of the JPA and approving the JPA in concept subject to recommended changes. Regional Hazardous City Manager Netter referenced copies provided to Council of Waste Capacity letter dated October 22, 1991 from Jeff D. Lewin, Supervising Allocation Plan Environmental Health Specialist from the County of Sonoma Public Health Department regarding the Regional Hazardous Waste Capacity Allocation Plan and shared comments as reviewed in the Council Meeting Memo. W. Netter confirmed that staff recommends a letter be submitted to the Board of Supervisors supporting the interjurisdictional agreement. A motion was made by Councilman Reilly, seconded by Councilman. Hopkins, and unanimously approved, to send a letter in support of the Regional Hazardous Waste Capacity Allocation Plan as recommended by staff. Rohnert Park City Council Minutes (14) November 26, 1991 Transportation matter:City Manager Netter said copies were provided to Council of letter dated October 30, 1991 from David Knight, Chairman of the Transit Technical Advisory Committee and shared comments on the three issues listed as reviewed in the Council Nbeting 1)TDA Amended Claim Memo. The first item requests an amendment to Rohnert Park's TDA Claim authorizing that $4,482 originally allocated to Rohnert Park for streets and roads purposes be reallocated to the County of Sonoma for inter -city paratransit services currently provided by Volunteer Wheels. He said staff recommends this reallocation which represents 23.7% of the share which was negotiated as a compromise solution and is a mach lower amount than originally requested by MCC. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to support staff's recommendation to authorize amendment to TDA claim to reallocate $4,482 as requested. 2) ADA Plan & 5 -Year City Manager Netter said the second item of the above- Transit Plan Update referenced letter requests the City to contribute to and endorse the coordinated Countywide Americans With Disability Act (ADA) Plan and Countywide Five Year Transit Plan Update which are now under way. Mr. Netter shared comments of this portion of the letter as reviewed in the Council Nbeting Memo and said this is another mandate that is going to be a cost to the cities and the county but it mast be implemented in order to save money and provide the needed inter and intra -city fixed route transit and paratransit services. He recommnded that Council go on record endorsing this plan. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to endorse the ADA Plan as recommended by staff. 3) State Transit City Manager Netter said the third item of the above - Assistance (STA) referenced letter as reviewed in the Council Nbeting Memo is funds to assist regarding the need to comnit all the State Transit Assistance ADA requirements Funds (STA) populated base monies to assist with satisfying the ADA requirements which is in addition to the TDA funds. W. Netter said approval of this is also recommended by staff. A motion was made by Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, to apply STA funds to assist with ADA requirements as recommended by staff. Lease of City Land City Manager Netter referenced site map on display and said to Petaluma Valley copies were provided to Council of his memo dated November 22, Hospital/WI unit 1991 regarding Lease of City Land to Petaluma Valley Hospital for NRI Unit. W. Netter shared contents therein outlining changes from the original siting request which was approved in concept at the Council meeting of May 14, 1991. He said staff recommends concept approval of the site plan changes as requested with lease to be drafted outlining the terms and conditions for rental of said site. Mr. wetter shared some of Rohnert Park City Council Minutes (15) November 26, 1991 the basic terms of the proposed lease as outlined in the above- referenced staff mean. In summary, he said staff is soliciting Council's approval to proceed with drafting a lease, setting a rental fee and finalizing the program. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, to approve in concept the site plan proposal of Petaluma Valley Hospital for the NRI unit subject to approval of City land lease agreement, and approved by the following vote: AYES: (3) Councilmembers Hopkins, Spiro and Mayor Eck NOES: (0) None ABSTAIN: (1) Councilman Reilly ABSENT: (1) Councilman Hollingsworth Councilman Reilly said it was necessary to abstain from this vote because of his previously expressed personal conflict with the hospital. Debra Land Investment -City NHnager Netter referenced map on display and said copies Corporation request were provided to Council of letter dated November 20, 1991 for annexation from Phillip A. Trowbridge, Vice President of Debra Investment Corporation regarding an official request to annex 80 acres adjacent to Petaluma Hill Road in the general vicinity of the Hewlett Packard site. Mr. Netter shared comments as reviewed in the Council Meeting N3amo and pointed out that the attach- ment to the letter provided preliminary information regarding questions and answers related to the proposed project including explanation that for the 80 acres annexed on the east side, an additional 72 acres would be dedicated to the City as specified. He said the proposed plans do seem to tie into open space considerations. If Council decides to consider the proposal, it would be tied into the General Plan update process which would include complete review of all elements in the General Plan. Certain rules as outlined in the General Plan would have to be followed. Mr. Netter said the applicant was present at tonight's meeting to respond to possible questions of Council and commnted that other raised hands signified interest to comwnt on this matter. Discussion followed during which Council complimented the various innovations of the proposal as outlined in the attachment to the applicants letter such as retrofitting older homes with water conservation measures to allow for adding some new homes to existing sewer lines, and affordability of a certain percentage of the homes to be built on a smaller scale with Council recommendation that the 15% proposed for the number of these homes be increased to a more significant percentage. Comparisons were made of housing prices in other locations throughout the state verifying the extreme need for affordable housing. Council exchanged comments regarding the logic of doing a fast track General Plan update compared to proceeding in a timely fashion with consideration to begin Rohnert Park City Council Minutes (16) November 26, 1991 planning for the process which would keep the costs of a General Plan update to a minimum at least until budget review time next July. Concern was expressed regarding frustration of developing plans for needed high density and affordable housing and dealing with the road blocks preventing same with suggestion to proceed with efficiency of a General Plan amendment with a good proposal that stands on its own merit. Response following amendment suggestion for a particular project was there could be repercussions from other submittals turned away during the past year for the reason of needing the General Plan updated. Response to this was that all applicants concerned could be notified with same option for review upon merit. Comments were further made regarding the General Plan's general principle of not considering land outside borders without a complete General Plan update including review of all the elements as well as the fact that the cost of updating the General Plan was not included in this year's budget. The inflationary risks involved of hindering such a needed innovative proposal were compared to the cost of dealing with an unbudgeted item like updating the General Plan which would basically be an upfront cost but eventually covered by the development. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, to start the process moving by referring this proposal to the Planning Commission for review and recommendation which would include City Attorney opinion and staff recommendations for direction regarding a full scale General Plan update or a General Plan amendment. Further discussion followed during which City Imager Netter said that, unless Council decides to reject this proposal, the rules are set and it will be necessary to go through the process outlined in the General Plan. Mayor Eck said he would be willing to move the target date up a year or two on the General Plan process, that his only concern was regarding the budget and the approximately $100,000 it will cost to do an update, and that the focus should not be on any particular project. He said tonight's proposal should be included in a General Plan update review along with any other submittals. He referred to previous comments he made earlier in tonight's meeting regarding Council Committee, comprised of himself and Councilman Hollingsworth, desire to report to full Council in January with Committee recommendations on timing, format and how to proceed. Mayor Eck said Councilman Hollingsworth also has specific input he would like to contribute to this matter. Councilman Hopkins withdrew his motion. I-layor Eck said a public hearing had not been scheduled for this matter, but public comments could be heard at this time. Rohnert Park City Council Minutes (17) November 26, 1991 Jake MacKenzie Jake MacKenzie, 1536 Gladstone Way, said there is a mechanism in the Mitigation Nbnitoring Plan under the Housing Element that by 1995, as part of an update review, with the development of up to 1300 housing units, the City should then examine public facilities and service capacity. W. MacKenzie said if Council follows what it has in the Housing Element, it would provide the opportunity to look at the process and not rush it according to one project. There is a very clear commitment in the document and before the City does any annex- ation of lands, it is to do a thorough General Plan review. There were no further public comments at this time. Discussion followed regarding further comparisons of General Plan amendments to full scale updates with confirmation of the need to set the process in motion. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to begin the process to update the General Plan and consider tonight's proposal along with open space, spheres of influence and other City policy issues as referenced earlier in the Report by Council Committee Eck and Hollingsworth by following the procedures as outlined in the General Plan and start the entire process moving by directing the Council Committee and staff to meet and establish a recommended process for review by the full Council following the opinion from City Attorney Flitner on the process and options available. Phillip Trowbridge, Vice President of Debra Investment Corporation expressed appreciation to Council for tonight's discussion regarding this matter. He said it was the intent of Debra Investment Corporation to just see if something could get started regarding its proposal and that timing is a factor but immediate action was not expected. Rohnert Park has done well in dealing with affordable housing. Debra Investments has a similar project in Windsor that is working and is an available tool for consideration. The capacity issue is a real one and this program is conducive with the water capacity effort as well as the affordable housing issue making it the innovative project that it is and the reason for bringing it forward for consideration. Mr. Trowbridge responded to various Council questions and said the company is not attempting to get rich on the project but there is an inflationary risk involved with timing. There may be some profits but work is also being provided and the sooner the process can work and be satisfied, the sooner the other factors can be balanced. He confirmed that Debra Investments did anticipate the process in the proposal. Rohnert Park City Council Minutes (18) November 26, 1991 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. Councilmember Spiro brought attention to several communications as follows: 1) Letter from Senator Mike Thompson dated October 26, 1991 responding to City Attorney Flitner's previous letter bringing his attention to the ambiguous wording of Government Code Section 53150. Councilmember Spiro queried how does that affect the process and decisions the City has previously followed. 2) San Francisco Chronicle article dated November 6, 1991 entitled "Big Doings at the Smallest TV Station" - A letter should be written to the Chronicle advising that KRCB -TV, Channel 22 is located in Rohnert Park, not Cotati as stated in the article. 3) Letter regarding Cable TV budget for the Wine Visitors Center - Councilmember Spiro said she was glad to see more advertisement put in for the Wine Visitor Center. 4) Councilmember Spiro referenced item #15 on the Communications List and said a letter of response should be written to the citizen regarding the site for a transit station. 5) Letter from Consumer Federation of America /National Association of Broadcasters (CFA /NAB) dated November 8, 1991 regarding 5.12, the Cable Television Consumer Protection Act of 1991 - Councilmia ber Spiro recommended supporting the cable re- regulation legislation which was recently brought up at the Mayors and Councilmembers Association meeting. 6) Letter from Department of Alcoholic Beverage Control dated November 7, 1991 requesting support of proposed policy developed as a result of meetings with the Responsible Hospitality Project directed toward controlling alcoholic beverage sales and service at city /county facilities - A motion was made by Councilmember Spiro, seconded by Councilman. Hopkins, and unanimously approved, to prepare a resolution for the next Council agenda supporting the above- referenced alcohol control policy. 7) Letter requesting support of desalinization program - Councilmember Spiro suggested support of this program to which Mayor Eck responded he was not sure he could support it because they are basically asking for a statewide program and he would want to know more about it and if Rohnert Park City Council Minutes (19) November 26, 1991 they are asking Council for support as members of the public. He said desalinization is a last resort effort and very expensive and he would be much more interested in having a conservation program. Mayor Eck said he would check further into the matter rather than use staff time. 8) Councilmember Spiro referenced a recent newspaper article and suggested that the City send a thank you letter to the police officers who reacted so kindly in purchasing baby formula for a needy local citizen. 9) United Way Fund Raising Canpaign - Councilmember Spiro referenced the interoffice memorandum regarding the tkLited Way Fund Raising Campaign and said she did not think tax payers dollars should be used to encourage giving to particular charities. City NIanager Netter responded that the United Way involves many charities, that the campaign is almost traditional in larger companies, and that employees participation is strictly on a voluntary basis. Councilmember Spiro said there are a lot of good charities not included in United Way, the administrative costs are high, staff time should not be spent soliciting for any one agency, and that she would rather see encouragement toward savings bonds. Councilman Reilly said he was Chairperson for United Way and a person can request their contribution be given directly to any charity not on United Way's list. Discussion followed. A motion was made by Councilmember Spiro that the City should not participate with staff help or in any other manner to participate in the fund raising of any organization, specifically the United Way. Notion died for lack of a second. Mayor Eck said Councilmember Spiro called attention to the three items he planned to review, and therefore, further discussion regarding these matters was not necessary. City Manager's Report:1) Colorado Rockies/Major League Baseball /seeking Class A Minor League location - City Manager Netter referenced comments reviewed in Council Meeting Memo which was provided for Council's information. 2) Parcel adjacent to Burbank Housing Project on East Coati Avenue - City Manager Netter said this item was also reviewed in the Council Nbeting Memo for informational purposes to Council. 3) Fall Cleanup report - City Manager Netter referenced copies provided to Council of billing invoice from Empire Waste Management and reported details of the Fall Cleanup as outlined in the Council Meeting Memo which cut the Rohnert Park City Council Minutes (20) November 26, 1991 City's costs approximately in half compared to the previous year because of the central site location. He said staff recommends continuing these cleanups at a central site such as the Rohnert Park Stadium because of the savings to the City. Mayor Eck complimented efforts of the Fall Cleanup and said it was an outstanding program. 4) Space for Friends of the Library - City Manager Netter reviewed comments in the Council Meeting NSemro regarding space for Friends of the Library. Cotati - Rohnert Park Unified School District has confirmed to allow Friends of the Library use of one portable building at the Rancho Cotate High School by early December. Staff is requesting ratification of its authorization of an expenditure of $427 in order to install a meter to provide heat to the building to properly protect the books. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to ratify the $427 expenditure to install a meter at the above - referenced portable building at Rancho Cotate High School for use by Friends of the Library. 5) Back Yard Composting Program - City Manager Netter referenced copies provided to Council of staff memo regarding the Backyard Composting Program and shared contents therein as reviewed in the Council Meeting Nbmo. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, to continue with the joint backyard composting program with the City of Santa Rosa of which Rohnert Park's 25% share of cost totals $10,000 maximiun as recommended by staff. 6) City Manager Netter reviewed details of SB2557 County .Agreement to Due Back Credits for 1990 -91 regarding 50% credit nn shared 1-0- 1 g fees CLa 50% credit on property administrative fees. He said the agreement has cleared through the County Counsel wherein the County Counsel formulated a hold harmless clause in order to proceed without potential repercussions. A motion was made by Councilman Hopkins, seconded by Councilmemiber Spiro, and unanimously approved, approving in concept the SB2557 County Agreement for Due Back Credits for 1990 -91 as recommended by staff. (The formal agreement will be provided to Council for approval at a later date.) Matters from Council: 1) Mayor Eck said recent conversation with Dr. King established that the School District would like to have the annual joint meeting with Council on Tuesday, January 21, 1992. Council concurred. Rohnert Park City Council Minutes (21) November 26, 1991 2) City Manager Netter referenced copies provided to Council of letter dated November 20, 1991 from MultiVision requesting a December date for Cable TV Emergency Override System presentation. Council concurred to Friday, December 13th, 1991 at 11:00 a.m. 3) City Manager Netter referenced copies provided to Council of letter dated November 22, 1991 from City of Cotati suggesting to reschedule the Joint City Council Meeting to Wednesday evening, January 15, 1992. Council concurred. 4) City Manager Netter said the City employees' appreciation affair will be held at the Red Lion Inn on Friday, January 17, 1991. 5) City Manager Netter said the Commissioners' appreciation affair will be held at Mountain Shadows Resort on Friday, January 31, 1992. Suggested was made by Councilman Hopkins that it might be a nice gesture to invite past Councilmembers to the Commissioners' appreciation affair. 6) Mayor Eck said he had two miscellaneous golf course items. The Golf Course Committee will be meeting soon and Mayor Eck said he has received a number of complaints from the men's club regarding concerns on Mountain Shadows operations as it pertains to the men's club. City Manager Netter said he would work out details. Mayor Eck asked about the status of landscaping plan around the new eatery shack. He said residents have commented that they don't want trees as they are worried about blocking the view. City Manager Netter said he would check on the plans and contact the residents and golf course management. 7) Mayor Eck referred to the work in process in regard to widening Snyder Lane and asked if the new bike path would planned there at this time. City Manager Netter said the bike path was not designed in these plans but he would talk to the City Engineer about it. 8) Councilmember Spiro said the next Housing Task Force meeting has been canceled and asked when was the sunset date for this task force. Assistant to the City Manager Leivo responded the sunset date would be in the spring one year from formation date. 9) Councilman Reilly said some of the scrapings are fairly deep on the Snyder Lane widening project and asked if the asphalt would be done soon. City Manager Netter said it depends on the weather now with the late start of the project, but might be completed after the first of the year. He confirmed he would check with the City Engineer regarding the safety conditions of the project and require proper attention to the major dips. Rohnert Park City Council Minutes (22) November 26, 1991 Unscheduled Public Mayor Eck asked if anyone in the audience wished to make an Appearances appearance at this time. George Horwedel George Horwedel, 7669 Camino Colegio, asked what time the televised Council meetings would be aired and wondered if it would be permissible to advertise in their publication. Assistant to the City Manager Leivo responded that tonight's initial televising would probably not be aired because of the need to work out sound problems. Council confirmed that the televised meetings are public information and that notices regarding airing times would be proper. Adjournment Mayor Eck adjourned the meeting at approximately 10:05 p.m. to 6:00 p.m, on December 3rd, 1991 to change Council officers. r. - f Mayor JPA ISSUES Extended term 25 years All signatories (sec. 4) Landfill gases /compost Heat - Permit Problem Start- up.aosts - fund loan Research sealed container requirement (Sec. 8) Minimum deliveries of wood waste /yard waste RFP in JPA Periodic O & M payments Rate Ordinance Start-up cash Separate cost centers Each city pick and choose Late buy -ins and withdrawals (leave capital) Cities vote on only issues that they participate in Education level of service defined by JPA Reimburse County for costs (Sec. 19) Add marketing co- operation Exclude business hazardous waste