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1990/04/24 City Council Minutes�_ kf �_, ►.ate. Approval of Minutes Approval of Bills Nmr- agendaed Items Rohnert Park City Council Minutes April 24, 1990 The Council of the City of Rohnert Park net this date in regular session comrencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. Mayor Hollingsworth called the regular session to order at approximately 8:08 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation and personnel matters. Present: (4) Councilmembers Eck, Hopkins, Spiro and Mayor Hollingsworth Absent (1) Councilmember Cochran Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, City Engineer Brust, Director of Administrative Services /Assistant to the City Manager Netter, and Assistant to the City Manager Leivo. Upon motion by Councilman Hopkins, seconded by Councilman Eck, the minutes of April 10, 1990 were unanimously approved as corrected for clarificatio4 to change the second sentence of the Mayor's opening statement to say Judge Weinstein ruled against the City in the first phase of the lawsuit and that the City had breached the "Green Book ". Upon nation by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the bills presented per the attached list in the amount of $1,180,587.48 were approved. CDA bills presented per the attached list in the amount of $60,911.78 were approved. Mayor Hollingsworth queried if any Council member had any non- agendaed. items to add to the agenda. Minmt of Silence A moment of silence was observed in memory of Mrs. Nell Codding, who passed away on April 13th, and Mr. Jim Davis (former Planning Commissioner), who passed away on April 23rd. Mayor Hollingsworth recommended the adoption of resolutions in respect of both and in recognition as valued servants of the conamity. Rohnert Park City Council Minutes (2) Resolution No. 90 -90 RESOLUTION OF RESPECT FOR NELL CODDING Resolution No. 90 -91 Upon motion by Mayor Hollingsworth, Member Spiro, and unanimously approved, 90 and 90 -91 were adopted. April 24, 1990 seconded by Council Resolutions Nos. 90- Lihscheduled Public Appearances Mayor Hollingsworth stated that in compliance with State Law (The Brown Act), anyone in the audience who wished to make a comment may do so at this time. Armando Flores, 4949 Snyder Lane, congratulated the City on the development of the new Performing Arts Facility. This Performing Arts Center, as well as such facilities as the Recreation and Sports Centers are the results of long term planning by the City. Councilmembers are elected by thousands of individuals and terms can be shortened or lengthened by the electorate. He supports the current system regarding City Council terms. Jim Harberson of Sonoma County Board of Supervisors -2nd District, 505 Yellowstone Court, Petaluma, referenced tonight's agenda item regarding proposed law AB 3630 establishing Open Space District in Sonoma County and authorizing certain tax revenue sources. Mr. Harberson sumTmrized the Bill and explained the Board of Supervisors would be the legislative body of the newly formed district. He indicated that the Board would have the ability, if funding is obtained, to purchase land, accept donations, or taxes could be imposed. He -said that any tax revenue sources would have to be approved by a 2/3 vote of the people. Mr. Harberson offered to answer questions at this time since he would not be able to be here later tonight when the Open Space matter is discussed. Discussion followed regarding the Board of Supervisors being the legislative body without City representation and the City's objection to the target of possible TOT taxes of Which most citizens would vote for because it doesn't affect them. Those Cities with higher TOT taxes would have to reduce rates to be competitive. Discussion continued on possibly having the membership come from Mayors' and Councilmen's Association. Sil Cinerea, 965 Hawthorne Circle, said he was against limiting Council terms and encouraged Council not to vote in that direction as it could create problems in the running and planning of the City. One can see over the years that this has been an excellent city, well planned and well run. Rohnert Park City Council Minutes (3) April 24, 1990 Harvey Bell, 700 Lindsay Avenue, said the Redwood Drive widening item on tonight's agenda should be tabled and recommended support of tonight's proposal to limit Council terms. This would enable a wider variety of backgrounds and experience on the Council and would encourage residents by giving more opportunity to actively participate. The only thing negative that has been heard about the limited terms is ABAG's requirement of seniority to be Chairman. If all the cities in the area opted for limited terms then eventually seniority would no longer be necessary and qualifications would be based on contacts and allegiance. W. Bell complimented Council on the development of the Performing Arts Center and the success of opening festivities over the past weekend. He pointed out that Millie Hamill was in tonight's audience and stood almost alone as being the person that made the theatre happen and expressed appreciation to her along with others who stood with her in this effort. Mr. Bell supported the Open Space item on tonight's agenda. Protecting space between the cities was overwhelming result on survey. -There are questions on how to finance this effort that need to be worked out but what is inportant is to get the ball- rolling to protect the open space and greenbelts. W. Bell expressed disappointment in Council's decision at the last meeting to wait until after the General Plan was completed to hear his concerns regarding Urban Boundaries and the Sphere of Influence. Mayor Hollingsworth responded that citizens are free to schedule public appearances at any meeting and as a courtesy to- scheduled items on the agenda, this is recommended rather than -the lengthy unscheduled public appearances that have become common at the last few Council meetings. Mr. Bell distributed copies to Council of Annexation Survey Proposal by The Concerned Citizens for Rohnert Park dated April 24, 1990 and shared the contents therein." He requested this item be put on the next Council agenda as a scheduled public appearance:;(CcPy atbd-d to orig.set of these nmrLtes) Holly Blue, 1312 Gold Way, referred to the Consent Calendar item Resolution No. 90 -82 calling for sealed proposals for the Animal Shelter. She said it is a good idea to go to private contracts. The timing, however, is a concern as far as receiving acceptable bids since other options are not specified and most are very much against trucking their animals to the air port. She asked if other arrangements could be made in the interim so that the City would have the time to make the right decision. Rohnert Park City Council Minutes (4) April 24, 1990 George Horwedel, 7669 Camino Colegio, requested to speak regarding his proposal to limit Council terms as scheduled later on tonight's agenda. Mayor Hollingsworth confirmed that any time an individual instigated a scheduled agenda item, the option for them to speak on the matter would be expected, if desired. Linda Branscomb, 21 Anne, said she believed the issue of televised Council meetings had been mentioned in previous meetings. It is important for as many citizens as possible to be informed and televised Council meetings should be considered whenever it is possible. Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar. Mayor Hollingsworth said Resolution No. 90 -82 regarding the Animal Shelter should be removed from the Consent Calendar for further discussion due to concerns previously expressed during tonight's_Lhscheduled Public Appearances. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 90 -73 A RESOLUTION EXPRESSING BEST WISHES TO LES CLARK ON THE OCCASION OF HIS RETIREMJT. Resolution No. 90 -74 A RESOLUTION EXPRESSING BEST' WISHES TO HENRY AND TWYLA BACHSE V ON THE wf—ASi`CN OF THEIR RETIMVErV 1 Resolution No. 90 -75 A RESOLUTION OF APPRECIATION TO BURCH BACHTOLD ON THE OCCASION OF HIS RETIRENENT Resolution No. 90 -76 A RESOLUTION OF APPRECIATION TO ROY G. WKALSON ON THE OCCASION OF HIS RETIREMENT Resolution No. 90 -77 A RESOLUTION OF THE CITY OOLUCIL OF THE CITY OF ROHNERT PARK REJEC'T'ING THE.CLAIM OF LINDA N. SHINE (ON BEHALF OF MINOR SON JASON SHINE) Resolution No. 90 -78 A RESOLUTION RATIFYING EXTEENSION OF BID DATE FOR PHASE I IMPROVEMENTS - CODDING CENTER - SENIOR CITIZENS CENTER PROJECT NO. 1988 -23 Rohnert Park City Council Minutes (5) April 24, 1990 Resolution No. 90 -79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXTENDING THE BID OPENING FOR THE INSPECTION, NAINTENANCE AND REPAIR OF HEATING AND AIR CONDITIONING EQUIPMENT IN ALL CITY FACILITIES Resolution No. 90 -80 Resolution No. 90 -81 Resolution No. 90 -83 Resolution No. 90 -84 Resolution No. 90 -85 Resolution NO. 90 -86 Resolution No. 90 -87 Resolution No. 90 -88 Resolution No. 90 -89 RESOLUTION CALLING FOR SEALED PROPOSALS FOR A 1 1/2 TON DCNp TRUCK AND A 1 TON CAB & CHASSIS WITH UTILITY BODY FOR THE DEPARTNF.'NT OF PUBLIC WORKS RESOLUTION CALLING FOR SEALED PROPOSALS CORPORATION YARD FUEL TANKS PROJECT NO. 1987 -18 A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE INSTALLATION OF STOP SIGNS (At the Seed Farm Drive and Southwest Blvd. intersection) RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG- HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR "A" POOL NDDIFICATIONS A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION TRAFFIC SIGNAL PROGRAM 1989 PROJECT NO. 1988 -21 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION OVERLAYS AND RECONSTRUCTION PROJECT NO. 1989 -10 •10:21- • .•.b ••• i� - • • • �. A RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING CERTAIN PAY RATE AND RANGE VOLLN'TEE:R POLICE SERVICE AIDE A RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY AND THE ACCEPTANCE OF :A GRANT DEED FROM DEBRA INVESTWNT CORPORATION (M Neighborhood Public Facilities Site) Ordinance No.522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADDING CHAPTER 9.64 TO TITLE 9 OF THE ROHNERT PARK "ICIPAL CODE TO PROVIDE FOR THE RECOVERY OF COSTS INCURRED BY THE CITY OF ROHNERT PARK IN RESPONDING TO FALSE ALARMS Rohnert Park City Council Minutes (6) April 24, 1990 Upon motion by Councilman Hopkins, seconded by Council NmTber Spiro, and unanimously approved, with the exception of Resolution No. 90 -82, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution No. 90-82 RESOLUTION AUTHORIZING CALL FOR SEALED PROPOSALS FOR OPERATION AND NAIN'TE NANCE OF THE ANINg1L CONTROL SHELTER Assistant to the City Manager Leivo responded to questions from Council regarding the Animal Control Shelter. The Humane Society has indicated a willingness to work with the City during the transition and extend the agreement on a month to month basis until the City decides what alternative to c17 oose for the shelter operation. Requests for proposals have been sent out to professionals experienced in animal shelter operations to see if they are interested in operating the shelter in the same manner that the Humane Society has operated it. Upon motion by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 90 -82 was adopted - stipulating that the first option would be to have the animal shelter be managed in a similar manner to the current operation. City Manager Callinan said that copies had been provided to Council of two additional resolutions associated with Resolution No. 90 -87 regarding the Roberts Lake Road Park and Ride Lot. The two agreements referenced in these resolutions for consideration were received after tonight's agenda was prepared. Resolution No. CALIFORNIA 90-92 A RESOLUTION OF THE CITY COLUCIL OF THE CITY OF ROHNERT AUTHORIZING AND APPROVING A COOPERATIVE AGPEWM W7ITH WITH STATE OF CALIFORNIA AND THE CITY OF ROHNERT PARK TO PRMOVI FOR REIMBURSEMENT TO THE CITY OF ROHNERT PARK FOR COST INFROVENENTS OF ROBERTS LAKE ROAD PARK AND RIDE LOT AUTHORIZING PREPARATION OF A 10 YEAR LEASE TO THE STATE Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -92 was adopted. Resolution No. 90 -93 A RESOLUTION:AUTHORIZING DIRECTOR OF PUBLIC WORKS /CITY ENGINEER TO EXECUTE RIGHT OF WAY CERTIFICATION FOR ROBERTS LAKE ROAD PARK AND RIDE LOT - PROJECT NO. 1987 -15 Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimmmously approved, Resolution No. 90 -93 was adopted. Rohnert Park City Council Minutes (7) April 24, 1990 Benefit Concert for Stanford Childrens Hospital Mr. Corey Tocchini, Event Promoter of Theatrical Entertainment Net Work, 2421 Mendocino Avenue, Santa Rosa, referred to copies provided to Council of his letter dated April 17, 1990 and shared the contents therein regarding a request for letter of support for a benefit concert on behalf of the Stanford Childrens Hospital to be held at the Rohnert Park Stadium on or about Saturday, September 22, 1990. Discussion followed in which Council agreed that any profits from souvenir sales from this program should benefit the Stanford Children's Hospital rather than come back to the City. Questions were asked regarding the background of the program director and advisory board and what percentage of the proceeds could be expected to benefit the Children's Hospital. A motion was made by Mayor Hollingsworth, seconded by Councilman Eck, and unanimously approved, supporting the concept unti -1 background information is provided to enable writing a letter. of support to Theatrical Entertainment Net Work regarding the benefit concert for Stanford Children's Hospital to be held in September 1990. Barber Shop Quartets Mayor Hollingsworth said the item regarding the barber shop quartets scheduled later on tonight's agenda should be handled at this time because of the young children in attendance with the families involved. Eldon R. Clawson, President of= the Rohnert Park Chapter of the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America said this Chapter started in December 1989 and already has forty members. There are approximately 750 Chapters with 40,000 members. He shared the contents of his letter dated March 12, 1990 to the Cultural Arts Commission which was referred to City Council via letter dated April 4, 1990 from Millie Hamill, President of Rohnert Park Cultural Arts (copies of both letters were provided to Council). Mr. Clawson said they were looking forward to putting on a show in the Performing Arts Center July 20 and 21. Since the Chapter is so new and has no funds, a letter had been written to the Performing Arts Center requesting deferral of rent payment until after the show. This request was referred to the Cultural Arts Commission and in turn the Chapter was told it would be necessary to approach the Council since the Cultural Arts Commission did not have authority to change established policies. Rohnert Park City Council Minutes (8) April 24, 1990 A motion was made by Councilman Hopkins to deferral arrangements for the Rohnert Park Barber Shop Quartets since payment could be the scheduled performance. Said motion di second. work out rent Chapter of the made following died for lack of a Discussion followed regarding the necessity of being cautious since the Council has established a policy of no waivers, that granting this request would set a precedent and other similar deferral requests had been refused to various organ i zat i one . Co'„ ;ci 1 *"e+— Spiro rec^ xid making rental deposits via Master Card or American Express to hold until payments are made following performances as it would be a form of payment security in hand and provide protection to the City. Council concurred. Mr. Clawson said this procedure would be agreeable, that the Barber Shop Quartet Chapter was here for the long haul and that the Council will be proud of its contribution to the community. He introduced the Barber Shop Quartet to sing a presentation of "Oh Yeah" specifically worried to acknowledge and extend appreciation to Millie Hamill, President of Rohnert Park Cultural Arts for her faithfulness and efforts toward the development of the Performing Arts Center. Redwood Dr.Widening Director of Administrative Services /Assistant to City Manager Netter said the Redwood Drive widening Project No. 1986 -18 was continued from the April 10th meeting awaiting the Judge's ruling. Judge Sawyer has still not given a ruling on this matter and City Attorney again recomnen ds deferral. Council concurred. Resolution No. 90 -94 A RESOLUTION OF AWARD OF CONi'RACT -PHASE ONE INPROVENENTS - CODDING CENTER - SENIOR CITIZENS CTS - PROJECT 1988 -23 Director of Administrative Services /Assistant to City Manager Netter explained the resolution. He reviewed bid amounts received from opening on April 18th and gave staff recommendation to accept lowest bid from C.G. Builders, Inc. in the amount of $381,000. He explained funding of the project would be from two approved CDBG grants totaling $250,000 with the balance of $131,000 to be paid from Conmmity Facilities Fund or the infra - structure maintenance reserve account. The approval of this resolution will enable construction to start on Phase One inprovements of the Codding center /Senior Citizens Center. Discussion followed in which question was asked regarding the cost of replacing the whole roof of the Codding Center rather than approving only the Senior Center portion at this time. Assistant to the City Manager Leivo explained the need to separate the projects because of grant funding requirements under the CDBG program. Rohnert Park City Council Minutes (9) April 24, 1990 -Upon motion by Councilman Hopkins, seconded by Council Number Spiro, and unanimously approved, Resolution No. 90 -94 was adopted. Resolution No. 90 -95 A RESOLUTION AUTHORIZING AND APPROVING LEASE AGREEMENT WITH OOTATI- ROHNERT PARK UVIFIED SCHOOL DISTRICT RE "M" SECTION SCHOOL SITE Director of Administrative Services /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, reading of the resolution was waived and Resolution No. 90 -95 was adopted. Resolution No. 90 -96 RESOLUTION ORDERING CITY MNAGER OF THE CITY OF ROHNERT PARK TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK Director of Administrative Services /Assistant to City Manager Netter explained the resolution and said a Public Hearing was set at this time for input from citizens regarding the Notice to destroy weeds. Public Hearing Mayor Hollingsworth opened the Public Hearing at approximately 9:08 p.m. Harvey Bell, 700 Lindsay Avenue, was recoginized from the audience and asked if the weeds referenced had anything to do with prepared corridors to which Council responded no. There being no one further desiring to speak, Mayor Hollingsworth closed the Public Hearing at approximately 9:10 P.M. Upon motion by Councilman Hopkins, seconded by Council Number Spiro, and unanimously approved, Resolution No. 90 -96 was adopted. Discussion followed in regard to the billing of property owners for the City's costs of mowing and the time spent in attempting to: collect for this service. It was confirmed that the City has the option to bill the property owners but has not been doing so since it has been found that the collection process exceeds the costs of removing the weeds. Council queried if these charges could be applied to tax billings, if fees should be increased to cover charges, and if staff should provide Council with an analysis of the weed abatement costs and billing charges. Rohnert Park City Council Minutes (10) April 24, 1990 City Imager Callinan gave exarrples of costs incurred -by the City of other similar efforts to keep the City looking neat in which there are no attenpts to incorporate a billing process. A cation was made by Councilman Eck, seconded by Council Member Spiro, to increase the weed abatement charges to property owners to cover costs and bill property owners for this service, and approved by the following roll call vote: AYES: (3) Eck, Spiro and Hollingsworth NOES: (1) Hopkins ABSENT: (1) Cochran Planning arm Zoning File No. 1386 Director of Administrative Services /Assistant to City Manager Netter referred to plans on the wall and explained that copies had been provided to Council regarding File No. 1386 of staff report dated January 25, 1990 and letter to Council dated April 24, 1990 from Planning Director Skanchy regarding the Planning Commission's architectural approval for the Alicia Park swimming pool building located at 300 Arlen Drive and shared the contents therein. City Engineer Brust referred to plans on the wall and explained changes recom ended for the Alicia Park swimming pool building extending it a few feet north to the fence line closing off that area which will be used for storage, and covering the extending concession area to create office space. Discussion followed regarding consideration to flexibility of covering on rollers, how-to. manipulate in and out of the doors, and confirmation by City:Engineer that plans are not yet f i nA i but there is preference to a swore open type door with the possibility of opening up the area. A notion was made by Councilman. Hopkins, seconded by Council Member Spiro, and unanimously approved, to approve the architectural renderings of Project No. 1988 -22, File No. 1386 as recommended and approved by the Planning Commission. General Plan Director of Administrative Services /Assistant to City Manager Netter a Public Hearing for the General Plan has been set by the Plannina Commission for May 3rd. The City Council's Public Hearing for the General Plan will be held at its regular meeting the following week on May 8th. Performing Arts meter Mayor Hollingsworth expressed appreciation and conpliments to everyone involved regarding the success of the Gala Opening of the Performing Arts Center over the past weekend. Rohnert Park City Council Minutes (11) April 24, 1990 City Manager Callinan reported that the Gala Opening went smoothly with approximately 4,000 to 5,000 in and out of the various performances and events over the weekend and all commments over the weekend were very complimentary. Discussion followed confirming the beautiful addition to the City, compliments to staff, outstanding review in Chronicle, and appreciation for Press Democrat editorial. Acknowledgment was given to how the Center was financed Mich was a major undertaking to raise the money amounting to approximately eight million dollars with many participants involved to make it possible. In response to some community comments over the Gala Opening weekend that the Performing Arts Center seemed too small, Council referred to Consultant's recommendation that it is better to have viable seating for 500 with a full house rather than have seating for 1000 with an auditorium half empty. Limiting Cmmcil Teams City Manager Callinan explained that copies had been provided to Council of a proposal from George Horwedel regarding limiting the terms of the Council. This item was continued from the April 10th Council meeting. George Horwedel,- 7669 Comino Colegio, referred to copies previously distributed to Council of revised proposal regarding limiting the terms of Council recommending a three term limit instead of his previous proposal of two terms and shared the contents therein. He requested Council to put this item on the ballot for the people to vote for or against limiting Council terms. Discussion followed regarding the. logic of limiting Council terms. Compliments were extended - to W. Horwedel for his efforts in presenting this proposal. There is the need for voters to be informed of complications involved regarding background stability and experience necessary for a Council to provide consistency and have the ability to make responsible decisions for the protection and welfare of the community. Short Council terms would not allow the needed time for this valued experience to develop. Discussion continued. A notion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved to table the matter regarding the-proposal to limit terms of Council. Open Space— AB3630 City Manager Callinan explained that copies had been provided to Council of Open Space /Proposed Law AB 3630 as referenced earlier in tonight's meeting establishing an Open Space District in Sonoma County. Existing law provides procedures for the formation of a Regional Park and Open Space District. A petition is required to be presented to Rohnert Park City Council Minutes (12) April 24, 1990 the Board of Supervisors which would approve or disapprove the petition. The Board of Supervisors would act as the governing body of the District. If an Open Space District is approved in Sonoma County, the Bill authorizes the District to impose special taxes such as transactions and use tax, excise tax or transient occupancy tax at a rate not to exceed an unspecified percentage. Staff's concern is that if a district is formed, cities' Transient Occupancy Tax taxes may be a target for revenue sources. Discussion followed confirming the n8er3 for representation of the Cities and that over 60% of the people will not be Properly represented if the District is formed as currently Proposed. Also, the Transient occupancy Tax (TOT) should be deleted from a revenue source for said District. A motion was made by Councilman Eck, seconded by Council Member Spiro, and unanimously approved to draft a letter supporting staff's recommendation regarding the need for City representation in establishing an Open Space District in Sonoma County and that the use of Transient Occupancy Tax be deleted from a possible revenue source to the Open Space District in the Proposed Law AB 3630. Residential Bldg. Permit Allocations City Manager Callinan explained that copies had been provided to Council of letter dated April 13, 1990 from Trent Orr, Attorney for the Sierra Club and Harvey Bell in regard to the residential building permit allocation plan that vas approved at the City Council meeting of April 10th. Lbder the advisement and direction of City Attorney, staff went ahead and approved said building permit allocation plan. The above - referenced letter is asking Council to reconsider this approval. Council concurred not to reconsider the residential building permit allocation plan as approved at the Council meeting of April 10th. Comn.mications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Councilman Eck referenced several letters regarding Cable TV matters and queried if staff makes sure these go directly to the Cable TV .,company. Assistant to the City Manager Leivo responded "yes" and confirmed these letters are kept in mind for the upcoming Cable TV renegotiations. City Mwager"s Report: FBI Academy Class City Manager Callinan referenced letter dated March 30, 1990 from U.S.Department of Justice /Federal Bureau of Investi- gation (F.B.I.) regarding the coverage of all expenses for Rohnert Park City Council Minutes (13) April 24, 1990 Public Safety Supervisor /Lieutenant John Thompson to attend the International Synposium on the Forensic Aspects of Mass Disasters at the F.B.I. Academy in Quantico, Virginia from June 23 to 29, 1990. This resulted from the F.B.I. Academy's acceptance of Lieutenant Thorrpson's recent poster presentation. Public Safety Staffing City Manager Callinan requested Council's approval to hire a Commnity Services Officer due to Public Safety staffing needs as a result of injuries and reassignments in the Department of Public Safety.. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to hire an additional Community Services Officer as recommended by staff . Public Works Retirements City Manager Callinan referenced copies of memo provided to Council regarding the invitation to Council to attend the retirement dinner on May 5, 1990 of two Public Works employees, Ray Zastrow and Rae Schultz. Con[nmity Resource Specialist City Manager Callinan said the Community Resource Specialist has been hired and has confirmed a resolution for Council's consideration is in process, so that program will be getting under way shortly. Condiotti Bust City Manager Callinan brought attention to the bust of Art Condiotti displayed on the Council Chamber table which tias made in recognition of W. Condiotti's contribution to the building industry in the community. Empire Waste Management Director of Administrative Services /Assistant to the City Manager Netter said that notice has been received from the State that the City in conjunction with E[rpire Waste Management has received a grant in the amount of $38,000 for the multifamily recycling program that should be in operation by the end of the surmmr. City Attorney's Report: City Attorney -Flitner referenced letter dated April 6, 1990 from the League.of California Cities regarding AB 3458 coming before the Assembly Judiciary Committee the 9th of May which would prohibit public agencies from trying to reduce or eliminate attorneys fees in a settlement agreement to the opposing party. This bill %%ould prohibit cities from reducing attorney fees in "private attorney general litigation ". Cities should not be deprived of rights %hick Rohnert Park City Council Minutes (14) April 24, 1990 private parties enjoy under similar conditions and recommended Council write a letter opposing AB 3458. Council concurred that both City Attorney and Council should write a letter opposing AB 3458. Wtters from council: City Attorney Flitner referenced a letter from City Attorney's office in Los Angeles dated April 5, 1990 requesting the City to join in an amicus curiae brief being prepared by the San Francisco City Attorney in the case of California Federal Savings and Loan Association versus City of Los Angeles. The lower court decision in this case determined that local public taxes levied by the City upon the Savings and Loan Association were superseded. The affect of the decision is to interfere on local business tax revenues from the taxation of savings and loan associations to the State. City Attorney Flitner recommended that the City be authorized to join in the amicus brief. A motion was made by Councilman Hopkins, seconded by Council Namber Spiro, and unanimously approved, supporting cities to be joined in the amicus brief of the City of Los Angeles. Mayor Hollingsworth said the Mayors' and Councilmembers' Association of Sonoma County would meet on Nay 10th and requested Councilman Eck handle the welcoming presentation as he would not be able to attend. Councilman Hopkins said he planned to attend the League of California Cities Redwood Empire Division meeting on May 19th in Trinidad, California. City Manager Callinan said the- joint meeting with Parks and Recreation Comnission would be on June 5th with notice to follow regarding location. Councilman. Eck requested staff to check on the spraying that is being done on the Copeland Creek bike. Councilman Eck queried about the shopping carts in the creek that continue to be a problem to which City Manager confirmed there have been efforts to have a meeting with store owners regarding the matter. Councilman Hopkins said the Unscheduled Public Appearances are getting"-too lengthy which is not considerate to scheduled agenda items and recommended better enforcement of the time limit. Discussion followed in which Council concurred that the five minute time limit for Unscheduled Public Appearances should be enforced as previously established. Rohnert Park City Council Minutes (15) April 24, 1990 Unscheduled Public Appearances Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. Susan Radke, 1310 Gold Way, referenced the False Alarm ordinance recently adopted and the thirty day allowance for new systems. She asked if this allowance was going to apply to retrofits as the Villa has several complications and would appreciate the allowance. Mayor Hollingsworth said she should deal with staff directly and let them know about the problems. George Horwedel, 7669 Camino Colegio, asked if a resolution could be adopted regarding a Cable TV committee in Rohnert Park as approved at a previous Council meeting. Mayor Hollingsworth clarified that Councilmen Hopkins and Eck were appointed as Council Committee Members for the Cable TV issue. Mr. Horwedel asked if this matter could be put on the next agenda. City Manager Callinan recommended Mr. Horwedel discuss details with Assistant to the City Manager Leivo for an update on the Cable TV matter before making the request to be put on the agenda. Harvey Bell, 700 Lindsey Avenue, asked for clarity of Council's direction regarding his request earlier tonight to put the Annexation Survey Proposal on the next Council agenda. Mayor Hollingsworth said scheduled appearances are put on Council agendas at a person's request and it does help the person's cause considerably to have scheduled public appearances versus unscheduled appearances, whenever possible, since the item is put on the agenda with time allotted and material can "be- provided in advance for Council's review and comprehension of the matter. Discussion followed regarding the advisability of surveys since such are costly and do not necessarily deal with the problems. Survey results often conflict with different issues such as controlling growth and wanting more housing, and tend to give emotional responses rather than provide solutions. Admit There being no further business, Mayor Hollingsworth adjourned the meeting at approximately 10:21 p.m. Depu Cit C erk Mayor ANNEXATION SURVEY PROPOSAL Section 1 - Purpose a) The purposes of this ordinance are: Qa 1) to enhance and help achieve the long- standing objectives in Sonoma county, in cooperation with our neighboring municipalities, to: i protect farmland from urban encroachment, ii provide open space separators between urban communities, and iii preserve the desirable quality of life in Sonoma County for future generations; and 2) to assure that the desires of the residents of Rohnert Park are available to elected officials as they consider proposals for annexation . b) To accomplish these purposes, this Ordinance provides that prior to approving any annexation of any significant size into the City Limits of Rohnert Park, except for land that is permanently protected as essentially unimproved Open Space, the City Council shall survey by direct mail all of the electorate (or residents) of the City of Rohnert Park on the question of whether they want the City Council to approve or disapprove the proposed annexation. This Ordinance shall apply to any proposed annexation of more than five (5),acres in size or when by the proposed annexation or by previously approved annexations, a total of more than twenty (20) acres have or will have been approved for annexation in any one calendar year. Section 2 - Findings a) At the local level of government, one of the most significant issues Of major impact on the lives of the residents of a community is the question from time -to -time of whether or not to enlarge the boundaries of their community. Therefore, annexation is determined to be an issue that should be decided by the City Council only after directly assessing the desires of the electorate (or residents) of Rohnert Park by direct mail survey. b) As the Laws of the State of California do not allow the citizens of a community to vote directly upon their own city limits, the survey of the electorate (or residents) as required by this Ordinance, shall be considered to be advisory in nature, and therefore not binding upon the City Council. c) The provisions of this Ordinance are separate from and do not directly affect the City's General Planning process, except that lands included in current or future General Plans which are indicated for possible future annexation will become subject to the provisions of this Ordinance if and when such lands are formally proposed for annexation according to established procedures. Page 1 of 3 AM EXATION SURVEY PROPOSAL - page 2 Section 2- Findings - (continued) d) This Ordinance does not in any way limit subsequent amendment to the General Plan of the City of Rohnert Park and its maps. e) This Ordinance does not in any way impose any limit on the development of housing units within the City of Rohnert Park nor does it in any way conflict with the provisions of Government Code Section 65915. f) Nothing in this Ordinance is intended to limit in any way the actions of LAFCO (Local Agency Formation Commission) in approving or requiring the annexation of property into the City of Rohnert Park. Section 3 - Provisions a) This Ordinance shall apply to any proposed annexation of any significant amount of land to the City Limits of Rohnert Park, except for land that is permanently protected as essentially unimproved Open Space, regardless of whether or not such proposed annexation has ever previously been included in the City's General Plan. This Ordinance shall apply to any proposed annexation of more than five (5) acres in size or when by the proposed annexation or by previously approved annexations, a total of more than twenty (20) acres have or will have been approved for annexation in any one calendar year- b) This Ordinance shall require the City Council of Rohnert Park to seek and obtain by direct mail a survey of the electorate (or residents) of Rohnert Park on the question of each and every significant annexation, except for land that is permanently protected as essentially unimproved Open Space. c) 'When appropriate, in accordance with the provisions of State Law, an Environmental Impact Report shall be submitted for review prior to the initial public hearings on the question of any applicable proposed annexation. d) The Annexation Survey shall follow public hearings on any applicable Proposed annexation; and, when applicable, shall follow the approval by the Planning Commission and the City Council of a satisfactory Environmental Impact Report. ANNEXATION SURVEY PROPOSAL - page 3 Section 3 - Provisions (continued) e) The survey required by this Ordinance shall be mailed directly to all. registered voters (or residents) of the City of Rohnert Park. The survey may be mailed out with regular city wide mailings, such as .water, sewer and garbage billings, to reduce the cost of assessing the desires of the residents. f) Before final approval or disapproval of any proposed annexation, the City Council shall hold a public hearing to receive the survey results and shall incorporate them into the formal record of the proposed annexation. Section 4 - Implementation a) Upon passage of this Ordinance, it shall be immediately effective. b) No elected or appointed official, employee, board or commission of the City of Rohnert Park shall grant, issue or confer any permit, approval or other land use entitlement or take any other action which is inconsistent with the provisions of this Ordinance. c) This Ordinance may not be amended except as provided in Section 6 hereof. Section 5 - Severability a) If any portion of this Ordinance is hereafter determined to be invalid by a court of competent jurisdiction, all remaining portions of this Ordinance shall remain in full force and effect. Each section, subsection, sentence, phrase, part or portion of this Ordinance would have been adopted and passed irrespective of the fact that any one or more of them be declared invalid. Section 6 - Amendment and Repeal No Part of this Ordinance may be amended or repealed except by a vote of the electorate of the City of Rohnert Park at a regularly scheduled general election or at a special election called for that purpose. Proposed by: THE CONCERNED CITIZENS FOR ROHNERT PARK April 24, 1990