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1993/05/25 City Council MinutesRohnert Park City Council Minutes May 25, 1993 The Council of the City of Rohnert Park met this date in regular session commencing at 5:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. CALL TO ORDER -Mayor Hollingsworth called the regular session to order at approximately 5:35 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 5:00 p.m. to discuss litigation matters and personnel matters. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (3) Councilmembers Gallagher, Reilly and Mayor Hollingsworth Absent: (2) Councilmember Eck (personal family medical needs) and Councilmember Spiro (out of town on business) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Director of Public Works /City Engineer Brust, Planning Director Skanchy and Finance Director Harrow. Approval Upon motion by Councilmember Reilly, seconded by Mayor Hollingsworth, of the minutes of May 25, 1993 were approved as submitted, with Council- Minutes woman Gallagher abstaining due to lack of opportunity for a thorough review of same. Approval City Manager Netter provided information for Council questions of pertaining to the bills which were presented at the previous Council Bill: meeting. He reviewed certain details pertaining to tonight's list of bills for approval, specifically referencing two bills listed on the cover sheet for (1) Environmental Resource Council in the amount of $3,300.00 and ( 2 ) Attorney Edward L. Kurth for the Polybutylene pipe claim in the amount of $1,796.39 and responded to various Council questions regarding same. Upon motion by Councilmember Reilly, seconded by Councilmember Gallagher, with the exception of pulling off Environmental Resource Council- Lhderground Fuel Tanks in the amount of $3,300.00 to enable full Council review of same as a result of Councilwoman Gallagher questioning Council authorization and approval of the Director of Public Works /City Engineer representing the City on Environmental Resource Council (i.e. no motion), the bills presented per attached list in the amended amount of $413,082.39 were unanimously approved. Mayor Hollingsworth requested Council questions pertaining to bills be presented to staff prior to Council meetings to provide adequate staff time for looking up pertinent information and enable responses during Council meetings, if still desired and /or deemed necessary. Non - agendaed Mayor Hollingsworth queried if any Councilm niDer had any non - agendaed matters items to add to the agenda. There were none. Rohnert Park City Council Minutes (2) May 25, 1993 Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), anyone in the audience who wished to mrake a comment may do Appearances 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, Judy Sotak, 1458 Warrington Road, Santa Rosa, expressed appreciation to Council for its previous approval several months ago of a $5,000 loan to the newly formed Rohnert Park Theatre Guild to work toward a fund raiser for the Dorothy Rohnert Spreckels Performing Arts Center which resulted in the Fabulous Follies '93. Ms, Sotak pointed out that, in the flurry of activity, no one from the Guild ever picked up the check for the referenced loan from the City and she was happy to report that everything worked out fine without the loan. She shared comments related to the success of the Follies and reviewed details of the proceeds and distribution of funds pertaining to same. Ms. Sotak expressed further appreciation for a lovely city like Rohnert Park with the provision of such a facility that has brought a lot of people together from the surrounding area. She thanked Council for its confidence and generosity and said the Follies would be performed again next year. C O N S E N T C A L E N D A R Mayor Hollingsworth 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. Resolutions: No.93 -44 A RESOLUTION OF THE CITY COLNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CTAIM OF MICHAEL DALE THODIiE AND STEVEN JOHN THOE1WE (Re. alleged damages /loss of property) No, 93 -45 A RESOLUTION DESIGNATING, At TORT -7.LNG ND APPROVING THE Ip3STAIaLATiOiv OF STOP SIGNS (on Santa Dorotea Circle at Donna Court) No,93 -46 RESOLUTION CALLING FOR SEALED PROPOSALS FOR JANITORIAL NiINTENANCE SERVICE FOR VARIOUS CITY FACILITIES No.93 -47 RESOLUTION CALLING FOR SEALED PROPOSALS FOR A MJBILE SELF- CONTAINED AIR RECHARGING UNIT FOR THE DEPARTMENT OF PUBLIC SAFETY FIRE SERVICES No,93 -48 A RESOLUTION ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FEDERALLY FUNDED CITY TRANSPORTATION PROTECTS Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Rohnert Park City Council Minutes (3) May 25, 1993 RECESS Mayor Hollingsworth declared a recess of the City Council meeting at approximately 5:50 p.m. in order to convene the Commmity Development Agency of the City of Rohnert Park meeting scheduled during tonight's regular City Council meeting. RECONVENE Mayor Hollingsworth reconvened the City Council meeting at approximately 6:05 p.m. with all Councilmembers present except Councilmembers Eck and Spiro. Scheduled Public Appearances: 1) Andrew Muldowney, 143 Verde Circle, shared contents of his letter dated May 1, 1993 requesting financial support to be a member of the East -West Ambassadors Baseball Team. He said his family was also planning a fundraiser barbecue in the summer to help toward this effort. Copies were provided to Council of the referenced letter along with staff report, as reviewed in the Council Meeting Memo, signifying Parks & Recreation Commission recommendation for Council approval of $200 financial support to assist Andrew Muldowney in his fund raising efforts. Upon motion by Councilmember Reilly, seconded by Mayor Hollingsworth, financial support in the amount of $200 to Andrew Muldowney as recommended by the Parks and Recreation Commission was unanimously approved. 2) Larry Davis, 321 South Main Street, #524, Sebastopol, shared contents of letter dated May 10, 1993 referenced at the previous Council meeting from himself and Jim Armstrong representing Irate Ratepayers of Sonoma County regarding "community composting costs ". He distributed exten- sive informational packets to Council regarding Rohnert Park Data from EMCON Waste Generation Study and Background Papers on Community Compost Costs prepared by Armstrong, Davis & Associates, ComnMity Policy Analysts, May 1993. W. Davis shared brief comments regarding contents therein and requested Council direction to refer this matter to the Council Garbage Committee to begin detailed discussions regarding same. Council concurred. Mayor Hollingsworth confirmed that Councilmembers Eck and Gallagher were on the Garbage Committee. Council Committee Reports: 1) Mobile Home Park Purchase Program (Eck, Reilly) - City Manager Netter referenced comments as reviewed in the Council Meeting Memo regarding this item and said copies were provided to Council of Outline of Proposed Rohnert Park Tax - Exempt INbbile Home Park Financing from Sutro & Co. With the absence of Councilman Eck from tonight's Council meeting and Councilman Reilly had been unable to attend the Council Committee meeting regarding same, review of this item was deferred to the next City Council meeting of June 8th, 1993. 2) Garbage Committee (Eck, Gallagher) - Council Committee Member Gallagher shared commnts from recent Garbage Committee meeting with staff to discuss garbage related matters. She said Council Committee Member Eck expressed the desire to see soil composting by the end of the sumrer. Ms. Gallagher referenced the particular franchise agreement with Empire Waste Management that does not expire until June of 1995 and said she thought Council should start looking at that contract. She said it was her recommendation, without a lot of agreement, that this contract be opened up to the fair bidding process with a public hearing regarding same. City Manager Netter referenced his comments and outline of options reviewed in the Council Meeting Memo and responded to questions from Council. Rohnert Park City Council Minutes (4) May 25, 1993 In addition, City Manager Netter referenced copies provided to City Attorney of the referenced franchise agreement with Empire Waste Management and the City's Minicipal Code Section dealing with garbage and refuge collection for his review and response regarding possibilities of whether the City could unilaterally contract with another vendor for yard waste collection taking into consideration the existing franchise agreement and definitions of rubbish as outlined in the franchise agreement and the Rohnert Park Mziicipal Code. Mr. Netter shared comments as reviewed in the Council Meeting Memo pertaining to factors of franchising operations versus non - franchising operations and the consideration of various options. He confirmed further review of the options by the Garbage Committee following receipt of above- referenced response from City Attorney Flitner. Garbage matters: 1) Waste Management /San Diego County (Gallagher) - Council agreed to defer this item to the next Council meeting of June 8, 1993 when the full Council should be present for review and comments of same. 2) Barry Adams and Curtis Michelini, Sr., representatives of Industrial Carting, referenced copies provided to Council of letter dated May 18, 1993 from Industrial Carting and shared contents therein regarding Empire Waste Management request for extension and that the City consider opening up the franchise agreement to competitive bidding. Discussion followed including Council comments related to above- referenced Waste NLanagement, Inc. /San Diego report during which City Attorney Flitner cautioned Council about making allegations related to this matter as Waste Management, Inc. has proceeded with a lawsuit against San Diego regarding same. In response to inquiry from Bob Matteri, Assistant General Manager of Empire Waste Management requesting clarification of Council direction regarding review of the referenced document since W. Matteri said he would like to respond to same, Mayor Hollingsworth confirmed previous direction to defer the item to the next Council meeting of June 8th, 1993 for consideration by the full Council to see if further discussion of the doc=ent is desired. Sonoma County Convention & Visitors Bureau ( SCCVB) presentation. - Kirk Lok, President of SCCVB referenced copies provided to Council of SCCVB Mission Statement with attachments related to detailed breakdown of marketing targets, as well as previous letter dated May 18, 1993 from Joe Travale, Executive Director of SCCVB. He shared contents therein regarding parity formula and downsizing of funding request for fiscal year 1993 -94 whereby Rohnert Park's fair share portion of the 1993 -94 Bureau parity funding would be decreased from $53,929 to $34,530 representing a reduction of $19,399 for Rohnert Park. City Manager Netter shared comments regarding this matter as reviewed in the Council Meeting Memo confirming that staff agrees that the parity formula is more realistic and is the best formula to date, especially with the down -sized budget. However, during continued budget reviews, Council should consider this program only if other cities and the County agree to provide proportionate shares based on the parity formula. Discussion followed. Rohnert Park City Council Minutes (5) May 25, 1993 Sonoma County Wineries Association matters: 1) Sublease with SCCVB for unfinished portion of Wine Center - City Manager Netter referenced copies provided to Council of letter dated May 17, 1993 from Sonoma County Wineries Association requesting permission from the City to sublease 800 square feet of the unfinished portion of the Wine Center to SCCVB. He shared contents as reviewed in the Council Nbeting Memo. City Manager Netter and Linda R. Johnson, Executive Director of Sonoma County Wineries Association responded to various Council questions regarding same. City Attorney Flitner also responded to Council questions confirming that the general rule for leases is that a sub - tenant is subject to conditions of a master tenant and, therefore, did not think the City would have the option of allowing the referenced sub- tenant to stay, if the master lease dissolved, since the sub - tenants would fall with the master tenant. Upon motion by Councilmember Reilly, seconded by Mayor Hollingsworth, sublease with SCCVB for the above - referenced unfinished portion of the Wine Center as requested by Sonoma County Wineries Association was approved by the following roll call vote: AYES: (2) Councilmember Reilly and Mayor Hollingsworth NOES: (1) Councilmember Gallagher ABSENT: (2) Councilmembers Eck and Spiro Councilwoman Gallagher explained that she is not opposed to the Wine Center itself but, for the record, mast vote against related issues because (1) the Wine Center is located on open space, and (2) because she feels public funds have been used for private industry in ways excessive to opportunities provided to other businesses in the comTunity which she thinks is unfair. Ms. Gallagher said, with the master lease approved and signed, she still does not understand the City's reasons for sub - leasing. 2) Sublease with Sonoma County Wineries Foundation for kitchen facilities within the Wine Center - City Manager Netter said copies were provided to Council of second letter from Sonoma County Wineries Association dated May 17, 1993 regarding the referenced matter as reviewed in the Council Meeting Memo. Linda Johnson, Executive Director of the Wineries Association explained the concept of same and responded to various Council questions related to this request. Upon motion by Councilmember Reilly, seconded by Mayor Hollingsworth, sublease with Sonoma County Wineries Foundation for kitchen facilities within the Wine Center as requested by the Sonoma County Wineries Association was approved by the following roll call vote: AYES: (2) Councilmember Reilly and Mayor Hollingsworth NOES: (1) Councilmember Gallagher (same above- reviewed reasons) ABSENT: (2) Councilmembers Eck and Spiro Councilman Reilly said it is known that he previously voted against the development of the Wine Center for reasons pertaining to land use and open space, but voted in favor of the subleasing issues reviewed tonight because he did not feel there was a connection between these issues and the initial development issue. Rohnert Park City Council Minutes (6) May 25, 1993 RECESS 3) Promotional expenditures review - City Manager Netter said copies provided to Council of letter dated May 12, 1993 from Sonoma County Wineries Association, with related "free publicity" attachments, was self- explanatory. Contents of the letter were briefly reviewed in the Council Meeting Nbmo. Linda Johnson responded to various Council questions regarding same confirming that the winery /tasting room permit is expected some time next month in June and is currently in the hands of the Bureau of Alcohol, Tobacco & Firearms and the California Alcohol Beverage Control. Mayor Hollingsworth declared a recess at approximately 7:00 p.m. for a brief dinner break. Mayor Hollingsworth reconvened the Council meeting at approximately 7:15 p.m. with all Councilmembers present except Councilmembers Eck and Spiro. Proposed 1993 -94 City Budget - WORK SESSION - Suggestions /Input for Expenditures and Revenue Enhancements Mayor Hollingsworth extended a welcome to residents who came to tonight's Council meeting to participate in this budget work session and briefly reviewed budget conditions related to the State of California taking property tax and real estate tax which has resulted in a great deal of strain on city budgets. He said two previous budget work sessions had been held at 5:00 p.m. prior to regular City Council meetings, however, tonight's public hearing /work session for the budget was scheduled at 7:00 p.m. to enable fuller participation from the con -unity. The Mayor expressed appreciation that so many residents were present at this Council meeting to offer suggestions toward possible solutions related to the needs of the City budget. City Manager Netter shared conments related to the proposed 1993 -94 City budget work session as reviewed in the Council Meeting Memo confirming that the public hearing regarding same had been duly noticed and scheduled at this time. Mr. Netter shared contents of copies provided to Council and made available to the public for inspection and comment of complete information on the budget with staff's outlined options for consideration. He also reviewed contents of copies provided to Council and made available to the public of staff report dated May 24, 1993 regarding May revisions of the State budget, as well as the current list of Cotmunity Promotion funding requests. City Manager acknowledged that numerous phone calls and letters have been received at the City offices over the past few weeks pertaining to budget concerns and /or suggestions regarding same. City Manager Netter and Finance Director Harrow responded to various Council questions regarding contents of the referenced staff reports. PUBLIC HEARING - Mayor Hollingsworth opened the public hearing at approximately 7:35 p.m. Participants of the public hearing expressed varied concerns related to the proposed 1993 -94 City budget as signified in comrents presented to Council on speaker cards. Participants of the public hearing budget work session were as follows: Rohnert Park City Council Minutes (7) May 25, 1993 1. Hazel Brubaker, 959 Hacienda Circle, said she works at the Nutrition Department of the Senior Center, and complimented fund raising efforts of seniors over the past few years. She expressed concerns that budget cuts to senior programs, or additional costs to seniors for such programs, would remove their incentive and motivation to continue in successful fund raising efforts. She said the seniors have worked hard all their lives without many more years to look for new options and, therefore, pleaded with Council to try hard to make budget cuts elsewhere. 2. Coyla Baldi, 6073 Darleen Court, expressed concern about consideration for any kind of membership dues for seniors and said members of the Over 50's Club already pay $50 for annual dues. 3. Andrew Hutchins, 4548 Heron Court, Chair of Bicycle Advisory Committee, said the Bicycle Committee recommends striping of Snyder Lane for a Class II bike lane to correspond with opening of the new Junior High School on Snyder Lane. The cost would be approximately $43,000. 4. John Lund, 176 Adele Avenue, reviewed numerous line items in the referenced outline of budget options for consideration and said he recommended reversing priorities to favor teen -agers and senior citizens and gave several examples that could make this possible, such as, by cutting back on City Nbnager's compensation by 25% and other Department Heads by at least 10 %; reduce travel and outside meetings by 75% instead of the recommended 50% since there could be more use of tele- conferences, if necessary. The Comtunity Safety Officer should be retained and efforts should be made to generate more income from things like the television franchise and the City swimming pools. The percentage of decrease signified under Public Works for the City Engineer and Inspection should be increased. It does not seem logical that the Honeybee Park Pool signifies no budget cut, but Alicia Park, where services and activities to the community are so much greater, signifies a 28% budget cut. 5. Linda Branscomb, 21 Anne, acknowledged agreement with most of the previous comments made during this public hearing and made further line item recommendations as follows: eliminate employee non - smoking and residency allowances; there should be some kind of compensation for the cost of mailing agendas; Truancy Officer should definitely remain; Chamber of Commerce needs to be revamped as discussed at recent redevelopment summit; there should be provision for staff time for committees like the Sister Cities but Founders Day should be a cooperative community effort and not funded by the City; eliminate holiday pay and overtime for employees since people are fortunate to have jobs now; there should be no need to use City funds to advertise FAIRE (Friends of the Animals in the Redwood Empire) since they are having their own fund raisers; teen programs should be retained to invest in our future; seek promotion of City activities at no cost through community newspapers, like the Voice, rather than incur the cost of a separate City News Letter; and finally, retain funds to repair roofs as signified in the outlined options since that is something you cannot really put off. Rohnert Park City Council Minutes (8) May 25, 1993 6. Betty Ferra, 433 Ava Avenue, representing Kitchen Kut -Ups and Seniors, requested retention of subsidy to Kitchen Kut -ups and clerical labor at the Senior Center. Last year her salary was reduced to $38 per week and she thought that was little enough compensation for the effort involved and importance to the seniors. 7. Carol Haggerty, 167 Fescue Way, said she would not mind paying for postage to receive meeting agendas and did not think the City should pay for such postage as the agendas can be picked up at City Hall. 8. Ralph Jones, 5309 Country Club Drive, Chairman of Homeless Prevention Group, offered to respond to questions pertaining to Homeless Prevention Group funding request in the amount of $5,000 for the year 1993 -94. He said there is a savings on the tax roll of approximately $20,000 for every family that can be prevented from becoming homeless. 9. Diane Ross, 7787 Bernice Court, recommended eliminating employee non - smoking and residency allowances; retain teen programs, Truancy Officer, senior programs and any funding benefits for Library; and said a 5% reduction in the City's top salaries would seem appropriate for these days. 10. Suzanne Anderson, 886 Holly Avenue, representing fund raising efforts for Performing Arts Center, recommended retention of the Performing Arts Center without privatization but with completed 501(c)3 non - profit status and with a Committee of members dedicated to raising funds to subsidize ticket prices. 11. John Hudson, 399 Bonnie Avenue, said he could not identify a line item on the referenced staff report pertaining to expenses or savings of the sewer retrofit program, but recommended that program be eliminated as he felt it just provides subsidy to developers. 12. David Brickner, 1462 Parkway Drive, an interviewing consultant, said he agreed with retention of senior and youth programs. Mr. Brinkner referenced employees per capita, and said a more appropriate chart would be the total member benefits and wages per capita. He said in regards to energy and water, there are large potentials for savings that could occur, even if additional expenditure outlays are required, that would be worth the effort in two to five years. 13. John Hoobler, 7102 Adrian Drive, said he owns a small business in the area and expressed concerns related to the existence of small businesses. He requested that there be no more fire inspection charges for small businesses. 14. Marge Hoobler, 7102 Adrian Drive, expressed concerns related to the irony of charging citizens $8 a year for resident cards versus paying employees to live here. Rohnert Park City Council Minutes (9) May 25, 1993 15. Chip Worthington, 8080 Mitchell Drive, said he would like to express appreciation for the tremendous services of Rohnert Park and commended employees for consistent courtesy and access. He said he thought the residency requirement for certain City employees to live here was very important and encouraged retention of the employee residency allowance. He said, in his opinion, salary cuts should only be the last thing that should be cut from the budget and discouraged salary decreases of City employees because of the affect it would have on morale. 16. David Welch, 7478 Adrian Drive, President of PAL and Public Safety Officer, explained that Public Safety Officers are required to live in Rohnert Park and residency pay does not compensate for the savings such families could have if they could live elsewhere. He, therefore, recommended retention of employee residency allowances. 17. Linda Holm, 1247 Camino Corto, shared comments recommending that the City's Annual Report be scaled down versus elimination in order to retain needed marketing of the City. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 8:15 p.m. Council comments included compliments to residents for the best known turnout for a budget work session /public hearing with assurance that the recommendations would be given full consideration during Council's final reviews for next year's budget. Explanation was given that residency and non - smoking allowances were due to requirement of public safety officers to live in the City and cost benefits to insurance premiums. Further Council concerns were expressed related to the economy of the State of California not yet out of recession and the need to accurately consider and establish priorities when considering crucial budget matters. RECESS Mayor Hollingsworth declared a recess at approximately 8:24 p.m. RECONVENE Nhyor Hollingsworth reconvened the Council meeting at approximately 8:37 p.m. with all Councilmembers present except Councilmembers Eck and Spiro. Interest on Rental Unit Security Deposits City Attorney Flitner referenced copies provided to Council of his memorandum dated April 21, 1993 regarding payment of interest on security deposits with attached draft ordinance for consideration. He shared contents therein and responded to various Council questions regarding same. Rohnert Park City Council Minutes (10) May 25, 1993 PUBLIC HEARING - Mayor Hollingsworth opened the public hearing at approximately 8:42 p.m. City Manager Netter advised receipt of five (5) letters for the record of this public hearing expressing opposition to an ordinance requiring payment of interest on security deposits of rental units as follows: 1. Olaf Gross, Trivoli Garden Apartments, 7380 Adrian Drive 2. Kenneth C. Martin of Pine Creek Properties /Altamont Apartments 3. Sonoma County Realtors Association by Vinny Denietolis, Govern- ment Relations Con nittee Chairman and Beth Robertson S.C.R.A. & C.A.R. Director 4. Solomon S. Condiotti, Vice President of Danco Management, Inc. Participants of this public hearing expressed various concerns as presented to Council on speaker cards or review of above- referenced letters signifying support or opposition as follows: - MME - 1. Solomon Condiotti, Vice President of Danco Management Inc. (Shared contents of above- referenced letter) 2. Beverly Long, P.O.Box 565, Kenwood, Ca. 95452 3. Jim Redding, 450 Horn Avenue, Santa Rosa, Ca. 95407 4. Ralph Jones, Realtor, 5309 Country Club Drive 5. Steve Rogers, 4675 Fir Court Owner of real estate company & property manager 6. Howard Boggs, 5430 Commerce Blvd. 7. Beth Robertson, 4301 Hatteras (Shared contents of above- referenced letter) 8. Steve Bateman, 186 Avram Avenue, #33 Resident Manager of apartment conplex -22 - 1. Linda Branscomb, 21 Anne 2. Ben Friedman, 7323 College View Drive (Recent initiator of proposed ordinance) 3. Andrea Janelle, 922 Elizabeth Avenue 1. Carola Clark, 263 Fig Court, indicated she was a former real estate agent and got out of the business because of vandalism, and said she finally did what the previous speaker suggested. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 9:12 p.m. Council discussion followed during which differing opinions were expressed regarding this matter concluding in consent by Councilwoman Gallagher to table her motion to introduce the ordinance for payment of interest on security deposits until the next Council meeting when all five Councilmembers will be present to consider and vote on same. Mayor Hollingsworth said he would like to make a statement regarding this matter in that the Constitution represents all people whether landlords or tenants and both have certain rights. Certainly, if all landlords got out of the business, it would override the growth problem and only complicate matters. What was heard here tonight is that all related costs are passed through to the tenant so there will be no benefit to the tenants to have such an ordinance passed. It has Rohnert Park City Council Minutes (11) May 25, 1993 been said that landlords get all kinds of benefits, but this is not so with the current tax laws. All those benefits simply are not there and those who have property are very heavily taxed. Therefore, Mayor Hollingsworth said it is very appropriate to obtain the views of the full Council on this matter. He said the item would be deferred and the referenced ordinance scheduled for consideration of introduction at the next Council meeting of June 8th, 1993. Ordinance for introduction: No. Amending Section 3.04.090 of Chapter 3.04 of the Rohnert Park M- micipal Code (re. Purchasing) - Mayor Hollingsworth said this item would be deferred to the next Council agenda of June 8th, 1993 to enable consideration by the full Council. Planning and Zoning matters: File No. 1400 -Taco Bell Corporation appeal for Use Permit to operate a 24 hour drive- through window. Subject property is a one acre parcel located on the south -east corner of Bodway Parkway and E. Cotati Avenue in the CN PD (Neighborhood /Commercial) District - Planning Director Skanchy said copies were provided to Council of staff report dated April 8th, 1993 with attached Planning Commission minutes of same date and petition signatures from residents of Meridian Circle requesting denial of Taco Bell's referenced request. He shared contents therein and responded to Council questions. City Manager referenced copies provided to Council of letter dated April 20, 1993 from Laura Sechrest of Fredric Divine Associates, architects representing Taco Bell appealing the recommendation of the Planning Commission. Following discussion, a motion was made by Councilmember Reilly, seconded by Mayor Hollingsworth, and unanimously approved, to uphold Planning Commission denial of File No. 1400 regarding Taco Bell request of a 24 hour drive through window. St. Elizabeth Seton Church appeal of Rohnert Park M- micipal Code Section 15.28.065 requirement for installation of automatic fire sprinkler system and additional requirement for installation of fire hydrant for temporary classroom building at 4595 Snyder Lane - City Manager Netter said copies were provided to Council of staff report dated May 7, 1993 with related attachments regarding the referenced item. He shared contents therein as reviewed in the Council Meeting Memo and responded to Council questions. Bob Buhman, representing St. Elizabeth Seton Church, also responded to Council questions and indicated that the Bishop would not allow the facility to become permanent and that it was only authorized for a three (3) year period. Following discussion, a motion was made by Councilmember Reilly, seconded by Councilmember Gallagher, and unanimously approved, to waive installation of automatic fire sprinkler system and additional requirement for installation of fire hydrant for temporary building at St. Elizabeth Seton Church location, 4595 Snyder Lane, as requested and as recomrended by staff with definite temporary conditions with the additional conditions that for any classroom use, the students will be trained in fire drills and that St. Elizabeth Church indemnify and hold the City harmless from any claims, suits, actions, injury, damages, or other such incidents as a result of said waivers. Rohnert Park City Council Minutes (12) May 25, 1993 Mayor Hollingsworth advised that Bingo matters scheduled later on tonight's agenda would be moved forward and handled at this time as a courtesy to bingo representatives present at this meeting. Bingo matters -City Manager Netter shared contents of copies provided to Council of staff report dated May 18, 1993 regarding bingo matters as follows: 1) Forgiveness of Past Due Bingo License Fees from Pull -Tab operations (resolution for consideration) and 2) Cancellation of 1% Bingo License fee after July 1st, 1993 and Policy for Conduct of Future Audits (two options for consideration regarding possible ordinance for introduction). Mr. Netter said staff recommends the second option, or alternate ordinance for introduction because it provides allowances for the smaller bingo organizations that would not be able to afford the expense of professional audits. City Manager responded to various Council questions regarding same. Discussion followed. Residents expressed support of the alternate ordinance for above - reviewed reasons as follows: Upon motion by Councilmember Reilly, seconded by Councilmember Gallagher, and unanimously approved, reading of Ordinance No. 575 was waived and said ordinance was introduced. Mayor Hollingsworth advised that the Bicycle Committee agenda item would be handled at this time as a courtesy to representatives in the audience. Bicycle Advisory Committee Goals - City Manager Netter referenced copies provided to Council of staff report dated May 8, 1993 regarding this item with attached Bicycle Advisory Committee goals as reviewed in the Council Meeting Memo. Andrew Hutchins, Vice Chair of the Bicycle Advisory Committee, introduced representatives Linda DeBolt and Rick Luttmann and said they were available to respond to Council questions regarding the referenced goals. Following discussion, a motion was made by Mayor Hollingsworth, seconded by Councilmember Reilly, and unanimously approved, accepting the goals of the Bicycle Advisory Committee as presented. I. James M. Duggins, 6474 Sequoia Street, representing both Rohnert Park Host Lions and E1 Rancho Lions Clubs (referenced copies distributed to Council of letter supporting alternate ordinance) 2. Mo Aimaq, 8471 Liberty Avenue, Student Body President of Rancho Cotate High School '- 3. Harvey Head, President of PAL 01,42 Resolution A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL PROVIDING FORGIVENESS OF No.93 -49 PAST -DUE ONE PERCENT (1 %) BINGO LICENSE FEES FROM PULL -TAB OPERATIONS FOR THE PERIOD JANUARY 1, 1991 THROUGH OCTOBER 31, 1992 Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, and unanimously approved, reading of Resolution No. 93 -49 was waived and said resolution was adopted. Ordinance. AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 9.66 (BINGO No. 575 GAMES) OF THE ROHNERT PARK MINICIPAL CODE TO REPEAL SUBSECTION M. OF SECTION 9.66.050 AND ESTABLISHING A POLICY FOR THE CONDUCT OF BINGO AUDITS AND CTTY NDNITORING OF COWLIANCE TO ROHNERT PARK MJNICIPAL CODE CHAPTER 9.66 Upon motion by Councilmember Reilly, seconded by Councilmember Gallagher, and unanimously approved, reading of Ordinance No. 575 was waived and said ordinance was introduced. Mayor Hollingsworth advised that the Bicycle Committee agenda item would be handled at this time as a courtesy to representatives in the audience. Bicycle Advisory Committee Goals - City Manager Netter referenced copies provided to Council of staff report dated May 8, 1993 regarding this item with attached Bicycle Advisory Committee goals as reviewed in the Council Meeting Memo. Andrew Hutchins, Vice Chair of the Bicycle Advisory Committee, introduced representatives Linda DeBolt and Rick Luttmann and said they were available to respond to Council questions regarding the referenced goals. Following discussion, a motion was made by Mayor Hollingsworth, seconded by Councilmember Reilly, and unanimously approved, accepting the goals of the Bicycle Advisory Committee as presented. Rohnert Park City Council Minutes (13) May 25, 1993 Mayor Hollingsworth advised that Transportation matters would be handled at this time. Transportation matters re. ISTEA Funding - Director of Public Works /City Engineer Brust referenced copies provided to Council for information purposes and shared comments regarding applications for 1993 ISTEA fund projects as follows: 1) Rohnert Park Expressway Interchange Interim Improvements Phase I - $1.2 million; 2) Snyder Lane Bike Path - $350,000; and 3) Park and Ride Lot Highway 101/Rohnert Park Expressway at N/E Quadrant - $1,336,400. Cable Television (CATV) matters: 1) League Conference findings - Assistant to the City Manager Leivo said copies were provided to Council of his staff report dated May 21, 1993 regarding Cable TV Rate Regulation and Consumer Protection Standards. He shared contents therein and responded to various Council questions regarding same. Discussion followed. A motion was made by Councilmmber Reilly, seconded by Councilmember Gallagher, and unanimously approved, directing staff to proceed with pursuit of cable TV rate regulations as reviewed in the above staff report and process the application accordingly. A motion was made by Councilmember Reilly, seconded by Councilmember Gallagher, and unanimously approved, directing staff to notify MA tiVision of its intention to enforce specific customer service standards on July 1 or as soon thereafter as possible. 2) Live broadcasting of City Council meetings - Following discussion and a motion by Councilmember Gallagher to proceed with live broadcasting now at the current City Hall facilities that died for lack of a second, Council agreed to defer this item to the next Council meeting of June 8th, 1993 to enable review by the full Council. Conininications - Communication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. EXTEND COUNCIL MEETING - Council agreed to extend the Council meeting a few minutes in order to complete necessary items on tonight's agenda. City Manager's report: 1) Nbbile Home Rent Control Board matters - Copies were provided to Council of staff report dated May 6th, 1993 regarding a park by park summary of Nbbile Home Space Rent Control issues. 2) Golf Course decision to purchase new range ball picker - Letter dated May 14, 1993 has been received from Mountain Shadows Golf Resort confirming the referenced decision. 3) Polybutylene Pipe Claim with suppliers - Copies were provided to Council of letter dated March 15, 1993 from Attorney Edward L. Kurth of San Antonio, Texas regarding this matter requesting Rohnert Park to provide all documentation regarding the decision to allow the installation of pb pipe and the decision to prohibit further installation of pb service laterals in the City's water distribution system City Manager indicated this matter is being studied further and, if staff feels the City has a good claim, the item will be brought back for further consideration. Rohnert Park City Council Minutes (14) May 25, 1993 City Attorney's report: 1) Executive Sessions /Goals and Policies - City Attorney said this item could be deferred to the next Council meeting. Council agreed. 2) Black Property Owners Assn. vs. City of Berkeley, et al - City Attorney Flitner referenced copies provided to Council at the previous Council meeting of City of Berkeley letter dated April 16, 1993, as well as copies of his memo dated May 25, 1993 regarding same. He shared contents therein and recommended joining in this amicus brief. Council concurred. 3) Greenwood Addition Homeowners Assn. vs. City of San Marino, Los Angeles County Local Agency Formation Comnission (LAFCO) - City Attorney confirmed this item could be deferred to the next Council meeting. Matters from/for Council - Information was provided to Council as follows: 1) League of Calif. Cities, North Bay Division quarterly meeting, Adobe Creek Golf Club, Petaluma, Thurs., June 3, 1993 - 2) Televising "The Follies" - May 27th @ 7:00 p.m. Unscheduled Public Mayor Hollingsworth asked if anyone in the audience wished to make an Appearances appearance at this time. Carol Haggerty, 167 Fescue Way, requested an opportunity to provide public input to MaltiVision before it makes a final decision regarding which channels will no longer be carried. Assistant to the City Manager Leivo responded to various Council questions pertaining to the new laws for local broadcasting and confirmed there is not mach leeway regarding the matter. Beverly Bowen, 609 Corte Moreno, inquired about Council review of the Nbbile Home Park Purchase Program to which the Mayor responded that this item T as scheduled earlier on tonight's agenda but deferred to the next Council agenda of June 8, 1993 due to the absence of Council Committee Member Eck at this Cotinril meeting. George Horwedel, 7669 Camino Colegio, said he talked directly with Fran Parkey of MaltiVision about the new laws regarding local broadcasting and she confirm me confirmed she did not know yet the specifics regarding sa. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:12 p.m. De� Cit 1erK Mayor jh EL RANCHO LIONS CLUB P.O. BOX 1026 ROHNERT PARK, CA 94928 Rohnert Park City Council Our lions club was chartered in 1976 and as Lions we are members of the world's largest and most active service club organization. As of Dec 31, 1992 Lions Clubs International had 1,403.871 members in 41,467 clubs in 694 districts and 178 countries and geographic areas. One of our primary Lions Club Objects is "To take an active interest in the civic, cultural, social and moral welfare of the community ". The motto of every Lions Club is We Ser ,Ie. Whether helping the blind or hearing impaired, conducting drug or diabetes awareness campaigns, providing recreational opportunities for the handicapped or rai.sia the funds to make it all possible, service always comes first for a Lion. As a small club of 14 men we are dedicated in providing assistance to Rohnert Park by sponsoring the Boy Scouts of America Troop 23 and by supporting Founder's Day, Flag Day at Richard Crane School, Breakfast with Santa, Senior Citizens Spaghetti Dinner, Rancho Cotate High School and E1 Camino High School Scholarship Program, Sonoma State Athletic Program, Project Graduation, Special Education Banquets, Cross and Crown Youth, Gold Ridge School Programs, July 4th Celebration, Rohnert Park Community Band, Student Speaker Programs, Christmas :deals, Channel 22, White Cane Days, Eye and Hearing Care and youth sports programs. Our rp imam tun raiser for being abler to do what We rg for- the_communi�v binoma - We started working Bingo at Rancho Cotate High Sch ool in 1989 on Monday nights and moved to El Camino High School in Jul 92 and .after conducting a survey to determine that there would not be any conflict with any other local game we changed to Tuesday evening that same month. We are currently being assisted by the Rohnert Park Host Lions Club. Our gross revenue during July 1, 1991 to May 22, 1993 was $51,728.51 and after deducting for returned checks of $49.00 and less prizes paid our net bingo revenue was $1, 752. 85. We have not made a pruli it singe 'rue PAL Granted that is not a lot of money compared to the two other games in town but we are able to he!,,) a lot of local organizations who are in need Q� CDm,'IlUnity SUppor' "The intent of the Legislature in enacting Section 326.5 was to encourage the expenditure of funds for charitable designed t P ohari ties -n additi mnal__source �urpcses. �'' �a= � � of` r small -r" lundinz to vi (�P Pr�T'ra`5 eceaa yec wi t i :1 P' i_L,oy*y^lt' ^, ,•i a;� ^nt �cTTa^nP'F' ^^^ice� ',-, a:� i p ar-^ �'i ^ ^P W _ i° sT��`e� ^"�r'r? •^i a ;iE SUPPORT THE ALTERINATE ORDINARCE