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1993/05/11 City Council Minutes (3)Rohnert Park City Council Minutes May 11, 1993 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 Hollingsworth presiding. CALL TO ORDER -Mayor Hollingsworth called the regular session to order at approximately 6:32 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a Budget Work Session was held this afternoon at 5:00 p.m. to review matters pertaining to the 1993 -94 Budget. He acknowledged that no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None The Mayor advised the City Attorney Flitner was absent from tonight's Council meeting because he was attending a City Attorneys' conference and, therefore, it would be necessary to defer any legal matters from tonight's meeting to the next Council meeting. Staff present for all or part of the meeting: City Manager Netter, Assistant to the City Manager Leivo, Planning Director Skanchy and Director of Public Works /City Engineer Brust. Approval References were made to the regular Council meeting minutes of of April 27 1993 for the following corrections: Minutes Councilwoman. Spiro referenced the last paragraph on page 2 regarding her statement about being more economical to pay directly for needed security than to pay for the $500 worth of damage to her car,...change the last part of this comment to: "than to pay for the $500 deductible for damage to her car ". Ms. Spiro referenced the top paragraph on page 5 and said to include Cecelia Belle's comment that SCAYD is currently in the process of writing a grant for volunteers. Councilwoman Gallagher referenced item #11 on page 15 regarding General Plan Committee meeting related to compliance with the Brown Act and the number of Councilmembers that can attend public meetings and said, as she understands the Brown Act, three Councilmembers could be sitting in the audience of such meetings. Mayor Hollingsworth responded that the City Attorney would have to address this matter when he returns from the City Attorneys' conference. Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, the minutes of April 27, 1993 were unanimously approved as amended. Rohnert Park City Council Minutes (2) May 11, 1993 Approval Following City Manager Netter's response to various Council questions of pertaining to the list of bills, with motion by Councilmember Spiro, Bills seconded by Councilmember Gallagher, the bills presented per the attached list in the amount of $1,078,220.29 were unanimously approved. Mayor Hollingsworth said, if Council has questions about the bills, such inquiries should be reviewed with staff prior to Council meetings rather than using valuable meeting time for same. Non- agendaed Mayor Hollingsworth queried if any Councilmember had any non- agendaed matters items to add to the agenda. Councilwoman Spiro said she had a couple of miscellaneous items and Councilman Eck said he had one item that MY come up sooner during tonight's meeting. Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), anyone in the audience who wished to make 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 Caress" 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. Gordan P. Crouch (stage name), representing the recent Follies performance at the Dorothy Rohnert Spreckels Performing Arts Center, presented pink carnations and extended appreciation to Councilwoman Spiro, Councilman Eck, City Manager Netter, Assistant to the City Manager Leivo and Director of Public Works /City Engineer Brust for their time and talent to participate in the Follies. Al Barr, 5746 Dexter Circle, read a lengthy statement expressing continued concerns related to excessive noise from the range ball picker at the golf course. Following discussion Council concurred a letter should be written over the Mayor's signature to the Golf Course headquarters directing abatement of the use of the range ball picking machine /vehicle because its noise has become a real source of irritation to residents of the surrounding urea Nicholas Gribkoff, 12430 Elliott Lane, Sebastopol, referenced concerns expressed in recent letter pertaining to comamity composting costs and requesting a study session about alternatives to centralized composting plan, i.e. present County contract. City Manager Netter acknowledged that the referenced letter was received after tonight's Council agenda was finalized and the item was scheduled to be placed on the next agenda, May 25th, 1993, under Scheduled Public Appearances. Dave Mochel, 4405 Hollingsworth Circle, referenced the Levitz Furniture Corp Planning and Zoning item scheduled later on tonight's agenda. He , expressed numerous environmental concerns related to further development on the west side of the freeway, such as traffic congestion and the State's lack of funds to deal with over -pass improvements, as compared to the benefits of new sales tax revenues, Rohnert Park City Council Minutes (3) May 11, 1993 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. City Manager Netter responded to Council questions regarding same. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: 93 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF RUSTIE WOODS (RE: TRAFFIC CITATION & ALLEGED VIOLATION OF RIGHTS) 93 -41 RESOLUTION CALLING FOR SEALED PROPOSALS FOR OVERLAYS - 1993, PROJECT NO. 1993 -1 93 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAT PARK OPPOSING ANY INCREASE IN THE FEDERAL EXCISE TAX ON WINE Upon motion by Councilmember Gallagher, seconded by Councilmember Spiro, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Scheduled Public Appearance: 1) Patty Coe, 5430 Commerce Blvd., representing the Fourth of July event, reviewed reasons for requesting waiver of fees for use of stadium. She introduced PAL representative John Gomez as the person responsible for the direction of the group's use of a promoter for a 49er football players softball game and selling tickets at the gate, as reviewed in the Council Meeting Memo. Ms. Coe and Mr. Gomez responded to various Council questions regarding same. Following discussion Council concluded the necessity to retain consistency with City policy not to waive fees for use of City facilities and concurred direction to staff to place the proportionate amount of the stadium use fee on the list with other such budget items from Comninity Promotion account to be reviewed at the budget work sessions. Weed Abatement - City Manager Netter explained the resolution for consideration regarding this item as reviewed in the Council Meeting Memo. He said a public hearing had been duly noticed and scheduled at this time regarding same. Public Mayor Hollingsworth opened the public hearing at approximately Hearing 7:06 p.m. There being no one desiring to speak, the Mayor closed the public hearing. Resolution A RESOLUTION ORDERING CITY M4AGER OF THE CITY OF ROHNERT PARK TO No. 93-43 ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK Upon motion by Councilmember Eck, seconded by Councilmember Spiro, and ynanimously approved, reading of Resolution No. 93 -43 was waived and said resolution was adopted. Rohnert Park City council Minutes (4) May 11, 1993 Installation of Stop Signs at Santa Dorotea Circle and Donna Court and removal of stop signs at Santa Dorotea Circle and Dawn Court - City Manager Netter explained this item as reviewed in the Council Meeting Memo. He said a public hearing had been duly noticed and scheduled at this time regarding same. Director of Public Works /City Engineer Brust also reviewed the matter and responded to Council questions confirming that neither intersection warrants stop signs from a traffic engineering concept but signified preference to stop signs at the referenced Donna Court intersection, if stop signs are desired at one of the locations. Public Mayor Hollingsworth opened the public hearing at approximately Hearing 7:10 p.m. The following residents expressed support of retaining the stop signs at the Santa Dorotea Circle and Dawn Court intersection as well as new installation of stop signs at Santa Dorotea Circle and Donna Court with coinciding crosswalks: Marilyn Shappell, 6044 Donna Court Barry Bialkoski, 6061 Donna Court Russ Denison, 6071 Donna Court Mr. Denison presented to Council a list of signatures from numerous residents in the vicinity also confirming support of same and shared photographs showing visual problems of the intersection. There being no one further desiring to speak, the Mayor closed the public hearing at approximately 7:20 p.m. Following discussion, a motion was made by Councilmember Eck, seconded by Councilm niDer Spiro, and unanimously approved, directing staff to prepare a resolution for consideration at the next Council meeting of May 25, 1993 for installation of stop signs at Santa Dorotea Circle and Donna Court with coinciding crosswalks as requested by residents. Cable Television (CATV) matters: 1) Annual Review/Report for 1992 - City Manager Netter said copies were provided to Council of letter dated April 26, 1993 from RiltiVision Cable TV Corp. regarding this matter as reviewed in the Council _- W -eting W-m. Fran Parkey, Vice President & Regional Manager of MaltiVision Cable TV Corp., shared contents of her above- referenced letter and responded to various Council questions regarding same. 2) Impacts from new cable legislation pertaining to (a) rate regulation and other, and (b) "mast carry" rules and channel alignments - Fran Parkey shared comments regarding these impacts and responded to various Council questions. City Manager Netter also responded to Council questions including explanation pertaining to franchise agreement provisions for l'Ultivision to cover one time installation costs to enable live broadcasting of Council meetings. He confirmed Council had not yet approved the use of such funds for the current City Hall facility because of preference to retain the option for new facility possibilities. Councilmember Gallagher said, for the record, that she would like to explore more immediate possibilities for live broad- casting of Council meetings and requested this item be placed on the next Council agenda for further discussion and consideration. Rohnert Park City council Minutes (5) May 11, 1993 Keith Hallock, 1500 Baumgardner, Santa Rosa, was recognized with Mayor's consent to speak at this time. He referenced a previous inquiry about three months ago pertaining to live broadcasts of City Council meetings and asked why such live broadcasting is not yet being done since funds are available to do so according to the franchise agreement. City Nbnager Netter responded that the use of such funds for the current facility would mean no funds available for a new facility. He confirmed the item would be on the next Council agenda of May 25, 1993 for further clarification. RECESS Mayor Hollingsworth declared a recess at approximately 7:45 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 7:55 p.m. with all Councilmembers present. Planning and Zoning matter: File No. 1594 - Levitz Furniture Corp. - Site Plan and Architectural Review for 44,662 square foot furniture store proposed to be located on west side of Redwood Drive, north of and contiguous to the Scandia Family Fun Center in the CS -PD (Special Service Commercial - PUD) district - Planning Director Skanchy referenced plans on display and copies provided to Council of staff report dated April 22, 1993. He shared contents therein and responded to various Council questions. Paolo Leardini, Vice President, Levitz Furniture Corporation, 2124 Laurelwood Road, Santa Clara, CA 95054, responded to further Council questions regarding traffic concerns confirming that the development of this store would not create a high traffic area. Tom Roberts, 4649 Dowdell Avenue, Santa Rosa, requested to be placed on City mailers when items for consideration are to be reviewed pertaining to the above - referenced area. He referenced his property next to the proposed Levitz Furniture location and requested good neighbor rules be established especially related to things like noise from trash compactors. Mr. Roberts expressed further concerns regarding past comnxnications with Council and the closing of Willits Avenue. Discussion followed including consideration to table this item with concluding confirmation by the Mayor that Council is not allowed to do market surveys and that its responsibility is simply to consider such site plans and architectural reviews as presented. Councilwoman Gallagher expressed continued concerns pertaining to infrastructure and said, for the record, that she would not be able to vote on this matter without City Attorney's response to her questions. Upon motion by Counciln-k b, r Spiro, seconded by Councilmember Reilly, as recommended by the Planning Commission, File No. 1594 - Levitz Furniture Corp. site plan and architectural review was approved by the following roll call vote: AYES: (4) Councilmembers Eck, Reilly, Spiro and Mayor Hollingsworth NOES: (1) Councilmember Gallagher ABSENT: (0) None Councilwoman Gallagher confirmed she would personally call the City Attorney regarding the infrastructure questions and obtain answers by next Council meeting. Rohnert Park City council Minutes (6) May 11, 1993 Volunteer Center meeting with staff - City Manager Netter reported that staff has scheduled a meeting on June 1st, 1993 with Karen Johnson of the Volunteer Center as previously directed by Council. He shared comments, as reviewed in the Council Meeting Memo, requesting Council direction regarding the appropriateness of Councilwoman Gallagher's request to attend this staff meeting. Mayor Hollingsworth explained that there is a separation between Council and staff and, following Council direction for such meetings, Council rust let staff run their business. Council directs staff to meet with certain people regarding specified matters, afterwhich staff prepares a report regarding same for Council's further review and consideration. Such staff meetings are not public meetings and Councilmembers do not attend these meetings, unless staff extends an invitation to do so. The only ones allowed to go to the staff meetings are duly appointed Councilmmbers specifically directed by Council to attend same. Councilwoman Gallagher responded, for the record, that she felt at this time that there is an organized effort to keep her from working on this project and was making a request to be at that staff meeting. Housing Task Force meeting - City Manager Netter shared comments, as reviewed in the Council Meeting Memo, pertaining to the need for Council direction regarding the use of limited staff time for an additional night meeting as requested by a member of the Housing Task Force. Linda Branscomb, 21 Anne, confirmed her request for the above - referenced meeting and reviewed reasons for thinking it was not out of line in asking for one more meeting because she thought there were things that still needed to be discussed related to growth management items. George Horwedel, 7669 Camino Colegio, Member of the Housing Task Force, expressed appreciation to Council for creation of this Task Force and thanked Council for letting him be a part of the effort. He shared reasons he enjoyed being on the Task Force and felt the end result provided a lot of ideas for Rohnert Park to consider. Mr. Horwedel said he hoped the concept of combining COYF with the Housing Task Force would be pursued. Discussion followed concluding in motion by Councilmember Eck, seconded by Councilmember Reilly, authorizing one final Housing Task Force meeting, with appropriate staff stjt -port worka7 around conven- ience of staff time, and then to sunset the Housing Task Force at the same time scheduled for the sunsetting of the General Plan Committee at the end of its final meting to be held on May 24th, 1993, New Commission Formation suggestion - Councilman Reilly referenced copies provided to Council of his memorandum dated May 5, 1993 and shared comments therein regarding the suggestion for the formation of a new "commission" that would be more permanent than the Housing Task Force and more formal than COYF. The purpose of sam would be to create a resource for Council and staff but could function without the expenditure of valuable staff tim. Mr. Reilly responded to Council inquiry that this would be building upon COYF and maybe taking efforts toward the next logical step. Discussion followed. Rohnert Park City council Minutes (7) May 11, 1993 Councilwoman Gallagher referred to comments made during above - referenced discussion pertaining to the incorporation of COYF and allowing the Housing Task Force to evolve into the next step and said she wanted it to be known that favoritism is coming across very clearly regarding staff's treatment of one Councilmember over another related to available staff time to COYF compared to the Housing Task Force. Councilwoman Spiro responded that this is not a staff issue, but staff was given direction by the majority of the City Council. Councilman Reilly leaves - Councilman Reilly left the chamber at approximately 9:05 p.m. Following further discussion Council concurred direction to staff to review models of other cities regarding such commissions that deal with elements of various human services and work without staff time; that following Council review based on said findings, consideration can then be given to scheduling a public hearing regarding same on a future Council agenda; and that the timing of said direction to staff would be in mid -July following completion of 1993 -94 Budget. Councilman Reilly returns - Councilman Reilly returned to the Chamber at approximately 9:09 p.m. Public Safety Child Identification System for computer system, i.e. CD ROM, implemented by the City of Campbell - Councilmember Reilly referenced copies provided to Council of City of Campbell News Release dated April 27, 1993 with various informational attachments and shared comments in support of this computerized Public Safety Child Identification System. Discussion concluded in Council direction to City Manager to contact the City of Campbell for more details regarding the particulars of this system for further Council review and consideration. Purchasing Policy /City of Santa Rosa's proposed ordinance relative to purchasing from local vendors - City Manager Netter referenced copies provided to Council of Santa Rosa's proposed ordinance for Purchasing Policy. He shared comments regarding this matter as reviewed in the Council Meeting Memo. Following discussion a motion was made by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, directing staff to prepare a similar purchasing policy ordinance for Council's consideration with inclusion of application to "verbal" as well as "written" bids referenced in the content of the Santa Rosa proposed ordinance, Roman Numeral Item No. V. Theoretical Wastewater Capacity Report Rohnert Park City Council Agenda - Director of Public Work /City Engineer Brust said copies were provided to Council of this report as of May 1, 1993. He shared contents therein as reviewed in the Council Meeting Memo and responded to various Council questions regarding same confirming computations to equivalent housing units of approximately 336 units based on single family units, or approximately 470 units based on multiple family units. Rohnert Park City council Minutes (8) May 11, 1993 Sonoma County Agricultural Preservation & Open Space District - Matching Grant Program .Letter from David Hansen, Executive Director, Open Space District - City Manager Netter referenced copies provided to Council of the letter dated April 20, 1993 regarding the referenced item and explained contents as reviewed in the Council Meeting Memo. City Manager and Councilman Eck responded to various Council questions regarding same. Following discussion Council agreed that its priority consideration for the Open Space matching grant program would be the land extremely north of the golf course. Staff should complete the application with the match being wastewater irrigation on said lands. Transportation matters: 1) Sonoma County Transportation Authority (SCTA) May 3rd, 1993 agenda regarding regional government - Director of Public Works /City Engineer Brust said copies of this item were provided to Council for its information. 2) Commerce Blvd. bus turnout (southbound in front of Albertson's) - Director of Public Works /City Engineer Brust referenced plans on display and shared comments as reviewed in the Council Feting Memo regarding this matter. He responded to Council questions confirming preliminary approval from Hugh Codding and that construction costs would be covered by Sonoma County Transit under the inspection services of the City of Rohnert Park. Council concurred. Comiun.ications -Com unications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1) Councilwoman Spiro referenced item No. 4 on Comrunications from William S. Snell, Attorney, regarding budget concerns and opposition to Landscape and Lighting tax. She expressed appreciation for the well written letter and recommended an appropriate response from City Hall. Council agreed. 2) Councilwoman Spiro referenced item No. 16 on Comrunications from the Volunteer Center of Sonoma County regarding invitation for participants in plans for "Hands Across the Country" Third Annual Event scheduled this year for September 25, 1993. Ms. Spiro said this sounds like a great idea and recomrended the information be passed on to the schools as well as to T's Academy. Council agreed. 3) Councilman Eck referenced item No. 9 from Quaker Hill Development Corporation regarding objection to inclusion of their land in Army Corps of Engineers suspension of Nationwide Permit #26. He expressed concerns related to the recent behavior of the Army Corps of Engineers in Santa Rosa whereby arrests were threatened. City Manager Netter confirmed City's request to delete specified northerly City area from the Nationwide Permit #26 as signified by the following Communications item No. 10 letter from the Planning Department to the Army Corps of Engineers. Rohnert Park City council Minutes (9) May 11, 1993 4) City Manager Netter referenced item No. 8 on Communications from the City Administrative Office regarding updated 1993 City Clerks Handbook from League of California Cities with specific attention to recommended format for City Council Minutes. Because of the time consuming efforts involved for staff to provide discussion content minutes, City Nanager recommended following the described format for action minutes. Following discussion involving differing opinions regarding inclusion of discussion content in Council meeting minutes, Council directed staff to proceed with action minutes as recommended by staff, at least on a trial basis to see how it works, with objection signified for the record by Councilwoman Spiro that she was not in favor of this direction. City Manager's report: 1) Update on State budget - City Manager Netter referenced copies provided to Council of the League of California Cities publication "Red Ink Alert" Number Nine dated April 30, 1993 and shared comments pertaining to update on State budget for informational purposes. 2) Proposed booking fees and update on AB 2286 regarding recovery of booking fees - City Manager Netter referenced copies provided to Council correspondence dated April 30, 1993 from the Office of County Administrator regarding this matter which redefines allowable administrative costs and might allow cities to recoup accordingly. 3) Population as of January 1993 - City Manager Netter said copies were provided to Council of Sonoma County population report dated April 26, 1993 confirming Rohnert Park's population as of January 1st, 1993 at 38,904 which would be certified by Planning Director Skanchy. 4 ) Community Deve 1 opment Comni s s i on - Recomnendat i on to County Board of Supervisors regarding CDBG Funding - City Manager Netter said copies were provided to Council of FY 1993 -94 Comninity Development Block Grant Program City /Town Proposals and Summary for FY 1993 -94 CDBG Target Area & Countywide Proposals. Assistant to the City Manager Leivo shared contents therein pointing out Rohnert Park's amount of funds requested totaled $256,330 with responding TAC recommendation, which is not final, in the amount of $223,500. 5) County Reorganization - City Manager Netter referenced copies provided to Council of FAX comnin.ications from Sonoma County Personnel and shared comments updating Council on Sonoma County reorganization. 6) City Manager Netter confirmed Council direction that the next City Council meeting of May 25, 1993 would start at 5:00 p.m. with supper break at 6:30 p.m. in order to enable sufficient public hearing time for 1993 -94 Budget between 7:00 p.m. and 8:00 p.m. Council agreed separate notices regarding the public hearing for the budget should be sent to relevant groups, such as Economic Summit and Senior Advisory Committee, as well as the usual notices in local newspapers. The Mayor specifically requested that both the Agenda and Council rhetoric be kept short for this next Council meeting of May 25 in order to provide adequate time for the referenced public hearing. City Attorney's report: Black Property Owners Assn. vs. City of Berkeley, et al - City Manager Netter confirmed this item would be deferred to the next Council meeting due to City Attorney's absence from tonight's meeting, as previously explained at the beginning of this meeting. Rohnert Park City council Minutes (10) May 11, 1993 Matters from/for Council: 1) Mayors' & Councilmembers' Association /changes in by -laws - Mayor Hollingsworth referenced copies provided to Council of the referenced by -laws with various informational attachments and confirmed review of same. He commented on the changes in voting procedures. 2) LAFCO alternate member appointment and policy regarding Association Members holding more than one major appointment - Mayor Hollingsworth referenced copies provided to Council of FAX communications to City Selection Committee Members dated April 28, 1993 from Cloverdale Mayor John Doble, and shared com ants regarding this matter. 3) Mayors' & Councilmembers' Association general meeting to be held at Marty's Top O' The Hill Restaurant in Sebastopol at 6:30 p.m., Thursday, May 13, 1993 - Mayor Hollingsworth announced this meeting. 5) Mayor Hollingsworth responded to Councilwoman. Gallagher's inquiry with confirmation that the composting item requested by the gentleman at the beginning of tonight's meeting would be scheduled on the next City Council meeting of May 25, 1993. 6) Councilwoman Gallagher said recent communications from San Diego County and Waste Management should also be included on the next Council agenda of May 25, 1993. 7) City Manager Netter responded to Councilwoman Gallagher's inquiry that the previously referenced School Conumications Committee meeting was being held off because the School District wanted to have its joint meeting with the City of Cotati prior to scheduling the committee meeting. He will confirm the meeting date this week. Lhscheduled Public Mayor Hollingsworth asked if anyone in the audience wished to make an Appearances appearance at this time. George Horwedel, 7669 Camino Colegio, said he was the person that made the reference to the term "paper tiger" as mentioned earlier tonight during Council discussion of MYF and Housing Task Force issues. He said the comient was his idea on the evidence that he really felt it was an appropriate title based on his own research and not the opinion of another Councilperson. He said he wanted to clarify that no one asked him to say that on their behalf. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 9:47 p.m. to 5:00 p.m. on May 25, 1993 for purpose as reviewed above in City Manager's Report to allow sufficient time during regular session for 1993 -94 Budget hearing. De CiW 4dekk jh Mayor