Loading...
1993/04/27 City Council MinutesRohnert Park City Council Minutes April 27, 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 6:45 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 revenue options and other matters pertaining to the 1993 -94 Budget and a closed session commenced this evening at 6:00 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: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None 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 and Recreation Director Pekkain. Approval References were made to the regular Council meeting minutes of of April for the following corrections: Minutes City Manager Netter referenced bottom of page 6 pertaining to Councilwoman Gallagher's backyard composting /waste prevention letter with attachments and said a staff recording correction should be made to the minutes signifying "copy attached to original set of these minutes "; Councilmember Spiro referenced page 11, second paragraph, and said the statement "the survey initially started out from Cecelia Belle's SCAYD program" should be corrected to "the survey initially started from COYF and that Cecelia Belle, who is now Director of the SCAYD program, was on the COYF Committee when the survey was initiated "; Councilmember Spiro referenced page 7 pertaining to Council composting /yard waste JPA discussion and said for the benefit of Council and when a statement is made by a Councilmember that is important, it needs to be incorporated into the minutes. She said Councilman Eck's statement during the referenced discussion should be inserted "that documents related to a Councilmember's concern should be provided for Council review prior to a Council meeting rather than dealing with 11th hour or surprise presentations during Council meetings "; Rohnert Park City Council Minutes (2) April 27, 1993 City Attorney Flitner referenced City Attorney's report of same minutes and said further information should be provided to the last paragraph on page 17 in the Sime case explanation following the wards "generally speaking ". Mr. Flitner said it should be clarified that it is the position of the mobile home parks owners, not the City's, that the contract had been breached. Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, with Councilmember Reilly abstaining from March 30th and April 13th minutes due to absence from said meetings, the minutes of NHrch 30, April 6, and April 13, 1993 were unanimously approved as amended. Approval Upon motion by Councilmember Gallagher, seconded by Councilmember Eck, of the bills presented per the attached list in the amount of Bills $396,780.02 were unanimously approved. Non- agendaed Mayor Hollingsworth queried if any Councilmember had any non - agendaed matters items to add to the agenda. Councilment ers Eck and Spiro said they each had a couple of miscellaneous items to add. 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 mast 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. Diane Parker, 6301 State Farm Drive, expressed concern about the lack of security at the Performing Arts Center for the recent performances of Finocchio's. She said efforts resulted in good attendance but six cars were broken into on the first night of the performance and two cars were broken into on the second night. She said it is very hard to encourage people to come to performances if they cannot feel comfortable about the security of their vehicles in the parking lot. Nis. Parker recommended that the City provide adequate surveillance of the parking lot during performances at the Performing Arts Center. Discussion followed during which Councilwoman Spiro confirmed her car was one of the vehicles that was broken into during one of the performances. She said her car was the first car right out front and was not in an unlighted, inconspicuous area toward the back. Nis. Spiro said it would have been more economical to pay directly for the needed security than to pay for the $500* worth of damage that was done to her car. City Manager Netter explained that the City has actually provided security guards for the Symphony in the past. He said there has been a total of nine incidents at the referenced parking lot of which six took place on the above- referenced evening. Phlr. Netter said staff is already working on establishing further procedures for the provision of adequate security that will probably include additional charges to the rental groups, but agreed to make sure security was provided. *CORRECTION from 5/11/93 Council meeting: Change "$500 worth of damage" to 1500 deductible for damage ". Rohnert Park City Council Minutes (3) April 27, 1993 George Horwedel, 7669 Camino Colegio, said his comments at this time were to follow up on convents he made at the previous City Council meeting. He referenced copies distributed to Council of his five page letter (copy attached to original set of these minutes) expressing his concerns related to the proposal of merging the Housing Task Force efforts in with the COYF Committee. He shared contents therein including recommendations for various changes in procedure requirements and for making appointments, as well as recommendation to combine the two groups with a new name. Cecelia Belle, 461 High Street, Sebastopol, said she was here tonight as Director of SCAYD (Sonoma County Associates for Youth Development) to convent on State funding priorities. She said there had been a lot of support from the City of Rohnert Park for the SCAYD program and she was sorry to report that SCAYD did not move into priority to merit County Human Services funding. She said they are not happy with the decision and will appeal to the County Board of Supervisors.p ,p Discussion followed during which Councilmember Eck recommended a stinging letter to the Board of Supervisors regarding this matter including lack of representation for Rohnert Park. Mayor Hollingsworth said we have written our own letter expressing concerns about the situation. City Manager Netter said he had recently discussed the issue with Supervisor Tim Smith and Council would definitely want to include contact with Jim Harberson, Ernie Carpenter and Mike Cale regarding same. A motion was made by Councilmember Eck, seconded by Councilmember Gallagher, and unanimously approved, directing a letter over the Mayor's signature to the Board of Supervisors expressing above - reviewed concerns related to representation and distribution of local funding. 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. 93-34 RESOLUTION DECLARING WEEDS GROWING UPON OR IN FRONT OF CERTAIN PROPERTIES WITHIN THE CITY OF ROHNERT PARK TO BE A PUBLIC NUISANCE, DIRECTING THE CITY M?NAGER TO POST NOTICE THEREOF, AND DETR:tMCNING HEARING DATES AS REQUIRED BY CHAPTER 8.08 OF THE ROHNERT PARK "ICIPAL CODE Rohnert Park City Council Minutes (4) April 27, 1993 No.93 -35 RESOLUTION AUTHORIZING SALARY ADJUSTMENTS FOR CERTAIN PART -TIME RECREATION POSITIONS N0.93 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN EXTENSION TO THE LEASE AGREES E WITH SONOMA COUNTY PEOPLE FOR ECONOMIC OPPORTUNITY (Re. Use of Burton Avenue Recreation Center) No.93 -37 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT AND APPLICABLE STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 1993 -94 No. 93-38 A RESOLUTION OF THE CITY COL14CIL OF THE CITY OF ROHNERT PARK UPDATING AND ESTABLISHING A POLICY AGAINST HARASSMENT AND ESTABLISHING A COMPLAINT PROCEDURE Approval of contribution in the amount of $250 in response to Rancho Cotate High School letter request for donation towards Academic Achievement Awards Upon motion by Councilmember Eck, seconded by Councilmember Gallagher, the Consent Calendar, as outlined on the meeting's agenda, was unanimously approved. Scheduled Public Appearances: 1) Karen Johnson, Director, Volunteer Center of Sonoma County, expressed appreciation to Council for the invitation and opportunity to discuss grass roots efforts toward the establishment of a satellite center in Rohnert Park. She reviewed the history, office locations and purpose of the organization which is to sustain and assist non - profits toward effective results for various programs benefiting the human race. She reviewed previous conumications with Dawna Gallagher about a year and a half ago, via Ms. Gallagher's representation on Leadership Rohnert Park (LRP) at the time, regarding the possibilities of establishing a satellite center in Rohnert Park, as well as more recent phone com mications from Mr. Jim Park, Rohnert Park's Youth and Family Services Manager, regarding the possibility of office space in the Codding Center, phone lines, start u f„nds etc. regarding same. Further communications were made with LRP, since the idea initially came from that direction, but LRP has had other things to deal with including financial stability. Ms. Johnson confirmed she was here tonight to learn the desires of City Council for the upcoming year regarding pursuit of this project. Discussion followed during which Council expressed complimentary commnts about this proposal and agreed the idea is worth pursuing, especially with the possibility that it could be accomplished without a major fiscal outlay. Councilwoman Gallagher said she would like to be appointed to the Council Committee for this effort, when and if the project can be pursued. Council concurred that Ms. Johnson should meet with Youth and Family Services Manager Jim Park and City Ninager to prepare a proposal for a satellite center in Rohnert Park for Council review and further consideration. Rohnert Park City Council Minutes (5) April 27, 1993 Cecelia Belle, SCAYD Executive Director, 461 High Street, Sebastopol, responded to 2) Russ Denison, 6071 Donna Court, regarding request for 4 -way stop signs at Santa Dorotea Circle and Donna Court - Mr. Denison shared reasons for this request and which he said agrees with opinion of many of the surrounding neighbors of the referenced area. He gave exanples of many close calls toward accidents and said the problem is not just related to speed but also related to poor visibility due to the angle of the corner as well as the particular landscaping at the location. Mr. Denison responded to various Council questions regarding same. Ed Spring, 6074 Donna Court, and Pat Jackson, Professor of Criminal Law at Sonoma State University, 6068 Donna Court, also shared confirming comments in support of stop signs at the referenced location. Discussion followed during which Director of Public Works, City Engineer Brust responded to various Council questions regarding this matter confirming that staff had recommended against placement of other stop signs at other intersections in the referenced vicinity but agreed the above- reviewed location is probably the most difficult, even though there has only been one recorded accident at same. M'. Brust said, if he were to choose one location over another for the placement of stop signs, it would probably be for the Santa Dorotea Circle and Donna Court intersection as requested tonight; however, the intersection does not warrant the stop signs from a traffic engineering concept. He responded to Council inquiry that, if stop signs are placed at this location, the ones recently placed at Santa Dorotea at Dawn Drive should be removed. Council further reviewed the complexities involved with the placement of stop signs including comments on recent numerous requests for same. The Mayor pointed out that if stop signs are going to be removed, surrounding residents should be informed prior to such action and a public hearing should be scheduled regarding same. A motion was made by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, to hold a public hearing and notify all residents close to the intersections involved for consideration of installing a stop sign at Santa Dorotea Circle and Donna Court and removing one stop sign at Santa Dorotea at Dawn Drive. Nhyor's consent to speak, as requested earlier, regarding this matter. She said she had not yet had the opportunity to speak personally with Volunteer Center Director Karen Johnson, but intended to do so in the near future. Nis. Belle shared comments encouraging development of the satellite center in Rohnert Park. She encouraged Council to work together with the Volunteer Center and said she would also enjoy working with the opportunity in a coordinated fashion to stop duplication of services. Ms. Belle confirmed that their organization** has brought several million dollars into the area in the short time of three to four years and intends to continue its value to the community especially with interests toward youth issues, low income families, etc. City Council concurred to have Cecelia Belle join in on the discussions of a volunteer center and to meet with Karen Johnson and City staff. ORRECTION from 5/11/93 Council meeting: include comment that SCAYD is currently in the rocess of Councilwoman Gallagher responded that with the County reorganization riting a grant and potential budget cuts on human services, there may not be or volunteers. resources available. She said that is why such human services need to be here and agreed with the need to work together. 2) Russ Denison, 6071 Donna Court, regarding request for 4 -way stop signs at Santa Dorotea Circle and Donna Court - Mr. Denison shared reasons for this request and which he said agrees with opinion of many of the surrounding neighbors of the referenced area. He gave exanples of many close calls toward accidents and said the problem is not just related to speed but also related to poor visibility due to the angle of the corner as well as the particular landscaping at the location. Mr. Denison responded to various Council questions regarding same. Ed Spring, 6074 Donna Court, and Pat Jackson, Professor of Criminal Law at Sonoma State University, 6068 Donna Court, also shared confirming comments in support of stop signs at the referenced location. Discussion followed during which Director of Public Works, City Engineer Brust responded to various Council questions regarding this matter confirming that staff had recommended against placement of other stop signs at other intersections in the referenced vicinity but agreed the above- reviewed location is probably the most difficult, even though there has only been one recorded accident at same. M'. Brust said, if he were to choose one location over another for the placement of stop signs, it would probably be for the Santa Dorotea Circle and Donna Court intersection as requested tonight; however, the intersection does not warrant the stop signs from a traffic engineering concept. He responded to Council inquiry that, if stop signs are placed at this location, the ones recently placed at Santa Dorotea at Dawn Drive should be removed. Council further reviewed the complexities involved with the placement of stop signs including comments on recent numerous requests for same. The Mayor pointed out that if stop signs are going to be removed, surrounding residents should be informed prior to such action and a public hearing should be scheduled regarding same. A motion was made by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, to hold a public hearing and notify all residents close to the intersections involved for consideration of installing a stop sign at Santa Dorotea Circle and Donna Court and removing one stop sign at Santa Dorotea at Dawn Drive. Rohnert Park City Council Minutes (6) April 27, 1993 Patty Coe, representing Fourth of July event and request for waiver of fees for use of stadium - City Manager Netter advised that Patty Coe was unable to attend tonight's meeting and, therefore, she requested this item be deferred to the next regular City Council meeting of May 11, 1993. Council agreed. Parks and Recreation matters: 1) 24 Hour Relay challenge - request for yearly family pool membership as award to outstanding participants - City Manager Netter explained content of staff report provided to Council regarding this request as reviewed in the Council meeting memo. Upon motion by Councilmember Spiro, seconded by Councilmember Eck, donation of the annual family pool membership as an award to outstanding participants of the 24 -Hour Relay Challenge, was unanimously approved, as recommended by the Parks and Recreation Commission. 2) Proposed closing of Alicia Park Little League field for Babe Ruth Bambino League State Tournament - Recreation Director Pekkain said copies were provided to Council of letter dated April 21, 1993 from Babe Ruth Bambino Baseball, Inc. along with staff report regarding this request. He shared contents therein as reviewed in the Council Meeting Memo and responded to various Council questions confirming the need for turf restoration time of the referenced field prior to the state tournament. Discussion followed. Upon motion by Councilmember Eck, seconded by Councilmember Spiro, consent to close Alicia Park Little League field for needed turf restoration time, as requested by Babe Ruth Bambino League and as recommended by the Parks and Recreation Commission, including Council direction that an appropriate temporary sign be installed at the field advising reasons for this action in words that can be understood by Youths, was unanimously approved. 3) Recreation facilities fees and changes in use policy - Recreation Director Pekkain referenced staff report provided to Council and shared contents therein as reviewed in the Council Meeting Memo. He responded to various Council questions regarding same confirming that separate packets are distributed to applicants of facility users pertaining to requirements of participation in the Hospitality Program when functions include serving alcohol. He agreed with Council comment that security requirements should be consistent, as outlined on page 5 of the policy reviewed herein, with specific reference to security needs of the Performing Arts Center as previously reviewed earlier tonight. Upon motion by Councilmember Eck, seconded by Councilmember Reilly, as recommended by Parks and Recreation Commission, the Recreation facilities fees and changes in use policy were unanimously approved. Rohnert Park City Council Minutes (7) April 27, 1993 Bingo operations update re. gross receipts - City Manager Netter explained the resolution for consideration regarding this matter which was prepared by City Attorney Flitner. Mr. Netter shared contents therein as reviewed in the Council Meeting Memo and which was covered in more detail in the April 21, 1993 staff report provided to Council. City Manager Netter advised results of the referenced meeting with PAL representatives on Friday, April 23, 1993 to discuss the payment plan options for past pull -tab receipts. Mr. Netter said PAL representatives Mr. Harvey Head, President, and Bobby Brown were present at tonight's meeting to respond to this matter. City Manager Netter explained that Mr. Head disagrees with the definition of gross receipts on pull -tab sales and feels that pull -tab sales should be reported based on gross profit because only a specified amount can be realized by PAL. Mr. Netter shared the example given by Mr. Head. Lengthy discussion ensued regarding the various complexities of this matter comparing the City's responsibility and obligations as the licensing agent to the logic of concerns expressed by PAL. A motion was made by Councilmember Gallagher, seconded by Councilmember Eck, to charge 1% on the gross profit of pull -tabs for pull -tab sales for the period of January 1, 1991 to October 31, 1992. Said motion was approved by the following roll call vote: AYES: (4) Councilmembers Eck, Gallagher, Reilly and Mayor Hollingsworth NOES: (1) Councilmember Spiro ABSENT: (0) None Councilmember Spiro said she could not support the motion because it is in direct conflict of what the state law requires. State law is very clear regarding what we should be doing related to gross sales. City Manager Netter advised that this action only takes care of the past and Council still needs to establish the above - reviewed policies for use of bingo license fees and for the conducting of future bingo audits. Further discussion followed. A motion was made by Councilmember Spiro, seconded by Councilmember Gallagher, to have the bingo organizations provide an audited financial statement prepared by a qualified C.P.A. at their own cost per the standard procedures required by the State. City Manager Netter explained that the only problem with this stipulation is that the smaller bingo operations cannot afford the cost of an average audit. Councilman Eck suggested there might be auditors available who would volunteer their auditing services for the smaller non - profit organizations. Harvey Head, President of PAL, said he would not want to see the City get into costing the smaller non - profits, since an auditing financial fee is quite expensive, and the smaller organizations cannot afford it. Mr. Head referenced City Manager's outline of requirements for the smaller non- profits and said they have to report to the state and, if there is anything wrong with the way the money is spent, there is a way to check into that. He said, however, that PAL could probably afford the audits and would much rather pay $5,000 to an auditor than pay $24,000 to the City. Rohnert Park City Council Minutes (8) April 27, 1993 Mayor Hollingsworth recommended amending the above motion accordingly since all the City needs to know is whether such a non - profit organization is meeting the requirements of the state law. Councilmember Spiro responded that from personal experience, there is only one problem with this recommendation in that such financial statements to the state are conpiled from numbers provided with a disclaimer from the C.P.A. and she wondered if that would fulfill the responsibilities of the auditing agency. A motion was made by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, to table the above motion for 30 days until after City Attorney can review the entire bingo matter and include this in his above - directed report at the May 25th, 1993 Council meeting. Mr. Head said the state does not require the non - profits to conduct an audit. City Manager Netter responded, however, that the City has an obligation as the regulatory body to make sure the assets of such operations are protected, the organization has sufficient internal controls and that bingo proceeds are spend for charitable purposes. He said the audits have been used to ensure this. RECESS Mayor Hollingsworth declared a recess at approximately 8:09 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 8:15 p.m. with all Councilmembers present. Kaufman. and Broad -South Bay, Inc. letter request to perform calculations on sewer capacity relative to the retrofit program - City Manager Netter said copies were provided to Council of letter dated April 19, 1993 from Kaufman & Broad regarding sewer allocation for the two (2) Hewlett Packard (HP) residential properties proposal along Camino Colegio totaling approximately 291 single - family homes. He shared comments as reviewed in the Council Meeting Memo. City Manager Netter and Director of Public Works /City Engineer Brust responded to Council questions pertaining to the concept and request for down- sizing the density zoning and potential sewer capacity from the City's new retrofit program for development of residential units on the Hewlett Packard land. Peter Benson, Mtanager, Land & Planriinrr for Kaufman and Broad, referenced additional copies distributed to Council of Kaufman and Broad's Countryside Grand Opening of its decorated models in Petaluma on Saturday, May ist, 1993. He shared further details pertaining to tonight's letter and request. Mr. Benson responded to Council inquiry that the agreement relating to completion of the extension of Bodway Parkway is not binding to Kaufman and Broad if the purchase agreement is not consummated. He said the project is focused toward affordable housing in the range of approximately $160,000 to the low $200,000 and confirmed upgraded design of post tension slab floors. Mr. Benson said it is understood they are competing with everyone else for sewer capacity and said right now the attempt is to review alternatives. City Engineer Brust responded to Council inquiry confirming that the referenced sewer capacity calculations (theoretical calculations) were not that difficult to prepare and he would report on same for Council's review at the next Council meeting. Mayor Hollingsworth said Kaufman and Broad should not rely on theoretical numbers and maybe should consider Hewlett Packard's available capacity. Rohnert Park City Council Minutes (9) April 27, 1993 Planning and Zoning matters: 1) File No. 1585 - Codding Enterprises - Receipt of Focused EIR proposals for Laguna Apartments project to be located on south side of Laguna Drive, north of and contiguous to Rancho Feliz Mobile Home Park - City Manager Netter said copies were provided to Council of the referenced proposals, specifically Elgar Hill in the amount of $19,890 and LSA Associates, Inc. in the amount of $69,915. He shared comments therein as reviewed in the Council Meeting Memo and responded to Council questions regarding same. Upon motion by Councilmember Gallagher, seconded by Councilmember Spiro, the lower proposal in the amount of $19,890 from Elgar Hill for File No. 1585 - Laguna Apartments Focused EIR, was unanimously approved. 2) File No. 1527 - Review of conditional use permit process to allow potbellied pigs in residential districts - City Manager Netter referenced copies provided to Council of previous ordinance and resolution adopted in April of 1992 regarding this matter, as reviewed in the Council Meeting Memo, confirming one of the conditions of the resolution was that the matter be subject to Council's review one year from its adoption. Mayor Hollingsworth responded to Council request to defer this item to the first Council meeting in May because the original initiator of the idea was unable to attend tonight's meeting. The Mayor said deferring the matter would probably not be necessary since the intent is simply to review the process to see how it is working. City Manager Netter confirmed there had been no reported problems related to allowing pot belly pigs in residential districts with the exception of the one recent complaint as reviewed in the above- referenced staff report and scheduled for review at the Planning Commission meeting of April 22nd. The use permit process seems to be working and staff recommends Council concurrence to continue under the existing procedures. Katherine Collins, 828 Lilac Way, said it was her understanding that the establishment of the use permits was to keep track of the pot belly pigs during the trial period and questioned continuance of the ordinance. Council responses clarified that the ordinance was not on a one year trial basis but that use permits were subject to review one year after issuance with confirmation that this is a very important part of the ordinance which allows the City to revoke permits if a real problem occurs. Ms. Collins said there were a lot of people in the community with pot belly pigs that she did not think has use permits and she just wanted them to be legally licensed. Council concurred to existing procedures pertaining to allowing pot belly pigs in residential districts and to review procedures again in twelve months. Composting /Yard Waste joint powers agreement - Assistant to the City Manager Leivo updated Council on this matter and reported that the Sonoma County Waste Management Agency has continued its meeting to May 5th, 1993. He said if for some reason the Agency does not proceed with the contract, there will be a proposed contract with Sonoma County and several of the cities to accomplish the same thing. Rohnert Park City Council Minutes (10) April 27, 1993 Payment of interest on security deposits on rental units - City Attorney Flitner referenced copies provided to Council of his memorandum dated April 21, 1993 regarding this matter. He shared comments as reviewed in the Council Meeting Memo and responded to various Council questions regarding same confirming his opinion that the City can enact reasonable regulations providing for relations between landlords and tenants if the provisions do not contradict, amend, or alter state law. Mr. Flitner pointed out, however, that the responsibility of enforcement of such provisions should be between private parties and not through City forces, since the matter is not a direct municipal concern to the City. Discussion followed. A motion was made by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, directing City Attorney to prepare an ordinance for consideration as reviewed above pertaining to payment of interest on rental unit security deposits. Mayor Hollingsworth confirmed a duly noticed public hearing would be held regarding this matter following the City Attorney's preparation of the referenced ordinance. He said separate public hearing notices should be provided to all realtors and property managements within the city limits. Council agreed. Ben Friedman, 7323 College View Drive #501, acknowledged distribution of his letter regarding this matter at the previous Council meeting and expressed concerns pertaining to lack of response from an ad he recently placed in the Press Democrat regarding same. He asked if numerous realtors and property managers opposed this issue at the public hearing, and he is the only person that shows up to support it, would that mean Council would give no further consideration to it? The Mayor responded no and signified that the issue would be considered according to the needs of the community. City's undergrounding projects and Rule 20A funds - City Manager Netter referenced copies provided to Council of various items related to this matter, as briefly reviewed at the previous Council meeting, including project identification map specifically related to description of the Adrian Drive 7 -nder g ---,ndiig project. ile shared ms coiii��t� th erein as reviewed in the Council Meeting Memo. Discussion followed during which City Manager Netter and Director of Public Works /City Engineer Brust responded to Council questions pertaining to Rule 20A funds for undergrounding projects confirming the need to use other funding sources for house service connections and street lighting costs. Mr. Netter indicated this funding could come from the reserve for housing programs from the 1984 Bond program. A motion was made by Councilmember Eck, seconded by Councilmember Gallagher, and unanimously approved, to proceed with action on above - reviewed undergrounding project of Adrian Drive from East Cotati Avenue to Santa Barbara Court in the amount of approximately $487,000 and implementation for Rule 20A funds, as recommended by staff, provided necessary supplemental funding is available through sources other than General funds. Rohnert Park City Council Minutes (11) April 27, 1993 Possible transit stops in Rohnert Park - Director of Public Works /City Engineer Brust said copies were provided to Council of map signifying potential transit stations in the City of Rohnert Park (copy attached to original set of these minutes). He shared comments as reviewed in the Council Meeting Memo identifying the seven potential sites and responded to various Council questions regarding same. Ralph Jones, 5309 Country Club Drive, pointed out that as a realtor in the area, he has monitored property along the tracks. There are a number of parcels in Cotati that have been condemned along East Cotati Avenue and Industrial until transit decisions are made. The City will not permit development on the parcels next to the car wash until this happens. The General Plan Committee has also reviewed the rapid transit matter whereby one of those sites had been recommended. Discussion followed during which Council concluded the need to correlate with Cotati via 2 x 2 Committee Meeting for a possible central transit station location along East Cotati Avenue; preference was signified toward Red Lion Plaza but consideration could be given to Seed Farm Drive extension in that the land in that location might be better used as a transit station concluding this could also be reviewed in the 2 x 2 Committee Meeting with Cotati; reference was made to the Park and Ride lot by Roberts Lake Road with recommendation of a double -deck parking structure at that location because of all the cars currently parked up and down that road; and, with confirmation by Councilmember Eck that he would be attending an Open Space meeting on Wednesday evening, it was recommended he should approach the County about the northern location by Wal -Mart for a potential transit station. Council agreed consideration of these potential transit stations should be adequate at this time and said the General Plan Committee might want to consider same in its final draft. Council meetings tape recorded - Councilmember Spiro said this was not an agenda item but noticed a Councilmember was taping the meeting and asked if this was going to be done regularly as it seemed a little odd that a Councilperson would tape Council meetings. City Manager Netter confirmed Councilmember Gallagher's response that she had reviewed this matter earlier with him whereby W. Netter had said anyone is free to tape record the meeting, if desired, but advised that the official record is the written record following Council's approval of same . ABAG's request for support of AB 398 (Valerie Brown) on growth management /regional government - City Manager Netter referenced copies provided to Council of ABAG (Association of Bay Area Governments) letters dated April 12 and 14, 1993 regarding this matter, as well as letter dated April 14, 1993 from City of Suisun City with attached sample resolution expressing support of same. W. Netter said Council had requested at the previous Council meeting that this item be placed on tonight's agenda. Discussion followed during which Council agreed the referenced sample resolution had a tactful approach with both the Rohnert Park City Council Minutes (12) April 27, 1993 AB153 Nbrgan bill and the AB398 V.Brown bill but there needed to be a "whereas" section included expressing concerns about the weighted vote in representation. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No.93 -39 SUPPORTING THE CM,/MCC /ABAG PARTNERSHIP TO COORDINATE LAND USE AND TRANSPORTATION PLANNING REQUESTING THE CALIFORNIA LEGISLATURE TO DEFER ACTION ON AB153 (Nbrgan) AND AB398 (V.Brown) Upon motion by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, reading of the sample resolution was waived for the wording of Resolution No. 93 -39 with inclusion of additional paragraph expressing concerns about the weighted vote in representation, and said resolution was adopted by title and direction for staff to FAX said resolution tomorrow morning to Valerie Brown for the April 28th hearing of the Assembly Local Government Committee. Communications - Connunications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Manager's report: 1) Distribution of information relative to smoking ban in restaurants - City Manager Netter referenced copies provided to Council of staff report regarding this matter for informational purposes. Discussion followed during which Assistant to the City Manager Leivo responded to Council inquiry that the notices had already been mailed to the restaurants. 2) Rohnert Park Towing's participation in Spring Cleanup - City Manager Netter shared contents of copies provided to Council of letter request dated April 16, 1993 from Rohnert Park Towing regarding participation in this year's Spring Clean -up, as has been done in past years, with the additional request this year to be included in the City's brochure to be enclosed with the utility billing. Council agreed with confirmation that anyone interested in participating in such programs is welcome to do so and also expressed the hope that local newspapers would pick un on this and spread the Ajo; rd 3) Open House -Youth & Family Services-May 10, 1993 -4:00 to 6:00 p.m. - City Manager Netter said copies were provided to Council regarding invitation to this special occasion. 4) Report on meeting with Senator Marks - City Manager Netter reported on meeting last Friday with Senator Marks which included a representative from Assemblywoman Vivien Bronshvag's office and Assemblywoman. Valerie Brown, representatives from the County and each of the cities. Senator Marks' message supported local government. The two basic issues Senator Marks is pressing is the continuation of the 1/2 cent sales tax and a simple majority vote for increase of parcel taxes. Rohnert Park City Council Minutes (13) April 27, 1993 5) Report on meeting with State representatives re. widening of U.S. 101 from Wilfred Avenue to Steele Lane - City Manager Netter also reported on this meeting with Supervisor Tim Smith and Assemblywoman Valerie Brown and representatives from the cities and local businesses, etc. as a focus group to identify solutions to the U.S.101 traffic and transportation problems. This focus group is brainstorming on the possibility or feasibility of dusting off Measure B. City Manager will keep the Council informed as this group continues, but said if this is pursued further, it will surface at SCTA and the Mayors' and Councilmembers' Association. 6) Young Woman of the Year - City Manager Netter said Carrie Caudle will be representing Rohnert Park in the State competition for Young Woman of the Year. City Attorney's report: Amicus Brief regarding City of San Diego vs. Jipson - City Attorney Flitner referred to this amicus brief regarding asbestos applied to any buildings in San Diego whereby it was discovered that the statutes of limitations has no power and each case is reviewed building by building. Mr. Flitner confirmed review of the matter with the representative and said he did not think Rohnert Park has any problem with buildings in the City, but what they are asking for is for the benefit of the statutes of limitation. Mayor Hollingsworth responded that he might have a conflict regarding this matter since he is in the insurance business. Council agreed it would be better to deal with such issues on a case by case basis and signified preference not to join this amicus brief. Matters from/for Council: 1) Dedication of new Public Safety Building - City Manager Netter said this occasion was scheduled for Wednesday, April 28th, 1993 at 5:00 p.m. 2) Rohnert Park 'Theatre Guild - "Fabulous Follies" on May 7,8,& 9, 1993 - City Manager Netter announced this event and said he would be one of the participants, as well as Councilmember Eck, Councilmember Spiro, City Engineer Brust, Assistant to the City Manager Leivo, along with others. 3) County Human Services Commission (Spiro) - Councilmember Spiro said Cecelia Belle dealt with this item earlier during this meeting. 4) Youth Commission (Spiro) - Councilmember Spiro referenced copies provided to Council of notice from County of Sonoma Human Services Commission regarding public hearing on Tuesday, April 27, 1993 at 4:00 p.m. inviting input on preliminary recommendations for FY 1993 -94 Funding of Conrunity Services and Child Abuse Prevention, Intervention and Treatment programs. Ms. Spiro said she had requested more information regarding this matter. City Manager Netter advised he did some research into the matter including checking with the Mani Code, but it was not there. He also checked with Recreation Director Pekkain who Rohnert Park City Council Minutes (14) April 27, 1993 advised there was a commission many years ago whereby it was signified in the records of Don Kite. Councilmember Spiro said possibilities had been discussed pertaining to the Boys and Girls Club and confirmed she would pursue the matter further. 5) Opposing Federal Excise Tax on Wine - Councilmember Spiro referenced copies distributed to Council of resolutions from the cities of Cotati and Cloverdale opposing any increase on federal excise tax on wine. She recomrended Council's review of both resolutions for consideration at the next Council meeting. 6) Golf Course - Councilmember Spiro referenced letter dated April 18, 1993 from Dana House regarding suggestions to deal with various noises on golf courses. Ms. Spiro said she would also like to mention not only noise as a problem at the golf course, but people are using trees to relieve themselves rather than waiting until they can get to the restrooms. Mayor Hollingsworth responded that this matter had been addressed in the past and reviewed the complications regarding same. 7) Factory Outlet Consultants - Councilmember Spiro referenced recent conrunications from Factory Outlet Consultants whereby Rohnert Park was included in a listing of cities furnished by the United States Conference of Mayors to consider factory outlet retail stores as a potential avenue for accelerating revitalization activities. Ms. Spiro shared comments supporting the idea and recommended having the City Manager pass this material on to local developers and the Chamber of Commerce. Council concurred. 8) Sonoma Life Support - emergency medical needs insurance programs - Councilmember Spiro referenced item No. 15 on tonight's Communications list from Sonoma County Board of Supervisors pertaining to response to the City's previous inquiry regarding this matter and asked for clarification. City Manager Netter responded that the letter basically says that the emergency medical needs provider in Rohnert Park, Sonoma Life Support, is not licensed by the Insurance Commissioner to offer insurance programs. The letter reviews a possible alternative whereby several California counties and cities have joined in sponsoring a parcel tax to fund emergency medical services. The funds raised in this manner have been blended with insurance payments to hold rates for service to low levels. Mayor Hollingsworth shared comments opposing the idea and said he personally felt the City should not get involved in this type of insurance because of potential litigation complications. 9) George's Cab service - Councilmember Spiro said she received information from a citizen pertaining to taxicab rates of George's Cab and thought the amount of $5.60 for a particular local service was very high. Various Council responses concluded that the rates were not excessive because of numerous expenses including liability costs to enable cabs to operate and provide needed service to a community. Rohnert Park City Council Minutes (15) April 27, 1993 10) Sonoma County Wineries Association - Councilmember Spiro referenced comnmica- tions from the Wineries Association regarding the need of a sign. She said she wondered why there was no sign at the specified location and, also, asked why the letter regarding same came to the City. Mayor Hollingsworth responded that he thought they ought to approach the Council if they want a sign. City Manager Netter stated he has knowledge that they are working on a sign program, but has not yet seen anything. 11) General Plan Committee meeting - Councilmember Spiro referenced the General Plan Committee meeting held last night and questioned the attendance of Councilmember Gallagher at the meeting as Ms. Spiro thought Councilmembers were not supposed to attend such meetings unless they i were on the Council Committee of same. Discussion followed during which Council agreed that any Councilmember can attend such meetings as a private citizen with the understanding that they are not representing Council and, also, that if two Council Committee Members are able to attend such meetings, the other visiting Councilmember would naturally be the one to leave the meeting in order to comply with Brown Act requirements. Councilm niDer Gallagher said she attended the above - referenced General Plan meeting and said she would like a clear description regarding what they are trying to do. She said it is her request that the particular General Plan appointments should be made by her nominations and not the past appointments (nominations) of former Councilmember Warren Hopkins. Lengthy discussion ensued during which Assistant to the City Manager Leivo and Council Committee Member Eck responded to numerous Council questions as reflected in the referenced General Plan Committee meeting held last night. Council concluded in direction to sunset this General Plan Committee following finalization of the referenced document by two- thirds vote of the Committee, if necessary; forward said recommendations by June 1st, 1993, to the Planning Commission for review and recommendation of same to Council for consideration to incorporate one major amendment to the 1992 General Plan; extend sincere appreciation from Council to the General Plan Committee for the hard work involved in this effort; and, thereafter, Council will have the option to reconstitute another General Plan Committee to proceed with further review and recommendations for updating the unresolved elements. 12) School District joint meeting dates - City Manager Netter responded to Councilmember Gallagher's inquiry that the School District has initiated communications pertaining to coordinating the previously referenced joint meeting between the cities and the School District and said they are looking for some dates after May 6th that would be agreeable to everyone involved. 13) Rental car parking at PAC - City Manager Netter responded to Councilmember Eck's inquiry regarding cars parked on the sidewalk between the Performing Arts Center and the Community Center. Mr. Netter advised that arrangements were made with the Volvo dealer for transportation services for Directors at no charge. Rohnert Park City Council Minutes (16) April 27, 1993 14) Set up meeting with SSU President's Cabinet regarding campus housing - Councilmember Eck said he had observed SSU agenda items centered around campus housing and recommended City Manager make arrangements for a dinner meeting for Council to meet with SSU President's Cabinet to review possibilities regarding same. Council agreed. 15) Meet with store managers regarding shopping carts - Councilmember Eck said he would like to volunteer as Councilperson to meet with store managers of shopping areas to review the problem of the discarded shopping carts. Council agreed. 16) Bike path patrol - Councilmember Eck reviewed reasons pertaining to the need for bike path patrol by uniformed officers. City Manager Netter responded that a proposal was received from Public Safety and consideration of such a program would be reviewed during upcoming budget sessions. 17) Councilmember Reilly advised he would be unable to attend the dedication of the new Public Safety Building because he had to attend other meetings. Unscheduled Public Mayor Hollingsworth asked if anyone in the audience wished to make an Appearances appearance at this time. James M. Clark, 80 Walnut Circle, expressed concerns related to the General Plan Committee meeting held last night of which he attended. He said the vote was 8 to 2 to discontinue the Committee after the 24th of next month and, therefore, the idea expressed tonight by Council to sunset the Committee is an elegant one. Assistant to the City Manager Leivo responded to Mr. Clark's inquiry that Committee Member Barkey withdrew his motion of having only one more meeting. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 9:22 p.m. to 5,00 p.m. on Nhy 11th, 1993 for a Budget Work Session preceding the next regular City Council meeting. Deo 4cliclerk jh — a- --�, 74,- Nhyor Sunday night (March 20, 1993) I sat down to write President Clinton to give him my 12 specific spending cuts that I felt was necessary to cut the deficit. I also reminded the President that money spent locally by the cities, county, and schools in the hiring of police, fire, sheriff, and teachers benefits the local citizens a 100 times more than money spent on Department of Agriculture, Energy, or Education in Washington D.C. It is time government put a higher priority spending locally not nationally. Yes, state and federal government have set up a situation where cities are going to have to cut spending or increase contributions or taxes. So I realize why the city wants to combine or eliminate committees and /or task forces. But I must tell you that after our meeting on March 15, 1993, with KOYF that I feel that the Housing Task Force is being railroaded our of business. Let me tell you some of the highlights of this last meeting. There were approximately a dozen people including two staff (Jim and Kathy), two council liaisons (Art and Linda), a member of the Boys & Girls Club, a member from the Teen Center, Linda Branscomb, City Manager Joe Netter, and me. In the meeting there: were no motions or votes made!, were no agreements by consensus!, was one recommendation for the Teen Center to meet with the Boys & Girls Club. In fact, the minutes I understand were not even approved from the previous meeting. This meeting reinforced my belief that KOYF is a paper tiger made up of staff (Jim and Kathy) doing the majority of the work and the organization receiving the credit! I further believe (my opinion) that the only reason the meeting was held was because of the Housing Task Force and /or George Horwedel 7669 Camino Colegio Rohnert Park, CA 94928 (707) 795 -8683 Page 2 of 5 the possibility of KOYF being combined with the Housing Task Force to create another organization. First, though, I have to correct one statement I made at the February 23, 1993, council meeting, in which I said KOYF has had one informal meeting a pizza parlor since November of 1991. Jim Park adamantly told me at the March 15, 1993, meeting that what I said was totally untrue, and that KOYF had a full committee meeting last July. I apologize to the council and KOYF for the oversight if KOYF did indeed have a meeting in July. But playing Quincy or Perry Mason for a minute let me point out several things indicating that July meeting either never happened or that not enough people showed up to have an official meeting! First, when I asked Jim after the March 15, 1993, meeting for a copy of the minutes of the July meeting, Jim said, "I don't keep the minutes, Kathy has all that!" and that's where Linda Branscomb got this for me (a copy of all the minutes of KOYF). Second, if KOYF had a meeting in July, each member of the committee would have a copy of the minutes in their packet to approve. Third, and far more important and embarrassing to KOYF if they did have a meeting was the SURVEY! One of KOYF's subcommittees put together a survey and sent it to approximately 290 people throughout the County. The mailed the survey in late April and asked that the survey be returned my mid -May. Now don't you think if KOYF did a major survey with the results scheduled to be returned in mid -May that topic No. 1 on July's agenda would be the survey? Plus, if KOYF was still active and not a paper tiger don't you think KOYF members would have received the results before March 15, 1992. Plus, don't you think the city council should have not only received the results but also ask for input on how to improve the survey, like the General Plan George Horwedel 7669 Camino Colegio Rohnert Park, CA 94928 (707) 795 -8683 Page 3 of 5 Committee did. Also the Housing Task Force, Park & Recreation and /or the General Plan Committee might have been interested in the results. And than there were the costs, which included: 1. Printing the survey. 2. Buying the pencils (each survey received) 3. Mailing costs with pencil adds up to at least 52¢ each) 4. Return postage envelopes, and 5. Staff time. Barry Godolphin estimated that at least 500 hours of time was used in the project. It is unclear what percentage is staffs. It is also unclear who paid for all of this and what the total costs were? Question: Was there a final total on the costs of this survey given to the council? There were not brought up at the meeting. SO WHAT DID THE CITY RECEIVE? In my opinion, we received a survey that was mailed to a specific group, city and county volunteers, picked by a subcommittee in contract to a random population of Rohnert Park residents. We also received a survey that the city council did not receive. The survey, after completion was either in hibernation, lost, or forgotten by a committee by all appearances was in hibernation. In short, we may have paid for a survey that was sent to a select group of what they would like! It doesn't tell us what the non - volunteering residents of Rohnert Park wants and needs are. Of course with the results not distributed for so long I think Rohnert Park's wants and needs for KOYF as currently being operated need evaluated. There are some other things that happened at the meeting or thorough reading the notes that also need evaluated. George Horwedel 7669 Camino Colegio Rohnert Park, CA 94928 (707) 795 -8683 Page 4 of 5 1. The March 15 meeting was run by Jim Park, even though chairperson Nikki Arena was present at the meeting. 2. I understood the March 15 meeting was supposed to be a joint meeting of KOYF and the Housing Task Force, not a meeting or trying to show KOYF is still breathing and then placing Linda Branscomb on the agenda as the last item with not enough time to adequately discuss the subject. 3. My proposal of COHR (pronounced Core) Committee was on the agenda but I wasn't invited to present it! Plus the KOYF members did not receive the proposal in their packets to review. 4. Looking through the minutes of previous meetings, I noticed that staff and council were making motions and voting as members. I recommend a number of changes should be made by council: 1. Establish an annual evaluation process of two rotating council member (not mayor, vice mayor, or immediate former mayor) who will look at the work the committee, task force, or board has accomplished in the past year, their costs to the City, and their specific goals for the upcoming year, and decide whether that committee, task force, or board has enough benefits to the City to warrant another year. 2. Establish formal requirements of do's and don'ts for each committee, task force, and board. I was checking with Loraine on Thursday and she couldn't find specific do's and don'ts for groups other than councils or commissions. My final recommendation is to combine KOYF and the Housing Task Force and rename it. I don't care if its name the Human Services Committee or COHR, or anything else. Combining the two groups with a new name will put each group on an equal footing. I also propose the new group hold monthly meetings, abide with some specific do's and don'ts, be appointed by council, have Jim and Kathy as non - voting staff, and two non- voting council George Horwedel 7669 Camino Colegio Rohnert Park, CA 94928 (707) 795 -8683 Page 5 of 5 liaisons, and a requirement that the group give a report to council every six months. The new group would also continue the great work that KOYF and the Housing Task Force has done in the past. Rohnert Park needs an active, properly supervised committee with monthly meetings that will develop to the highest degree the many wonderful projects out there that are just waiting to happen. a,� "- --�O- �A��.��� �W ®ter L ROHNER"r J ® POTENTIAL TRANSIT STATIONS CITY OF ROHNERT PARK 1. @ North City Limit 2. @ Robt. Lk. Rd. 3. South df Red Lion Plaza 4. East Enid of Prof. Ctr. Dr. Pac Bell Bldgs. 6. North bf P.S. Main Station @•Lands of H.P.