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1997/07/22 City Council MinutesRohnert Park City Council Minutes July 22, 1997 The Council of the City of Rohnert Park met this date in regular session commencing at 6:20 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately 6:25 p.m. and led the pledge of allegiance. ROLL CALL: Present: (3) Councilmembers Flores, Vidak - Martinez, and Mayor Spiro Absent: (2) Councilmembers Mackenzie (on business trip) and Reilly (on vacation) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Acting City Engineer Gaffney, and Public Works Manager Rail. 1. CLOSED SESSION: Mayor Linda Spiro reported on the closed session which commenced this evening at 6:00 p.m. to discuss matters listed on the agenda attachment and informed that a resolution regarding the litigation matter should be completed in sixty (60) days. No action was taken at this time on the other items listed. 2. APPROVAL OF MINUTES: Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, the minutes of July 8, 1997 were unanimously approved as submitted. 3. APPROVAL OF BILLS: Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember Flores, the bills presented per the attached list in the amount of $638,509.04 were unanimously approved. 4. ADDING NON - AGENDAED ITEMS TO AGENDA: Mayor Linda Spiro asked if any Councilmembers had any informational, non - agendaed items to add to tonight's meeting. None were presented. 5. MAYOR'S PRESENTATIONS OF PROCLAMATIONS AND PLAQUES: Mayor Linda Spiro read proclamations of appreciation to each separate recipient as listed on the agenda as follows: .Steven Wiebmer for his Heroic Actions in saving the life of a small child who was drowning in a drain pipe on the Russian River. Linda Spiro praised and complimented Steven for his heroism and the remarkable fact that a boy his age, only 7 -1/2 years old, performed an act that many adults would be hesitant to carry out. Mr. George Williams, representing the Veterans of Foreign Wars, presented Steven with a plaque and a savings bond. Rohnert Park City Council Minutes July 22, 1997 .Kitchen Kut -Ups - Mayor Linda Spiro noted that a number of members of the Kitkchen Kut -Ups are in the audience tonight and invited them all to come to the front so that they may be seen by the television viewers. .Betty and Tony Ferra accepted their proclamation and plaque of appreciation for their over twenty five years of time, talent, and dedication to the Kut -Ups and senior citizen population of Rohnert Park. Betty provided the City Councilmembers with a copy of their 25th anniversary program. .Larry Broderick accepted his proclamation and plaque of appreciation for his many years and contributions by providing piano and other musical entertainment and accompaniment for the Kut -Ups organization. .Florence "Flo" Jennis accepted her proclamation and plaque of appreciation for her over 15 years of time and talents improving the quality of life for the senior citizens, and questioned how the City Council found out all the historical information contained in the proclamation. .Rosemary O'Brien accepted her proclamation and plaque of appreciation for her many years of keeping the Kut -Ups music organized as well as for all her leg work and musical talents devoted to the Kut -Ups organization. Councilmember Flores thanked all the Kut -Ups members for attending tonight's meeting. Vice Mayor Vidak- Martinez commented she is glad to see the Kut -Ups here tonight and that she has tickets for one of this year's performances. 6. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time (limited to 3 -5 minutes per appearance with a 30 minute total time limit). (1) John Hudson, 399 Bonnie Avenue, Rohnert Park, addressed the Council regarding the recently released Sonoma County Grand Jury Report and past Grand Jury Reports which listed concerns with the Rohnert Park Building Department and housing construction issues. Mr. Hudson noted that the current report has comments on building permit procedures and alleged falsified records. (2) Robin Bleckwehl, President of the Rohnert Park Chamber of Commerce, distributed Rohnert Park telephone books to the Council and informed that these books are being distributed to all households and businesses throughout the city. She advised of various types of information contained in the telephone book. Ms. Bleckwehl then introduced Dan Wiley of Wiley Fox Publications, who published the book. Mr. Wiley briefly commented on the layout and design of 2 Rohnert Park City Council Minutes July 22, 1997 the telephone book. Robin Bleckwehl then added her thanks to all the Kitchen Kut -Ups for the good will and commerce they have brought to the City of Rohnert Park. (3) Charles Kitchen, 4945 Fern Place, Rohnert Park, referred to previous comments made regarding the Grand Jury Report and informed he feels City staff has been remiss in investigating construction problems. He specifically referred to alleged construction problems to the home of Cindy Walsh, who just recently moved out of Rohnert Park, 7. C O N S E N T C A L E N D A R- Mayor Linda Spiro asked if there were any questions regarding the matters on the Consent Calendar, which were explained in the City Manager's Council Meeting Memo. City Manager Netter advised that Resolution No. 97 -140 rejecting a claim of Arthur F. Hampton is removed from the Consent Calendar as this claim has been settled by the insurance company. A. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda. B. Accepting Preliminary Cash/Investments Report for Month End, June 30, 1997 Resolution Nos: 97 -137 AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) EARTHQUAKE RESISTANCE BRACING SYSTEM (ERBS) 97 -138 APPROVING ALLOCATION OF AB 3229 STATE APPROPRIATION FOR PUBLIC SAFETY USE (MAGNET) 97 -139 APPROVING AGREEMENT WITH CITY OF SANTA ROSA FOR HAZARDOUS DEVICE UNIT SERVICES Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, the Consent Calendar was unanimously approved. 8. HOMER RAIL, MANAGER OF THE DEPARTMENT OF PUBLIC WORKS, referred to an outline of each division of his Department, a copy of which had been provided to the City Council. Mr. Rail also gave a slide presentation on the various responsibilities of each section of the Department of Public Works, advised the Council as to who supervises each section, and the accomplishments and assignments for each area of responsibility. Vice Mayor Vidak- Martinez commented on the excellent tour she had been given at the Public Works Corporation Yard and 3 Rohnert Park City Council Minutes July 22, 1997 said it was both interesting and fascinating and that she was very impressed. Councilmember Flores stated that it is evident thoughout the city just how hard the Public Works Department employees work when realizing how clear. and attractive our city is maintained. Mavor Spirn said she is particularly impressed with how attractive the Southern Public Safety Station is and complimented Homer Rail on his excellent slide presentation, saying that it is one of the best she has seen. 9. ORDINANCES FOR INTRODUCTION: (1) NO. 633 - AMENDING SECTION 3.04.090, CHAPTER 3.04, OF THE ROHNERT PARK MUNICIPAL CODE (RE. PURCHASING) City Manager Netter referred to his Council Meeting Memo dated July 17, 1997 and explained the ordinance. Discussion followed. Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, reading of Ordinance No. 633 was waived and said ordinance was introduced. (2) NO. _ - PROVIDING FOR THE ISSUANCE OF A PERMIT FOR SIGNS OR BANNERS TO ADVERTISE A SPECIAL EVENT SPONSORED BY THE CITY, CHARITABLE OR NON - PROFIT ORGANIZATIONS City Manager Netter explained the ordinance and advised that this matter needs to be referred to the Planning Commission, including a public hearing, for its recommendation and action and then brought back to the City Council. Discussion ensued whereby it was agreed that this ordinance must be adopted before the Founders' Days celebration in September and that it may have to be adopted as an emergency ordinance. Councilmember Flores remarked that he likes to see colorful banners in cities where special activities are being held and also noted that it would be advantageous to have banners displayed in August 1998 when the Department of Corrections games are held in Rohnert Park. Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, it was unanimously approved to refer this matter to the Planning Commission for its review and with the recommendation for approval. (3) NO. 634 - AMENDING CHAPTER 2.08 OF THE ROHNERT PARK MUNICIPAL CODE (COUNCIL PROCEDURAL RULES) City Manager Netter explained that this ordinance prepared by City Attorney Flitner brings current some of the outdated language in the previous ordinance. Specifically, it addresses Rohnert Park Municipal Code Section 2.08.010 Time and Place of Regular Meetings; Section 4 Rohnert Park City Council Minutes July 22, 1997 2.08.020 Study Sessions; Section 2.08.060 Council Correspondence, Section 2.08.110 Powers and Duties of Presiding Officer or City Council; and 2.08.270 Preparation of Ordinances - Approval. Discussion followed. Upon motion by Vice Mayor Vidak - Martinez, seconded by Councilmember Flores, reading of Ordinance No. 634 was waived and said ordinance was introduced. 10. COMMUNITY OUTREACH FOR YOUTH AND FAMILIES: (1) Appointments - Vice Mayor Vidak- Martinez made a motion to nominate Cris Caton to serve on the Community Outreach For Youth and Families (COYF) Commission for a term to expire on December 31, 1998. Said motion was seconded by Mayor Linda Spiro and unanimously approved. Councilmember Flores made a motion to nominate Pam Stafford to the COYF Commission. Said motion was seconded by Vice Mayor Vidak - Martinez. Discussion followed wherein Mayor Spiro stated that she must abstain from voting for Mrs. Stafford due to a potential conflict of interest arising out of a statement she had made in her letter soliciting interested parties to serve on the Commission although she feels that Pam Stafford is a fine person. Pam Stafford was appointed to the COYF Commission by the following roll call vote: AYES: (2) Councilmember Flores and Vice Mayor Vidak - Martinez NOES: (0) None ABSENT: (2) Councilmembers Mackenzie and Reilly ABSTAIN:(1) Mayor Linda Spiro (2) Outline/Implementation Plan - City Manager Netter advised that he has received a draft implementation plan for the new COYF Commission from the Department of Public Safety's Youth and Families Services Division. Following review of this plan, an orientation meeting can be scheduled with the new Commissioners. Council concurred. 11. BEAT THE HEAT PROGRAM AT SEARS POINT RACEWAY - City Manager Netter briefly explained the program and expressed concerns with possible workers compensation exposure which may result from police vehicles being involved in this activity and stated that we are not participating in the program at the present time. He indicated it was a Council policy matter due to the risk and potential public relations aspect. Mr. Netter also indicated that 5 Rohnert Park City Council Minutes July 22, 1997 Director of Public Safety Rooney was in support of the program. Discussion followed whereby it was the consensus of the Council that more information is needed such as how many officers and vehicles would be involved, the wear and tear on the vehicles, and possible insurance risks, and that this matter should be reviewed by the full City Council. 12. PARKS AND RECREATION MATTER - SKATE PARK: City Manager Netter referred to a memo received from Recreation Director Jim Pekkain advising that the Parks and Recreation Commission has appointed Gerald Griffin and Susan Allred to the Skate Park Committee and that the Commission will be convening on Thursday, July 31st, at 3:00 p.m. to meet with the youths and former members of the Skate Park Task Force to discuss a location and general design for a skate park. The Parks and Recreation Commission will be submitting its recommendations to the City Council at its August 26, 1997 meeting. Discussion followed during which Mayor Linda Spiro suggested that the principals purchasing the K -Mart building should be contacted for a potential site. Joint Meeting: City Manager Netter also brought to the Council's attention dates suggested by the Parks and Recreation Commissioners for a joint meeting with the Council, i.e. Monday, September 22; Wednesday, September 24; or Thursday, September 25th. He also stated that due to vacation schedules and other commitments it has been difficult to set a joint meeting with the Planning Commission as the Council had requested and that a meeting with that Commission would probably not be set until at least mid- September, noting that it is imperative that Assistant City Manager Carl Leivo be in attendance at the meeting and Mr. Leivo will be out of town on vacation from August 18th until September 5th. Council concurred. 13. 1996 -97 GRAND JURY REPORT/FINAL REPORT: City Manager Netter referred to the 1996 -97 Sonoma County Grand Jury Report, which has been provided to the City Council. He stated that there are three sections of the report which must be responded to: (1) 911 calls - Mr. Netter reminded the Council that we had previously responded to this concern earlier this year when it was published in a Preliminary Grand Jury Report, and that we can use that response; (2) Department of Public Safety Complaint Procedures - The City Manager advised that Director of Public Safety Pat Rooney is drafting a response to this item; (3) Building Department Procedures - City Manager Netter stated that Building Department staff is drafting a response to these matters. Mr. Netter suggested that once all the drafts are completed, the City Council will be able to use them as a guideline to write a joint response to the Grand Jury from the full City Council. Discussion followed. Councilmember Flores requested that copies of the Grand Jury Report and the responses be made available to all Rohnert Park residents if requested. Council concurred. 0 Rohnert Park City Council Minutes July 22, 1997 14. FIRE SUPPRESSION BENEFIT ASSESSMENT (1) A resolution approving an increase of 1.848% - City Manager Netter explained that the increase in the assessment is based on the Consumer Price Index from November 1996 to May 1997, as authorized by the benefit assessment district documents. He also informed that the amount assessed for the 1997 -98 tax year amounts to $23.36 per single family residence. He added that City Attorney Flitner is finalizing the validation action that should be complete by November of this year. He indicated all the funds will be deposited into the trust account until the validation action is settled. Discussion followed. RESOLUTION NO. 97 -141 - APPROVING AN INCREASE OF 1.848% IN THE BENEFIT ASSESSMENT TO FINANCE FIRE SUPPRESSION SERVICES Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, Resolution No. 97 -141 was unanimously approved and adopted. (2) Agreement with Berryman & Henigar - City Manager Netter advised that the Council had been provided with copies of the agreement, gave a brief overview of same, and stated that staff recommends approval of the agreement. Discussion followed. RESOLUTION NO. 97 -142 - APPROVING AN AGREEMENT WITH BERRYMAN & HENIGAR TO PROVIDE PROFESSIONAL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT Upon motion by Vice Mayor Vidak= Martinez, seconded by Councilmember Flores, Resolution No. 97 -142 was unanimously approved and adopted. 15. LETTER REQUEST FROM SENATOR RICHARD G. POLANCO URGING SUPPORT OF SB 500 - FIREARMS: City Manager Netter referred to a draft letter addressed to the Assembly Appropriations Committee expressing support of SB 500 regarding the manufacture and sale or transfer of handguns known as "Saturday Night Specials." Discussion commenced wherein Mayor Linda Spiro asked if there is deadline to send a letter as she feels it should be considered by the full City Council. City Manager Netter stated that the letter could be submitted at a later date. Councilman Flores informed that there is a tremendous number of "Saturday Night Specials" which are made available in California and that when this matter is brought back to the full City Council he intends to voice an affirmative vote to support SB 500. 7 Rohnert Park City Council Minutes July 22, 1997 16. CURFEW ORDINANCES: (1) City Attorney report: City Manager Netter referred to the City Attorney's report and two drafts of a revised Curfew Ordinance which have been provided to the City Council. City Attorney Flitner explained the differences in the two drn s and stated that a revised ord;nan— is necessary due to a Curfew Ordinance by the City of San Diego being declared unconstitutional. He advised that he recommends Council consideration of adoption of Draft #2 which adds a section to the City of Rohnert Park current ordinance as follows: Section 9.76.010 Definitions - (a) "Aimlessly remain" means to stay at a specific location for no discernable or visible purpose; (b) "Idle" means to stay in one area for an extended period of time while performing no productive or beneficial activity; (c) "Loiter" means to linger for an extended period without performing any worthwhile activity; (d) "Wander" means to walk around an area or location without any specific purpose or objective in mind; (e) "Emergency" means an unforeseen event or combination of events that requires immediate action; (f) "Guardian" means the natural or adoptive parent of the minor child; and (g) "Parent" means the natural or adoptive parent of the minor child. Mr. Flitner also commented that this new ordinance also contains various exceptions. Discussion followed. Mayor Linda Spiro asked what is required if this ordinance was an emergency ordinance because an ordinance should be in place in time for the new school year. City Attorney Flitner advised that an emergency ordinance requires a four -fifths vote of the City Council. Further discussion ensued, during which Council concurred that this item should be held over until the next City Council meeting. (2) Countywide Curfew Ordinance - City Manager Netter advised that he is working with City Attorney Flitner and City Managers of all Sonoma County cities and County of Sonoma representatives in an effort to develop a countywide curfew ordinance. The City Council agreed that this is a good undertaking. 17. GENERAL PLAN WORKSHOP, SATURDAY, AUGUST 2, 1997 - Request for 2- Councilmember Ad Hoc Committee: City Manager Netter reminded the Council of this upcoming workshop. Discussion followed. Vice Mayor Vidak - Martinez stated that she feels it would be logical for the Compromise Committee, which is comprised of Councilmembers Flores and Reilly, to be the City Council representatives at the workshop. Mayor Linda Spiro informed the Council that she had been approached by Councilmember Mackenzie requesting that he be one of the City Council representatives. Mayor Linda Spiro stated that Councilmember Reilly will be contacted when he returns from vacation and that if he is unable to attend, Councilmember Mackenzie will be asked. Council agreed. 8 Rohnert Park City Council Minutes July 22, 1997 18. COUNCIL COMMITTEE REPORTS: (1) SCTA meeting - Mayor Linda Spiro stated Acting City Engineer Joseph Gaffney, who was also present at the latest SCTA meeting, is present tonight and will report on information received at the July 14, 1997 meeting relative to ISTEA funding. Acting City Engineer Gaffney advised that the ISTEA bill will expire as of September 30, 1997 and there is a lot of discussion about what will happen at that time. He advised that one Rohnert Park project which could be affected by the ISTEA dollars is the Snyder Lane Bike Path. (2) Mayors' & Councilmembers' Working Group - Vice Mayor Vidak - Martinez advised that she and City Manager Netter were at the July 17, 1997 meeting. She said there is an effort to develop cooperation among the cities and the County. One topic was the countywide curfew ordinance all agencies seemed interested in. Also, there was discussion on creating a working committee to review recommendtions from the Revenue Sharing Study prepared by Charlie Long. City Manager Netter commented on the time line for bringing this matter to the Mayors' and Councilmembers' Association. (3) Senior Citizens Advisory Commission - Mayor Linda Spiro commented that at the last Senior Citizens Advisory Commission meeting she had played tapes of the budget work sessions and that the seniors were very appreciative of being informed. She also advised that she is quite impressed with the funds the Senior Center has taken in this past year, totaling approximately $12,000. 19. TRANSPORTATION MATTERS - none 20. COMMUNICATIONS - Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 21. MATTERS FROM/FOR COUNCIL: (1) League of California Cities Annual Conference, Oct. 12 -14, 1997, San Francisco - Info. (2) Rohnert Park Day at the Sonoma County Fair, Weds., July 23, 1997 - Info. (3) Budget Work Session - Tues., July 29, 1997 at 5:00 p.m. - City Hall: City Manager Netter advised that he will prepare a budget package for this meeting. 22. CITY MANAGER'S REPORT: (1) Housing Financing Authority - A. Rancho Feliz/Storz Management - City Manager Netter informed the Council that the previous notification regarding the management breakup at Storz Management Company has been rectified and that the two employees have been reinstated. B. Property Tax Exemption - Mr. Netter stated he has been in discussions with Sonoma County 9 Rohnert Park City Council Minutes July 22, 1997 Assessor Jim Gallagher regarding the Authority's property tax exemption status and the $318,000 due in current and prior taxes. (2) Crane 'Transportation Group - Traffic Counts: City Manager Netter said that this is for information purposes in the event residents question why traffic counters have been placed at various locations throughout the city. (3) Creation of a Board of Appeals on interpretation of Uniform Building Codes - City Manager Netter referred to a memorandum from Interim Building Official Steve Lamb, a copy of which has been provided to the City Council, which contains the recommendation that the City set up a Board of Appeals, comprised of local citizens, to sit as an appeals board on interpretations of the Uniform Building Code. Staff will be working with City Attorney Flitner on this matter. (4) Policy Advisory Committee Meeting, July 16, 1997 - Long Term Wastewater Project - City Manager Netter referred to a report he had prepared and copied into the City Council regarding the results of the meeting he had attended in Santa Rosa. He also advised of a meeting he, Assistant- City Manager Carl Leivo, Acting City Engineer Joseph Gaffney, and Retired Director of Public Works /City Engineer Ron Brust had attended in Santa Rosa on July 21, 1997 to discuss concerns with Rohnert Park's limited mgd allowance and the need for an increase of .808 mgd. Mr. Netter stated that the mgd that has been allotted was based on the 1994 Rohnert Park General Plan population cap which was shortly thereafter revised in the 1995 General Plan. The reduction to .214 mgd offered in the new allocation for the expansion is insufficient capacity based on the current General Plan. He suggested that a letter be prepared explaining the City's need for at least the orignial allocation of .808 mgd in the expansion, which the City has requested over the past ten (10) years. Mr. Netter also commented that the City of Rohnert Park has always had a very cooperative working relationship with Santa Rosa Subregional Wastewater representatives and all indications are that Santa Rosa will work with Rohnert Park to assure Rohnert Park has sufficient capacity for build out and its future needs. Discussion followed during which Councilmember Flores indicated that he, too, had attended the July 21st meeting, and complimented City Manager Netter and his support staff on the excellent presentation they made at the meeting. (5) California Department of Corrections Olympic Games in Rohnert Park, August 1998 - City Manager Netter advised that the City of Rohnert Park has been chosen as the site for the 1998 California Department of Corrections Olympic Games. He complimented Assistant City Manager Carl Leivo, Recreation Department employees, and the Chamber of Commerce on the fine job they did to show the DOC representatives the many amenities Rohnert Park has to offer, thereby convincing them to choose us rather deciding on holding the games in several other much larger cities. 10 Rohnert Park City Council Minutes July 22, 1997 (6) Misc. Items: A. Team Building - City Manager Netter updated the Council regarding the ongoing team building efforts, informing them that, due to other time constraints, the team building meetings have been delayed for a few weeks. Currently we have a four (4) hour assessment/evaluation team building session set for August 4th with Consultant Rick Brown. This will help design phase two of the team building effort. B. M -Park - Mr. Netter referred to a drawing on display which shows the turfing layout. Mayor Linda Spiro asked about the possibility of installing bocci ball courts as another possible use for the park. City Manager Netter said he would check into the matter. 23. CITY ATTORNEY'S REPORT: None, already covered earlier in the meeting. 24. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro asked if there are any additional unscheduled public appearances at this time. No one responded. 25. ADJOURNMENT: There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 8:35 p.m. WARAW Deputy City Clerk Ir 11 Mayor