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1997/09/10 City Council MinutesRohnert Park City Council Minutes September 10, 1997 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 Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately 7:45 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak- Martinez, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Personnel Manager Robbins and City Engineer Gaffney. MOMENTS OF S[LEN . . in Memory of Mother Teresa and Princess Diana of Wales Mayor Linda Spiro declared moments of silence in honor and remembrance of Mother Teresa and Princess Diana of Wales for the humanitarian efforts in their lives. 1. CLOSED SESSION. • Mayor Linda Spiro reported the closed session commenced this evening at 6:30 to discuss matters listed on the agenda attachment, representing an update. No action was taken at this time. Resolutions will be considered later on this agenda regarding approval of the employee contract agreements, which were reviewed in the closed session. 2. APPROVAL OF MINUTES. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the minutes of August 26, 1997 were unanimously approved as submitted. 3. APPROVAL OF BILLS. City Manager Netter responded to Council questions regarding the bills presented for approval. Mayor Spiro requested the City Manager to provide additional information on Check Nos. 81830 and 81910. Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, including provision of above - signified information, City bills presented per the attached list in the amount of $463,923.71 were unanimously approved. 4. ADDING INFORMATIONAL NON-AGENDAED MATTERS: Mayor Linda Spiro asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. -- Councilmember Reilly signified one miscellaneous item to add. Mayor Spiro signified two items to add regarding (1) a status report on Dave Eck's retirement event and, (2) "Celebrating Rohnert Park Day" in response to several calls asking if this is a name change for the event, or just for this year. City Manager Netter signified two miscellaneous items to add under his report. Rt�6ate 31�ark Cit c3tsnei Minutes Se m1r 1ti i99T S. ADMINISTRATION OF OATH TO NEWAPPOINTMENTS: Community Outreach for Youth and Families (COYF) Commissioners Mayor Linda Spiro welcomed the individuals present for this item. She advised that word had been received earlier today that newly appointed COYF Commissioner Pam Stafford would be unable to attend this ceremony due to a recent illness. Deputy City Clerk Judy Hauff administered the Oath of Office to newly appointed COYF Commissioners Cris Caton, Anita Felton, Lori Heanue and Bernine Hudosh. Council commended the COYF Commissioners on their appointments and expressed appreciation for their interest in the community. 6. YOUTH CITY COUNCIL REPRESENTATIVES from 1997 -98 Youth of the Year Program Mayor Linda Spiro introduced Youth Representatives Dena Ito and Joe Stablein, who provided the youth report which included: *the Teen Center Steering Committee recently contacted the Youth Representatives to assist with input regarding the interests of Rohnert Park teens for the teen center; *Joe Stablein and Adam Romero have joined the committee; •a committee meeting will be held next Tuesday, September 16, 1997 to discuss procedures toward formulating the teen center; and *questions related to this item can be directed to the City's Affordable Housing Specialist, Diane Tomkins. 7 MAYOR'S PRESENTATION of APPRECIATION.• *Commending Homer Rail, Public Works Manager, on the Occasion of His Retirement On behalf of the full Council, Mayor Linda Spiro shared contents of Resolution No. 97 -151, and presented the resolution to Mr. Rail commending his retirement and expressing appreciation for his fifteen years of dedicated service to the City. She announced the Council meeting would be recessed briefly at this time for everyone present to share the cake prepared for Mr. Rail's retirement celebration. RECESS Mayor Linda Spiro declared a recess at approximately 7:55 p.m. RECONVENE Mayor Pro Tempore Vicki Vidak- Martinez reconvened the Council meeting at & Mayor Spiro approximately 8:10 p.m. With the exception of Mayor Linda Spiro, who left during leaves recess due to illness, all other Councilmembers were present. 8. UNSCHEDULED PUBLIC APPEARANCES: Mayor Pro Tempore Vicki Vidak - Martinez 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). No one responded. 9 CONSENT CALENDAR Mayor Pro Tempore Vicki Vidak - Martinez asked if there were 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 meeting's agenda Rohaeri.Park GLtyc�unel:Nii�utes Se Ember Io,1997 Resolution No: 97 -165 ESTABLISHING A CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, with Mayor Spiro absent, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. 10. SUMMIT UPDATE & Facilitator Agreement Proposal from Padi Selwyn, M.A. City Manager Netter provided this update. He referred to efforts toward obtaining keynote speakers and recent report at the A.M. Rohnert Park meeting featuring the City's vision in the future. City Manager Netter, Assistant City Manager Leivo, and Robin Bleckwehl, President of Rohnert Park Chamber of Commerce, met recently with Padi Selwyn, M.A., world renown traveled speaker, regarding her proposal for speaking, facilitation, design and consultation services for the Rohnert Park Community Summit to be held October 16 -18, 1997. Mr. Netter reviewed contents of this proposal provided to Council, commending the reasonable rate, which includes the 25% public service discount, for a total fee for services in the amount of $7,312.50. Discussion included a motion by Councilmember Reilly, seconded by Councilmember Flores, with the absence of Mayor Spiro, the above - reviewed facilitator agreement with Padi Selwyn, M.A., for $7,312.50 was unanimously approved. City Manager Netter signified that Robin Bleckwehl, President, Chamber of Commerce, present at this Council meeting, would contact Ms. Selwyn on the agreement approval. Mr. Netter further reviewed efforts in progress for speakers, including the possibility of Ted Gaebler, author with David Osborne of "Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector"; proposed meetings with Ms. Selwyn including the start up committee with designated staff, and tomorrow's meeting with the Chamber; and advised that to date there has been a response of about fifteen calls. 11. EMPLOYEE NEGOTIATIONS -REPRESENTED AND NON - REPRESENTED City Manager Netter explained the two resolutions presented for consideration of these items, as summarized in the September 5, 1997 memorandum from Personnel Manager Pamala Robbins. Council reviewed the agreements represented by these resolutions during its closed session preceding this meeting. He advised that Personnel Manager Robbins was available at this time to respond to any further Council questions. Discussion followed. Resolution Nos: 97 -166 RATIFYING A MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK EMPLOYEES' ASSOCIATION 97 -167 APPROVING OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS (for Non - Represented Employees and Management Employees) Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with Mayor Spiro absent, reading of the resolutions was waived and Resolution Nos. 97 -166 and 97 -167 were consecutively and separately adopted. Rohnet Park C1ty ? ar��neit: M1�n tt s ( �bc�r 18,1 4 12. HOLIDA Y LIGHTING PROGRAM -- City Manager Netter explained the informational packet provided from the Rohnert Park Chamber of Commerce for this item, which included: (1) letter of Sept. 4, 1997 from Chamber President Robin Bleckwehl regarding background review of the Holiday Lights Program; (2) attached letter of Sept. 3, 1997 from S. M. Leslie Electric submitting a proposal for electrical upgrades for the holiday tree lights on Rohnert Park Expressway for a total amount of $13,550; and (3) attached letter of Sept. 1, 1997 from Sierra Display, a lighting and banner display company located in Fresno, submitting several option proposals for the tree lighting project and/or other possible decorating projects for the City of Rohnert Park. City Manager Netter responded to Council questions. Discussion followed. PUBLIC COMMENTS - In response to citizen inquiry, Mayor Pro Tempore Vicki Vidak - Martinez opened the meeting to receive public comments on this item. 1) Anita Felton, 1525 Mathias Place, recommended that instead of using the money signified for electrical upgrades for the holiday tree lights, it should be given to assist needy families. 2) Joe Stablein, Youth Representative to the City Council, reviewed reasons urging retention of the holiday tree lights, due to being a very special and important tradition of the community. 3) Marie Vinsick, 38 Estrella Drive, expressed appreciation for concerns of needy people. As Chairperson of the County for the Caring at Christmas Program, she reviewed the extensive joint efforts of numerous organizations to help citizens through this program. She supported the City's tradition for the holiday tree lights and agreed with the idea expressed by Councilmember Flores, during the preceding Council discussion, of having local business sponsors for lighting the holiday trees. Discussion included various Council comments expressing support of the Holiday Lighting Program which has become an important tradition of the City; comparisons with beneficial results of efforts anticipated for the upcoming Community Summit, October 15 -18, 1997; and commending the City's past and current budgetary provisions for community needs. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with Mayor Spiro absent, to proceed with the above - reviewed electrical upgrades in the amount of approximately $13,500 to enable continuance of the Holiday Tree Lighting Program, and direct staff to work with the Chamber of Commerce regarding Patrons of the City's Holiday Trees sponsoring the cost of lighting the trees, signifying that the City would cover the balance, if there is a balance. 13. RESPONSE TO THE 1996 -97 GRAND JURY REPORT --City Manager Netter referred to the draft responses prepared for the 1996 -97 Grand Jury Report, as required for Rohnert Park, responding to the following three items: (1) 911 Dispatchers Pre - Arrival Instructions; (2) Department of Public Safety Critical Incident Report; and (3) Building Department. The drafts were provided to Council for review and to make any changes deemed appropriate. City Manager Netter responded to Council questions. -- Discussion concluded upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, with Mayor Spiro absent, to accept above - reviewed response letters to be forwarded to the presiding judge of the Sonoma County Courts, and to also attach a copy of the designated comprehensive report on the City's procedures. Retneirt Parkky Can�ned;Mt no. tcs" temr ld,:'.19Q i 14. PARKS AND RECREATION MATTER: *Letter request from Boys & Girls Club for donation of Sports Center Membership and one Family Pool Membership City Manager Netter explained this letter of Sept. 3, 1997 from the Boys & Girls Club requesting the signified memberships for raffle during their 6th Annual golf tournament to be held on October 3, 1997. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with Mayor Spiro absent, to donate a Sports Center Membership ($35 value) and a Family Pool Membership ($150 value) for the above - referenced raffle. 15. COUNCIL COMMITTEE REPORTS: 1) Wastewater Alternatives -- Councilmember Mackenzie reported, for the record, that he attended two of the six workshops presented by the City of Santa Rosa's Board of Public Utilities on the options currently being considered for wastewater alternatives. Also, Rohnert Park City Council had an interesting workshop on this item earlier this evening. He commented for public attention that citizens should follow this closely. As discussed at the City Council workshop, and signified in the local media, reviews have shown that about 50% of the people were not aware of the changes being considered that will affect citizens financially. 2) School's Attendance Review Board meetin - -Mayor Pro Tempore Vicki Vidak- Martinez advised she recently attended this meeting to review their work of last year and projections for this year. 16. 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. 1) Letter resignation from Lorraine Roberts. Administrative /City Manager Secretary Councilmember Reilly referred to the inter - office memorandum from City Manager Netter notifying the City Council of the attached letter of resignation from Lorraine Roberts, Administrative Secretary to the City Manager, to be effective at the end of this year. Councilmember Reilly expressed regrets on behalf of the City Council and signified appreciation for the efforts of Ms. Roberts in this position for the past 15 years. 2) The Searchers' letter re. Premier Communities -- Councilmember Reilly referred to the letter listed on Council Communications to the Rohnert Park Chamber of Commerce from The Searchers' regarding the selection of this community as one of its preferred communities. Mr.Reilly commended the Chamber of Commerce on efforts related to this selection. 3) Skate Park proposal -- Councilmember Reilly referred to recent efforts regarding this proposal; commented on beneficial aspects of a skate park for responsible youth; and brought attention to the flyer urging opposition of the proposal at Golis Park. Ralmert.ia k t~ tp€ 4unc t.Mit��ttcg . (6 8e tember 10 194 7: 17 MATTERS FROMIFOR COUNCIL: 1) Proposed Sonoma Mountain Scenic Landscape Unit /County Planning Commission City Manager Netter reviewed the letter of August 14, 1997 from the County of Sonoma, with related attachments, regarding the Permit and Resource Management Department's recent study of the visual impact of residential development located on the Sonoma Mountains. The Sonoma County Planning Commission is requesting input on this item by September 18, 1997. Mr. Netter asked if Council wanted to signify a position on this item, as this is a policy decision. He advised that some letters of opposition have been submitted from builders who are building in the mountains, signifying that there are enough building restrictions already in existence. Discussion included Council comments as follows: •Councilmember Flores agreed it is desirable to have building units blend into the environmental situation, but expressed concern related to the aspect that once permits have been granted, he would not want to see impacts on permits already issued; •Councilmember Reilly commented that this Council has gone on record in the past with other things in the County, like antennas, so did not think it was out of line to go on record for this item. He shared the example of losing the sense of nature if things are built on top of mountains, therefore, expressed support of protecting hill top views. Upon motion by Councilmember Reilly, seconded by Councilmember Mackenzie, and unanimously approved, with the absence of Mayor Spiro, to send a letter to the County blending in the above - signified Council comments. 2) Mayors' & Councilmembers' Association - General Membership meeting is scheduled to be held on Thursday, September 11, 1997, Hilton Hotel in Santa Rosa -- Mayor Pro Tempore Vicki Vidak- Martinez announced this meeting. 3) File 1755 Housing Proiect /Snyder Lane -- Councilmember Reilly referred to discussion of this location by the previous Council to consider annexation that did not proceed, and signified that the new housing project, next to the church site on Snyder Lane, is now before the Planning Commission for discussion. Mr. Reilly requested this item be placed on the next Council meeting agenda. 4) Notice letters to Non - Profit Groups -- Councilmember Reilly asked if the previously signified letters were sent to the non -profit groups that did not receive funding in the recently adopted City budget. 5) Building permits -- Councilmember Reilly inquired about binding arbitration possibilities with building permits whereby, rather than presented to the City, building concerns of property owners would be resolved by arbitration with the builder. Rahn dark City Connell: Minote3 i7) �' tember 1{1,I99' 18. CITYMANAGERW REPORT.• 1) City Wide Workshop on Budget explanation /info -- City Manager Netter explained this informational item. For the first time, staff is instituting a one -half day budget workshop for City employees to enable more direct involvement and city wide communications throughout the departments. City Manager Netter and Finance Director Harrow will provide a detailed review of the City's budget. With the final budgets anticipated to be bound the first week in October, scheduling of this workshop is expected shortly thereafter. 2) Transportation Fund for Clean Air MCA) - AB434 Update -- City Manager Netter reviewed this informational item regarding applications received from Sonoma County Transportation Authority (SCTA). City Engineer Gaffney has prepared the TFCA funding applications, which the City Manager has signed, for the Commerce Blvd. Bicycle Path in the amount of $55,960 and for the installation of a bicycle /pedestrian signal at Commerce Blvd. /Allison Ave. in the amount of $53,823. 3) Sales Tax 1997 1st Quarter Preliminary Results -- City Manager Netter reviewed this report for Council's information, advising the decline of 8.8% compared to the same quarter of last year, which is a little better than the previous quarter. 4) Newsletter - to be mailed 2nd week in September -- City Manager Netter expressed compliments of the blue line draft for the City Newsletter, which he reviewed last week, with efforts to highlight the upcoming Community Summit and the Founders' Days event, "Celebrate Rohnert Park ". He commented on the perfect timing of the Newsletter for the benefit of community awareness on these events. Mr. Netter confirmed there would be a mass mailing of the Newsletter to every residential and business address in the community. 5) International City Managers Assn. WMA) Annual Conference, Vancouver, BC, Sept. 14 -18, 1997 -- City Manager Netter advised he would be attending this conference. 6) City Council/Dept. Head Mixer -- City Manager Netter explained the need to consider another date for this item, which was proposed for September 24, 1997, due to the regular City Council meeting being on September 23rd, as well as joint meetings now scheduled on September 25th (Parks and Recreation Commission) and September 30th (School Board). He recommended allocating at least an hour preceding the next City Council meeting of September 23rd for the City Council to meet and welcome new Department Heads. This is not intended to be a replacement of the City Council/Department Head Mixer, which will be scheduled at a future time. Council concurred. 7) Cross & Crown Lutheran Church letter request for waiver of fire sprinkler require- ments on portable buildings for elementary school expansion -- City Manager Netter explained this letter request provided to Council and responding September 9, 1997 memo from Fire Services Commander, Bob Cassel, regarding his review of this item. Mr. Netter asked for Council concurrence tonight on the tentative direction for this item to be placed on the next Council meeting agenda for formal approval. -- Discussion included Councilmember Flores expressing support of the suggestions of the Fire Services Commander for the waiver during the three year transitional period. He also confirmed that the School District is not bound with the requirement for fire sprinklers in its portables, and was comfortable with the safety provisions as outlined. Rohneri Park GO _ AU ne i 1�nutes (8) �e teniber 10:,:194'#' Council concurred, with Mayor Spiro absent, with the direction to signify an action item on the next Council meeting agenda for proceeding with above - requested waiver of the fire sprinkler requirements for the exemption period not to exceed three (3) years, subject to conditions as outlined by the Fire Services Commander in his memo of September 9, 1997, with the following additions signified by City Manager Netter during this Council meeting: *specify for 6th, 7th and 8th grades; *provide hold harmless agreement to the City; and emeet ctanrinrd inciirnnrP rerniirementc to nrnte(-t the C;tv Councilmember Reilly commented, for clarification purposes, that Council is opting to recommend proceeding with the second opinion of the Fire Services Commander, as his first opinion is not to grant the waiver for the reasons signified in his above - referenced memo. Councilmember Reilly urged a follow -up mechanism on the three year temporary waivers of this type to either meet the requirements of fire sprinkler installations or discontinue use of the portable buildings as classrooms. He also recommended sending a letter to the School District encouraging this procedure. 8) Carnival for Founders' Days Event -- City Manager Netter explained concerns related to this item deeming it an emergency matter due to unfortunate miscommunications. Carnival representatives just recently applied for a use permit on August 29th, which made it necessary for Planning Director Skanchy to schedule a special meeting on Monday, September 15, 1997 for the purpose of holding the required public hearing for use permits. Further concerns were reviewed in memo from Public Safety Director Rooney regarding costs related to providing security. Finance Director Harrow indicated that the City has received the required certificate of insurance for this item. City Manager Netter responded to Council questions confirming the nature of this being a policy matter needing a Council decision on whether or not it wants to proceed with the Carnival. Discussion included various Council comments expressing agreement with numerous discussions over the past four months that a carnival would take place during the upcoming Founders' Days event. -- A motion was made by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with Mayor Spiro absent, directing the City Manager to work with the Committee for this item to do everything that can be done on a responsible basis to enable having the Carnival for the Founders' Days event scheduled from September 18 -21, 1997, including responsibility factors of the Carnival related to security and insurance considerations to make sure the City is protected. 8) Joint Meetings -- City Manager Netter reminded Council to provide Administrative /City Manager Secretary Lorraine Roberts with any items to be listed on agendas for the upcoming joint meetings of the Parks & Recreation Commission on the 25th of September, and the School Board on the 30th of September. Council signified agreement with comment by Councilmember Mackenzie that the City Council Youth Representatives were more than welcome to attend these joint meetings, and should notify the City Manager's Office, if interested. Ro nex't:L'ark .pute 4�1 5c tctn€ber 1#1,1 't: 19. CITYATTORNEY'S REPORT.• 1) Any items from closed session City Attorney Flitner reported on closed session items as follows: •SIME case - The remaining issue is payment of attorney fees awarded to city. City Attorney to submit proposed order to the court. *Golfs case - The court issued a tentative decision. The attorneys have the right to comment on the proposed tentative decision before a final decision is filed. *Hillsboro case - The case has been referred back to the District Court from the Court of Appeals with a request from the Court of Appeals that the District Court consider the question of whether the issue is moot because Hillsboro has applied for and has received a capital improvement increase. The District Court will also consider the question of whether the attorney fees on appeal should be awarded to Hillsboro. 2) Political Activities of Non - Profit Recipients of Public Funds City Attorney Flitner responded to Councilmember Reilly's question regarding the question of whether a nonprofit organization which receives public funds, in this case from the City of Rohnert Park, can support specific candidates in a municipal election. City Attorney Flitner stated that he had written the California Attorney General on the question of whether the organization could maintain its nonprofit status if it supported specific candidates. An answer is anticipated in due course. 20. UNSCHEDULED PUBLIC APPEARANCES. Mayor Pro Tempore Vicki Vidak - Martinez asked if there were any additional unscheduled public appearances at this time. No one responded. 21. ADJOURNMENT. There being no further business, Mayor Pro Tempore Vicki Vidak - Martinez adjourned the meeting at approximately 9:20 p.m. p D tz rk le 1097mn ! k"l.-1/ec .. Mayor Pro Tempore