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1992/08/11 City Council MinutesRohnert Park City Council Minutes August 11, 1992 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 Spiro presiding. CALL TO ORDER Mayor Spiro called the regular session to order at approximately 6:15 p.m. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss a litigation matter (Sim- vs. City of Rohnert Park) and personnel matters. Regarding personnel matters, she had a statement to read after the pledge of allegiance. Mayor Spiro also noted that Councilm -n Eck and Hopkins were on vacation. Mayor Spiro led the pledge of allegiance. ROLL CALL Present: (3) Councilmembers Hollingsworth, Reilly, and Mayor Spiro Absent: (2) Councilmernber Eck (on vacation) and Councilmember Hopkins (on vacation) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, and Director of Public Works /City Engineer Brust. News Release Mayor Spiro read a news release that the City of Rohnert Park management employees volunteered their 3.5% cost of living adjustment effective August 1, 1992 which amounts to an annual savings of $65,000 in response to the City's fiscal crunch and to the City Manager's call for assistance to reduce the City's expenditures. The Mayor, on behalf of the City Council, commended management personnel for their leadership, dedication and commitment. Approval of Minutes Upon motion by Councilmember Hollingsworth, seconded by Councilmember Reilly, the minutes of July 28, 1992 were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hollingsworth, seconded by Councilmenter Reilly, and unanimously approved, the bills presented per the attached list in the amount of $957,516.19 were approved. Non- agendaed Mayor Spiro queried if any Councilmenber had any non - agendaed Matters items to add to the agenda. Rohnert Park City Council Minutes (2) August 11, 1992 Unscheduled Public Mayor Spiro stated that in compliance with State Law (The Appearances Brown Act), anyone in the audience who wished to make a comment may do so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. Jinn Furly Jim Furly, 1320 Commerce St., nT, Petaluma, was recognized and stated he wished to talk about the award of contract for janitorial services. Mayor Spiro asked W. Furly if he could wait until the item came up. W. Furly agreed. C O N S E N T C A L E N D A R Mayor Spiro queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. City Manager Netter stated he wished to pull Resolution No. 92 -134 and Mayor Spiro concurred that she wanted the same resolution pulled. City Manager Netter stated he also wished to pull Resolution No. 92 -136. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. CONGRATULATING DAVID SABSAY ON HIS RETIREMENT FROM SONOMA 92 -132 COUNTY LIBRARY COM-IESSION Resolution No. A RESOLUTION RECOGNIZING AND COMENDING MOUNTAIN MIKE'S PIZZA 92 -133 FOR BANNING SMXING IN ITS ESTABLISH -ENT Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 92 -135 ADOPTING AN INFECTIOUS DISEASE CONTROL POLICY AND PROCEDURE Upon motion by Councilmember Hollingsworth, seconded by Councilmember Reilly, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Animal Shelter Mayor Spiro indicated it was not clear to her whether the $1.1 million that is going out to bid included everything originally that was stated and wanted the last time the item was discussed. City Manager Netter replied he had several meetings with the architect, the Director of Public Works, Public Safety staff including the Animal Shelter staff and representatives from FAIRE, and the original cost including everything the way it was drafted, the way the plans were originally drawn, the architect estimated the cost at $1.4 million. The architect was asked what areas can be phased out as necessary and to show alternatives. $1.1 million would not Rohnert Park City Council Minutes (3) August 11, 1992 be the entire facility but we might be lucky enough because of the bidding environment that we could be surprised, based on the Public Safety building bidding. The bid is flexible enough and the gap between the bid and the estimate would have to be raised by Animal Shelter volunteers and members from FAIRE. Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS ANIMAL SHELTER 92 -134 PROJECT NO. 1990 -14 Upon motion by Councilman Hollingsworth, seconded by Councilman Reilly, and unanimously approved, Resolution No. 92 -134 was adopted. Advisory Ballot City Manager Netter explained the resolution and stated that D&-asures staff put together a ballot measure that had to be submitted to the County the following day which he reviewed with City Attorney Flitner and Finance Director Harrow but did not have time to check with the experts on assessment districts regarding how the City may approach it in presenting this to the public. Mr. Netter also stated that there is a technical error in the ballot measure in that it was not worded properly so that staff is recommending not to ratify the resolution and the Council pull this item and not enter it in the November ballot based on the technicality and 2 -1/2 months is not sufficient time to present this matter to the voters. Councilman Hollingsworth stated he has no problem pulling the item but would like to be involved in the process with Councilman Reilly so that the Council Committee will know what is going on and would like a committee meeting to discuss this further. City Attorney Flitner advised that a resolution be prepared to ratify what the Mayor did and authorize withdrawing this resolution for consideration by the electorate. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 92 -136 RATIFYING THE EXECUTION OF RESOLUTIONS N MERED 92 -130 AND 92 -131 WHICH PROVIDE FOR THE PLACEMENT OF CERTAIN ADVISORY MEASURES TO THE ELECTORATE OF THE CITY OF ROHNERT PARK AND WITHDRAWING THE MEASURES FROM A VOTE OF THE PEOPLE AT THE NOVEMBER, 1992 GENERAL ELECTION Councilman Hollingsworth made the motion to pull the resolution as initially presented on recommendation of staff and City Attorney Flitner (due to the technicality and not because the City Council does not want to put it on the ballot but because we are simply unprepared to do so at this time), and to adopt Resolution No. 92 -136 by title with revision as advised by City Attorney to include withdrawal of said ballot measures from the 1992 November General Election. Said motion was seconded by Councilman Reilly and unanimously approved. Rohnert Park City Council Minutes (4) August 11, 1992 Stacy Joy Greer Mayor Spiro read the First Wrtgage Credit Certificate and presented same to Stacy Joy Greer who purchased her first home through the program. Councilman Hollingsworth asked Mrs. Greer how many schools in Rohnert Park she attended. Mrs. Greer replied that she went to 4 schools and that she is almost a native of Rohnert Park except that she was not born in the City. Help You Sell & Mayor Spiro read the proclamations to representatives of Help 1st California You Sell and First California Nbrtgage and presented same to Mortgage them in connection with the MCC program. Rohnert Park Mayor Spiro read the resolution expressing appreciation to the Founders' Days Rohnert Park Founders' Days Association and presented same to Association Lew Kuehm. Scheduled Public Appearances. Youth of the Year Lew Kuehm was recognized and presented the High School seniors who are in the process of creating a bed for the bed race and who are candidates for the Youth of the Year Program. Mr. Kuehm stated that the candidates were asked to write a paper on "If I were a member of the City Council, I would .." Each candidate identified themselves to the Council. Mayor Spiro requested that copies of the papers be sent to the City Council for good ideas the Council can get from them. Joyce Poueu Joyce Poueu, 5760 Delores Drive, was recognized and requested waiving of the $160 fee for use of the softball field for a tournament to raise funds for the team that will go to nationals next month. She stated that she talked to Recreation Coordinator Guy Miller who suggested that she go to the City Council. City Manager Netter stated that Mr. Miller made that suggestion probably due to the fact that there was no Parks and Recreation Commission meeting prior to the date of the tournament. Discussion followed after which Councilman Hollingsworth suggested to Mrs. Poueu to pay the fee, have the tournament, and go to the Parks and Recreation Commission for its recommendation to follow proper procedures Mayor Spiro reiterated that the Council and staff spent a lot of time to develop procedure so there could be a process for items such as this. Rohnert Park City Council Minutes (5) August 11, 1992 Janitorial Service City Manager Netter referred to his Council Meeting Memo dated Award of Contract August 7, 1992 and stated that staff's recornnendation is to award the contract to the lowest bidder. Jim Furly, representative of Environmental Dynamics, the present contractor, was recognized and stated that their bid was midrange and being the contractor for the last 4 years, maybe there would be a motion to work with his conpany to bring down the cost further than the lowest bid to save the City some money. He stated that his conpany has always been known to reduce cost and it is in the best interest of the City that his conpany is willing to extend the contract at the existing rates and he will work with the City's Purchasing Agent to reduce the cost even more. Mayor Spiro stated that W. Furly has wonderful suggestions but it is unfortunate that he did not come forward before it was submitted to bid. Discussion followed on comparison of bids between Environmental Dynamics and the lowest bid, and OADS offer to provide janitorial service for the Performing Arts Center. On the suggestion of Councilman Hollingsworth, City Manager Netter explained that OADS is composed of handicapped individuals who work under direct supervision and the City tries to work with this program to give the handicapped individuals jobs to improve morale and to develop self - esteem. OADS offered to do janitorial services and selected one facility they felt they could handle. Further discussion followed on the City's bidding process and Councilman Hollingsworth asked if the lowest bidder's references have been checked and if they are bondable. City Manager Netter replied to the affirmative. Councilman Hollingsworth stated he does not see any reason why the City should pay $33,000 more to Environmental Dynamics and made the motion to award the contract to the lowest bidder. Resolution No. A RESOLUTION AWARDING CONTRACT (JANITORIAL MAINTENANCE 92 -137 SERVICE FOR ALL CITY FACILITIES) Upon motion by Councilman Hollingsworth, seconded by Councilman Reilly, and unanimously approved, Resolution No. 92 -137 was adopted. Rohnert Park City Council Minutes (6) August 11, 1992 Crane Melon Festival City Manager Netter referred to his Council Weting Memo dated & Corporate Games August 7,1992 for explanation. Councilman Hollingsworth asked if REMIF knows about the sporting events. City Manager Netter replied they knew last year that he did not notify them this year since it is similar to last year's event. Councilman Hollingsworth stated that speaking from an insurance standpoint, there is exposure in this event's organized sports. Discussion followed during which Councilman Reilly suggested that perhaps City employees can join at their own risk. City Manager Netter said that legally the City is responsible if the City sponsors and pays the fee. As last year, City Manager recommended approving participation for employee morale and camaraderie, and the risk we take is part of doing business. Councilman Hollingsworth suggested that the City get itself out of this situation next year and made the motion to pay the $350 sponsorship fee and the $200 to cover the cost of the T- shirts. Said motion was seconded by Councilman Reilly and unanimously approved. Resolution No. A RESOLUTION APPROVING A LEASE AGREEN= BETWEEN THE CRANE 92 -138 MELON FESTIVAL, INC. AND THE CITY OF ROHNERT PARK PERTAINING TO THE TEMPORARY USE OF CERTAIN LAND OWNED BY THE CITY OF ROHNERT PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT City Manager Netter referred to his Council Meeting Memo dated August 7, 1992 and explained the resolution. Upon motion by Councilman Hollingsworth, seconded by Councilman Reilly, and unanimously approved, said resolution was adopted. Councilman Reilly asked if there was any way to have an alcohol -free day next year. City Manager Netter said it was only a two day event but he will talk to the festival people. Use of Public City Manager Netter referred to his Council Meeting Memo dated Safety Bldg. August 7, 1992 and diagrams and site plans on display. Mayor Spiro stated she heard that the community school area will be fenced off. City Manager Netter stated they have backed off on the fencing unless they get a requirement from the State to do that. If a fence is required, an opening will be left to allow for vehicular traffic. Director of Public Works /City Engineer Brust stated that the parents can use the streets to drop off their kids. Rohnert Park City Council Minutes (7) August 11, 1992 City Manager Netter stated that they would like to move into the administrative offices as soon as possible to get ready for school in September. Councilman Hollingsworth queried the maximum number of students allowed to which City Manager Netter replied: 20. Councilman Hollingsworth asked if the neighbors have been informed and City Manager Netter replied he did not think so. Councilman Hollingsworth stated he cannot vote on this item until his concerns are addressed, namely the traffic and parking and that the neighbors have not been informed that there will be 20 kids in their backyard. Councilman Reilly stated it is a great idea and sorely needed but this should be done as a community. Discussion followed after which it was decided that a time for public comnent be scheduled with the neighbors at the next Council meeting. School Portable City Manager Netter referred to his Council Meeting Memo dated Buildings August 7, 1992 for explanation and to the August 5, 1992 letter from the Cotati - Rohnert Park Unified School District asking that the portable buildings be removed by August 27 which is not possible to meet. Mr. Netter also referred to July 29, 1992 letter from the Snyder Lane Baptist Church request for 2 of the portable buildings to be located in their church site and referred to diagrams on display where the buildings were to be located. Mr. Netter advised that this item has not been through the Planning Commission and he was bringing this up to the Council's attention to get direction from the Council on how to proceed, if the buildings are to be sold or donated by the City. Lindsay Cage Lindsay Cage, 7243 Circle Drive, was recognized and stated that the Church would like the City to donate the buildings and they will pay for their moving. Ralph Eichenbaum Ralph Eichenbaum, 5721 Dexter Circle, was recognized and stated that when he talked to Mr. Netter on the phone, there was no price indicated and he was hoping to get together with Mr. Netter for discussion prior to tonight's meeting. Councilman Hollingsworth stated that he concurs with City Manager Netter to sit down and work out a program and come back to the Council with a priority list for use of the portables and possible price so the Council can decide if it wants to donate or sell the buildings. Use of the buildings by Recreation Department, Animal Shelter or the Corporation Yard shop was also discussed. Rohnert Park City Council Minutes (8) August 11, 1992 RECESS Mayor Spiro declared a recess at approximately 7:23 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 7:34 p.m. with Councilmembers Hollingsworth and Reilly and Nhyor Spiro present. Planning & Zoning City Manager Netter referred to his Council Meeting Memo dated Specific Plan August 7, 1992 for explanation of Specific Plan Ordinance Ordinance No. 563 No. 563 and stated it was up for adoption. Councilman Reilly stated he was confused since his recollection of the meting was that he thought that this would not work until it was already within the sphere of influence or within City limits. City Manager Netter stated there is no question a Specific Plan area has to be in the General Plan area before you can do a specific plan. Assistant to the City Manager Leivo explained that a specific plan area has to be identified in the General Plan. If there are no specific areas identified in the General Plan, this ordinance will have no effect even though it is in the books. Therefore, the area has to be identified in the General Plan before the ordinance takes effect. Councilman Reilly stated the way he understood it was: do the full General Plan, set up the specific plans within the General Plan and then adopt the ordinance. Councilman Hollingsworth stated the ordinance gives the Council the ability when we are doing a General Plan amendment to see that this is a specific plan. It does not take effect until we are involved in the General Plan; it gives us a tool to use to help us with better planning. Councilman Reilly stated we are adopting this for a particular reason right now so that we can collect some money at some point. Nhyor Spiro asked can we make it a specific plan area when it has been annexed. Assistant to the City Manager Leivo replied that the ordinance allows the Council to identify specific planning areas outside of the City's sphere. Rohnert Park City Council Minutes (9) August 11, 1992 Councilman Hollingsworth stated that it protects the planning areas more than it is now; we have total control that Councilman Eck and I agreed on, and made the motion to adopt the ordinance. Mayor Spiro seconded the motion for discussion. City Manager Netter advised the Council that 3 votes are needed to adopt the ordinance. Said motion failed on the following roll call vote: Ayes: (2) Councilman Hollingsworth and Mayor Spiro Noes: (1) Councilman Reilly Absent: (2) Councilmen Eck and Hopkins Mayor Spiro directed staff to put the item back on the agenda for the next Council meeting. ComYunications Comiunications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Chamber of Commerce Councilman Hollingsworth stated that the City agreed to fund the Chamber Manager's salary of $35,000 but the new Manager hired is being paid $28,000 and suggested that the City pull back the $7,000 and he believes that with Price Club, Home Depot, and Wal -Mart, the Chamber will be better funded so he would like to put on the agenda the reconsideration of the contract with the Chamber of Commerce. City Manager Netter stated the item will be on the next meeting's agenda. Miss Sonoma County Mayor Spiro referred to Jennifer Esperante's letter of letter of appreciation for the luggage gift and stated that the City appreciation should not set a precedence because it makes it tough to say no to some when we are saying yes to others. Councilman Hollingsworth stated the Council also says no to some and not everybody requests support. City Manager's Report: EPA Lead and Copper City Manager Netter referred to his Council Meeting Memo dated Rule August 7, 1992 for explanation and stated that as Director of Public Works /City Engineer Brust pointed out, the State is not adopting the rule and standards including testing of our water systems which will cost between $5,000 to 10,000 annually and this is another Federal mandated regulation with no corresponding monetary contribution. Rohnert Park City Council Minutes (10) August 11, 1992 Director of Public Works /City Engineer Brust stated that the Federal government EPA has adopted the rule but the State declined to adopt it because the State lacks funding to monitor the program but will collect the data from the agencies and pass them to EPA. Councilman. Hollingsworth asked if the City does any testing now on lead and copper. City Engineer Brust replied that testing is done only on a 3 -year basis when we look at our wells but we do not test at the tap which is the concern of the EPA. The first run of water in the morning is most important for copper or lead overnight build -up and we have to develop a plan for a specific site to do the testing on. When asked by Councilman Hollingsworth for his recommendation, City Engineer Brust replied that he would recommend to do the testing because all the other agencies around the County are doing it and that he has discussed with his staff to go to other meetings throughout Northern California. Since most of the water agencies are going to abide by EPA rules, it would be prudent that the City does also. It is a Federal law which has been adopted and can be enforced by the Federal government. Normally, the State enforces but it won't because the Federal government did not give the State any money. Sonoma County City Manager Netter referred to his Council Feting Memo dated Convention August 7, 1992 for explanation and recommended that the & Visitors funding request stated in the July 17, 1992 letter be denied. Bureau The City Council concurred as the Bureau has eliminated convention marketing of which Rohnert Park benefits - not from tourism. Capitola mobile City Manager Netter stated that Councilman Eck wanted him to homes park report regarding the meeting W. Eck had with the City Manager purchases of Capitola and found their program very innovative. Mr. Eck was informed by Capitola that this is one of the best things they have done because it puts the protection of the citizens who buy and maintain their park spaces. Mr. Eck also wanted to set up a committee meeting with Councilman Reilly, to discuss the possibilities of beginning the process, which may include contacting the park owners to see if they are interested in selling their parks. City Manager Netter mentioned that Rancho Feliz might be a willing seller. Councilman Hollingsworth stated that it should be indicated to the mobile home park folks what the Council is doing and that it wants their input. City Manager Netter suggested the full Council workshop with the mobile home park tenants to update them, then meet with the park owners. Rohnert Park City Council Minutes (11) August 11, 1992 Route 101/Wilfred City Manager Netter referred to his Council Meeting N%mo dated Ave. Interchange August 7, 1992 and reported that this item is for information only. Director of Public Works /City Engineer Brust stated that the funding is anticipated to go forward so Caltrans is anticipating that in 2 years it will be able to purchase the right -of -way. Yr. Brust said that the City can go before the CTC every 2 years with the request to fund a project. Draft General Plan City Manager Netter stated that staff is working on the (Housing Element) General Plan and suggested that since it takes the State a long time to review the Housing Element, that a copy be sent to them. Councilman Hollingsworth stated the Council should first review the Draft before sending it to the State. The other Councilmembers concurred. State budget update City Manager Netter reported that the alternate Hill 2 is worse than Hill 1 and that they are still attacking redevelopment for housing and fund balance. We are still dealing with the same $500,000 to $1.5 million loss of property taxes, cigarette, and redevelopment tax increments. City Manager Netter appreciated the Mayor's and the City Council's comrendation of management staff for giving up their cost of living adjustment because they know there will be a hit but we just don't know when and we will be back in budget sessions to discuss other cuts depending on the amount of the "hit" from the State. While the $65,000 savings will not balance the City's budget, it is a first step and we are just waiting to hear from Sacramento like the other cities and counties. As everyone knows, there is still a stalemate between the State legislators and the Governor. City Attorney's Report: Steen vs. Thomson City Attorney Flitner reported a request from the City of et al amicus brief Santa Rosa to join in an amicus brief (at no cost to the City) which involves a search warrant for the Misfit motorcycle gang in Santa Rosa. The officer got permission from the court to search this particular nightclub during the night and was given permission for "no knock ". Somehow, signals got crossed and the officer knocked, went in, was confronted, and was shot. The District Court agreed with the City that what the officer did was reasonable but the Court of Appeals reversed the District Court and now it is on appeal to the Supreme Court. Discussion followed after which Councilman Hollingsworth stated he agreed that the officer was reasonable and we should send our support and by doing so, we are also supporting our own officers. Said motion was seconded by Councilman Reilly and unanimously approved. Rohnert Park City Council Minutes (12) August 11, 1992 Roberts case City Attorney Flitner reported that in the Roberts case a settlement is close and he will update the Council when completed. Natters from Council: City Manager reported that the following items listed on the agenda are for information only: League of Calif. Cities Redwood Empire Division Quarterly Naeting in Arcata on Saturday, August 15th. 49er Pet Grand Opening on Saturday and Sunday, August 15 and 16 with ribbon cutting on August 15th. City Manager Netter will find out the time. Empire Waste Management Grand Opening at Recycling Center, 3400 Standish Ave., Santa Rosa, on Thursday, August 20, 1992 from 4:00 to 7:00 p.m. Golf Course Councilman Hollingsworth stated that the sprinklers in the sprinklers north golf course are getting more and more breaks in the system because the contractor used inferior products and he was asked by American Golf if we could recover damages from the contractor and get the contractor in and it was indicated that the contractor is still in business. City Manager Netter stated he will do some research about the contractor and liability carrier of the contractor. Water treatment Councilman Reilly reported that there is a company selling or service offering to sell water treatment services with a sales pitch that Rohnert Park is going 100% to Sonoma Lake for its water because the wells are running dry. Councilman Hollingsworth stated that this sales pitch is not true and this company is committing fraud. Councilman. Reilly said he will give the name of the company to Director of Public Works /City Engineer Brust. Specific Plan Councilman Reilly stated that he would like a copy of the ordinance presentation made at the meting regarding the Specific Plan ordinance to clarify it in his mind what was said because he cannot vote for something that is unclear to him. Assistant to the City Manager Leivo stated he still has the video tape of the meting. Rohnert Park City Council Minutes (13) August 11, 1992 Library and Council Councilman Reilly asked if the Council meeting tapes have been meeting tapes made available yet at the library for checking out. Assistant to the City Manager Leivo replied he has talked to Mr. Gas and arranged to have this meeting's tape at the library this week. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. Adjournment Mayor Spiro adjourned the meeting at approximately 8:12 p.m. Deputy City Clerk Mayor