Loading...
1992/09/22 City Council MinutesRohnert Park City Council Minutes September 22, 1992 The Council of the City of Rohnert Park met this date in regular session commencing at 6:30 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 7:00 p.m. and led the pledge of allegiance. Mayor Spiro advised that a closed session commenced this evening at 6:40 p.m. to discuss litigation matters and personnel matters. She said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, and Mayor Spiro 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, Finance Director Harrow and Director of Public Safety Dennett. Approval of Minutes Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, the minutes of September 8, 1992 were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hopkins, seconded by Councilmember Eck, the bills presented per the attached list in the amount of $1,240,563.93 were unanimously approved. Non - agendaed Mayor Spiro queried if any Councilmember had any non - agendaed Matters items to add to the agenda. City Manager Netter said he had one emergency item to add regarding consideration of a resolution pertaining to the " ISTEA" program and certain traffic signal installation projects expressing intent that the City has sufficient funds to complete said projects. This is a procedural matter under the ISTEA program and must be adopted tonight to meet the regulations. Mr. Netter said he also had two items to add under City Manager's Report. Councilman Reilly said he had one miscellaneous item to add. 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 Cumber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. Rohnert Park City Council Minutes (2) September 22, 1992 Linda Branscomb, 21 Anne Way, referenced comments made during the Budget Work Session, inu ediately preceding tonight's Council meeting, relating to the Connunity Development Agency budget. She said she would also like to attend the meeting the City Council plans to have with the FAIRE representatives as she has concerns regarding TDA funds the City appropriated last year from the unmet needs funds that was earmarked for a bike path. Ms. Branscomb said part of her concern comes from being on the Transit Committee and review of funding issues at those meetings. Discussion followed during which Council agreed Ms. Branscomb should meet with City staff to obtain the information and clarification. 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 Nbeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution A RESOLUTION APPROVING SUBMITTAL OF A HOLRBEHOLD HAZARDOUS WASTE, No. 92 -153 NON - DISCRE'T'IONARY GRANT Resolution A RESOLUTION OF THE COLUCIL OF THE CITY OF ROHNERT PARK APPROVING AN No. 92 -154 AGREEMENT IN SETTLEMENT AND COMPROMISE OF LITIGATION AND MUTUAL RELEASE OF ALL CLAIMS FOR ROBERTS VS. CITY OF ROHNERT PARK AND AUTHORIZING MAYOR TO EXECUTE SAME Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Scheduled Public Appearances: "Youth of Representatives of Rohnert Park Founders' Day Association, Lew Kuehm, the Year" Chairman, and Vida Jones, Coordinator of the "Youth of the Year" Program, reviewed details pertaining to the "youth ambassador" program including comments that it was a good time to start this program with the celebration of the 30th Birthday of Rohnert Park. Mr. Kuehm presented a perpetual "Youth of the Year" plaque to Council with the names of Nb Aimag and Jenny Ito engraved as the first two "Youths of the Year of the City of Rohnert Park ". Mr. Kuehm said a letter had been sent to the City Manager requesting that these two young people be placed on lists for invitations to various City functions and /or relevant meetings to become involved and informed. He introduced Nb Aimag to Council who shared comments relating to the group of six young people involved in this year's "Youth of the Year" Program, and participated in the recent Bed Race for the Founders' Day event. Rohnert Park City Council Minutes (3) September 22, 1992 Resolution A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE INSTALLATION No. 92 -155 OF STOP SIGNS (on Bodway Parkway at Magnolia Avenue) City Manager Netter explained the resolution as reviewed in the Council Meeting Memo. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 92 -155 was waived and said resolution was adopted. Tree City Manager Netter explained the resolution for consideration of Trimming award of contract for tree trimming services as reviewed in the Services Council Meeting Memo recommending the lowest bidder. He referenced copies provided to Council of letter dated September 21, 1992 from said lowest bidder, Hagestrom & Sons Tree Service, withdrawing the bid due to estimator's failure to add in traffic control people. City Manager Netter recommended allowing this forfeiture because the difference of approximately $2,000 would not justify possible costs that could be incurred if the City chose to pressure the bidder to fulfill the contract as submitted. Discussion followed during which City Manager Netter, City Attorney Flitner and Director of Public Works Brust responded to various Council questions regarding this matter. City Attorney said it is usually a question of whether a bidder misunderstands the bid and is not without precedence. He said he had not had an opportunity to review this particular situation, but had researched similar issues in the past, and comwnted on comparisons of types of mistakes dealt with in the past and resulting decisions. City Attorney Flitner said he did not know which category tonight's issue fit, but he did not think Council's acceptance of the above - referenced forfeiture compromised legalities since the bid was not yet accepted and nothing requires Council to award a contract because of a call for proposals. Council concurred to defer this item to the next Council meeting to allow City Attorney time to review legalities of same. Animal City Manager Netter referenced copies provided to Council of staff Shelter report with bid results of September 15, 1992 for Animal Shelter, Project No. 1990 -14 as reviewed in the Council Meeting Memo. He said animal shelter funding concerns, due to the State "hit" on redevelopment funds in excess of a half million dollars, had been discussed during the Budget Work Session preceding tonight's Council meeting. It was concluded that this item would be deferred until after the Council Committee and staff could meet with FAIRE representatives to further review funding possibilities. Mayor Spiro advised that there are other items the Council must consider because of the State impacts. She said the above- referenced Council Committee meeting for the animal shelter, with staff and FAIRE representatives should be held prior to the Council meeting of October 27, 1992 when this matter may be considered further. Rohnert Park City Council Minutes (4) September 22, 1992 Traffic Signal Installation Projects: City Manager Netter referenced copies provided to Council of procedural resolution for consideration and shared contents therein pertaining to certain traffic signal installation projects. He said the resolution of intent for the Surface Transportation Program (STP) had to be submitted by tomorrow in order to be considered for the 1993 Transportation Improvement Program (TIP), therefore, there was a need to declare this an emergency item as it had not been placed on tonight's agenda. Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, to declare as an emergency item consideration of resolution for the Surface Transportation Program (STP) for traffic signal installation projects as described, was unanimously approved. Resolution A RESOLUTION OF THE CITY OF ROHNERT PARK EXPRESSING INTENT WITH REGARD No. 92 -156 TO PUBLIC AGENCY FUNDS AND THE SURFACE TRANSPORTATION PROGRAM (STP) FOR TRAFFIC SIGNAL INSTALLATION PROJECTS ON GOLF COURSE DRIVE AT FAIRWAY DRIVE AND AT COLUTRY CLUB DRIVE AND ON C"ONNERCE BOULEVARD AT AVRAM AVENUE Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -156 was waived and said resolution was adopted. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE No. 566 ROHNERT PARK MUNICIPAL CODE BY MODIFYING THE LOCATION HEIGHT OF FENCES, WALLS AND HEDGES ON EXTERIOR SIDEYARDS City Manager Netter explained the ordinance as reviewed in the Council Maeting Memo which was introduced at the previous Council meeting of September 8, 1992. Upon motion by Councilman. Hollingsworth, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 566 was waived and said ordinance was adopted. Disaster Preparedness /Internal Communications System: City Manager Netter referenced copies provided to Council of staff report dated September 16, 1992 regarding Emergency Preparedness Report and shared commments as reviewed in the Council Meeting Memo. This report was compiled in response to previous inquiry by Councilman Reilly concerning the City's plans in case of a disaster. Director of Public Safety Dennett reviewed contents of the above - referenced staff report regarding emergency preparedness, as prepared by Officer John Ellis, confirming participation with surrounding communities to develop the best possible contingency plans for the citizens. Chief Dennett and Officer Ellis responded to various Council questions regarding same. City Manager Netter confirmed to Council inquiry that emergency instructions would continue to be placed in the Rohnert Park News Letter when published, and such information could now also be put into the utility billing system. Rohnert Park City Council Minutes (5) September 22, 1992 Rohnert Park Chamber of Commerce Agreement: City Manager Netter referenced recent meeting with Chamber of Commerce representatives regarding agreement with the City and said options are still being considered. Another meeting with Chamber representatives, including the Executive Director, will be held in the near future, therefore, this item will be deferred to the next Council meeting. Resolution A RESOLUTION APPROVING AN AGREEMENT WITH J. KARLA LENDN TO PROVIDE No. 92 -157 SERVICES AS SYMPHONY CONDLUTOR/MJSIC DIRECTOR AND AUTHORIZING THE MAYOR TO EXECUTE SAME City Manager Netter explained the resolution as reviewed in the Council Feting Memo. He referenced copies provided to Council of Memo Of Understanding dated August 5, 1992 regarding the 1992 -93 Symphony Contract Transition Plan and shared contents therein pertaining to the first year of a two year transition changing the Rohnert Park Symphony from a civic entity to a private/ independent company. City Manager Netter acknowledged Rohnert Park Symphony representatives present at tonight's meeting, specifically, Conductor Carla Lemon, new Symphony Manager Linda Temple, and Mr. Tom Anderson and his wife, Suzanne, who have been instrumental in the development of Friends of the Symphony (a non - profit entity for promotional purposes). Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, reading of Resolution No. 92 -157 was waived and said resolution was adopted approving the one (1) year agreement with the Rohnert Park Symphony including Memorandum of L,hderstanding for transition plan as recommended by staff. Mobile Home Relocation Protection Ordinance: City Manager Netter shared comments as reviewed in the Council Meeting Memo regarding Ordinance No. 567 which was introduced at the previous Council meeting of September 8, 1992. He said a public hearing had been duly noticed and scheduled at this time regarding same. Public Hearing Mayor Spiro opened the public hearing at approximately 7:38 p.m. James Clark, 80 Walnut Circle, said he had reviewed the proposed Mobile Home Relocation Protection ordinance and approved of its entirety with the exception of making one change on page 4 under Section 16.58.030. He recommended changing the estimated cost of moving to locations from "within a twenty (20) mile radius" to locations "within a ten (10) mile radius ". He said a lot of people that would be affected by this ordinance are senior citizens who would have their medical help within a close proximity, therefore, the 10 mile radius should be sufficient. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 8:40 p.m. Rohnert Park City Council Minutes (6) September 22, 1992 Discussion followed during which Council comrents confirmed agreement with Mr. Clark's above recommendation. Acknowledgment was made that there is a big difference between a 10 mile radius and a 20 mile radius when considering pi radius squared. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK PROVIDING MLNIKJM STANDARDS No. 567 AND REQUIREMfi'S FOR THE CONVERSION OR CHANGE OF USE OF NDBILEHOW PARKS WITHIN THE CITY OF ROHNERT PARK Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, with amendment under Section 16.58.030 to change the referenced 20 mile radius to 10 mile radius, reading of Ordinance No.567 was waived and said ordinance was adopted. Mobile Home Park Purchase Program (City of Capitola MWel) City Manager Netter referenced copies provided to Council of City of Capitola Bond Prospectus dated July 15, 1987 regarding its mobile home park purchase program enabling homeowners to purchase their own. sites. Mr. Netter said this item was previously reviewed during July 28th, 1992 Council meeting during which Liaison Councilmember Eck was directed to further investigate the matter. Since then, Councilman Eck has met with representatives of the City of Capitola followed by a meeting with the owners of Rancho Feliz Mobile Home Park regarding the feasibility of a similar program in the City of Rohnert Park. Discussion followed during which Councilman. Eck responded to various Council questions regarding the results of his above - referenced meetings confirming the positive interest of the owners at Rancho Feliz in the City of Capitola model program for mobile home park purchases. Councilman Eck said he had been asked to see if any other parks might be interested in same, that Rancho Feliz owners said they would be willing to set up work shops in their club house to enable further consideration of this matter, and that he was in the process of contacting Valley Village Mobile Home Park whereby some good questions have been raised that will need to be addressed. Councilman Eck said he understood that the City of Capitola is now proceeding with a second similar program. A two to three year time frame for Rohnert Park would be a realistic consideration so people would not get the feeling that there might be some kind of hidden agenda regarding this proposal. Councilman Eck stated further that the park owners suggested the possibility of considering counter clauses such as more affordable units. City Manager Netter indicated he was in the process of contacting other park owners (from the other four parks) to find out if they are also interested in this program. City Manager Netter confirmed staff would work toward setting up work sessions with the mobile home parks, if desired. Council agreed. Water/Wastewater Conservation Fee: City Manager Netter shared comwnts as reviewed in the Council Meeting Memo regarding Ordinance No. 568 establishing a Water /Wastewater Conservation Fee, which was introduced at the previous Council Meeting of September 8, 1992. He confirmed the recommended fees are $300 per residential unit and $1500 per acre for commercial /industrial projects. City Manager Netter said a public hearing had been duly noticed and scheduled at this time regarding same. Rohnert Park City Council Minutes (7) September 22, 1992 Public Hearing Mayor Spiro opened the public hearing at approximately 8:45 p.m. Bill Adams, 762 Bret Avenue, expressed concerns about the recommended $300 fee per residential unit and said such a fee is bound to be passed on from the developer to the home owner. He said, as a home owner, he did not want to pay for someone else's connections and he was here tonight to urge Council to remember who ends up paying for this. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 8:47 p.m. Discussion followed during which Council convents confirmed that the concern expressed regarding the passing on of the $300 residential fee is a good point, however, agreed the fee is fairly economical and reasonable conpared to costs involved for the purchase of a new home. City Engineer Brust responded to Council directive that their homes would be scheduled for retrofitting as requested. Ordinance AN ORDINANCE OF THE CITY OR ROHNERT PARK ESTABLISHING A No. 568 WATER/WASTEWATER CONSERVATION FEE Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Ordinance No. 568 was waived and said ordinance was adopted. Resolution A RESOLUTION OF THE CITY OF ROHNERT PARK ESTABLISHING FEES FOR No. 92 -158 WATER/WASTEWATER CONSERVATION FEE FUND Upon motion by Councilman. Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -158 was waived and said resolution was adopted. Water/Wastewater Conservation Retrofit Program update: Director of Public Works /City Engineer Brust updated Council on the Water/Wastewater Conservation Retrofit Program including convents reviewed in the Council Meeting Memo. He advised that approximately 2,000 toilet retrofits and 900 shower head replacements have been installed to date, which represents approximately 80% completion of the first phase of the retrofit project. Following completion of the process for staff to calculate the actual water /wastewater flow saved, and when those figures are available for Council review, consideration will be given to proceeding into a second phase of the project. Transportation matters /Sonoma County Transportation Authority (SCTA): City Manager Netter said copies were provided to Council of Sonoma County Transportation Authority agenda notice and attachments for its meeting of September 14, 1992. Mr. Netter shared convents as reviewed in the Council Meeting Memo confirming the attendance of Councilman Eck and City Engineer Brust at this SCTA meeting. Rohnert Park City Council Minutes (8) September 22, 1992 City Engineer Brust referenced his notes as written on the above - referenced SCTA meeting agenda. He and Councilman Eck responded to various Council questions and reviewed action items of said meeting which were outlined on tonight's City Council agenda as follows: 1) Budget - Approval of Final SCTA Budget for Fiscal Year 1992 -93 with change to hire or contract a full -time Planner and full -time Clerk to assist in relieving the work overload of the Executive Director. Lengthy discussion of this particular item during the SCTA meeting concluded the additional staff would result in being more than economical when compared to the staff assistance that has been necessary from the cities. 2) Establishment of a Countywide and City Bicycle Committee - City Engineer Brust explained the second item adopted by the Metropolitan Transportation Commission (MI'C) regarding the use of TDA funds and the requirement of a Countywide Bicycle Committee and City Bicycle Committees. Councils of cities will need to appoint three members to the County Committee along with a staff member to take minutes at the meetings. Discussion followed. Councilman Eck and City Engineer Brust responded to various Council questions pertaining to the make up of the Countywide Bicycle Committee and coordination of same by SCTA. Each City will be required to have a separate Bicycle Committee to qualify for use of the above - referenced TDA funds. Council concurred that a notice should be placed in the local newspaper for the Bike Committee appointments. 3) County Public Hearing for Unmet Transit Needs - City Engineer Brust said the notice regarding the County Public Hearing on Unmet Transit Needs was provided for informational purposes. Said hearing will be held at 5:00 p.m. on Wednesday, September 30, 1992 in the Sonoma County Board of Supervisors Chambers, 575 Administration Drive, Room 102, Santa Rosa, California. City Engineer Brust responded to various Council questions pertaining to the possibility of certain TDA funds and MrC process of determination. He confirmed that $65,000 had been set aside for the bike path, which could possibly be available for streets and roads, but the matter would have to go through the hearing process followed by MM determination of no unmet transit needs. 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. Mayor Spiro referenced item 2 on the Communications list from resident opposing stop signs on Country Club Drive at Daniel and Santa Dorotea Streets and said, if her recall was correct, the particular stop signs had been installed because of numerous accidents at that intersection. City Manager Netter said staff had recommended against the stop signs and referenced staff report dated June 16, 1992 reviewing traffic accidents at intersections along Country Club Drive. Councilman Rohnert Park City Council Minutes (9) September 22, 1992 Hollingsworth said he uses the referenced intersection constantly, and though the traffic might be slowed down somewhat, the stop signs do seem to help considerably in driving onto Country Club Drive. City Manager Netter confirmed the detailed information would be mailed to the resident, K. Acton, who expressed opposition to the stop signs. City Manager's Report: 1) 1984 Mortgage Revenue Bonds - City Manager Netter said copies were provided to Council of letter dated September 8, 1992 from Janie V. Walsh, Executive Director of Sonoma County Community Development Commission regarding Sonoma County Home Financing Authority 1984 Home Mortgage Revenue Bonds: Authorized Uses for Funds from Retirement of 1984 Bonds with attached letter dated September 1, 1992 from Ken Jones of Jones Hall Hill & White responding to said matter. City Manager Netter reviewed contents therein and responded to various Council question regarding same. He confirmed the funds should be allocated to some type of housing program and the intent was to help first time home buyers. He said the funds would be placed in the Community Development Agency account for housing rehabs or set asides to be used at Agency discretion. 2) Scandia Family Fun Center - City Manager Netter said copies were provided to Council of letter dated September 3, 1992 from Scandia Family Fun Center responding to City's request to consider the 1% fee of "other sales ". Mr. Netter shared contents therein confirming Scandia's regrets that it is financially unable to continue with the fee of "other sales" as requested. City Manager Netter reviewed the history of establishing the initial agreement with Scandia, and Council's decision a little over a year ago when the Council considered phasing out the "2% on other sales" and directed the City Manager to work out a phase out program. With Scandia's above - referenced response, City Manager asks for Council direction as it seems Scandia owners do not agree with the proposed phase -out program. Discussion followed during which City Manager Netter and City Attorney Flitner responded to various Council questions regarding this matter. City Attorney Flitner reviewed former City Manager Callinan's position that a deal is a deal regarding this agreement with Scandia whereby the City traded off other items such as the set back and parking requirements, and Scandia's argument that they felt squeezed or coerced. Council also recalled additional allowances and considerations pertaining to the initial agreement with Scandia. Confirmation was made regarding Scandia's payment of sales tax on mechanical play devices and other sales items and that the fee of "other sales" compensated for the golf game that is not subject to sales tax. Comments were also made regarding the possibility of considering an entertainment tax. City Council concluded the discussion by directing the City Manager to inform Scandia of the City's phase out program. A motion was made by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, to accept a 1% fee for "other sales" this year from Scandia (from January 1, 1992 through June 30, 1993) and beginning on July 1, 1993 the percentage on "other sales" would be reduced to 0 %. Rohnert Park City Council Minutes (10) September 22, 1992 3) Status of bingo licenses - City Manager Netter reviewed recent conflicts regarding Bingo games in the process of making sure specific items met both City and State laws. PAL submitted an application to the Department of Public Safety to include an additional day for bingo which was Tuesday night. PAL advertised it as non - smoking night. This conflicted with Soroptomist and E1 Rancho Lions Club bingo on the same night. Bingo operators discussed the matter with City Manager Pro - Tempore Brust in the absence of City Manager Netter who was out of town on business attending International City Managers Association meeting. City Manager reviewed the complexities involved with the applications and understanding the interpretation of the ordinance. Chief Dennett had responded to what he thought was clearly the letter of the law and sent the second bingo group home. Since then the City has received a few calls from the other side saying this situation has hurt their bingo nights. City Manager Netter said he did not think the City Ordinance is that clear regarding restricting the number of nights for a bingo operation and that the City may not have the authority to restrict the Tuesday night game, if PAL meets all other conditions as outlined in the Bingo law. City Manager Netter indicated he met with representatives from PAL and representatives from El Rancho Lions Club and Soroptomists in an attempt to resolve the conflict in an acceptable manner. Discussion followed during which City Attorney Flitner responded to Council questions and said he had briefly reviewed the Bingo ordinance and discussed the matter with City Manager Pro- Tempore Brust. He further reviewed the complexities of understanding the ordinance in laymen terms pointing out that the meaning of the word "shall" continues to be debatable. City Attorney Flitner said it seemed to him that if Council desires to allow the various bingo games, it would be better to amend the ordinance so there is no misunderstanding regarding such specifics. Further discussion followed during which Council made comparisons with the requirements for 4th of July fireworks stands and the possibility of card rooms in the near future which could further complicate the wording of the ordinance. Council concluded that Council Committee Member Hopkins and Eck should meet with staff and Bingo representatives at the meeting scheduled this week on Thursday, September 24th at 6:00 p.m. in efforts to resolve the matter. The ordinance should also be reviewed by City Attorney for clarity of meaning regarding the word "shall ". 4) Update on State budget impacts - City Manager Netter said this item was reviewed during the Budget Work Session immediately preceding tonight's Council meeting. 5) David Nelson, Eagle Scout, cleanup project - City Manager Netter referenced copies provided to Council of staff report dated September 4, 1992 from Department of Public Works regarding recent efforts of David Nelson, Eagle Scout candidate from Troop 101 to organize a creek cleanup project for Copeland Creek from the High School to City Hall. Mr. Netter said staff recommends sending a letter to Eagle Scout Nelson over the Mayor's signature expressing appreciation for this commendable effort. Council concurred. Rohnert Park City Council Minutes (11) September 22, 1992 6) Mayor Spiro referenced her concerns expressed at the previous Council meeting regarding red lights on the inside window of patrol cars, and asked if Chief Dennett could report on this matter. Chief Dennett responded that the lights on the windshield are CHIP approved, that there are only four lieutenants with such lights, and that the standard rule regarding the sound of a siren is to pull over to the curb and stop. Councilman Reilly commented that sometimes siren vehicles come up to a person on the right and, therefore, the visual site of the red light is necessary at such times. 7) City Manager Netter said some work is being done on the #1 tee at the golf course pertaining to drainage and it would be a good time to get started on the City's part of necessary work at that location. He said this project was a commitment to the golf course by former City Manager Peter Callinan. He asked for Council's concurrence to proceed with the golf course work and approval of approximately $35,000 from set aside funds. Discussion followed during which Council concurred to complete this project but said this matter should be placed on the next Council agenda for consideration. 8) Milt Hudis Dedication - City Manager Netter asked if Council desired to consider Magnolia park dedication on behalf of Milt Hudis, who recently passed away. Mr. Hudis engineered the drainage on many of the parks for the City of Rohnert Park and did much of the engineering work for the City. Council comments included that Mr. Hudis was also the first City Engineer for the City. City Manager Netter indicated that a nice statement would be added to the plaque in memory of Milt Hudis. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, for staff to proceed with necessary preparations for Magnolia park dedication in memory of Milt Hudis. 9) City Manager Netter reviewed results of recent survey regarding the appreciation affair(s) for City commissions, employees and volunteers, with the conclusion that the majority prefer the formal occasion but would like consideration given to putting it back in the Community Center. Since the Community Center is too small to have everybody at one affair, it would still be necessary to have separate occasions for employees and commissioners. The space might still be questionable for all City employees and volunteers, so consideration could be given to including certain volunteers (such as fire fighters, police dispatchers, etc.) with commissions, which would save money as compared to having a third appreciation affair for volunteers. City Manager Netter responded to various Council questions and said bringing it back to the Community Center could possibly lower the costs. Other scenarios have also been considered, such as using the gym for a sock hop type of occasion since the protective requirements of the gym floor would include people wearing white soled tennis shoes or socks. Discussion followed during which Council comments included the need to consider budget concerns with encouragement for City Manager to meet with Employees' Committee to work out details. Councilman Hopkins expressed preference to have the occasion at the Red Lion Inn and said Rohnert Park City Council Minutes (12) September 22, 1992 the displeasure with the meal at last year's event was unfortunate, but that would probably not be the case for future events. Mayor Spiro expressed concern that volunteers might prefer attending an affair with their co- workers as compared to being included with commissioners. Councilman Eck expressed preference to having one appreciation affair. City Attorney's Report: 1) Centex v. City of Vallejo - City Attorney Flitner referenced copies provided to Council of letter dated September 3, 1992 from City of Vallejo requesting support in the amicus brief regarding Centex v. City of Vallejo. He shared contents therein explaining the significance of provisions allowing cities to impose development fees. City Attorney Flitner said joining this amicus brief would be no cost to the City and recommended same as it is hard to find reasonable sources of funding for cities. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to join the amicus brief pertaining to Centex v. City of Vallejo as requested. 2) City Attorney Flitner reviewed the Kathleen Cox accident related to a falling tree. He said the case was recently dismissed and explained the three year timeframe pertaining to papers served. W. Flitner said the timeframe for this case has been 2 years and 11 months, therefore, the dismissal should be final. 3) City Attorney Flitner reviewed Roberts case regarding property by Willis Avenue and abandonment of public right of way. W. Flitner said he expected settlement this evening with the agreement to install the roadway. He said the City is not that involved with the private factor, but thought the City has done all it can do regarding the matter. City Attorney said the intention now is to get their answer on file and, hopefully, they will agree to the settlement. He recommended Council approval for City Attorney to give notice to have said agreement by next Council meeting. Council agreed. Matters from Council: 1) City Manager Netter advised that the retirement dinner for Councilman Hopkins has been scheduled for Friday, November 13, 1992 at the Rohnert Park Community Center. Discussion followed. 2) Mayor Spiro said she would like the City to start requiring a P. G. & E. representative to provide an explanation for outages at each Council meetings following same for purposes of accountability. Discussion followed. Bill Adams, 762 Bret Avenue, responded from the audience that he worked for the Public Utilities Commission for 22 years and explained tariffs for planned outages with requirement to give notice. Otherwise, if accidental outages occur, notice is not possible. Rohnert Park City Council Minutes (13) September 22, 1992 3) City Manager Netter referenced notice dated September 14, 1992 from County Board of Supervisors that the City Selection Committee will hold a special meting on October 8, 1992 regarding Local Agency Formation Commission appointment. He asked if Council desired to make a recommendation for said appointment. Mayor Spiro signified her interest in same. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, recommending Mayor Spiro be the designated alternate appointment to the Local Agency Formation Commission. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. Adjournment Mayor Spiro adjourned the meting at approximately 9:00 p.m. De y Cit Cler Mayor