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1992/12/08 City Council Minutes_M � c • M_IS Rohnert Park City Council Minutes December 8, 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 Hollingsworth presiding. Mayor Hollingsworth called the regular session to order at approximately 6:25 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session comrenced this evening at 6:00 P.M. to discuss personnel, litigation and real estate matters. He said no action was taken and there was nothing to report at this time. Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, and Director of Public Works /City Engineer Brust. Mayor Hollingsworth welcomed new Councilmember Dawna Gallagher to the City Council and said he looked forward to working with her on the challenges ahead for the City. Approval of Minutes Upon motion by Councilmember Eck, seconded by Councilmember Reilly, with the exception of friendly amendment by Councilmember Spiro referencing bottom of page 7 that the response to the inquiry on the bidding process was by Councilman Eck, not Councilman Hopkins, the minutes of November 24, 1992 were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, and unanimously approved, the bills presented per the attached list in the amount of $288,240.22 were approved. CDA bills presented per the attached list in the amount of $17,973.94 were approved. Non- agendaed matters MDfv= OF SILENCE for Assemblyman Bill Filante Mayor Hollingsworth queried if any Councilmember had any non- agendaed items to add to the agenda. Councilmember Spiro said she had several items to add to the agenda under Comrunications and Matters from Council. Mayor Hollingsworth said word had been received that Bill Filante, a member of the State Assembly for many years, passed away early this morning. A moment of silence was observed in his memory. Rohnert Park City Council Minutes (2) December 8, 1992 Unscheduled Mayor Hollingsworth Public Brown Act), anyone in Appearances so at this time. stated that in compliance with State Law (The the audience who wished to make a comment may do Harriett Rohrer, 771 E. Cotati #N, distributed to Council copies of her letter dated December 3, 1992 regarding noise due to Saturday construction of Tower Apartments on East Cotati Avenue (copy attached to original set of these minutes) . She reviewed contents therein requesting Council to disallow weekend or holiday construction work in residential neighborhoods. Discussion followed during which Councilmembers expressed concerns regarding this matter as it was thought to be resolved via sub - meetings with residents, developers and contractors a couple of months ago during a previous City Council meeting (October 27, 1992). Apologies were extended to Mrs. Rohrer that the matter had not been fully resolved. City Manager Netter reported on recent phone comrunications with Mr. Doug Matlock, owner of existing apartments where Mrs. Rohrer lives, including a conversation late this afternoon regarding continued attempts to resolve this matter to everyone's satisfaction. It is now understood that the contractors would be willing to stop Saturday construction until the building is closed in, afterwhich the contractors would like to continue interior work that is not of such a noise nature. City Manager Netter said this approach seemed reasonable and would like to discuss it more fully with the contractor J. M. Hershey, Inc. before giving further consideration to the possibility of revoking their permit. Council concurred this situation needed to be remedied as recommended by staff, or take necessary actions to do so. C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. He explained the Consent Calendar procedure for the benefit of the new Councilrreember. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution A RESOLUTION OF THE CITY COLNCIL OF THE CITY OF ROHNERT PARK REJECTING No. 92 -198 THE CLAIM OF WILLIAM P. JONES (on behalf of Lynn Jones) c/o Stephen Gallenson, Esq. (re. alleged unlawful detainment by Public Safety Officers) Resolution RESOLUTION CALLING FOR SEALED PROPOSALS FOR RE- ROOFING THE MECHANICS No. 92 -199 SHOP AT PUBLIC WORKS CORPORATION YARD AND REPAIRING THE WOOD SHINGLE ROOF COVERING THE COM4-VITY CENTER Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -200 AUTHORIZING AND APPROVING AGREEMENT WITH THE CITY OF SANTA ROSA FOR ASSIGIVNENT OF FEDERAL AID, COMBINED ROAD PROGRAM (CRP) FUNDS Rohnert Park City Council Minutes (3) December 8, 1992 Resolution A RESOLUTION ENDORSING THE APPLICATION BY BURBANK HOUSING DEVELOPMqT No. 92 -201 CORPORATION FOR A GRANT FROM THE DESIGN ARTS PROGRAM OF THE NATIONAL ENDOWMENT FOR THE ARTS Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AM LADING TITLE 10, CHAPTER No. 569 10.52, SECTION 10.42.010 AND ADDING CHAPTER 10.53, SECTIONS 10.53.010 THROUGH 10.53.020 (REGARDING PRIVATE PARKING FACILITIES /PRIVATE ROADWAYS City Manager Netter explained Ordinance No. 569 as reviewed in the Council Meeting Memo. Said ordinance was introduced at the previous regular Council Meeting of November 24, 1992. A motion was made by Councilman Eck to adopt Ordinance No. 569, and seconded by Councilmember Spiro for discussion. Councilmember Spiro referenced traffic disturbances reported at one of the other private parking lots in Rohnert Park, namely Parkridge Apartments. She asked if there was something the City could do about it either by revisions to this ordinance or by other means, since conditions in this ordinance did not include such private parking areas. She said there is a speeding problem in some of these large complex private parking areas, and gave the recent example of a person going over 40 m.p.h. in the above- referenced apartment parking lot. Discussion followed. City Attorney Flitner confirmed other Council and City Manager comments that the City cannot regulate driving on such private properties. However, Public Safety could respond to the complaints as a deterrent and, also, the problem could be addressed by citizen arrest. Further discussion signified Council's preference to citizen arrests inside such private parking areas. Council concluded that a preventative measure of action could be for Public Safety to respond to such calls by going out to the scene. The presence of a Public Safety Officer could beneficially affect the situation, even though he would not be able to enforce any laws. City Manager Netter said he would inform Chief Dennett to advise the Public Safety Department to respond to such calls for observation, if for no other reason. Gender Balance on Boards and Commissions: City NHnager Netter referenced copies provided to Council of various items relating to Gender Balance on Boards and Commissions and shared comments as reviewed in the Council Meeting Memo. Said items included the following: 1) letter dated November 14, 1992 from Commission on the Status of Women with attached Gender Balance Resolution for consideration; 2) Council meeting minutes of last year dated September 24, 1991 and November 12, 1991 whereby a gender balance resolution Rohnert Park City Council Minutes (4) December 8, 1992 was not adopted on a two to two (2 -2) vote with one (1) Councilmember absent; 3) letter dated December 2, 1992 from City Attorney Flitner outlining his concerns regarding this matter with attached optional resolution for consideration reaffirming City policy to seek and appoint qualified applicants for City positions; and 4) a Gender Balance Resolution Survey reflecting the actions of other cities in the County of Sonoma with attached gender balance numbers for the City of Rohnert Park indicating 51% men and 49% women on the City's Boards and Commissions. Copies were also provided to Council of Resolution Nos. 91- 226, 92 -78 and 92 -79 establishing employment policies of the City consecutively as follows: against harassment, reaffirming commitment to equal employment opportunity, and against discrimination of qualified individuals with a disability. City Manager Netter advised that Nora Cousens, Representative for the Comnission on the Status of Women, was present at tonight's meeting to review their request and respond to Council questions. Mr. Netter said staff recommends the alternative resolution proposed by City Attorney Flitner over the gender balance resolution. Mayor Hollingsworth queried if Council had any questions for staff regarding this matter at this time. No one responded. Nora Cousens, Chair of Women in Leadership Task Force and Commissioner on the Sonoma County Commission on the Status of Women, 200 Springs Hill Road, Petaluma, California shared contents of above - referenced letter requesting adoption of attached Gender Balance Resolution. She extended compliments to the City of Rohnert Park because it has done the best of all the cities in the County at nearly equal percentages for gender balance. She pointed out that this resolution did not represent a mandate but is simply a request asking elected officials to at least try and have an over -all balance when making appointments to boards and commissions. Ms. Cousens responded to various Council questions regarding this matter. Discussion followed during which varying Council opinions were expressed regarding support of the Gender Balance Resolution with minor changes or City Attorney's alternative resolution reaffirming City policy to seek and appoint qualified applicants. A motion was made by Councilmember Spiro, seconded by Mayor Hollingsworth for further discussion, to adopt Resolution No. 92 -202 as prepared by City Attorney reaffirming above- reviewed City policy. Further lengthy discussion followed comparing contents of the above - referenced resolution for consideration with differing opinions of the legalities involved. Councilmember Spiro said from philosophies shared by other female mayors at the Municipal Mayors Convention she attended in New Orleans last year, that she was not a lone voice in choosing to support the City Attorney's alternative resolution because of the potential legal complications of gender balance by mandate. Councilmember Gallagher and Councilmember Eck both specified preference to the Gender Balance Resolution with minor changes because of the clarity of the language. Councilman Eck recommended two (2) Rohnert Park City Council Minutes (5) December 8, 1992 changes in said resolution as follows: 1) deletion of the third "whereas" because he did not think the referenced policy should be limited to women, and 2) deletion of item number 3 in the closing paragraph because the preceding item numbers 1 and 2 adequately cover the intent for notification purposes; therefore, item number 3 should be deleted because there may be times when Councilmembers have a particular appointment in mind or decide to re- appoint a person to another term. City Attorney Flitner responded to Council inquiry that such a gender balance resolution could become more mandatory. It could be used to point to more specific legalities in the future. Mr. Flitner shared his opinion as reviewed in his above- referenced letter stating that the issue should be quality and equal access to all and not numbers or quantity of any particular group. Mayor Hollingsworth confirmed he agreed with City Attorney that a City policy should not isolate on one specific group to eliminate the possibility of future litigation. The City Attorney's alternative offers a broader concept without potential legal ramifications. Further suggestions were made to resolve the differences of opinion between the two resolutions. Nora Cousens /Commission on the Status of Women, said she thought the City Attorney's alternative resolution lost the heart of the matter. She said the City of Rohnert Park is already complying with the Gender Balance Resolution and agreed the third item was redundant and could be deleted as recommended. She said there has been no litigation yet on similar resolutions adopted by other cities. She said this is not a law, but simply a resolution. A motion was made by Councilman Eck to table this item until such time as differences might be resolved regarding legality of resolution language. Mayor Hollingsworth with -drew his second to the above motion by Councilmember Spiro to adopt Resolution No. 92 -202 and seconded this motion by Councilman Eck to table this item. Councilmember Spiro withdrew her above - referenced motion to adopt Resolution No. 92 -202. Following response to Mayor's request for volunteers, Mayor Hollings - worth appointed Councilmembers Spiro and Gallagher to review this matter further. Rohnert Park Assembly of God Church - building permit fee extension request: City Manager Netter said copies were provided to Council of letter dated December 1, 1992 from Rohnert Park Community Asserbly of God Church requesting a one (1) year extension to pay the balance of building permit fees due to current low reserves. Mr. Netter shared comments as reviewed in the Council Meeting Memo pertaining to background information confirming that the Assembly of God Church has made timely payments the past three years. Staff recommended deferring the $5,700 until December 1993 as requested. Rohnert Park City Council Minutes (6) December 8, 1992 Mayor Hollingsworth acknowledged the presence of Rev. Chip Worthington in the audience of this Council meeting. Discussion followed. A motion was made by Councilman Eck, seconded by Mayor Hollingsworth with friendly amendment to change the month due from December to June 1994 because of the many demands on local churches during the month of December, and unanimously approved, to defer payment of the remaining balance of building permit fees ($5,700) from the Rohnert Park Assembly of God Church to June 1994. Ordinance AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.44, SECTION 9.44.160 THROUGH No. 570 SECTION 0.44.200 REGARDING AMPLIFIED SOUND WITH PROVISION AND APPLICATION REQUIREMENT City Manager Netter explained the sound ordinance for possible introduction as reviewed in the Council Meeting Memo. Staff recommended introduction of this ordinance tonight with public hearing of same to be scheduled the first Council meeting in January 1993. Upon motion by Councilman Eck, seconded by Councilman. Reilly, and unanimously approved, reading of Ordinance No. 570 was waived and said ordinance was introduced. Water/Wastewater Conservation Retrofit Program: City Manager Netter said copies were provided to Council of staff report dated November 24, 1992 from Director of Public Works /City Engineer Brust with attached background information regarding the Water/Wastewater Conservation Retrofit Program, Project No. 1991 -13. City Engineer Brust shared contents therein as reviewed, in the Council Meeting Memo, pointing out that the conservation savings of the program to date exceeds the original estimations. Mr. Brust responded to various Council questions regarding details of this program and said staff recommends Council authorization for the City Manager to implement the remaining retrofit installations and public relations promotion program as originally proposed. A motion was made by Councilmember Spiro, seconded by Councilman Eck, and unanimously approved, authorizing City Manager to implement the remaining retrofit installations and public relations promotion program as recommended by staff. League of California Cities North Bay Division: City Manager Netter referenced copies provided to Council of recent notice, with attached informational material, regarding the quarterly meeting of the North Bay Division of the League of California Cities held on December 3rd, 1992. Council had previously requested this item be placed on this agenda for consideration of City joining same. Councilman Eck reported on the above - referenced meeting he attended which was held in Novato. He said he did not know if the City of Rohnert Park wanted to join this division or not, but it did seem more and more like that should be the boundary as it is much more aligned with the other areas involved, specifically the cities of Santa Rosa and Petaluma which are both in the North Bay Division. He said it Rohnert Park City Council Minutes (7) December 8, 1992 seemed like there were more friendly faces at the North Bay Division meeting. It was a well run program with a good speaker. Another advantage was that it was only a 20 minute drive to the evening meeting, as compared to so much more time that needed to be allowed to attend Redwood Empire Division meetings. Discussion followed during which Council shared further comments regarding the logic and advantages of joining the North Bay Division as compared to staying with the Redwood Empire Division. Concerns were expressed regarding adequate representation for those left in the northern area, consideration of attending another quarterly meeting of the North Bay Division and having staff do further research of the matter before making a final decision about joining, and concluding comments that Rohnert Park needs to communicate more directly with elected officials. A motion was made by Councilmember Gallagher, seconded by Councilman Eck, and unanimously approved, to fill out the application to join the League of California Cities North Bay Division. RECESS Mayor Hollingsworth declared a recess at approximately 7:27 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 7:36 p.m. with all Councilmembers present. General Plan Update Process: 1 & 2) General Plan Update and Status of General Plan Committee - City Manager Netter explained that Council had previously requested that the item regarding the General Plan Update Process be placed on tonight's agenda for general discussion. He said staff recommends deferring this item to the first meeting in January 1993 to allow sufficient time for staff to submit several options for Council consideration. Mayor Hollingsworth responded that, in light of what he read about this issue in a recent newspaper article, he agreed with staff recommendation to defer review of the General Plan Update process to the first meeting in January, as recommended by staff. In the meantime, there are some things that still need to be included in the elements. Discussion followed during which is was agreed that the Chair and Vice Chair of the General Plan Committee should be invited to meet with staff and General Plan Council Committee members Hollingsworth and Eck to review this matter more fully prior to the January 1993 City Council meeting. 3) Interim Housing Task Force - Mayor Hollingsworth acknowledged and consented to the request of Linda Branscomb, Member of the Interim Housing Task Force, to speak at this time. Rohnert Park City Council Minutes (8) December 8, 1992 Linda Branscomb, 21 Anne, said she was a member of the Interim Housing Task Force and was speaking as representative of same. She read from lengthy notes requesting Council consideration of ideas from the Interim Housing Task Force regarding continued committee efforts and the incorporation of various community needs, programs and projects. Discussion followed during which Council complimented the efforts of the Housing Task Force with comments that the incorporated committee for multiple human services seemed like it could be a good idea. It was pointed out that the Boys and Girls Club is in the process of doing a needs assessment and that it is important to ask the young people what they want. Caution was also expressed pertaining to duplication of services, which the City does not want. Reference was made to the number of active members on the Interim Housing Task Force being three (3) with George Horwedel's plans to move in March. Ms. Branscomb confirmed to Mayor's inquiry that she could have a typed presentation for Council's further consideration of this matter at its second meeting in January 1993. A motion was made by Councilmember Gallagher, seconded by Councilman Reilly, and unanimously approved, to extend the efforts of the Interim Housing Task Force to enable a final report of its recommendation for an incorporated humane services committee at the Council meeting of January 26, 1993. Sonoma County Agricultural Preservation & Open Space District: City Manager Netter said copies were provided to Council of letter dated November 24, 1992 from Sonoma County Agricultural Preservation and Open Space District requesting comments on policy language regarding the annual action plan including a matching grant program for projects which involve incorporated areas of the County. He shared comments as reviewed in the Council Meeting Memo regarding the draft action plan that was previously presented to Council. He said the draft was sketchy and without a lot of detail since the District Board is asking for input from both staff and Council. Mr. Netter said Councilman Eck is the City representative on the Acquisitions Sub - Committee and would provide additional information regarding the referenced matching grant program. Discussion followed during which Councilman. Hollingsworth recommended opening the Rohnert Park open space trust and then, as plans progress, proceeds can be used for the City. In any event, open space around the City has to be addressed. Plans are to request donations of land sometime in the future and any open space that the City acquires should be in the Community Separator areas around the City. Councilman Eck responded by referencing categories 1, 2 and 3 of the draft Acquisition Plan and map from Santa Rosa. He said there is a movement on about eleven parcels altogether. The language was set up Rohnert Park City Council Minutes (9) December 8, 1992 by the Open Space Act requiring a program to be put in place prior to any purchases of land near urban boundaries. Councilman Eck said the District is working on quite a few modifications for the matching grant program related to acquisition, restoration, development, etc. but does not stipulate a certain percentage or precise dollar amount to be matched by the City. He gave the exaiple of lands to the north of the City whereby Rohnert Park would make water available. This would be considered matching ground but a program would have to be developed to accommdate such arrangements. Councilman Eck responded further to various Council questions pertaining to the mechanism of the proposed matching grant program. Mayor Hollingsworth said he thought the open space could be acquired from the developers and was the reason for his above recomn--ndation that the land comes into a trust. Councilman Eck responded that development rights might pay a portion to the land owner to recluster. He said the main thing desired is to retain the open space and the City could step in briefly to establish easements on the land. Councilman Eck acknowledged that a letter over the Mayor's signature had recently been sent to the Board of Supervisors, as directed at the previous Council meeting, expressing this Council's concerns regarding the Open Space District process and related open space easement purchases. Councilman Eck said the City would be the main player in initiation and substantiating a program for the referenced matching grant program and presenting it to the Open Space District for consideration. Mayor Hollingsworth said this was all the more reason to create the above- recommended trust. In response to the Mayor's suggestion that the County buy the other half, Councilman Eck responded that the whole idea was for public agencies not to become land owners and that the property would go back into private hands. He said the Authority would never approve of the property going back to the City. Mayor Hollingsworth asked if someone donated half of the proceeds from selling land to the City of Rohnert Park, could that be considered as their matching funds. Councilman Eck responded that upon review of the cluster idea, from a city's perspective, it would want as many ways as possible to be considered for matching funds. Further discussion incurred pertaining to descriptions of passive recreational areas such as parks, golf courses, bike trails, lakes, etc. that the City could develop if such funds could be obtained. Councilman Eck said the Open Space District has already launched into Category 1, as reviewed, on a trial basis since it can proceed in this category without matching funds. It is still vague regarding the meaning of matching funds and the Open Space District will have to finish writing a description for matching funds. City Manager Netter advised that this would be discussed further at the next Open Space District meeting scheduled on December 15th. He said there would be further information provided on the meaning of matching funds before the Board adopts the program. He and Councilman. Eck acknowledged that tonight's discussion basically revealed Council direction of the need to purchase open space, recreational locations. Rohnert Park City Council Minutes (10) December 8, 1992 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) Councilmember Spiro referenced item No. 3 on Communications from North Bay Breakers regarding letter proposal to modify Rohnert Park Stadium into duel purpose facility for softball and soccer. She said a citizen had expressed concern about the inadequate provision of baseball facilities in the City and the North Bay Breakers letter proposal is asking to convert the Stadium to softball and soccer use. City Manager Netter responded that he had been discussing this matter with Tom Gray, President of North Bay Breakers. He said copies were also provided to Council of additional packet dated December 4, 1992 pertaining to this request. Mr. Netter said he referred W. Gray to Recreation Director Pekkain to review the matter further and staff has not yet had an opportunity to fully review options. Therefore, it would be necessary to defer this item to a future Council meeting. Discussion followed confirming the need for the Stadium to be utilized for the highest and best use to the community. City Manager said this cannot be established until after the above- mentioned evaluation is done on existing and further uses of the facility. It was acknowledged that former Councilmember Hopkins and Councilman Reilly were the Council Committee for Stadium uses. City Manager Netter said he had also had a discussion with Ken Blackman, City Manager of Santa Rosa regarding interest in the Stadium, but they did not want to displace existing community use of the field. They also needed several fields to serve their purposes, so were not interested in further pursuit of the matter. 2) Councilmember Spiro referenced item No. 8 on Communications from California Healthy Cities Project regarding the selection of the City of Rohnert Park for 1992 -93 Project participation. She said, if the City is awarded grant funds and based on the results of her interviews with the youth of the community, she would very mach like to see the funds Used for a safe place for teen -agers from ages 13 to 19 to go, dance to their music, etc. She referenced the Ford Foundation Application 1993 Innovations application in process and said if those funds are received, she proposed said funds to be used for this type of Junior /Senior High Club. She said schedules for the use of such a facility could be alternated between the different age brackets as desired by the young people. Discussion followed during which Council agreed this item could be discussed further if the City's application is accepted by the Ford Foundation. Mayor Hollingsworth acknowledged that the above - referenced Ford Foundation Award Application was listed under tonight's City Manager's Report and requested City Manager to report on it at this time. Rohnert Park City Council Minutes (11) December 8, 1992 - Health Care Forum Grant Application and 1993 Innovations Ford Foundation Grant - City Manager Netter said copies were provided to Council of grant /award applications for the Health Care Forum and 1993 Innovations of the Ford Foundation and shared comwnts regarding same. He said he thought the opportunities for the Ford Application were very good based on the last few years. Therefore, Council may want to be thinking about a project it may want to consider for use of the potential funds. Assistant to the City Manager Leivo said a point of clarification regarding the award of the Ford Foundation grant was that it is based on what a comumity is already doing and, therefore, specific use does not necessarily have to be identified. However, regarding the Healthcare Forum grant application, there are thousands of conTnanities applying for these funds, so award of this grant should not be counted on prior to reception. 3) City Manager Netter referenced item Nos. 5 & 6 listed on Communications regarding his notices to Council of upcoming appointments to various Commissions, Committees and Boards, and Council Commission /Committee liaison assignments. He said these lists would be up for review at the first Council meeting in January 1993. These lists were provided for informational purposes and Council should let staff know if it has any appointments that need announcements placed in the paper. 4) City Manager Netter advised that the Tobacco Grant Reception is scheduled at 6:00 p.m. on December 11th, 1992 in connection with the performance of the Nutcracker at the Dorothy Rohnert Spreckels Performing Arts Center. The Mayor will give opening comments. City Manager's Report: 1) Bingo Audits - City Manager Netter reported that the bingo audits were nearly completed. Bingo operators have been provided with conditions necessary for licensure and staff recommends giving sufficient time to make those revisions to extend licenses. The audit for T's Academy has not been completed, therefore a temporary extension has been issued in the interim. Staff recommends asking the Council Committee to meet with staff in the next week or two to review the final bingo reports. Council Committee Members Hollingsworth and Eck concurred. 2) Results of refinancing Santa Rosa Subregional Wastewater Bonds - City Manager Netter referenced copies provided to Council of memorandum dated November 19, 1992 from John S. Lindsay, Director of the Department of Administrative Services regarding Wastewater Bond Refinancing. He pointed out that the refunding issue will reduce the annual debt service by $223,538 annually which is an annual savings to Rohnert Park in the amount of $47,681. Mr. Netter said this was provided for informational purposes and will help the City in next year's budget. 3) Grant Applications - reviewed previously under Communications Rohnert Park City Council Minutes (12) December 8, 1992 4) Improvement at Northern Station for Youth & Family Services - City Manager Netter referenced copies provided to Council of staff report from the Department of Public Safety requesting approval of improvements for additional offices at the Northern Station for Youth & Family Services. He shared contents therein indicating that the cost for said remodeling would amount to an approximate total of 56,000. He said there would be some staff time involved but staff has said it could do the remodeling with a reasonable amount of hours. Staff recommends approval of this remodeling request. Discussion followed during which City Manager Netter responded to Council inquiry that the plan was for the fire trucks to remain in the Northern Public Safety Building. Councilmember Spiro said, again, because of the things she is finding out from interviews with the youth of the commmity, that teen -agers have an aversion to going into public safety buildings. She asked if consideration could be given to changing the name on the outside of the building to make it more conducive for youth to take advantage of the Youth and Family Services. Discussion followed during which Council comments recalled prior decision of the City to refer to its facilities collectively as Public Safety Department and concluded that changing the name of this one building would undo that established direction. City Manager said that Fire Apparatus would remain at the facility, therefore, the name should remain, but suggested calling said building the Department of Public Safety Fire Services. Councilmember Spiro responded to inquiry that she understood many youth do not go to the facility because of the name on the building. Mayor Hollingsworth said maybe consideration should be given to changing the location of the Youth and Family Services. Councilmember Spiro said there was a need for a safe house in the conmtunity, but that was another issue that is currently being discussed by Conrunity Outreach for Youth and Families (COYF). A motion was made by Councilmember Spiro, seconded by Councilman Reilly, and unanimously approved, to remodel the Northern Public Safety Building for Youth & Family Services as reconmended by staff. 5) Animal Shelter Groundbreaking Ceremony - City Manager Netter queried if Council wanted to establish a groundbreaking ceremony for the new animal shelter with opening conTmnts of recognition by the Mayor. He said this could be dependent upon the weather to which a representative of F.A.I.R.E. jokingly commented from the audience that it could be raining "cats and dogs ". Further Council discussion concluded the occasion need not be dependent upon the weather since a symbolic piece of ground could be spaded even if it is raining and the remainder of the ceremony could be held in the old shelter. City Manager Netter confirmed with Mayor Hollingsworth that the tentative date for the ceremony would be January 9th, 1992. 6) Resident Golf Cards - City Manager Netter said consideration has been given to charging a resident golf card fee. This would be an annual fee between $10 to $20 and the cost would be for processing the Rohnert Park City Council Minutes (13) December 8, 1992 cards and other processing costs. Council's authorization is requested to proceed with the program by publications in the Clarion, flyers, etc. Council Committee Member/Mayor Hollingsworth said this would not only be a discount card for the golf course, but would also be for other recreational facilities, such as the Performing Arts Center, and other City events and programs. It would be a universal card used for many various City programs and events. It would be used as a resident identification card where driver's licenses are not accepted and, therefore, should be called a resident card and not strictly a golf card. Discussion followed during which Council reviewed the logic of the proportionate split and the amount to charge. Mayor Hollingsworth said the purpose of the charge was to offset some of the costs to the golf course but the City also needed to have something to offset its costs. He said a golfer who plays an average of a couple times a week can save $200 to $300 annually with the resident card. City Manager said staff would recommend charging $15 for the resident card with a split of $10 to the City and $5 to American Golf. Further discussion concluded that a public hearing would be appropriate for this new program. Council agreed the public hearing should be duly noticed on the first Council agenda in January 1993 and that issuance of new resident cards should be deferred accordingly through the month of January. Information to the public should clearly explain that this is a processing fee generated to cover costs. Mayor Hollingsworth said resident rates are currently controlled and increases are allowed only by 75% of the annual CPI, and that rates can be raised only that much per year. He said the golf course belongs to the citizens of Rohnert Park and rates should remain at the contracted level. City Attorney's Report: 1) City Attorney Flitner said the Sim brief had been received and reads well. The point it makes is that Council should not be held liable for acts made in good faith when power is taken out of their hands. He said it is a pretty good argument. 2) City Attorney Flitner said his second item was also regarding a Sim case. To bring Council up to date, it is before the Rent Appeals Board now. This referred to a judges decision on Las Casitas NOI hearing held approximately two years ago. The judge reversed the application of certain capital inprovements and how it was handled in the NOI calculations. The rules and regulations did not spell out everything, but certain things could be amortized because of state, local or federal law. City Attorney Flitner said they did some road and gas line improvements so they do not have to amortize them, but we disapproved of that as long term improvements. There could be a break on that if the rules and regs are not amended. Such expenses every year shows less income so maybe that should be in the amortized capital column. Mr. Flitner said this will go through the hearing process and he would report back to Council regarding the results. In any event, it is referred back to the examiner on the Rent Appeals Board and he hoped the matter could be resolved. Rohnert Park City Council Minutes (14) December 8, 1992 Matters from Council: 1) City Manager Netter said the Mayors and Council Members Institute will be held in Burlingame, California, Wednesday through Friday, January 27 -19, 1993. Councilmembers should R.S.V.P. to City Manager's secretary as soon as possible regarding plans to attend same. 2) Councilmember Eck said he had this item regarding Local Government Commission Membership placed on tonight's agenda. He said he has been a member of this commission and was preparing to submit his annual membership when he noticed the economical rate for annual City membership, which includes staff participation. Councilman Eck said he knew Councilman Reilly had expressed an interest in this commission and maybe Councilmember Gallagher would also be interested. If three or more are planning to attend these meetings, the annual City membership would be advisable. Upon motion by Councilman Eck, seconded by Councilmenler Gallagher, annual City membership to the Local Government Commission was unanimously approved. 3) Mayor Hollingsworth referenced copies provided to Council of letter dated November 30, 1992 from California Senator Mike Thompson regarding invitation to the Senate Budget Committee briefing on the upcoming State Budget in Room 112, State Capitol from 10:00 a.m, to 1:00 p.m., Wednesday, December 9th, 1992. Confirmation was given that City Manager Netter and Councilmenler Gallagher planned to attend this briefing. Mayor Hollingsworth requested Ms. Gallagher to give a report on same at the next regular City Council meeting. 4) Councilman Eck reviewed request from Parks and Recreation Commission with indication that they were not aware of the formation of a Bike Path Committee. He asked if consideration could be given to having an ex- officio /non - voting member from the Parks and Recreation Commission on the Bike Path Committee. Council concurred. 5) Councilmember Gallagher said she had her first hard lesson related to responding to an invitation to be on a sub - committee on subregional governance. City Manager Netter asked if Council desired to recom?-end a formal appointment regarding same. Councilman Eck said he was very happy to see MTC ADHOC Committee on the Subregional Governance Commission. City Manager confirmed this also included Mayors' and Councilmembers Association. Councilmember Gallagher responded to Mayor inquiry that it was Valerie Brown who invited her to be on the referenced sub - committee. Mayor Hollingsworth confirmed Councilmember Gallagher's appointment to the sub - committee on subregional governance and reminded her to represent the general feelings of the Council as a whole as she participates on such committees. 6) Councilmember Spiro referenced memo dated December 1, 1992 from REMIF (Redwood E Aire Mmicipal Insurance Fund) regarding recommended Health Plan Changes for 1993. She asked if the co- payments would be higher or lower to which City Manager responded higher for chiropractic services. Councilmember Spiro said she thought such insurance should cover preventative medicine as well as holistic. She Rohnert Park City Council Minutes (15) December 8, 1992 also expressed disapproval of the recommendation from the REMIF Board that the co- payment be 50% for all chiropractic services and gave exarriples of same as preventive care. W. Netter informed the Council that REMIF is the only plan that currently carries any chiropractic coverage. Mayor Hollingsworth responded that, from his experience in the insurance business, this procedure is the same on all insurances. He said it has been observed that chiropractic bills usually run as long as the finances are available and then people stop going when the funds cease. Councilmember Spiro thought some people might disagree with that as the people that get preventive care may not be bringing in those kinds of bills that are not covered on their policies, such as acupuncture. City Manager Netter confirmed that neither acupuncture or holistic costs were covered. Mayor Hollingsworth said insurance programs are based on actuarial studies and that money has to be available for those services. Further discussion followed during which Councilman Eck said he was not sure that Councilmembers, as politicians, qualified to decipher insurance needs. However, he totally agreed with the Mayor regarding conclusions of the actuarial table. Councilmember Spiro responded that if benefits are going to be reduced, people should have such options regarding choices of coverage. Mayor Hollingsworth said that there is supplemental insurance that individuals could purchase to cover the co- payment amount, but that should be an individual decision and the premium paid by the individual. 7) Councilmember Spiro referenced copies provided to Council of list of outstanding and unpaid SB90 claims for reimbursement due from the State in the amount of $112,592. She recommended suing the State for the unreimbursed amounts as she did not think it would be too costly to file same. City Manager Netter responded that each item listed represented individual claims filed with the State. City Attorney Flitner responded to inquiry that he thought a complaint could be put together for approximately $600. City Manager said staff is pursuing the matter on a monthly basis. Mayor Hollingsworth said the State of California cannot balance its budget, but he was perfectly willing to try and collect the unpaid claims. City Attorney Flitner agreed with further Council comments that he would check with the League of California Cities regarding standard procedures it has taken on same. City Manager Netter reminded Council that the cities adopted a resolution through the League pertaining to the budget crisis. 8) Councilmember Spiro said there was a small problem in the comninity regarding the placement of signs at the Conrunity Center. She said it is wrong for the City to promote its events with such signs and then not permit the public to do the same. City Manager Netter confirmed agreement and advised that the ConTrunity Center had Rohnert Park City Council Minutes (16) December 8, 1992 been advised accordingly pertaining to the above- referenced incident. Discussion followed during which Council expressed concerns regarding the inconsistency connected with signage and that even garage sale and craft sale signs are a violation of the City sign ordinance. Mayor Hollingsworth said the problem he had with the particular incident was that a member of the Parks and Recreation Department told the resident that they could not put up such signs, but the City department could. He said this kind of response signifies that such City staff forgets who they serve. Further Council comments pointed out times that the City has approved various signs for commnity use and expressed the need to make some kind of provision for the community because of the many fund raising efforts. City Manager Netter commented on the possibility that maybe more sign locations could be established. 9) City Manager Netter advised cancellation of the Mayors' and Councilmembers' Association Executive Board Meeting which was previously scheduled to be held on December 10th, 1992. Unscheduled Public Mayor Hollingsworth asked if anyone in the audience wished to make an Appearance appearance at this time. Jack Hershey of J. M. Hershey, Inc., 3094 Coffey Lane, Santa Rosa, Ca. 95403, referenced citizen complaint by Harriet Rohrer presented at the beginning of tonight's Council meeting requesting to close the job site on Saturdays on the Tower Apartments project, E. Cotati Avenue. He said he did not want this in any way to be confrontational but just wanted to do his duty in presenting information to Council so it will have everything at its disposal when its decision is made regarding the matter. As a General Contractor, there is no financial interest in working on Saturdays, in fact, it is a detriment to do so. As responded to City Nbnager during earlier discussion this evening, it is because his company feels a responsibility to others. First, to the owner to get the project done as quickly as possible because of the need for the families awaiting the affordable housing. Secondly, the need for the available work for the subcontractors who must compensate for time lost from rain days as well as the current economic conditions. Mr. Hershey said they lost the ability for arbitrary compromise when they established from the beginning that there would be no work on Sundays because of recognizing the need for people to have a day of peace and rest. Efforts have been made to find out what the desires of the inTnediate community are around the project and to their knowledge, the complaint expressed tonight was the only one received. Other than one other response from a gentleman apologizing for the need to make such an effort, Mr. Hershey said they have not heard from anyone else regarding the matter. He said the question is whether the residents desire to put up with a little more inconvenience by the work proceeding on the weekends or to extend the project longer into the summer. Mr. Hershey said he did not know the answer to that question but his company would be willing to abide Council's decision. He further explained the complications of Rohnert Park City Council Minutes (17) December 8, 1992 subcontractors' work connected with the rainy season. He pointed out that this week's rain was not scheduled and it was necessary to send between 40 to 60 people home without pay. Mr. Hershey said the conclusion, however, was that they were going to cheerfully do whatever Council decided regarding the matter and they were grateful for the privilege of working in Rohnert Park. He confirmed that a meeting had been scheduled later in the week with Doug Matlock, property owner of the registered complaint at his request to review the matter further regarding possible solutions. Extensive discussion followed during which Council concluded there was not too much it could do at this time. Hopes were expressed that the matter could be resolved through efforts of the above - referenced meeting with the contractor and the property owner. Mayor Hollingsworth expressed appreciation to Mr. Hershey for addressing the issue. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 9:22 p.m. to 'Thursday, December 10th, 1992 at 6:00 p.m. for the Street Light Purchase Program. Mayor December 3, 1992 Mr. Jack M. Hershey, President Mrs. Virginia Hershey, Vice- President J.M. Hershey, Inc. 3094 Coffey Lane Santa Rosa, CA 95403 RE: Saturday construction - Tower Apartments on East Cotati Your letter of October 8, 1992 Dear Mr. and Mrs. Hershey, First of all, I invite you to refer to the above - referenced letter and its second paragraph which states: " . . we do not anticipate any weekend work after November 15th." Then you add a sentence about "unknown conditions ". In the next paragraph you say that you must "stabilize the site . . .we will not work weekends at all unless the weather begins to cause serious delays." Then there is another condition ". . . unless it becomes necessary to work weekends." We are now officially in our seventh year of drought and I think its safe to assume that even if it rained like hell next week, you should be far past the 'site stabilization' stage, as 3 story buildings, some complete with roofs, are up. In the past 4 or 5 weeks since our appearance at the Rohnert Park City Council, it has been necessary for us to remove ourselves from our home, again on weekends because of construction work. We have seen many, many towns and counties (along with having a lot of car repair expense) and I can assure everyone that there is no construction work going on anywhere on Saturdays! On the street where I work, there has been construction work for months but not on Saturdays and I know this for a fact because I had to go to my office while sick with the flu, on a Saturday, to get some rest! So much for "industry standards" and Saturdays. We have been very patient but we have had enough. Our view of the mountain and much of the sky is gone: we do not expect the project to add anything to our neighborhood but a lot of noise and congestion, now as well as when its finished and crammed full of people. So until then, we will ask the Rohnert Park City Council to at least spare us on the weekends and disallow any Saturday OR Sunday OR holiday construction work of ANY KIND, in any residential neighborhood, as it should have done in the first place. Sincerely, C�4`TJ Harriet A. Rohrer cc: Rohnert Park City Council; Doug Mattlock and residents of 771 East Cotati Street.