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1998/08/25 City Council MinutesRohnert Park City Council Minutes August 25, 1998 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately 7:10 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak- Martinez, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Finance Director Harrow, Director of Public Safety Rooney, City Engineer Gaffney, Planning/Community Development Director Schulenburg and Public Works Manager Stephens. 1. APPROVAL OF MINUTES: Corrections to the previous meeting minutes were made by Council and signified on original set of minutes.- -Upon motion by Vice Mayor Vidak - Martinez, seconded by Councilmember Flores, with abstentions by Councilmember Mackenzie due to absence for the meeting and Mayor Spiro due to absence from a portion of the meeting, the minutes of August 11, 1998 were unanimously approved as amended. 2. APPROVAL OF BILLS: Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, City bills presented per the attached list in the amount of $627,921.58 were unanimously approved. 3. ADDING INFORMATIONAL NON- AGENDAED MATTERS: Mayor Linda Spiro asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. -- Councilmember Flores signified two items to add regarding (1) the Callinan Sports Center benefit to employees and (2) the Sonoma County Transportation Authority Clean Air Fund. -- Vice Mayor Vicki Vidak - Martinez asked the Mayor if they wanted to have a human services meeting scheduled to which Mayor Spiro expressed agreement. 4. MAYOR'S PRESENTATIONS: Mayor Linda Spiro made the following presentations: 1) Plaque from the California Department of Corrections to the City of Rohnert Park, its officials, employees and citizens, for their contribution of time and energies to make the 1998 California Department of Corrections Summer Games a successful event. The Mayor advised that the metal star emblem on this plaque, prepared over the signature of Warden Art Calderon of San Quentin State Prison, is a limited edition of three, hand cast by State Prison Personnel, composed of locks and keys previously used at San Quentin. 2) Certificate from the League of California Cities recognizing the City of Rohnert Park for its incorporation into the State of California on August 27, 1962, prepared over the signature of Ronald Bates, 1998 League President and Mayor, Los Alamitos. As the League celebrates its centennial anniversary in 1998, it takes this opportunity to celebrate Rohnert Park's cityhood as well and to extend the wish for continued success throughout the coming year. Rohnert Park City Council Minutes (2) August 25,1M 5. YOUTH CITY COUNCIL REPRESENTATIVES from 1998 -99 Youth of the Year Program Mayor Linda Spiro introduced Youth Representatives Senior Cynthia Rail and Junior Kristin Avery, who provided the youth report as follows: • Senior Arnie Schmale, previously scheduled for this meeting, was unable to attend due to being on vacation in Hawaii. • The first day of school is approaching and many activities are taking place this week at Rancho Cotate. • The Freshmen orientation is tomorrow at 6:00 n m with n welcome. back dane.e to fnllnw r---• .. from 7:00 -9:00 p.m. • All the class councils are preparing for the homecoming rally and dance on October 17th. • Both middle schools will also have orientations and other activities starting this week. • Youth Representatives also checked with the City Council to make sure the Mayor for the Month project will be brought up at the next meeting. Mayor Spiro responded that this item was deferred from a previous Council meeting and would be scheduled for review on the next Council meeting agenda, 6. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time (limited to 3 -5 minutes per appearance with a 30 minute total time limit). 1) Ellen DeMartini, 1302 Gaspar Court, representing the local Boys and Girls Club, urged commitment to the children of this community and encouraged participation in the upcoming benefit prepared for the Boys and Girls Club of Rohnert Park. She distributed flyers for this event entitled "An Evening with Johann Strauss " featuring the Spreckels Center Symphony with Asher Raboy conducting, on Sunday, August 30, 1998, 7:00 p.m., at the Spreckels Performing Arts Center. Tickets are available from board members at $15 each. 2) John Hudson, 399 Bonnie Avenue, referred to the Water Conservation Plan scheduled later on this meeting's agenda, pointing out that it is put forth by the Sonoma County Water Agency (SCWA), which is actually the County Board of Supervisors, and indicates there must be a shortage of water. Mr. Hudson signified that water has been made available to developers by taking it away from ordinary citizens and at the expense of the citizens. He made comparisons to quotes by designated City staff and Councilmember in a local newspaper article of Sunday, May 24th, which indicated the sufficiency of Rohnert Park's water supply. He expressed various concerns related to this matter which included disagreeing with the need for certain dams or reservoirs, such as the dam built by SCWA that created Lake Mendocino, cutting off steelhead trout, and was created at public expense. Now everyone is paying for water they cannot use. Mr. Hudson questioned the credibility and role of the Sonoma County Water Agency and urged the Council not to enact this plan to install residential water meters to bill citizens for water they already own. RohnW Park +City Council Minutes (3) August 25,1998 3) Joi Losee, 943 Holly Avenue, signified that she had not received answers to procedural questions on Measure A she presented at a previous Council meeting. She requested a written response and detailed accounting to the questions she reviewed from her current August 25, 1998 letter distributed to Council as follows: *How was Measure A for the special UGB election created? *What was the cost of Measure A? *What were the legal costs of the Los Angeles lawyer? Mayor Spiro advised that the above - requested information was furnished in a staff report distributed a couple of meetings ago (July 14th) and was to be provided to Ms. Losee. Discussion followed during which Council commented on various procedures for handling the different types of communications it receives. City Manager Netter responded to Council questions and reviewed routine procedures for the extensive and diverse variety of communications received at City Hall. 4) Lynn Conde, 4732 Dexter Circle, expressed appreciation to Council for listening to her presentation at the previous City Council meeting regarding her interest to form the Steering Committee for a New Library Facility in the Rohnert Park - Cotati vicinity. She confirmed her continued interest in this effort and clarified that this is a different committee from the one already established by the Library Advisory Board. She acknowledged that Barbara Butler is on both, but they are not the same. She noted the item listed later on tonight's Council agenda for formal action on the liaison assignment to the Steering Committee for a New Library Facility. Ms. Conde inquired about their request that a charge be made to conduct a needs assessment /feasibility study, which was recommended by Councilmember Reilly at the previous Council meeting. Mayor Spiro advised that she was going to request the Library item to be moved forward on the agenda and would be handled shortly, 7. CONSENT CALENDAR Mayor Linda Spiro asked if there were any questions or comments regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. -- City Manager Netter advised the necessity of removing Resolution No. 98 -160 from the Consent Calendar to be brought forward at a later date. Acknowledging City Manager /Clerk's report on the posting of the meeting's agenda Resolution Nos: 98 -156 SUPPORTING SEPTEMBER 1998 AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH 98 -157 AWARD OF CONTRACT FOR MAINTENANCE OF COLEMAN CREEK CONDUIT 98 -158 AWARD OF CONTRACT TO COMPLETE THE PAINTING OF THE SPRECKLES PERFORMING ARTS CENTER, NELL CODDING THEATRE 98 -159 AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES Rohnert: mark City CoancH Minutes (4) August 25,1998 Resolution Nos: 98 -161 CONFIRMING THE AUTHORITY OF THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY OF ROHNERT PARK FOR THE ACQUISITION OF THE REDWOOD POLICE ACTIVITY LEAGUE REAL PROPERTY AND AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED THEREFORE 98 -162 ACCEPTING EASEMENT DEED FOR HONEYBROOK 2 SUBDIVISION OFFSITE SANITARY SEWER 98 -163 ACCEPTING GRANT DEED FOR HONEYBROOK 2 SUBDIVISION OFFSITE RIGHT OF WAY 98 -164 NOTICE OF COMPLETION, JASMINE CIRCLE SPEED HUMPS, PROJECT NO. 1998 -1 98 -165 REJECTING THE CLAIM OF LAURENCE R. DEADY (re. alleged damage to vehicle while doing business at City Hall) 98 -166 REJECTING THE CLAIM OF MICHAEL A. BELL (re. alleged injuries from excavation by the City) 98 -167 REJECTING THE CLAIM OF ERIC A. GREENBAND (re. alleged damage to residence by vehicle pursued by PSO) Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, with the exception of Resolution No. 98 -160, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 8. Presentation by James E. Landa, Manager, Empire Waste Management *Merger of Waste Management, Inc. with USA Waste Services, Inc. & impacts on the City of Rohnert Park, if any Mayor Linda Spiro advised the deferral of this item due to a recent death in Mr. Landa's family. Councilmember Reilly recommended sending a letter over the Mayor's signature, on behalf of the full Council, expressing condolences to Mr. Landa. Council concurred. AGENDA ORDER: As a courtesy to individuals present at this meeting, Mayor Spiro moved agenda items #10 and #20 forward to be handled next, beginning with #20 for the Library. 20. STEERING COMMITTEE FOR A NEW LIBRARY FACILITY *City Council Liaison Appointment & charge for feasibility /needs assessment Councilmember Flores commented on the discussion of this item at the previous Council meeting with recommendation that Councilmember Reilly and he both be appointed to this steering committee to ensure schedules would enable one of them to attend each meeting. Councilmember Reilly shared that he understood the idea was for the City Council to approve the concept, or at least direct the formation of an ad hoc committee to discuss the feasibility of a new library facility in Rohnert Park. Mr. Reilly referred to letter dated August 19, 1998 provided to Council from Library Director Roger .Pearson, with the attached list of names recommended at the July 21st meeting of the Rohnert Park - Cotati Library Advisory Board, and signified that the eleven names were the same ones listed in Ms. Conde's presentation at the previous Council meeting. Rohnert Park City Council Minutes (5) August 25,1998 City Attorney Flitner responded to Councilmember Reilly's questions related to ad hoc committee requirements that it depends on the length of time, but he would need to check further into the aspects of a twelve month sunset for an ad hoc committee. If a committee needs to be a long lasting one, it could be established as a regular committee for an indefinite period of time. Mayor Linda Spiro signified that the consideration this evening is not for the purpose of establishing a new Council Committee, but to formalize Council action to appoint the two City Council liaisons to the citizens steering committee for a new library facility, as requested at the previous Council meeting, specifically Councilmembers Reilly and Flores. Council concurred. Councilmember Reilly commented on the new Steering Committee's indication of wanting the City Council to recognize their existence. Mayor Spiro recognized Lynne Conde, Chairperson of the Steering Committee for a New Library Facility, who reviewed concerns of their consultant, Library Director Roger Pearson, pertaining to not being a committee without following the Brown Act requirements, which most of them did not understand. She requested the Council to recognize them as a committee so they can move ahead, noting that the Councilmember(s) appointed to this committee would be there to assist with the official requirements. City Attorney Flitner explained the difference between types of committees. If the committee becomes an official sanction of the City Council, then it has to conform to the Brown Act requirements. However, if a group of individuals /private citizens have come together as a citizens committee making recommendations to the City Council, even with the appointments of City Council liaison assignments to the citizens committee, it would not be so subject to Brown Act requirements and/or of things they do not even know yet. It would not be as official as a committee specifically established by the City Council. Ms. Conde signified that the City Attorney's preceding description of a citizens committee would be the easiest approach for them, as they are stifled by not being familiar with the official requirements related to the Brown Act. She commented that they are a group of citizens, none of which are being paid for this effort, with a common goal in mind, so Plan B for the citizens committee would be the way to get started. Mayor Spiro asked the City Attorney an additional question on why would it be any different than the summit meetings. Mr. Flitner responded that if the City Council is not appointing the committee, then it would not be under the auspices of the City Council, i.e. established by the City Council for the purpose of reporting to the Council. The citizens committee is just reviewing a particular situation to make an open finding and possibly make a recommendation to the City Council. Mayor Linda Spiro suggested to Ms. Conde that it would be a good idea if they could inform the public of the dates and times of their meetings so interested citizens could attend. Rohnert Park City Council Minutes (6) August 25, 1998 Ms. Conde asked if they have been recognized as a committee. Mayor Spiro responded, yes, the Council has recognized them as a citizens committee, but the Council is not officially appointing them, as that would be different and more official. Councilmember Reilly commented that it has always been his impression that the need for increased size of a new Library in Rohnert Park has been recognized and that the library facility is something the City has considered providing, so there is a connection between the City and the Library. Mayor Spiro recognized Library Director Roger Pearson, who explained why he had asked for further Council consideration of this item. He wanted to be sure the City Council had a clear idea on the purpose of the Steering Committee for the New Library Facility, and to consider whether Council wanted this to be an official Council appointed committee, or interested sub - committee. This would give the opportunity for the various provisions of the Brown Act requirements, which would include receiving interested citizen information, as well as the committee working with the City Council, staff, etc. There will also be the factor of looking at locations involving consideration of City financing for the building which would be beneficial to have City Council and City Staff input throughout the process. City Manager Netter signified that it was needful for Council to understand that it has not always been the responsibility of cities to build the libraries and this is a public policy question that has to be answered. There are other avenues of funding resources to consider: Councilmember Reilly shared that when he says City, it could be other revenues or any funding partners that combined efforts come up with, but it has been his understanding that the facility was to be built through efforts of the City. The Library component is to provide staffing and supplies. As for funding, it could be through the county to direct money to the city to build a library. Library Director Roger Pearson commented further that the City Manager is correct about funding sources other than cities to build a library, but with the exception of Guerneville, the other cities in the county own the library buildings. He signified that the bottom line is that Rohnert Park owns the current library building, and he thought it was extremely important for the continued role of the City in finding a site for a library building, due to controversial aspects of a library location, which have been discussed in the past. He signified that he felt it was important for the City Council and staff to continue to participate in the process and for the Council to keep on track. Mr. Pearson referred to a specified amount of federal revenue sharing funds which were distributed through the county for the library. Discussion included Mayor Spiro's response to Councilmember Reilly acknowledging that no two Council Members can direct staff and asking if a motion was needed to connect this citizens steering committee to staff. Mayor Spiro signified that a Council consensus would be sufficient for this type of directive. Council concurred. Rohnert Park City Council Minutes (7) August 25,1998 10. SENIOR CITIZENS ADVISORY COMMISSION APPOINTMENT *To fill vacancy left by Bob Weinmann (Mayor Spiro nomination) Mayor Linda Spiro advised that this item was also moved forward on the agenda as a courtesy to the individual present at this meeting. Mayor Spiro indicated that she had spoken with several applicants interested in this vacancy and introduced Marion P. Ackerman as her nomination. -- Upon motion by Mayor Spiro, seconded by Councilmember Flores, and unanimously concurred, to appoint Marion P. Ackerman to the Senior Citizens Advisory Commission for a two year term to expire December 31, 1999. ORIGINAL AGENDA ORDER: Mayor Spiro returned the meeting to item #9. 9. CABLE TV MATTERS: 1) Staff report -- City Manager Netter reviewed highlights of the staff report from Management Analyst Angela Fogle providing an update to Council on Cable TV issues and Century Communications matters. The memo also indicated the questions raised during a previous Council meeting on the progress of the Cable TV upgrade. City Manager Netter signified that the following presentation would provide the opportunity for those basic questions to be answered. 2) Presentation by Steve Lamb General Manager. MultiVision Cable TV Mr. Lamb provided an update on Rohnert Park's Cable TV System Rebuild and Channel Expansion and responded to Council questions. He signified that generally, as Council knows, the matter of cable TV has a life of its own controlled by others. With regard to the City of Rohnert Park progress, the underground portion is completed, the public right of ways are completed, technical people were contracted to ensure that what we are paying for is what we wanted, and essentially, we are looking at the next 90 days for acceptance of that system. Looking at next level channeling, as Ms. Fogie's report indicates with reference to retroactive increase, Mr. Lamb commented that they will most likely do a rate increase in June 1999 based on channels that day, so if they add 10 channels in June, for example, it will not raise the rate. He had no idea what the projected rate increase would be but, with regard to the TCI purchase of Century Communications, it will be tied to what the FCC law requires. Mr. Lamb reviewed two items distributed to Council (copies attached to original set of these minutes) as follows: (1) a news article from the August 24, 1998 Cable World Magazine entitled, "Fighting For Family Eyeballs - Pax Net edging onto cable's playing field" by K. C. Neel and Max Lenderman; and (2) a report from Century Communications, Rohnert Park, regarding Customer Programming Requests from January 1997 through July 1998. In response to Council questions regarding the status of the transfer, Mr. Lamb signified that he did not know that much about the AT &T merger but it has been discussed with numerous representatives of their counterparts, TCI, and several representatives of Century Communications, including himself and Area Manager Fran Parkey. They will be doing some hands on efforts with regard to the rebuild. It is the alternative to California cable TV and includes a very superior upgrade with regard to a residence computer access and will be seeing a lot more involvement with that technology. The TCI and PAC Bell relationship which is forming is a PUC issue resulting from the 14 day power outage experienced in Ro BW Park City'Comft Minutes (8) August 25, 1998 California in 1995. Mr. Lamb responded to further Council question regarding the possibility of additional channels available to the City of Rohnert Park, that they are looking at upgrading their microwave into Rohnert Park in the next 30 to 45 days and their technical people will be working very hard on that effort. Mayor Linda Spiro expressed appreciation for Mr. Lamb's presentation and signified that the citizens of Rohnert Park will look forward to the new service. 10. SENIOR CITIZENS ADVISORY COMMISSION appointment - Handled earlier on the agenda. 11. 1998 -99 BUDGET 1) Report on status following Budget Work Sessions -- City Manager Netter acknowledged that several work sessions for the City's 1998 -99 Budget have been held over the past few weeks including the one held at 6:00 this evening, prior to the regular session. He explained aspects of next year's proposed budget which included comparison of the approximately $21.6 million budget total compared to $19.9 million for the previous year. The budget has been balanced by a use of General Fund Reserves, as the City does not have enough revenues to totally offset shortfalls. This signifies estimating the use of approximately $1.4 million from reserves for various project funds and maintaining the reserves at 8 %, which is the same as last year. It is unlikely that the reserves will have to be used for FY 97 -98 because of the good economy. Reserves were maintained at 10% in previous years. Some of the personnel additions proposed in the 1998 -99 Budget include Department of Public Safety Dispatcher Supervisor (directed through funding resources of the Fire Services Assessment District); cost of living increases; consultant hired to work with the Personnel Manager; negotiations will continue with bargaining units probably two or three months; refurbishing of mini parks A & B (approximately $50,000 *'each); M Park addition (approximately $300,000); pool aquatic study (approximately $10,000); marketing for Performing Arts Center and Community Center Campus (approximately $20,000); and Traffic Officer feasibility. Until staff receives further direction from the Council on the proposed projects, the City Manager suggested at this stage that Council consider approval of the basic 1998 -99 Budget and come back for further review of those additional services to be brought forward later, which can be handled on an individual basis, based on authorization of the Council. * #1 - C O R R E C T 10 N ABOVE from 9/8/98 City Council meeting: Per Vice Mayor Vidak - Martinez (addition underlined) * #2 - C O R R E C T 10 N BELOW from 9/8/98 City Council meeting: Per Councilmember Mackenzie (addition underlined) 2) PUBLIC HEARING: At approximately 8:30 p.m., Mayor Linda Spiro continued the public hearing from the previous City Council meeting of August 11, 1998. There being no one desiring to speak, the Mayor closed the public hearing. Council comments on the budget included the following: *Mayor Spiro commented that it always amazes her that there is so little public input and participation in the budget process, when it is one of the most important efforts of the City. •Councilmember Flores mentioned there will be another budget work session for an hour prior to the next regular Council meeting to proceed with review of the items listed on tonight's budget work session agenda. 9*2Councilmember Mackenzie expressed concerns regarding staffing levels in light of future budgets and commented on the need to maintain the increased staffing level. evel •Councilmember Reilly signified that he is also surprised at the lack of public participation in the budget process, when there is more public input on smaller items. Time did not permit Rohnert Park City Council Minutes (9) August 25,1998 discussion of the other items scheduled for tonight's budget work session, which included ideas on mitigating the five -year budget deficit. He reviewed reasons the next budget work session will be one of the most important discussions, due to looking at future budgets. Councilmember Reilly commented on the recent passage of a Council resolution to strive to pass the next budget by June 30, 1999, and the importance of Council to look at goals and at deficits the City will be facing. The additions to personnel and park improvements signified in the 1998 -99 budget, though commendable, are not the real concern, but it is the large deficits facing the City in the years ahead. *Mayor Linda Spiro referred to her concerns expressed for the record during last year's budget process about not using reserves and that she was not happy with 8 %. Mayor Spiro signified, for the record, that she still does not approve of reducing the reserves from 10% to 8 %. *Councilmember Reilly noted, for the record, his previous support of the Mayor's position of not wanting to reduce the reserves to 8 %, and he continues to supports that position. *Mayor Spiro added that further considerations are not referring only to the General Fund Reserves, as the 5 -year projected budget shows other elements needing Council consideration to ensure keeping on track and being aware of where we are going. Mayor Spiro commended staff for the efforts involved for this year's budget process and expressed appreciation that there was more teamwork than in past years. Resolution No: 98 -168 Approving and Adopting a Budget for Fiscal Year 1998 -99 Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with notation that a budget work session will be scheduled for review of the unfinished items prior to the next regular Council meeting on September 8th, reading of the resolution was waived and Resolution No. 98 -168 was adopted. RECESS: Mayor Linda Spiro declared a recess at approximately 8:43 p.m. RECONVENE: Mayor Spiro reconvened the Council meeting at approximately 8:50 p.m. and with the exception of Councilmember Reilly who left due to illness, all other Councilmembers were present. 12. PRESENTATION BY DEPARTMENT OF PUBLIC SAFETY, DIRECTOR ROONEY • Rohnert Park Crime Statistics Compared to Cities Similar in Size to Rohnert Park Director of Public Safety Rooney provided this presentation, as previously requested by Council, following an article several weeks ago in the Press Democrat on Santa Rosa crime statistic comparisons. Director Rooney reviewed his report dated August 17, 1998 for this item, using the overhead projector for viewing related charts and graphs, and responded to Council questions. The review included (1) population comparisons, (2) approximate Police and Fire budgets, and (3) 1996 & 1997 avg. violent crimes (per 1,000 population). In summary, Director Rooney pointed out that every community is different with specific demographic, social, political and geographic issues, but if these comparisons can be used as a benchmark, believed the Rohnert Park community can be very proud of its record for public safety. -- Council expressed appreciation for this presentation and commended Director Rooney and staff for continued successful efforts of the Department of Public Safety toward the continued health of the community. Rohnert Park City Council Minutes (10) August 25, 1998 13. CIVILIAN REVIEW ADVISORY BOARD (COUNTYWIDE BOARD) - UPDATE Director of Public Safety Rooney signified that the report for this item was deferred from the July 14th Council meeting to enable consideration by the full Council, and also to provide extra time to advertise and allow citizens to express interest in serving on this Board. Director Rooney advised that copies were provided to Council of the applications received as a result of their community outreach for this Board, and acknowledged that the City Council had previously requested his recommendation of an appointment to this Board. Director Rooney reviewed reasons for recommending Mary Jane Beccaria for this appointment. -- Mayor Spiro shared comments for indicating that this was also her choice for the appointment from review of the applications received. Discussion concluded upon motion by Councilmember Flores, seconded by Mayor Spiro, and unanimously approved, with Councilmember Reilly absent, to ratify the nomination of Director Rooney for the appointment of Mary Jane Beccaria to the countywide Civilian Review Advisory Board and, also that letters of appreciation be prepared over the Mayor's signature to each of the other applicants for their interest in this opening. 14. SONOMA COUNTY WATER AGENCY - DRAFT WATER CONSERVATION PLAN City Manager Netter referred to the staff report, with attached resolution prepared for Council consideration of this item. He commented that the document includes review of available funding from the Sonoma County Water Agency (SCWA) for implementation of this Plan, which is only conceptual at this Phase I stage. Mr. Netter signified that it makes sense from a financial standpoint. City Manager Netter introduced Ali Davidson of SCWA, who reviewed the purpose of the plan and responded to Council questions. Discussion included Council concurrence to defer this item to the next Council meeting to enable full Council consideration, with request for representatives of the plan to respond to questions from Council presented this evening as follows: *Table 2 -1 re. Water Contractor's Funding Percentage, referring to water entitlement signified at 40% for Santa Rosa and 10% for Rohnert Park, is there any indication for Rohnert Park's usage and how was it determined? *With Rohnert Park being the only city that does not have registered meters, is there any indication that Rohnert Park is higher, since records indicate that Rohnert Park is far ahead in this community on the application of potable water? What is the data compared to metered cities? *Table 2 -5 re. City of Rohnert Park/Water Savings Goal = 1,400 AFY, referring to preceding Table 2 -2 for Santa Rosa indicating 2,500 AFY, why 1,400 for Rohnert Park compared to 2,500 for Santa Rosa? For example, why is Rohnert Park being held to higher standards when Santa Rosa has very high treated waste? How was the 900 feet determined on Rohnert Park's projected savings for metering on Table 2 -5? *Why is Rohnert Park being criticized for doing what Santa Rosa did on back up systems that provides water for other people? City Engineer Gaffney referred to reports the Council receives on the Toilet Replacement Program and reviewed aspects of that program currently in progress, advising that it does not affect this Water Conservation Plan presented tonight. Proceeding with this phase of the Plan does not lock Rohnert Park into it. Results can be observed after the study is reviewed. Rohuert Park City Council Minutes " (11) August 25,1948 15. OPEN SPACE PARK ADJACENT TO PERFORMING ARTS CENTER Resolution for consideration: 98 -_ Authorizing the City Manager to sign a Letter Agreement with the Sonoma County Agricultural Preservation and Open Space District Accepting a Grant for Development of an Open Space Park, Conveying Conservation Easement and Assigning Development Rights (6089 Snyder Lane - AP No. 143- 330 -016) Council concurred to defer this item to the next meeting to enable full Council review. Planning Director Wendie Schulenburg signified that she would relay the message at the next Open Space District meeting. 16. COUNCIL YEAR 2000 PROJECT •Matters )ertammg to the General Plan process, if an - New procedures instituted by City Council - Any Councilmember may agendize items for action &tor discussion by generic title related to this project City Attorney Flitner responded to Mayor Spiro's request for clarification on this new procedure, confirming that the Brown Act requires the action items to be published on the meeting agenda and properly posted, but discussions can proceed by generic title. Mayor Linda Spiro signified that the title for this project is fine, but the following definition needs further consideration, since this is not just for General Plan purposes but is to cover anything to do with this project. The other item she was interested in bringing forward tonight pertained to her recent conversation with Andy Esquivel, Community Summit Task Force representative for Next Steps, wanting to know our time line so we can meet our goals. Mayor Spiro signified that this was never finalized. She requested that the above - referenced items regarding "definition and timeline" be placed on the next Council meeting agenda for action. -- City Manager Netter responded to Council question that he intended to provide the report on the formulation of the plan for this project at the September 8th Council meeting, as previously signified and requested by Council. 17. GRAND JURY RESPONSE TO FINDINGS *Review of draft 'joint response -- City Manager Netter reviewed the background toward preparation of this item and redrafted in letter format, outlining the specific areas of questions and answers for the joint response, concluding with all official signatures as required for the various responses. He asked if there were any Council comments or changes to this item. -- Discussion included Council concurrence with recommendation by Vice Mayor Vicki Vidak- Martinez to add comments to LF 19 response related to the Grand Jury findings indicating that signified representatives of the City were "perceived silent ", to clarify that we were basically told not to comment while the law enforcement investigation was in process, so it would have been inappropriate to comment on this during that process, but does comment on issues whenever it is appropriate to do so. -- City Manager Netter indicated that the change would be made in the joint response and then the document would be distributed for appropriate signatures. Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, with the absence of Councilmember Reilly, the 1997 -98 Grand Jury Joint Response with inclusion of the above- signified revision, was unanimously approved. "next Park City Council Minutes (12) August 9, 1998 18. SEMI - TRUCKS IN NEIGHBORHOODS (LS) -- City Manager Netter reviewed the staff report provided for this item responding to Mayor Spiro's previous request for information regarding large trucks using streets in residential neighborhoods. The city has the means to regulate these vehicles through the adoption of a resolution by the City Council and the placement of required signs in the areas to be regulated. -- Discussion concluded in Council concurrence that it would be appropriate to pursue this procedure and that it should be deferred to the City Engineer for review to consider a plan for appropriate routes for large trucks and designated areas to be regulated. 19. SONOMA COUNTY TOURISM STRATEGIC PLAN - Status Report City Manager Netter provided an update for this item. He referred to recent newspaper articles and signified that the latest status on the purchase offer to the Sonoma County Convention & Visitors Bureau ( SCCVB) to buy out their assets was not sufficient to pay off debts. They closed about a week ago and are considering a phase out plan. Mr. Netter reviewed his previous recommendation to hold the funds that were designated in the City budget for SCCVB until key answers are obtained toward moving in a positive direction. 20. STEERING COMMITTEE FOR NEW LIBRARY FACILITY re. request for needs assessment and City Council liaison appointment This item was moved forward on the agenda and handled earlier. 21. COUNCIL COMMITTEE & /OR OTHER REPORTS: 1) KRCB -TV. Channel 22 Sublease Tower - Update (Flores/Reilly) Councilmember Flores reported on this item, acknowledging that Councilmember Reilly was not able to attend this committee meeting. Mr. Flores reviewed the financial aspects for this sublease with consideration of a 70/30 percentage basis on the base net revenues, i.e. any monies received above the monthly base of $1,800 (derived from $3,100 receipts less the $1,300 rent), Channel 22 would retain 70% and the City would receive 30 %, to be determined on an annual basis. -- City Manager Netter commented on the background of terms for refinancing efforts of Channel 22 with the Exchange Bank. He confirmed the indication by Councilmember Flores to leave the $3,100 initial receipts alone but to work on a base for revenues of the new antennas, so Council would have the descretion of receiving those revenues, which may change over the years. -- Mayor Spiro signified that she was not in favor of the 70/30 percentage basis. She supports public television but expressed concern that whenever the City gives something away, it could be used for youth in the community, or she would rather be spending that money on the food program. She commented that this would also be setting a precedent and, with the high explosion of antennas anticipated across the country, the City should be taking advantage of such funds. -- Councilmember Flores signified that is the perspective of the Council Committee, so the percentage can be changed. -- City Manager Netter reviewed provisions for Channel 22 on the first tower without revenue sharing, allowances in later agreements, then negotiated with the Exchange Bank with terms balanced on arrangements of old agreements. The City could return to the 50/50 percentage basis, dealing with Channel 22 on the master lease, and it seems there should be some kind of agreement on revenue sharing, such as at least 10 %, to develop some incentive. -- Councilmember Flores recommended the City Manager proceed with the preparation of language for this agreement with Channel 22, including aspects reviewed herein, for Council consideration at the next meeting. Council concurred. itohnert Park City Council Minutes (13) August 25, 1998 2) Procedures for response to citizen communications -- Councilmember Mackenzie referred to comments on this item earlier this evening and recommended placing it on the next agenda for consideration. -- City Manager Netter signified the need for clarification as there are two different issues to consider being requests during public presentations versus letters listed on communications. Mr. Netter indicated that he does respond to many letters received without Council direction, but the particular request mentioned tonight came to Council through a presentation at a previous Council meeting. -- Mayor Spiro recalled that Council had directed staff to respond to the questions that were raised on the particular matter and to provide a copy of the staff report to the individual expressing concerns. She questioned the logic of staff summarizing actions reflected in the minutes of Council meetings and asked the City Attorney if a mistake were to be made in interpretation that conflicted with the public record, would it present a problem later? - -City Attorney Flitner responded that it could present a problem if the public record was different from the interpretation provided in a response. If an issue is something that is standard policy, it would involve providing established information, but if it is something that requires Council direction, then Council needs to do so. -- City Manager Netter commented that he did not think there is a procedural problem, but would be glad to listen to further directions. He acknowledged that hundreds of letters are received at City Hall and questioned the advisability of additional procedures for responses. -- Councilmember Flores signified it is a good safeguard to have the direction of Council on procedural matters. -- Councilmember Mackenzie referred to being used to working in a federal agency and commented that, if a citizen makes a request and feels for whatever reason that they have not received an adequate response, there needs to be a policy established specifically for that type of situation, but indicated further that this needs further Council discussion as excessive responses cannot be afforded in this day and age. Mr. Mackenzie added that this is part of the process for operating in government and he was sure the City Attorney will advise on what can and cannot be done. EXTEND COUNCIL MEETING: Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, the meeting was extended past 10;00 p.m. to finish necessary agenda items. 22. 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. 23. MATTERS FROM/FOR COUNCIL: 1) Proposal to Enact Ordinance to Itemize Political Contributions (Mackenzie) 2) Proposal to Amend Sign Ordinance for Political Sign Locations (Mackenzie) Councilmember Mackenzie reviewed the intent of his previous request, which was for the above two items to be agendized for formal consideration regarding whether or not to draft the ordinances, after finishing the current budget process. Mr. Mackenzie signified that on the first one he had proposed examining the itemization of political contributions for elections in the City of Rohnert Park with consideration to amounts under $100. On the sign ordinance, he was interested in specifically designating exactly where political signs could or could not be placed, particularly related to public areas, including the possibility of a map for clarification. Rohnert Park City Council Minutes (14) August 25,1998 3) Bonnie Bergin, Assistance Dog Institute/Possible rental of former animal shelter (Spiro) Mayor Linda Spiro referred to letter dated August 8, 1998 for this item and signified that she spoke with Ms. Bergin recently regarding her renewed interest to resume exploring the possibility of leasing the former Rohnert Park animal shelter. -- City Manager Netter confirmed that Ms. Bergin called to inquire about this several months ago. Mr. Netter advised that the facility had been converted to an electrical shop for City use, but Public Works Manager Bill Stephens and indicated that it would not be hard to vacate that space and reconvert it to an area that could be used for the Assistance Dog Institute. -- Discussion included Council expressed agreement that this could be in the best interest of the community and commended Ms. Bergin's explanatory letter. -- Council concurred for staff to proceed with preparation of an agreement with the Assistance Dog Institute for consideration on a Council meeting agenda in the near future. 4) Schedule Workshop on Affordable Housing -- City Manager Netter commented on the possibility of inviting Nick Stewart of Burbank Housing to a workshop on affordable housing. Mr. Netter suggested that Council may want to designate a time and date for a workshop to review Community Development Commission priorities. Council concurred to schedule this workshop immediately preceding its regular session on September 22nd. 5) Association of Bay Area Governments (ABAG) Fall General Assembly, 10/16/98 Mayor Spiro announced the ABAG Fall General Assembly to be held Friday, October 16, 1998, focusing on Governing Diversity. Councilmember Mackenzie signified that as the City's designee to ABAG, he would be attending this meeting. 6) Employee Groups - Callinan Sports Center benefit -- Council concurred with request by Councilmember Flores for staff to prepare a chart designating which employees qualify for this benefit, to include City Council, and list restrictions. 7) Sonoma County Transportation Authority (SCTA) re. Transportation Fund for Clean Air Councilmember Flores reviewed designated portions of letter distributed to Council from SCTA dated August 13, 1998 regarding the Transportation Fund for Clean Air, Rohnert Park has one project which was programmed in the fiscal year 1996/97 TFCA program for the Bike /Pedestrian signal on Commerce and Alison. The funds in the amount of $53,823 for this project have not been used yet, however, the project has been completed and staff has requested an extension in order to allow sufficient time for the reimbursement process. Also, Rohnert Park has two TFCA projects in fiscal year 1997/98 as follows: (1) Funding for the Five Creek Bicycle Bridge in the amount of $52,164; and (2) A project in conjunction with Cotati which provides funding in the amount of $55,960 for the Bicycle Bridge along the Laguna de Santa Rosa. None of the funds for these projects have been used and will expire by mid -year 1999, unless an extension is obtained. -- City Engineer Gaffney confirmed that he is dealing with SCTA to be sure the funding does not expire. 8) Human Needs Services Community Workshop -- Vice Mayor Vicki Vidak - Martinez advised that she and Mayor Linda Spiro recently met with Cecelia Belle of Sonoma County Associates for Youth Development (SCAYD) and Jim Park of Youth & Family Services to discuss the need to have a community -wide workshop on maintaining human services needs for the community. Ms. Vidak- Martinez advised that, to begin that process, several of them will meet to work toward developing the workshop, and would report more later. Itnhnert Paris City Council Minutes (15) August - 25,1998 9) Canon Manor -- Councilmember Mackenzie referred to the Canon Manor Committee meeting scheduled on September 22nd and signified that he had indicated he would be out of town. He extended apologies for not being able to participate in this meeting, but that Committee Member Vidak- Martinez is going to attend. 24. CITY MANAGER'S REPORT: 1) Sonoma County Transit, Bus Shelter revisions beginning 8/24/98 City Manager Netter reviewed the staff report provided for this item regarding the notice received from Sonoma County Transit that three bus shelters in Rohnert Park are scheduled to be removed due to a history of vandalism at the following locations: Golf Course Drive at Hillview Court; Snyder Lane at Eleanor Avenue; and Arlen Drive at Santa Alicia Drive. -- Discussion concluded in Council concurrence to send a letter to Sonoma County Transit regarding Council agreement on the importance of fixing and retaining these bus shelters. -- City Manager Netter added that he would check into the possibility of more surveillance by the Department of Public Safety. 2) Cell Phone Antennas - Sunrise Park - Update City Manager Netter advised this was an informational item provided to Council. 3) Update on "100 Days -10 %" Reduce Indoor Water Use Campaion City Manager Netter advised the letter dated August 10, 1998 from the City of Santa Rosa Utility Department regarding this item was provided for Council's information. 4) Railroad Crossings - Update -- City Manager Netter advised the staff report on this item was also provided to Council for its information. 5) Founder's Day Parade - Update -- City Manager Netter reported that efforts for this event have ended up as a staff responsibility, as compared to the initial hope toward citizenry participation for handling the event. Public Works Manager Bill Stephens has taken an active role in preparations for this event, including creating flyers, etc, and will provide a monthly report on the process. 6) Fall Clean Up October 9 -18 1998 - status report This report was provided for Council's information. 7) CAY Manager's vacation City Manager Netter shared that he enjoyed his vacation last week with his family. 25. CITY ATTORNEY'S REPORT: City Attorney Flitner advised he had nothing to report at this time. 26. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro asked if there were any additional unscheduled public appearances at this time. No one responded. 27. ADJOURNMENT: There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 10:27 p.m. to 5:00 p.m. on September 9, 1998 for a Budget Work Session. Judy Hauff, Deputy City Clerk jVmins:082598mn Linda Spiro, Mayor Rohnert Park City Council Minutes (15) August 25, 1998 9) Canon Manor -- Councilmember Mackenzie referred to the Canon Manor Committee meeting scheduled on September 22nd and signified that he had indicated he would be out of town. He extended apologies for not being able to participate in this meeting, but that Committee Member Vidak- Martinez is going to attend. 24. CITY MANAGER'S REPORT: 1) Sonoma County Transit Bus Shelter revisions beginning 8/24/98 City Manager Netter reviewed the staff report provided for this item regarding the notice received from Sonoma County Transit that three bus shelters in Rohnert Park are scheduled to be removed due to a history of vandalism at the following locations: Golf Course Drive at Hillview Court; Snyder Lane at Eleanor Avenue; and Arlen Drive at Santa Alicia Drive. -- Discussion concluded in Council concurrence to send a letter to Sonoma County Transit regarding Council agreement on the importance of fixing and retaining these bus shelters. -- City Manager Netter added that he would check into the possibility of more surveillance by the Department of Public Safety. 2) Cell Phone Antennas - Sunrise Park - Update City Manager Netter advised this was an informational item provided to Council. 3) Update on "100 Days -10 %" Reduce Indoor Water Use Campaign City Manager Netter advised the letter dated August 10, 1998 from the City of Santa Rosa Utility Department regarding this item was provided for Council's information. 4) Railroad Crossings - Update -- City Manager Netter advised the staff report on this item was also provided to Council for its information. 5) Founder's Day Parade - Update -- City Manager Netter reported that efforts for this event have ended up as a staff responsibility, as compared to the initial hope toward citizenry participation for handling the event. Public Works Manager Bill Stephens has taken an active role in preparations for this event, including creating flyers, etc. and will provide a monthly report on the process. 6) Fall Clean Up, October 9 -18 1998 - status report This report was provided for Council's information. 7) City Manager's vacation City Manager Netter shared that he enjoyed his vacation last week with his family. 25. CITY ATTORNEY'S REPORT: City Attorney Flitner advised he had nothing to report at this time. 26. UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro asked if there were any additional unscheduled public appearances at this time. No one responded. 27. ADJOURNMENT: There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 10:27 p.m. to 5:00 p.m. on September 9, 1998 for a Budget Work Session. /V,/ /4/ Jud au eputy a Clerk Linda Spiro, Mayor jVmins:082598mn jl� i �V �J rlgnting ror ramy cyruaim Pax Net edging onto cable's playing field By K.C. NEEL AND MAX LENDERMAN Fox Family Channel launched Aug. 15 with strong ratings results, but the network may find it harder to lure viewers when Paxson Communications' family- oriented broadcast and socalled "white area" network ^1 launches Aug. 31. Indeed, the race for family eyeballs among networks like Fox Family, Disney Channel, and Nickelodeon will intensify later this month when Paxson launches Pax Net in more than 74 million homes via the com- pany's network of 88 TV stations, which have secured must-carry status, as well as where Paxson has no "IV stations. Even though there is plenty of family programming currently available, many top MSOs say they're eager ger to distribute Pax Net, leaving some industry watchers to wonder why J operators would want to carry such similar net- works when channel space is at a premium and other more, unique networks are vying for carriage. "I think that Pax Net will fill a void Fox Family is creat- ing as they focus their pro- gramming efforts elsewhere," said Jeff Abbas, Adelphia's senior director of programming. Adelphia announced its a slew of cable affiliation deals that will guarantee carriage of Pax Net in areas See Eyeballs on page 44 News Pax Net Crowds Cable's Playing Feld Eyebalb from page I Pax Net affiliation last week. "There's no such thing as too much family programming," Abbas added. More signficantly, perhaps is the fact that operators are being lured by lofty cash incentives. Paxson reportedly has offered operators up to $10 a subscriber a month for carriage. It's also willing to reward MSOs with cash compensation if they put Pax Net's broadcast station on lower chan- nel positions. Ironically, Fox was one of the first networks to use the cash- for -car- riage incentive. News Corp. of- fered MSOs be- tween $10 and $12 a subscriber to get its Fox News on cable systems in 1996. It worked, but it was costly and sev- eral new networks have refused to go down that path, or go down it for long. Paxson is willing to spend between $50 million and $60 million on MSO payments alone this year, according to a recent Securities & Exchange Commission filing. Paul Kagan Associates figures that the pay- ments will add between 4 million and 5 mil- lion cable customers to Paxson's footprint Fox Family president Rich Cronin isn't fazed by the competition: "The more the merrier. We're going after a different au- dience than Pax Net Their key audience is 50+." But Paxson isn't Fox Family's only com- petition. During Fox Family's relaunch weekend. The Disney Channel televised The Lion King and Nickelodeon aired its season premiere of The Rugrats. And while Fox Family ran a Spice Girls special on Aug. 16, MTV jumped the gun by running its own special on the group on Aug. 15. Fox Family doesn't plan to sit still with all this competition, Cronin said. Indeed, network spots will be aired in over 50 mil- lion cable homes this fall and Fox Family will cross - promote its line -up with other Fox affiliates, including broadcast Some operators have expressed con- cern over the revamped Fox Family, which ditched its old format of shows that included Bonanza, The Big Palley and Gunsmoke for a new lineup that's de- signed to attract younger viewers Other operators have taken a wait-and- see attitude about the programming changes so far and Cronin noted that "ca- ble operators have had absolutely no calls at any of the regional sales offices with complaints about the programming." Still, some operators have said private- ly that they think Fox Family's new for- mat may scare away some of The Family Channel's core viewers and that Pax Net may be a good alternative for them. "Fox Family s fast pitch was high action and designed to grab people's attention." said one operator who asked to remain anonymous. "But there are some things on the new service that 1 don't really want my kids to watch now. I know it's probably going to get good ratings, but that's the way 1 feel." Still, Fox Family last week tried to bang the drum over its promising ratings earned over its debut weekend. The relaunched network posted an average household rating of 1.7 between 6 p.m. (ET) and 1 a.m. (EM on Aug. 15, according to data col- lected by A.C. Nielsen. The network also posted some solid gains over year -ago totals before News Corp. and Saban Entertainment bought it for $1.9 billion from International Family Entertainment. Compared to the same day in 1997, the average household rating increased 143 %. Adults 18.49 delivery improved 75% to a 0.7 rating, compared to a 0.3 rating one year ago. Also, Fox Family tripled the rating that Family Channel previously gained from children ages 2 -11 in some dayparts, and more adults watched the new channel dur- ing primetime, according to Cronin. More specific information wasn't available. The network was also able to retain old- er viewers (those older than 501 for movies such as Mrs. Doubtfire, which garnered a 3.4 household rating on.Aug. 15, he said. "Overall, I was concerned because of so much competition against us," he said. "But despite the counter- program- ming ... we still hit our targets." In the meantime, Pax Net keeps chug- ging along. Among the MSOs that've agreed to carry Pax Net in their white ar- eas: Adelphia Communications, Charter Communications, Tele- Communications, TCA Cable TV, InterMedia Partners and Comcast Corp. The network, which is building its pro- gramming mix around shows like Touched by an Angel, The Father Dowling Mystery Series, and Dr. Quinn, Medicine Woman, is viewed by many industry observers as di- rect competition from Fox Family. 44 August 24, 1989/ Cable World JPe a CENTURY COMMUNICATIONS, ROHNERT PARK CUSTOMER PROGRAMMING REQUESTS January, 1997 through July, 1998 History 769 18.4% ESPN 2 504 12.1% Comedy Central 420 10.1% Bravo 326 7.8% F/X 224 5.4% Home /Garden 203 4.9% Animal Planet 167 4.0% TV Land 155 3.7% E! 153 3.7% Galavision 141 3.4% Romance Classics 110 2.6% ESPN News 103 2.5% CMT 82 2.0% BET 75 1.8% Preview Channel 72 1.7% Family Channel 71 1.7% Starz 55 1.3% VH -1 (24 hrs) 55 1.3% C -SPAN II 50 1.2% C -SPAN (24 hrs) 48 1.1% Encore 34 0.8% Telemundo 34 0.8% MTV 2 33 0.8% MSNBC 31 0.7% Speed Vision 31 0.7% Internet Access 26 0.6% Fox news 24 0.6% Food Channel 23 0.6% Sega Channel 23 0.6% Sundance Channel 22 0.5% Golf Channel 21 0.5% Weather Channel (24 hrs) 19 0.5% Outdoor channel 11 0.3% Idependent Movie Ch. 9 0.2% Religious 9 0.2% Fit TV 8 0.2% Nostalgia Channel 8 0.2% WGN 8 0.2% HBO -2 5 0.1% Travel Channel 3 0.1% Arabic Programming 2 0.05% Gospel Music TV 2 0.05% SCOLA -SF Ch. 2 0.05% India programming 1 0.02% Knowledge Channel 1 0.02% Prime Ticket 1 0.02% TOTALS 4,174 I � / r