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1993/07/27 City Council MinutesRohnert Park City Council Minutes July 27, 1993 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. CALL TO ORDER -Mayor Hollingsworth called the regular session to order at approximately 6:50 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters and personnel matters. He said no action was taken and there was nothing to report at this time. Planning Commissioner John Hamilton letter resignation - Mayor Hollingsworth shared contents of letter dated July 19, 1993 from Planning Commissioner Hamilton regarding his notice of resignation from the Planning Commission to be effective August 1st, 1993 which is necessary because his family will be moving to the Bitterroot Valley, Nbntana. The Mayor pointed out that W. Hamilton was his nomination to the appointment. He expressed appreciation for Mr. Hamilton's efforts on the Planning Commission and wished his family well on the new venture. ROLL CALL 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, Director of Public Works /City Engineer Brust, Finance Director Harrow and Recreation Director Pekkain. Approval of Upon motion by Councilmember Gallagher, seconded by Councilmember Eck, Minutes and abstention by Councilmember Reilly due to absence from the meeting, the minutes of July 7, 1993 for the joint meeting with Sonoma State University President's Cabinet were approved as submitted. Upon motion by Councilmember Eck, seconded by Councilmember Gallagher, both of the July 13, 1993 minutes for the budget work session and regular session as amended by comments from George Horwedel at close of this meeting, were unanimously approved as submitted. Approval of Upon motion by Councilmember Spiro, seconded by Councilmember Eck, Bills City bills presented per the attached list in the amount of $1,131,737.28 were unanimously approved. Non - agendaed matters NSayor Hollingsworth queried if any Councilmember had any non - agendaed items to add to the agenda. Councilmembers Eck, Gallagher and Spiro signified miscellaneous items to add under matters from Council, if time allows. Rohnert Park City Council Minutes (2) July 27, 1993 Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a commnt may do so at this time. Appearances He explained that under the Brown Act, in most cases, the Council cannot handle an item without it being listed on the agenda. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk. Sandra Shaw, 2519 MacMillan Street, Napa, Ca. 94558, former five year resident of Rohnert Park, shared background history pertaining to her qualifications and experience in property management. She confirmed support of an ordinance for interest on rental security deposits, reviewed procedures for handling trust fund accounts, and quoted from information received from Anthony Schools. She recommended that Council consider establishing a Blue Ribbon Committee to work on appropriate language for the proposed ordinance. Mayor Hollingsworth responded that information from Anthony School is not always up to date and, therefore, directed the City Attorney to obtain the most current codes regarding this matter for Council's further review and consideration. Ben Friedman, 7223 College View Drive #17, initiator of the above - referenced ordinance proposal, expressed agreement with the previous speaker. He said he received a phone call this morning from Christopher Cowan, representative of Sonoma County Realtors Association, informing him of results of recent meeting whereby the Realtors Association passed a provision not objecting to renters obtaining interest on security deposits, but want the matter to be between the renter and the land lord. Mr. Friedman expressed concern about the fairness of this provision as some may not adequately convey the message. However, it was established that the Realtors Association is not opposed to the payment of interest on rental security deposits according to this morning's phone call. City Manager Netter responded to the Mayor's inquiry that the City has not yet received a letter from the Sonoma County Realtors Association confirming results of the referenced meeting. He said the official results of the meeting will be provided to Council for further review and consideration upon receipt of same. Discussion followed during which concerns were expressed by Council related to enforcement, if such an ordinance is passed. 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. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Rohnert Park City Council Minutes (3) July 27, 1993 Resolutions: No. 93 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF SUSIE HAHN (Re. An Arrest by Department of Public Safety at New Release Video Store) No. 93 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING LEGISLATION THAT WOULD ALLOW FOR THE U. S. GOVEROE W TO ESTABLISH A PROGRAM PROVIDING FOR INTEREST FREE LOANS TO STATE AND LOCAL TAX SUPPORTED BODIES FOR THE PURPOSE OF FUNDING CAPITAL PROTECTS AND FOR PAYING OFF EXISTING DEBTS No. 93 -79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING H. R. 140, "THE FEDERAL MANDATE RELIEF ACT OF 1993" Ordinances for Adoption: No. 577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SECTION 3.04.090 OF chapter 3.04 OF THE ROHNERT PARK MUNICIPAL CODE (RE. PURCHASING) No. 578 AN ORDINANCE AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15, SECTION 15.40.020 (Capital Outlay Fund Fees Adjustment for Increase in Cost of Construction Index) Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Scheduled Public Appearances: 1) Sonoma County Assessor James Gallagher referenced copies distributed to Council and shared contents of his letter dated July 27, 1993 regarding 1993 -94 Assessment Roll with attached comparison of values for the City of Rohnert Park and the County of Sonoma, as well as summary of comparisons for all the cities in Sonoma County. W. Gallagher pointed out that the 1993 -94 assessment roll for Rohnert Park is $1,968,378,850 which is an increase of $77,079,567 (4.08 %) over the 1992 -93 assessment roll. 2) Lew Kuehm, President of Founders' Day Association, shared contents of copies provided to Council of news release with related attachments regarding this year's Founders' Days event scheduled Saturday and Sunday, September 18 & 19, 1993. This will celebrate the City's 31st birthday with suggested theme title of "ISN'T 3 1 DERFUL ". Mayor Hollingsworth suggested honoring the volunteers and workers involved in the success of the Founders Days event in the colored tabloid described by W. Kuehm to publicize this event. Mr. Kuehm expressed appreciation that the referenced colored tabloid would be produced and contributed by the Coimunity Voice with publication date scheduled for Wednesday, September 15, 1993. Mr. Kuehm said Patty Coe is looking into the feasibility of having the California Horsemen's Association state competition here next year which could bring in quite a few hundred people. This would include the need to locate a place to stable the horses. Council signified no objection to the idea and encouraged pursuit of possibilities. Rohnert Park City Council Minutes (4) July 27, 1993 W. Kuehm said that Saturday, August the 21st, is the actual birthday of the City and suggested sharing the annual birthday cake during recess of the Council meeting of August 24th, 1993. Council agreed. W. Kuehm expressed appreciation for the City's continued support and funding for the Founders' Day Association and events. 3) Ruth Angelo, 5785 Dolores Drive, regarding objection to number of stop signs on Santa Dorotea and Donna Court - City Manager Netter said this item would be deferred to the next Council meeting as Ruth Angelo had called and said she would be out of town and unable to attend tonight's Council meeting. Resolution A RESOLLjrION AWARDING CONTRACT FOR THE JANITORIAL MAINTENANCE SERVICE No.93 -80 FOR CITY BUILDINGS AND FACILITIES City Manager Netter explained the resolution for consideration as reviewed in staff reports with relative attachments provided to Council recommending award of this contract to the lowest bidder, Servicemaster Building Maintenance in the amount of $6,943 per month and an hourly rate of $17.50 for additional work. Mr. Netter said, for Council's information, that the second lowest bidder, Quality Cleaning, had been notified that its bid bond mzst be on file prior to this Council meeting if its bid is to be given further consideration in the event that the lowest bidder does not comply with the contract provisions. In regard to the lowest bidder, Servicemaster spent a considerable amount of time during the walkthroughs and it is staff's opinion that Servicemaster had full comprehension of the bidding conditions and, therefore, awarding this contract to the lowest bidder continues to be the recommendation of staff. A representative of Quality Cleaning acknowledged from the audience that its bid bond was placed on file with the City yesterday, Mbnday, July 26th, 1993. Upon motion by Councilmember Gallagher, seconded by Councilm ni er Eck, and unanimously approved, reading of Resolution No. 93 -80 was waived and said resolution was adopted. Traffic Signals Needs - City Manager Netter explained staff report provided to Council regarding 1992 Traffic Inpact Fee Survey signifying Rohnert Park's current fee of $525 per single family home is very low comparatively. The proposed fee of $1,000 per unit is still on the low end of the scale. This item was discussed during the previous Council meeting of July 13, 1993 and included in the public hearing of said date for the proposed 1993 -94 City budget. Council directed a separate public hearing be held regarding this matter due to the dollar increase in traffic signals fees in order to specifically notify developers and the Builders' Exchange and to provide sufficient opportunity for additional input on this fee change. Various existing and proposed fees included in the staff report were also reviewed in the Council Meeting Memo. W. Netter said copies were provided to Council of resolution for consideration regarding this matter as reviewed and the public hearing for same had been duly noticed and scheduled at this time. City Manager Netter and City Engineer Brust responded to various Council questions explaining contents of the referenced staff reports. Rohnert Park City Council Minutes (5) July 27, 1993 Public Mayor Hollingsworth opened the public hearing at approximately Hearing 7:26 p.m. 'There being no one desiring to speak, the Mayor closed the public hearing. Resolution RESOLUTION UPDATING FU`= TRAFFIC SIGNAL NEEDS AND INCREASING TRAFFIC No.93 -81 SIGNALS FEE FOR THE ROHNERT PARK MAJOR THOROUGHFARE DISTRICT Upon motion by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 93 -81 was waived and said resolution was adopted. Proposed 1993 -94 City Budget: 1) City Manager Netter explained staff reports and resolutions for consideration related to the proposed 1993 -94 City budget as reviewed in the Council Meeting Memo. He said copies were distributed to Council at tonight's meeting of July 27, 1993 staff report regarding an updated 1992 -93 budget comparison with the City of Petaluma following further review of same by Rohnert Park Finance Director Harrow with Petaluma Finance Director Spillman. City Manager Netter and Finance Director Harrow responded to various Council questions related to the budget. Council discussion included comments related to the tough budgetary times. Councilwoman Gallagher expressed the desire to examine the costs for upper management and the finance department more thoroughly during next year's budget reviews but this would not prevent her from voting in favor of the 1993 -94 budget. Resolution No.93 -82 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1993 -94 Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -81 was waived and said resolution was unanimously approved. 2) Other resolutions for consideration - City Manager Netter explained other budget related resolutions for consideration pertaining to job reclassifications included in the above- approved City budget. He advised that the third job description listed on the agenda for the water monitoring technician needed further review and, therefore, consideration of resolution approval regarding same would be deferred to the next Council meeting. Resolution RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING A PAY RATE AND No.93 -83 RANGE FOR ANIMAL HEALTH TECHNICIAN II Resolution RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING A PAY RATE AND No.93 -84 RANGE FOR BUILDING /CONSTRUCTION INSPECTOR Upon motion by Councilm nlDer Gallagher, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution Nos. 93 -83 and 93 -84 were waived and said resolutions were consecutively adopted. Rohnert Park City Council Minutes (6) July 27, 1993 Parks and Recreation matters: 1) Rohnert Park Stadium events /musical events on other city property - City Manager Netter said Ordinance No. 579 was introduced at the previous Council meeting of July 13th, 1993 pertaining to the referenced item. He explained the ordinance as reviewed in the Council Meeting Memo. City Manager Netter, City Attorney Flitner and Recreation Director Pekkain responded to various Council questions regarding this matter. Council discussion included concerns expressed regarding direction speakers should point and distances speakers should be from residential areas. Councilman Reilly referenced Section 1(b) of the ordinance and recommended changing "youth of the comrunity" to "member of the comYunity" since both adults and youth are interested in musical events. Al Barr, 5746 Dexter Circle, recom ended retention and enforcement of the recently amended Sound Ordinance No. 570. He pointed out that the existing sound ordinance specifies the source of sound to be located at least 200' from any residential district, whereas the new ordinance proposal specifies this distance to be 100'. He said his home is 1000' from the Nbuntain Shadows Golf Course and the current distance requirement for sound can, at times, be a problem as it is. It will definitely be a problem if the ordinance amends that distance from 200' to 100'. Discussion followed including City Attorney response to further Council questions that efforts were made to draft the amended sound ordinance to generally provide certain consistent standards for all potential public sites or areas. He said exception provisions could be established for specified areas like the golf course. Recreation Director Pekkain confirmed that staff had not given specific consider- ation to the golf course but the Parks and Recreation Department has been receiving requests for amplified sound in both A Park and S Park. Some picnics and weddings would like provisions for small, combo -type bands and /or other similar amplified music. Council concurred to defer this item to the next Council meeting of August 10, 1993 following City Attorney's revised wording of Sound Ordinance No. 579 to provide for exceptions to specified public areas. 2) Proposal to open Sports Center for late night teen drop -in program - Recreation Director Pekkain shared contents of staff report dated June 8, 1993 regarding the referenced teen program proposal. Recreation Director Pekkain and City Manager Netter responded to various Council questions regarding same. W. Pekkain said the only change in the recommendations provided in the staff report is to change the starting date of the teen program from August 20th, 1993 to September 17th, 1993 because of the time factor and it would be better to see what kind of interest will be generated from non - profit groups. Upon motion by Councilmember Eck, seconded by Councilmember Gallagher, implementation of the late night teen drop -in program at the Sports Center, as recommended by staff, was unanimously approved. Rohnert Park City Council Minutes (7) July 27, 1993 Ordinance for introduction: No. 580 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMQMING THE ROHNERT PARK M- NICIPAL CODE, TITLE 15, CHAPTER 15.08 BUILDING CODE RE- QUIRING ENGINEERED FILL MATERIAL UNDER BUILDINGS UTILIZING SLAB ON GRADE CONSTRUCTION City Manager Netter explained the ordinance for introduction as reviewed in the Council Meeting Memo. City Manager Netter and Director of Public Works /City Engineer Brust responded to various Council questions regarding this matter. With the introduction of this ordinance at this time, it will be up for adoption at the City Council meeting of August 10, 1993 and become effective thirty (30) days thereafter. Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, and unanimously approved, reading of Ordinance No. 580 was waived and said ordinance was introduced. General Plan of the City of Rohnert Park /Presentation of First Draft: Assistant to the City Manager Leivo referenced distribution to the Council of the first draft of the General Plan of the City of Rohnert Park dated June 30, 1993. He shared procedural comments and General Plan Committee recommendations as reviewed in the Council Feting Memo. Mr. Leivo and City Manager Netter responded to various Council questions related to this matter. Discussion included the Mayor's compliments of the idea of a Blue Ribbon Committee and said perhaps consideration should be given to the formation of such a Committee for the General Plan that would take the matter out of the realm of a political football field and the members would be a group of citizens that would represent a cross section of all people in the comtunity. Van Logan, representing Quaker Hill Development of Healdsburg, expressed concerns related to this matter and shared numerous reasons in support of sending the draft General Plan to the Planning Commission but with instructions to look to a 15 or 20 year time horizon with appropriate planning and allotments over this period of time. Linda Branscomb, 21 Anne, concurred with the previous speaker. She said long range plans need to be considered as there will only be more pressure from ABAG, the press, etc. The draft General Plan should be sent on to the Planning Commission for review and to receive public input and then proceed with the long range plans. 1) Submittal of Draft Housing Element for preliminary review by the State Department of Housing and Community Development Upon motion by Councilmember Reilly, seconded by Councilmember Gallagher, submittal of Draft Housing Element for preliminary review the State Department of Housing and Community Development, was unanimously approved. Rohnert Park City Council Minutes (8) July 27, 1993 2) Approval to assign General Plan to Planning Commission for review Discussion ensued pertaining to consideration of setting a deadline for the formation of a new General Plan Committee or a Blue Ribbon Committee for the General Plan within the same motion approving assignment of the draft General Plan to the Planning Commission. Council agreed these issues should be dealt with separately. Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, assignment of the First Draft General Plan to the Planning Commission for review, was unanimously approved by roll call vote. Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, to set a deadline in October, 1993 for the formation of a new Citizens Advisory General Plan Committee or Blue Ribbon Committee for the General Plan with friendly amendment by Councilmember Eck for staff to prepare recommendations for the establishment of said committee for further Council consideration during one of the October 1993 Council meetings, was unanimously approved. RECESS Mayor Hollingsworth declared a recess at approximately 8:40 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 8:50 p.m. with all councilmembers present. Proposed horse ranch behind "G" section neighborhood - Councilman Eck said copies were provided to Council of Notice of Use Permit Waiver from the Sonoma County Planning Department with relative attachments regarding the referenced item. He shared comments as reviewed in the Council Meeting Memo. Upon motion by Councilmemer Eck, seconded by Councilmember Reilly, a letter to be written to the Sonoma County Planning Department protesting the issuance of use permit waiver for Petaluma Hills Stables, 5525 Petaluma Hill Road, without a public hearing, was unanimously approved. Sonoma County Agricultural Preservation and Open Space District: City Manager Netter referenced two letters with relative attachments from the referenced Open Space District dated July 8, 1993 and shared contents therein, as reviewed in the Council Meeting Memo, pertaining separately to the following items: 1) requesting input on the District's role in acquisitions involving recreation; and 2) soliciting input on the District's Draft Action Plan. Councilman Eck, representative on the Open Space Acquisition Committee, shared additional comments regarding discussions from said Committee meetings confirming continued observations of the use of related sales tax monies. He signified agreement with Council comments that monies from the Open Space District should not be used to purchase lands for golf courses. He responded to additional Council questions that consider- ations included more passive recreational use of open space/community separators, such as trails for horse back riding. Councilman Eck said chances included the possibility of such lands being turned over to Parks and Recreation Departments with provisions for unique and planned circumstances with efforts toward providing flexibility but at the same time being effective open space /passive recreational uses. Following discussion, Council concluded no changes were recommended for either of the above- reviewed items. Rohnert Park City Council Minutes (9) July 27, 1993 California Regional Water Quality Control Board -North Coast Region letter to City of Santa Rosa dated July 13, 1993 regarding implementation of long range plan for wastewater treatment and disposal - City Manager Netter explained this item, as reviewed in the Council Meeting Memo, including comments signified on July 14th meeting agenda provided for Council's information of the Technical Advisory Committee of the Subregional Wastewater System which was attended by Director of Public Works /City Engineer Brust. City Manager Netter referred to another similar topic in recent news regarding City of Santa Rosa and the Regional Water Quality Control Board pertaining to the loss of 100 to 300 small fish. City Engineer Brust confirmed that one hearing had already been held regarding this matter which resulted from a very short discharge of treated wastewater. Procedures are currently under way via autopsies of the fish to investigate and determine whether the fish were actually killed by the pressure or the contents. Cable TV matters: 1) Live broadcast of City Council meetings - City Manager Netter shared contents of staff report dated July 13, 1993, as reviewed in the Council Meeting Memo, regarding preparation of comparative cost estimates by MiltiVision pertaining to live broadcasting of City Council meeting for three considered locations, i.e., the existing City Hall, the proposed Civic Center site, and the Community Center /Performing Arts Center. These estimates should be available for review within thirty days. Mr. Netter responded to various Council questions regarding contents of the referenced staff report. Fran Parkey, General Manager of MiltiVision, also responded to various Council questions regarding this matter confirming contents as reviewed in the staff report. 2) Cablecasting of FM signals by M,tltivision Cable TV - City Manager Netter referenced staff report dated July 19, 1993 pertaining to this matter as reviewed in the Council Nbeting Memo. He said several phone calls and letters had been received at the City Offices expressing concern about the interruption in FM service as a result of the recent testing of cablecasting of FM radio signals. Bill Wilkerson, former Regional Engineer for MiltiVision, further explained technicalities involved in the above- referenced testing procedures. He responded to further Council questions regarding same. MxltiVision General Manager Fran Parkey confirmed content of the referenced staff report and responded to various Council questions regarding same. She reviewed new legislation related to the "must carry" rules and said notice from FCC was just recently received signifying that the deadline for meeting the regulations has been moved up to October 1st, 1993. She said it is going to be a very confusing time for their subscribers, as well as the workers at MiltiVision, but this is just the beginning since other negotiations are continuing that will effect even further adjustments and changes as a result of legislative requirements. She confirmed to the Mayor's inquiry that informative notices are going out with the next MiltiVision billing cycle. Rohnert Park City Council Minutes (10) July 27, 1993 COYF Committee (Hollingsworth & Spiro) - Council Committee Member Spiro gave a brief summary of items discussed at the July 12, 1993 meeting. She said a special meeting has been scheduled for August 16, 1993 to discuss proposals for use of the Outreach Center. Volunteer Center - City Manager Netter shared contents of letter dated July 1, 1993 from Karen Johnson, Executive Director of Sonoma County Volunteer Center outlining two proposals for a potential volunteer center in the City of Rohnert Park, as reviewed in the Council Meeting Memo. Mr. Netter said this item would need to be deferred to the next Council meeting of August 10, 1993 following receipt of additional feedback and input from James Park, Manager of Youth & Family Services. He responded to Council comments and acknowledged Councilwoman Gallagher's recommendation to request a particular chart from Karen Johnson showing comparatives of the investment of volunteers. Senior Citizens Advisory Commission request for expansion of the Senior Center - City Manager Netter referenced letter received July 19, 1993 from John D. Chase, Chairman of the Senior Citizen Advisory Commission, regarding this request. Mr. Netter shared comments as reviewed in the Council Meeting Memo with recommendation that a letter response be written explaining that the space was developed for youth and family programs and that proposals are currently being reviewed. In the event no viable program can be implemented, then the expansion of the Senior Center would be considered. Council agreed. Department of Public Safety ordinance proposal to control disturbances at parties - City Manager Netter shared contents of staff report dated July 7, 1993 with related attachments, as reviewed in the Council Meeting Memo, requesting the Council to consider the referenced ordinance proposal. Discussion included Council concerns regarding the last paragraph of the City of Santa Rosa Ordinance Summary relating to minors' possession of alcohol, and that such a statement should not be in the ordinance. It was pointed out that what has happened in other cities is that a problem has developed regarding the use of police time for unsupervised parties, which has resulted in the need for such an ordinance. Council agreed with the Mayor's direction for the City Attorney to revise the wording of the proposed ordinance for further Council review and consideration. Fireworks matters: (Spiro) 1) Fourth of July Fireworks display at Rohnert Park Stadium - Councilwoman Spiro expressed concerns related to advertisement of the free 4th of July fireworks display and complications from the paid program that was held earlier in the day that might have interfered with ability of residents to get into the stadium for the free display. Discussion included confirmation that no one was turned away from the stadium to attend the free fireworks display and those who did attend the program found there was ample room for families to utilize the grass area at the stadium and enjoy the fireworks. 2) Fireworks stands in Rohnert Park - Councilwoman Spiro pointed out that local non - profit organizations depend heavily on proceeds from fireworks stands. She expressed concern about permitting organiza- tions from outside the area to have such stands creating too mach competition for the local non - profit groups. She said only resident organizations should be allowed permits for fireworks stands. City Attorney responded that he would review the legalities of the issue to see if a program could be developed to help control fireworks stands. Rohnert Park City Council Minutes (11) July 27, 1993 Council Committee reports: 1) New Garbage Committee - Council Committee Members Reilly said the new Garbage Committee comprised of himself and Councilwoman Spiro met recently. They were brought up to date regarding this matter. He said the basic direction is to go with the established operations until 1995 and the Committee is in the process of reviewing all the other options. Another Garbage Committee meeting is planned for next Thursday, August the 5th. Councilman. Eck gave the example of garbage collection procedures in Sacramento related to crushing certain yardwastes directly onto the lawns which is included in the water billing system. He recommended consideration of this procedure in options to be reviewed for Rohnert Park. Councilman Eck also recommended review of Petaluma's model as an option to consider that works toward reduction based on a user fee. 2) Nbbile Home Parks - Council Committee Member Eck said the Nbbile Home Parks Council Committee comprised of himself and Councilman Reilly met today with Mr. Heath of Valley Village to review proposals related to funding for the Mobile Home Purchase Program. It was a good preliminary meeting. The park owners that have been contacted have at least shown interest in reviewing possibilities and, so far, have not just rejected the idea. 3) Golf Course Committee - Mayor Hollingsworth said the Golf Course Committee comprised of himself and Councilwoman Spiro met on July 16, 1993. The meeting agenda for same was provided for Council's information listing the items reviewed. The Mayor said he noticed the previously mentioned golf ball picker machine was still there and, even though it is not being used, the golf course has been advised by the City to get rid of it because of the excessive noise it makes. Mayor Hollingsworth also confirmed that there has been some recent changes made in Golf Course management personnel. He said discussion included other areas of concern for the golf course, such as changes in upkeep and maintenance expected by the City. Employee Home Purchase Assistance Program - City Manager Netter referenced copies provided to Council of letter dated August 6th, 1986 from League of California Cities regarding the Housing Assistance Loans to City employees. This item was continued from the July 13th Council meeting. Copies were also provided to Council of City Attorney's letter dated July 15, 1993 to North Marin Water District with relative attachments regarding this matter including return response comments on the letter from Jon Nelson, General Manager, North Marin Water District. City Attorney Flitner expressed concerns pertaining to restrictions of Government Code Section 53561 relating to this issue and said he did not know how an agency could get around the legalities. There are references to first mortgages but nothing about second mortgages behind banks, therefore, if someone defaults, an agency could be left "holding the bag" for such loans. City Attorney Flitner responded to Council questions and shared further comments for recommending against the City's participation in such loans. It would be mach better for employees to apply for loans through standard borrowing procedures available in the community rather than involve the City. Council agreed this matter should not be pursued further. Rohnert Park City Council Minutes (12) July 27, 1993 Cona=ications - CommTulications were brought to the attention of the City Council per the attached outline distributed prior to the meeting. No action was taken unless specifically noted in these minutes. Councilman Eck referenced the upcoming School District /City Coordinating Committee meeting and recommended items for discussion to include the idea of utilizing treated wastewater for landscape irrigation and to bring up the possibility of additional landscaping such as tree planting inside the fence on the large acreage around the ranch to break up that particular long stretch of space for the benefit of the bike path. Councilwoman Gallagher recomrended that a Bicycle Committee Member should also be invited to attend the referenced meeting. City Manager confirmed he would conrunicate the recommendation. Councilwoman Spiro also referenced notice from District /City Coordinating Committee meeting scheduled for Thursday, July 29, 1993. She said she had a conflict with that date. City Manager Netter said he received a message today from the School District acknowledging receipt of the information and that rescheduling possibilities would be handled tomorrow. City Manager Netter called attention to letter from Paul Stutrud expressing Garbage Committee concerns including recommendation to be on the committee expanded to include at least two residents. The City Council took no action. City Manager Netter referenced item No. 10 on Conirunications regarding petition of thirteen signatures opposing a temporary use permit for Planning File No. 1602. Mr. Netter said this petition was filed after the appeal process deadline and requested Council's authorization to write responding letters advising that the time period for appeal had run out. Council agreed. City Manager's report: 1) Shopping carts pick up program - City Manager Netter referenced report provided to Council regarding shopping carts picked up by the Department of Public Works. He requested Council's authorization to send letters to the specified businesses indicating that the City will be establishing a fee to cover costs related to this effort. Discussion followed during which the Mayor expressed concern related the courtesy use of carts that has been extended to seniors in the surrounding vicinity. Council agreed the Senior Advisory Commission should be made aware of this issue and such a program should be coordinated between the seniors and the stores. City Attorney's report: 1) Executive session /goals & policies - City Attorney Flitner said copies were provided to Council, as previously requested, of his memorandum dated April 30, 1993 regarding executive sessions to discuss goals and policies and whether or not such sessions compromise the Brown Act. He said the Council has since indicated that it is not interested in such executive sessions and has signified agreement with suggestion that study work sessions be open meetings to be in coirpliance with the Brown Act. Rohnert Park City Council Minutes (13) July 27, 1993 2) Greenwood Addition Homeowners Association - City Attorney Flitner referenced information provided to Council regarding this case versus the City of San Marino and said the decision of the Court of Appeals was favorable in that it held that LAFCO was not obligated to consider annexation. City Attorney Flitner referenced previous information provided to Council regarding the next two items listed on the agenda, specifically Berry vs. County of Sonoma and City of Glendale request for amicus support. He said these items had been carried over from previous Council meetings and it was now too late to join in the amicus briefs regarding same. 5) Waste Resources Technologies vs. City and County of San Francisco - City Attorney Flitner said it may not be too late to respond to the request for amicus support regarding this matter. He shared contents of the request dated June 21, 1993 provided to Council. He said the League of California Cities signifies that the case challenges the authority of cities to classify and regulate the collection of refuse and recyclable materials under the Integrated Waste Management Act (ICI). Mr. Flitner said he brought this to Council's attention as it might want to consider joining in the amicus brief supporting San Franciso's position because of the waste management issue. Council concurred. EXTEND COUNCIL MEETING - Council agreed to extend the Council meeting a few minutes in order to complete the remaining agenda items. Matters from/for Council: 1) Proposed casino in Santa Rosa - Councilman Reilly recommended a letter over the Mayor's signature supporting the City of Santa Rosa's opposition to the proposed casino in Santa Rosa. Council agreed. 2) Agenda items for School District /Cities Communications Committee (Gallagher /Spiro) - City Manager Netter signified that this item was reviewed earlier during tonight's meeting. 3) Installation of benches on north side of Golf Course Drive - Councilwoman Spiro recommended consideration of the referenced item. Mayor Hollingsworth suggested writing to local service clubs regarding the possibility. Ms. Spiro said she would bring the matter up at the next meeting with local service clubs since she was on that committee. 4) Councilwoman Spiro referenced League of California Legislative Bulletin #26 -1993 and recommended Council's support in opposing AB 996 regarding smoking and tobacco control. She said communities should be able to decide these issues. Council concurred a letter should be written over the Mayor's signature expressing opposition to AB996. 5) Councilwoman Spiro also referenced item #2 on the same Legislative Bulletin #26 -1993 and asked if Council wanted to support Willie Brown's position regarding Workers' Compensation Reform. Councilman Eck pointed out that Willie Brown has taken some good positions on other issues and he appreciated what he has done so far. Rohnert Park City Council Minutes (14) July 27, 1993 6) Mayor Hollingsworth said Jan White of the Boys and Girls Club has requested a support letter over the Mayor's signature for grant seeking purposes. Council concurred. 7) Councilwoman Gallagher asked if Council would schedule a date for the next Town Hall Meeting. Discussion followed concluding in Council concurrence to place this item on the next agenda because of the need to decide the next area in the community to have a Town Hall Meeting, as well as a date and possible agenda topics for same. 8) Councilwoman Gallagher asked about the trees that are dieing in the vicinity of the air port. City Manager Netter responded that the City is checking into the referenced trees along the Expressway and the answers are not yet concluded. Unscheduled Public Mayor Hollingsworth asked if there were any other unscheduled public Appearances appearances at this time. George Horwedel, 7669 Camino Colegio, referenced the previous Council meeting minutes of July 13, 1993 and requested a correction to the last sentence of his comments on page 5 to read as follows: "recommended adding fees on development of new houses that could be combined with open space money for green belt purposes with clarification that his suggestion was not to forfeit green belt space for housing ". Council agreed. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:06 p.m. (7&Y De r/ Ci Clerk jh Mayor