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1994/01/25 City Council MinutesRohnert Park City Council Minutes January 25, 1994 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 Reilly presiding. CALL TO ORDER- -layor Reilly called the regular session to order at approximately 6:30 p.m. and led the pledge of allegiance. Mayor Reilly advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters and personnel matters as listed on the agenda attachment. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Hollingsworth, Spiro and Mayor Reilly Absent: (0) None Staff present for all or part of City Attorney Flitner, Assistant Public Works /City Engineer Brust, Services Commander Shields. the meeting: City Manager Netter, City Manager Leivo, Director of Finance Director Harrow, and Fire Approval Upon motion by Councilman Hollingsworth, seconded by Councilwoman of Spiro, with correction by Councilwoman Gallagher on page 5, last Minutes sentence of first paragraph, to change "were provided" to "will be provided ", the minutes of January 11, 1994 were unanimously approved as amended. Approval Upon motion by Councilwoman Gallagher, seconded by Councilman of Hollingsworth, City bills presented per the attached list in Bills the amount of $636,166.28 were unanimously approved. Non - agendaed Mayor Reilly queried if any Councilmember had any non - agendaed items matters to add to the agenda. Councilman Hollingsworth signified one miscellaneous item to add, Councilwoman Spiro signified a few miscellaneous items, Councilman Eck signified one item from the Open Space District, and Councilwoman Gallagher signified an item to add. M3NENT OF SILENCE - Mayor Reilly said a moment of silence would be observed in honor of Marion Case, who passed away on Monday, January 17, 1994. Marion Case was active in the Mbbile Home Rent Control initiative. The Mayor advised that Susan Aldeza, Mbbile Home Rent Appeals Board Member, was in a serious accident recently, and thoughts should also be included for her during this moment of silence. Rohnert Park City Council Minutes (2) January 25, 1994 Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act), Public citizens wishing to make a comment may do so at this time. Under Appearances legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Henry Bills, 1161 San Antonio, referred to proposed uses for the Rohnert Park Stadium and reviewed numerous reasons for supporting continued arrangements with the North Bay Breakers Soccer League. He asked if consideration could be given to bringing the soccer field closer to the spectators area. Mayor Reilly responded that possibilities were being considered for duel use of the Stadium for both baseball and soccer, and all options will be examined and considered. C O N S E N T .0 A L E N D A R Mayor Reilly queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. City Manager Netter said Resolution No. 94 -20 should be removed from the Consent Calendar as the City Attorney advised the need to modify some of the wording for the lease purchase agreement with Banc One Leasing Corporation for the purchase of described vehicles. This item would be deferred to the next Council meeting. Council agreed. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No.94 -19 A RESOLUTION APPROVING SPACE /RENTAL WITH THE SENIORS' CRAFT SHOPPE FOR ROOM SPACE AT THE CODDING CENTER, 6800 HI-IN= DRIVE, SUITE A No. 94-21 RESOLUTION CALLING FOR SEALED PROPOSALS, EAGLE PARK TENNIS COURT RESURFACING, PROJECT NO. 1991 -12 Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, with the exception of Resolution No. 94 -20, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes (3) January 25, 1994 Resolution A RESOLUTION OF THE CITY COLdUCIL OF THE CITY OF ROHNERT PARK No.94 -22 FOR THE FUTURE OF OLR CHILDREN City Manager Netter explained the resolution which was reviewed at the previous Council meeting. He referenced the revised draft provided to Council with the more generic title and said the content had been pre- pared with additions per Council's direction at the previous meeting. Discussion followed during which Councilwoman Spiro reviewed previous comments confirming that a term other than "commission" should be used in referring to this youth group because of the City's requirements for City - formed commissions. Council concurred to use the term "council" for the referenced youth group. City Manager Netter responded to Council inquiry about reactivating the previously established youth committee, that staff was checking with Don Kite and that Recreation Director Pekkain reported finding nothing in the available City files. Councilwoman Spiro confirmed today's conmmications with Don Kite and said she would ask him for the necessary information from his past records when she speaks with him again on Nbnday. Therese Horsting, 8472 LaSalle Avenue, Cotati, Ca., expressed appreciation for the City's support and respected the efforts of COYF. She said, however, that she would like to emphasize, for the record, that this resolution is not related to COYF and Rohnert Park, specifically, but it is an opportunity for Rohnert Park to set the pace for Cotati and other cities to follow suit for ensuring the future of our children. She asked that the title and form of the resolution be kept close to the original one submitted and that due credit be given to Councilwoman Gallagher for presenting the UNICEF report to their club and for spending several hours with her writing the resolution on behalf of the Democratic Club and other similarly spirited local citizens. She said the resolution should more or less sit by itself, since it is a global issue, and can be used by Rohnert Park and then go on up through the county and the state. Further discussion concluded upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, as revised with generic title and changing the term "youth commission" to "youth council ", reading of Resolution No. 94 -22 was waived and said resolution was adopted. Scheduled Public Appearance: Marie Vinsick, 38 Estrella Drive, and Victor Vinsick, 8564 Loretto Avenue, Cotati, Ca., representing the Caring at Christmas Program expressed appre- ciation for Council's support of this program which serves the families of Rohnert Park and Cotati. They presented a Certificate of Appreciation signed by James Price, President of the Ministerial Association, to the City of Rohnert Park for contributing to the Caring at Christmas Program. Mayor Reilly accepted the Certificate of Appreciation on behalf of the City Council. Councilman Hollingsworth commended Marie and Victor Vinsick on their hard work involved for the success of this program and said it would not be possible without such voluntary efforts. Rohnert Park City Council Minutes (4) January 25, 1994 Parks & Recreation CoiiTctission Appuixituent (1 year to tra) - N6yor Reilly expre55ed appreciation for David ©'Brien's fourteen years of service on the Parks and Recreation Commission with expiring term on December 31, 1993. The Mayor said upon review of the several well qualified applicants for this Commission, he chose Susan Allred as his nomination. Mayor Reilly reviewed Ms. Allred's background qualifi- cations as a mother of four children and introduced her to Council. Susan Allred, 4777 Fairway Drive, responded to Mayor Reilly's introduction that she appreciated this opportunity to serve the community and looked forward to working with the Parks and Recreation Commission. Upon motion by Mayor Reilly, seconded by Councilman Hollingsworth, and unanimously approved, Susan Heath Allred was appointed to the Parks and Recreation Commission for the designated one year term to expire December 31, 1994. Mountain Shadows Golf Resort letter request for policy changes: City Manager Netter referenced this letter dated January 10, 1994, as reviewed in the Council Nbeting Memo, requesting two procedure changes at the Mountain Shadows golf courses as follows: 1) tee off time policy; and 2) pre -paid green fee system for weekends and holidays. Nark Flowers, General Manager of Mountain Shadows Golf Resort, distributed to Council an additional letter dated January 25, 1994 regarding peak hour rates and pre -paid system. He reviewed contents therein pertaining to the statistical information that would hopefully enable making sound business decisions on the new operational procedures at Nbuntain Shadows, and responded to various Council questions. City Manager Netter also responded to Council questions confirming staff concerns related to taking benefits away from resident golfers. Discussion concluded in Council concurrence not to support the proposed development of preferential tee times for non - resident golfers, but that Nark Flowers, General Manager of Nbuntain Shadows should give further consideration to revised recommendations that could accommodate local hotel reservation needs without jeopardizing resident benefits, and bring the matter back later on another Council agenda, if he is interested in doing so. Upon motion by Councilwoman Spiro, seconded by Councilman Hollingsworth, the pre -paid green fee system for weekends and holidays as proposed, conditional upon working with City staff on the develop- ment of a rain check or refund procedure for the "no shows" whose spots are filled and paid by another golfer, was unanimously approved. Six month financial review /update - Finance Director Harrow shared highlights of his inter - office memorandum dated January 19, 1994 summarizing the results of operations for the City's first six months of the fiscal year ending December 31st, 1993 including comments reviewed in the Council Meeting Memo. He confirmed that the City has received approximately 50.64% of budgeted revenues from general and utility funds, and that expenditures represent approximately 49.29% of budget appropriations. Rohnert Park City Council Minutes (5) January 25, 1994 Councilman Hollingsworth - Councilman Hollingsworth left the Chamber at approximately 7:30 p.m. leaves City Manager Netter and Finance Director Harrow responded to various Council questions pertaining to the six month financial report. Council agreed to respond to Councilwoman Gallagher's request to consider increasing the Council meeting attendance budget, at this time, as well as setting date and time for Council budget reviews which was scheduled later on the agenda under City Manager's Report. Councilman Hollingsworth - Councilman Hollingsworth returned to the Chamber at approximately returns 7:34 p.m. Following discussion, Council agreed, with the exception of Councilwoman Gallagher, that it would be unfruitful to have early budget reviews prior to receipt of necessary information from the state relative to budget matters, and therefore would proceed with budget reviews in mid -May, as previously done in years past. Discussion included supportive comments by Councilwoman Spiro regarding the importance of educational benefits for Councilmembers in attending certain conferences /meetings. Councilwoman Gallagher recommended that the Council meeting attendance budget be compared to other cities as she thought Rohnert Park's budget would be low comparatively and newer Councilmembers needed the educational opportunities provided by such conferences and meetings. Councilman Eck said he had only used a very small portion of the meeting attendance budget and usually covered his own expenses, especially for local meetings. He offered his portion to be used by others, if necessary. Discussion concluded in a motion by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, to live within the budget previously set by Council for Council meeting attendance expenditures. *CORRECTION from 2/8/94 Council meeting: add the words "to share part of" his portion Deloitte & Touche - External Auditors' review of Appropriations Limitation Computa- tion for 1992 -93 - City Manager Netter explained this report as reviewed in the Council Nbeting Memo. A motion was made by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, to accept and file the above- reviewed report, as recommended by staff. State Local Transportation Partnership Program/Deloitte & Touche Final Audit Report for 1992 -93 - City Manager Netter explained this report as reviewed in the Council Meeting Memo. A motion was made by Councilwoman Spiro, seconded by Councilman Hollingsworth, and unanimously approved, to accept and file the above - reviewed report, as recommended by staff. Rohnert Park City Council Minutes (5) January 25, 1994 Crane Melon Festival Financial Report - Beth Jeffcoat, Executive Director of the Crane Melon Festival, distributed to Council copies of financial reports for two fic::al years ending June 31, 1993. She shared contents therein and responded to Council questions. Discussion included Council appreciation to Ms. Jeffcoat for providing the financial report as requested at a previous Council meeting. Councilwomen Gallagher signified a motion requesting the Crane Melon financial report for the remainder of 1993, when available. Said motion died for lack of a second. Concluding corments by Councilman Eck expressed further appreciation for the Crane Melon report in order to give Council an idea of its activities, but there should be no reason for Council to inquire about additional particulars. The remaining Councilmembers agreed that the information provided tonight from Crane Melon was sufficient, and no further financial report for the remainder of 1993 would be necessary. RECESS Mayor Reilly declared a recess at approximately 7:52 p.m. RECONVENE Mayor Reilly reconvened the Council meeting at approximately 8:00 p.m. with all Councilmembers present. Parks and Recreation Commission letter from Chairmen requesting authorization to increase budget for travel /meetings - City Manager Netter shared contents of this letter as reviewed in the Council meeting memo. He said staff recommends approval of the additional $1,500 which would allow all the Commissioners, especially the new Commissioners, to attend the California Parks and Recreation Society's annual conference. Upon motion by Councilman Eck, seconded by Councilman Hollingsworth, authorizing the additional $1,500 for the Parks and Recreation Commission travel /meetings budget, was unanimously approved. Sonoma County Grand Jury Report 1993 - City Manager Netter explained that the City received the Sonoma County Grand Jury Report 1993 on January 20, 1994 and shared comments as reviewed in the Council Meeting Memo. Out of eight matters discussed, only two require responses from the Rohnert Park City Council /City Manager. One has to do with competitive bidding by local governments for garbage collection services and the other is regarding the need for the local Police Department to improve procedures for handling citizen complaints. The Council should review these sections and provide appropriate comments for a response. The City Manager will be drafting a response under these sections for Council's review prior to the deadline for submitting formal responses to the presiding Judge of the Superior Court. The City has ninety (90) days to respond. Sonoma County Volunteer Center - Rohnert Park satellite location proposal: City Manager Netter advised that Karen Johnson of Sonoma County Volunteer Center had a conflict in schedule and was unable to attend tonight's Council meeting. A motion was made by Councilman Hollingsworth, seconded by Councilwoman Gallagher, to defer this item to the next Council meeting when Karen Johnson is available to respond to Council questions, was unanimously approved. Rohnert Park City Council Minutes (7) January 25, 1994 Emergency Plan & Emergency Preparedness: Fire Services Commander Jack Shields shared contents of staff report dated January 20, 1994 regarding 1) the City's Emergency Preparedness Plan and 2) Senior Center and Mobile Home Parks. He responded to Council questions confirming that the Department of Public Safety is in the process of rewriting the entire plan due to changes in the County Plan, which is also being rewritten, and changes in the State Office of Emergency Services regulations. The City plan is tied in directly to the County and State Disaster Plans.* *CORRECTION from 2/8/94 Council meeting: Include Council agreement to consider a "mobile medical unit" Discussion included a motion by Councilman Hollingsworth, seconded by in the next Councilwoman Spiro, and unanimously approved, directing City Attorney budget reviews and City Manager to prepare an ordinance for Council's consideration per Councilwoman that would prevent overcharging (price gouging) for necessities Spiro's review during disasters. of discussion with Dan Nicholas of The Department of Public Safety is currently in the process of trying the County of to work with the mobile home parks and owners to make the club house Sonoma. some type of emergency shelter. In response to Council concerns about mobile homes being on pods and can be fairly easily tilted off, Commander Shields said there are some companies now offering earth quake proofing, systems specifi -cally for the special conditions related to mobile homes. Department of Public Works /City Engineer Brust pointed out that mobile home parks are regulated by the state and not the city. Councilman Eck said, however, the City can encourage mobile home owners to retrofit with such earthquake proofing systems. Fireworks Stands /Permitting Program: City Manager Netter said Council had previously requested staff to research a policy that would curtail outside vendors from coming into Rohnert Park to sell fireworks. He reviewed the staff report regarding temporary use permits for 4th of July fireworks stands including recommendation to check with the City Attorney to determine if the city can limit the fireworks booths to Rohnert Park non - profit organizations. City Attorney Flitner responded he would have to do further research on this before giving an affirmative answer because of concerns related to the discrimination protection argument. Discussion followed. Katherine Collins, 828 Lilac Way, recommended requesting the business owners to only permit only the local non - profit groups when working out agreements for the fireworks stands at the various business locations. Speaking for herself, Ms. Collins said she would be more than happy to do that. Dennis Patterson, 415 Portal Street, Cotati, said most of the local charities put funds back into the local needs supported by the residents. Non -local vendors should be eliminated or restricted in order to encourage local charities sales for the benefit of local organizations and citizens. He said there is no difference in this situation and the resident/ non - resident fees at Mountain Shadows. Rohnert Park City Council Minutes (B) January 25, 1994 Lewis Kuehm, 1406 Gregory Court, representing the Optimist Club, confirmed they had a fireworks booth last year. He shared information from a roster list signifying a total of 15 locations in Rohnert Park for fireworks stands of which 11 were local groups and 4 were not from Rohnert Park. Mr. Kuehm pointed out that he did not know the history of prior years but did know that some of the local groups, like theirs, depend upon the fireworks sales as the major fundraiser for the year. If this is hampered, the local groups will not be able to do the charitable work they are accustomed to doing. He requested Council to take whatever action possible to protect the local efforts but remain sensitive to the discrimination issue. Discussion concluded in Council concurrence for City Manager to work with the Chamber of Commerce in putting out the word, per above resident suggestion, that businesses specify local non - profit groups in agreements for fireworks stands. Mayor Reilly consented to a request from the audience to announce a non- agendaed item at this time. Japanese Cultural Festival - Ron Rasmussen, 530 Arlen Drive, representing the Rohnert Park Sister Cities Committee distributed formal invitations to the City Council to attend the 4th Annual Japanese Cultural Festival at the Rohnert Park Community Center on Saturday, February 5th, 1994 from 11:00 a.m. to 4:00 p.m. He further invited the Mayor to participate in the annual Kagami- biraki (Sake Barrel Breaking) at noon as part of the celebration of this special festival. Underground Storage Tanks: 1. Regional Quality Control Board meeting - Director of Public Works /City Engineer Brust referenced this meeting notice with related attachments scheduled for Thursday, January 27th, 1994 at 9:00 a.m. in the North Coast Regional Board Meeting Room, 5550 Skylane Boulevard, Suite A, Santa Rosa, Ca. He signified that the meeting would cover the issue related to underground storage tanks and explained that, currently, definitions are utilized in the Water Quality Code because of not being in the Basin Plan. He reviewed concerns related to certain shallow qround waters and not allowing_ use of amroximately 25' if the referenced Water Codes are not used. Mr. Brust said he may have the opportunity to speak at this meeting and would be trying to encourage adoption of language into the Basin Plan that would give the Water Quality Board the ability to refer to the plan. 2. Environmental Resource Council (ERC) - Director of Public Works /City Engineer Brust updated the Council on this item. He said Senator Thompson had scheduled a meeting tomorrow to discuss amending the underground tank law. Mr. Brunt said that he and the Chairman of the Toxic Committee have been requested to attend and they planned to review legislation the Senator is proposing for the underground tank issue. It should be a very productive session. City Engineer Brust said a work shop for this purpose will be held in Rohnert Park at the Recreation Community Rohnert Park City Council Minutes (9) January 25, 1994 Center from 12:00 noon until 5:00 p.m. on Thursday, May 12th, 1994. A preliminary evening meeting is also planned on Thursday, March 10th, 1994 for an anticipated number of about 50 people. City Manager Netter requested Council's authorization to waive facility use fees for these meetings, as well as authorization for W. Brust to attend the referenced Senator Thompson's meeting. Discussion followed. A motion was made by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, authorizing waiver of facility fees for use of the Community Center for the ERC meetings /workshops on March 10 and May 12th, 1994. A motion was made by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, authorizing Director of Public Works /City Engineer Brust to attend Senator Thompson's legislative meeting to discuss underground tank law on January 26, 1994 and authorizing Mr. Brust to speak as representative on behalf of the City and the Environmental Resource Council (ERC) of which the City is a member. 3. City of Rohnert Park Underground Fuel Tank Program - Removal of City tanks - Project No. 1989 -5 - Director of Public Works /City Engineer Brust updated the Council on the City's underground storage tank removal program with anticipated costs and budgets. He reviewed contents of the staff report and responded to various Council questions confirming recommendation of a contract to remove the tanks for an estimated amount of $30,000, as well as providing an underground tank clean up proposal with Rohnert Park expenditure of approximately $50,000. Discussion included a motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, to proceed with the removal of City underground fuel tanks, as recommended by staff, including proceeding with the plan and budgeting process and priority item for the 1994 budget set at $50,000 per fiscal year. Sound System Improvements at Performing Arts Center: City Manager Netter referenced staff report and Council Meeting Nbmo reviewing this item pertaining to 1) $3,500 donation from Rohnert Park Theatre Guild for the installation and improvement of upgraded sound equipment at the Performing Arts Center and 2) staff recommendation for Council authorization to supplement additional funds to supply the center with the appropriate sound equipment not to exceed $4,200, with the expectation that the funds would be reimbursed from the Theatre Guild following the 1994 Follies. Judy Sotak, 1458 Warrington Road, Santa Rosa, Ca., reviewed the past and projected proceeds from the Follies confirming the commitment of the Rohnert Park Theatre Guild to cover the remaining balance for the cost of the new sound system improvements. She confirmed the request for Council to front the additional amount. Ms. Sotak said the next Follies will be from May 19th to 22nd, 1994. She hoped all the Councilmembers would be involved and reminded participants to set aside two weeks in advance of May 19th for rehearsals. Discussion included a motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, to accept the $3,500 donation and to front the additional funds for the sound system improvements at the Performing Arts Center, as requested. Rohnert Park City Council Minutes (10) January 25, 1994 Council Committee Reports: 1. Mobile Home Rent Appeals Board - Survey Proposal - Councilman Eck referenced letter presented at the previous Council meeting dated January 4, 1994 from Stephen D. Lewis, Professor of Economics, Sonoma State University regarding this survey proposal. The Council Committee, comprised of Councilman Eck and Mayor Reilly, staff and Professor Lewis met yesterday afternoon, Monday, January 24th, to discuss the proposal for an owner and resident survey. Councilman Eck reviewed the meeting discussion and said the City might gain an edge from determinations and findings of survey results of the status of the items listed in the above - referenced letter. For instance, the analysis of rent control simulations would include Ordinance 494, Sonoma County Ordinance and San Rafael Ordinance compared with survey results. Discussion concluded in a motion by Councilman Eck, seconded by Mayor Reilly, and unanimously approved, to proceed with the survey for mobile home parks by Sonoma State University as proposed. 2. Senior Citizen Advisory Commission - Council Committee Member Spiro shared concerns expressed by the seniors regarding their involvement with the City, how mach they do in order to support the City, and various activities and efforts at the Senior Center that provides City support. Apparently, not enough credit is given to the seniors for their funding efforts back to the City. Many of the seniors have expressed the desire to relay the message that they are not takers, but givers in the comnmity. Councilwoman Spiro suggested a quarterly or six month report for recognition of the efforts of the seniors. Ms. Spiro also mentioned an incident following an exercise session at the Senior Center when provisions, i.e. blankets, were not available when needed. The Senior Center has since been properly supplied but Ms. Spiro requested staff to make sure such supplies are provided in other City buildings where aerobic type activities are encouraged. Councilwoman Spiro concluded her report advising that a month in the near future is being designated as Older American Month and suggested preparation of a resolution commending older Americans. A motion was made by Councilman. Eck, seconded by Councilwoman Spiro, and unanimously approved, to draft a resolution commending older Americans for Council consideration at its appropriate regular meeting. 3. Conceptual Community Separator Plan - Councilman. Eck distributed report with attached map regarding Aquifer & Wetlands Storage Capacities in the context of the Conceptual Community Separator Plan for Management of Santa Rosa's Wastewater Resource which was prepared by Alan Strachan for distribution to the Sonoma County Vernal Pool Task Force on January 19, 1994. Councilman Eck said this was a very good presen- tation that basically fits in with Rohnert Park's community separator plan. He requested Council to review the referenced Santa Rosa plan for further consideration and discussion at the next Council meeting. Rohnert Park City Council Minutes (11) January 25, 1994 4. Section "C" Town Hall meeting by Councilwoman Gallagher - Councilwoman Gallagher confirmed that the Town Hall meeting for Section "C" was one she arranged separately from the rest of the Council because of requests from Section "C" residents. She said it would be held at 7:00 p.m. on Friday, January 28th, 1994 and extended invitation to the Council. Ms. Gallagher said Officer Jones had accepted her invitation to review the Neighborhood Watch program and she had also invited the Public Safety Director Councilman Eck said he thought the idea of Councilwoman Gallagher sponsoring her own town hall meeting is very good, but questioned the logic of requesting staff participation. He said there is a real risk in us getting involved in sponsoring our own town hall meetings and it needs to be very clear that for staff to participate, it is strictly an option. Council has to be very cautious about how it directs such requests, especially around election time. City Manager Netter said he did not want staff to be put in the position of responding to such individual Councilmember invitations and requested full Council direction regarding the matter. Councilwoman Gallagher said her intention was to extend friendly invitations both to staff and Council to let them know they were welcome to attend the town hall meeting this coming Friday. She said Officer Jones had signified his interest and availability to participate whether or not the Public Safety Director or the City Manager were able to work out their schedules to to be able to participate. Councilman Eck said the full Council has been preparing for and considering another Town Hall Meeting specifically for Section "C" in the near future and thought that changes the rules of the game, especially on how to approach staff for a commitment of time for participation. He thought it was inappropriate to ask staff directly, especially below the City Manager's position, to attend such meetings without the full Council's consideration and direction. Councilwoman Gallagher said, for the record, that we would never go through this kind of confusion if this request were made by any other Councilmember. Discussion followed during which Councilman Eck further commended Councilwoman Gallagher's efforts toward separate community meetings, but thought it was inappropriate to put pressure on staff to participate. He made comparison to similar type meetings by former Councilman Cochran, but he did not utilize staff. Councilman Hollingsworth said he would like to remind everyone that we have a town hall meeting every second and fourth Tuesday of the month and at times hold additional town hall meetings. He did not think this Council distances itself from the public and the public has access to to communicate with the entire Council. If Councilwoman Gallagher wants to remain a member of the City Council, she should act accordingly and should not put staff in these precarious situations. Discussion included comments by Mayor Reilly that January 28 was not a good date for him to attend a Town Hall Meeting, even though no one had asked him about it. He said he could not attend the January 28 meeting but would be able to attend one in February and would be Rohnert Park City Council Minutes (12) January 25, 1994 willing to direct whatever staff is necessary for the February Town Hall Meeting. Mayor Reilly clarified that if Public Safety Director Rooney, Officer Jones or City Manager Netter participate in the January 28 Town Hall meeting that is their choice, but they will each be doing it on their own and not at the direction of the Council. Discussion concluded in Council concurrence to set the date for a Town Hall Meeting for Section "C" on Thursday, February 24th, 1994, at 7;00 p.m. at the Rohnert Park Conrunity Center on Snyder Lane. Greenbelt Alliance - Letter from City of Sonoma - Assistant City Manager Leivo referenced this letter dated December 16, 1993 to the Greenbelt Alliance which Councilman. Eck requested at the previous Council meeting to place this item on the next Council agenda for consideration of drafting a similar green belt alliance for Rohnert Park. Mr. Leivo shared communications with Margaret Sohagi, Legal Counsel for the City's sphere of influence. She points out that that the City has authority only within its boundaries and the City has no authority to deal with any zoning decisions outside its sphere of influence as such decisions are in the hands of the County Board of Supervisors. Legal Counsel raises the question that if the City gets into this, it may be putting the City in the position of risk and there could be a liability for the jurisdiction that takes that position. This is not to say that encouraging activities by the Open Space District for community separators should not be pursued, but let them take the risk. These issues will be discussed by the Planning Commission through the General Plan process. This refers to use of the term "planning area" in the law but the Green Belt Alliance is doing something different which would give the implication that the City would be looking at development outside of the city limits. Discussion followed related to comrunity City locking itself potential for growth, during which Council shared varied concerns separator needs versus the possibilities of the into conditions that would prevent any future housing, jobs, etc. Jake Mackenzie and Barbara Mackenzie, 1536 Gladstone Way, confirmed support of the Greenbelt Alliance which is a complex issue and involves the City's General Plan Update process in which they have also been engaged. They shared reasons for requesting the City Council to consider placing an Urban Growth Boundary ordinance on the November 1994 Election Ballot. The purpose of the ordinance would be to formulate a method to determine the urban growth boundary to be in place for 20 years and be consistent with the General Plan. The Greenbelt Alliance works with cities throughout the County in the hopes of communicating the concerns surrounding this issue in a friendly and cooperative manner which is the reason for the movement toward putting these things on the ballot. Since the General Plan is currently in an uncertain state, they advised that it is time to raise this issue with the citizens. It is definitely on the minds of the citizens and on the front of concerns with the County. This still provides a window of opportunity without getting into the petition process. Rohnert Park City Council Minutes (13) January 25, 1994 Further discussion ensued pertaining to the various complexities related to this issue including ABAG housing requirements and growth boundary impacts. Councilman Eck said he brought this item up as sort of a generic letter signifying long range planning and he was not nervous with the concept. If the Council did not unanimously support the idea, it would not be necessary to write the letter and he could simply write his own letter supporting the concept. Discussion concluded in a motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, was approved with Councilwoman Gallagher dissenting, to proceed with the letter of support as signified in the City of Sonoma letter to Greenbelt Alliance but to omit the sentence referencing the "goal" to create urban growth boundaries, conditional upon Councilman Hollingsworth's review of the letter before mailing. Councilman Hollingsworth - Councilman Hollingsworth left the chamber at approximately 9:42 p.m. leaves & and returned at approximately 9:45 p.m. during review of first returns comnuzication item below. Comnunications- Communication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1. Councilwoman. Spiro referenced item #5 on communications from Deborah Colyer regarding employee concerns related to the local Pacific Bell telephone company moving to Sacramento the first of April. She said the letter points out that this move affects about 300 local employees and asked if a letter could be prepared over the Mayor's signature addressing the concerns. Discussion concluded in Council concurrence that a letter should be written to Pacific Bell asking why they were leaving and recommending some sort of public notice or announcement in the local newspaper so employees and others in the community that would be affected by the move could be more prepared. 2. Councilwoman Gallagher recommended a letter be sent to Dorothy Rohnert Spreckels advising her of Council's action at the previous Council meeting to submit her recent unrestricted $20,000 donation to the Performing Arts Center endowment fund. City Manager Netter explained concerns regarding Ms. Spreckels notation signifying her unrestricted donation with Council's action to deposit it into the Endowment Account and said he would be contacting Mrs. Spreckels for clarification. 3. Mayor Reilly referenced item #7 on communications from the City of Sonoma requesting support of Mayor Cermk's application to ABAG for temporary assignment to the Legislative Governmental Organization Committee which is reviewing regional government legislation. Upon motion by Councilman Eck, seconded by Councilwoman Gallagher, with Councilman Hollingsworth dissenting, to prepare a letter over the Mayor's signature supporting City of Sonoma Mayor Cermak's application to ABAG for assignment to the Legislative Governmental organization Committee, as requested, was approved. Rohnert Park City Council Minutes (14) January 25, 1994 4. City Manager Netter referenced item #2 on communication from Director of Public Safety Rooney with attachments regarding Bicycle Helmet Laws. City Manager said this matter related to a recent accident and staff wanted to be sure Council is aware of standard procedures regarding staff response to the incident including comTmications responding to the citizen involved. City Manager's report: 1. Sports Center Open Gym Resident Proof - City Manager Netter shared contents of staff report regarding this item as reviewed in the Council NLeeting MLmo explaining the complications dealing with resident versus non- resident fees. Discussion concluded in a motion by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, to proceed with the requirement of residency cards at the Peter M. Callinan Sports Center, similar to resident golfing requirements, as recommended by staff, including the posting of signs that the use of foul language and /or harassing behavior would be reported to the Department of Public Safety for handling. 2. Setting date & time for Council budget reviews - This item was handled earlier during tonight's meeting with Council conclusion that early budget reviews would not be necessary this year, but to wait for necessary information from the State and proceed with budget reviews in early or mid -May, as has been done in past years. 3. Call Out Pay /City Vehicle Use for Department of Public Safety Lieutenants - City Manager Netter explained this item, as reviewed in the Council Meeting Memo, regarding staff recommendation to add to the benefits of the lieutenants (non - represented employees) a call out provision for fires or special assignment duties and that the policy change be retroactive to October 1, 1993. This would only include critical incidents such as a major structure fire or homicide case and would have to be approved by the Director of Public Safety and the City Manager. The second issue pertained to City vehicle use, as reviewed, for leeway to the lieutenants within the four mile radius, Upon motion by Councilwoman Spiro, seconded by Councilman Hollingsworth, the call out pay for Department of Public Safety Lieutenants, as recommended by staff, was unanimously approved. Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, City vehicle use for Department of Public Safety Lieutenants for leeway within the four mile radius of the Public Safety facility, as recommended by staff, was unanimously approved. 4. Town Hall Meeting in Section "C" - select date - This item was handled previously during this meeting signifying Council direction for the Section "C" Town Hall Meeting to be held on Thursday, February 24, 1994 at 7:00 p.m. at the Rohnert Park ComYunity Center on Snyder Lane. 5. Update on Stadium proposal - City Manager Netter referenced communications provided to Council related to this item and said this update on the stadium proposals would be deferred to the next regular City Council meeting of February 8, 1994. Rohnert Park City Council Minutes (15) January 25, 1994 6. Donation to Public Safety Dept. from Ellen DeMartini - referenced staff report dated January 16 attachments pertaining to this donation in the Council's information. City Manager Netter 1994 with various amount of $10,000 for 7. Racquetball use by City employees - City Manager Netter shared contents of staff report regarding this item as reviewed in the Council Meeting Memo. City Manager recommends allowing City employees free use of the racquetball courts Monday through Friday between the hours of 10:00 a.m, and 2:00 p.m. with conditions as follows: 1) when the courts are available; 2) 24 hour advance reservation privileges only; 3) 6 month trial basis; and 4) subject to change if determined that it impacts the local citizenry. Council concurred. 8. Free Compost available through Joint Powers Authority (JPA) - City Manager Netter stated that free compost is available to the City. 9. Planning Commission Draft Housing Element - City Manager Netter asked if the City should send the Planning Commission Draft Housing Element outline regarding related factors and the question is whether or not to send it on to the state for comments. Mr. Leivo responded to various Council questions and explained that the state staff has encouraged the.City to submit the draft of the housing element more than once City Manager Netter further explained that the draft would go through the Planning Commission prior to sending it to the state for comments. Upon motion made by Councilman Hollingsworth, seconded by Councilwoman Spiro, to send the above - reviewed draft to the state for comments following review by the Planning Commission, as recommended by staff, was unanimously approved. City Attorney's report: 1. Ethics & Code of Conduct Draft - City Attorney Flitner referenced this draft dis- tributed to Council and said he thought Council should consider contacting him on setting a public hearing for citizen input. A motion was made by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, to defer this matter as a separate agenda item to the next Council meeting of February 8, 1994. 2. No More Garbage in Pittsburg Committee v. Lillian Pride,et.al.- request for amicus support - City Attorney Flitner reviewed letter dated December 20, 1993 from Attorney Michael R. Woods, Sonoma, Ca. regarding this request for amicus support. Mr. Flitner said this was a moot situation now because the election was already held, but it had to do with an initiative circulated in the City of Pittsburg and the City Clerk's refusal to certify as valid data, two sets of referendum petitions which sought to referend a general plan amendment and zoning ordinance amendment for a solid waste recycling center and transfer station. Discussion concluded in a motion by Councilwoman Gallagher, seconded by Councilman Hollingsworth, and unanimously approved, not to join in the above - reviewed amicus brief. Rohnert Park City Council Minutes (16) January 25, 1994 EXTEND COUNCIL MEETING - Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, with Mayor Reilly dissenting and Councilman Hollingsworth signifying that he would leave at 10:15 p.m., to extend the Council meeting in order to finish agenda items, was approved. Matters from/for Council: 1. Business Recognition Program - Mayor Reilly encouraged promoting a program that would extend appreciation and recognition to the local businesses. Councilman Eck responded that arrangements could probably be made for door prizes to be donated. Assistant City Manager Leivo responded that he would be attending the next meeting of the Chamber of Commerce Board of Directors and the message would be relayed. 2. Self Insurance Dental Program and Consultant Review - Councilwoman Gallagher shared concerns regarding the City's dental program related to the privacy of her dental charts and disapproval of a second consultant. City Manager Netter explained the need for the second consultant as a requirement for the City's self - insured program and reviewed the qualifications of Dr. Davis, who has been doing the service for the City for over 20 years. Dr. Davis reviews approximately 600 to 700 cases annually,and, therefore, the cost to the City is minimal at an estimated $2 per case. City Manager said there have been no complaints and the second review is necessary in order to protect the City's interests. Councilwoman Gallagher said because Dr. Davis is no longer a practicing dentist, she thought the City should obtain another consultant. Mayor Reilly said staff's presentation regarding Dr. Davis' qualifications were quite satisfactory and sufficient to continue with his services as the consultant. Councilman Eck responded that if another consultant offers to do the job for less, then the City could consider such an offer. 3. Council Meeting Agenda times - Councilman Eck expressed concerns related to excessive amounts of time for Council discussion of agenda items. He recommended putting a time limit, such as 5 minutes, for individual Council comments of each item. Councilman Eck also suggested another half an hour of Council meeting time could be obtained by moving the closed session to the end of Council meetings. Discussion included withdrawal of a motion by Councilman Eck, seconded by Councilman Hollingsworth to limit Council discussions, due to Councilwoman Spiro's objection. Councilman Eck responded he would start calling for the question. Councilwoman Spiro said it might be a good idea to have the City Attorney give a report on the rules of debate procedures. Councilman Eck said the League of California Cities some- times publishes small related articles on the Brown Act. 4. School complaints /smoking at west fence - Councilman Hollingsworth said he has received complaints pertaining to smoking students sitting on the west fence at the High School, which property to the west belongs to the City. He requested this item to be placed on the next agenda declaring the City -owned landscaped area along the west fence at the High School a non - smoking area. Rohnert Park City Council Minutes (17) January 25, 1994 5. Format for presentation of City bills - Councilwoman Gallagher expressed her preference for use of the previous format with more complete descrip- tion for presentation of bills for Council's review prior to approval. City Manager Netter explained that the previous report actually provided a better description, but the system sometimes combined two or three payments into one on the printed report with only the first item described. Council agreed to leave the format for the bills to staff's discretion. 6. Agendas to Community Voice - Councilwoman Gallagher requested that meeting agendas be made available to the Community Voice for publication of draft agendas in the newspaper prior to Council meetings. City Manager Netter responded that he has discussed this matter with Voice representatives and they said the agenda would have to be ready by Monday before the Wednesday edition was to be published. Under the current system, it is not possible to have a draft agenda prepared for the Monday deadline, since most of the agenda items are not available for the City Manager's review until the City's noon deadline on Tuesday. City Manager Netter indicated he would contact the Comm u.ity Voice to see if they could change their deadline date or reinstitute a Saturday paper which would then facilitate publication of the agenda. Councilman Hollingsworth- Councilman Hollingsworth left the meeting at approximately 10:17 p.m. leaves Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an Appearance appearance at this time. Linda Branscomb, 21 Anne, referenced her speaker card request asking if the Council is removing Planning Commission input from the Housing Element by sending the response to the state, or is this just to obtain input more quickly. The Mayor responded that the referenced draft would be reviewed by the Planning Commission prior to sending it to the state. Adjournment Mayor Reilly adjourned the meeting at approximately 10:18 p.m. W440 " , ZI 50A IN I- .4m E y C' Cler jh