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1994/02/08 City Council MinutesRohnert Park City Council Minutes February 8, 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 Come-rce Boulevard, Rohnert Park, with Mayor Pro- Tempore Eck presiding. CALL TO ORDER -Mayor Pro- Tempore Eck called the regular session to order at approximately 6:20 p.m. and led the pledge of allegiance. Mayor Pro- Terrpore Eck advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters as listed on the agenda attachment and one personnel matter related to the Department of Public Safety. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (3) Councilmembers Gallagher, Spiro and Mayor Pro- Terrpore Eck Absent: (2) Councilman Hollingsworth and Mayor Reilly (both due to conflicting meeting schedules) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Director of Public Works /City Engineer Brust and Director of Recreation Pekkain. Approval Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, of with two corrections (1) by Councilwoman Spiro on page 7 under Minutes Emergency Preparedness to include Council agreement to consider a "mobile medical unit" in the next budget reviews per Councilwoman Spiro's review of discussion with Dan Nicholas of the County of Sonoma, and (2) by Councilman Eck in middle of page 5 regarding Council travel /meeting funds, add that he offered "to share part of" his portion, the minutes of January 25, 1994 were unanimously approved as amended. Approval Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, of City bills presented per the attached list in the amount of Bills $744,922.83 were unanimously approved. Non - agendaed Mayor Pro - Tempore Eck queried if any Councilmember had any non - matters agendaed items to add to the agenda. All three present Councilmembers signified several miscellaneous items to add. City Manager Netter also said he had a few miscellaneous items. Unscheduled Mayor Pro - Tempore Eck stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a comment may do so at this time. Appearances Under 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. Rohnert Park City Council Minutes (2) February 8, 1994 Rebecca Dwmn, 260 Petaluma Avcnue, Sebastopol, Ca. and Jim Sinn -nds, 2:12 Olivet Lane, Sebastopol, Ca., signified representing the Coalition for a Rape -Free ConT pity. Ms. Dwan shared contents of letter dated January 28, 1994 with attached resolution sample requesting Council's consideration of adopting a similar resolution declaring Valentine's Day as Violence Awareness Day 1994. EMERGENCY Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, ITEM and unanimous approved, due to the timing of Valentine's Day next week DECLARED and because the next regular City Council meeting would not be until after the date of this occasion, consideration of the resolution declaring Valentine's Day as Violence Awareness Day, was declared an emergency item. Resolution A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK DECLARING No.94 -26 VALENTINE'S DAY 1994 AS VIOLENCE AWARENESS DAY Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved, with Councilman Hollingsworth and Mayor Reilly absent, Resolution No. 94 -26 was adopted by title in concept subject to minor revisions in the wording of the sample resolution to be clarified by Council directive to staff for preparation. Mayor Pro- Tempore Eck said the Mayors' and Councilmembers' Association is trying to establish some kind of countywide task force that would include this type of concern. He suggested such information be provided to the Executive Committee by concerned citizens /groups with adequate lead time of one to two months to enable consistent efforts. C O N S E N T C A L E N D A R Mayor Pro-Ten-pore Eck 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 it would be necessary to pull Resolution No. 94 -24 from the Consent Calendar as the City Attorney was still in the process of comminicating with the representing attorneys regarding certain modifications 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. Resolution: No.94 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK TO DAVID V. O'BRIEN (for 14 years of service on the Parks and Recreation Commission) Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, with the exception of Resolution No. 94 -24 and with Councilman Hollingsworth and Mayor Reilly absent, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes (3) February 8, 1994 Resolution A RESOLUTION AWARDING CONTRACT OF THE MAINTENANCE OF LANDSCAPING IN No.94 -25 THE CITY OF ROHNERT PARK (to Redwood Landscaping) City Manager Netter explained the resolution for consideration and responded to Council questions. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved with Councilman Hollingsworth and Mayor Reilly absent, reading of Resolution No. 94 -25 was waived and said resolution was adopted. Ordinance for introduction - Adding Section 8.32.062 to Article 2 of Chapter 8.32 to Prohibit Smoking in Certain Designated Unenclosed Public Places - Following discussion, Council concurred to defer this item to the next meeting for full Council consideration. Council also requested City Attorney to check into site specific possibilities and reduced footage. Scheduled Public Appearances: 1. Rick Lear, 1386 SW Blvd., said he would like to change topics from the one listed on the agenda as his questions regarding City Council benefits had been answered satisfactorily. Mayor Pro- Tempore Eck consented to the change, as requested, and said the item would be switched to an unscheduled public appearance. W. Lear shared concerns related to building repairs needed on his home and asked about the job descrip- tion and authority of the City's Building Inspector to communicate with landlords and enforce building codes. Mayor Pro- Tempore Eck responded that the City has been through this many times and said the City has to tread very lightly with matters involving private property. He said procedures can be taken through abandonment and abatement proceedings but, if entered into, is not a quick process. City Manager Netter and Director of Public Works /City Engineer Brust further explained procedures including the need to establish whether or not a building is involved in a code violation. Confirmation was given that the City's Building Inspector does not have police authority to make a property owner comply, but that the City Council, through abatement proceedings, can work on the problem. W. Brust said he would follow up on the inspection with report that could provide a tool for enforcement purposes if it should get into abate- ment proceedings. However, usually during preliminary efforts, concerns are resolved between owners and renters. 2. Lisa Frey, 7291 Corinth Court, shared results of Town Hall Meeting held on Friday, January 28th, 1994. She distributed to Council a list of attendees with issues and concerns compiled from speaker cards submitted at the meeting and said the list had also been provided to both the Press Democrat and Community Voice newspapers. Ms. Frey pointed out that the main concerns expressed were related to various problems resulting from gatherings of young people. She said the residents signified appreciation for such Town Hall meetings and for the opportunity of Rohnert Park City Council Minutes (4) February 8, 1994 commmications with Officer Larry Jones regarding the possibility of establishing a "C" Section neighborhood watch program with hopes toward holding the first neighborhood watch meeting in March. Ms. Frey said it was hoped that an overall synchronized effort could be made to implement neighborhood watches throughout the comtunity for more effectiveness as conpared to piece- mealing. She expressed further appreciation for the additional "C" Section Town Hall Meeting scheduled February 24th, 1994. Mayor Pro- Tempore Eck confirmed the referenced "C" Section Town Hall Nbeting had been scheduled by the full Council at the Comnanity Center at 7:00 p.m. on Thursday, February 24th, 1994. He said this meeting would be open to the entire community. Councilwoman Gallagher said she would like to publicly acknowledge Jim Park, Imager of Youth and Family Services, for the good job he did reporting at the January 28th "C" Section Town Hall meeting. Volunteer Center of Sonoma County - proposal to locate a satellite to Rohnert Park - City Manager Netter updated the Council on the potential location staff has identified for this proposal with the plan for joint use, with the seniors, of the COYF Center adjacent to the Senior Center, He referenced the staff report dated January 24, 1994 summarizing the attached two options for this proposal offered by the Volunteer Center of Sonoma County for Council's consideration. Karen Johnson, Executive Director, Volunteer Center of Sonoma County, confirmed the summary of the options as presented and expressed appreciation for this opportunity for Council's consideration of the proposal options. She responded to Council inquiry that they were ready to proceed, depending upon Council's direction and approval, but they needed the financial commitment before proceeding and providing necessary staff. Ms. Johnson responded to Council questions. Discussion included Council concerns related to budget matters and the need for input from the full Council for any decisions requiring additional funds prior to budget reviews. Council concurred to defer this item to the next regular Council meeting of February 22, 1994 for review by the full Council. Parks and Recreation matters: 1. Lilac Way Tot Park petition to close access - Director of Recreation Pekkain shared contents of staff report with attached Parks and Recreation Commission Committee recommendation regarding this matter, as reviewed in the Council Meeting Memo. City Manager Netter said if Council desired to consider the recommendations as presented for the Lilac Tot Lot Park, staff would prepare a cost proposal for Council's review and consideration in the 94 -95 budget work sessions. Discussion concluded in a motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, unanimously approving the Lilac Way Tot Park plans, as recommended by the Parks and Recreation Commission, conditional upon results of 1994 -95 budget reviews. Rohnert Park City Council Minutes (5) February 8, 1994 2. Rohnert Park Stadium Use proposals - Director of Recreation Pekkain shared contents of staff report dated February 8, 1994 distributed at tonight's Council meeting regarding comparisons between the North Bay Breakers Soccer League and the Western Baseball League related to the financial impact on the City and impact on commmity groups. He said this was a supplemental report to the one previously provided to Council,as reviewed in the Council Meeting Memo. W.Pekkain said staff is encouraging maximum use of the Stadium and, at this point, feels the Western Baseball League provides the best opportunity because the capital improvements upgrading the Stadium over a five year period would be accomplished at no cost to the City. Mr. Pekkain indicated that the trial year with the North Bay Breakers was bunpy with certain provision of the lease not being followed or in compliance. City Manager Netter and Recreation Director Pekkain responded to various Council questions regarding details of both proposals. Discussion included Council comments on advantages of Stadium improvements by Western Baseball League at no cost to the City, as well as concerns related to previous arrangements with North Bay Breakers and the need to provide every opportunity for the success of that agreement without jeopardizing the overall best use of the Stadium for the community. Financial and management concerns related to the Breakers were also expressed. City Manager Netter emphasized that the City rust look for a successful operation at the Stadium for the long term and not just for one or two years. Tom Gray, President of North Bay Breakers, said he would like to address some of the issues raised during the previous discussion. The issue brought up by Recreation Director Pekkain regarding the Redwood Empire Soccer Club's decision not to participate with the North Bay Breakers was not a financial issue, but was a philosophical issue that has been resolved. Mr. Gray reviewed extensive efforts involved in promoting soccer in the community, confirmed that the Breakers met financial obligations to the City, that financial setbacks were due partially to concert cancellations, and that it takes time to develop a successful program. Mr. Gray shared further speculations addressing football proposals for stadium use but said it has currently been baseball as opposed to soccer and, historically, the stadium was built for baseball. He further reviewed the number of soccer games proposed for the next year and said the success of their efforts involved the full proposal for a five year period including consideration of forming a national women's soccer league. He pointed out that everything cannot be done in the first year. Discussion included Councilwoman Spiro's request for efforts to be made by the North Bay Breakers to correct Mr. Gray's statements regarding the image that the Latino community cannot trust the City. She said that would be a pity to have them think this, if it is the case. She also asked, for clarity, if the North Bay Breakers would or would not give further consideration to the possibilities of joint use of the Stadium for soccer and baseball. Mr. Gray responded yes that they were willing to work things out. He said this facility is the one that fits their requirements and without the use of this facility, they basically have no hope and would actually be forced out of business by the decision to exclude soccer. The Breakers cannot play on just any field. There is going to be a lot of publicity provided and there are a lot of things happening toward the success of the soccer program. Rohnert Park City Council Minutes (6) February 8, 1994 Gary Thomsen, Vice President of Development, Western Baseball League, said he enjoyed his previous discussion with the City Manager pertaining to the proposal for Stadium use, and said he was available to answer Council questions, if desired. In response to Council query regarding the joint use of the field, Mr. Thomsen expressed concerns related to the Breakers'suggestion to change the current soccer play across the grass from right to left with the desire to turn it to run in front of the stadium stands. Kicked up dirt or grass would cause a problem for the baseball field and WBL's main concern would be reconfiguration of the field. Another concern was related to the promotional advertisement signs surrounding the field as baseball and soccer leagues have different promoters that need to be recognized. Further discussion included acknowledgment of deadlines for WBL by March 1st and for the Breakers' schedule in April. Concerns were expressed related to the original agreement with the Breakers and whether or not terms of the existing contract had been broken or fulfilled, and the importance of this rare opportunity and possibility of bringing baseball back to Rohnert Park. Discussion concluded in Mayor Pro - Tempore Eck's direction for all parties involved to meet further with staff to hamper out a plan toward joint use of the stadium for both baseball and soccer, and to bring the matter back for review by the full Council at its next regular meeting. In response to further concerns related to league deadlines, Mayor Pro- Tempore Eck responded that Mayor Reilly and Councilwoman Spiro should attend the referenced negotiations as Council liaisons. Councilwoman Spiro said she would like it noted that she spent 10 years with her sons participating in soccer. RECESS Mayor Pro- Tempore Eck declared a recess at approximately 7:50 p.m. RECONVENE Mayor Pro- Tempore Eck reconvened the Council meeting at approximately 7:58 p.m. with Councilman Hollingsworth and Mayor Reilly absent. Parks and Recreation matters (cont'd): 3. Japanese Garden in Community Center /atrium area - City Manager Netter updated the Council on the progress of this item per contents of staff report. He explained that Parks and Recreation Commission approved the Japanese Garden in concept with consideration of some concerns. Commissioner Plaisted was appointed to work with the Sister Cities' Garden Committee toward finalizing a plan acceptable to the architects and the City. Mr. Grubler of the Sister Cities Committee has indicated that the garden would not be installed until the Comnittee is able to raise funds to pay for it. Discussion included Council encouragement for people in the conrunity to donate to the Sister Cities Committee so the development of this Japanese Garden can become a reality. 4. Free Friday Night Program - D staff report updatin related to the City the Steering Commi transportation. Re problems created by time involved for responsibility for t Therefore, effective made available by th .rector of Recreation Pekkain shared contents of j Council on this item. He reviewed the problems s provision of transportation which concluded in .tee's recommendation to eliminate providing isons included liability factors for the City, :he Jr. High School Students with the drivers, the transporting students, and it was felt the 7ansporting students should be born by the parents. March 4th, 1994, transportation will no longer be City for the Free Friday Night Program. Rohnert Park City Council Minutes (7) February 8, 1994 Rohnert Park Swim Club letter notification of termination of lease agreement for Honeybee Pool - City Manager Netter referenced this letter dated January 26, 1994 as reviewed in the Council Meeting Memo. He confirmed this was provided to Council for informational purposes and that the decision of the Swim Club to relocate the majority of its operation to the Sonoma State swimming pool was due to the increase in its number of swimmers. Staff is working with the Swim Club on other possibil- ities for use of H pool in conjunction with the pool at SSU and when the proposal is solidified, it will be presented to Council for review and consideration. City Manager Netter said a representative of the Rohnert Park Swim Club was present at tonight's meeting to respond to Council questions, if any. No Council questions were signified. Mountain Shadows Golf Course - Approval of Holiday Schedule - City Manager Netter shared contents of this letter dated January 26, 1994 requesting approval of adding the two new holidays to the list for charging holiday rates at the golf course, i.e. Martin Luther King Day in Jan- uary and Columbus Day in October. Because these are federal holidays and in the spirit of consistency, City Manager said staff recommends adding them to the holiday list, as requested. Heather Lidster, representing Mountain Shadows Golf Resort in the absence of Mark Flowers, General Manager, who was unable to attend this meeting due to a conflict in schedule, further reviewed reasons for the request and said she was available to respond to Council questions. Discussion followed during which Council questioned how many businesses in Rohnert Park were able to observe all eleven holidays and expressed concern that residents should be able to play golf without paying more if they were able to take the days off work. Mayor Pro- Tempore Eck acknowledged that this was only a token amount but if there is a token one way then there has to be a token the other way and either way can prove beneficial. He confirmed it was the consensus of the Councilmembers present at this meeting not to approve the additional two holidays to the list for charging holiday rates at the golf course but, rather, that Mountain Shadows should be working on community relationships pertaining to recent resident concerns. Mayor Pro - Tempore Eck suggested this item be discussed further with the Council Golf Course Committee. Ethics & Code of Conduct Draft - Mayor Pro-Tempore Eck advised that this item would be deferred to the next Council meeting of February 22, 1994 to enable review by the full Council. Planning Commission request to increase budget for travel /meetings - City Manager Netter shared contents of staff report regarding this request as reviewed in the Council Meeting Mom. He said this budget increase would allow all five Planning Commissioners to attend the Planning Commissioners' League of California Cities Institute scheduled in San Diego from March 9th - 11th, 1994. Because there are two new Planning Commissioners on the Planning Commission, staff feels it would be appropriate for the Commissioners to attend this conference and, therefore, recommends Council's authorization of the additional $2,600. Council discussion concluded upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, authorizing the increase in the Planning Commissioners' budget for travel /meetings subject to trying to par it down by giving consideration to possibly using per diem instead of a set am unt for transportation, was unanimously approved. Rohnert Park City Council Minutes (8) February 8, 1994 MiltiVision Cable TV letter re. Conversion of FM Service and Channel Realignm_nt - City Manager Netter referenced this letter dated January 26, 1994, as reviewed in the Council Meeting Niemo, and said it was an informational item. Mr. Netter confirmed to Council inquiry that M.iltiVision is providing notices to subscribers advising of the discontinued FM service in order to comply with recent changes in federal law for "mast carry" broadcast stations. Rohnert Park Reclaimed Wastewater Line Consultant - City Manager Netter shared contents of staff report regarding this item as reviewed in the Council Meeting Memo. Based on evaluations by the specified interview panel, the City of Santa Rosa has selected CH2M Hill to complete the design services, with final negotiations forthcoming and contract to be presented to the City of Santa Rosa Council at its meeting of February 22nd, 1994. The pipeline is scheduled for construction in 1995 at an estimated cost of $3.5 million with the engineer's contract at approximately $617,000. At this time, the City of Santa Rosa is requesting the City of Rohnert Park to give its concurrence to the selection of the above- reviewed consultant. Director of Public Works/ City Engineer Brust responded to Council questions. A motion was made by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, concurring with staff report to approve the consultant selection process as inplemented by the City of Santa Rosa for the Rohnert Park Reclaimed Wastewater Line Consultant. City of Rohnert Park Wastewater Flows - 1993 - City Manager Netter referenced calcu- lations provided to Council for the Director of Public Works' report on the referenced item. Director of Public Works /City Engineer Brust responded to Council question that the current allocation is not over as the flow was lower in 1993 than in 1992 so the City is better off capacity -wise than in the past. Council concurred to defer this report to the next Council meeting with a full report for the benefit of the full Council. Conmmity Bulletin Board @ Commerce Blvd. / Rohnert Park Expressway - City Manager Netter shared contents of staff report dated February 2, 1994 reqardinq this item as reviewed in the Council Meeting Memo. He responded to Council questions confirming that positive conrunications are proceeding with the owners of the Safeway Shopping Center at the corner of Expressway and Commerce Blvd. with alternative efforts to work with the Exxon Station on the west side corner of Commerce Blvd. at the Expressway. Discussion included Council consideration of the type of uses for the Conmanity Bulletin Board with acknowledgment by Councilwoman Spiro that the person who intended to make comments on this item was present at tonight's meeting earlier but had to leave. Ms. Spiro reviewed the person's com ants to her related to the non - profits meeting every other month with a calendar already prepared and asked if the Bulletin Board could be used in an on -going manner for this calendar. Councilwoman Spiro said she mentioned the possibility that the Rohnert Park City Council Minutes (9) February 8, 1994 non - profits check into having their calendar included with the City's utility billings every other month which would advertise all the smaller events and then possibly a way could be figured out for advertising the larger events on the Community Bulletin Board. Mayor Pro - Tempore Eck expressed the preference to the Safeway Shopping Center location. Discussion concluded in a motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, for staff to proceed with efforts toward the Community Bulletin Board, as reviewed, to firm up a site location, afterwhich, the Cultural Arts Commission and the Parks and Recreation Commission are to be involved in the design of the sign, and then the entire sign program will be brought back to Council with cost summaries for its consideration. Backyard Composting & Yardwaste Reduction Incentive Policy - City Manager Netter ex- plained the application /certification and the composting /yardwaste reduction voucher forms prepared for this program. He responded to Council questions and said staff is implementing the program. Council concurred. Discussion included Council reference to informative pamphlet from Empire Waste Management pertaining to alternatives for this effort. Staff confirmed new versions of the referenced pamphlet information are in process and when supplies are available, such items are placed in the new resident packets. Draft letter responses to Sonoma County Superior Court Presiding Judge - City Manager Netter referenced the Grand Jury Report draft letter responses prepared for (1) Refuse Collection in Sonoma County, and (2) Public Safety Complaint Procedures for Council's review and direc- tion regarding additions, deletions or changes. Mayor Pro- Tempore Eck advised this item would be deferred to the next Council meeting of February 22, 1994 to enable review by the full Council. Bicycle Advisory Committee recommendations for Southwest Boulevard - Director of Public Works /City Engineer Brust shared contents this letter of recommendation from the Bicycle Advisory Committee dated January 24, 1994, as reviewed in the Council Meeting Memo. This reaffirms the Committee's prior recommendation to remove signs on Southwest Boulevard prohibiting bicycles and to install School Bike Route directional signs on Southwest Boulevard at Country Club Drive as the first option. An alternate solution would be to change the signs prohibiting westbound bicycles only at certain specified times on school day mornings for that section of Southwest Boulevard between Country Club Drive and Burton Avenue and that all other areas on Southwest Boulevard have no restrictions. Jake Mackenzie, 1536 Gladstone Way, Chairperson of the Bicycle Advisory Committee, further reviewed the Committee's recommendations and responded to various Council questions. He explained the Committee's preference to removing the signs completely, as previously requested, because of not wanting to get into the legalities of the matter but because of the extenuating circumstances related to the safety factor and number of student bicyclists involved, this is the compromise as reviewed. Discussion followed during which Council reviewed the complexities related to this matter and shared differing views on safety factors. Rohnert Park City Council Minutes (10) February 8, 1994 Katherine Collins, 828 Lilac Way, recomrended placing the responsibility back where it belongs on the parents and the school system. The City cannot do al.l things for all people. The City has provided a special route for the students and they know this is where they are to ride bikes for their own safety. Further instructions for doing so should be left to the parents and the school. Discussion concluded in a motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, to take down the above- referenced Southwest Boulevard bicycle directional signs on a trial basis and to place this item on the next School District/ Cities Coordinating Committee meeting agenda. Council Committee Reports: 1. Aquifer & Wetlands Storage Capacities in the context of the Conceptual Comrunity Separator Plan - Mayor Pro - Tempore Eck referenced informational ma- terial he distributed on this item at the previous Council meeting. He shared comments regarding same and confirmed he was on the Policy Committee. He asked if Council preferred to hear a presentation or have him hear it and make recommendations accordingly. Council concurred preference for a presentation to the full Council. 2. City /School District Communication /Coordination Committee Nbeting of January 27, 1994 - Councilwoman Gallagher shared comments on this meeting. Councilwoman Spiro said she was unable to attend the meeting due to illness. Councilwoman Gallagher's report of the meeting included trial task force comprised of concerned citizens that will be walking at lunch time around the University Park area to begin on Thursday, February 17th, hoping that the effect will be to curb potential drug activity by youth not in the High School and yet not be as abrasive in appearance as uniformed police officers would be. The meeting also included presentation by Director of Public Safety Rooney on the D.A.R.E. (Drug Awareness Resistance Education) program with general consensus in favor of the program. Also reviewed was the South County Disaster Planning Task Force which has been effectively ongoing for several years which could provide input and assistance. City Manager Netter and Director of Public Works /City Engineer commented on additional items reviewed including new library proposal at Rohnert Park Junior High School and an update on the middle school. City Manager said different plan options are in the process of being developed which will be on a future agenda for Council's review and formal action. 3. ABAG (Association of Bay Area Governments) /Restructuring Government - Councilwoman Spiro referred to recent ABAG meeting she attended pertaining to this restructuring government. She provided informational material for the City Manager to copy to the entire Council with cover item dated January 10, 1994 entitled Restructuring Government At a Glance listing relevant items from the Governor, Legislative Analyst, and Assembly Committee. Rohnert Park City Council Minutes (11) February 8, 1994 Comtunications- Communication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Councilwoman Spiro referenced letter from Rohnert Park Towing express- ing concern about another towing firm being more than 5 miles from Rohnert Park signifying 5.6 miles when using CHP guidelines. City Manager Netter explained the procedure used by the Department of Public Safety in order to meet the distance guidelines for towing services. Using the same guidelines for every applicant and being consistent are the important factors. Mr. Netter said this item was to be scheduled on the next Council agenda. City Manager's report: 1. Fireworks stands/Use permits - City Manager Netter updated the Council on the progress of this item and said the City Attorney is still checking with other attorneys regarding fireworks stands /permits and procedures in other areas. However, the suggestion made by Katherine Collins at the previous Council meeting regarding encouraging business owners to handle the situation has been pursued per initial communications with Beth Jeffcoat, Executive Director of the Chamber of Commerce. Ms. Jeffcoat has signified that she is working with those businesses through the Chamber. She indicated that a meeting will be scheduled in the near future with interested business owners. 2. City Manager's Annual Performance Evaluation - City Manager Netter advised that forms for this performance evaluation had been distributed to Council and would be reviewed as signified on the next Council agenda of February 22, 1994. Council agreed, following confirmation from Mayor Reilly and Councilman Hollingsworth, with preference of starting time for this evaluation at 5:00 p.m. versus the signified 6:00 p.m. time in order to retain efficiency of the regular Council meeting. 3. BIA letter regarding AB1600 - Development fees - City Manager Netter referenced copies of this letter dated January 10, 1994, as well as, draft response letter from the City Manager with attached summary of the City's AB1600 information on the various fees from 1984 through 1994. Council concurred with the draft letter. City Manager further confirmed that it is not Rohnert Park's collection and use of impact fees that are BIA's interest, but others. 4. REMIF annual meeting of January 28, 1994 - City Manager Netter reported on the the referenced meeting and confirmed discussion held regarding the RENIIF health fund. Because of the new federal plan, the City may have to phase out the REMIF health plan. If that happens, there is a clause within the employees agreement that might require reopening negotiations. Mr. Netter responded to further Council questions related to the current REMIF plan and computations of certain funds. He also indicated that REMIF has included coverage for prostate cancer screening, allowing for costs up to $100.00 every other year. 5. Federal Emergency Shelter Grants Program - City Manager Netter referenced letter dated January 28, 1994 regarding this item. Due to time constraints, the application had been submitted signed by the City Manager and staff requests Council concurrence. A motion was made by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved, to ratify the Federal Emergency Shelter Grants Program application for Fiscal Year 1994 -95 for the Homeless Prevention Group, as requested by staff. Rohnert Park City Council Minutes (12) February 8, 1994 6. Dorothy Rohnert Spreckels' donation to Performing Arts Center - City Manager Netter shared further communications with Mr. Bruce Richardson, representative of Dorothy Rohnert Spreckels, pertaining to this donation. He said that sometime in the future, it is the intention that the City will be the recipient of a substantial contribution into the endowment fund, but the recent donation was intended to be for more of an operational use and preferred it be designated into the Performing Art Center's general fund raising to promote the Performing Arts Center. Discussion included Councilwoman Spiro's request for the Council Committee to meet for further review of the matter to which City Manager responded he would schedule a meeting as requested. 7. Director of Public Safety additional moving expenses - City Manager Netter asked if Council would agree to an additional $1,000 for the signified moving expenses. He said the amount is still $300 to $500 less than other estimated total bids. Discussion concluded in a motion was made by Councilwoman Spiro, seconded by Mayor Pro- Tempore Eck., unanimously approving the additional $1,000 for the moving expenses of the new Director of Public Safety. City Attorney's report: Rent Control Litigations - City Attorney Flitner updated the Council on the status of the five mobile home rent control litigations in process. He shared various details of the pending arguments related to each case and reviewed the possible time frames for the cases to be argued, challenged, appealed, etc. Matters from/for Council: 1. Town Hall Meeting Section "C" Residents at 7:00 p.m., Thursday, February 24, 1994 at Rohnert Park ConTainity Center - City Manager Netter advised of the scheduling of this Town Hall Meeting and confirmed that specified notices would be mailed accordingly. 2. Rohnert Park Expressway signals over freeway - Councilwoman Spiro shared concern related to witnessing a U-turn at the east bound signal toward the overpass on Rohnert Park Expressway and said she had mentioned the concern to the City_ Engineer. City Enqineer Brust explained that the referenced signals are Caltrans signals and he would bring the matter to the attention of Caltrans. 3. Library roof - Councilwoman Gallagher asked about the progress on the Library roof repairs. City Manager Netter responded that the repairs should be done and confirmed he would check on the matter. 4. Excessive force lawsuits - Councilwoman Gallagher noted several excessive force lawsuits by police in the past year and said she would .like to know total numbers, what is the normality and how many complaints there have been. City Manager Netter responded that most of the referenced lawsuits were dismissed and confirmed he could obtain a print out through REMIF. Rohnert Park City Council Minutes (13) February 8, 1994 6. Sonoma County Transportation Authority & Marin Countywide Planning Agency Joint Executive Committee Meeting - Councilwoman Gallagher said as the alternate and with Vice Mayor Eck as liaison to the Sonoma County Transportation Authority, she would like to call attention to this Joint Executive Committee Meeting to be held on February 10, 1994 at 3:00 p.m. at the Petaluma Community Center. 7. Sprinkler systems - Mayor Pro - Tempore Eck said he had noticed a lot of sprinklers running when it is raining and asked what could be done to conserve on water related to the unnecessary sprinkling. Director of Public Works /City Engineer Brust responded that cost proposals had been prepared in the past for automatic turn-offs when it rains, but the expense is quite excessive. Staff tries to tend to all the shut offs when it rains, but sometimes misses one or two. Mayor Pro- Tempore Eck said he would be curious to see the actual costs of the automatic system, but also had seen sprinklers running during rainy days at a lot of residential homes as well as some apartment complexes. City Engineer Brust responded that the matter could be addressed in the City's water billings and confirmed that residents could be advised accordingly that the water for sprinklers are taken directly out of the ground supply. Unscheduled Public Mayor Pro- Termpore Eck asked if anyone in the audience wished to make Appearances an appearance at this time. Adjournment Mayor Pro- Tempore Eck adjourned the meeting at approximately 9:20 p.m. . - 0 / � /9-, �., 41 De Ci Clerk J N15Eyor Pro- Temmpore