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1994/04/26 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES ? 1) April 26, 1994 cover such programs with set rules and conditions. This proposal would be covered in the upcoming budget process. 6. Graywater Standards, California Plumbinq Code - Director of Public Works /City Engineer Brust reviewed his 4/18/94 staff memo. The State Graywater Standard is being adopted by the state on May 9, 1994, and becomes effective for cities and counties on "ovember 9, 1994. 'lie yraywater standard only allows use for single family homes for underground irrigation only. No surfacing of graywater is allowed. Because of the heavy adobe clay soil in Rohnert Park and other reasons it will be very difficult to regulate the graywater standard. After questions from Councilmembers, staff was instructed to draft appropriate resolution/ordinance prohibiting the use of graywater in Rohnert Park. Such resolution could be reversed at a later date if the Council decided to later allow the use of graywater. 6. Mobile Home ParK Purchase Program - A proposed meeting was scheduled for the Council Committee (Reilly /Eck) on May 4th in the late afternoon. Staff would contact park owner representatives to attend. 7. Enforcement of Curtew notice - A news release would be published so that residents would know that curfew was going to be strictly enforced. City Attorney's report: 1 -2. Sabelko vs. City of Phoenix and DeVita vs. County of Napa requests for amicus support - The League of California Cities asked for support of establishing zone around abortion clinics or other areas for peaceful protest under First Amendment rights. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved, the City would provide amicus support in the Sabelko vs. City of Phoenix and DeVita vs. County of Napa requests. Matters from/for Council: 1. Town Hail Meeting - G & H Section Neighborhoods, Gold Ridge Elementary School Multi - Use Room, 1466 Golf Course Drive, from 7:00 to 9:00 p.m., Thursday, April 28, 1994 - City Manager Netter stated that such meeting had been properly noticed. 2. Mobile Home Parks Neighborhood Meeting, Recreation Community Center, 5401 Snyder Lane, 6:00 p.m., Tuesday, May 3, 1994 - City Manager Netter stated that such meeting had been properly noticed. Three Rent Appeals Board Members had indicated they would attend. City Attorney Fiitner advised that notice be given of their attendance in compliance with The Brown Act. Staff would do so. 3. Laguna de Santa Rosa Foundation Report on April 20th meeting - Director of Public Works /City Engineer Brust reported on his attendance at the meeting on behalf of Mayor Reilly. The purpose of the meeting was to coordinate resources of the Laguna de Santa Rosa area. Final outcome would be an information or planning document. Seven meetings have been planned. The Foundation asked for an assigned representative from City of Rohnert Park. ROHNPRT PARK CITY COUNCIL ( 12) April 26, 1994 Upon motion by Councilwoman Spiro, seconded by Councilman Hollingsworth, and unanimously approved, staff would continue to attend the meetings until a citizen had been appointed by the Council. A notice soliciting interested citizens for such opportunity would be posted. 4. Mayors' & Councilmembers' Association - Regionalism subcommittee appointments - Councilmember would represent the Council's position on regional government. Councilwoman Gallagher and Mayor Reilly were appointed as representatives. 5. Luther Burbank Rose Parade, 100th Anniversary, VIP invitation to participate on Saturday, May 21st - Parade at 10:00 a.m. followed by luncheon - Staff would review attendance protocol of Councilmembers of this special anniversary parade. 6. Councilman Eck requested the Council review innovative proposals for matching grants funding for open space. 7. Councilman Eck reported on the Wastewater Policy Advisory Committee meeting. Councilmembers had been provided a copy of the information package on the Santa Rosa Subregional Sewerage System wastewater disposal options. The summary section from the City of Santa Rosa report would provide a basis for discussion on the next Council agenda for Council's consideration of appropriate option selection. 8. Councilwoman Spiro reported on Project Graduation on June 16th. This important Thursday night event needed volunteers. Please contact Pat Anderson. 9. Councilwoman Gallagher asked what was flag protocol in the event of the death of a former president. City Manager Netter would review flag protocol. The flag was flown at half -mast commencing on April 25th according to President Clinton's pronouncement and through the declared federal holiday of Wednesday, April 27, 1994, in honor of the passing of former President Richard Nixon. 9. Mayor Reilly congratulated the Free Friday Nite group for winning the volunteer award last Friday, April 22, 1994. 10. Mayor Reilly stated the Breakers Game was worth attending. Rohnert Park District matters - There were none. Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an appear - Appearances: ance at this time. There was no one. Adjournment Mayor Reilly adjourned the meeting at approximately 10:05 p.m. to 7:00 P.m., April 28, 1994, at the Gold Ridge Elementary School Multi -Use Room, 1455 Golf Course Drive, for a Town Hail Meeting with G & H Section Neighborhoods. y, Secretary M or Rohnert Park City Council Minutes Town Hall Meeting - "G" and "H" Section Neighborhoods Thursday, April 28, 1994 The City Council of the City of Rohnert Park held a Town Hall Meeting this date at Gold Ridge Elementary School, 1455 Golf Course Drive, Rohnert Park, California. Call to Order Mayor Reilly called the meeting to order at approximately 7:00 p.m. Roll Call Present: (5) Councilmembers Eck, Gallagher, Hollingsworth, Spiro and Mayor Reilly Staff present for all or part of the meeting: City Manager Netter, Director of Public Works /City Engineer Brust, and Director of Public Safety Rooney. Mayor Reilly briefly commented on the purpose of the Town Hall Meeting and requested any citizen interested in discussing any topic of interest to please fill out a speaker card to help city staff and to document their concerns. The Mayor then opened the meeting for public comment. Attached to these minutes is a list of attendees, along with issues and concerns and the City Council responses. This detailed list will become a part of these minutes. Adjournment The Mayor adjourned the Town Hall Meeting at approximately 9:05 p.m. IIA City Manager /Clerk yor JDN:lr 1 ROHNERT PARK CITY COUNCIL MINUTES ;9) April 26, 1994 PUBLIC UTILITIES AND PIPES, WATER LINES, SEWER LINES AND OTHER RELATED PUBLIC PURPOSES, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS IN EMINENT DOMAIN TO SECURE IMMEDIATE POSSESSION OF THE PROPERTY, AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED TO THE PROPERTY AND, IF NECESSARY, AND TO CONCLUDE, ON BEHALF OF THE CiTY OF ROHNERT PARK, ALL ACT IONS NECESSARY TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTY. City Manager Netter and City Attorney Flitner gave a staff report and explained the resolution. Public Hearing Mayor Reilly opened the public hearing at approximately 9:05 p.m. No one responded. He closed the public hearing at approximately 9:06 p.m. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, the reading of Resolution No. 94 -77 was waived and said Resolution was adopted. Teen /Youth Assistant City Manager Leivo reviewed the 4/22/94 staff memo on the Council Update: first meeting with students interested in establishing a Teen/Youth Council. Ellen Draper, Sonoma County Substance Abuse Program, teen communication systems expert, and Jim Pekkain, Recreation Director, also attended. The purpose of the meeting was to facilitate and enable students to participate in the community. He responded to questions from the Council. The initial focus groups will produce a proposed schedule of meetings and activities within the next couple of months for the following school year. The existing Youth Court program would also be reviewed. The City of Cotati had indicated they were interested in participating in the program. Planninq and City Manager Netter reported that no complaints or use permits had been Zoning Matters received for the ownership of pot bellied pigs in the residential districts of (File No. 1527): Rohner: Park. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, the use permit process for pot bellied pigs was continued for another twelve months. City of Modesto This request to support state law amendment allowing cities and other request public agencies to adopt ordinance imposing financial responsibility on both perpetrator and parents of minor children who commit acts of graffiti vandalism. City Attorney Fiitner recommended tabling the request until he could review existing civil code and penal code which might cover this item without adding it to government code. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, the City of Modesto request for support of state law amendment concerning adoption of ordinance imposing financial responsibility on both perpetrator and parents of minor children who commit acts of graffiti vandalism was tabled for two weeks. Environmental Legislative report on underground petroleum storage tanks re. SB 1764 Resource Council (Thompson). Director of Public Works /City Engineer Brust reviewed the 4/15/94 staff report which outlined Senator T'hompson's bill. It had HOHNERT PARK CITY COUNCIL MINUTES (10; April 26, 1994 recently passed the Senate Toxic Committee and next moves to the Senate Appropriations Committee. Also, two other bills by Assemblyman Hauser (AB 3073) and Jkssernbiywoman Bronshvag (AB 3140) have been introduced and have also passed through the same committee to the Senate Appropriations Committee. Counciirrian Hollingsworth left the Council Chambers at approximately 9 :10 p.rn. and returned at 9:16 p.m. Copies of the three underground petroleum storage tank bills were provided to Guuriciimembers. The City supported passage of these bills. Article 34 Election Proposed Ballot Measure. Assistant City Manager Leivo reviewed the staff memo on proposed ballot language. Proposed number of low income housing was based on ABAG projection of new households in Rohnert Nark multiplied by a tactor. Three options were proposed for discussion purposes. He responded to questions from the Council. Councilman Eck suggested adjusting optics 3 to include average number of units per year.) Councilwoman Gallagher requested tabling !his item for further review. This item was tabled to the next Council meeting. Communications Comm:.ni: ations Nel \he attawched outline •:-ere brought 10 the attention of the City Council. ivo action was taken unless specifically noted in these minutes. . Rancho Cotati High School - funding request/achievement awards program 1994 Annual Spring Banquet, Thursday, May 19, 1994 of $250. Consensus of the Council to place on next meeting's agenda. 2. Reminder that the Golf Course committee has a 7:30 a.m. meeting on i hursday, Aprii 28 with Men's Club, Women's Club, and golf staff. Councilwoman Spiro may be on jury duty that morning. City M.- nager's report: 1. Roberts vs. City of nohriert nark (gravel driveway from Wiiiis Avenue) - Director of Public Works/City Engineer Brust reviewed the history of lawsuit agreement and actions taken to date. Funds have been set aside to accomplish the driveway improvements. Tom Roberts, 4649 Dowdell Avenue, Santa Rosa, reviewed his concerns regarding the above issue. Councilmembers questioned Mr. Roberts and staff on actions taken to date. Staet was ready to proceed with road improvements as outlined in the agreement and were awaiting permission to come onto the property. Mr. Roberts agreed to provide such permission. Council directed staff to proceed. 2. update - the Senior Center had been equipped to serve as an emergency shelter. Staff would confin whether the capacity of 100 people met State guidelines. 3-4. Roller Blade Hockey and Sand Volley Bali Courts proposal - At the recent Boys and Girls Scouts mock City Council meeting, they proposed to use Eagle Park tennis courts as a roller blade hockey court, along with Sand Volley Ball Courts. T he courts are in a deteriorating condition. insurance would ROHNERT PARK CITY COUNCIL MINUTES ?) April 26, 1994 notice, 9) whether to notice committee meetings as decision- making meetings if more than two Counciimembers planned on attending (72- hour notice rather than 24 -hour notice to the public), 10) what the terms, "to hear, discuss or deliberate" meant in regard to Committee attendance, 11) what constituted a quorum under The Brown Act, and 12) how to provide committee meeting information to other Counciimembers not in attendance. City Attorney Flitner stated that Councilwoman Gallagher had provided the Council with a copy of a portion of the new Broom Act from the California First Amendment Coalition at the previous meeting. He cited the Coalition definition of a meetinq as, "If the maJority of the body is present, the general rule does not require that it act or indeed do anything more than listen if the topic concerns actual or potential business of the agency in order for the event to be considered a meeting subject to the Act." Mayor Reilly opened the discussion for public comment Steven R. Thornton, American Civil Liberties Union Chair, P. U. Box 14181, Santa Rosa, 95402, submitted the ACLU review of the draft Code as requested by Councilman Eck. ACLU attorneys found the draft document constitu- tional. Any wording on campaign contributions was addressed in state election law and perhaps should be removed from any adopted ethics code. He confirmed with Mayor Reilly that his quotes from The Brown Act came from a 4 {20 {94 Internet copy of the revised act. Mr. Thornton suggested that any Councilmember could send a representative or have a tape recording made if he or she wished to have access to the information reviewed. This would comply with the opening meetings concept in the spirit of the revised Brown Act. There was no objection from the Council to such an arrangement. Attendance of a third Councilmember at a committee meetinq was not a constitutional issue. v.bbie Hales, 82153 Liana Court, Rohnert Pank, spoke on expending greater effort to adhere to the existing Code of Ethics, to address conflict of interest situations, and to use a more current population figure for Rohnert Dark. Arilliam Adams, 716 Brett Avenue, Rohnert Park, stated that the term "to hear" in The Brown Act was meant for the purpose of taking action as in a hearing to prepare for action. it a third Councilmember appeared at a committee meeting and only heard the information that would not constitute a decision. He suggested that all committee meetings be under 72 -hour notice. Mayor Reilly stated that the dilemma which occurred in any Council committee when a third Councilmember attended was that the Committee could take an understanding of support for a particular position to a subsequent Council meeting, knowing that they had three votes for the issue(s). it was this appearance of "backdoor dealing" that the Council wished to avoid by properly noticing such three -or -more Councilmember meetings. That required Councilmembers to notify the Council of their intended attendance. Councilwoman Gallagher maintained that such required notification violated her First Amendment rights to attend meetings. Councilman Eck stated that 72 -hour notice would make meeting scheduling more difficult. He suggested split Council sessions or adding a third meeting each month. ROFINEnT 'ARK CITY COUNCIL MINUTES ;8) April 28, 1994 Hertzel Harrison, Rohnert Perk, clarified his understanding that while three Councilmembers may come to agreement at an improperly noticed committee meeting, ,such decision did not become law. T►ieir recommendations were reported at a subsequent Council meetinq where a vote would be taken. He supported the provision that a third Councilmember c_ulc' attend committee meetings. Any legal confusion should i✓e resolved in the courts. Councilwoman Gallagher stated for the record that the other Councilmembers were trying to silence her by denying her attendance at committee meetings. Mayor Reilly stated that if a third Councilmember wished to attend a committee meeting, the Council was asking that member to notify the Council prior to attending in order that the proper 72 -hour notice could be provided to the public. " "r !-larrison ccnfirmed with Mayor Reilly that any committee meeting at - ,h,' -h a third Councilmember appeared would be canceled and reser hedu led if a 72- hour notice was not given. Councilman Hollingsworth and Councilwoman Spiro withdrew the original motion. Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, the draft Code of Ethics and Conduct was tabled and returned to the committee for review. T he committee would remove the lanquage on Council committees and reporting of campaign donations for separate consideration. Resolution RESOLU T iCiid vRUERiNG 0.1`1Y iviAi�iAGER OF THE CITY OF No. 94 -76 ROHNERT PARK TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK. vveed Abatement Public Hearing: Mayor Reilly opened the public hearing at approximately 9:00 p.m. Kitty Collins, $23 Lilac Way, Rohnert Park, asked what steps the City took in collecting expenses incurred in weed abatement for private citizens. City Manager Netter responded that expenses averaged around $50, larger amounts may be taken to small claims court, and some were written off if too expensive to collect. Hertzel Harrison, Rohnert Park, requested that the City notify citizens of weed abatement problems in a timely manner. Public Hearing Mayor Reilly closed the public hearing at approximately 9:03 p.m. closed Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, Resolution No. 94 -76 was adopted. Resolution A RESOLUTION OF NECESSITY OF THE CITY OF ROHNERT PARK No. 94-77 AUTHORIZING THE ACQUISITION OF THE REAL PROPERTY DESCRIBED HEREIN TO PROVIDE FEE SIMPLE ACCESS TO CITY WATER TANK NO. 1 WELL SiTE NO. 4, FOR THE INSTALLATION OF ROHNERT PARK CITY COUNCIL MINUTES 5) April 28, 1994 Interest on City Manager Netter stated that Communication items 42 through #5 Security Deposits: were submitted in response to this issue. He reviewed the City Manager's memo and three options. Staff did not support the third option of establishing enforcement provisions by enacting a rent control ordinance for all rentals in Rohnert Park. Discussion by Councilmembers included: 1) testing of existing resolution in small claims court, 2) amount of staff time required to enforce, 3) percentage of renters affected in the City, 4) how enforcement procedures might be implemented; 5) whether landlords would pass through administrative costs of such a program; 6) whether the City could supersede the real estate code concerning interest accounts; and 7) whether tenants could decide if they wished to enter such an agreement. Mayor Reilly asked for audience members who wished to speak on this issue. Beth Robertson, 4301 Hatteras Court, Secretary/Treasurer of the Sonoma County Realtors Association, spoke against the resolution, stating that it produced a bookkeeping nightmare for property owners. Dick Mathews, 532 College Avenue, Santa Rosa, property manager for various properties, spoke against the resolution. He read from the business and professional code which required separate accounts for each tenant's security deposit. Charles Carman, 7323 College View, Rohnert Park, spoke in support of the resolution, stating that funds could be placed in separate savings accounts. Bonita T. Usrey, 4500 Flores Avenue, Rohnert Park, spoke against the resolution, stating that government should not be involved in private property issues. Hertzel Harrison, 4413 Hamlet Court, Rohnert Park, spoke in - - -- support of the resolution, stating that when he paid interest on security deposits tenants responded yy treating the property well. Sandra Shaw, 2519 MacMillan Street, Napa, spoke in support of the resolution. Ben Friedman, 7323 College View Drive, #501, Rohnert Park, spoke in support of the resolution, citing various letters to the City Council. Beth Robertson responded to Council inquiry that rents might increase if landlords were required to pay interest on security deposits. Mayor Reilly questioned staff on Section 3 and asked if language could be included which allowed the tenant to refuse interest on security deposits, especially if such demand resulted in a pass - through cost to the tenant. City Attorney Flitner stated that such language could be included. The Council asked for clarification on existing state law and real estate codes involved in interest - bearing accounts for deposits which might contradict any ordinance the City might enact. Upon a motion by Councilman Eck, seconded by Councilwoman Spiro, and approved four to one (Hollingsworth against), staff would prepare an ordinance regarding interest on security deposits and schedule it for introduction. This would provide the opportunity for fact - finding on ROHNERT PARK CITY COUNCIL MINUTES (8) April 28, 1994 various issues. Mayor Reilly stated that he would support such an ordinance only I it included tenant option to accept such an agreement, in other words, when requested by the tenant. RECESS Mayor Reilly declared a recess of the regular City Council meeting at approximately 7:45 p.m. RECONVENE Mayor Reilly reconvened the City Council meeting at approximately 7:53 p.m. with all Councilmembers present. Boxing Program City Manager Netter reviewed the City Manager's memo concerning this Res. No. 94 -68 approved grant. Herb Cody, Martial' Arts Center, 5675 Redwood Drive, Rohnert Park, spoke about his concerns in signing the move agreement. He requested a two -year cap on equipment recapture, stating that equipment wore out and might not exist after two years. He objected to being required to be accountable for more than one year. City Council assured Mr. Cody that he was not required to replace worn out equipment. Only in the event of the failure of the program would any existing equipment be returned to the City. Mr. Cody accepted the inclusion of the words "original equipment purchased from these grant funds in Paragraph V(5) of the grant. Councilman Hollingsworth commented on the $3,000 for advertising, referring to use for T -shirt purchase and sales. He said any funds for T -shirts that produce revenues from sales should be spent for additional equipment. Discussion followed. Mr. Cody agreed not to use City grant funds for T -shirt purchase and sales. Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, the agreement in Resolution No. 94 -68 would be amended by adding the words to page 3, Paragraph V(5): "Ail original equipment purchased trom the grant tunds for the boxing program is and shall remain...." In addition, T -shirt supplies used for promotion and resale would not be purchased with grant money. Mr. Code invited Councilmembers to a 6/4/94 contest at 6:00 p.m. at the Sports Center. Code of Ethics Councilman Eck reviewed proposed changes in the existing code as and Conduct: prepared by Council subcommittee, copies of which had been previously provided. Councilman Hollingsworth made a motion, seconded by Councilwoman Spiro for discussion purposes, to accept the amendments to the Code of Ethics and Conduct as submitted by the committee, including the California Fair Political Practices Commission's ( CFPPC) code of conduct for governing agencies. Council discussion included: 1) CFPPC covered financial situations, 2) The Brown Act covered other aspects of public service, 3) new Code would be helpful for orienting new Councilmembers, 4) whether the new Code would be adopted by resolution, 5) if the new Code should cover Council committee attendance rules or reporting of campaign contributions, 6) if the Council had been given the most current Brown Act language, 7) if committee meetings were decision- making or fact- finding meetings, 8) if more than two Counciimembers could attend Committee meetings without 72 -hour AOHNERT PARK CITY COUNCIL MINUTES (3) April 26, 1994 Presentation of Appreciation Proclamations: 1. Mayor Reilly acknowledged T. J. McCarthy for his winning performance at the Sonoma County Elementary Spelling Competition and qualifying for the State Championships. T.J. is a 9- year -old student who attends Goldridge School in Rohnert Park. 2. Mayor Reilly acknowledged MacKenzie Tate as the winner for her age bracket in the Sonoma County Essay Contest on Americanism sponsored by the Veterans Memorial Society. MacKenzie, a 9- year -old student who attends Goldridge School in Rohnert Park, has qualified for the State Championships. Her winning entry was read and is posted at City Hall. 3. Acceptance of "Certificate of Achievement for Excellence in Financial Reporting" was presented to the City for the 12th award in a row by the Government Finance Officers Association of the United States and Canada for the City's Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending June 30, 1993. This is the highest form of recognition in the area of government accounting and financial reporting, and its attainment represents a significant accomplishment by government and its management. A further "Award of Financial Reporting Achievement" was presented to Sandy Cervone, the City's Accountant/Auditor, for her hard work, dedication, competence, and commitment to these high professional standards. Scheduled Public Appearances: 1. Norma Ellis, Sonoma County Department of Public Health presented the Council with the publication "Health '94 ", a comparison of the health status of Sonoma County residents with state and federal statistics. She briefly reviewed pertinent statistics on health hazards and illnesses in the County and urged the Council to join in efforts for reducing such occurrences in Rohnert Park. 2. Rev. Sam Tharpe, Director of Thorvex Productions (T's Academy), 4070 Snyder Lane, Santa Rosa, appeared to request $3,100 for preliminary architectural drawings for the proposed T's Academy building on City land adjacent to the proposed Assistance Dog Institute. Staff responded to Council questions and further explained the request. Councilman Hollingsworth made a motion, seconded by Councilwoman Spiro, to provide $3,100 for preliminary architectural drawings for the proposed T's Academy building. Councilman Eck's friendly amendment was accepted which classified the payment as a loan, payable to the City only if fund - raising efforts were successful. The amended motion was unanimously approved. 3. Petition from 16 residents of Camino Coronado requesting the City to consider closing the footpath from Camino Coronado to Copeland Creek. City Manager Netter reviewed the City Manager's memo with recommended actions. Richard Bray, 1054 Camino Coronado, spoke in support of the recommendations and stated that if the improvements were not effective in reducing crime the residents would again request closure of the footpath. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, staff recommendations as outlined in the City Manager's memo on ROHNERT PARK CITY COUNCIL MINUTES (4) April 26, 1994 improvements to the footpath from Camino Coronado to Copeland Creek were unanimously approved with a review within 60 days. Director of Public Works /City Engineer Brust responded to Council questions concerning improvements to Caterpillar Park. Councilman Hollingsworth left the Council Chambers at 6:42 p.m. and returned at 6:44 p.m. Director of Public Works /City Engineer Brust stated that budget figures for such improvements would be presented in the upcoming budget process. Resolution A RESOLUTION OFF THE CITY COUNCIL OF THE CITY OF No. 94 -74 ROHNERT PARK ACKNOWLEDGING AND COMMENDING THE MANY OUTSTANDING EFFORTS OF THE SONOMA STATE UNIVERSITY ATHLETIC PROGRAM, ITS ATHLETES, COACHES, STAFF, MANAGEMENT AND VOLUNTEERS. Councilwoman Spiro proposed a resolution to support the activities of the above program, citing impact to the business and services community and recommended this resolution be presented to the SSU Athletic Dept. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved, Resolution No. 94 -74 was adopted. Resolution A RESOLUTION APPROVING THE AGREEMENT TO PROVIDE CER- No. 94 -75 TAIN MUNICIPAL SERVICES FOR THE COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT. City Manager Netter reviewed the City Manager's Memo regarding meetings with school district representatives, administrators, City Manager Netter, and Director of Public Works /City Engineer Brust regarding fee reduction and waivers. Staff recommended that the $1,315,002 fees be reduced by $865,404 to a new total of $449,598. Staff had reviewed the district's various bond program requirements. Staff responded to questions from the Council as they reviewed the waived fees. Staff confirmed that development fees were only charged for the land which was under developed. The City retained the right to charge development tees 9 any portion of the remaining property was developed in the future. Dr. Walter Buster, Superintendent, and Jim Hickenbottom, Fiscal Manager, Cotati- Rohnert Park Unified School District, 325 E. Cotatii Avenue, Cotati, appeared and responded to Council questions. Vicki Vidak and Eric Kirchmann, Board of Trustees members were also present. Councilman Eck made a motion, seconded by Councilwoman Gallagher, to adopt Resolution No. 94 -75. Councilman Hollingsworth hesitated giving away $865,000 due to strained City budget and bonds passed by citizens. He asked for equal treatment in the spirit of cooperation from the School Board when the Council approached them later in the year. Eck accepted the friendly amendment. Councilman Hollingsworth called the question. Resolution No. 94 -75 with friendly amendment was adopted unanimously. ROHNERT PARK CITY COUNCIL MINUTES April 26, 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 Mayor Reilly called the regular session to order at approximately 6:03 p.m. Moment of Silence Mayor Reilly called for a moment of silence in honor of the passing of former President Richard M. Nixon. He then led the audience in the Pledge of Allegiance. ROLL CALL PRESENT: (5) Councilmembers Eck, Hollingsworth, Spiro and Mayor Reilly Councilwoman Gallagher arrived late at 6:08 p.m. 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 Finance Director Harrow. Approval of Minutes Upon motion by Councilman Eck, seconded by Councilwoman Spiro, the City Council/Sonoma State University President's Cabinet Joint Meeting Minutes of April 5, 1994; the Rohnert Park City Council Minutes of April 12, 1994; and the City Council /City of Cotati Council Joint Meeting Minutes of April 18, 1994, were approved as amended, with Councilman Hollingsworth abstaining on approval of April 18, 1994 minutes. Amendments were as follows: April 12th Minutes, page 2, Ethics & Code of Conduct: second paragraph, line 6 should read: "...just those exceeding $99,...." Page 3, fourth paragraph, adding a final line: "There were no committees established for the Volunteer Center and Youth Center." Page 4, line 1, "Whenever the development - related name...." April 18th Minutes, page 2, first paragraph, adding: "Councilman Eck suggested a School District committee of Councilwomen Spiro and Gallagher." Non - agendaed Mayor Reilly queried if any Councilmember had any non - agendaed items matters to add to the agenda. Councilman Eck asked for one addition to Matters from/for Council to report on Wastewater Policy Advisement Committee. Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, City bills presented per the attached list in the amount of $824,159.83 were unanimously approved. Presentations Mayor Reilly presented a proclamation honoring students for recognition of their achievements in the community by the Friday Nite Live program. Recognition was given to Jenn Gamble, Kristina Dennett, W. Ray Fields, Jr., and Jack Hart Maddan, 111. Councilwoman Gallagher arrived at approximately 6:08 p.m. ROHNERT PARK CITY COUNCIL MINUTES (2) April 26, 1994 Unscheduled Public Mayor Reilly stated that in compliance with State Law (The Brown Act) Appearances citizens wishing to make a comment may do so at this time. 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. Deborah Palesch, Artistic Director, Palesch Pacific Ballet, invited Councilmembers to the ten - year anniversary reception and performance on 4/29/94 from 7:00 to 9:00 p.m. She confirmed that artists were paid on a per - performance basis, but most performances were volunteer because of lack of funds. John Lund, 176 Adeile Avenue, Rohnert Park, spoke in support of openness, frankness, and a free flow of information and opposed a Code of Conduct that would suppress this. City Attorney Flitner confirmed that for existing lawsuits the City was self- insured for the first $25,000 of expenses, had retained the law firm hired by the insurance company, and that unlawful acts, when proven, were excluded from insurance coverage. Allegation of such acts did not constitute proof and the City was responsible to provide legal defense for City officials and employees in the course and scope of their employment. CONSENT CALENDAR 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. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 94 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN EXTENSION TO THE LEASE AGREEMENT WITH SONOMA COUNTY PEOPLE FOR ECONOMIC OPPORTUNITY (Re. Use of Burton Avenue Recreation Center). No. 94-71 RESOLUTION RESCINDING ADMINISTRATIVE POLICY NO. 2 (Education and Training Pay Incentive Program). No. 94-72 RESOLUTION RESCINDING ADMINISTRATIVE POLICY NO. 7 (Maternity Leave of Absence). No. 94 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AGREEMENT WITH THE VOLUNTEER CENTER OF SONOMA COUNTY TO PROVIDE VOLUNTEER SERVICES FOR RESIDENTS OF THE CITY OF ROHNERT PARK. Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, the Consent Calendar, as outlined on the meeting's agenda, was unanimously approved. 7():;eph Net.t.er_ Ntarrh 31. , 1994 PAGF; 2 environmental information. State law requires that the City Council hold a public hearing prior to final approval of the General Plan. To summarize, preparation and adoption of the General Plan will require at least until October to complete as follows: Mar. Apr. Wy June July Aug. Sep. Oct. Nov. Dec. P.C. editing of elements Prepare CEQA Section HCD Review of Housing Element P.C. Hearing and Final Approva 1 Council Review and Final Approva 1 cc. Planning Commission Paul Skanchy