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1994/05/24 City Council MinutesRohnert Park City Council Minutes May 24, 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 6:30 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 the litigation matter as listed on the agenda attachment regarding Hillsboro Properties v. City of Rohnert Park. The City Attorney will be attending the status conference the Court has set for June 10, 1994 and will advise the Court to proceed with the pending appeals. If the ordinance is invalidated, there are other alternatives to consider. City Attorney Flitner confirmed the Mayor's comments and reviewed alternatives as signified in his memorandum dated May 24, 1994 (Copy attached to original set of these minutes.) ROLL CALL Present: (4) Councilmembers Eck, Gallagher, Spiro and Mayor Reilly Absent: (1) Councilman Hollingsworth (out of town on business) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, and Director of Public Works /City Engineer Brust. Approval Changes to the May 20, 1994 Council meeting minutes were recommended of as follows: Minutes City Manager Netter referred to page 8 regarding the ordinance for payment of interest on security deposits. He advised that this was tabled for thirty (30) days and the ordinance was not introduced. Councilwoman Gallagher referred to Department of Public Safety matters on page 4 and said there were several questions and answers that were left out. She had asked questions about Annual Report screening and a log for domestic calls for firemen; how often are fire persons replaced which was explained but no answer was given to fire response time which should have been in the record for future notice; also, there should have been a response to her question about working together with automatic response time as she thought that was important; she had asked about holiday fire coverage; and what could be done about citizen complaints related to kids hanging around Wal- Mart in the middle of the night. City Manager Netter said com mnts, questions and responses occur on agenda items and the minutes should only reflect action items and not every comment or question made at the meeting. Councilwoman Gallagher asked if it would be helpful to have questions presented by concerned citizens as that would have made it important enough to put in the minutes. Mayor Reilly responded that if every question asked by citizens and Council were put in the minutes each set would be over 30 pages long. He thought acknowledgment that a discussion occurred was sufficient for the record and pointed out that now there are video tapes available to review details, if desired. Rohnert Park City Council Minutes (2) May 24, 1994 Councilwoman Gallagher said the minutes are for the citizens and the video tapes are held temporarily and then destroyed. Councilwoman Gallagher referred to page 10, top paragraph, last line by Councilman Eck stating that "she got the publicity she sought" should be scratched as that was not actually what was said. Ms. Gallagher said she never did receive an answer to her question in the same paragraph on the Code of Ethics when she asked for a definition of what was meant. She had specifically asked for this definition and thought she should be given an answer. The Mayor responded if she wanted it on the next agenda she could give the clause to the City Manager. Councilwoman Gallagher said the last comment at the end of the referenced section, top of page 10, was also omitted regarding her request to have a third City Council meeting each month so more things could be done and the public could do more of the input and participation of the meetings. Councilman Eck referred to page 11, top paragraph, and said he would like to make one change under this section clarifying what he planned to do whenever a third Councilmemtber arrived at any Council Committee meeting. ADD: Councilman Eck also intends to announce that there is a quorum of the Council present as the reason for his leaving the meeting, and then exit. Councilman Eck said the review of these minutes reinforced his feeling, first of all, for the need of some kind of a general rule for discussions, as well as establish that the meeting minutes do have to be action minutes. If these are converted to congressional hearings, Council will lose a whole bunch of effectiveness. Who supports and does not support the motions for agenda items is all that is necessary to be recorded in the minutes. Councilman Eck said, for the sake of the fine clerical efforts that are made for the Council, and from his standpoint, if a Councilmember has a series of questions, he suggested submitting the questions in written form which could be added as an attachment to the record. The actual spirit of the minutes and the Council's job is to let people know on what and how we voted. As an example that the current procedure may be on the wordy side, Councilman Eck referred to the last sets of minutes over the past several months in which 20% to 3M of Council discussion is about themselves. When reading about a disagreement like the code of ethics, there is no overall impact for voters. Councilman Eck said he was perfectly willing to disagree during Council discussions but did not care that the record shows how Council reached the concluding result shown by the record. Whether a Councilmember is for or against a matter is shown by the 4 -1, 2-3, etc. Counc i 1 votes. He gave the further example that the code of ethics section in the May 10th minutes starts on page 9 and continues on through most of page 11. He found it amiss that a comparatively small amount of space and discussion time is signified in the minutes when major issues are discussed like the long -term sewage plan, moratorium or transportation items involving Council's responsibility to large sums of money. Rohnert Park City Council Minutes (3) May 24, 1994 Councilman Eck said he would like to see the meting minutes reflect action alone on the agenda items and whether the Council disagrees or not, the discussion is not the issue or relevant in the record. Councilman Eck thought Council should try to reference the better principles as it seems to be spending the most time on the least important and he was getting very tired of these debates. Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, the minutes of May 10, 1994 were unanimously approved as amended. Approval City Manager Netter responded to numerous Council questions pertaining of to the bills for approval. Mayor Reilly reminded Council to present Bills questions about the bills to the City Manager prior to the meetings in order to allow sufficient time to look up necessary information and be able to report on the items at the Council meting. Upon motion by Councilwoman Spiro, seconded by Councilman Eck, City bills presented per the attached list in the amount of $935,302.23 were unanimously approved. Non- agendaed Mayor Reilly asked if any Councilmember had any items to add to the matters agenda. Councilwoman Gallagher, Councilwoman, Spiro and City Manager Netter signified having miscellaneous items to add. 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. In most Appearances cases, the Council cannot handle an item without being listed on the agenda. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber. Persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Coleman C. Persily, Regional Manager of GSNDL, referred to the Hillsboro Properties case. He urged Council not to back off the capital improvements issue and requested Council not to allow a period of time without an ordinance. He reviewed appeal procedures related to past experience, and asked the Council to stand fast at least until November with the possibility that the people will vote in favor of the City Council taking over, especially if filing an appeal. W. Persily pointed out that they have well qualified attorneys to handle the case and asked the Council to file an appeal on behalf of the mobile home parks. Jake Mackenzie, 1536 Gladstone Way, reviewed concerns about Golis Park tennis courts being used for rollerblader hockey. He said these two sports are incompatible, not only because of the two different styles but because the roller blades damage the tennis courts. Mr. Mackenzie requested Council to have possibilities reviewed for rollerblading location alternatives such as other black top areas on school grounds. Jonnie Perrot, 73 Toyon Court, representing the five mobile home parks, shared contents of letter, for the record, confirming the 5 Park Committee unanimous support to appeal the Hillsboro Properties case. Mayor Reilly confirmed the announcement made at the beginning of this meeting regarding Council's directive for the City Attorney. Rohnert Park City Council Minutes (4) May 24, 1994 Marie Vinsick, 38 Estrella Drive, urged Council to take emergency steps of protection, such as adopting a local rent control ordinance, to cover any interim related to Ordinance 494 being validated. Mayor Reilly responded that this concern was also discussed during the closed session and the item would be on the next Council agenda. William Wadel, 254 Circulo Tierra, confirmed agreement with above comments related to the Hillsboro Properties case. He expressed appreciation to the Council for its attention to this matter. Melinda M. Murray, 4455 Hollingsworth, explained problems, including extensive damage to her home, related to being located near the 5th hole of the golf course. She expressed dissatisfaction with comYUnications with American Golf and their lack of action to help with the problem. She said American Golf asked her to put up a fence for which they would pay ha 1 f but she wanted it known, for the record, that the fence is not going to help the particular situation. Other residents in the area confirmed to Ms. Murray that they continue to have similar problems with the golf course. She further stated that the meeting with the architect, referred to her by Mark Flowers, General Manager of the Golf Course, was also unsatisfactory. City Manager Netter said this matter would be included in the Golf Course Committee report during the Council meeting of June 28, 1994. Ben Friedman, 655 Enterprise Drive, questioned what the current City Council is doing for the protection of future residents related to growth problems like provisions for drinking water and waste disposal, etc. Mayor Reilly responded that current discussions on options are proceeding. He said at some point the City will be considering a long range General Plan. Councilman Eck provided W. Friedman with the most recent Santa Rosa Sub - regional Long -Term Wastewater Project report. Charles Kitchen, 4945 Fern Place, referred to above comments of Mrs. M -irray and confirmed the same extensive damage to his home over a period of time resulting from the golf course. Over the preceding 8 weeks, W. Kitchen said he has collected a bucket of 87 golf balls picked up in his yard which shows the gravity of the situation. C O N S E N T CALENDAR Mayor Reilly asked if any Councilmember had any questions regarding the matters on the Consent Calendar. City Manager Netter said Resolution No. 94 -93 should be removed from the Consent Calendar for further review. Councilwoman Gallagher requested Resolution No. 94 -92 be removed for discussion. Council agreed. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No.94 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING THE WEEK OF AUNT 15 -21, 1994 "JUNIOR MISS WEEK" IN ROHNERT PARK Rohnert Park City Council Minutes (5) May 24, 1994 No. 94-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION AND RECOGNIZING THE EFFORTS OF OLD ADOBE DEVELOPMENTAL SERVICES (OADS) No. 94-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION TO THE MEWERS OF THE RAINBOW HILLS 4 -H CLUB No. 94-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION TO LAVONNE BAIN N0.94 -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF JEANNINE HARMATH c/o LAW OFFICES OF JULIA J. PARRANPO (Re. Alleged injury accident @ RP Expressway & State Farm Dr. with PSO Robert Ferry) Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, with Councilman Hollingsworth absent and except for the removal of Resolution Nos. 94 -92 and 94 -93, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. No. 94-92 AWARD OF CONTRACT, "A", "D ", "E" AND "S" PARKS, RESURFACING OF COURTS, PROJECT NO. 1994 -2 City Manager Netter referred to previous concerns expressed about rollerblading on tennis courts and said Council was provided with a responding staff report from Recreation Director Pekkain with suggested solutions to the problem. Dr. Buster, Superintendent of the School District has signified the Jr. High and High School tennis courts might be utilized for rollerbladers but it will be necessary for him to approach the School Board regarding the possibility. Councilman Eck suggested referring the matter to the Parks and Recreation Commission for recommendations on possible solutions and options for the Council to consider for rollerblading. Council agreed. City Manager Netter responded to Councilwoman. Gallagher's inquiry regarding how priorities are established for resurfacing courts in some parks versus the need for lights in other places. He said all city facilities need a proper maintenance schedule with the desire to keep facilities safe and up to certain standards. Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved with Councilman Hollingsworth absent, reading of Resolution No. 94 -92 was waived and said resolution was adopted. No. 94-93 AWARD OF CONTRACT, ANIML CAGES AND MISCELLANEOUS EQUIPMENT FOR THE NEW ANINAL SHELTER City Manager Netter advised that the bids were received just today on this item and recommended further review and discussion later on tonight's agenda. Council agreed. Rohnert Park City Council Minutes (6) May 24, 1994 Scheduled Public Appearances: 1. Bill Thomas, President of Rohnert Park Golf Associates, shared contents of letter confirming the joint meeting held on Monday, April 18, 1994 with representatives of all Rohnert Park resident golf clubs in attendance. He said that meeting with the City Council Committee has seemed to be getting attention from American Golf, however, they still wanted to bring their concerns to a Council meeting, for the record. Mr. Thomas said the resident golf clubs want to continue working with the Council Golf Course Committee toward solutions to the golfing concerns as presented in written form from the Rohnert Park Golf Associates. City Manager Netter advised that the next Golf Course Committee meeting has been scheduled for Tuesday, June 1st, 1994 at 6:30 p.m. to follow up on progress toward resolving the golfers' concerns. Hertzel Harrison, 4413 Hamlet Court, expressed concern about on -going meetings related to golfing problems. He questioned procedures for Council Sub - committee meetings and whether or not results of such meetings could be reported accurately to the full Council without recorded notes. He also questioned City procedures for distribution of correspondence to all Councilmembers. Mayor Reilly explained that all items addressed to any or all Councilmembers are received in the City Manager's office and copies are distributed to all five Councilmembers. Mr. Harrison referred to a previous letter written to the City Council on January 10, 1994 outlining golf course concerns with response letter from Mark Flowers of Nbuntain Shadows Resort dated January 25, 1994. Mr. Harrison said he continues to question exchanging work for green fees or cart use and whether or not the value is included to meet the IRS requirements for tax returns. This question also applied to issuance of specified lifetime passes. He also expressed concern about continued maintenance needs of the golf course and service /availability of the club house, bar and restaurant. Mr. Harrison felt this Council meeting provided the opportunity for these concerns to be on the public record and for the Council to be made aware of the situation and respond accordingly. RECESS Mayor Reilly declared a recess at approximately 7:34 p.m. RECONVENE Mayor Reilly reconvened the Council meeting at approximately 7:42 p.m. and, with the exception of Councilman Hollingsworth, all Councilmembers were present. 2. Lew Kuehm re. Founders' Day update - City Manager Netter advised that Lew Kuehm was out of town and, therefore, necessary to defer this item to a future agenda. 3. Ann Messerer, 1270 Camino Coronado, shared contents of Youth Alliance of Rohnert Park & Cotati (YARC) presentation report, informational flyer and proposed 1994 -95 expenses for a youth volunteer program proposal (ages 11 -16). Ms. Messerer responded to Council questions including Rohnert Park City Council Minutes (7) May 24, 1994 confirmation of interest in certain grant funding that might be available through the City for partial assistance of the proposal. The particular span of the age group involved in this proposal prevents participation with already established organizations like the Boys & Girls Club. She also expressed the desire to check into possibilities for use of the former A&W building as a central location for this proposal. Discussion concluded in a motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved, for the YARC proposal and funding request to be included in 1994 -95 budget reviews, and to forward to her the County's application form for the Youth Partnership Program. Child ID Program - City Manager Netter reviewed the staff report for this item. Mayor Reilly had requested this item be placed on the agenda to determine if the City Council supports preparation of a Child ID feasibility report. Discussion concluded in a motion by Councilman Eck, seconded by Councilwoman Gallagher, and unanimously approved, to proceed with the feasibility study for the Child ID Program. Paul Mash, Vice President of Marketing for Digital Catalog, 1400 North Dutton Avenue, Suite 17, Santa Rosa, Ca. 95407 offered assistance on the feasibility study. He said he had been in touch with the Polly Klaas Foundation that wanted to proceed with this program on a local level. He would be happy to provide any help he could along those lines. Cultural Arts Commission appointments: LaVonne Bain resignation - City Manager Netter referred to letter of resignation from LaVonne Bain, who has served for nearly 14 years on the Cultural Arts Commission. Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, the resignation of LaVonne Bain from the Cultural Arts Commission was accepted with regrets and with friendly amendment authorizing a letter of appreciation. Grace Gilbert appointment - Councilwoman Gallagher referred to letter of application from Grace P. Gilbert, who was a former Cultural Arts Commissioner, to one of the openings on the Cultural Arts Commission. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, Councilwoman Gallagher's nomination of Grace Gilbert as the Cultural Arts Commission appointment to serve out LaVonne Bain's term which expires on December 31, 1996, was unanimously approved. Councilman Hollingsworth nomination - It was noted that Councilman Hollingsworth was not present to make the nomination, as signified on the agenda, to serve out Betty Ferra's term on the Cultural Arts Commission which expires on December 31, 1994. Rohnert Park City Council Minutes (8) May 24, 1994 Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT PARK No. 586 MJNICIPAL CODE, TITLE 15, CHAPTER 14.20 PLLbBING CODE PROHIBITING GRAYWATER SYSTEMS USE AND INSTALLATION City Manager Netter explained this ordinance which was introduced at the previous Council meeting. Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, with Councilman Hollingsworth absent, reading of Ordinance No. 586 was waived and said ordinance was adopted. Resolution A RESOLUTION CREATING A TEMPORARY YOUTH COMMITTEE No. 94-95 Assistant City Manager Leivo explained the resolution for considera- tion and responded to Council questions. Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, with Councilman Hollingsworth absent and with changes to include City of Cotati and private schools of appropriate ages, reading of Resolution No. 94 -95 was waived and said resolution was adopted. Resolution A RESOLUTION AWARDING CONTRACT OF ANIMAL CAGES AND MISCELLANEOUS No. 94-93 EQUIPMWr FOR THE START -UP OPERATION OF THE NEW ANIMAL SHELTER IN THE CITY OF ROHNERT PARK City Manager Netter explained this resolution which was removed from the Consent Calendar for further review. Only one bid was received prior to the bid opening from Suburban Surgical for start -up operation cost of $28,907 and full operation cost of $53,889. A second bid was received after the formal bid opening and, therefore, could not be accepted, but for comparative purposes the late second bid from Shoreline was for start -up cost of $33,225.35 and full operation cost of $62,276.20. Staff recomrends accepting the lowest bidder start -up operation amount of $28,907 from Suburban Surgical as opposed to the total full operation cost at this time, as the Shelter will require approximately $30,000 additional funds for other equipmnt which is being considered. City Manager Netter indicated $15,000 been offered by FAIRE as a result of completing its fund raising effort to assist in the purchase of cages. Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved with Councilman Hollingsworth absent, reading of Resolution No. 94 -93 was waived and said resolution was adopted for the start -up costs of $28,907. ROHNERT PARK COMMIVITY DAY @ CANDLESTICK PARK - Mayor Reilly noted this item was listed under Matters for Council. He consented to public comment on the item at this time. Greg Norton, representing the Education Foundation of Cotati - Rohnert Park, shared contents of invitation letter and informational flyer for Rohnert Park Comninity Day at Candlestick Park on Saturday, June 11, 1994 with the San Francisco Giants vs. the San Diego Padres game to begin at 1:00 p.m. The local TOGO's restaurant is arranging a tailgate party prior to the game starting at 11:00 a.m. to support education. Mr. Norton explained how Rohnert Park Comiunity Day benefits the Cotati- Rohnert Park Education Foundation which supports local education through grants. Rohnert Park City Council Minutes (9) May 24, 1994 Empire Waste Management Presentation re. Curbside Yardwaste Pickup Program & Diversion Goals Mandated by AB939 Linda Nledders, representing Empire Waste Management, gave a slide presentation highlighting informational material provided to Council regarding the referenced item. Kelley Keogh, representing Empire Waste Management, reviewed her educational efforts including presentations to schools and other organizations to help inform the community of available options. Kevin Walbridge, General Manager of Empire Waste Management, responded to Council questions including status of recycling efforts for apartments and condos. A grant was received a few years ago that provided an offer to apartment complexes in Rohnert Park which resulted in a very fast track and high level of participation. The second wave of interest involved complexes that did not have room for necessary equipment but all received the standard curbside service. The Racquet Club Circle condos have been a good example of recycling efficiency and many people in the community have used them as an informational resource. There is no additional charge for requesting a second bin for a short time because of the seasonal cycle for yardwaste. The schools do count as part of the City's generated waste as does anything within a local jurisdiction. Discussion concluded in Council concurrence to send a letter to the School District urging leadership in recycling. Parks and Recreation matter: 1994 -95 Recreation Facility Priorities City Manager Netter explained this staff report provided to Council for informational purposes. The Parks and Recreation Commission held a public hearing during which there were no public appearances. The Commission updated the Recreation Facility priorities previously established in November of 1991. Mr. Netter advised that no action is necessary by the City Council at this meeting and that the list would be presented for consideration during the up- coming 1994 -95 budget work sessions. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 94-96 DECLARING ITS INTENTION TO SUBMIT A NEASURE TO APPROVE THE DEVELOP - MWr, CONSTRUCTION OR ACQUISITION IN ANY Mg12NER OF TAW RENT HOUSING PROJECTS FOR CONSIDERATION BY THE ELECTORATE OF THE CITY OF ROHNERT PARK City Attorney Flitner explained the resolution which he was asked to review and revise the draft resolution at the previous Council meeting. He shared contents of his memorandum dated Nay 18, 1994 advising that the measure should follow the language of Article 34 so that the electorate is not confused by the Measure and what it is asked to decide, as well as prevent the additional risk of being challenged legally. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved with the absence of Councilman Hollingsworth, the reading was waived and Resolution No. 94 -96 was adopted. Rohnert Park City Council Minutes (10) May 24, 1994 Cable TV matters: 1. Cable TV Franchise renewal - Assistant City Manager Leivo shared contents of staff report updating the Council on Cable TV Franchise renewal proce- dures with MultiVision Cable TV. This report was provided for informational purposes. 2. Cable TV live broadcasting equipment package - Assistant City Msnager Leivo said staff report regarding this item was provided to Council. He responded to various Council questions. Mr. Leivo reminded Council t::at along with the provision of live broadcasting, additional City staff would be necessary fol the required attention to the equipment. He also emphasized a change that was not anticipated io. the 1992 Cable Act that allows MzltiVision to add a line item to cable bills to collect the fees through pass throughs of charges. The application to prior agreements is recognized in the Cable Act. Discussion included suggestion by Councilman Eck that one TV camera, as presently used, would seem sufficient to provide the overall picture versus the added expense of additional cameras. Councilwoman Spiro expressed concern related to the line item addition to cable bills and said if the rates are going to be passed on to the citizens, Council should reconsider the matter including the need for a public hearing prior to making a decision for live broadcasting. Councilman. Eck said he liked the idea of live broadcasting the Council meetings if it does not increase costs to citizens. Councilwoman Gallagher expressed concern that the request for live broadcasting has gone on for years and been stalled, being told last year that it would be done by May of 1994, and now it is stalled again. She thought the line item addition to the cable bills was known previously and that the cable company should honor the original agreement. Council concurred that legalities of pass throughs should be reviewed more thoroughly at the next Council meeting with request for City Attorney Flitner and Cable TV Consultant Carl Pilnick to provide legal opinions, as well as invite Fran Parkey, General Manager of MaltiVision to respond to the issue, before proceeding any further. 3. Telecommunications Market - Assistant City Manager Leivo shared contents of staff report pertaining to recommendation by the League of California Cities to oppose HR 3636 (Markey, D-MA) which would remove many of the regulatory powers and protections provided by cities. A summary on this item was faxed from Representative Lynn Woolsey and distributed to Council. For Council's consideration, staff prepared a draft letter opposing HR 3636. A motion was made by Councilman Eck, seconded by Councilwoman. Spiro, and unanimously approved, to send letter over the Mayor's signature opposing HR 3636 to Representative Lynn Woolsey and local chairperson representative. Rohnert Park City Council Minutes (11) May 24, 1994 Transportation matter: Resolution RESOLUTION OF THE CITY CCLNCIL OF THE CITY OF ROHNERT PARK SUPPORTING No. 94-97 THE INCLUSION OF MAJOR PROJECTS IN THE METROPOLITAN TRANSPORTATION COMMISSION REGIONAL TRANSPORTATION PLAN City Manager Netter explained the resolution. Councilman Eck commented that this expenditure plan goes back to the previously mentioned $80 million that has been held in reserve and this is an effort to release those funds. Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved with Councilman Hollingsworth absent, reading of Resolution No. 94 -97 was waived and said resolution was adopted. Communications - Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Councilwoman Gallagher referred to letter from Senator Quentin L. Kopp responding to her previous inquiry about how the Brown Act applies to City Council standing committee meetings. Mayor Reilly responded that the referenced letter was received too late to be included on tonight's communications list and, therefore, could not be handled on this agenda. Councilwoman Spiro referred to item #16 on communications from Association of Bay Area Governments (ABAG) pertaining to the majority vote approving ABAG's Platform on Restructuring Government. She pointed out that there were two votes against this, one of which was the City of Rohnert Park. Councilwoman Spiro referred to item #19 on communications from National League of Cities encouraging participation in observing Flag Day on June 14, 1994. She encouraged requesting the informational materials about organizing Flag Day events. City Manager's report: 1. PAC Endowment /Fund Raising report /update - City Manager Netter said the PAC financial statements and audits over the past three years show that audits have been completed according to general rules of the county. The reports give definitions of funds according to accounting rules and regulations and also shows that funds have not been put into the general fund. These reports were provided for Council's information and for the record. Also, use of the donation forms have been implemented to minimize misunderstandings. 2. Proposed Public Notice re. Dog "littering" - City Mmager Netter said this staff report provides a creative approach for this item. He recommended placement of the information in the next utility billings. A motion was made by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved, to place the Public Notice related to dog "littering" in the next City utility billings. Rohnert Park City Council Minutes (12) May 24, 1994 3. 1994 -95 Budget update - City Manager Netter advised that the proposed budget for 1994 -95 would be presented to the Council at its meeting of June 14, 1994. Council concurred to hold the first budget work session on the following Tuesday, June 21st, 1994 at 6:00 p.m. 4. Senior Center Space - City Manager Netter updated the Council on space available in the Codding Center for use by the Senior Center. The final conclusion was that the Finance Department would be utilizing two rooms as a result of negotiating an agreement with the seniors to put the pool table in the far meeting room. This would separate the pool table from the card playing area and the two offices will be maintained without removing any walls. 5. Volunteer Center of Sonoma County - City Manager Netter informed the Council that the Volunteer Center has moved into an office in the Southern Station on Maurice Avenue. Liz Cochran has been assigned by the Volunteer Center to supervise the Rohnert Park office and will organize an open house in the near future. 6. Report on Spring Cleanup and Recycling Event - City Manager advised that this event was held on May 6, 7, & 8 and May 13, 14, & 15 in the parking lot at 49er Pet since the Stadium parking lot was not available due to Northbay Breakers events. Composting recycling was not done at this alternate location because there was not enough room. The Spring Cleanup was very successful and the Public Works Department did a good job assisting and picking up large items from homes. 7. Observance of Sonoma County Non - Violence Day, May 20, 1994 - City Manager Netter explained the observance of this day as encouraged by previous adoption of Council resolution supporting same. City Attorney's report: 1. Sim II vs. City of Rohnert Park (Las Casitas) - City Attorney Flitner reviewed the referenced proceedings related to rent increases. He said all we had to do was respond and, as far as he could tell from the argamcnts, we did fine. Most of the questions were directed to Attorney Spangenberg and there were about 4 pages worth of findings. The Sime I case is also before the same panel and whether or not anything changes would be held up pending decisions. He did not think anything would have an impact on changing the situation so thought it was advisable to proceed as the people have been waiting long enough. Sim II looks favorable. 2. Hillsboro Properties vs. City of Rohnert Park - City Attorney Flitner acknowledged that this item was reviewed at the beginning of this Council meeting. He shared contents of his memorandum dated May 24th, 1994 to further explain details of this matter. Mr. Flitner confirmed that the final decision of whether or not to appeal this case can be made by the Council at its meeting of June 14th, 1994. Rohnert Park City Council Minutes (13) May 24, 1994 Natters from/for Council: 1. Sonoma County Associates for Youth Development /24 Hour Relay Challenge -City Manager Netter advised this event is scheduled June 4 & 5, 1994. The letter from SCAYD requesting Council approval of prize partici- pation as provided in the past was received today. Since the event will be held prior to the next Council meeting, City Manager Netter said Council approval could be ratified on the June 14 Council agenda and requested Council to signify intent to provide the pool and sports center memberships, as requested, for a total value of $375.00 A motion was made by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, directing a favorable letter of intent to SCAYD for approval of participation with prizes for the upcoming 24 Hour Relay Challenge, as requested, for a total value of $375 for a family pool membership ($150) and an individual sports center membership ($224) to be ratified on the June 14, 1994 Council agenda. 2. Sonoma County Transit /Bus Stop Dedication - City Manager Netter advised that Sonoma County Transit has indicated the desire for the Commerce Blvd./Warren Hopkins Bus Stop Dedication. Council concurred to mid - afternoon on Wednesday, June 22, 1994. 3. Council Committee Meeting Attendance - Councilwoman Gallagher asked the City Attorney to advise if the previously referenced response letter from Senator Kopp pertaining to Brown Act requirements could be discussed at this time. City Attorney Flitner responded that as he understands the rule now, if you seriously want to discuss an item, it needs to be placed on the agenda. Councilman Eck commented that as long as no action is taken, Council can discuss other items. Council- woman Gallagher shared portions of letter response from Senator Kopp dated May 19, 1994 that he was aware of no provision in current law for precluding a third member from exercising their rights as an ordinary citizen to attend and observe such committee meetings. She said her reasons for requesting the explanation was that she thought it would save some time as all of us have asked for expert help to interpret the Brown Act requirements. Senator Kopp signified in his letter that he has asked the Legislative Counsel to provide an opinion on this issue and he also requested an opinion regarding the validity of a local ordinance which precludes a third member from attending an open and noticed committee meeting. He will forward the opinions as soon as available. Councilman Eck said this has hit a gray area in the law. An ordinance is not needed in order to allow or prevent such meeting attendance because of the right of free speech. He preferred not to go into What it all means at this time. Councilwomman Gallagher read contents of her letter to the Council making the formal request and notifying that she would be attending all of the sub - committee, ad -hoc committee, standing committee, and /or temporary committees with ongoing subject matter beginning today, May 24, 1994 and continuing as long as she is serving as a Councilmember on the Rohnert Park City Council. She also requested personal written or oral notification by the City of Rohnert Park as soon as the corresponding agenda has been posted. With her understanding that with notification by a third Councilmember, such as this one, all sub- committee meetings must be properly noticed at least 72 hours prior to the meeting taking place and that they are open to the public. Rohnert Park City Council Minutes (14) May 24, 1994 Discussion followed during which Council shared differing opinions related to the complexity of this matter especially to the issue that Ms. Gallagher's notice potentially signifies that all such Council Sub - Committee meetings become full Council meetings. Councilman Eck advised that he did not support Councilwoman Gallagher's letter and said she could become the Council Committee Member on any of his Committee appointments as he would simply prefer not to attend such Committee meetings where a quorum is created. He gave confirming examples of creating a decision making body per Paul Golis of the Press Democrat and action of the City of Cotati whereby they were advised that one member should excuse themselves if a third Council- member arrives at a meeting. Councilman Eck said Councilwoman Gallagher could come to any Committee meeting he was attending and he would exercise his right to excuse himself because of the creation of a quorum. Councilwoman Gallagher recommended to finally have a Brown Act expert attend a Council meeting to interpret requirements. Council- man Eck suggested Ms. Gallagher just go ahead and do as she wants as this thing has been beaten to death and we need to agree to disagree. 4. Laguna de Santa Rosa Foundation - Appointment to Coordinated Resource Management & Planning (CRMP) Task Force - City Manager Netter said public notices were sent to the local press for this item. Debbie Hales, 825 Liana Court, signified her interest in the appointment to the CPJV1_P Task Force. The Mayor confirmed that an application form could be obtained from the City Manager's office. 5. Western Baseball League Press Conference scheduled at the Red Lion Inn at 1:00 p.m., Wednesday, May 25th, 1994 - Announced by the Mayor 6. Rohnert Park Arts Association Reception honoring LaVonne Bain at the Spreckels Meeting Room from 4 to 6:00 p.m. on Thursday, May 26, 1994. The Mayor announced this event. 7. Rohnert Park Community Day at Candlestick Park, 1:00 p.m. on Saturday, June 11, 1994 with preceding tailgate lunch at 11:00 a.m. to benefit local education - The Mayor announce this event as reviewed previously during this meeting. 8. Letter from Independent Cities Association dated May 13, 1994 expressing opposition to AB 3156 (Tucker) regarding the attempt to remove the right of cities to make decisions relating to emergency ambulance service without the approval of the County Boards of Supervisors - Ms. Spiro requested this letter be placed on the next Council agenda of June 14, 1994. 9. Letter from League of California Cities dated May 18, 1994 urging support of AB 13 (T. Friedman) regarding smoking control and removal of hostile pre - emption amendment which once again allows local governments to regulate smoking in areas not covered by the 100 percent smoking prohibition. Councilwoman Spiro recommended a letter of support over the Mayor's signature. Council agreed. 10. Non- smoking bingo games - Ms. Spiro requested placement of this item on the next Council agenda of June 14, 1994 for consideration of inclusion in the City's Smoking Ordinance. Discussion included direction to advise non - profits that continue to permit smoking at bongo games, like PAL, that this item will be on the next agenda. Rohnert Park City Council Minutes (15) May 24, 1994 11. Citizen commendation - Councilwoman Spiro reviewed a call she received from Rhoda Bernie expressing appreciation for emergency assistance from Jeff Vannot from Home Express. She requested a proclamation or letter of commendation and appreciation from the Mayor. Mayor Reilly agreed a letter would be appropriate. 12. Youth Job Center at Court House Square - Ms. Spiro recommended looking into the Youth Job Center that has opened in the Court House Square rather than reinvent the wheel. 13. Senior Center report - Councilwoman Spiro said the Senior Center report signified netting $4,685.13 this year on dances and they still have one dance left. They have requested the City to re- institute the Health Fair program. 14. City of Petaluma /covered metal at railroad tracks - Ms. Spiro said she heard about this and would like it looked into for Rohnert Park. City Manager Netter responded it is an item in the upcoming budget reviews. 15. Sister Cities Committee report - Councilwoman Spiro referred to conmmications from the Sister Cities Committee requesting the City to host a dinner in honor of a 5 or 6 member group coming to Rohnert Park from the City of Hashimoto, including the new Mayor, for a few days beginning July 29, 1994. Several students for Hashimoto will also be coming to Rohnert Park for several days at the same time. The Sister Cities Committee will be asking the School District about hosting a dinner, too. There could be as high as 50 people invited including Councilnmbers, School District representatives, City administrators, visitors, etc. W. Spiro suggested the possibility of having the occasion at the Wine Center. She talked to Linda Johnson of the Wine Center who thought something could be arranged. Councilwoman Spiro thought it best not to wait until budget reviews to consider this request because of the timing factor. Discussion followed regarding the merits of continued good relationships between the two cities. 16. D Section Town Hall Meeting - Councilwoman Gallagher said the minutes were done on her recent D Section Town Hall Meeting and if Council would like, copies could be provided. She had asked City Engineer -CORRECTION from Brust about the progress on the Expressway overpass and his response 6/14/94 Council was related to Caltrans procedures. Ms. Gal lagher' "`e��-i-f- 3 meeting: Change State legislators. City Engineer Brust statement to responded that he has a call into a person working on the environ- "Ms.Gallagher said mental document and as soon as he hears from him, W. Brust will be she wanted to hel able to decipher whether or not there is a hold up on the project. P and would communicate the need to State legislators ". 17. Press Democrat coverage - Councilwoman Spiro said the reason she brought up the amount of the check the City paid to the Press Democrat at the beginning of this Council meeting was because of her concern about the lack of local coverage for events like the Follies, A. M. Rohnert Park, Chamber of Commerce, etc. If we cannot get local services advertised, maybe alternatives should be considered. 18. Women Against Rape - Councilwoman Gallagher said she would like to actively help work on the draft resolution requested by representa- tives of Women Against Rape at the previous Council meeting following review of the issue by the Director of Public Safety. Mayor Reilly indicated that staff's recommendation would be brought back to the full Council for discussion. Rohnert Park City Council Minutes (16) Vey 24, 1994 Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an Appearances appearance at this time. Holly Blue, 1312 Goldway, questioned the logic of awarding the contract for start -up versus full operation cost for animal cages and miscellaneous equipment of the new animal shelter. She asked if the $15,000 portion contributed by FAIRE could make it possible to proceed with the full operation especially since the total amount came in at such a good bid. She did not want to miss getting a good deal. City Manager Netter explained the reasoning for going with the start- up operation because of inclusion of other necessary equipment and furnishing items at an approximate cost of $30,000. The remaining list of other items could be re-bid later. To do the full operation would amount to a total of approximately $70,000 which would mean the City would have to locate another $25,000. Council discussed various angles of this matter and concluded the need to hold off on the decision to get a better perspective. Leon motion by Councilwoman Gallagher, seconded by Councilman Eck, and unanimously approved, Resolution No. 94 -93 was rescinded with request for comparative itemization of the options. City Attorney Flitner, City Manager Netter and Director of Public Works /City Engineer Brust responded to further Council questions confirming reasons for the fast track approach not to hold up the project, that the bid is good for 30 days, and change orders can be negotiated with the bidder because of the unit price contract. Resolution A RESOLUTION AWARDING CONTRACT OF ANIMAL CAGES AND MISCELLANEOUS No. 94-93 EQUIPNENT FOR THE START -UP OPERATION OF THE NEW ANIMAL SHELTER IN THE CITY OF ROHNERT PARK Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved with the absence of Councilman Hollingsworth, signifying re- instatement of Council's previous decision, Resolution No. 94 -93 was adopted. Debra Hales, 325 Liana Ct., recomm°nded asking moire Waste Management to supply extra bins in the parks and other city facilities for special events. Adjournment Mayor Reilly adjourned the meeting at approximately 9:54 p.m. 1/2. . 1/// Deptil Cit Jerk jh ", MEMORANDUM TO: City Council RE: Hillsboro Properties v. City of Rohnert Park DATE: May 24, 1994 FROM: City Attorney wl Judge Fern Smith granted the motion for Summary Judgment filed by Hillsboro Properties (Rancho Grande) and denied the Motion for Summary Judgment filed by the city in the above action. Simply stated, the court held that the allow pass throughs of capital improve: reasonable rate of return" (profit) on (investment). In deciding against the city the court Circuit case of Sierra Lake Reserve v. controlling. city :rents the held City was obligated to including a "fair and capital improvement that the Ninth of Rocklin was The Court set June 10, for a status conference. At that time the court will advise as to its decision. Since the general thinking of the court is known the main question is whether Ordinance No. 494 will be invalidated completely or whether only a portion of the Ordinance will be found deficient. Section 13 of Ordinance No. 494 contains a severability clause (if one portion of the ordinance is invalidated the remainder of the Ordinance is still valid) and the Court may decide that only the failure to allow for the capital improvement pass through should be invalidated. If the Ordinance is invalidated in part the question of how to allow capital improvements as a pass through will arise since only the electorate can amend the Ordinance. Possibly rules and regulations can be adopted to address the discrepancy. If the whole Ordinance is invalidated, the alternatives are as follows: 1. Move to reconsider the decision. This Motion must be filed within ten (10) days of the date the judgment is filed and must show the existence of new law or facts or a different application thereof that could not have been presented before. 2. Appeal. If an appeal is filed it must be filed within thirty (30) days of entry of judgment. 3. If the judgment is not appealed and is reported the result would be harmful precedent to the tenants-and other cities. Respectfully submitted, John D. Flitner City Attorney ()J �'