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1991/03/26 City Council MinutesRohnert Park City Council Minutes March 26, 1991 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Eck presiding. CALL 70 CRDER Mayor Eck called the regular session to order at approximately_ 7 :08 p.m. and led the pledge of allegiance. Mayor Eck advised that a closed session commenced this evening at 6:30 p.m. to discuss litigation matters, personnel matters, and real estate negotiations. He said a lawsuit and a potential lawsuit were reviewed being the Price Club /Expressway Mall and the threat of lawsuit from the City of Cotati. He said no action was taken and there was nothing to report at this time. Mayor Eck welcomed the Boy and Girl Scouts who were present at tonight's meeting to participate later in the Scouts Mock City Council Weting. He said Council would proceed with a portion of the regular Council meeting for the Scouts' observation Prior to coming forward at the scheduled time on the agenda. ROIL CALL Present: (5) Councilmembers Hollingsworth, Hopkins, Reilly, Spiro and Mayor Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, and City Engineer Brust . Approval of Minutes Upon motion by Councilman Hollingsworth, seconded by Councilman Reilly, the minutes of March 12, 1991 were unanimously approved following inquiry from Councilm n-ber Spiro in reference to page 2, paragraph 3 regarding the policy instituted for purchases exceeding $5,000 and said she thought the amount was $3,000. City Manager Netter responded that the amount was $5,000 for the more formal procedure. Approval of Bills Upon motion by Councilman. Hopkins, seconded by Councilmember Spiro, and unanimously approved, the bills presented per the attached list in the amount of $903,400.03 were approved. Miatters endaed Mayor Eck queried if any Councilmember had any non- agendaed items to add to the agenda. City Manager Netter said he had four miscellaneous items to add under City Manager's Report. Rohnert Park City Council Minutes (2) March 26, 1991 Unsctuxbled Public Mayor Eck stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to make a comment may do so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. C O N S E N T C A L E N D A R Mayor Eck queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Wmo. Councilmember Spiro said she had questions regarding Resolution No. 91 -64 and Item D and requested both be removed from the Consent Calendar. Council concurred. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -60 REJECTING THE CLAIM OF MICHAEL LAMONT DOUGLAS (c /o Benjamin Lusk, Jr., Attorney) Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -61 REJECTING THE CLAIM OF DARYL R. WHITTLE (c /o Benjamin Lusk, Jr., Attorney) Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -62 APPROVING AN A!GREMM FOR AUDITING SERVICES WITH THE FIRM OF DELOITTE & 1U)CHE Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -63 AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION CONNQSSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT /STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL Yzo 1O°i - °2 Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -65 APPROVING AN AGREEMENT FOR FISCAL AGENT SERVICES WITH THE OOLtM OF SONCMA (RE: MIT.r.R M AVENUE ASSESSMENT DISTRICT, PROTECT 1988 -1) Approval of Parcel Map No. 126, Codding Enterprises, accepting dedication of Parcel "A ", public utility easement, at Rohnert Park Expressway and Labath Avenue Ratify appointment of Burbank Housing Development Corp.'s nominees to serve as ex- officio members of the Interim Housing Task Force -Arnold Sternberg (member) Nick Stewart (alternate) Rohnert Park City Council Minutes (3) March 26, 1991 Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, with the exception of Resolution No. 91 -64 and Item D, the Consent Calendar as outlined on the meeting's agenda was approved. Councilmember Spiro referenced Resolution No. 91 -64 and asked, in regard to the funding application, if the City would then be obligated with the State's approval. City Manager Netter responded no. Resolution No. A RESOLUTION AUTHORIZING THE APPLICATION FOR LOAN FUNDS 91 -64 11ROUGH 71-E CALIFORNIA TRANSPORTATION OC"USSION FOR LOCAL PROJECTS ON THE STATE HIGHWAY SYSTEM Leon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, Resolution No. 91 -64 was adopted. Councilmember Spiro referenced the $250 contribution for the Rancho Cotate High School awards banquet and said she thought this item should be a budget item if it is a yearly event. City Manager Netter responded that it is an annual event and that in past years the City has contributed this amount for the awards banquet. Council agreed that this item should be included in the City's annual budget review. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to authorize the contribution of $250 to Cotati- Rohnert Park Lhified School District to be used as cash award for Academic Achievement Awards presentation. Scheduled Public Appearances: Eric Glass, Architect -Eric Glass, Architect for Roland/Miller /Associates presented two architectural design awards for the Dorothy Rohnert Spreckels Performing Arts Center, the first being from the Redwood Ecrpire Chapter of the American Institute of Architects Which was an Honor Award for excellence in design, and the second from the California Park and Recreation Society for the 1990 State Facility Design Award for special purpose area or facility. He explained the background and process for choosing the recipients of these awards. There were forty entries for the first award mentioned with the Performing Arts Center receiving the highest award given. The second award mentioned was one of only three building projects in the State. He said these awards represented the outstanding example of how buildings can contribute to a whole complex as well as reasons for people choosing to live in a comninity. Mayor Eck expressed appreciation to Mr. Glass and his firm for designing a beautiful building. Rohnert Park City Council Minutes (4) March 26, 1991 M3 y Brake May Brake, representing Sonoma County Coordinator Jay Stewart for Greater Bay Area Mediation Week, referenced copies provided to Council of letter dated March 15, 1991 from Jay Stewart requesting the Council to approve a proclamation declaring April 7 -13 to be Nadiation Week. She explained the purpose of this request as outlined in materials attached to above- referenced letter detailing activities around the Bay Area for Nadiation Week. A motion was made by Councilman Hopkins, seconded by Councilmarber Spiro, and unanimously approved, to prepare a proclamation declaring April 7 -13 to be Mediation Week. City Manager Netter said a proclamation was prepared for Council's consideration tonight regarding the declaration of Mediation Week and it will be processed and presented to Mr. Stewart for Greater Bay Area Nadiation Week. Celebrity Wrist City Manager Netter referenced copies provided to Council of Wk-estling Event materials dated March 7, 1991 which were distributed at the previous Council meeting by Terry Hilton representing "Celebrity Wrist Wrestling Championships" requesting financial support for this event in the ammunt of half of the initial costs of $12,000, or $6,000. He said Council deferred this matter to tonight's agenda in order to allow additional time to evaluate the proposal. Mr. Netter said he had talked with a representative of the Crane Nalon Festival who advised that consideration was given to Mr. Hilton's proposal but decided not to include the wrist wrestling event in the upcoming Crane Melon Festival. A motion was made by Councilman Hollingsworth, seconded by Councilmenier Spiro, and unanimously approved, to deny Terry Hilton's request for financial support toward the Celebrity Wrist wrestling event. Discussion followed during which Council reviewed reasons for denying financial support to this event such as not being ready to provide the large ammunt of seed money requested, that it would be more advisable to contribute directly to any charities that might benefit from the event, and that the costs presented seemed out of line compared to efforts of the project. T's Academy City Manager Netter explained that copies were provided to Council of letter dated March 11, 1991 from Rev. Sam Tharpe of T's Academy requesting donation of city land for construction of a school. Rohnert Park City Council Minutes (5) March 26, 1991 Mayor Eck distributed to Council copies of City Attorney's opinion dated March 26, 1991 with respect to "gift of public funds ". City Attorney Flitner shared contents therein stating that the donation of any parcel of substantial value would be contrary to Article XVI, Section 6 of the California Constitution which prohibits gifts of public funds. He said the Council is not prevented from budgeting certain amounts for music and promotion, including sister city and town affiliation programs, but that amount cannot exceed 5% of the general fund per Government Code, Section 37110. Reverend Sam Tharpe, Principal of T's Academy, reviewed contents of his above- referenced letter. He said T's Academy works with youth that others do not want to work with, there are currently members of the commmity offering materials and labor toward the construction of a school, and the school is in dire need of a site. Discussion followed during which Council compared similarities with Channel 22's request for land last year which was resolved through a lease agreement on City -owned land. Suggestion was made that consideration could be given to this type of approach for the current needs of T's Academy. A motion was made by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, to direct staff to review possibilities regarding a site for T's Academy and report back to Council with a recommendation. City Outreach Councilmember Spiro said the City's Community Resource cn Youth & Families Specialist Kathy Vander Vennet was present at tonight's meeting to respond to questions and that copies were provided to Council of her memo dated March 20, 1991 regarding involvement of Cotati with the Commmity Outreach for Youth and Families (OOYF) Committee. Copies were also provided to Council of memo dated March 21, 1991 from Assistant to the City Manager Carl Leivo regarding Summary of Activities for Youth and Families Program. Councilmember Spiro said the Information and Referral program is up and running. The next step would be to proceed with the Call for Applications. Councilmember Spiro and Assistant to the City Manager Leivo reviewed examples of proposals such as the STEP Into the Future self -esteem/discovery program for teens scheduled for next month which will be received as a result of the Call for Applications previously reviewed by Council and distributed to agencies. Rohnert Park City Council Minutes (6) March 26, 1991 Discussion followed during which Mayor Eck emphasized the necessity of COYF's reporting structure to keep Council apprised and actively involved in relevant decisions. Concerns were expressed regarding the original purpose and intent of COYF, complications that could evolve from breaking into the human services area, budget mechanisms, and fund raising. Ilayor Eck directed staff to prepare OOYF guidelines for review at the next Council meeting. He said these guidelines should be similar to the structure of the Parks and Recreation Commission regarding procedures and items that require Council action. He said routine matters such as facility scheduling would not need Council approval. Council agreed. Healthy Cities Assistant to the City Manager Leivo referenced copies provided Tobacco Control Proj. to Council and shared the contents therein of staff report dated March 7, 1991 regarding the Healthy Cities Project Tobacco Control Plan 1991/Rohnert Park Smoke Free City Project dated February 28, 1991 developed by the Healthy Cities Steering Committe with the services, free of charge, of Ellen Feighery from the Stanford Center for Research in Disease Prevention. He said the City has received a $150,000 grant from the State for this tobacco control project of which a contract is expected shortly from the State. The City is currently advertising for the temporary position of an administrative coordinator for the implementation of this project. Discussion followed during which Council reviewed the logic of more stringent smoking ordinance requirements as conpared to the possible effectiveness of the above- reviewed voluntary type program. Assistant to the City Manager Leivo explained that the City's smoking ordinance primarily addresses secondhand smoking whereas the aim of the project reviewed tonight is to help individuals to quit smoking, directs individuals to self -help programs, and helps youth to quit smoking and /or keeps them from adopting the habit. The emphasis of Rohnert Park's Healthy City Project "Smoke Free City" is structured on a "Voluntary" program for businesses and organizations in Rohnert Park. Further discussion followed regarding whether the project should be expanded to include the City of Cotati. A motion was made by Mayor Eck, seconded by Councilman Hollingsworth, and unanimously approved, to focus resources for the tobacco control project on Rohnert Park and not incorporate the City of Cotati into the program. Recess Mayor Eck declared a recess at approximately 7:59 p.m. for the Boy /Girl Scouts Mock City Council Meeting. Rohnert Park City Council Minutes (7) March 26, 1991 Boy /Girl Scouts Mxk Mayor Eck assisted the Scouts to assigned seats and reviewed City Council mg. the Scouts' activities throughout the day involving various City Departments culminating in the Scouts conducting this Nbck City Council Nbeting with copies of the agenda provided to the audience. Scout Mayor Krista Shields called the Mock City Council Meeting to order at approximately 8:00 p.m. and took the roll call. Present were Scout Vice Mayor Shawna Lenhares, Scout Councilmember David Turover, Scout Councilmember Lela Martin, Scout Councilmember Lane Kasselman, Scout City Menager Betsy Meuchley, Scout City Attorney Galen Durbin, Scout Director of Public Safety Sean Place, Scout Recreation Director Jenny Dehnert, and Scout Planning Director Keith Rail. Other Scouts present who participated in Scouts in Government Day were Eric Grahm, Keith Durbin, Jess Krogh, David Lang, and Kelly Dewell. Scout Mayor Shields initiated discussion concerning three topics: 1) Teen Sports, 2) New Animal Shelter, and 3) More Clothing Stores. Scout Department Heads gave reports on the items listed, public hearings were held on the first two items, and motions were made with approvals to have more games for teens, enlarge the animal shelter, and develop more clothing stores. Under Miscellaneous Items the Scout Council discussed possibilities of developing a teen center and requested the Scout City Menager to put this item on the next agenda. Scout Councilmember Kasselmen suggested that the 911 phone number be used for any kind of problem such as young people frightened by door knockers and other noises to which a citizen in the audience responded that the 911 number should be used for emergencies only. Scout Council agreed. Lbder Uinscheduled Public Appearances, Joe King (joking!), 007 East Cotati Avenue, said he was tired of seeing graffiti on walls and asked Scout Council what it intended to do about the problem to which Scout Council agreed to turn the matter over to the Public Works Departments for review and handling. Scout Nhyor Shields adjourned the Nbck City Council Nbeting at approximately 8:25 p.m. Mayor Eck expressed appreciation to all the participants of the Scout Nbck City Council meeting. RECESS Nhyor Eck declared a recess at approximately 8:26 p.m. RDOCNVFNE Mayor Eck reconvened the Council meeting at approximately 8:36 p.m.. with all Councilmembers present. Rohnert Park City Council Minutes (8) March 26, 1991 Ordinance No. 534 AN ORDINANCE AM MING CHWM 2.08, CaJNCIL PROCEDURAL RULES OF THE CITY OF ROiNERT PARK City Manager Netter said Council discussed the possibility of changing the time of City Council meetings at the previous meeting due to the fact that Council generally holds a closed session meeting prior to regular meetings. In order to make this change, Ordinance No. 464, which establishes Council procedures and rules, would have to be amended. He said copies were provided to Council of an ordinance for consideration/introduction if Council so desires to change its meeting times. Staff recommends changing meeting times to 6:30 p.m. since this could be done without modifying the ordinance because the regular session could still begin at the established time of 7:00 p.m. as well as allow consideration for possible commuter residents interested in attending Council meetings. Discussion followed during which Council agreed it would be a good idea to change the meeting times to begin at 6:00 p.m. and adjourn at 10:00 p.m. with confirmation that there could be more flexibility in the scheduling of public appearances with closed sessions and items of little or no public interest scheduled during the earlier hour. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, Ordinance No. 534 was introduced with friendly amendment by Councilman Reilly to start next meeting's closed session at 6:30 p.m. so the regular meeting can begin at 7:00 p.m. which would be prior to the public hearing and consideration to adopt Ordinance No. 534. Millbrae Avenue City Manager Netter referenced plans on display and said Assessment Dist. copies were provided to Council of resolutions for consideration regarding Millbrae Avenue Assessment District, Project No. 1988 -01 which is a project located at the northwest corner of the City on Millbrae Avenue and Dowdell Avenue and includes improvements to Millbrae Avenue s-Laroru ding the old Redwood Drive -in site which is now the proposed Wal --Mart site continuing south around Dowdell Avenue. Council has been provided with the complete Engineer's report and location map of this Assessment District. All these resolutions deal with the actual sale of the assessment bonds through the firm of Stone & Youngberg. Assessment district costs for street and road improvements are born by the property owners who benefit from the improvements. The entire Assessment District total amount is $1,447,044 of which will be assessed against the property within the district. A public hearing is scheduled at this time to receive Public convent on the Assessment District. Mr. Ed Ness, representative of Sturgis, Ness, Brunsell & Sperry and Mr. Sohail Bengali, representative of Stone & Youngberg were both present at tonight's meeting to answer questions. Rohnert Park City Council Minutes (9) March 26, 1991 City Manager Netter indicated that sealed bids were opened with Vintage Paving being the lowest responsible bidder for a contract amount of $998,495.80. This is a very good price and, if Council proceeds, staff recommends award of contract. Public Hearing Mayor Eck opened the public hearing at approximately 8:50 p.m. Peter Ochs Peter Ochs, 80 Wilfred Avenue, asked if annexation had been done from Santa Rosa for his neighborhood and wondered if a 4 -way stop sign was proposed at D6wdell and Wilfred Avenue. There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 8:52 p.m. Resolution No. 91-66 Resolution No. 91-67 Resolution No. 91-68 Resolution No. 91-69 Resolution No. 91 -70 Discussion followed during which Council and staff responded to Mr. Ochs' questions confirming that his neighborhood was really in the County of Sonoma and that the postal service retains the Santa Rosa addresses for this area. City Engineer Brust explained that the improvements for consideration tonight do not include the Dowdell/Wilfred intersection but deal with the lands to the north which include the proposed Wal -Mart and Home Depot area, that there is no proposal at this time for a 4 -way stop sign at Dowdell and Wilfred Avenue since it is not anticipated that the major shopping traffic will be using Dowdell mainly because there is not enough pavement at Wilfred and Dowdell. Mr. Brust confirmed to Council inquiry that if traffic impacts develop at Dowdell and Wilfred, consideration for stop signs will be dealt with at that time, however, such an impact is not anticipated as a result of this annexation. City Manager Netter and City Engineer Brust referenced map on display and responded to Council inquiry regarding the sphere Of influence and the portion of area being annexed to the City. This is included in the General Plan for this area which will include a total 33 acres of which a portion of that 33 acres is being considered tonight in this assessment district. Further discussion followed. RESOLUTION OVERRULING PROTESTS, MILLBRAE AVENUE ASSESSMENT DISTRICT, PROTECT NO. 1988 -1 RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEM W, MILLBRAE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 RESOLUTION AUTHORIZING CHANGE ORDERS, MILLBRAE AVENUE ASSESSM!Wr DISTRICT, PROTECT NO. 1988 -1 RESOLUTION AWARDING CONTRACT, MILLBRAE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMENT, MILLBRAE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 Rohnert Park City Council Minutes (10) March 26, 1991 Resolution No. RESOLUTION DETERMINING ASSESSNENTS REMAINING UNPAID, MILLBRAE 91 -71 AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 Resolution No. RESOLUTION AUTHORIZING ISSUANCE OF BONDS, MILLBRAE AVENUE 91 -72 ASSESSMEIr DISTRICT, PROJECT NO. 1988 -1 Resolution No. RESOLUTION ORDERING SALE OF BONDS, MILLBRAE AVENUE ASSESSMENT 91 -73 DISTRICT, PROJECT NO. 1988 -1 Upon motion by Councilman Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution Nos. 91 -66 through 91 -73 was waived, and said resolutions were treated separately and adopted. NUItiVision Cable TV City Manager Netter referenced copies provided to Council of letter dated March 18, 1991 from Fran Parkey, Vice President/Regional General Manager of MUltiVision Cable TV Corp. with attached current Public Access Guidelines in response to City's request for same as directed by Council at its previous meeting. The letter outlines the prohibition of commercial advertising on the Public, Education and Governmental (PEG) channel and indicates that the Federal Cable Communications Policy Act of 1984 addresses PEG's access channels and usage distinguishing it from channels for commercial use. Based on this and other provisions of the City's Franchise and Regulatory Ordinance, commercial advertising is not allowed on the PEG channel as it would violate the purpose of the channel. Mr. Netter said MzltiVision's representative W. Tim Dineen was present at tonight's Council meeting to respond to questions. Mayor Eck introduced Tim Dineen, Public Assess Coordinator for MiltiVision. Council had no questions for Mr. Dineen regarding this matter and expressed appreciation for the comprehensive and well written letter from KiltiVision. In-ik Lse Exxicaic City Manager Netter said copies were provided to Council of Report for West In -House Economic Study for developments west of U.S.101 dated Side Developments March 21, 1991 as previously requested by Council and shared contents therein. He referenced charts on display and said the economic study shows the estimated one time revenues and recurring annual revenues the City will receive from all the projected development on the west side of U. S. Highway 101. The revenues are derived from retail and other businesses projected and included in the most recent EIR's for the following: the Business Park EIR, the Expressway Mall EIR, the Wal -Mart EIR, and the Home Depot EIR. The report outlines one time revenues that are generated by the existing City fee structure that include the following: 1) the per acre development fee, 2) the sewer connection fee, 3) the capital outlay fees, 4) the traffic signal fees, and 5) the annexation fees. The re- occurring revenues, which means those revenues that will be received by the City on an annual basis once the projects are fully developed, include the following Rohnert Park City Council Minutes (11) March 26, 1991 taxes or fees: 1) refuse collection franchise fees, 2) P. G. & E. franchise fees, 3) sales tax revenues, 4) property tax revenues, 5) business license revenues, 6) transient occupancy taxes, and 7) Com mity Development Agency property tax increments. Mr. Netter briefly summarized the estimated one time revenues of $4.2 million and the estimated annual recurring revenues of $3.2 million. He then referenced the projected projects as outlined in the various EIR's and indicated out of the total over $35 million is for freeway improvements, with $20 million of the $35 million just for widening U. S. 101 to six lanes. W. Netter indicated this is the State's responsibility. He also indicated that $18 million has been included in the STIP for widening U. S. 101 from Wilfred to Hearn Avenue in Santa Rosa. This is good news. Discussion followed. Mr. Netter said details of the in -house economic study report were explained in the executive sumnary also attached to the report. He stressed that it was important to note that all readers of this report mist remember that this document was developed from information provided by the EIR's and revenue projections that have come from the management of the companies that propose developments in those areas with the numbers being estimates only and provided for information purposes only. A conplete copy of this report is filed in the City Manager's office. Discussion followed during which Council expressed appreciation to staff for the thorough and comprehensive in -house economic report. Council agreed that the report should be used as a tool in the City's annual budget review. Bay Vision 2020 Mayor Eck referenced the workshop hosted by the City of Rohnert Park on the Bay Vision 2020 Report at the Mayors' and Councilm niDers' meeting of March 14, 1991. The three min issues that surfaced were representation (urban counties versus rural counties), local land use and planning issues, and funding. He said the cities have been requested to participate in the efforts of Bay Vision 2020. Discussion followed during which concerns were expressed regarding the weighted vote of the cities in the Bay Area compared to the non - weighted vote of this area with recommen- dation to attenpt to break away from the Bay Vision 2020 group and form a North Bay group or form a sub -group of North Bay counties to form a subregion within the context of Bay Vision 2020. Councilman Hopkins said he has been very involved in the whole process through his participation in the General Assembly of ABAG, that it has to be looked at as a regional issue rather than separate groups, that Bay Vision 2020 has done a good job and that cooperation between the cities and counties for inplemen.tation and representation will produce better results than impositions of the legislators. Rohnert Park City Council Minutes (12) March 26, 1991 Further discussion followed during which comparisons were made of complications involved in cooperating with the larger Bay Area counties, that a subregion of the North Bay Counties may work within the context of Bay Vision 2020, that it would be a good idea to merge MCC, Golden Gate Commission and ABAG, and comments that the strategy as it now exists is unacceptable. A motion was made by Councilman Hollingsworth, seconded by Councilmember Spiro, to direct staff to look into the development of a North Bay Subregion to include the Counties of Nandocino, Sonoma, Marin, and possibly Lake County and that a letter be drafted indicating this Council's desire to form a subregion within the context of Bay Vision 2020 and clearly state Council's concerns about representation and the differences of urban counties vs. rural counties. Nbtion was approved by the following vote: AYES: (4) Councilmembers Hollingsworth, Reilly, Spiro and Mayor Eck NOES: (1) Councilman Hopkins ABSENT: (0) None Nkyor Eck Leaves mayor Eck left the Council Chamber at approximately 9:40 p.m. with Vice mayor Spiro resuming the meeting. Camnmicaticns Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City mmager's Report:City manager Netter referenced copies provided to Council of TiYansitional Housing letter dated February 28, 1991 from Sonoma County Community Program F Developmnt Commission regarding notice of fund availability Application for transitional housing authorized by the Stewart B. N- Kinnley Homeless Assistance Act which provides funds in the form of grants for the acquisition or substantial rehabilitation of various described structures. If Council so desires, staff could put an application together for the conversion of one of the Avram Street buildings behind City Hall for possible purchase and remodeling for Council's consiueration of a transitional housing project. Applications for this program are due by may 31st, 1991. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, for staff to make application for the transitional housing program funds authorized by the Stewart B. McKinnley Homeless Assistance Act. Myor Eck Returns Mayor Eck returned to the Council Chamber at approximately 9:45 p.m. and resumed the meeting. People vs. DiSalvo City Manager Netter referenced copies provided to Council of Ttucking Coupany letter dated March 13, 1991 from the Office of the district Attorney regarding the success of obtaining a judgment Rohnert Park City Council Minutes (13) March. 26, 1991 against DiSalvo Trucking Company located in the Laguna Verdes Subdivision for the hazardous materials disposal violation on its site. The judgment ordered payment of $20,000 by the trucking company in penalties and restitution. In recognition of the assistance by the Department of Public Safety, the District Attorney's Office recommended that $10,000 of the settlement be distributed to the City to assist in the purchase of a hazardous materials van. A check in the amount of $833.33 representing the first payment of twelve monthly payments to the City of Rohnert Park was attached to the above - referenced letter from Gene Tunney, Sonoma County District Attorney along with his compliments to the Department of Public Safety expressing appreciation for its active role in the area of hazardous materials response. The City has also collected approximately $2,000 from DiSalvo Trucking for Rohnert Park's out -of- pocket costs in order to facilitate the c 1 eanup . Operation Budget City Manager Netter referenced copies provided to Council of FreedmVIlepeal SB2557 - Operation Budget Freedom News Bulletin dated March 11, 1991 from the League of California Cities in regard to SB169 relating to the repeal of SB 2557 regarding Jail Booking Fees and Property Tax Administration Fees. He brought Council's attention to the article "Ukiah Uses Referendum to Fight SB2557 ". Copies were also provided to Council of Legislative Alert dated March 12, 1991 from the County Supervisors Association of California which outlines its position on the repeal of SB2557 stating unwillingness to accept any modification of /or retreat from the Property Tax Administration Booking Fees in the current fiscal year and stating that any future modification should be negotiated within the context of all issues which are part of the 1991 -92 State budget debate. City Manager Netter distributed copies to Council of letter dated March 25, 1991 from League of California Cities regarding the scheduled briefing session on April 9th prior to the Senate Local Government Committee's scheduled vote on April 10th on this League - sponsored bill by Senator Dan Boatwright. He said the letter requested someone from Council to attend the briefing session on April 9th and responded to request from Nayor Eck to investigate details of the briefing for his consideration and possible attendance. City Manager Netter requested Council's approval to authorize a letter to the County opposing the above - reviewed payment. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to write a letter to the County opposing payment of the Property Tax Administration Booking Fees, approving Senate Bill 169 which repeals SB2557 and backfills lost county revenues. Rohnert Park City Council Minutes (14) March 26, 1991 County Supervisorial Manager Netter referenced copies provided to Council of Sonoma Redistrict.Advisory County Board of Supervisors' Resolution No. 91 -0397 Ccundttee establishing and appointing members of the Supervisorial Redistricting Advisory Committee and said staff solicits Council's input regarding this matter since redistricting may be an important issue to the cities and Council may want to participate in making recommendations to the Board of Super- visors on this issue. Mr. Netter said he had a call today from the County Clerk's Office asking about Rohnert Park being the only area with three supervisors. Discussion followed regarding the complications of Rohnert Park being broken into three districts and that the reasons given for this such as population and location are not justified or reasonable. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to indicate by letter and for the record, this Council's request for Rohnert Park to be one district rather than three and recommending that Councilman Hopkins be appointed to the Supervisorial Redistricting Advisory Committee to represent the cities' interests. 'M' Section Appraisals -City Manager Netter referenced copies provided to Council of re.Sale of land to letters of appraisal regarding sale of "M" section land to the School Dist. School District from Harding Appraisal Co. dated March 13, 1991 to update the March 1989 appraisal for a fee of $1,000 on the nine acres of City -owned land in "M" section that the Cotati - Rohnert Park Lhified School District agreed to purchase for the "M" section school, and from Vice Appraisal Company dated March 21, 1991 to also do an appraisal for a fee of $3,500 of this nine acre site to make sure the value is the highest possible value. Per recent information from the Cotati - Rohnert Park unified School District, funds should be forthcoming sometime in June or July of this year to purchase said site. Staff recommends Council's approval for the City Manager to execute both of these letter agreements and secure the two appraisals on the "M' section school site. A motion was made by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, for City Manager to execute the letter agreement with Harding Appraisal Co. dated March 13, 1991 for the update appraisal of March 1989 in the amount of $1,000 regarding the sale of "M" section land to the School District. A motion was made by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, for City Manager to execute the letter agreement with Vice Appraisal Company dated March 21, 1991 for the appraisal in the amount of $3,500 regarding the sale of "M" section land to the School District. Rohnert Park City Council Minutes (15) March 26, 1991 Spring Clean-Ul;> City Manager Netter said Spring Clean -up has been set from April 5 through 15, 1991. As in the past, the debris boxes will be located at Alicia Park, Benecia Park, Colegio Vista Park, Doretea Park, Eagle Park, Lady Bug Park, Magnolia Avenue at Camino Colegio, the Rohnert Park Jr. High School, Paul & Gloria Golis Park, Honeybee Park, and to replace the Comnanity Center site, a box has been placed near the City's hospital site off of Medical Center Drive. Staff did not feel it would be appropriate to have a debris box in front of the Dorothy Rohnert Spreckels Performing Arts Center. For the spring clean -up, the Sonoma County Department of Public Works waives all dunping fees to cities for ten days during any calendar year. Discussion followed during which reference was made to recent letter from Gary Sterner offering to pick up old cars. Council agreed a letter of appreciation should be written to him regarding this effort. Council also agreed staff should check into the possibility of Waste Management providing bins for the separation of yard waste that could be recycled. Ettployee Wellness City Manager Netter informed Council that the City's Wellness Program Program has been set for Wednesday, May 1st, 1991. If any Council persons or spouses desire to participate in this program, please notify City Hall for names to be listed on the signup sheet. Interim Housing City Manager Netter said the first meeting of the recently Task Force formed Interim Housing Task Force will be on April 2nd, 1991. He responded to Council inquiry regarding members of the housing task force meeting outside planned times that a complete Brown Act packet is being prepared for distribution for everyone involved. Mayor Eck said a letter explaining the Brown Act as part of the public process should also be sent to each person on the task force. Perf.Arts Center City Manager Netter said staff has prepared rough data Projections regarding projections of the Performing Arts Center for its first year of operation and the upcoming Budget 1991 -91 and requested Council Committee to meet this week for review with staff. Council Committee Mambers Eck and Spiro agreed to meet this Friday afternoon at 3:00 p.m. Bingo City Manager Netter explained the need for a Bingo Council Comnittee. Mayor Eck appointed Councilman Hollingsworth and Councilman Hopkins. Council agreed. City Attorney's Report :City Attorney Flitner distributed copies to Council of his Gifts to Elected memo responding to Council's request at the previous meeting Officials regarding reportable gifts to elected officials. He said if an elected official receives a gift of $50 per year accumulative per individual gift, it is reportable including tangible gifts to spouses in support of the elected official. According to the Fair Political Practices, if gifts are given Rohnert Park City Council Minutes (16) March 26, 1991 away within thirty days, it is not reportable, but otherwise, it is reportable whether or not the gift is given away later. City Manager Netter said the question was raised regarding this matter because of Stone & Youngberg's Certificates of Participation closing dinner which was built into the price of the bond underwriting firm. Council concurred that Stone & Youngberg should proceed with the closing dinner plans. Mtters from Council: Mayor Eck referenced copies provided to Council of letter Remote Access Network -dated March 19, 1991 from Sonoma County Sheriff's Department (RAN) Board requesting that a Mayor, appointed by the Mayor and City Council Association, serve on the Remote Access Network Board (RAN Board) and said he was not interested in the appointment at this time. Councilman Reilly said he would be interested in the RAN appointment if the Mayor is not, and if no other Mayor in the other cities desired appointment, maybe a Councilman could be appointed. Council concurred to recomnrend Councilman Reilly for appointment if no other Mayor desired appointment. Hazardcxjs Materials City Manager Netter referenced copies provided to Council of NHnagement Commission- letter dated March 18, 1991 from the Sonoma County Board of Supervisors regarding the selection of a member for the Hazardous Materials Management Commission to replace Richard Johnson who recently resigned and whose term expries May 31, 1993. Councilman Reilly confirmed he would be interested in serving on this commission and that he sent letters to the Board of Supervisors signifying his interest. A motion was made by Councilman Hollingsworth, seconded by Councilman. Hopkins, and unanimously approved, to recommend Councilman Reilly as a member of the Hazardous Materials Management Comni s s i on . Caltrans Workshop City Manager Netter informed Council of Caltrans Workshop regarding Highway 116/121 and Napa County Line at 11:00 a.m. ors r- 1l 2, 1991 in the Sonoma County Supervisors Board Room. Councilman Hopkins said he might be able to attend as he thought he would be off work that day. Jr.High School Gym Mayor Eck said the Jr. High School Gym Joint Dedication was Joint Dedication scheduled at 7:30 p.m. on April 11th, 1991. He said he would be unable to attend because it is the same date as the Mayors' and Councilmembers' meeting. Vice Mayor Spiro said she would be at the dedication. Condiotti Dedication Mayor Eck referenced copies of invitations provided to Council and said the Dedication of Bette Condiotti Theatre is scheduled to begin at 6:00 p.m. on Saturday, April 13th, 1991. Councilmember Spiro expressed regrets that she had a conflict in schedules and would not be able to attend. Rohnert Park City Council Minutes (17) Narch 26, 1991 So.Co.Ofc.of Education -City Manager Netter referenced copies provided to Council of Gang Suppression letter dated March 15, 1991 from Sonoma County Office of Task Force Education regarding invitation to attend April 18th meeting regarding task force on gang suppression and designation of liaison member. Councilman Reilly confirmed his interest to be on this task force. A motion was made by Councilman. Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, to designate Councilman Reilly as liaison member to the gang suppression task force. Public Safety Councilman Reilly referenced intentions to send a letter of Volunteers appreciation to the police volunteers who are having a volunteer dinner to more fully express the City's gratitude. Council agreed. City Manager Netter said staff would check with the Department of Public Safety regarding the inclusion of fire volunteers. Discussion followed. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, for a proclamation to be prepared expressing appreciation to the Public Safety volunteers. Lhscheduled Public Mayor Eck asked if anyone in the audience wished to make an Appearances appearance at this time. No one responded.