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1996/08/27 City Council MinutesRohnert Park City Council Minutes August 27, 1996 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 Flores presiding. CALL TO ORDER: Mayor Flores called the regular session to order at approximately 6:20 p.m. and led the pledge of allegiance. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Flores Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Director of Finance, Mike Harrow. CLOSED SESSION report: Mayor Flores reported on the closed session which commenced this evening at 6:00 to discuss matters listed on the agenda attachment and presented an update on the following items. (1) Litigation matters (G.C. 54956.9) Hillsboro vs. City of Rohnert Park Mayor Flores reported that Ordinance 494 has been challenged and 25 cities have joined Rohnert Park and will be signing legal briefs in support of the City's position. (2) Personnel matters (G.C. 54957), regarding a Public Safety Volunteer employee. An additional matter discussed is the possible acquisition of land near the Spreckels Performing Arts Center and the City will be obtaining costs and continue negotiations. APPROVAL OF MINUTES. Upon motion by Councilmember Spiro, seconded by Vice -Mayor Eck, minutes of August 13, 1996 were unanimously approved as submitted. APPROVAL OF BILLS: Upon motion by Vice -Mayor Eck, seconded by Councilmember Reilly, City bills presented per the attached list in the amount of $1,570,877.92 were unanimously approved. NON- AGENDAED ITEMS: Councilmember Spiro stated she wanted to set a golf course meeting and make a presentation to the Mayor; Councilmember Reilly stated he wished to make a Proclamation for Children's Week; Vice -Mayor Eck stated he had an item he would discuss under Matters from Council/Miscellaneous. ROhnert Park City Council Minntvc r A__ _ i q� 1� 1 - - - _ . hugust, 2 i, 17yu MAYOR'SACKNOWLEDGMENT OF THE HOMESTAYAMERICA EXCHANGE Mayor Flores acknowledged the Hashimoto Sister City program and stated that Councilmembers Spiro, Reilly and himself were treated to a wonderful dinner that was sponsored by the hosts of the Homestay America Exchange program. *CORRECTION BELOW from 9/10/96 City Council meeting: Per Councilman Reilly (deletion lined out /correction underlined) Councilmember Reilly stated that he attended the meeting as a host sponsor and not as a Councilmember. He stated that the majority of the participants are 11 to *4-2 17 years of age and highly recommended participation in this program and stated it is a great opportunity to become acquainted with another culture and guaranteed there would not be a dry eye in the house when saying good bye after you spend 2 1/2 - 3 weeks with a an exchange student. Councilmember Spiro agreed with Councilmember Reilly and also recommended the program and stated it is a very worthwhile program. Councilmembers Reilly and Spiro acknowledged receipt of the Certificate of Appreciation presented by Homestay America Exchange and Mayor Flores announced it will be displayed at City Hall. YOUTH REPRESENTATIVES to the CITY COUNCIL from 1996 -97 Youth of the Year Program selections. Mayor Flores acknowledged the presence of Youth Representatives, Jessica Wright and Kathleen Maddan. The students asked for the City's support in their upcoming Freshmen Orientation program when school begins in September. UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time. Under legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Christa Shaw, Representative of the Greenbelt Alliance, 520 Mendocino Avenue, Santa Rosa, CA was recognized and stated she wished to present a letter in rebuttal to a recent legal opinion regarding Urban Growth Boundary. Ms. Shaw read and reviewed a letter from Rachel B. Hooper and Richard S. Taylor of the Shute, Mihaly & Weinberger Law Office at 396 Hayes Street, San Francisco, CA 94102. The main points of the letter were (1) Is adoption of a UGB a legislative act? (2) Is adoption of a UGB preempted by the Cortese -Knox Act? (3) Would a UGB violate the regional welfare doctrine of the California Constitution? Vice -Mayor Eck asked if the law firm reviewed the exceptions to the policy and what type of flexibility issues can be built in and stated the City of Rohnert Park has eight exceptions they are reviewing. Rohnert Park City Council Minutes (3) August 27, 1996 Ms. Shaw stated that exceptions can be made and cited the City of Sebastopol has an exception of 25 acres included in their 20 year General Plan. Mayor Flores advised Ms. Shaw that the City Council would review the letter and pass it to the City Attorney. SCHEDULED PUBLIC APPEARANCES: WINE COUNTRY TROUBADOURS Mayor Flores announced that the City Council was in for a special treat at tonight's meeting and introduced Jerry O'Leary, Ron Murray, Bud Simpson and Dave Richardson from the Rohnert Park Chapter of the Wine Country Troubadours, of which Walter Clark is the President. The Quartet sang "Wait Until the Sun Shines Nellie" and "First Hello is the Last Good Bye." Mr. O'Leary advised that the Wine Country Troubadours are presently a 30 man chorus and they are always looking for new singers as they would like to increase their membership to 100 and would appreciate any assistance the City could give them in that regard. Mayor Flores thanked the Quartet for the entertainment and stated that their performance boosted the City Council's TV audience. PRESENTATION OF BIRTHDAY CAKE FOR CITY'S 347H BIRTHDAY Mayor Flores introduced Lew Kuehm, President of Founder's Day Association. Mr. Kuehm presented the City with a Birthday cake donated by Safeway. Safeway Baker, Bill Becker, and Assistants, Lisa Capella and Christine Durkin were acknowledged for their contribution. Mr. Kuehm advised the Council that the Wine Country Troubadours donate funding to help children with speech defects. Mr. Kuehm also advised the Council that Celina Yong, Junior Miss of Rohnert Park is now the State of California Junior Miss and will be featured in the Founder's Day Association Parade and asked Mayor Flores if he and his wife would like to accompany Ms. Young in the parade. Mayor Flores replied he would be happy to and asked Mr. Kuehm to advise him of the time and place. Mr. Kuehm presented the birthday cake to the Council Members and invited all present to help themselves to a serving during the regularly scheduled break of the City Council meeting. He stated that any cake left after the meeting would either be donated to the Senior Center or left at City Hall for staff. Mayor Flores thanked Mr. Kuehm, Safeway and the bakers for their contribution of the cake. Rohnert Park City Council MinntPC A...,,,s+ 27 1996 CONSENT CALENDAR Mayor Flores asked if Councilmembers had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions for Adoption: 96 -155 PROCLAIMING OCT. 27 -NOV. 2, 1996 "WORLD POPULATION AWARENESS WEEK" 96 -156 APPROVING EXPANSION OF CURRENT SONOMA/MENDOCINO RECYCLING MARKET DEVELOPMENT Zone (RMDZ) to include Lake County Upon motion by Vice -Mayor Eck, seconded by Councilmember Spiro, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. OTHER RESOLUTION FOR CONSIDERATION: 96 -157 AWARD OF CONTRACT FOR JANITORIAL MAINTENANCE SERVICE City Manager Netter reviewed the bidding process and stated that ServiceMaster has been providing service to the City offices for the last six years. The lowest bidder was H. Ramirez Cleaning Service, however, they were unable to provide a Service Bond as required. Correspondence was provided to Council from Environmental Dynamics who challenged the bid made by ServiceMaster and another letter from ServiceMaster refuting the claims made by Environmental Dynamics. City Manager Netter advised staff recommends award of the contract to ServiceMaster. Upon motion by Vice -Mayor Eck, seconded by Mayor Flores, and unanimously approved, reading of Resolution No. 96 -157 was waived and said resolution was adopted. Ordinance for Introduction: No. 623 AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 10, CHAPTER 10.72, BICYCLES City Manager Netter advised that the Bicycle Advisory Committee is recommending changes in the Rohnert Park Municipal Code dealing with the operation of bicycles in the City of Rohnert Park. Section 10.72.035 adds the provision of riding bicycles under the influence. Section 10.72.110 regards equipment on bicycles that has changed. The changes are being requested in order to make it safer for bicycling. City Manager Netter introduced Jack MacKenzie, member of the Bicycle Committee to discuss the Ordinance. Mr. Netter advised the Council if they so desired, he could schedule this item for a public hearing at the next regularly scheduled City Council meeting. Rohnert Park City Council Minutes ( 5 ) August 27, 1996 Councilmember Gallagher stated it was her understanding that bicyclists are subject to the same vehicular codes as drivers and questioned the need for this Ordinance. Councilmember Reilly referred to Section 10.72.110, item A, and questioned the use of a whistle being prohibited so a bicyclist could not ride their bike and blow a whistle at the same time. He also suggested a reference be made to safe turns for bicycles. Jake MacKenzie, 1536 Gladstone Way, Rohnert Park, was recognized and stated he was the Chairman of the Bicycle Committee and stated that when this Ordinance was introduced there were concerns about bicycle safety being expressed by members of the committee and the community. Mr. MacKenzie stated that Councilmember Gallagher was correct and that bicyclists are governed by the same rules and regulations as auto drivers and motorcyclists. Mr. MacKenzie stated there were lengthy discussions concerning the use of a whistle and it was determined that a loud whistle could startle someone. He stated the Ordinance could be reworded to clarify that a siren, whistle or bell being used as a warning device would be appropriate. Mr. MacKenzie stated they are mainly trying to eliminate the use of certain devices. Councilmember Spiro stated she would appreciate clarification on the use of a whistle, as Public Safety Officers use them. Mr. MacKenzie stated that Public Safety was provided with a copy of the Ordinance and Director of Public Safety Rooney did review the Ordinance. He stated he was willing to take the Ordinance back to Director of Public Safety Rooney to reword that section. *CORRECTION BELOW from 9/10/96 City Council meeting: Per Councilman Reilly (deletion lined out/correction underlined) Councilmember Reilly feit the bieyelists should stay in the right hand lane when they appreaeh an inter-seetion. agreed with safety factor expressed in the ordinance language (Section 10 72 050 Riding on Roadways and Bicycle Paths) for bicyclists to ride as near the right -hand curb of the roadway as possible, exercising due care, etc Mr. MacKenzie stated that the Advisory Committee is working with Public Safety on a regular basis to reinforce bicyclists' safety. Mr. MacKenzie asked for endorsement at the Bike Rally to be held on September 22, 1996 at 10 a.m. at the Community Center and University Square. He also stated that the new bicycle maps that Mr. Brust has been working on will be distributed at the Founder's Day Celebration. Councilmember Spiro suggested that Mr. MacKenzie meet with Public Safety and establish a ticketing process for bicyclists who do not have the proper safety equipment such as reflectors, etc. Mr. MacKenzie stated that basically, it is just not safe to ride a bicycle after dark, even with reflectors, it is still not safe on busy streets. He stated that the Bicycle Rallys promote safety as their main function. ROhnert Park City Cnnncil MinntPC ! 1 A,,..,,A q" 1n04 Park - - _ _ - - � � i Mugu a 4 /, i v Councilmember Gallagher expressed her concerns that Rohnert Park on one hand is promoting bicycle use and on the other hand is trying to increase revenues by enforcing additional rules and regulations and issuing citations. She stated her main concern is that everyone be required to wear helmets, not just children. Vice -Mayor Eck made the motion to introduce Ordinance No. 623 and set it for a public hearing at a future City Council meeting, seconded by Councilmember Spiro and unanimously approved. Mayor Flores advised the Council that a request has been made by Mr. Hoon to move the Edgewood Apartments Project item up on the agenda due to a scheduling conflict Mr. Hoon had. The council approved the change in time on the agenda. Edgovood Apartments Project of Pine Creek Properties Multifamily Housing Mortgage Revenue Bonds City Manager Netter reviewed Pine Creek Properties proposal to obtain long term financing for the Edgewood Apartments through the issuance of multifamily revenue bonds by the ABAG Finance Authority. The amount of the bonds is $6,495,000 which would be used to finance the 168 multifamily unit rental project on the west side of US 101. The City Council, at its August 13, 1996 meeting authorized the transfer of the bond allocation from the City to the ABAG Finance Authority. City Manager Netter advised the Council that Assistant City Manager, Carl Leivo has been overseeing this project and would review the item in greater detail. In addition, the second Resolution for this item would require that an elected official be designated. Assistant City Manager Leivo addressed the Council and stated that City staff has been working with Pine Creek Properties for long term financing for Edgewood Apartments and needs Council approval at this time in order to approve the financing and approve membership in ABAG for a period of one year. Mr. Leivo introduced Mr. Philip Hoon to the Council. Mr. Philip Hoon, 9 Broadway, Kentfield, was recognized and thanked the Council for moving his agenda item up on the schedule and explained that his wife is expecting a baby any time this week and he needed to leave earlier. Mayor Flores asked who would be financing the entire amount of $6.5 million? Rohnert Park City Council Minutes ( 7 ) August 27, 1996 Mr. Hoon explained that the loan would be in tax exempt bonds and 4% would be designated low income tax credit. He stated an application has been filed for an automatic award. The bonds will be Triple A and sold by Fannie Maes. He stated the application schedule will close on October 2, 1996. City Manager Netter introduced Mr. Ken Martin, owner of the property, to the Council and stated he would be available to answer any questions that the Council may have. Vice -Mayor Eck asked what the status of the loan would be if the City of Santa Rosa did not wish to participate. Mr. Hoon stated that Santa Rosa is a member of ABAG and as such is somewhat obligated to participate. He stated they have a meeting with city officials in two weeks at which time they will also be discussing a 230 unit complex on Range Avenue in Santa Rosa as part of this proposal. Vice -Mayor Eck asked if there is a point where the project is profitable and the bonds would then be taken off and sold. Mr. Hoon stated that new regulatory conditions require that these bonds be funded for a 30 year period. Councilmember Gallagher asked how the project received such a high rating. Mr. Hoon stated that Fannie Mae loans are based on the strength of the community and the value and equity of the project. He stated that the Allocation Committee set the amount and it is the maximum that could be borrowed and is less then the actual total value of the project which is $9 million. Vice -Mayor Eck asked why the developers took so long to apply for this loan and why it was not done at the beginning of the project? Mr. Hoon replied that the State of California would not authorize a debt allocation and the builder did not want to wait for a future construction period. Councilmember Gallagher stated she was in full support of affordable housing but questioned the high costs of this project and stated there are complexes on Southwest Blvd. for approximately $53,000 per unit. Mr. Hoon stated that is a rough number and it could be as high as $100,000 per unit because this is a brand new complex. Mr. Martin stated that the complex was appraised at $8.8 million. NUgU.I'L L /, lYYO PUBLIC HEARING: Mayor Flores opened the Public Hearing. With no one wishing to speak, Mayor Flores closed the Public Hearing. Upon motion by Vice -Mayor Eck, with the caveat that Mayor Flores appoint a City Council Representative, seconded by Councilmember Reilly and unanimously approved, the following Resolutions were approved: 96 -158 Approving Issuance by ABAG Finance Authority for Nonprofit Corporation of Multifamily Housing Revenue Bonds (Edgewood Apartments Project) and Execution and Delivery by the ABAG Finance Authority for Nonprofit Corporations of a Financial Agreement with Pine Creek Properties or an Affiliate Thereof 96 -159 Authorizing the Execution and Delivery of a Joint Exercise of Powers Agreement and Appointing the City's Representatives to the Governing Board of the ABAG Finance Authority for Nonprofit Corporations Created Thereby Mayor Flores advised the Council that the meeting would return to the scheduled agenda. Ordinance No. 622 - Amending Mobilehome Ordinance for scheduled meetings City Manager Netter reviewed his staff report advising the Rent Appeals Board's request to reduce the number of Board meetings to one monthly meeting. PUBLIC HEARING: Mayor Flores opened the public hearing. With no one wishing to speak, the public hearing was closed. Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly and unanimously approved, Ordinance No. 622 was adopted amending Chapter 9.70.030 of the Rohnert Park Municipal Code (Mobilehome Ordinance) to Provide for One Regularly Scheduled Meeting Per Month of the Rent Appeals Board BUDGET 1996 -97 RECOMMENDED FEES /CHARGES INCREASES. City Manager Netter reviewed the following recommended fees and charges increases and advised the Council that each of these items had been reviewed at previous budget meetings. Wastewater Treatment and Disposal (Sewer) Recommended increase of 5% in the sewer service rate charges ($28.55 to $30.00 per month) and the increase would be effective November 1, 1996. For commercial and industrial metered accounts 5% would be charges against metered rates. Mr. Netter reviewed the staff report and answered Council questions. Rohnert Park City Council Minutes ( 9 ) August 27, 1996 PUBLIC HEARING: Mayor Flores opened the Public Hearing. With no one wishing to speak on this item, the Public Hearing was closed. Resolution No: 96 -160 ESTABLISHING RATES AND CHARGES FOR SEWAGE TREATMENT AND DISPOSAL SERVICES Upon motion by Vice -Mayor Eck, seconded by Councilmember Reilly, to waive reading of the resolution and adopt Resolution 96 -160 - Establishing Rates and Charges for Sewage Treatment and Disposal Service was unanimously approved. Dorothy Rohnert Spreckels Performing Arts Center City Manager Netter advised the Council that Michael Grice, Director of the Performing Arts Center has conducted a survey of rental rates in the area of similar facilities to the Performing Arts Center and recommended that as a result of that survey, an increase in rates was justified. The PAC is heavily used as a rental facility. Mayor Flores asked members of the audience if they wished to speak on this item under public comments. No one wished to speak. There was general discussion among the Councilmembers regarding the proposed schedule and reasons for raising some categories and not others. Also, some Councilmembers were concerned about not having a resident rate. Discussion ensued among Councilmembers. City Manager Netter recommended that the item be continued to a future meeting with the Council Committee when they could review more statistical information on the subject and stated that the PAC is booked at present until the end of the year. PUBLIC HEARING: Mayor Flores opened the Public Hearing. Lew Kuehm, was recognized and stated he has had the opportunity to rent the facility on several occasions and we are always advised ahead of time there may be an adjustment made to the rates. Mr. Kuehm stated that the rentals have been for the benefit of the City of Rohnert Park and felt they have always been fairly treated. Linda Branscomb, 21 Anne, Rohnert Park, was recognized and stated that since the tax dollars of the residents of Rohnert Park pay for the Performing Arts Center, they should be given a break on the fees. However, we should not discourage outsiders from coming to Rohnert Park to use the PAC by raising the rates too high and suggested that City Manager, Netter, look at the competition's rates and keep the PAC's rates in the same range. Mayor Flores closed the public hearing. Rnhnert Park City I nnn ,-il Mim�toe ! 1n \ ♦ _____. . 1 - - -- -- - Park ....�...._....... .., j riugust G i, IYYO Councilmember Reilly agreed with speaker, Linda Branscomb, and added that the City should also look at the budget figures to determine what funds come out of other city funds to keep the PAC viable. He stated that the difference has to be made up somewhere. Councilmember Reilly made a motion to approve and the motion was seconded by Councilmember Gallagher. Vice -Mayor Eck stated he was not ready to approve this increase as he had a problem with the main stage fees and felt the City was not proceeding in a correct way by changing the rate structure by going after the smaller users. He stated we are bouncing these rates up 30% to 50% and he strongly encouraged staff to actively pursue higher rate rental fees in categories 6- 8. He stated that one week of rentals in category 8 could cover all expenses. Councilmember Spiro stated she agreed wholeheartedly with Vice -Mayor Eck. City Manager Netter stated he would like to research the statistics and reviewing reducing the member rates in six months. Mayor Flores asked for a report at the next scheduled City Council meeting of September 10, 1996. Councilmember Spiro made a friendly amendment to the motion for the Rohnert Park residents to receive a 20% discount. Councilmember Reilly suggested this item be continued to the next meeting. Vice -Mayor Eck asked that the Committee meet with staff on this issue before the next meeting. Councilmember Reilly withdrew his motion. Mayor Flores directed City Manager Netter to meet with the Council Committee and have the Committee make a recommendation to the full Council. City Manager Netter reviewed Resolution 96 -161 approving rates for tickets and subscription charges at the Center for the 1996 - 1997 season. He stated the season brochure has been provided to Council for its review and advised the rates have been published and the price schedules printed. City Manager Netter stated that the Director of the Performing Arts Center, Michael Grice has revised his performance schedule to include "ala carte" shows in addition to the "whole enchilada" which gives subscribers the options to pick and choose which performances they wish to attend and affords more flexibility. Staff felt this would encourage more attendance. Rohnert Park City Council Minutes ( 11 ) August 27, 1996 Resolution No: 96 -161 APPROVING RATES FOR TICKETS AND SUBSCRIPTIONS CHARGED AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER FOR THE 1996 -97 SEASON Councilmember Spiro made the motion to approve the Resolution. Vice -Mayor Eck stated he was not ready to approve the Resolution and asked what would happen if the Council did not approve it. Councilmember Spiro stated she is making the motion because the residents of Rohnert Park will receive a discount, the motion was seconded by Councilmember Reilly and unanimously approved, to waive reading of the resolution and adopt Resolution No. 96 -161. Recreation Department Fees and Policies City Manager Netter reviewed Resolution 96 -162 which provides modest increase in Recreation Department fees and policies. The fee increase is necessary for cosmetic as well as improvements in some problem areas and staff recommends approval of this Resolution. Mayor Flores asked members of the audience if they wished to speak under Public Comments. No one wished to speak. Resolution No: 96 -162 APPROVING RECREATION DEPARTMENT POLICIES AND FEES Upon motion by Vice -Mayor Eck, seconded by Councilmember Gallagher, to adopt Resolution 96 -162 approving Recreation Department Policies and Fees increases. Councilmember Reilly asked if the Council could make reference to additional charges being made because of the condition the facility is left in after certain functions and this be added to Condition No. 21 on page 6. The motion was unanimously approved with the additional wording by Councilmember Reilly, reading of Resolution No. 96 -162 was waived and said resolution was adopted. Sports Center Weight Room Drop -In Fee Schedule City Manager Netter reviewed the Sports Center Weight Room Drop -In Fee Schedule and advised the Council that since the weight room was transferred to the old gym room and more equipment was added, there has been a marked increase in membership. Staff is recommending a drop in fee for the weight room. Mr. Netter stated the $6.00 fee covers the use of the facility. lockers and towels and feels it would encourage drop in users to purchase full membership. RnhnPrt Parlr r. *t 1''n... 1 M:.... +o t 111 N ♦_ nor ,nni -- •,- •••..• . - ». .... �..,w.,a.,...a...aa.w iZ / t%U14UNt L 1, 1970 PUBLIC COMMENTS: Mayor Flores asked if any members of the audience wished to speak on this item. No one wished to speak. Councilmember Spiro asked about the liability waiver for drop in members. City Manager Netter stated that REMIF reviewed the liability waiver and he agreed with their findings and approval, of which City Attorney concurred. Resolution No: 96 -163 APPROVING SPORTS CENTER WEIGHT ROOM DROP -IN FEE SCHEDULE Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, reading of the resolution was waived and Resolution 96 -163 was adopted approving Sports Center Weight Room Drop -In Fee Schedule was unanimously approved. Request to Expand Storage Building at Burton Avenue Recreation Building by Boy Scouts of A merica Troop 68 City Manager Netter reviewed his staff report and request submitted to the Recreation Department to expand the Burton Avenue Recreation Building to accommodate additional storage for Boy Scout Troop No. 68. They would pay all costs and provide appropriate insurance. Mayor Flores invited the leader of Boy Scouts of America Troop 68 to address the Council. Mr. Jerry Burg distributed a diagram of the proposed expanded storage room to members of the Council. He stated his troop uses Burton Avenue Recreation Building on a weekly basis and they have a large amount of equipment, camping supplies, etc. stored at different locations and they would like to centralize the storage of the equipment at this one site. Councilmember Spiro asked if this is just for the use of the Boy Scouts and where do the Girl Scouts store their equipment? Mr. Burg stated that the A Park has a Girl Scout storage facility. Upon motion by Vice -Mayor Eck, seconded by Councilmember Spiro, the request was unanimously approved. Mayor Flores invited all present to join members of the Council for birthday cake in the Council meeting room. A RECESS OF THE CITY COUNCIL MEETING WAS CALLED AT 8:00 P.M. for a brief recess prior to proceeding with the Community Development Commission meeting (see separate Minutes) Rohnert Park City Council Minutes ( 13 ) August 27, 1996 RECONVENE City Council Meeting at 8:20 p.m. Department of Public Safety Fire Service Staffing /General Fund Reserve allocation or Budget reallocation: City Manager, Netter reviewed his staff report to review the Department of Public Safety's budget in order to attempt to fund the $361,000 for 5 Public Safety Fire Personnel to provide augmented fire services to the City. He stated that this amount could partially be offset for a short period, but long term revenues would have to be identified. It is hoped that the fires services assessment district is approved to provide this source. Mr. Netter stated that major cuts in several departments which accounted for some of the increase in the general fund. City Manager Netter referred to his staff report where various options were listed with proposed program cuts to support additional revenues, but did not recommend reductions or eliminations. There was general discussion among the Councilmembers on the pros and cons on using the additional revenues for Public Safety and requested information on what other department cuts were previously made that may also be considered. Mayor Flores suggested this item be rescheduled to the next meeting of September 10, 1996. Vice -Mayor Eck expressed his concern and stated that the Council had to make some very hard choices during the budget discussions and he would like to see what other priorities may be considered from other departments. Mayor Flores stated agreed with Vice -Mayor Eck and felt there was a need for further evaluation. Councilmember Gallagher suggested that the Council earmark the $231,000 for these Fire Service positions and wait and see if the ballot measure passes and perhaps in the meantime organize a task force consisting of a citizens group to oversee these funds. She stated that she also felt it was unfair that the Council asked all of these other departments to cut back and then we pour all the additional money into Public Safety. Councilmember Spiro stated that the City's basic services are Public Safety and Public Works for city maintenance and these resources should go to the most important services. She stated that the City must be innovative like the proposal to contract out the animal shelter looked at previously. City Manager Netter recommended that Council wait until the results of the November election before forming a task force, so that the City would know for sure there are long term revenues for the services. Rohner[ Park City Cnnneil Minntvc ! td l A,,.,..A �� 1nn4 _.. _... City _. \ - 1 AUPJ4 L /, 177v Council Member Reilly stated that the highest priority of the City is to provide Police and Fire services but unless City staff can show him where the funding will be coming from in five years, he will not approve the funding for the additional staff. He stated that this should not be a campaign issue and recommended the city start a salary comparison with Santa Rosa and Petaluma for comparison. Discussion pursued regarding campaign issues, creative alternatives, middle road options, additional studies, etc. It was the consensus of the council to review other department priorities before allocation of the funds to Public Safety. In addition, agendize the discussion on a task force for the next Council meeting. On a related matter, City Manager Netter, reviewed other budget topics and referred to downsizing of jobs and stated that in several departments there are employees that are retiring. He advised that with the retirement of the Payroll Supervisor, research of the use of a payroll service bureau may be considered, which would represent a potential savings to the City. Additionally, a one half time position (including benefits) is being eliminated with a potential savings of $15,000 to $20,000 a year. He indicated that Council, at a previous meeting, had requested information on a Payroll Service Bureau before the Account Clerk position was filled. Discussion ensued. Upon motion by Councilmember Spiro, seconded by Mayor Flores and unanimously approved to fill the Account Clerk position and to hold off on filling the 1/2 time position. Planning and Zoning matters - File No. 1532 - 1995 Rohnert Park General Plan re. consideration of amending the Circulation Element City Manager, Netter provided the Council with proposed wording that would change Objective 3, Standard 1, and Standard 2 in the Circulation Element of the 1995 General Plan in accordance with Council's direction from last meeting. These changes have been listed to set a goal to improve arterials and collectors to provide for level of service (LOS) C or better and to grandfather current intersections that are operating below Level C at those stated levels. City Council directed minor changes in the wording. Vice -Mayor Eck asked if this item had to go back to the Planning Commission and we are just cleaning up the wording. City Attorney, Flitner advised that the City Council would have the ultimate word on this item. Rohnert Park Cite Council Minutes (15) August 27, 1996 Upon motion by Vice -Mayor Eck, seconded by Councilmember Reilly, the City Council will hold a Public Hearing for a General Plan Amendment at the next City Council meeting was unanimously approved. Ballot Measure issues: City Manager Netter advised that the Council has been provided with copies of the Arguments for Measure M, Arguments for and against Measure N, and the City Attorney's impartial analysis for both measures. Councilmember Spiro asked if it was too late to put in an argument against the Measures. City Manager Netter advised it was too late to make changes and the only time line allows for rebuttal arguments, which are due by August 29th. Upon motion by Councilmember Spiro, seconded by Mayor Flores the Ballot Measure arguments were unanimously approved. It was the consensus of City Council to have the Mayor draft the rebuttal to arguments in favor of Measure N and the Vice Mayor draft the rebuttal to arguments against Measure N. Letter from Paul Baldocchi regarding West Canon Manor Subdivision: City Manager, Netter reviewed Mr. Baldocchi's letter wherein he states that over 50% of the property owners in West Canon Manor would not agree to just the hook up of water but would also like to see sewer improvements. Vice -Mayor Eck stated he would like to see clarification from the Canon -Manor Homeowner's Association as to how our wells in the M Section are adversely affecting their water system. Councilmember Spiro referred to paragraph 3 of the letter which states the homeowners will not vote to hook up to water only and asked what the City was expected to do in this regard. Vice -Mayor Eck stated that the City couldn't be expected to pick up those costs as it will be a huge expense. Councilmember Spiro suggested that the water hookup and sewer all be done at once in order to save money of having to dig up the area again. Vice -Mayor Eck stated that staff needs to meet with them and clarify what the City is willing to do for them and to discuss creating an Assessment District. City Manager, Netter stated that until we can find an allocation of sewer hookups there is no allocation available from either Rohnert Park, Santa Rosa or the County. Rnhnert Park City ('nnnril Min..tno / u i • _..__a 99 --------- -- "-- -�._., �........... ..........w � iv j tiU�,UJl 4 /,1770 Vice -Mayor Eck suggested that he, City Manager and City Engineer, Ron Brust, meet with the Canon -Manor homeowners to discuss these issues as he is familiar with the area and assessment district procedures. It was the consensus of Council to send a letter and attempt to clarify what can and cannot be initiated. Estimated Wastewater Capacity Report and Wastewater Flow Needs Report/Building Permit allocation - update City Manager, Netter reviewed a report on remaining estimated wastewater capacity through August 20, 1996 that was based on November, 1995 average dry weather flow (mgd), along with a letter from Ron Brust, City Engineer to Miles Ferris, Director of Santa Rosa Utilities. Copy of these reports are attached to the original set of these minutes. Mr. Netter explained the 5% error factor discussed with the City of Santa Rosa and confirmed in the attached letters, and what effect it would have on the City's sewer capacity. Vice -Mayor Eck asked if the statistics are going to allow for plus or minuses, why not say it is a minus and asked why staff is only concerned with the higher numbers. City Manager Netter stated that the City of Rohnert Park is over, based on the sewer flows estimates, but with the 5% error factor applied, will be below capacity limits. Mr. Netter stated the city has confirmed the 5% factor with Miles Ferris and City Engineer Ron Brust. Mr. Netter also referenced Amendment No. 4 which provides for a temporary loan of sewer capacity from Santa Rosa. But because of the cost questions, did not want the loan confused with the 5% error factor provision. Vice -Mayor Eck asked how much the City would have to pay for the loan and questioned the reference to interim use and at the same time the city keeps expanding their plans and soon we will be paying increased costs. He asked how will the money be recovered from those homes? City Manager Netter stated that the loan is a separate issue and we will be holding off the loan until actual costs and methodologies are known. Councilmember Spiro asked if the City can arbitrarily charge people at the highest rate going in and then the city could be covered for costs. City Attorney, John Flitner, advised such an action could be accomplished through a Development Agreement with the developers and it would have to be consensual. Rohnert Park City Council Minutes ( 17 ) August 27, 1996 Vice -Mayor Eck stated he had a problem with the rush being put on the loan issue as we have ten years to accomplish this and he didn't understand why the city is not taking their time on this subject. City Manager, Netter stated the City is presently continuing to issue permits for Honey - brook Subdivision, Rohnert Park East and West Subdivisions, and commercial/industrial projects, as authorized previously by the City Council, based on the 5% error factor calculations to meet the City's current commitments, until directed to do otherwise. Council did not change its prior authorization or direction to allow continued issuance of building permits. Shopping Cart Program - Update and impacts of AB 317 City Manager, Netter advised that the Governor signed AB 317 into law and this bill puts control of shopping cart retrieval legislation at the state level. He stated that the new law is very cumbersome and needs to be incorporated into our current city ordinance. Councilmember Reilly suggested a letter be sent to the State and advise them how well our city ordinance has worked and this should be handled at a local level. Vice -Mayor Eck referred to a new type of shopping cart that will only go for a certain distance and then lock up and felt that the supermarkets should look into purchasing them as they would probably save money in the long run. Televising Planning Commission Meetings: City Manager, Netter advised that the Planning Commission voted not to be televised and the Council could over ride that decision if they wished to. He stated to televise the Planning Commission meetings it would just be necessary to turn the TV camera on and off and no other staff time would be required. Councilmember Reilly suggested a six month trial and see if televising the meetings generates any interest in continuing to televise them. Councilmember Spiro stated that if the Planning Commission is to be televised, then Parks & Recreation and the Mobile Home Parks Rent Appeals Board meetings should also be televised. City Manager, Netter stated that the availability of air time is also a constraint. Vice -Mayor Eck stated that he has not been told by even one person that the televising of the City Council meetings has made a difference to them. Councilmember Reilly disagreed and stated that because some people may find the meetings boring should not deny others public access to view the city's meetings and it should be the citizens who decide. Rnhnort Parlr r;+ • 1'.,.......1 A4.­*­ 1 40 - -- - - - a................... S k -to Auf usl L%, IYV Councilmember Spiro stated she didn't think the Council should over turn the Planning Commission's decision. Discussion ensued. Upon motion by Councilmember Reilly, seconded by Councilmember Gallagher, televising of Planning Commission meetings for a six month period, was unanimously approved. with the following amendment by Mayor Flores. Mayor Flores added a friendly amendment to the motion and suggested that other Commission meetings be televised on a rotating basis (one month at a time). Council agreed to the amendment. Council Committee Reports *CORRECTION BELOW from 9/1/96 City Council meeting: Per Councilwoman Spiro (deletion lined out/correction underlined) Councilmember Spiro stated she has been in contact with the Veteran's Association regarding the Vietnam *teeing- viewed Memorial in Rohnert Park and they are researching to see if there is any interest among Rohnert Park residents. Councilmember Spiro also wished to establish a meeting date for the Golf Course Committee. Communications: Communication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Matters froWfor Council: *CORRECTION BELOW from 9/10/96 City Council Meeting: Per Councilwoman Spiro (deletion lined out/correction underlined) Councilmember *fie Gallagher stated she had received a letter from a resident who was having trouble getting their license plate back from Public Safety and asked City Manager, Netter to look into it. City Manager, Netter stated he would look into this matter and report back to the Council as to the circumstances. East Side Development. Vice -Mayor Eck inquired regarding east side development proposals being made by Quaker Hill, Jimmy Rogers and Condiotti and stated it has come to his attention that maps and have been made for new developments. Vice -Mayor Eck expressed his concern that the City Council was not aware of any of these proposed projects and felt that the public and the Council should be made aware of any proposed plans. Mayor Flores stated that none of the developers have brought any plans to the Council that he was aware of Vice -Mayor Eck stated there are a lot of rumors being circulated and the Council should be aware of what is going on. Rohnert Park Cite Council Minutes (19) August 27, 1996 City Manager, Netter, suggested he would compose a letter to the developers in question. Councilmember Reilly stated that the letter should be very direct and include that urban growth boundaries and good projects do go together. Councilmember Spiro asked if the political posturing was going to continue at every City Council meeting until the elections. Councilmember Gallagher made the motion for the meeting not to continue after 10:00 p.m., seconded by Councilmember Spiro. Mayor Flores overturned the motion as it was already 10:15 p.m. Founders Day, Saturday, Sept 21, 1996 - Parade Route City Manager, Netter reviewed the Founder's Day parade route and advised that some city streets would be closed down or one way for a portion of the parade. Discussion ensued among Councilmembers regarding the closing of streets, use of Public Safety staff, etc. Vice -Mayor Eck suggested that Rohnert Park Expressway be kept two way traffic. City Manager, Netter stated he would meet with Director of Public Safety, Rooney, if the Council did not approve of the parade route. Councilmember Reilly asked for a report at the next City Council meeting. *CORRECTION BELOW from 9/10/96 City Council meeting: Per Councilwoman Spiro (deletion lined out/correction underlined) Councilmember Spiro advised that the Golf Course meeting will be held at 8:45 a.m., Tuesday, September *--3- 17, 1996. Councilmember Spiro presented a letter to Mayor Flores from the Mayor of Hashimoto. Councilmember Spiro asked regarding the Sign Ordinance and also stated that the intersection of State Farm Drive and Commerce is hazardous and asked when staff is going to correct the situation. City Manager, Netter stated City Engineer, Ron Brust spoke with property owner Howard Boggs to restrict parking at that location. Council indicated other roads feeding into Commerce Blvd. should also be looked at for safety. Councilmember Reilly requested Council's support for the Shrine Hospital for Children Week from September 16 -21, 1996, with a clinic to be held on September 21st. i?n6nn.t DnaL f;t., ! ;1 M:....t 7n ♦_ L1 Inns HU�'UJl , lY7V Mayor Flores stated that at the Sonoma County Mayor's and Councilmembers meeting the *City of Healdsbur-g's Mayor- intfedueed the new Poliee Chief for HealdsbuFg City Manager of Healdsburg and the Santa Rosa Police Chief were appointed to the County Law Enforcement Oversight Committee. *CORRECTION ABOVE from 9/10/96 City Council meeting: Per Mayor Flores (deletion lined out/correction underlined) City Manager's Report: Abatement of Building at 6288 Redwood Drive - Fire Code violations City Manager, Netter advised City staff is working with Codding Enterprises to correct the conditions at 6288 Redwood Drive due to fire code violations. FCC's decision on Cable Telecommunication JPA challenge on rate regulation City Manager, Netter advised that the City lost on this decision. Wastewater Long Term EIR - CD ROM available at City Hall for check out City Manager, Netter reported that the wastewater diversion rate, which is consistently 45% was one of the best in the State and acknowledged Assistant City Manager, Leivo for his work on this. Mr. Netter also advised that the CD ROM was available at City Hall to any citizen who wanted to view it. AB 939 -1995 Annual Report City Manager, Netter included this report in the packet for Council review and stated there would be a clean up week set up. Miscellaneous Councilmember Spiro suggested that some basic landscaping be done at the Animal Shelter and recommended that perhaps the FAIRE members would volunteer their time to accomplish this. Mayor Flores recommended a joint meeting with the school district to meet the new Board members. Mayor Flores advised that Creekside School is planning on coming to the City Council for a proposed lot split. City Manager, Netter, shared a good rumor that perhaps K -Mart and Price Club have potential buyers. Councilmember Reilly recommended that the City show force by meeting with the potential new owners along with the President of the Chamber of Commerce and really sell them on the city. City Manager, Netter stated he has been in touch with Codding and staff is making every effort to encourage the potential new owners to locate here. Rohnert Park City Council Minutes ( 21 ) August 27, 1996 City Attorney's Report: City Attorney, John Flitner, reported on Ellis vs. State of Calif. and stated it would worthy of the Council to show amicus support on this case. He stated that the plaintiff had not participated and part of the claim should be related to the State. The court rejected the case and amicus support could reverse that decision. Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, the amicus support was unanimously approved. Councilmember Spiro inquired regarding campaign contributions. City Attorney, John Flitner advised that the FPCC looks to the individual to report contributions. Mr. Flitner advised if the contribution amounts to more than $250.00 you may wish to abstain. ADJOURNMENT. • Mayor Flores adjourned the meeting at approximately 10:25 p.m. 6;6�� )�� ��' "eeyr✓ Deputy City Clerk Mayor mem 4 ?1,7,71Y� 1 � CITY OF ROHNERT PARK REMAINING ESTIMATED WASTEWATER CAPACITY THROUGH AUGUST 20, 1996, BASED ON NOVEMBER, 1995 AVERAGE DRY WEATHER FLOW (MGD) RLB 8/20/96 1995 Average Dry Weather Flow (November, 1995) Less: Cotati 0.586 Sonoma State University 0.099 Subtotal 0.685 Rohnert Park Existing Flow as of December 1, 1995 Plus Estimated flow from Units with Permits Issued or Finaled and Not Occupied as of December 1, 1995 Single Family (SF) • Rohnert Park Sub. West 34 units @ 298 gpd/unit/1,000,000 0.0101 • Rohnert Park Sub. East 32 units @ 298 gpd/unit11,000,000 0.0095 • Honey Brook Place 11 units @ 298 gpd/unit/1,000,000 0.0033 Multiple Family (MF) • Laguna Apartments 53 units @ 213 gpd/1,000,000 0.0113 • The Gardens Apts. (Burbank) 20 units @ 213 gpd/1,000,000 0.0043 • The Manor Apts. (Codding) 24 units @ 213 gpd/1,000,000 0.0051 Commercial/Industrial • In N Out Burger 1 project • Hewlett Packard Bldg. #3 1 project • Next Level Communications 1 project • Security Self Storage 1 project • Red Lion Plaza Tenant Improvement 1 project Subtotal Total Rohnert Park Existing and Estimate Flow Capacity Service Rohnert Park Area Less: Cotati 0.624 Sonoma State University 0.100 0.724 0.0015 0.0002 0.0011 0.0001 0.0001 3.760 (0.685) 3.075 0.0466 0.0466 3.1216 3.840 (0.724) Rohnert Park 3.116 ROHNERT PARK REMAINING CAPACITY THROUGH AUGUST 20, 1996 (Difference) Remaining Capacity = (0.0056 mgd) X 1,000,000 gal/m = (18.8 SF Units) 298 gal/day /SF unit Remaining Capacity = 0.1502 mgd X 1,000,000 ag l/m = 504.0 SF Units 298 gal/day /SF unit 3.1216 3.116 +5 %= 3.2718 (0.0056) 0.1502 CITY OF ROHNERT PARK 6750 Commerce Boulevard Rohnert Park, Sonoma County, California Telephone (707)793 -7239 FAX (707)793 -7274 August 21, 1996 Mr. Miles Ferris, Director Santa Rosa Utilities 4300 Llano Road Santa Rosa, CA 95407 File: Wastewater -- Subregional wastewater System Dear Miles: At our meeting on Monday, August 19, 1996, you advised me that the 0.1207 mgd sewer capacity proposed to be loaned to the City of Rohnert Park by the City of Santa Rosa as part of the Subregional Wastewater System's Agreement Amendment No. 4 would be part of Santa Rosa's 12.07 mgd share of the existing 18 mgd Laguna Treatment Plan capacity. You indicated that the cost to the City of Rohnert Park during the term of the loan would be to pay the 0.1207 mgd incremental costs for both the existing capacity bond costs and for the 60% capacity preservation project. I greatly appreciated meeting with you and will be forwarding your comments to the City Manger and City Council for their information. Very truly yours, CITY OF ROHNERT PARK Roland L. Brust Director of Public Works /City Engineer/ M PC: Joseph D. Netter, City Manager CITY OF RONNERT PARK 6750 Commerce Boulevard Rohnert Park, Sonoma County, California Telephone (707)793 -7239 FAX (707)793 -7274 August 21, 1996 Mr. Miles Ferris, Director Santa Rosa Utilities 4300 Llano Road Santa Rosa, CA 95407 File: Wastewater -- Subregional wastewater System Dear Miles: Thank you for meeting with me on Monday, August 19, 1996, to discuss wastewater capacity. You advised me at that meeting that a +5% wastewater meter error factor is within normal meter operation accuracy. Using this accepted meter accuracy the Rohnert Park area wastewater flow capacities are as follows: A enc City of Rohnert Park Sonoma State University City of Cotati Average Dry Weather Flow Allocated Capacity mgd 3.116 0.100 0.624 3.840 Average Dry Weather Flow Allocated Capacity at +5% meter error mad 3.272 0.105 0.655 4.032 You also advised that wastewater flows within a +5% meter error range are acceptable and are not considered to be exceeding capacity. Additionally, you noted that because of the meter variability it takes several years of average dry weather flow at or above the +5% capacity range before reasonably accurate capacity can be established. Very truly yours, CITY OF ROHNERT PARK Roland L. Brust Director of Public Works /City Engineer/ m PC: Joseph D. Netter, City Manager WASTEWATER FLOW NEEDS REPORT RLB 8/20/96 Units Issued 1. From Wastewater Capacity Report dated 8/20/96 18.8 SFD units @298 gpd/1,000,000 = 0.0056 mid Subtotal 0.0056 mgd Units Committed 1. Honey Brook Subdivision 6 SF units @ 298 gpd/1,000,000 = 0.0018 mgd 2. Rohnert Park West Subdivision 102 SF units @ 298 gpd/1,000,000 = 0.0304 mgd 3. Rohnert Park East Subdivision 109 SF units @ 298 gpd/1,000,000 = 0.0325 mgd Subtotal 0.0647 mgd Units Needed to Complete Existing City Limits Beyond Units Committed 1. Single Family Dwellings a. Park Estates Subdivision 1 SF @ 298 gpd/1,000,000 = 0.0003 mgd b. Mountain Shadows Subdivision No. 2 1 SF @ 298 gpd/1,000,000 = 0.0003 mgd 2. Multi Family Dwellings a. Bodway Parkway E. side s/o E. Cotati Ave. 5 AC @ 20 units /AC = 100 units @ 213 gpd/1,000,000 = 0.0213 mgd b. 1400 E. Cotati Ave. 0.75 AC @ 20 units /AC = 15 units 15 units @ 213 gpd/1,000,000 = 0.0032 mgd c. S/W Blvd. Shopping Center 7 AC @ 20 units /AC = 140 units 140 units @ 213 gpd/1,000,000 = 0.0298 mgd d. Maurice Ave. s/o Shell Station 0.4 AC @ 20 units /AC = 8 units 8 units @ 213 gpd/1,000,000 = 0.0017 mgd e. N.E. corn. E. Cotati Ave. & Camino Colegio 1.3 AC @ 20 units /AC = 26 units @ 213 gpd/1,000,000 = 0.0055 mgd f N. Side E. Cotati Ave. w/o Camino Colegio 0.75 AC @ 20 units /AC = 15 units @ 213 gpd/1,000,000 = 0.0032 mgd g. Laguna Dr. (Codling 2 parcels) 80 units @ 213 gpd/1,000,000 = 0.0170 mgd h. N. E. corn. State Farm Dr. & City Hall Dr. 2 AC @ 20 units /AC = 40 units @213 gpd/1,000,000 = 0.0085 mgd i. S. side Hagemann Ln. at Snyder Ln. 10 AC @ 20 units /AC = 200 units @ 213 gpd/1,000,000 = 0.0426 mgd (Multi Family Subtotal = 0.1331) 3. Commercial 65.4 AC @ 300 gpd/1,000,000 = 0.0196 mgd 4. Industrial 210 AC @ 300 gpd/1,000,000 = 0.0630 mgd 5. Profession (City Hospital site) 10 AC @ 300 gpd/1,000,000 = 0.0030 mid Subtotal = 0.2190 mgd Page 1 Wastewater Flow Needs Report 8/20/96_ Remaining Areas in Sphere of Influence 1. Wilfred Avenue Area 22 AC @ 300 gal/AC /1,000,000 2. Cannon Manor Subdivision 241.2 AC @ 3 units /AC = 724 units @ 298 gpd/1,000,000 Other Agena &guests 1. Sonoma State University Additional Need Page 2 Subtotal TOTAL NEED = 0.0066 mgd = 0.2158 mgd = 0.2224 mgd = 0.1000 mad = 0.6117 rngd