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1997/06/10 City Council MinutesRohnert Park City Council Minutes June 10, 1997 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 Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately 8:04 p.m. and led the pledge of allegiance. ROLL CALL: Present: (4) Councilmembers Flores, Mackenzie, Vidak- Martinez, and Mayor Spiro Late: (1) Councilmember Reilly (arrival time as signified in these minutes) Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Acting City Engineer Gaffney, Finance Director Harrow and Accounting Supervisor Lipitz. 1. CLOSED SESSION. • Mayor Linda Spiro reported on the closed session which commenced this evening at 6:00 to discuss meet and confer personnel matters listed on the agenda, for the purpose of setting perimeters. This report represented an update and no action was taken. Z APPROVAL OFMINUTES. Corrections to the previous meeting minutes were made by Council and signified on original set of minutes. Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, with Mayor Spiro abstaining due to absence from the meeting and Councilmember Reilly absent, the minutes of June 10, 1997 were otherwise unanimously approved as amended. 3. APPROVAL OF BILLS. Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez, with Councilmember Reilly absent, City bills presented per the attached list in the amount of $1,193,347.57 were unanimously approved. 4. ADDING INFORMATIONAL NON-AGENDAED MATTERS: Mayor Linda Spiro asked Councilmembers or staff if there were any non - agendaed informational items. Councilmembers signified informational items to add under Matters from Council as follows: • Councilmember Mackenzie signified one item to be agendized for a future meeting regarding televising the Planning Commission meetings; *Mayor Spiro signified adding one or two miscellaneous items, if time permits. Rohnert Park City Council Minutes (2) June 10, 1997 S. YOUTH CITY COUNCIL REPRESENTATIVEJrom 1996 -97 Youth of the Year Program Youth Representative Kathleen Maddan expressed appreciation to the City Council for its support and encouragement throughout the past year to the 1996 -97 Youth of the Year representatives. She extended invitations to the Council to attend the Class of `97 Graduation Ceremony at Rancho Cotate High School, 6:00 p.m., Friday, June 13, 1997. Council commended the 1996 -97 Youth Representatives on their valuable contribution and exceptional efforts over the past year and for sharing their ideas and perspectives of youth. 6. PRESENTATIONS: Mayor Linda Spiro consecutively and separately shared contents of documents expressing appreciation on behalf of the full Council, and made presentations as follows: *Certificates of Appreciation to 1996 -97 Youth of the Year Representatives David Arneson Sarah Campbell Veronica Ham Jessica Klonsky Kathleen Maddan Celina Yong The Youth Representatives listed herein were all present to receive the Certificates of Appreciation with the exception of Veronica Ham. *Proclamation Honoring F`vglv' of the Senior Crafts Shoppe for Volunteer Work in the Community and Extending Congratulations for Receiving the J. C. Penney Golden Rule Award Councilmember Reilly arrives - Councilmember Reilly arrived during the above presentation at approximately 8:15 p.m. 7. UNSCHEDULED PUBLIC APPEARANCES. Mayor Linda Spiro stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time (limited to 3 -5 minutes per appearance with a 30 minute total time limit). 1) Stan Miller, 154 Madrigal, reviewed reasons expressing support of Marie Vinsick's interest in the appointment to fill the vacancy on the Housing Financing Authority Board. 2) Debbie Churchill, 138 Bilboa Court, President of Rancho Feliz Mobile Home Park Residents Association, reviewed reasons for her interest in the appointment to fill the vacancy on the Housing Financing Authority Board. Rohnert Park City Council Minutes (3) June 10 1997 3) Charles Kitchen, 4945 Fern Place, shared comments expressing disapproval of having uniformed officers at the previous Council meeting. He did not agree with Vice Mayor Vidak - Martinez's explanation supporting this procedure in her recent editorial letter in the Community Voice. He suggested scheduling a time to discuss differing views on this matter. Council shared background comparisons and expressed varied opinions regarding this issue. Discussion concluded in Mayor Linda Spiro signifying agreement with having a Sergeant of Arms at every Council meeting, as allowed in the City's Municipal Code By -Laws, which is very common in many of the other cities in this county. Councilmember Reilly requested, for the record, to have this item placed on the next agenda for discussion. -- Mayor Spiro signified it is the presiding officer's prerogative, and is the way it stands now, but could be discussed later. *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 8. CONSENT CALENDAR Mayor Linda Spiro asked if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Councilmember Flores requested removal of Resolution No. 97 -104 from the Consent Calendar for discussion. Councilmember Reilly requested removal of Resolution No. 97 -107 for discussion. Acknowledging the City Manger /Clerk's report on the posting of the meeting's agenda Resolution Nos: 97 -105 APPROVING AN EXTENSION OF THE LEASE AGREEMENT WITH SONOMA COUNTY PEOPLE FOR ECONOMIC OPPORTUNITY (SCPEO) FOR THE USE OF BURTON AVENUE RECREATION CENTER 97 -106 AUTHORIZING AND APPROVING AN OPERATIONAL AGREEMENT WITH YWCA OF SONOMA COUNTY DOMESTIC VIOLENCE SERVICES PROGRAM 97 -108 HOLDING THE ROHNERT PARK MOBHLEHOME PARK OWNERS HARMLESS FROM PROPOSITION 218 CLAIMS SUBJECT TO SPECIFIED TERMS AND CONDITIONS (Pass through mobilehome registration fees) Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, with the exceptions of Resolution Nos. 97 -104 and 97 -107, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes (4) June 10 1997 Resolution No: 97 -104 COMMENDING .LAMES D. BAKER ON THE OCCASION OF HIS RETIREMENT Councilmember Flores commended Lieutenant Jim Baker's approximately twenty years of important and dedicated service with the City and recommended this resolution of recognition be personally presented by the Mayor or Vice Mayor. Council concurred to schedule this presentation on its next regular meeting agenda. Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak - Martinez, and unanimously approved, Resolution No. 97 -104 was adopted. Resolution No: 97 -107 EXPRESSING SUPPORT OF THE SONOMA STATE UNIVERSITY PLAN Councilmember Reilly signified wholehearted support of the Sonoma State University Plan and recommended the Mayor read this resolution. Mayor Linda Spiro shared contents of Resolution No. 97 -107 expressing the support of the City Council for Sonoma State University's continuing efforts to manage enrollment growth and meet the demand for increased student access to higher education by developing "distance learning" facilities on the campus which will provide students with an alternative means to pursue their education and reduce the pressure on local infrastructure. Upon motion by Councilmember Reilly, seconded by Mayor Spiro, the adoption of Resolution No. 97 -107 was unanimously approved. ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 9. Accepting "CERTIFICATE OFACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING" from the Government Finance Officers Association for the City's Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 1996 (15th consecutive year) & Presentation of the Award of Financial Reporting Achievement to Accounting Supervisor Sandra M. Lipitz City Manager Netter explained the background and significance of these prestigious awards, as reviewed in the Council Meeting Memo, which the City has received for fifteen (15) consecutive years. -- Mayor Linda Spiro separately presented the awards to Finance Director Mike Harrow and Accounting Supervisor Sandy Lipitz. Council expressed appreciation for the efforts of the entire staff of the Finance Department. 10. CABLE TV SYSTEM REBUILD City Manager Netter referred to the map on display representing initial locations for the Cable TV System Rebuild and advised the staff report provides an update on this item which is planned to begin July 1, 1997. It is estimated to be completed by December 1997. The City's current franchise agreement requires the cable company to upgrade its system to a minimum of 54 channels by December 13, 1998. Steve Lamb, General Manager, Century Communications, provided a video presentation on this item, referred to example "Ped Rock" on display to be installed in Rohnert Park for the new pedestals, and responded to Council questions. Council commended the upgrade. Rohnert Park City Councii Minutes (5) June 10. 1997 11. BICYCLE ADVISORY COMMITTEE Appointment. (t<vo year term to expire 12131198) •Possible appointment to fill vacancy left by William Brown (JR nomination) City Manager Netter referred to the advertisement of this opening in the local press and advised no applications have been received to date. Councilmember Reilly deferred his nomination and recommended continued outreach efforts to advertise the opening. 12 HOUSING FINANCING AUTHORITYAppointment. (initial one year term to expire 12- 31 -97) *At Large Appointment to fill vacancy from Douglas Anderson resignation City Manager Netter referred to three fact sheet applications received for this opening and to the recommendations made earlier this evening. Councilmember Flores acknowledged that all three applicants were very capable candidates. A motion was made by Councilmember Flores, seconded by Mayor Spiro, to nominate Marie Vinsick for this appointment due to her experience and services she has had on the existing Mobile Home Park Rent Appeals Board. -- City Attorney Flitner advised deferral of this appointment to the next Council meeting due to the need to review possible incompatibilities on conflicts with Ms. Vinsick also serving on the Rent Appeals Board. - -Based on the recommendation of Legal Counsel, Councilmember Flores withdrew his motion, and Mayor Spiro withdrew her second, pending legal opinion on this item. 13. DOROTHY ROHNERT SPRECALES PERFORMING ARTS CENTER MATTERS: 1) Council Committee Reuort Council Committee Members Mayor Spiro and Councilmember Mackenzie reported on the meeting held last Thursday to review anticipated results of the 1996 -97 Season for the Performing Arts Center. Statistical information and grafts were provided to Council regarding same. Comments included comparisons of reduced subsidies from previous years; additional signage needs for better announcements of events to the community; efforts to encourage sign -ups by offering reduced subscription package rates for next season; informal proposal from Nancy Dobbs of KRCB -TV, Channel 22, to trade off promotional services for rent which the Mayor encouraged to be presented during the City's budget work sessions; and compliments extended for the quality of past performances at the Performing Arts Center and for those planned for the upcoming season. Resolution No: 97 -109 APPROVING RATES FOR TICKETS AND SUBSCRIPTIONS FOR 1997 -98 Upon motion by Councilmember Mackenzie, seconded by Mayor Linda Spiro, and unanimously approved, with the Mayor signifying she would like to include one comment that the subscription prices should be higher as it is such a good deal, reading of the resolution was waived and Resolution No. 97 -109 was adopted. Councilmember Reilly pointed out for the purpose of clarity during upcoming budget sessions, that the City has always provided subsidy for the Performing Arts Center, which has progressively reduced to the current annual amount of approximately $200,000. Rohnert Park Citv Council Minutes (6) June 10 1997 Councilmember Reilly leaves1returns - Councilmember Reilly left the Chamber at approximately 9:16 p.m. during concluding comments of previous agenda item and returned at approximately 9:20 p.m. during opening comments of the next agenda item. 14. PRESENTATION OF THE PROPOSED 1997 -98 CITY OF ROHNERT PARK BUDGET City Manager Netter advised the Proposed 1997 -98 Budget was provided to Council with inclusion of the budget memo summarizing aspects of the City's $20 million budget and reduction of General Fund Reserves on page 13 to 8% from 10 %, as directed by Council at its previous meeting. Mr. Netter distributed and reviewed two additional reports for Council's information regarding (1) Reserves 1993 -94 through 1997 -98; and (2) Number of Employees FY 88 -89 through FY 97 -98. Mayor Linda Spiro advised she reviewed the video tape of the previous Council meeting and signified, for the record, that she is not in favor of reducing the reserves from 10% to 8 %. She explained numerous reasons for this approach being unacceptable with examples speaking from her experience as one who had a retail business. She urged necessary reduction of expenditures and emphasized it is extremely important not to reduce reserves. Discussion followed during which Council referred to previous review of budget concerns, including those expressed above by the Mayor, and confirming that these are the reasons Council signified the need to review these concerns realistically during the upcoming budget work sessions. Council concurred to schedule the 1997 -98 budget work sessions from 4:30 p.m. to no later than 8:00 p.m. on the Monday afternoons of April 16th and April 23rd. 15. GENERAL PLAN TECHNICAL UPDATE MATTERS: City Manager Netter referred to several resolutions presented to Council, as listed on the agenda, for approval of contracts for services regarding the General Plan Technical Update. Staff recommends approval of these services in order to proceed in a timely manner with the General Plan Technical Update as previously directed by Council. Assistant City Manager Leivo reviewed his staff reports provided for each service contract and responded to Council questions. Discussion followed during which Council shared differing views related to this agenda item. Councilmember Flores, Vice Mayor Vidak - Martinez and Mayor Spiro reviewed reasons for supporting the documents as presented. Councilmembers Mackenzie and Reilly reviewed reasons for preferring to call for bids on these services to compare qualifications of northern California possibilities. -- Assistant City Manager Leivo responded that in certain procurement procedures there are occasions when particular firms have a unique knowledge of your community. He felt that each of these four cases have these unique circumstances and background including expertise of legalities. Also, the dollar amount of each of these contracts is consistent with the general costs of these kinds of consulting services. -- Councilmember Mackenzie expressed additional concerns regarding the takings issue of another city going before the Supreme Court. He did not want Rohnert Park to become involved with related legal challenges, such as county community separator areas, LAFCO condolence, etc. Rohnert Park Citv Council Minutes (7) June 10, 1997 Resolution Nos: 97 -110 APPROVING AN AGREEMENT WITH ILLINGWORTH & RODKIN TO PROVIDE ACOUSTICAL CONSULTING SERVICES 97 -111 APPROVING AN AGREEMENT WITH HUDSON & ASSOCIATES TO PROVIDE PLANNING CONSULTING SERVICES 97 -112 APPROVING AN AGREEMENT WITH CRANE TRANSPORTATION GROUP TO PROVIDE TRAFFIC ENGINEERING SERVICES 97 -113 APPROVING AN AGREEMENT WITH FREILICH, KAUFMAN, FOX & SOHAGI TO PROVIDE LEGAL SERVICES Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak- Martinez, and approved 3 -2 by roll call vote with Councilmember Mackenzie and Reilly dissenting, reading for the resolutions was waived and Resolution Nos. 97 -110 through 97 -113 were separately and consecutively adopted approving designated agreements for the City's General Plan Technical Update. Discussion during the motion included request by Councilmember Mackenzie to note for the record as an individual concern of his, that by this action the Council is hiring an attorney who is interested and stimulated in that area involving lands on the west side and community separator, and referring to the recent article on the community separator case in the Supreme Court, there is going to be challenges over community separators that will certainly be worth watching. -- Councilmember Reilly advised he could not support any of these contracts due to pending budget work shops with the need to start making cuts. Although $100,000 was budgeted last year for General Plan procedures, nothing says it has to be spent. Committing to this expenditure prior to budget reviews, even though its a comparatively small amount, does not seem appropriate. Also, he thought it was appropriate to go through the exercise of request for proposals just to keep these four companies on their toes and know that Rohnert Park is willing to consider savings. Mayor Linda Spiro responded to request by Councilmember Mackenzie to comment further on this matter, that he already had his turn to speak. Councilmember Mackenzie asked for the record to show he was denied the opportunity to make a final statement on this item. City Attorney Flitner responded to the Mayor's inquiry pertaining to Council statements on an issue; that statements are allowed by each Councilmember desiring to do so. As for allowing additional comments to partial statements, there was nothing written on it that he knew of, but there is a rule that can limit debate after everyone had a say. Mayor Spiro signified, with the City Attorney's clarification on procedures, that Council should move forward to the next agenda item at this time. Rohnert Park Cite Council Minutes (8) June 10 1997 16. STRATEGIC PLAN ISSUES: 1) Review "mission statement" perceptions from each Councilmember Councilmember Flores distributed a mission statement he prepared combining those presented at the previous Council meeting. Mayor Spiro commended his effort and referred to mission statement also provided by Vice Mayor Vidak - Martinez. The Mayor recommended deferral of the item and asked if Councilmember Reilly and Vice Mayor Vidak- Martinez could meet to combine these statements into one mission statement for consideration by the Council at the next meeting. Council concurred. EXTEND COUNCIL MEETING: A motion was made by Councilmember Mackenzie, seconded by Councilmember Flores, and approved 3 -2 with Councilmember Reilly and Mayor Spiro dissenting, to extend the Council meeting past 10:00 p.m. to finish necessary agenda items. 17 COUNCIL COMMITTEE REPORTS: 1) Rohnert Park Cultural Arts Commission (Flores/Mackenzie) •Policy on Naming of Rooms/Facilities Councilmember Flores reviewed the Committee draft prepared for this item regarding Procedures for Honoring Residents and Other Worthy Persons dated May 27, 1997 (copy attached to original set of these minutes). This draft was presented at the previous Council meeting and deferred to this meeting to enable review by the full Council. Discussion concluded upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, to accept the above - reviewed policy with amendment by Councilmember Reilly to add the word "and" between directives 1 & 2 listed under each of the three headings, i.e. requiring a recommendation by the specified Commission or Board "and" direct action of the City Council, was unanimously approved. 2) Golf Course (Spiro) -- Mayor Linda Spiro reported on the recent Golf Course Committee meeting which included a citizen critique of the golf course. Plans for expanding the snack bar on the North Course have been canceled due to discovering that the area extended over a major storm drain. They are still waiting to hear from FEMA regarding possible funds for flooding problems, but did not have much hope for this. Some uprooted trees have recently been moved from one site to another. The arborist also explained the problem of finding beetles in pine trees. The next meeting, which was scheduled in July, was deferred until after budget meetings. City Manager Netter referred to photographs available to review regarding conditions and progress of efforts on the golf course. Mayor Spiro added that even though the golf course is city owned, it is not a park and stressed it should not be used for taking walks as there has been some problems with this. 3) Senior Citizens Advisory Commission -- Mayor Linda Spiro reported the Senior Citizens Advisory Commission had a meeting recently. She did not receive the monthly information on fundraising efforts but would provide a report on this later. Rohnert Park City Council Minutes (9) June 10, 1997 18. TRANSPORTATION MATTERS: 1) Sonoma County Transportation Authority (SCTA) meeting, Monday, 6/9/97 Acting City Engineer Gaffney reviewed results of this meeting signified on the agenda of same provided to Council. The major action item was approval of SCTA's annual budget. Another item discussed was regarding who was going to take the lead in the formulation of the upcoming transportation initiative. The final decision was that the SCTA Executive Committee would work in liaison with the Citizens Advisory Committee (CAC) to write the initiative. 19. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1) Mayor Linda Spiro referred to item #25 on Communications from the League of California Cities urging participation in "Resources for Youth Month ". She advised Council was provided with the proclamation over the Mayor's signature signifying support of this effort. A motion was made by Councilmember Reilly, seconded by Mayor Spiro, and unanimously approved, signifying this an emergency item. A motion was made by Mayor Spiro, seconded by Councilmember Reilly, and unanimously approved, to proceed with the proclamation as presented on behalf of the City Council proclaiming June 1997 "Resources for Youth Month ". 2) City Manager Netter referred to item #2 on Communications from the League of California Cities asking for assistance from cities to participate in fighting for the reimbursement of property taxes taken from local government over the past decade. City Manager Netter recommended a letter over the Mayor's signature signifying the Council's support of this effort. Mayor Spiro expressed agreement adding that the City should ask for 100% reimbursement of what the state took. Council concurred. 3) City Manager Netter referred to item #19 on Communications from Tom Crawford of the Sonoma County School -to- Career Partnership requesting endorsement of a grant appli- cation to the State of California. He recommended a letter over the Mayor's signature signifying Council's endorsement of this application. Council concurred. 4) Councilmember Reilly referred to an article in today's newspaper questioning curfews. Since the City has day time and night time curfews, he suggested needing to stay on top of concerns related to both. Councilmember Flores added that the challenge with the night time curfew had to do with the language and recommended the City Attorney check on it. Council concurred. Rohnert Paris City Council Minutes (10) June 10, 1997 20. MATTERS F'ROAFFOR COUNCIL: 1) Formation of an affordable housing non- profit foundation regarding request for Mayor's endorsement letter -- Mayor Linda Spiro requested deferral of this item for further review. 2) Public Safety review (Reilly) -- Councilmember Reilly explained background of the request for this review. He recommended placing it on the next agenda as a separate item, or during the budget work sessions, or both. Mayor Spiro signified this should be scheduled during a regular Council meeting. Council concurred. 3) A Safe Place for Kids" Program - San Jose model - Update (Reilly) City Manager Netter advised updated information was provided for this item and asked for Council direction. -- Councilmember Reilly noted, for the record, that this was a program he had heard about and the only thing he saw was a TV news item. It may be accomplished through combined efforts of the city, county, local school district, etc. This program seemed to compare with the concept of the "safe house" effort. Mr. Reilly referred to beneficial aspects of the training for this program that helps people know who to call for different types of problems, and thought it would be worthwhile to check into the "Safe Place for Kids" Program. It would have to be a community effort possibly promoted by either the Chamber of Commerce or the School District. -- City Manager Netter commented on the possibility of dovetailing this program into upcoming economic development efforts. Council concurred. 4) Eagle Scout Proiect: Flag Retirement Ceremony 10:00 a.m., Saturday, June 14, 1997, at Alicia Park -- Mayor Linda Spiro announced this event. 5) Joint Meeting with Chamber of Commerce -- Council agreed this joint meeting should be rescheduled due to Mayor Spiro being out of town on June 18, 1997, i.e. possibly the week of June 30th. 6) Televising Planning Commission meetings -- Councilmember Mackenzie requested this item be scheduled on a future Council agenda. Council agreed. 7) Youth Report re. University Square -- Councilmember Mackenzie referred to recent conversation with Lisa Frey, business owner at University Square Shopping Center, regarding her request to be contacted when the Student Representatives meet to review the concerns at University Square. -- Mayor Spiro responded that, hopefully, the Youth Representatives could be encouraged to proceed with this meeting before they graduate on June 13th. 8) Traffic Level of Service (LOS) -- Councilmember Reilly referred to the consideration of LOS dropping to "D" from "C ", with public hearing scheduled on the next Council agenda. Rohnert Park City Council Minutes (11) June 10 1997 21. CITYMANAGER'S REPORT.• 1) Rohnert Park Wellness Center Proposal -- City Manager Netter advised representatives of this proposal have requested the City Council public hearing date be changed from its meeting of June 24, 1997 to the Council meeting of July 8, 1997. Council concurred. 2) ALPHA "School to Career" ACADEMY/Mountain Shadows Middle School City Manager Netter referred to letter dated May 9, 1997 from this school regarding a study project about an imaginary city. The sixth grade students are interested in doing the study on a real city, which led the teacher to inquire about the possibility for Rohnert Park. Council concurred. 22. CITYATTORNEY'S REPORT.• 1) Hillsboro Case -- City Attorney Flitner provided an update on this case heard in the Court of Appeals on June 10, 1997, which included review of the issue regarding capital improvements. Results should be available in 60 to 90 days. 23. UNSCHEDULED PUBLIC APPEARANCES: There were no additional unscheduled public appearances at this time. 24. ADJOURNMENT. There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 10:43 p.m. to 1997 -98 Budget Work Sessions at 4:30 p.m., Monday, June 16, 1997 and 4:30 p.m., Monday, June 23, 1997. De ty Clerk Mayor jh/":o6io97.