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1997/06/24 City Council MinutesRohnert Park City Council Minutes June 24, 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 7:12 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak - Martinez, and Mayor Spiro 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, Planning Director Skanchy and Recreation Director Pekkain 1. CLOSED SESSION.- Mayor Linda Spiro reported on the closed session which commenced this evening at 6:00 to discuss matters listed on the agenda attachment, representing an update. No action was taken, with the exception of a litigation matter that City Attorney will report and Council take action under Rohnert Park District matters later on the agenda. 2. APPROVAL OFMINUTES. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the minutes of June 10, 1997 were unanimously approved as submitted. 3. APPROVAL OF BILLS: Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, City bills presented per the attached list in the amount of $1,161,698.08 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 information items to add under Matters from Council as follows: • Councilmember Mackenzie signified an item to be agendized for the July 8th Council meeting regarding a skateboard park in the City resulting from his recent discussion with young skateboarders; eCouncilmember Flores signified a Wine Center /Chamber Orchestra proposal; *Mayor Spiro signified having some miscellaneous items, if time permits. Rohnert Park City Council Minutes (2) June 24, 1997 5. MA YOR'S PRESENTATIONS: Mayor Linda Spiro shared contents of documents expressing appreciation on behalf of the full Council, and made separate presentations as follows: *Resolution commending James D. Baker on the occasion of his retirement from his position as Public Safety Supervisor (Lieutenant) on May 1 1997 and expressing appreciation for his nearly 20 years of dedicated service with the City of Rohnert Park's Department of Public Safety; *Proclamation congratulating Tina Anderson for receiving the Girl Scout's highest award; the Gold Award, which required numerous talents and abilities in leadership and community involvement; *Proclamation congratulating Sean Taylor for receiving exceptional 4 -H awards by earning the bronze, silver, gold and emerald star rankings in his first year and setting a precedent never - before accomplished in Sonoma County; and *Certificates of appreciation for Rancho Cotate High School Toilet Give -Away Program prepared for the following students: Jessica Klonsky, Toa Palu, Tara Burke - Miller, Jessica Batacao, `veronica Ham, Jessica Wright, Amie Schmale, Makenzie Burt, Christian Henington, Josh Lyons, Fri Freed, Jocelyn Nguyen, Remy Heng and Ben Cunningham A total of 811 toilets were distributed and returned for recycling, with funds raised to date in the amount of $12,165 from the water efficient toilet give -away event held at the high school on May 10, 1997. These funds will help pay for renovation of the high school's bathroom. Ms. Fiona Sanchez, the program representative from CTSI Corp., presented the check in the amount of $12,165 for this Rancho Cotate High School program, along with the certificates to be forwarded to the above - recognized students, which were received by Ms. Ali Davidson of the Sonoma County Water Agency. 6. SCHEDULED PUBLIC APPEARANCE: 1) Paul D. Stutrud re. water problems related to pressure and quality -- Mayor Linda Spiro referred to fax letter received earlier today from Mr. Stutrud requesting deferral of this item to a future agenda. 7. PRESENTATION by Santa Rosa Assistant City Manager, Ed Brauner re. Santa Rosa Long Term Wastewater Project *Key Dates, Study Sessions and Process for Selection of Alternatives Santa Rosa Assistant City Manager, Ed Brauner, made this presentation which included referring to the key dates and topics signified on the flyer distributed to Council, along with the June 11, 1997 meeting minutes of the Technical Advisory Committee, (copy of both attached to original set of these minutes. Mr. Brauner responded to Council questions. Council expressed appreciation for this comprehensive presentation and agreed to the importance of attendance to the study sessions by signified City staff and as many Councilmembers as possible. Responding to Mr. Brauner's confirmation that the summer wastewater study sessions would be televised and tapes would be available for viewing, Council agreed it would be advisable to consider scheduling a work session on this item prior to decisions anticipated in early September. Rohnert Park City Council Minutes (3) June 24, 1997 8. 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) Joi Losee, 943 Holly, urged Council to start the regular meeting at 6:00 p.m. by scheduling closed sessions later on the agenda, as a courtesy to those attending Council meetings for public presentations. She also asked what would happen if the Council did not support the Board of Public Utilities' decision on the above - reviewed wastewater project, and commented that this is an environmental, as well as an economic issue. Mayor Spiro responded this has been mandated by the federal government and the City will pay its approximate 20% of the plan whether or not Council agrees. Mayor Spiro further confirmed that the general public will also be able to attend the wastewater study sessions scheduled throughout this summer. 2) Lauri Heanue, 35 Madrigal St., reviewed reasons for her interest in the appointment to the Housing Financing Authority, including willingness to resign her current position on the Rancho Feliz Resident Association Board if this presents a conflict. 3) Linda Branscomb, 6585 Commerce Blvd. #188, reviewed reasons for not changing her views in regard to maintaining the Level of Service (LOS) standards of the City at level C for the comfort of the citizens, as well as economic viability. *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 9 CONSENT CALENDAR Mayor Linda Spiro asked if there were any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Councilmember Mackenzie requested Resolution Nos. 97 -119 and 97 -121 be removed from the Consent Calendar for discussion. Councilmember Reilly requested Resolution Nos. 97 -123 and 97 -124 also be removed for discussion. Acknowledging the City Manger /Clerk's report on the posting of the meeting's agenda Acceptance of Cash/Investments Report for Month End, May 31, 1997 Resolution Nos: 97 -114 RECOGNIZING JULY 1997 AS "PARKS AND RECREATION MONTH" 97 -115 PROCLAIMING TUESDAY, AUGUST 5, 1997 AS "NATIONAL NIGHT OUT" 97 -116 OBSERVING AND COMMEMORATING CALIFORNIA GOLD DISCOVERY TO STATEHOOD SESQUICENTENNIAL (150 YEARS), JANUARY 24, 1998 THROUGH SEPTEMBER 9, 2000 97 -117 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF ROHNERT PARK FOR THE 1997 -98 FISCAL YEAR PURSUANT TO ARTICLE IX B OF THE CALIFORNIA CONSTITUTION Rohnert Parr City Council Minutes (4) June 24, 1997 Resolution Nos: 97 -118 AUTHORIZING AN EXTENSION OF EMPLOYEE GROUPS' MEMORANDUMS OF AGREEMENT (For 60 days, i.e. to August 31, 1997) 97 -120 CALLING FOR SEALED PROPOSALS FOR DEFIBRILLATOR FOR DEPT. OF PUBLIC SAFETY 97 -122 CALLING FOR SEALED PROPOSALS, HINEBAUGH CREEK BIKE PATH OVERLAY, PROJECT NO. 1997 -5 Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak - Martinez, with the exceptions of Resolution Nos. 97 -119, 97 -121, 97 -123 & 97 -124, the Consent Calendar as otherwise outlined on the meeting's agenda, was unanimously approved. Resolution No. 97 -119 CALLING FOR SEALED PROPOSALS FOR REMOVAL OF SILT IN COLEMAN CREEK PIPELINE Councilmember Mackenzie encouraged staying in contact with the Sotoyome Conservation District on this matter, and referring to the list of property owners previously provided for this area, signified the importance of continued efforts to urge erosion prevention by the owners. - -City Manager Netter reported that in evaluating the problem caused by the erosion and the necessity of cleaning the catch basin for this area. The project has been funded and should be completed by the end of summer, which should take care of most of the problem. -- Council commended City staff for being proactive in taking care of this problem before the next rainy season. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, Resolution No. 97 -119 was adopted. Resolution No. 97 -121 CALLING FOR SEALED PROPOSALS TO PROVIDE ENVIRONMENTAL Councilmember Mackenzie and Councilmember Reilly reviewed concerns with this item referring to the following first and second descriptions of purposes included under key environmental issues of the General Plan Technical Update: *Expansion of the community to the west into a rural area to primarily provide commercial and industrial sites. The Sonoma County General Plan includes the area in a "community separator." *Expansion of the community to the east into a rural area to primarily provide residential sites. Discussion of this item included the following Council comments: Councilmember Mackenzie expressed disagreement with making the above statements due to the implication of being judged prior to the Planning Commission making final determinations, and there will be a document on community separators in front of this Council and citizens. Ro_hnert Park City Council Minutes (5) June 24, 1997 Councilmember Reilly referred to concerns he expressed previously that he did not agree with the drawing of boxes related to areas that would be considered for specific plan areas, i.e. west for commercial and east for residential, pointing out that to signify "more specific plan areas to the east and west" would be sufficient. Councilmember Flores pointed out that the precise language reflective of this resolution emphasizes preliminary language which "may" include proposed land uses. There is nothing cast in stone but the process is necessary for critical analysis of the designated areas. Mayor Spiro stated it is very clear that Council is not negating its responsibilities and referred to the third item for purposes of the request for proposals that the environmental planning project will include "assisting the City's planning consultant in issues identification, formulation of plan alternates, and conduct of public outreach ". This includes community plan and separators and also the City's 22 acre piece in its sphere of influence. Mayor Spiro referred to the purpose of consultants being all inclusive of these issues, so she would not be supporting the motion. She responded to concerns expressed by Councilmember Reilly regarding lands to the east and west that the philosophy over the years has been to prefer industrial uses on the west side. A motion made by Councilmember Mackenzie, seconded by Councilmember Reilly, to amend the above - reviewed sections to more general language such as, refer to "planning areas around the City of Rohnert Park and general areas," failed 2 -3 with Councilmember Flores, Vice Mayor Vidak - Martinez and Mayor Spiro dissenting. Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak- Martinez, and approved 3 -2 with Councilmembers Mackenzie and Reilly dissenting, reading of the resolution was waived and Resolution No. 97 -121 was adopted. Resolution 97 -123 CALLING FOR SEALED PROPOSALS, TRAFFIC SIGNALS -1997, PROJECT NO. 1997 -1 (Commerce Blvd. /Allison Ave., Golf Course Dr./Roberts Lake Rd. and Snyder Ln./Eleanor Ave. Intersections) City Manager Netter responded to Councilmember Reilly's question that these traffic signals were not because of the proposed movie theater complex, but were proposed earlier and funds have been provided in the 1996 -97 budget for these projects. Traffic studies have signified the need based on activities including those created by the commuter parking lot in the area. Upon motion by Councilmember Reilly, seconded by Councilmember Flores, and unanimously approved, Resolution No. 97 -123 was adopted. Rohnert Park City Council Minutes (6) June 24, 1997 Resolution No. 97 -124 REJECTING THE CLAIM OF DEAN SCOTT HOUGHTON, C/O MARVIN PEDERSON, ATTORNEY AT LAW (re. alleged emotional injuries) Councilmember Reilly questioned the relevance of this claim to Rohnert Park since it is an incident that took place in Cotati against a former teacher with the Cotati - Rohnert Park School District. City Manager Netter responded that the City feels this claim has been erroneously filed with the City, but upon recommendation by the Redwood Empire Municipal Insurance Fund (REMIF) General Manager, this claim is being denied and forwarded to REMIF for its handling. Upon motion by Councilmember Reilly, seconded by Vice Mayor Vicki Vidak - Martinez, and unanimously approved, Resolution No. 97 -124 was adopted. RECESS Mayor Linda Spiro declared a recess at approximately 8:20 p.m. extending an invitation to everyone present to share the cake prepared in honor of Jim Baker's retirement and to celebrate the occasion with Jim and his wife, Rose. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 8:35 p.m. with all Councilmembers present. MOMENT OF SILENCE. for .JASON CO1.J,IN.S Mayor Linda Spiro declared a moment of silence for the son of Katherine Collins, Jason Collins, who died on June 3, 1997. 10. OTHER RESOLUTION FOR CONSIDERATION: Resolution No. 97 -125 AWARD OF CONTRACT, CONSERVATION TOILET REPLACEMENT PROGRAM, PROJECT NO. 1997 -6 Acting City Engineer Gaffney explained the background efforts regarding proposals for this award of contract resulting in only one plumbing company, Action Plumbing and Heating, interested in submitting a bid due to the size of the project. Staff has thoroughly checked the financial and trade references on Action Plumbing and recommends award of the contract. City Manager Netter responded to Council inquiry confirming the provision of funds for this contract in an amount not to exceed $428,608, to be funded from the Sewer Service Connection Fee Fund and not from the General Fund. Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak- Martinez, and unanimously approved, reading of this resolution was waived and Resolution No. 97 -125 was adopted. R_ohnert Park City Council Minutes (7) June 24, 1997 IL HOUSING FINANCING AUTHORITYAPPOINTMENT, City Manager Netter referred to Ms. Debbie Heanue's comments earlier during this meeting regarding her interest in this appointment, including willingness to resign her current position on the Rancho Feliz Resident Association Board, if this presents a conflict. 1) City Attorney report -- City Attorney Flitner reviewed his memorandum of June 19, 1997 regarding the potential conflict mentioned at the previous Council meeting of the three interested parties in this appointment. It was his opinion that Marie Vinsick is eligible for the appointment, whereas, Ms. Churchill and Ms. Heanue are not, due to being office holders of the Rancho Feliz Residents Association. They could qualify for the Housing Financing Authority if they were not on the other board, so they would have to make that decision if interest continued in this appointment. 2) At Large Appointment to fill vacancy from Douglas Anderson resignation (initial one year term to expire 12 -31 -97) Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak- Martinez, and unanimously approved, Marie Vinsick was appointed at -large to fill the above- referenced vacancy on the Rohnert Park Housing Financing Authority. Discussion included Councilmember Flores commending the excellent qualifications of the three applicants. He acknowledged Ms. Heanues's offer to resign from the Resident Association Board to be considered for this appointment, however, with Ms. Heanue being an officer of the Rancho Feliz Resident Association, he thought this was a tremendous advantage to the park to continue to work for the betterment of the project. - -Mayor Linda Spiro also commended Ms. Heanue's qualifications and suggested she obtain information from staff regarding potential of another particular City Board opening. - -Vice Mayor Vicki Vidak - Martinez welcomed Marie Vinsick to this appointment, complimented her qualifications, and emphasized the need for clear communications and working relationships. Marie Vinsick expressed appreciation for the appointment. She reviewed efforts she has already made toward the betterment of working relationships, including attending their meetings and offering her business license for the Founders Day Event. 12 PLANNING AND ZONING MATTERS. 1) File No. 1532 re. General Plan Amendment - Circulation Element Planning Director Skanchy and Acting City Engineer Gaffney explained the staff reports provided for this General Plan Amendment/Circulation Element changing the Level of Service (LOS) from "C" or better to "D" or better. A public hearing was duly noticed and scheduled for this Council meeting. Planning Director Skanchy and Acting City Engineer Gaffney responded to Council questions. -- Acknowledgment was made of written report, distributed by Mayor Spiro, which included sharing comments from Gary Binger, ABAG Deputy Director, and Rod Wood, City Manager of Novato, reviewing reasons why most suburban communities have set level D as the standard on major arterials (copy attached to original set of these minutes). -- Council expressed differing views of various aspects related to this matter. *Councilmember Reilly, in summary of extensive comments expressed his belief that lowering the level of service is not what the City should be doing. *C 0 R R E C T 10 N ABOVE from 7!8197 City Council meeting: Per Councilmember Reilly (addition underlined) Rohnert Park City Council Minutes (8) June 24, 1997 PUBLICIIEARING. Mayor Linda Spiro opened the public hearing at approximately 9:13 p.m 1) Katherine Collins, 828 Lilac Way, signified being offended with Council comments prior to listening to citizen input from the public hearing. She understood the Council is trying to do what is best for the community, but questioned the purpose of the public hearing if their minds were made up in advance. 2) Joi Losee, 943 Holly, new to the community, asked if K -Mart and Price Club closed because of faulty traffic plans. She commented further that she would like to see some input from the Police Department due to being familiar with the problem areas of traffic. 3) Dave Mochel, resident of Rohnert Park and Member of the Planning Commission, signified he was speaking tonight as a private citizen. Mr. Mochel reviewed his reasons for believing that lowering the level of service to D would turn business away due to more traffic congestion, compared to maintaining at least a C level, which would attract business due to less traffic congestion and be one of the amenities the City offers. There being no one further desiring to speak, Mayor Linda Spiro closed the public hearing at approximately 9:17 p.m. Discussion followed. Resolution No. 97 -126 AMENDING THE CIRCULATION ELEMENT OF THE 1995 ROHNERT PARK GENERAL PLAN (to Change the Level of Service from "C" to "D") Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak - Martinez, and approved 3-2 with Councilmembers Mackenzie and Reilly dissenting, reading of the resolution was waived and Resolution No. 97 -126 was adopted. RFIMED AGENDA ORDER: Mayor Linda Spiro advised the first item under Parks and Recreation matters would be moved forward on the agenda and handled at this time in consideration of the youths representing the item. 13. PARKS and RECREATION matter. 1) Request for Community funds a) David Maddan & Kristina Guillory for participation in Junior Nationals attended in Texas, March 23 -26, 1997 -- City Manager Netter explained this item as reviewed in the Council Meeting Memo. Due to a mailing mix -up on Kristina Guillory's application, the Parks and Recreation Commission approved $300 for David Maddan with no approval for Kristina because the forms were not received. Kristina's forms were subsequently submitted and referred to the City Manager by Recreation Director Pekkain, with his recommendation that the $300 approved by the Parks and Recreation Commission be split in half for $150 for each swimmer. It is understood that the funds are to be given to the Swim Club to help defer the total cost of both swimmers. Rohnert Park City Council Minutes (9) June 24 1997 David Maddan and Kristina Guillory shared results of their participation in the Junior Nationals with Kristina finishing 3rd and 5th out of 90, David finishing 13th out of 60. Council extended congratulations and compliments for these impressive results. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, to contribute a total of $300 to David Maddan and Kristina Guillro, *for clarification, $150 each with recommendation to the Parks and Recreation Commission that in the future, if one person does not show up, just give the single individual amount which in this case was $150, to the one who did show up, leaving the remainder available for other consideration, per above - reviewed recommendation, was unanimously approved. *C O R R E C T 10 N ABOVE from 718/97 City Council meeting: Per Councilmember Reilly (addition underlined) RETURN TO AG .NDA OR D ER 12. PLANNING AND ZONING MATTERS: (cont'4 2) File No. 1740 re. Star Petroleum Site Plan and Architectural Review for a service station/car wash/mini -mart and delicatessen in the CS:PD District. Subject property is located on the northwest corner of Redwood Drive and Willis Avenue, Rohnert Park Planning Director Skanchy explained the staff report provided for this item and responded to Council questions. He confirmed approval of the Planning Commission subject to the conditions listed in the staff report. Mr. Skanchy noted there was no public hearing scheduled for this item. He referred to letter of this date from Tom Roberts provided to Council addressing two concerns regarding (1) petroleum products and potable drinking water requesting Council to make a decision concerning their potable water supply served by well water, if this project is approved; and (2) request to consider inclusion of water and sewer provisions when Willis Avenue is brought up to City standards and extended to the west from Redwood Drive. Planning Director Skanchy responded to further questions. Discussion concluded upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, File No. 1740, as approved by the Planning Commission with the addition of including a six month monitoring report on the different components that measure any possible fuel loss, was unanimously approved. Planning Director Skanchy responded to Council question regarding the second concern signified in Mr. Roberts' letter, that at present this is not City water and sewer but refers to county area. The 22 acre span is not being addressed at this time. Responding to Council inquiry regarding the possibility of hooking up to City water if the need is indicated, Mr. Skanchy advised it would be at Council discretion and policy. He also confirmed plans established for widening Willis Avenue. Acting City Engineer Gaffney responded to further questions regarding water lines, that extension was also part of plans of development on the west side on both sides of the street and has already been done. Director Skanchy referred to map on display signifying where it would be stubbed into the designated area, which would address the second concern of Mr. Roberts' letter. 13. PARKS AND RECREATION MATTERS: 1) Request for Community Funds a) David Maddan & Kristina Guillory for participation in Junior Nationals attended in Texas, March 23 -26, 1997 - As signified earlier in these minutes, this item was moved forward on the agenda and handled prior to the preceding Planning and Zoning item. Rohnert Park City Council Minutes (10) June 24, 199 b) Women's All Business Softball Team to attend National Championship Tournament -in Colorado, August 21 -24, 1997 -- City Manager Netter referred to the staff report provided to Council for this item. Recreation Director Pekkain confirmed the Parks and Recreation Commission recommendation of $300 for this item. -- Upon motion by Councilmember Flores, seconded by Vice Mayor Vdak- Martinez, to contribute $300 to the Women's All Business Softball Team for the above- reviewed request, was unanimously approved. 2) Bambino Baseball requests Recreation Director Pekkain reviewed the staff report provided for the two Bambino Baseball requests signified below. Mr. Pekkain and Representative of Bambino Baseball, Rhonda Say, responded to Council questions regarding the following items. a) Close ball, fields at A -1 & C -1 Parks from June 24 to July 11, 1997 and install a temporary fence around C Park during tournament -- Discussion concluded upon motion by Councilmember Flores, seconded by Councilmember Reilly, this request was unanimously approved. b) Cow Chip Bingo fund- raiser at C -2 Field - Recreation Director Pekkain explained that the original request, on school property for the soccer field adjacent to C Park, for this event was unsuccessful. Therefore, the request has been changed recommending space adjacent to the concession stand at C -Park. Council concurred. City Manager Netter advised this tournament will bring many families to the area and recommended a welcome letter from the Mayor to be placed in the program. Council agreed. 14. DEPARTMENT OF PUBLIC SAFETY MATTER re- Countywide Multi- Agency Communications System Proposal City Manager Netter referred to the staff report dated June 3, 1997 from Director of Public Safety Rooney provided for this item. He shared comments, as reviewed in the Council Meeting Memo, regarding previous approval by Council signifying up to $18,750 to hire a consultant to write the COPS MORE Grant to help secure a $10 million grant from the federal government to provide for this regional computer and data system. Staff recommends adoption of the resolution presented tonight which approves a formal agreement with the other agencies regarding this system. The City of Santa Rosa has been designated as the lead agency. This was approved earlier today by the County Board of Supervisors and is being considered by other cities in hopes of securing the $10 million grant. This includes flexibility for the City so the project can be downsized to meet the City's needs. Resolution No. 97 -127 AUTHORIZING AND APPROVING THE COUNTYWIDE MULTI - AGENCY AGREEMENT FOR PROCUREMENT OF COMPUTER ASSISTED DISPATCH RECORD MANAGEMENT SYSTEMS AND MOBILE DATA COMMUNICATIONS Upon motion by Councilmember Reilly, seconded by Councilmember Mackenzie, and unanimously approved, reading of the resolution was waived and Resolution No. 97 -127 was adopted. Rohnert Park City Council Minutes (11) June 24, 1997 15. ATTENDANCE OF PUBIC SAFETY OFFICERS AT CITY COUNCIL MEETINGS City Attorney Flitner referred to his memorandum dated June 16, 1997 reviewing provisions of the Rohnert Park Municipal Code for this item, as requested by Council at its previous meeting. He explained that past practices are still valid to be up to the presiding officer to determine the necessity of a sergeant at arms at Council meetings. -- Discussion included Council comments on the importance of maintaining order and decorum at meetings with various views expressed on examples of necessity and whether or not the audience or Council should be apprised of the presence of a sergeant at arms at meetings. Discussion concluded in Council agreement with Vice Mayor Vidak- Martinez expressing the preference to keep this at the discretion of the Chairperson of Council meetings. 16. FIREWORKS STANDS - UPDATE -- City Manager Netter referred to background materials provided for this item and City Attorney Flitner's memorandum of June 17, 1997 responding to previous Council request to research possibilities related to restricting permits for fireworks stands for the sale of fireworks in the City to local residents. With Mr. Flitner's conclusion that it would not be advisable to establish such a policy, the City Manager explained his recommendation that the City continue to work with the Chamber of Commerce toward notifying all property owners to support the idea of not allowing outside non -profit groups to use local property. This would be accomplished through a series of letter campaigns, as well as a standard letter to be submitted in May of each year, two months prior to the July 4th holiday. -- Mayor Spiro expressed appreciation for staff efforts in researching this matter which will help citizens involved with raising funds for local non -profit organizations. She suggested the letters be sent earlier as organizations usually make arrangements for fireworks stands earlier in the year. Council concurred. 17 COUNCIL PROCEDURAL RULES -- City Manager Netter explained that the Council requested the City Attorney's review of certain sections of the Rohnert Park Municipal Code regarding procedural rules. The City Attorney has reviewed these sections and recommends certain modifications to address concerns regarding the recent Brown Act and requirements of public information. City Manager Netter recommended deferral of this item to the next Council meeting to provide an opportunity to outline the various changes represented in the ordinance prepared by the City Attorney amending Chapter 2.08 of the Rohnert Park Municipal Code. Council concurred. EXTEND COUNCIL MEETING -- Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, to extend the Council meeting past 10:00 p.m. to finish necessary agenda items, was unanimously approved. 18. STRATEGIC PLAN ISSUES. 1) Review "mission statement" perceptions from each Councilmember *Formulate combined statements Vice Mayor Vicki Vidak - Martinez reviewed her memorandum of this date signifying the effort to combine other Council statements presented at previous meetings. She commented that Mission Statements answer the questions "Who are you ?" and "Why do you exist ?" and recommended the following: Rohnert Park City Council Minutes (12) June 24 1997 MISSION STATEMENT City Council City of Rohnert Park The City Council serves the interests of the diverse citizens of Rohnert Pahl. We want a, safe and healthy environment for all City residents. We will work to ensure a self - sustaining community with an admirable level of facilities and services. Upon motion by Councilmember Jake Mackenzie, seconded by Mayor Linda Spiro, and unanimously approved, the above Mission Statement as presented was adopted on behalf of the entire City Council. Council complimented this well expressed, milestone event, representing elements of all preceding efforts. 19. TELEVISING PLANNING COMMISSION MEETINGS (Mackenzie) Councilmember Mackenzie reviewed the capabilities of televising meetings on the public access channel, and shared reasons for recommending that the Planning Commission meetings, held in these chambers on the 2nd and 4th Thursdays of each month, be televised. A motion was made by Councilmember Mackenzie, seconded by Councilmember Reilly, that the City Council direction be that the Planning Commission meetings be televised on a regular basis. Discussion of the motion included support expressed by Councilmember Reilly. He signified the importance of public involvement and stated that televising any commission meeting that can be televised, and which time is allowed on the local access channel, only lets people be better informed. -- Councilmember Flores referred to having been a member on the Planning Commission and signified, from his experience, that there was generally not a tremendous amount of interest on the part of the public to attend Planning Commission meetings, and did not believe there would be adequate interest to merit televising the meetings. Citizens have the opportunity to attend the meetings in person, if interested, and the Planning Commission continues to provide public notices of the issues to be reviewed. - -Vice Mayor Vidak - Martinez concurred with comments by Councilmember Flores, adding that the convenient location in the Council Chambers makes it easy to attend the meetings. - -Mayor Spiro expressed concerns related to the City Council making policy and requiring the Planning Commission to do something that is not its charge. Mayor Spiro signified she would support the Planning Commission's decision to have its meetings televised, *but it was the Planning Commission's decision mot to have their meetings televised. *CORRECTION ABOVE from 7/8/97 City Council meeting: Per Mayor Linda Spiro (addition underlined) The above motion failed 2 -3 with Councilmember Flores, Vice Mayor Vidak - Martinez and Mayor Spiro dissenting. Rohnert Park City Council Minutes (13) June 24.1997 20. PUBLIC SAFETY REVIEW (Reilly) -- Councilmember Reilly referred to the on -going process of this review for approximately the past nine months and shared contents of his memo provided to Council reviewing comparisons for Public Safety services, roughly equal in cost at the present time (copy attached to original set of these minutes). He commented that this item may not be as sensitive now as it seemed to be several months ago during discussions of Measure M regarding Fire Services, but still recommended taking time to consider long term plans. -- City Manager Netter referred to the staff report provided to Council related to this item regarding Summary Reports on Separate Rohnert Park Fire Department Comparisons to Santa Rosa & Petaluma Costs, which Councilmember Reilly received earlier. Discussion included review of continued progress in the Department of Public Safety including interest in seeing what the new Fire Services Commander Cassel might bring to Council over the next year. Discussion concluded in Council agreement with preference signified by Councilmember Reilly not to have a work shop for this item during an election year due to the potential of becoming a campaign issue, and agreed a work shop should be scheduled later in the summer or by the end of fall in October 1997. 21. COUNCIL COMMITTEE REPORTS. 1) Senior Advisory Committee -- Mayor Linda Spiro reported that the Seniors raised $1,827 toward the Senior Center last month. The year end reports are in process, but the accumulated total for the past year should be well over $6,000. 2) Revenue and Taxation Committee -- Mayor Linda Spiro referred to her report distributed to Council on the League of California Cities meeting she attended for this item. She shared partial contents therein regarding support to return traffic fines and forfeiture revenue to California cities with attached letter from President Ron Bates; and Welfare Reform signifying 40% of the General Assistance dollars go to parolees. Mayor Spiro commented Rohnert Park might want to actively consider the suggestion of having a traffic school located in one of our public facilities which may serve a lot of purposes and might even bring in additional revenues. 22. TRANSPORTATION MATTERS. None. 23. 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. 24. MATTERS FROM/FOR COUNCIL: 1) Rohnert Park Resident Appointment to Cultural Arts Council of Sonoma County City Manager Netter referred to letter dated May 14, 1997 from Cultural Arts Council of Sonoma County for this item, with attached application from Mr. Craig Steele, which was presented at the previous City Council meeting,. Mr. Netter advised there has been no response from the letters which Council previously requested be sent to Rohnert Park Cultural Arts Commission Members regarding interest in this appointment. Upon motion by Councilmember Mackenzie, seconded by Councilmember Reilly, to recommend Mr. Craig Steele for the above appointment, was unanimously approved. 2) Formation of an affordable housing non -profit foundation regarding request for Mayor's endorsement letter -- This item was deferred from the previous Council meeting for further review, with no further action signified to be taken. Rohnert Park City Council Minutes (14) June 24, 1997 3) Mayors' & Councilmembers' Association - 6/12/97 meeting results Mayor Linda Spiro referred to the board appointments signified on the June 12th agenda for this meeting. James Teague of Cloverdale was appointed to the Open Space District and Katherine Austin of Sebastopol was appointed to ABAG. Mayor Spiro reported that the election was very close, with Councilmember Mackenzie losing by only one vote for the appointment to the Open Space District. 4) Proposed Joint Venture for Wine Center & Chamber Orchestra Councilmember Flores made comparisons to an article on the successful fund raiser for the Santa Rosa Symphony, with recent Council discussions regarding funding needs of the Rohnert Park Chamber Orchestra. He recommended Councilmember Mackenzie be liaison for a proposed joint venture between the Wine Center and the Chamber Orchestra for fund raising possibilities. Council concurred. Councilmember Mackenzie signified his acceptance, commenting that his wife, Barbara Mackenzie is *Vice President of the Chamber Orchestra Board and this proposal would be presented at its next meeting. *C O R R E C T 10 N ABOVE from 7!8/97 City Council meeting: Per Councilmember Mackenzie (addition underlined) 5) Skateboard Park Proposal -- Councilmember Mackenzie referred to previous discussions regarding possibilities for a Skateboard Park in Rohnert Park and advised that several students living in G Section approached him recently expressing their interest in this effort. He commented this is on the Parks and Recreation Commission's list of priorities, requested a staff report on efforts to date, and requested the item be placed on the next Council meeting agenda for the youths to represent their request. 6) Santa Rosa Long Term Wastewater Proiect/City Council Work Session Mayor Linda Spiro referred to the presentation on this item earlier this evening and requested the City Manager proceed with setting up a work session for the City Council with representatives of this project prior to the early September timing for selecting an alternative. 7) Roberts Lake Road/Turn Around and Handicapped Access -- Mayor Linda Spiro reviewed concerns related to a turn around for vehicles and, also, the lack of handicapped sidewalk cutouts, going north on Roberts Lake. She requested staff to review this and attempt to address the situation. 8) Weeds at City entrances -- Mayor Linda Spiro expressed concern about excessive weeds at certain highway entrances to the City and requested staff to contact Caltrans regarding same. ZS. CITY MANAGER'S REPORT.• 1) OTS Grant for new rescue equipment -- City Manager Netter reviewed this staff report dated June 9, 1997 provided for Council's information regarding the grant funds in the amount of $31,500 obtained from the California Office of Traffic Safety (OTS) for new rescue equipment which has been purchased. This report complies with the grant requirement to advise the City Council of equipment purchased with the grant funds by documentation in these minutes. Rohnert Park City Council Minutes (15) June 24, 1997 2) Recruitment Update -- City Manager Netter advised the update on recruitment and staffing dated June 24, 1997 from Personnel Manager Pamala Robbins was provided for Council's information. -- Council commended provisions for the temporary coverage of Management Analyst Angela Fogle and wished her well on her leave of absence for attention to necessary medical procedures. 3) Telecard Network (TCN) Proposal -- City Manager Netter advised this proposal was received from Lisa Quinn on April 3, 1997 and has been presented to Council for review and consideration. The City Manager explained his recommendation not to proceed with the TCN proposal at this time, as it would require some City staff effort, which is not currently available due to other more pressing priorities. 4) Vintage Ford judgilig Event at Eagle Park, Wednesday, June 25, 1997 -- City Manager Netter reviewed his memorandum on this event, provided for informational purposes, which included background of previous Council review and approval, and Vintage Ford Auto Club schedule of events from Monday, June 23 through Friday, June 27th, mainly at the DoubleTree, with the exception of the signified Vintage Ford Judging Event to be held at Eagle Park on Wednesday, June 25, 1997. 5) Congresswoman Lynn Woolsey meeting, Saturday, July 12, 1997, 1:00'p.m. to 2:30 p.m. at Rohnert Park Community Center, Room 104, 5401 Snyder Lane -- City Manager Netter announced this meeting scheduled by Congresswoman Woolsey to provide an opportunity for interested citizens to meet with her directly to review local concerns. 6) FEMA Funds for Excavating Golf Course Lake -- City Manager Netter reviewed the report provided to Council for this item signifying the possibility of securing FEMA funds in the amount of $98,303 for dredging out Coleman Creek (Lake C). This update is based on recent information received from the State Office of Emergency Services (OES). City Manager Netter responded to Council question regarding the ability to go out to bid after the funds are received. 7) Community Promotion and Social Services Detail -- City Manager Netter advised this report provided to Council represents an update from last night's budget work session. - -Mayor Linda Spiro referred to budget constraints and previous comments not to take money out of reserves. She recommended to Council that everyone prepare themselves for the possibility of budget cuts *in tNs area ef premetienal funds. -- The next budget work session has been scheduled at 4:30 p.m., Tuesday, July 1, 1997. *C O R R E C T 10 N ABOVE from 7/8197 City Council meeting; Per Mayor Linda Spiro (deletion lined out) 26. CITYATTORNEY'S REPORT.• 1) Any items from closed session -- The Mayor's report on this was sufficient. Rohnert Park City Council Minutes (16) ,Tune 24. 1997 2) San Diego Curfew Ordinance - Review & analysis -- City Attorney Flitner reviewed his memorandum dated June 19, 1997 provided for this item confirming that the Ninth Circuit Court of Appeals recently declared San Diego's curfew ordinance unconstitutional as it was ". . not narrowly tailored because it does not sufficiently exempt legitimate First Amendment activities from the curfew." Also, "...the ordinance is not a reasonable time, place and manner restriction under the First Amendment." Mr. Flitner expressed concerns related to this ruling and signified that in his opinion, the Ninth Circuit opinion invalidates the Rohnert Park Curfew Ordinance. City Attorney Flitner advised he has contacted the City of San Diego and will attempt to draft a reasonable and constitutional substitute curfew ordinance within the next 60 days. City Attorney Flitner responded to Council questions. -- Discussion concluded in Council concurrence that the Department of Public Safety be informed of this matter and to agendize consideration of the revised curfew ordinance at a Council meeting in the future. 3) Request for amicus brief re. Rider v. San Diego -- City Attorney Flitner reviewed the letter request dated June 10, 1997 from the Legal Advocacy Committee of the League of California Cities urging cities to participate in this amicus brief. The Rider case challenges the lease finance exception to the constitutional debt limit and questions the use of joint powers authorities in certain charter city lease financings. City Attorney Flitner recommended joining in this amicus support, which would be at no cost to the City. Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, to join in the above - reviewed amicus brief regarding Rider v. San Diego, as recommended by the City Attorney, was unanimously approved. 27 ROHNERT PARK DISTRICT MATTER re. Sewer Plant Land Deed Transfer City Attorney Flitner referred to previous closed session discussion of this item earlier this evening and recommended convening the Rohnert Park District meeting at this time to proceed with necessary action. -- Council concurred with adjournment of the City Council meeting, and the Rohnert Park District meeting was convened at approximately 10:51 p.m. with all members present (Flores, Mackenzie, Reilly, Vidak - Martinez, and President Spiro). City Attorney Flitner recommended the deed transfer for the sewer plant from the Rohnert Park District to the City of Rohnert Park, due to reasons of convenience for the Paul Golis case in which the City is involved. EMERGENCY ITEM DECLARED -- Upon motion by Rohnert Park District Member Flores, seconded by Rohnert Park District Member Vidak - Martinez, to declare this an emergency item, was unanimously approved. *C O R R E C T 10 N BELOW from 7/8/97 City Council meeting: Per Councilmember Reilly (deletion lined ouVaddition underlined) Upon motion by Rohnert Park District Member Mackenzie, seconded by Rohnert Park District Member Vidak- Martinez, and unanimously approved, to transfer the deed for the sewer plant land from the Rohnert Park District to the City of Rohnert Park, as instructed by the City Attorney, with friendly amendment by Rohnert Park District Member Reilly, fide , te Mange the title vvWeh named the RelmeFt Park Distr-iet, te the City ef RehneFt Paf as an additional action, to have the original legal documents changed to include the Rohnert Park District. Rohnert Park City Council Minutes (17) June 24, 1997 The Rohnert Park District meeting was adjourned and the regular City Council meeting was reconvened at approximately 10:52 p.m. 28. UNSCHEDULED PUBLICAPPEARANCES: Mayor Linda Spiro asked if there were any additional unscheduled public appearances at this time. No one responded. 29. MISCELLANEOUS: City Manager Netter acknowledged locating the League of California Cities' calendar and confirmed the conference in Monterey has been scheduled July 23 -25, 1997. Therefore, July 29th would be available for the joint meeting with the Planning Commission, if Council so desires. -- Councilmember Jake Mackenzie, as the one who proposed this joint meeting at the previous Council meeting, respectfully requested consideration of a later date, due to his pre - arranged vacation plans conflicting with this date. Council concurred. ADJOURNMENT. There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 10:53 p.m. to 1997 -98 Budget Work Session at 4:30 p.m., Tuesday, July 1, 1997. Dep City Jerk jh/mins:062497mn Mayor F� s JUN -24 -1997 01:33 LINDA SPIRO INSURANCE 707 792 1104 P.01 Council Correspondence Copy to ea. Councilman Copy to Information an Level of Service (LOS) Standards for TrafY e/Circulation /� la C- Issue: Who ramificsfioas are there if the level of service is set at C7 L05 C is extx+sM 1di y r vo. If existing innetsec O= are operating at LOS below C which is uansrceptablo s cardiq to tiro Genval plait, d= it fails upon the City to tgWPi 64 uaaaiwrceptablo caaoditioaa. The City MUST address any and all wasting Canditioa defi"'W0ies- hiChM9MdW1hGWqMYM must pay the costs of bringing the stree�Jiute 1111 otiasns up to the set standard Gary B*w, Deputy M octor of ABAG, said that most suburban - mmunities have set D as the standard on major wmials, ad Hutt many cities can't even mat that standard. Sonle cities have set a higher standard for collector or neighborhood suv ts. The Stan: Clesrciarnghassso, which manages all the Oenwal Plans in the state, said thast most cities are ai Do but there is a tread to be lowering the ataadsrd to E as there is mom USMC and less ebdity to maintain LOS D. There appears to be a definite moyemeaxt among cities when they revise their General PhM to l vW the LOSS d Cmmoa*s Salta Ron is at D. Petaluma has not rmsod their ul is eleumt since 1985 and that standard is LOS C which is based solely on roadways and arterials, ir�raectiana were not considered in 19853 They amt having trouble t tW$ LOS C and they tare looking to revise it and lower it to D. The city of Nap is in the middle of upcatiang their GonaW Plan which will lower the standard to D. Rod Wood, City Manager: of Novato, said that the courts have routinely disallowed opponents of developnwss from killing a project due to traffic impacts (oar other cats) because if the project is approved the bi t wall be mitigated by lire developer. He couldn't cite any court cases for tae. However, the developer only has to pay his fair share thorough kapasct fees which must have a nexus with the goad ituproveaieat project. If the project it of "citywide" bnedt then the developer is not wholly rospawible for paying for the ituprovanaemt. This speaks to the whole issue of "Ilml;us. So W Wood claans that the roll issue, besides city la bday and frosts to the taxpayers, is one of cotamumity character. If the andard is set so high that it requires M4* road widening, putm6 in lots more traffic lights, sound walls, etc. the chatraeter of the want less urbanizaVon shcmld canicnanivwillbe-dresticallydWinged. Even be co merned Am - ' to =Ac ie who its that a m the aanutbmiss �$ �y �Y �Pn''o ofthe charsaw of our commmity. IU C. t Memorandum To: Rohnert Park City Council From: Jim Reilly Date: June 24, 1997 Re.: Council Direction on Public Safety Concept At the request of the previous City Council, staff and I conducted a review of the costs of the public safety concept versus the "traditional" police and fire departments. Staff was directed to compare the costs of Rohnert Park's system of police and fire protection (public safety concept) with the systems used by Petaluma and Santa Rosa ( "traditional" police and fire departments). These are my conclusions and recommendations to the Council: First, to compare the cities as fairly as possible, the salaries of Rohnert Park Public Safety Officers must be compared to the salaries of Petaluma and Santa Rosa Police Officers as a police department to police department comparison. Then the salaries of the Public Safety Officers must be compared to the salaries of Petaluma and Santa Rosa Firefighters as a fire department to fire department comparison. The first part of this comparison ( "police services ") presently shows that Rohnert Park Public Safety Officer, Petaluma Police Officers, and Santa Rosa Police Officers are making about the same salaries. On a per officer basis, the residents of Rohnert Park are not paying more than the residents of Petaluma or Santa Rosa. The second part of this comparison ( "fire services ") shows that a Rohnert park Public Safety Officer is paid more than either a Petaluma Firefighter or a Santa Rosa Firefighter. On a per firefighter basis, the residents of Rohnert Park are paying more than the residents of Petaluma and Santa Rosa. Next, the total costs of the police and fire services provided by each city should be compared. Before that is done, the Council must agree as to which services that the current department provides should be part of that comparison. In other words, how much of the cost of "doing business" involves activities not regarded as "police protection ", or are the residents of each cit� getting the same "bang for their buck ". Second, the Council must agree on the total size o the fire services division and the mechanism for staffing. If the ultimate goal is to have two engines fully staffed by Public Safety Officers, or one engine fully staffed by PSO's and a second engine staffed by "volunteers ", then it will be cheaper to replace the PSO's with firefighters paid at a scale equal to the neighboring cities. However, if the long range goal relies on PSO's not assigned to Fire Services to provide additional coverage either as the third person of a three person engine company or as the whole crew of a third engine company, then the City incurs the additional costs of having hired firefighters without reducing the number of personnel in police services. Another issue to address, and maybe the real measuring stick, ' is the current desire (or lack thereof) within the community to have a separate fire department and the willingness to pay the costs of separating public safety. If the current goal is to live with a hybrid public safety system where some positions within fire services are fulltime (rotating); some are volunteers; and additional support comes from PSO's not presently assigned, then there is an additional cost in fully separating the department to the residents that will have to be made up from cuts somewhere else in the budget. The weakness in addressing this issue as a committee of one is that it isn't really seriously addressed. That will only happen if the entire Council takes up the discussion. To put this issue to rest, the Committee on Salary Comparison of Public Safety Services, by a unanimous vote, recommends that the City Council of Rohnert Park schedule a two hour workshop either prior to approving this budget or shortly thereafter to formally approve a long range plan for providing police and fire services to the residents of Rohnert Park. Included in this long range plan will be the levels of training that the City wants within the Department for police and fire.