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1995/07/11 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES 1995 -96 BUDGET WORK SESSION JULY 11, 1995 The Council of the City of Rohnert Park met this date in an adjourned 1995 -96 budget work session commencing at 4:00 p.m. prior to the regularly scheduled City Council meeting. The work session was held in the City Offices, 6750 Commerce Blvd., Rohnert Park, with Mayor Eck presiding. Call to Order Mayor Eck called the 1995 -96 budget work session to order at approximately 4:00 p.m. Present: (4) Councilmembers Flores, Gallagher, Spiro and Eck Late: (1) Councilman Reilly arrived at 4:15 p.m. Staff present for all or part of the meeting: City Manager Netter, Finance Director Harrow, and Assistant City Manager Leivo (arrived at 4:15 p.m.) Members of the community present: Planning Commissioner Linda Branscomb, and Jim Redding. Agenda Posting - The Mayor acknowledged the City Manager /Clerk's report on the posting of the meeting's agenda. Unscheduled Public Appearances - The Mayor stated that in compliance with State law (the Brown Act) citizens wishing to comment may do so at this time. There being no one wishing to speak at this time, Mayor Eck moved the meeting to the scheduled items. Proposed 1995.96 Budget - This session was scheduled primarily for non -profit groups to make presentations and discuss their programs with the City Council. The non - profit requests are outlined on Proposed Budget Page No. 52. Mayor Eck invited the first designated group for a presentation. SSU Athletic Association - City Manager Netter indicated that a letter has been received and distributed to the City Council dated June 29, 1995 from Charles Paulson, Pastor, and member of the Board of Directors of the University's Athletic Association. The letter indicated that because of prior commitments, Pastor Paulson was not available to attend the budget work session, but provided this written response for the record. The letter outlined the progress made by the University Athletic Association and individual donations from local Rohnert Park City Council Minutes Budget Work Session 4:00 p.m. -July 11, 1995 businesses. It also indicated there is increased transient occupancy (TOT) tax and other sales tax generated due to families and friends coming to Rohnert Park because of the sports activities at Sonoma State University. The request this year is for $1,200, the same that was donated last year. Councilwoman Gallagher commented on the policy of the City providing funds to a university. Mayor Eck indicated that the money does not actually go to the university but a private non -profit organization, i.e. the University Athletic Association. At this time, City Manager Netter commented that the Council should listen to each request and information provided and should take all requests under consideration with no decisions being made at this time. The reason for this is that the Council has to discuss the entire budget along with requests of reducing or eliminating programs. Therefore, the Council should take all aspects into consideration, including funding for non -profit groups. Mayor Eck concurred and indicated that Council would take all requests under consideration after the presentations and further discussions of the entire budget. Sonoma County Associates for Youth Development (SCAYD) - Cecelia Belle, representing SCAYD, presented a handout outlining the programs and services provided to the City by SCAYD. She went on to explain the agency's entire budget of $278,000 and how SCAYD is the only non - profit agency in Rohnert Park that deals strictly with Rohnert Park citizens and youths. A discussion continued with Councilmembers asking questions and Cecelia Belle responding. Boys and Girls Club - Bob Butler, Executive Director, and Mr. Sean Skolaski, President, made a presentation and outlined the services provided to Rohnert Park youths. They indicated that they serviced 359 Rohnert Park residents of which 53% were from lower income families. They also indicated that 27% of the participants received scholarships. The discussion continued with the Council inquiring about a number of Cotati residents and youths accessing the Boys and Girls Club. Mr. Butler indicated that Cotati represents approximately 11 % of the population of the Club. YWCA Battered Women Shelter - The YWCA is requesting $5,000 from the City of Rohnert Park. Susan Hiebeler, Director of the Fund Development, was present and discussed the program's offer to the citizens of Rohnert Park. Each Council - member asked questions to which Mrs. Hiebeler responded. Planning Commissioner Linda Branscomb commented that support groups were great and she indicated she would like to see more support groups develop in the city. 2 Rohnert Park City Council Minutes Budget Work Session 4:00 p.m. -July 11, 1995 Family Services Agency - Mayor Eck called upon the Family Services Agency, which is requesting $3,500. Joe Sanderfeld, Executive Director, made a brief presentation and discussed the services provided to the City. There was Council discussion with questions and responses from the Executive Director. Family Education Center - Mayor Eck invited representatives from the Family Education Center to give their presentation. The Family Education Center is requesting $2,000, which is the same funding provided last year. Kathy O'Brien with the Family Education Center gave a brief presentation and discussed the programs provided to the City of Rohnert Park citizens. She indicated that they target specific groups of parents, which includes 60% from lower income families. She also indicated that their total budget is about $80,000. Discussion continued with the Council's questions and responses from Mrs. O'Brien. Santa Rosa Dixieland Jazz Festival - Jerry Miller and John Dellepiane, representing the Santa Rosa Dixieland Jazz Festival, indicated that the traditional Dixieland Jazz Festival at the Red Lion Inn last year was tremendously successful. The scheduled dates for this year's festival are August 25, 26, & 27th. They are requesting $1,000, the same amount requested last year. They indicated they have developed a grass roots emphasis and appreciate all the help the Council can provide. Councilmember Flores inquired about the name, Santa Rosa Dixieland Jazz Festival when the event is now held in Rohnert Park at the Red Lion Inn. Mr. Miller indicated they have met with to their Board and the name will be changed for the 1996 event The name change will most likely be the Sonoma County or Wine Country Jazz Festival. Volunteer Center of Sonoma County - Karen Johnson, Executive Director made a presentation regarding the services provided to the City of Rohnert Park. She indicated that her request is for $5,000, the same amount provided in last year's budget. She stated there must have been some confusion about the request, as Finance Director Harrow had indicated their request as $18,000. City Manager Netter commented that Finance Director Harrow had stipulated the $18,000 as the information provided by the Volunteer Center included the Rohnert Park budget which was $14,703 plus additional in -kind services such as janitorial, utilities, and supplies, bringing the total to $18,000. There was no mention of the amount of the request Karen Johnson reiterated that she is only requesting $5,000 plus the in -kind services currently provided, i.e. space rent, telephone, and janitorial. Karen Johnson indicated that 125 volunteers were placed in part time positions over the last year. Of these 125, there were some placed out of the Rohnert Park area. Councilmembers asked questions and Karen Johnson responded. Rohnert Nark City Council Minutes Budget Work Session 4:00 p.m. -July 11, 1995 Face to Face - Mr. Jim Redding and Mr. Rich Dean, Associate Director of Face to Face, made a brief presentation regarding their request for a contribution from the City of $10,000. They indicated that the City of Santa Rosa currently provides $14,000 per year and the County of Sonoma provides over $270,000 in assistance. This is the first year they are requesting funds from the City of Rohnert Park as the population of the clientele has increased over the past couple of years. Currently, they represent 24 clients in Rohnert Park. Mr. Dean indicated that if funds are provided, they would use the funds for increased educational efforts and outreach to youths regarding issues of AIDS. There were Council inquiries and responses by both Mr. Redding and Mr. Dean. There was Council discussion on the total dollar request with respect to the number of individuals served in Rohnert Park. Easter Seals - The Easter Seals Society was invited to make a presentation. There were no representatives present, therefore, the Council did not discuss funding for Easter Seals. Community Boxing Center - The Mayor invited representatives to make a presentation. There were no representatives present, therefore, no funding was discussed for the Community Boxing Center. The Council then had a general discussion regarding funding. Staff was requested to break out Community Promotions from Human Services items. City Manager Netter stated that, for the final budget, these items will be shown separately. The Council then took under advisement the funding requests and indicated the decision on these items will most likely be discussed at the next budget session which will be scheduled following tonight's regularly scheduled City Council meeting. Vice Mayor Spiro indicated that she would like to see some funding provided for the Human Services area, as this is where some of the City's priorities should be established. Councilmember Reilly briefly discussed the Annual Report and indicated he would like to see this item eliminated. There was general discussion amongst the Councilmembers regarding the Annual Report and newsletters, with an indication that some money should be left in the budget for an Annual Report/ Newsletter, but a much scaled down version. It is anticipated that approximately $4,000 should remain in the budget for this effort. 4 Rohnert Park City Council Minutes Budget Work Session 4:00 p.m. -July 11, 1995 Adjournment - There being no further groups to give presentations requesting funds, the Mayor adjourned the budget work session at 5:45 p.m. to the regularly scheduled City Council meeting at 6:00 p.m. Mayor City Manage (Clerk JDN:lr Rohnert Park City Council Minutes July 11, 1995 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 Eck presiding. CALL TO ORDER: Mayor Eck called the regular session to order at approximately 6:55 p.m. and led the pledge of allegiance. The Mayor advised a Budget Work Session was held at 4:00 this afternoon and a closed session commenced this evening at 6:00 to discuss litigation matters, real estate negotiations and labor negotiations, as listed on the agenda attachment. The real estate item was not discussed and the City Attorney will review three of the litigation matters later on the agenda, i.e. Hillsboro, Sime I and Hallock. No action was taken and there was nothing further to report at this time. ROLL CALL Present: (5) Councilmembers Flores, Gallagher, Reilly, Spiro and Mayor Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, and Director of Public Works /City Engineer Brust. APPROVAL OF MINUTES: City Manager Netter explained corrected wording provided to Council for the failed motion at the bottom of page 3, June 27, 1995 minutes and correction on page 1, June 12, 1995 minutes listing attendees of the meeting. Vice Mayor Linda Spiro signified the need to correct the spelling of Mr. Shapiro's name throughout the June 12th minutes. Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, with Councilman Reilly abstaining from June 27th minutes and Mayor Eck abstaining from June 12th minutes due to absence from the meetings, the minutes of June 12, 1995 adjourned meeting and June 27, 1995 adjourned and regular meetings, were unanimously approved as amended. APPROVAL OF BILLS: City Manager Netter responded to Council questions related to bills for approval. He explained the refund to Hewlett Packard for Development Fees in the amount of $447,500 for the demolished building on Valley House Drive. Upon motion by Vice Mayor Spiro, seconded by Councilman Flores, City bills presented per the attached list in the amount of $1,078,710.93 were unanimously approved. Rohn,ert Park City Council "Mr -.:te° { 2 1 cooly 11, IQ" NON- AGENDAED MATTERS: Mayor Eck asked if Councilmembers had any non - agendaed items to add to the agenda. Vice Mayor Linda Spiro signified one miscellaneous item regarding the Revenue Taxation meeting she recently attended. UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck 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. Lew Kuehm, representing Association for the Arts, said his schedule did not permit him to attend the Budget Work Session held earlier this afternoon. He explained reasons related to additional insurance costs for requesting Council's consideration of their original request of $14,000 vs. the $12,000 signified in the proposed 1995 -96 Budget. CONSENT CALENDAR Mayor Eck 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. Resolution Nos: 95 -95 RECOGNIZING AND ACKNOWLEDGING THE EYE BANK OF SONOMA 95 -96 PROCLAIMING TUES., AUGUST 1, 1995 AS "NATIONAL NIGHT OUT" Ordinance No. 607 AMENDING CHAPTER 9.70 OF THE ROHNERT PARK MUNICIPAL CODE, MOBILE HOME ORDINANCE (ORDINANCE NO. 494), SPECIFICALLY TO REPLACE THE TERM "TENANT" WITH "HOMEOWNER/RESIDENT" AND "UNIT" WITH "SPACE" Approving Parcel Map 156, accepting dedications (Laguna Drive, public utility easement and storm drain easement), and abandon 10' P.U.E. south of Laguna Dr. right -of -way line. Parcel Map 156 is an 8 acre site located in the vicinity of Laguna Dr. and Labath Ave. (Codding Enterprises/Laguna Apartments) Upon motion by Councilwoman Gallagher, seconded by Councilman Flores, the Consent Calendar outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes ( 3) July 11, 1995 OTHER RESOLUTIONS FOR CONSIDERATION.• Resolution No: 95 -97 OPPOSING THE SAN LUIS DRAIN PROJECT City Manager Netter explained the resolution. Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, and unanimously approved, reading of Resolution No. 95 -97 was waived and said resolution was adopted. Vice Mayor Linda Spiro referenced letter from ABAG related to this item. As the Council Liaison to ABAG, Ms. Spiro offered to be the Council designee, as requested, to attend the meeting to be scheduled in mid- summer comprised of city and county officials for the purpose of developing a strategy which will keep the Bay and Delta waters free from future threats of contamination by this, or other, proposed projects. Mayor Eck so designated Vice Mayor Spiro. Resolution No. 95 -98 FINDING THAT THE PROPOSED FINANCING OF 7470 MERCEDES WAY WILL BE OF BENEFIT TO THE ROHNERT PARK REDEVELOPMENT PROJECT City Manager Netter explained the resolution. Upon motion by Councilwoman Gallagher, seconded by Vice Mayor Spiro, and unanimously approved, reading of Resolution No. 95 -98 was waived and said resolution was adopted. Scheduled Public Appearance: Joshua Mellars, Producer/Director of Rohnert Park Youth Theater, shared contents of his letter distributed to Council explaining the background and purpose of the Rohnert Park Youth Theater. The local summer theater company, created three summers ago, is a non -profit organization made up of Rancho Cotate students and recent Rancho Cotate graduates. Their goals are to provide an opportunity for young people to perform in a play during the summer, provide inexpensive entertainment for the community, and raise money for a good cause. Profits of the first production, Tennessee Williams' Cat on a Hot Tin Roof, were donated to Alcoholics Anonymous and profits of the second production, William Inge's Bus Stop, were donated to the Rancho Cotate Drama Club. Profits of this year's production, Michael Weller's Moon Children, are being offered to the Rohnert Park Boys and Girls Club. Mr. Mellars expressed support of Lew Kuehm's previous request for financial assistance for the Rohnert Park Association for the Arts as this organization donated $800 last year to the Rohnert Park Youth Theater. He extended invitations to this summer's performance, Moon Children, at the Dorothy Rohnert Spreckles Performing Arts Center, which will run from Thursday, August 3rd to Saturday, August 5th at 8:00 p.m. and Sunday, August 6th at 2:30 p.m. Ronnert Park City Councii Minutes ( ; ) July 11, 19995 Abandoned ,''hopping (:arts. City Manager Netter explained this item as reviewed in the Council Meeting Memo. Ordinance No. 595 pertaining to abandonment of shopping carts was introduced at the Council meeting of November 29, 1994. Adoption of the ordinance was delayed pending voluntary retrieval efforts. Though there has been some improvement, stray shopping carts continue to be a problem, therefore, Council decided to reconsider the adoption of Ordinance No. 595 on this wx enda. The related resolution for consideration establishes the retrieval fee at $25.00. Local businesses have been noticed regarding the reconsideration to adopt this ordinance and time has been reserved on the agenda for public comments. City Manager Netter responded to Council questions. He explained the ordinance was drafted to give the City Manager some flexibility for a given trial period and confirmed there would be no charge to owners for the first six (6) shopping carts retrieved in any calendar year. Discussion included Councilman Reilly expressing support of the ordinance with the exception of the exemptions. A small business owner may be picking up their own carts because they cannot afford a retrieval service. PUBLIC COMMENTS: Mayor Eck opened the meeting to receive public comments at approxi- mately 7:27 p.m. Katherine Collins, of Forty -Niner Pet, expressed support of the ordinance but thought terms should be the same for everyone. The number of allowable cart pick ups could be changed, if necessary, but whatever is designated should apply to everyone. There being no one further desiring to speak, Mayor Eck closed public comments at approximately 7:28 p.m. Ordinance No. 595 ADDING CHAPTER 5.30 "ABANDONMENT OF SHOPPING CARTS" TO TITLE 5 OF THE ROHNERT PARK MUNICIPAL CODE Discussion concluded upon motion by Councilman Flores, seconded by Vice Mayor Linda Spiro, and unanimously approved, with friendly amendment by Councilman Reilly to add language so that all stores are treated equally with respect to the six cart exemption clause, whether or not businesses have a retrieval service, and additional friendly amendment by Councilman Flores to revisit the matter in six (6) months, reading of Ordinance No. 595 was waived and said ordinance was adopted. Resolution No: 95 -99 ESTABLISHING FEES FOR RETRIEVAL AND STORAGE OF ABANDONED SHOPPING CARTS PURSUANT TO CHAPTER 5.30, TITLE 5 OF THE MUNICIPAL CODE City Manager Netter explained the resolution establishing the $25.00 fee. Upon motion by Vice Mayor Linda Spiro, seconded by Councilman Reilly, and unanimously approved, reading of Resolution No. 95 -99 was waived and said resolution was adopted. Rohnert Park City Council Minutes (5) July 11, 1995 MOBILE HOME PARK MATTERS: 1. Accepting resignation of Susan C. Aldeza from Rent Appeals Board with term to expire on December 31, 1995 (Vice Mayor Spiro's nomination) - Council concurred to accept this resignation and directed a letter be sent to Ms. Aldeza expressing appreciation for her services on the Rent Appeals Board. 2. Appointment to fill Rent Appeals Board vacancy left by resignation of Susan C. Aldeza - Vice Mayor Linda Spiro introduced Michael D. Bethke as her nomination for this appointment. Mr. Bethke confirmed his interest in the appointment. A motion was made by Vice Mayor Linda Spiro, seconded by Councilman Reilly, and unanimously approved, appointing Michael D. Bethke to the Mobile Home Park Rent Appeals Board to fill the referenced vacancy with term to expire on December 31, 1995. 3. Appointment to fill Rent Appeals Board vacancy left by resignation of Richard Brody - Mayor Eck referred to application from Kurt Engelhart as his nomination for this opening. Mr. Engelhart attended Sonoma State University for an MS in Social Systems and signifies a good background to serve on this Board. A motion was made by Mayor Eck, seconded by Councilwoman Gallagher, and unanimously approved, appointing L. Kurt Engelhart to the Mobile Home Parks Rent Appeals Board to fill the referenced vacancy with term to expire on December 31, 1996. 4. Mobile Home Park Purchase Program update - City Manager Netter reported that the agreement for the purchase of Rancho Feliz Mobile Home Park has been finalized as approved at the previous Council meeting. Assistant City Manager Leivo referenced mailer previously sent to park residents and advised that the mail response from residents of Rancho Feliz has signified overwhelmingly in favor of the purchase. A meeting has been scheduled at 7:00 p.m., this Thursday evening, July 13, at Rancho Feliz to respond to additional resident questions. DEBRIS BOX SERVICE PROVISION.• 1. Liability Coverage - City Manager Netter reviewed communications received as follows: (1) letter dated July 5, 1995 from Empire Waste Management urging equal standards for liability coverage; (2) letter dated June 18, 1995 from Barry Adams, Attorney for Industrial Carting responding to concerns expressed at the previous Council meeting and explaining pollution insurance provisions in Industrial Carting's $5,000,000 auto policy; and (3) letter dated July 5, 1995 from Redwood Empire Municipal Insurance Fund ( REMIF), the City's insurance carrier, responding to this item and explaining the insurance ratings with REMIF requirement of a Best rating of A VII indicating reserves of $50 million to $100 million compared to the Best rating A -, V rating indicating reserves from $10 million to $25 million. City Manager explained the A -, V signifies a rating of excellent versus the rating of superior for Best rating of A VII. He then summarized the three issues, i.e. 1. Pollution Coverage Limits 2. Insurance Best Ratings 3. Required Performance Bond Rohn --rt Park City Council Minutes .1111V 11; 1995 2. Review of Contract Provisions for Pollution Coverage and Performance Bond Issuer - City Manager Netter and City Attorney Flitner responded to Council questions related to the referenced contract provisions and the City as the regulatory agency. PUBLIC COMMENTS. Mayor Eck opened the meeting to receive public comments at approxi- mately 7:45 p.m. Maureen Middlebrook of Empire Waste Management, requested equity in requirements for haulers of debris box services. She said they were very proud of the record of their trained drivers and results of CHP inspections of their equipment. She thought these things also needed to be taken into consideration. Ms. Middlebrook responded to Council questions. Barry Adams, Attorney for Industrial Carting, reviewed above - referenced letter of June 28, 1995 regarding insurance provisions of Industrial Carting's $5,000,000 policy for its auto coverage. He advised that Mark Stokes, Insurance Agent for Industrial Carting, was also present at this Council meeting to explain the insurance rating levels and respond to additional Council questions. Attorney Adams gave the example of other garbage haulers in other cities and said the smaller companies cannot afford the higher rated insurance coverage. The rate range signified for Industrial Carting's policy should be sufficient for the debris box service. As to the above comments that everyone should be treated the same, the difference needs to be distinguished between types of services. Industrial Carting would only be handling debris boxes compared to Empire Waste handling the full line of services. The consumer will dictate the performance results simply by whether or not there is continued use of the service. Responding to a Council question, Attorney Adams said the cost is usually about 1% of the bond. Mark Stokes of Metzger & Wilkey Insurance Brokers, representing Industrial Carting, explained Insurance Carrier Overview provided to Council and signifying Sequoia Insurance Company A.M. Best Rating A -,V. Mr. Stokes responded to Council questions related to the ratings and various insurance terms and provisions. There being no one further desiring to speak, Mayor Eck closed public comments at approximately 8:10 p.m. Discussion included concerns expressed by Vice Mayor Linda Spiro pertaining to coverage per occurrence versus per aggregate and the potential of insufficient insurance provisions of such contracts ending up as the City's responsibility. Rohnert Park City Council Minutes ( 7) July 11, 1995 Mayor Eck commented on the need at some point in our society to deal with the bombardment of insurance concerns. Every risk cannot be considered or stopped. At some point it will be impossible to have coverage for every risk. He thought the provisions reviewed by Industrial Carting representatives seemed sufficient. Councilwoman Gallagher thought excessive insurance coverage requirements were going overboard and, though she agreed citizens must be protected, thought this dilemma was a factor in people leaving California. Councilman Reilly noted the difference between the A -,V Best Insurance ratings but did not think there were any major reasons why the rating was not sufficient. He thought the $5 million each incident was more important than the $10 million aggregate but expressed preference for some type of performance bond. Councilman Flores compared the scope of services for the Empire Waste franchise with those of the debris box services and thought the A -, V rating was reasonable for terms of the debris box service agreement. Vice Mayor Spiro referred to recent discussion with an underwriter related to this matter and shared examples including the need to call HAZMAT representatives for an incident in a local creek, the potential of insecticides or sulfuric acid, and the recent ether incident at the stadium. She did not think the size of the company was relevant to the need for the insurance requirements to be the same for all companies. Discussion continued and concluded upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, with Vice Mayor Spiro dissenting, terms of the Debris Box Service Agreement to include a $10,000 Performance Bond, a $5,000,000 per occurrence limit for Liability and Auto Pollution Coverage, a $6,000,000 aggregate and a $10,000 Pollution Property Damage Coverage, and acceptance of Best A -, V rating, was approved. 3. Industrial Carting Debris Box Application (under Ord. 606) - City Manager Netter advised consideration of this contract would be deferred to the next Council meeting. RECESS Mayor Eck declared a recess at approximately 8:15 p.m. RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:25 p.m. with all Councilmembers present. Rohnert Park City C oLinril Minutes ( R ) .1101V 119 1995 CABLE TV MATTERS. HR 1555/Proposed Federal Telecommunications Deregulation Act of 1995 - City Manager Netter reviewed fax communication from the Sacramento Metropolitan Cable TV Commission dated June 28, 1995 regarding this item scheduled for House of Representatives floor debate in mid -to -late July. Mr. Netter advised a letter was previously sent from the City asking the House version of the bill to be similar to the Senate version. Assistant City Manager Leivo has communicated with Congresswoman Woolsey's Office on this item. Staff recommends sending a letter supporting HR 1555 amendment similar to the language adopted by the Senate which includes addressing local governments' ability to protect public rights -of- way and receive compensation for the use of that rights -of -way. Staff also recommends requesting that the Act should "grandfather" local franchise agreements, adopted prior to enactment of the Act, for a transition period. A motion was made by Councilman Flores, seconded by Councilman Reilly, and unanimously approved, to send above - reviewed letter, as recommended by staff, supporting HR 1555 amendment. 2. Cable TV Franchise Agreement - City Manager Netter explained letter from Walter Hartsell of Cooper, White, and Cooper, representing MultiVision Cable TV and requesting this item be deferred to the next Council meeting of July 25. They are still in the process of going through details of the contract to ensure being comfortable with all agreements between both parties of the proposed transfer. Federal law stipulates that the City must review the Franchise Transfer Application within 120 days with initial deadline being July 21, 1995. Attorney Hansell's letter offered to extend the deadline to July 31 st, 1995. City Manager Netter also reviewed staff report from the City's Accountant/Auditor responding to MultiVision's response letter dated June 28, 1995 challenging some of the items in the CATV Audit. City Manager Netter advised he has been working directly with Auditor Fogle who stands strongly with the franchise fee calculations and determination of approximately $53,000 on items disputed. Attorney Hansell has signified agreement for MultiVision to pay the designated franchise fees with the stipulation that refunds would be expected if sufficient justification is provided. City Manager Netter further reviewed the position the City could take on wanting the payment to be made and advised the City is now challenging the issue related to franchise payments through the FCC. Mr. Netter said this matter could be discussed further at the next Council meeting. Councilman Flores shared contents of meeting report dated July 8, 1995 from the Ad Hoc Cable Franchise Committee comprised of Mayor Eck and Councilman Flores. The Council Committee met with Fran Parkey of MultiVision Cable TV, City Manager Netter and Assistant City Manager Leivo to discuss MultiVision's request to extend their franchise and to transfer their franchise to Century Communications. The Committee report reviewed reasons for recommending Rohnert Park City Council Minutes (9) July 11, 1995 Council approval of both requests subject to the resolution of the franchise fee dispute. Approving a new agreement with MultiVision would provide the possibility of the agreement being "grandfathered ", if permitted by legislation, i.e. current congressional consideration of HR 1555, Telecommunication Act of 1995. Approving the transfer to Century Communications would ensure a larger and more financially viable provider and would provide additional community benefits that are not within the funding capability of MultiVision. Aspects reflecting the Council Committee's recommendation of the transfer to Century Communications include: a) may reduce rates; b) will upgrade 54 -60 channels by December of 1998; c) has a 23 year record of cable system operation; d) will prove no cost service to El Camino High School, and e) will provide live broadcast equipment. Mayor Eck referenced clarity of flow charts prepared by staff regarding possible decisions and outcomes related to approving or not approving the franchise agreement and transfer of the franchise, and comparison of probable outcomes if MultiVision or Century hold the Cable Franchise. Council concurred to defer this item to the next Council meeting. A motion was made by Councilman Reilly, seconded by Vice Mayor Linda Spiro, and unanimously approved, to accept MultiVision's offer to extend the deadline for the City's review of the Franchise Transfer Application to July 31 st, 1995. COUNCIL DISCUSSION ON PURCHASE OF ELECTRIC DISTRIBUTION SYSTEM.° Mayor Eck referenced the presentation made on this item at the previous Council meeting. P.G. &E. representative, David LaFever, notified the Mayor that he was on vacation and has requested the item be deferred two weeks to allow time for P.G.& E. to prepare and make a presentation. Mayor Eck advised he agreed to defer the item to the next Council meeting of July 25, 1995. Vice Mayor Linda Spiro referenced hand out from League of California Cities regarding Revenues and Taxation review by Lobbyist Lynn Goldberg. This was a very detailed report signifying that the purchase of electric distribution systems is a big undertaking. Vice Mayor Spiro recommended the City move slowly on this issue and thoroughly review all the related details. Mayor Eck responded this item will be scheduled on the next Council meeting agenda and further comments will be allowed at that time. TRANSPORTATION MATTER: MTC Proposal/SCTA Regional Gas Tax - Mayor Eck advised the City Council may want to reconsider the neutral stand previously signified on this item because of a concept presented at yesterday's SCTA meeting. The Mayor confirmed this item would be placed on the next Council meeting agenda for review and consideration. DQDiiTaeat auuia'r City Council Minutes ( 1(1 1 July 11j 1995 COUNCIL COMMITTEE REPORTS; 1. General Plan facilitator proposal (Eck/Flores) - Councilman Flores distributed and reviewed the following Ad Hoc Committee recommendations from facilitator proposal meeting: 1) Hire Donna Oldford as the Facilitator for the 20 vear General Plan for responsibilities presented in her proposal, with the cost of her services estimated between $25,000- $30,000 to be included in the projected budget of $200,000 for the General Plan; 2) Appoint a General Plan Advisory Committee comprised of two members recommended by each Councilmember, one member from the Cotati - Rohnert Park School Board, one member from Sonoma State University, and one member from the Rohnert Park Chamber of Commerce for a total of thirteen (13) members, with Donna Oldford, Facilitator and City staff resource assistance from Planning Director Skanchy and Assistant City Manager Leivo; 3) Schedule presentations from the top three (3) Council selected firms, with assistance of Donna Oldford, and guidance forms to be provided to Council to help establish a priority order; 4) Begin the process with following noted time -line: July 10th - Request that staff develop and disseminate a candidate form for the General Plan Advisory Committee July 25th - Select the top 3 firms for presentations to the Council Aug. 8th - Presentations by the top 3 firms and the selection of the Council's first choice firm Councilman Flores introduced Donna Oldford, Planning Consultant. Ms. Oldford referenced above - reviewed Ad Hoc Committee meeting, confirmed details of her General Plan Facilitator proposal, and responded to various Council questions related to same. Discussion followed. A motion was made by Councilman Flores, seconded by Vice Mayor Linda Spiro, and unanimously approved, directing staff to prepare an agreement, for consideration at the next Council meeting, to commission Planning Consultant Donna Oldford as the Facilitator for the City's 20 Year General Plan with hourly rate not to exceed a designated amount. A motion was made by Councilman Reilly, seconded by Councilwoman Gallagher, to designate a 15 member General Plan Advisory Committee with 3 nominations by each Councilmember and appointments by existing City procedures. Discussion included preference expressed by Vice Mayor Linda Spiro for Councilmembers to make appointments vs. nominations for their signified number to the General Plan Advisory Committee, like the last one was formed. Councilman Reilly retained his motion to norf -Anate and have Council appoint according to established procedures for other City Commissions. The remaining Councilmembers expressed agreement with the motion as signified. For the record, Vice Mayor Spiro commented it would be very unfortunate if any Councilmember would not support a nomination. Councilman Reilly said he would also like to go on record that there could very well be a person out there that he could not support. Mayor Eck responded he could tell the Council up front, except for something like a criminal record, he will probably support the nominations. The above motion stood, with unanimous approval, for the designated General Plan Advisory Committee nominations and appointments to be made by existing City procedures. Rohnert Park City Council Minutes ( 11 ) July 11, 1995 Further discussion included concerns by Vice Mayor Linda Spiro, as previously expressed for the record, about the exorbitant costs signified in proposals from the General Plan Consultants. She said the City has very competent staff that could proceed with the General Plan and asked Planning Consultant Oldford what kind of approach could she offer to consider saving money. The City should not be spending money to do a General Plan by hiring a consultant from the outside and costing citizens more than what it would cost for the City to do it in- house. Vice Mayor Spiro commented that perhaps this was an option and just wanted to present it to Ms. Oldford for consideration. Mayor Eck responded that Ms. Oldford's first job would be to cut through the proposals to provide Council with comparisons. Having staff do this would also cost the City. Councilwoman Gallagher agreed with efforts to save money. Part of doing a General Plan, sometimes includes doing surveys. Council has agreed if another survey is done for the City, independent surveyors would be hired, so whoever is hired needs to be able to do that. Councilman Flores referred to the Council Committee's recommendation indicating that Assistant City Manager Leivo and Planning Director Skanchy would be staff resources. Their expertise will be available and beneficial. 2. Fieldhaus Proposal (Spiro/Flores) - Councilman Flores advised the Ad Hoc Committee is negotiating various contract aspects prior on this proposal prior to presenting a recommended proposal to the full Council. He distributed to Council an outline of noted elements under consideration with attached copy of a preliminary contract signifying City Attorney Flitner's suggested changes. Discussion followed. A motion was made by Councilman Flores, seconded by Vice Mayor Linda Spiro, and unanimously approved, directing staff to finalize the proposed contract with Fieldhaus for further consideration at the next Council meeting. Councilwoman Gallagher expressed the preference for input from citizens on this item. Councilman Flores responded public hearings would be part of the process. Councilman Reilly said he would like to know how opportunities for youth are envisioned in this proposal and if plans include consideration of the cost for use related to youth involvement. 4. Hospital Site Committee (Spiro /Gallagher) - As a courtesy to representatives present in the audience, Mayor Eck moved this item forward on the agenda. Vice Mayor Linda Spiro referenced informational communications distributed to Council which were reviewed at the July 10, 1995 Council Committee meeting for this item as follows: letter dated July 7, 1995 from David L. Walker, Real Estate Developer, regarding formation of the California Limited Liability Corporation for the proposed Wellness Center and Health Campus; Report to Council Subcommittee dated July 10, 1995 regarding Current Status on Project; and City Attorney Flitner's report dated June 14, 1995 regarding legalities to consider related to this proposal. She advised tRohnert Park City Council Minutes ( 12) July 11, 1995 representatives of the Proposed Wellness Center and Health Campus were available at tonight's Council meeting to respond to Council questions, if desired. Vice Mayor Spiro commented this is a very innovative proposal and by having this type of entity in charge, it would relieve the Council of direct responsibility, as well as de- politicize the project. Councilwoman Gallagher reported that the Committee meeting discussion went very well. She noted there has recently been some interest in the land by others but there was a long interval of time without any interest shown for this site. This proposal is looking at the needs of the community and those involved have been working on it for a long time. The Council Committee agrees they have shown a strong level of commitment. A motion was made by Vice Mayor Linda Spiro, seconded by Councilwoman Gallagher, and unanimously approved, directing staff to prepare an agreement for above - reviewed Wellness Center and Health Campus for Council's consideration on its next meeting agenda, with friendly amendment by Councilman Reilly for City Attorney Flitner to research the land use designation to ensure compliance with desires of the donors. 3. Golf Course Committee (Spiro /Gallagher) - Vice Mayor Spiro advised there was a good turn out at the Golf Course Committee meeting held on Thursday, June 29, 1995. A veritable "no" was received from Golf Course representatives on the Holiday change previously requested by Council. They are not open to discuss it and the contract with the City is not stated in such a manner that would enable the Council to make a unilateral decision. Secondly, representatives of the Golf Course are asking for a snack bar which is an idea at this time and not necessarily going to happen. Also, the possibility of reviewing resident rates was discussed which would possibly open up the entire contract. Vice Mayor Spiro said, if this is done, she recommended reviewing their profit and loss statement for the Rohnert Park operation to see how the profits are utilized to make sure residents receive benefits from any rate increase over the terms of the existing agreement. Other matters about capital improvements on the course and maintenance items were reviewed. Councilwoman Gallagher added it seemed like citizens in general will not look friendly toward raising rates and building another building will not contribute to solving that problem. Ms. Gallagher thought the City Manager had indicated that rates could be opened without re- opening the contract. City Manager Netter responded that was correct as it could be done by resolution, however, Council may want to consider opening the contract in order to have more leverage in negotiations. He reminded the Council that the City's control over resident rates was a negotiated provision in the lease, along with a 40 year extension of the lease. Mr. Netter explained the alternatives available for consideration and responded to Council questions. Vice Mayor Spiro said the residents were not told at the Committee meeting that there is going to be a rate increase and she wanted to make it clear that this discussion was only fronting an idea. Mayor Eck responded that the Council may or may not decide to do anything. Rohnert Park City Council Minutes ( 13 ) July 11, 1995 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. MATTERS FROM/FOR COUNCIL: 1. Mayors' & Councilmembers' Assoc. - General Membership Dinner Meeting to be hosted by City of Cotati on Thursday, July 13, 1995, 6:30 p.m., at the Las Guitarras Restaurant, 7384 Commerce Ave., Cotati - Mayor Eck announced this informational item. 2. Sonoma County Fair - Rohnert Park/Cotati Race at 4:00 p.m. on Wednesday, July 26, 1995 - Mayor Eck announced this informational item. 3. "National Night Out" - Tuesday, August 1, 1995 - Mayor Eck announced this item and advised more information would follow. 4. Set date and time for Public Hearing on Fire Services Assessment Issue - City Manager Netter referenced previous discussion on this item concluding in Council's desire for further review and consideration. Council concurred to schedule the Fire Services Assessment Issue to discuss the matter further and possible scheduling of a public hearing on the upcoming agenda for 1995 -96 Budget Work Session. 5. Set date and time for Public Hearing on Proposed 1995 -96 Budget - Council concurred to schedule a public hearing on the Budget following the Budget Work Session to be held at 4:00 p.m. on July 25, 1995. 6. PERS Regional meeting on Part-Time Employees, August 1st, 1995 in Palo Alto - Vice Mayor Linda Spiro referenced this meeting notice from League of California Cities and previous Council discussion pertaining to concerns about part time employees not qualifying for PERS coverage. She recommended City staff attendance at this PERS Regional meeting. City Manager Netter advised staff is scheduled to attend. 7. California Police Chief s Position on Gun Control - Vice Mayor Spiro referenced information provided on this item and recommended a letter over the Mayor's signature expressing support of the California Police Chief's position paper on gun control. 8. Non - support of SB 53 related to mobile home parks taxation - Vice Mayor Spiro recommended a letter over the Mayor's signature expressing opposition to SB 53. Mayor Eck directed placement of above items 7 and 8 on the next Council agenda. 9. State Budget Cuts - Vice Mayor Linda Spiro referenced letter from County Assessors to Sacramento recommending, if counties are going to be cut from State budget revenues, cities should also participate in those cuts. Mayor Eck responded this has been and will continue to be an on -going problem. Rohnert Park City Council Minutes ( 14 ) CITY ATTORNEY'S REPORT.• July 11, 1995 1. Hillsboro vs. City of Rohnert Park - City Attorney Flitner updated Council on this case which has been placed on hold until July 22nd, 1995. The Rent Appeals Board may be ready to proceed by then. 2. Hallock vs. City of Rohnert Park - City Attorney Flitner advised this case is still under submission. UNSCHEDULED PUBLIC APPEARANCES. Mayor Eck asked if there were any additional unscheduled public appearances at this time. No one responded. ADJOURNMENT. • Mayor Eck adjourned the meeting at approximately 9:40 p.m. to 4:00 p.m. on July 25, 1995 for a 1995 -96 Budget Work Session. De Ci C erk jh Mayor ROHNERT PARK CITY COUNCIL MINUTES 1995.96 BUDGET WORK SESSION JULY 25,1995 The Council of the City of Rohnert Park met this date in an adjourned 1995 -96 budget work session commencing at 4:00 p.m. prior to the regularly scheduled City Council meeting. The work session was held in the City Offices, 6750 Commerce Blvd., Rohnert Park, with Mayor Eck presiding. Call to Order Mayor Eck called the 1995 -96 budget work session to order at approximately 4:00 p.m. Roll Call Present: (5) Councilmembers Flores, Gallagher, Reilly, Spiro and Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Netter and Finance Director Harrow. Members of the community present: Planning Commissioner Linda Branscomb. Agenda Posting - The Mayor acknowledged the City Manager /Clerk's report on the posting of the meeting's agenda. Unscheduled Public Appearances - The Mayor stated that in compliance with State law (the Brown Act) citizens wishing to comment may do so at this time. There being no one wishing to speak at this time, Mayor Eck moved the meeting to the scheduled items. Linda Branscomb commented that the Council should consider writing a letter to Congressman Frank Riggs to not cut CDBG funds for affordable housing. She also recommended a letter be sent to President Clinton regarding these proposed cut - backs. There being no one else wishing to comment, the Mayor opened for discussion the proposed 1995 -96 budget. Rohnert Park Chamber of Commerce - Beth Jeffcoat, President of the Rohnert Park Chamber of Commerce Board of Directors discussed the relationship between the City and the Chamber and its existing contract She outlined the successes and new programs instituted by the Chamber, including the Business Trade Show, Holiday Lights, Government Advisory Comittee, A M Rohnert Park, the Economic Development Committee, and others. She indicated the Chamber Rohnert Park City Council Minutes Budget Work Cession _ July 25; 1995 would like to enter into more of a pay - for - services type of contract. At this time the Chamber is requesting the funding remain at $30,000 (an additional $5,000 over the contract amount of $25,000). There was a general discussion among the Councilmembers, including the assurance that the additional funding would not be used by the GAC Committee for support of elections. Beth Jeffcoat indicated that the GAC Committee has separate fund raisers and these funds would not be used for those efforts. Councilwoman Gallagher indicated that the Chamber should be on its own and should eventually be separated from City funding. Other Councilmembers commented in support of funding for specific contractual services by the Chamber. Mayor Eck indicated he would like to see the Economic Development Commission continue its efforts and expand its horizon to assist in business development in the community. There was general discussion among the Council on the Chamber funding and what other communities or formula they use in order to disburse funds to their chambers of commerce. Upon motion by Councilman Flores, seconded by Vice Mayor Spiro, to support the additional $5,000 designated services subject to the funds not being used for the Government Advisory Committee, was approved with Councilwoman Gallagher voting "NO." Councilwoman Spiro indicated she would like to see the formula that other cities such as Petaluma and Santa Rosa use for funding their chambers of commerce for possible contract amendments next year. Councilwoman Gallagher indicated that she would like to see the books on how the money is spent by the Rohnert Park Chamber of Commerce. Staff overview of baseline budget and expanded budget - City Manager Netter re- reviewed the proposed budget and outlined the baseline budget as documented on page 17.1 through 17.3 of the budget document. City Manager Netter indicated that the Council will have to look seriously at some revenue proposals if it desires to implement the Five Year Fire Services Plan as the costs for additional personnel have not been included in the baseline budget. The Council commented on the possibiity of staff reducing in certain areas as well as the possibility of joint police and fire with the City of Cotati or Sonoma State University. City Manager Netter indicated that the joint dispatch has been discussed in the past with both Cotati and the University discontinuing those Rohnert Park City Council Minutes Budget Work Session - July 25, 1995 discussions as each boiled down to territorialism and reluctance to give up certain functions they were familiar with. Other discussion included privatization of certain operations such as Parks and Recreation, Performing Arts Center, Public Safety, and other departments. The idea of a major public hearing for revenue enhancements was also discussed. The Council realized that without revenue enhancements the budget would have to be cut in the neighborhood of $1.5 million, which would definitely include personnel cuts. Councilman Flores indicated he would like to focus on a balanced budget in the 1996 -97 year with a one year transition. He also indicated that the department heads should take a serious look at their departments to see if items could be cut without affecting services. Mayor Eck indicated he would recommend a major Town Hall Meeting, possibly on a Saturday morning, to discuss revenue enhancements and proposed budget cuts. Discussion continued wherein the City Council directed the City Manager to discuss this matter with department heads in an attempt to reduce the existing budget by $1.5 million. Linda Branscomb commented that the Council and City Manager should stop babying the employees, that they were lucky to have jobs, and they all should be willing to take salary cuts in order to assist in balancing the budget. Discussion continued looking at revenues and rumors that Price Club /Costco was going to relocate from the City of Rohnert Park and also the cable franchise fees lost because of the recent discussion of de- regulation. The Council requested staff to put together new numbers with those revenue reductions. The revenue reductions would also include any loss of revenues due to K -Mart closing. Adjournment - Due to time constraints, the Mayor adjourned the meeting at approximately 5:50 p.m. to the regularly scheduled meeting. City Man ger /Clerk RM Mayor Rohnert Park City Council Minutes July 25, 1995 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 Eck presiding. CALL TO ORDER: Mayor Eck called the regular session to order at approximately 7:12 p.m. and led the pledge of allegiance. The Mayor advised a Budget Work Session was held at 4:00 this afternoon and a closed session commenced this evening at 6:00 to discuss litigation matters, labor negotiations, real estate negotiations and personnel matters, as listed on the agenda attachment. Later on the agenda, reports will be given on the three litigation items and the Mobile Home Park Purchase Program for Rancho Feliz. No action was taken and there was nothing further to report at this time. ROLL CALL Present: (5) Councilmembers Flores, Gallagher, Reilly, Spiro and Mayor Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Director of Public Works /City Engineer Brust, Planning Director Skanchy and Finance Director Harrow. APPROVAL OF MINUTES: Upon motion by Councilman Flores, seconded by Vice Mayor Linda Spiro, adjourned meeting and regular meeting minutes of July 11, 1995 were unanimously approved as submitted. APPROVAL OF BILLS: Upon motion by Vice Mayor Spiro, seconded by Mayor Eck, City bills presented per the attached list in the amount of $1,037,660.50 were unanimously approved. NON-AGENDAED MATTERS: Mayor Eck asked if Councilmembers had any non - agendaed items to add to the agenda. Councilman Flores signified one miscellaneous item to add. City Manager Netter also signified one miscellaneous item to add. Rohnert Park City Council Minutes ( 2 ) juiy 25, 1995 UN,4CHEDULED PUBLIC APPEARANCES: Mayor Eck 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. Vicki Vidak - Martinez, 556 Lydia Ct., President of the Board of Education, Cotati - Rohnert Park, referenced discussion at the last School Board meeting with City Councilmembers present regarding General Plan Advisory Committee appointments. She reviewed reasons for being imperative to include a School District representative to represent the School District's needs and views related to the community. Mayor Eck explained there has been some discussions regarding the possible make -up of the General Plan Advisory Committee. There has been no action taken to eliminate any groups that want to be involved. The School District needs to be represented but there is some question as to whether it should be a type of ad hoc representation with the opportunity for making recommendations. Councilman Flores said he and Mayor Eck, as Ad Hoc Council Committee, met with the Planning Consultant this afternoon regarding the General Plan Facilitator proposal. Some preliminary recommendations for the General Plan Advisory Committee were made that may or may not be sustained. Vice Mayor Linda Spiro commented on this being an opportunity to put action to words, working together with the School District, and efforts that will result in making everyone happy. Mayor Eck said he could guarantee the School District would not be excluded from the effort and there is just a question on how the appointments will be made. Steve Kenworthy, 7320 Barbie Ln., requested assistance for reversing charges related to a DMV parking violation he received when he was ticketed for storing his vehicle on the street in front of his home while waiting for a tire to be repaired. His appeal to the Department of Public Safety was not successful. Mayor Eck said he thought the matter would be between Mr. Kenworthy and the court system and, if he wanted to fight it, he would have to make a court appearance. City Manager Netter responded it is in the court system once it goes through the DMV. Mr. Netter said Mr. Kenworthy could call his office tomorrow to schedule a time to review the matter further. Rohnert Park City Council Minutes (3) July 25, 1995 SCHEDULED PUBLICAPPEARANCES: 1. Barbara Wallen, Committee Chairperson of Cotati/Rohnert Park Education Foundation shared contents of letter dated July 18, 1995 requesting use of a racquetball court for a marathon fundraiser on Saturday, September 16th, 1995, from 8:00 a.m.4:00 p.m. City Manager Netter explained the timing factor of this event and inability to make the request at the last Parks and Recreation Commission meeting. He confirmed staff support of the proposal. City Manager responded to the Mayor's inquiry that the request does involve a waiver of fees. Discussion concluded in Council concurrence to designate the time and date for use of the racquetball court, as requested, but without waiver of the fee. If funds are sought, then they must follow proper procedures. 2. Cliff Mills, 7339 Circle Drive, shared contents of his letter of July 9, 1995 regarding a water leak in the driveway leading to his home since February of this year. He commented on background of original waterline /meter installations and shared his contention that repairs of water lines up to meter boxes are the responsibility of public utilities. Discussion included City Manager Netter and Director of Public Works/City Engineer Brust responses to related Council questions, including explanation reviewed in the Council Meeting Memo. In the Circle Drive case, the water leak appears to be 3' to 4' from the sidewalk which is in the private property section of the driveway easement and, therefore, it is the opinion of the City Engineer that this leak is the responsibility of the homeowner and not the City's responsibility. If the City repairs this leak, then other private property owners will also request similar leaks to be repaired that would not normally be the City's responsibility. Discussion concluded upon motion by Councilman Flores, seconded by Vice Mayor Linda Spiro, and unanimously approved, directing the Department of Public Works to proceed immediately with the Circle Drive water leak repairs, and directing the City Attorney to review legalities pertaining to private property/ public easement responsibility to determine whether the City should cover the cost or if the residents should be billed. Heidi Darling, 7287 Circle Dr., reviewed reasons for feeling all the water leaks on Circle Drive were the result of initial installation decisions and, therefore, felt the City should be responsible for fixing all the water lines. Mayor Eck responded that concerns expressed tonight is why the Council has directed the City Attorney to review the legalities involved to establish private property/public easement responsibility. Rohn--r; Park CEty Counc:8 i -notes t 4 1 rowed, 259 1995 CONSENT CALENDAR Mayor Eck 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. Resolution Nos: 95 -100 AUTHORIZING AND FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT AND APPLICABLE STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 1995 -96 95 -101 AUTHORIZING AND APPROVING AN AGREEMENT FOR LAW ENFORCEMENT PSYCHOLOGICAL SERVICES 95 -102 APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH OLD ADOBE DEVELOPMENT SERVICES, INC. 95 -103 EXPRESSING OPPOSITION TO SENATE BILL 1257 RE. PREEMPTION OF RENT CONTROL 95 -104 APPROVING AN AGREEMENT FOR ENGINEERING SERVICES WITH WINZLER & KELLEY FOR OVERCROSS WIDENING AT ROHNERT PARK EXPRESSWAY AND U.S.HIGHWAY 101 95 -105 URGING MUNICIPAL COURT JUDGES TO GIVE MUNICIPAL CODE ENFORCEMENT VIOLATION INVOLVING DESTRUCTION OF PROPERTY, FULL AND SERIOUS CONSIDERATION, INCLUDING THE ORDER FOR -RESTITUTION Upon motion by Vice Mayor Spiro, seconded by Councilman Flores, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Mayor Eck advised the General Plan item would be moved forward on the agenda and handled at this time as a courtesy to the Planning Consultant present for same. GENERAL PLAN MATTERS: 1. Current General Plan Update - City Manager Netter referenced receipt of Administrative Draft of the Environmental Impact Report from RECON Environmental Corp. for a total cost of $27,000. Council was provided with copies of the index and preface pages for informational purposes. Mr. Netter responded to Council questions confirming that staff is in the process of reviewing the administrative draft. Rohnert Park City Council Minutes ( 5 ) duly 25, 1995 2. 20 Year General Plan Update. A. General Plan Facilitator Proposal City Manager Netter advised the contract for this item has been reviewed by the City Attorney establishing an hourly rate and a not -to- exceed amount, as directed at the previous Council meeting. Planning Consultant Donna Oldford responded to various Council questions. Mayor Eck advised that the Ad Hoc Council Committee comprised of himself and Councilman Flores met this afternoon with Planning Consultant Donna Oldford to further review this proposal and the preliminary limits set in the agreement. Resolution No. 95 -106 APPROVING AGREEMENT WITH DONNA OLDFORD, FACILITATOR Upon motion by Vice Mayor Linda Spiro, seconded by Councilman Flores, and unanimously approved, reading of Resolution No. 95 -106 was waived and said resolution was adopted. B. Council Committee appointments to interview firms for preparation of General Plan & EIR Councilman Flores referenced this afternoon's Ad Hoc Committee meeting with Ms. Oldford and comments related to preliminary recommendation possibilities. He said the Ad Hoc Committee is still in the process of review and, with the above - approved Facilitator Agreement, will be able to make a recommendation at the next Council meeting. Mayor Eck confirmed that with the official hiring of Donna Oldford as the Facilitator, she can proceed with evaluating the firms and provide a synopsis for Council's consideration, prior to making Council Committee appointments for the interviews. C General Plan Advisory Committee appointments - Mayor Eck referenced current public notice running on this item seeking applicants. Facilitator Donna Oldford responded to Council inquiry that she would be preparing options for Council's consideration regarding factors related to the make -up and purpose of this Committee, suggesting the possibility of Committee consensus advisory recom- mendations versus the more divided approach of casting votes. Ad Hoc Committee Members Eck and Flores recommended another Ad Hoc Committee meeting for further review of the process for the Advisory Committee. Discussion included varied Council comments pertaining to the make -up of the General Plan Advisory Committee; comparing differences between the roles of voting members and ex -officio members; and whether or not being a resident should be a requirement for voting members. A motion was made by Councilman Reilly, seconded by Councilwoman Gallagher, with Vice Mayor Spiro and Councilman Flores dissenting, to require all voting members of the General Plan Advisory Committee to be residents, was approved. Rohnert Park City Councii Minutes ( 6 ) .iuiy 25, 1995 Vice Mayor Linda Spiro requested it be noted that she was not sure the residency requirement was established for the last General Plan Advisory Committee Members. She referenced the example of School District representatives and their request to have two designated trustees on the General Plan Advisory Committee. Councilman Flores requested it be indicated that he thought the Council made the impression with SSU representatives at the joint meeting to have them as an intricate part of the General Plan process and at that meeting they appointed their representatives. He did not think it was their intention or the Council's that they would not have active participation in the process through the voting option. Mayor Eck responded that he thought input at the joint meeting with SSU signified they expected to participate in the General Plan process and voting was not the main interest, but he would bring it up to SSU representatives. Mayor Eck advised the meeting would now return to original agenda order. 199' 96 BUDGET - Report on status Jcl1mvdng Budget Work Sessions - City Manager Netter advised the Council requested one more Budget Work Session be held on Tuesday, August 8th, 1995 at 4:00 p.m. During this afternoon's work session, Council also mentioned the possibility of holding a Town Hall Meeting to discuss factors of Fire Services Assessment and budget concerns into the year 2001. These are important items that Council felt should be brought out and communicated to the public. City Manager Netter further advised that a formal public hearing for the budget has duly noticed and scheduled during the regular City Council meeting of August 8, 1995. Hopefully, the work session to be held earlier that afternoon will refine and resolve the main budget concerns but, if not, staff would recommend the formal public hearing be carried over to another date. PUBLIC COMMENTS - Mayor Eck advised a citizen comment time was allotted on the agenda for this item and opened the meeting to public comments. No one responded. CONST RUCT'IO NIBUILDIN. G .J?EPIEW - Prop osal rom Independent Inspector City Manager Netter referenced this proposal from Charles L. Breeden received yesterday and distributed to Council prior to the Council meeting with attached Building Review Inspection Cost Estimate summarization by Director of Public Works/City Engineer Brust. Discussion included Council comments on the reasonable charges offered in the proposal and that it would be advisable to have someone with expertise proceed with the inspections. City Manager responded to Council inquiry that the Building Inspector proposal could be adopted by motion at this time, or by formal agreement or letter agreement prepared for consideration on the next Council agenda. Rohnert Park City Council Minutes ( 7 ) July 25, 1995 Vice Mayor Linda Spiro questioned the proposal signifying $75/hour plus costs for any time spent in litigation and wanted to be certain it was understood that Council is just asking for inspections to be done. City Attorney Flitner responded he has not reviewed this particular proposal but a clause in agreements for possible litigations is standard and whoever calls on the individual for such litigations would be required to pay the fees. Upon motion by Councilman Reilly, seconded by Vice Mayor Spiro, with friendly amendment by Councilman Flores indicating Council is making no commitment on the issue of litigation, the proposal of Charles Breeden for independent building inspection services, as otherwise proposed, was unanimously approved, and City Manager was directed to formalize and execute a letter agreement. INDUSTRIAL CARTING DEBRIS BOX APPLICATION (under Ord 606) City Manager Netter explained the resolution for consideration on this item, as reviewed in the Council Meeting Memo. Resolution No. 95 -107 APPROVING THE AGREEMENT FOR DEBRIS BOX SERVICE BY INDUSTRIAL CARTING Upon motion by Councilwoman Gallagher, seconded by Councilman Reilly, and approved with Vice Mayor Spiro dissenting as she did not believe insurance requirements for pollution liability should be reduced, reading of Resolution No. 95 -107 was waived and said resolution was adopted. RECESS Mayor Eck declared a recess at approximately 8:25 p.m. RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:40 p.m. with all Councilmembers present. PURCHASE OF ELECTRIC DISTRIBUTION SYSTEM I. Staff update - City Manager Netter advised Council has been provided with informational reports on this item from P. G. & E. and from William Lyons, President of Infrastructure Resources. As previously requested by Council, a staff report from Finance Director Harrow has also been provided to Council regarding possible funding sources for loan to Electric Enterprise Fund. The report included the current estimate that the City would need approximately $36,000 for preliminary studies. nvliiic� i Park %At 'viiudi iuiite� 4: j Jul. y 25, 19 95 2. A G. & E. Presentation - Gary Heitz, General Manager, P. G. & E., expanded on above reference report dated July 25, 1995 outlining key messages from P. G. & E. regarding take over of its facilities (copy attached to original set of these minutes). Mr. Heitz responded to numerous Council questions related to this item. Mayor Eck advised he responded to a phone invitation earlier today and made a quick observation from the car of the sophisticated hardware involved at just a few of the substations required for the distribution of electrical services. The Mayor recommended other Councilmembers do the same to have a first hand view of this complicated and extensive part of electrical provisions. Mr. Heitz expressed appreciation for the opportunity to give tonight's presentation. He hoped the information would be useful and that Council should not hesitate to call if they had any further questions. 3. Consultant Report & Review - William A. Lyons, President of Infrastructure Resources, referred to the previous presentation he made to Council, approximately thirty days ago. He reviewed the above- referenced report dated July 20, 1995 with attached documents responding to the most recent communications between their firm and the City pertaining to factors involved for the consideration of purchasing an electric distribution system. Mr. Lyons responded to related Council questions. Discussion included Council expression of various concerns related to quality of service at the most economical rates possible for the benefit of residents; the need for a more accurate projected cost of the system, including the necessary cost of rebuilding distribution substations; and projected litigation costs. Council concurred to direct staff to prepare a cost analysis for further review by the City Council. John Hudson, 399 Bonnie Ave., said comments in the above P. G. & E. presentation regarding other countries now trying to privatize caused him to wonder if any of the cities that took over electric distribution systems ever expressed any regrets. Mayor Eck responded the answer to Mr. Hudson's question would be obtained for -inclusion in forthcoming reports. Gary Heitz, General Manager, P.G. &E., said he would be happy to consolidate figures for entities pertaining to the projected estimated costs for this item, if Council desired. Mayor Eck expressed appreciation for the offer and accepted on behalf of the Council. PLANNING AND ZONING MATTER: File No. 1682 - Review of Use Permit Application of In -N -Out Berger Restaurant/Raymond Villaneuva for 2,912 sq.ft., 70 seat fast food drive through restaurant to be located at 5145 Redwood Drive, Rohnert Park, north of and contiguous to Levitz Furniture Store. Planning Director Skanchy shared contents of staff report on this item and responded to Council questions. Rohnert Pack City Council Minutes ( 9 ) July 25, 1995 Fred Encinas, 4199 Campus Drive, Irvine, Ca. 92715, Real Estate Manager for In -N -Out Burger, reviewed background and services of the In -N -Out Burger Restaurant. Mr. Encinas responded to related Council questions. Upon motion by Vice Mayor Linda Spiro, seconded by Councilman Flores, File No. 1682 for Use Permit of In -N -Out Berger, as approved by the Planning Commission with conditions as outlined in Planning Staff Report dated July 13, 1995, was unanimously approved. CABLE TV FRANCHISE AGREEMENT AND TRANSFER 1. Staff report and status of issue regarding franchise fees due (from audit) - City Manager Netter referenced update on this item, as reviewed in the Council Meeting Memo, confirming MultiVision has agreed to payment of designated amount for bad debt recoveries and unreported copyright fee collections including accrued interest, with the indication that these items were an oversight. The remaining items listed in the audit report are in dispute and Fran Parkey of MultiVision has recommended the amount equal to these items be deposited in escrow until reconciled. Staff feels this is a fair resolution and it will avoid holding up the franchise transfer. 2 Staff report on amendment to Franchise Agreement - Assistant City Manager Leivo explained minor amendment pertaining to Section 1.6 - Franchise Not Exclusive. If Council were to consider and approve another franchise, the same conditions and requirements would apply. Staff recommends approval of the agreement renewing the non - exclusive franchise and granting consent for approval of transfer of the cable system from M. L. Media Partners to Century Bay Area Cable Corp. subject to above - reviewed reconciliation of back franchise fees. EXTEND COUNCIL MEETING. Upon motion by Councilwoman Gallagher, seconded by Councilman Flores, with Vice Mayor Spiro dissenting, to extend the Council meeting beyond the 10:00 p.m. adjournment time in order to complete necessary agenda items, was approved by the required four /fifths vote. PUBLIC COMMENTS - Mayor Eck opened the meeting to receive public comments at this time. Dan McDermott, 75 Walnut Circle, questioned Cable TV late fee charges, method of setting fees, percentage amount of fees, and the date used for late charges being out of sync with the billing process. Fran Parkey, Regional Manager of MultiVision, explained the necessity of the transfer related to more and more small distributors, like MultiVision, having to exit the industry due to not having the resources to compete. Ms. Parkey reviewed numerous reasons for supporting the transfer to Century Cable Corp. She also responded to Council questions regarding the billing cycle and late charge policy. In general, late charges R/ohnert Parr City Council Minutes ( 1.0 ) July 25-1995 are incurred 22 days after the billing and there are various billing cycles. Ms. Parkey confirmed that the services already exist for live broadcasting for the City Council Chamber and provisions for the High School are currently underway. Councilman Reilly expressed concern about making sure the agreement specifies the guarantee of the live broadcasting provisions no matter what happens with the franchise rulings. Councilman Flores commented that was the intent in Council Committee meetings. Fran Parkey agreed that was certainly the intent and would be signified in the language of the joint trenching paragraph. Resolution Nos. 95 -108 APPROVING AN AGREEMENT RENEWING THE NON - EXCLUSIVE FRANCHISE HELD BY M.L.MEDIA PARTNERS, L.P. TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF ROHNERT PARK AND SETTING FORTH CONDITIONS ACCOMPANYING THE RENEWAL OF THE FRANCHISE Upon motion by Councilman Flores, seconded by Councilman Reilly, and unanimously approved, reading of Resolution No. 95 -108 was waived and said resolution was adopted. 95 -109 GRANTING CONSENT AND APPROVAL FOR THE TRANSFER OF THE ROHNERT PARK CABLE TELEVISION FRANCHISE HELD BY M. L. MEDIA PARTNERS, L.P. TO CENTURY BAY AREA CABLE CORP. Upon motion by Vice Mayor Linda Spiro, seconded by Councilman Flores, and unanimously approved, reading of Resolution No. 95 -109 was waived and said resolution was adopted. 3. Acceptance of Payment from MultiVision Cable TV.• Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, and unanimously approved, to accept check in the amount of $20,812 from MultiVision representing additional franchise fees for bad debt recovery, copyright fee revenues and applicable interest for the period from January 1, 1991 through March 31, 1995, and directing City Manager to executed letter agreement accepting same, with the balance of $31,000 being deposited into escrow until resolution. Additional comments included Fran Parkey's response to Councilman Reilly's inquiry that Mr. McDermott's concerns about the late charges and billing process would be addressed. Fran Parkey of MultiVision also introduced Jeffrey Butler, Regional Manager of Century Cable Corp. who was present at this Council meeting. Rohnert Park City Council Minutes ( 11 ) July 25, 1995 DEFERRAL OF REMAINING AGENDA ITEMS: Due to the lateness of the hour, Council concurred to defer the remaining items listed on the agenda to the next regular City Council meeting of August 8, 1995, except as signified in these minutes. 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. MATTERS FROMIFOR COUNCIL: 1. Snyder Lane/Hagemann Lane Project (D.Tatman) - Trees being cut - Councilman Reilly reviewed citizen concerns expressed to him regarding this item which was discussed at a previous Council meeting. Planning Director Skanchy explained the situation related to saplings that cannot be saved and fence repairs in progress. Staff is working with Mr. Tatman and will continue to work with him on these concerns. Linda Branscomb, Planning Commissioner, agreed Mr. Tatman has signified his willingness to work with the neighbors on these concerns, and though efforts of the project do not allow saving all the trees, the definite assumption is that he has a proposed plan for the trees and is going to work with the City on the plan. Council agreed it was appropriate for staff to continue working with Mr. Tatman to mitigate these circumstances. ADJOURNMENT. • Mayor Eck adjourned the meeting at approximately 10:27 p.m. to 4:00 p.m. on August 8, 1995 for a 1995 -96 Budget Work Session. Dep Ci lerk IT Mayor jh ROHNERT PARK CITY COUNCIL MEETING JULY 25, 1995 Key messages from PG &E regarding take over of its facilities. • PG &E has made substantial efforts to improve service reliability in Rohnert Park and has outlined its plans for further improvement. • PG &E electric rates have been frozen for two years and will be reduced 25% by 1999. • PG &E pays Rohnert Park $205,000 /yr in franchise fees plus its share of $7.9 million in property taxes for Sonoma County. • Electric industry is undergoing major restructuring. Future is unclear. • PG &E facilities serving Rohnert Park are integrated and not easily separated. Economies of scale will be a major cost factor for Rohnert Park to consider. No other city in Northern California operates its own electric system without the benefit of low cost federal power. • PG &E's electric system is not for sale. Take over process is complex, time and energy consuming, and very costly. 7/20/95