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1995/08/22 City Council MinutesRohnert Park City Council Minutes August 22, 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 6:50 p.m. and led the pledge of allegiance. Mayor Eck advised there was a tour of the new Middle School on Snyder Lane this afternoon at 4:00 and a closed session commenced this evening at 6:00 to discuss litigation matters, labor negotiations and personnel matters as listed on the agenda attachment. 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, Finance Director Harrow and Accountant/ Auditor Raymond. Also present, student court reporter, Jenna Buhman. APPROVAL. OF MINUTES: Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, adjourned meeting minutes of July 25 and August 8, 1995, and regular meeting minutes of August 8, 1995 were unanimously approved as submitted with the following correction by Vice Mayor Spiro, page 12, 1st paragraph, statement "she wanted to point out" should be corrected to read "one of the attendees at the meeting, Mr. Napier" pointed out that the residents may not realize what a good golf course they have. APPROVAL OF BILLS: Upon motion by Councilman Reilly, seconded by Vice Mayor Linda Spiro, City bills presented per the attached list in the amount of $419,289.39 were unanimously approved. ltobnert Park City Council minutes ( 2 ) August 22, 1995 NON- AGENDAED MATTERS: Mayor Eck asked if Councilmembers or staff had any non - agendaed items to add to the agenda. Councilman Flores, Councilman Reilly, Vice Mayor Linda Spiro and City Manager Netter each signified a miscellaneous item. Councilman Flores one regarding Middlebrook Way crosswalk; Councilman Reilly, one regarding Bicycle dots; Vice Mayor Spiro, two Hands Across the County and gymnastics weight room proposal. City Manager Netter also signified one item regarding Hewlett Packard Communication meeting. 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. 1. Hertsel Harrison, 4413 Hamlet Court, stated he wished to speak in support of the funding for the Senior Center full time position for Vicki Wilkerson. Mr. Harrison stated that Ms. Wilkerson has proven to be a valuable asset to the center and has, in fact, made money for the center by organizing the senior dances which have been very successful, so half of her wages are already being returned. Mayor Eck advised Mr. Harrison that at the City Council budget meeting of August 17, 1995 the funding for this position was approved. Mr. Harrison commented on several budget items with the mayor responding. Mr. Harrison further commented on the golf course with comments from the City Attorney, John Flitner. Mayor Eck advised Mr. Harrison that he has spoken for longer than the time allotted and asked him to come back during the Town Hall discussion on the budget if he wished to discuss this further. 1. Evelyn Kim, 215 Fauna Avenue, expressed her appreciation to the Council for funding the full time position for Senior Scheduler and stated that an active senior is a more productive and happy senior and Ms. Wilkerson has been a definite asset to the Senior Center. 2. Jerry Lemontt, 655 Enterprise Drive, stated that Ms. Wilkerson is one of us at the Senior Center and a valuable employee to the City as she loves her job and the people there and thanked the City for making this a full time position. 3. Jim Clark, 80 Walnut Circle, stated he has been presented with capital improvement pass through charges at Valley Village where he resides, with the option of paying $147.00 a Rohnert Park City Council Minutes ( 3 ) August 22, 1995 month for five years, or $70.00 a month for 20 years and asked the City Council to delegate a commission to look into this matter. Mayor Eck asked if the Rent Board has looked into this matter. City Manager Netter, indicated that a formal petition has not been received and that there are strict procedures to be followed to have a capital improvements pass through approved. City Attorney, John Flitner, stated that just because the park owners ask for it doesn't mean they are going to get it. Capital improvements to the park are not automatically approved and are open to discussion and review by the park residents. Councilman Flores stated that many of the residents of the mobile home parks are being faced with a deteriorating infrastructure, however, a $147.00 a month charge is a horrendous burden to many of the occupants who are on a limited income. Mr. Clark expressed concern with losing his credit rating which would effect the pension he receives from General Electric. City Attorney, John Flitner, advised Mr. Clark his credit rating would not be effected. 4. Grace Pompa, 1018 Santa Cruz Way, the Founder of the National Women's History Project, was present to celebrate the 75th Anniversary of Woman Suffrage, 1920 -1995. Ms. Pompa passed out information and a newsletter of her organization to members of the Council and the audience. 5. Hugh Codding, 6400 Redwood Drive, read a memo he distributed to members of the Council regarding his opinion on limiting growth in Rohnert Park. and the sentiment if growth is limited the City will die. Mr. Codding stated his office is considering moving out of Rohnert Park if the no growth trend continues and offered the Council a deal on his office building. Mr. Codding stated that the Southwest Center is owned by the Pacific Lumber Pension Fund and they are selling it for $1.2 million which is below market. Mr. Codding stated that there are things going on around town in the business community that would curl your hair and encouraged Council Members to call him at his office to discuss this matter further. Mayor Eck advised Mr. Codding that the City is regulated by sewer and water availability as far as new construction is concerned. Additionally, the City is currently undertaking the task of forming a General Plan Committee in order to complete a 20 year General Plan, a document that will address future growth. Rohnert Park Cite Council Minutes ( 4 ) August 22, 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 -115 OBSERVING THE 75TH ANNIVERSARY OF THE SIGNING OF THE 19TH AMENDMENT GIVING WOMEN THE RIGHT TO VOTE 95 -116 AUTHORIZING MAYOR TO EXECUTE QUIT CLAIM DEED OF EXISTING ACCESS EASEMENT TO WESTERN BUSINESS PARK ASSOCIATES 95 -117 ACCEPTING GRANT DEED FOR ACCESS TO WELL 16 95 -118 CALLING FOR SEALED PROPOSALS FOR EXTERIOR PAINTING OF BURTON AVENUE RECREATION CENTER 95 -119 REJECTING CLAIM OF VICTORIA MCCORMICK & BRIAN MCCORMICK (ON BEHALF OF SON, KYLE MCCORMICK) RE. SKATEBOARD VS. SIDEWALK Mayor Eck presented Ms. Grace Pompa with Resolution No. 9.5 -115. Approximately 20 members of her group, dressed in costume from 1920 and carrying placards, joined Ms. Pompa at the podium and thanked the City for the acknowledgment and the Resolution. Time was allotted to the group for photo and press opportunities. Approving request from Boys & Girls Club for a one (1) year membership to the Sport Center as a prize for its Founder's Day run on Friday, September 17, 1995 Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. ************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COPIER "COST PER COPY" LEASE PROGRAM.- City Attorney Flitner reported on this item, as directed by Council at the previous Council meeting, confirming compliance with bid procedures. City Manager Netter ltohnert Park City Council Minutes (5) August 22, 1995 reviewed updated staff report provided for Council's information. Both responded to Council questions. Vice Mayor Spiro stated she was concerned with the bid process in that this has been the second or third complaint that has occurred and she would like to put a stop to whatever there is in our procedure that leaves us wide open to criticism and asked that staff correct this situation to avoid this happening in the future. City Attorney Flitner, stated this process was especially complex as there were many categories and perhaps in the future certain aspects of the bidding process could be highlighted to be more clearly understood. City Manager Netter, stated the City took extra precautions in this process and are using the same bidding program as the City of Santa Rosa and make every effort to avoid these types of conflicts. Councilwoman Gallagher commented that if you put the bid out there and then you change the requirements in the middle of the bid, as happened in this instance, then you bring about the problems that arose and this is not a fair process. City Manager Netter, stated that requirements were not changed but multiple options were offered which is permissible and allows for flexibility. Resolution No: 95 -120 AWARDING THE CONTRACT FOR A COPIER "COST PER COPY" LEASE PROGRAM FOR CITY FACILITIES Upon motion by Councilman Reilly, seconded by Vice Mayor Spiro, and unanimously approved, reading of Resolution No. 95 -120 was waived and said resolution was adopted. "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING" Mayor Eck acknowledged acceptance of this award from the Government Finance Officers Association for the City's Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 1994. He expressed appreciation to Finance Director Harrow and the entire Finance Department for continued efforts toward receiving this recognition for the City for the 13th consecutive year. Mayor Eck also presented the award to the individual designated as primarily responsible for preparation of the above to George Raymond, Accountant /Auditor. George Raymond, thanked the Council for his award and wished to acknowledge Sandra M. Lipitz, Accountant /Auditor and the team work of members of the Finance Department and stated that this is a prestigious designation which cities are judged by and it is an honor to receive it. Rohnert Park City Council Minutes ( G ) August 22, 1995 PARKS AND RECREATION MATTER: Ford Antique Club request for use of "E" Park for Judging Event - City Manager Netter advised this item was continued from the previous Council meeting. City Manager Netter advised the Council that Jim Pekkain, Director of Parks & Recreation stated there is no conflict of interest on the use of the park on Thursday, June 25, 1997. Mr. Netter reviewed a letter received from the Vintage Ford Heaven In `97 representative, Mr. Eugene H. Riggs, Chairman, wherein he states they could not attend tonight's meeting due to a meeting previously scheduled for the same night in Bend, Oregon. Mr. Netter stated that staff recommends the Council approve this request. Councilman Reilly questioned 250 -300 cars being driven into "E" park on a Thursday afternoon and the addition of the cars of the spectators and other participants in the judging is quite an impact on the park. He felt there were other areas in the City more suited for such a function, such as the parking lot at the Red Lion or one of the large shopping centers. Councilman Reilly recommended the City notify the neighborhoods surrounding the park and ask them for their opinion on this gathering before we approve it. Councilman Flores stated that the Council has been discussing this item for three months and the public has been made aware of this function and he hasn't heard from anyone regarding it. He stated that these are classic cars that are handled with the utmost care and the care given the vehicles would be extended to the surroundings they were to be displayed in. Councilman Flores made the motion to approve the request. The motion died for lack of a second. Vice Mayor Spiro agreed with Councilman Reilly and asked if this item is approved, that the organization be required to put the field back into its original condition and that it not be work done by the city's Public Works and Parks and Recreation staff Councilman Flores agreed that could be an amendment to the motion. Mayor Eck stated we are not talking about a race car event, these are classic cars and in view of that, felt the concerns for the impact on the park are exaggerated. He stated that SSU has events frequently with more than 400 cars present and there has never been a problem. Mayor Eck felt this was a great opportunity for the City to have this event held here. Rohnert Park City Council Minutes ( 7 ) August 22, 1995 Councilman Reilly stated that the local residents would be effected and the use of the park would be limited to them and he recommended they hold the event at the Performing Arts Center. Discussion ensued including suggestions for the event, such as the Public Safety parking lot, Wal -Mart parking lot, etc. Councilwoman Gallagher asked for a vote to approve of this event subject to the neighbors being notified before this item is held. AYES (4) Flores, Gallagher, Reilly and Spiro NOES (1) Mayor Eck ABAG PROJECTIONS STUDY FOR SONOMA COUNTY City Manager Netter, distributed copies of ABAG Projections Study to the Council for their review as well as a memo from the Sonoma County Planning Directors reviewing the report. City Manager Netter reviewed and discussed the project. Mayor Eck agreed to accept the report in behalf of the Council even though they didn't understand it. Mayor Eck opened the Rohnert Park City Council Town Hall meeting to hold a public hearing to discuss the 1995 - 96 Budget at 7:50 p.m. ROHNERT PARK CITY COUNCIL TOWN HALL MEETING for 1995 -96 Budget 1. Staff Report/Mayor Summary City Manager, Netter, reviewed the 1995 - 96 Budget Update and distributed a copy to the Council members. He noted revised updated numbers following the decision at the August 17th budget work session. City Manager Netter also distributed copies of a memo listing Revenue Enhancements. Mayor Eck stated that the golf card increase was taken out of the budget. The Real Estate Transfer Tax will be re- visited in six months. The Fire Service Assessment Tax would have to be a ballot measure. The additional public safety officers would have to be considered only if the funding is provided through a Fire Service Rohnert Park City Council Minutes ( F ) August 22, 1995 Assessment District Tax. This item will be discussed further through public hearings for ballot considerations. Mayor Eck stated there will be a review in six months which will involve all Department Heads to look at a reduction plan for staff and to review this years budget for possible reduction and to reduce the 10% across the board for all departments for 1996 -97. Councilman Flores stated the City is going into reserves in the amount of $1.5 million which will leave the general fund reserve at a dangerously low level and in two years our reserves will be depleted. Councilman Flores stated there will have to be a significant reduction of personnel and this is a reality the City is going to have to face. *CORRECTIONS rROM 9/12/95 City Council meeting per Councilwoman Gallagher (signified below by underlined additions/lined out deletions) Councilwoman Gallagher stated she is opposed to the additional $5,000.00 being allocated to the Chamber of Commerce. She stated that the City has helped them out long enough and they should be on their own. She stated they *should represent all small businesses fairly and they can't do that when they are forever on the city's check book. The (amity has already given them $5,000 to print fancy, brochures and stated she is strongly opposed to breaking the current contract we have the UY has with the Chamber. Vice -Mayor Spiro stated she is in support of the updated General Plan being done in house at a savings of $200,000. She stated that the only reason this is not being done in house is due to politics and there is no reason why city staff cannot complete this document. Vice -Mayor Spiro agreed with Councilwoman Gallagher that the Chamber of Commerce was established for all businesses within the city and they cannot do much for them when they are getting money from the City. Mayor Eck stated this is not the time for a debate, we are here to open the public hearing for the budget. PUBLIC HEARING (cont'd from 8/8/95 City Council meeting) Mayor Eck continued the public hearing at approximately 8:00 p.m. Public comments were submitted on speaker cards or other written and/or verbal communications expressing concerns related to this item as follows: Kathleen M. Collins, 828 Lilac Way, stated she had no problem with paying extra taxes and felt that Proposition 13 was a disaster for the State and has had a negative impact every year since it was passed and she is not opposed to paying her fair share for city services. Ms. Collins stated she is against the City running its own utility company and felt the start up costs would be incredible and asked how would the City maintain the service which would require extra employees who would have to have the expertise that PG &E has? Rohnert Park Citv Council Minutes (9 ? August 22, 1995 Charles Kitchen, 4945 Fern Place, agreed with Mr. Hugh Codding's observations and cited the bankruptcy of Orange County by using up all their reserve accounts. He stated he was opposed to a Utility User Tax. Joe Topper, 5787 Trailwood Drive, Santa Rosa, General Manager of the Red Lion Inn, stated that instead of raising taxes and dipping into the reserve funds, the City needs to encourage continued growth and agreed with Mr. Codding's view of a City that doesn't grow, dies. He stated that by continuing to tightening the noose and cutting costs, the City will choke itself, therefore, we need growth to continue to prosper. John Hudson, 399 Bonnie Avenue, Rohnert Park, distributed copies of a City of Rohnert Park, Condensed Balance Sheet for June 30, 1993 to June 30, 1994. He stated there was no auditor's opinion on the Balance Sheet and asked if it was ever audited. Mr. Hudson addressed an item on the form that referred to Loan to Community Development Agency of $4, 432,000; Loan from General Fund to Community Development Agency $4,432,000 and Development Agency $4,432,000 under Liabilities. Mr. Hudson questioned the details of this transaction. Mayor Eck stated that the money was used to build the Performing Arts Center and he did not have a break down of all the expenses available to him at the moment. Mr. Hudson suggested that the City sell that monolith and return to the taxpayers the $4.5 million the City chose to squander on it. Mr. Hudson asked for an explanation of the Community Development Agency's role in this debacle of our honored helmsman Finance Director. Mayor Eck asked Mr. Hudson to list his questions, so they could be responded to all at once. Mr. Hudson asked why the $4+ million was being listed as an asset, a liability and a capital account? He also had a question on the yes on "K" that taxpayers approved which stated that taxes would not be raised to support low income housing. He stated he disagreed with those opposed to the proposal to run our own utility and stated there are many cities doing it and if they were having problems with it, PG &E would be sure to keep everyone informed that it did not work and so far, he has not heard anyone complain. He stated he was outraged that the City would suggest an increase in taxes when they flushed $4.5 million down the tubes and stated the City would not be in the mess it is in today if it were not for the tax increment revenues for the Housing Agency and the Performing Arts Center. John Lund, 176 Adele Avenue, Rohnert Park, stated he was in complete agreement with what was just said and he also supported Linda Spiro's suggestion that the General Plan be Rohnert Park Citv Council Minutes ( 10) August 22, 1995 done in house in order to save the City $200,000. He stated he also agreed with Councilwoman Gallagher that we need to save our environment and to deny additional funding to the Chamber of Commerce. He stated that the Chamber should be independent from the City and for years and years they have been feeding at the public trough. He recommended that the Performing Arts Center be privatized and the only growth the City should be looking at is to expand the retail and wholesale businesses. He recommended that the City look at an auto mall and outlet mall similar to the ones in Petaluma which are major sales tax revenue sources. Mr. Lund continued that the City government of Rohnert Park operates for the benefit of the residents . He stated that in the corporate world there is a lot of downsizing going on and these are times to be "lean n' mean" and if that means getting rid of people then that is what should be done. Mr. Lund stated that if the City can get a City Manager to do the job for less, then so be it and there are far too many people employed by the City getting fat paychecks and we need to get rid of them and get someone else to do the same job for less money. Marie Vinsick, 38 Estrella Drive, Rohnert Park stated she wished to speak regarding the utility district and said that the City of Healdsburg has established their own utility and it has been successful. She stated that the mobile home parks in 1993 collected $3,000 from excess charges and it just went in their pockets and expressed hope that the City wouldn't do the same thing and that the fees collected will be used for the benefit of the people instead of going into the city coffers. She stated her utility bills run $100.00 a month for her trailer and was in favor of the City going ahead with the feasibility study. Jack Mackenzie, 1536 Gladstone Way, stated he wished to comment on Mr. Codding and Mr. Topper's comments on that much over used line that if a city doesn't grow, it dies and asked what kind of growth are we talking about, an ever increasing amount of discount stores? With Windsor getting their own Wal -Mart and Santa Rosa getting Home Depot, even with the wildest speculation it becomes apparent that we are all chasing the same amount of zoning for dollars and there are only so many dollars going around. In order to avoid this kind of a situation, revenue sharing is an option to be considered. He stated that Mr. Rogers is looking for growth of residential units and Mr. Mackenzie estimates that a 20% population increase would derive $400,000 in increased property taxes of which the City's share would be $27,000 in revenue which would create a deficit due to the additional city services the added population would require. The City cannot count on Federal funding for city programs as we all know the deficit is upon us. Our sales tax revenue amounts to only 28 %, therefore, the City has no option but to raise taxes. He stated he has lived in Sacramento and Alameda, both have their own utilities and it has been a successful program and could increase the City's revenues by $1 to $2 million. Mr. Mackenzie stated in looking forward to the 20 year General Plan the City has to look at living within its budget and what are the best possible economic consequences for the City. Rohnert Park City Council Minutes ( 11 ) August 22, 1995 Debra L. Hales, 825 Liana Court, stated if an announcement was made to the residents of Rohnert Park that the City Council was considering raising property taxes, more people would attend these meetings and suggested that the City Council continue this meeting in order to make that announcement. She stated she is also tired of hearing that old adage about grow or die and the City has built out drastically since 1990 and we are still hearing the same old story that the city is strapped for money so apparently unbridled growth is not the answer. She stated she works for Community Hospital which is looking at closing down due to lack of funding and everyone is tightening their belts and the City should do the same and not be so inclined to just dip into the reserves. Barbara Mackenzie, 1536 Gladstone Way, stated she wished to speak regarding the City employee's benefit package and read from a job announcement for a Personnel Assistant position. She stated she did not have a problem with the salary $44,500 to $54,000 wage bracket because this position requires a 4 year degree and is a key position, however, she felt that the fringe benefits were excessive . Ms. Mackenzie stated that employees should pay for their dependent coverage or at least $100.00 a month toward it. She stated she is happy to pay additional taxes to support the City but feels that such excesses in employee fringe benefits should be curtailed. Gary Heitz, PG &E Representative, 111 Stony Circle Drive, Santa Rosa, stated he felt that the $36,000 the City is considering to spend on a feasibility study to purchase their own electric distribution system, is money the city could well spend somewhere else. Mr. Heitz stated, however, the $36,000 would be a minimal amount compared to what the City will have to spend which is approximately $4 to $5 million to implement such a program, build your own sub - station and additional litigation fees and ultimately, that figure could be six times higher. He stated that this is a very competitive business and by the time you are ready to get into it which could take 5 to 10 years, the equipment will have changed and you will have an out of date system. Helen Dell, 446 Graywhaler Lane, stated she has spent a lot of money on repairs to her house because it was not built well or inspected properly and it was not safe. She stated that the Council should look at these City workers who get paid so well and don't do their jobs. There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 8:45 p.m. Items presented for review and discussion on this agenda included the following: 1. Revenue Enhancements 1) Real Property Transfer Tax - 2) Residential Golf Card Rate Increase - 3) Fire Services Assessment Tax (to support Fire Service 5 -Year Plan) - 4) Library Assessment Tax (for Library Expansion) - Rohnert Park City Council Minutes ( 12 ) August 22, 1995 5) Utility User Tax - 2. Proposed 1995 -96 Budget 3. Small Business Contractor Fee 4. Utility Distribution System Purchase Resolution No: 95 -121 APPROVING AND ADOPTING 1995 -96 BUDGET Mayor Eck asked staff to look into the questions raised regarding the funding of the Performing Arts Center and report to him. City Manager Netter stated he will do that, however, there is an explanation on page 6M paragraph 2.72 of the Budget. He stated the loans were transferred from the City fund to the Community Development Agency to build the Performing Arts Center. Annually the interest has been paid, however, due to economic down turn some of the principal payments have been deferred over the years. Additionally, the State dipped into the City reserves for $538,000 three years ago and that also impacted our ability to make principal payments on the loan. When the money is paid back it will be set aside as capital for future programs as designated by City Council. Mayor Eck stated that this item comes up every year and the Performing Arts Center is an asset to the community and at the time that was the best way to fund its construction. The redevelopment law provides that to receive tax increments, the agency must be in debt. Therefore, the loans created debt allowing for tax increments to fund the repayments. Councilwoman Gallagher asked that since the City loaned so much money, how much money was donated by Condiotti? City Manager Netter stated he could provide the Council with an itemized explanation of the funding for the Performing Arts Center, but the main portion from Condiotti was from annexation fees, not a donation. Mayor Eck stated there is still another phase to be built on to this complex and that is the swim center. Discussion continued. Councilman Reilly addressed the "grow or die" mentality and stated the vision of Santa Clara County /San Jose does not excite him. He stated that if this is true, then Sebastopol, Petaluma or even the Sonoma Mountains are not safe from Rohnert Park City Council Minutes ( 13 ) August 22, 1995 Rohnert Park annexing into them. The City needs to come up with a formula that promotes the right type of growth. When a City has no where else to grow to it needs to support itself with what it has. He asked what are we missing here? Councilman Reilly disagreed with the suggestion for the General Plan to be done in house. He stated that staff already has enough to do and those working on the General Plan need to have the ability to focus on the Plan without any influence and they need to be individuals unrelated to City Hall to make it work. Councilman Reilly commented regarding the 1995 -96 Budget and stated the Council will have to come back in six months to review the serious cuts that will have to be made in order to cut expenses. Councilman Reilly stated in regards to the utility purchase, he has a lot of questions, mainly, how much will it cost, does it benefit the residents and will it work? Councilman Reilly stated that in regards to the Assessment tax, this item needs to be a ballot issue and let the people decide. He stated that if the citizens of Rohnert Park see the fat cuts being made in City government, they may be more willing to pay the extra $10.00 in taxes. He stated he would be agreeable to pay extra taxes for a Library, purchase open space or for more parks. Councilman Flores stated the City has to look at the issue of replacing the funding it will no longer be receiving from the State. The residents of Rohnert Park have become very comfortable with the present level of City services and the question is can we continue to fund these services. He stated that we may go through the final reduction and cuts and find their isn't all the fat we were expecting to find and still come up short. He stated he did not want to see the quality of life we have in Rohnert Park deteriorate . Vice Mayor Spiro feels that the risk does not out weigh the benefit of purchasing our own electric distribution system. She stated that we are running a City and not a utility service. Vice Mayor Spiro stated she wished we could fund a new Library, however, the reality is that the Library system is in trouble everywhere and we should ask the citizens if they want increased taxes to support it and it should be on the ballot. She stated in regards to growth, new companies want to locate in a financially, healthy City and it doesn't mean we have to turn into a Santa Clara. She stated K- Mart went out of business due to the no- growth attitude in Rohnert Park and other stores might consider leaving also. Rohnert Paris City Council Minutes ( 14 ) August 22, 1995 Vice Mayor Spiro stated the City has run lean for many years and if you look at the amount of City employees that Petaluma has compared to Rohnert Park, you will see how lean it is. Councilwoman Gallagher stated the City can no longer stay addicted to their annexation drug. She stated the truth is that the City has too many Chiefs receiving very fat salaries and they have been dictating growth. We need to secure a General Plan which will do away with favoritism and that is one of the best things this Council can do for the City. Mayor Eck stated in funding the Chamber of Commerce, we have given back less than 10% of the $417,000 we have received from Business License fees collected. As for the General Plan being done in house, he was not in support of it as our employees are not free, furthermore, the $200,000 is not a set fee it is an estimate by the Facilitator, Donna Oldford. He stated he was in support of the Fire Services Assessment Tax and he opposed the utility users tax and suggested both these items be ballot issues in March. Mayor Eck stated that all City staff is on notice and we are taking a look at both short and long term contracts with City employee associations and that cuts will have to be considered. The budget will be revisited in six months. City Manager Netter asked the Council to at least adopt a base line budget. Councilman Flores stated there are still commitments based on the employee discussions that need to be resolved. City Manager Netter, stated the salary increases will not be a part of the base line budget. Vice Mayor Spiro stated she would not support the General Plan budget. Councilwoman Gallagher said she would not vote on it because it includes the $5,000 for the Chamber of Commerce. Mayor Eck stated he will vote for the budget even though there are several items he doesn't like which can be changed by amendments to the budget. Councilman Reilly questioned voting for a budget when all the parts are not there. Councilman Flores stated that the general aspects of it are there and it needs to be approved and we can work on it from there. Councilman Flores made the motion to approve the base line budget. Rohnert Park City Council Minutes ( 15 ) August 22, 1995 Discussion ensued regarding previously discussed items of disagreement. Councilwoman Gallagher made the amendment to exclude the $5,000 for the Chamber of Commerce. Mayor Eck made the motion to amend the motion and asked for a roll call vote. AYES (1) Gallagher NOES (4) Flores, Reilly, Spiro and Mayor Eck Discussion concluded upon motion by Councilman Reilly, seconded by Vice Mayor Linda Spiro, and unanimously approved to approve the base line budget as discussed with modifications and and to re -visit the budget in six months during the January 2, 1996 Council meeting for review of actual figures, reading of Resolution No. 95 -121 was waived and said resolution was adopted. Adjournment of Town Hall Meeting Mayor Eck adjourned the Town Hall Meeting at approximately 9:20 p.m. RECESS Mayor Eck declared a recess at approximately 9:20 p.m. RECONVENE Mayor Eck reconvened the regular Council meeting at approximately 9:27 p.m. with all Councilmembers present. City Manager Netter, stated that the Small Business Contractor Fee was not discussed, but that it is included in the above motion. The City Council concurred. PURCHASE OF ELECTRIC DISTRIBUTION SYSTEM: City Manager Netter recommended that a decision on this matter be postponed until he has had the opportunity to review the Resolution and contract and do additional research before considering the feasibility study and analysis and felt he would be better prepared in about three weeks to review this item. Councilman Flores asked that the Council Members be provided with a copy of the questions as they are reviewed. DEPARTMENT OF PUBLIC SAFETY MATTER: Tow Fee proposal City Manager Netter, reviewed the proposal to establish a tow fee for the reimbursement of administrative costs involved in the removal, impound and storage of vehicles by the Department of Public Safety. Rohnert Park City Council Minutes ( 16 ) August 22, 1995 Vice -Mayor Spiro questioned the exclusion of charges for abatement procedure and the discrepancy in charging one person and not another and how are the exceptions made and asked if we could just take out the word "not. ". City Manager Netter replied the City's policy would be consistent with all others in Sonoma County on this policy which follows certain motor vehicle codes and he would have to look into this further to answer the questions. Mayor Eck continued this item until the next regularly scheduled meeting of September 12, 1995 in order to review the questions on abatement procedure and how towing procedures will be regulated. EMPLOYEE NEGOTIATIONS (REPRESENTED AND NON - REPRESENTED) City Manager Netter reported that negotiations with the various bargaining groups are close to reaching an agreement and we are hoping for a final resolution by August 31, 1995 when the current contract expires. He stated that SEIU Local 707 and RPPOA would be 12 days without a contract as the next Council meeting is not scheduled until September 12, 1995. Mayor Eck continued to hold these Resolutions over until the next Council meeting, September 12, 1995. GENERAL PLAN MATTERS: 1. Ad Hoc Committee (for selection of Consultant) (Flores /Gallagher) Councilwoman Gallagher wished to add to the scheduling list an independent survey and stated that December 26, 1995 is an unrealistic date for the Council to meet to determine further procedures. Councilman Flores advised Councilwoman Gallagher that all the Committee meetings are open to the public which should serve the same purpose as an independent survey. Councilwoman Gallagher reviewed the scheduling and is anxious for the committee to get to work right away and to take a special look at the benefits of growth vs. slow growth. Councilwoman Gallagher made the motion to approve the guidelines in concept only, seconded by Councilman Flores and unanimously approved. 2. General Plan Advisory Committee Appointments *CORRECTIONS FROM 9/ln5 City Council meeting per Councilwoman Gallagher (signified below for this item by deletions lined out/corrections underlined) *nominated Councilwoman Gallagher/ elected Rebecca Rishe, Annie G. Alexander and Paul D. Stutrud. Rohnert Park City Council Minutes ( 17) August 22, 1995 *nominated Councilman Reilly / eleeted Kitty Collins, Barbara Mackenzie and Heidi Weil. *nominated Mayor Eck/ eleeted Susan Haydon, Rick Luttmann and David Mochel. Vice Mayor Spiro stated she would support the nominees, however, she expressed the hope the members would not be the same as those who have served on previous committees and felt the committee was heavily loaded on one side. Mayor Eck stated he resented that comment and advised Councilwoman Spiro that she had the opportunity to *appeint nominate who she wanted. Councilwoman Gallagher questioned the advisability of having employees of the City on the committee. Councilwoman Spiro stated they are also citizens of this City. Councilman Flores made the motion to approve *above nominees *as appointments to the General Plan Committee, seconded by Councilwoman Gallagher and unanimously approved. *CORRECTIONS FROM 9/12195 City Council meeting per Councilwoman Gallagher (signified for above item by deletions lined out/corrections underlined) 3. Other matters pertaining to General Plan Update Councilman Reilly asked that staff send out letters of acknowledgment to all those that were not chosen expressing the City's appreciation for their interest. American Golf Corporation letter proposal - City Manager Netter referenced this letter dated August 1, 1995, as reviewed in the Council Meeting Memo, regarding proposed snack bar expansion and consideration of resident rate greens fee increases. City Manager Netter informed the Council that in a subsequent telephone call from Mr. Dan Ross, Regional Manager of American Golf, advised that they desired to reconsider their request as a new manager has been assigned to this area. They want to work on an alternative proposal, therefore, asked Council to disregard the letter. Council concurred. Charles Kitchen, 4945 Fern Place, asked the Council if the City renegotiates the contract, what effect would this have on the rest of the county, what additional restrictions will there be and if the City approves an increase in fees, what is American Golf Corporation giving back to the City. Mr. Kitchen asked these concerns be addressed before an increase in fees be considered. Mayor Eck advised any change in resident fees would be continued in order to further review the proposals made and how it would effect the contract. Rohnert Park City Council Minutes ( 18 ) August 22, 1995 INSPECTION SERVICES CONTRACT - .Staff update - City Manager Netter, advised the Council that a final contract with Mr. Breeden has not been accomplished due to legal aspects of the contract that were in disagreement and basically, Mr. Breeden is too busy at this time. We have contacted Morton Phillips and have sent a letter of proposal. This firm provides a similar service as does Mr. Breeden, however, they are independent contractors and have their own Workmen's Compensation and other costs are covered by them. We estimate $300.00 per house or about $8,400 to inspect all the homes on our list. Mayor Eck asked the Council if they were prepared to approve the contract. Councilwoman Gallagher asked that this item be agendized to review at the next meeting. COUNCIL COMMITTEE REPORTS: *referenced a meeting with was stated Vice -Mayor Spiro/ read ° letter ffem. United Way wherein it/ states that Sonoma County will be a model for the Bay area. * CORRECTION FROM 9/17195 City Council meeting per Vice Mayor Linda Spiro (signified above by deletions lined out/corrections underlined) Councilman Flores advised Council members of a follow up meeting Thursday August 29, 1995 on the Sportshaus proposal that should be ready for Council to review at the next meeting. 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 Working Group Meeting, Thursday, August 24, 1995, 7:00 p.m., Mayor's Conference Room, City of Santa Rosa Mayor Eck stated he attended the Work Group. Vice -Mayor Spiro stated she did not feel the group had accountability to anyone and they do not reflect the views of the majority of citizens. Councilwoman Gallagher stated every City representative that was present had a different view and suggested Vice -Mayor Spiro go to one of the meetings. Jack Mackenzie, 1536 Gladstone, asked to speak in protest of Vice -Mayor Spiro's comments and stated that to criticize this work group is extremely unfair and he resented the remark that the group did not represent the majority. Rohnert Park City Council Minutes ( 19 ) August 22, 1995 Mayor Eck stated this issue has been discussed at the Executive Committee and there may be some questions of accountability, however, he advised Vice Mayor Spiro, if she did not agree with what the group represented, she could say not to fund it. Mayor Eck stated he would not attend a meeting that was not dealing with issues that were vital and productive for the community overall. Councilwoman Spiro stated she wants her comments on the urban growth boundary issue to report it as a "done deal" and the members of the *Gene Eew. ee Mayors and Councilmembers Association are interpreting it that way. *CORRECTION FROM 9/12195 City Council meeting per Vice Mayor Linda Spiro (signified above by deletions lined out/corrections underlined) 2. North Bay Division League of California Cities, Thursday, September 7, 1995, 6:30 p.m., Adobe Creek, Petaluma City Manager Netter, advised the Council to contact Lorraine Roberts if they wished to attend this meeting. 3. Crime Prevention Volunteers of the Year recognized by California Crime Prevention Officers Assn. Lisa Fry & Julie Wood/Authorize travel expenditure City Manager Netter, stated that the costs for an overnight stay is slightly higher in costs and recommended the overnight stay option. Councilwoman Gallagher made the motion to fund and approve an overnight stay, seconded by Councilman Reilly and unanimously approved. 4. Councilman Flores stated that a petition is being circulated for a crosswalk at Maximillan Way. Mayor Eck advised the Council will review the petition when it is received. 5. Mayor Eck commented on the bulls eyes at the newly installed signals and other intersections in the City. Councilman Reilly stated there are several intersections where they are in the left turn lane and asked about the safety of the location and that some of the signals do not seem to be synchronized. City Engineer, Ron Brust, responded that at this point we have not had much experience with the bicycle dots and we are observing how well they are working and eventually we may be taking some of them out and/or putting more in. EXTEND COUNCIL MEETING: Upon motion by Councilwoman Gallagher, seconded by Councilman Flores, to extend the Council meeting beyond the 10:00 p.m. adjournment time in order to complete necessary agenda items, was unanimously Rohnert Park City Council Minutes ( 20 ) August 22, 1995 approved. Councilwoman Gallagher asked that the extension not be for more than 10 minutes. 6. Councilman Reilly stated the Sportshaus proposal on City land will generate $50,000 a year and he has inquired if there is a possibility of the City donating to Reverend Thorpe (Mr. T's Academy) land for his school that will surely benefit the community. 7. Vice -Mayor Spiro stated that the 5th Annual Hands Across the Country are looking for volunteers in 3 areas for October 14, 1995 from 9 a.m. to noon. 8. Vice Mayor Spiro asked where the gymnastics class will be going now that the weight room has been expanded. City Manager, Netter, stated that an expansion of the weight room is included in the `95 -'96 budget and the gymnastics class will be moved to another space. This has been discussed with the gymnastics instructor. 11. Vice -Mayor Spiro stated she received a call regarding a City position being advertised and asked why we don't promote from within. We should develop a training program to assist employee development so they would qualify for advancement and full time positions. CITY MANAGER'S REPORT.• 1. Rancho Feliz Mobile Home Park Purchase - Update 2. City Managers Executive Institute, November 15 -19, 1995, Big Sur City Manager, Netter, stated he will be attending this meeting in lieu of another regularly attended meeting. Upon motion by Councilman Flores, seconded by Vice -Mayor Spiro and unanimously approved for City Manager Netter to attend this Executive Institute Training meeting. 3. Animal Shelter, Days of operation The City Council approved the facility being closed on Mondays. 4. Shopping Cart, AB 182 - Vetoed Mayor Eck stated that the City should look into the local vendor who offered the services for a $5.00 charge. Rohnert Park City Council Minutes ( 21 ) August 22, 1995 5. City Manager Netter reported that Hewlett Packard is holding a study session to review community relations and invites the City Council to consider attending one of the sessions. Mayor Eck and the council agreed they would be interested in attending. City Manager Netter indicated he will discuss this further with Hewlett- Packard and solicit potential dates for a Communication meeting and report back to Council. CITY ATTORNEY'S REPORT.• 1. Any items from closed session City Attorney, John Flitner, reported that the Hallock vs. City of Rohnert Park and the Beary vs. City of Rohnert Park lawsuits have been dismissed. 2. Hospital Site proposal City Attorney, John Flitner, said the City needs to look at how they can fund the site and development and also a time frame and recommended the Sub - Committee meet to discuss the options further. 3. Private property /public easement responsibility for water line repairs City Attorney, stated these are public utility easements and if they are taking space on public property, it is the City's obligation to maintain them and the fact that the city did repair one or two of them, does not mean it is conclusive thereafter that the City is responsible. He referred to his written opinion, copies which have been given to Council. Councilman Flores stated it was never the intent of the City to maintain those easements. City Attorney, John Flitner, recommended that the City adopt a Resolution defining the City's policy. Vice -Mayor Spiro stated that if we have an easement where we put in pipes, how can we then hold the property owner responsible to replace those pipes. City Attorney, John Flitner, stated a city easement means we reserve the right for access for the city to maintain the property. The easement in question is not a normal city easement. City Engineer, Ron Brust, stated if there is an easement, and the pipes serve the rest of the City, then the City should be responsible for the maintenance, however, if it is the private property owner only being served by the easement, then it should be the responsibility of the property owner to maintain it. Rohnert Park City Council Minutes ( 22 ) August 22, 1995 4. Other, if any Councilwoman Gallagher asked if it isn't the City's responsibility for allowing those easements in the first place. City Engineer, Ron Brust, stated that the easements were granted in those cases where affordability was an issue and only one is leaking and we have been in communication with the owners many times over this issue. Councilman Flores stated we should bill the property owners. Councilwoman Gallagher disagreed. Discussion continued. Mayor Eck asked for a draft Resolution for the Council to review. Councilman Flores made the motion to bill the property owner, seconded by Vice Mayor Spiro. Mayor Eck argued that the property owner only be billed for absolute direct costs. City Engineer, Ron Brust, stated we don't have the staff to go out and do all these repairs and the actual out of pocket cost in this case is about $ 130.00. Mayor Eck called for a roll call vote. AYES (4) Flores, Reilly, Spiro and Eck NOES (1) Gallagher City Attorney Flitner, was directed to prepare a notice to be distributed to all property owners on Circle Drive located on the quad lots of this ruling. None UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck asked if there were any additional unscheduled public appearances at this time. Marie Vinsick, 38 Estrella Drive, stated that the mobile home park has been declared a drug free zone and this Thursday, August 24, 1995, they will be having a barbecue to celebrate. Ms. Vinsick went on to explain the meaning of a drug free zone. She asked that the next problem that needs to be resolved is the speeding in the park and they are looking at how to best resolve this problem. Rohnert Park City Council Minutes ( 23) August 22, 1995 Linda Branscomb, 6585 Commerce Blvd, #188, stated she wished to respond to Vice Mayor Spiro's comments on the Mayors & Councilmembers Working Group regarding Urban Growth Boundaries and stated it was a very open meeting with many different opinions being expressed and not everyone present was in favor of Urban Growth Boundaries and it was not viewed as a "done deal" as Vice -Mayor Spiro described. ADJOURNMENT: Mayor Eck adjourned the meeting at approximately 10:30 p.m. Deputy City Clerk mm Mayor