Loading...
1996/01/23 City Council MinutesRohnert Park City Council Minutes January 23, 1996 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. CALL TO ORDER: Mayor Flores called the regular session to order at approximately 6:20 p.m. and led the pledge of allegiance. ROLL CALL Present: (4) Councilmembers Eck, Gallagher, Spiro and Mayor Flores Late: (1) Councilmember Reilly (arrived late as signified in these minutes due to business out of town and commute traffic) Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, Planning Director Skanchy and Finance Director Harrow. APPROVAL OFMINUTES: Councilwoman Spiro signified corrections on pages 14 and 15 of January 9 minutes under matters from Council as follows: item 96 under liability factors regarding HMO's, change the reference to traffic citations to "referenced recent TV station news programs; and item 912 regarding the Community School change the reference to hindering operations at the school to "hindering student concentration ". Upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, with above - reviewed corrections by Councilwoman Spiro, minutes of January 9, 1996 were unanimously approved as amended. APPROVAL OF BILLS: Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, except for Councilwoman Gallagher signifying her automatic no vote on the $10,000 payment to the Wineries Association, City bills presented per the attached list in the amount of $995,416.61 were otherwise unanimously approved. NON- AGENDAED MATTERS: Mayor Flores asked if Councilmembers or staff had any non- agendaed items to add to the agenda. Councilmembers Eck, Gallagher and Spiro each signified one miscellaneous item to add, if time permitted. SCHEDULED PUBLIC APPEARANCE: Cecelia Belle, Executive Director of Sonoma County Associates for Youth Development (SCAYD) commented on background efforts of the Community Partnership Steering Committee toward development of a multi- purpose Community Partnership Facility at Mountain Shadows Middle School. She extended an invitation to the Council to attend the Ground Breaking Ceremony at 4:00 p.m. on Wednesday, February 14, 1996. Rohnert Park Cite Council Minutes ( 2 ) January 23, 1996 COMMUNITY PARTNERSHIP PROGRAM - Council Liaison Assignment - Mayor Flores advised this item, which was scheduled later on the agenda, would be moved forward and handled at this time. Cecelia Belle referenced her letter dated December 5, 1995 representing request from SCAYD for Councilwoman Spiro to continue role as Liaison on COYF and the new Community Partnership Program. Council concurred. CLOSED SESSION REPORT. ° Mayor Flores advised that a closed session commenced this evening at o:w to discuss litigation matters, personnel matters and real estate negotiations as listed on the agenda attachment. He reported on the following items: Litigation matters: (1) Hallock vs. City of Rohnert Park - This case is pending in court of appeals; (2) Golis vs. City of Rohnert Park - Council requested City Attorney Flitner to submit a letter to Mr. Golis and his attorney and will await his response; (3) Rancho Feliz (Clayton, Sherwood, Williams) Post Purchase Issues - This item has some issues that need to be resolved related to funds which the City will continue to work with by letters. Real Estate Negotiations: 6089 Snyder Lane, A.P.No. 143- 330 -016 (lot adjacent to Performing Arts Center) - Review continues on this item and Council will be considering additional information with reference to this property. No action was taken and there was nothing further to report at this time. CONSENT CALENDAR Mayor Flores asked if CouncHmembers had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. In the absence of Councilman Reilly, Mayor Flores advised Councilman Reilly previously requested removal of Resolution No. 96 -08 from the Consent Calendar for discussion. City Manager Netter advised the necessity of removing Resolution No. 96 -12 from the Consent Calendar as the claim filed was incomplete and has been returned to the claimant with explanation. Acknowledging the City Manager /Clerk's report on the posting of the agenda. RESOLUTION NOS: 96 -09 AWARD OF CONTRACT, ROHNERT PARK EXPRESSWAY TRAFFIC SIGNAL INTERCONNECT, PROJECT NO. 1991 -4 96 -10 CALLING FOR SEALED PROPOSALS FOR A BACKHOE FOR THE CITY OF ROHNERT PARK'S WATER OPERATION 96 -11 REJECTING CLAIM OF EARL EDWARD COMPTON (RE. ALLEGED INJURY AT M PARK) Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, with the exception of Resolution Nos. 96 -08 and 96 -12, and with Councilman Reilly absent, the Consent Calendar as outlined on the meeting's agenda, was otherwise unanimously approved. Rohnert Park Cite Council Minutes ( 3 ) January 23 1996 OTHER ORDINANCE FOR CONSIDERATION. Electronic Communication Towers re. issuance of zoning or use permits for use or installation and imposing a moratorium pending development of Countywide regulations City Manager Netter explained this item, as reviewed in the Council Meeting Memo, recommending an emergency ordinance pending review of the County's ordinance. Mr. Netter also referenced letter dated January 18, 1996 from Luke Stamos, Planner with Ruth and Going, Inc. retained by Pacific Bell Mobile Services to obtain land use approval for antenna sites on existing Pacific Bell facilities. The letter requested exemption from this ordinance, if Council considers adoption, for reasons as signified. City Manager Netter and City Attorney Flitner responded to Council questions related to the proposed emergency ordinance. Luke Stamos, 1630 Zanker Rd., San Jose, Ca. 95112, reviewed contents of above - referenced letter requesting Pacific Bell Mobile Services be allowed to proceed with their application for architectural review for the property located at 5210 Commerce Boulevard. Ordinance for introduction: No.613 IMPOSING A MORATORIUM ON THE ISSUANCE OF ZONING PERMITS OR USE PERMITS AND /OR THE USE OR INSTALLATION OF TOWERS TO SUPPORT CELLULAR, RADIO, TELEVISION OR OTHER ELECTRONIC COMMUNICATION OR TRANSMISSION DEVICES Discussion concluded upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, and unanimously approved with absence of Councilman Reilly, to remove the emergency measure language from the ordinance and schedule a public hearing during the Council meeting of February 13, 1996 prior to consid- eration of the ordinance for adoption, Ordinance No. 613 was introduced by title. MOBILE HOME PARK MATTERS: 1. Consideration of Ord.No. 612 - Amending Chapter 9.70 (Mobile Home Ordinance) - Review of Committee report and revisions (Eck/Reilly) - Vice Mayor Eck referenced the sub - committee report on this item reviewed at the previous Council meeting. He advised Ordinance No. 612 was introduced at the Council meeting of January 9, 1996 with inclusion of the second alternative option regarding a vacancy control formula. The continued public hearing was duly noticed and scheduled for tonight's Council meeting, to include the second vacancy control formula option. PUBLIC HEARING: Mayor Flores continued the public hearing from the previous Council meeting of January 9, 1996 at approximately 6:52 p.m. Rohnert Park City Council Minutes ( -t ) January 23, 1996 Public comments were submitted on speaker cards or other written and/or verbal communications expressing support or opposition to the mobile home ordinance amendments as follows: 1. Helen Marie Vinsick 38 Estrella Dr., Rancho Feliz Mobile Home Park - SUPPORT - ordinance amendments as recommended by the Rent Appeals Board, but OPPOSE - alternative formula option recommended by bond consultants /underwriters for Rancho Feliz Mobile Home Park purchase 2, Lorna Blanc, 43 Verde Circle, Rancho Verde Mobile Home Park Representing Five Parks Committee- SUPPORT - zero vacancy control provision (distributed/read letter of 1/23/96) - OPPOSE - alternative formula option 3. Martha Grindahl, 204 Circulo Nuevo, Rancho Grande Mobile Home Park - SUPPORT - zero vacancy control option There being no one further desiring to speak, Mayor Flores closed the 'public hearing at approximately 7:16 p.m. City Manager Netter explained staffs current recommendation, as reviewed in the Council Meeting Memo, to adopt all provisions of the ordinance as outlined with the exception of the vacancy control provision and the CPI changes. No. 612 AMENDING CHAPTER 9.70 OF THE ROHNERT PARK MUNICIPAL CODE (MOBILE HOME ORDINANCE) TO APPEND FINDINGS AND PURPOSE, DEFINITIONS, AND VARIOUS OTHER SECTIONS Discussion concluded upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, and unanimously approved with Councilman Reilly absent, stipulating option 1 for zero vacancy control and removal of the formula option 2, reading of Ordinance No. 612 was waived, and said ordinance was adopted. 2. Jonnie Perrot letter request re. Proposed Amendment, Mobilehome Ordinance for Emergency Measure in Event of Natural Disaster - City Manager Netter explained this item provided to Council as reviewed in the Council Meeting Memo. Jonnie Perrot referenced the Los Angeles newspaper article attached to her letter entitled "LA Passes Ordinance for MH quake rent relief' which was passed as an emergency measure in March of 1994 as a result of the January 1994 earthquake. She questioned waiting for such an emergency to happen in this community and recom- mended the proposed ordinance amendment. Discussion concluded in Council concurrence that other dwellings such as apartments and condos should be included in consideration and referred the matter to City Attorney and other City staff for further review and recommendations. Councilman Reilly arrives Councilman Reilly arrived at this Council meeting at approximately 7:28 p.m. Rohnert Park City Council Minutes ( 5 ) January 23 1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM & HOME INVESTMENT PARTNERSHIP - Programs and Projects proposed for Rohnert Park Assistant City Manager Leivo explained the staff report with attached applications for this item, as reviewed in the Council Meeting Memo, and responded to Council questions. Grant proposals and priority ranking must be submitted to the Technical Advisory Committee (TAC) for this annual process by February 2, 1996. TAC will make recommendations for approval to the County Board of Supervisors following a public hearing and review of all proposals from each of the individual cities and the county. The Supervisors approve a final list of projects for submittal to the federal Department of Housing and Urban Development (HUD) for determination of meeting federal guidelines and funding eligibility. Mr. Leivo advised a public hearing was duly noticed and scheduled at this time for the programs and projects proposed for Rohnert Park. PUBLIC HEARING: Mayor Flores opened the public hearing at approximately 7:36 p.m. Public comments were submitted on speaker cards or other written and/or verbal communications expressing support of the program applications as follows: 1. Bob Butler, 435 Southwest Blvd., for the Intervention Project for Lower Income Youth project representing the Boys and Girls Club. 2. Michelle Patterson, 8043 Mitchell Dr., #53, for the Boys and Girls Club. 3. Linda Branscomb, 6585 Commerce Blvd., #188, for the Holiday Inn Project repre- senting affordable housing efforts of the Burbank Housing Development Corp. 4. Lucille Clark, 80 Walnut Cr., for the Valley Village Mobilehome Park Street Repairs. 5. Vera Greer, Valley Village, for the Valley Village Mobilehome Park Street Repairs. 6. Nick Stewart of Burbank Housing Development Corp., 3432A Mendocino Ave., Santa Rosa, for the Holiday Inn Project. There being no one further desiring to speak, Mayor Flores closed the public hearing at approximately 7:50 p.m. City Manager Netter, Assistant City Manager Leivo and City Attorney Flitner responded to additional Council questions related to funding possibilities and qualifying requirements for the different types of projects and programs. Discussion concluded upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, to signify the Mobilehome Earthquake Bracing continuation project application for $200,000 as first priority for the CDBG grant proposals; to signify the Boys and Girls Club application for $15,000 as the second priority for the CDBG grant proposals; to consider housing reserve funds for the Burbank Housing Holiday Inn Project with the stipulation. that fair share be provided by the other agencies; and acknowledgment of intent to continue to work with staff toward a program for the road repair concerns at Valley Village, was unanimously approved. Rohnert Park Citv Council Minutes ( 6 ) January 23, 1996 UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time. Under legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. 1. Victor Stevens, President of GSMOL, and resident of Valley Village Mobile Home Park, urged opposition to Proposition 199 with recent ballot measure name change from "fair rent issue" to "phase out of mobile home rent control issue ". Mayor Flores confirmed the City Council recently expressed its position against Prop. 199. 2. John Hudson, 399 Bonnie Ave., Attorney representing Paul Golis, reviewed back- ground and expressed concerns regarding Mr. Golis' revisionary clause on twenty acres of sewage plant land which has restricted use and that Mr. Golis' opposed the animal shelter project on said land. He referenced recent letter he received from the City Attorney regarding conveyance of the property, and challenged the City's claim to ownership of the property due to the revisionary clause. He also questioned use of public funds to purchase a drainage ditch for the Park Estates subdivision. Mayor Flores explained the Golis case was discussed during the closed session and the City Attorney would be writing an additional letter responding to the matter. Responding to the concern expressed about the drainage easement purchase, City Attorney Flitner explained the property purchased for the drainage easement was purchased through condemnation process for the benefit of the northeast section of town. The drainage channel was acquired at the suggestion of the Sonoma County Water Agency which was on its priority list of projects for completion. City Attorney said he would research this matter further to set the record straight but thought that the entire costs for the easement purchase plus improvements were paid by Park Estates subdivision. Councilman Reilly reviewed background of animal shelter development and reasons the project moved forward which was because the majority of public input signified approval and, also, the property is still being used for the designated intended purpose. There was no indication of opposition from Mr. Golis during the public hearings held for this item. The City affirmed consent by Mr. Golis through Mr. Fredericks, who was the attorney representing Mr. Golis at the time, who gave his approval at the City Council meeting the night the contract for the animal shelter contract was awarded to Mullins Construction Company. RECESS Mayor Flores declared a recess at approximately 8:30 p.m. RECONVENE Mayor Flores reconvened the Council meeting at approximately 8:36 p.m. with all Councilmembers present. OAKLAND RAIDER FOOTBALL TEAM matter - Mayor Flores recommended moving this item forward on the agenda to be handled at this time as a courtesy to the representatives present at this meeting. Council agreed due to the miles of travel involved for the Raider representatives to attend the Council meeting, as well as one recovering from recent surgery, with the exception of Councilwoman Gallagher signifying her disapproval because of other citizens also waiting for agenda items. Rohnert Park City Council Minutes ( 7 ) January 23, 1996 Mayor Flores reviewed recent meeting he had with representatives of the Oakland Raiders to discuss the possibility of setting up a training camp in Rohnert Park. The Mayor introduced Oakland Raider representatives Jim Otto and *John Doris John Herrera who shared reasons for considering a training camp in Rohnert Park, as well as the benefits this could provide to the community. Mayor Flores advised he would make a proposal on this item later in the meeting. *CORRECTION ABOVE FROM 2113/96 CITY COUNCIL MEETING: Per Mayor Flores (deletion lined out -addition underlined) PLANNING AND ZONING MATTER: File No. 1310 - American Golf Corporation - Site Plan and Architectural Review for a 1,183 sq. ft. addition on to the existing Mountain Shadows Golf Resort Club House - Planning Director Skanchy referenced plans on display, explained the staff report provided to Council for this item, and responded to Council questions. David George, employee of Mountain Shadows Golf Resort, questioned the golf course having money to spend on an addition to the club house and asked Council to consider the obligation of Mountain Shadows to provide decent wages for its employees. Dan Ross of American Golf Corporation, explained this addition has been discussed with the City for several years, further reviewed beneficial reasons for the addition to the Mountain Shadows Club House, and responded to Council questions. He introduced Jennifer Adams, Food Administrator, and Rick Brereton, Architect, who were also available at this meeting to respond to Council questions. Discussion concluded upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, with Councilwoman Gallagher dissenting, the above - reviewed Site Plan and Architectural Review for File No. 1310 as recommended by the Planning Commission, was approved. BUILDING DEPARTMENT MATTERS: Mayor Flores advised this item would be moved forward on the agenda and handled at this time as a courtesy to citizens present at this meeting. 1. Morton Phillips Inspection Report - City Manager Netter explained the status of this item. The original report did not include approximately ten homes for an additional inspection period. Morton Phillips is in the process of evaluating his initial report with Condiotti's response which has been provided to Council. The analysis of the other ten homes will be provided following completion of the Condiotti evaluation. It may also be necessary to re- inspect some of the homes. Completion of the inspection report is anticipated by the seconded Council meeting in February. Discussion included differing views expressed by Council related to this process. Mayor Flores advised there is no place for airing personal opinions about individuals in the public forum. Rohnert Park City Council Minutes (8) January 23, 1996 Councilwoman Gallagher said *this -is -impel ° and wanted signified, tbe reeefd, that she has been threatened by semeene who wefks for- Condietti; that she has been the tar-get of the eaf:penter-s' union; and that she has been told by the effpentefs' tinien that she sheuld be taught a lesson. So, if something happens to her- ear-, her- body, her - sere e ins- to her, that -t iefe in the - - This lined out paragraph replaced by verbatum excerpt from video tape as follows: Armando, there's one last thing. Armando, you have to know something. This, excuse me, this is important. This City Council person has been threatened and I want it for the record that the man that's sitting in this aisle, is sitting right there (directly pointing to a particular man in the designated area) that works for Condiotti, I have been the target of the %_arpenters vi ion >:or which Condiotti donates a huge chunk of money, and that was two Wednesday's ago, and I want it for the record, that I have been told by the Carpenters' Union who got riled up by Condiotti, that I should be taught a lesson, so if there is any bodily harm done to me .... I can't go to my police department here and tell them this has happened .... I want it for the record, if something happens to me, if my car is brutalized, if my body, my son, anything happens to me, I want it for the reoord that that man right there is causing people to cause dispair .... ? ... or, disrespect ... (word not clear on tape). Now it's for the record. Thank you. Now it's for the record. *CORRECTION ABOVE FROM 2/13/96 CITY COUNCIL MEETING: Per Councilwoman Gallagher with Council concurrence to insert vertatum excerpt. An unidentified man made a request from the audience, for the record, that he just wanted to say, that's ridiculous. Vice Mayor Eck commented the Council received documented information included in tongiht's communications that designates specific exemptions for model homes which can be built prior to the recordation of the map with the County, and said the problem here is anytime lies and innuendoes are made, it's what happens when a body like the Council gets into a regulatory process. 2. Condiotti Enterprise response to Morton Phillips Report - City Manager Netter referenced this report provided to Council explaining review and evaluation procedures as outlined in the Council Meeting Memo. For the purpose of clarification, Mr. Netter reviewed the background of this item. A particular Council person initially pressured Morton Phillips for an early report. The proper procedure for this method would be to submit the first evaluation by Morton Phillips to Condiotti for review. Councilwoman Gallagher signified, for the record, that the City Manager did not call Morton Phillps for the first report but said if you want it sooner, you call him. City Manager Netter responded there's a lot of interpretation problems here and that Councilwoman Gallagher was accurate in that they were using the wrong dates. Each side must be given the opportunity to review the draft, provide responses and finalize the report with accurate dates and information. What we want are accurate facts. The comment by Ms. Gallagher that there are some secret meetings going on here, is bogus and untrue. It is staffs duty to meet with them and, referencing the City Engineer attending the meetings, this is required as he is the Chief Building Official. Discussion followed with various comments expressed by Council including interest to review the forthcoming report from Morton - Phillips and signifying the importance of limiting individual opinions on this matter, as a cautionary measure, in the event of the possible development of a class action lawsuit. City Manager Netter responded to Council questions, including confirmation that reports had been sent to all designated builders, and there will be more information available on this item the second Council meeting in February. Rohnert Park Citv Council Minutes (9) January 23, 1996 3. Building Department Memo on Building Inspection processes - City Manager Netter referenced this staff report dated January 16, 1996, as explained in the Council Meeting Memo, reiterating that inspections were made on all construction. He responded to Council questions. Discussion followed. PUBLIC COMMENTS: Mayor Flores opened the meeting to receive public comments at this time. Public comments were submitted on speaker cards or other written and/or verbal communications expressing construction concerns as follows: Ronnie Olson, 1356 Magnolia Avenue John Gladson, 1397 Marigold Place Kelly Townsend, 1357 Mattice Lane Phil Trowbridge, Condiotti Enterprises (reviewed referenced response letter) Cindy Walsh, 4409 Glacier Court Council responses to public comments concluded with no futher action being taken. CITY'S SIX MONTH FINANCIAL REVIEW Ended December 31, 1995 - Finance Director Harrow reviewed this staff report dated January 19, 1996 and responded to Council questions. In summary, the first half of the 1995 -96 budget is progressing favorably with both revenues and expenditures, resulting in the City's general fund comparing favorably to the anticipated half year budget by $573,000. Mr. Harrow recommended presenting a nine (9) month financial report at the May 14th City Council meeting to keep the Council informed on the progress of this fiscal year. City Manager Netter also responded to additional budget related Council questions. Discussion concluded upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, and unanimously approved, for staff to provide a 10% reduction plan from all City departments, as previously discussed, for Council's consideration along with review of the 9 month financial report at its meeting of May 14, 1996. EXTEND COUNCIL MEETING: Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, and approved with Councilwoman Spiro dissenting, the Council meeting was extended beyond the 10:00 p.m. adjournment time in order to complete scheduled agenda items. PARKS AND RECREATION MATTERS: 1. Programs for Disabled Adults - Council Liaison Dawna Gallagher updated Council on progress of this item including information in staff report provided to Council. The Parks and Recreation Commission reviewed the committee's questionnaire and letter to be sent to various homes and individuals with Commission changes signified in italics on these items attached to the referenced staff report. Discussion concluded upon Council concurrence approving above - reviewed questionnaire survey and letter with changes signified by the Parks and Recreation Commission, and with Council direction for removal of individual names from both items, not to reflect on anyone, but because of being inappropriate to signify individuals for public responses. The contact will be the City's Recreation Department. Rohnert Park City Council Minutes (10) January 23, 1996 2. Paint Ball Game Field proposal - City Manager Netter referenced staff report provided to Council on the status of this item. He explained the necessity of deferring the item to the next Council meeting to allow sufficient time for the California Highway Patrol Commander to review the proposal and offer input. Councilwoman Gallagher leaves Councilwoman Gallagher left the Council meeting at approximately 10:17 p.m. during the first report of the next agenda item. DEPARTMENT OF PUBLIC SAFETY MATTERS: 1. Project Child I.D. - Status report - Mayor Flores referenced staff report provided to Council on this item and expressed appreciation to Councilman Reilly, Director of Public Safety Rooney and staff for efforts involved toward the successful development of this pilot program. The Mayor advised that he and the Director of Public Safety had the opportunity to visit Channel 2 and make comments on this program. An initial innovative program is scheduled on Saturday, January 27, 1996, from 8:00 a.m. to 4:00 p.m. at the Rohnert Park Senior Center. Discussion included further Council comments on the merits of Project Child I.D. and appreciation of staff efforts for putting it together. 2. Joint Agreement with Sheriffs Department re. Creekside Middle School - City Manager Netter explained this item, as reviewed in the Council Meeting Memo, and responded to Council questions. Resolution No: 96 -12 APPROVING AN AGREEMENT WITH THE COUNTY OF SONOMA FOR LAW ENFORCEMENT SERVICES TO CREEKSIDE MIDDLE SCHOOL Upon motion by Councilwoman Spiro, seconded by Vice Mayor Eck, and approved with Councilwoman absent, reading of Resolution No. 96 -12 was waived and said resolution was adopted. 3. Creekside Middle School annexation requirements - City Manager Netter referenced staff memo from Planning Director Skanchy dated January 18, 1996 regarding his meeting with Steve Sharpe of the LAFCO office to discuss annexation requirements for this item. City Manager advised he filed a letter which had to be mailed by January 10th and, if pursued, this item would come back to Council for appropriate public hearing(s). Councilwoman Gallagher returns - Councilwoman Gallagher returned to the meeting at approximately 10:22 p.m. EDGEWOOD APARTMENTS (previously referred to as Laguna Apartments) re- Application for Bond Allocation - Assistant City Manager Leivo explained the staff report provided to Council for this item, as reviewed in the Council Meeting Memo, and responded to Council questions. He advised this report was provided for informational purposes, with no action necessary at this time, corresponding with previous Council action on May 23, 1995 adopting Resolution 95 -79 declaring the intent of the City to issue revenue bonds for the Laguna Apartments. The application will be reviewed by the California Debt Limit Allocation Committee in mid - February and, prior to issuance of bonds, the City Council must hold a TEFRA public hearing and approve a second resolution. Discussion included Council request for the representative of this project, Ken Martin, to be available to respond to Council questions when the item is scheduled on a Council meeting agenda for further review and consideration. Rohnert Park City Council Minutes ( 11 ) January 23 1996 SONOMA COUNTY GRAND JURY- 1995 FINAL REPORT Mayor Flores referenced this report provided to Council and timelines for forma: responses, as reviewed in the Council Meeting Memo. The Mayor expressed the preference for Council responses to be ready much sooner than the designated sixt} (60) days. To enable the Mayor to work with staff on a joint response for consideration at the next Council meeting, Councilmembers were requested to send individual comments to the Mayor, with individual City Department comments tc be provided to the City Manager. CALIFORNIA CONSTITUTION REVVION COMMISSION recommendations (cont'd from 1 19 15 City Manager Netter referenced options to consider for this item as reviewed in the Council Meeting Memo. Council's responses signified at the previous Council meeting up to page 4, State Budget and Fiscal Systems, were forwarded to the Santa Rosa Chamber of Commerce by the requested date of January 12, 1996. Therefore, the timeline is basically open for Council recommendations on the remaining portions. Council agreed to defer this item to the next Council meeting. COUNCIL COMMITTEE REPORTS: 1. Sporthaus Committee (Flores /Spiro) - Mayor Flores reported on results of January 11, 1996 meeting for the Sporthaus proposal which included review of a steel frame and panel designed for the facility. This will be included for Council's consideration of specific guideline requirements, etc., along with other factors of the proposal. It will be the responsibility of Sporthaus representatives to provide the fiscal integrity of the organization, documentation regarding their list of investors, and establish a solid financial base, as well as putting the Sporthaus proposal in the form of a letter with designated content as outlined by City Attorney Flitner. Once this is received, the item will be rescheduled for Council consideration. Sporthaus has until the end of Februrary 1996 to complete its proposal. 2. Golf Course Committee (Gallagher /Spiro) - Councilwoman Spiro reported on the Golf Course Committee meeting held on January 16, 1996, which was scheduled in order to have a pro- active response to problems especially related to labor /management issues. The Council Committee recommended encouraging American Golf to work within the guidelines of state and federal regulations. A judicial hearing, which is not a lawsuit, is scheduled in April on this issue. Councilwoman Gallagher questioned waiting for a hearing in April to say something is wrong and that some definite things are wrong regarding public rights when employees are discouraged from asserting their rights to the organization and management. City Manager Netter introduced Loretta Rafery, Legal Counsel for American Golf, per American Golf's recommendation to be available at this meeting to respond to Council questions. Ms. Rafery responded to Mayor Flores' invitation to comment that she would like to make a brief statement. -- From listening to some of the Rohnert Park Citv Council Minutes ( 12 ) Tanuary 23 1996 issues before the Council previously reviewed tonight, the situation is very similar for us. There are some distortions, some lies, lots of half truths and inuendos. All of these matters are under federal law governed by the National Federation Act. We do not appreciate providing a good facility to the City to have assumptions made in this forum. There are charges filed and grievances will be aired where appropriate. There is more than one side of a story. -- Ms. Rafery responded to further Council questions related to this matter. In concluding comments, Vice Mayor Eck agreed with the intent for a great talk at the bargaining table and, speaking for himself, hoped this can be handled fairly. However, this is not the arena to handle this issue. It feels like we are getting put into the role of judge, jury and prosecutor. Councilwoman Gallagher pointed out that on June 27, 1995, a judge did hand down an order and decision on a case. Golf Course representatives indicated that they have abided by the order of the labor relations board. 3. Friends of the Library (Reilly) - Councilman Reilly advised representatives of Friends of the Library have expressed concern about the temporary storage provisions at the Corp Yard because of leaks and the risk of losing value of books. City Manager Netter responded efforts are being made to expedite the arrangements previously signified. 4. Senior Citizens Advisory Commission (Spiro) - Councilwoman Spiro reported on the success of recent event at the Senior Center drawing a large number of people and receiving enough donations to equal zero backing funds from the City. Ms. Spiro extended a reminder that Super Bowl Party tickets are available at the Senior Center and urged use of the Kraft Shoppe. SONOMA COUNTY ASSOCIATES FOR YOUTH DEVELOPMENT (SCAYD) letter requesting appointment of Councilwoman .Spiro to continue role as Liaison on COYF and the new Community Partnership Program - This item was handled earlier on tonight's agenda under Scheduled Public Appearances. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1. Councilman Reilly referenced an anonymous letter reviewing other possible make up of fire services and recommended passing the information on to the Department of Public Safety. City Manager confirmed this was done. 2. City Manager Netter referenced his report under item #6 on Communications regarding Residential & Commercial Building Fee Collections -Report on Calendar Years 1980 - 1995. This report was requested from Council at its previous meeting. 3. City Manager Netter referenced staff report under item #14 on Communications regarding specific exemption for model homes, prior to recordation of the final map, which is contrary to earlier false statements communicated by Councilwoman Dawna Gallagher. Rohnert Park City Council Minutes ( 13 ) January 23, 1996 MATTERS FROM/FOR COUNCIL: 1. Mayors' Library Fund Proposal - Councilman Reilly reviewed attending a recent meeting involving consideration of the referenced proposal and the possibility of setting up a long term trust fund that could be used for library expansion. Council referred this item to staff to research possibilities. 2. Future Town Hall meetings - Mayor Flores asked the desire of the Council on this item. City Manager Netter responded to Council inquiry that the General Plan Committee report should be on the next Council meeting agenda which should provide a timeline of their progress. Council deferred this item until after the referenced report is available from the General Plan Committee. 3. Meeting with Representatives from the Raider Football Team - Mayor Flores referenced introduction of Oakland Raider representatives earlier during this Council meeting with discussion regarding consideration of a training camp in Rohnert Park. The Mayor commented on the beneficial aspects to the community of this possibility and recommended himself and Vice Mayor Eck as ad hoc committee to review the proposal with representatives of the Oakland Raiders. Council agreed. 4. Youth Center /Teen Center - Councilwoman Spiro referred to young people previously asking about Youth/Teen Center possibilities. Council Liaison Spiro recommended this item be turned over to the new Community Partnership Committee to further explore and coordinate ideas to save efforts from being duplicated or triplicated by others. Council concurred. Councilwoman Gallagher leaves Councilwoman Gallagher left the Council meeting at approximately 10:45 p.m. during discussion of the next agenda item. 5. Joint meeting with Cotati/Rohnert Park Unified School District Board, City Hall, Mon., 1/29/96, Not confirmed(Cannot make morning meetings)Choose new date /time - City Manager Netter explained this conflict in schedule for the School District. Council concurred to reschedule this joint meeting at City Hall from 6:00 p.m. to 7:30 p.m.on Monday, February 26, 1996. 6. Joint meeting with Parks & Recreation Commission, Dynasty Restaurant, 6:00 p.m. to 8:30 p.m., Tuesday, February 6, 1996 - City Manager Netter confirmed the scheduling of this joint meeting. 7. Norma Adams retirement dinner, Community Center, 6:30 p.m., Friday, February 23, 1996 - Mayor Flores announced the scheduling of this event. 8. Redwood trees - Vice Mayor Eck brought attention to redwood trees toward the east end of Rohnert Park Expressway that are falling over from recent storms. This was referred to staff for handling. Rohnert Park City Council Minutes ( 14 ) January 23, 1996 CITY MANA GER'S REPORT.• 1. Sonoma Racquet Club re. Proposed Bicycle Path - City Manager Netter referenced letter dated December 28, 1995 from the Sonoma Racquet Club Homeowners Association opposing the proposed bicycle path along the west side of the Sonoma Racquet Club. Vice Mayor Eck requested a corresponding report from staff regarding what legal right they have to this opposition. 2. REMIF Annual Risk Management Seminar, Eureka, January 31 to February 2, 1996 - City Manager Netter advised he and Finance Director Harrow would be attending this seminar. 3. Coleman Creek Storm Pipeline - City Manager Netter explained concerns related to this item and direction to Director of Public Works /City Engineer Brust to work on it right away. Council agreed. 4. National Standards for Youth Sports - In response to Councilman Reilly's inquiry, City Manager Netter confirmed the resolution was removed from this meeting's Consent Calendar for further discussion, per Councilman Reilly's earlier request. Council agreed to defer this item to the next Council meeting. CITY ATTORNEY'S REPORT.• 1. Rent Appeals Board appointments - This report was deferred to the next Council meeting. 2. Any items from closed session - The Mayor's earlier report on these items was sufficient. 3. Supplemental Report on possible 9th District Court ruling re. reporting of sex offenders - City Attorney Flitner reported on this ruling in Alaska whereby the District Court validated the state law regarding sex offenders. However, before the law went into effect, some people plea bargained in 1991, so it cannot apply as certain things were in contract before the law became effective. Therefore, people may not be able to get the names of the sex offenders. City Attorney responded to Council questions. Discussion concluded upon motion by Councilman Reilly, seconded by Vice Mayor Eck, and unanimously approved with Councilwoman Gallagher absent, for City Attorney to write a letter to the Attorney General, over the Mayor's signature, advising the City wants to join with other agencies to appeal above - reviewed ruling. Councilwoman Spiro made a motion to adjourn this meeting due to the lateness of the hour. Said motion died for lack of a second. RECESS Mayor Flores declared a recess at approximately 10:55 p.m. to proceed with the Community Development Commission meeting scheduled on the agenda. RECONVENE Mayor Flores reconvened the City Council meeting at approximately 10:59 p.m. with all Councilmembers present except for the absence of Councilwoman Gallagher, who left the Council meeting earlier as signified previously in these minutes. Rohnert Park City Council Minutes ( 15 ) January 23, 1996 UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores asked if there were any additional unscheduled public appearances at this time. Linda Branscomb, 6585 Commerce Blvd., #188, referenced the Oakland Raiders' proposal for a training camp in the area and cautioned consideration of community separators. Mayor Flores responded that the area the Raiders are considering would not be located in the community separator. David George, employee of Mountain Shadows Golf Resort, reviewed additional concerns related to the labor /management issue at the golf course. Mayor Flores encouraged both parties to follow the rules of the bargaining table scheduled for negotiation hearings in April. CITYATTORNEY REPORT. • (cont'(0 Request for support of amicus brief re. rent control - City Attorney Flitner referenced the rent control arena in which the City has been involved over the past few years. The City has been asked to join in a particular amicus brief regarding a case on rent control. City Attorney Flitner recommended support and signified he would be glad to writ the brief, which would be at no cost to the City. Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, with Councilwoman Gallagher absent, to support the above - reviewed amicus brief as recommended by the City Attorney, was unanimously approved. ADJOURNMENT. • Mayor Flores adjourned the meeting at approximately 11:06 p.m. DepWq7 CiVlerk Mayor jh