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1994/08/09 City Council MinutesRohnert Park City Council Minutes August 9, 1994 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 Reilly presiding. CALL TO ORDER -v6yor Reilly called the regular session to order at approximately 6:16 p.m. and led the pledge of allegiance. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Hollingsworth, Spiro and Mayor Reilly 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, Director of Public Safety Rooney and Fire Comnander Shields. Temporary Upon invitation by Mayor Reilly, Jennifer Mello, 1400 Garrett Court, Youth of E1 Camino High School, introduced herself as the Temporary Youth Committee Committee Representative to the City Council. Her appointment was ratified by the Temporary Youth Committee at its recent meeting of August 4th, 1994. Mayor Reilly advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters as listed on the agenda attachment. He reported as follows: (1) still pending on Hillsboro Properties vs. City of Rohnert Park status conference; (2) an amended complaint has been received on Hallock vs. City of Rohnert Park and will be reviewed; and (3) on Beary vs. City of Rohnert Park, there is nothing new to report at this time. The Mayor confirmed no action was taken and there was nothing further to report at this time. Approval Upon Motion by Councilwoman Spiro, seconded by Councilman of Hollingsworth, the minutes of July 26, 1994 were unanimously approved Minutes as submitted. Upon motion by Councilman Eck, seconded by Councilman Hollingsworth, with abstention by Councilwoman. Spiro due to absence from the meeting, the minutes of July 21, 1994 were unanimously approved as submitted. Approval Upon motion by Councilman Hollingsworth, seconded by Mayor Reilly, of including previously signified automatic no vote of Councilwoman Bills Gallagher for payments to Sonoma County Wineries Association, City bills presented per the attached list in the amount of $1,115,223.46 were unanimously approved. Non - agendaed Mayor Reilly asked if any Councilmember had any items to add to the matters agenda. Councilmembers Eck, Spiro and Gallagher each signified miscellaneous items, if time allowed. Rohnert Park City Council Minutes (2) August 9, 1994 Unscheduled Mayor Reilly stated that in conpliance with State Law (The Brown Act), Public citizens wishing to make a comment may do so at this time. Persons Appearances speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Larry Frederick, 2147 Alejandro Drive, referred to letter to the Mayor from Milt Freer, Director of Development, Easter Seal Society and shared contents requesting the City Council to proclaim August 27, 1994 as "Miracle Ride" Day. Emergency Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, Item and unanimously approved, an emergency item was declared for the above - reviewed request. Resolution A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK DECLARING No. 94 -126 AUGUST 27, 1994 AS "MIRACLE RIDE" DAY Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, Resolution No. 94 -126 was adopted by title declaring August 27, 1994 as "Miracle Ride" Day. Gerry Miller, 313 Laurel Leaf Place, Santa Rosa, Ca., Promotion Director of Santa Rosa 15th Annual Dixie Jazz Festival, August 26, 27 & 28, 1994 at Red Lion Inn/Mbuntain Shadows Deckers Lounge, referred to advertisement brochures provided to Council and explained this event. He offered badges and tickets to Council with invitation extended to attend the event. Mr. Miller requested the Council proclaim August 26 through 28, 1994 as "Dixie Jazz Festival" weekend. Upon motion by Councilwoman Spiro, seconded by Councilman Hollingsworth, a proclamation declaring August 26, 27 & 28 as "Dixie Jazz Festival" weekend, was unanimously approved. Charles Kitchen, 4945 Fern Place, relayed a flyer to the Mayor which he received from Kathy Petticrew, a resident, requesting the message be shared at the Council meeting. Mayor Reilly advised that the flyer regarding fire safety concerns was reviewed at the budget work session held on the previous evening and that receipt of this resident's message with the flyer would also be acknowledged in the record of this Council meeting. Ben Friedman, 655 Enterprise Drive, shared contents of his letter and expressed his reasoning for requesting Council to consider a monument of shame to honor the country's founding fathers. The City Council took no action. C O N S E N T C A L E N D A R Mayor Reilly asked if any Councilmember had any questions regarding the matters on the Consent Calendar. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No.94 -124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING AND APPROVING GRANT DEED FOR RIGHT OF WAY DEDICATION FOR BUSINESS PARK DRIVE Rohnert Park City Council Minutes (3) August 9, 1994 No.94 -125 APPROVING AND AUTHORIZING GRANT OF EASEMENT FOR PACIFIC BELL TELEPHONE FACILITIES ON EAST SIDE OF CAMINO COLEGIO NORTH OF MAGNOLIA AVE. Ordinance for introduction: No. 591 AN ORDINANCE OF THE CITY OF ROHNERT PARK ANENDING SECTION 5.12.130 OF CHAPTER 5.12 OF THE ROHNERT PARK MUNICIPAL CODE TO PROVIDE FOR OPERATION OF CARNIVALS Approval of Parcel Map No. 151 and acceptance of public utilities easement for a 2.54 acre parcel owned by the Presbytery of the Redwoods at the corner of Arlen Drive, and Santa Alicia Drive which is the site of the existing ComTunity Garden (and the future Burbank Housing project). The parcel map creates two lots and a 5' public utility easement along the road frontage. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Scheduled Public Appearance: The Santa Rosa Dixie Jazz Festival item scheduled at this time on the agenda was handled prior to the consent calendar. Tenporary Youth Committee representative - Handled at the beginning of this meeting. Open Space matters: 1. David Hansen, General Manager of the Open Space District, referred to map on display and gave a presentation on lands surrounding Rohnert Park, as previously requested by the City Council. He provided an update on completed and pending acquisitions, especially related to current standing of the northern areas, and responded to various Council questions. 2. 1994 -95 Action Plan - City Manager Netter referred to letter dated July 22, 1994 from the Open Space District regarding this proposed Action Plan including (a) Task B - Master Plan Pilot Project lands between Santa Rosa & Rohnert Park and (b) Addendum guidelines - Competitive Matching Grant Program (Attachment A). Councilwoman Councilwoman Spiro left the Chamber during the following report at Spiro leaves approximately 6:46 p.m. and returned at approximately 6:48 p.m. & returns David Hansen, General Manager, Open Space District, reviewed contents of above- reference comnmications regarding proposed 1994 -95 Action Plan. He confirmed the Open Space Advisory Committee has recommended approval of the Plan by the District Board of Directors and is soliciting input from each city regarding this proposed Action Plan. Input received by August 10, 1994 will be passed on to the Open Space Authority for consideration at its meeting tentatively scheduled for August 11, 1994. Mr. Hansen, Vice Mayor Eck and City Manager Netter responded to Council questions. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, acceptance of the above - reviewed 1994 -95 Action Plan as presented, was unanimously approved. Rohnert Park City Council Minutes (4) August 9, 1994 "S" Section Neighborhood Watch results - City NLanager Netter reviewed contents of staff report dated July 16, 1994 and updated Council on the progress of actions to date regarding concerns expressed at the recent "S" Section Neighborhood Watch meeting. He confirmed to Council inquiry that prohibition of alcoholic beverages in public parks between the hours of 9:00 p.m. and 6:00 a.m, is already established in the Nianicipal Codes and that signs are posted. Mayor Reilly signified the information would be provided at the Neighborhood Watch meetings. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK REZONING FIVE (5) PARCELS OF No. 590 PROPERTY TOTALING FORTY SIX ACRES MJRE OR LESS LOCATED ON THE NORTH AND WEST SIDES OF CAMINO COLEGIO AND NORTH OF THE HEWLETT- PACKARD PLANT SITE MME PRECISELY SHOWN AS ASSESSOR'S PARCEL NOS. 046- 051 -19, 22 & 23 AND 046 - 051 -21 & 27 (PLANNING FILE NO. 1597- Kaufman & Broad) City Manager Netter explained the ordinance which was introduced at the previous Council meeting. This ordinance amends the zoning map in the referenced area from RM /2000 /PD (Multiple Family Residential /Planned Unit Development) District to R1 /PD (Single Family Residential /Planned Unit Development) District and would become effective thirty (30) days after its adoption. The Council previously authorized the General Plan amendment which allows for the density change from High Density Residential (10 to 30 units per acre) to Intermediate Density Residential (5 to 10 units per acre). Councilman Hollingsworth advised why he could not retain his no vote on this downzoning request, as previously signified, because of the first come /first serve policy applied on other sewer capacity requests. Councilwoman Spiro expressed preference to wait until after the meeting scheduled with Hewlett Packard regarding long range plans and reasons for retaining the sewer capacity. Upon motion by Councilwoman Gallagher, second Councilman Eck, with Councilwoman Spiro dissenting, reading of Ordinance No. 590 was waived and said ordinance was adopted. Sewage Treatment and Disposal Service rate adjustments - City Manager Netter reviewed the staff report explaining the resolution for consideration regarding a 5.12% increase rate adjustment on the City's sewer operation to be included in the 1994 -95 proposed budget. Staff recommends this small increase in order to maintain reasonable operating revenues as related to operating expenditures which have actually increased overall by 12 %, with the majority (7.7%) of the increase due to the increase in the Santa Rosa Sub - Regional Plant operating costs. A public hearing was duly noticed and scheduled at this time to receive citizen input regarding the proposed rate adjustment. City Manager Netter and Finance Director Harrow responded to Council questions. Public Mayor Reilly opened the public hearing at approximately 7:17 p.m. Hearing No one responded. The Mayor closed the public hearing. Rohnert Park City Council Minutes (5) Auqust 9, 1994 Resolution RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING RESOLUTION No. 94 -127 ESTABLISHING RATES AND CHARGES FOR SEWAGE TREATMENT AND DISPOSAL SERVICE Discussion concluded upon motion by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, designating a nine percent (9 %) increase adjust? ent of rates for sewage treatment and disposal service, reading of Resolution No. 94 -127 was waived and said resolution was adopted. Councilman Hollingsworth - Councilman Hollingsworth left the Chamber at approximately 7:20 p.m. leaves during the following presentation and returned at approximately & returns 7:22 p.m. Sonoma Life Support (Franchise EMS & Ambulance Provider) - A slide presentation was given on this item by representatives Bruce Lee, Director of Operations, Sonoma Life Support and Kent Coxton, of Sonoma County Emergency Medical Services (EMS) Agency, responsible to oversee administrations. They reviewed current emergency management and ambulance services to the City of Rohnert Park and responded to Council questions. As suggested by Mr. Lee in response to Council inquiry, Council agreed City Manager should request the Director of Public Safety to contact Mr. Lee for an update on services and ENE trailers specifically available in Rohnert Park for emergency disaster situations. Ben Friedman, 655 Enterprise Drive, shared a personal experience related to using the ambulance service. He conplimented the efficiency of the service but thought the amount charged for use of the service was too high. City Manager Netter responded that the rates are regulated by the County Board of Supervisors. Proposed 1994 -95 City Budget matters: City Manager Netter reviewed adjustments to the proposed budget resulting from previous work sessions to date. He advised time had been allotted on this meeting agenda for further public comments, as well as a resolution presented for Council's consideration for adoption of the budget. Public Mayor Reilly opened the meeting to public comments at approximately Conuents 7:46 p.m. Anthony Gelardi, 856 Racquet Club Circle, reviewed concerns related to the Senior Center Program Fees. He requested Council's consent for waivers of such fees for "Fun After 50 Club" events due to restricted senior budgets. Mayor Reilly responded that the overall policy had been established in last year's City budget and, with most non - profits being in similar financial situations, there would need to be an overall assessment before Council could consider fee waivers for one organization. City Manager Netter reviewed City expenditures for the Senior Center operation, which is substantially in the red, and explained the facility use fees only help offset a small portion of the amount designated for senior programs. Council concluded the matter should be presented to the Senior Advisory Commission for further review. Rohnert Park City Council Minutes (6) August 9, 1994 Blake Titus, 839 Lunar Court, expressed appreciation for three more fire service personnel signified in the proposed budget. Though he would like to see two fully staffed fire stations, this is a good start. There being no one further desiring to speak, Mayor Reilly closed public comments at approximately. Discussion included Councilwoman Gallagher reporting on her findings of comparisons with the Sunnyvale Public Safety Department and referred to previous comrents regarding Rohnert Park modeling after Sunnyvale as a long term goal of Rohnert Park for its fire services. Councilwoman Gallagher reviewed reasons for her opposition expressed at the previous budget work session because of citizen concerns related to the hiring of three Public Safety Personnel, and signified her total support of the City's Public Safety Department. Resolution No. 94 -128 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1994 -95 Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, with amendments as reviewed in staff report of this date including the Capital Outlay Funds Budget and annual report provisions, reading of Resolution No. 94 -128 was waived and said resolution was adopted. RECESS Mayor Reilly declared a recess at approximately 8:00 p.m. RECONVENE Mayor Reilly reconvened the Council meeting at approximately 8 :10 p.m. with all Councilmembers present. Other budget - related matters: 1. Expressway Widening Project - Vice Mayor Eck shared comments pertaining to the summary provided to Council of meeting with Senator Thompson and Caltrans on the Expressway Bridge Widening Project - Phase I. This meeting was held in response to Caltrans letter of July 28, 1994. Vice Mayor Eck, City NHnager Netter and Director of Public Works /City Engineer attended the meeting with Senator Thompson and Caltrans representative, Harry Y. Yahata, Chief Deputy District Director. They shared comnents as outlined in the above- referenced summary and responded to Council questions confirming the high priority of the project and that Caltrans is committed to expedite the project at all phases and will allocate resources for timely reviews and approvals of submitted documents. Discussion concluded in Council concurrence to send response letter to Caltrans confirming agreement of the need to proceed with this project as reviewed in the above - referenced meeting sumnsry and that it is a high priority for relieving traffic congestion at the intersection of Commerce Blvd. and Rohnert Park Expressway. 2. Codding Enterprises letter offering building on west side of U. S. 101 for potential Public Safety /Fire Station for credit against fees on the Laguna Apartment Project - City NHnager Netter shared contents of this letter dated July 27, 1994 and explained reasons reviewed in the Council Meeting Memo for staff's opinion that the purchase of a building for a fire station facility on the west side would not be a good use of funds at this time. Rohnert Park City Council Minutes (7) August 9, 1994 Hugh Codding, Chief Executive Officer of Codding Enterprises, confirmed contents of the above - reviewed letter and explained reasons for thinking the facility would be a financial benefit because of revenues from rents. Mr. Codding responded to Council question that he would be glad to guarantee rents for ten (10) years. He said to ensure having the information for the record, rental revenues from this facility are $3,000 per month or $36,000 per year. Council concurred this matter should be referred to staff for further review with Mr. Codding relating to his above - offered guarantee. Public Safety matters: 1. Smoke Detectors for Single Family Dwellings - City Manager Netter shared contents of staff report dated August 3, 1994 outlining existing regulations governing the use and /or placement of smoke detectors in single family dwellings. The report concluded in staff's opinion and recommendation that current smoke detector regulations are adequate and no change is necessary. If a change in the inspection and enforcement procedures are recommended, it would take additional personnel. No changes were recommended by Council at this time. 2. Residential Sprinkler Ordinance proposal (Single & 2- Family Dwellings) City Manager Netter explained staff reports dated July 26, 1994 and August 4, 1994 on this item which has been reviewed in the past. Mr. Netter advised of recent conversation with Charlie Carson of Building Industry Assn. (BIA) who felt similar ordinances for Petaluma and Healdsburg are subject to court challenges. City Manager also advised Director of Public Safety Rooney and Fire Commander Shields were available at this meeting to respond to Council questions. If Council desires to proceed with this proposal for residential sprinkler ordinance, staff recommends placing the item on a future agenda with appropriate public hearing notice. City Attorney Flitner responded to Council inquiry that the Superior Court decision, which is not the final record and could be appealed, on Solano County vs. City of Vallejo ruled the city had no authority to require single family residential sprinklers with requirements of Uniform Building Codes and Health & Public Safety Codes. Fire Commander Shields and Director of Public Works /City Engineer Brust responded to additional Council questions related to estimated sprinkler installation costs, building fire loss percentages for retro- fitting, and comparisons of fire sprinkler systems for comprehensive versus "hot spots" only. Discussion concluded with Council concurrence for staff to prepare an fire sprinkler ordinance for introduction for at least newly constructed duplexes including provision of additional information on the referenced San Jose lawsuit, cost comparatives for comprehensive installations vs. "hot spots" and reference to utilization of videos as an education /presentation tool. Rohnert Park City Council Minutes (8) August 9, 1994 Public Safety matters (cont'd): Charles Kitchen, 4945 Fern Place, felt residential fire sprinklers for new construc- tion is a great idea but retrofitting old structures is very costly. He gave the example of sprinkler installations along the sides of a house for existing location protection as a residential upgrade referenced in the National Fire Prevention Codes which costs from $0.90 to $1.00 per sq.ft. This is a really great life saving system with the purpose being for the protection of lives and not necessarily for the protection of structures. According to the 1991 -92 National Fire Prevention Association, on existing buildings, the main room for fire in a house is the living room with the kitchen being next. 3. Neighborhood Watch Program Guidelines - Director of Public Safety Rooney referred to staff report on this item dated July 28, 1994. He reviewed contents therein and responded to Council questions. Council expressed appreciation for the efforts involved toward the development of this program and agreed it is an excellent program. Golf Course matters: 1. Golf Course Committee meeting (Hollingsworth & Spiro) - City Manager Netter shared results of this meeting held on July 18, 1994 as re- viewed in the Council Meeting Memo. Councilman. Hollingsworth presided over the meeting and confirmed the positive strides in improvements at the golf course. He pointed out there was not mach enthusiasm for use of the golf course for the National Golden Retriever Dog Show. Councilman Hollingsworth responded to Council inquiry that it is the recommndat i on of the Counc i 1 Go 1 f Comm ttee that there is a conflict regarding use of the golf course for events not related to golfing and, therefore, agreed with the golfers that accomriodating a dog show would be inappropriate. Charles Kitchen, 4945 Fern Place, commented on the issue in opposition and stated it would be in violation of the lease. Katherine Collins, 828 Lilac Way, confirmed the need to live by the contract. She also thought the golf course should uphold its lease and maintain grounds and not call on City staff for clean up or maintenance efforts. A motion was made by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, accepting the recommendation of the Council Golf Course Committee to abide by the contract with American Golf Association that the golf course be used for golfing events only. Discussion included Sonoma County Wine Center tents on the golf course adjacent to the Wine Center. City Manager Netter reported that the Wine Center held a similar event last year. He checked with them to make sure they were out of golf play area and the event did not affect the golfers. He recommended a reasonable partnership between neighbors. City Manager said he would write a letter to Mountain Shadows notifying them that they must notify the City before any non - golfing events are allowed on the golf course. Rohnert Park City Council Minutes (9) August 9, 1994 2. Red Lion Inn letter request re. accommodations at Nbuntain Shadows North Course for September 1994 National Golden Retriever Dog Show - City Manager Netter referred to this letter dated July 28, 1994 and confirmed response would be handled according to Council direction in the preceding agenda item. Councilwoman Gallagher Councilwoman Gallagher left the Chamber at approximately 9:16 p.m. leaves during review of the next agenda item and returned at approximately & returns 9:18 p.m. Transportation matters: 1. Sonoma County Transportation Authority (SCTA)- Proposed Countywide Plan Director of Public Works /City Engineer Brust shared contents of staff report dated July 7, 1994 with related attachments. Mr. Brust and Vice Mayor Eck responded to various Council questions. Vice Mayor Eck said there should be opinions expressed at the next Mayors' and Councilmembers' meeting relating to this matter. W. Brust confirmed the Technical Advisory Committee (TAC) was unable to meet in August, as desired, but planned to have a meeting on September 15, 1994 to review the proposed Countywide Plan. Vice Nbyor Eck said he would probably work on the proposal with Linda Branscomb as the representa- tive from Rohnert Park. Council concurred to wait until after the September 15 TAC meeting before submitting comments. 2. SCTA proposed review of Environmental Impact Reports (EIR's) - Director of Public Works /City Engineer Brust reviewed staff report dated July 7, 1994. W. Brust confirmed recommendation of staff report that the SCTA should not change its current review process as SCTA already reviews projects that generate 400 or more p.m.peak hour trips. Council Liaison Eck expressed total agreement with above- reviewed recommendation upon his motion, seconded by Councilwoman Spiro, and unanimously approved, directing a letter be written to SCTA recommending that SCTA not take on the additional burden of becoming involved in reviewing projects purposed throughout the County with related impacts on the Congestion Management Plan (CMP) network. 3. Sonoma County Transit /Operation - City Manager Netter referenced letter dated July 6, 1994 from Sonoma County Transit regarding its operation alternatives. He shared contents therein as reviewed in the Council Meeting Memo and responded to Council questions. Upon motion by Councilman Hollingsworth, seconded by Vice Mayor Eck, per above- reviewed staff report and recommendation, for a letter to be written over the Mayor's signature requesting the Board of Supervisors' consideration of open, competitive bid to a contract transit operator, was unanimously approved. 4. Sonoma County Transit Svc.to Cotati - Rohnert Park Unified School Dist. - City Manager Netter reviewed letter dated August 2, 1994 from Sonoma County Transit to Cotati - Rohnert Park Unified School District regarding schedule changes related to transportation services to students of the numerous schools in the community. Sonoma County Transit has agreed to adjust the schedule to accouxnodate the Nbuntain Shadows Middle School new dismissal time, but is unwilling to provide service for the earlier dismissal time mentioned for Tuesdays without Rohnert Park City Council Minutes (10) August 9, 1994 Transportation matters (cont'd): additional funding from the School District. City Manager Netter said this letter was brought to the Council's attention in support of discussion with the School District whereby they are suggesting changes in schedules to comrunicate and coordinate with the local Transit System in order for all systems and programs to be as cost effective as possible. Director of Public Works /City Engineer Brust updated Council on direct comTmications today with the School District Manager whereby concern and awareness of the inter - related scheduling impacts were acknowledged. The School District confirmed it would retain original start and dismissal times at least through January and, in the interim, would see if it could work out schedule modifications with the transit services. Councilwoman Spiro leaves CouncilwKxnan Spiro left the Chamber at approximately 9:30 p.m. Resolution RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING No. 94 -129 THE 1989 101 CORRIDOR PLAN AS THE MAJOR INVESTMENT STUDY FOR THE HIGHWAY 101 CORRIDOR IN SONOMN COUNTY Director of Public Works /City Engineer Brust explained the resolution. Council previously adopted the referenced interim 101 Corridor Plan. This resolution simply signifies re- wording for removal of the reference to "interim" plan and to move forward with the actual plan. Upon motion by Councilman. Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved with above - signified absence of Councilwoman Spiro, reading of Resolution No. 94 -129 was waived and said resolution was adopted. Councilwoman Spiro returns - Councilwoman Spiro returned to the Chamber at approximately 9:33 P.M. November 8, 1994 General Election matters: City Attorney Flitner reviewed contents of his memorandum dated August 3, 1994 regarding his recon rendations for ballot language for the two (2) local measures the City Council proposes to place on the ballot for the 1994 November election. City Attorney explained reasons for recomrending the "second" of two ballot language options he provided to Council for both measures. Council action for 1994 General Election matters proceeded as follows: 1. Ballot Treasure language re. approval of development, instruction or acquisition in any manner of low rent housing projects Upon motion by Vice Mayor Eck, seconded by Councilwoman. Gallagher, and the option 2 ballot language recommended by the City Attorney with regard to the Article XXXIV measure, was unanimously approved. 2. Ballot measure language re. referendum making certain amendments to Ordinance 494 - Mobile Home Ordinance Upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, and the option 2 ballot measure language recommended by the City Attorney with regard to Ordinance 494 amendments, was unanimously approved. Rohnert Park City Council Minutes (11) August 9, 1994 Rent Appeals Board appointment: 1. Accepting resignation of William Combs - City Manager Netter explained the notice of resignation due to Mr. Combs' recent move to Clear Lake. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, the resignation of William Combs from the Rent Appeals Board was accepted. 2. Possible appointment of nominee to serve out William Combs' term which expires on December 31, 1994 - Councilman Hollingsworth signified he did not have a nomination in mind for this appointment. Discussion included review of the existing ordinance requirements for Rent Appeals Board Members, especially related to the two term limit. Council concurred for staff to advertise the opening and to be sure to signify the short time frame of the appointment. Sonoma County Abandoned Vehicle Abatement Service Authority - City Manager Netter explained the resolution for consideration regarding this item and responded to Council questions. Councilwomen Gallagher expressed disagreement with removal of abandoned vehicles if the vehicles are located off public streets and are in private drive- ways or entirely on private property. Assistant City Manager Leivo clarified example of possibilities related to accumulating inoperable vehicles for parts with appearance of a junk yard, that the resolu- tion is in compliance with state law and does address such problems as the described vehicles on private properties. W. Leivo responded to Council question that if the City chooses not to join the Authority, the citizens will still pay but there would be no provision to return any of the funds back to the comYunity. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 94 -130 APPROVING THE AGREEN= FOR SONCM COUNTY ABANDONED VEHICLE ABATENM T SERVICE AUTHORITY Upon motion by Vice Mayor Eck, seconded by Councilman Hollingsworth, and approved with Councilwoman Gallagher dissenting, reading of Resolution No. 94 -130 was waived and said resolution was adopted. AB 3797 - Judicial Juvenile Curfew Ordinance - City Manager Netter referred to information provided to Council regarding this item and said Council- woman Spiro had previously requested Council's consideration to support AB 3797. Councilwoman Spiro said she was not concerned as mach with the issue of cost recovery compared to her concern about cities being attacked for the constitutionality of the support. She pointed out that the bill is currently in the Ways and Means Committee and she would like the Council to signify support. Discussion concluded in no consensus by the Council to support this bill due to differing opinions on various aspects of the bill. Rohnert Park City Council Minutes (12) August 9, 1994 Council Committee reports: 1. School District Communications Committee (Gallagher & Spiro) - City Manager Netter referred to agenda provided to Council of the School District /Cities Communications Committee meeting held on June 23rd, 1994 with notations on the agenda of items reviewed. Council Committee Woman Gallagher shared results of the meeting. Council Committee Woman Spiro referenced uniforms for school students and requested this item be placed on the next School District Coordinating Committee meeting agenda for open discussion. 2. Senior Citizens Advisory Commission - Council Liaison Spiro referred to agenda provided to Council of Senior Citizens Advisory Commission meeting of July 21, 1994. She confirmed the Commission's desire for the City Council to be aware of the results of the Tea Dance showing a profit for fiscal year 1993 -1994 of $4,860.34 as compared to $1,090.78 for fiscal year 1992 -93. Councilwoman Gallagher referred to Item No. 6 on tonight's communica- tions list from John Chase, Chairman of the Senior Citizens Advisory Commission, requesting a second Council liaison and said she would like to request being the second appointment. Councilwoman Spiro explained that the Seniors understood this was normal procedure whereby she told them it was not City policy to have two Council representatives for Commissions. W. Spiro confirmed that she had responded to W. Chase and the matter had been handled. 3. Report on Hashimoto Mayor /delegation visit - Council Liaison Spiro reported on the success of this visit from Friday, July 29th through Sunday, July 31st. The dinner at the Wine Center on Saturday evening was very nice honoring the Hashimoto City Delegation /Sister Cities 10th Anniversary. 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. Councilwoman Spiro referred to a report on California Smoke Free cities and expressed concern about Rohnert Park not being on the list since it was one of the first to promote the non - smoking Healthy Cities' projects. City Manager Netter said Rohnert Park was listed on the second page of the report under partial non - smoking areas. Councilwoman Spiro referred to letter dated July 19, 1994 from the San Francisco Shakespeare Festival with notation from City Manager to Performing Arts Center Director Michael Grice for follow -up. Ms.Spiro thought the Midnight Shakespeare program would be a good experience and asked for an update following Director Grice's review. City Manager's report: 1. Crane Creek Regional Park regarding request for reimbursement of construction costs per Joint Powers Agreement of August 7, 1989 - City Manager Netter summarized this item. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, payment of $2,000 to Sonoma County Regional Parks for the above- described reimbursement, was unanimously approved. Rohnert Park City Council Minutes (13) August 9, 1994 City Manager's report (cont'd): 2. Water system savings due to retrofit program - Informational item. 3. Used Oil Grant for local education program - Informational item. City Attorney's report: City Attorney F 1 i tner reviewed and recommended ami cus support of the three requests listed on the agenda as follows: 1. Wong v. City of Carson letter request dated July 15, 1994 involving the relocation of mobilehome units and test for determining specified conditions for granting a land use permit; 2. Knott v. State letter request dated July 22, 1994 regarding vicarious liability of cities for the criminal acts of their employees; and 3. Stewart v. City and County of San Francisco letter request dated July 27, 1994 involving fair labor standards and impacts on an agency's exposure to so- called "salary test" litigation. Upon motion by Councilman Hollingsworth, seconded by Councilwoman. Spiro, amicus support of all three of the above- reviewed requests as recommended by the City Attorney, were unanimously approved. Matters from/for Council: 1. Designating voting delegate @ alternate League of California Cities' Annual Conference - Mayor Reilly referred to letter dated July 11, 1994 from League of California Cities regarding this year's League Annual Conference scheduled for Sunday, October 23 through Tuesday, October 25, 1994 in Long Beach. As Mayor, Mr. Reilly confirmed he would be designated as voting delegate, that Vice Mayor Eck would be the alternate, and that any Councilmember desiring to attend the conference could do so. 2. Vice Mayor Eck referred to placement of trash cans with handles on lids at the ends of the bike path and hoped for a good report back on the usefulness and success of same. 3. Councilwoman Spiro asked about possibilities of rebate machines for recycling to be placed in designated locations. Vice Mayor Eck commented on people leaving excess items around previous recycling bins placed in designated areas. 4. Councilwoman Spiro explained concerns expressed to her by a lady desiring to make comments on recent Planning Commission issues. She was told at previous meetings to make her comments at later meetings during architectural review and then told at those meetings that her concerns should have been brought up during earlier meetings. Council requested City Manager to check into the matter. 5. Councilwoman Gallagher expressed her interest to attend the League of California Cities meeting on September 8, 1994 in San Diego. She mentioned a resolution she wanted to represent that was previously adopted by the Council to which Councilman Hollingsworth responded that Council needed to review which resolution she was referring to so Councilwoman Gallagher could present it as representing the City. Councilwoman Spiro explained that this was not a Conference meeting but a Committee meeting referenced by Councilwoman Gallagher. Rohnert Park City Council Minutes (14) August 9, 1994 Matters from/for Council (cont'd): Councilwoman Spiro further explained that she would be attending the Conference meeting as the Council representative previously appointed and the referenced resolution would come through the Revenues and Taxation Board. Mayor Reilly confirmed Councilmembers do not need special authorization to attend such meetings as requested above by Councilwoman Gallagher but related expenses would be deducted from designated allocations for the individual Councilmember. 6. In response to Councilwormn Gallagher's inquiry, Council recommended an update on the Monterey Conference be scheduled on the next agenda. 7. Councilwoman Gallagher asked about designated painting of curbs as a project for interested youth. City Manager Netter responded that the issue had been discussed at staff level with conclusion that the aftermath of up -keep would not be worth the effort. Staff has taken the approach over the past 10 years not to paint the curbs because of the extensive effort involved. City Engineer Brust reviewed procedures of the of Public Works Department for maintenance of storm drains, etc. Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an Appearances appearance at this time. Adjournment Mayor Reilly adjourned the meeting at approximately 10:00 p.m. to 6:00 p.m.,Tuesday, August 16,1994 for General Plan Update Work Session to be held at 6750 Commerce Boulevard in the City Council Chamber. a_, --- , �/ - De Cit lerk 67 jh yor