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1994/12/13 City Council MinutesRohnert Park City Council Minutes December 13, 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 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. Roll Call Present: (5) Councilmembers Flores, Gallagher, Reilly, Spiro and Mayor Eck Absent: (0) None Temporary Youth Committee present: Jennifer Mello 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 Fire Services Commander Shields. Mayor Eck advised that a closed session commenced this evening at 6:00 P.M. to discuss litigation matters and real estate negotiations. The litigation matters were regarding the Hillsboro vs. City of Rohnert Park and Sime I vs. City of Rohnert Park. The real estate negotiations were related to the proposed mobile home parks purchase program. City Attorney Flitner will review these items later as noted on the meeting agenda. Mayor Eck stated that no action was taken and there was nothing further to report at this time. Approval of Minutes - Councilmember Spiro requested that "California" be added to page 1 of the December 6, 1994 minutes where it referenced Article XIII of the Constitution. Councilmember Spiro also requested that a correction be made to page 3 of the December 6, 1994 minutes where it erroneously stated she was selected as Mayor instead of Vice Mayor. Councilwoman Gallagher noted that Steve Thornton's name was spelled incorrectly on page 12 of the November 29, 1994 minutes. Upon motion by Councilmember Spiro, seconded by Councilwoman Gallagher, with Councilmembers Flores and Reilly abstaining on the November 29, 1994 minutes, the minutes of November 29, 1994 and December 6, 1994 were approved with the above noted corrections. 1 City Council Minutes December 13, 1994 Approval of Bills Councilmember Spiro commented that, upon reviewino the list of bills, she wanted to be sure that local businesses are patronized whenever possible. City Manaqer Netter reviewed the list of bills on which Councilwoman Gallagher had questions as follows: Check #64261 - Bay Career Woman was a deposit refund on Community Center; #64287 - Dennett Tile was for repair of tiles at the Sports Center; #64322 - Jim & Jim's was to repair some valves at the Department of Public Safety; and #64374 - Pure Luxury Limosine was for removal of cement from vehicle which had accidentally splashed on the 'A­ i — ._f, -L, hn i -^ nawi., w,ng rd h" } L.., - a +z..,. •,.ii.v .� ..i..,: iivy .,:..j �. ..... i..y F:ci i -i �i_;j ::j ...iG ai. department. Upon motion by Councilmember Spiro, seconded by Councilwoman Gallagher, the bills presented per the attached list in the amount of $977,404.00 were unanimously approved. Non - agendaed items Mayor Eck asked if any Councilmember had any items to add to the agenda. Councilman Flores requested that the matter of the "G" Park lights be placed on the next agenda. Councilmember Spiro advised she had six (6) items to add; Councilwoman Gallagher informed she had two (2) miscellaneous items; Mayor Eck stated he had one (1) to add; and City Manager Netter advised that he had three (3) miscellaneous items to add. Unscheduled Public Mayor Eck stated that in compliance with State Law (The Appearances Brown Act), citizens wishing to make a comment may do so at this time. Persons speaking under unscheduled public appearances are requested to submit completed speaker cards to the recording clerk. Steven Thornton, 711 Wheeler Street, Santa Rosa, congratulated Councilman Reilly on his re- election to the City Council and welcomed Councilman Flores on his return to the Council. He then offered his opinions on the separation of church and state and spoke in opposition to the City Council holding an invocation at the first meeting of the year. Violet Moir, 411 Sonoma Lane, Rohnert Park, spoke in favor of having an invocation at the beginning of the year and read from a statement she had prepared regarding same, a copy of which is attached to the original set of these minutes. Dennis G. McCormack, 1431 Jasmine Circle, Rohnert Park, informed he is a member of the Ministerial Association and the Snyder Lane Baptist Church and that he supports the City holding the annual invocation. He stated that he feels it is appropriate for the City to rent building space to various religious groups. He feels that churches 2 City Council Minutes December 13, 1994 make a valuable contribution to cities and society. Councilwoman Gallagher stated that she feels it is not about what contributions churches make and that she will leave the room if an invocation is held during the January 10, 1995 meeting. Discussion ensued, during which Councilman Reilly informed he chose to exercise his option the first meeting this year by having an invocation and that he feels it should be up to the Mayor to choose. Councilmember Spiro added that she agrees with Councilman Reilly and that she looked up Article 6 of the Federal Constitution and there is no reference to any religious text relative to holding governmental office and that the City Council is not forcing religion on anybody. Mayor Eck advised that he intends to invite representatives from all points of view to the January 10, 1995 City Council meeting, that he has spoken to a representative from the the ACLU, and is putting together something that he feels would be appropriate for that meeting. Joe Boyle, 1372 Mattice Lane, Rohnert Park, said that he had come to tonight's meeting to speak on the matter of the cable television franchise and would wait for that item to come up later on the meeting agenda, but that he wanted to voice his support of the City Council holding an invocation the first meeting of the year and gave a brief history of his experiences with matters of church and governmental affairs. Al Barr, 5746 Dexter Circle, Rohnert Park, was recognized and spoke from the audience stating that Mayor Eck could read what he had written on his speaker card relative to the proposed new striping of the Public Safety vehicles. Mayor Eck read from the card, which card is attached to these minutes as part of the record of this meeting. Ben Friedman, 655 Enterprise Dr., Rohnert Park, was recognized and stated that he feels having a prayer at the beginning of a meeting is a beautiful thing and referred to our nation's history. C O N S E N T C A L E N D A R Mayor Eck 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. 3 City Council Minutes December 13, 1994 Resolutions: No. 94 -191 CALLING FOR SEALED PROPOSALS FOR A CHLORINE GENERATION SYSTEM No. 94 -192 APPROVING AN AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND WHITMORE, JOHNSON & BOLANOS, ATTORNEYS AT LAW, FOR LEGAL SERVICES TO BE PROVIDED TO CITY No. 94 -193 APPROVING COPS FAST GRANT APPLICATION FOR MIDDLE SCHOOL /NIGH SCHOOL RESOURCE OFFICER Nn QA -1Qd 0PjP'TTNr, N ATM np r'TNnV PAMFI A WHTTF (PF Al 1 Fr Fn. TQTP AND FALL) Ordinance No. 596 AMENDING CHAPTER 8.32, USE OF TOBACCO IN PUBLIC PLACES, OF THE ROHNERT PARK MUNICIPAL CODE TO CONFORM WITH AB13, SMOKING IN ENCLOSED PLACES OF EMPLOYMENT Upon motion by Councilwoman Gallagher, seconded by Councilman Flores, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Youth Committee Report - Repre highlights that the Council. last two automobile sentative Jennifer Mello gave a report on the of the last Youth Committee meeting, stating Committee requested a name change to Teen Jennifer also apologized for not attending the City Council meetings due to being in an accident and not feeling well enough to attend. Councilwoman Gallagher indicated she knew two youths (names not given) interested in the committee and requested them to make a presentation at the next City Council meeting of January 10, 1994. Mayor Eck stated that they could be scheduled under Scheduled Public Appearances. Scheduled Public Appearances: 1. Lewis Kuehm of the Rohnert Park Founders Days Association referred to a letter and list of activities proposed for the September 16 & 17, 1995 Founders Days celebration, noting that Bob Dennett has accepted the role as Grand Marshall for next year. 2. Dave LaFever, Pacific Gas & Electric Company representative, referred to his report dated December 5, 1994 on unplanned power outages within Rohnert Park, a copy of which report is attached to the original set of these minutes. Mr. LaFever explained the causes of some of the outages and PG &E's plans to hopefully eliminate them. 4 City Council Minutes December 13, 1994 Discussion followed. Upon motion by Councilmember Spiro, seconded by Councilman Flores, and unanimously approved, PG &E will resume providing quarterly outage reports as they had done in the past. (Calendar quarters) State Farm Insurance Representative re. Fire Sprinklers - Mayor Eck stated there is an insurance representative present tonight who had requested to be placed ahead on the agenda because she was supposed to leave at 7:30 p.m. Since the time is now 7:40 p.m., the Mayor called Heidi Kibbe of State Farm Insurance to come ahead and make her presentation. Heidi Kibbe informed the Council that, according to State Farm Insurance statistics, the installation of fire sprinkler systems has proven to save lives and that 96% of fires in sprinklered homes have saved lives, with only 4% of systems that failed due to the water supply being turned off. She said that State Farm Insurance Company strongly supports the installation of fire sprinklers and that it recommended sprinklers be installed during new construction as retrofitting after the fact is both difficult and costly. She also informed that the insurance industry gives up to 20% credit for sprinklered commercial buildings and anywhere from 2% to 20% credit on sprinklered residential dwellings. Mayor Eck thanked Mrs. Kibbe for her presentation. Mobile Home Park matters: 1. Mobile Home Park Purchase Program - City Manager Netter reviewed the program related options. He stated that this matter was discussed in closed session and solicited the City Council's direction now that they have reviewed the proposed purchase prices, appraisals, and other information related to the possible. sale of the Rancho Feliz and Las Casitas mobile home parks under the Mobile Home Park Purchase Program, which may include condemnation or threats in the event the Council wants to proceed. Discussion followed. A motion was made by Councilman Reilly, seconded by Councilman Flores, and unanimously approved, to authorize the expenditure of up to 810,000 to complete the engineering study on the infrastructure of Rancho Feliz and Las Casitas, to review the costs to set up a Community Services Agency including liability insurance, to not contact the mobile home residents just yet, and to prepare a draft Community Development Block Grant (COBG) application for the assistance with this purchase program. 5 City Council Minutes December 13, 1994 2. Sime 1 vs. City of Rohnert Park - City Attorney Flitner reviewed the status of the Sime litigation, notinq that the decision is becoming final. He advised that the City's request for attorney's fees has been granted and requested the Council's direction regarding other related costs. Discussion followed. Upon motion by Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, the City Attorney was directed to go after the Attorneys fees plus the court costs involved in this case. Comprehensive Annual Finance Reports for Fiscal Year Ended June 30, 1994 - City Manager Netter referred to the six items listed on the agenda and introduced Ernest Gini with Macias & Company, the City's external auditors. Mr. Gini responded to Council inquiries regarding the reports and added that the auditing firm is of the opinion that the City of Rohnert Park is in strong financial condition and does not have to worry about dealing with the type of problems which have recently arisen with Orange County as Rohnert Park investments are sound. Discussion followed. Councilman Reilly asked who staff's response to the Management Letter would be referred to and was advised that it would go to the Council with a copy to Macias & Company. Councilwoman Gallagher requested a simple explanation of the reports be given to the audience so that they might better understand the auditing process. Ernest Gini complied with the request and reviewed the audit process. Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, and unanimously approved, the reports presented by external auditors Macias & Company were formally received and accepted. Business License Ordinance - Mayor Eck advised that since this item is scheduled for public hearing and noting the hour, he would move this item ahead on the agenda in the event the public wanted to speak on the matter. City Manager Netter referred to his Council Meeting Memo dated December 9, 1994 for explanation of the minor changes to the current Business License Ordinance. He added that an individual did approach him regarding the fee for small contractors and that it would be a possibility to further amend the ordinance later if the Council so desired to change the provision for small contractors. Mayor Eck opened the public hearing on Ordinance No. 594 relative to business license amendments. There being no one desiring to speak, Mayor Eck closed the public hearing. City Council Minutes December 13, 1994 Discussion followed. Ordinance No. 594 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTERS 5.08 AND 5.12 OF THE ROHNERT PARK MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, with a friendly amendment that this matter will be brought back on the next agenda to further discuss provisions for small contractors, and unanimously approved, Ordinance No. 594 was adopted. Residential Fire Sprinklers - City Manager Netter explained the two ordinance options listed on the agenda and referred to a report prepared by staff. He also stated that Department of Public Safety Fire Services Commander Shields was present to answer any questions which may arise. Mr. Netter also advised that the public hearing listed on the agenda had been duly noticed. Mayor Eck opened the public hearing on residential fire sprinklers. Charles Kitchen, 4945 Fern Place, Rohnert Park, suggested that the Council institute a "hot spot" system and that, according to his calculations, it would cost approximately $1.00 per square foot to install a decent system. He also said that the San Francisco Fire Department would be a good source of information on fire sprinkler systems. Peter Benson, representative of Kaufman & Broad, informed that they agree with the costs listed in the staff report for the two types of systems. He suggested waiting until the State Fire Marshall adopts standards before the City mandates a fire sprinkler requirements program. Charlie Carson, Executive Vice President of the Building Industry Association, reviewed results of a survey taken by the Association and suggested that for now smoke detectors are adequate. He recommended the City wait until fire sprinkler standards are adopted into the Uniform Fire Code before proceeding with its requirements. Public Hearing Closed - There being no one else desiring to speak, Mayor Eck closed the public hearing. Discussion followed wherein Councilman Flores inquired if both sytems are adequate to protect residents. 7 City Council Minutes December 13, 1994 Fire Services Commander Jack Shields was recognized and further informed the City Council on both systems. He advised that either system is desirable, with the one full system being more comprehensive. Discussion followed whereby various views were expressed regarding having full sprinkler systems installed in newly constructed homes, i.e. in the garage /living space /attic space versus the "hot spot" system whereby sprinklers would be installed over the kitchen, garage, furnace, and any other areas with a fire source. F. rminrilwnman (allagher referred to State unfunded mandates and is concerned that the City may be doing the same thing. She felt that the costs for installing the fire sprinkler systems would be prohibitive and may place a hardship on some residents and that she feels they should be offered as an option, not a requirement. Councilmember Spiro said we should put lives ahead of money and she believes that a full sprinkler system should be required, if any. Councilman Reilly stated that he believes the "hot spot" system makes economic sense. Councilman Flores added that he believes the "hot spot" ordinance will provide an acceptable level of protection. Ordinance No. 598 AMENDING CHAPTER 15.28 OF THE ROHNERT PARK MUNICIPAL CODE REQUIRING AUTOMATIC SPRINKLER SYSTEMS IN SINGLE FAMILY DWELLINGS (HOT SPOT SYSTEM) Upon motion of Councilman Reilly, seconded by Councilman Flores, and the following roll call vote, Ordinance No. 598 was introduced. AYES: (3) Councilmembers Flores, Reilly, and Eck NOES: (2) Councilmembers Gallagher and Spiro Councilmember Spiro wanted to note that the reason she voted no is because she feels a full fire sprinkler system should be required. RECESS Mayor Eck declared a recess at approximately 8:35 p.m. in order to proceed with the Community Development Agency meeting as scheduled. RECONVENE Mayor Eck reconvened the City Council meeting at approximately 9:11 P.M. with all Councilmembers present. 1993/94 Revenue & Expenditure Reports - City Manager Netter referred to the report which had previously been provided to the Council and which was a supplementary report summarizing actual revenues and expenditures as compared to the budget F. City Council Minutes December 13, 1994 revenues and expenditures for fiscal year 1993/94. He commented that Finance Director Harrow did an exceptional job on the footnotes and that it was a thorough report. Mayor Eck stated that it was a good report and contained good news for the City. Appointments to Commissions /Committees /Boards - Mayor Eck referred to the various commissions listed on the agenda which have terms due to expire on December 31, 1994 and some positions left vacant due to resignations. Planning Commission Upon motion of Councilman Flores, seconded by Councilmember Spiro, Dan Grumley was nominated to serve on the Planning Commission. Discussion followed during which Councilwoman Gallagher stated she did not feel the open position was properly noticed, to which statement Councilman Flores replied that there was an article in The Community Voice newspaper. Councilman Reilly stated that he would not support the nomination in light of some statements that had been made by Mr. Grumley during this past November City Council election campaign. Councilmember Spiro commented that she feels enough sides have been taken and that the Council should look to the future and pursue a fresh start. Mayor Eck stated that he supports honoring Council nominations, but this time he must agree with Councilman Reilly. The nomination of Dan Grumley to the Planning Commission failed on the following roll call vote: AYES: (2) Councilmembers Flores and Spiro NOES: (3) Councilmembers Gallagher, Reilly, and Eck Upon motion of Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, Richard O'Connell was reappointed to the Planning Commission for another two (2) year term which would expire on December 31, 1996. It was the consensus of the City Council that all other expiring terms on the Planning Commission will be considered at its meeting of January 10, 1995. Parks and Recreation Commission - Upon motion of Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, Susan Allred was reappointed to serve another two year term on the Parks and Recreation Commission, which term shall expire on December 31, 1996. 9 City Council Minutes December 13, 1994 Upon motion of Councilmember Spiro, seconded by Councilman Flores, and unanimously approved, Elizabeth Desmond was reappointed for a two year term on the Parks and Recreation Commission with said term to expire December 31, 1996. Upon motion of Councilwoman Gallagher, seconded by Councilman Reilly, Gerald Griffin was reappointed to another two year term on the Parks and Recreation Commission, said term to expire December 31, 1996. A motion was made by Mayor Eck, seconded by Councilman Reilly, and unanimously approved, to reappoint James M. Plaisted for another two year term on the Parks and Recreation Commission, with said term to expire December 31, 1996. A motion was made by Councilman Flores, seconded by Councilwoman Gallagher, and unanimously approved, to reappoint James Stevens to the Parks and Recreation Commission, said term to expire December 31, 1996. Senior Citizens Advisory Commission - It was the consensus of the Council that the three expiring terms listed on the agenda, i.e. John Chase, Florence Jennis, and Lenore Jurgiel be brought back to the meeting of January 10, 1995 and that, in the meantime, an advertisement would be published regarding these terms. Cultural Arts Commission - Upon motion by Councilman Reilly, seconded by Councilman Flores, and unanimously approved, firm Danes-1 was reappointed for a four year term on the Cultural Arts Commission. Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, and unanimously approved, Mark Luca was reappointed to serve a four year term on the Cultural Arts Commission. Mobile Home Parks Rent Appeals Board - City Attorney Flitner said it might be best to hold off on these appointments at this time. It was the consensus of the City Council that the open positions on the Rent Appeals Board shall be advertised and will be placed on the January 10, 1995 agenda. All expiring terms would be automatically extended past Deecember 31, 1994 until appointments /reappointments are made. Bicycle Advisory Committee - It was the consensus of the Council to advertise for the vacancy left by Andrew Hutchins to seek applicants forfor. this two year itnr.,,, this 4„V 't�0, a.Vl 111. 10 City Council Minutes December i3, 1994 Upon motion of Councilman Flores, seconded by Councilwoman Gallagher, and unanimously approved, Jake Mackenzie was reappointed to serve a two year term on the Bicycle Advisory Commitee. Sister City(s) Relations Committee - The Council acknowledged that Lena Bloeser had moved out of the area and that the Sister City(s) Committee usually makes a recommendation for members to the Council whenever a prospective new member expresses an interest in joining the Committee. Upon motion of Councilwoman Spiro, seconded by Councilman Reilly, and unanimously approved, Mike Grubler and Ron Rasmussen were both reappointed to serve a two year term on the Sister City(s) Relations Committee, with said terms to expire December 31, 1996. City Council Committee /Liaison Appointments - City Manager Netter advised that the Council has been provided with a listing of the current liaison assignments. Mayor Eck suggested that each Councilmember list those committees and boards they are interested in and bring their selections back to the January 10, 1995 meeting. Council concurred. Seed Farm Drive proposed improvements along State Farm Insurance Company frontage - City Manager Netter referenced his Council Meeting Memo dated December 9, 1994 regarding the proposed project and pointed out on a map on display the lands owned by State Farm Insurance adjacent to the Corporation Yard which the City is interested in trading off to expand the Corporation Yard. He stated if the Council approves of this plan in concept, then the City can negotiate further with State Farm Insurance representatives. City Engineer /Director of Public Works Brust reiterated Mr. Netter's comments and stressed the need to expand the City's Corporation Yard for additional parking and storage. Discussion followed. Upon motion of Councilman Flores, seconded by Councilwoman Gallagher, and unanimously approved, staff was directed to meet with State Farm representatives to work on the proposal. Multivision Franchise Transfer to Century Communications - Assistant City Manager Leivo referred to his memorandum on the franchise transfer from Multivision Cable TV to Century Communications. He advised that a formal request for the transfer should be received in approximately 30 days, according to Multivision representatives. If the City does not act within 120 days of receipt of the transfer request, the transfer is automatically approved according 11 City Council Minutes to Federal law. Mr. should not count on new supplier, Century December i3, 1994 Leivo also stated that the residents enhanced services by the proposed Communications. Discussion followed wherein the Council questioned if it may be in the City's best interests to hire a consultant to advise on the franchise transfer. Assistant City Manager Leivo advised that the City cannot automatically open the franchise agreement and that Century Cable would have to do it. Joseph Boyle, 1372 Mattice Lane, Rohnert Park, referred to his letter dated December 8, 1994 addressed to Mayor Eck (a copy of which is attached to the original set of these minutes). He suggested that an audit of the cable services be conducted and is concerned about the rights of the residents when the transfer takes place. He urged the Council to write directly to the Chairman of the FCC at 1919 M, N.W., Washington, D.C. to notify them we are opposed to the transfer. Councilmember Spiro stated she feels Mr. Boyle's letter has a lot of merit. Discussion followed. Upon motion of Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, staff was directed to solicit a proposal from Carl Pilnick, consultant on cable television service, to assist in the transfer, which may include an audit of the cable television services conducted, and have recommendations brought back to them before Century Communications takes over the franchise. Community Development Block Grant, HOME and Emergency Shelter Grant Programs - City Manager Netter referred to his Council Meeting Memo dated December 9, 1994 which states local agencies will receive $2.4 million in CDBG funds, $900,000 in home funds, and $75,000 in emergency shelter grants. Assistant City Manager Leivo advised that four project applications will be presented to the Council at a later date relative to (1) first time homebuyer program, (2) mobile home park purchase program, (3) mobile home earthquake resistant bracing program, and (4) a small business revolving loan program. Discussion followed. Upon motion of Councilman Reilly, seconded by Councilman Flores, and unanimously approved, staff was directed to complete the application including the above - referenced projects, then set the matter for City Council discussion /consideration of priorities and for public hearing at the City Council meeting of January 24, 1995. 12 City Council Minutes December 13, 1994 Communications Communications per the attched outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Transportation and City Manager Netter referred to a letter received from the Land Use Sonoma County Transportation & Land Use Conference, taking Conference place on February 11, 1995, in which they request our City's permission to list Rohnert Park as a co- sponsor on the literature for this event. It was the consensus of the Council to grant the request and staff was directed to notify the Sonoma County Transportation & Land Use Conference representatives of same. Telecommute Center City Manager Netter referenced the invitation from Sonoma County transit and Sonoma State University to attend the new Telecommute Center on the campus at SSU and recommended the City Council stop by to see it if and when they get the chance; that an open house is scheduled for Friday, December 16, 1994 at 4:00 p.m. City Manager's report: 1. Results of LAFCO meeting on 22 acres /Wilfred Avenue area - City Manager Netter briefed the Council on discussions held at LAFCO regarding the request to waive a LAFCO policy on the 22 acres in the City's sphere of influence on the west side of U.S. 101 freeway. Discussion followed. 2. Assistance Dog Institute /T's Academy -Sewer Plant Land - City Manager Netter informed the Council that he is in the process of setting up a meeting with Paul Golis on this matter and will report progress following that meeting. 3. Publication of City Ordinances - City Manager Netter advised that, in accordance with legal requirements, staff is now having all ordinances published in the local newspaper, The Community Voice, now that it has been certified as a newspaper of general circulation, in addition to posting and other required distribution. 4. City Employee /Commission Appreciation Affair - City Manager Netter informed that January 20, 1995 was selected as a possible date for the City employees appreciation affair and that he and City department heads have discussed having a less formal type event at the Community Center with a barbecue at which department heads would be doing the cooking and serving, maybe a small casino program for fun and prizes, and music. He explained that this event will be far less expensive than events in the past. 13 City Council Minutes December 13, 1994 City Manager Netter stated that it has also been suggested to have the Commissioners Appreciation Affair at the Dorothy Rohnert Spreckels Performing Arts Center as was done this year. Refreshments would be served and would be followed by attending the "1940's Radio Hour" performance. The tentative date for this event is April 21, 1995. Mr. Netter requested the Council's direction cencerning these two events. Discussion followed, upon conclusion of which the City Council concurred with staff's dates and ideas for the anrtwor i at i nn Pvant_c 5. Purchase of Earthquake Insurance for City Facilities - City Manager Netter informed the Council that he had authorized the purchase of earthquake insurance and that the City has saved some money, as only the major buildings and facilities were included. 6. Workers Compensation Refunds - City Manager Netter reported on successes resulting from the City's workers compensation program, with receipt of a refund check in the amount of $359,952 from REMIF. 7. New striping for Public Safety Vehicles - City Manager Netter said the Department of Public Safety has suggested, following its strategic planning meetings, to change the striping on Public Safety vehicles to help in identification of police /fire and emergency vehicles. He pointed out an example on a drawing on display. Discussion followed whereby the Council requested that this item be carried over. 8. Traffic control by Wal Mart - City Manager Netter advised that traffic control on Redwood Drive in the Wal Mart area has worked great and would continue through the holidays. He indicated that Vice Mayor Spiro had suggested similar traffic control personnel be used at the intersection of Commerce Blvd. at the Expressway. City Manager Netter and Director of Public Works Brust commented on Cal Trans agreeing to readjust the traffic light at the Expressway and US 101 offramp. This will help the bottleneck. 9. Woolsey's Actions re Flood Zone - City Manager Netter referenced a news release received from Congresswoman Lynn Woolsey's office indicating she had been instrumental in finally having a portion of the residential area in the northeast corner of the city removed from the flood zone, thus saving residents from having to pay flood insurance. The City Council directed that a thank you letter be sent to Congresswoman Woolsey for her fine efforts. 14 City Council Minutes December 13, 1994 10. Roofs at Creekside Middle School - City Manager Netter referenced a drawing on display indicating the colors for the roofs at the new Creekside Middle School. The Council indicated the colors are acceptable. City Attorney's report: 1. League of California Cities /City and County of San Francisco amicus request - City Attorney Flitner explained that this matter involves the lack of entitlement of cities to disqualify contractors from bidding on public works contracts as a result of dishonest conduct by the contractor. City Attorney Flitner recommends supporting the amicus request. Discussion followed, during which the Council directed that the City Attorney take neccessary actions to have our city join in the amicus request. 2. Farmers Insurance Group and Craig Nelson vs. County of Santa Clara - amicus brief request - City Attorney Flitner enlightened the Council as to the details of this request, stating that it is a matter of sexual harrassment between Farmers Insurance Group female employees and a sheriff's deputy. He added that he does not feel it appropriate for the City join in this type of amicus request. Council concurred. 3. Hillsboro lawsuit /capital improvements - City Attorney Flitner solicited the Council's direction on appeal of this matter. The Council authorized City Attorney Flitner to appeal. Meeting continuance - Mayor Eck noted the lateness of the hour, the time being approximately 10:12 p.m. and asked if the Council desired to continue. Upon motion of Councilmember Spiro, seconded by Councilwoman Gallagher, and unanimously approved, Mayor Eck continued with the meeting's agenda. Matters from /for Council: 1. Golf course holiday schedule - Councilmember Spiro requested this item on tonight's agenda because she had received complaints about Mountain Shadows Resort charging holiday rates the day after Thanksgiving. She solicited the Council's support in requesting that holiday rates be allowed on the Columbus Day holiday (an official holiday) and deleting holiday rates the day after Thanksgiving. Discussion followed. Upon motion by Councilmember Spiro, seconded by Councilwoman Gallagher, and unanimously approved, staff was directed to meet with Mountain Shadows representatives to amend the agreed upon holiday rate schedule to indicate 15 City Council Minutes December 13, 1994 allowing the holiday rates for Columbus Day and deleting the holiday rates for the day after Thanksgiving. 2. Rohnert Park Chamber of Commerce relations - Councilman Reilly requested the Council's support in directing that the liaison to the Chamber of Commerce meet with Chamber representatives to determine what they meant when they indicated the Council was not supportive of local businesses in a newsletter published during the November election campaign. He stated that maybe the City should take a second look at the Chamber of Commerce during the next budget considerations. 3. Press Conference - Sonoma County Professional Baseball - Mayor Eck indicated that he would be attending the December 14, 1994 press conference announcing the manager and mascot for the new baseball league coming to town. 4. December 27, 1994 City Council meeting - Upon motion of Councilmember Spiro, seconded by Councilwoman Gallagher, and approved, with a dissenting vote by Councilman Reilly, the December 27, 1994 City Council meeting will be cancelled due to the holidays. 5. Senior Center report - Councilmember Spiro reported that 2,400 people had attended the Senior Center during the month of October and noted the increase of activities and attendance throughout the past several months. She said it has been suggested by the seniors to make Rohnert Park a "destination" for seniors from other cities and to provide tours of Rohnert Park for such groups. The Council suggested Councilmember Spiro have a proposal prepared for review at the next City Council meeting under "Council Committee Reports." Handicapped Parking - Councilmember Spiro questioned why, in a number of areas, there is a curb on the driver's side of a handicapped vehicle parking spot, thus making it difficult for the driver to get out of the vehicle. She commented specifically on the curbs by Americraft in the Laguna Verde Industrial Park. Staff was directed to check this out. 7. Travel Policies - Councilmember Spiro requested that City Council travel policies be placed on the next agenda. 8. Waste Management Invitation - Councilmember Spiro noted that she had attended a dinner sponsored by Waste Management while she was attending the League of California Cities annual conference and received an announcement after the fact (Correction made at which indicated anxxsmbb)Atxxi§"�xx4MtVxrsWx Wxryyt-ilic r + ' 1 i l i i iiy irwrnvfrv•h• <cc lwo )DYJe. the COSt 1, I l.y %r oui of January 10, 1995- of the meal. She feels the cost was excessive and would not by Councilmember have attended the dinner if she had known the amount. Spiro.) 16 ulLy uouncii minutes December 13, 1994 9. January 10, 1995 agenda - Councilwoman Gallagher requested several items for the next regular City Council agenda, to wit: (1) Youth Committee report; (2) "G" Park lights; (3) what is happening with the library expansion proposal; and finally, "Merry Christmas, everyone." General Plan Meeting It was the consensus of the Council that the work session on the Second Draft of the General Plan will be held on Tuesday, January 3, 1995, 7:00 p.m. to 9:30 p.m. in the City Council Chambers. Other unscheduled public appearances: Linda Branscomb, 21 Anne, Rohnert Park, was recognized and requested the City work with Empire Waste Management to have garbage bins for recycle materials be placed in Sonoma Grove. Adjournment: There being no further business and no one desiring to speak, Mayor Eck adjourned the meeting at approximately 10:20 p.m. to the General Plan meeting on January 3, 1995 at 7:00 p.m. eA" Deputy City Clerk Mayor I 17 JAMES J. REILL.Y, JR. MAYOR DECEMBER 1993 TO DECEMBER 1994 ACCOMPLISHMENTS PROJECTS: ANIMAL SHELTER COMPLETION - $1.3 m°tLLION FINISHED WASTEWATER PUMP STATION - $3.1 MILLION COMPLETION OF BODWAY PARKWAY EXTENSION TO OPEN OUTLET TO SOUTH APPROVAL OF SIX TRAFFIC SIGNALS APPROVAL OF EXPRESSWAY BRIDGE IMPROVEMENTS TO FACILITATE TWO THROUGH -LANES EACH DIRECTION (EAST /WEST) PARTNERSHIP WITH BURBANK HOUSISNG - COMPLETED TOWER APARTMENTS (AFFORDABLE HOUSING PROJECT) - 51 UNITS INSTITUTED FIRST -TIME HOMEBUYER PROGRAM WITH 1ST SECURITIES LOAN CORPORATION INITIATED $10 MILLION MORTGAGE CREDIT CERTIFICATE PROGRAM YOUTH PROGRAMS: FREE FRIDAYS PROGRAM FORMATION OF TEMPORARY YOUTH COMMITTEE TO ASSIST IN THE ESTABLISHMENT OF A YOUTH COMMITTEE /COUNCIL WELCOMED VOLUNTEER CENTER TO ROHNERT PARK BOYS & GIRLS CLUB ESTABLISHED IN ROHNERT PARK - LEASE OF SOUTHWEST BOULEVARD STATION INSTITUTED A BOXING PROGRAM FOR AT -RISK YOUTHS 1 SPORTS: NORTH BAY BREAKERS STADIUM USE - PRO BASEBALL TEAM (WESTERN BASEBALL LEAGUE) AT ROHNERT PARK STADIUM OTHER ACCOMPLISHMENTS: GENERAL PLAN - PROGRESS MADE, ESPECIALLY IN HOUSING ELEMENT, TO BE IN COMPLIANCE WITH STATE CREATED JOINT POWERS AGENCY FOR CABLE TV REGARDING RATE REGULATIONS FOR MULTIVISION CABLE IMPLEMENTED BACKYARD COMPOSTING PROGRAM & EDUCATION EXECUTED OUTSIDE SERVICES AGREEMENT WITH COTATI -RP UNIFIED SCHOOL DISTRICT FOR "CREEKSIDE MIDDLE SCHOOL" OFF SNYDER LANE CHAMBER OF COMMERCE'S MOVE TO SONOMA COUNTY WINE CENTER LAGUNA APARTMENTS COMPLEX APPROVED FOR WEST SIDE (GENERAL PLAN AMENDMENT AND REZONING) ADOPTION OF ORDINANCE FOR INTEREST ON SECURITY DEPOSITS REZONING OF HP LANDS FOR KAUFMAN & BROAD PROJECT SALES TAX GROWTH - 13% OVER PRIOR YEAR ($443,000) DUE TO WEST SIDE DEVELOPMENTS PURCHASE OF STREET LIGHT SYSTEM FROM PG &E $751,000 PUBLIC SAFETY ITEMS: HIRED NEW PUBLIC SAFETY DIRECTOR & FIRE SERVICES COMMANDER INSTITUTED "D.A.R.E. PROGRAM" IN ELEMENTARY SCHOOLS IMPLEMENTED COMMUNITY POLICING PROGRAM DEVELOPED BICYCLE PATROL PROGRAM INCREASED FIRE SERVICES BY ADDING FIRE SERVICE SPECIALISTS INSTITUTED, ALONG WITH COUNTY, A MULTI - AGENCY GANG TASK FORCE EXPANDED ON "NEIGHBORHOOD WATCH" PROGRAM CLOSED CAMPUS AT HIGH SCHOOL TO ALLEVIATE INCIDENTS AT UNIVERSITY PARK 2 IMPLEMENTED THE CURBSIDE YARD WASTE PICK -UP PROGRAM WITH VARIABLE CAN RATES TO MEET CITY`S AB 939 REQUIREMENTS ENHANCED SISTER CITY RELATIONSHIP WITH HASHIMOTO CITY, JAPAN - DELEGATION VISIT TO ROHNERT PARK AND MAYOR & DELEGATES VISIT TO HASHIMOTO CITY ADVANCEMENT OF MOBILE HOME PARKS PURCHASE PROGRAM MAJOR ADVANCEMENT ON CLEAN -UP OF UNDERGROUND STORAGE TANKS INSTITUTED REGULAR TOWN HALL MEETINGS ROHNERT PARK FIRST CITY TO STEP FORWARD ON "NO SMOKING IN PUBLIC PLACES" AND ADDED "NO SMOKING" AT BINGO OPERATIONS ESTABLISHED A BICYCLE ADVISORY COMMITTEE 3 MISMIM wl�� �� s ��� ,� A� T77 CITY COUNCIL SPEAKER CAM DATE / �- Nc-me.. Phone Address TOPIC 1 (9 f Zj'Vlj p 5 A , CP P Brief sumawy of camients: GAP kh r- -won- C r OA w U I Tl—q r e) is /is /9 y December 13, 1994 Rohnert Park City Council Members of the Council and Staff. We have about 20 churches in our city. For a population of about 40,000 people, that's alot of churches. I'm sure that we also have people who live here and go to church in near by communities. There is obviously an interest in religion in this city. If the City Seal has religious symbols in it, it is because the Seal represents the makeup of the community, just as you might have a school, stores, trees, or other items the city is composed of. The city renting property to churches in the communtiy is a business deal, not a declaration of belief, if renting a house to someone meant that the owner supported your beliefs, it would be necessary to have that question on rental applications. Our country was founded on religious freedom, not religious oppession. As the families moved west and established new towns, a church was always included as well as a general store, school and a saloon. The churches have been and still are a vital part of the community. If the people who are complaining about our Invocation had their house burn down, and the Salvation Army or other religious group offered them food and shelter, are they going to turn down the help? I am offended by these atheist coming from out of town and pushing their atheist views on us. The Invocation would be meaningless to an atheist, so there would be no reason for them to be offended, and these people don't even live in Rohnert Park, so they should have nothing to say about what we do. They probably haven't even been at the meeting when we had the Invocation. The Invocation is only a few minutes of one meeting a year. The Council meets at least 24 times a year. I suggust that people who have a problem with this could .. 1. come late to that meeting, or 2. Step outside for a few minutes, or 3. Don't come to that one meeting. I'm proud to be living in a city where the first council meeting of the year in opened with an Invocation, and I hope this custom is continued. Sincerely, Violet Moir 411 Sonoma bane Rohnert Park, CA 94928 r Mp P�wl I Me 8 December 1994 Honorable David Eck Mayor of Rohnert Park City y Hal 1 Rohnert Park ,0 CA 94928 Dear Mayor: Carl Leivo informed city council that Multi Vision Cable TV had been soldA during council's regularly scheduled meeting of Tuesday, November 29th. Yesterday's :he Coppanity Voice has a front page article an this pending franchise sale by Jud Snyder. I urge the council to review the record of Rohnert Park's experiences with the present and past operating companies of this valuable cable franchise before coming to the point of accepting any petition for transfer of any electronic medium franchise to another company. The rights at issue are not those of Multi Vision nor are these rights those of Century Communications Corporation. The rights belong completely to me and my neighbor; and to you and your neighbor. My own experiencesp past and present, with our system have not been happy. HoweverA rather than kick off a barn fire rally to throw an effigy of the franchisee into the highest flames while the crowd cries out in bliss,, I propose that we do an audit. Such an audit will review upon a time-line graph the actions of one single system regardless of the name of the operator. Some of the questions that need to be resolved are as follows: Has the physical plant and the distribution system been of a quality consistent with whatever capital funds the cable rights operator began operations with? If not., then have customer fees been so adjusted as to reflect service quality below both state and national averages? Have the upgrades and replacement components been state of the art when added to our system ? Or have these parts been run- of-the-mill if new; only state of the art when made and bought second hand for Rohnert Park customers? What rate of return has AS.-he franchise been allowed by the PUC and what special tax breaks have been extended by the IRS codes? There should not be a rush. Our rights are paramount here, and all others have been extended our grace and favor. Very profitable grace and favor. First we settle accounts before we even start upon any question of allowing MultiVision to leave. I urge that you, Mayor Eck., as well as each of the members of our Rohnert Park city council, take special care in this expensive business that may appear as being off city budget, yet strikes at the captive wallet of us all. A tax by another name still has thorns and an unpleasant odor. Sincerely, Joseph C. Boyle 1372 Mattice Lane Rohnert Park., CA 94929 792 -1819 cc: City Council members L. Spiro J. Reilly D. Gallagher A. Flores Pacific Gas and Ellectdc Company December 5, 1994 Mr. Joseph D. Netter City Manager City of Rohnert Park 6750 Commerce Boulevard K Rohnert Park, CA 94928 Dear Mr. Netter: 3965 Occidental Road Santa Rosa, CA 95401 -5898 ,ro to Re: Rohnert Park Outaze Report As we discussed, I have prepared a list of all the unplanned electric outages within the City of Rohnert Park for the last two months. • October 8, 1994 - A momentary outage lasting several seconds for customers in the "A" and `B" section occurred when some tree limbs came into contact with our overhead electric distribution lines. At the same time a fuse failed which caused 160 customers to experience an outage of over one hour until the fuses were replaced. • November 15, 1994 - An underground equipment failure caused 580 customers in the "L" section to be without power for as much as seven hours until the problem was isolated and repaired. The area affected was from the intersection of Lancaster Avenue and Liman Way south to Eucalyptus Avenue and west to the city limits on Myrtle Avenue. • November 23, 1994 - A wire splice on the overhead 115,000 volt transmission circuit separated on Redwood Drive which caused one wire to fall onto the 2 1, 000 volt distribution circuit below. This caused a widespread outage to much of Rohnert Park and affected customers from Petaluma to Santa Rosa. The length of the outage varied from several minutes to as much as 3 -1/2 hours. • November 25, 1994 - An underground equipment failure caused the same 580 customers in the "L" section to be without power for a little over three hours until the problem was isolated and repaired. • December 4, 1994 - The same 580 customers in the "L" section experienced three outages which began at 2:00 AM when the underground electric circuit faulted. No trouble was found and the circuit was manually made operational 1 -1/2 hours later. At 7:15 AM the same circuit experienced a momentary outage. Our protection equipment restored power automatically. At 9:01 AM the circuit faulted due to an equipment failure. Service was restored to all but 71 customers at 1:44 AM. A /9q5 portion of the circuit had to be interrupted to 174 of the customers in the southern "L" section at 10:41 PM in order to restore the circuit to a normal condition. Power was restored to these customers again at 11:33 PM. The first two service interruptions were likely due to the equipment that later failed at 9:01 AM. The "L" section has been most affected in Rohnert Park in the last two months, primarily, from November 15, 1994 through December 4, 1994. Of the six recorded outages five have been attributed to equipment failures in the "L" section. The equipment causing the problem is the elbow where the high voltage cables connect to the underground transformers. We suspect this is due in part to the age of the elbows and partly because the underground transformer vaults are filling with rain water. The repeated problem in the "L" section concerns PG &E, as well as our customers. In the next week, our personnel will be opening all of the underground vaults in this area and examining all of the cable elbows utilizing an infra -red device which will help determine if elbows are beginning to fail. We will also determine if there are any other conditions we can correct to avoid future outages. Once the condition of this underground circuit is evaluated, it is PG &E's intent to make whatever repairs or replacements are necessary to ensure reliability of service to our customers. It is possible that more of these elbows will need to be replaced, in which case it will be necessary to curtail service during the replacement. Our construction crews will notify the affected customers in advance so that they may plan ahead for the service interruption. Service reliability to the City of Rohnert Park is a high priority with PG &E. I apologize to the customers affected by these recent outages. We will work to identify any potential problems and correct them as soon as possible. I will attend the City Council meeting on December 13th to answer any questions regarding this report. If you have any immediate concerns please do not hesitate to contact me at 579 -6478. Sincerely, aa4 David La Fever Sr. New Business Representative