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1995/03/28 City Council MinutesRohnert Park City Council Minutes March 28, 1995 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Eck presiding. CALL TO ORDER: Mayor Eck called the regular session to order at approximately 6:40 p.m. and led the pledge of allegiance. CLOSED SESSION report: Mayor Eck advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters, personnel matters, and labor negotiations as listed on the agenda attachment. Some of these items will be briefly reviewed under the City Attorney's Report. No action was taken and there was nothing further to report at this time. ROLL CALL Present: (5) Councilmembers Flores, Gallagher, Reilly, Spiro and Mayor Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, and Director of Public Works /City Engineer Brust. APPROVAL OF MINUTES: City Manager Netter advised the February 27, 1995 minutes for the General Plan Work Session were not yet ready and would be placed on the next Council agenda for approval. Councilwoman Gallagher referred to page 4 of the March 14th minutes regarding the Youth Committee report and said the sentence mentioning a meeting being planned on Sunday should be corrected to meetings were tentatively planned for the second Monday of each month around 4:00 p.m. and youth representatives were asking to have another meeting. Upon motion by Councilman Flores, seconded by Councilman Reilly, minutes of March 14, 1995 were unanimously approved as amended. Rohnert Park City Council Minutes ( 2 ) March 28, 1995 APPROVAL OF BILLS. City Manager Netter responded to Council questions related to the bills. Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, City bills presented per the attached list in the amount of $871,241.13 were unanimously approved. <-L" LI1L1L LLLw• iviayui IX& asked it wunciimemners had any non- agendaeci items to add to the agenda. Vice Mayor Spiro and Councilman Flores signified miscellaneous items to add. UNSCHEDULED PUBLIC APPEARANCES. Mayor Eck stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time. Under legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. 1. Leon Halperin, Student of Sonoma State University and representative of the Political Science Club, shared desires for bridging the gap of communications and being more involved in the local politics of the community of Rohnert Park with active participation in plans toward the future needs of the City, including faculty and student housing needs. r 2. Jim Findley, 620 -29th St., Richmond, Ca. 94804, representative of the Local 1245 International Brotherhood of Electrical Union on behalf of the Circle Drive resident in the area who previously shared concerns related to P.G. &E. downsizing and centralizing. Mr. Findley commented on his background experience with utility installations and dealing with similar problems. He reviewed P. G. & E. impacts comparing the former traditional company with the current worldwide efforts, the affect of centralizing equipment with emergencies, and the need for available local utility work crews and equipment with the importance of Public Safety Personnel and 911 operators. 3. Barbara Van Valkenburg, Circle Drive resident, expressed concerns related to P.G. &E. outages in the Circle Drive area including frustrations with length of time for restoration of utilities, poor communications with P.G.& E. representatives in Sacramento, loss of bulk food purchases, and justification of PUC rate increases. Councilman Reilly leaves/returns Councilman Reilly left the Chamber briefly during the preceding speaker's comments at approximately 7:01 p.m. and returned at approximately 7:03 p.m. Rohnert Park City Council Minutes ( 3 ) March 28, 1995 CONSENT CALENDAR Mayor Eck asked if Councilmembers had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Vice Mayor Spiro requested removal of Resolution Nos. 95 -39 through 95 -41 from the Consent Calendar for discussion and further explanation. City Manager Netter advised the necessity of deferring Resolution Nos. 95 -37 and 95 -38 to the next Council meeting. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 95 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK PROCLAIMING TUESDAY, APRIL 25, 1995 "NATIONAL YOUTH SERVICE DAY" No. 95-35 RESOLUTION CALLING FOR SEALED PROPOSALS FOR THE INSPECTION, MAINTENANCE AND REPAIR OF HEATING AND AIR CONDITIONING EQUIPMENT IN ALL CITY FACILITIES No. 95-36 RESOLUTION CALLING FOR SEALED PROPOSALS, GOLIS PARK LIGHTING, PROJECT NO. 1995 -2 No. 95 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK PROCLAIMING THE MONTH OF APRIL 1995 "EARTHQUAKE PREPAREDNESS MONTH" Upon motion by Councilwoman Gallagher, seconded by Councilman Reilly, with the exception of Resolution Nos. 95 -37 through 94 -42, the remaining Consent Calendar as outlined on the meeting's agenda, was unanimously approved. "NATIONAL YOUTH SERVICE DAY" - Tuesday, April 25, 1995 - Councilman Flores brought attention to Resolution No. 95 -34 adopted herein pertaining to the declaration of this day and urged appropriate recognition of the many diverse efforts of young men and women within the community. Rohnert Park City Council Minutes ( 4 ) March 28, 1995 REMIF CLAIM REFERRALS - City Manager Netter and City Attorney Flitner responded to Council questions and explained the standard procedure for rejection of claims by the City Council in order to proceed with referral of the claims to Redwood Empire Municipal Insurance Fund (REMIF) for proper handling. Resolutions: No. 95 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF MAC A. ARTEAGA (re. flooding) No. 95 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF WILLIMA HARSHANI (re. flooding) No. 95 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF JOHN C. AND ROBIN C. MELLO (re. flooding) No. 95 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF JOHN C. SHEEHAN (re. flooding) Upon motion by Councilman Reilly, seconded by Vice Mayor Spiro, and unanimously approved, reading of Resolution Nos. 95 -39 through 95 -42 was waived and said resolutions were adopted. TEMPORARY YOUTH COMMITTEE REPORT. • City Manager Netter reported a tentative meeting is planned at 10:15 a.m., Thursday, March 30th, 1995 with youth repre - sentatives at the High School during their morning break time. Councilwoman Gallagher had been notified and shared additional comments. Discussion concluded in Council agreement with Mayor Eck's recommendation to place the Youth Committee reports on future agendas under Council Committee Reports until the Youth Committee is fully established. PACIFIC GAS & ELECTRIC report. David LaFever, P.G.& E. area representative including the City of Rohnert Park, shared contents of Rohnert Park Outage Report dated March 22, 1995 regarding electric outages in "C" section. He responded to related Council questions with comments on new P.G.& E procedures and that more subdividers are including utility installations in their construction projects. Mr. LaFever advised letters will be sent to designated customers to let them know the time line for work to be done by P.G.& E. to modify the circuit design in "C" section as described in the above - referenced report. P.G. & E. local construction office phone numbers are provided to cities for more efficient communications so customers do not have to go through other representatives not specifically familiar with local concerns. Rohnert Park City Council Minutes ( 5 ) March 28, 1995 Discussion followed including Council appreciation for the report, compliments to P.G.& E. Representative LaFever for his gracious manner in responding to area concerns, and comparisons with corporate mentality. Jim Findley, representative of Local 1245 International Brotherhood of Electrical Union, responded to above comments, that his communications with designated Executive Officers of P.G.& E. signified that P.G.& E. no longer wants to do the utility installations for developments because of numerous related regulations and requirements like drug testing, etc. Therefore, it should not be projected that developers prefer doing utility installations. MOBILE HOME PARK matters: Mobile Home Park Purchase Program update - City Manager Netter distributed to Council FAX communication received this afternoon from Ecumenical Association for Housing (EAH) regarding the mobile home park acquisition proposal for Rohnert Park. Also referenced were additional FAX communications distributed to Council from Harper & Associates received March 16, 1995 and from Stone & Youngberg dated March 20, 1995, both regarding the Valley Village Project. As reviewed in the Council Meeting Memo, City Manager Netter signified continued efforts working with Sutro & Company representative and Consultant John DuPriest on the Rancho Feliz Mobile Home Park purchase; the engineers and appraisers have been hired to review the Valley Village Mobile Home Park for its appraisal and infrastructure conditions; and efforts continue pertaining to the purchase price of Las Casitas Mobile Home Park. Assistant City Manager Leivo updated Council on this item, first reporting on review of the Valley Village submittal by the owner at last Thursday's Mobile Home Park Rent Appeals Board meeting. Mr. Leivo referenced the petition that was dismissed with prejudice so the owner is not in a position to re -file. Consultant John DePriest has advised holding off on any further resident meetings until things settle, but staff related work is proceeding for the Valley Village project. On the other two parks, there has been one meeting in Las Casitas with a moderate turn out of residents. This first meeting discussed efforts of the purchase program and the residents are specifically pressuring to move fast. Studies and research are also continuing for Rancho Feliz. Mr. Leivo responded to Council questions related to this report including confirmation on the necessity of a non -profit company in order to issue bonds and that staff would appreciate Council guidance on same. Staff has met with the Burbank Housing Board of Directors on this project. As of the last meeting, there has been no commitment to the project as this is a new project for Burbank Housing and would require considerable assistance. Because of the anxiousness of the mobile home park residents, there is the need to move forward. Ecumenical Association for Housing Rohnert Park City Council Minutes ( 6 ) March 28, 1995 (EAH) is a non -profit housing company that has been in operation since 1968 and has a long track record for doing affordable housing projects. More to the point, EAH has signified wanting to specifically consider doing mobile home projects and has given positive signals on interest in moving fast. Also, EAH has staff on board very capable of working on this project. Therefore, staff is asking for some informal direction from Council to work with EAH rather than Burbank Housing to expedite the project. Discussion included emphasizing that proceeding with EAH on this project does not exclude Burbank Housing from the window of opportunities involved in on- going efforts and concluded upon motion by Councilman Reilly, seconded by Councilman Flores, for staff to proceed in working with Ecumenical Association for Housing for the above - reviewed mobile home park acquisition project, was unanimously approved. 2. Information letter to Mobile Home Park residents re. Sime I outcome - City Manager Netter referenced staff report dated March 23, 1995 pertaining to this item previously requested by Council with related attachments, including letter drafted by the City Attorney over the Mayor's signature on the Sime I outcome. The letter is to be distributed to all mobile home park residents in the five mobile home parks. COMMUNITY BOXING CENTER - Annual Report: City Manager Netter referenced this item provided to Council as reviewed in the Council Meeting Memo_ HP shared contents therein and responded to various Council questions confirming consideration of the request for the City's assistance in providing a facility would be discussed further during upcoming City budget work sessions. Council complimented the successful first year efforts of the Community Boxing Center. WASTE WATER SUBREGIONAL SEWERAGE SYSTEM matters: 1995 Average Dry Weather Waste Water Flow Calculation - Director of Public Works/City Engineer Brust reviewed contents of staff report pertaining to the referenced calculations obtained from actual meter readings during 1994. These calculations are used for establishing the balance of available sewer capacity for the 1995 year. 2. Additional sewer capacity request for 0.808 mgd. from Santa Rosa Subregional Sewerage System %ohnert Park's share of the 4 mgd. expansion) - Director of Public Works/City Engineer Brust explained this item, as reviewed in the Council Meeting Memo, requesting Council's authorization to notify the City of Santa Rosa of Rohnert Park's interest in the referenced additional sewer capacity necessary for residential and commercial projects within the existing Rohnert Park city limits and sphere of influence. City Manager Netter and Director of Public Works /City Engineer Brust Rohnert Park City Council Minutes ( 7 ) March 28, 1995 responded to Council questions including acknowledgment that the cost would be approximately $24 million with 60% being for capacity preservation and 40% for expansion; that it would be less expensive now than in the future; that other cities are asking for additional capacity; and that, even though Rohnert Park can be credited with the additional capacity requested at this time, there will be a time period prior to firm commitment that will allow for review of real costs. PUBLIC COMMENTS: Mayor Eck opened the meeting to receive public comments at this time which were submitted on speaker cards or other written and/or verbal communications expressing support or opposition of this item as follows: Nanci Spangler, 7292 Calcutta Court - OPPOSE - read statement expressing concerns related to motives of new development desires of Rogers/Condiotti and consideration that this should be put on the ballot with annexation issues. She requested her comments be included in the record (copy of statement attached to original set of these minutes). John Hudson, 399 Bonnie Avenue - OPPOSE - expressing concern that existing residents of Rohnert Park would be required to pay a designated portion of the cost. He emphasized the necessity of putting this on the ballot as he was sure it would be defeated by the solid majority because people are very angry about outrageous sewer rates. Mayor Eck responded that new development fees would pay for all the expansion and, as previously reviewed, the split would be 60% for capacity maintenance and 40% for expansion. Paul Stutrud, 712 Hudis - OPPOSE - questioned plans for the Canon Manor area and if more sewer capacity is really needed. Mayor Eck responded that if Canon Manor were brought in, they would be required to pay their share of general costs. Director of Public Works /City Engineer Brust explained that Canon Manor is not considered in the General Plan currently in process. City Manager Netter explained the increment for Canon Manor was signified, if needed. Mr. Stutrud further reviewed his discussion with representatives of the Waste Water Control Board, asked if part of the equation represents what is currently being paid, and pointed out that a moratorium could be imposed if the City exceeds capacity. Director of Public Works /City Engineer Brust explained terms of the agreement with calculations based on dry river flow compared to peak capacities of wet weather flow. He related to recent heavy storms and confirmed the City's system is without a problem and is under control. Jake Mackenzie, 1536 Gladstone Way, referred to his concerns expressed previously regarding NPDES permit under which the treatment plant operates. He urged Council to wait for results of the hearing to be held on this toward the end of May. He expressed further concerns about the calculations and estimated cost, made reference to hearing that the cost of studies for the County Utilities Board were way off exceeding projected estimates and, therefore, real costs should be known Rohnert Park City Council Minutes ( 8 ) March 28, 1995 and whatever happens, people should be advised of the increases, possibly through a work shop because of the complexity of the matter. There being no one further desiring to speak, Mayor Eck closed public comments. Discussion included Council review of concerns involved with this item comparing projected costs with current and potential future needs; agreement that real cost figures are a necessity along with realization that the cost of additional capacity will never be less for future aspects of the City; and considerations of the City's future cannot be speculated until the Master Plan process begins this June following completion of the current General Plan Update. Council concurred the need to move forward with a response letter to the City of Santa Rosa indicating interest in the additional capacity for Rohnert Park's share (0.808 mgd.) of the 4 mgd. expansion of the Santa Rosa Subregional Sewerage System, as signified in the above - reviewed staff report to leave all options open, but that additional information is needed on actual costs, time table and future plans for the City. RECESS Mayor Eck declared a recess at approximately 8:25 p.m. RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:35 p.m. with all Councilmembers present. CONSTRUCTION DEFECTS AD HOC COMMITTEEIECONOMIC C0MML4.S70N - Ad Hoc Committee Member Reilly reviewed his memorandum to the full Council dated March 16, 1995 for the referenced items (copy attached to original set of these minutes) with responses as follows: Construction Defects Plan for Procedures proposal/review - Discussion included Council comments that the proposed outline is an appropriate procedure for gathering information and could be done on a trial basis emphasizing that promises cannot be made to residents. Comments also pointed out that modifications are sometimes initiated by buyers of homes and that ramifications of same cannot be attributed to the particular builder. The Mayor compared these building concerns with a similar review of homes in `B" section several years ago and commented that a first hand review resulted in getting a different idea of the matter compared to concerns initially expressed. Cindy Walsh, 4409 Glacier Court, referred to her concerns expressed at the previous Council meeting related to her home. She further reviewed reasons for her concerns and expressed the need for a structural engineer and other qualified people, not connected with the builders, to participate with the Council Ad Hoc Committee in the investigation of building codes and proper permits. Rohnert Park City Council Minutes ( 9 ) March 28, 1995 Nanci Spangler, 7292 Calcutta Court, suggested involving a certified inspector that is not employed by the City to eliminate a lot of running around and be able to provide necessary information to the full Council. Discussion included responding comments by City Attorney Flitner that the Council should be aware that the City's inspectors are not liable for building deficiencies and that the home owners may have to proceed civilly through the courts. He gave examples of food and vehicle inspectors, i.e., if there were defects in a vehicle, the particular manufacturer of the vehicle would be sued. Mr. Flitner cautioned the Ad Hoc Committee that if they proceed with building construction reviews, they must be careful not to get into a position of guaranteeing remedies. Council agreed with Mayor Eck's concluding comments that the purpose of the building construction reviews would be to determine whether or not related City policy changes or corrections might need to be considered. Council further agreed that the Ad Hoc Committee of Councilman Reilly and Councilwoman Gallagher should meet with staff to more fully review the plan for procedures and then contact residents who have expressed building construction concerns. 2. Economic Development Commission/Chamber of Commerce - Councilman Reilly confirmed this item was included in his above - referenced memorandum dated March 16, 1995 signifying the desire to discuss the possible participation of a Council Committee with a Chamber Committee on an Economic Development Commission, as briefly mentioned in the morning meeting of March 16th, 1995. Vice Mayor Spiro signified her interest in the Committee, if developed. Discussion concluded in Council consensus that the City Manager should contact the Chamber to see if there is a serious interest in this combined effort and to place this item on the next Council agenda for further consideration. CABLE TV matters: 1. MultiVision Rate Regulation update - Assistant City Manager Leivo shared contents of staff report with related attachments regarding the FCC's 329 rate complaint resolution, as reviewed in the Council Meeting Memo. The two challenges submitted to the FCC by the City and the Joint Powers Authority (JPA) resulted in the determination that Multivision's basic service and rate restructuring of September 1, 1993 is justified. These final judgments are based on FCC clarifications as reviewed. The second issue pursued locally applied to broadcast stations. In that case the JPA determined rate regulations had been violated. A ruling has not been received from the FCC appeal on this, but because of similarities of the issue, it is not too encouraging. On the third issue, it was Mr. Leivo's opinion representing Rohnert Park on the Joint Powers Authority that they will at least wait until the final ruling is received from the FCC before determining if the matter should be pursued further or whether the recommendation would be to release the Rohnert Park City Council Minutes ( 10 ) March 28, 1995 designated funds. Mr. Leivo responded to various Council questions related to the probability that the Federal Government will do away with allowing local regs, as well as comments on future possibilities related to efforts like Pacific Bell coming into the cable market which would provide additional competition. 2. MultiVision/Century Cable Television Franchise Transfer - City Manager Netter informed the Council that the formal letter had now been received (March 23, 1995) from R,rf,.1,�:47:n:n,,. d".1,i,__?°�7 ra,.. ..,.s�.,,�,...C°.n.._,�.r_'�..� -c_._.e_.___ AX_.t..�q.�_.� _ —I I .3.�� iviUau v iaivu �avic t v "NUCbL1116' IldlIUMNO L1a11S1G1 11 VIII 1V1U1L1 V 1SIOTI Cable 1 V to Century Cable TV. City Manager Netter referenced MultiVision letter dated March 23, 1995 and binder with all relevant and required supporting documents. City Manager Netter indicated that the request for transfer also included the transferee (Century Cable) request for an extension of the franchise term to December 13, 2011. Assistant City Manager Leivo reviewed the existing franchise agreement with MultiVision and indicated that a transfer extension could be considered but is not necessary. Discussion continued on the possibility of hiring Carl Pilnick (Cable Consultant) and the School District request to provide cable access to El Camino High School on Martin Avenue. Discussion concluded upon motion by Councilman Flores, seconded by Vice Mayor Spiro, to proceed with the Cable TV franchise transfer, as reviewed by staff, without further expenditure for Consultant Carl Pilnick, and fully supporting efforts toward the provision of cable television service to El Camino High School and for such concerns of the School District to be actively pursued working through City staff but without School District representatives attending actual negotiations, was unanimously approved. Paul Stutrud, 712 Hudis, questioned public access provisions and shared comparisons of public access broadcasting in other areas. Assistant City Manager Leivo explained current provisions for one channel, twenty -four hours a day, but pointed out that if Congress does away with franchise agreements, the requirement for public access will also probably disappear. TRANSPORTATION matters: 1. Metropolitan Transportation Commission (MTC) proposed Gas Tax increase - SB 877 (Alquist) Mayor Eck acknowledged his request at the previous Council meeting to place the referenced item on this agenda for consideration of endorsement. Discussion questioned whether this bill dealt with clean fields and concluded in the need to check into the air quality factor of the issue. Comments included encouraging Mayor Eck to vote his conscience regarding what would be in the best interest and related to possibilities of severe funding limitations. Also, one advantage is the user based tax. Rohnert Park City Council Minutes ( 11 ) March 28, 1995 2. Revenue Sharing for Sonoma County Governments - AB 3505 (Valerie Brown) City Manager Netter confirmed Mayor Eck also requested placement of this item on the agenda for possible support and endorsement. Mr. Netter distributed related chart for Council's review signifying the Tax Base Shift Under AB 3505/ Changes to Reach Per Capita Parity representing the worst case scenario. City Manager Netter shared comments on this bill as reviewed in the Council Meeting Memo pointing out the gains and losses of the cities and county per the chart analysis distributed at the meeting. Rohnert Park would gain but Healdsburg has signified being in favor even though they would lose because of preferring to see the pressure taken off counties. Discussion included a motion by Councilman Reilly, seconded by Councilwoman Gallagher, supporting AB 3505 because revenue sharing time has come. Further discussion included varied opinions with Vice Mayor Spiro expressing concern that more information is needed on distribution comparisons and recommended asking Valerie Brown to address the matter more fully as counties are not simply asking cities to give revenues to them but are asking cities to take on the burden. City by city, sharing revenues is not as much the problem as sharing expenses. Ms. Spiro signified she could not vote in favor of the motion without clarification of the other impacts and inclusion of requesting Valerie Brown to provide an analysis on what affect these concerns have on this bill. The above motion was unanimously approved to proceed with a letter expressing interest to support AB 3505 with inclusion of Vice Mayor Spiro's request for Valerie Brown to provide the analysis, as signified. FINAL REVISED BICYCLE MASTER PLAN. • City Manager Netter referenced plans on display for this item representing changes previously approved by the Bicycle Advisory Committee and the City Council. The final revised Bicycle Master Plan has been provided to Council for informational purposes and will be referenced in the General Plan currently being updated. Council concurred and formally expressed appreciation for the successful efforts of the Bicycle Advisory Committee. MAYORS' & COUNCILMEMBERS' ASSOCIATION- WORKING GROUP meeting report: Mayor Eck acknowledged that he and Councilwoman Gallagher attended the referenced meeting of March 16, 1995. He shared what transpired at the meeting with tentative agreement to urge all cities to adopt an Urban Growth Boundary (UGB), as reviewed in the meeting report provided to Council, because of the need to make better land use decisions and prevent urban sprawl. Discussion included a motion by Councilman Reilly, seconded by Councilwoman Gallagher, to support the Working Group to continue looking at UGB's time frame through the next election, was approved with Vice Mayor Spiro and Councilman Flores dissenting. Vice Mayor Spiro said the reason for her no vote was to be consistent with previous actions related to setting boundaries. She thought the UGB was a very important issue which needed a committee Rohnert Park City Council Minutes ( 12 ) March 28, 1995 established for necessary involvement and review of related factors. Mayor Eck and Councilwoman Gallagher further reviewed logics expressed at the Working Group meeting for the advantages of UGB's including the County representative thought it would put more teeth into their General Plan; expansion would be more difficult and would have to be taken to the vote of the people; it would be much more effective if all cities supported UGB's as a unified group; also, each city would be allowed to set desired boundaries. Further discussion followed. COUNCIL COMMITTEE reports: 1. Performing; Arts Center Committee - Vice Mayor Spiro reported on the March 21st, 1995 meeting of this Committee attended by herself, Mayor Eck, City Manager Netter and Director of Performing Arts Grice per meeting agenda with related attachments distributed to Council. Discussion items included the Fifth Anniversary celebration and activities scheduled April 22nd, 1995 at the Dorothy Rohnert Spreckels Performing Arts Center; 1995 -96 Season update and five year plan; as well as establishment of the non - profit corporation with a new Board of Directors under way. 2. Golf Course Committee - Vice Mayor Spiro also reported on this Committee meeting held this morning, March 28, 1995 which she and Councilwoman Gallagher attended. They will meet again on May 11th, 1995 giving the Golf Course 60 days to tend to listed items of concern. 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. Councilman Reilly referenced letter dated February 27, 1995 expressing appreciation to the Department of Public Safety for beneficial efforts on behalf of the visit of the Lafayette Public Safety Implementation Committee. Mr. Reilly recommended keeping track of the efforts of this Committee to review helpful concepts and ideas that could be useful in Rohnert Park. City Manager Netter referenced items 16 and 17 on Communications related to economic fiscal analysis of developments. Item 16 represents a very comprehensive report from the City of Santa Rosa, Department of Community Development regarding Economic & Planning Systems/Final Report - Draft Southeast Area Plan Fiscal Analysis. Item 17 is from Jake Mackenzie regarding Economic Analysis of Cost of Residential Development (a report provided to the 1992 General Plan Committee from the Assistant to the City Manager). City Manager Netter indicated that if Council wanted Cost Analysis of Developments, he would recommend proceeding, as Santa Rosa did, by hiring an independent firm to do this comprehensive study. Rohnert Park City Council Minutes ( 13 ) March 28, 1995 City Manager Netter also brought attention to item 22 on Communications from the Sonoma County Board of Supervisors regarding its March 28, 1995 meeting agenda item considering an ordinance amendment regarding bingo parlors operated by non -profit organizations as smoking optional places. If this is approved, Council might want to reconsider this item for Rohnert Park because of its previous decision based on a level playing field throughout the County. City Manager Netter referenced item 25 on Communications, for Council's information, regarding the City's radar speed survey results for certain locations. MATTERS FROM/FOR COUNCIL: 1. League of California Cities' LEADERSHIP TEAM WORKSHOP, Wednesday through Friday, May 10 - 12, 1995, South Lake Tahoe, Ca. - City Manager Netter advised this item was provided for Council's information. City Council indicated that the scheduling of this workshop was not a good time, plus it was too expensive. 2. "D of Non - Violence " Friday March 31 1995 - City Manager Netter distributed informational material with blue ribbons for participation efforts of this item. He referenced an effective article in the newspaper on this effort. City Manager Netter advised he planned to participate in the forum scheduled at the Santa Rosa Junior College on Friday, March 31st, 1995 with the Director of Public Safety. Mr. Netter encouraged all Councilmembers to attend as this is anticipated to be an interesting working forum. CORRECTION from 4/11/95 Council Meeting: Per Councilman Flores, the following report was on the proposed Sports Dome Facility, not the hospital site. 3. *Hespital -fie - Sportsdome Facility - Councilman Flores advised that he and Vice Mayor Spiro would report on this item at the City Council's second meeting in April, 1995 regarding possibilities for the proposed 1�o �.� i Sportsdome Facility. 4. Weight Room Use by Youth - Vice Mayor Spiro reviewed concerns recently discussed with a Parks and Recreation Commissioner related to communications with two doctors about use of the weight room for young people and the need to limit the amount of repetitions for lifting weights. Concerns included the City's liability regarding same. Council agreed that this item could be discussed further by the Recreation Commission. 5. Portable microphone in Council Chamber - Vice Mayor Spiro recommended investigating the possibility of installing a portable microphone for the convenience of citizens set up in the rear of the chamber because of certain physical hardships to make it possible for their comments to be more easily heard and recorded. Rohnert Park City Council Minutes ( 14 ) March 28, 1995 CITY MANAGER'S report: 1. Rohnert Park Expressway Interchange Interim Improvements, Project No 1991 -4 - City Manager Netter advised bringing this miscellaneous item forward on the agenda. Director of Public Works /City Engineer Brust referenced plans on display and reviewed staff report explaining options and funding comparatives for Council's information. Council agreed with staff to proceed in the most expeditious manner. Y. oviiuma k,vuuty vv aiCi Agency (SC w A) matters: a) Flood control plan/draft agreement proposed checking services for cities - City Manager Netter advised various communications related to this item were provided to Council for informational purposes. b) Status of Potter Valley Project Problem - SCWA workshop on this and other Russian River Items, 6:00 p.m., Monday, March 27, 1995 - City Manager Netter advised this item was provided for Council's information. c) Proposed SCWA water rates recommended by Technical Advisory Committee (TAC) to Board of Supervisors - City Manager Netter advised this was also an informational item provided to Council. 3. Household Hazardous Waste Collection Event, April 7 & 8, 1995 at Wal -Mart Parking Lot - City Manger Netter reported there has been extensive publicity for this item. 4. Spring Clean Up, Rohnert Park Stadium Parking Lot - REVISED DATES - April 21 - 30, 1995 City Manager Netter pointed out the revised dates for this annual event. 5. Redwood Empire Municipal Insurance Fund (REMIF) - Change of deductible amounts for Workers' Compensation and Liability - City Manager Netter reviewed this item for Council's information. CITY ATTORNEY'S report: 1. Deshetres v. Steen - request for amicus support - City Attorney Flitner referenced letter dated March 8, 1995 from the City of Santa Rosa, Office of the City Attorney, reviewing this request related to the appeal of statewide interest since the outcome will affect all police officers who must serve Search or Arrest Warrants under perilous circumstances. City Attorney Flitner recommended amicus support. Upon motion by Councilman Flores, seconded by Councilman Reilly, to join in the above - reviewed amicus brief as recommended by the City Attorney, was unanimously approved. Rohnert Park City Council Minutes ( 15 ) March 28, 1995 CITYATTORNEY'S report: (cont'd) 2. Devita v. Napa County (General Plan Initiative) - City Attorney Flitner referenced communi- cations previously provided to Council related to this item and distributed to Council his analysis regarding same. Mr. Flitner commented on the possibility of some adverse impacts to consider as well as advantages. He advised that Council questions pertaining to this matter could be addressed at the next Council meeting. Proposed annexations - City Attorney Flitner referenced previous Council inquiry related to the City having any legal obligation to previously proposed annexation territory. He distributed to Council his analysis responding to this item and commented on contents therein. UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck asked if there were any additional unscheduled public appearances at this time. No one responded. ADJOURNMENT. • Mayor Eck adjourned the meeting at approximately 9:58 p.m. to 7:00 p.m., Thursday, March 30th, 1995 at JOHN REED ELEMENTARY SCHOOL, 390 Arlen Dr., Rohnert Park for "A" Section Neighborhood Town Hall Meeting. Dep Ci lerk jh ayor JJ ZZ" .alf 1a/y V �'n �„`�P ✓� � " '�r 1�% "�. i:� j�c,e«.' � # "� ' t� /�" - '' !''' t .wf�(% f�''�'�:��";�' �,�"�— i:�ir�� J _ a a r f r. vow jot �f °- t , y . _ m. INEWNED BY a .� NHX -lb -yb HU Ii:UU ROUX ASSOC AiES INC, FAX NC b :00022333 To: From: Re: Date; City Council Jim Reilly Construction Defects Ad Hoc C; u�.itteeXcenr�mic Commission March 16, 1995 (please a to 3128/95 agenda �' - P. U'. to In a previous council meeting, I suggested that an ad hoc committee of the City Council investigate the various complaints of subdivision construction defects. It is my thinking that this investigation would be conducted as a fact finding endeavor, not as a font for proving/disproving responsibility or for hashing staff and the developers. The conunittee would contact residents who believe that their House was not built properly. The contact would be recorded, identifying the following: rosident's name(s); location (address, phone numbers, etc.); year house built; builder (if known); nature of problem. The committee would bring the results of their investigation to the fill coracil for discussion and further action, if any. As a starting point, the committee could meet with staff to review current and completed investigations. The committee could also meet with residents who have recently subnutted letters either identifying problem locations or claiuning to have knowledge about problem locations yet to be identified. The committee could then develop the most convenient and expeditious way for it to conduct a city wide investigation. Except for the initial staff - committee discussion and occasional reference sources, I do not recommend that the committee make use of any city staff to conduct the investigation. The committee should be responsible for visually inspecting all complaints. The committee should not promise any form, of relief to any resident utlivr thau a promise to notify the full council and city stair of the findings of the investigation, since it, as a committee, is not in a position to guarantee any form of relief, Let's discuss the possible participation of a council committee with a chamber committee on an economic development commission as was briefly mentioned in the meeting this morning (3/16/95), rWMWM to In a previous council meeting, I suggested that an ad hoc committee of the City Council investigate the various complaints of subdivision construction defects. It is my thinking that this investigation would be conducted as a fact finding endeavor, not as a font for proving/disproving responsibility or for hashing staff and the developers. The conunittee would contact residents who believe that their House was not built properly. The contact would be recorded, identifying the following: rosident's name(s); location (address, phone numbers, etc.); year house built; builder (if known); nature of problem. The committee would bring the results of their investigation to the fill coracil for discussion and further action, if any. As a starting point, the committee could meet with staff to review current and completed investigations. The committee could also meet with residents who have recently subnutted letters either identifying problem locations or claiuning to have knowledge about problem locations yet to be identified. The committee could then develop the most convenient and expeditious way for it to conduct a city wide investigation. Except for the initial staff - committee discussion and occasional reference sources, I do not recommend that the committee make use of any city staff to conduct the investigation. The committee should be responsible for visually inspecting all complaints. The committee should not promise any form, of relief to any resident utlivr thau a promise to notify the full council and city stair of the findings of the investigation, since it, as a committee, is not in a position to guarantee any form of relief, Let's discuss the possible participation of a council committee with a chamber committee on an economic development commission as was briefly mentioned in the meeting this morning (3/16/95),