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1995/05/23 City Council MinutesRohnert Park City Council Minutes May 23, 1995 STUDYSE.4SInNnn CARI.F_ TF.I.ELZION FRAN M'V . AGRF.F.1N .NT,• A study session commenced this afternoon at 5:00 p.m. in the City Offices prior to the regular City Council meeting on the Cable Television Franchise Agreement. Minutes of this study session are incorporated herein. The Council of the City of Rohnert Park met this date in adjourned session commencing at 5:00 p.m. in the City Offices, 6750 Commerce Blvd., Rohnert Park, with Mayor Eck presiding. CALL TO ORDER. Mayor Eck called the adjourned study session to order at approximately 5:00 p.m. ROLL CALL: Present: (3) Councilmembers Flores, Gallagher and Mayor Eck Absent: (2) Councilman Reilly (held up in traffic) and Vice Mayor Linda Spiro (out of town on vacation) City staff present for all or part of the meeting: City Manager Netter and Assistant City Manager Leivo MultiVision Cable TV representatives present: Fran Parkey, General Manager, and Walter Hansel, Legal Counsel Citizens present: Keith Hallock and Paul Stutrud Mayor Eck opened the discussion on the Cable TV Franchise Agreement and transfer of Multivision Cable TV Corp. to Century Cable TV. Assistant City Manager Leivo gave the staff report and responded to questions from Council. Representatives from MultiVision Cable TV, General Manager Fran Parkey and Legal Counsel Walter Hansel, responded to additional Council questions. Extensive discussion followed regarding federal cable law, possible changes in federal law, the current franchise agreement, the term of the franchise, possible changes in the franchise agreement, and transfer of the franchise to Century Cable TV. The Council discussed various options. The City Council does not have to make a decision regarding the transfer until July 23, 1995. This item will be discussed further before a decision is made. City Manager Netter inquired about the remedies in the event MultiVision would not meet its terms of the existing franchise. Assistant City Manager Leivo and Walter Hansel, Legal Counsel for MultiVision, indicated that the formal franchise renewal process would be followed. ADJOURNMENT. This study session was adjourned at approximately 6:00 p.m. REGULAR SESSION. ° 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 6:45 p.m. and led the pledge of allegiance. Rohnert Park City Council Minutes ( 2 ) May 23, 1995 CLOSED SESSION. • Mayor Eck advised that a closed session commenced this evening at 6:00 to discuss litigation matters, real estate negotiations and personnel matters as listed on the agenda attachment. No action was taken and there was nothing further to report at this time. ROLL CALL Present: (4) Councilmembers Flores, Gallagher, Reilly, and Mayor Eck /1.lws.r� +- 191 5r,�,.. A,f.. - -- Y !—A — S�M_-_�_.. .!.>__�_ _,cam_._...- , 11V O%A&L. `1.1 v I" lvlClyul LlllUa apllu kUUL 01 LUWl1 on vacation) 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, Planning Director Skanchy and Recreation Director Pekkain. APPROVAL OF MINUTES: Upon motion by Councilman Flores, seconded by Councilman Reilly, minutes of May 9, 1995 were unanimously approved as submitted. APPROVAL OF BILLS: Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, City bills presented per the attached list in the amount of $580,284.75 were unanimously approved. NON- AGENDAED MATTERS: Mayor Eck asked if Councilmembers had any non- asendaed items to add to the agenda. Councilman Flores signified one miscellaneous item under Council Committee Reports for the Dome Stadium. City Manager Netter said his miscellaneous item was also for the Dome Stadium. 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. Deborah Palesch, 178 Cascade Court, of Palesch Pacific Ballet, distributed flyers for the comedy performances of "Cinderella ", June 2, 3 and 4, 1995. She extended invitations to the Council to attend the Gala on Friday evening, June 2nd at 7:00 p.m., which will include the opportunity to meet the new Director. Ms. Palesch advised she wiii be stepping down to a Board position and this will be her final performance as the Director. Rohnert Park City Council Minutes ( 3 ) May 23, 1995 UNSCHEDULED PUBLICAPPEARANCES. (cont'd) Several citizens reviewed concerns and expressed opposition to the Subregional Wastewater /aquifer injection efforts and/or the testing procedures involved as follows: Willis Babb, 7448 Madera Place John Hudson, 399 Bonnie Avenue Paul D. Stutrud, 712 Hudis Street Paul D. Stutrud, 712 Hudis Street, questioned the deadline for submitting complaints on construction defects to the Council Committee and wondered why the item was not on this agenda. Councilman Reilly responded the Council Committee will be accepting letters expressing concerns on the referenced item until the 31 st of May and then the item will come back to the full Council for further review and consideration. SUBREGIONAL WASTEWATER POLICYADVISORY COMMITTEElAquifer Injection Update: Responding to above unscheduled public comments, Mayor Eck moved this item forward on the agenda to give his report at this time. The Mayor recommended the above speakers tell him more specifically what their understanding is of what's in the water that they do not like. Mayor Eck reported that the data sheet for the aquifer injection system, by law, meets standards that are greater than many of the standards for drinking water. He commented that he had previously recommended doing a political review of this effort prior to actual testing because he suspected it will never sell politically. Mayor Eck reviewed comparisons of water conditions for surrounding areas and pointed out that each community must take its own responsibility. Mayor Eck responded to citizen concern expressed about viruses and heavy metals in the water that a zero factor cannot be obtained in any water and the heavy metals tested lower in this effort than Sebastopol's drinking water. Mayor Eck responded to citizen inquiry related to why the extensive expenditure of tax payers' money for testing if this is not politically feasible, that the same argument could be made on reservoirs like those near Sebastopol. He pointed out that somewhere along the line, a discharge point is needed and storage is a must. In listening to Ernie Carpenter, this is one possible way to look at storage. The following Council comments were expressed, for the record, regarding consideration of aquifer injection. Councilman Reilly stated, for the record, that what this Council agreed to was to a test to put in fresh water out of the tap to check results of injection into the aquifer. Therefore, the argument that contaminated water is being put into drinking water is wrong. The questions raised about earthquakes still have to be reviewed. All options have to be considered. The aquifer injection test will provide comparative information when all the options are presented for Council's consideration. Rohnert Park City Council Minutes ( 4) May 23, 1995 Aquifer Injection Update: (cont'd) Councilman Flores commented on looking closely at the situation and not taking unreasonable risks. As indicated earlier, the water would be going into a well for a higher testing rate than is now available. This is not going to stop reasonable consideration of the option and it would be reasonable for Council to look at potable water. Mr. Flores thought it would be wise for both citizens and Council to wait for results of the forthcoming data before drawing any conclusions. In the absence of Vice Mayor Linda Spiro, City Manager Netter read Ms. Spiro's previously submitted comments into the record on the aquifer injection signifying she supported the test program when it was originally presented. At this time she has received enough citizen input to present some grave doubts as to the proposed plan of using our aquifers. Doing the testing is still a good idea, however, the amount of time planned for this test period is inadequate. To provide the necessary assurances for the viability of this project it would take much longer and more detailed analysis of the potential problems this process may be faced with. This is not the kind of situation we can decide ten years from now was not a good idea and should have required a more long -term approach. Our water is not just our water, it is the potential life of our city and its residents. The treated water may be safe yet we have had trees die and fish die as a result of the saki eentenc * People too have different reactions to *sedittm eent and we need to take all the "special situations" into account and not use the residents as an experimental project. *CORRECTION from 6/13/93 Council meeting: Mayor Eck signified the need to add clarifying information from Chemistry textbook, page 779, Chapter 26, Human Nutrition, section heading "Sodium and Potassium Intake Are Important in Prevention and Treatment of Hypertension" (copy attached to original ad of these minutdl, since Vice Mayor Spiro preferred retention of the referenced concerns about dying fish, etc., but stood corrected by Mayor Eck's explanation to refer to vosaibilities like phosphate imbalance rather than sodium content. Councilwoman Gallagher expressed understanding for the concerns of everyone and that she was trying to look at this as objectively as possible. Knowing there is not a city that does not have polluted water to some degree, Ms. Gallagher said she went with Mayor Eck to check the *aquifer injection system. She was convinced of the safety of the water and offered to drink it but the Mayor advised against drinking it during the testing process. *CORRECTION from 6/13/95 Council meeting: Per Councilwoman Gallagher, she went with the Mayor to tour the Llano Treatment Plant (Regional Treatment Facility) and the comment not to drink the water was only "in jest" Mayor Eck concluded he was going to work very hard toward approval of doing the test so we can at least say the effort has been made to do our part toward necessary solutions. He responded to Nanci Spangler's inquiry from the audience that he would be glad to have the testing done in his back yard. 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 McPtinc, Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution Nos: 95-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF DEBBIE SANCHEZ (re. alleged flood damage) Rohnert Park City Council Minutes ( 5 ) CONSENT CALENDAR (cont'd) May 23, 1995 Resolution Nos: 95 -75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF VINCE & SHERIE BREINING (re. alleged flood damages) 95 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF JAMES GRUNDMAN (re. flood damage) 97 -77 RESOLUTION APPROVING PROGRAM SUPPLEMENTS NO. 001, 004 AND 005 TO LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 04 -5379 Approval of waiver of fees for use of the Sports Center on June 9th, 1995 for "Project Graduation ". Upon motion by Councilman Reilly, seconded by Councilman Flores, with Vice Mayor Spiro absent, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WEED ABATEMENT. • City Manager Netter explained this item as reviewed in the Council Meeting Memo and advised a public hearing was duly noticed and scheduled at this time for the City's weed abatement program. PUBLIC HEARING: Mayor Eck opened the public hearing at approximately 7:10 p.m. Public comments were submitted on speaker cards or other written and/or verbal communications expressing support or opposition to this item as follows: Katherine Collins, 828 Lilac Way, expressed support for mowing the weeds but recommended the City's charge for mowing should be more comparable with landscapers' expense. As it is, it's really nice to receive a City bill that's cheaper than doing it yourself. There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 7:12 p.m. City Manager Netter explained the resolution for consideration and reviewed the procedures for the City's weed abatement program in accordance with the Rohnert Park Municipal Code. Councilwoman Gallagher reviewed her findings related to charges for tractor rentals and estimated timing factors for different types of mowing situations, i.e. $40 to $50/hour for tractor rental and, if no rocks, high weeds, etc., $30 to $40/hour to do the mowing which is separate from the tractor rental, with Rohnert Park City Council Minutes ( 6 ) May 23, 1995 Weed Abatement: (cont'd) estimated timing of 1/2 hour to 1 hour to mow an acre; landscapers can mow an average yard charging in the range of $30/hour. Ms. Gallagher thought it would be simpler for the City to charge an above - average cost to do the mowing since the City is not in the business of mowing yards and, therefore, should be more expensive if it becomes necessary for the City to do the mowing. Also, the charge should be assessed on the property taxes. u 1scussioll i icI Jed staff responses to various Council questions related to this item as follows: City Manager Netter explained past routine of mowing contractor giving the City a particular bid for the whole City which included itemizing certain areas. He pointed out that staff is following the procedures currently outlined in the City's Municipal Code which can be revised upon Council direction, if it so desires. Director of Public Works /City Engineer Brust said the above rates noted by Councilwoman Gallagher were appropriate with the cost range being $70 to $90 to mow an acre with a 30 to 60 minute time range. Therefore, it would be reasonable for the City to set the rate at $100 per acre. Mr. Brust also explained the purpose of tonight's duly noticed public hearing and that staff will not be sending out further prior notices to property owners. Therefore, if the City mows the weeds before the owners do, the owners will receive a bill from the City, afterwhich a following provision is made by the City of another duly noticed public hearing for protests, if the owner so desires. City Attorney Flitner commented on comparisons of building abatement procedures with weed abatement procedures and thought the City should give prior notice before going on private property because of trespassing provisions established by State law. Discussion concluded upon motion by Councilwoman Gallagher to price the mowing of weeds at a rate comparable to above- reviewed costs for tractor rental and mowing services and to include the information in prior notices to property owners, seconded by Councilman Flores with friendly amendment that the City's charge for mowing weeds be established at $100 per acre and that individual property owners be notified before mowing the weeds with the time period two (2) weeks prior, was unanimously approved. Resolution No. 95 -78 A RESOLUTION ORDERING THE CITY MANAGER OF THE CITY OF ROHNERT PARK TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK Upon motion by Councilwoman Gallagher, seconded by Councilman Flores, and unanimously approved, reading of Resolution No. 95 -78 was waived and said resolution was adopted. Rohnert Park City Council Minutes ( 7 ) May 23,1995 AMERICANA APARTMENTS FINANCING: City Manager Netter advised that the owners of this project were in the process of a Revenue Bond Refunding issue but have decided to seek private financing. Therefore, the public hearing previously noticed and scheduled at this time has been canceled. STATUS OF CITY'S MEDICAL/HOSPITAL (HEALTH CARE) PLAN: City Manager Netter referenced this item as reviewed in the Council Meeting Memo. He explained the extended time frame to allow for more extensive review of the options enabling this item and related resolution(s) for consideration to be deferred to the next Council meeting agenda. LAGUNA APARTMENTS PROTECT - PROPOSAL TO USE REVENUE BONDS TO SUPPORT AFFORDABLE HOUSING UNITS: City Manager Netter explained the resolution for consideration related to this item as reviewed in the Council Meeting Memo. City Manager Netter and Assistant City Manager Leivo responded to Council questions especially related to percentage requirements for provisions of units for lower incomes and comparisons with Article 34. Resolution No. 95 -79 DECLARING THE INTEREST OF THE CITY OF ROHNERT PARK TO ISSUE REVENUE BONDS, PRESCRIBE CERTAIN TERMS AND CONDITIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE PROPOSED ISSUANCE OF SUCH BONDS Upon motion by Councilwoman Gallagher, seconded by Councilman Flores, and unanimously approved with Vice Mayor Spiro absent, reading of Resolution No. 95 -79 was waived and said resolution was adopted. OTHER RESOLUTIONS FOR CONSIDERATION: Resolution No 95-- Award of Contract for Carpeting for Various City Facilities - City Manager Netter advised this item was not ready for review and would be deferred to a later date. Resolution No. 95 -80 RESCINDING RESOLUTION NO. 95 -72 AND APPROVING A REVISED JOB DESCRIPTION FOR PERSONNEL ASSISTANT H City Manager Netter explained the resolution, as reviewed in the Council Meeting Memo, pertaining to restructuring Personnel/Administrative Services. Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, and unanimously approved with Vice Mayor Spiro absent, reading of Resolution No. 95 -80 was waived and said resolution was adopted. 12ohnert Park City Council Minutes ( 8 ) May 23, 1995 LIBRARY UPDATE AND AVAILABLE FUNDING OPTIONS: City Manager Netter shared contents of staff report provided to Council on this item, as reviewed in the Council Meeting Memo, listing site options, land/building options, comparative estimated costs and funding options. Library facility concerns have been a high priority of the Council for a number of years. The most economical consideration would be expansion of the current site. With Council's consent, staff could proceed to lay out a timeline, etc. Discussion included Councilwoman Gallagher's concerns about a group of people currently investigating a way to assist the schools through ballot measure and wondered if the two needs could be combined. City Manager Netter responded that assessment tax items are generally for capital improvements and, therefore, combining the two efforts may not be possible. Councilwoman Gallagher further commented that her first inclination is not to go to the voters for any taxes for the library but, secondly, she's aware there's probably no money coming from any other plan. She did not want to see possibilities diminished for either the school or the library vs. running together. Councilman Flores expressed preference to consider expansion of the current site because of the $1.3 million estimated cost being the most economical. This site has excellent feasibility for a minimal tax use. Expanding the existing site is the only way the City might possibly be able to do it and this annears to hi-, n annd way to proceed. Mayor Eck advised that Council basically directs staff to look into financing mechanisms for expansion of the existing library facility before giving further consideration of deciding to go on a ballot measure. This will provide an opportunity to review other funding mechanism possibilities and get a feeling of whether or not the expenditure for library expansion is going to sell to the public. PARKS AND RECREATION MATTER: Skate Park report - Results of Public Hearing held on May 15, 1995 - Recreation Director Pekkain reviewed this item per his report distributed to Council. The Parks and Recreation Commission recommends a task force consisting of the Commission Committee and youth representatives be formed to determine the type of skate park, location and funding possibilities. If Council approves moving ahead on this item, staff also recommends a City Council liaison be appointed to the skate park task force. A tentative task force meeting has been set for Friday, June 1st, 1995 at 3:30 p.m. at the Community Center. Recreation Director Pekkain reviewed additional liability coverage information included in his staff report. REMIF does not currently cover skate parks but has indicated the REMIF superpool coverage agreement regarding skate parks can be endorsed into coverage if the skate park is a low impact activity Rohnert Park City Council Minutes ( 9 ) May 23,1995 PARKS AND RECREATION MATTERISkate Park report: (cont'd) and REMIF Board approves the endorsement. Mr. Pekkain's report included review of AB 2487 (Sher. Skateboard parks) quoting from the Legislative Counsel's Digest, "Existing law requires operators of skateboard parks to require that persons riding skateboards therein wear a helmet and elbow and knee pads "; and supportive comments in a letter dated May 9, 1995 from Albert T. Fierro, ABAG Vice President and Risk Management to Landscape Architect Wormhoudt stating his office does not view skateboard parks as any high risk for cities and that a skateboard park should be relatively safe if properly planned with citizen input, use of appropriate safety equipment, and properly maintained on a regular basis. Recreation Director Pekkain's report included a list of cities with skate parks including Benicia, Napa, Santa Rosa, Davis, and a planned skate park in Petaluma to be constructed in 1995. City Manager Netter specifically recommended, if REMIF does not approve the above - reviewed endorsement, that the City should not go forward with the skate park proposal because of risk factors involved. Councilwoman Gallagher confirmed she attended the public hearing for the skate park held by the Parks and Recreation Commission and was impressed by comments from youths relating to benefits of a skate park. Ms. Gallagher thought the skate park would be a comparatively economical expenditure toward meeting the needs of this segment of the population. She signified her interest to be Council liaison for this effort. Mayor Eck so designated Councilwoman Gallagher as City Council Liaison to the skate park task force. Discussion included Councilman Flores encouraging Council Liaison Gallagher to emphasize the importance of using helmets and knee pads to which she responded that even as a mother, there's not much you can do to prevent skinned knees and broken bones. Mayor Eck referenced capital expenditures of the Parks and Recreation Department with the current list of 18 priorities. He signified preference for the proposed skate park to be privately funded and/or the Commission to establish position within its priorities. Recreation Direction Pekkain expressed agreement and that the issue of location was also reviewed at the public hearing with the indication that west of the freeway would be acceptable. Council concurred to refer this item to the Parks and Recreation Commission to proceed with funding possibilities for the proposed skate park. Rohnert Park City Council Minutes ( 10 ) May 23, 1995 GENERAL PLAN- STATUS: City Manager Netter reported on this item as reviewed in the Council Meeting Memo including reference to copies provided to Council of Exhibit B from RECON Environmental Corp. regarding the work schedule (copy attached to original set of these minutes). Mr. Netter advised staff is also in the process of completing an RFP for a consultant to review the 20 Year Plan which should be completed within the next couple of weeks and mailed to various firms. Discussion included Councilwoman Gallagher comments related to her observation of other presentations outside the City with consultants having no idea of any specified limitations, i.e. sewer /water capacities, etc. The recommendation was to provide such documentation to consultants first vs. not knowing the field of limitations in order to have a reality check on what the city could do and to have better results for giving guidelines. - Mayor Eck referred to draft proposals from other areas he had observed Planning Director Skanchy putting together and commented it would save a large amount of time if Council could be provided with fairly definitive information for the upcoming review of related General Plan matters. - City Manager Netter responded staff has been obtaining sample copies of documents from other cities and by the Council meeting of June 27, the information would be put together for Council's review and further consideration. - Councilman Flores commented on the flexibility to look at a finished document that might have limited options now but in the future, may not be so limited. Looking at what can be done now, there is not very much to study related to available resources. - City Manager Netter read previously submitted comments of Vice Mayor Linda Spun into the record rvii7�nrrinn 1— ++�n�r:i+++n :+ :-- va-a 5 A"" f./l vYlVtlJ pVJ111V11 regarding the lack of any adequate sphere of influence. Her concerns still mirror those of the League of California Cities' recommendation that all cities should have a sphere of influence that is not the same as their city boundaries. If for no other reason, it would protect our city from the potential encroachment of any other city. RECESS Mayor Eck declared a recess at approximately 7:54 p.m. RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:00 p.m. with all Councilmembers present except for the absence of Vice Mayor Spiro. LANDSCAPE IRRIGATION PROJECT STATUS: City Manager Netter advised copies were provided to Council of letter mailed to property owners informing them of the pipeline construction for this item and asking for their cooperation. Director of Public Works/City Engineer Brust referenced map on display and undated the Council on this project. Mr. Brust responded to related Council questions. Rohnert Park City Council Minutes ( 11 ) May 23, 1995 HOSPITAL SITE - UPDATE: In the absence of Vice Mayor Linda Spiro, City Manager Netter read Ms. Spiro's previously submitted comments for incorporation into the public record regarding the hospital site update as follows: Hospital Committee: Scheduled meeting was held on May 11 at the Santa Rosa Memorial Facility in Rohnert Park Attendees: Jerry Martin, General Manager of Rohnert Park facility Paul Olivier, Administrative Director Linda Spiro, Vice Mayor Rohnert Park This meeting was called at the request of Santa Rosa Memorial Hospital. Council committee was notified at our last Council Meeting. - The focus was on the "needs of the community"; how the S.R.Memorial Hospital (Immediate Care Center ICC) has served the citizens in the past, and what did the future look like for health services. - Since the charge of the Hospital is to be of service for the betterment of the community, it was brought out the community needed to be made more aware of the services provided by the Hospital. Many "free" services are available i.e. stress management classes, blood pressure testing, special programs meeting accommodations (A.A., O.E.A., N.A. and others). - Existing facility could accommodate childbirth (normal only - uncomplicated), has laboratory and x -ray on the premises. Coordination of local medical professionals has been done for emergency preparedness. - Essentially, the community needs to be made more aware of what exists, and the Hospital is planning a needs assessment to more fully provide for the community as a whole. The meeting ended with discussion of perhaps an innovative approach to wellness and possible collaboration and cooperation between Santa Rosa Memorial hospital, Petaluma Valley Hospital and the new Columbia/HCA (Palm Drive Hospital) for creative input for the needs of the residents of Rohnert Park. - Another meeting will be scheduled at a later time to see what has been accomplished. (Please see Senior Citizens Advisory Commission report for a more current update.) City Manager Netter advised a date and time for the next Council Committee meeting would be scheduled with Council Committee Members Gallagher and Spiro after Ms. Spiro returns from her vacation. Mr. Netter further advised of efforts in the meantime, of working with City Attorney Flitner on related legalities. Councilwoman Gallagher commented on the possibilities of a presentation on this item and maybe a public hearing in the near future. She referred to newspaper articles about hospitals being in dire trouble and said it was her hope, and thought it was Vice Mayor Spiro's hope also, to do something more futuristic for medical needs of the community as there are things needed that are not being provided. Councilman Flores asked if the proposal was in conjunction with the earlier proposal of Petaluma Valley Hospital as he thought their presentation was a very good idea. City Manager Netter responded "yes" including the proposal that Petaluma Valley Hospital may be the lead agency. Rohnert Park City Council Minutes ( 12 ) May 23,1995 COUNCIL COMMITTEE REPORTS. 1. Senior Advisory Committee - In the absence of Vice Mayor Linda Spiro, City Manager Netter reviewed contents of Ms. Spiro's written report on this item to be incorporated into the public record as follows: Senior Citizens Advisory Commission Meeting May 18, 1995 Health Fair - Approximately 200 people attended and many health care providers had booths and presented services Revenues - To date this fiscal year there have been 2,045 participants for the dances sponsored by the seniors. Net income (after expenses) to date is $5,256.69 which is 8.2% ahead of last fiscal year, and they still have two dances left for the balance of this fiscal year. The baking committee has also saved the city a considerable amount through donations of labor and supplies, and provided "quality baked goods ". - With the general state of the economy to have the senior center profits so far ahead of last year is certainly a tribute to the efforts of the coordinator, V. Wilkerson. Fundraising - Saturday, June 10, there will be a spaghetti feed event at the Senior Center, 4 -6:00 p.m., $5 adults, $4 seniors, and $2 for children 12 and under. Food, Prizes, and Fun ! ! ! S.R.Memorial -Jerry Martin of the Immediate Care Center provided an update of the services offered at the Center. - In addition to the current services, management is considering providing 24 -HOUR CARE SERVICE FOR OUR COMMUNITY. Mr. Martin commented a city of our size should have some sort of medical facility available in the absence of a hospital. - The Hospital is also attempting to have the paramedical base reopened at the fac:laty, at :. alp:, iwk:;ag at emergency �er0ces and 1— may be needed in this community. Older Americans Month was celebrated with an acknowledgment by the City Council of the contributions the seniors of Rohnert Park have made to our community and to the City as well. PERSONAL NOTE - To all concerned: After six years of advocating the need for a 24 -Hour medical facility in Rohnert Park, it fills me with a great sense of accomplishment to see what has been a dream on the verge of becoming a reality. - I now challenge the health care providers of Sonoma County to make "wellness a mission" and to use the City of Rohnert Park as a model for public /private partnership. 2. Golf Course Committee - (Gallagher /Spiro) - Councilwoman Gallagher referenced letter dated May 11, 1995 from Mountain Shadows Golf Resort with completed items signified on attached list of golf course reviews dated September 15, 1994. Discussion at the Golf Course Committee meeting held last week signified the possibility that future meetings may be held at night when others are able to attend. Most of the items on the list have been completed but some have been held up because of the rain. Councilwoman Gallagher reported that concerns are being addressed and things seem to be moving along amicably. City Manager Netter confirmed the Department of Public Works is checking to make sure the Rohnert Park City Council Minutes ( 13 ) May 23, 1995 COUNCIL COMMITTEE reports: (cont'd) re. Golf Course Committee designated items have been done satisfactorily. City Manager Netter shared written comments submitted, for the record, by Vice Mayor Linda Spiro regarding the holiday trade -off item handled prior to Councilwoman Gallagher's arrival at Council Committee meeting. She requested allowing the City Attorney to provide a legal interpretation of the word Holiday as American Golf is not wanting to abide by Council's previous decision to exchange the holiday of Columbus Day for relinquishing counting the day after Thanksgiving as a holiday for rate purposes. 3. Subregional Wastewater Policy Advisory Committee - update on aquifer injection: Mayor Eck advised his report on this item had been moved forward on the agenda with lengthy discussion to accommodate concerns expressed by unscheduled public appearances. Responding to additional public interest signified from the audience on this item, Mayor Eck invited further public comments at this time. PUBLIC COMMENTS: Public comments were submitted on speaker cards or other written and/or verbal communications expressing support or opposition to this item as follows: Bill Roventini, Mayor /City Council of Sebastopol & Member of Subregional Wastewater Policy Advisory Committee - OPPOSE (Shared letter dated May 9, 1995 over his signature to Sonoma County Public Health, Environmental Health Division & response letter dated May 18, 1995 - copies attached to original set of these minutes) Joi Losee, 4419 Taylor, Santa Rosa - OPPOSE Ann Maurice, POB 484, Sebastopol - OPPOSE Mayor Eck reiterated above - referenced report given earlier this evening. He responded to further questions raised by public comments herein explaining detailed review provided by Consultant Allen Strong under full public display extensively outlining details of the aquifer injection system and providing data case studies. At that time, the Council had some serious concerns but feels it has proceeded in an orderly manner toward thoroughly reviewing this matter. The scenario raised of poisoning water, etc. is not attending to the data provided. Rohnert Park has been effectively irrigating golf courses, landscaping, etc. for several years with treated wastewater. Mayor Eck reminded speakers of their opposition to Russian River discharge and that we cannot expect the Russian River area to handle ours. He questioned which way do they want and further emphasized the need for each community to take its own responsibility. Mayor Eck reported on the direction of Santa Rosa which has moved ahead with the project and has his support until someone comes up with a better solution for necessary storage. Councilman Flores said approving the referenced aquifer injection test was Council's previous position in light of no other feasible alternative and they needed to at least take an educated look at the results. Councilman Flores said he was impressed by the presentation that confirmed several projects were completed and working successfully, i.e. one in Monterey County. He thought the Council took a reasonable position on this matter. Rohnert Park City Council Minutes ( 14 ) May 23, 1995 COUNCIL COMMITTEE reports: (cont'd) 4. Youth Committee update - Councilwoman Gallagher advised she had no report at this time. 5. SportsDome Project - Councilman Flores advised of continued review of the proposed SportsDome project and there has been communications with the proponents of the project. Councilman Flores said a report should be available prior to the next Council meeting for review. MOBILE HOME PARK MATTERS: 1. Mobile Home Park Purchase Program update - City Manager Netter referenced memorandums provided to Council from John DuPriest, the resident mobile home park consultant, outlining the meetings he has been having with the parks (Rancho Feliz, Las Casitas and Valley Village) related to this item. 2. Ord. 494 - Amend rules and regulations to allow for Capital Improvement Pass- Throuah(sl City Manager Netter summarized the Mobile Home Park Rent Appeals Board procedures for Capital Improvement Pass - Through(s) via its Resolution No. 95 -02 adopted on May 18, 1995 and signified copies of same were provided for Council's information. 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 and Councilman Flores brought attention to the nmm�rnno MI N J Z'- AAA- W"O `/ 1 J resident letters supporting the 20 Year Urban Growth Boundary (UGB) listed on Communications. Mayor Eck extended apologies for the necessity of his generic letter responses due to the extensive number of letters received. MATTERS FROAFFOR COUNCIL: 1. Senate Bill 414 (Thompson) Re. Vehicles, violations fines - City Manager Netter referenced information provided to Council on this item per Councilman Reilly's request. Councilman Reilly explained factors related to SB414 and, as a commuter, favored a barrier or some type of physical means of keeping people on their side of the road rather than increasing fines. Mayor agreed with Council consensus to a letter over the Mayor's signature expressing support for barriers and Senator Mike Thompson's efforts. 2. Memorial Day Ceremonies/Avenue of the Flags at the Community Center, Monday, May 29, 1995 at 10:00 a.m. - Mayor Eck announced this item with full Council invited. 3. Ci /County Working Group Thursday, May 25, 1995 - Chair City/ Rohnert Park - Mayor Eck reviewed his informational notice with related attachments for this item provided to Council, County and each Sonoma County City Manager's Office. Rohnert Park City Council Minutes ( 15 ) May 23, 1995 4. North Bay Division - League of California Cities, Quarterly General Membership Meeting, Thursday, June 1, 1995, 6:30 p.m., Napa, CA - Mayor Eck announced the scheduling of this meeting. 5. Crusher's Opening - Councilman Reilly recommended sending a letter to the Crusher's for a successful home stand opening. Council agreed. CITY MANAGER'S REPORT: 1. PG &E 1st Quarter Outage Report - City Manager Netter referenced this report provided to Council for its information and advised the City will be receiving quarterly reports from P. G. & E. on a regular basis. Mayor Eck commented on the helpfulness of the reports and expressed appreciation to P. G. & E. efforts for same. 2. Portable Bldgs. at Rancho Cotate High School - update - City Manager Netter explained Channel 22's interest in these units and per representative Nancy Dobbs, they have found a way to move the portable buildings. Staff checked on other groups that might be interested including T's Academy, Veterans of Foreign Wars, Boys & Girls Club and City Departments with conclusion that none were able to afford the moving expenditure. Substitute storage space is being researched for Friends of the Library and Cultural Arts of the Performing Arts Center. Nancy Dobbs has signified the need for moving action by June 12 and is willing to donate a 1300 sq.ft. double wide for above - referenced substitute storage provision. Nancy Dobbs of Channel 22 confirmed comments and responded to related Council questions. City Manager Netter referenced map on display of U. S. satellite sites. Discussion concluded upon motion by Councilman Flores, seconded by Councilman Reilly, and unanimously approved, to provide Channel 22 with the four trailers in exchange for moving the other four, including the restrooms attached to one of the portables, emphasizing the need to meet storage provisions for groups currently using the portables. 3. March 8 & 9 Flood Report/Southern "G" Section - City Manager Netter referenced this report from the Director of Public Works /City Engineer Brust provided to Council for informational purposes. 4. CDBG 1995 -96 funding approvals for City of Rohnert Park - City Manager Netter referenced letter dated May 15, 1995 from Sonoma County Community Development Commission/Housing Authority- Redevelopment Agency on this item provided for Council's information. 5. SportsDome update - This item was previously reviewed tonight under Matters from Council. 6. Expressway Overpass Widening - City Manager Netter reported on this bridge widening vs. previously discussed loop expenditure. There may be a possibility of funding through gas tax and holding off on specific projects such as the Copeland Creek bridge, etc. Mr. Netter advised staff is going through line items in the budget for Council's consideration of alternatives during upcoming work sessions. Rohnert Park City Council Minutes ( 16 ) May 23, 1995 CITYATTORNEY'S REPORT.- 1. Ehrlich v. City of Culver City - amicus brief support request from City/County of San Francisco - City Attorney Flitner explained this request related to having a significant impact on the rights of local government to impose mitigation fees and other exactions on real estate development. A motion was made by Councilman Flores, seconded by Councilman Reilly, and unanimously approved, to support the above - reviewed amicus brief as requested. 2. Harris v. County of Madera - amicus brief support re - City Attorney Flitner explained this request urging support of the County of Madera in this housing element case related to state mandates for low cost housing. Discussion followed. Council concluded not to support this amicus brief. City Attorney reported on the following items reviewed in closed session/listed on agenda attachment. 3. Hallock vs. City of Rohnert Park - City Attorney Flitner advised a decision is expected on this case within the next 4 weeks. 4. Hillsboro vs. City of Rohnert Park - City Attorney Flitner advised the Council has directed him to make efforts toward getting this case off dead center as it is now in limbo. Comments have been made about having an unconstitutional ordinance in changes that are confusing the tenants and now they do not know what to do in regard to signing leases. 5. Benavidez vs. City of Rohnert Park - City Attorney Flitner advised this is a suit by a contractor over additional funding in the contract that can be handled with arbitration. UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck asked if there were any additional unscheduled public appearances at this time. Linda Branscomb, 6585 Commerce Blvd., #188, asked if something could be done about the messy garbage area at the Sonoma Square Shopping Center, i.e. contact the owner or Empire Waste Management regarding procedures. Mayor Eck requested staff to look into the matter. ADJOURNMENT. Mayor Eck adjourned the meeting at approximately 9:15 p.m. to 6:00 p.m. on June 12th, 1995 for 1995 -96 Budget Work Session. Dep Citaptierk jh . aL� Mayor CHAPTER 26 Human Nutrition 779 Figure 26 -24 cium may leave and enter the skeletal mass per day. Short -term The phytate anion. Phytate can bind Cal', needs for calcium in other parts of the body are thus readily Mgt +, and Zn2+ very tightly at the multiple met from this large reservoir. phosphate groups, preventing these essential The recommended daily allowance of calcium for adults metal ions from being absorbed. Phytates are found only in plant foods, especially (Table 26 -2) is 800 mg /d. More, 1200 mg /d, is recommended grains. for women during pregnancy and lactation, and for teenagers. The calcium present in cereal grains is not readily absorbed be- cause much of it is tightly bound to inositol hexaphosphate, H O —PO32- also called phytate (Figure 26 -24), forming phytin, a calcium - O—POa2- H magnesium salt of phytate. Phytate also binds other required O H elements, particularly zinc, as we shall see. H O —PO32- Phosphorus also is very abundant in the body, not only in P022- bones but also in the nucleic acids, in the nucleotide coen- zymes, and in the ATP - ADP - phosphate energy- transferring system in cells. Phosphorus is so widespread in natural foods that outright deficiency is unknown. However, not all the phos- phorus of the food is absorbed readily, since its absorption is determined by many of the factors that determine calcium ab- sorption, particularly the state of vitamin D nutrition. Marginal Magnesium Deficiency Is Relatively Common The body contains about 25 g of magnesium, most of which is present in the bones. All cells contain rather high concentra- tions of magnesium (5 -10 mM). Mgr' ions play a very impor- tant role in the action of many enzymes, particularly those of glycolysis and many ATP- dependent reactions. Although most foods contain considerable magnesium (it is especially abun- dant in the chlorophyll, of green leafy vegetables), there is increasing evidence that the intake of magnesium is marginal in the United States diet, particularly in the elderly and poor. Alcoholics are very prone to magnesium deficiency, which also occurs in protein - calorie deficiency. The recommended magne- sium intake is 350 mg /d for adult males. U Sodium and Potassium Intake Are Important in Prevention and Treatment of Hypertension Sodium and potassium are present in ample amounts in most foods, and outright deficiencies of these elements are rare. The problem with these elements is one of nutritional imbalance, rather than undernutrition. Na+, which is the principal extra- , cellular cation, and K +, the principal intracellular cation, are 1 very important in regulation of water and electrolyte balance ' and of acid -base balance in the body (page 741). They in turn are subject to regulation by the mineralocorticoid hormones of the adrenal cortex (page 741). The actual nutritional requirement for sodium is only about 1 g /d, but the average intake in the United States is about 5 g /d. As with sugar, the human consumption of salt has increased P�� A N 0 CITY HALL P.O. BOX 1776 SEBASTOPOL, CA 95473 (707)823 -1153 (707) 823 -1135 FAX VIA FAX AND HARD COPY May 9, 1995 Mark Kostielny Sonoma County Public Health, Environmental Health Division 1030 Center Dr. Suite A Santa Rosa, CA 95401 Dear Mr, K:ostielny, F WILLIAM AOVENTIM, MAYOR COUNGII_ SAMUEL CRi IMP KEN FOLEY HOWARD LEVY ANNE ,+MAC :NIE CITY MANAGER PAUL V BERL.ANT The City Council of the City of Sebastopol has taken a position opposing the proposed Aquifer Storage and Recovery feasibility study. The City of Sebastopol simply believes that there are too many unanswered questions which would make conducting; the study an exceptionally risky venture, the possible benefits of which are greatly outweighed by the potential permanent damage to our aquifer and only source of water. Specifically, after reading the Santa Rosa "Preliminary Aquifer Storage and Recovery Feasibility Report" we have the following gkzestions: The Report states that additional testing will be available for specific pathogenic organisms by early 1995, Is it available? What are the results? 2. The Report states that "water quality (in the aquifer) may also vary depending on the number of injection- extraction season cycles that have occurred." What is the relationship? Better over time, or worse? How will this be evaluated in the test progrant, Vit goes forward? The Report states that the Sebastopol fault may act as a barrier to groundwater movement (but that this data is inconclusive is stated and restated here and in other studies): the Report shows the Study area straddling the fault, implying testing on both sides of it. ,Also, according to the McLaren repurl ( potential Groundwater Im, 4 5 frs ,Rogim1 Wastewater Disposal Facilitia- May 16, 1985). Sebastopol's wells draw water from source areas lying both west and east of the Laguna. McLaren's Figure 5 shows primary aquifer recharge areas, one of which coincides with the portion of the ASR study area immediately north of the treatment plant. 4, Study Area 1 was reduced in size, eliminating the area north of Todd Road, because of the eVrlMrA- P. "., . - -y .Rnyh— h--4 i"4 Sonoma County Water Agency's concerns about their water supply wells. Also the City of Santa Rosa Gcncral Plan calls for a possible water supply well field. What were the Water Agency's and Santa Rosa's specific; concerns in this regard? Why is it okay with the City of Rohnert Park to inject wastewater upstream from their well field? Why is it okay to inject upstream from ours? 5. If solid loading into the aquifer occurs at the rate of 33,000 pounds of solids per 2 billion gallons of effluent injected, then the solids would be up to about 132,000 pounds every year if 8 billion gallons were injected in any one season. If this shortens the life of the wells, what does it do to the aquifer in terms of its capacity to carry water? Will they just have to keep drilling more and more wells, and putting more solids into the ground? Presumably, thc.solids don't come back out with the "bubble of water ". Mow can the long -term effect of "clogging" be addressed in a short term pilot test? What is displaced by forcing this material into the ground? These are only the tip of the iceberg in terms of questions raised by our own staff who are not experts in this field, We believe that as a matter of public health, the decision makers who are responsible for setting policy and citizens who will be affected by future decisions need to know more before any "pilot project" is undertaken which could cause great haam�to our source of potable water. Additionally, we believe that an environmental review is required prior to any approval to move ahead, including thu pending contract with CH2M M11 since the "pilot project" that Santa Rosa proposes could itself have deleterious effects. We would want to know what the literature shows about projects like the one proposed. What are the. similarities and differences iu. Ow character of the previous tests as compared to those proposed on the Santa Rosa Plain? what about the putCntial fen sCisluic activity? There is the inajor fault, the Hcaldsburg- Rogcrs Creel: fault on the east side of the Santa Rosa Plain and the Sebastopol Fault on the west. What efl^ects would any movement have on uxidexground novas'? The City of Sebastopol municipal wells are located just west of the Sebastopol Fault. The proposed testing of wastewater storage and recovery has the potential for direct, physical impacts on the environment, with potentially adverse impacts on the water supplies of private wells and the City of Sebastopol iuutticipal wells, Deferring environmental analysis of the testing itself_ because the underground storage option is an alternative in the overall plant expansion EMMS, does not adequately fulfill the requirement that possible negative impacts of the physical testing must be studied at a point before those negative consequences are incurred. The impacts must be studied before the testing project can proceed. in Sundslrom v County ff Mendoci]W, the court found that environmental analysis cannot be deferred, pending test results. Since this "pilot test" is not simply gathering of data, an independent study of the possible physical impacts must be done prior to any physical tests. We believe aic tests are neither exempt as feasibility tests or planning studies or as basic data collection and research. We at the City of Sebastopol are not experts in matters Such as the one under consideration. However, a group of citizens has raised sufficient doubts to make it clear that to go ahead with the proposed "pilot project" could potentially be a folly of enormous consequcrnees. We enlist your support in questioning the advisability of the study. We believe that any injection of treated effluent, even on a limited scale is a grave error. Attached to this letter is a copy of a letter sent to Mayor James Pedofft of the City of Santa Rosa asking that the city not move forward with the Aquifer Storage and Recovery project. Sincerely, William L. R tini Mayor cc: James E. Pedgrift, Mayor, City of Santa Rosa Rick Holmer 3. WORK PRODUCTS AND SCHEDULE The following work products will be prepared: Administrative Draft Environmental Impact Report (ADEIR) Draft Environmental Impact Report (DEIR) Final Environmental Impact Report (FEIR) The following schedule for work will apply: ITEM Receipt of all background data from City of Rohnert Park. Payment due for 20 percent of the contract value. Shipment of the ADEIR in 5 copies to City of Rohnert Park. Payment due for 50 percent of the contract value. Receipt of all written comments in one copy from City of Rohnert Park. Shipment of the DEIR in 75 copies to City of Rohnert Park. Payment due for 20 percent of the contract value. Receipt of all comments in one copy from City of Rohnert Park. Shipment of the FEIR in 75 copies in addendum form. Payment due for ten percent of the contract value. Attendance at a maximum of four public meetings. DATE (Calendar days after receipt of authorization to rop ceed) 7 35 50 65 125 160 As required EXHIBIT B 3. WORK PRODUCTS AND SCHEDULE The following work products will be prepared: Administrative Draft Environmental Impact Report (ADEIR) Draft Environmental Impact Report (DEIR) Final Environmental Impact Report (FEIR) The following schedule for work will apply: ITEM Receipt of all background data from City of Rohnert Park. Payment due for 20 percent of the contract value. Shipment of the ADEIR in 5 copies to City of Rohnert Park. Payment due for 50 percent of the contract value. Receipt of all written comments in one copy from City of Rohnert Park. Shipment of the DEIR in 75 copies to City of Rohnert Park. Payment due for 20 percent of the contract value. Receipt of all comments in one copy from City of Rohnert Park. Shipment of the FEIR in 75 copies in addendum form. Payment due for ten percent of the contract value. Attendance at a maximum of four public meetings. DATE (Calendar days after receipt of authorization to rop ceed) 7 35 50 65 125 160 As required COUNTY OF SONOMA P CO P "T� PERMIT AND RESOURCE MANAGEMENT DEPARTMENT - 50 BUILDING AND LAND DEVELOPMENT DIVISION 575 Administration Drive, Room 114A ^q NAP Santa Rosa, California 954031 CIFOR Telephone (707) 527 -2221 Fax (707) 527 -3767 May 18, 1995 City of Sebastopol MAY 2 2 1995 Attn,: William Roventini P.O. Box 1776 Sebastopol, CA 95473 Dear Mr. Roventini: Subject: Your letter of May 9 regarding the Aquifer Storage and Recovery feasibility study proposed by the City of Santa Rosa I have reviewed this matter with my staff and, at present, we have not received a referral on the project from the City of Santa Rosa. It appears from your description that there may be possible environmental concerns that need to,be addressed. Until we have had a chance to review the complete proposal, however, we cannot comment on the significance.or potential effects of the proposed project. The County of Sonoma is the administrative authority for issuance of a well permit for the project. A well is defined in the County Code as an artificial excavation for the purpose of extracting or recharging ground water. A requirement of the code is that "no person shall knowingly install or maintain a well, test well, test hole or observation well in.any manner that will result in pollution or contamination of the potable ground water, and /or which allows the entrance of surface waters into the potable or usable ground water'!. Pollution means "an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects (1.) such waters for beneficial uses, or (2) facilities which serve beneficial uses". From the foregoing, it can be seen that significant questions must be answered prior to the issuance of a well construction permit. If I can be of further assistance, please contact me at 527 -3636. Sincerely, Richard L:..Holmer, REHS Field Operations Manager c: City of Santa.Rosa, James E Pedgrift, Mayor Mark Kostielney