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1989/12/12 City Council MinutesRohnert Park City Council Minutes (1) December 12, 1989 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. Call to Order Mayor Hollingsworth called the regular session to order at approximately 7:37 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7:00 p.m. to discuss personnel and litigation matters. Roll Call Present: (5) Council members Cochran, Eck, Hopkins, Spiro and Hollingsworth Absent (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planning Director Skanchy, Director of Administrative Services /Assistant to City Manager Netter, Assistant to the City Manager Leivo, and Youth Services Specialist Park. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, the minutes of November 28 and December 5, 1989 were approved as submitted. Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, the bills presented per the attached list in the amount of $745,651.78 were approved. CDA bills presented per the attached list in the amount of $328,998.51 were approved. Non - agendaed Items Mayor Hollingsworth queried if any Council member had any non - agendaed items to add to the agenda. No one responded. Unscheduled Public Mayor Hollingsworth stated that in compliance with Appearances State Law (The Brown Act), anyone in the audience who wished to make a comment may do so at this time. Miho Kite, representative of Sister City(s) Relations Committee, 5716 Dexter Court was recognized, distributed copies to Council of 1990 January Suggested Itinerary for the Hashimoto Teachers and shared the contents therein. She said that the Sister City(s) Committee is planning to sponsor a group of Japanese students, that there would be three teachers to accompany the students, and that the itinerary was set up in order to familiarize them with the area. She pointed out that the all -day tour of Rohnert Park was scheduled for January 4th and said that she was here tonight to request the City to provide either lunch or dinner on that day. A motion was made by Councilman Eck, seconded by Councilman Hopkins and unanimously approved, to provide dinner on Thursday, January 4th, 1990 for the Hashimoto teachers' itinerary sponsored by Sister City(s) Relations Committee as clarified with staff. Resolution No. 89 -184 Resolution No. 89 -186 Resolution No 89 -187 Rohnert Park City Council Minutes (2) December 12, 1989 CONSENT CALENDAR Mayor Hollingsworth queried if anyone had any questions regarding the matters on the consent calendar. City Manager Callinan said that it was necessary to remove Resolution Nos. 89 -185, 89 -188 and 89 -191 per memos provided to Council prior to the meeting with more detailed explanations to follow motion of Consent Calendar. Acknowledging the City Manager /Clerk's report on the posting of the agenda. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLETION AQUEDUCT NORTH PIPELINE & WELL SITE 16 CONNECTION PROJECT NO. 1988 -3 RESOLUTION CALLING FOR SEALED PROPOSALS FOR FURNISHINGS AND MISCELLANEOUS EQUIPMENT FOR THE ROHNERT PARK PERFORMING ARTS CENTER RESOLUTION CALLING FOR SEALED PROPOSALS ROOF FOR ROHNERT PARK STADIUM PROJECT NO. 1989 -2 Resolution No. A RESOLUTION AUTHORIZING GRANT DEED (Re. Remnant parcel on Maurice 89 -189 Avenue in exchange for Maurice Avenue right of way) Resolution No. A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN WILLIAM J. 89 -190 PFEFFER & ASSOCIATES AND THE CITY OF ROHNERT PARK (FOR PLANNING /PARCEL SOFTWARE SYSTEM (PARDB) Resolution No. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT 89 -192 BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Ordinance No. 519 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Approval of Parcel Map No. 130 for Maurice Avenue area immediately south of E. Cotati Avenue. Approval of Parcel Map No. 127 - Codding Bank - Southeast corner of Rohnert Park Expressway and Redwood Drive. Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, with the exception of Resolution Nos. 89 -185, 89 -188 and 89 -191, the Consent Calendar as outlined on the meeting's agenda was approved. City Manager Callinan explained reasons for removal of three resolutions from tonight's Consent Calendar as follows: 1) Resolution No. 89 -185 - Council had been provided with copies of memo dated December 12, 1989 from Superintendent of Public Rohnert Park City Council Minutes (3) December 12, 1989 Works Rail explaining the need to evaluate further the Benicia Pool fiber - glassing project. 2) Resolution No. 89 -188 - bids for Five Creek Pedestrian /Bike Bridge, Project No. 1989 -20 have been deferred to January 1990 to make sure the EIR is adequate. 3) Resolution No. 89 -191 - City Attorney had not had an opportunity to review the Lease Purchase Agreement with First Municipal Division, BANC One Leasing Corp. (Telephone System - Public Safety Main Station). Youth Services Bureau Mayor Hollingsworth made a presentation from the Board of Supervisors of the County of Sonoma of a resolution acknowledging and commending the Rohnert Park Youth Services Bureau for its long term commitment and high level of service to youth to Jim Park, Youth Services Specialist, on behalf of the Department of Public Safety. He shared from the resolution that the Youth Services Bureau operates a multi- faceted program including a Diversion Program, Truancy Program, and an extensive Counseling Program, and that these programs significantly reduce the number of inappropriate referrals made to the already overburdened Criminal Justice System, Mental Health System and Social Services System. He commended Jim Park as well as the Department of Public Safety for a job well done. Jim Park, Youth Services Specialist, was recognized and introduced various counsellors who have worked with him and expressed words of appreciation for their participation in the program as well as to the Council for tonight's presentation. Commission /Committee City Manager Callinan explained that Council had been provided Board Appointments with a list of commissions, boards and committees that have members with expiring terms and that tonight's agenda lists the groups with expiring terms of members as well as the Council's nomination order. Mayor Hollingsworth acknowledged those in the audience who were interested in reappointments to the various commissions, committees and boards as listed on tonight's agenda. Planning Commission Councilman Hopkins noted a correction in the nomination order for the Planning Commission and asked if an emergency item was necessary on tonight's agenda. City Attorney Flitner said that an emergency item would not be necessary. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, to nominate John Hamilton for reappointment to the Planning Commission for a two (2) year term to expire December 31, 1991. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to nominate Michael Mullins for reappointment to the Planning Commission for a two (2) year term to expire December 31, 1991. Rohrert Park City Council Minutes (4) December 12, 1989 Council concurred that for the remainder of the commissions' appointments, all members with expired terms would be reappointed within a single motion for each commission. Parks and Recreation A motion was made by Councilman Cochran, seconded by Council Commission Member Spiro, and unanimously approved, to nominate David O'Brien, James Plaisted, and James Stevens for reappointment to the Parks and Recreation Commission for two (2) year terms to expire December 31, 1991. Cultural Arts A motion was made by Councilman Hopkins, seconded by Councilman Commission Cochran, and unanimously approved, to nominate Lavonne Bain and Grace Gilbert for reappointment to the Cultural Arts Commission for four (4) year terms to expire December 31, 1993. Senior Citizens A motion was made by Councilman Hopkins, seconded by Council Advisory Commission Member Spiro, and unanimously approved, to nominate Ann Kennedy and Herb Lyons for reappointment to the Senior Citizens Advisory Commission for two (2) year terms to expire December 31, 1991. Rent Appeals Board Councilman Hopkins asked if Rent Appeals Board terms could by staggered so that all appointments would not expire at the sam time. City Attorney Flitner said that the ordinance sets the terms of appointments for two year terms with Commissioners serving a maximum of two full terms. Discussion followed regarding the logic of staggered terms, nomination order of Council members, and confirmation was given that W. Ralph Jones has reconsidered and has expressed the desire to be reappointed due to the complexity of the Rent Appeals Board hearings in process concluding that it would not be good timing for a new appointment to the board. A motion was made by Mayor Hollingsworth, seconded by Councilman Cochran, and unanimously approved, to nominate W. Ralph Jones for reappointment to the Rent Appeals Board for a two (2) year term to expire December 31, 1991. A motion was made by Council Member Spiro, seconded by Councilman Eck, and unanimously approved, to nominate Charles Paulson for reappointment to the Rent Appeals Board for a two (2) year term to expire December 31, 1991. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, to nominate Vern Smith for reappointment to the Rent Appeals Board for a two (2) year term to expire December 31, 1991. A motion was made by Councilman Cochran, seconded by Council Member Spiro, and unanimously approved, to nominate Gerald J. Kohler for reappointment to the Rent Appeals Board for a two (2) year term to expire December 31, 1991. Rohnert Park City Council Minutes (5) December 12, 1989 A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, to nominate David R. Militello for reappointment to the Rent Appeals Board for a two (2) year term to expire December 31, 1991. Sister City(s) Mayor Hollingsworth explained that Council had been provided with Relations Committee copies of letter dated November 9, 1989 from Gordon Adam, Chairman of Sister City(s) Relations Committee to Council Member /Committee liaison Spiro regarding recommendation of staggered terms (a copy of which is attached to the original set of these minutes). He explained that appointments had previously been ratified by the City Council upon recommendation of the Committee. It was noted that Council approved eleven (11) members and that eight (8) members have expressed an interest in continuing to serve as follows: Gordon Adam, Carol Grubler, Susan Harrow, Frances Horler, Miho Kite, Dave Santori, Pam Santori, and Julia Yonemura. Councilman Cochran said that the expanding committee as a whole concept has the idea of an all inclusive membership and did not think Council should restrict the Sister City(s) Relations Committee. Discussion followed regarding committee member rotation, that almost anyone could be an exofficio member, and whether or not Council action was necessary. Miho Kite, member of Sister City(s) Relations Committee, was recognized and spoke from the audience. She said that it was her understanding to have the limited voting members but that others were welcome to be members as working participants. She said that the problem at this point was that they only have eight (8) members since three (3) have resigned, but that the Sister City Committee will accept anyone in the County who is interested in becoming members as previously mentioned. A motion was made by Council Member Spiro, seconded by Councilman Hopkins, to accept staggered term recommendations of November 9th, 1989 letter from Gordon Adam, Chairman, Sister City Committee, and approved by the following vote: AYES: (4) Eck, Hopkins, Spiro, and Hollingsworth NOES: (1) Cochran ABSENT: (0) None Council Committee/ City Manager Callinan explained that a list had been provided to Liaison Assignments Council as printed on tonight's agenda of all Council Committee /Liaison assignments for Council to review and make appropriate changes. City Council reviewed the list, discussed various changes, and concurred to the changes establishing Council Committee /Liaison assignments (liaisons in parentheses) as follows: Cultural Arts Commission (Cochran) Parks and Recreation Commission (Hopkins) Planning Commission (Hollingsworth) Senior Citizens Advisory Commission (Spiro) Sister City(s) Relations Committee (Spiro) Rohnert Park City Council Minutes ( &) December 12, 1989 ABAG (Hopkins, Alt. Spiro) Baseball and Stadium (Cochran & Hopkins) Chamber of Commerce (Eck) Community Outreach for Youth (Spiro & Hopkins) Golf Course (Hollingsworth & Hopkins) Library Advisory Board (Hopkins) No.Bay Advisory Committee of Bay Area Rapid Transit Dist. (Spiro) Public Safety /Civic Center (Cochran, Hopkins) Regional Wastewater Advisory Committee (Eck, Alt. Hopkins) Sonoma County Transportation Committee (Cochran) Sonoma County Transportation Planning Council (Hopkins) Substance Abuse (Spiro) Swim Center (Cochran & Eck) Theatre Interior Design (Eck & Spiro) Transportation Committee /Sales Tax Initiative (Cochran, Alt. Eck) Water Agency Policy Committee (Hopkins, Alt. Eck) Cable TV Director of Administrative Services /Assistant to City Manager Netter explained that Council had been provided with copies of transmittal report regarding the proposed January 9, 1990 public hearing on cable TV system and services review. He said that the City's new cable communications ordinance provides that the Cit, hold a system and service review public hearing every three (3) years, that because the franchise agreement with MultiVision Cable TV Corp. is scheduled to expire on May 31, 1990 it may be appropriate to conduct this systems and service review at this time. The review would focus on programs and services provided, the feasibility of providing new services, the application of new technologies, system performance, programming, subscriber complaints, and other cable related services. MultiVision has complied with a section of the ordinance by providing a list of services provided, available channels, and reasons why other services are not provided. MultiVision currently provides 40 channels which includes one (1) super station (WTBS). Discussion followed in which Council concurred it was in favor of having a public hearing for cable TV to be held in the council chamber, that it would give people a chance to express concerns and preferences, and that previous commitments made by MultiVision to upgrade the state of the arts could also be reviewed. A motion was made by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, to set a public hearing for cable TV system and services review on January 9, 1990. Richard Crane C -PAT Director of Administrative Services /Assistant to City Manager Netter explained that Council had been provided with copies of letter dated November 14, 1989 from Terri K. Crews, Co -Vice President of Richard Crane Elementary School's Parent - Teacher Group (C -PAT) regarding school crossing guards at Camino Colegio and Southwest Blvd. in front of Crane Elementary School. He said that at previous City /School District joint meetings, crossing Rohnert Park City Council Minutes (7) December 12, 1989 guards have been a discussion topic, that Ms. Crews has discussed this particular intersection and crossing guard situation with the Cotati- Rohnert Park Unified School District, and is now requesting assistance from the City for any suggestions it might have to help ease the problem. Discussion followed confirming that Council will be meeting with the School Board in January, that the problem with school crossing guards would be discussed then to work something out with the School District and the City, and Council concurred that staff should respond to the above - mentioned letter. Terri K. Crews, Co -Vice President of Richard Crane C -PAT, 7128 Avenida Cala, was recognized and explained that the purpose in writing the above - mentioned letter was to ask Council to work with the school crossing problem, and that the City, teachers and parents need to work together for a solution. She cited several incidents relating to the school crossing at Camino Colegio and Southwest Blvd. Discussion followed. Mayor Hollingsworth expressed appreciation to Ms. Crews for sharing concerns regarding school crossing guards and said the matter would be reviewed by Council at the meeting with the School Board in January as previously mentioned. Codding Center: Assistant to the City Manager Leivo referred to revised Final Design Plan preliminary floor plan on the wall and explained that Council had been provided with copies of transmittal report regarding the final design plan for the senior citizen portion of the Codding Center building and shared the contents therein. He said that in November, the Council reviewed design plans and authorized hiring Tom Whitson to prepare construction drawings and specifications. He said the most significant change in the design was the expansion of the Activity Room at the expense of storage space and one office. He said another issue was a smokers room versus storage for the Senior Crafts Shop and that these competing needs were met by splitting an office into two areas pointing out rooms 3 & 4 on the floor plan. Other minor details were discussed and Council was informed that Public Works staff has begun demolition and salvage work at the Codding Center. Discussion followed regarding the use of the old vault area for storage. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, to approve the final design plan as submitted by staff for the senior citizen portion of the Codding Center building. "T" Academy - Interim Director of Administrative Services /Assistant to City Manager Use of Space Netter referred to floor plan on the wall and explained that Council had been provided with copies of "T's" Academy Newsletter and brochure along with staff's transmittal report regarding request by "T's" Academy for interim use of space in the Codding Rohnert Park City Council Minutes (8) December 12, 1989 Center. He said that Rev. Sam Tharpe has approached the City requesting space within the Codding Center on an interim temporary basis for a classroom to house "T's" Academy for a four to six month period. He said that the Codding Center has a 528 sq.ft. room on its east side adjacent to the main entry of the proposed Youth Center and that if Council agrees to Rev. Tharpe's use of this space on an interim basis, staff will prepare a lease agreement which will address certain terms, rent, and a maximum time limit for use. Rev. Sam Tharpe, Administrator /Director of "T's" Academy, was recognized and said that he has worked with the needs of people in the area for about eighteen years, that he taught history prior to going into this business, and shared background, development and operations of the Academy. Discussion followed regarding the kind of permanent location needed, the possibility of housing needs and the current need for educational space. Council concurred that the immediate need for interim space should be addressed at this time with consideration to help locate a permanent place and assist in long range solutions at a later date. John Chase, 6062 Dolores Drive, was recognized and said that he wanted to commend Rev. Tharpe for the job he is doing, that it is a job that the community should give its entire support as he is taking care of troubled children. He said that he did not think space at the Codding Center should be used for the Academy as it may conflict with the operations and enjoyment of the Senior Center portion. Discussion followed regarding another location for the Academy, that the City's other buildings are fully utilized, and that the Academy needs a place where educational equipment /tables, etc. can remain set up. Council concluded that the timing of the interim space use by the Academy would be for a period of four to six months and that the Codding Center would not be ready for the seniors occupancy until summer which would not conflict with the Academy's interim use. A motion was made by Council Member Spiro, seconded by Councilman Hopkins, and unanimously approved, for staff to prepare a Lease Agreement for the interim use of space for "T's" Academy authorizing the Mayor to execute the Lease on behalf of the City, and that staff be directed to analyze possibilities for a permanent place for "T's" Acedemy. City Offices - Use Director of Administrative Services /Assistant to City Manage of Space Netter referred to plans on the wall and explained that Council had received copies of transmittal report regarding use of space for City offices, memorandum dated December 8, 1989 listing furniture and equipment needed, and preliminary floor plans A & B as options for consideration and shared the contents therein. Rohnert Park City Council Minutes (9) December 12, 1989 Discussion followed clarifying that the proposed Youth Center space was not affected by the City Hall options for use of space, that the cost of moving was basically for moveable equipment and furnishings that could be utilized if relocation occurred later, and that the current crowded conditions at City Hall are not conducive to efficient work flow. Council concluded to give approval for Plan A which is the use of approximately 1300 sq. ft. of the northern portion of the Codding Center building and to reevaluate future expansion as represented on Plan B at a future date when the Youth Center and other operations are more clearly known. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, to approve Plan A as submitted by staff for City offices use of space at the Codding Center. Planning and Zoning Planning Director Skanchy referred to maps on the wall and said File No. 1362 that copies had been provided to Council of Planning Staff Report dated November 9, 1989, Notice of Public Hearing dated November 21, 1989 and resolution for consideration and shared the contents therein regarding File No. 1362 - Consideration of abandonment of easement on 8,450+ square foot triangular parcel located on the south end of Lamont Court and Lacrosse Court within the Holiday Park Subdivision Unit No. 5. Discussion followed regarding using assessed value versus market value and confirmation was given that the buyers in "L" section of the City property would pay for all costs plus the current value of the parcel as shown on the assessor's tax roll according to guidelines previously used. Public Hearing Mayor Hollingsworth opened the public hearing at approximately 8:52 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. No one responded. There being no one desiring to speak, Mayor Hollingsworth closed the public hearing at approximatelly 8:53 p.m. Resolution No. A RESOLUTION OF THE CITY OF ROHNERT PARK ABANDONING AND VACATING 89 -193 AN 8,450+ SQUARE FOOT TRIANGULAR PARCEL LOCATED ON THE SOUTH END OF LAMONT COURT AND LACROSSE COURT WITHIN THE HOLIDAY PARK SUBDIVISION UNIT NO. 5 (A PORTION OF ASSESSOR'S PARCEL NO. 046- 560-72 PARCEL B FILE NO. 1362) Upon motion by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 89 -193 was adopted. File No. 1363 Planning Director Skanchy referred to map on the wall and said that copies had been provided to Council of Planning Staff Report dated November 9, 1989, Notice of Public Hearing dated October 23, 1989, and resolution for consideration and shared the contents therein regarding File No. 1363 - Consideration of appeal of Planning Commission denial of abandonment of easement on 14,775 square foot rectangular parcel located on the most easterly side of the Foothills Subdivision, 100 feet east of Jasmine Circle. Rohnert Park Ctv Council Min„ *_es (10) December 12, 1989 City Manager Callinan said that Council had been provided with copies of letter dated June 21, 1989 from PG &E regarding the utility easement it has over the 25 foot wide landscape parcel for a 21,000 high voltage wire that's buried underground which has to be maintained so PG &E must have access to that area. He shared a picture with Council showing the area. Discussion followed confirming. requirement of a buffer strip similar to the one by the Performing Arts Center but that a park as shown on the map would suffice. Mayor Hollingsworth opened the public hearing at approximately 9:00 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. Roslyn Eliaser, 1415 Jasmine Circle, was recognized and said that the problem with the area behind their properties in that it's not being maintained and that youth are using it for parties, drinking, etc. She said they would like to take it over so the area could be maintained and that they were surprised at the Planning Commission's decision not to approve the sale of the property because of all the discussions they have had regarding the matter over the past year. She said that they are therefore asking Council for an appeal of Planning Commission denial of saj abandonment of easement. Dave Bartlett, 1423 Jasmine Circle, was recognized and referred to funds needed by the City for office furniture mentioned earlier in tonight's meeting and said that the sale of said property could purchase the desks. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 9:03 p.m. Discussion followed regarding concerns about the liability factor, the posting of signs, and how the City could not depend on waivers. Sil Cincera, 965 Hawthorne Circle, representative of PG &E, was recognized and said that normally wires are buried three (3) feet or more underground, that PG &E would not recommend abandonment of such property, and that said area does have high voltage wire which is very dangerous if anyone should happen to dig there. Discussion followed. A motion was made by Councilman Eck, seconded by Councilman Cochran, to uphold the Planning Commission's decision regarding File No. 1363 and not approve abandonment of easement, and approved by the following roll call vote: AYES: (3) Cochran, Eck, and Spiro NOES: (2) Hopkins and Hollingsworth ABSENT: (0) None Rohnert Park City Council Minutes (11) December 12, 1989 Mayor Hollingsworth said that he would like to suggest that the City Attorney be contacted first the next time there's an issue of this kind to save time and avoid misunderstandings. General Plan Update Assistant to the City Manager Leivo said that the changes to the Planning Commission Draft for the General Plan should be incorporated by the end of this month and, also, that all surveys should be recorded and completed by the end of this month. He said that the Planning Commission wants to review the revised draft at its first meeting in January on the 11th so the recommended plan to City Council should be completed at that time. Mr. Leivo said that the EIR is proceeding jointly with the General Plan draft revisions so changes are incorporated as the process proceeds, that this should make it possible to have a preliminary report on the EIR for the Council's review period, and that adoption of the General Plan would be moved into February or the middle of March so will also be looking at certifying EIR at that time. He said that the Planning Commission would be able have a formal hearing on the EIR at the first meeting in January. Mayor Hollingsworth said that he would like to suggest having another Public Forum to review the document one more time after Planning Commission has its final draft ready to present and before it comes to the City Council. A motion was made by Mayor Hollingsworth, seconded by Councilman Eck, and unanimously approved, to have another Public Forum for the General Plan review after Planning Commission has its final draft ready for presentation to City Council. Assistant to the City Manager Leivo explained that copies had been provided to Council of letter dated December 7, 1989 with fourth alternative agreement letter from Earth Metrics Inc. and shared contents therein. He said that the original proposal from Earth Metrics Inc. was for three alternatives, but that the consultants would like to recommend the City review the fourth plan, basically calling it the staff alternative, as proposed by the Planning Commission, and reviewed the fourth alternative as outlined. Discussion followed regarding the logic of adding the fourth alternative by Earth Metrics Inc. for the General Plan EIR. A motion was made by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, to authorize Earth Metrics Inc. to prepare and analyze a fourth alternative to the Rohnert Park General Plan EIR at a cost of $2,560 per authorization letter of agreement dated December 7, 1989. So.Co.Transportation Councilman Cochran said that the Sonoma County Transportation Committee continues to meet on a bi- weekly basis, that the meetings are now open to the public and press whereas the first three or four meetings were not open to same, and that an idea has been presented to the committee regarding a format set forth using TDA funds. He said that the 1/2 cent sales tax should be explored Rohnert Park City Council Minittca (17) December 12, 1989 since the full cent failed, that the 1/2 cent tax alternative would come up short several million dollars but at the same time will continue to discuss, that this sales tax initiative will probably even miss out on the November 1990 vote, and that he would have an update for Council in mid- January. Councilman Cochran referred to letter dated November 27, 1989 from Councilman Pete Foppiano, City of Healdsburg, (copies provided to Council) regarding reducing traffic congestion and expenditures of same. He said that he assumed the Mayors' and Councilmen's Association Transportation Committee at its meeting this Thursday would be addressing Mr. Foppiano's letter. 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. City Manager's Report: Director of Administrative Services /Assistant to City Manager Delores Fussy Lawsuit Netter updated the Council on the lawsuit regarding an alleged false arrest on July 4, 1987 of Delores Fussy and informed the Council that the City has been released from that suit on a Summary Judgement indicating that it was a frivolous suit, an that REMIF has been advised to pursue recovery of expenses from Mrs. Fussy in the amount of approximately $11,000. Discussion followed confirming that attorney's fees could not be recovered therefore pursuing the magnitude of other expenses, and the recommendation not to get involved in this type of collection since the law establishes that a judge or jury would have to say it was a malicious attempt which would not be the case in this situation. Council asked for City Attorney's opinion. City Attorney Flitner said that the City ought to have an attorney for REMIF look into the matter for an agreed upon fee as substantial cause may be discovered in the deposition. Further discussion followed regarding caution of expenses pertaining to this matter. Michael Hansen Lawsuit- Assistant to City Manager Netter explained that Council had been provided with copies of his letter with attachments dated December 1, 1989 regarding Michael Hansen lawsuit. He said that this lawsuit had been filed against the City due to an alleged injury while playing basket ball at the Sports Center, that said claim was rejected by the Council on November 22, 1988, and that claim and lawsuit files have been turned over to REMIF for handling. Fun After 50 Club Assistant to City Manager Netter said that $500 had been donates Donation to by the Fun After 50 Club to be used at the Codding Center for the Codding Center purchase of chairs. Council concurred that an appropriate letter of appreciation should be sent from the Mayor. Rohnert Park City Council Minutes (13) December 12, 1989 Cal Trans Cooperative Assistant to City Manager Netter explained that Council had been Agreement re. provided with copies of letter dated November 28, 1989 from Widening Redwood Dr. California Department of Transportation regarding executed Cooperative Agreement for the widening of Redw000d Drive from the 101 International driveway north to J. Rogers Lane. He said that the terms of this Cooperative Agreement establish that the State will provide a $250,000 contribution for widening Redwood Drive to four (4) lanes, that in exchange the City would relinquish the State's obligation for widening this project per its 1969 Freeway Agreement. Mr. Netter said that if the City waited for the State to honor its 1969 agreement, it is anticipated that Redwood Drive would not be widened for several years due to the State's low priority of the project. He said that the total cost is estimated to be $650,000 making the total commitment from the City $400,000, and that staff recommends calling for sealed proposals on this project in January which would enable construction to be completed in the spring of 1990. Standard Insurance Assistant to City Manager Netter explained that Council had been Long Term Disability provided with copies of letter dated November 27, 1989 from Rate Reductions Standard Insurance Company regarding the reduction of rates on the City's long term disability program. He referred to page 7 of City Council Memorandum dated December 7, 1989 regarding this matter and shared contents therein. Mr. Netter discussed staff's research into alternative funding of the long term disability program and explained the various options. Mr. Netter also requested Council's authorization to reduce the minimum working hours from 30 hours to 20 hours per week so that regular part time employees can take advantage of the long term disability contract as do full time employees. A motion was made by Councilman Cochran, seconded by Council Member Spiro, and unanimously approved, authorizing staff to execute a contract amendment with Standard Insurance to reduce the minimum working hours from thirty (30) to twenty (20) hours per week so that regular part time employees can receive the benefits of the long term disability contract with Standard Insurance. Christmas Tree Assistant to City Manager Netter explained that copies had been Recycling Program provided to Council of flyers with details of the Christmas Tree Recycling Program which has been coordinated with the County of Sonoma and Empire Waste Management. He said that the program will be a curbside program whereby Empire Waste will send a special truck around on regular trash pickup days from January 2 - 6, 1990 to pick up all Christmas trees throughout the City, that the trees will be delivered to the central site whereby chipping equipment will chip the trees into ground cover and used for landscaping purposes, and that an ad will be placed in the Clarion just prior to commencement of the program. Rohnert Park City Council Minutes 114; LecemUer 12, 1989 Green Mill Sign City Manager Callinan said that the City Attorney would be handling the matter regarding the Green Mill Sign on U.S. 101 which the City Council had designated as an historical landmark referring to a letter received dealing with some controversy between the property owner and National Advertising. Fire Sprinklers City Manager Callinan brought to the attention of the City Council the November 1989 opinion by the State Attorney General to the effect that municipalities cannot enact codes stricter than Fire Marshalls' standards; that is, cities cannot impose more strict fire sprinkler requirements than required by State law. He advised that a copy of the opinion had been given to City Attorney Flitner for his review and a copy will be provided to the Council. He further indicated the matter would be scheduled for discussion at the first City Council meeting in January 1990 and that it may be necessary, depending on City Attorney Flitner's report, for the City to repeal its requirements for fire aprinklers which are stricter than State law. Minutes Correction City Manager Callinan advised that there was an error in the November 28th City Council Meeting minutes that indicated that the meeting was chaired by Mayor Cochran when, in fact, he was absent and the meeting was chaired by Mayor Pro - Tempore Hollingsworth. The Council noted the correction and authorized the minutes to reflect the correction. Parcel Map No.130 City Manager Callinan, referring to the copy of Parcel Map No. 130 Land Swaps & Uses which was on display, explained the final outcome of the efforts to extend Maurice Avenue to E. Cotati Avenue and to straighten out the properties between the church, the City and the other individuals. He pointed out that the remnant parcel had been acquired from the Crane family interests through eminent domain proceedings at a purchase price of $47,000 purchase price plus costs with said amounts being reimbursed to the City by Condiotti Enterprises. The right of way and improvements for Maurice Avenue were installed at no cost to the City; that portion of the remnant parcel to the west side of Maurice Avenue is being made a part of Lot No. 1 on Parcel Map No. 130 and was deeded to Jimmie and Sherlyn Rogers earlier in the meeting in consideration for the costs incurred in providing the right of way for Maurice Avenue and in paying for some of its improvements. Mr. Callinan further indicated that the Holy Family Episcopal Church is getting a credit against development fees related to the development of its new church in the amount of $37,331 in exchange for the church's dedicating the right of way for Maurice Avenue to the City and installing its share of the improvements at no cost to the City. He further reported that the portion of the remnant parcel which was acquired and which lies on the east side of Maurice Avenue which is referred to as Lot No. 3 on Parcel Map No. 130 is being retained by the City and will be used as a well site and as a public safety facility substation. He indicated that the Rohnert Park City Council Minutes (15) December 12, 1989 extension of Maurice Avenue north to E. Cotati Avenue which created a four -way intersection with Snyder Lane was made possible through the cooperation of the church, Condiotti Enterprises, and Jimmie Rogers. He also reported that the City had opened bids for the installation of traffic signals at the intersection of E. Cotati Avenue and Maurice Avenue /Snyder Lane, and having received a good bid, will recommend award of contract at the next scheduled City Council meeting. City Attorney's Report: City Attorney Flitner said that the Sierra Club lawsuit matter was Sierra Club Lawsuit reported in tonight's closed session, that there was nothing new to report at this time, and that results of decisions should come out within ninety (90) days. Harris Lawsuit City Attorney Flitner said regarding the Harris lawsuit that they still have not responded so there's a possibility of resolving that lawsuit. Matters from Council: Councilman Eck said regarding the Copeland Creek bike path that a cyclone fence has been put up and when the gate is locked the only access has low cut trees that are dangerous to get by, that he has talked to a member of the School Board regarding the matter, and that attention to this bike path should have high priority. Councilman Eck asked if the new trash containers could be placed in the street gutters versus blocking the sidewalks to which City Manager Callinan responded that effort is made to make sure everything in the street has reflectors but that the possibility would be discussed with the garbage company. City Manager Callinan said the School Board would like to meet with City Council on January 22, March 5th or 19th. Council concurred to meet with the School Board on January 22nd, 1989. Mayor Hollingsworth referred to letter dated November 28, 1989 from Sonoma County Board of Supervisors regarding the City Selection Committee meeting on December 14, 1989 for the purpose of selecting nominee(s) to fill a vacancy on the California Coastal Commission. The Mayor appointed Councilman Cochran as said nominee. This nomination is to be presented by the Mayor to the nomination committee of the Mayors' and Councilmen's Assoc. on the December 14th meeting of which the Mayor and Assistant to City Manager Netter will also be attending. Councilman Cochran confirmed that he would also put his request for nomination in writing. Rohnert Park City Council Minutes ;16; December 12, 1909 Unscheduled Public George Horwedel, 7660 Camino Colegio, was recognized and said that Appearances a possibility to consider for the new trash containers could be a green strip between the curb and sidewalk like Santa Rosa has with trees, etc. that helps beautify the neighborhood and absorbs noise. He said that this might be a good idea to add to the General Plan. Adjournment There being no further business, Mayor Hollingsworth adjourned the meeting at approximately 9:55 p.m. Z ?-- f De y Ci . Clerk Mayor