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1990/01/09 City Council MinutesRohnert Park City Council Minutes (1) January 9, 1990 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 7:36 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, Director of Administrative Services /Assistant to City Manager Netter, Assistant to the City Manager Leivo, Director of Public Safety Dennett, and Director of Performing Arts Center Grice. Invocation Mayor Hollingsworth explained that it has been the custom of City Council to start each New Year with an invocation. He introduced Pastor Glen Allen of the First Baptist Church of Rohnert Park, who gave the invocation. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, the minutes of December 12, 1989 were approved as submitted. Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the bills presented per the attached list in the amount of $1,153,921.97 were approved. CDA bills presented per the attached list in the amount of $2,365,911.72 were approved. Non - agendaed Items Mayor Hollingsworth queried if any Council member had any non - agendaed items to add to the agenda. City Manager Callinan said that he would like to add an item to City Manager's Report regarding City Limits /Welcome signs. Council Member Spiro said that she would like to add an item to Matters from Council regarding Women's History Month. 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. No one responded. Rnhnart Park Cit y Council Minutes 12% n , 19901 CONSENT CALENDAR Mayor Hollingsworth queried if anyone had any questions regarding the matters on the consent calendar. City Manager Callinan explained Ordinance No. 519 stating that it authorizes an amendment to the contract between the Public Employees Retirement System (PERS) and the City to provide the one highest year compensation to miscellaneous members. He said the amendment also provides the optional benefit of military service credits as public service to management employees and non - represented employees in the miscellaneous group. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 90 -01 RATIFYING THE EXTENSION OF THE BID OPENING FOR THE FURNISHINGS AND MISCELLANEOUS EQUIPMENT FOR THE ROHNERT PARK PERFORMING ARTS CENTER Resolution No. A RESOLUTION AUTHORIZING PURCHASE OF TELEPHONE SYSTEM FOR CITY OF 90 -02 ROHNERT PARK PERFORMING ARTS CENTER Resolution No. A RESOLUTION APPROVING THE PURCHASE AND AUTHORIZING THE 90 -03 EXPENDITURE FROM THE GENERAL FUND IN THE 1989 -90 BUDGET OF AN AT &T TELEPHONE SYSTEM FOR PUBLIC SAFETY MAIN STATION Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS FOR A GENERATOR FOR THE 90 -04 CITY OF ROHNERT PARK DEPARTMENT OF PUBLIC WORKS Resolution No. A RESOLUTION OF AWARD OF CONTRACT TRAFFIC SIGNAL: EAST COTATI 90 -05 AVENUE AT SNYDER LANE /MAURICE AVENUE PROJECT NO. 1989 -1 Resolution No. A RESOLUTION APPROVING A NEPOTISM POLICY FOR EMPLOYMENT OF 90 -06 RELATIVES, SPOUSES AND PEOPLE LIVING TOGETHER IN AN INTIMATE RELATIONSHIP Resolution No. A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS /CITY 90 -07 ENGINEER TO SIGN RIGHT -OF -WAY CERTIFICATIONS FOR THE WILFRED AVENUE INTERCHANGE RAMP IMPROVEMENTS Resolution No. A RESOLUTION APPROVING SPACE LEASE /RENTAL WITH WESTERN 90 -08 TEMPORARY SERVICES, INC. FOR OFFICE SPACE AT CODDING CENTER, 100 ENTERPRISE DRIVE Resolution No. A RESOLUTION AMENDING "OUTLINE OF CERTAIN CONDITIONS OF 90 -09 EMPLOYMENT, FRINGE BENEFITS AND SALARY ADJUSTMENTS" FOR NON - REPRESENTED EMPLOYEES TO INCLUDE POLICE AND FIRE CALL OUT PAY Resolution No. RESOLUTION REQUESTING THE SONOMA COUNTY WATER AGENCY TO ACCEPT 90 -10 MAINTENANCE OF A PORTION OF HINEBAUGH CREEK AND AUTHORIZING GRANT OF EASEMENT Rohnert Park City Council Minutes (3) January 9, 1990 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 Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution No. A RESOLUTION AWARDING CONTRACT (FOR FURNISHINGS AND MISCELLANEOUS 90 -11 EQUIPMENT FOR THE ROHNERT PARK PERFORMING ARTS CENTER) Director of Administrative Services /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Eck, seconded by Council Member Spiro, and unanimously approved, Resolution No. 90 -11 was adopted. Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 90 -12 RECOMMENDING MAJOR NON- INTERSTATE PROJECTS IN SONOMA COUNTY FOR INCLUSION IN THE STATE TRANSPORTATION IMPROVEMENT PROGRAM 1990 -97 Director of Administrative Services /Assistant to City Manager Netter explained the resolution. Councilman Cochran said that the status at the most recent Mayors' and Councilmens' Committee meeting, after the 1/2 cent gas tax passes in June at the County level, acknowledged it would be sufficient for the Committee to also go for 1/2 cent which would then be married up with the projects referred to in tonight's resolution for consideration. He said that if, on the other hand, the State gas tax fails, the Committee would have to go for the full cent in the November vote. He said that all concerned would probably have to wait until November to see how the State gas tax turns out in June. Upon motion by Councilman Cochran, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 90 -13 was adopted. Resolution No. A RESOLUTION APPROVING A LEASE AGREEMENT WITH SONOMA COUNTY FAMILY 90 -13 YMCA FOR USE OF THE BUILDING LOCATED AT 7450 SANTA BARBARA DRIVE Resolution No. A RESOLUTION APPROVING A LEASE AGREEMENT WITH ROHNERT PARK YOUTH 90 -14 SOCCER FOR USE OF THE BUILDING LOCATED AT 7450 SANTA BARBARA DRIVE Council concurred that Resolution Nos. 90 -13 and 90 -14 should be handled together because of the joint use of the building regarding both Lease Agreements for consideration. Director of Administrative Services /Assistant to City Manager Netter explained Resolution Nos. 90 -13 and 90 -14. He acknowledged Jeanie Dulberg, representing the Sonoma County Family YMCA and Elaine Soto, representing the Rohnert Park Soccer Club, who were in the audience. Rohnert Park City Council Minutes (4j .ianuary 9, 1990 City Manager Callinan said that the building was built by Condiotti, that there's some parking lot work to be done in the spring, and that it will be good to have these organizations utilize the building with such beneficial programs to offer. Discussion followed in which City Attorney Flitner responded to questions regarding the lease providing public funds stating that the Council has a right to lease on terms it deems favorable, that if there's available space, other similar cases could expect provision under the same terms, and that justified youth groups, aged, etc. are ones which the law considers to be good and just cause for certain considerations. Upon motion by Councilman Cochran, seconded by Council Member Spiro, and unanimously approved, Resolution Nos. 90 -13 and 90 -14 were adopted. RP Community Director of Administrative Services /Assistant to City Manager Talent Show Netter explained that Council had been provided with copies of letter dated December 16, 1989 from Ann Rasmussen for Rohnert Park Cultural Arts and Lady Lions of Rohnert Park regarding request to waive theatre use fees for the Rohnert Park Community Talent Show. Discussion followed regarding previous theatre work sessions and the plan to develop policy for theatre fees and /or waivers, similar request from Cotati High School presented to Councilman Hopkins just prior to tonight's meeting, and other approaches recently made to other Councilmembers for such reduced and /or waived fees. Consideration was given to approve tonight's request, but to hold all other requests until a specific fee structure is established for the theatre. A motion was made by Council Member Spiro and seconded by Councilman Eck to approve tonight's request for waiver of theatre fees for the Rohnert Park Community Talent Show, but to hold all others until after a fee structure is established for the theatre. Discussion followed regarding other fee waivers of the Performing Arts Center and the status of the development of policies regarding waivers. It was confirmed by staff that theatre fee schedule should be completed and ready for Council review at its next meeting. Council concurred to rescind motion regarding this matter and to table Rohnert Park Community Talent Show's request to waiver theatre use fees until the next regularly scheduled City Council meeting. Cable TV Service Assistant to the City Manager Leivo explained that Council had been provided with copies of staff report on Cable Television - Service Public Hearing, Notice of Public Hearing regarding same, and letter dated November 5, 1989 from Fran Parkey, Vice President and General Manager of MultiVision Cable TV Corp and shared the contents therein. Mr. Leivo said that Council had also received copies of a letter received today from Harry Steffensen, 403 Alta Rohnert Park City Council Minutes (6) January 9, 1990 similar services within the area to be sure MultiVision is not out of line on charges, that remote service is an option of which there are alternate choices, and that multiple outlets for cable TV is different than additional phone hookups in that extra cable TV outlets can cause leakage trouble and affect the picture quality of its subscribers. Public Hearing Mayor Hollingsworth opened the public hearing at approximately 8:27 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. City Manager Callinan referred t Steffensen, 403 Alta Avenue, regarding this matter and stated this time as part of the public set of these minutes. letter received today from Harry (copies provided to Council) that said letter was received at record and attached to original George Horwedel, 7660 Camino Colegio, was recognized and said that he met Fran Parkey when he lived in Vacaville several years ago and that she helped him out a lot regarding cable TV. He said he was in Vacaville a couple of weeks ago and learned that it has a new service that will work like the phone company for multiple hookups and thought it might be something this Council would want to look at especially if this area is going to sixty or more channels which would be possible with state of the art programming. He said that a recent publication indicated cable TV company's right to drop some stations and that Council might want to look into when that comes into effect. He said that he would like MultiVision representative to comment on 1) hookup installation time limit since service representatives came to his place after 5:30 p.m. when originally scheduled for the morning, 2) plans for Channel 6 programming, 3) reasons why the religious channel was dropped, and 4) if customer service is priority, how can Ms. Parkey tend to programming wants and needs of this community if she's in Sonoma and Fairfield two different days each week and that the City may want to require a full -time manager. Mr. Horwedel concluded with suggestion to Council that a committe should be formed to conduct a survey regarding cable TV service and programming concerns and interests. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 8:32 p.m. Discussion followed in which questions were raised regarding a one time charge for installation of additional outlets versus the monthly charge for additional outlets. City Manager Callinan said that a year or so ago this room was full of residents with cable TV complaints and that the lack of response at this Public Hearing tonight indicated that MultiVision must be doing a pretty good job to which Councilman Hopkins disagreed and said that people have just become too frustrated to think it helps to show up and express their concerns. Rohnert Park City Council Minutes (S) January 9, 1990 Avenue, regarding this matter and that to date, no other letters, phone calls or communications have been received regarding same. He stressed that due to federal law and regulations, the City has no authority to deal with rates. He said that Council has sixty days to put together its response, but that staff would appreciate some directions following the public hearing. Mr. Leivo said that, in addition to the services review, the cable television company is required to provide an annual report to the City and City staff will conduct an on -site review of the cable television system and services. He said that Fran Parkey, General Manager of MultiVision, was in attendance tonight to make statements prior to the Public Hearing and answer questions following same. Discussion followed regarding how this Public Hearing interfaces with franchise agreement. It was confirmed that this was a separate activity which may provide information pertinent to the franchise renewal process. There will be additional hearings during the franchise renewal process. Fran Parkey, General Manager of MultiVision Cable TV Corp., was recognized and said that the company's primary focus and goal is customer service. As a business providing a service, it is necessary for the programming line up to be a reflection of the diversity of the people. Discussion followed regarding 24 hour maintenance service, how to block out unwanted channels, customer surveys, and programming. The next MultiVision survey is planned for this summer. She said, however, that on a continual basis MultiVision tries to get feed back from subscriber's calls and letters which are documented and on file. She said that with respect to the religious channel that was removed last year, their surveys indicated low interest, but revealed high interest in educational programming. She said that MultiVision never likes to delete a channel, but this will be done when necessary. Discussion followed regarding fees charged versus a state of the art system and that some feel MultiVision did not operate a state of the art system, but fees charged reflect such. Examples were given regarding $2.00 per month charge for remote control units versus the option of purchasing the remote control for a one -time charge, and charging for additional outlets. Ms. Parkey responded that state of the art is a dubious term continually changing. There have been many revolutionary changes within the last ten years. MultiVision programming is average for this area but would naturally not compare to New York City. She said that on an annual basis the company does a comparison on Rohnert Park City Council Minutes (7) January 9, 1990 Fran Parkey, General Manager of MultiVision, referred to above - mentioned letter received today from Harry Steffensen and said she would respond to his letter. Ms. Parkey said regarding her time split that she is responsible to MultiVision for this region with various duties and must go where needed and that being keenly interested and concerned was the reason she was here personally tonight. She said that remote control units are provided free to those subscribers with two (2) or more premium services, otherwise the monthly service charge for remote control units was reduced a year ago from $3.50 to $2.00. She said that due to the technology involved regarding the service charges for additional outlets, MultiVision's Engineer Bill Christiansen would explain details following her comments. Ms. Parkey responded to Council inquiry that all subscriber letters are read, recorded in a journal, filed, and available for Council's review as desired. City Manager Callinan confirmed that audits are periodically done, and the last one was completed by staff about a year ago. Bill Christiansen, Regional Technical Engineer for MultiVision, was recognized and explained complications of additional outlets and the company's responsibility to make sure all cable hookups are leak free in order not to interfere with other users. He said that the signals are the company's and federal mandates require MultiVision to maintain quality signals. Mr. Christiansen said that it does make a difference in the number of outlets because the lines are weakened with split ups and the cable TV company has to make additional changes outside the residence to provide adequate service as well as technical adjustments at the company location. KCORRECTION per Mayor Hollingsworth a t Mayor Hollingsworth said that since cable TV is deregulated 1 Council mtg : concerning rate setting, there's not much benefit to discuss service charges at this time, that what might seem excessive`* may i n s e r t "may or" i n not appear so if books were reviewed, and that the service level front of "may not" has apparently improved since complaints are not being received as in the past. He said that if Congress changes the system, Council could be more involved, and that the only thing to hope for is that Multivision be fair and not overcharge the public. He said it was understood that Ms. Parkey was not personally involved in the past regarding the technical problems of limited channels, and asked her if she could tell Council what MultiVision's plans are in the immediate future regarding improvements and such possibilities as sixty (60) channels and multiple hookups similar to phone lines. Ms. Parkey expressed appreciation for the Mayor's kind words and said that MultiVision has worked very diligently over the past couple of years to overcome negative image, that the company is looking forward to the renewal process and is very comfortable with relationships that have been developed with Rohnert Park. She said there are immediate plans to add some additional services, but MultiVision hasn't fully reviewed engineering technicalities involved in doing so. Ms. Parkey responded to Mr. Rohnert Park City Council Minutes (8) January 9, 1990 Horwedel's question regarding time frames provided for service installations and said that service can be arranged from 9:00 a.m. to 1:00 p.m. or 1:00 p.m. to 5:00 p.m. on weekdays, and that evening hours and Saturdays are also provided as requested. Discussion followed in which request was made for consideration to be given regarding monthly service charges to those who do not want 60 or even 40 channels, confirming that equipment is now up to handling additional expansion of channels, and that it is possible to have televised Council meetings via the availability of Channel 6 with the example of Calistoga given for televised Council meetings. Confirmation was given regarding upcoming workshop scheduled on January 27th at Redwood Empire Division /League of California Cities' quarterly division meeting which will include participation by counterpart Viacom, as well as comments by one of the State's lobbyists for cable television. City Manager Callinan said that it speaks well of the efforts of MultiVision to come from strong criticism of a year ago to current condition of acceptance. Recess Mayor Hollingsworth declared a recess at approximately 8:52 p.m. Reconvene Mayor Hollingsworth reconvened the Council meeting at approximately 9:07 p.m. and stated that all Council members were Councilman Cochran present with the exception of Councilman Cochran who had to leave Leaves at this time to attend another meeting. RP Expressway West City Manager Callinan gave status report on the Rohnert Park to Stony Point Rd Expressway west extension to Stony Point Road explaining that the final asphalt lift will be laid as soon as weather permits, and that when the road opens it will be a nice addition to Stony Point Road. Resolution No. A RESOLUTION NAMING THE CREEK CROSSING STRUCTURES ON THE ROHNERT 90 -15 PARK EXPRESSWAY BETWEEN ROHNERT PARK'S WESTERLY CITY LIMITS AND STONY POINT ROAD City Manager Callinan explained the resolution. Upon motion by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 90 -15 was adopted. Mechanical Play City Manager Callinan explained that Council had been provided Devices copies of inter - office memorandum dated July 19, 1989 from Accountant /Auditor Fogle detailing certain items regarding mechanical playing devices in the City of Rohnert Park. He said that the report summarized use permit process required for mechanical play devices, compliance testing, survey of other local city regulations, and recommendations for proposed changes to the City of Rohnert Park Mechanical Play Device Ordinance. He said the City of Rohnert Park is more restrictive in regulating machines than most then t L :�i°o.• v�.aaca cities il! the area, that the item was - presented to Council for discussion and consideration of n Rohnert Park City Council Minutes (9) January 9, 1990 eliminating some rules and regulations in said ordinance to remove unnecessarily burdensom requirements of small businesses desiring to have a few mechanical play devices to increase customer base. Council concurred that the report herein should be referred to the Planning Commission for review and comments on recommendations for possible changes pertaining to the regulation of mechanical play devices. Performing Arts Center City Manager Callinan distributed to Council copies of various drafts regarding the Performing Arts Center as follows: 1) rough discussion draft of proposed operating policies, 2) Draft Contract Agreement between the City of Rohnert Park and State Farm Fire & Casualty Co., and 3) Draft Contract between Marin Opera Company and the City of Rohnert Park. He said that Director of Performing Arts Center Grice was available to review contents of said drafts, as well as give status report on the construction progress and fund raising efforts of the Performing Arts Center. Director of Performing Arts Center Grice updated the City Council on the construction status of the Performing Arts Center, informed City Council that Community Counselling Services (CCS) has begun its fund raising services. Council concurred to establish Council Committee to participate in details of grand opening to which Councilman Eck and Council Member Spiro signified interest to be on said committee since both are already on Performing Arts Center Development Committee. Discussion followed regarding Council viewing the facility on January 18th following the volunteer luncheon being held at the Community Center, and briefly discussed the plans for the grand opening of the Performing Arts Center. Further discussion followed regarding rough discussion draft of proposed operating policies presented for Council's review of which Mr. Grice gave a brief summary. He said that staff is currently reviewing the discussion draft and should have a final draft to Council by next meeting. It was concluded that matters regarding the Performing Arts Center should be referred to the Council Committee. Mr. Grice referred to copies provided to Council of the draft Contract Agreement between the City of Rohnert Park and State Farm Fire & Casualty Company and shared the contents therein. Kuhn Mr. Grice introduced Marketing Director Rick --Tatfts�-- Business Manager Nancy Cope, and Al Crumbly, Executive Director of Community Counselling Services. Calif.Contract Cities City Manager Callinan explained that Council had received copies Association Lawsuit of letter dated December 1, 1989 from California Contract Cities Association and shared contents therein regarding a lawsuit filed on behalf of a group of cities challenging Constitutionality of State's method of allocating property tax revenues among California cities since the passage of Proposition 13 in 1978. He Rohnert Park City Council Minutes (10) January 9, 199( said that staff did not recommend participation in said legal action of which a $250 assessment for legal fees was requested. Council concurred to pass on said issue. General Plan Update Assistant to the City Manager Leivo explained that Council had been provided with copies of staff report dated January 9, 1990 and inter - office memo dated January 3, 1990 and shared the contents therein regarding another General Plan Town Meeting as directed by Council at its last meeting. He said that staff recommends the meeting be held on Saturday, February 3, 1990 at the Community Center to begin at 9:00 a.m. and conclude at approximately 12:30 p.m., that this date and time would allow for public review of the Planning Commission Draft General Plan, would not conflict with other scheduled City events, and would be a time when many citizens would be free to attend. He said that staff recommends the meeting be conducted according to an informal Open House format as outlined in above - referenced staff report, that such a format would enable members of the public to make specific comments regarding elements of the General Plan, and that the proposed Open House would be conducted by City staff. Discussion followed regarding the pros and cons of having another General Plan Town Meeting to which Council concluded it was an excellent plan for more public participation. City Attorney Flitner reported that the judge's response had not yet been received regarding the Sierra Club's lawsuit on this matter but has nintey (90) days in which to respond to same. Council concurred that another General Plan Town Meeting should be held as outlined by staff with the understanding of additional time necessary to go back to Planning Commission for final review. Commendation was given by Council to staff on the excellent document provided for review of the Draft General Plan. Mr. Leivo confirmed that various comments received from orgainzations should be ready for Council's review and consideration next month, that staff will proceed with the February 3rd General Plan Town Meeting, and that notice of same will be handled via letters directly to everyone who attended the previous town meeting, as well as a press release and coverage on cable TV. Carpenter's Union City Manager Callinan explained that copies had been provided to Lawsuit Against City & Council of letter dated December 28, 1989 from Director of Public R.Lucas Construction Works /City Engineer Brust to City Attorney Flitner with attached lawsuit received by the Carpenter's Health and Welfare Trust Fund naming the City and Robert Lucas Construction, a subcontractor on the Performing Arts Center project regarding an amount claimed on unpaid fringe benefits. City Attorney Flitner reviewed the above - mentioned claim against the City and subcontractor, informed Council that he had communicated with the plaintiffs attorney, and said the City would cooperate in this matter. Rohnert Park City Council Minutes (11) January 9, 1990 Residential Area Director of Public Safety explained that copies had been provided Fire House to Council of inter - office memorandum dated December 15, 1989 regarding "M" Section Fire "Home" - A new concept in Public Safety Facilities and shared contents therein. He referred to pictures on the wall showing simple residential family home with enlarged garage for single engine fire truck and said that the concept is so simple it speaks for itself, that it's a natural to be in the neighborhood for residents to know there's a fire station only houses away, and that it can be utilized by police to make calls, etc. He said that a two -story house was recommended with residence upstairs and referred to map on eisel of proposed locations. Discussion followed regarding the logic of building said residential area fire house. A motion was made by Councilman Hopkins, seconded by Council Member Sprio, to approve the concept of residential area fire house, and approved by the following vote: AYES: (4) Eck, Hopkins, Spiro, and Hollingsworth NOES: (0) None ABSENT: (1) Cochran MH Rent Appeals Board City Manager Callinan referred to a report dated January 9, 1990 Budget & Setting of regarding the Mobile Home Rent Appeals Board Budget and Setting 1990 Registration Fees of Registration Fees for 1990, and that copies had been provided to Council. He explained that the Rent Appeals Board reduced staff's recommended budget which in turn reduced the annual registration fees to mobile home residents. Discussion followed. City Attorney Flitner responded to Council's inquiry regarding rights of Council to change said budget or fees set by Rent Appeals Board and said that he recalled the ordinance states that the Rent Appeals Board has the authority to change fees for the Board's reasonable and necessary expenses and that Council has the ultimate authority to make appointments to the Rent Appeals Board. He said that he knew the Rent Appeals Board could call on staff to participate, but he would defer further comment until he could research,and review the ordinance and report back to Council at a later date. Director of Administrative Services /Assistant to City Manager Netter gave an update to Council regarding the history of past registration fees and that the Council did authorize $60,000 to the Rent Appeals Board for start up costs the first year of operation. Discussion followed. Jerry Kohler, Chairman of Rent Appeals Board, was recognized and said that when the Board acted, it looked at the budget and determined that no one extra was hired regarding decision to eliminate allocated costs of City Manager, Director of Administrative Services, and other clerical overhead, that it was unfair to ask the people in the mobile home parks to help subsidize such salaries since staff had advised that said salaries were allocated costs and no additional salaries were paid to those individuals. Discussion followed. Rohnert Park City Council Minutes ;12; January 1990 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. Mayor Hollingsworth referred to item Nos. 31 and 32 from residents Patricia /Brian Bueschel and Christian /Joanne Rodgers regarding water under houses, and asked if this matter was being tended to by staff. City Manager Callinan confirmed that contact has been made to residents by staff and that attention is being given to the matter. City Manager's Report: City Manager Callinan reported that for those employees who are Annual Employees required to be on duty and unable to attend the City's Annual Appreciation Employees Appreciation Dinner, which this year is being held on January 12th, that the City would provide gift certificates for dinner for two at the Red Lion Inn where the City's Appreciation Affair is being held. He indicated that such employees on duty are primarily Public Safety employees such as officers, dispatchers, etc. The Council expressed approval to provide the gift certificates. New Legislation City Manager Callinan advised that the League of California Cities has provided a Legislative Bulletin which provided a wrap -up of 1989 State legislative action and all the new bills which became effective January 1, 1990. He indicated that there is a large number of new laws and that City staff would be reviewing the League document to make sure the City complies with the new laws. Review of 1989 City Manager Callinan advised that he had solicited and received from the City department heads their recaps of highlights of 1989 and goals for 1990. He indicated that copies of same would be provided to the Council. Community Center City Manager Callinan reported that the refreshment counter in the main meeting room of the Community Center building had been remodeled during the past weeks to correct a problem that existed because of water on the floor and that plumbing has been installed so that ice sinks and water can be provided to the refreshment counter. Garbage Cans City Manager Callinan reported that City staff had met with representatives of Empire Waste Management and been assured that the firm will provide reflector strips to those residents who intend to place garbage cans in the gutter for collection. Administrative Services Director Netter indicated that the company is running an advertisement in the local press concerning the matter. Golf Course Rates City Manager Callinan indicating the rates for for 1990. He indicated only as allowed by the Golf Corporation but inrrnnacri provided Council members with sheets play at the Mountain Shadows Golf Courses that rates for residents were increased contract that the City has with American that the rates for non - residents had ne pointed out the growing disparity Rohnert Park City Council Minutes (13) January 9, 1990 between the non - resident rates and resident rates. Mayor Hollingsworth asked that he be provided with a copy of the sheet showing the prior year's rates. City Entrance Signs City Manager Callinan, referring to drawings on display, solicited Council input concerning staff's feelings that the City should have attractive signs displayed at the major entrances to the City. The displays indicated the use of sweet pea flowers on a "welcome" sign. Mr. Callinan also suggested the Council reflect on possibly having the City undertake a sign upgrade program throughout the community so that a more aesthetically pleasing sign program can be enacted rather than the use of the conventional signs presently used for street names, directional signs, etc. He indicated the matter would be discussed with the Planning Commission for its input. The Council requested that the proposed new signs for entries to the City be referred to the Cultural Arts Corporation Board of Directors for review and comment. Narcotics Dog City Manager Callinan indicated that the dog of one of the City's Public Safety Officers will be used by the SEUS joint powers entity and our Department for narcotics detection purposes. He indicated that it was not a police dog per se, but a dog that was trained to sniff out narcotics. City Attorney's Report: City Attorney Flitner distributed copies to Council of memorandum Fire Sprinkler dated January 9, 1990 referring to opinion by Attorney General Requirements regarding whether cities can adopt building standards more stringent than the State standards adopted by the State Fire Marshall and shared contents therein (a copy of which is attached to the original set of these minutes). Generic Sign City Attorney Flitner said that the State cited the City of Rohnert Park for the display of the generic sign on City owned land that's zoned commercial. He said that it seemed to him that the sign does do some service to the public and that he would see if there's some way to resolve the matter and report back to Council. Council concurred. Matters from Council: Councilman Eck referred to comments made earlier in tonight's Televised Council meeting under Cable TV Service regarding the televising of Council Meetings meetings, and said that the conclusion of interest was not known, but if more people would be involved, he would be in favor of televising Council meetings. League of Calif.Cities City Manager Callinan confirmed Council Member Spiro's appointment Committee on Revenue to the League of California Cities Committe on Revenue and Taxation and Taxation. Joint School Board City Manager Callinan explained that copies had been provided to Meeting Council from Cotati - Rohnert Park Unified School District regarding agenda topics at joint meeting with the School Board on January 22, 1990. Council concurred that the new Performing Arts Center should be added to topics for discussion at this meeting. Rohnert Park City Council Minutes k14) January 9, 1990 Redwood Empire Div. Mayor Hollingsworth referred to copies provided to Council of League of Ca.Cities agenda for Redwood Empire Division /League of California Cities's Qtrly Division Mtg. Quarterly Division Meeting of which Rohnert Park is hosting on January 27th at the Community Center Councilman Eck referred to bike path mentioned at previous meeting and said that the gate either needed to be opened on the north side or overhanging shrubs trimmed as snags hanging down were dangerous. Council Member Spiro asked if she needed approval for expenses to participate on the above - mentioned Committee on Revenue and Taxation to which Council confirmed that said expenses were already approved. Council Member Spiro said she would also like to attend the Economic Forum on January 18th and 19th at the Red Lion Inn. Council concurred. Council Member Spiro referred to communications Commission on the Status of Women's request for "Women's History Month" - March 1990 and a. attention to be given this matter such printed in the Clarion and proclamation requested. Council concurred. from California participation in sked for special as an article prepared as Unscheduled Public George Horwedel, 7660 Camino Colegio, was recognized and asked Appearances what decision was made on televising the Council meetings. Mayor Hollingsworth responded that no action was taken. Adjournment There being no further business, Mayor Hollingsworth adjourned the meeting at approximately 10:00 p.m. to 6:00 p.m. on January 22nd at Red Lion Inn for a joint meeting with the School Board. Mayo RECEIVED 1, e January 9, "99AU't" A JAN 0 9 1990 X. To the Honorable Rohnert Park City Council, CITY, OF ROHNERT PARK 9 -- vo 4 As most of us know the Cable Company has"' very good monopoly in this area. I feel it is time to insert a bit of democracy into the Cable Company. Why not have all the subscribers vote on what stations they would like to watch, instead of having a chosen few decide for all of us. The Cable Company has no problems finding us when the bill is due, why not include a ballot in the envelope every other year or so? Yes, I do have a favorite T.V. station and its K.T.S.F. Channel 26, out of San Francisco. „It transmits 24 hours a day, it has the biggest variety of programs I know of. They broadcast in Italian, Greek, Indian, Chinese, Korean, Vietnamese, Filipino, Japanese and English. Many of the Foreign movies has English subtitles. There is also programs for children during the day in English. They also have some religion. No, I'do not work for Channel 26. I am just thinking of all the minorities.in our area who could benefit from such programming. When you are 5 or 6 thousands miles away from your birth place, it is nice to hear your native language once in a while. K.T.S.F. has been carried by Santa Rosa and Petaluma Cable Companys for quite some time. Hookups, for one (1) extra hookup, we pay $54.00 yearly, THAT i.s: highway robbery. Years ago the Telephone Company quit charging for extra hookups in your home. Why should the Cable Company, not be made to follow suit? It doesn't cost the Cable Company any more money to provide an extra outlet, if you provide your own splitting connector. About eight (8) months ago, I wrote a nice letter to the General Manager of the Cable Company to offer a few suggestion regarding programming, I asked for a reply and received NONE. In contrast, I wrote this very City Council about the trash cans blocking our sidewalks and received a very nice letter from Mr. Callinan within two (2) weeks. In conclusion, I received Television before­ the Cable Company arrived in Rohnert Park and I will receive it after they leave. Si cerely yours, Harr Steffensen 403 Alta Avenue Rohnert Park, California 94928 CC: Multivision Cable TV Clarion Newspaper January 9, 1990 MEMORANDUM d-3) To: Rohnert Park City Council Re: Opinion by Attorney General Regarding whether cities can adopt building standards more stringent than the state standards adopted by the State Fire Marshall The City Council has asked for my opinion of an opinion by the California Attorney General which holds that a fire protection district cannot adopt fire and panic safety standards more restrictive that the state law. In issuing the opinion, the Attorney General confined his opinion to three sections only of the Health and Safety Code. Those sections are as follows: 1. Health and Safety Code Section 17922, which is in a chapter entitled "Rules and Regulations," provides that building standards adopted by the Department of Housing and Community Development are the standards that local public agencies must adopt. 2. Health and Safety Code Sections 17958.5 and 17958.7 are the two sections within the Code that allow a local public agency to make special exceptions to its building code because of "local climatic, geological and geographical conditions." As stated the Attorney General is of the opinion that these statutes relate to building regulations only and not fire code regulations. Since a general law city only receives the authority granted by the statutory law of the State of California and since the statutes do not extend to the fire codes, the regulations of the fire marshall are not subject to the building code exceptions that allow a local public agency to vary from the state uniform codes under certain narrowly defined circumstances. The opinion is quite narrow as the Attorney General concedes for example: 1. Health & Safety Code Section 13114.5 provides that the governing body of the City may enact an ordinance regarding the installation of authorized fire alarm devices activated by products of combustion other than heat in some defined public facilities or ordinances controlling the quality or installation of fire alarm systems or fire alarm devices more stringent than State Fire Marshall regulations. 2. In other areas the local agency may enact ordinances and enforce ordinances consistent with Fire Marshall regulations. a. Portable fire extinguisher. Health & Safety Code Section 13160, et seq. b. High rise (local restrictions may be greater than State Building Standards Code and regulations of the State Fire Marshall.) Health and Safety Code Section 13216. In summation, while the Fire Marshall may have some authority to require the City to adhere to his regulations under the statutes considered, it is my opinion that the Attorney General's opinion does not cover every situation, and questions should be considered on a case -by -case basis. As to regulations already in place, in my opinion they can remain for two reasons: 1. The Attorney General's opinion, although persuasive, is not mandatory upon the City. It does not have the force of statutory law or court decision. 2. Changes made before the law is interpreted in a different fashion customarily remain in place. Normally the law operates prospectively not retroactively. R specti y sub tted, govv.,� ` hn D. Flitner