1996/01/09 City Council Minutes (3)r W
Rohnert Park City Council Minutes
January 9, 1996
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 Flores presiding.
CALL TO ORDER: Mayor Flores called the regular session to order at approximately 6:50 p.m.
and led the pledge of allegiance.
Mayor Flores advised that a closed session commenced this evening at 6:00 to
discuss litigation matters, personnel matters and real estate negotiations and as
listed on the agenda attachment. He reported on these items as follows:
Litigation matters: (1) Kuhn et.al., case - The City has reached a compromise
settlement with plaintiffs. The City disputes liability without any admission of fault.
Due to a change in the City's employment practices, the City elected to agree to a
compromise settlement solely on the basis of economics which is due to the current
employment law which subjects the City to substantial risk for attorneys' fees. In
order to mitigate these fees, a settlement was reached. (2) Hallock case - review
continued; (3) Golis case - review continued; (4) Sime I case - review continued;
(5) Hillsboro case - Council is considering legislative action and review continues.
Personnel matters: Council reviewed the two items listed on the agenda
attachment and will take one of the items under consideration on tonight's agenda
as signified later in these minutes.
Real Estate Negotiations: The City has a continued interest in acquiring mobile
home parks and Council continued consideration of the possible purchase of Las
Casitas and Valley Village Mobile Home Parks.
No action was taken and there was nothing further to report at this time.
ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Flores
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter, City Attorney
Flitner, Assistant City Manager Leivo, Finance Director Harrow and Director of
Public Safety Rooney.
APPROVAL OF MINUTES: Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro,
with abstention by Councilwoman Gallagher on December 19th minutes due to
absence from the meeting, minutes of November 28 and December 5, 12 and 19,
1995 were unanimously approved as submitted.
Rohnert Park City Council Minutes ( 2 ) January 9, 1996
APPROVAL OF BILLS: City Manager Netter responded to Council questions related to the bills
presented for approval.
Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, City
bills presented per the attached list in the amount of $1,784,638.48 were
unanimously approved.
EMERGENCY ITEM DECLARED: City Manager Netter explained the need because of timing
factors to add Check #71096 for $215,000 payment to Redwood Empire Municipal
Insurance Fund (REMIF) to the list of bills presented for approval. He responded
to Council questions related to same.
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, declaring the
above - reviewed payment to REMIF an emergency item,was unanimously approved.
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, payment of
Check #71096 in the amount of $215,000 to REMIF, was unanimously approved.
NON- AGENDAED MATTERS: Mayor Flores asked if Councilmembers or staff had any non -
agendaed items to add to the agenda. Miscellaneous items were added to the
agenda as follows: Councilwoman Spiro, three; Councilwoman Gallagher, two, if
not handled on the agenda; Councilman Reilly, one; Vice Mayor Eck, one, if time
permits. City Manager Netter signified an emergency resolution under other
resolutions for consideration and a few other miscellaneous items, if time permits.
SCHEDULED PUBLIC APPEARANCES:
1. Helen Marie Vinsick regarding Presentations by "Caring at Christmas" - Ms. Vinsick explained
the purpose and background of this program which is a community effort to
benefit local residents. She presented a certificate of appreciation for Recreation
Director Jim Pekkain. Victor Vinsick presented a certificate of appreciation to
Public Safety Officer Rich Mathis. Pastor Chuck Paulson of Crown and Cross
Lutheran Church, also representing the "Caring at Christmas" program, presented
a plaque to the Mayor expressing appreciation to the City for its support of this
program.
2. Nick Stewart of Burbank Housing regarding the Holiday Inn Project - Mr. Stewart explained letter
of December 14, 1995, from Burbank Housing Development Corporation regarding
the Holiday Inn multiple use, single resident occupancy, homeless shelter and job
training- counseling center project. He advised this is a Community Development
Block Grant (CDBG) Program, reviewed the merits of the project and participation
of other cities in the area. City Manager Netter advised this item would be
scheduled on the next Council agenda, including a public hearing, for Council to
consider priorities of the programs and projects proposed for Rohnert Park.
Rohnert Park City Council Minutes ( 3 ) January 9, 1996
3. Sondra Vaughan, Regional Deputy, Contractors State License Board - Councilwoman Gallagher
explained reasons for inviting Ms. Vaughan to this Council meeting to enable direct
responses to building/construction concerns. Sondra Vaughan referenced her
recent letters to both Councilwoman Gallagher and Director of Public Works/City
Engineer Brust responding to questions regarding building/construction concerns of
which copies were provided to Council. Ms. Vaughan explained the role,
responsibility factors, general procedures and jurisdictional limitations of the
Contractors State License Board, as outlined in the Licensing Code of the State of
California. She advised Frank Pecoe, Deputy Attorney General/San Francisco and
David Shue, Supervisor Deputy /San Francisco were also present at this Council
meeting to respond to additional questions, if desired. Ms. Vaughan reviewed
comparatives of the approximately 250,000 licensed contractors with receiving
approximately 30,000 complaints of which about 20% are against unlicensed
individuals. She explained related statute of limitations which was three years, but
as of January 1, 1995, the new law signifies four years with a ten -year jurisdiction
on latent structural defects, however, this statute cannot be applied retroactively.
Ms. Vaughan responded to various Council questions and said she and the
representatives introduced herein would be available to visit with residents in the
lobby during the meeting recess.
*********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CONSENT CALENDAR
Mayor Flores asked if Councilmembers had any questions regarding the matters on
the Consent Calendar which were explained in the City Manager's Council Meeting
Memo.
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
Resolutions Nos.
96 -01 APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPOR-
TATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTER -
MODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR
THE COMMERCE BOULEVARD BIKE PATH INTERTIE PROJECT
96 -02 DESIGNATING, AUTHORIZING, AND APPROVING INSTALLATION OF
STOP SIGNS (ON BODWAY PARKWAY AT MADISON AVENUE)
96 -03 CALLING FOR SEALED PROPOSALS, ROHNERT PARK EXPRESSWAY
WIDENING, PROJECT NO. 1994 -6
96 -04 REJECTING THE CLAIM OF SALLY YATES, ANDREA YATES, ET.AL.,
C/O LAW OFFICES OF JOHN G. WARNER (RE. ALLEGED PERSONAL
INJURY DAMAGES AND INJUNCTIVE RELIEF/ RANCHO FELIZ MOBILE
HOME PARK)
Rohnert Park City Council Minutes ( 4 ) January 9, 1996
96 -05 REJECTING THE CLAIM OF MARY ANN KROL, CIO JAMES M.
PRESTININZI, ATTORNEY (RE. ALLEGED VEHICLE COLLISION WITH
CITY TRUCK)
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, the Consent
Calendar as outlined on the meeting's agenda, was unanimously approved.
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OTHER RESOLUTIONS FOR CONSIDERATION.
96 -_ AWARD OF CONTRACT, ROHNERT PARK EXPRESSWAY TRAFFIC
SIGNAL INTERCONNECT, PROJECT NO. 1991 -4
City Manager Netter explained the necessity of removing this item from the agenda
due to a technicality regarding the actual allocation of ISTEA funds which have not
yet been finalized for appropriation. Finalization is anticipated to enable consider-
ation of this resolution on the next Council agenda.
96 -06 APPROVING AN AGREEMENT WITH CH 2M HILL FOR EVALUATING
AND DEVELOPING RECOMMENDATIONS FOR THE FLOW METER AT
THE ROHNERT PARK PUMP STATION
City Manager Netter explained this resolution for consideration, as reviewed in
the Council Meeting Memo. He and City Attorney Flitner responded to related
Council questions.
Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, and
approved with Councilwoman Gallagher dissenting, including directive that the
manufacturer of the referenced flow meter should also be notified of the problem,
reading of Resolution No. 96 -06 was waived and said resolution was adopted.
96 -07 REJECTING THE CLAIM OF BARBARA GOLDSTEIN (RE. ALLEGED
INJURIES FROM SLIP ON FLOOR AT SPORTS CENTER)
City Manager Netter explained this resolution and the need to declare it an
emergency item because of the timing factor related to referring the claim to
Redwood Empire Municipal Insurance Fund (REMIF), the City's insurance carrier,
for appropriate handling.
EMERGENCYITEMDECLARED:Upon motion by Councilman Reilly, seconded by Councilwoman
Spiro, and unanimously approved, the above - reviewed resolution for consideration
was declared an emergency item.
Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, and unani-
mously approved, reading of Resolution No. 96 -07 was waived and said resolution
was adopted.
Rohnert Park City Council Minutes ( 5 ) January 9, 1996
MOBILE HOME PARKS MATTER re- Amending Mobile Home Ordinance, Chapter 9.70
Committee report and recommendations (Eck/Reilly) - Vice Mayor Eck shared results of the sub-
committee meeting on this item per staff report provided to Council, recommending
vacancy control and perspective homeowners' rights be included as outlined. The
two items proposed by the 5 -Park Committee but not recommended by either the
Rent Appeals Board or the Council Committee included: (1) pre - approval of
leases by the Rent Appeals Board requiring mobile home owners to submit all
leases for review by the Rent Appeals Board; and (2) designated space rent freeze.
The complete proposed ordinance language changes and additional information
were provided to Council in a separate staff report. Council Committee Members
Eck and Reilly, City Manager Netter, Assistant City Manager Leivo and City
Attorney Flitner reviewed additional details pertaining to this ordinance initially
introduced at the Council meeting of December 12, 1995 and responded to related
Council questions. This item was duly noticed and scheduled for a public hearing at
this time with a second reading of the ordinance changes scheduled for possible
adoption at the next Council meeting of January 23, 1996.
PUBLIC HEARING: Mayor Flores opened the public hearing at approximately 8:02 p.m.
Public comments were submitted on speaker cards or other written and/or verbal
communications expressing reasons for support or opposition to the mobile home
ordinance amendments as follows:
1. David Spangenberg, Attorney, Spangenberg & Associates
285 Hamilton Ave., Ste. 430, Palo Alto, Calif.
VIA FAX TRANSMITTAL LETTER
to the City Offices dated January 9, 1996
representing concerns of the park owners - OPPOSE
2. Helen Marie Vinsick, 3 8 Estrella Dr.,
Rancho Feliz Mobile Home Park - SUPPORT
3. Lorna Blanc, 43 Verde Circle,
Rancho Verde Mobile Home Park - SUPPORT
4. William Wadel, 254 Circulo Tiehra,
Rancho Grande Mobile Home Park - SUPPORT
There being no one further desiring to speak, Mayor Flores closed the public
hearing at approximately 8:10 p.m.
Rohnert Park City Council Minutes ( 6 ) January 9, 1996
Council discussion included varied concerns pertaining to the proposed formula
options. Council concurred that the additional changes presented for consideration,
since the initial introduction of Ordinance No. 612 on December 12, 1995, should
be duly noticed for the continued public hearing at the next Council meeting of
January 23, 1996, to consider adoption of the ordinance.
Ordinance Re- introduction:
No_ 612 AMFNDTNC'r C.NAPTFR 9,70 nF TNF R( MN-FRT PARK MITNTr PAT. rc)T)R
(MOBILE HOME ORDINANCE) TO APPEND FINDINGS AND PURPOSE,
DEFINITIONS, AND VARIOUS OTHER SECTIONS
Discussion concluded upon motion by Vice Mayor Eck, seconded by
Councilwoman Gallagher, and unanimously approved, with inclusion of above -
referenced additional changes (re. establishment of a second option regarding
vacancy control), reading of Ordinance No. 612 was waived and said ordinance
was re- introduced.
F.RL INVESTIGATION UPDATE: Mayor Flores referenced letter dated December 27, 1995 from
U. S. Department of Justice, Federal Bureau of Investigation, indicating that the
F.B.I. investigation into alleged past activities of Rohnert Park officials has been
discontinued. This item was provided for information purposes.
KRCB, TV -22, request for waiver of commercial fees for expanded facility at 5850 Labath Avenue
re. acquisition of portable buildings moved from Rohnert Park school property) -
City Manager Netter referenced this letter of request dated December 8, 1995, and
explained the background related to this item, as reviewed in the Council Meeting
Memo. Nancy Dobbs, President, KRCB TV -22, further reviewed details of the
request and responded to Council questions.
Mayor Flores acknowledged the token payment check from KRCB TV -22 in the
amount of $1 for the portable buildings. He explained it was considered appropriate
to return the uncashed check, along with receipt from the City signifying payment in
full for the portables. On behalf of the City, the Mayor presented the uncashed
check, appropriately framed for display, to Nancy Dobbs for KRCB TV -22.
Discussion included various Council comments regarding budget concerns, general
rule of not waiving fees, and comparison of savings to the City from KRCB taking
the responsibility for moving the buildings.
Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, with Council-
woman Spiro dissenting due to concerns about budget priorities though expressing
definite support of public television, and with the majority on the basis that the City
saved substantial costs in not paying to have the buildings moved to offset the
City's general rule of not waiving fees, waiver of above - reviewed commercial fees
for KRCB's expanded facility at 5850 Labath Ave., was approved.
Rohnert Park City Council Minutes ( 7 ) January 9, 1996
BICYCLE AD VISORY COMMITTEE APPOINTMENT (Two Year Terms)
to fill vacancy left by resignation of Vernon Schuck - Councilwoman Gallagher
referenced FACT SHEET application received from Jill Morgan, 989 Hacienda Cr.,
and signified her nomination of Ms. Morgan for this appointment with term to
expire on December 31, 1996. Council concurred.
UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores 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.
Louis D. Yeomans, 232 Apple Lane, referred to expenditure concerns reviewed at the previous
Council meeting regarding employee and volunteer service awards. As a twenty -six
year volunteer including many hours as a volunteer fire fighter for the Department
of Public Safety, he did not agree with previous comments that the service awards
are getting too expensive, when compared to the value of volunteer services
rendered. Mr. Yeomans also referenced the appreciation event for employees listed
later on the agenda and questioned excluding the volunteers on invitations.
Mayor Flores responded that he thought the minutes of the previous meeting
accurately reflected the feelings of the Council regarding appreciation of every
position whether voluntary, part time or full time with benefits. City Manager
Netter explained that as the City staff has grown over the years, facility
accommodations have become more limited. This has made it necessary for each
department to make arrangements for separate appreciation events for volunteers.
Discussion included appreciation expressed by Council for the value of voluntary
services and agreement that recognition events and appropriate awards are an
insignificant expenditure compared to the value of services rendered. City Manager
Netter responded to Council comments that he would follow up on this matter to
be sure all the signified City departments are proceeding with plans for appropriate
recognition and appreciation of the volunteers.
Residents listed herein reviewed construction concerns related to their homes and presented inquiries
pertaining to responsibility factors as follows:
Kelly Townsend, 1367 Mattice Lane
Frank Walsh, 4409 Glacier Court
John Gladson, 1397 Marigold Place
Michael L. Fitzpatrick, 211 Othello Ct.
Dawn Ahern, 1553 Holly Avenue
Council responded to above resident concerns and signified appreciation for
representatives of the Contractors State License Board present at this meeting with
acknowledgment of offer to visit with residents during the recess. Council
Rohnert Park City Council Minutes ( 8 ) January 9, 1996
expressed continued plans to review independent inspection reports when finalized
and presented; confirmation of recent revisions in the City's inspection procedures
beneficial to future constructions; and City Manager Netter responded to Council
questions related to the budget process for the building permit fees. Council
requested staff to provide a report for clarification of the budget factors on the
numerous building permit fees.
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City Manager Netter responded staff would be providing copies to Council of the
existing signified sections of the budget for the past several years and it would not
be necessary for staff to do an extensive evaluation. Council agreed. Further
discussion included differing Council opinions pertaining to liability factors related
to past construction concerns and limitations of designated legal parameters. The
City has certain immunities that must be protected.
RECESS Mayor Flores declared a recess at approximately 9:00 p.m.
RECONVENE Mayor Flores reconvened the Council meeting at approximately 9:10 p.m. with all
Councilmembers present.
UNSCHEDULED PUBLIC APPEARANCES: (Cant 'a)
Mrs. W. B. Kery, 4759 Country Club Dr., reviewed construction concerns related
to her home, referenced her previous letter submitted to the Council Committee on
this item, and asked if her home was included on the City's list for review. Mayor
Flores responded City staff would make sure this location is on the referenced list.
CITY COUNCIL COMMITTEEILIAISON ASSIGNMENTS FOR 1996 -- City Manager Netter
referenced the 1995 list of Council/Committee assignments provided to Council for
its review at this time for making changes where it deems appropriate. Council
reviewed the list and individually agreed to retain the same assignments for 1996
(copy of 1995 list retained for 1996 attached to original set of these minutes).
Council Committee meetings were designated as follows:
Sporthaus Committee (Flores /Spiro) - 4:00 p.m., Thursday, January 11, 1996
Golf Course Committee (Gallagher /Spiro) - 8:45 a.m., Tuesday, January 16, 1996
UNIFORM BUILDING CODES -- City Manager Netter explained this item as reviewed in the
Council Meeting Memo and responded to related Council questions. Ordinance
No. 611 was introduced at the Council meeting of December 12, 1995 and is
scheduled for adoption following the public hearing which was duly noticed and
scheduled at this time.
PUBLIC HEARING: Mayor Flores opened the public hearing at approximately 9:20 p.m. There
being no one desiring to speak, the Mayor closed the public hearing.
Rohnert Park City Council Minutes ( 9 ) January 9, 1996
Ordinance for adoption:
No. 611 AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15,
BUILDING AND CONSTRUCTION, TO ADOPT THE UNIFORM BUILDING
CODE, 1994 EDITION; THE UNIFORM HOUSING CODE, 1994 EDITION;
THE NATIONAL ELECTRICAL CODE, 1993 EDITION; THE UNIFORM
PLUMBING CODE, 1994 EDITION; THE UNIFORM MECHANICAL CODE,
1994 EDITION; THE UNIFORM FIRE CODE, 1994 EDITION; THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994
EDITION; AND THE UNIFORM SWRVMNG POOL, SPA, AND HOT TUB
CODE, 1994 EDITION; AS AMENDED, AND ADOPTING OTHER
REQUIREMENTS
Discussion concluded upon motion by Councilwoman Gallagher, seconded by
Councilman Reilly, and unanimously approved, reading of Ordinance No. 611 was
waived and said ordinance was adopted.
RESPONSE TO MANAGEMENT LETTER of 6/30/95 from External Auditors, Macias & Co.
Finance Director Harrow referenced this item provided to Council and responded
to related questions. Discussion included Council comments to check into the
check writing machine the external auditors continue to recommend and
continuation of the cross training efforts Mr. Harrow confirmed are in process.
Council complimented the successful efforts of the Finance Department and
concurred acceptance of the above - captioned item.
PARKS AND RECREATION MATTERS:
1. Recreation Programs for Disabled -- City Manager Netter referenced staff report provided to
Council on results of recent sub - committee meeting held on December 28, 1995 for
this item. Council Liaison Gallagher reviewed results of the sub - committee meeting.
City Manager Netter and Councilwoman Gallagher responded to Council questions
confirming suggestion to prepare a questionnaire to be sent to all Rohnert Park
adults with disabilities which would be mailed to all single family residents and to
those known individuals with some type of disability. The Committee agreed to
meet on January 11, 1996 at 6:30 p.m. to formulate questions for the questionnaire.
The Recreation staff was directed to contact Santa Rosa and Petaluma to inquire
about programs for the disabled these cities offer. The Committee through the
Parks and Recreation Commission will finalize a recommendation for consideration
by the full City Council prior to proceeding with any formal action. This report was
provided for informational purposes at this time.
2. Paint Ball game field proposal & site request -- City Manager Netter explained the staff report for
this item as reviewed in the Council Meeting Memo. Mike Sinatra, representing the
proposal, further described aspects of the game and site request and responded to
Council questions.
Rohnert Park City Council Minutes ( 10 ) January 9, 1996
Discussion concluded upon motion by Councilman Reilly, seconded by Vice Mayor
Eck, and approved, with Councilwomen Gallagher and Spiro dissenting due to
aspect of promoting use of recreational equipment simulating firearms, to proceed
with preparation of a lease agreement for consideration of above - reviewed proposal
at a Council meeting in the near future, with the motion specifically signifying the
need for an escape clause for the City related to the site use in the agreement, and
including request for input from the Director of Public Safety on the proposal.
SONOMA LAFCO - Policies pertaining to agricultural lands -- City Manager Netter referenced this
item presented at the previous Council meeting of December 12, 1995 pertaining to
proposed changes in Sonoma County LAFCO policies regarding agricultural lands.
Time was allotted on this agenda for Council comments and direction in regard to
providing responses to LAFCO prior to formal adoption of the policy changes.
City Manager Netter indicated that he talked to Steve Sharpe, Assistant Executive
Director, who indicated these policies are only at the discussion stages and that
ample time will be allowed for comments if LAFCO decides to take up these policy
issues. City council responded with various views, but agreed to hold off until
LAFCO's notification of consideration.
CALIFORNIA CONSTITUTION REVISION COMMISSION recommendations -- City Manager
Netter referenced a presentation on this item at the previous Council meeting by
Former Santa Rosa Councilman Bill Knight. Time was allotted on this agenda for
Council to signify recommendations to be forwarded to the Santa Rosa Chamber of
Commerce by the requested date of Friday, January 12th.
Council signified desires for the S'L'ATE GOVERNANCE portion of the
proposed recommendations by separate motion of each section as follows:
Executive Branch
Recommendation 1: Governor and Lieutenant Governor would run on same ticket.
Governor's executive powers would not pass to Lieutenant Governor when the
Governor leaves the state. Governor has power to assign executive branch
responsibilities to Lieutenant Governor.
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, to vote "no"
on above item signifying preference of voting separately for the Governor and Lieutenant
Governor, was unanimously approved.
Recommendation Two: Superintendent of Public Instruction, State Treasurer and
Insurance Commissioner would be appointed rather than elected.
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, to vote "no"
on above item, was unanimously approved.
Rohnert Park City Council Minutes ( 11 ) January 9, 1996
Recommendation Three: Consolidate the two tax agencies (Franchise Tax Board
and Board of Equalization) and replace BOE with an appointed tax appeals body.
A motion was made by Councilwoman Spiro to vote "yes" on above item. Said motion
died for lack of a second.
Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, to vote "no" on above
item as it reads unless consolidating the two agencies signifies "if an elected body ", was
approved, with Councilwoman Spiro dissenting signifying preference of consolidating the
two agencies because neither will have the responsibility of that much decision making,
and questioned if the designated body is going to be there, what difference does it make if
it is an elected or appointed board.
Recommendation Four: Provide specific constitutional authorization for the State
to contract -out services. Public employees would specifically be able to bid.
Upon motion by Councilwoman Spiro, seconded by Vice Mayor Eck, to vote "yes" on the
first sentence but eliminate the second sentence, was unanimously approved.
Recommendation Five: Transfer personnel administration functions of the State
Personnel Board (currently a politically appointed body) to the Department of
Personnel Administration (administered by the Governor). Retain the SPB as a
body to enforce civil service system.
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, to vote "no"
on above item, was unanimously approved.
Legislative Branch
Recommendation One: Create a one -house (unicameral) legislature with 121
members serving no more than three four -year terms.
Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, to vote
"Yes" on above item failed, with Councilman Reilly, Vice Mayor Eck and Mayor Flores
dissenting signifying preference to the checks and balance system provided by the existing
two -house legislature.
Recommendation Two: Limit legislative sessions to six months per year. Shorten
time period during which bills must be in print prior to being considered from thirty
days to ten days.
Upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, to vote "no" on
the first sentence and "yes" on the second sentence of above item, with Councilwoman
Spiro and Councilman Reilly dissenting signifying preference to support the first sentence
as well as the second since it was never set up to be full time legislatures.
Rohnert Park City Council Minutes ( 12 ) January 9, 1996
Recommendation Three: Prohibit Legislators from fundraising while Legislature is
in session.
Upon motion by Councilwoman Spiro, seconded by Vice Mayor Eck, with Councilwoman
Gallagher dissenting, to support the above item, was approved.
Recommendation Four: Provide that the Legislature and the Governor forfeit pay
and per diem for the time the budget is not passed after June 30.
Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, to vote "yes" on
above item and to add "not to be made retroactive ", was unanimously approved.
Recommendation Five: Allow legislators to participate in the Public Employee
Retirement System.
Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, to support the
above item to allow participation but to add, "this is not to be charged to the taxpayers but
participation is allowed if legislators want to pay into PERS ".
The Initiative Process
Recommendation One: Require all constitutional amendments be placed on the
November ballot, unless proposed and approved by 2/3 of the Legislature.
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, to vote "no" on above
item, was unanimously approved.
Recommendation Two: Allow the Legislature to amend statutory initiatives after
being in effect for four years.
Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, to vote "yes" on
above item, was unanimously approved.
Recommendation Three: Create a legislative process for review, amendment and
enactment of proposed initiatives. If Legislature enacts a measure that is
"substantially the same and furthers the purpose," a proposed ballot measure would
not be placed on the ballot.
Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, to vote "yes" on
above item, was unanimously approved.
Rohnert Park City Council Minutes ( 13 ) January 9, 1996
Due to the lateness of the hour, Council concurred City Manager should forward
Council responses for the first portion of this item to the Santa Rosa Chamber of
Commerce, to meet the January 12 requested timeline. In response to Council
inquiry, City Attorney Flitner advised the additional responses could be submitted
by the City Manager prior to the next Council meeting, if Council signifies a
consensus on the items. Council deferred remaining responses for this item to its
next meeting to begin on page 4, STATE BUDGET AND FISCAL SYSTEM.
The next item was moved forward on the agenda from the City Manager's Report
and handled at this time due to the lateness of the hour.
CITIZENS' ACADEMY. City Manager Netter advised staff report dated December 6, 1995 was
provided to Council on this item. Director of Public Safety Rooney reviewed his
referenced staff report explaining the purpose, background and proposed
curriculum for each class series for the Citizens' Academy. He responded to
related Council questions. Council expressed appreciation to Director Rooney for
the report and concurred this was an excellent proposal.
PROJECT CHILD I.D. - Status report -- Councilman Reilly referenced item #6 on tonight's
Communications List regarding the status report on Project Child I.D. He
requested attention to the item at this time, for informational purposes, while
Director of Public Safety Rooney was available. Director Rooney reviewed
highlights of the status report provided to Council explaining the process and
advantages of working with the Department of Motor Vehicles (DMV) on this
statewide data base program. City Manager Netter and Director Rooney
responded to Council questions. Plans include meeting at the Senior Center for this
item on January 27th from 8:00 a.m. to 4:00 p.m. and distribution of informational
flyers to all the schools. City Manager advised this item, as well as the proposed
joint agreement with the County Sheriff's Department regarding public safety
provision at Creekside Middle School, were anticipated to be scheduled on the next
Council meeting agenda.
EXTEND COUNCIL MEETING: Upon motion by Councilwoman Gallagher, seconded by
Councilman Reilly, and approved with Councilwoman Spiro dissenting, the Council
meeting was extended beyond the 10:00 p.m. adjournment time in order to
complete scheduled agenda items.
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.
1. Holiday tree lights - Vice Mayor Eck referenced items #10 and #11 on tonight's Communications
List expressing concern about the Holiday tree lights along Rohnert Park
Expressway. This concern has been expressed previously and Vice Mayor Eck
recommended re- exploring possibilities toward acceptable solutions. Vice Mayor
Eck volunteered to meet with Chamber Officials to research other options.
Rohnert Park City Council Minutes ( 14 ) January 9, 1996
2. Councilmember request for copies - Vice Mayor Eck referenced staff memorandum seeking
Council direction regarding a Councilmember's request for a substantial number of
designated copies. He commented there is a limit to requests by individual
Councilmembers related to extensive time - consuming efforts of staff and if staff
has reservations about certain requests being inappropriate, then it should be
reviewed by the full Council to direct staff accordingly.
3. Sonoma County Transit's 1996 ADA Paratransit Plan - Councilwoman Spiro referenced
memorandum dated December 20, 1995 from Sonoma County Transit regarding
this item which complies with the Americans with Disabilities Act (ADA) of 1990.
Ms. Spiro recommended referring this information to Council Liaison Gallagher
and the recently formed ad hoc sub - committee for programs for disabled persons.
4. City of Temecu Resolution to recover withdrawn State Library funding - Councilwoman Spiro
referenced item #35 on tonight's Communications List urging support of this item.
Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, to forward
a letter signifying Council's support of this item, was unanimously approved.
MATTERS' FROM/FOR COUNCIL:
1. Cotati/Rohnert Park Unified School District Board request for joint business meeting regarding
Creekside annexation -- Council agreed it was previously on record regarding its
decision on the Creekside annexation request, but a joint meeting with the School
District would be in order listing the item as one to be reviewed. Council
concurred to schedule this joint meeting here at City Hall, 7:30 a.m. to 9:00 a.m.
Monday, January 29, 1996.
2. Joint meeting with Parks & Recreation Commission - Council noted conflicting schedules for the
previously recommended date of February 5th and concurred this joint dinner
meeting could be held on Tuesday, February 6, 1996, from 6:00 p.m. to 8:30 p.m.,
at the Dynasty Restaurant.
3. Employee Appreciation Affair "Rollin' on the River ", Friday, January 19, 1996 at Rohnert Park
Community Center - Mayor Flores announced this event with reminder that
RSVP's are requested by January 1 lth.
4. Commissioners' Appreciation Affair - Mayor Flores referenced the two choices listed on the
agenda for this event and asked Council its preference. Council concurrence
signified the choice of March 1, 1996, at the Performing Arts Center for Symphony
"Masters of Song" Classical.
5. Animal Shelter signage - Councilwoman Spiro shared that seniors have expressed concern about
the lack of signage at the Animal Shelter to signify hours of operation. City
Manager Netter responded the signs are in progress.
6. Liability factors re. HMO's - Councilwoman Spiro referenced *+r-af^ eitati recent TV station
news programs and asked if the City has any liability related to HMO's offering no
choice. She expressed concern about exposure and possible problems that could
develop from same.
*CORRECTION above from 1/23/96 City Council meeting: Per Councilwoman Spiro (deletion lined out - addition underlined).
Rohnert Park City Council Minutes ( 15 ) January 9, 1996
7. Mobile Home Park Rent Appeals Board appointments - Councilwoman Gallagher reviewed
questions raised by citizens regarding appropriateness of recent RAB appointment
being an employee of Chairperson Collins. City Attorney Flitner responded he
would review the concern and report at the next Council meeting.
8. General Plan Advisory Committee progress - Councilwoman Gallagher requested an update on the
progress of this Committee. City Manager Netter responded this update was
delayed because the Committee wanted to meet once more prior to providing a
report to Council.
9. Construction concerns - Councilwoman Gallagher asked if the last six names reviewed for this item
had been added to Morton/Phillips' inspection list. City Manager responded yes.
10. Live Broadcast - Councilwoman Gallagher asked if there were complications related to live broad-
casting of the last Council meeting. Assistant City Manager Leivo responded the
equipment did not work for video taping the first Council meeting that was
broadcast live, but there has been no problem with the live broadcasts. The video
tapes are available at the Library.
11. Theater complex proposal - Councilwoman Gallagher asked when this item would be presented to
Council for review. City Manager Netter confirmed the traffic study is still in
process and it will be scheduled for Council's review at a future date.
12. Community School - Councilman Reilly referred to recent discussions regarding relocation of the
Community School and questions raised by citizens about this effort versus T's
Academy. City Manager Netter responded the Planning Director presented this
proposal to the Planning Commission to consider site approval and a lot of people
apparently read the Planning Commission minutes. City Manager expected a
formal outline from the Community School to enable scheduling review of the
proposal on a future Council agenda. Councilwoman Spiro expressed concern
about the commotion of barking dogs from the Animal Shelter hindering *eper-
student concentration at the proposed location.
*CORRECTION above from 1/23/96 City Council meeting: Per Councilwoman Spiro (deletion lined out - addition underlined).
13. Unconstitutional ruling of Federal Court - Councilman Reilly referenced a report he heard about an
unconstitutional ruling of the Federal Court out of Alaska regarding sex offenders
and said the Council may want to rule on it if it affects this community. City
Attorney Flitner responded he was aware of the report and he was sure the District
Attorney would do as signified in the referenced case, but he would research it to
find out if it applies in any way to Rohnert Park.
14. Garbage cans - Vice Mayor Eck complimented the new garbage cans placed along the bike path
and recommended additional garbage cans be placed in the vicinity of the high
school.
CITY MANAGER'S REPORT.-
1. Retired Public Works Employee - Dental/eye care appeal -- City Manager Netter advised this
item was discussed during this evening's closed session and requested Council
approval of the designated amount of $1,434.00. -- Upon motion by Council-
woman Gallagher, seconded by Councilman Reilly, the item reviewed herein for
payment in the amount of $1,434.00, was unanimously approved.
Rohnert Park City Council Minutes ( 16 ) January 9, 1996
2. Citizens' Academy proposal - City Manager Netter advised this item was reviewed earlier on
tonight's agenda.
3. Award of COPS MORE Program - City Manager Netter referenced letter dated December 20,
1995 from U.S. Department of Justice regarding this item. He advised the award
may have to be turned back because of budgetary constraints preventing the City
from providing its portion of funding in the amount of $35,000 versus the $25,000
award for compliance with the acceptance requirements. In addition, the grant
award was only for one year.
4. Senior Center donations - City Manager Netter reviewed the list of Senior Center donations for
December 1995 provided to Council. -- Upon motion by Councilman Reilly,
seconded by Councilwoman Spiro, to send letters of appreciation for the donations
reviewed herein, was unanimously approved.
5. Recreation Department Volunteer Luncheon, Thursday, January 25, 1995 -- City Manager Netter
announced this event.
6. State of Calif. Integrated Waste Management Board, "Waste Reduction Award 1995 Promoter" -
City of Rohnert Park Business - State Farm Insurance -- City Manager Netter
advised the letter dated November 20, 1995, for this item was provided to Council
for informational purposes.
7. Community Garden fence -- City Manager Netter reported the $8,400 for the Community Garden
fence is within the budget and will be installed as soon as possible.
8. Opening of Expanded Weight Room -- City Manager Netter advised this opening is scheduled
from 1:00 p.m. to 5:00 p.m., Saturday, January 27, 1996.
9. City Hall Phone System -- City Manager Netter explained the new City Hall phone system
proposal for key functional areas to provide more flexibility with communications,
including voice mail provisions for City Councilmembers. Vice Mayor Eck
commented on the Chamber of Commerce securing a page on Inter -Net to provide
local information to the community. This approach could be used for providing
City Hall phone listings. City Manager Netter requested Council's opinion on the
phone system proposal. Council concurred approval.
CITYATTORNEY'S REPORT.•
City Attorney Flitner advised the Mayor sufficiently reported on the items listed on
the agenda under this City Attorney's report at the beginning of the Council
meeting in the Mayor's report on the closed session. City Attorney Flitner
commented further on the federal ruling out of Alaska previously mentioned
that the case was regarding a registered sex offender which, generally speaking,
referred to a state rule.
Rohnert Park City Council Minutes ( 17 ) January 9, 1996
RECESS Mayor Flores declared a recess at approximately 10:52 to proceed with the
Community Development Commission meeting scheduled on the agenda.
RECONVENE Mayor Flores reconvened the City Council meeting at approximately 10:57 p.m.
with all Councilmembers present.
UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores asked if there were any additional
unscheduled public appearances at this time. No one responded.
MISCELLANEOUS ITEM. City Manager Netter explained Councilwoman Gallagher previously
indicated concern about homes built prior to recording maps. Mr. Netter explained
it is standard practice even in other communities for model homes that are not for
sale to be built prior to maps being filed. Also, the referenced map should be filed
this week. Councilwoman Gallagher responded a representative at the Recorder's
Office told her that no one starts building without recording.
ADJOURNMENT. Mayor Flores adjourned the meeting at approximately 10:59 p.m.
Dep Ci ter
jh
Mayor
1/2/96
OAK
CURRENT (1995) CITY COUNCIL LIAISON ASSIGNMENTS
Cultural Arts Commission - Flores. I,
Parks and Recreation Commission - Gallagher
Planning Commission - Flores
Senior Citizens Advisory Commission Spiro
Sister City(s) Relations Committee - Spiro
ABAG Spiro
(alt. Gallagher)
Cable Television Eck & Flores
Chamber of Commerce Eck
(alt Spiro)
" Economic Development Spiro
Community Outreach for Youth & Families Spiro & Flores
Golf Courses Spiro
(alt. Gallagher)
Library Advisory Board Reilly
Mobile Home Parks Rent Control Eck & Reilly
Open Space, Sphere of Influence Eck & Flores
Performing Arts Center Eck & Spiro
Regional Wastewater Adv. Committee Eck
(alt Gallagher)
School District /Cities Commun. Cmtee. Gallagher & Spiro
Sonoma County Gang Task Force Gallagher
Sonoma County Transportation Authority Eck
(alt Gallagher)
TEMPORARVAD HOC COMMITTEE ASSIGNMENTS
Community School Flores
Creekside Middle School Annexation Gallagher & Spiro
Fire Services /Rancho Adobe Fire District Flores & Gallagher
General Plan Advisory Committee Eck
Hospital Site Gallagher & Spiro
Sporthaus Flores & Spiro
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