1992/08/04 City Council MinutesCall to Order
Roll Call
Unscheduled Public
Appearances
ROHNERT PARK CITY COUNCIL MINUTES
August 4, 1992
The Council of the City of Rohnert Park met this date in
adjourned session in the City Offices, 6750 Commerce Blvd.,
Rohnert Park, California with Mayor Spiro presiding.
Mayor Spiro called the adjourned session to order at
approximately 6:03 p.m. and led the pledge of allegiance.
Mayor Spiro advised that a closed session commenced this
evening at 5:30 p.m. to discuss personnel matters and
litigation matters. She said no action was taken and there was
nothing to report at this time.
Present: (4) Councilmembers Eck, Hollingsworth, Reilly
and Mayor Spiro
Absent: (1) Councilman Hopkins (Out of town on business)
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner and Finance Director Harrow.
Mayor Spiro stated in compliance with State Law (The Brown
Act), anyone desiring to make public comments regarding a
non- agendaed item could do so at this time. No one responded.
NEIGHBORHOOD SERVICES DISTRICT:
1) Street Lighting and Parks Maintenance District -
City Manager Netter said copies were provided to Council of
various cormunications pertaining to this issue including News
Release soliciting public input for Neighborhood Services
District as listed on the meeting agenda; three (3) sannple
ballot options for consideration of an Advisory Vote for the
November 1992 General Election, or possibly a later Special
Election; draft resolution for consideration regarding this
matter; as well as several items as previously reviewed
including staff report with attached area map and 1992 -93
Expenditure Budgets for Parks and Recreation Department and
Public Works Department; Cal -Tax News bulletin dated November
15, 1991 regarding the various California Assessment Acts; and
City Attorney memorandum dated July 17, 1991 explaining the
Landscaping and Lighting Act of 1972.
City Manager Netter advised that the City had received two (2)
phone calls opposing the Assessment District as reviewed from:
A. G. Long, 5705 Dexter Circle, and
Myra Siegel, 570 Santa Alicia Drive
Rohnert Park City Council Minutes (2) August 4, 1992
(Ad7.Mtg• )
Discussion followed during which Councilman Eck said he felt a
ballot vote was unnecessary as the Assessment District
proceedings have a built in mechanism for citizen protests.
He said ballot vote results would not be binding as the
Assessment District proceedings legally require notices and
protest hearings, therefore, the $5,000 spent for the ballot
measure would be a waste of funds. City Manager Netter agreed
with Councilman Eck's comments and recommended that the
Council not consider a ballot measure on this issue, but use
the Assessment District proceedings, as required by law, as
the mechanism for public opinion and approval or dissent.
He said if the Council still felt a vote was necessary, then
the Council mast decide whether the measure should be during a
general election or a special election.
City Manager Netter said copies were also provided to Council
of staff report memo dated August 4, 1992 from Finance
Director Harrow regarding City of Davis, Landscape & Lighting
Assessment District. He said a City of Davis video regarding
same had been provided for tonight's Council meeting.
Following the video presentation, Mr. Netter further explained
the proposed Assessment District.
Mayor Spiro read the proposed ballot measure.
Public Comments Mayor Spiro opened the meeting to receive public comments
regarding this matter.
Mal K. Kolm, 315 Rustic Lane, expressed disagreement regarding a tax without a vote.
Mr. Kolm said he would have no complaint, if this type of tax
is substantiated. He referred to the above review on the City
of Davis and acknowledged that the Davis College students
do not pay taxes. He also referenced July 26th Press
Democrat article and expressed concern about the inaccuracy of
reported expenditures. Mr. Kolm closed his comments by
recomtue -nding clarity and truthfulness regarding this matter.
Beth Robertson, Broker Associate for Century 21 Classic Properties, Inc., 101 Golf
Course Drive, offered support of the referenced Assessment
District on behalf of local Realtors, as long as it is
fairly spread. Ms. Robertson reviewed recommendations
regarding this support as follows: there should be an equal
distribution; there should be a limitation and a sunset
clause; there should be separate accounting and review; the
issue should be left to a vote, but not for a Special Election
costing $50,000; desire to review budgetary concerns in five
or six areas regarding proposed cuts in the City's budget; and
working together in a lobbying effort against the State to
get Sacramento to stop taking funds from cities.
Rohnert Park City Council Minutes (3) Auqust 4, 1992
(Adj.Mtg. )
James M. Clark, 80 Walnut Circle, said the City is on the right track in regard to
placing an advisory vote on the ballot. He expressed support
of the referenced Assessment District and said he did not want
the City to cut services.
George Horwedel, 7669 Camino Colegio, expressed appreciation to Council for
considering this issue on the ballot. He said he did not
think flat rates would be fair for mobile homes, condos or
apartments because these residents already pay for lighting.
Albert G. Long, 5705 Dexter Circle, questioned the cost of the Assessment District
per dwelling unit and asked whether or not this would apply to
commercial properties.
There being no one further desiring to speak, Mayor Spiro
closed public comments regarding this matter.
Discussion followed.
Resolution No. DIRECTING THE ROHNERT PARK CITY CLERK TO TAKE APPROPRIATE
92 -130 MEASURES TO PLACE AN ADVISORY MEASURE ON THE NOVEMBER 3, 1992
GENERAL ELECTION BALLOT RELATIVE TO THE FORMATION OF A
NEIGHBORHOOD SERVICES DISTRICT UNDER THE LANDSCAPING AND
LIGHTING ACT OF 1972 IN THE CITY OF ROHNERT PARK
A motion was made by Councilman Hollingsworth, seconded by
Mayor Spiro, and unanimously approved, directing 1) that an
Advisory Vote be placed on the November 1992 Ballot for the
Street Lighting and Parks Maintenance District with the
adoption of Resolution No. 92 -130 by title, 2) that a Public
Relations Consultant be obtained to help educate the citizens
on this issue, and 3) that Councilman Hollingsworth and
Councilman Reilly be appointed as Council Committee to work
with staff on details regarding this matter.
2) Fire Suppression Assessments and
Parks & Playground Act of 1909 (for library expansion)
City Manager Netter referenced above - reviewed copies provided
to Council which also included information pertaining to the
next two agenda items regarding (1) Fire Suppression Assess-
ments, and ( 2 ) Parks and Playground Act of 1909 ( for library
expansion. He shared contents therein and responded to
various Council questions regarding same. City Manager Netter
indicated he does not recomwnd either of these assessment
districts at this time, but included them on the agenda per
Council's direction for discussion.
Rohnert Park City Council Minutes (4) August 4, 1992
(Adj.Mtg.)
Discussion followed during which Council questioned whether or
not the Parks and Playground Act of 1909 (for Library
expansion) should be placed on the ballot.
Mayor Spiro opened the meeting to public comments regarding
this matter.
James M. Clark, 80 Walnut Circle, said the issue should not be confused and
requested Council to only stick with the Landscape District as
approved prior to this review of other benefit assessment
districts.
Mal K. Kolm, 315 Rustic Lane, also expressed disagreement with these additional
assessment districts. He said some cities have income
taxes and that maybe this should be a consideration for
Rohnert Park.
Mayor Spiro closed public comments regarding this matter.
Discussion followed during which Councilman Reilly said the
Rohnert Park Library expansion is desperately needed and that
efforts should be made to inform the commmity of the need.
Councilman Eck asked if the City can spend money to promote
or educate citizens on ballot measures or should there
be independent funding to which response was given that
City Attorney Flitner would review the matter. In response
to W. Kolm's inquiry, City Manager Netter indicated that
Rohnert Park does not have the authority to implement a City
income tax.
Resolution No. DIRECTING THE ROHNERT PARK CITY CLERK TO TAKE APPROPRIATE
92 -131 MEASURES TO PLACE AN ADVISORY NEASURE ON THE NOVENBER 3, 1992
GENERAL, ELECTION BALLOT RELATIVE TO THE LEVYING OF A PARKS AND
PLAYGROUND ASSESSMENT UNDER THE PARKS AND PLAYGROUND ACT OF
1909 (for Library expansion) IN THE CITY OF ROHNERT PARK
A motion was made by Councilman Reilly, seconded by Councilman
Hollingsworth, and unanimously approved, to place the library
expansion item on the November 1992 ballot, as recommended by
staff to adopt Resolution No. 92 -131 by title.
NUBILE HOME RENT CONTROL matters:
Sim vs. City of Rohnert Park - City Manager Netter advised
there was nothing to report at this time regarding the next
item as listed on tonight's agenda regarding Sim vs. City of
Rohnert Park
Rohnert Park City Council Minutes (5) August 4, 1992
(Adj•Mtg• )
CITY OF SANTA ROSA CASE APPEALING TO U.S.SUPREME COURT
City Attorney Flitner referenced information regarding a City
of Santa Rosa search and seizure case whereby Santa Rosa is
appealing to the U. S. Supreme court. The City of Santa Rosa
is requesting the City of Rohnert Park to join in the support
of this case (at no cost to Rohnert Park).
A motion was made by Councilman Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to declare this
City of Santa Rosa case an emergency item in order to discuss
the matter further at this time.
Discussion followed during which Council agreed that this item
should be placed on the next Council meeting agenda of
August 11, 1992 since more information will be needed
regarding the matter prior to Council decision regarding same.
Adjournment There being no further business, the meeting was adjourned at
approximately 7:22 p.m.
City Cferk /City Manager Mayor