1992/08/25 City Council MinutesRohnert Park City Council Minutes
August 25, 1992
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 Com erce Boulevard, Rohnert Park, with Mayor Pro- Tenpore
Hollingsworth presiding.
CALL TO ORDER Mayor Pro- Tenpore Hollingsworth called the regular session to
order at approximately 6:30 p.m. and led the pledge of
allegiance.
Mayor Pro- Tempore Hollingsworth advised that a closed session
commenced this evening at 6:00 p.m. to discuss litigation
matters (Sim vs. City of Rohnert Park, Frio Luna vs. City of
Rohnert Park, and Oden et.al. vs. PERS, et.al) and personnel
matters. He said no action was taken and there was nothing to
report at this time.
ROLL CALL Present: (4) Councilmerrbers Eck, Hopkins, Reilly, and
Mayor Pro- Tenpore Hollingsworth
Absent: (1) Mayor Spiro (due to illness)
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner, Assistant to the City Manager
Leivo, and Planning Director Skanchy.
Approval of Minutes Upon motion by Councilman Reilly, seconded by Mayor Pro -
Tenpore Hollingsworth, the minutes of August 4 and 11, 1992
were unanimously approved as submitted with the exception of
Councilman Eck abstaining from August 11th minutes due to
absence from that meeting, and Councilman Hopkins abstaining
from both sets of minutes due to absence from said meetings.
Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman
Reilly, the bills presented per the attached list in the
amount of $877,950.29 were unanimously approved.
Non - agendaed Mayor Pro- Tenpore Hollingsworth queried if any Councilmember
Matters or staff had any non - agendaed items to add to the agenda.
Councilman Eck said he had one item to mention under
conm uzi cations .
City Manager Netter said he had one emergency item to review
following Council action on the Consent Calendar.
NDN W OF SILENCE A moment of silence was observed in memory of Milt Hudis, who
passed away on Saturday. Mayor Pro - Tempore Hollingsworth said
mach of the engineering work for the City of Rohnert Park, in
its infancies, was designed by the office of Milt Hudis. He
offered the City's sincere condolences to his family.
Councilman Hopkins requested this Moment of Silence and
thoughts of condolence also be extended to his father -in -law,
who passed away last Friday, and was a person who was always a
source of strength and encouragement to him and others who
knew him. Council agreed.
Rohnert Park City Council Minutes (2) August 25, 1992
Unscheduled Mayor Pro- Tempore Hollingsworth stated that in compliance with State
Public Law (The Brown Act), anyone in the audience who wished to make a
Appearances comment may do so at this time. In most cases under legislation of
the new Brown Act, the Council cannot handle an item without
agendizing. To ensure accurate recording, "Speaker Cards" are
provided at the entrance of the Chamber and unscheduled public
appearances are requested to fill out the cards and present to
recording clerk after speaking. No one responded.
C O N S E N T C A L E N D A R
Mayor Pro- Tempore Hollingsworth queried if anyone had any questions
regarding the matters on the Consent Calendar which were explained in
the City Manager's Council Nbeting Memo.
Acknowledging the City Manager /Clerk's report on the posting of
the agenda.
Resolution A RESOLUTION TRANSFERRING RIGHT OF WAY TO THE SONOMA COLAV7.'Y WATER
No. 92 -139 AGENCY (Wilfred Channel)
Resolution A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE
No. 92 -140 NOTICE OF CONPLETION, PUBLIC SAFETY BUILDING, PROJECT NO. 1988 -18
Resolution RESOLUTION CALLING FOR SEALED PROPOSALS FOR TRINMLNG AND REMDVAL OF
No. 92 -141 VARIOUS TREES
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 92 -142 RECOGNIZING SEPTEMBER 1992 AS "SCHOOL'S OPEN - DRIVE CAREFULLY NDNTH"
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING
No. 92 -143 THE CLAIM OF PACIFIC GAS AND ELECTRIC COMPANY (Regarding Alleged
Accident Involving Rhonda Storbo)
Resolution A RESOLUTION OF THE CITY CODUCIL OF THE CITY OF ROHNERT PARK REJECTING
No. 92 -144 A CLAIM FROM KATHRYN WILSON (Regarding Alleged Injuries Sustained on
Bike Path Behind Evergreen School)
Upon motion by Councilman Hopkins, seconded by Councilman Eck,
the Consent Calendar as outlined on the meeting's agenda was
unanimously approved.
Rohnert Park City Council Minutes (3) August 25, 1992
Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND
No. 92 -145 AUTHORIZING SUBMITTAL OF APPLICATION FOR FUNDING TO THE BAY AREA AIR
QUALITY MANAGEMENT DISTRICT UNDER ASSENBLY BILL 434 TRANSPORTATION
FUND FOR CLEAN AIR IN THE BAY AREA
City Manager Netter said copies were provided to Council of AB 434
Funding Application with referenced attachments via Director of Public
Works /City Engineer Brust and resolution for consideration regarding
same. Mr. Netter noted that in the process of applying for the AB 434
funds, as previously directed by Council, the application required a
resolution from the Governing Board (City Council) authorizing same.
He said since the deadline for the application is next week, it would
be too late to place the item on the next Council agenda, and
therefore, it would be necessary to declare this an emergency item for
tonight's meeting prior to the adoption of the resolution.
A motion was made by Councilman Eck, seconded by Councilman Hopkins,
and unanimously approved, to declare consideration of the resolution
for AB 434 funding application an emergency item.
Upon motion by Councilman Hopkins, seconded by Councilman Eck, and
unanimously approved, reading of Resolution No. 92 -145 was waived and
said resolution was adopted.
Scheduled Public Appearances:
1) Robert Brown, Executive Director of Petaluma Valley Hospital, 191 Lynch Creek,
Petaluma, California, reviewed proposed activities of promotional
"South County Roundup Western Barbecue" to be held at Joyce and Jimmie
Rogers Ranch in Cotati on Saturday, September 12, 1992 from 4:00 p.m.
to midnight. The charge is $35 per person and tickets can be obtained
by calling 762 -5384. He said the proceeds of the event would be to
benefit cancer care programs at Petaluma Valley Hospital via an
endowment fund. Mr. Brown referenced flyers prepared for the event
and said he would leave several in the lobby of City Hall for anyone
interested in attending the promotional barbecue.
2) David LaFever, representative for Pacific Gas and Electric Company, distributed
copies to Council of letter dated July 21, 1992 from Vic Gorden,
Manager of P. G. & E. Customer Services. Mr. LaFever reviewed
contents therein explaining reasons for recent power outages in the
community and installation of new equipment to help minimize the
number of customers affected should an interruption of service take
place. Conpletion of the project is expected by late Fall of 1992.
Mr. LaFever expressed appreciation to Council for patience regarding
this effort and said he was available to respond to any questions
Council might have regarding same.
Card Room City Manager Netter said copies were provided to Council of letter
Ballot received August 18, 1992 from Bob and Carol Sissa regarding November
Measure 1992 Ballot Measure for card rooms in the City of Rohnert Park. He
shared comments as reviewed in the Council Meeting Memo pertaining to
Mr. and Mrs. Sissa's request for Council's consideration to give some
kind of assurance that their application for a card room will be given
priority over other applications. Mr. Netter cautioned Council about
Rohnert Park City Council Minutes (4) August 25, 1992
making any such commitments, as advised by City Attorney Flitner. He
said Council should, however, be considering efforts toward the
development of policies and procedures for selecting the limited card
room operators, if the ballot measure is approved. City Manager
Netter confirmed staff's strong recommendation that no commitment be
given to any potential operator, and any request for such priority
consideration should be denied.
Bob Sissa, 172 Fescue Way, was recognized to speak regarding this matter by
Mayor Pro- Tempore Hollingsworth. Mr. Sissa reviewed contents of his
above- referenced letter explaining reasons for requesting priority
consideration over other card room applicants. He said he was just
asking for a decision from the City Council at this time that could
encourage his promotion of the card room ballot measure, and said he
would like a letter of backing from the Council regarding same.
Discussion followed during which Council expressed understanding
toward Mr. Sissa's request as the initiator of the card room ballot
measure because of his interest to establish a card room in the
community. However, Council comments included explanation that such a
letter of intent, as requested above by Mr. Sissa, would be subject to
challenge and could hold no guarantees because of various actions of
future City Councils over which this Council would have no control.
City Attorney Flitner responded to Mr. Sissa's inquiry that he had
already thoroughly reviewed the matter and the City simply cannot
favor anyone. Mayor Pro - Tempore Hollingsworth concluded this
discussion and said, at this point, no one knows if the card room
ballot measure is going to pass, but this is a municipality and the
City mast operate under rules that are fair to everyone. Council
wished W. Sissa well in whatever decision he makes toward promoting
this effort.
SW Blvd.
City Manager Netter referenced plans on display and shared commrents as
Public
reviewed in the Council Meeting Memo regarding leasing office and
Safety
other space at the old Public Safety Building on Southwest Blvd. As
Building
directed by Council at its previous meeting, residents in the general
Use
vicinity of the Southwest Blvd. site were informed of the proposed
change in use of this facility. A public hearing was duly noticed and
scheduled at this time regarding this matter. Copies were provided to
Council of resolution for consideration approving proposed lease
agreement with Sonoma County Office of Education for use of the
referenced facility for a comrmanity school and administrative offices.
Space for the proposed joint use of the facility by the Boys and Girls
Club is identified, but a lease has not yet been negotiated. City
Manager Netter said representatives for both the Sonoma County Office
of Education and the Boys /Girls Club were present at tonight's meeting
to respond to Council questions. Mr. Netter reviewed additional
discussions pertaining to this matter which included leaving open the
possibility of requiring a fence between the referenced site and the
adjacent Rohnert Park Junior High School, if and when necessary;
recent conimmications with Chief Dennett establishing the need to
retain the three bays to keep the fire apparatuses covered and out of
the weather. He pointed out existing plumbing provisions for an
additional restroom for Public Safety Department use separate from the
youth programs; and the eventual possibility of a couple portable
buildings for future use by the Boys and Girls Club.
Rohnert Park City Council Minutes (5) August 25, 1992
Public Mayor Pro - Tempore Hollingsworth opened the public hearing at
Hearing approximately 7:07 p.m.
Becky Rishe, 8739 Laurelwood Drive, expressed concerns regarding the joint leasing
of the referenced facility with the Boys /Girls Club side by side with
the Connunity School; the close vicinity of the Junior High School and
the possibility of a fence to separate the properties; the possible
complications of youth sharing restrooms with firefighters; and the
added temptation to youth with access to expensive radio equipment and
fire trucks, making the comparison of giving a child a tamper proof
bottle which presents the challenge to prove it can be opened.
Ms. Rishe also asked if there was sufficient space for additional
parking as well as proposed portables in the back lot. She said more
space would be taken up in the parking area which could present a
traffic problem depending on the time of day, especially related to
timing for emergency needs of the fire trucks. She also asked if
there would be sharing of showers between the youth programs and the
firefighters.
Jan White, President of the Board of Directors for the Boys /Girls Club, 164 Allan
Avenue, said she would like to respond to some of the questions raised
pertaining to the joint use of the Public Safety Building by the two
youth programs, as well as retention of the designated area for the
City's firefighters. Arrangements are being worked out for a separate
bathroom. The Com mity School will have its specified area and the
Boys /Girls Club will have its own area and the programs will be
meeting at separate times. There has been consent between the two
programs to share certain areas, but at no time will the two
groups be interactive.
There being no one further desiring to speak, Mayor Pro - Tempore
Hollingsworth closed the public hearing at approximately 7:10 p.m.
Discussion followed during which Vic Trucco, Director of the Court and
Comrunity School responded to various Council questions pertaining to
ages and reasons for students to be enrolled in the Con ninity School.
The students are up to age 18, and the sequence in which they are
placed in the program is after continuation school, if needed, such as
because of truancy. The Conramity School tries to work with that
child and is another attempt to help the student become successful.
The ratio of student to staff is seven or eight to one. The program
is not voluntary as students cannot quit unless they go back to
regular school or pass a GED, etc. Council expressed concerns
regarding 17 or 18 year old students with certain problems and the
responsibility connected with having automobiles, that these students
would seem likely to have driving problems also. W. Trucco responded
that the population ratio would not necessarily be the same, but as a
comparison said their Conrunity School in Petaluma only had two cars
from student drivers out of the classrooms. Because of their
situations, the students are not apt to be permitted to drive due to
lack of responsibility. He explained the intention of the Com ninity
Rohnert Park City Council Minutes (6) August 25, 1992
School to only use the right side of the parking lot, that there would
be full supervision of the area, and none of their vehicles would be
going around to the Fire Department side. Council commented further
on the dangerous entry onto Southwest Blvd. from the referenced
parking lot with preference that any driving students park on the
street, even though it is a major bike path, rather than be permitted
to use the parking lot at this particular site. Council also pointed
out that there was no provision in the lease agreement for termination
of same from the City's standpoint. City Manager Netter recommended
adding a 90 day termination clause that would allow the Community
School to complete its school year but also provide for sufficient
time to find other facilities, if this arrangement does not work for
the City.
Further discussion followed during which City Manager Netter responded
to above questions pertaining to separate bathroom facilities for
firefighters and equipment access. He pointed out the area designated
for use by the Public Safety Department with existing plumbing and
said this area would be renovated so the City Department would have
its own bathrooms. Even so, this area would only have minimal use
since Public Safety employees would usually go to the main station
because of more adequate facilities. The radio equipment would be
locked in a closet with solid core doors in the designated area for
the Public Safety Department where there would be no access to
the students.
Resolution A RESOLUTION APPROVING A LEASE AGREEMENT WITH SONONR CO(QV'I'Y OFFICE OF
No. 92 -146 EDUCATION FOR THE USE OF THE SOUTHWEST BOULEVARD PUBLIC SAFETY
BUILDING FOR A CON"ITY SCHOOL AND ADMINISTRATIVE OFFICES
Upon motion by
Councilman Hopkins, seconded by Councilman Reilly,
and
unanimously approved,
Resolution No. 92 -146 was
adopted with
amendments in
the lease agreement requiring student
vehicles to
be
parked on the street and not be allowed on site in the
parking area
to
be designated
for administrative vehicles only, and
that specific
language for
termination provisions for the City
be added,
as
recommended by
staff.
Parks and Recreation matters:
1) Joyc Poue t for refund of field rental f= - City Manager
Netter referenced copies provided to Council of staff report dated
August 18, 1992 from Recreation Director Pekkain and explained Joyce
Poueu request for refund of field rental fee as reviewed in the
Council Meeting Memo. W. Netter said staff recommends not reducing
the fee from $100 to $50, as recommended by the Commission after
Commissioner Flores volunteered to pay Joyce Poueu $25 out of his
pocket, because of the need for Council to adhere to its policy of not
waiving fees, especially during these tight economic times.
Discussion followed during which Joyce Poueu responded to various
Council questions regarding her request. She said the total cost of
the recent softball tournament was $700 toward which Commissioner
Flores gave $25, after hearing that her meeting with the City of Santa
Rosa resulted in a contribution amounting to $250.
Rohnert Park City Council Minutes (7) August 25, 1992
Further Council comments included consideration of individual
contributions from Councilmembers corrpared to approving a contribution
out of the City's comnmity promotional funds. Council agreed with
staff recommendation that it should adhere to its policy of not
waiving fees.
A motion was made by Mayor Pro - Tempore Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to contribute $75 to
Joyce Poueu from the City's comTmity promotional funds for field
rental fee refund pertaining to the softball tournament held on august
15th and 16th at Sunrise Park.
2) Nam of "M" Pa - City Manager Netter referenced copies provided
to Council of list attached to above - mentioned staff report from
Recreation Director Pekkain regarding 141 park names submitted by 78
families for the naming of "M" Park. Mr. Netter shared comments as
reviewed in the Council Meeting Memo confirming the three top names as
follows: first, Magnolia Park with 9 entries; second, Majestic Park
with 8 entries; and third, Mountain View Park with 7 entries. The
Commission recommended the name of Nbuntain View Park as it felt the
name was more appropriate than the top entry because of the Sonoma
Nbuntains being visible from the park.
Discussion followed during which Councilman Hopkins expressed his
desire to name the park "Memorial Park" because of various
possibilities to use the park as a veteran's memorial, senior's
memorial, etc.
A motion was made by Councilman Hopkins to name the park "Memorial
Park ". Said motion died for lack of a second.
A motion was made by Councilman Eck, seconded by Mayor Pro - Tempore
Hollingsworth, to concur with Parks and Recreation Commission
recommendation to name the park "Mountain View Park ", and failed by
the following vote:
AYES: (2) Councilman Eck and Mayor Pro- Tempore Hollingsworth
NOES: (2) Councilmen Hopkins and Reilly
ABSENT: (1) Mayor Spiro
Discussion followed during which comments were made that if a
neighborhood ballot were to be taken seriously, the top three or four
entries should be submitted to the neighborhood for a final vote and
unanimous choice. Councilman Hopkins said he would be in favor of
this action if the name "Mbmorial Park" would be included on the list.
A motion was made by Councilman Eck, seconded by Mayor Pro- Tenpore
Hollingsworth, to send the top choices for naming M Park back to the
neighborhood for a final vote, and failed by the following vote:
AYES: (2) Councilman. Eck and Mayor Pro - Tempore Hollingsworth
NOES: (2) Councilmen Hopkins and Reilly
ABSENT: (1) Mayor Spiro
Rohnert Park City Council Minutes (8) August 25, 1992
A motion was made by Councilman Reilly, seconded by Mayor Pro - Tempore
Hollingsworth, to name the park "Magnolia Park" according to the
people's choice, and approved by the following vote:
AYES: (3) Councilman. Eck, Reilly and
Mayor Pro- Tempore Hollingsworth
NOES: (1) Councilman Hopkins
ABSENT: (1) Mayor Spiro
3) Proposed Amendment to Park Ordinance Section 9.62.020 reegar_ dincr
hours of fiel d use - City Manager Netter referenced copies provided to
Council of staff report dated August 20, 1992 from Recreation Director
Pekkain regarding Park Ordinance 9.62.020 Amendment, and shared
comments as reviewed in the Council Meeting Memo. He said the
referenced amendment would allow the Recreation Department to further
restrict the use times of the City parks for any organized sporting
event. The language would give additional flexibility to the Parks
and Recreation Commission for authorizing additional restrictions and
would give authority for the Public Safety Department to enforce the
restrictions. This ordinance has been presented for introduction at
this time, if Council agrees with the language as reviewed. City
Manager Netter responded to Council questions regarding this matter.
Discussion followed during which Council reviewed various differences
between the parks throughout the City and concluded that the
Park Ordinance amendment language, as presented, was arbitrary and
too broad.
A motion was made by Mayor Pro- Tempore Hollingsworth, seconded by
Councilman Eck, and unanimously approved, to table this item regarding
proposed amendment to Park Ordinance Section 9.62.020 with Council
concerns to Parks and Recreation Commission and staff regarding same.
Planning and Zoning matter:
File N0.1548 - Specific Plan ordinance (continued from 8/11/92)
Mayor Pro - Tempore Hollingsworth said the next item scheduled on
tonight's agenda regarding Performing Arts Center matters would be
skipped at this time in order to handle the first item under Planning
and Zoning matters (File No. 1548 - Specific Plan Ordinance), since it
would be necessary for Councilman Hopkins to leave the Council meetinq
early due to a family situation. With Mayor Spiro absent, Councilman
Hopkins' vote is needed in order to enable Council action on the item.
Mr. Hollingsworth said this Specific Plan Ordinance No. 563 was
presented for adoption at the August 11, 1992 Council meting, but was
held pending as it received a 2 to 1 vote and three affirmative votes
are required to approve an ordinance. Discussion followed.
City Attorney Flitner responded to various Council questions regarding
this matter and reviewed previous comments of Attorney Margaret Sohagi
(the City's Legal Counsel for the General Plan).
Rohnert Park City Council Minutes (9) August 25, 1992
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TITLE 17 - ZONING OF
No. 563 THE CITY OF ROHNERT PARK'S MJNICIPAL CODE TO INCLUDE PROCEDURES FOR
THE ADOPTION, AMENDMENT OR REPEAL OF SPECIFIC PLANS
Upon motion by Councilman Eck, seconded by Councilman Hopkins, reading
of Ordinance No. 563 was waived and unanimously adopted by the
following vote:
AYES: (4) Councilmen Eck, Hopkins, Reilly and
Mayor Pro- Tempore Hollingsworth
NOES: (0) None
ABSENT: (1) Mayor Spiro
Councilman
Hopkins Councilman Hopkins left the Chamber at approximately 7:45 p.m.
Leaves
Performing Arts Center matters:
City Manager Netter said that staff was finalizing the numbers for
fiscal year end 1991 -92 for the Performing Arts Center as the books
are being closed and the City's year end audit is being completed.
The final report will be submitted for discussion and review at a
later date. For the 1992 -93 Season, staff is working on a
transformation plan that will spin off the three companies into
independent status and reduce the overall budget of the Performing
Arts Center.
Planning and Zoning matters (continued):
File No. 1563 - Planning Director Skanchy said copies were provided to Council of
Staff Report dated July 15, 1992 regarding File No. 1563 - Amending
Section 17.08.160 of Rohnert Park Municipal Code pertaining to
location and height of fences on corner lots in residential districts.
He shared contents therein as reviewed in the Council Meeting Memo and
said a public hearing regarding this matter had been duly noticed and
scheduled at this time.
Mayor Pro - Tempore Hollingsworth said he might have a conflict of
interest pertaining to this issue since he had recently bought a house
with his son who has applied for a permit for a corner lot fence.
City Attorney Flitner responded that there probably would be no
problem regarding this particular situation, but said consideration
could be given to deferring this item to the next Council meting, if
Mr. Hollingsworth preferred to abstain. Planning Director Skanchy
confirmed there was no critical need for Council action on this
item at tonight's meeting, and this item would be continued to
September 8, 1992.
Public Mayor Pro - Tempore Hollingsworth opened the public hearing at
Hearing approximately 7:47 p.m. There being no one desiring to speak, Mayor
Pro - Tempore Hollingsworth said this public hearing would be continued
at the next City Council meeting on September 8, 1992.
Rohnert Park City Council Minutes (10) August 25, 1992
File No. 1566 - Planning Director Skanchy said copies were provided to Council of
two zoning ordinance amendments for File No. 1566 amending Chapter 17
of Rohnert Park Municipal Code regarding mechanical and play devices
in Commercial Districts, and amending Chapter 9 of Rohnert Park
NUnicipal Code pertaining to hours of operation of Mechanical and Play
Devices. He explained the amendments, as reviewed in the Council
Meeting Memo, and said public hearings for both had been duly noticed
and scheduled at this time. Planning Director Skanchy responded to
various Council questions pertaining to these amendments.
City Attorney Flitner responded to Council inquiry that the public
hearings and Council action for these amendments could be handled
consecutively.
Public Mayor Pro - Tempore Hollingsworth opened the public hearing at
Hearing approximately 7:52 p.m. There being no one desiring to speak, Mayor
Pro- Temmpore Hollingsworth closed the public hearing.
Discussion followed.
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE
No. 564 ROHNERT PARK MJNICIPAL CODE BY ADDING FIVE OR LESS NE;CHANICAL AND
ELECTRONIC PLAY DEVICES AS A PERMITTED USE IN ALL COWE,RCIAL DISTRICTS
AND BY REQUIRING A CONDITIONAL USE PERMIT FOR 6 OR MORE NE:CHANICAL AND
ELECTRONIC PLAY DEVICES IN ALL CO"4 RCIAL DISTRICTS
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 9.28
No. 565 MECHANICAL AND ELECTRONIC PLAY DEVICES BY DELETING CERTAIN SECTIONS
Upon motion by Councilman Eck, seconded by Councilman Reilly, reading
of Ordinance Nos. 564 and 565 was waived, and said ordinances were
introduced as amended for 1 to 5 machines to be approved by staff
issuance of a use permit subject to conditions which would allow
revocation of the permit and 6 or more machines subject to use permit
approval by the Planning Commission requiring public hearing. The
motion was unanimously approved by the following vote:
AYES: (3) Councilmen Eck, Reilly and
Mayor Pro- Tempore Hollingsworth
NOES: (0) None
ABSENT: (2) Councilman Hopkins and Mayor Spiro
Chamber
City Manager Netter referenced copies provided to Council of
of
promotional activities agreement with the Charmer of Comrerce and
Commerce
letter dated August 14, 1992 from the Rohnert Park Chamber of Commerce
Agreement
regarding City funding to the Chamber. He shared contents therein as
reviewed in the Council Meeting Memo. City Manager Netter said John
Cicotte, President of the Board for the Chamber of Commerce and
Executive Director Beth Jeffcoat, were present at tonight's Council
meeting to review the matter and respond to Council questions.
John Cicotte, President of the Board /Chamber of Commerce, explained
the Charmer's incentive provision for the new Executive Director. He
reviewed the intent of his above- referenced letter proposal whereby,
in light of the current financial climate in the City, the Chamber
would like to request the City to continue funding the Chamber for the
Rohnert Park City Council Minutes (11) August 25, 1992
Executive Director's salary, and the Chamber be relieved of its
obligation of the Holiday Lights. The Chamber would like to create a
Community Christmas event for the citizens of Rohnert Park. Mr.
Cicotte said the goal of the Chamber is to become self- sufficient and
said he felt it might be possible to reduce the City's funding to
$35,000 this year.
Discussion followed during which Council expressed concern toward
decisions that might jeopardize the provision to the comnuzity for the
traditional Holiday Lights. Comments were made regarding the need to
further review the various items referenced in the Chamber agreement,
especially related to the possibility of reducing the contract by
$5,000, as well as ensuring the provision for Holiday Lights.
A motion was made by Mayor Pro - Tempore Hollingsworth, seconded by
Councilman Eck, and unanimously approved, to refer this matter to
Council Liaison Member Eck for further review and recommendations
regarding the Chamber of Commerce agreement, and place said item on
the next Council agenda.
North Golf City Manager Netter said staff has researched the contractor who
Course performed the work on the North Golf Course irrigation system, as
Irrigation directed by Council at its previous meeting, and shared convents as
System reviewed in the Council Meeting Memo. W. Netter said copies were
provided to Council of City Attorney Flitner's report dated August 21,
1992 regarding North Golf Course - Statute of limitations advising
that the statute of limitations for making claims for latent
deficiencies (deficiencies not apparent by reasonable inspection) is
ten (10) years. The City Attorney's opinion reviewed various
obstacles regarding the City's pursuit of this matter including the 10
year statute of limitations, but especially because the work was done
for Condiotti Enterprises who dedicated the property to the City.
City Manager and City Attorney responded to various Council questions
regarding this matter.
Discussion followed during which City Attorney Flitner cormiented that
it would be nice if Condiotti Enterprises started the initial actions
regarding the referenced irrigation system. Council concurred that
staff should send a letter to Condiotti Enterprises requesting
American Golf Corp. and Condiotti Enterprises to pursue this matter.
RECESS Mayor Pro - Tempore Hollingsworth declared a recess at
approximately 8:10 p.m.
RECONVENE Mayor Pro- Tempore Hollingsworth reconvened the Council meeting at
approximately 8:20 p.m. with all Councilmembers present, except for
the absence of Councilman Hopkins and Mayor Spiro as previously
signified in these minutes.
Rohnert Park City Council Minutes (12) August 25, 1992
Rohnert Park Sister City Committee matter:
Mayor Pro - Tempore Hollingsworth referenced copies provided to Council
Japanese of letter dated August 13, 1992 from Rohnert Park Sister Cities
Garden Committee requesting Council to consider setting aside some City land
for a Japanese style garden. He asked if there were Sister Cities
representatives present at tonight's meeting to more fully review the
request.
Gordon Adam, 5753 Dexter Circle, said he was a member of the Sister Cities
Committee and one of the past Chairmen. He reviewed contents of the
above- referenced letter confirming that the idea for a Japanese Garden
was a result of the Committee's recent trip to Hashimoto, Japan. He
said Committee was very impressed with the Japanese Gardens that are
serene and beautiful, and thought such a garden would be a refreshing
idea for Rohnert Park.
Discussion followed during which Mayor Pro - Tempore Hollingsworth
suggested a location behind the "1st green" at the golf course that
has been needing some kind of attention to improve the appearance, and
can also be seen from the freeway. Council agreed the idea of a
Japanese Garden in Rohnert Park should be pursued and recom ended
referral of the item to the Parks and Recreation Commission either by
copy of the above- referenced letter, or by the Sister Cities Committee
drafting another letter to the Commission regarding the matter.
Street Lights - City Manager Netter referenced copies provided to Council of staff
report dated August 20, 1992 from Finance Director Harrow regarding
proposal to purchase street lights from P.G. & E. and shared contents
as reviewed in the Council Meeting Memo. Mr. Netter responded to
various Council questions regarding this matter and said, if Council
gives staff authorization to proceed further, Stone and Youngberg
would be approached to formulate a bond program that would best
facilitate this purchase. Discussion followed.
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved, for staff to proceed with the review of the
street lights purchase proposal, as recommended above, for Council's
further consideration.
Channel 22 City Manager Netter referenced copies provided to Council of staff
report dated June 19, 1992 regarding valuation of City -owned land for
potential sale to Channel 22, and shared comnents as reviewed in the
Council Meeting Memo. Mr. Netter said Council had previously
authorized staff to pursue a professional appraisal of the referenced
land, however, due to the current economic conditions as well as the
down real estate market, thought it best to have Council reconfirm its
directive regarding this matter. He said it is staff's recommendation
not to spend the approximately $4,000 for the appraisal at this time.
City Manager Netter said, earlier today, Channel 22 General Manager
Nancy Dobbs provided him with a copy of a letter from her appraiser of
the land for funding mechanisms. This appraisal, dated January 30,
1991, valued the land at $215,000, which is close to the City's
in -house appraisal.
Rohnert Park City Council Minutes (13) August 25, 1992
Discussion followed during which City Manager Netter responded to
various Council questions regarding this matter. He reviewed
details pertaining to the value of the leasehold on the tower, to
which the City relinquished its rights, amounting to approximately
$2,400 monthly. In calculating that value, $77,000 would be added to
the appraisal based on the rental fee collected. City Manager Netter
said he questioned whether or not it is in the best interest of the
City to sell the land. He also recommended retaining control of the
land in the event of the failure of Channel 22. W. Netter referenced
plans on display, pointing out the boundaries of the Channel 22
location in the vicinity of the Stadium, confirming that selling the
referenced section really does not jeopardize the value of the
remaining land.
Further discussion followed during which Council agreed it should wait
for full Council before taking action on this matter. Conparisons
were made regarding whether or not selling the property would benefit
the City to the trade -off for the continued existence of a
public TV station.
Nancy Dobbs, President of KRCB- Channel 22, responded to various
Council questions and said Council. had directed staff to meet with
KRCB about a year ago to work out a proposal. Circumstances have
prevented getting to that table for discussion and review. She said
the appraisal would only be a starting point to see if there is
anything to discuss.
Council agreed it would not be necessary to proceed with the cost of a
full appraisal at this point since Channel 22's appraiser's value is
in line with the City's in -house appraisal which results in a high of
approximately $302,000 and a low of approximately $277,000.
Mayor Pro- Tenpore Hollingsworth said Channel 22 representatives should
schedule a time with City staff to review this proposal. He confirmed
he would be willing to sit in on the meeting, if desired and
as suggested by Council Committee Member Eck, because of questions
Mr. Hollingsworth raised during tonight's discussion regarding this
matter. Following the review with staff, a meeting with the Council
Committee could then be scheduled, when ready. Council concurred.
Boy Scout City Manager Netter referenced copies provided to Council of request
Troop to Director of Public Safety Dennett from Steve Callahan, Scout Master
#314 of Troop 4314 requesting use of space at the Southern Station on
Maurice Avenue on Thursday nights. He shared comments as reviewed in
the Council Meeting Memo and said staff recommends approval of same.
Upon motion by Councilman Eck, seconded by Councilman Reilly, use of
Southern Station (Maurice Avenue) office space by Boy Scout Troop #314
was unanimously approved, as requested.
ABAG City Manager Netter referenced copies provided to Council of ABAG memo
Projections dated July 27, 1992 regarding its "Projections 92" report and shared
1992 comments as reviewed in the Council Meeting Memo. Copies of relevant
portions of the report were provided to Council with the full report
available for review in the City Manager's office. He said the report
is ABAG's latest series of population, household, job demand and
Rohnert Park City Council Minutes (14) August 25, 1992
income forecasts. City Manager Netter turned further comments
regarding this report over to Planning Director Skanchy who had
reviewed the numbers more thoroughly.
Planning Director Skanchy said the report reflected numbers that were
relatively accurate, though larger than the numbers discussed by the
General Plan Committee due to projected growth for the next 20 to 30
years. Correct numbers were used for housing allotments. The cities
collectively met with ABAG two or three times regarding the
projections. Mr. Skanchy said he challenged the numbers as being too
high and requested Rohnert Park's projected numbers be down scaled up
to the year 1999. He said ABAG bases its projections on past growth
analysis and does not use information based on water provisions, sewer
capacity, constraints, etc.
Discussion followed during which Council expressed concerns toward a
time in the future when ABAG is no longer a "paper tiger" and
referenced complications for the City when ABAG gets some authority.
Council concurred with Mayor Pro- Tempore Hollingsworth's recommenda-
tion for Council to go on record with the statement that it
disagrees with ABAG's 1992 Projections.
Corm unications - Commnications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
1) City Manager Netter responded to inquiry from Councilman Eck that
staff makes two -sided copies of various duplicated reports, whenever
possible, for the most economical use of paper supplies.
2) Councilman Eck referenced letter dated August 19, 1992 to Mr.
Ferris, Director of Utilities, City of Santa Rosa from City of Rohnert
Park Engineer /Director of Public Works Brust regarding expanded seer
capacity. He said he would like to review the contents therein with
City Engineer Brust and then have the City Engineer report back to
Council to further clarify the figures signified by the astericks
(pertaining to shares of m.g.d. percentages).
3) City Manager Netter brought attention to item #5 on the
communications list from Rohnert Park Chamber of Commerce regarding
the Ribbon Cutting Ceremony for The Crafts Store, 415 Rohnert Park
Expressway at 11:00 a.m. on Friday, August 28, 1992.
4) City Nbnager Netter also referenced item #11 on the communications
list from Attorney Richard C. Bolanos with the Law Firm of Whitmore,
Johnson & Bolanos regarding Ninth Circuit Fair Labor Standards Act
Appeal Request for Amicus Assistance. Mr. Netter reviewed contents
therein regarding the complexities of the Fair Labor Standards Act,
specifically related to employees exenpt from overtime. Because the
referenced appeal implicates public employment policy issues of
statewide interest, the Legal Advocacy Committee of the League of
Rohnert Park City Council Minutes (15) August 25, 1992
California Cities has voted to support the filing of
in support of the referenced City's position. City
responded to various Council questions regarding this
he recommended that the City join in this amicus brief.
an amicus brief
Manager Netter
matter and said
Upon motion by Councilman Eck, seconded by Councilman Reilly, to join
the amicus brief for the Ninth Circuit Fair Labor Standards Act
Appeal, as recommended by staff, was unanimously approved.
5) City Manager Netter referenced item #10 on the commmications list
from Mayors' & Councilmembers' Association and pointed out that SB 797
( Becky Morgan' s bill) passed in the Ways and Means Committee and is
proceeding to the Assembly Floor. Mr. Netter confirmed that Council
had submitted previous opposition to this bill. Discussion followed
during which Councilman Eck commented that the City's opposition has
been duly noticed in many letters.
City Manager's Report:
1) Animal Shelter site - City Manager Netter reported on the progress
for the new Animal Shelter site. He said the City Attorney is working
on some new language for the agreement and hoped to have information
regarding the reversionary clause available for Council's review at
the next Council meeting.
2) Open Space District - City Manager Netter referenced copies
provided to Council of letter dated August 14, 1992 with attached
meeting agenda for August 20, 1992 from David Hansen, General Manager,
Sonoma County Agricultural Preservation and Open Space District
regarding Acquisition Subcommittee. Mr. Netter said he and Santa Rosa
City Manager met to work on an agreement between the two cities
on protection of the Conrunity Separator, and should be reviewing
the matter soon with David Hansen to finalize an agreement with
Santa Rosa.
3) Tobacco matters re. Tobacco Free Business Project and Stop Tobacco
Access for Minors Project (STAMP) - City Manager Netter referenced
copies provided to Council, for informational purposes, of various
comntnications pertaining to tobacco projects including letter dated
August 18, 1992 from Sarah Kuh, Comrunity Health Educator for STAMP
regarding information on the investigation being conducted by the
Sonoma County District Attorney's office of repeat violators of
California Penal Code Section 308, which prohibits the sale of tobacco
products to minors. City Manager Netter reviewed the specific efforts
of the two tobacco programs and said he was not previously aware that
the "sting" project of the STAMP program could result in violations
being prosecuted via use by the District Attorney Gene Tunney's office.
Discussion followed regarding the interconnecting links between the
tobacco programs and provision of information to District Attorney.
City Manager confirmed that no man power is involved as far as City
staff is concerned. Council concluded that there seemed to be no
problem with the end result of prosecutions to such violations via
District Attorney, as long as there were no additional costs incurred
to the City. City Manager Netter indicated that this matter was for
informational purposes as it was different information than was
originally corrmmicated.
Rohnert Park City Council Minutes (16) August 25, 1992
4) Women's Professional Fastpitch Team - City Manager Netter
referenced copies provided to Council of Director of Recreation
Pekkain response to letter dated August 13, 1992 from Christine R.
Coringrato, Director of Marketing for National Fastpitch Association
regarding the possibility of locating a women's professional fastpitch
team in Rohnert Park. City Manager Netter said use of the City's
stadium is encouraged but such programs must be totally cost covered.
Staff is researching this matter further.
5) Public Safety move to new facility - City Manager Netter
referenced copies provided to Council of staff report dated August 12,
1992 regarding the Public Safety Department move to the new facility
which did take place during the past weekend. Discussion followed
regarding the most appropriate date for an open house with conclusion
by Council that there should not be a separate pre - opening tour for
any particular officials, but that the open house with ribbon cutting
should include the general public. Suggested dates for the open house
were on Wednesdays, October 14th or October 21st, with direction for
staff to establish the most convenient date. Additional open house
arrangements on the weekend could still be scheduled as necessary.
6) Senior Center BBQ /Auction results - City Manager Netter referenced
copies provided to Council, for its information, of staff report dated
August 17, 1992 regarding results of the First Annual BBQ /Auction held
at the Senior Center on August 11, 1992.
City Attorney's Report:
1) City Attorney Flitner referenced copies provided to Council of
letter dated August 11, 1992 from State Attorney General Lungren
regarding California v. Rosendin Electric, et. al., San Francisco
Superior Court No. 810011. Mr. Flitner shared contents therein and
said Rohnert Park was listed on the schedule of benefited cities for
proportionate allocations. City Attorney Flitner said copies were
also provided to Council of resolution for consideration regarding
this matter and recomrended adoption of same at this time.
Resolution A RESOLUTION OF THE CITY OF ROHNERT PARK AUTHORIZING THE MAYOR TO
No. 92 -147 EXECUTE THE A AND AUTHORIZATION TO CALIFORNIA ATTORNEY
GENERAL TO EXECUTE SETTLE NT AGREENENT IN SAN FRANCISCO SUPERIOR
COLRT CIVIL ACTION NO. 810011
Upon motion by Councilman Eck, seconded by Councilman Reilly, and
unanimously approved, reading of Resolution No. 92 -147 was waived and
said resolution was adopted by the following vote:
AYES: (3) Councilmen Eck, Reilly and
Mayor Pro- Tempore Hollingsworth
NOES: (0) None
ABSENT: (2) Councilman Hopkins and Mayor Spiro
2) City of Petaluma amicus brief regarding ambulance service - City
Attorney Flitner referenced copies provided to Council of letter dated
August 17, 1992 from City of Petaluma, City Attorney Rudnansky
regarding jurisdiction over municipal ambulance services. City
Rohnert Park City Council Minutes (17) August 25, 1992
Attorney Flitner shared contents therein pertaining to the request for
cities to support the City of Petaluma either by way of joining in the
preparation of an amicus brief or other means. City Attorney
comented that Rohnert Park's situation is different than Petaluma's
in that we have a service agreement with the County and would,
therefore, recommend that Rohnert Park not participate in this
particular amicus brief.
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved, not to participate with the City of Petaluma
in the above - reviewed amicus brief regarding ambulance services.
3) City Attorney Flitner referenced Sim vs. City of Rohnert Park and
said an extension was granted on August 19th. Mr. Flitner said he
imagined the closing brief and argument would be sometime during the
second half of 1993, therefore, this case is on its way.
Matters from Council:
1) Subregional Water Reclamation System/City of Santa Rosa - City
Manager Netter referenced previous decision by Council regarding a
trip to view the water reclamation site at Kelly Farms on Tuesday,
September 8, 1992. He said this item was placed on tonight's agenda
for possible Council interest to change the date of this trip since
the days before and after are holidays (Labor Day and Admissions Day).
Council concurred to change the date of the trip to view water
reclamation site to Tuesday, September 22nd, 1992 at 3:30 p.m., which
would precede the regular Council meeting on that date.
2) City Manager Netter said copies were provided to Council, for
informational purposes, of schedule and flyers prepared by Rohnert
Park Founders Day Association regarding the City's 30th Birthday Bash
at Dorothy Rohnert Spreckels Performing Arts Center on Friday,
August 28, 1992.
3) City Manager Netter referenced copies provided to Council of
letter dated August 5, 1992 from National League of Cities regarding
designation of voting and alternate voting delegates for the Annual
congress of Cities from November 28 to December 2, 1992 in New
Orleans, Louisiana. Discussion followed during which City Manager
informed the Council of the Mayor's interest to attend this Annual
Congress of Cities.
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved, to designate Mayor Spiro as the voting
delegate for the above - referenced Annual Congress of Cities.
4) City Manager Netter reminded Council that the League of California
Cities Annual Conference is scheduled from October 10 -13, 1992 in
Los Angeles.
Rohnert Park City Council Minutes (18) August 25, 1992
5) Mayor Pro- Terrpore Hollingsworth said he had one miscellaneous item
to mention at this time regarding some overtones that Hewlett Packard
might want to sell some of its land. The City has an agreement with
Hewlett Packard regarding the extension of Bodway Parkway. Because of
the development of that area, it would be helpful to have that road go
through. Mayor Pro- Terrpore Hollingsworth said several citizens have
asked him about the possibility. City Manager Netter said he would
follow through with the Director of Public Works on this matter.
Unscheduled
Public Mayor Pro- Tempore Hollingsworth asked if anyone in the audience wished
Appearances to make an appearance at this time.
Linda Branscomb, 21 Anne, referenced her previous letter requesting Council support
to express concerns regarding SB 270 (Kopp) that would create
complexities and hardships to affected persons that would have to come
up with rent money.
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved, directing a letter to be drafted over the
Mayor's signature expressing concern regarding SB 270 (Kopp).
Adjournment Mayor Pro- Terrpore Hollingsworth adjourned the meeting at approximately
9:15 p.m.
De Ci Clerk
I l' <
Mayor Pro - Tempore