1992/10/27 City Council MinutesRohnert Park City Council Minutes
October 27, 1992
The Council of the City of Rohnert Park met this date in
regular session comwncing at 6:00 p.m. in the City Offices,
6750 Commerce Boulevard, Rohnert Park, with Mayor
Spiro presiding.
CALL TO ORDER Mayor Spiro called the regular session to order at
approximately 6:47 p.m. and led the pledge of allegiance.
Mayor Spiro advised that a closed session commenced this
evening at 6:00 p.m. to discuss litigation matters and
personnel matters. She said no action was taken and there was
nothing to report at this time.
ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins,
Reilly, and Mayor Spiro
Absent: (0) None
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner, Assistant to the City Manager
Leivo, Planning Director Skanchy, Director of Public
Works /City Engineer Brust and Finance Director Harrow.
Approval of Minutes Upon motion by Councilmember Hopkins, seconded by Council-
member Eck, with the exception of Councilmember Hollingsworth
abstaining due to absence from the meeting, the minutes of
October 13, 1992 were unanimously approved as submitted.
Approval of Bills Upon motion by Councilmember Hopkins, seconded by
Councilmember Hollingsworth, the bills presented per the
attached list in the amount of $973,412.95 were
unanimously approved.
Unscheduled Public Mayor Spiro stated that in compliance with State Law (The
Appearances Brown Act), anyone in the audience who wished to make a
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.
Rohnert Park City Council Minutes (2) October 27, 1992
C O N S E N T C A L E N D A R
Mayor Spiro queried if anyone 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.
Resolution A RESOLUTION OF THE CITY COL NCIL OF THE CITY OF ROHNERT PARK REJECTING
No. 92 -170 THE CLAIM OF EVELYN N. KINBERLING (Re. Alleged trip & fall injury on
RP Expressway)
Resolution A RESOLUTION OF THE CITY CODUCIL OF THE CITY OF ROHNERT PARK REJECTING
No. 92 -171 THE CLAIM OF ANGULETA SULLIVAN, c/o STEVEN O. TEAL, ESQ. (re. alleged
traffic collision at Millbrae and Dowdell Avenues)
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 92 -172 AUTHORIZING AND APPROVING AGREEMENT WITH COUNTY OF SONOMA FOR
ASSIGNNB.IV'T OF FEDERAL AID, COMBINED ROAD PROGRAM (CRP) FINDS
Resolution A RESOLUTION ACCEPTING CCMBLETION AND DIRECTING CITY ENGINEER TO FILE
No. 92 -173 NOTICE OF COMPLETION, TRAFFIC SIGNAL: E. COTATI AVE. /BODWAY PARKWAY
PROJECT NO. 1991 -7
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING
No. 92 -174 UPDATED DISABILITY WAGE PLAN
Upon motion by Councilmember Hollingsworth, seconded by Councilmember
Hopkins, the Consent Calendar as outlined on the meeting's agenda was
unanimously approved.
Scheduled Public Appearances:
1) Paul Claeyssen, Real Estate Broker for Leading Edge Properties, referenced
copies provided to Council of letter dated October 20, 1992 from
himself and John MacBurt, homeowner at 857 Lunar Court, Rohnert Park_
He reviewed contents therein regarding noise and dust problems created
by the concrete fabrication plant on Industrial Avenue in the City of
Cotati. He said Mr. MacBurt had to work tonight and was, therefore,
not able to attend this meeting. Mr. Claeyssen distributed copies to
Council of Noise and Air Pollution Abatement Petition re: Phoenix
Precast Concrete Products dated October 25, 1992 with sixteen
signatures from Lunar Court residents requesting the Council to take
action regarding this matter.
City Manager Netter referenced map on display to point out the
location of the concrete plant in Cotati and shared comments as
reviewed in the Council Nbeting Memo regarding this matter. W.
Netter said he had discussed this matter previously with Mr. Claeyssen
and indicated the matter should first be pursued with the City of
Cotati as the regulatory authority and, in the event there is no
action, the City of Rohnert Park could then possibly work with them in
efforts toward resolving the problem.
Rohnert Park City Council Minutes (3) October 27, 1992
Discussion followed during which Council concluded this item should be
a topic of discussion at the next Joint meeting between the two
cities, and possibly a letter could be written addressing the
residents' concerns.
Carl Schuman, 8755 Pine Lane, Cotati, said he was the owner of the above- referenced
property and confirmed resident complaints of the noise and dust at
the concrete plant. He reviewed production procedures and efforts
toward reducing the problems via sprinklers and water truck schedules.
Mr. Schuman. informed Council that the business had recently been sold
to a much larger operation that is set up quite a bit better than the
current facility. A lot of the machinery has already been moved out
and when the new ownership transaction is completed within
approximately thirty days, there should be a noticeable difference in
the amount of noise and dust, as the new operation will probably be on
limited production at this location. Mr. Schuman said production at
the concrete plant usually goes down at this time of the year anyway,
because of the rain.
Discussion followed during which Mayor Spiro recommended that the
property owner of the concrete plant and the residents affected by the
operation work with the City of Cotati toward solutions regarding this
matter. Council agreed it would be interested in hearing from the
neighbors in 45 to 60 days to see if there is a noticeable difference
in the noise /dust generated by the concrete plant under the new
operation, and directed staff to make contact accordingly.
Chris Inmm, 8466 Lombard Way, said he lived directly behind the concrete plant in
Cotati and had started the petition in 1990. Cotati did cooperate to
some degree as far as requiring the sprinklers and water trucks to cut
down on the dust particles. Mr. Inman said at this time he wanted to
express the position of this area in terms of the noise problem.
Noise decibels at the concrete plant are way overbearing due to the
high speed equipment required to cut pieces of concrete, especially
when doors at the facility are open. He said sound walls should be
considered.
Mr. Inman responded to inquiry from Councilman Hollingsworth that the
sound wall was a precast concrete construction and that maybe the wall
could be formed at the plant. Councilman. Hollingsworth recomrlended
suggesting the precast sound wall for the concrete plant in the above -
referenced letter to the City of Cotati. Hopefully, the City of
Cotati will address the noise and dust problems. In addition, maybe
the modified operation which is scheduled for change over the next 45
days will result in major changes.
2) Harriet Rohrer, 771 East Cotati Avenue, said she and her husband moved to Rohnert
Park ten months ago and fell in love with the surroundings and the
people. She referenced copies provided to Council of her letters dated
October 7 and 12, 1992 and shared contents therein outlining the
various disruptions to the residents of an already settled neighbor-
hood caused by the construction noise of the Burbank affordable
housing project on East Cotati Avenue. Ms. Rohrer concluded her
comments by requesting Council to limit construction hours on this
project to Monday through Friday from 8:00 a.m, to 5:00 p.m. with no
work on the weekends as the weekends belong to the taxpayers.
Rohnert Park City Council Minutes (4) October 27, 1992
City Manager Netter distributed copies to Council of letter dated
October 27, 1992 received at tonight's meeting from Virginia Hershey
for J. M. Hershey, Inc., General Contractor for the Burbank Tower
Apartment Project, regarding a set of standards being set in place for
employees and sub- contractors of said project to help ease the
construction noise and activity for the benefit of the surrounding
neighbors (copy attached to original set of these minutes). Mr.
Netter shared contents therein and advised that Virginia Hershey and
the Job Superintendent were available at tonight's meeting to respond
to Council questions.
Discussion followed during which Mayor Spiro acknowledged the
"good faith" efforts of the General Contractor for this project and
recommended direct corrmuzications between the parties involved to
resolve any further differences.
City Manager Netter said the City ordinances do not restrict
construction work on the weekends and if the Council desired to
restrict construction on weekends, the ordinances would have to be
changed. He said the above - referenced letter from the General
Contractor lays out some, standards that should be sufficient to
mitigate some of the problems.
Doug Mattlock, owner of three units located at 771 East Cotati Avenue, said he was
concerned about the process of authority in this matter. He said he
was speaking on behalf of the fifteen- member Homeowners' Association
as authorized at its last meeting. Mr. Mattlock said two of his
tenants have given notice that they are moving out the end of October
and two other tenants have indicated that they are also considering
giving notice to move. He said he does not live at the site but he
and his wife are affected by the disturbance to the people there who
rent their property. The Homeowners' Association wants to work within
the process to bring relief to the tenants and the residents and,
therefore, asks for Council's assistance to advise how to go about
doing this in a productive way. Mr. Mattlock further reviewed details
of frustrations to the residents and hostilities that build up with
this kind of situation and asked if construction sites are exempt from
City noise standards. Essentially, the Homeowners' Association is
interested in getting relief for the residents, especially on the
weekends. The Association is seriously disturbed about the noise and
will follow up on whatever ways are effective and legal to resolve
the problem. Mr. Mattlock said that before he left tonight's Council
meeting, he would like to be absolutely clear as to a process for
making an agreement that sticks even if it requires permits, etc.
The aim of the Homeowners' Association is to have the weekends quiet
and will be shooting for nothing less.
Discussion followed during which City Manager Netter and Planning
Director Skanchy responded to above - mentioned questions pertaining to
decibels of noise. Mr. Skanchy said the noise ordinance in the
M.rn.icipal Code does not reference construction projects and said that
there is a separate section regarding construction projects which do
not reference any noise decibels readings. Council comments included
review of the set of standards presented tonight in above- referenced
letter from the General Contractor and confirmed it seems he wants to
Rohnert Park City Council Minutes (5) October 27, 1992
take care of the matter with due consideration
residents. City Council also reminded the General
neighbors of this Burbank Housing Project were
toward this development and it seems reciprocal
made.
for the surrounding
Contractor that the
highly cooperative
efforts should be
Mayor Spiro invited the General Contractor to respond to questions and
make comments at this time.
Virginia Hershey, representative for J. M. Hershey, Inc., General Contractor for the
Burbank Tower Apartment Project, said one of their primary concerns is
to maintain public relations. She said she has been to the
construction site, knows it is noisy, and they have spent a lot of
time trying to work out the various complexities of this project. She
said the Job Superintendent was present with her at tonight's Council
meeting and, considering the task before them, they put together the
above- reviewed set of standards. Ms. Hershey said they have never
allowed construction on Sundays and have always maintained that rule.
However, it has been found that some of the subcontractors have
violated that rule. She further reviewed contents of the site rules
for subcontractors and pointed out that the police will be advised to
arrest anyone on site after the specified hours. Ms. Hershey said
they have had some very favorable reports from some of the surrounding
tenants regarding the efforts of this project. They are doing
everything they can think of to resolve the problems and plan to take
the referenced letter regarding the site rules and standards to the
area and pass it out so each of the surrounding tenants will feel
comfortable to contact Ms. Hershey regarding the matter. Ms. Hershey
said cutting down on the work does lengthen the construction time and
they do not know if the neighbors would prefer seven months of
concentrated hampering or twelve months of prolonged hamering.
Ms. Hershey responded to Mayor Spiro inquiry regarding the written
prior approval for proceeding with Saturday construction that this
would come from the Superintendent to the Subcontractors and dependent
upon J. M. Hershey and herself to decide whether to approve or not.
If a situation arises that this would be deemed necessary, it would
involve the fact that the subcontractors bid these jobs for a certain
amount of time and they would want to give consideration to the
interests of everyone involved in the various complexities of
completing this project.
Further discussion followed during which it was concluded that since
all parties involved in the various aspects of the above - related
concerns of this project were present at tonight's Council meeting,
including representatives of Burbank Housing, they could proceed with
a private meeting together in the Conference Room in a joint effort to
resolve the problems related to this matter. It was acknowledged
that City Engineer Brust and Planning Director Skanchy were also both
available at this time to help work out details, if needed.
(Announcement was made during the following CDA Meeting that this
matter was resolved through efforts of the above- referenced private
meeting with all parties involved in same. The residents and the
Contractor worked out a program that would be tried for the next 30
days, which established a tenant representative and Contractor
representative for a direct line of communication regarding the noise
problems.)
Rohnert Park City Council Minutes (6) October 27, 1992
ADJOURN TO COMA -LAITY DEVELOPMENT AGENCY NESTING
Mayor Spiro adjourned the regular City Council meeting at
approximately 7:35 p.m. to proceed with the Com ninity Development
Agency meeting as scheduled on tonight's agenda.
RECONVENE CITY COUNCIL MEETING
Mayor Spiro reconvened the City Council meeting at approximately 9:10
p.m. with all Councilmembers present.
Animal Shelter - Mayor Spiro said the resolution for consideration regarding award
of contract for the Animal Shelter (Project No. 1990 -14) would be
deferred as a result of Agency direction during the above- referenced
meeting to investigate other options and alternatives.
Founders Day Association:
1) Request for funding - City Manager Netter referenced copies
provided to Council of letter dated October 21, 1992 from Founders'
Day Association President Lew Kuehm requesting a grant of $2,000 to
cover past costs incurred, mainly from the Fourth of July celebration.
This item was continued from the previous Council meeting of October
13, 1992 in order for Mr. Kuehm to prepare a report outlining the
financial needs. City Manager Netter said Founders' Day
Representative Patty Coe was present at tonight's meeting to respond
to Council questions.
Discussion followed during which Councilman Hollingsworth said he had
asked at one time if the Founders' Day Committee would make some kind
of collection arrangements for fireworks so the community could
participate in contributing to the purchase of fireworks.
A motion was made by Councilman Hopkins, seconded by Councilman Eck,
and unanimously approved, to contribute $2,000 to Founders' Day
Association as requested for past costs incurred.
2) Founders Day & Crane Nylon Festival event dates - City Manager
Netter shared comments as reviewed in the Council Meeting Memo
pertaining to the Founders' Day Association and Crane Melon Festival
events. Basically, Founders' Day has decided to keep its event on the
third weekend in September as in the past, and Crane Melon Festival
will remain with the second weekend in September.
As for the 4th of July celebration, City Manager Netter said that
Patty Coe has informed the City that two local businesses may be
interested in sponsoring the event. Also, the Chamber has indicated
an interest in a fireworks celebration on the 4th of July.
City Manager Netter indicated he would inform the Chamber of the two
local businesses interested and maybe between the two, a 4th of July
event could be planned.
Healthy Cities Award - City Manager Netter explained receipt of the Healthy City
Award /Charter City 1992 and the Bronze Metal Award /California Smoke -
Free City as reviewed in the Council Meeting Memo. Mayor Spiro
displayed the awards and complimented the efforts involved in both.
Rohnert Park City Council Minutes (7) October 27, 1992
Mbbile Home Rent Appeals Board Appointment:
City Manager Netter said the recent resignation of Mr. Glenn Foley
from the Nbbile Home Rent Appeals Board has left an opening on this
Board. This was Councilman Hopkin's appointment.
Councilman. Hopkins introduced Kitty Collins as his new appointment.
A motion was made by Councilman Hopkins, seconded by Mayor Spiro, and
unanimously approved, appointing Kitty Collins to the Nbbile Home Rent
Appeals Board for a one year term to expire December 31, 1993.
Bicycle Committee Appointments:
Councilman Eck said he had reviewed all the applications for the
Bicycle Committee as recently solicited through the media. He said it
seemed to him that each person had something very unique to offer to
the City's Bicycle Committee and, therefore, recommended taking all
six applicants.
A motion was made by Councilman Eck, seconded by Councilman
Hollingsworth, and unanimously approved, appointing all six applicants
to the City's Bicycle Committee as follows: Andrew L. Hutchins, John
W. "Jake" Mackenzie, George A. Luiz, Linda Diane DeBolt, Gregory R.
Conklin and Rick Luttmann.
Linda DeBolt was present at the Council meeting and was introduced as
one of the new appointments to the Bicycle Committee.
Comprehensive Annual Financial Report:
City Manager Netter said Council had been provided with copies of the
Comprehensive Annual Financial Report for Fiscal Year Ended June
30, 1992 by External Auditors Deloitte & Touche for Council
acceptance as follows:
1) Management letter
2) Comprehensive Annual Financial Report 1991 -92
3) GANN Appropriations Limitation Report for Fiscal Year 1991 -92
4) Transportation Development Act TDA) Audit 1991 -92
5) State Local Transportation Partnership Program Report 1991 -92
City Manager Netter shared comments as reviewed in the Council Feting
Memo and responded to various Council questions regarding same
confirming that he and Finance Director Harrow were in the process of
responding to the comrents in the management letter. City Manager
Netter introduced Deloitte & Touche representatives Kevin Harper and
General Manager Michael Johnson who %ere present at tonight's Council
meeting.
A motion was made by Councilman. Hopkins, seconded by Councilman Eck,
and unanimously approved, to accept the Comprehensive Annual Financial
Report for Fiscal Year Ended June 30, 1992 , the GANN Appropriations
Limitation Report, the TDA Audit and the State Local Transportation
Partnership Program Report as presented.
Emergency Medical Subscription Service:
City Manager Netter said copies were provided to Council of staff
report dated October 27, 1992 regarding Emergency Medical Subscription
Service as directed by Council at its previous meeting to research and
Rohnert Park City Council Minutes (8) October 27, 1992
investigate such service for Rohnert Park residents similar to the one
operated by the City of Sonoma. Mr. Netter shared contents therein as
reviewed in the Council Meeting Memo comparing the independent
operation in the City of Sonoma with no outside contractor, to Rohnert
Park's exclusive franchise area operated by Sonoma Life Support and
controlled by the County of Sonoma. The existing franchise agreement
prohibits Sonoma Life Support from offering a subscription service and
would have to be amended in order to establish such a service. The
California Ambulance Association recommends against creating a
subscription service based on the ambiguous legal foundation,
therefore, it does not seem possible at this time for Sonoma Life
Support of the County of Sonoma to provide this type of subscription
service. Information has been received, pertaining to the legal
questions that exist, that cities can provide such subscription
service but private companies cannot.
Discussion followed during which City Manager Netter and Assistant to
the City Manager Leivo responded to various Council questions
pertaining to the above research report. Council comtwnts included
questioning the soundness and legality of this type of subscription
service. Council concluded the need for further investigation of the
matter.
Planning and Zoning matters:
File No.1578 - Planning Director Skanchy referenced plans on display and said
copies were provided to Council of staff report dated October 8, 1992
regarding File No. 1578 - United Furniture - Site Plan and
Architectural Review to convert the Shiery Furniture manufacturing
facility into a furniture retail center. Subject property is a 6.2
acre portion of an 8.5 acre parcel located on the north side of the
Rohnert Park Expressway and west side of Redwood Drive. He shared
contents therein and responded to various Council questions regarding
same. W. Skanchy said the Planning Commission unanimously approved
File No. 1578 at its meeting of October 8, 1992 subject to conditions
as outlined in the staff report.
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, File No. 1578 was unanimously approved as recommended
by the Planning Commission subject to conditions as outlined in the
staff report
File No. 1580 - Planning Director Skanchy referenced plans on display and said
copies were provided to Council of staff report dated September 24,
1992 regarding File No. 1580 - Burger King - Site Plan and
Architectural Review of proposed 2.674 sq. ft., 70 seat fast food
restaurant with drive- through window to be located on southeast side
of Redwood Drive, north of and contiguous to Shell Service Station,
and south of and contiguous to Taco Bell. He shared contents therein
and responded to various Council questions regarding same pointing out
the discussions pertaining to the height of the tower. W. Skanchy
said Planning Commission approved File No. 1580 with a compromise on
the tower from 40' to 39' and subject to conditions outlined in the
staff report.
Discussion followed during which comparisons were made to hodgepodge
designs of other areas and complimenting the consistency of Rohnert
Rohnert Park City Council Minutes (9) October 27, 1992
Park development. Differences of opinions were express pertaining to
the height of the tower as well as preference to no more towers in
future developments.
A motion was made by Councilman Hollingsworth, seconded by Councilman
Hopkins, to approve File No. 1580 as recommended by the Planning
Commission with the exception of moving the tower down to 37'.
Councilman Reilly said he liked the original staff recommendation of a
30' tower. Mayor Spiro said she agreed with the need for consistency
but was really tired of looking at all these towers. Councilman Eck
said, if Councilman Hollingsworth would withdraw his motion, he would
be glad to second a motion by the Mayor to remove the towers. He said
he did not like picking on Burger King, but never liked the tower at
Taco Bell and agreed with staff that Burger King's tower is mach
too high.
Councilman Hollingsworth changed his above motion to approve File No.
1580 as recommended by the Planning Commission with the 39' tower
subject to conditions outlined in the staff report. Said motion was
seconded by Councilman Hopkins and approved by the following vote:
AYES: (3) Councilmen Hollingsworth, Hopkins and Mayor Spiro
NOES: (2) Councilmen Eck and Reilly
ABSENT: (0) None
Mayor Spiro said for future development, let the record show
preference to something besides towers.
Council Committee Reports:
1) Bingo (Eck & Hopkins) - City Manager Netter referenced comments
pertaining to Bingo as reviewed in the Council M=eting Memo regarding
Council Committee Members Eck and Hopkins and City Manager Netter
meeting with the five Bingo operators in town in an attempt to resolve
the recently surfaced issue due to PAL instituting a Tuesday night
non - smoking Bingo operation. In summary, PAL and E1 Rancho
Lions /Soroptomists agreed to a trial period of 3 months after the 1st
of January with stipulations that a minimum pot of $50 would be
established for PAL and the smaller operators' minimum pot would be
$75 to encourage more players at the smaller games. PAL would
maintain a non - smoking game when E1 Rancho /Soroptomists would continue
• smoking game. In addition, the bingo operators agreed to establish
• local bingo operators association to assist in comYUnication among
operators. Councilman Eck said the meetings have been very exciting
toward possible solutions and thought Council and staff should
continue to promote cooperation among the Bingo operators.
2) City /School District Communication Committee (Spiro & Hopkins) -
Mayor Spiro and City Manager Netter attended the first City /School
District Comrunications Committee meeting which was formed to develop
good communication between the City and the local Unified School
District. Mayor Spiro confirmed participation said meeting held on
Tuesday, October 6, 1992 and referenced copies provided to Council of
said Agenda with various attachments as reviewed in the Council
Meeting Memo. She said the meeting did open dialogue and she hoped
constructive conrunications would continue on a regular basis.
Rohnert Park City Council Minutes (10) October 27, 1992
Health Care Benefits for Retired Elected Officials (Eck):
Councilman Eck shared comments as reviewed in the Council Meeting Memo
regarding his request to place the item pertaining to Health Care
Benefits for Retired Elected Officials on tonight's agenda. He
referenced copies provided to Council of City Attorney opinion dated
October 23, 1992 (copy attached to original set of these minutes)
regarding the legal effect of the adoption of Resolution No. 90-
212 upon existing City Council members which was also reviewed in the
Council Meeting Memo. Councilman Eck recommended taking action to
rescind previous Council policy regarding this matter and said he was
willing to abide by the referenced City Attorney opinion.
Discussion followed during which Councilman Eck responded to concerns
expressed that Councilmembers should have benefits like other City
employees during actual office but not after retirement.
A motion was made by Councilman Eck, seconded by Councilman
Hollingsworth, and unanimously approved, to rescind portions of
Resolution No. 90 -212 relating to health benefits for retired elected
officials, and to have the appropriate resolution on the next City
Council's agenda consistent with City Attorney opinion regarding same.
Comtunications - Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
City Manager's Report:
1) Scandia agreement to phase out program on 2% fee - City Manager
Netter said copies were provided to Council for its information of
agreement letter dated October 19, 1992 from Scandia Family Fun Center
regarding the phase out terms of the 2% fee assessed on "other play
device" revenues from Scandia Funland, Inc.
2) Public Safety Facility front counter staffing - City Manager
Netter said copies were provided to Council of staff report dated
October 15, 1992 from Director of Public Safety Dennett requesting
additional staffing of a Front Counter Receptionist at the new
facility via part time personnel with no benefits. Mr. Netter shared
contents therein reviewing the current staffing problems at the new
Public Safety Facility and said staff recommends the additional part -
time staffing as outlined.
Discussion followed during which concern was expressed regarding the
need for good service to the general public and suggestion was made
regarding the possibility of supplementing front counter coverage at
the Public Safety facility via the high school student work program
and /or other community service volunteers. City Manager Netter
confirmed such possibilities would be investigated but it would not
help to have a lot of different individuals rotating in and out for
this particular need. Council concurred direction for staff to pursue
adequate coverage at the Public Safety reception area as reviewed.
3) Air Truck 9942 replacement - City Manager Netter referenced copies
provided to Council of staff reports dated October 21 and 22, 1992
from the Department of Public Safety regarding the failing condition
of Air Truck 9942 and reviewed contents therein. The conclusion has
been established that it would be in the City's best interest to
Rohnert Park City Council Minutes (11) October 27, 1992
purchase a new Air Rescue unit rather than waste money on further
repairs of the old one. Research on this matter has just begun and it
will be coming back for Council's consideration when all the details
are complete regarding the new purchase.
4) Community Alert Network (CAN) update - City Manager Netter
referenced copies provided to Council of letter dated October 15, 1992
from Office of County Administrator regarding Update Report on the
Community Alert Network - C.A.N. and shared contents therein. He said
the County is moving along with the automatic phone lines that involve
a conputer dialing system. This is a Countywide program in which all
the cities have agreed to participate.
5) Earthquake booklet by P. G. & E. - City Manager Netter displayed a
recent earthquake pamphlet published by P. G. & E.. As directed at the
previous Council meeting, staff was in the process of preparing an
informational flyer on earthquakes to be an insert with the City
utility bills. However, with the arrival of P. G. & E.'s earthquake
pamphlet, W. Netter said he put a halt on procedures to create the
insert in the City utility bills. Council agreed following suggestion
to review the P. G. & E. pamphlet to make sure the information is
correct and sufficient.
6) Sports Center Youth Group rate - City Manager Netter referenced
recent request from the Sports Center to increase the Youth Group rate
in the amount of $1 from $8 to $9 to be consistent with other rental
rates at the Sports Center.
A motion was made by Councilman Hopkins, seconded by Councilman Eck,
and unanimously approved, to increase the Youth Group rate for the
Sports Center from $8 to $9 as recommended by staff.
7) Residential Fall Cleanup - City Manager Netter displayed flyer
prepared to advertise the Residential Fall Cleanup and Recycling Event
(a no- charge service for Rohnert Park Residents) scheduled at the
Rohnert Park Stadium parking lot from 7:30 a.m, to 5:30 p.m. for two
weekends (Friday, Saturday and Sunday) November 6, 7 & 8, 1992 and
November 13, 14 & 15, 1992.
8) Designation of Formal Date for Changing Council - City Manager
Netter asked if Council would like to give consideration to
designating a formal date for the changing of Council following
election, such as the first meeting in January, as a formal policy.
He said it usually takes the County the full 30 days to get the
official numbers of the election results to us. Generally, Council
only holds the first regular meeting in December and cancels the
regular second meeting due to the holiday.
Discussion followed during which City Attorney Flitner advised that a
new Councilmember is entitled to take their seat as soon as they are
ratified and consent would have to be received from them to designate
the change in January. Council agreed there has been no problem with
the past procedure of having a separate changing of Council meeting
and selection of new Mayor prior to the first Council meeting in
December. Mayor Spiro reminded Council that she would be attending
the Congress of Cities in New Orleans during the first week in
December and requested consideration be given to same when choosing
Rohnert Park City Council Minutes (12) October 27, 1992
the date for changing Council.
City Attorney's Report:
City Attorney Flitner reviewed the three (3) amicus briefs as listed
on tonight's Council agenda and recommended participation in same. He
referenced copies provided to Council for each as follows:
1) letter dated October 7, 1992 from City of Lompoc regarding
Lee, et al. v. City of Lompoc, et al. involving whether a City
must comply with CEQA requirements when it puts an initiative
measure on the ballot pursuant to Elections Code Section 4017,
calling for amendments to the City's General Plan and Zoning;
2) letter dated October 15, 1992 from Berliner Cohen Law Firm at
the request of the League of California Cities Legal Advocacy
Committee regarding City of Lafayette v. East Bay Municipal
Utility District pertaining to local agency exemption from city
zoning ordinances; and
3) memorandum dated October 19, 1992 from McDonough, Holland &
Allen Law Firm representing the Legal Advocacy Committee of the
City Attorneys Department of the League of California Cities
regarding Laurel Heights Improvement Ass'n v. Regents of the
University of California pertaining to EIR recirculation
requirements.
Discussion followed during which Councilman Hollingsworth said he had
a problem with not following CEQA guidelines and was not ready to
proceed with this item.
City Attorney Flitner responded to Council questions regarding EIR
recirculation and the difficulty in determining whether new
information compels the recirculation of an EIR, particularly if the
information does not disclose new or more severe significant impacts,
placing the issue in a "Catch -22" situation that "...will render
environmental litigation an endless chess match, a cycle of move and
countermove with no conceivable end in sight."
A motion was made by Councilman Hollingsworth, seconded by Councilman
Hopkins, and unanimously approved, to join the second and third above -
reviewed amicus briefs (City of Lafayette v. East Bay Municipal
Utility District and Laurel Heights Improvement Assn. v. Regents of
University of California) and to hold on the first one (Lee v. City of
Lompoc /CEQA).
Matters from Council:
Councilman Reilly reviewed his three suggestions as listed on
tonight's agenda as follows:
1) Future Council meetings at Neighborhood Schools /Centers
2) Budget Work Sessions Fiscal Year 1993 -94 soon after New Year
3) Neighborhood Advisory Committee formation
Councilman Reilly said there is the need to start an outreach for the
Neighborhood Advisory Committee especially if the State is going to
continue to cut the budget.
Rohnert Park City Council Minutes (13) October 27, 1992
Discussion followed during which Council comments included expression
of various concerns related to the proposal of future Council meetings
at Neighborhood Schools /Center especially related to the complexities
of recently providing televised meetings to the neighborhood;
opposition to the idea of budget work sessions in January when new
people are in the cwrbersome process of being indoctrinated; and no
problem with forming the Neighborhood Advisory Committee but comments
that Council mast be careful about getting people to think you are
promising things that cannot be delivered.
A motion was made by Councilman Hollingsworth, seconded by Mayor
Spiro, and unanimously approved, to place further discussion of future
Council meetings at Neighborhood Schools /Centers on the next agenda.
City Manager Netter responded to Councilman Reilly inquiry,
referencing item No. 10 on the Communications list, that a letter of
appreciation was being sent to the Rainbow Hills 4 -H Club in
recognition of their participation in the countywide "Hands Across the
County" cleanup day on Saturday, October 10, 1992.
Unscheduled
Public Mayor Spiro asked if anyone in the audience wished to make an
Appearances appearance at this time.
Adjournment Mayor Spiro adjourned the meeting at approximately 10:00 p.m.
- Z:5�
Mayor
60 uL�Zc!
October 27, 1992
I.M. HEQSHEY, INC.
GENERAL CONTRACTOR
TO: The neighborhood of the Burbank Tower Apartment
Project.
We realize the difficulty in living next door to a
construction site. I think we have all been there at one
time or another in our lives. For this reason ", we have a
primary concern about the safety and comfort level of the
neighborhoods in which we operate.
Our first choice to alleviate any discomfort derived from
the construction site activity would be to send those in the
neighborhood to Hawaii for a paid vacation for the next six
months.'
since this is not an option, we have developed the attached
rules for our employees and those subcontractors who will be
working on site. These rules will be followed as closely.as
possible and penalties will be incurred against any and all
workers and subcontractors who violate them.`'
I invite the neighborhood tenants to -keep me informed as to
how we are doing. I'also welcome any suggestions that we
might consider. We promise you our utmost cooperation and
hope that we have yours. The.Towers is a building concept
and I am sure that you will find it a wonderful addition to
your neighborhood. We have done a like-project for Burbank
.Housing in Agua Caliente and'it remains today an attractive
housing unit for very deserving people.
-:In a few weeks we will be finished with the extensive use of
heavy equipment on the site work. As a result, the noise
and dust level will be noticeably reduced. Please bear with
US.,
Yours very truly,
Virginia Hershey
Vice President
3094 Coffey Lane, Santa Rosa, CA 95403 707.525.9761 FAX 707.546.9112
LICFNSE N° B- 377782
In consideration for the neighborhood that surrounds this
project the owner has requested that we institute some
strict rules for this site. We regret any inconveniences
that these may cause in the daily routine of the project.
1) Hours of work:
Mon - Fri: lam - 5pm.
Saturdays: Only upon written, prior approval.
Sundays: Only due to emergencies and with
notification of J.M. Hershey, Inc. office.'
2) Vehicles must be kept to a minimum and will all be
parked in designated areas on the site. They can be taken
up to the individual buildings to unload materials and tools
only, then they must be parked in the parking areas.
3) Radio volume must be only loud enough to hear in
your area when tools are not running. They may not be
Played loud enough to be heard over equipment or tools.
Please read section 17 of your contract.
4) Access to the site.is limited to when Dave Nash or
Mike Toupin are on site. Do not use "Universal Keys" on the
locks. Cost of all gates, fences, locks, chains or cables
will be back - charged to company involved. If this practice
continues we will advise the police of the work hours and.
ask that anyone on -site after those hours be arrested.
5) Deliveries must be coordinated in advance Do not
send anything to the site unless your men are there to
receive it. Materials brought to the site must be located
in landscape areas or on the adjacent property. Any,
materials left in the parking lot areas will be removed and
the costs back - charged to the appropriate company.
6) Construction site _is to be maintained 'in a clean
and neat order at all times. Each sub is required to clean
up any debris generated by them. Please refer to your
contract section
7) Please caution your men against profanity or
vulgarity that would offend the neighbors or passerby.
'There are city ordinances that prohibit such behavior.
8) If your lead man must be off the site for any
length of time he must notify Dave Nash-or Mike Toupin. You
must have a foreman or lead man on site at all times that
you have personnel on site This should be the same person
so there is continuity to your work.
- /7�' %fit
TO: City Manager
RE: Legal effect of Resolution No. 90-212 and Government
Code § 53201 and 52305
DATE: October 23, 1992`
FROM: City Attorney
You have told me that Councilman Eck has requested an
opinion regarding the effect of the adoption of Resolution No.
90 -212 upon existing City Council members.
Facts
One member of the City Council has served on the City
Council for 24 years. Another member of the Council has served
the city continuously, either as Planning Commissioner or City
councilman from June 1978 to date with two more years left to
serve out an existing term in office. A third Council member has
served 1974 to 1978 and 1984 to date and is a candidate for re-
election. A fourth member of the Council has served one term and
is a candidate for re- election. The fifth Member of the City
Council is in the second year of a four year term.
The Law
Government Code § 53201 (photocopy attached) provides in
essence, as follows:
1. A city may provide health and welfare benefits for its
officers, employees, retired employees and retired members of the
City Council who so request and authorize the deduction of
premiums from compensation due.
2. The city may continue health and welfare benefits for
former elective Council members who (a) served after January 1,
1951, (b) whose total service is no less than 12 years or (c) who
completed at least one term, but less than 12 years, and who
agree to pay the full cost of the benefits.
3. Government Code § 53205 (photocopy attached) provides
that the City Council may authorize payment of all or any portion
of health and welfare benefits of officers, employees, retired
employees and former elective Council members included in
paragraph 2 above.
1
OCT- 23-'92 FRI 16:50 ID:MONROEIFLIT "JER ET AL TEL NO:707 528 -6406 #575 R03
4. Participation by the City Council at city expense is on
the same basis as city staff, is permissive and not mandatory,
and must be elected by each individual Council member.
5. Section 7 of Resolution 90 -212 (photocopy attached)
provides for full payment of premiums for health and medical,
dental and vision benefits for retired City Council members who:
a. Have at least 12 years of service with the City Council
or a city commission.
b. Retire or are not re- elected.
c. Are 50 years old or more.
d. Have been covered under the city health insurance
program for the three (3) years preceding retirement or
departure.
6. Resolution, No. 90 -212 also provides for payment of 50%
of the premiums mentioned above for the same category of
individuals (a) who have less than 12 years but more than 8
years, (b) retire or are not re- elected, and who have been
covered by the city's insurance for the 3 years i=ediately
preceding departure.
7. The election must be made before leaving city service.
Neither state law nor Resolution No. 90 -212 requires that
service years be consecutive. However, Section 6.16.1 of
Resolution No. 89 -117, which refers to "Retired and /or
Permanently and Totally Employee.s," provides that the years of
service be continuous for Council persons just as they are for
city employees.
"The pension provisions of a city charter are an
indispensable part of the contract of employment
between a city and its employees, creating a right to
pension benefits as an integral part of compensation
payable under such contract, which vest upon acceptance
of employment. (Xerr, v City of Long Beams, 29 Cal.2d
848, 852 (179 P.2d 799); Frencb v. French, 17 Cal.2d
775,777 (112 P.2d 235, 134 A.L.R. 366); prv„ deter v. Board
oL Pension Comttrs., 6 Cal.2d 575, 579 (59 P.2d 1041.)
'This right arises before the happening of the
contingency which makes the pension payable, and it
cannot be constitutionally abolished by subsequent
changes in the law.' Wallace v. City of Fresno, 42
Cal.2d 180, 183 (265 P.2d 88].) However, 'vested
contractual pension rights may be modified prior to
retirement for the purpose of keeping a pension system
flexible to permit adjustments in accord with changing
�Ml
OCT- -23 -'92 FRI 16:51 ID:MONIRCE FLITNER ET AL TEL N10:707 528 -6406 #2575 PO4 --
conditions and at the same time maintain the integrity
of the system' providing such modifications are
reasonable. Allen v. City of Long hgach 45 Cal.2d 128,
131 [287 P.2d].) 'To be sustained as reasonable, _
alternations of employees' pension rights must bear
some material relation to the theory of a pension
system and its successful operation, and changes in a
pension plan which result in disadvantage to employees
should be accompanied by comparable new advantages.'
(Al, n v. City gf *_;one Beach, 45 Cal.2d 128, 131 [287
P.2d 765].) '. . .it is advantage or disadvantage to
the particular employees whose own contractual pension
rights, already earned, are involved which are the
criteria by which modifications to pension plans must
be measured' )&bbo't v. City p os Ana s, 50 Cal.2d
438, 449 [326 P.2d 484)) ; and 'the substitution of a
fixed for a fluctuating pension is not permissible
unless accompanied by corsnensurate benefits.' (Abh9tt
v. City of Los_Angele5, 50 Cal.2d 438, 454 (326 P.2d
484].)" Abbott y. City of San Dieao (1958) 165
Cal,App.2d 511, 517.
"The 'pension provisions
are in effect during the
employment are considere,
contractual compensation
(Citations omitted.) h
infra, at page 525.
for
per
3 to
and
zott
widows and children which
iod of the husband's
be an element of his
earned by him'."
v. City of San Dieao,
"Pension provisions are, unless excluded by agreement, part
of the contemplated compensation of the city employee and
therefore a consideration of the employment contract. ffm
v. City-of-Long Beach (1947) 29 Cal.2d 848, 852 [179 P.2d
7991; Maloney, City of Los Angeles (1954) 126 Cal.App.2d
4471 451 [272 [P.2d 796].) A retired employee has a
contractual right, protected by constitutional guarantees,
in a pension; his benefits may not be changed to his
detriment. I4einheit v. City of Berkeley (1960) 179
Cal.App.2d 492, 495 [3 Ca1.Rptr. 821]; City Qf Long Beac. v
Allen (1956) 143 Cal.App.2d 35, 38 -39 [300 P.2d 356].)
Pension provisions are to be liberally construed in favor of
the pensioner. (Terry v. City of Berkeley (1953) 41 Cal.2d
698, 702 [263 P.2d 833]; (City of Long Beach Y. Allen,
sutra, at p.38.)" Dunham v. City of Berkeley (1970) 7
Cal.App.3d 508, 513.
Discussion
The sections from the Government Code together with the excerpts,
which are direct quotations from the cases cited, should give you
some idea of the sanctity with which courts treat pension and
pension - related benefits. I acknowledge that circumstances,
3
TO: CITY
OCT- 23 -'92 FR
HRLL - R. P.
16:52 ID:MCNRCE FLITNER ET AL TEL NO:707 528 -64 06 9575 F05
i.e., the bankruptcy of a municipal corporation so that it is
absolutely and financially unable to pay benefits, and possibly
some other extraordinary event which I cannot conjure at the
moment, might judicially alter the obligation. I also recognize
that we are speaking of city elective officials and not city
employees. However, I believe the principle is the same. Those
council persons ran for office with the knowledge -- actual,
implied, or later learned- -that this was one of the benefits of
the office, and it seems to me that they could make an argument
nearly as persuasive as an employee, or their widows or children
could make an argument as persuasive as the widow or children of
a city employee. It isn't all beer and skittles for elective
officials, either.
Tentative Conclusion
You asked for this opinion on short notice. In an effort to get
it to you in the time allowed, I think you should be aware that
this is not an i- dotted, t- crossed opinion. I rather doubt that
the opinion would change were I to issue a more comprehensive
one. However, if that is what is desired, then sufficient time
will have to be allocated for me to research, write, and review
it as there are, as can be imagined, more than one or two
pronouncements in this area.
If the city wants to change benefits or benefit plans for future
employees or elective officials, that is an option available to
the city. The wisdom of adapting or not adopting such plans is
always a fair subject of debate. However, if the city "changes
horsas in the middle of the stream," so to speak, I am not
prepared to tell you, based on the research I have done to date,
that it can do that without exposing itself to claims against it,
which, based on the extent of my research, I believe, would be
resolved against the city and in favor of the claimant.
Respectfully submitted,
t,-,L"J
F ITNEt
Ci y Attorney
4