1993/01/26 City Council MinutesRohnert Park City Council Minutes
January 26, 1993
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 Comnerce
Boulevard, Rohnert Park, with Mayor Hollingsworth presiding.
CALL TO ORDER -Mayor Hollingsworth called the regular session to order at
approximately 6:35 p.m. and led the pledge of allegiance.
Mayor Hollingsworth advised that a closed session commenced this
evening at 6:00 p.m. to discuss litigation matters. He said no
action was taken and there was nothing to report at this time.
ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and
Mayor Hollingsworth
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter,
City Attorney Flitner, Assistant to the City Manager Leivo, Director
of Public Works /City Engineer Brust, Finance Director Harrow and
Director of Recreation Pekkain.
Approval Upon motion by Councilmember Spiro, seconded by Councilmember Reilly,
of the minutes of January 12, 1993 were approved with exceptions
Minutes as follows: two corrections by Councilmember Spiro wanting to use the
exact words as spoken 1) on page 3, end of first paragraph,
pertaining to Mr. Hallock's accusations, specify "bribery, extortion,
racketeering and forgery ", and 2) on page 16, second paragraph,
pertaining to Stadium options, comnents included that "the options
were not comparable because the costs for rehab were not included in
options 2 and 3 "; one correction by Vice Mayor Reilly on page 4,
changing Mayor Hollingsworth to Mayor Pro- Tempore Reilly; and one
correction by Councilmember Gallagher on page 11, 2nd paragraph from
the bottom, regarding her request for Planning Commissioner
resignation, include "for reasons pertaining to conflict of interest ".
Said minutes of January 12, 1993 were approved by the following vote:
AYES: (4) Councilmembers Eck, Gallagher, Spiro and
Vice Mayor Reilly
NOES: (0) None
ABSTAIN: (1) Mayor Hollingsworth (due to absence from meeting)
Upon motion by Councilmember Spiro, seconded by Councilman Eck, the
minutes of January 14, 1993, were unanimously approved as submitted.
Approval Councilm nt er Spiro referenced item No. 52038, page 2 of tonight's
of bills presented for approval to Caltex Equities in the amount of
Bills $144.00 and said she had no problem approving the bills per se, but
questioned Caltex Equities responsibility regarding an informational
sign that was to be erected following Council approval of said
business two years ago. She recommended holding payment of this check
until installation of the sign. Councilman Eck responded, as he
recalled, the sign was not a condition of Council approval. However,
he did not think it would hurt to remind them of the consideration.
Upon motion by Councilmember Reilly, seconded by Councilmember
Gallagher, the bills presented per the attached list in the
amount of $691,235.13 were unanimously approved.
Rohnert Park City Council Minutes (2) January 26, 1993
Non - agendaed Mayor Hollingsworth queried if any Councilmember had any non- agendaed
matters items to add to the agenda. Councilmembers Eck, Spiro and Reilly
indicated they had miscellaneous items to add.
Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The
Public Brown Act), anyone in the audience who wished to make a comment may do
Appearances 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.
Keith Hallock, 1500 Baumgardner, Santa Rosa, Ca., asked if the City of Rohnert Park
has an ethics committee to look into its code of ethics. He said he
would like to share the scenario that he found out about last Sunday
whereby it appears a City Councilmember was meeting with a developer
that does business with the City and has basically been to numerous
newspapers making derogatory remarks regarding people who do not agree
with their viewpoints. Councilman Eck commented that, as individual
Councilmembers, we have a right to call and talk to whomever we please
He recalled such individual Councilmember conversations with Mr.
Hallock regarding his affordable housing proposal to which W. Hallock
responded that he did not ask any Councilmember to lobby for him to
the local newspaper. He asked again if the City had an ethics
committee to look into these kinds of things.
City Attorney Flitner asked W. Hallock to submit what happened in
writing so he could review the specific matter. He said people have a
right to go to other businesses and ask questions. The City has a
Conflict of Interest code.
Councilman Eck said the code of ethics the Council lives under,
besides the Conflict of Interest code, is the Brown Act, Fair
Political Practices, and numerous legislations of both the federal and
state governments.
C O N S E N T C A L E N D A R
Mayor Hollingsworth queried if anyone had any questions regarding the
matters on the Consent Calendar which were explained in the City
Manager's Council Meeting Memo.
Councilmember Gallagher requested the removal of Resolution No. 93 -09
for discussion.
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 93 -07 AUTHORIZING AND APPROVING CODDING CENTER SPACE LEASE/RENIAL, SENIORS
CRAFTS SHOPPE (for space at 6800 Hunter Drive - Suite A)
Rohnert Park City Council Minutes (3) January 26, 1993
Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN
No. 93 -08 AMENDED PROTOTYPE MJNEY PURCHASE PLAN AND TRUST ADOPTION AGREEWNT
WITH ICM RETIREMENT CORPORATION
Authorizing contribution of 10 swim passes to Mbnte Vista PTA to be
used as prizes for SPELL- A -THON
Upon motion by Councilmember Reilly, seconded by Councilmember Spiro,
with the exception of Resolution No. 93 -09, the Consent Calendar as
outlined on the meeting's agenda was unanimously approved.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 93 -09 REQUESTING THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) TO PROVIDE A
THIRTY (30) YEAR FUNDING EXTENSION FOR allRENT SERVICE FUNDING PERIOD
FOR THE LOCAL MISCELLANEOUS P -BERS AND THE LOCAL SAFETY MEMEERS
Councilmember Gallagher said she did not understand the cost
difference related to this resolution.
City Manager Netter explained the resolution as reviewed in the
Council Meeting Memo. He said the new provision for the Miscellaneous
Member group allows for the extension of the unfunded liability period
to the year 2021, which currently ends at the year 2000. Mr. Netter
confirmed that this extension would not cost the City more, but the
pay off would just be amortized over a longer period of time.
Upon motion by Councilman Reilly, seconded by Councilmember Gallagher,
and unanimously approved, Resolution No. 93 -09 was adopted.
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT PARK
No. 571 MJNICIPAL CODE, SECTION 10.20.10 SPECIAL SPEED ZONES
City Manager Netter explained the ordinance as reviewed in the
Council Meeting Memo. This ordinance was introduced at the previous
Council meeting of January 12, 1993. The law does not require a
public hearing but, as previously requested by Council, time has been
allotted on tonight's agenda for public comment regarding the
establishment of this prima facia speed limit. Staff recommends
adoption of this ordinance.
Public Mayor Hollingsworth opened public comments at approximately 6:49 p.m.
Comments There being no one desiring to speak, Mayor Hollingsworth closed
public comments
Upon motion by Councilman Eck, seconded by Councilman Reilly, and
unanimously approved, reading of Ordinance No. 571 was waived and said
ordinance was adopted.
Mayor Hollingsworth asked the City Engineer to give an update on the
proposed Bodway Parkway extension to Valley House Drive pertaining to
previous commitment from Hewlett Packard regarding same. City
Engineer Brust confirmed that Hewlett Packard had been asked
previously to extend the referenced road when the residential
development of the area deemed it necessary, to which Hewlett Packard
agreed. Current transaction proposals by Hewlett Packard, working
Rohnert Park City Council Minutes (4) January 26, 1993
with a developer regarding a project in that area, are purportedly in
progress which would include conditions for the road extension. W.
Brust responded to Council inquiry that this transaction could take
place any time, possibly by this summer of 1993. City Manager Netter
said this item was scheduled for review under tonight's City Manager's
report. He said Hewlett Packard will most likely be selling the
referenced land in the near future and the Bodway Parkway extension
will be the requirement of the new buyer.
Discussion followed during which Council agreed the item establishing
a time line with Hewlett Packard for Bodway Parkway extension to
Valley House Drive should be placed on the next Council meeting agenda
since this would need to be an established condition for either
Hewlett Packard or the potential new buyer.
Janitorial contract - City facilities:
City Manager Netter explained complications involved with the
Janitorial contract for City facilities as reviewed in tonight's
Council Naeting Memo. He said copies were provided to Council of
staff report dated January 26, 1993 outlining extra time and material
costs during the Township Building Maintenance Contract period
(8/15/92 through 11/15/92). Mr. Netter said copies were also provided
to Council of two options to consider via resolutions as presented.
The first resolution for consideration, as listed on tonight's agenda,
authorizes a contract with the second lowest bidder, Quality Cleaning
Company of Rohnert; the second resolution for consideration ratifies
the retention of Environmental Dynamics to maintain the janitorial
contract service for the remainder of this fiscal year ending June
30, 1993 and authorize City Manager to seek competitive bids for
janitorial contract service for fiscal year 1993 -95. City Manager
recommended Option 1 - going with Quality Cleaning if they meet the
conditions as outlined in the Council Memo. City Manager Netter
responded to various Council questions regarding this matter. He
confirmed City Attorney Flitner indication that the City can consider
various options for such janitorial services because this is not a
public works contract and does not legally have to go out to bid.
W. Netter said Environmental Dynamics representative, -W. F-` ruli
was present at tonight's meeting to respond to Council questions,
if desired. W. Netter indicated he thought a representative from
Quality Cleaning would be available, but he did not see anyone in
the audience.
Jim Furuli, 1320 Comrerce Street, Petaluma, Ca., representative of Environmental
Dynamics, reviewed the complexities of janitorial services for the
numerous variety of City facilities and responded to various Council
questions regarding same. He pointed out the additional costs related
to start -up expenses of maintaining facilities compared to routine
maintenance thereafter. Mr. Furuli requested Council consideration to
retain Environmental Dynamics at least to the end of this fiscal year
in order to recover from such additional costs, including costs to
repair damages such as the major work required to redo certain floors.
Discussion followed during which Council reviewed options for
consideration regarding janitorial maintenance of City facilities.
To Council inquiry asking if the referenced bids have any kind of
binding power, City Attorney Flitner responded not usually over thirty
Rohnert Park City Council Minutes (5) January 26, 1993
(30) days. Councilmember Spiro said
the efforts of Environmental Dynamics
this interval. She said the City has
past for not taking lowest bidders, an(
have to go to the third lowest bid foz
should take the next lowest bid fro
Councilman Eck referred to review
maintenance of City facilities and
of retaining Environmental Dynamics
are sought.
she understood and appreciated
stepping in and helping during
been criticized openly in the
i did not think the City should
this janitorial contract, but
m Quality Cleaning Company.
if complications related to
said he preferred the stability
until such time as new bids
Resolution A RESOLUTION RATIFYING THE RETENTION OF A JANITORIAL MAINTENANCE
N0.93 -10 COMPACTOR FOR VARIOUS CITY FACILITIES
Upon motion by Councilman Eck, seconded by Councilmember Gallagher,
adoption of Resolution No. 93 -10 was approved by the following vote:
AYES: (3) Councilmembers Eck, Gallagher and Mayor Hollingsworth
NOES: (2) Councilmembers Reilly and Spiro
ABSENT: (0) None
Councilman Reilly said he could change his "no" vote to "aye" on this
motion to retain Environmental Dynamics, with removal of the extension
date to fiscal year ending June 30, 1993 and direction for the City to
go out to bid as soon a practical regarding this matter.
Upon above motion by Councilman Eck, seconded by Councilmember
Gallagher, to include amendment by Councilman Reilly for removal of
extension date from content of Resolution No. 93 -10 and include
authorization of City Manager to proceed to put a bid package together
to seek janitorial contract services as soon as practically possible,
said resolution was adopted by the following vote:
AYES: (4) Councilmembers Eck, Gallagher, Reilly and
Mayor Hollingsworth
NOES: (1) Councilmember Spiro
ABSENT: (0) None
Nbnte Vista School request for stop sign at Mattice and Mitchell:
City Manager Netter referenced copies provided to Council of letter
dated January 6, 1992 from Nbnte Vista School requesting installation
of a stop sign at Mattice and Mitchell. He shared comments as
reviewed in the Council Meeting Memo referencing copies also provided
to Council of previous comYunications regarding this matter including
letter dated November 17, 1992 directed to Nbnte Vista Elementary
School from Director of Public Works /City Engineer Brust recommnding
against a stop sign at this location. Along with other staff
recommndations, as reviewed in the Council Meeting Memo, and because
of so many stop sign requests, City Manager has requested City
Engineer Brust to consider establishing a formal criteria for
approving or disapproving stop signs which would include accident
counts, traffic volume flows, etc. Staff continues to recommend
against a stop sign at this location.
Rohnert Park City Council Minutes (6) January 26, 1993
Discussion followed during which Director of Public Works /City
Engineer Brust responded to various Council questions regarding this
matter. He confirmed Caltrans does have standards for the placement
of stop signs, but those standards are rather difficult to interpret,
and involves determination of certain volumes of traffic during peak
hours. To qualify for placement of stop signs via Caltrans standards,
an intersection has to be fairly heavily traversed. Technically, the
requests for stop signs in Rohnert Park are not warranted and are
basically requested for speeding reasons. Essentially 90% of the stop
signs here in Rohnert Park do not qualify for placement by Caltrans
standards. City Engineer Brust responded to further Council inquiry
that he has recommended that schools invest in roll -out stop signs to
be placed at intersections when needed, rather than install
unnecessary stop signs 24 hours a day.
Lois Hayman, 1318 Megan Place, Office Manager at Monte Vista Elementary School, said
reception of tonight's Council meeting agenda had not allowed
sufficient time to notify parents who wanted to participate in this
agenda item. She requested this item be deferred to the next Council
agenda as she would like to have time to place this item in the school
newsletter in order to give adequate notice to parents interested in
the placement of a full stop sign at this location.
A motion was made by Councilman Eck, seconded by Councilmember Spiro,
and unanimously approved, to defer this stop sign request item to the
next Council agenda on February 9, 1993.
Sonoma County Convention and Visitors Bureau:
City Manager Netter said representatives of the Sonoma County
Convention and Visitors Bureau ( SCCVB) requested continuation of the
Council Committee report scheduled on the January 12, 1993 Council
meeting agenda because they were not aware that said meeting was
adjourned to January 14, 1993 due to the electrical outage at the
January 12th meeting. Mr. Netter said copies were provided to Council
of FAX item dated January 19, 1993 regarding Sonoma County Convention
& Visitors Bureau Parity Concept as reviewed in the Council Meeting
Memo. He said SCCVB representatives were present at tonight's Council
meeting to review the new parity formula and respond to Council
rni st.ions regarding same. Councilman Eck had also indicated the
,y�..�___ 7.- �_7
desire to look at the parity formula more thoroughly.
Mayor Hollingsworth said the SCCVB Council Committee, comprised of
himself and Councilmember Spiro, advised at the previous January 14,
1993 adjourned Council meeting that what the Bureau is attempting to
do is very commendable, but until Council sees what the State budget
allows, Council cannot commit to further funding requests.
Kirk Lok, President of Sonoma County Convention & Visitors Bureau, expressed
appreciation for further review of this matter. He shared concerns
related to the complexity of funding problems. He said they have
worked closely with the City of Rohnert Park and looked forward to
continuing that relationship in the future. Mr. Lok referenced the
importance of the opening of the new Wine Center in Rohnert Park in
the near future and said they also looked forward to being part of
that. He said the business community in Sonoma County has grown by
Rohnert Park City Council Minutes (7) January 26, 1993
leaps and bounds and they would like to consider being an important
part of that growth when looking at the TOT taxes. Mr. Lok said he
believed the growth of TOT taxes exceeds 238% of what it was in 1984
and they would like to see that growth continue. He said the Bureau
has worked very diligently with all the people that benefit from their
efforts and the parity formula concept gives an opportunity to fund on
a fair share basis.
Discussion followed during which Mr. Lok responded to various Council
questions pertaining to reception of other cities in the County to
parity formula concept. Mr. Lok confirmed the City of Santa Rosa has
funded its Chamber of Commerce for the promotion of its city's own
convention program. He said the other cities in the County have
basically reviewed the parity concept with interest and, like Rohnert
Park, have set aside funds for the types of investments that are very
important for critical budgets. Mr. Lok said one of the reasons for
asking for a lower funding formula is that some of the things would
not have to be done by the Bureau, such as information and referral
that would be handled by Santa Rosa's Chamber of Commerce.
Councilmember Gallagher responded that she knew the Rohnert Park
Chamber of Commerce was not capable of handling such a program as
described for the Santa Rosa Chamber because it cannot really do such
an outreach. The Rohnert Park Chamber is structured to serve the
local area.
Mayor Hollingsworth said there is no duplication of the Bureau's
efforts, either national or international. The problem related to a
funding commitment is that it looks like Rohnert Park is going to take
about a half million dollar hit from the State budget and we have no
idea what that is going to do with the City's current budget.
The Mayor said, even though his own personal feeling was that we would
like to support the Bureau, Council cannot make a financial commitment
until after the budget is finalized.
Larry Simmons, Past President of Sonoma County Convention & Visitors Bureau,
reviewed the dilemma related to many of their funding agencies waiting
to see what the other one will do. He said he had been to many
meetings including County Board of Supervisors, Cities of Rohnert
Park, Petaluma, Healdsburg, etc. and everyone is having the same kind
of problems. Mr. Simmons reviewed Santa Rosa's need to protect its
tax base with the development of its own convention program which has
taken up some of the responsibility the Bureau once had; the Bureau's
weakened condition and concern regarding whether it would even be
able to exist resulting in the need to reformulate down a sizable
amount to $900,000 and still be able to provide what the Bureau thinks
the cities' and county's needs are to be represented on a national and
world basis. Mr. Simmons expressed concern that if the Bureau does
not get the needed funding, it will not be able to assist in TOT Tax
production. He said another very instrumental thing to consider is
the millions and millions of dollars worth of ads in such magazines as
Town and Country, Gourmet Cooking, etc. that the Bureau has obtained
free, both here and in Europe. Without a vehicle to present Sonoma
County to the outside world, the occupancy tax will be greatly
affected. The Bureau is in a very tenuous situation and understands
the budget constraints, but the agencies each want to know whether the
others support the organization and, if that support is not given, the
Bureau will not exist.
Rohnert Park City Council Minutes (8) January 26, 1993
Further discussion followed during which Mayor Hollingsworth said he
would support a motion from the Council to support the Bureau and its
parity formula in concept. City Manager Netter confirmed thorough
review of the current parity formula and said it is probably the
fairest formula that has been presented, compared to previous formulas
that former Council Committees could not accept, since it is based on
the number of convention rooms available in each area.
A motion was made by Councilman Reilly, seconded by Councilmember
Gallagher, and unanimously approved, to support the parity formula of
the Sonoma County Convention & Visitors Bureau in concept and practice
as presented tonight, fully support said Bureau and, pending the
City's budget review and impacts from the State, would consider
making a pledge according to the referenced parity formula and
participation from other agencies.
Councilman Eck said he agreed a lot of progress had been made on the
above - referenced parity formula. He referred to the City's
contribution to the Wine Center in the annual amount of $120,000 and
said Council should be receiving some kind of work plan regarding
promotional efforts of the Wine Center.
RECESS Mayor Hollingsworth declared a recess at approximately 7:37 p.m.
RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately
7:46 p.m. with all Councilmembers present.
Citizen Report of Crime:
City Manager Netter said copies
document with various attachments
regarding proposed change in pc
citizens to report crimes. Mr.
reviewed in the Council Naeting N
questions regarding same.
were provided to Council of draft
from the Department of Public Safety
licy which outlines procedures for
Netter shared contents therein as
femo and responded to various Council
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved, to implement the change in policy as
outlined by the Department of Public Safety regarding procedures for
citizens to report crimes with direction to report back to Council in
six (6) months regarding effectiveness of same.
Six Month Financial Review:
Finance Director Harrow referenced copies provided to Council of his
staff report dated January 15, 1993 regarding 6 Nbnth Review of Actual
Revenues and Expenditures to Budget. He shared highlights of contents
therein as reviewed in the Council Meeting Memo confirming receipt of
approximately 51.98% of budget revenues from the General Fund and
Utility Fund combined and expenditures of approximately 48.59% of the
approved General Fund budget and 47.52% of the combined General Fund
and Utility fund budget. Mr. Harrow pointed out that interest
earnings for the City are 68% of budget due to two things;
specifically, the City joined the County of Sonoma's investment pool
which is still earning approximately a 7% return on the investment
which is 2.4% higher than the best rate currently available and is
very favorable for the City; and because of several innovative
programs instituted this past year, including the tax and revenue
anticipation notes (7RANs) which should make $140,000 profit which is
also very encouraging. Mr. Harrow said it should be noted, however,
that the City budget is using a lot of its reserves.
Rohnert Park City Council Minutes (9) January 26, 1993
City Manager Netter referenced copies provided to Council of six month
operations report on the Performing Arts Center and shared contents
therein as reviewed in the Council Meeting Memo. He said it was
noteworthy to report on the downsizing of the Performing Arts Center
in that the revenues are over expectations by approximately $30,000
and expenditures are slightly over budget by approximately the same
amount. In comparison to the previous year, revenues are within
$10,000 of each other, whereas expenditures have been reduced by
approximately $100,000.
Discussion followed during which City Manager Netter, Finance Director
Harrow, and Director of Public Works /City Engineer Brust responded to
various Council questions pertaining to contents of the referenced
six month financial report.
Parks and Recreation Department - Proposed recreation brochure:
City Manager Netter said copies were provided to Council of staff
report dated January 8, 1993 from Recreation Director Pekkain
regarding Printing of Activity Guide. He shared contents therein as
reviewed in the Council Meeting Memo pertaining to the Parks and
Recreation Department proposal to produce its own Recreation
Activities Guide. For the past several years, the Clarion has printed
this Activities Guide at no cost to the City via selling ads to help
offset costs. Due to the recent closing of the Clarion, this will no
longer be possible. Mr. Netter responded to various Council questions
regarding this matter.
Discussion followed during which Council concerns were expressed
pertaining to City staff soliciting ads from local businesses.
Council expressed preference to seeking other solutions for producing
the Recreation Activities Guide, such as, the way ads were done for
the Performing Arts Center, someone else might want to contract the
project via minimal expense to the City or by selling ads to cover
costs, or maybe the new newspaper would be interested in the project
similar to the former Clarion procedure. City Manager Netter
responded that the next issue has to be completed by the first week of
this March in order for the community to be informed of the upcoming
recreational season. He did not think it was prudent to wait and see
if any of the above - reviewed possibilities could get on line for this
season's timeframe and, therefore, recommended proceeding with staff
proposal for this season.
A motion was made by Mayor Hollingsworth, seconded by Councilman Eck,
and unanimously approved, to proceed with staff proposal for the
production of the Recreation Activities Guide for the upcoming season,
in the most cost effective manner, including checking with the new
local paper to proceed as the Clarion did.
Cable TV matters - Franchise Agreement - Live broadcast provisions:
City Manager Netter explained that a question was raised at the
previous City Council meeting regarding live television broadcast
provisions in the City Council Chambers. He shared contents of copies
provided to Council of page C -2 of the current franchise agreement, as
reviewed in the Council Meeting Memo, and said these conditions
were originally established for the proposed new City Hall site.
Mr. Netter responded to various Council questions regarding this
matter confirming this was a 15 year franchise agreement with the
Rohnert Park City Council Minutes (10) January 26, 1993
first two years ending in a couple of months. He said comnmications
about a month ago with Dr. Buster, Superintendent of the Rohnert Park -
Cotati School District, revealed that the idea of a facility
partnership with the City has not been totally eliminated. A joint
meeting will be scheduled in the near future for further discussion on
this matter. City Manager Netter recomrended tabling this issue until
Council decides to bring it back for further review. Council agreed.
In response to further Council inquiries regarding additional cable TV
matters, City Manager Netter responded that he would direct staff to
check with MultiVision on the tedious procedure and length of
telephone response times, and inquire about the universal tier
regarding paid channels and possibilities to obtain choices without
going to the next level of expense in order to qualify for other
options. Mayor Hollingsworth said having no local control over such
cable TV matters continues to be a frustrating problem. Councilmember
Spiro said perhaps there could be some benefit to review and revise
the franchise agreement.
Commission /Committee /Board appointments:
City Manager Netter said copies were provided to Council of various
items pertaining to Commission /Committee /Board appointments
including: City Officials List dated February 1992; Bicycle Advisory
Committee membership list dated January 7, 1993; City Attorney
N- morandum dated January 21, 1993; and ordinance and resolution for
Council consideration with necessary modifications by City Attorney
Flitner that would bring all appointments into synchronization with
Councilmember terms, with the only possible exception being that of
the Rent Appeals Board which is by initiative. City Manager Netter
and City Attorney Flitner responded to various Council questions
regarding content of above - referenced, items as reviewed in the
Council Meeting Memo. Discussion followed.
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 2.24
No. 572 (CULTURAL ARTS COMMISSION; CHAPTER 2.32 (PARKS AND RECREATION
COMMISSION); AND CHAPTER 17.60 (PLANNING COMMISSION) OF THE ROHNERT
PARK "ICIPAL CODE TO PROVIDE FOR THE TERMS OF OFFICE OF APPOINTIVE
MSMEERS OF THE CULTURAL ARTS COMMIISSION, THE RECREATION AND PARKS
COMMISSION AND THE PLANNING COMMISSION TO COINCIDE WITH THE TERMS OF
THE COUNCILPERSON NOMIINATING THEM FOR APPOIMMU
Upon motion by Councilman Eck, seconded by Councilman Reilly, and
unanimously approved, reading of Ordinance No. 572 was waived and said
ordinance was introduced.
City Manager Netter said this ordinance would be scheduled for public
hearing at the next Council Meeting on February 9, 1993 prior to
Council consideration for adoption of same.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK OUTLINING
No. 93-11 A POLICY FOR MAKING APPOINTMENTS TO CITY BOARDS, COMMISSIONS,
COMMITTEES OR OTHER GROUPS CREATED BY THE COUNCIL
Upon motion by Councilmember Spiro, seconded by Councilman Eck, and
unanimously approved, reading of Resolution No. 93 -11 was waived and
said resolution was adopted.
Rohnert Park City Council Minutes (11) January 26, 1993
Discussion followed during which Councilmember Gallagher said she
originally brought this matter to Council's attention for further
review and consideration. Ms. Gallagher said, as an elected official,
she assumed she had a Planning Commission appointment to make and was
surprised to find the consistency of Commission appointments were not
synchronized with Councilmember terms. She said when she had
previously expressed interest in being a Planning Commissioner she was
told that being a real estate agent would not look good on the
Planning Commission. Councilmember Gallagher said when she realized
the discrepancies in the person on the Planning Commission that should
be her nominee for the appointment, she had a problem with that person
who voted for a project and within a few months received $10,000
resulting from the project.
A motion was made by Councilmember Gallagher, seconded by Councilman
Reilly for discussion, to remove Mike Mullins from the Planning
Commission.
Public Comments - Mayor Hollingsworth consented to public comments at this time
regarding this matter.
Jim Redding, 450 Horn Avenue, Santa Rosa, said after 26 years of living in what he
refers to as unincorporated Rohnert Park, he still considers himself a
citizen of this area. He said Council should certainly know his
biases and background related to the desire to build the general
westerly area behind the creek. W. Redding said he was here tonight
to speak on behalf of retain Mike M.illins as Planning Commissioner and
did not thing Council should ask him to terminate an original
appointment. W. Mtllins has brought a rather unique asset to the
Planning Commission in that he has been a general contractor for the
past 8 to 10 years. It is known that he contrasts with commissioners
like Vida Jones, but the Commission should need people like that. W.
Redding said he has seen W. NUIlins call developers on the carpet
numerous times on particular ways and systems to do things more
economically. W. Redding said he thought this was a rather unique
skill of W. Mullins, from his general contractor background, that has
been brought to the Commission beneficially. If W. Mullins is to be
faulted for anything, perhaps it is in being too frank. He does not
"pussy foot" around an issue. For example, if he sees the color
brown, he does not call it beige or taupe. Speaking as a person who
has been doing development here for over twenty years, and in
observing that W. Mullins has probably attended more City meetings
than anyone here with the exception, perhaps, of City Attorney
Flitner, W. Redding said W. Mullins has never approached him for
any business whatsoever and he has never had any business from
W. Mullins.
Chip Worthington, 8080 Mitchell Drive, referenced copies provided to Council of five
questions he presented, and would like answered during tonight's
discussion about the controversy regarding Commissioner M.111ins. Chip
Worthington shared the questions as follows: 1) Has Commissioner
Mullins broken any laws in this conflict of interest situation?
2) If so, what are they, and what does our City Council recommend?
3) If he has not, is the City of Rohnert Park legally liable for the
accusation of a conflict of interest, if it is not true? 4) If a
person serves his community as a volunteer commissioner, on any city
commission, do we have a policy of showing some kind of appreciation
for their service? 5) How have commissioners been nominated in the
last 20 years? Has the policy changed recently?
Rohnert Park City Council Minutes (12) January 26, 1993
Discussion followed during which City Attorney Flitner responded to
the above questions as well as to various Council comments and
questions regarding this matter. City Attorney Flitner reviewed the
definition of "conflict of interest" under the Brown Act relating to
anticipation or expectation of financial gain. Mr. Flitner said he
did not think there could automatically be a conflict of interest
because a project, subsequently approved by a particular person,
turned out to be profitable in some way. He said a blanket statement
could not be made without hearing both sides of any situation. City
Attorney Flitner responded to further inquiry from Councilmember
Gallagher and said gain certainly sounds contractual, but the question
is, "Did Mr. Mullins have an expectation of gain by virtue of
decisions made as a Planning Commissioner ?"
Further discussion followed during which Councilman Reilly commented
that the answer to the above question might never be known and he was
hoping that this situation would not become a trial,but in essence, it
has become one because of the procedure requiring each Councilmember
to vote the motion as presented. Mayor Hollingsworth agreed and said
there is a conflict of interest procedure to follow. If anyone has a
feeling that something is being done wrong, then they should report it
to the Fair Political Practices Board. Discussion continued.
Chip Worthington, 8080 Mitchell Drive, said the reason he asked the above questions,
since he was not aware of due process in this type of situation, was
because it seemed to him that when a man has served in the connunity
for so many years and, in essence, a person is saying he stole
$10,000; all the people will remember is what is said in the papers.
Chip Worthington said that all he was saying was there should be some
form of due process. He said his concern is that Council does not do
something that would take away 20 years of service from a person. He
did hope more research would be done, especially if the City Attorney
cannot say definitely that there has been a conflict of interest.
This situation is dealing with shades of gray and with a person
serving on a voluntary committee. Due process should be clearly
spelled out before making decisions.
Councilman Eck responded that there is a fine line between quoting
what it is that was said "for the record" and bringing up opinions
from "so and so said .... etc. ". However, it seems the motion is clear
as to whether or not this Council is going to retain the services of
this person as a Planning Commissioner. Councilman Eck said he was
not sure he liked how this was handled or actually what was the
intent, but said he has monitored the Planning Commission Minutes
regularly over the years and paid particular attention to Mike Mullins
because he knew him and was aware of precautions that would be
necessary because of Mr. Mullins being a general contractor. The
Planning Commission minutes do reflect that he asked the City
Attorney's advice on items that might be considered "conflict of
interest" and Mr. Mullins stepped down from voting whenever he was
advised to do so. This seemed consistent throughout the record. He
serves the pleasure of the Council and we do not have to make
findings otherwise.
Rohnert Park City Council Minutes (13) January 26, 1993
Councilmember Gallagher said it is the citizens who are getting left
out. We do not have to give a reason for making a request. Citizens
are assuming City Council to be leaders tonight. Ms. Gallagher said
she was, therefore, asking Council to honor the fact that she had made
this request tonight and respect her request.
Councilmember Spiro agreed the citizens want leaders. Leaders may not
necessarily agree with particular philosophies of each other. When,
in fact, Mike Mullins was appointed by a majority of a previous
Council, that should be honored. Ms. Spiro said she thought it was
deplorable when someone has been attacked in this way and agreed with
the above comments of Chip Worthington. A person can get sued for
these types of accusations and from Council's standpoint, it is not
being very prudent to allow this to take place if not provable and not
factual. One person cannot put the whole City in jeopardy because of
certain opinions or feelings. Councilmenier Spiro said she did not
think Mike Mullins has done anything wrong and thought an injustice
has been done to him by this approach of asking for his resignation.
Councilmember Gallagher said she would like Council to think over her
motion to remove Mr. Mullins from the Planning Commission. She asked
if appearances were not also an important factor in public leadership
and said she had recently talked to the City Attorney regarding
procedures to remove a person from a Commission and felt the reasons
were justified. Councilmember Gallagher said she would list the
numerous discrepancies and reasons at this time.
City Attorney Flitner said he would like to interrupt at this point
and explained that he agreed there are procedures a Council can follow
for the removal of an individual from a Commission, whether it be Mike
Mullins' term or any other person's term. But in fairness to any
individual, you have to show some cause and there would have to be a
majority vote of a Council, or three votes in the case of this
Council, for such a removal.
Mayor Hollingsworth said he was trying very hard to keep from getting
angry. There seems to be a cancer that has crept into our comninity
with finger- pointing and accusation behind the scenes. There are
proper procedures to follow through the Brown Act, Fair Political
Practices, etc. Every person in the position of a public appointment
has to fill out financial statements, tell where we work and what we
do for a living. Mr. Mullins laid that out, bared his soul on a piece
of paper and followed the law. The very thing that we voted for him
to do, is what he has done. It is the American way of life. Shame on
us if we point fingers now and remove a Commissioner for the very
things that have been required of that person. If this Council takes
that kind of action, it is appalling. Just because one person reads
one thing on a piece of paper, and because someone disagrees with
certain ways of another, it is apprehensible. It is like throwing
feathers up in the air and blowing them away. W. Mullins cannot
recover from what has been said tonight. We have impugned the man
without a fair hearing. That is absolutely wrong. Shame on us. None
of this needed to come out. If a Councilmember feels there is an
accusation to make, send it to the Fair Political Practices and follow
due process. Mayor Hollingsworth said he was very disappointed with
this situation.
Rohnert Park City Council Minutes (14) January 26, 1993
Councilmember Reilly said he wanted to make a statement regarding this
matter. He said he did not think this Council had ever allowed the
Council to vote on this matter. We were headed in this direction when
Councilmember Gallagher wanted to nominate her own person to fill that
seat. The direction she received at that time was that the policy
would have to be changed. This whole thing has steam rolled from
there and we have gone ahead with passing an ordinance and a
resolution for a policy change to synchronize terms. The fact that we
were here was because we were not allowed to vote on the original
concern. If there is evidence of wrong doing, something should be
done. Councilmember Reilly said he thought it was clear what one
Councilmember wants to do, and he would like to go with the motion
as presented.
Councilman Eck said he disagreed a little bit because this has been
placed in the Press. From a philosophical ideology, he would like to
go ahead and jump at the opportunity to dismiss Mike Mullins, as he
has often joked about with W. M.illins in the past, because of their
strong differing opinions. Nbst of the people running against the
"good old boys" felt the need to work on certain favors people seemed
to be getting and now, maybe a new Council sees a new majority.
However, in asking City Attorney Flitner about such possibilities
regarding this Commissioner, he cannot give an instance where that was
true. Councilman Eck said it seems we would be guilty of what he had
been complaining about over the years regarding the three -vote
control. What this Council should do is be fair. But under the
circucrostances, the Council unanimously appointed Mike Mull ins to the
Planning Commission. Councilman Eck said if he suddenly started using
the three -vote approach for issues related to his own particular
interests, he would be guilty of the very thing he has resisted. He
said Councilmember Gallagher criticized the leadership, but it seemed
to him, right now, that the community needs stability. He said he
would like to see us heal and do some things in a positive manner. To
dismiss Commissioner Mullins under these circumstances and at this
time, would not be a positive approach. Therefore, he was not going
to vote to take that action because the next time it will only be
somebody else in a little different situation. When a new, Council
comes in, it will promptly abandon these procedures established
tonight. Now, at least, there is a working model that synchronizes
appointments with Council terms.
Councilmember Gallagher said she would like to change her previous
motion and ask the Council to vote for the removal of W. M.illins from
the Planning Commission, in the interest of fairness only, in order
for more consistency with the newly established policy for making
appointments, and in order that she not be the only person out of
synchronization with the Planning Commission appointee.
Councilman Reilly seconded the motion for discussion. He said the
reason he was voting in favor of this motion was because the action is
better than letting the matter proceed into further accusations. He
thought it would be the least damaging to the City of Rohnert Park if
W. M,illins would step down, as it is not necessary to fight this way,
and everybody would be happy. W. M,illins could step down now,
rather than go to the end of the year, to enable consistency with the
new policy.
Rohnert Park City Council Minutes (15) January 26, 1993
Councilman Eck said Councilman Reilly may be right that it may be in
Mike Mullins' best interest to step down, but Councilman Eck
questioned if his dismissal from the Planning Commission was in the
best interest of the newly established policy and procedures.
Councilman Eck pointed out that it was almost eleven years before he
had the opportunity to make a nomination to an opening on a
Comnission in the procedure that existed prior to tonight's change in
policy. He said he could not vote in favor of dismissing W. Mullins.
Councilmember Gallagher said, if Council does not vote in favor of
this dismissal, the only other route she would have to take would be
to prove detrimental factors. She said she had preferred not to use
her time in this manner but it would be necessary to do so if her
motion fails to be effective for this dismissal.
Mayor Hollingsworth said Councilmember Gallagher has the right to do
that and he respected that right.
The above motion by Councilmember Gallagher, seconded by Councilman
Reilly, to dismiss Mike Mullins from the Planning Commission,
failed by the following roll call vote:
AYES: (2) Councilmembers Gallagher and Reilly
NOES: (3) Councilmembers Eck, Spiro and Mayor Hollingsworth
ABSENT: (0) None
Appointments to fill terms expired on December 31, 1992 were made as follows:
1) PARKS AND RECREATION COMMISSION
Upon motion by Councilmember Gallagher, seconded by Councilman Eck,
and unanimously approved, Jerry Griffin was appointed to the Parks and
Recreation Commission (to replace Armando Flores) for term to expire
December 31, 1994.
2) CULTURAL ARTS COMMISSION
Upon motion by Councilmember Gallagher, seconded by Councilman. Reilly,
and unanimously approved, Lavonne Bain was re- appointed to the
Cultural Arts Commission for term to expire December 31, 1996.
3) SENIOR CITIZENS ADVISORY COMMISSION
Upon motion by Councilmember Gallagher, seconded by Councilman Reilly,
and unanimously approved, Florence Jennis was re- appointed to the
Senior Citizens Advisory Commission for term to expire December
31, 1994.
4) BICYCLE COMMITTEE
Consistent with new policy approved tonight via Resolution No. 93 -11,
Council concurred to Bicycle Committee appointments as follows:
Councilmember Spiro assignment Linda Diane DeBolt with term to expire
December 31, 1996;
Mayor Hollingsworth assignment John W. "Jake" Mackenzie with term to
expire December 31, 1994;
Rohnert Park City Council Minutes (16) January 26, 1993
Councilman. Eck assignment Rick Luttmann with term to expire December
31, 1996;
Vice Mayor Reilly assignment Andrew L. Hutchins with term to expire
December 31, 1994;
Councilmember Gallagher assignment Gregory R. Conklin with term to
expire December 31, 1996;
Sixth Bicycle Committee Member George A. Luiz appointed at large with
term to expire December 31, 1994.
Linda Branscomb resignation from Sonoma County Paratransit Coordination Council:
Linda Branscomb, 21 Anne, referenced copies provided to Council of her
letter dated January 18, 1993 regarding her resignation from the
Sonoma County Paratransit Coordination Council due to her changing
work schedule. She expressed appreciation for the opportunity she had
of being Rohnert Park's representative on this Council.
Housing Task Force:
Linda Branscomb, Housing Task Force Nbmber, distributed copies to
Council of her letter dated January 24, 1993, with attached flow
chart, pertaining to the Human Services needs of the City (copy
attached to original set of these minutes). She shared contents
therein regarding the recommendation of the Housing Task Force, which
is soon to sunset, to create a new committee named Housing and Human
Services Commission. Ms. Branscomb responded to various Council
questions regarding same.
Discussion followed during which Council compared above recommendation
with current efforts of COYF (Community Outreach for Youth and
Families) with suggestion to possibly restructure COYF to include
recommendations of the Housing Task Force. Mayor Hollingsworth
suggested the Housing Task Force meet with COYF Council Committee
comprised of himself and Councilmm ber Spiro to review the matter
further. City Manager Netter recommended sunsetting the Housing Task
Force since its mission has been completed and the new recommendations
have nothing further to do with the former efforts of the Housing Task
Force. Further comments reviewed the logic of whether or not to
discontinue the Housing Task Force at this time with Council
conclusion that no further action or coverage of meetings would be
required of staff to delay same until after further review of
tonight's recommendations.
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved, not to sunset the Housing Task Force until
Council sunsets it at a later date following Council subcommittee
review of recommendations, but that it would not be necessary to hold
regular meetings or expend any staff time.
Rohnert Park City Council Minutes (17) January 26, 1993
FAIRE letter request to form an Animal Shelter Committee:
Mayor Hollingsworth referenced copies provided to Council of letter
dated January 4, 1993 from FAIRE (Friends of the Animals In the
Redwood Enpire) and reviewed contents regarding request for an Animal
Shelter Council Committee to meet periodically with FAIRE to review
efforts on behalf of Rohnert Park animals. The Mayor acknowledged the
presence of Holly Blue, President of FAIRE, and said he thought they
were doing a wonderful job. He suggested meeting with FAIRE
representatives as liaison rather than pursuing the complexities of
forming another committee.
Holly Blue confirmed a Council liaison person was also FAIRE's
preference. She announced that FAIRE has scheduled a rummage sale at
the Burton Avenue Recreation Center on Saturday, March 27th, 1993.
Rohnert Park ConTfunity Stadium:
City Manager Netter said this Rohnert Park Stadium item was a
continuation from the previous Council meeting when three options for
use of the Stadium were sumrarized. He referenced copies provided to
Council of additional information on projected revenues for Rohnert
Park for 1993 -95 regarding the soccer proposal. Mr. Netter shared
comments as reviewed in the Council Meeting Memo pertaining to Walt
Guanella's indication that a key factor in proceeding with Guanella
Bros. Softball team would be the interest of a particular pitcher.
Recent communications with Walt Guanella confirmed that the referenced
pitcher has been offered a job with another team and would probably
not be available as a future pitcher for the Guanella Bros. team. He
requested City Council consider a one year leave of absence, with the
obvious understanding that it would be necessary to waive their rights
related to converting the field to a soccer field. This request was
being made in the event that the soccer proposal does not develop to
its expectations. Mr. Netter confirmed to Council inquiry that staff
considered Option 2 to be the best and highest use of the Stadium
(Stadium to be converted to a multi -use facility consisting of the
existing softball field and the addition of a regulation soccer field
in the outfield.) City Manager Netter and Director of Recreation
Pekkain responded to numerous Council questions regarding this matter.
Mayor Hollingsworth consented to request for public comment at
this time.
Mike Zaccagna, 121 Pamplona Court, reviewed numerous reasons proposing Council
consideration to change the Rohnert Park Stadium back to its former
state as a hardball facility. (Option 3 included in proposals for the
Stadium at the previous Council meeting.) Reasons included increased
City revenues; donations to the baseball league; use of local hotels,
restaurants, car rentals, etc.; restoration of Stadium landscaping
subject to terms in agreement performance policy; and reduction of
Stadium conversion costs to the City. Mr. Zaccagna responded to
various Council questions confirming that the Redwood Enpire Baseball
League in now comprised of twelve teams located in areas from Novato
up through Windsor. Approximately 25% of the local league are
currently Rohnert Park - Cotati residents and efforts are being made to
maintain that ratio.
Rohnert Park City Council Minutes (18) January 26, 1993
Discussion followed during which Councilman Eck commented that he
remembered quite a few years when the City tried to get a soccer field
in that area. In looking at the variety of groups and services
involved in Option 2 to convert the Stadium to a multi -use facility
including the soccer field, Councilman Eck said he agreed with the
Mayor's comments for the need of highest and best use, which would
seem to be Option 2 as reviewed.
Leon motion by Councilman Eck, seconded by Councilman Reilly, Option 2
was unanimously approved as presented by staff to convert the stadium
to a multi -use facility consisting of existing softball field and the
addition of a regulation soccer field in the outfield and including
direction for staff to work with designated soccer representatives to
prepare a soccer contract for Council's review.
P. G. & E. request to remove trees in the Southwest Blvd. island:
City Manager Netter referenced staff report dated January 6, 1993 and
shared comments as reviewed in the Council Meeting Memo pertaining to
PG&E's request to remove the fast - growing Eucalyptus trees under power
lines in the Southwest Boulevard center island from the "C" Park
driveway to Avenida Cala. Mr. Netter responded to Council questions
and confirmed staff recommends PG &E be allowed to remove the
Eucalyptus trees and replant Crepe Myrtle trees as requested. City
Manager Netter said David LaFever, Representative for PG &E was
available at tonight's meeting to respond to further Council
questions, if desired.
Bingo matters:
Upon motion by Councilman Eck, seconded by Councilman Reilly, removal
of the above - reviewed Eucalyptus trees by PG &E as requested was
unanimously approved with the condition that the replacement Crepe
Myrtle trees be a minimum 24" box size.
City Manager Netter updated Council on results of recent Bingo Council
Committee meeting held on Nbnday, January 25, 1993 to discuss PAL's
parking lot situation and decision to relocate its facility and bingo
operations. The Council Committee also discussed items as outlined in
various audits and other memos previously provided to Council. Per
Council Committee direction, staff is attempting to review costs
related to regulating bingo and provide proper audits per mandates,
and to recoup those costs incurred.
Discussion followed during which City Manager Netter and Council
Committee Member Eck responded to various Council questions relating
to these bingo matters. City Manager confirmed PAL has a reasonable
argument regarding gross receipts on pull tabs relating to use of net
figure versus gross. Council Committee Member Eck said it is not the
intent of charges by the City to more than cover bingo regulating and
auditing costs. Mayor Hollingsworth said he thought the City should
be fair regarding this matter pertaining to gross or net bingo
receipts, especially if this organization is returning 90% of its
receipts back into the public. Further comments included the
continued need to resolve the parking issue whether or not PAL retains
Rohnert Park City Council Minutes (19) January 26, 1993
or sells the property, with consideration of some kind of partnership
with PAL regarding improvements or possibly allow use of some of the
spaces at the Public Safety facility. Council concurred for staff to
review this bingo matter further, especially relating to charges via
gross or net receipts and charges not to exceed covering costs of
audits, and present recommendations regarding same for Council's
review at a later date.
Communications- Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
Councilmember Spiro referenced item No. 20 from County of Santa Cruz
regarding proposed North American Free Trade Agreement and recommended
letter over the Mayor's signature supporting same. Discussion
followed during which Councilmember Eck signified disagreement with
this approach and Councilmember Gallagher said she already
individually wrote a letter with her response to the issue. Mayor
Hollingsworth said he would not respond with a letter over his
signature without full concurrence of Council and, therefore,
recommended individual responses as desired from Councilmembers.
City Manager Netter referenced item No. 16 from MultiVision regarding
rate adjustments effective April 1, 1993. Discussion followed during
which Councilman Reilly pointed out that the low income people are
getting the biggest hike. Reference was made to the franchise
agreement with M.iltiVision with acknowledgment that there is no local
authority for these rates, but recommended comiAnicating this concern
to MiltiVision.
Councilmember Gallagher referenced the disability accommodations on
the Council agenda requesting notice 72 hours prior to a meeting and
said, with reception of Council packets on Friday prior to a meeting,
this does not allow adequate time for the disabled to meet that
requirement. City Manager responded that efforts are made to
distribute Council meeting packets on Thursday prior to meetings, but
with the recent holidays, distribution of the packets ran a day later.
City Manager's Report:
1) Hewlett Packard residential lands - City Manager Netter said staff
met with representatives from Hewlett Packard regarding the proposed
sale of Hewlett Packard residential lands. He shared comments of
various items reviewed at said meeting. City Manager Netter and
Director of Public Works /City Engineer Brust responded to various
Council questions regarding same confirming that Kaufman and Broad,
one of the largest developers in California, was interested in
procedures; nothing has been filed yet with the City but there is
consideration being given to 300 residential homes whereby a zoning
change would be necessary from multi - family to single family;
consideration is being given to sewer capacity via working on retrofit
program or possibly working with Santa Rosa regarding possibility of
borrowing capacity, or Hewlett Packard said they may allow the
developer to use some of its industrial capacity as a loan to be paid
back at a later time when additional capacity is available; in
Rohnert Park City Council Minutes (20) January 26, 1993
response to Councilmember Gallagher inquiry regarding SB1019 calling
for affordable housing, City Manager said the draft General Plan
housing element, which is not a solidified policy yet, was provided
that outlined concerns and policies addressing affordable housing, and
even though SB1019 was not specifically mentioned during the above -
referenced meeting, all the other items necessary to be disclosed
during that first half hour meeting were discussed.
2) City Manager Netter referenced copies provided to Council of letter
from City of Cotati regarding industrial uses on Industrial Avenue and
said both this item pertaining to previously reviewed noise of
concrete factory and participation on the newly formed Bicycle
Committee will be on the agenda for upcoming joint meeting with City
of Cotati on February 3rd, 1993.
3) 1993 -94 CDBG request for proposals /public hearing, Feb. 23, 1993 -
City Manager Netter said applications for this item will be prepared
by Assistant to the City Manager Leivo including consideration of the
affordable housing project on the Presbyterian church site (conrunity
garden site), mobile home rehab project, and Innovative Housing
Proposal for a shared living home. Selection for the 1993 -94 CDBG
proposals will probably be made from these considerations and staff
will recommend two, most likely the affordable housing project on the
conTamity garden site and mobile home rehab project.
4) Decision on Landlord Petition 92- 01/Rancho Verde Nbbile Home Park -
City Manager Netter said Council had been provided with decision
regarding this matter authorizing $67.38 per month. It is assumed
this decision will be appealed by both sides. Assistant to the City
Manager Leivo will work through that.
5) National League of Cities dues for 4/93 -3/94 - City Manager Netter
referenced copies provided to Council of billing from National League
of Cities for the referenced annual membership dues in the amount of
$2,202.00. He asked if it was Council's desire to continue this
membership. Discussion followed during which Mayor Hollingsworth said
he thought this membership had some benefit to the City. Councilman
Eck said he felt it could be dropped due to current budget constraints
and because it did not seem relevant to local issues.
A motion was made by Councilman Eck; seconded by Counciin-an Reilly; +.o
drop the City's membership from the National League of Cities, and
approved by the following vote:
AYES: (3) Councilmembers Eck, Gallagher and Reilly
NOES: (2) Councilmember Spiro and Mayor Hollingsworth
ABSENT: (0) None
6) City Manager Netter referenced copies provided to Council of
request from Department of Public Safety to raise and display a
POW/MIA flag at the main station. Council concurred.
7 through 11) City Manager Netter said items 7 through 11 as listed
on the Council agenda were informational items of which copies were
provided to Council of various materials for same. W. Netter pointed
out item No. 10 reminding Council that he and Finance Director Harrow
would be attending the REMIF Annual Meeting in San Francisco this
Wednesday, Thursday and Friday, January 27 -29, 1993.
Rohnert Park City Council Minutes (21) Jan
nary 26, 1993
12) City Manager Netter advised that there were no major
complications for Public Works Department to deal with relating to the
recent heavy rains. Some attention was necessary at Rohnert Park
Expressway and Snyder Dane and water overflowed the creek through
J Section. There was also some overflowing at the end of Rohnert Park
Expressway outside the city limits. Rancho Verde Nbbile Home Park had
some people who voluntarily evacuated.
City Attorney's Report:
1) Acre for acre /development fees - In the essence of time, this item
was deferred to the next Council meeting agenda of February 9, 1993.
2) City Attorney Flitner referenced copies provided to Council of
letter from City of Berkeley dated January 14, 1993 requesting amicus
support in Fisher vs. County of Fresno and City of Berkeley. Mr.
Flitner said he recommended support of this case challenging
Proposition 13 and 62 which relates to special taxes versus general
taxes. He said the City does have real property transfer taxes to
consider in connection with this issue and to participate in this
amicus would be at no cost to the City.
A motion was made by Councilmember Spiro, seconded by Councilman Eck,
and unanimously approved, to participate in amicus support of Fisher
vs. County of Fresno and City of Berkeley as requested.
3) City Attorney Flitner referenced his findings pertaining to Ralph
M. Brown Act - Advisory Committees and said Council may want to
consider the guidelines and/or limitations for public notice and /or
participation in subcommittee meetings. Discussion followed during
which Mayor Hollingsworth said he did not think there was or ever has
been a problem with Council subcommittee meetings being open to the
public. He said a policy should be established whereby all City
Council subcommittee meetings are open to the public, other than
personnel and litigation matters, with public notices posted as usual
for meetings. Council concurred.
Matters from Council:
1) Nbbile Home Park visits - Councilman Eck said efforts continue in
regard to looking into possibilities of mobile home park purchases.
Council Committee Members Eck and Reilly with City Manager will visit
mobile home parks to talk to residents regarding this matter.
2) Letter from City of Blythe re. Desert Protection Act -
Councilmember Spiro referenced her recommendation at the previous
Council meeting to support the concerns expressed in this letter
relating to the critical condition of the economy in California and
the adverse impact the passage of this Desert Protection Act could
have on the condition of jobs in California. She recommended a letter
be written over the Mayor's signature to this affect. Councilmeniers
Reilly and Eck both signified support of the Dessert Protection Act.
Mayor Hollingsworth said he would not issue a letter over his
signature without full Council concurrence and, therefore, recommended
individual Councilmember responses to the matter, if desired.
Rohnert Park City Council Minutes (22) January 26, 1993
3) North Bay Division - League of California Cities - Mayors and
Councilmembers Appointments /Vacancies - Councilmember Spiro signified
her interest to be appointed to the referenced Board of Directors.
Councilmember Reilly signified his interest to be appointed to the
referenced Bay Area Waste Management Commission. Mayor Hollingsworth
directed letters to be written regarding same.
4) Work session on response to Grand Jury Report - City Manager
Netter said a date would be set regarding this matter following
completion of City Attorney opinion regarding same.
5) Joint meeting with Cotati City Council on February 3, 1993 -
City Manager requested Council input regarding suggested agenda items
for this meeting. Council responses included: 1) Wastewater around
borders; 2) Contiguous borders discussion regarding de- annexation;
3) Cotati interest in contract with Rohnert Park Animal Shelter
services; and 4) Cotati plans for homes and golf course on west side
(conTuni ty separator area)
6) Informational - Sister Cities Cultural Festival sake barrel
breaking ceremony at ComYUnity Center at noon on Saturday, February
6th, 1993.
7) Informational - Miss Sonoma County Pageant at Performing Arts
Center at 6:30 p.m. on Saturday, February 6th, 1993.
8) Cloverdale Citrus Fair /Parade - Saturday, February 13, 1993
Vice Mayor Reilly confirmed he would represent the City at this
occasion, as requested.
9) National League of Cities Annual Congressional City Conference,
March 6 -9, 1993, Washington, DC - Not applicable due to previous
Council decision not to renew annual membership.
10) Council /City Manager Leadership Team Workshop, June 2 -4, 1993,
South Lake Tahoe - Councilman Eck pointed out the need for a minimum
number of participants to form a team for this workshop being three
(two council members or mayor and the manager) as well as other
disadvantages if all five council members do not attend. Council
signified no interest in the workshop.
11) Work Session /Sonoma County Waste Management Agency (JPA)
regarding creation of a wood waste and composting facility -
Councilmember Eck complimented the efforts of the recent work session
held yesterday, January 25, 1993 and said JPA Executive Director Ken
Wells' presentation and response to questions was very enlightening.
12) Councilmember Spiro referred to recent Press Democrat article
CORRECTION from using same words as citizen letter to Council, such as "Royalists ",
establishing that the editorial was not very unbiased. She suggested
2/9/93 Council a letter be written to the paper responding to this. Discussion
meeting: "not the followed during which Councilman Eck said it had been his experience
same editorial;it that when you attack back, the detrimental words are said twice. Then
was a different there has to be another response explaining their reasons, so that is
paper." three time. He has found the best thing to do is to say people have a
right to say whatever they want. Councilmember Gallagher said the
paper printed some very good things about the Teen Center in the same*
editorial and expressed agreement with Councilman Eck's approach.
CORRECTION to above minutes correction from 2/23/93 Council meeting:
The referenced article was in the same paper, specifically the Press Democrat;
hilt not in thn camn nrI4+- 41�
Rohnert Park City Council Minutes (21) January 26, 1993
12) City Manager Netter advised that there were no major
complications for Public Works Department to deal with relating to the
recent heavy rains. Some attention was necessary at Rohnert Park
Expressway and Snyder Lane and water overflowed the creek through
J Section. There was also some overflowing at the end of Rohnert Park
Expressway outside the city limits. Rancho Verde Mbbile Home Park had
some people who voluntarily evacuated.
City Attorney's Report:
1) Acre for acre /development fees - In the essence of time, this item
was deferred to the next Council meeting agenda of February 9, 1993.
2) City Attorney Flitner referenced copies provided to Council of
letter from City of Berkeley dated January 14, 1993 requesting amicus
support in Fisher vs. County of Fresno and City of Berkeley. Mr.
Flitner said he recommended support of this case challenging
Proposition 13 and 62 which relates to special taxes versus general
taxes. He said the City does have real property transfer taxes to
consider in connection with this issue and to participate in this
amicus would be at no cost to the City.
A motion was made by Councilmember Spiro, seconded by Councilman Eck,
and unanimously approved, to participate in amicus support of Fisher
vs. County of Fresno and City of Berkeley as requested.
3) City Attorney Flitner referenced his findings pertaining to Ralph
M. Brown Act - Advisory Committees and said Council may want to
consider the guidelines and/or limitations for public notice and /or
participation in subcommittee meetings. Discussion followed during
Mich Mayor Hollingsworth said he did not think there was or ever has
been a problem with Council subcommittee meetings being open to the
public. He said a policy should be established whereby all City
Council subcommittee meetings are open to the public, other than
personnel and litigation matters, with public notices posted as usual
for meetings. Council concurred.
Matters from Council:
1) Mbbile Home Park visits - Councilman Eck said efforts continue in
regard to looking into possibilities of mobile home park purchases.
Council Committee Members Eck and Reilly with City Manager will visit
mobile home parks to talk to residents regarding this matter.
2) Letter from City of Blythe re. Desert Protection Act -
Councilmember Spiro referenced her recommendation at the previous
Council meeting to support the concerns expressed in this letter
relating to the critical condition of the economy in California and
the adverse impact the passage of this Desert Protection Act could
have on the condition of jobs in California. She recommended a letter
be written over the Mayor's signature to this affect. Councilmembers
Reilly and Eck both signified support of the Dessert Protection Act.
Mayor Hollingsworth said he would not issue a letter over his
signature without full Council concurrence and, therefore, recommended
individual Councilmember responses to the matter, if desired.
Rohnert Park City Council Minutes (22) January 26, 1993
3) North Bay Division - League of California Cities - Mayors and
Councilmembers Appointments /Vacancies - Councilmember Spiro signified
her interest to be appointed to the referenced Board of Directors.
Councilmember Reilly signified his interest to be appointed to the
referenced Bay Area Waste Management Commission. Mayor Hollingsworth
directed letters to be written regarding same.
4) Work session on response to Grand Jury Report - City Manager
Netter said a date would be set regarding this matter following
completion of City Attorney opinion regarding same.
5) Joint meeting with Cotati City Council on February 3, 1993 -
City Manager requested Council input regarding suggested agenda items
for this meeting. Council responses included: 1) Wastewater around
borders; 2) Contiguous borders discussion regarding de- annexation;
3) Cotati interest in contract with Rohnert Park Animal Shelter
services; and 4) Cotati plans for homes and golf course on west side
(community separator area)
6) Informational - Sister Cities Cultural Festival sake barrel
breaking ceremony at Community Center at noon on Saturday, February
6th, 1993.
7) Informational - Miss Sonoma County Pageant at Performing Arts
Center at 6:30 p.m. on Saturday, February 6th, 1993.
8) Cloverdale Citrus Fair /Parade - Saturday, February 13, 1993
Vice Mayor Reilly confirmed he would represent the City at this
occasion, as requested.
9) National League of Cities Annual Congressional City Conference,
March 6 -9, 1993, Washington, DC - Not applicable due to previous
Council decision not to renew annual membership.
10) Council /City Manager Leadership Team Workshop, June 2 -4, 1993,
South Lake Tahoe - Councilman Eck pointed out the need for a minimum
number of participants to form a team for this workshop being three
(two council members or mayor and the manager) as well as other
disadvantages if all five council members do not attend. Council
signified no interest in the workshop.
11) Work Session /Sonoma County Waste Management Agency (JPA)
regarding creation of a wood waste and composting facility -
Councilmember Eck conplimented the efforts of the recent work session
held yesterday, January 25, 1993 and said JPA Executive Director Ken
Wells' presentation and response to questions was very enlightening.
12) Councilmember Spiro referred to recent Press Democrat article
CORRECTION from using same words as citizen letter to Council, such as "Royalists ",
2/9/93 Council establishing that the editorial was not very unbiased. She suggested
meeting: "not the a letter be written to the paper responding to this. Discussion
same editorial;itfollowed during which Councilman Eck said it had been his experience
was a different that when you attack back, the detrimental words are said twice. Then
paper." there has to be another response explaining their reasons, so that is
three time. He has found the best thing to do is to say people have a
right to say whatever they want. Councilmember Gallagher said the
paper printed some very good things about the Teen Center in the same
editorial and expressed agreement with Councilman Eck's approach.
CORRECTION to above minutes correction from 2/23/93 Council meeting:
The referenced article was another editorial of a different date in the
CAMn nanny r.,- -4-P�r II- +Hl. I)--- n,..,,,..,.....
Rohnert Park City Council Minutes (23) January 26, 1993
13) Councilmember Spiro referenced letter from resident requesting
consideration of smoking ban in public restaurants (item No. 14 on
tonight's Communications). She suggested placing this item on the
next Council agenda for consideration of public hearing regarding
this matter. Council agreed this item should be placed on the next
agenda to review direction regarding this matter.
14) Councilmember Spiro reported on recent National League of Cities
Conference, held in New Orleans, that she attended. The organization
is now involved with many enterprising programs. Ms. Spiro said she
talked to female mayors regarding the female gender balance issue on
which she had reported earlier. She talked to William Goodman from
Chatanooga, Tennesee regarding affordable housing qualifications. He
is sending an entire report soon regarding very innovative ideas
relating to this matter. Regarding the school systems, new programs
provide systems that when someone is driving down the streets they can
know exactly where a student should be, based on what time of day
it is. There is also a program started that when teachers are absent,
corrmunity leaders can go in and help with the teaching program for the
day which greatly assisted their comnanity. Councilmember Spiro said
she has already passed this information on to Youth and Family
Services Manager Jim Parks. One of the systems sentences the parents,
rather than put the burden on the school, whereby the parents are
required to go back to school with their children. Councilmember
Spiro said she would report further on these enterprising programs
after receipt of above - referenced material.
Unscheduled
Public Mayor Hollingsworth asked if anyone in the audience wished to make an
Appearance appearance at this time.
James Clark, 80 Walnut Circle, said he would like to recommend at this time, because
of what he heard here tonight, that Council look at an ethics
committee to see if one needs to be considered. Mr. Clark said he
agreed with the Nbyor that there is a cancer festering.
Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:27 p.m.
to 6:00 p.m., February 3rd, 1993 for a joint meeting with City of
Cotati at Dynasty Restaurant.
J�e,�
6 e it 7Y C' Clerk Mayor
Linda M. Branscomb
1 Anne
24 January, I q Q.�
Honorable Mayor Hollingsworth and
City Council Members
Rohnert Park City Hall
6570 Commerce Boulevard
Rohnert Park CA 94928
Dear Mayor and Councilmembers:
Rohnert Park CA 94928
(707) 795 -2197
When thinking about creating a new committee, I had to ask myself why I felt we needed one and
what benefits it would bring to Rohnert Park.
I also had to ask myself whether anything I could do as an individual, like working in a soup kitchen,
would be more directly beneficial. In other words, I was thinking of giving up on government and
going to the private sector. The reason I didn't give up is that I am only one person, as is each of
you. We cannot, no matter how brilliant or creative we are as individuals, cover all the bases in any
given situation. We all have to work together or nothing will get done.
You, as policy makers, are in charge of making that happen. You can do more good for more people
by bringing in humanitarian programs than one person can do alone.
Five years from now I want us to be able to look back and say we did the humane thing and
conditions have improved to some degree (hopefully, a great deal) for all Rohnert Park residents.
believe in my favorite bumper sticker, "Think Globally, Act Locally ".
I was very impressed with the Youth and Family Services Department presentation. I am now
confident that the political will to help all diverse groups exists within the City of Rohnert Park. We
have a lot of attention (as we should) on At Risk Youth Services. Let's use that as a catalyst to
expand our adult services.
It is vital that Rohnert Park continue research on housing issues and network with those in the
business of providing affordable housing to stay abreast of potential opportunities. This is the reason
we (the Housing Task Force) recommend the name Housing and Human Services Commission.
I have given you an organization chart identifying some examples of human services which could be
addressed by such a commission. Some of the sub - categories are examples of already working
programs to give you an idea of the sort of efforts we have in mind.
These already functioning programs could network with sub - committee members or could be invited
speakers to address the whole committee, thereby becoming even more involved with the community
(an example is the Chamber of Commerce Economic Development Committee working with the Job
Development Sub - committee). Duplication is not our intention.
Ultimately the structure of this commission and its responsibilities is up to you. These are just
suggestions. I strongly believe that every citizen of Rohnert Park has a right to have food, shelter and
a job.
Filtering of projects is another function the commission could provide for the council thereby saving
time. This is especially true if several projects in the same subject area came in. An example would
be Hunger. Do we want Food Not Bombs, The Hunger Project or to be involved with UNICEF, or the
Rohnert Park Kitchen?
There are excellent programs for seniors, parents and families. Let's expand to Developmentally
Disabled and low- income working adults whether they are single or married. A commission could
identify any gaps in services which are currently handled for some groups but for others.
You may say those are nice ideas but how will they be paid for? The actual projects themselves in
most costs require a lot of community support and private funding. This is similar to the Self- Esteem
Program through Youth and Family Services. The cost of staff time to administer such programs is
more than outweighed by the benefit to the community in terms of reduction of crime and having
healthy, happy, productive residents. If people have jobs they produce tax dollars, for example.
I am appalled that when I see people standing in front of Safeway with signs that say "will work for
food ", the best I can do is give them the City's information and referral number.
In a city in which the median income is in the mid- thirties this should not be occurring. The fact that
it is shows the system isn't working for some people. Let's find out where the holes are by creating
the Housing and Human Services Commission.
Martin Luther King said, "If you're not part of the solution, you are part of the problem ". Rohnert
Park should express its friendliness by being a leader in taking a stand for human dignity.
Linda M. Branscomb
1.
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