1993/02/23 City Council Minutes (3)Rohnert Park City Council Minutes
February 23, 1993
The Council of the City of Rohnert Park net this date in
regular session commencing at 6:00 p.m. in the City Offices,
6750 Commerce Boulevard, Rohnert Park, with Mayor
Pro- Tempore Reilly presiding.
CALL TO ORDER Mayor Pro- Tetrpore Reilly called the regular session to order
at approximately 6:40 p.m. and led the pledge of allegiance.
Mayor Pro - Tempore Reilly advised that a closed session
commenced this evening at 6:00 p.m. to discuss personnel
matters. He said no action was taken and there was nothing to
report at this time.
ROLL CALL Present: (4) Councilmembers Eck, Gallagher, Spiro and
Mayor Pro- Tempore Reilly
Absent: (1) Mayor Hollingsworth (snowbound in Utah)
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 Director of Recreation Pekkain.
N131M OF SILENCE Mayor Pro- Tempore Reilly said a moment of silence would be
for observed at this time for John Keith Miller, who passed away
John Keith Miller on February 14th, 1993. He said Mr. Miller was very instru-
mental in Rohnert Park as it is today through his
architectural designs as principle in the Santa Rosa firm of
Roland/Miller /Associates. Mayor Pro- Tempore Reilly said a
resolution of respect for W. Miller has been prepared and
would be sent to his family.
Approval of Minutes Councilmember Spiro referenced February 3, 1993 joint meeting
minutes and said Linda Branscomb and Keith Hallock also
attended said meeting and should be added to the list of
"others present ". She also referenced February 9, 1993
minutes correction (for page 22 of January 26, 1993 minutes)
and said it was another editorial of a different date in the
same paper, specifically the Press Democrat.
Upon motion by Councilmember Eck, seconded by Councilmember
Spiro, with Councilmember Gallagher abstaining from February
3rd minutes due to absence from the meeting, the minutes of
January 25, February 3 and 9, 1993 were unanimously approved
as amended.
Approval of Bills Upon motion by Councilm ni er Eck, seconded by Councilmember
Gallagher, the bills presented per the attached list in
the amount of $524,890.90 were unanimously approved.
Councilmember Spiro said, as previously reviewed, the City
should pay more attention to doing business locally
Rohnert Park City Council Minutes (2) February 23, 1993
Non - agendaed Mayor Pro- Tempore Reilly queried if Council or staff had any non-
matters agendaed items to add to the agenda. Councilmember Spiro said she had
four miscellaneous items; City Manager Netter said he had two
miscellaneous items.
Unscheduled Public Appearances:
Mayor Pro- Tempore Reilly stated that in compliance with State Law (The
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.
Jerry Griffin, 1514 Garfield Court, President of Education Foundation Auction,
distributed invitations to Council and staff to the 6th Annual
"Sharin' O' the Green" Auction at the Rohnert Park ComYunity Center on
March 13, 1993 at 7:00 p.m. Donations from throughout the City will
be auctioned off to benefit the children in the Cotati - Rohnert Park
School District.
C O N S E N T C A L E N D A R
Mayor Pro- Tempore Reilly 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.
Resolutions:
No. 93 -16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING
THE EXTENSION OF THE BID OPENING FOR RE- ROOFING THE MECHANICS SHOP AT
THE PUBLIC WORKS CORPORATION YARD AND REPAIRING THE WOOD SHINGLE ROOF
COVERING THE COMM..NITY CENTER
No. 93 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK OUTLINING
A POLICY FOR MAKING NOMINATIONS FOR APPOINTMENTS TO CITY BOARDS,
COMMISSIONS, COMMITTEES OR OTHER GROUPS CREATED BY CITY COUNCIL
REPLACING RESOLUTION NO. 93 -11
Approval of letter requests from Education Foundation for donation
of two (2) Sports Center memberships and pool membership for
"Auction 1993"
Upon motion by Councilmember Eck, seconded by Councilmember Gallagher,
the Consent Calendar as outlined on the meeting's agenda was
unanimously approved.
Rohnert Park City Council Minutes (3) February 23, 1993
Resolution
No.93 -18 A RESOLUTION OF RESPECT FOR JOHN KEITH MILLER, FAIR
City Manager Netter said a resolution of respect for John Keith Miller
had been prepared as previously mentioned. He asked if Council
desired to declare an emergency item in order to adopt the resolution
tonight. Discussion followed complimenting Mr. Miller's architectural
efforts on behalf of the City, mentioning specifically that he
designed the beautiful Com unity Center conplex, Sports Center and
Performing Arts Center. Mr. Miller truly loved Rohnert Park and is
going to be missed but his work will be enjoyed continually.
A motion was made by Councilmember Gallagher, seconded by Councilman.
Eck, and unanimously approved, declaring this resolution of respect
for John Keith Miller an emergency item.
Upon motion by Councilmember Gallagher, seconded by Councilman Eck,
and unanimously approved, reading of Resolution No. 93 -18 was waived
and said resolution was adopted.
Scheduled Public Appearance:
The Assistance Dog Institute, Bonita M. Bergin, President - Request to
waive $200 Use Permit Fee (Planning File No. 1587) - City Manager
Netter explained that Bonita Bergin advised that she would be out of
town and unable to attend tonight's meeting. He said this item could
be rescheduled, if Council desired. City Manager Netter responded to
various Council questions regarding this matter. He shared contents,
as reviewed in the Council Meeting Memo, of copies provided to Council
of letter request dated January 26, 1993 from the Assistance Dog
Institute. Discussion followed.
Upon motion by Councilmember Spiro, seconded by Councilmember
Gallagher, to waive the $200 Use Permit Fee as requested by the
Assistance Dog Institute, was unanimously approved, as recommended by
the Planning Commission.
Cultural Arts Commission Structure Change:
Staff Report - City Manager Netter explained that staff has been
working with members of the Cultural Arts Commission for several
months in re- drafting the rules of the Cultural Arts Commission as
outlined in the Rohnert park Municipal Code, Chapter 2.24. He
referenced copies provided to Council of the proposed draft of same
and shared contents therein as reviewed in the Council Meeting Memo.
Mr. Netter responded to various Council questions regarding this
matter and advised that Cultural Arts Commission representatives, Lew
Kuehm, Lavonne Baine and Linda Holm were available at tonight's
meeting to respond to further Council questions, if desired. City
Manager Netter said staff recommends preparing the above- referenced
proposed draft into proper ordinance form for introduction at the next
Council meeting, if Council so desires. Discussion followed.
A motion was made by Councilman Eck, seconded by Councilmember
Gallagher, and unanimously approved, directing staff to prepare the
ordinance for introduction at the next Council meeting regarding the
Cultural Arts Commission structure change, as recommended by staff.
Rohnert Park City Council Minutes (4) February 23, 1993
Smoking Ban in Restaurants - Consideration of policy restricting use of tobacco
products (smoking) in restaurants - City Manager Netter shared
comments as reviewed in the Council Meeting Memo regarding this
matter referencing copies provided to Council of previously reviewed
letter dated January 18, 1993 from Barnaby J. O'Leary requesting
consideration of smoking ban in restaurants. Copies were provided to
Council of the City's current Smoking Ordinance No. 509 established in
February of 1989, as well as recommended language for additions to
same for Council's review. If Council desires to prohibit smoking in
restaurants, staff recommends preparation of the ordinance with the
referenced additions for introduction at the next Council meeting.
City Manager Netter said a public hearing has been scheduled at this
time which could be continued at the next Council meeting, if Council
so desires. This public hearing has been duly noticed in local
newspapers, as well as separate notices mailed to the
restaurants /eating places in the community (approximately 85). Mr.
Netter said several phone calls had been received at City Hall
favoring the smoking ban in restaurants, as well as copies provided to
Council of three letters signifying support of same as follows:
Sizzler, 6040 Commerce Blvd., Ste.110 - support smoking ban in restaurants, if
enacted at the state level;
Susan Bryer Starr, 4416 Graywhaler Lane - support smoking ban in restaurants
Mrs. Ruth Spiegel, 681 Wilford Cr., Cotati - support smoking ban in restaurants.
Discussion followed during which Council recommendations were made
as follows: change the age limit referenced in the cocktail lounge
exemption from 18 to 21 years of age, or whatever the State law
allows; consider more time between now and the introduction of this
ordinance to sufficiently allow for additional comments from the
community regarding this matter.
PUBLIC HEARING - Mayor Pro- Tempore Reilly opened the public hearing at approximately
6:55 p.m.
James M. Clark, 80 Walnut Circle, expressed concern regarding the extent of
"no smoking" regulations as reasonable consideration should be given
to those addicted to nicotine. He agreed with the exemption of
cocktail lounges from these smoking ban regulations.
Holly Blue, 1312 Gold Way, spoke in favor of the smoking ban in restaurants,
pointing out that the recommended change in the ordinance included
exemption of cocktail lounges, with which she expressed agreement.
However, speaking as an ex- smoker, she did not like being forced to
breath secondary smoke from smokers. A lot has been head about the
rights of smokers, but non - smokers also have rights, especially with
the dangers of secondary smoke now revealed.
Phillis Yearvante, 200 Alden Avenue, expressed frustration as a current smoker who
had not smoked for over 25 years. She has worked for the labor union
fighting for people's rights and has not appreciated the delay of
service at restaurants for smokers because of limited seating
capacity, especially when there are numerous empty seats in the
non - smoking sections. She compared consideration given to people
Rohnert Park City Council Minutes (5) February 23, 1993
addicted to other types of drugs, and said she would cancel her plans
to purchase a home in Rohnert Park if this smoking ban ordinance is
passed. She said she does not light up if it is going to hurt or
offend someone, but wanted to retain her rights as a citizen of the
United States.
Richard Goldberg, Director of Health and Education, said it is understood that the
use of tobacco is addictive and supporting such a smoking ban should
in no way reflect on people who smoke. Smokers usually start at a
very young age and he also previously smoked for nineteen years.
He said it has only been since 1964 that information has been
provided to the public to adequately start educating us on the dangers
of smoking. Dr. Goldberg shared statistical comments of packet of
information provided to City Mnager confirming that it is quite clear
that tobacco smoke is the #1 preventable cause of death.
Approximately 53,000 people died last year because of breathing
secondary smoke, which is more hazardous than mainstream smoke because
there is no filtering protection. This is the judgment of the
Environmental Protection Agency (EPA). Dr. Goldberg said, again,
there is no provocation intended toward smokers, but as a public
health worker, he is simply providing scientific facts about tobacco
smoke in that it is one of the most dangerous substances in use today
with over fifty adverse chemicals. This is not an issue of rights,
but of logic and health. Also, studies have been done establishing
that restaurants do not lose business because of smoking ban policies.
Barbara Mckenzie, 1536 Gladstone Way, expressed full support of an anti - smoking
ordinance since she did not believe there is such a thing as a
non - smoking area in restaurants, if there is a designated smoking
area, because smoke in the air does not adhere to the restrictions.
There is help available for people with nicotine addictions, such
as the patches as advertised on television. Rohnert Park can
play a small part in helping toward the health of citizens by passing
this ordinance.
Yvette Niles, 5369 Country Club Drive, urged the City Council to ban smoking in all
public places of enclosed areas for consideration of the health of
others. She said she is an advocate of freedom for everyone as long
as such freedoms are not harmful to anyone. It is not fair to
non - smokers to go to restaurants and not be able to eat because of the
smoke of others, even if there are non - smoking sections. It would be
too expensive for restaurants to incorporate areas with changes in
architectural design that would be an effective solution to provide
for both smoking and non - smoking sections.
Linda Branscomb, 21 Anne, expressed support for smoke -free restaurants and
recommnded passing the ordinance. Smokers can be considerate of
others, when necessary, and wait until dinner is over to smoke.
Ashley Emerson and Kayleigh Spratt, Brownies from Troop 592, both expressed support
of the smoking ban and did not think smoking should be allowed in
public places because it is not healthy for others.
Deborah Spratt, 6073 Dawn Drive, Troup Leader of above- referenced Brownie Troup 592,
said she just recently moved to the area from North Carolina where
mach of the livelihood is from tobacco products and, yet, there is
non - smoking in most of that state's restaurants. She reviewed the
numerous health complications in her family background caused by
cigarette smoke. She urged Council to pass an ordinance that would
Rohnert Park City Council (6) February 23, 1993
ban smoking in public places because she wants a future for her
children. She said she does not eat at many restaurants in Rohnert
Park because of the smoking, and felt there were others like her that
would utilize the local restaurants more frequently, if smoking was
not allowed.
Sarah Kuh, of North Bay Health Resources Center, 55 Maria Drive, Ste. #837, Petaluma,
expressed support of the smoking ban ordinance in restaurants and said
she was in favor of a total smoking ban in public places. Their
efforts have been toward keeping tobacco out of the hands of minors.
She had never been to a public hearing on this issue that was as one-
sided as the one tonight. She reviewed further EPA statistics
confirming that EPA has classified tobacco as Class A in only one of
12 such hazardous substances, including such as asbestos, and is the
third leading cause of death in the U.S.. She compared the stop
smoking efforts to previous efforts it took to require seat belts for
the safety of people. Those at higher risk than the general public
are the employees of restaurants. Waiters and waitresses have a 50%
to 90% higher risk of dieing from lung cancer than others because
smoking is allowed in their work place. Restaurants that have banned
smoking confirm that some smokers will leave, however, non - smokers
take their place and it has been documented repeatedly that no smoking
policies have not affected business revenues. Efforts to ban smoking
at state and federal levels have not been successful because the
legislative lobbyists have too mach money. Statistics speak from
billboards and signs everywhere, as well as warnings from the Attorney
General, Lung Association, Heart Association, etc. confirm that what
was once a tolerance of smoking now becomes willful negligence based
on the information now available. Ms. Kuh said North Bay Health
Resources Center can provide more complete information on this matter,
if desired.
There being no one further desiring to speak, Mayor Pro - Tempore Reilly
closed the public hearing at approximately 7:26 p.m.
Discussion followed during which Council expressed concerns related to
above- reviewed statistics regarding the hazards of smoking especially
pointing out the scientific data of additional risk to restaurant
workers; Council shared personal experiences related to this issue and
compared various health and other complexities regarding same;
acknowl edgment w as made that no one's rights ,°,,i+aouid infringe' via the
rights of others, but with health issues at stake, it is logical that
smokers can go outside to smoke, whereas non - smokers do not have that
choice; reference was made to book entitled "Tobacco Control In
California Cities: A Guide for Action" by the California Healthy
Cities Project in partnership with League of California Cities
(available for review in City Manager's office); and review of recent
Councilmember conversation with Mayor of Lodi confirming that more
people were not going to games because of smoke and attendance at
games increased by 10% with establishment of non - smoking policy.
A motion was made by Councilman Eck, seconded by Councilmember
Gallagher, and unanimously approved, directing staff to prepare an
ordinance for introduction at the next Council meeting prohibiting
smoking in restaurants with bar /cocktail lounge exemption. Friendly
amendment to this motion by Councilmember Spiro was accepted to
include age limit not under 21 years old permitted in cocktail lounges
or unless the law allows for 18 years or older.
Rohnert Park City Council Minutes (7) February 23, 1993
1993 -94 Community Development Block Grant (CDBG) funding requests:
Assistant to the City Manager Leivo referenced copies provided to
Council of staff report regarding 1993 -94 Community Development Block
Grant (CDBG) funding requests with attached applications for same. He
shared contents therein as reviewed in the Council Meeting memo
confirming four applications as follows: 1) Innovative Housing
requests $23,500 for support of shared housing services; 2) North Bay
Rehabilitation Services requests $32,830 for renovation of Activity
Center restrooms; 3) Burbank Housing requests $100,000 for the
Presbyterian (Garden Site) affordable housing project; and 4) the
City and Sonoma County Community Development Commission staff propose
$100,000 for Nbbile Home Rehabilitation program. City Manager Netter
and Assistant to the City Manager Leivo responded by various Council
questions regarding the referenced staff report and related
applications. Mr. Leivo said action by Council would be necessary to
establish the priority ranking of these 1993 -94 CDBG applications. He
confirmed a public hearing had been scheduled at this time regarding
this matter. Discussion followed.
PUBLIC HEARING - Mayor Pro- Tenpore Reilly opened the public hearing at approximately
7:46 p.m.
Linda Branscomb, 21 Anne, said she agreed with the first two priorities signified in
the above Council discussion, being the Burbank Housing project and
the mobile home rehab program. Since Council was not specific on the
priority of the remaining two applications, Ms. Branscomb recommended
Council consideration of placing the Innovative Housing request ahead
of North Bay Rehab request because Innovative Housing is asking for
the lesser amount.
There being no one further desiring to speak, Mayor Pro- Tempore Reilly
closed the public hearing at approximately 7:47 p.m.
Upon motion by Councilman Eck, seconded by Councilmember Spiro, and
unanimously approved 1993 -94 Community Development Block Grant (CDBG)
funding request applications were prioritized as follows: 1) Burbank
Housing affordable housing project; 2) City and Sonoma County
Community Development Commission (SCCDC) mobile home rehabilitation
program; 3) Innovative Housing support of shared housing services;
and 4) North Bay Rehabilitation services for renovation of Activity
Center restrooms.
RECESS Mayor Pro- Tempore Reilly declared a recess at approximately 7:48 p.m.
RECONVENE Mayor Pro- Tempore Reilly reconvened the Council meeting at
approximately 7:54 p.m. with all Councilmembers present except Mayor
Hollingsworth (out of town) and Councilmember Gallagher (late arrival
as signified below in these minutes).
Planning and Zoning matters:
File No.1168 - Planning Director Skanchy referenced plans on display and copies
provided to Council of Staff Report dated February 11, 1993 regarding
File No. 1168 - Scandia Fun Center Precise Development Plan and
Architectural Review to expand existing center to include a new Indy
race track, bumper boats facility, golf driving range, pro shop and
maintenance building.
Rohnert Park City Council Minutes (8) February 23, 1993
Councilmember Gallagher returned in the Council Chamber for the reconvened Council
meeting at approximately 7:58 p.m.
Planning Director Skanchy shared contents of above- referenced Staff
Report, reviewed plans on display and responded to various Council
questions.
Steven Hume, Manager of Scandia, responded to Council questions pertaining to the
driveway and safety factors for customers; provision of directive
signage; parking provisions; and preference as well as efficiency of
providing their own security guards with ability to increase or
decrease number of same as needed.
Planning Director Skanchy responded to further Council questions
confirming there would be no landlock to the neighboring property
owner because of full access onto Dowdell Avenue, as well as Willis
Avenue. He also pointed out the drainage channel as shown on the
plans displayed and said it is not yet known how Dowdell will be
treated in the future, but none of Dowdell is anticipated to be
abandoned. Discussion followed.
Upon motion by Councilman Eck, seconded by Councilmember Spiro,
Planning File No. 1168 - Scandia Fun Center Precise Development Plan
and Architectural Review for expansion was unanimously approved as
recommended by the Planning Commission.
Parks and Recreation matter:
Rohnert Park Stadium/Soccer agreement with Northbay Breakers - City
Manager Netter said copies were provided to Council of staff report
dated February 17, 1993 with attached options 1 & 2 pertaining to the
Stadium Lease Agreement with North Bay Breakers Soccer Team.
Director of Recreation Pekkain shared contents therein of above-
referenced staff report pointing out the preference to Option 2 which
is basically the same as Option 1 except that it gives more
flexibility in the first year of the lease to establish fair share
ratios from revenues.
City Manager Netter confirmed the Stadium Council Committee comprised
of Councilmembers Reilly and Eck met this afternoon regarding this
matter. The particulars of Option 2 need to be worked out and some of
the language clarified. These language changes can be made and
prepared for resolution adoption of the lease agreement at the next
Council meeting.
Discussion followed during which Council Committee Members, City
Manager and Recreation Director responded to various Council questions
related to this matter.
Upon motion by Councilman Eck, seconded by Councilmember Gallagher,
Option 2 of the Stadium Lease Agreement with Northbay Breakers Soccer
Team was unanimously approved in concept with language changes as
outlined and recommended by Council Committee and staff. Staff was
directed to complete the contract with review by City Attorney Flitner
and schedule for formal approval at the next City Council meeting.
Rohnert Park City Council Minutes (9) February 23, 1993
Bingo matters: Review of Bingo fees & costs - City Manager Netter said copies were
provided to Council of staff report dated February 4, 1993 from
Accountant /Auditor Fogle regarding Review of Bingo Fees and Costs and
second staff report dated February 18, 1993 also from
Accountant /Auditor Fogle regarding Bingo 1% of Gross License Fees
Reporting of Pull -Tab Sales. Mr. Netter shared contents therein as
reviewed in the Council Meeting Memo and responded to various Council
questions regarding this matter.
Lengthy discussion ensued for approximately 45 minutes pertaining to
the complexities involved regarding Bingo matters including auditing
responsibilities and need to recover cost of same with consideration
of the logic of obtaining an outside auditor; fairness to non - profit
organizations with majority of proceeds going back into various needs
of the community; consideration to forgive past underpayment by PAL
due to reporting pull tabs at net versus gross because of initial
differing opinions regarding interpretations of requirement
instructions; the need to reimburse other bingo organizations at same
ratio accordingly, if past payment is not required from PAL;
recommendation to develop a new consistent fee structure policy to
collect a $50 fee plus reimbursement of audit costs; and, finally, the
need for City Attorney to review the legalities of all of the
aforementioned to be consistent with State law.
A motion was made by Councilman Eck, seconded by Councilmember
Gallagher, and unanimously approved, directing City Attorney to draft
a mechanism for fee structure of bingo organizations whereby cost
recovery for audits will be established. Said motion was modified by
Councilmember Gallagher, and unanimously agreed, that the bingo audits
should be done by independent auditors versus City auditors.
A motion was made by Councilman Eck, seconded by Councilmember
Gallagher, to not demand payment from PAL for the past two years of
pull tabs due to misinterpretation and /or differing opinions regarding
this matter. Councilman Eck accepted friendly amendment by
Councilmember Spiro to include reimbursement of same ratio to other
bingo organizations to be consistent and fair.
Discussion followed during which concerns were expressed regarding
legalities of this approach in meeting State law requirements. City
Attorney Flitner said the State law definitely stipulates gross
receipts and he would have to review the matter further relating to
any deviance or exceptions from this requirement.
Councilman Eck confirmed he was willing to waive his above motion
until the next Council meeting following City Manager review and
opinion of same. There was no vote on the motion.
PUBLIC CCWENTS - Mayor Pro- Tempore Reilly opened the meeting to public comnents
related to bingo matters.
Harvey Head, President of PAL, 600 Administration Drive, conf irmed $12,357 payment
of the $14,000 for last year of which City staff had indicated was
correct. The disagreement was pertaining to the previous two years of
reporting and was not necessarily related to the State's interpre-
tation of gross since City staff had physically observed how PAL
Rohnert Park City Council Minutes (10) February 23, 1993
reported during that two year period. Discussions over the past few
weeks between PAL Board and City auditors is when the disagreement
developed resulting in the notice of PAL owing an additional $25,000
for the referenced previous two years. This would involve extensive
time on the part of PAL volunteers to go through all those records.
Transportation matters:
1) Bike Path Committee priority list recommendations - City Manager
Netter said copies were provided to Council of memorandum dated
February 9, 1993 from Jake Mackenzie, Chairperson of Bicycle Advisory
Committee regarding bicycle path recommendations to City Council as
reviewed in tonight's Council Meeting Memo.
Andrew Hutchins, representing Bicycle Advisory Committee, advised that Chairperson
Mackenzie was out of town and unable to attend tonight's Council
meeting. Mr. Hutchins shared contents of above- referenced recommend-
ations of the Bicycle Advisory Committee including priority listing
for bicycle paths on Snyder Lane from Baumgardner Lane to Hinebaugh
Creek and on Commerce Boulevard north to Hinebaugh Creek to Golf
Course Drive and south of Enterprise Drive to Southwest Boulevard. The
Committee also requests Council approval to install bicycle striping
and signing along the entire length of Country Club Drive.
Discussion followed during which Council Committee Member Eck reviewed
the bicycle lane needs of the area more thoroughly. Councilman. Eck
and Director of Public Works /City Engineer Eck responded to various
comments and Council questions regarding this matter.
A motion was made by Councilman Eck, seconded by Councilnyember Spiro,
and unanimously approved, adopting the recommendations of the Bicycle
Advisory Committee, as submitted, for the bicycle path priority list,
and also approving installation of the Class II bike lane striping and
signing on Country Club Drive, as recommended, provided it is
compatible with vehicle parking needs of the area.
2) Sonoma County Paratransit Coordinating Committee vacancy - City
Manager Netter distributed copies to Council of Fact Sheet from
Michael WMArtrey received at the beginning of tonight's Council
meeting regarding his interest in being appointed to the Paratransit
Coordinating Committee. Due to the vacancy on this Committee by the
recent resignation of Linda Branscomb from same, staff has advertised
for interested citizens who would like to be appointed to this
Committee. Mr. Netter said copies were provided to Council of the
news release regarding this matter, as well as copies of March 10,
1993 meeting notice of Paratransit Coordinating Committee.
Michael Md4.irtrey, 114 Calle Roja, was introduced to Council and confirmed his
interest to be on the Paratransit Coordinating Committee.
A motion was made by Councilmm ber Eck, seconded by Councilmember
Gallagher, and unanimously approved, appointing Michael W- MArtrey to
the Paratransit Coordinating Committee.
Rohnert Park City Council Minutes (11) February 23, 1993
Council Committee reports:
1) Golf Course Committee Report (Hollingsworth, alt. Spiro) - City
Manager Netter reported on the recent Golf Course Committee meeting
including comments in the Council Meeting Memo. In the process of
putting a new program together including improvements to the golf
courses and adjustments in resident rates. The Golf Course wants to
work up that program and sell it to the community before presenting it
to this Council. As Council is aware, it recently gave a 25 year
extension to the agreement with the Golf Course.
2) COYF - Human Services (Hollingsworth, Spiro) - Councilmember Spiro
confirmed recent meeting with Linda Branscomb to discuss her ideas
presented from Interim Housing Task Force related to combining human
services with those of COYF (Community Outreach for Youth and
Families). Councilmember Spiro said another meeting has been
scheduled at 5:00 p.m. on Monday, March 15, 1993 to further review
this matter.
George Horwedel, 7669 Camino Colegio, Member of Interim Housing Task Force, said
both COYF and the Housing Task Force presented good ideas for projects
that would be beneficial to the community. He reviewed the limited
number of COYF meetings as reflected by recorded minutes. Mr. Horwedel
shared contents of copies distributed to Council of his recommendation
for combining the efforts of these two committees into one called
Community Outreach /Housing /Human Relations (CO -H -HR) Committee (copy
attached to original set of these minutes).
Discussion followed during which compliments were extended to efforts
of volunteers involved in above- referenced committees. Reference was
made to the two proposals made for combining efforts with COYF and it
was pointed out that some of the projects recommended have already
been undertaken by OOYF. Suggestion was made that ideas should be
obtained from other cities to review other approaches to these types
of projects and proposals. Cautions were given relating to the
formation of additional commissions, because commissions cost money,
thus the need to get on with the business of consolidating efforts of
existing committees such as these. Further comments concluded the need
to defer this matter at least until after the March 15th meeting
regarding same with confirmation that a member of a similar committee
from Cotati has been invited to share its program at that time.
Councilmember Gallagher said she would be glad to work with
Councilmember Spiro on the COYF Council Committee, to which Mayor Pro -
Tempore Reilly responded that Ms. Gallagher could consider the
Committee, but Mayor Hollingsworth was the other Council Committee
Member and she would have to talk to the Mayor since only two
Councilmeambers can be assigned to any one committee.
Linda Branscomb, 21 Anne, said she agreed with above comments to look into what
other cities do regarding human services and also suggested calling
the League of California Cities for information related to same. She
understood Rohnert Park was a spearhead in the state with the
development of COYF and would want to continue to be in the front as
far as meeting the needs of human services. Councilmember Spiro
responded that the California Healthy Cities model wasAthe one used
for the development of COYF whereby good programs are implemented that
sometimes work effectively.
*CORRECTION from 3/9/83 Council meeting: insert "similar to"
Rohnert Park City Council Minutes (12) February 23, 1993
Garbage matters:
Rohnert Park /Cotati Unified School District garbage service - City
Manager Netter reviewed contents of copies provided to Council of
staff reports dated February 9 and 19, 1993 summarizing the status of
the Cotati - Rohnert Park Unified School District's competitive bid for
refuse collection services. City Manger Netter and City Attorney
Flitner responded to various Council questions regarding same. City
Attorney referenced litigation of another city that should be
finalized by the end of this year and should legally settle the issue
regarding exclusive franchises and school districts.
Discussion followed during which comparisons were made relating to the
logic of the school district going out to bid on its own compared to
the cooperative effort between the City and the School District to
protect the franchise contract. The complexities of the franchise
negotiations were also reviewed. City Council reiterated that the
decision is up to the School Board and that, in the event it decided
to accept the bid by the non - franchise operator, then certain rules
and standards of operation must be developed.
A motion was made by Councilmember Spiro, seconded by Councilman Eck,
accepting staff recommendations to adopt the Public Agency Rate policy
in providing refuse collection services, as outlined in above- reviewed
staff report, and directing staff to write a letter to the School
District with City recommendations of same.
PUBLIC COMMENT'S - Mayor Pro-Tempore Reilly opened the meeting to public comments at
this time regarding this matter.
Kevin Walbridge, General Manager of Empire Waste Management, 4309 Hateries Court,
reviewed the complexities of AB 939 with financial obligations related
to recycling procedures in the future; the current over -all budget
crunch that would make it unproductive for public agencies like
schools and cities to have separate services; as well as
incompatibility of schedules of separate refuse pickup services. He
shared comparisons of other refuse collection services in the county
giving the example of the compromise reached between the City of Santa
Rosa and the County of Sonoma.
Ralph G. Risley of Ind-L-stria Carting, Santa Rosa, expressed conceL regarding a
number of issues reviewed tonight including public agencies having the
right to shop for services and do what is prudent to maximize funds of
public taxpayers; all licensed operators would operate within existing
standards if procedures and to the desires of customers and would be
responsible in the way they drive. Mr. Risley further reviewed the
complexities of AB 939 with financial demands involved to both the
public agencies and the service providers. Everyone is in a fiscal
crunch. If there is a concern about loss of revenues from schools,
then put the refuse collection service contract out for re-bid and
proceed with the new bidding process.
Further discussion followed during which Council unanimously approved
retaining the above motion by Councilmember Spiro, seconded by
Councilman Eck to write the letter with refuse collection
recommendations to the School District accordingly.
Rohnert Park City Council Minutes (13) February 23, 1993
Neighborhood Councils:
City of Simi Valley example - City Manager Netter said copies were
provided to Council of complete informative packet from the City of
Simi Valley regarding its formation and structure of Neighborhood
Councils. He shared comments as reviewed in the Council Meeting Memo
regarding this item.
Discussion followed during which Council conpared comments expressing
concerns related to the potential of essentially developing another
planning commission with this approach versus the need to find and
provide better ways for direct community involvement from citizens, or
a sounding board per se, in the numerous issues of City government as
it relates to the many neighborhoods throughout the City.
Kathrine Collins, resident, 828 Lilac Way, commented that she did not agree with the
necessity of neighborhood councils. They have been in this town a
long time and have observed that regular City Council meetings are
very poorly attended. Comicmity involvement could be much more
effective at the regular Council meetings, if people knew what to do
when they do attend. Therefore, it would seem some kind of
informative procedure could be developed to advise the average citizen
of how the City Council works. But, to develop neighborhood councils
would just create even more work for City staff and Councilmembers.
There should be other means by which the City could get the same
results with a lot less effort.
Linda Branscomb, 21 Anne, suggested there could be an 800 number for residents to
call and obtain information about the regular Council meeting agendas.
There has been previous discussion about how expensive the mailings of
agendas has become.
Discussion followed during which Mayor Pro- Tempore Reilly said he
wanted to be placed on a Neighborhood Advisory Council Committee to
which Councilman Eck responded that he committed to that.
Acknowledgment was made that various types of information could now be
provided to the cormunity through the new utilities billing system,
and through the City Newsletter for residents that do not receive the
utilities bill.
Further discussion included consideration of having sample neighbor-
hood meetings in two or three sections of the City in order to observe
citizen response and interest. Council concluded it would be best to
have a Town Hall Meeting at large to include all neighborhoods for the
first such meeting to receive input from residents regarding the
development of future neighborhood meetings.
Council concurred to schedule a Town Hall Meeting at 6:00 p.m. on
Tuesday, April 6, 1993. Notice will be given later regarding location
with consideration given to the Council Chamber, Comrunity Center, or
new Senior Center.
Communications - Conrunications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
Rohnert Park City Council Minutes (14) February 23, 1993
City Manager Netter responded to Council inquiry that the remainder of
items listed on tonight's agenda were basically informational of which
copies of pertinent materials were previously provided to Council.
Due to the lateness of the hour, discussion of these items would not
be necessary except as signified in these minutes.
City Manager's report:
1) Security Pacific National Bank building - City Manager Netter advised
this building has been listed for sale in the amount of $580,000.
2) Report on information received at the League of California Cities'
City Managers' conference - City Manager Netter said he and Assistant
to the City Manager Leivo attended this conference. Mr. Netter
reported on same advising about discussions related to negotiations in
these economic times. He said sessions were attended on ethics and
distributed copies to Council of League of California Cities rough
draft Model Ethics Policy dated February 1993. W. Netter briefly
shared comments relating to contents of the draft and said
consideration could be given to same as City policy.
3) Dedication of New Public Safety Building - Council concurred to late
afternoon of proposed date - Wednesday, April 28, 1993 - Discussion
followed related to the logic of serving only non - alcoholic beverages
at this dedication. A motion was made by Councilmember Gallagher to
not serve alcoholic beverages at this dedication. Said motion died
for lack of second.
4) Dedication of Magnolia Park - Proposed date - July 4th, 1993 -
Discussion ensued during which concerns were expressed related to
requirement of paying overtime to staff required to work on holidays,
weekends, etc. versus compensatory time off which applies only to
managerial positions. A motion was made by Councilman Eck, seconded
by Councilmember Spiro, and unanimously approved, specifying
preference to a date other than the 4th of July for the dedication of
Magnolia Park due to the likelihood that many people will be out of
town on that holiday weekend.
5) Miscellaneous, if any - City Manager Netter referenced copies provided
to Council of memorandum dated October 28, 1992 from Santa Rosa City
Attorney to all Department Heads (except Chief of Police) regarding
recovering costs of subpoenaing city employees in non -city cases.
He shared contents therein whereby city employees are instructed not
to accept any subpoena in a non -city case unless that subpoena is
accompanied by a check for $150.00. City Manager Netter said staff
recornends following this procedure. Discussion followed during which
Council concerns were expressed regarding the legalities of this
procedure. City Attorney Flitner acknowledged he would review the
matter further and report on same at a later date.
City Attorney's report:
1) Acre for acre /development fees - Due to the lateness of the hour, this
item was deferred to the next Council meeting to be scheduled as a
separate item earlier on the agenda.
Rohnert Park City Council Minutes (15) February 23, 1993
2) Requests by League of Calif. Cities to join in amicus briefs:
a) Oden v. PERS - relating to employee fringe benefits
b) Freedom Newspapers v. Orange County PERS Board of Directors -
relating to Brown Act provisions for public meetings
c) Hyland v. Wonder - relating to dismissal of volunteer person
City Attorney referenced copies provided to Council of these requests
to join in amicus briefs as listed on the agenda. He shared contents
therein and responded to various Council questions regarding same.
City Attorney recommended support of all three as requested. Council
concurred support of these three requests by the League of California
Cities as long as the second request relating to the Brown Act affects
only open meetings.
3) Miscellaneous, if any - None
Matters from/for Council:
1) League of Calif. Cities, North Bay Division Quarterly Meeting,
Thurs., Mar. 4, 1993 - Informational
2) Joint meeting with School District - Tuesday, March 30, 1993 - Council
concurred to the importance of retaining this date for the joint
meting with the School District which Rohnert Park will be hosting
this year. Therefore, Council agreed the Town Hall Meeting which was
previously considered to be held on this date, should be postponed to
April 6, 1993.
3) Mayors' and Councilm ni ers Executive Forum, July 21 -23, 1993 in
Monterey, Ca. - Informational
4) Miscellaneous, if any - Councilmember Spiro said, due to the lateness
of the hour, it would not be necessary to review the miscellaneous
items she referenced earlier.
Rohnert Park District matters - None
Other unscheduled public appearances - None
Adjournment Mayor Pro - Tempore Reilly adjourned the meeting at approximately
*10.15p.m.
*CORRECTION from 3/9/93 Council meeting: Change to 10:00 p.m. adjournment time.
De y C' Jerk
yor Pro-T re
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1w
/9.
ake M
M: CITY COUNCIL NEIRMS
FROM,, JAKE
1336 GLADMNZ KAY
SUBJECT* DRAFT RESPONSE TO GRAND JURY REPORT
T STRONGLY URGE YOU TO CONFL MY REDRAFT THIS
PROPOSED RESPONSE FOR THE FOLLOWING RXAS=S:
11 TO AVOID A AXPETITION'OF 19911S PROBLEMS.
A FLOW CHART DELINEMING THE PROCESS pOR
ANNMTION SHOULD BE PUT IN PLACE IMMEDIATELY.
THE COUNCIL SROULD HAVE A DRAFT REVIMUD BY
NZXG'HWUFJWW GROUPS, THEN BY A RRC=WxTtnw
CITIZENS ADVISORY GROUP. FRANKLY THE CURRXMT
PLANNING COMISSION IS NOT EQUAL TO THE TiLSKI
23 THE COUNCIL CLEARLY DENIED ALL DXVRWpERS EWAL
PROTECTION UNDER LAW. AS I HAVE
STATED,." VHATfS THE RUSH ?A THE COUNCIL M*LD NAMs
STV= TO ITS GENERAL PLAN Op 19-900 PST
PARKPS "CONSTITUTION FOR GROWMU- THE COUNCIL
SHOULD AMT TM RanOR op M SPAYS AND ---------
RBCAXTI
:MWIM
I 7.A&ZJ
PM
E "Mm
..2
. ►ll
CCUPLAISANT FROCRSSES OF PAS
CLEMLY D$SERYES BE'ITTBR THAN THNJ=Affl RESPONSE-
OFFERS.
THIRR ARE MANY OF US WHO ARE WL-T IW6 TO a VE
OUR - WD EXPwI8R TO gOLVE THUS QUESTIONse
LETS$ USE THIS OPPORTUNITY TOF PUT
DEF$N$IBLE PMXZDtIM NHI:CH-W=
FORNARD R1�TI"ONiI►LLY NQT DRI i3Y THE•
OF A FEN FAVOUMM DEVELOPERS.
l orn: Helen Dell, 4464 Gray%4iater Lane
Subject: Response to the Grand jury Report.
,A nurnbor of citize.i-ts of Roftnert Park have expressed a concern t.(,) Us regarding the responses to
tfie (..,rand jUry, report fron) the city council,,, the city attorney and the city manager. The citjzcns
are tl.fae, people %/-h(-) pay taxes flo run this city and think YOU Should, all react responsibilly to the
a[lcg ation.s, "Wilhout an atterapt to ignore the critical aspects of the report an,-d thus "shove 11-to
inatters under the rug.''
1 h fotlowing allegations, are of great. concern to us:
1. "he cavaller a:iJitUd(-� With, which the previous City Councit has treated the insufficiency of the
Waste water Ireattnent capacity of Rortinerf Park, 1,et me poltit out:
a. (Quote frorn the Go'neral Plan. of 1990) ... Nie City at present does not tiove sufxfici(�nt
was t(wester treatmenl capaC,'1it'-` to fully G"I'V-10p 1 i3 ac us of laiad designated for residential
devul,Oprnerit, J(. cate,�d witflirt the City limit's.,,
t). A letter from Hewlett Packard whict-t rc-,;ques[ed approval of a conversion. of a portion.
of IL-Is unus(,,,(1- itidustriai oewer allocation to residential, sewer alloc;.ation. ►'h(--,% draft totler was
wit.l.1 the City IManager, but he cild not, inform. the City Council and other staff P-lembers
of this dralt letter or ils potential. impact on ttie finaittA capacity of the waste*water systerft-
Why was thi's?
2. '],he cavalier attitude frornIttAt City COLIFICIL'It.-t regard to the stated and re- i-teratoll desire of
the citizens to restrict the population of Lt.ie city to slow growth, with. an estimate of 36,400
ro,sidenis in 19T7, a-ad a limit of 40,000 in 2000, We now in 11)9,-' have over 38,000 residents.
3,
the' he cavaher allfflude from that City C'OUT161 to 9iVe Unequal access to City Council ineinbers,
and fa-v(.-.)rifJsm. towards certain. developers and real estate brokers, One developer claimed that
it -was; pubfic know.lc-,,chge tl-.tat. if sorrteone pays a HO (X, c("�) 1TI'm i's sion. to (Name on-titted) will lobby
Lh'c City wn. On-C. developer's behalf. (p. t03-1992 Scmonia COMAY Grand. jury Report
a F've developers in addi-tiori, to the favored developer proposed annexatiorts after LI-to
adoption of the General Plama of 1.9919 . Tl%foone oth,,ar was accepted 1,)ecause of the following five,
(Y n. s:
,,,) They used sizing areas as the only variatlio n. but ignored the
s=ffesf, sized an.n(,-nmiion request of 6.89 acres.
o They ignored a request to rezorw property ,vithirt [he city limits
as a vietble option. to add 11ow/ ni oder ate in(,%omc,,, hou sing. - thereby negating the n,ee(l
n
t erW, General Plata.
update their Getieral, Plan, sav,i,-!,g all costs of a
o They ignored a reqUe'.3,[ to arinex land that, is witf-iin the Sphere of Itafh-lence, of
the existing 1,1,.ohnert Nirtc plantaing area, that is, the Canon Matior's request. The reason
give was that the Council was already headed for t.he 80 acres because of the off orfronn
.—and that 'when. makes .-...an offer evo.,-�rycne list errs.
I
o Lising Most limited Pub tic Debate as a plannJi-i.g option. This is in. direct 'violation, of
the Code of Ethics of the American. InSti4.U10 Of Certified PlIartners Code of Ethics.
is Using Mompleted Prior to the Election as a planning option, This is in direct
Violati,ort of tl--iecodo of Ethins of tl-ie. Anacrican lnstitutc of Dc.,rtificd Planners
(To say Mat this code cannot bo onforced and therefore you can, ignore it., is not
oitty shameful, but is also immoral and unethical.)
o ''No an.n.exation'"was ever considered as an (.'.)p[ion. by L to C"ouncil
Con,imiltee Or the staff to the (,Aty
Q 10, t 992 2 Son(= Ounty Rand jury Fkport
I The cavalier attitude of that City Council in their expend0re of nioney- for a General Man
update costing $100POO and airned speciNcafl:y at the :inn oMon of an 80 acre plot as proposed
to one particular developer. (1.. 106, 1992 Sonoma County Grand jury Report
5, [ thirik the city attorney (lid us a disservict by not addressing the issue of the Williamson
,Act restrictions on bui.k.-Jing, untit one Of OLIf" citizet-ti, now is
Council rf-10friber, br(Ughit it U) his attention- W.hy didri'ttie knw,,�? That's t.tis job. (ODe Of Line
rea�,sons given for accopting that pr() (sal was the shorter time it would t,,.,4ke for developtnertl
sirtc,u 4 be developed until 1 this variation Should rude (,)L-,,t thiis proj,,,ct.)
6, 1 think the, city manager did us a disservice by ignoring the ffewlett-Packard request. Why
wasn't this done? The Nwaste watet" capacity had already been allocatted for tfais projecl, "Would
Us use have Verfered wi,th tfw 80 Acre arinexalion. decision?
111 SMnm�.-)ry, Rof.).nert Fqrk is a city Of naatiy irtelligenQ gifted people Vto are a credit to Our
wNty, wha I �-vv 0 ftc,"t tl-i at Mu'sIL .,,Iht--ovod undur the rug au-5- utifinportant, who
fr We ow have a City Council Who,
make-theIr HvIng honeMy and without questionable tactics. N
on the surface, seena to hold thw public interest as their basis for decision making. We are
counting on. you to treat us with the respect and credit that we are due. We expect better
treatment from yvm then was given to us by past My Councils. Please take this (grand Jury
req-)orf. sorj.oLjsQt Take the charge responsibly to redress L.he errors, of tfi,e past, as the nout-
biased Jurors 1-tave pointed out..
a4l-1 J;
2/23/93
To: Rohnert Park City Council
From: Daryl L, Delf
4464 (3raywInal.or Lane
Coun.""il Inernbers:
Please keep in mind that the report to the Grand jury fret n OLir
City is also a report to the cilizens of our City. We have the right
expect that the recommetidations will be consi (Jere d a call to aclion.
Nease do not soft pedef this report and hope that it, will. go away. We
as citizens should no,[ sta.ad by, and let this happen, This report should
not mean that the council will merely report that "We really have only
a few f av, ft s b Lit P(,�rll�-IPS K,,/ ith a workshorp or two we will Rave done
what needs to be don,-." t for one believe tha t. we are justified in
capeoOng serious tRught follo�,;Tecl by posAive action on each of the
rocoinniendatAns.
Other Hues are higil-fthied in the Grand jury repom fri
several locations it was pointed out that the city staN faded to repoN
to the Council and seemed to have not been as well informed as
should be. Certain.lyit fi.asbce-a dicar as wo ohserve the action of our
st,aff Iftey advoca-Led action contrary to the w-islies of our citize-ri as
expressed in the general plan research. We should be able to expect.
that our A& will t)e well iiiformed ptuff ionals in supporting the
wishe ,,, of Ltle citize'.r.is of the C"ity.
Let us observe that our City will take positive, action in giving
seHous thought to the recommendadon of the jury. And let us hope
that we dori'l have to fQht City Hall to get support. froy)i. our city staff.
CO -H -HR COMMITTEE
Community Outreach *Housing • Human Relations
Committee
(Beneficial Projects to City)
• Boys /Girls Club
• Help for Teens
• Inter -city Co- operation Team
• Volunteer Center
• Tree City Status
• Build A Playground
• Christmas in April
• Adopt -A -Park
• Housing - Task Force Type
• Subcommittee
• Neighborhood Groups
• Survey
• General Plan 94/95 with
• Sonoma State University
5_T R C
• Members -Eleven
• Rohnert Park Resident Members - Five
(Appointed by Council)
• Outside Members - Five
(Appointed by Council)
• One Member Elected by Ten Members
• Kathy Vander Vennet
• Jim Park
MIIEIE�iJZI�C��
• Once a Month
• A three member subcommittee will be formed to handle each new project as they arise!
CO • Ho HR COMMITTEE