1993/10/12 City Council MinutesRohnert Park City Council Minutes
October 12, 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 Commerce
Boulevard, Rohnert Park, with Mayor Hollingsworth presiding.
CALL TO ORDER -Mayor Hollingsworth called the regular session to order at
approximately 6:30 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 and personnel
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, and Finance Director Harrow.
Approval Upon motion by Councilwoman. Gallagher, seconded by Councilman Reilly,
of the minutes of September 14, 23 and 28, 1993 were unanimously
Minutes approved as submitted with abstentions due to absence from meetings
as follows: Mayor Hollingsworth for September 14th minutes; and
Councilwoman Spiro for September 23rd and 28th minutes.
Approval City Manager Netter responded to Council questions regarding the bills
of presented for approval. .He said it would be necessary to report on
Bills the purpose of check #56629 to Francisco Foods, Inc. in the amount of
$10,000 at the next Council meeting. City Attorney Flitner confirmed
previous response to Councilman Eck's inquiry regarding payments to
Caltest Analytical Laboratory that there would only be a very remote
connection because of his wife's employment at Caltest. City Attorney
Flitner said, in order to be careful, Councilman Eck could signify an
automatic abstention. It was also confirmed that Councilwoman
Gallagher could signify an automatic abstention for her objection of
payments to the Sonoma County Wineries Association as reviewed at
previous Council meetings.
Upon motion by Councilman Reilly, seconded by Councilwoman Spiro,
City bills presented per attached list in the amount of $698,622.20
were approved with automatic abstentions as follows: Councilman. Eck
for payments to Caltest Analytical Laboratory; and Councilwoman
Gallagher for payments to Sonoma County Wineries Association, and with
staff to report on check #56629 at the next City Council meeting.
Non- agendaed Mayor Hollingsworth queried if any Councilmember had any non - agendaed
matters items to add to the agenda. No one responded.
Rohnert Park City Council Minutes (2) October 12, 1993
Unscheduled Mayer Hollingsworth stated that in compliance with State Law (The
Public Brown Act), citizens wishing to make a comment may do so at this time.
Appearances Under legislation of the Brown Act, in most cases, the Council cannot
handle an item without agendizing. To ensure accurate recording,
"Speaker Cards" are provided at the entrance of the Chamber and
persons speaking under unscheduled public appearances are requested to
submit completed cards to the recording clerk.
Jake Mackenzie, 1536 Gladstone Way, representing Rohnert Park Residents Association,
expressed surprise at the recent direction to remove a sign from the
Exxon Service Station property at the corner of Commerce Blvd. and
Rohnert Park Expressway. He said this location had been used many
times in the past for campaigns and other types of advertisement for
non - profit organizations. Following further inquiry, Planning
Director Skanchy also confirmed to Mr. Mackenzie earlier today that
such signs could no longer be placed at this corner. Mr. Mackenzie
said he would be watching that corner to be sure this direction is
consistent. He also advised that Councilman Eck would be at the
upcoming green belt meeting to be held at 7:00 p.m. next Wednesday,
October the 20th.
Discussion followed during which concerns were expressed regarding the
need for a community based billboard for use by non - profit
organizations that would be reasonable and yet compatible with the
existing commercial restrictions of A -frame signs. Reference was made
to previous communications with the owner of Safeway regarding such a
comrunity based billboard at this location, to which City Manager
Netter responded there was not much success toward the possibility
when he directed Planning Director Skanchy to follow up on it, but the
matter could be pursued further. Councilwoman Spiro advised that
ownership of the Safeway property location has changed since the
initial communications ensued regarding arrangements for the
billboard. Ownership of the property has transferred from Leonard
Garrison to his grandson, Bruce Wilson. Discussion continued regarding
the possibility of the Rohnert Park Resident Association meeting to be
posted on the Performing Arts Center view board. It was concluded
that staff would check with the Director of Performing Arts to
determine its availability and communicate this to Mr. Mackenzie.
Helen Dell, 4464 Graywhaler Dane, said she was expressing concerns as an individual
and not as a representative of any group. She referenced two October
11th, 1993 Press Democrat articles regarding proposed expenditures for
the Expressway overpass and a third golf course. She said she knew
these developments had been vaguely discussed previously but these
newspaper articles were much more specific. Mrs. Dell reviewed
numerous concerns related to the cost of these projects and questioned
the wisdom of the use of funds for same as compared to more pressing
community needs such as undergrounding of A and B sections, increasing
the number of Public Safety Officers, a swimming pool in G section.
She asked how could negotiations for the golf course proceed with land
owners within a few weeks without proper agreement and direction. She
said there needs to be a public hearing on the golf course proposal
because there are questions to be resolved such as how mach access
will there be for all types of players and what will the real cost be
since the figures in the article did not specify the cost to purchase
the land.
Rohnert Park City Council Minutes (3) October 12, 1993
Discussion followed during which Mayor Hollingsworth and City Manager
Netter clarified that the golf course article referred to preliminary
negotiation meetings for, basically, a conceptual idea related to land
that has been tied up for a number of years in an estate settlement.
The Mayor agreed with the speaker's concerns related to project
priorities for City expenditures and said he would only agree to the
golf course proposal if it could be developed at no cost to the City.
City Manager Netter said these are only initial discussions for an
idea that is not going to happen in a short time but the hope is to
keep the land for open space purposes from a type of operation that
would require no money up front from the City and yet create new
revenues. This idea has been discussed for many years. In response
to Councilwoman Gallagher's comments related to the likelihood of the
County's interest in the proposal and the City's inability to annex
without a thorough General Plan, City Manager Netter said the project
could continue without the land being annexed into the City thus
allowing for increased property taxes and sales taxes to go to the
County. The green fees and other golf fees would go to the City to
pay the debt service on land and improvements. Mr. Netter also
answered Mrs. Dell's question regarding annexation fees and said, for
the overpass project, discussions referred to annexation fees already
collected and are in the reserve fund.
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. City Manager Netter said Resolution
No. 93 -117 rejecting the claim of Arlis Sunpter and Allen Sunpter
should be removed from the Consent Calendar as it was an unnoticed
late filing. There is a different set of procedures to follow for
claims that are filed late.
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolutions:
No. 93 -115 COMMENDING JERRY R. BICK, JR. ON THE OCCASION OF HIS RETIREMENT
No. 93 -116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING
THE CLAIM OF THOMAS FITZSIMADNS (c /o ATTORNEY CARL B. SHAPIRO) RE.
ARREST FOR SHOPLIFTING
No. 93 -118 A RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING A PAY RATE FOR
SENIOR RECREATION LEADER (PART -TIME)
No. 93 -119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
PROCLAIMING OCTOBER 23 - 29, 1993 AS "RID RIBBON WEEK"
No. 93 -120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK THANKING
KONOCTI GIRL SCOUT TROOP NO. 5 FOR THEIR PARTICIPATION IN "HANDS
ACROSS THE COUNTY, COMMUNITY ACTION DAY ", SATURDAY, SEPTEMBER 24, 1993
Upon motion by Councilwoman Spiro, seconded by Councilman Reilly,
with the exception of removing Resolution No. 93 -117, the Consent
Calendar as outlined on the meeting's agenda, was unanimously approved.
Rohnert Park City Council Minutes (4) October 12, 1993
Scheduled Public:; Appearances:
1) Linda Holm, 1247 Camino Corto, Chairperson of Rohnert Park Cultural Arts
Commission, shared contents of her letter dated October 4, 1993
reporting on the project of the Cultural Arts Commission to preserve
the history of Rohnert Park including the need for storage space for
related material. She said recent communications with Mrs. Jensen,
representative of the Library, has signified that the Library is
willing to take on the responsibility of documentation and location of
this historical preservation within the concept and plans for the new
public library proposal. Ms. Holm expressed appreciation for current
efforts of the City Manager for researching City facilities for
interim storage space. City Manager Netter responded to Council
questions and reviewed various options that have been considered. He
confirmed that continued efforts are in process toward the need for
this interim storage space with the possibility of space being
provided in the portables located at Rancho Cotate High School
adjacent to Friends of the Library space.
2) Herb Cody, 1092 Camino Corto, Chairman of Women's Self Defense Network, shared
contents of letter requesting funds to implement a free, after school
self awareness /self esteem program to promote safety in a non - violent
manner to be operated at the elementary schools. He distributed to
Council additional information pertaining to estimated costs of the
program and recent Press Democrat article listing numerous Santa Rosa
schools currently participating in the various martial arts programs.
Discussion included complimentary comments of the potential of this
type of program in communities and concluded in Council direction for
W. Cody to meet with staff to further review details of the program,
as well as placement on the upcoming joint meeting agenda with the
School District and the City of Cotati scheduled for October 28, 1993.
It was the consensus of Council that this program should be developed
through a joint effort with the School District and the City of Cotati.
4 -H Foundation of Sonoma County:
City Manager Netter shared contents of letter dated September 24, 1993
from the 4 -H Foundation of Sonoma County requesting Council's
consideration of waiving Development Fees for the 4 -H building to be
located behind the Payless Drug Store in the Albertson's Shopping
Center. He explained that building fees have not been waived in the
past for others including such non - profit organizations, though the
Council has agreed to defer payment of the fees for a specified time
period such as one year. Therefore, staff recommends not waiving the
fees but establish payment plan arrangements with flexibility.
Jim Groom, President /Chairman of the 4 -H Foundation, reviewed fund raising efforts
toward the construction of the 4 -H building and said the land was
donated by Hugh Codding. He said preference would be for the fee
waiver but agreed working out a payment program would be better than
nothing. Mr. Groom further explained that the 4 -H organization cannot
be encumbered according to its by -laws which requires current payment
of such projects as development proceeds.
Rohnert Park City Council Minutes (5) October 12, 1993
Discussion followed during which Council expressed support of 4 -H
endeavors and the desire to do everything in its power to help such
4 -H efforts to succeed. Various concerns were expressed regarding the
complexities involved for any type of fee waiver that could be
precedent setting. Council concurred that consideration should be
given to the early stages of heavy construction costs of the 4 -H
building and directed staff to prepare a payment plan comparable to
past records of such payment plans with other non - profit
organizations.
Introduction of Senator Milton Marks:
Mayor Hollingsworth introduced Senator Milton Marks from Sacramento
who was present at this Council meeting. Senator Marks made comments
stressing that he voted against issues that took funds away from
cities. He responded to questions and said he was doing everything he
could to help local municipalities but could not give any guarantees.
He also confirmed to inquiry that he is a democrat and that the
current listing from the League of Women Voters signifying him as a
republican is incorrect.
Alcohol offense /loud party ordinance for adoption:
City Manager Netter explained the ordinance for adoption which was
introduced at the previous Council meeting. Discussion ensued during
which Councilwoman Spiro expressed concern to the reference of minors
in the ordinance since it is understood that it is against the law for
any minor to consume alcoholic beverages. She said, however, that she
could support the ordinance if it specified minors and /or adults and
if the number five signifying the number of participants to constitute
a party were removed, since such disturbances are not limited to a
certain number of persons. Council agreed.
Ordinance AN ORDINANCE OF THE CITY COLNCIL OF THE CITY OF ROHNERT PARK ADDING
No. 581 CHAPTER 9.48 TO TITLE 9 OF THE ROHNERT PARK M..,NICIPAL CODE RELATING TO
MINOR AND /OR ADULT ALCOHOL OFFENSE /LOUD PARTIES AND IMPOSING A POLICE
SERVICE FEE
Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher,
and unanimously approved, as amended to include throughout the context
of the ordinance "minor and /or adult" and with removal of the
reference to the number "five ", or any number constituting the size of
a party, reading of Ordinance No. 581 was waived and said ordinance
was adopted .
Garbage matters (cont'd from 9/28 Council meeting):
City Manager Netter noted that a public hearing was held at the
previous Council meeting. Three additional letters have been
submitted from Garbage Reincarnation Inc.; the Sonoma County Community
Recycling Center; and Rick Luttman. Several staff reports were
provided to Council pertaining to this matter including considerations
before issuing request for proposals, structure of a request for
proposals, consideration of City ownership of equipment, comparison of
contract alternates, and miscellaneous refuse issues. Two resolutions
for consideration were provided to Council: 1) setting garbage
collection rates and 2) approving the second amendment to the
agreement for garbage collection and disposal.
Rohnert Park City Council Minutes (6) October 12, 1993
City Manager Netter summarized updated information. Mr. Netter
explained that since the residential rate change would now occur
January 1st at the earliest, staff recommends that the differential be
made by making a payment to the contractor if the long term
alternative is approved. The long term extension offers the lowest
rates for the greatest level of service and is the best alternative
for this city.
Discussion followed during which Council shared differing opinions
regarding the complexities of this issue.
Public Comments - Mayor Hollingsworth opened the meeting to receive additional
public comments at approximately 7:45 p.m.
1) Barry Adams, 1214 College Avenue, Santa Rosa, Ca., Attorney for Industrial
Carting, shared comments relating to the city staff reports. The
issue is competitive bidding. The point of view of Industrial Carting
is the contract should be tested against the market place.
Industrial Carting certainly is not the only one to compete. Mr. Adams
agreed with the extended term contract to 1997. Inclusion of
language in the contract for an additional term extension beyond the
4 year period was unreasonable. He reconfirmed his opinion that the
compost portion can be put out to bid. He discussed competition
bidding conducted by the school district and the City of San Jose
which resulted in savings. Mr. Adams also expressed concern about the
accuracy of the comparative cost analysis provided by city staff.
2) Lisa Hardin of Industrial Carting, 3911 Santa Rosa Avenue, Santa Rosa, Ca.,
shared contents of informational material distributed to Council
regarding City of Fremont- Collection/Recycling /Disposal System. She
submitted a petition signifying support of competitive bidding for
commercial and residential garbage services, debris box, composting
and recycling services. Ms. Hardin said she has attended several work
shops regarding this matter and has shared the information with
various individuals. She questioned the cost plus 7% profit in the
existing contract and asked if there has been independent outside
audits to determine real costs. Is there a limit established for
charges not to exceed a certain amount? Ms. Hardin shared the example
of the County of Alameda which was approached by Empire Waste for
reimbursement according to a cost plus profit formula.
3) Bert Terreri of Industrial Carting, 3911 Santa Rosa Avenue, Ca., said the issue
here is monopoly versus independent bidding. He expressed concern
that most of the information distributed to Council seems to give the
appearance that Industrial Carting is against the City, which is not
the issue. There is an erroneous impression that Empire Waste has
some sort of cost advantage over other companies. He said BFI,
Industrial Carting, or any other company would have the same
advantages to comply with the composting requirements of AB939.
Whether or not Industrial Carting gets the bid or not, existing
resources will be utilized. Mr. Terreri felt if any company is to be
scrutinized it should be Empire Waste. It has had the contract since
1985. He expressed concerns regarding unaudited accounts. The
proposed CPI formula would mean those figures would never be audited.
He said he would like to offer another solution. Give Empire Waste
Management the first right of refusal. Make it a cost bid so that any
company that makes the bid can use the 7% profit margin. He did not
think the cost figures presented tonight had been adequately analyzed.
Rohnert Park City Council Minutes (7) October 12, 1993
4) Curtis Michelini, Owner of Industrial Carting, 3911 Santa Rosa Ave., Santa Rosa,
Ca., said he grew up in this county and his small business has
provided services for 35 years. He felt the issue was monopoly versus
competitive bidding and expressed concern that mach has been done in
the staff report to devalue Industrial Carting. He said the point is
whether or not the City supports competitive bidding. The Council
owes it to the people who put them is office to put out RFPs (requests
for proposals). He said he is just a little company that grew up here
and wants to give back to the community on the competitive bid basis.
He asked for the chance to compete and requested Council to
acconTnodate small business.
5) Eric Knight, 7098 Avenida Cala, said this is a very hot issue with defensive
comments running back and forth. Empire Waste Management has had a
long 18 year history with the City. It is not easy to consider other
options. Mr. Knight listed some of the needs of the community
mentioned during this meeting such as library expansion, swimming pool
in G section, waiver of fees for 4 -H building. The bottom line is
money. Everybody wants a break, so it is understandable that Empire
Waste wants Council to secure the contract. If other options are not
considered, how will we know that Empire is offering the best deal.
If open bids are pursued, the City may discover that the City can save
money, even with Empire Waste Management.
6) Kevin Walbridge, Division President of Empire Waste Management, 4309 Hatteras
Court, said Council has heard a lot of information tonight and over
the past year but there are only two issues to decide. Do you want to
expand and how do you want to do that? There are various options.
You have a contract that will last two more years. A good business
decision is to extend this contract to get the most for the buck. The
decision to shorten the term to "save money" at an unnecessarily high
price does not make sense. Deciding to raise rates today so that
sometime in the future, maybe in two to four years, you can hope to
lower rates is not logical. The rate increase signified in the
current negotiations is necessary for the expanded service. What you
are in the middle of is a political situation. A lot of my work is
bid out but today is not the time or the place to do this. San Jose
took two and a half years just to prepare a request for proposals.
The process is not that simple. City staff has done a good job
evaluating the situation. Rohnert Park does have the lowest rates in
the area. Staff has kept those prices down through negotiations.
There being no one further desiring to speak, Mayor Hollingsworth
closed public comments at approximately 8:07 p.m. and invited Council
responses and recommendations to these garbage related matters.
Councilwoman Gallagher said she questioned a number of things and, for the record,
recommended competitive bidding, as well as enactment of an ordinance
for the transaction of future contracts which has been a procedure
established in some other cities. She referred to recent
communications with an outside attorney regarding promises made to
citizens and her recall of several meetings ago when the idea was
brought up of waiting to vote on this issue until conclusion of the
grand jury investigation regarding solid and wood waste provisions and
procedures connected with the committee being headed by Assistant
to the City Manager Leivo. She said she would not be voting tonight
Rohnert Park City Council Minutes (8) October 12, 1993
on this issue but would wait for results of the grand jury report.
Ms. Gallagher referred to creative procedures by San Jose using BFI
for residential rates and advised that San Jose did go to commercial
rates. She made comparisons with organizational abuses in San Jose to
be settled in court next month involving the indictment of eight
people and expressed her opinion that the same type of organizational
abuse in other cities is happening right now here in Rohnert Park.
Councilwoman Gallagher said she needed to make these comments in the
public interest. In response to Council inquiry for clarification of
terms and what basis she recommended going to bid, such as splitting
the time table, Ms. Gallagher said she totally disagrees with the
opinion of the City Attorney that Empire Waste legally gets the
yardwaste composting for the term of the contract. She said AB939 is
a behavioral change for the State of California and she did not know
what would be done regarding landfills, but whatever it takes, it
would have to be diverted. She asked why not go to competitive bid
for that and Empire Waste could have first right of refusal, then the
City could see if it could get a cheaper yardwaste /woodwaste
procedure. She said if Empire Waste can do it for less, that's good,
but it would not take long to find that out. Councilwoman Gallagher
referred to Santa Rosa's consideration to extend its garbage contract
and said other cities are looking at Rohnert Park as an example. She
said there is time to look at the other issues.
Councilman Eck said he could not agree with Councilwoman Gallagher's black and white
approach. There was still no clear direction on how and what to bid.
He said the statement is not true about Santa Rosa. If people want to
put off the yardwaste /woodwaste procedures, for how long could this be
done? Whatever decision is made, others will second guess the actions
of Council. We should go ahead and get it resolved. It is hard to
argue with the idea of competitive bids but the numbers in the
contract also have to be considered. He would also like to get to the
CPI formula. There is the need to be comfortable in obtaining
comparable service and rates. The buyout option seems to be the only
other viable alternative which narrows the choices down to two
options. Councilman Eck said, after full consideration of the
alternatives, he thought it would be necessary to favor the extended
term. He said he would like to hear from the rest of the Council to
see if it might be leaning towards the buyout plan. There were some
recommendations he would like to add if the extended term is preferred.
Councilwoman Spiro expressed full agreement with above comments of Councilman Eck.
She said each Councilperson is here to represent the people: Everyone
does not fully understand the legalities of existing contracts. Ms.
Spiro said she listens to the City Attorney. The chances of a lawsuit
are too risky for the City to consider breaking the contract with
Empire Waste and taking the yardwaste and composting elsewhere.
Councilwoman Spiro said she had no problem with competitive bidding,
but if this contract is put out to bid, the City would have to deal
with legal fees. People would not be very happy with us and would ask
why a contract was made and then broken. Therefore, she could not be
in favor of anything that would break a contract. The buyout sounds
good as it would provide an opportunity to do what needs to be done
Rohnert Park City Council Minutes (9) October 12, 1993
while the City is working up bidding specs. Ms. Spiro pointed out
that she did not like the idea of no competition but there are such
things as unsolicited bids and she has not seen one. Others say they
can do everything and there has been a lot of talk but there have been
no concrete proposals submitted. She said Mr. Michelini made an
important comment about Empire Waste's bids being below costs to
limit competition in order to take a contract. Councilwonm Spiro
said she did not know whether that was good or bad but maybe that is
why the City has the low rates.
Councilman Reilly said, because of the existing contract, all garbage related mater-
ials will be picked up by Empire Waste Management for the next two
years if the City wants to incorporate a yardwaste pick up program.
Therefore, the question is to proceed or do nothing for two years
regarding yardwaste pickup. The bottom line for him is the cost. He
reviewed cost comparisons between the alternatives of no term
extension, extended term and buyout which includes consideration of
the anticipated CPI formula. He said a family the size of his would
not be able to come down from the 90 gallon container so the savings
offered by the use of smaller containers would not be an option for
the average family.
Discussion followed during which Council further reviewed differing
opinions regarding the garbage collection alternatives. City Manager
Netter clarified that the City did have an external audit on Empire
Waste in 1991 and an internal audit by staff in 1992. To proceed with
the 1993 audit depends upon results of the contract renewal.
Mayor Hollingsworth said he would like to specifically extend credit
to City staff that has to sit here and take whatever abuse or praise
the Council hands out. He thought some unjustified abuse had been
laid on staff by one Councilperson in particular. The Mayor suggested
that she is the source of misinformation, innuendoes, half- truths and
suggestive "I don't knows ". It is the responsibility of the Council
to make decisions which includes directives to staff. Mr.
Hollingsworth dislikes it when an unkind approach comes into
play by one Councilmember. There is no need for such comments and it
is not an appropriate way to run city government. Mayor Hollingsworth
said he did not think any City staff members were deliberately giving
out misinformation. He served on the Council when the 7% profit
margin was considered. Every time the Council discussed this issue
over the past 13 or 14 years, the City always negotiated a contract
lower than any city in the county and continues to do so. Mr.
Hollingsworth said he does not know another community where it is
permitted to place a full garbage can out for pickup plus an
additional 15 plastic bags full of trash without being charged extra.
He said, like Councilman Eck, he toyed between bidding and extending
the contract. He said he knows that the business people have been
subsidizing the residents of Rohnert Park. This was part of the
benefit and privilege of doing business in this community. He
expressed concerns about not going out to bid but rates could be
lowered the first year in order to get the bid and then increased
excessively thereafter. It is the responsibility of this Council to
Rohnert Park City Council Minutes (10) October 12, 1993
RECESS
100LOULUM01i�
provide the citizens with the lowest prices. Mayor Hollingsworth said
that he hoped in the future, however, that the people are not given
half- truths. Nothing is gained by innuendoes. The Mayor expressed
appreciation to staff for providing informational reports as requested
by Council and said, as far as Carl Leivo serving on the Joint Powers
Authority, he was sure he furthered the public interest when he
accepted that appointment and responsibility. He took exception to
that remark made previously during this meeting and to the derogatory
remarks about the competence of the City Attorney. The Mayor said
with the clarification of these two comments, he was now willing to
take Council recommendations on the garbage item.
Discussion followed during which Council extensively reviewed
advantages and disadvantages of the alternatives specifically related
to costs. It was pointed out that the buyout option would be even
more costly than revealed in the estimated figures because of various
factors like replacement and maintenance of equipment, as well as
additional liability problems and costs. The Mayor said the buyout is
intriguing, but he was not sure it would work. The savings of
interest forgiven by Empire Waste with the extended term option was
also mentioned as an inportant factor. Councilwoman Gallagher said,
for the record, that more money would be saved if the City would go
with competitive bidding than the specified amount of $385,000 to be
forgiven by Empire Waste with the contract extension.
A motion was made by Councilman Reilly, seconded by Councilman Eck to
extend the contract with Empire Waste Management for the eight (8)
year term in order to retain the lowest possible rates for the
community with amendments in the the agreement as follows:
1) clarifying language in the contract for non - mandating of commercial
recycling; 2) excluding debris boxes from the exclusive franchise in
two years; 3) developing the organization of a special task force in
three years to be made up of individuals other than politicians that
could make garbage related recommendations to Council with more
clarity; and 4) specifying no automatic term extensions in the
garbage contract agreements. Said motion was approved by the
following roll call vote:
AYES: (4) Councilmembers Eck, Reilly, Spiro and
Mayor Hollingsworth
NOES: (1) Councilwoman Gallagher
ABSENT: (0) None
City Manager Netter confirmed that the appropriate revisions would be
made in the contract and resolutions for consideration of adoption
would be presented at the next Council meeting of October 26, 1993.
Mayor Hollingsworth declared a recess at approximately 9:05 p.m.
Mayor Hollingsworth reconvened the Council meeting at approximately
9:17 p.m. with all Councilmenters present.
Rohnert Park City Council Minutes (11) October 12, 1993
Refunding of the Outstanding 1991 COPS (Certificates of Participation) for Public
Safety Facility project - City Manager Netter introduced the City's
bond underwriters, Bond Counsel Bill Madison of Jones Hall Hill and
White and Ed Shelling of Stone & Youngberg who were available to
respond to Council questions, if desired. City Manager Netter and
Finance Director Harrow explained the resolutions for consideration
for this item and responded to various Council questions confirming an
annual savings of approximately $25,000 to the City by refunding
these bonds because of low interest rates in today's market.
Discussion included review of numerous funding priority possibilities
such as the new street lighting program and P.G. &E. utility under -
grounding in specified areas like Adrian Drive.
Resolution RESOLUTION OF THE ROHNERT PARK CITY COUNCIL APPROVING PRELIMINARY
No. 93 -121 OFFICIAL STATEMENT FOR PUBLIC SAFETY FACILITY REFINANCING, APPROVING,
AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN ANENDED AND RESTATED
LEASE REFINANCING DOCvUJTS, AND AUTHORIZING AND DIRECTING CERTAIN
ACTIONS WITH RESPECT THERETO
Resolution RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
No. 93 -122 CALIFORNIA, CONSENTING TO FINANCIAL PARTICIPATION BY THE CM4JNITY
DEVELOPMWr AGENCY OF THE CITY OF ROHNERT PARK IN THE REFINANCING OF
CERTIFICATES OF PARTICIPATION EXECUTED AND DELIVERED IN 1991 TO
FINANCE A NEW PUBLIC SAFETY FACILITY
Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, and
unanimously approved, reading of Resolution Nos. 93 -121 and 93 -122 was
waived and said resolutions were consecutively adopted.
RECESS Mayor Hollingsworth declared a recess at approximately 9:27 p.m. in
order to convene the Community Development Agency meeting.
RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately
9:54 p.m. with all Councilmembrs present.
Mayor Hollingsworth said, due to the lateness of the hour, only the
following necessary items would be reviewed as signified in these
minutes, and the remaining items listed on the agenda would be
deferred to the next regular City Council meeting of October 26, 1993.
Council agreed to review the item pertaining to the grant application
for the Public Safety Officers supplemental program which was
scheduled later on the agenda.
Public Safety Officers Enployment /Hiring Supplement Program - Grant Application:
Assistant to the City Manager Leivo explained the resolutions for
consideration pertaining to this item. W. Leivo and City Manager
Netter responded to Council questions.
Rohnert Park City Council Minutes (12) October 12, 1993
Resolution A RESOLUTION APPRnVTNC THE St.JFiwssiON OF AN APPLICATION TO THE POLICE
No. 93 -123 HIRING SUPPLEMNT PROGRAM AND AUTHORIZING THE CITY MANAGER TO SUBMIT
THE APPLICATION
Resolution A RESOLUTION ENDORSING THE CONTINUATION AND RETENTION PLAN FOR THE
No. 93 -124 POLICE HIRING SUPPLEM4T PROGRAM
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher,
and unanimously approved, reading of Resolution Nos. 93 -123 and 93 -124
was waived and said resolutions were adopted.
"Red Ribbon Week" request by P.T.A. - Councilwoman Gallagher referenced the Consent
Calendar resolution proclaiming October 23 -29, 1993 as "Red Ribbon
Week" and said the P.T.A. has requested Council approval to place red
ribbons on lampposts throughout the City during that time.
Upon motion
by
Councilman
Eck, seconded by Councilman Reilly,
placement of
red
ribbons on
City lampposts during Red Ribbon Week as
requested by
the
P.T.A., was
unanimously approved.
Street Light System Acquisition:
City Nbnager Netter explained the three resolutions for consideration
pertaining to the street light system acquisition. Mr. Netter and
Finance Director Harrow responded to Council questions.
Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING
No. 93 -125 SETTLEMENT WITH PG &E FOR PURCHASE OF STREET LIGHT SYSTEM AND
AUTHORIZING PAYNffiVT TO PG&E
Resolution RESOLUTION OF THE COL[VCIL OF THE CITY OF ROHNERT PARK APPROVING A
No. 93 -126 TEMPORARY LOAN FROM THE SEWER CONNECTION FEE FUND FOR THE PURCHASE OF
THE STREET LIGHT SYSTEM FRCM PG&E
Resolution A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE
No. 93 -127 PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY AND DIRECTING
CERTAIN ACTIONS
Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, and
unanimously approved, reading of Resolution Nos. 93 -125, 93 -126, and
93 -127 was waived and said resolutions were consecutively adopted.
Comtrunications- Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
Unscheduled
Public Mayor Hollingsworth asked if anyone in the audience wished to make an
Appearance appearance at this time. No one responded.
Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:00 p.m.
0—.� ALAI a - 1 ,
Depu Cit lerk Mayor
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