1994/04/12 City Council MinutesRohnert Park City Council Minutes
April 12, 1994
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 Reilly presiding.
CALL TO ORDER -Mayor Reilly called the regular session to order at approximately
6:05 p.m. and led the pledge of allegiance.
Mayor Reilly advised that a closed session conrenced this evening at
5:30 p.m. to discuss an existing litigation Workers' Compensation and
PERS personnel matter pertaining to Robert E. Dennett vs. City of
Rohnert Park as listed on the agenda attachment. He shared contents
of the Mayor's report regarding this matter (copy attached to original
set of these minutes).
ROLL CALL Present: (5) Councilmmbers Eck, Gallagher, Hollingsworth, Spiro
and Mayor Reilly
Absent: (0) None
Staff present for all or part of the meting: City Manager Netter,
City Attorney Flitner, Assistant City Manager Leivo, Director of
Public Works /City Engineer Brust and Finance Director Harrow.
Approval Upon motion by Councilman Hollingsworth, seconded by Councilwoman
of Spiro, the minutes of March 22, 1994 were unanimously approved
Minutes as submitted.
Approval City Manager Netter responded to various Council questions pertaining
of to the bills presented for approval. Mayor Reilly directed Council
Bills to call the City Manager on questions about the bills prior to the
Council meetings in order for the City Manager to obtain the necessary
information on the items and be able to respond to the questions when
presented during the public forum.
Upon motion by Councilman Hollingsworth, seconded by Mayor Reilly,
City bills presented per the attached list in the amount of
$783,361.13 were unanimously approved.
Non - agendaed Mayor Reilly queried if any Councilmmber had any non - agendaed items
matters to add to the agenda. No one responded.
WORK SESSION for THE NEW BROWN ACT
City Attorney Flitner referenced informational items provided to
Council pertaining to the New Brown Act including synopsis from the
League of California Cities and City Attorney memorandum dated
April 5, 1994. His memorandum highlighted significant changes in
the Brown Act amendmnts including the amended and broadened
definition of "legislative body" and the expanded definition of a
"meeting ". Mr. Flitner confirmed he had issued at least two previous
mmorandums within the past half year describing the changes, shared
contents of his above - referenced April 5th memorandum and responded to
Council questions.
Rohnert Park City Council Minutes (2) April 12, 1994
Disc:ussiou included coL1f1Litatloti by MAyol: Reilly and Councilrian Eck,
as sub - committee to review the Code of Ethics, that the Code of Ethics
item was scheduled later on the agenda. The sub- committee's report
and draft document, which was distributed to Council this evening,
contained suggestions and recommndations. City Attorney Flitner
further responded to Council inquiry that the Brown Act specifies in
section 54957.5 that the public has the right to "inspect"
documents distributed at public meetings, with clarification
signified in the referenced section that "nothing in this section shall
be construed to prevent the legislative body of a local agency from
charging a fee for copies of a public record ". Discussion followed.
Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act),
Public citizens wishing to make a comment may do so at this time. Under
Appearances 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.
Steven Thorton from Santa Rosa, Chairman, ACLU of Sonoma County, said there are many
ACLU members in Rohnert Park and asked for clarification of the code
of ethics for public officials that their members were expected to
support. He said public officials and such members of public agencies
should not undermine each other although each should be free to
express openly their differing opinions.
Ethics & Code of Conduct:
Nbyor Reilly advised that this item listed on the agenda under Council
Committee reports would be brought forward and handled at this time.
Mayor Reilly and Councilman Eck reviewed contents of the above -
referenced report and draft document signifying their recommendation
Councilwoman Gallagher said she thought it was important, for the
record, that the public not be fooled and that just because three
members show up at a meeting, it does not mean it is for the purpose
of conducting business. This body meets frequently throughout the
months at various occasions, dinners, etc. and often three, four and
five members attend such meetings. This body knows how and when to
as the sub - committee for updating the City's Code of Ethics document.
The sub - committee's recommendations include going a step further than
the new Brown Act requirements for claiming all contributions, not
dust those exceeding -$9�r and for notification of standing committee
-CORRECTION from
meetings. Under the definition of the new Brown Act such meetings
4/26/94 meeting:
now become public which means the participation of a third
Change this
Councilmember provides a legal quorum of the Council which could
amount from
formally take action. Therefore, due to the shorter 24 hour timing
$998 to $99
requirement for public notification of such standing committee
meetings and, in what is believed to be the true spirit of the Brown
Act, the Code of Ethics sub - committee recommends that the Council
avoid creation of the quorum. If, however, another Councilmember
desires to participate on topics of standing committees, this should
be so- signified and a duly noticed workshop or meeting involving the
full Council should be scheduled with the appropriate and more
extensive 72 hour notification of the public and press.
Councilwoman Gallagher said she thought it was important, for the
record, that the public not be fooled and that just because three
members show up at a meeting, it does not mean it is for the purpose
of conducting business. This body meets frequently throughout the
months at various occasions, dinners, etc. and often three, four and
five members attend such meetings. This body knows how and when to
Rohnert Park City Council Minutes (3) April 12, 1994
conduct business. Ms. Gallagher said this was an attempt to keep her
from going to meetings she desired to attend and she wanted it on the
record that the three meetings from which she was removed were the
following: first, the Garbage Committee that she was previously a
committee member and was replaced and which meeting was an informa-
tion gathering meeting and not a body to make decisions; second, was
a meeting she did not even want to attend but was asked by citizens to
attend because they did not understand City Hall lingo; and, third,
was a meeting she sat on the sidelines to gather information and
not to debate but felt it was her duty as a public official to
attend and be informed.
Mayor Reilly said the sub - committee's draft document and recommenda-
tions for updating the Code of Ethics was distributed earlier this
evening and Council would need to read it and make comments
accordingly at the next Council meeting. He asked Council to remember
that if three Councilmembers show up at a committee meeting, action
can be taken without having the 72 hour advance notice required for
regular meetings.
Councilwoman Gallagher said lastly, for the record, she had requested
on numerous occasions to be part of certain committees like the
Volunteer Center committee, the Youth Council committee and the Code
of Ethics committee. She said she was present at Council meetings
during which appointments were made and has not been allowed to be on
these committees. She asked how the ethics committee appointments
were made since she did not recall a vote on the appointments. She
expressed further concern about not getting on this committee since
she had been the one to point out that the City's Code of Ethics docu-
ment was dated 1972 and should be updated.
Nlayor Reilly responded that, as Mayor, he has the authority to make
committee appointments and, at a previous Council meeting, he had
designated himself and Councilman Eck as sub - committee to review the
*ADDITION MADE at Code of Ethics.*
4/26/94 Council meeting: Add, "There were no committees established for the Volunteer Center
and Youth Center " .Councilwoman Spiro requested it to be on the record that she has a
very large concern with ethics when there seems to be conflicts of
interest involved. She shared a portion of the draft code of ethics
document under the section determining the existence of a conflict of
interest, item #3 at the bottom of page 2, also inclusive in the
City's 1972 document, as follows:
"The public official, because of bias or prejudice, or because he
or she has pre - judged a matter set for public hearing is incapable
because of such bias, prejudice, or pre - judgment of granting to
the matter before him or her a fair and impartial hearing."
In further comments for the record, Councilwoman Spiro said she
believed there had been violations of that portion of conflicts of
interest in the past by Councilwoman Gallagher. Ms. Spiro reviewed
the background of being placed on the above - referenced Garbage
Committee from which Ms. Gallagher pointed out she was removed.
Councilwoman Spiro said she was really tired of being told about that
and thought that situation was pre - judged as there was never a good
word said by Ms. Gallagher about any of the garbage efforts and what
was acceptable. This was the reason the first Garbage Committee had
Rohnert Park City Council Minutes (4) April 12, 1994
%CORRECTION from 4/26/94 Council meeting: Change, "garbage- related
name" to "development -
related name"
to be scrapped and a new one developed. Whenever the*qatiDage related
name is mentioned, it is interesting to note there is immediately a no
vote regardless of the issue being considered. Conflict of interest
statements like "that person does bad work" is definitely pre - judged
and biased. Ms. Spiro said, in her opinion, that these have been
definite violations in the past.
Discussion followed during which Councilman Eck pointed out that
no one had had an opportunity to digest the individual items on the
draft document and its distribution to Council earlier this evening
was for the purpose of the sub- committee to notify its intent to draft
some form of resolution. He suggested scheduling time on the next
Council agenda to receive public input on this matter which would also
give the full Council an opportunity to review the draft and digest
what the sub - committee was reviewing and presenting for consideration.
In response to further inquiry from Steve Thorton, Chairman, ACLU of
Sonoma County, asking why the City even needed its separate ethics
document, Councilman Eck confirmed it basically reiterated and
supported Brown Act and FPPC requirements. The matter was discussed
several meetings ago when Councilwoman Gallagher brought attention to
the 1972 date on the City's document. Council explored going back to
the Brown Act state law but the issue regarding how to handle the
number of Councilmembers attending committee meetings had to be
resolved, since the Brown Act was essentially in limbo.
Further discussion followed during which Councilman Hollingsworth
pointed out that all such bodies are to abide by what are polit- ically
correct laws which are governed by the state laws, period. If that is
done, the Council does not need its own code of ethics and, therefore,
Mr. Hollingsworth said he applauded Mr. Thorton's comments
questioning the need of a separate document. How each Councilmenier
behaves at these meetings is perceived by the public and each one has
the right to speak and say what they feel. Councilwoman Spiro
responded to further question from Mr. Thorton about the need of
another City policy and reiterated that the City has had an ethics
policy since 1972 and Councilwoman Gallagher had said it needed to be
updated. Ms. Spiro said she just wanted that to be pointed out since
ethics do not change or become outdated. You either have them or you
don't and it involves personal integrity. Hence, whether the City's
document really needs to be updated is not the issue since the old
date could be erased and the new date simply placed on the City's
ethics policy document to make it current.
C O N S E N T C A L E N D A R
Mayor 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.
City Manager Netter said Resolution No. 94 -66 should be removed from
the Consent Calendar. Councilwoman Gallagher requested Resolution No.
94 -62 be pulled of the Consent Calendar for discussion. Council
agreed to both requests.
Rohnert Park City Council Minutes (5) April 12, 1994
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolutions:
No.94 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
PROCLAIMING APRIL 1994 "CALIFORNIA EARTHQUAKE PREPAREDNESS MDNI'I-I"
No.94 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK IN
SUPPORT OF DESIGNATING MAY 20,1994 AS "COUNTYWIDE DAY OF NON- VIOLENCE"
No.94 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK OBSERVING
MAY 1994 AS "OLDER AMERICANS MDNTH" AND EXPRESSING APPRECIATION OF OUR
OLDER AMERICAN CITIZENS
No.94 -56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
EXPRESSING THANKS AND APPRECIATION TO THE ROHNERT PARK- COTATI FRIENDS
OF THE LIBRARY
No.94 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
EXPRESSING APPRECIATION AND CONGRATULATIONS TO JACK HART MADDAN III
No.94 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
EXPRESSING APPRECIATION AND CONGRATULATIONS TO W. RAY FIELDS, JR.
No. 94-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESS-
ING APPRECIATION AND CONGRATULATIONS TO JENN GAMBLE
No. 94-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
EXPRESSING APPRECIATION AND CONGRATULATIONS TO KRISTINA DENNETT
No.94 -61 RESOLUTION DECLARING WEEDS GROWING UPON OR IN FRONT OF CERTAIN
PROPERTIES WITHIN THE CITY OF ROHNERT PARK TO BE A PUBLIC NUISANCE,
DIRECTING THE CITY MANAGER TO POST NOTICE THEREOF, AND DETERMINING
HEARING DATES AS REQUIRED BY CHAPTER 8.08 OF THE ROHNERT PARK
M NICIPAL CODE
No. 94 -63 RESOLUTION CALLING FOR SEALED PROPOSALS FOR A, D, E AND S PARKS,
RESURFACING OF COURTS, PROJECT NO. 1994 -2
No.94 -64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING
THE CLAIM OF JANE HARRIS (c /o MARGARET S. FLYNN, ESQ.) (re. Alleged
injuries sustained from accident at Rohnert Park Expressway & Cormierce
Blvd.)
No.94 -65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING
THE CLAIM OF YIU MEI WONG (c /o Law Offices of Sussman & Ziskin) (Re.
Alleged injuries from trip and fall in area adjacent to The Village
project in the City of Cotati)
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, with the exception of Resolution Nos. 94 -62 and 94 -66,
the Consent Calendar as outlined on the meeting's agenda, was
unanimously approved.
Rohnert Park City Council Minutes (6) April 12, 1994
Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND
No. 94-62 AUTHORIZING THE CITY MWAGER TO EXECUTE CONTRACTS WITH THE BAY AREA
AIR QUALITY MANAGEMENT DISTRICT FOR FUNDING UNDER ASSEMBLY BILL 434
TRANSPORTATION FUND FOR CLEAN AIR IN THE BAY AREA
City Manager Netter and Director of Public Works /City Engineer Brust
responded to Council questions and further explained this resolution.
Upon motion by Councilwoman Spiro, seconded by Councilman Hollings-
worth, and unanimously approved, Resolution No. 94 -62 was adopted.
Friends of the Library - Presentation of appreciation resolution
Mayor Reilly acknowledged Friends of the Library representatives
present at the Council meeting and commended their voluntary efforts.
He shared contents of above - adopted Resolution No. 94 -56 expressing
appreciation to Friends of the Library and presented the framed
resolution to Chloe DeBrunner who accepted it on behalf of the
representatives.
Scheduled Public Appearances:
1. David Cohen, 6433 Sequoia St., regarding the City's 5 -year contract with Empire
Waste Management conflicting with his desire to rent a dumpster from
another company - Acknowledgment was made that Mr. Cohen was not
present in the audience.
2. Benjamin Friedman., 7323 College View Drive, re. Interest on Security Deposits -
Mr. Friedman shared contents of his letter dated March 28, 1994
pertaining to this item. He requested Council to consider mandatory
requirements since his investigative inquiries have reflected that
Resolution No. 93 -109 asking landlords to pay interest on security
deposits has been ignored. City Manager Netter responded to the
Mayor's inquiry asking if there is any way of knowing how many have
complied with the request voluntarily, that a survey had not been
initiated for that purpose, therefore, there was no way of knowing.
He indicated that a mailing and distribution had been done.
Sandra Shaw, 2519 MacMillan Street, Napa, CA 94558, acknowledged that she had
supported Mr. Friedman.'s request at previous Council meetings when the
above- mentioned resolution was discussed and passed. She said since
the number of renters in this city_ probably exceeds owners, this issue
is not a single person's problem. Nis. Shaw shared com-ents related to
her daughter with children as a representative example of the concerns
of renters pertaining to security deposits. She recommended calling
the community together for input regarding mandatory requirements.
Nis. Shaw said this can be handled by ordinance strictly addressing
the interest on security deposits for renters.
Beth Robertson, 4301 Hatteras, Director of Sonoma County Realtors Association,
signified previous backing and cooperation of the Realtors Association
regarding support of the City's resolution and efforts to encourage
negotiations for interest on security deposits. She reviewed the
complexities of rent control in this state, as well as the variety of
real estate agents licensed by the Department of Real Estate including
brokers, realtors, etc. The Sonoma County Realtors Association is a
Rohnert Park City Council Minutes (7) April 12, 1994
voluntary group representing a large number of people and there are
also other voluntary groups that provide a place for people to go with
problems like code of ethics. Ms. Robertson said she just wanted to
get that real clear as they cannot enforce but can only advocate to
let people know that these are negotiable items. She clarified that
this is not like enforcing rent control and further reviewed the
complexities of the 5% per year requirement in Los Angeles involving a
27 page rent control document. Ms. Robertson said she had never
heard from this City Council or the public comet mity of Rohnert Park
that there is any desire for rent control in this community. She
questioned the enforcement efforts that would be involved for such
mandates, like involvement with small claims, etc. and pointed out
that rent controls are usually pretty fair the first 3 to 4 years and
then proceed to get out of hand. Ms. Robertson requested the Council
to look at this very closely and consider what is the real issue,
which is not interest on security deposits.
Discussion ensued during which a motion was made by Councilwoman
Gallagher, seconded by Mayor Reilly for discussion, to move toward
stronger language in the City's policy for interest on security
deposits. Varied opinions were expressed related to the complexities
involved with speculations toward any kind of rent control or
enforcement of same, withdrawal of the motion on the floor, and
Council concurrence that further efforts should be made to make sure
everyone is aware of the existing mechanism in the form of Resolution
No. 93 -109 which supports negotiations for interest on security
deposits.
Mayor Reilly declared a recess of the regular City Council meeting at
approximately 7:25 p.m. with the following Scout Nock Council meeting
proceeding at approximately 7:30 p.m.
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BOY & GIRL SCOUTS OF AMERICA - NDCK CITY COUNCIL MEETING
Mayor Reilly welcomed the Boy and Girl Scouts. He advised that the
Scouts had spent the full day with City staff for "Scouts in
Government Day" and that the Scouts would proceed with the Mbck City
Council Meeting at this tim .
Scout Mayor Korie Klinger called
order at approximately 7:30 p.m.
introduction of Scouts present at
agenda prepared for same.
the Mock City Council Meeting to
and requested a roll call for
this meeting, as signified on the
Present were Scout Vice Mayor Amy Sturdevant of Girl Scout Troop No.4
from Rancho Cotate High School (RCHS), Scout Councilmembers Mike
Charcho of Boy Scout Troop No.431 from Rohnert Park Junior High
(RPJH), Crystal Singletary of Girl Scout Troop No.5 from RPJH, Lela
Martin of Girl Scout Troop No.191 from RCHS, and Scout Mayor Korie
Klinger of Girl Scout Troop No.129, Scout City Manager Amy Barclift of
Girl Scout Troop No.5 from RPJH, Scout City Attorney Tina Anderson of
Girl Scout Troop No.5 from RPJH, Scout Planning Director Matt Quinn of
Boy Scout Troop No.23 from RPJH, Scout Public Safety Director Brian
Tietz of Boy Scout Troop No.431 from RPJH, Scout City Engineer Ryan
Stevens of Boy Scout Troop No.101 from RCHS, and Scout Recreation
Director Kris Morehead of Boy Scout Troop No.23 from RPJH.
Rohnert Park City Council Minutes (8) April 12, 1994
Scout Mayor Korie Klinger initiated discussion regarding the items
listed on the agenda resulting in Boy /Girl Scout motions and approvals
of directives for 1) painting pedestrian bridges; 2) roller hockey
courts; 3) sand volley ball; 4) enlarging Community Center game room.
There being no further items, Scout Mayor Korie Klinger adjourned the
Boy & Girl Scout Mock City Council meeting at approximately 7:45 p.m.
Mayor Reilly suggested, with the exception of the roller hockey courts
that might pose liability factors, that the Scouts might want to
consider writing letters to the City Council regarding the above
recommendations reviewed during the Mock City Council meeting.
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RECONVENE Mayor Reilly reconvened the City Council meeting at approximately
7:45 p.m. with all Councilmembers present.
Parks and Recreation Commission appointment:
1. Accepting resignation of Barbara Thunen - City Manager Netter referenced the
letter of resignation dated March 18, 1994 from Barbara Thunen who has
served for the past two (2) years and has given notification of moving
to Santa Rosa as of March 31, 1994
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and
unanimously approved, Barbara Thunen's resignation from the Parks and
Recreation Commission was accepted.
2. Appointment to serve out Ms.Thunen's term which expires on December 31st,1994
(Councilwoman. Spiro's nomination) - Councilwoman Spiro referenced
Fact Sheet application from Elizabeth Desmond, 4575 Heath Circle. She
advised that Ms. Desmond was present earlier but had to leave to tend
to family matters due to the delayed schedule of this agenda item.
Upon motion by Councilwoman Spiro, seconded by Councilman
Hollingsworth, and unanimously approved, Elizabeth Desmond was
appointed to the Parks and Recreation Commission to serve out the
above- referenced term to expire on December 31st, 1994.
Nbbile Home Park matters:
1. Draft Resolution re. Amendments to Ordinance 494 -
City Manager Netter referenced the City Attorney's memorandum dated
March 30, 1994 with attached draft resolution pertaining to this item
as reviewed in the Council Meeting memo. He said a letter from Geneva
Trent dated April 8, 1994 was also provided to Council expressing
further concerns related to this matter. Discussion concluded in
Council concurrence to schedule and duly notice a Mobile Home Park
meeting for all five mobile home parks to receive input from the
residents on the proposed ballot measure for Ordinance No. 494
proposed amendments at 6:00 p.m., May 3rd, 1994 at the Community
Center on Snyder Lane.
Rohnert Park City Council Minutes (9) April 12, 1994
2. Wbile Home Park Purchase Program update -
City Manager Netter referenced staff report provided to Council as
reviewed in the Council Meeting Memo. Conywnications are proceeding
with Sutro and Company to refine and derive at a conversion plan that
will be satisfactory to both the residents and the City. Assistant
City Manager Leivo is compiling the information to be presented to
Council in the near future.
Acceptance of "Certificate of Achievement for Excellence in Financial Reporting"
from the Government Finance Officers Association for the City's
Comprehensive Annual Financial Report for Fiscal Year Ending June 30,
1993 - Presentation of The Award of Financial Reporting Achievement to
Accountant /Auditor Sandy Cervone - City Manager Netter said repre-
sentatives of the Finance Department were unable to stay for the
delayed scheduling of this item and advised it would be deferred to
the next Council meeting.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 94-66 RESCINDING RESOLUTION NO. 94 -50 (A RESOLUTION OF NECESSITY REGARDING
CITY WATER TANK NO.1 /WELL SITE NO.4)(Burbank Housing /Tower Apartments)
City Attorney Flitner explained the resolution for consideration. He
reported that there was a technical error due to a wrong Assessor's
Parcel number in Resolution No. 94 -50 which provided for the
acquisition of fee title to certain real property as an access to City
Water Tank No. 1/Well Site No. 4. The resolution listed on tonight's
agenda rescinds Resolution No. 94 -50. This item is in reference to the
title /easement issue and refinancing of the Burbank Housing Tower
Apartments affordable housing project. City Attorney advised that he
would prepare a replacement resolution for Council's consideration at
the next Council meeting of April 26, 1994 and, like provisions at the
preceding Council meeting, time would be scheduled on the agenda to
receive public com[rents prior to adoption of the resolution.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Gallagher, and unanimously approved, reading of Resolution No. 94 -66
was waived and said resolution was adopted.
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE
No. 584 ROHNERT PARK MJNICIPAL CODE, TO REZONE THE PROPERTY DESCRIBED IN THIS
ORDINANCE FROM THE "A" (AGRICULTURAL DISTRICT) TO RM:2000 /PD (MJLTIPLE
FAMILY/RESIDENTIAL /PLANNED UNIT DEVELOPMENT) DISTRICT (File No. 1629 -
Burbank Housing)
City Manager Netter acknowledged this ordinance was introduced at the
previous Council meeting as reviewed in the Council Meeting Memo.
Upon motion by Councilwoman Spiro, seconded by Councilman Hollings-
worth, and unanimously approved, reading of Ordinance No. 584 was
waived and said ordinance was adopted.
Rohnert Park City Council Minutes (10) April 12, 1994
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE
No. 585 ROHNERT PARK M_VICIPAL CODE, TO REZONE THE PROPERTY DESCRIBED IN THIS
ORDINANCE FROM THE CR:PD (REGIONAL COMMERCIAL PUD) DISTRICT TO RM:1500
PD (MILTIPLE FAIvULY/RESIDENTIAL /PLANNED UNIT DEVELOPMENT) DISTRICT
(File No. 1585 - Codding Enterprises)
City Manager Netter acknowledged-this ordinance was introduced at the
previous Council meeting as reviewed in the Council Meeting Memo.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman.
Gallagher with Vice Mayor Eck and Mayor Reilly dissenting for reasons
as signified at the previous Council meeting of March 22nd, reading of
Ordinance No. 585 was adopted.
Resolution RESOLUTION AWARDING CONTRACT, BODWAY PARKWAY EXTENSION ASSESSMENT
No.94 -67 DISTRICT, PROJECT NO. 1993 -5, CITY OF ROHNERT PARK
City Manager Netter explained the resolution for consideration as
reviewed in the Council Meeting Memo. He advised that Argonaut
Construction was the lowest bidder of ten bidders in the original
amount of $846,620.20. With reception of the first change order, this
amount has been decreased to $814,003.95.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman.
Spiro, and unanimously approved, reading of Resolution No. 94 -67 was
waived and said resolution was adopted.
Cable Television matters:
1. Live Televising of City Council meetings -
Assistant City Manager Leivo referenced staff report dated March 28,
1994 and updated the Council on this item as reviewed in the Council
Meeting Memo. As reported previously, by all indications according to
MultiVision representatives, the return line should be completed
within the next four to five months.
2. Current video taping of Council meetings & citizen availability of tapes -
Assistant City Manager referenced staff report dated March 28, 1994
and reported on this item as reviewed in the Council Meeting Memo. He
responded to Council questions that he has been maintaining the tape
libraries and performing most of the functions of taping City Council
meetings. Sometimes the urgency of other pressing priorities
interferes with the overall timeliness of producing the tapes for
regular VHS to be distributed to the Library and to have one available
at City Hall for citizen viewing. However, the original tapes are
shown on MzltiVision Cable TV at 1:00 p.m. the Wednesday afternoon
following each City Council meeting and can be taped by any interested
resident merely by taping it off their video recorders at home. No
changes in procedures were initiated or directed to staff by Council.
Rohnert Park City Council Minutes (11) April 12, 1994
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No.94 -68 AUTHORIZING AND APPROVING AGREEMENT WITH Ca+ijNITY BOXING CENTER FOR
DISBURSENENT OF SEED MDNEY ON BOXING PROGRAM (Herb Cody, Director)
City Manager Netter explained the resolution for consideration as
reviewed in the Council Meeting Memo. City Manager Netter and City
Attorney Flitner responded to various Council questions pertaining to
the most recent revisions of the -draft agreement provided to Council
signified by bold print.
During discussion, a motion was made by Councilwoman Spiro to change
the last sentence under the heading "Program" on page 1 to serve the
youth "residing" in the Cotati - Rohnert Park School District instead of
"attending" a school in the Cotati- Rohnert Park School District. Said
motion died for lack of a second.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and
unanimously approved, authorizing staff to enter into the agreement
with changes as signified and recomrended by City Attorney Flitner
regarding the insurance and hold harmless clause, reading of
Resolution No. 94 -68 was waived and said resolution was adopted.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING
No.94 -69 LEASE AGREEMENT WITH NORTH BAY BREAKERS SOCCER TEAM FOR USE OF ROHNERT
PARK STADIUM
City Manager Netter explained the resolution as reviewed in the
Council Meeting Memo and responded to Council questions.
Upon motion by Councilman Eck, seconded by Mayor Reilly, with
Councilwoman Gallagher dissenting because of the loan being a larger
percentage than the previous terms involving a fifty /fifty
partnership, reading of Resolution No.94 -69 was waived and said
resolution was adopted.
General Plan - Time Table:
Assistant City Manager Leivo referenced his staff report dated
March 31, 1994 regarding the anticipated time table, relevant factors
and progress related to the General Plan Update (copy attached to
original set of these minutes). He shared contents therein and
responded to Council questions confirming that the final action of the
Planning Comnission is expected toward the end of July 1994 enabling
City Council review to begin in August with final deliberations in
October 1994. A public hearing will be held by the City Council, as
required by state law, prior to final approval of the General Plan.
Council Committee reports:
1. Coordinated Cities /School District - Council Committee Members Gallagher and
Spiro reported on this meeting held at 7:00 p.m. on March 24, 1994.
It was a good meeting with citizen participation. Interest was
signified in the proposed Youth /Teen Council and development proposals
for the new library. Potential property taxes for schools and
libraries were also mentioned to which City Manager Netter commented
that confirmation was given that this was just a trial consideration
which was backed off completely. School upgrading expenditures were
also reported that were passed a couple of years ago related to the
Rohnert Park City Council Minutes (12) April 12, 1991
development of the new school. Indiudtiuri wds yivua LhaL LYic bunding
capacity has been reached related to how nuch can been spent within
the time element. It was explained that complications in locating
P.G.& E. lines affected the time line and created a set back.
Discussion of services agreement and possibility of fee waivers from
the City ensued and was a major issue because the committee is not in
agreement on the item. Council Committee suggested this matter be
placed on the next Council agenda for further review.
Discussion followed during which Councilwoman Gallagher said the
service fee waivers was something that still needed to be negotiated.
The City has an obligation to charge private development but when
dealing with public entities, the fees can be waived. Councilman
Hollingsworth responded that the problem with it is that the school
districts have taken over receiving all the development fees now
distributed from state and federal funds and still want the city to
waive development fees. He did not see any reason to waive the fees.
City Manager Netter said it was the previous intention for the
services agreement to be placed on this agenda but was not because the
Committee had not come to agreement. He confirmed he would check with
Walt Buster, School District Superintendent to see if they are ready
for this item to be scheduled on the next Council agenda.
2. Ethics & Code of Conduct (Eck/Reilly) - This report was handled earlier during
this Council meeting.
3. City of Cotati 2x2 meeting - Vice Mayor Eck confirmed that he and Mayor Reilly
were Council Committee representatives for the referenced meeting
which was held at 5:00 p.m. on March 24th, 1994. He said the proposed
Amendment No. 3 for the Sewer Agreement was reviewed and confirmed the
Council Committee recomnends proceeding with the agreement and the
time table proposed in the document provided to Council for the next
item scheduled on tonight's agenda.
4. Joint Meeting with SSU President & Cabinet - City Manager Netter said this
meeting was held at 6:00 p.m. on April 5th, 1994 at Sonoma State
University. Mayor Reilly confirmed that SSU administrators made a
presentation of long term plans including housing development. He
acknowledged that it was premature for this presentation at a regular
Council meeting because agreement has not been concluded on the time
table. Discussion ensued pertaining to SSU housing needs and efforts
being made not to take a hard line approach, but SSU is putting out a
lot of feelers to work with the City, especially related to the
comparison of possibilities if the state were to purchase designated
areas around the University through eminent domain whereby the City
would no longer have any authority through its General Plan
procedures, etc. City Manager Netter advised, for the record, that
Council was provided with the referenced SSU Initial Market Testing
report dated January 19, 1994 pertaining to faculty /staff housing,
student affinity group housing, and retail and associated uses, as
listed on Communications. He also advised that the Public Safety
Department is pursuing the idea of a joint dispatch effort with SSU
that would save the University some costs.
Rohnert Park City Council Minutes (13) April 12, 1994
Sewer Agreement Amendment No. 3 - Cotati/Rohnert Park:
City Manager Netter confirmed the extensive discussion of this above -
reviewed item during the City of Cotati 2x2 meeting. Though the sub-
committee recommends approval, with the up- coming joint meeting
scheduled with Cotati on Monday, April 18, 1994, which will enable
review by the full Council of both cities, therefore this item will be
deferred to a future Council meeting following discussion at this
joint meeting. This will also provide necessary time to approach
Santa Rosa regarding same. Council concurred.
Mayors' & Councilmembers' Association - Executive Meeting - Mayor Reilly advised
that this meeting has been scheduled for 6:30 p.m., Thursday, April
14, 1994 which will include City Selection Committee recommendations
for appointments listed on the Council agenda as follows:
1. Airport Land Use Commission - four (4) year term
2. Local Agency Formation Commission (LAFCO) - four (4) year terns
3. Hazardous Material Management Commission - unexpired term
to May 31, 1996
4. Remote Access Network (RAN) Board - one (1) year term and
must be filled by a mayor
City Manager Netter confirmed that Pete Foppiano is interested in
staying on LAFCO. Also, per letter dated April 8, 1994 from the City
of Santa Rosa, Councilman and former Mayor Jim Pedgrift has declared
his interest in being considered for this appointment.
Council concurred to yield recommendations to Vice Mayor Eck (sitting
in for Mayor Reilly) as representative for the full Council when he
attends the above- referenced City Selection Committee meeting.
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.
1. Vice Mayor Eck referenced item No. 9 on communications from North
Coast Railroad Authority (NCRA) and said the deadline for submitting
the completed ballot for selection of a city representative to serve
on the NCRA Board of Directors is April 15, 1994. He said this
Authority directly impacts the Transportation Authority, read the
names listed on the official ballot, and said he recommended Mark
Kinsey as the referenced NCRA representative.
Upon motion by Councilman Eck, seconded by Councilwoman Gallagher,
signifying Mark Kinsey as Council's choice as a city representative to
the NCRA Board of Directors and authorizing the Mayor to vote
accordingly, was unanimously approved.
2. City Manager Netter pointed out item No. 20 on communications from
Laguna de Santa Rosa Foundation regarding signified meetings planned
for Coordinated Resource Management and Planning (CRMP).
3. City Manager Netter referenced item No. 30 from City of Modesto urging
support of state law to allow imposing financial responsibility on
both perpetrator and parents of minor children who commit acts of
graffiti vandalism. Council concurred to place this item on the next
Council agenda of April 26, 1994.
Rohnert Park City Council Minutes (14) April 12, 1994
4. Councilwoman Gallagher referenced communication item No. 34 from
Coalition for a Healthy California opposing Philip Norris initiative
regarding "California Uniform Tobacco Control Act" and item No. 35
from National Smokers Alliance (NSA) seeking to promote accommodation
between non - smokers and smokers. Discussion included acknowledgment
that both of these efforts seek to undo progress toward public smoking
restrictions.
A motion was made by Councilwoman Gallagher, seconded by Councilman
Eck, and unanimously approved, directing letters to be written
expressing this Council's opposition to both the Philip Morris
initiative and the efforts of the National Smokers Alliance to develop
a national political campaign for the accommodation of smoker's rights.
City Manager's report:
1. SumTery of endowment fund & campaign - City Manager Netter referenced staff
report dated March 22, 1994 regarding a suer ary of The Friends of the
Dorothy Rohnert Spreckels Performing Arts Center Inc. up to the
present time. Mr. Netter emphasized that he wanted to make it very
clear that the previously questioned endowment fund was never through
The Friends of the Dorothy Rohnert Spreckels Performing Arts Center
Inc. which was basically started for the purpose of an umbrella non-
profit corporation for the three resident companies including Stage
Company, Symphony and Ballet. Endowments have always been through the
name of the City of Rohnert Park with total accountability as shown in
monthly financial and cash reports. It is interesting to note this
was developed to support the operation of the Dorothy Rohnert
Spreckels Performing Arts Center and the statements mentioned herein
show the isolated accounts whereby the records keep everything
separated into the various operations and not into the General fund
like the recent Press Democrat newspaper article reported. There is
no misappropriation of funds which was the flavor of the newspaper
article but, in fact, there is a total accountability of all funds in
fine detail. There was a misunderstanding on The Friends of the
Dorothy Rohnert Spreckels Performing Arts Center pertaining to follow
up procedures to file with the Franchise Tax Board after the
corporation was determined inactive and they are in the process of
correcting that situation. Discussion followed.
2. Roberts vs. City of Rohnert Park (gravel roadway) - City Manager Netter advised
that the initiators of this item were out of town this evening and
requested it be deferred to the next Council meeting.
3. Fireworks Stand /4th of July - City NLanager Netter updated the Council on this
item. He referenced letter from Beth Jeffcoat, Executive Director of
the Chamber of Comrerce that was sent to the fourteen (14) signified
service clubs asking land owners and business managers to consider
allowing local non - profit groups the opportunity to lease specified
portions of their lots for fireworks stands in order to benefit the
entire comrunity by the revenues to local organizations. Discussion
included expression of Council desire regarding the possibility of a
story regarding this direction and request in the local newspaper.
Rohnert Park City Council Minutes (15) April 12, 1994
4. Article 34 - Election - City Manager Netter referenced staff report dated April
14, 1994 pertaining to this item. Assistant City Manager Leivo shared
contents therein explaining staff proposal of an amendment to the
Draft Housing Element recommending an Article 34 election. Article 34
of the California Constitution states that any public body cannot
develop, construct or acquire any "low rent housing project" without
voter approval. The City must - act by August 12, 1994 to hold an
Article 34 election in November.
A motion was made by Councilman Eck, seconded by Councilwoman
Gallagher, and unanimously approved, directing staff to formulate a
plan for consideration on the next Council agenda regarding above -
reviewed proposal for an Article 34 election.
5. Comnuzity Clean-Up - City Manager Netter advised the necessity of
changing the Spring Clean-Up weekends to May 5,6 & 7 and May 13,14 &
14, 1994 in order to accommodate Sonoma County Public Works on March
30, 1994. He said staff would like to locate an asphalt area for this
event and is looking for a parking lot on the west side with a
possible consideration being the sewer pump station site.
6. Hallock vs. City of Rohnert Park - City Manager Netter advised that
Redwood Eapire Minicipal Insurance Fund (REMQF) has tendered defense
of this case to the City until the case is amended.
City Attorney's report:
1. Sim vs. City of Rohnert Park - City Attorney Flitner updated Council
on this case with indication that arguments should be heard by late
May or early June which should enable a decision in the summer months
of this year. Then, through Court of Appeals, both sides will have to
decide responding directions.
2. Other cases - City Attorney Flitner updated Council on several cases
reviewed at previous Council meetings. He referenced amicus support
of the Hillsborough case approved by Council at the previous meeting
and said argument has been instigated before the federal court moving
to dismiss the case because of specified capital improvements and
based on one case out on the docket. He said the other three cases
previously referenced are in the briefing stage. As soon as the
briefs are presented, court rulings should happen sometime this summer.
Matters from/for Council:
1. Association of Bay Area Governments (ABAG) - Spring 1994 General
Assembly, Westin St.Francis Hotel,San Francisco, 8:30a.m.to 2:00 p.m.,
Thursday, April 21, 1994 - Mayor Reilly confirmed this meeting. He
responded to Council inquiry pertaining to the voting delegate that he
would make a designation if he is unable to attend. Councilwoman
Spiro acknowledged she would be attending and could be so designated.
Rohnert Park City Council Minutes (16) April 12, 1994
2. Joint Meeting with City of Cotati - City Mar-Lager Netter advised this
meeting was scheduled on Monday, April 18, 1994, 6:30 p.m. at the
Redwood Cafe, 8240 Old Redwood Highway, Cotati.
3. Florida school suing government for costs of securing education for
illegal aliens - Councilwoman--Spiro referenced comnanications she
received pertaining to this matter. She recom ended sending a letter
of support regarding same as this kind of circumstance could apply
here. Discussion included concerns expressed by Councilman Eck that
he was not certain he could concur and the item should at least be
agendized, if considered further. He said the issue is mach more
complicated to him than one or two statements in a letter could
express. He also though there was a certain element of partisan
implied in terms of the Governor. Councilman Eck further signified he
could not support an issue as far removed as Florida. Other Council
suggestions included nothing stopping individual Councilmembers from
writing separate letters and /or the possibility of writing to the
Florida Governor for additional information.
4. Mayor Reilly advised his intentions to prepare two proclamations as
follows: (1) proclaiming Friday, April 28, 1994 as "TAKE OUR
DAUGHTERS TO WORK DAY" in response to communication item No. 29 from
Ms. Foundation for Women; and (2) proclaiming April 25 - May 1, 1994
as "LET'S STOP KIDS KILLING KIDS WEEK" in response to communication
item No. 31 from U. S. Conference of Mayors.
Unscheduled
Public Mayor Reilly asked if anyone in the audience wished to make an
Appearances appearance at this time.
Hertzel Harrison, 4413 Hamlet Court, inquired about procedures for obtaining
donation receipts for charitable services and /or contributions to the
City for IRS recording purposes. City Manager Netter responded that
the Finance Department would be able to provide receipts as
requested.
Katherine Collins, 828 Lilac Way, referenced the Chamber of Commerce letter on 4th
of July Fireworks Stands and said she had already received three calls
asking to use the parking lot at her business location. She thought
the Chamber let the ball drop pertaining to clarity of direction in
the letter but, fortunately, she knew what the letter was about. Ms.
Collins also questioned the agreement with the North Bay Breakers
Soccer Team reviewed during this meeting and said she did not remember
any previous review of an agreement for the City to build a facility
costing $160,000. Mayor Reilly responded this item was reviewed
extensively as agenda items at a couple of meetings since the first of
the year. Lastly, Ms. Collins asked about enforcement of the City's
curfew. City Manager Netter responded that the City has a curfew on
the books and asked if Council desired more extensive enforcement
measures to be applied. Discussion concluded in Council agreement
that all ordinances should be enforced, when able.
Rohnert Park City Council Minutes (17) April 12, 1994
Mr. Kitchens, resident, expressed appreciation to Council for turning down the
recent request from Mountain Shadows Golf Resort to increase resident
rates. He asked if the golf course has to address the full Council
whenever they want to make any changes in the lease. The Mayor
acknowledged the necessity of addressing the Council for changes. W.
Kitchens said he also thought the City's charge for making copies at
25 cents per copy is exorbitant.
Discussion followed during which Council further reviewed options
related to the North Bay Breakers Soccer Team agreement. Council
concluded this item would be an agenda item in the future regarding
the 5 year agreement and could be listed in such a way to provide time
for public comments.
Adjournment Mayor Reilly adjourned the meeting at approximately 9 :35 p.m. to
6:30 p.m., April 18, 1994 at the Redwood Cafe, 8240 Old Redwood
Highway, Cotati, for a Joint Meeting with the City of Cotati.
jh
yor
r
TINTER -OFFTC E MEMO
1
TO: Joseph Netter, FROM: i'.arI F' . Lei vo, Assistant.
City Manager City anager
RE: General Plan Update DATE: March 31, 1994
The Planning Commission has begun to edit the Draft General Plan and
preparing its recommendations for the City Council. As of March 24,
the Planning Commission edited the Summary, Land Use Element,
Circulation Element, Conservation Element, Noise Element, and Safety
Element.
The Commission scheduled consideration of the Housing Element and the
Open Space Element on April 14, 1994. At a minimum, the Planning
Commission probably will require two or three meetings to review the
Housing and Open Space Element.
Owen Byrd, Greenbelt Alliance, wants to make a presentation to the
Planning Commission regarding preserving open space and urban growth
boundaries. He proposes to make a presentation in April or May.
Upon completing its editing review, staff will prepare a proposed
Planning Commission Draft General Plan which includes the marked
revisions identified by the Planning Commission.
At an earlier City Council meeting, the Council directed that the
Planning Commission's draft of the Housing Element should be submitted
to the State Department of Housing and Community Development (HCD) for
review. By law, HCD has 45 days to complete its review and make
recommendations to the City for inclusion in the draft General Plan.
The California Environmental Quality Act (CEQA) was revised in recent
years. One revision specifies that a separate Environmental Impact
Report (EIR) may not be required for a general plan (Section 15166 of
the CEQA Guidelines). The general plan should address the points
required to be in an EIR and it should contain a section identifying
where it addresses the points. Once the Planning Commission completes
it review of the elements but prior to the Commission's public hearing
and final action, Paul Skanchy and I propose that City staff prepare
the additional CEQA section.
According to State law, the Planning Commission
hearing and formally approve the Draft General P1i
notice and holding a public hearing the Planning
further revisions and approve the Final Draft
Planning Commission may make further amendments
recoxnunendations and the CEQA section.
must hold a public
in. After publishing
Commission may make
General Plan. The
in response to HCD
The Final Draft will be presented to the City Council. The Council
may want to review and edit the elements which perhaps will take two
months. There may be further amendments to the Housing Element in
response to HCD recommendations. The Council may request additional
Mayor's Report
On Closed Session Held
April 12, 1994
RE: Robert E. Dennett vs. City of Rohnert Park
Worker's Compensation & P.E.R.S. Matter
(Existing Litigation)
Settlement negotiations are pending. Mr. Dennett's attorney has
submitted a verbal offer. The City Council is prepared to accept the
offer as soon as it is formally submitted in writing. As soon as the
settlement becomes final, the City Council will disclose the fact of the
approval and identify the substance of the agreement.
Mayor James J. Reilly, Jr.