1994/05/10 City Council MinutesRohnert Park City Council Minutes
May 10, 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
6:06 p.m. and led the pledge of allegiance. He stated that a closed
session was not held.
ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Hollingsworth, Spiro
and Mayor Reilly
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter,
City Attorney Flitner, Assistant City Manager Leivo, Director of
Public Works /City Engineer Brust, Director of Public Safety Rooney and
Director of Recreation Pekkain.
Approval Upon motion by Councilman Hollingsworth, seconded by Councilwoman
of Spiro, the minutes of April 26, 28 and May 3, 1994 were unanimously
Minutes approved as submitted. Councilwoman Gallagher abstained regarding the
May 3rd minutes because she did no attend that meeting.
Approval City Manager Netter advised that the agreement with the Community
of Boxing Program, approved at the previous Council meeting, was executed
Bills since the printing of the bills. Approval of $10,000 for the boxing
program should be added.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, City bills presented per the attached list in the
amount of $699,021.61 including $10,000 for the Community Boxing
Program, were unanimously approved.
Non- agendaed Mayor Reilly asked if any Councilmember had any items to add to the
matters agenda. Councilwoman Gallagher signified that she wanted to add a
couple of items. Councilwoman Spiro said she had a miscellaneous item.
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. In most
Appearances cases, the Council cannot handle an item without it being listed on
the agenda. To ensure accurate recording, "Speaker Cards" are
provided at the entrance of the Chamber. Persons speaking under
unscheduled public appearances are requested to submit completed cards
to the recording clerk.
Holly Blue, 1312 Gold Way, President of Friends of the Animals in the Redwood Empire
(F.A.I.R.E.), advised that Dan Knapp, Executive Director of the Humane
Society of Sonoma County, notified her that FAIRE will receive
the Munk Award in recognition of outstanding service. The awards
presentation and reception will be held at the Flamingo Hotel on
Nhy 20th, 1994.
Rohnert Park City Council Minutes (2) May 10, 1994
C O N S E N T C A L E N D A R
Mayor Reilly asked if any Councilmember had any questions regarding
the matters on the Consent Calendar.
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolutions:
No.94 -78 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE
FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION
COWUSSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT AND
APPLICABLE STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 1994 -95
No.94 -79 AWARD OF CONTRACT, UNDERGROUND TANK RENDVAL, PROJECT NO. 1989 -5
No.94 -80 A RESOLUTION ACCEPTING DEDICATION OF RIGHT OF WAY FROM HEWLETT PACKARD
COMPANY FOR BODWAY PARKWAY (Valley House Dr. to Camino Colegio)
No. 94-81 A RESOLUTION ACCEPTING DEDICATION OF RIGHT OF WAY FROM 108 HOLDINGS
FOR VALLEY HOUSE DRIVE (Petaluma Hill Road to Bodway Parkway)
No. 94-82 A RESOLUTION APPROVING AND AUTHORIZING QUIT CLAIM DEED FOR A PORTION
OF BODWAY PARKWAY (Camino Colegio to Magnolia Avenue)
No. 94-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING
THE NOTICE INVITING SEALED BIDS FOR ANIMAL CAGES AND MISCELLANEOUS
EQUIPMQf FOR THE NEW ANIMAL SHELTER
No.94 -84 A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK REJECTING
THE CLAIM OF PATRICIA KELLY BUBOLO (c /o ANDREW MARTINEZ, ATTORNEY AT
LAW, MARTINEZ & HERNANDEZ) (re. alleged unreasonable search and
seizure by personnel of the Rohnert Park Department of Public Safety)
Approving Rancho Cotate High School letter request for donation toward
Academic Achievement Awards in the amount of $250.00.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, the Consent Calendar as outlined on the meeting's agenda, was
unanimously approved.
Presentation of Sonoma State University appreciation resolution
Mayor Reilly reviewed Resolution No. 94 -74 acknowledging and
commending the outstanding efforts of the Sonoma State University
Athletic Program, its Athletes, Coaches, Staff, Management and
Volunteers. Ralph Barkey, Director of the SSU Athletic Department,
accepted the resolution on behalf of the many people involved in the
success of the Athletic Program. He introduced the following
individuals: Frank Scalercio, Head Football Coach; Ernie Jensen,
President of SSU Athletic Association, and his wife, Louise Jensen;
Peter Reynaud, Coach of the Women's Soccer Team; Susan Zachensky-
Walthall, Women's Basketball Coach. He also introduced his wife, Diane
Barkey. He acknowledged SSU Professor /Councilman. Eck and Members of
the Board of Directors of the SSU Athletic Association, Councilwoman
Spiro and Reverend Chuck Paulson, Pastor of the Cross and Crown
Lutheran Church.
Rohnert Park City Council Minutes (3) May 10, 1994
Scheduled Public Appearances:
Marie DeSantis representing Sonoma County Women Against Rape and Tanya
Brannan of Purple Berets /Women Defending Woman presented to the
Council a countywide petition with approximately 8,000 signatures
regarding equal justice for women and children in Sonoma County. They
called upon the City Councils to take steps toward stemming the tide
of violence against women and children. (Copy of the petition
statement and reconrended Plan of Action for the City Council attached
to original set of these minutes.)
After discussion, Councilman Hollingsworth made a motion, seconded by
Councilwoman Spiro, and unanimously approved, to support the petition
in concept but to refer the matter to the Department of Public Safety
Director Rooney to review the potential program changes recommnded by
the petition and make recommendations to the Council at its meeting
of June 14, 1994.
Cultural Arts Commission appointment:
Betty Ferra resignation - City Manager Netter stated that the City
received a letter of resignation from Betty Ferra, who has served for
several years on the Cultural Arts Commission.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, and unanimously approved, the resignation of Betty Ferra from
the Cultural Arts Commission was accepted with regrets and a letter of
appreciation was authorized.
Councilman Hollingsworth signified that he was not ready to make a
nomination for this opening and recommended publication of the
opening. Councilwoman Gallagher said that she was contacted by
LaVonne Bain who said she would also submit her letter of resignation.
City Manager Netter confirmed that LaVonne Bain's resignation letter
was received and would be listed on the next Council communications
list. He acknowledged that both openings would be publicized.
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING THE ROHNERT PARK
No. 586 MUNICIPAL CODE, TITLE 15, CHAPTER 15.20 PLUVBING CODE PROHIBITING
GRAYWATER SYSTEMS USE AND INSTALLATION
City Manager Netter explained the ordinance for introduction. At the
previous Council meeting, Director of Public Works /City Engineer Brust
recomrended the City prohibit graywaater systems. W. Brust responded
to further Council questions.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Gallagher, and unanimously approved, reading of Ordinance No. 586 was
waived and said ordinance was introduced.
City of Modesto letter re. graffiti vandalism/financial responsibility:
City Attorney Flitner reviewed the City of Modesto proposal to State
Law to allow cities to adopt ordinances imposing financial
responsibility on both the perpetrator and the parents of minor
children who commit acts of graffiti /vandalism. City Attorney Flitner
and City Manager Netter recomrend adoption of a resolution in support
of amending State Law.
Rohnert Park City Council Minutes (4) May 10, 1994
The Council discussed the proposal. City Attorney Flitner, responding
to a Council question, noted that property tax liens provide a surer
way for cities to collect funds. Councilwoman Gallagher noted, for
the record, that collections being easier through property tax liens
were interesting statistics to know because she felt it signified,
therefore, that graffiti /vandalism/gang activities do not necessarily
generate from low income housing developments, which are basically
rental units.
Council expressed concerns related to the financial status of single
parents causing more homeless situations, complexities involved in
separated parents, and caring parents with disciplinary problems.
Councilwoman Spiro suggested options of local governments not to levy
a f i ne on single parents that cannot afford it but, if other parents
can afford it, they should pay for vandalism.
City Attorney Flitner noted that the resolution urges state
legislators to allow each city to proceed with various local options.
A motion was made by Councilman Hollingsworth, seconded by Councilman
Eck, and approved by a 3 to 2 vote, not to support the City of Modesto
efforts toward amending the State Law to allow cities /public agencies
to impose financial responsibility for acts of graffiti and vandalism.
Nbyor Reilly and Councilwoman Spiro dissented. The Mayor stated that
each city should be allowed the prerogative to adopt such ordinances.
Department of Public Safety matters:
*CORRECTIONS 1. Graffiti and Gang Management Action Plan - Director of Public Safety
from 5/24/94 Rooney reviewed efforts to counter graffiti and gang activity. Chief
Council meeting:Rooney and City Manager Netter responded to various Council questions.-
SEE 5/24/94 minutes, pg.l,re.Councilwoman Gallagher's request to include numerous comments.
Chief Rooney, responding to Council questions, explained that the
light bar that signifies vehicle speeds is being repaired. It will be
available soon for placement at signified intersections. This tool
has a definite impact on curbing vehicle speeds. Councilmembers
suggested obtaining additional light bars.
Concerns were also expressed related to the interior lights in certain
police vehicles that make it hard to determine when a vehicle is
responding to a call at high speed. The Chief confirmed he would
check into an instance of an officer going too fast when responding to
a call.
2. 1993 Annual Report - Director of Public Safety Rooney summarized the
referenced annual report. Chief' Rooney and City Manager Netter
responded to various Council questions related to Department of
Public Safety concerns and procedures.
Parks and Recreation matters:
1. Western Baseball League lease agreement - City Manager Netter
explained the draft agreement. He and Director of Recreation Pekkain
responded to Council questions. A press conference was tentatively
scheduled for Wednesday, May 25th, 1994 subject to availability of the
Council. The adequacy of the $10,000 surety bond (page 4, item 18)
was questioned. City Attorney Flitner responded. The good faith
arrangements between the City and soccer franchise for joint use of
Rohnert Park City Council Minutes (5) May 10, 1994
the concessions, restrooms and other listed facilities (page 4,
item 20) was questioned. Director of Recreation Pekkain responded
§that the statement was included in the agreement on the part of
Western Baseball League to show their willingness to work together.
Council agreed that an additional statement could be included stipu-
lating the City to be the arbitrator if any difficulties developed
between the North Bay Soccer League and Western Baseball League
pertaining to the joint use arrangements.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No.94 -85 AUTHORIZING AND APPROVING LEASE AGREEv= WITH WESTERN BASEBALL LEAGUE
FOR USE OF ROHNERT PARK STADIUM
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, and unanimously approved, with the addition of a non -
responsibility notice for the protection of the City to be worked out
by City Attorney and City Engineer and inclusion of a stipulation on
page 4, item 20, that the City would be the arbitrator if any
difficulties arise between the soccer and baseball leagues related to
joint use of facilities, the reading of Resolution No. 94 -85 was
waived and said resolution was adopted.
2. 1993 Annual Report - Director of Recreation Pekkain reviewed the
annual report. Director Pekkain, City Manager Netter and Director of
Public Works /City Engineer Brust responded to various Council
questions. Mr. Pekkain, responding to Council inquiry, that this was
the first year the Council approved park fees and, therefore, the
first time any revenues have been generated by parks. Councilman
Eck commented that he thought the park funds were well spent but would
like to see a break down of park costs and how the parks rank
with other City operations. City Engineer Brust responded that his
department does have records of parks' maintenance costs. City
Manager Netter responded to Council inquiry about the status of the
dog park, south of the Animal Shelter.
Pee Wee Baseball games and parking concerns of "A" Park area - Mayor Reilly advised
that he has been a coach for Pee Wee Baseball for several years, is on
the Pee Wee Baseball Board of Directors, and has two children
participating in Pee Wee baseball games. It may be necessary for him
to abstain at some point on this item, if the City Attorney so
advises. The Mayor also pointed out that he has advised his parents,
family members, etc. not to park in the driveways.
City Manager Netter reviewed a letter from James L. Yoho regarding
this item.
James L. Yoho, 488 Santa Alicia Drive, said the parking problem has been growing
over the years. Residents of Deer Meadows have been inconvenienced by
the parking habits of those attending the Pee Wee Baseball games.
City Manager Netter reviewed staff efforts to find solutions to
this problem.
Kim Gaynor, President of Pee Wee Baseball League, responded to Council questions and
reviewed numerous efforts by representatives of Pee Wee Baseball to
alleviate the parking problems on Santa Alicia. He proposed
Rohnert Park City Council Minutes (6) May 10, 1994
installing three additional tenWrary signs during Pee Wee baseball
games. Mr. Gaynor pointed out that the Pee Wee League is willing to
work with the neighbors to resolve problems, is a well - organized
effort that is very beneficial to the commmity, and is very clean and
polices the area thoroughly after each game. Mr. Gaynor said he would
send out a letter and place an announcement on the Pee Wee hot line
further clarifying availability of additional parking on the opposite
side of John Reed Elementary School. Also, with City approval, he
could install permanent post holes for the portable signs.
The Council comrended the efforts made to resolve this matter and
signified support for additional signage, announcements and notice
letters. Councilmembers suggested that Pee Wee representatives and
concerned residents should meet with one another directly regarding
related future concerns.
ComYUnity Partnerships for Youth Program funded by County of Sonoma Board of
Supervisors - City Manager Netter shared the contents of a letter
dated April 25, 1994 and an informational flyer from the County Board
of Supervisors. Mr. Netter responded to Council questions. In
response to Councilwoman Spiro's inquiry, City Manager Netter said he
believed the Big Brothers /Big Sisters program expected to open in the
near future and would meet the application criteria because it is a
countywide program.
RECESS Mayor Reilly declared a recess at approximately 7:45 p.m.
RECONVENE Mayor Reilly reconvened the Council meeting at approximately
7:55 p.m. with all Councilmembers present.
Interest on Security Deposits of rental units - City Manager Netter explained that
this issue was previously tabled following extensive review. The
Council directed the City Attorney to prepare a draft ordinance which
was reviewed at the Council meeting on April 26, 1994. Changes were
made according to Council direction.
City Attorney Flitner reviewed the changes made to the draft
ordinance. He concluded that this ordinance does not have an
enforcement section and that tenants would have to pursue remedies
through the courts.
Councilwoman Spiro asked, for the record, whether she should abstain
because she is a renter. City Attorney Flitner said Councilmembers
can vote on such smatters as a mayber of a class that benefits the
general public as conpared to a special interest. He said the same
reasoning would apply for a landlord. For exanple, Councilmembers, as
property owners, can vote on tax rates that affect their property.
Councilman Hollingsworth requested the record to reflect that he is
a landlord.
Public
Comments Mayor Reilly opened the meeting for public comments.
Sandra Fleming, 101 Enterprise Drive, representing Enterprise Properties which
manages 548 properties in Rohnert Park, explained that some tenants
stay 5 and 6 years but many only stay 2, 3 and 4 months. She pointed
out the conplex bookkeeping procedures that would be required.
Rohnert Park City Council Minutes (7) May 10, 1994
Mayor Reilly noted that the ordinance would apply to tenants that have
stayed for 12 consecutive months. Councilman Hollingsworth pointed
out that the fiduciary responsibility of the property owners would
require maintaining the separate accounts even if the tenants do not
stay for a year.
Nis. Fleming stated that it would be necessary for them to hire a
person just to do the record keeping. This is a college town with a
large turnover of tenants. She has been in the business for 10 years
and only two people asked for interest on their security deposits in
that period. If a tenant asks for interest on security deposits,
their answer is no, not unless or until it is a law.
Sandra Geary, 5759 Country Club Drive, said they manage approximately 400 rental
units and have never had a problem with this issue. When a renter
requests interest on security deposits, the matter is referred to the
owner. She confirmed that the increased costs incurred would be
passed on through the amounts charged for rents. There would be no
real savings to renters. Renters forget initial conversations. Even
if the terms are spelled out in the written lease agreement, renters
often do not remember. Ms. Geary stated that the City's recently
adopted resolution urging negotiations between tenant and landlord for
interest on security deposits is more than sufficient.
Hertzel Harrison, 4413 Hamlet Court, shared his solution for this issue: setting up
passbook accounts with a local bank in the name of each tenant and
with the landlord as trustee. This procedure would leave the
bookkeeping efforts with the banks. Mr. Harrison reminded the Council
that the law of the land is that a man's property cannot be taken
without due compensation.
City Attorney responded to Council questions related to this approach.
Councilwoman Gallagher made a motion, seconded by Councilman Eck for
discussion, to pass this ordinance. She explained that she was
formerly a landlord and there are many complications but it is simply
a business up front with people loaning their money up front and,
therefore, the least that could be done is for them to receive
interest on their money up front.
Councilman Eck disagreed with the simplicity angle. In the absence of
rent control, it may not prove so simple. If, on the other hand,
there were a mechanism simply set up through trustee accounts to make
both parties happy, it might be something he would consider. The
appropriate language must be in the ordinance. This would satisfy his
sense of fairness. He would not be willing to adopt the 3% to 4%
interest return on the security deposits and then turn around and have
the rents adjusted up in compensating amounts. He would not vote on
the motion as it stands or without ordinance language revisions.
In response to the Mayor's suggestion, the City Attorney agreed to
review the legalities of the trustee accounts. Councilman
Hollingsworth said individual landlords can set up trustee accounts
but firms probably cannot use trust accounts. In response to inquiry
from the Mayor, Councilman Eck left his second in place to table the
matter for two weeks pending City Attorney review of the matter and
then with further consideration of the recommended language revisions.
Rohnert Park City Council Minutes (8) 1-lay 10, 1994
Councilwoman Spiro said she could not support the ordinance as
written. Record keeping could be the duty of the banks and that
should be reflected by appropriate language changes in the ordinance.
She asked what happens to current renters with monies on deposit?
Would they start earning interest upon adoption of the ordinance
and /or would negotiations with them proceed in the future? What about
tenants on a month -to -month rental agreement?
Councilman Hollingsworth encouraged the Council to take action on
this matter.
Mayor Reilly pointed out that a voluntary effort had been attempted.
The Council needs a final opinion from the City Attorney before
proceeding with further consideration of an ordinance.
Councilwoman Gallagher withdrew her motion to allow time for the City
Attorney to review the issues. Councilman Eck wanted to leave the
motion and his second in place. He agreed that consideration with
concerns of this issue should not be prolonged. By leaving the motion
in place, introduction of the ordinance would be accomplished and a
public hearing could be held at the next Council meeting followed by
Council consideration of ordinance adoption.
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK PROVIDING FOR THE PAYMENT OF
No. 587 INTEREST ON SECURITY DEPOSITS
Upon motion by Councilwoman Gallagher, seconded by Councilman Eck, and
unanimously approved, the City Attorney was directed to review
legalities and prepare recommended language revisions for
CORRECTION from consideration at the next Council meeting, and Ordinance No. 587
5/24/94 Council was introduced.*
meeting: Per City Manager, this ordinance was not introduced,but tabled for 30 days.
Ben Friedman, 655 Enterprise Drive, said the record keeping costs incurred were tax
deductible. He referred to two states that have laws for requiring
interest on security deposits. There are eight cities in California
that require payment of interest on security deposits. Councilman
Eck responded that the referenced cities in California also had
rent control ordinances. Mr. Friedman explained that the laws of the
land clearly state that no one can deprive a person of his property.
Beth Robertson, 4301 Hatteras, Executive Director, Sonoma County Realtors Assoc.,
reminded the Council of past efforts related to this issue. She
pointed out that the California State Realty Board requires them to
put interest bearing accounts into separate accounts. She could not
foresee their bank taking on 5,000 accounts and providing them with
the required detail.
City Attorney Flitner requested thirty (30) days to review this matter
instead of the two (2) weeks signified in the above motion. The 2
week time frame would probably be sufficient for checking with
the local banks but not for review with the Department of Real
Estate. This involves a question of pre-emption and if they rule
to the contrary, a 30-day time frame would be more reasonable.
Council concurred.
Rohnert Park City Council Minutes (9) May 10, 1994
Establishing Teen /Youth Council - Assistant City Manager Leivo reviewed the results
of meetings with student focus groups at Rancho Cotate High School and
El Camino High School to discuss the Teen Council concept. He
responded to Council questions. Mr. Leivo advised that there were
students present at this Council meeting.
Mayor Reilly com ented that students would have to follow a screening
process in selecting an advisor. Assistant City Manager Leivo
responded that he thought the students would understand the importance
of a screening process.
Jennifer Mello, E1 Camino High School student, reviewed some benefits of establish-
ing a student council. If Council is considering a youth program, the
student council which could review matters and come back to the City
Council with ideas and recommendations. Ms. Mello noted that avail-
able student entertainment in the community is expensive. The
community should consider a dance club for persons under 21.
Teens could take on projects like painting over graffiti.
Discussion followed during which Councilwoman Spiro asked about using
the PAL building for youth activities. Councilman Hollingsworth
recommended, first, that steps should be taken toward the formation of
the Teen Council, after which, recommendations for specific activities
and facilities can be presented for Council consideration.
Nblly Wandrey, E1 Camino High School student, reviewed why students should assume
the responsibility of finding solutions for their objectives. Three
or four responsible students would be able to pass on to other
students what the City Council would allow and this would get the
teens involved in the process. Both adults and youths would need to
make compromises.
Assistant City Manager Leivo responded to further Council questions.
He asked if it was the Council's desire for staff to prepare a formal
proposal for creating the temporary student committee as proposed.
Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher,
to proceed with efforts toward establishing a Teen Council as outlined
in the above- referenced staff report, was unanimously approved.
Code of Ethics and Conduct/Updated City Policy - Councilman Eck reviewed the draft
resolution. He said the ad hoc committee comprised of himself and
Mayor Reilly had discussed adding a section whereby the Council would
agree to start each year with a brief review of this policy, but
decided it would not be necessary. He recommended adoption of the
resolution as presented to replace the former Code of Ethics
Resolution No. 72 -38.
Councilman Hollingsworth questioned the necessity of Section 7 -
Disclosure of Interest and Disqualification when this was covered by
the Brown Act. Councilman Eck stated that there were several repeti-
tious items. He felt that some items were important enough to repeat.
Rohnert Park City Council Minutes (10) May 10, 1994
Councilwoman Gallagher offered several suggestions. She asked that
the Code of Ethics be updated and, for the record, said such a code
has to do with morality and integrity and should not have ever gotten
this complicated. She distributed to Council an additional draft
resolution she prepared with her recommended changes. Ms. Gallagher
said the old Code of Ethics had some very good things in it and
recommended that Section 1 - Declaration of Policy and Section 2 -
Responsibilities of Public Officials be restored to the new document.
She could not have voted for the previous draft. It would have been
contested by the District Attorney. She asked for an explanation of
reasoning for the fourth item under Section 8 ".....with respect to
any city agency, board, or committee, shall act in an informed fashion
etc ...... with due respect for the independence and purpose of the
agency, committee, or board ". Councilwoman Gallagher thought this was
-CORRECTION froma sample of the complications involved on how to interpret differing
5/24/94 Councilopinions. Councilman Eck referred to Councilwoman Gallagher's
meeting: attempts at paraphrasing and re- cutting sections from the old document
back into the new one.x*� =n���
Per Councilwoman Gallagher, strike last line as was not actually what was said.
A motion by Councilman Hollingsworth, seconded by Mayor Reilly,
to call for the question, was unanimously approved.
Resolution A RESOLLTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AVEi LADING
No. 94-86 THE CODE OF ETHICS FOR PUBLIC OFFICIALS AND EMPLOYEES OF THE CITY OF
ROHNERT PARK
Upon motion by Councilman Eck, seconded by Mayor Reilly, reading of
Resolution No. 94 -86 was waived and said resolution was adopted as
presented without further changes or revisions by the following vote:
AYES: (3) Councilmembers Eck, Spiro and Mayor Reilly
NOES: (1) Councilwoman Gallagher
ABSTAIN: (1) Councilman Hollingsworth because
he did not like either option.
ABSENT: (0) None
Following the vote, Councilwoman Gallagher specified that she would
take this document to the District Attorney and expressed her opinion
that it is superseding state law.
Councilman Eck referred to the draft ordinance which related to
establishment of a Council policy dealing with Council ad hoc
committees and sub - committees. He said it is his view that it is
absolutely crucial that this Council abide by the Brown Act and any
attempt to create a quorum outside the regular agendized meetings
should be prevented. He signified that this ordinance amendment would
prevent this possibility.
A motion was made by Councilman Eck, seconded by Councilwoman Spiro,
to agendize the ordinance amending section 2.08.040 for introduction
at the next Council meeting of May 24, 1994.
Discussion included differing opinions pertaining to the relevance or
necessity of the referenced ordinance and its relationship to existing
Brown Act provisions.
Rohnert Park
City Council Minutes (11) May 10, 1994
Councilman Eck withdrew his motion. Councilman Hollingsworth
recormiended inviting a qualified expert to explain relevant details of
the Brown Act. *Councilman Eck clarified, on his part, however, that
whenever a third Councilmember arrived at any Council Committee
meeting thus creating a quorum, he would leave that meeting rather
than participate in the creation of a quorum. Said meeting could then
*ADDITION FROM
either continue with the remaining two Councilmembers, if that is the
3/24/94 Councilcase, or be deferred to another time when the appropriate two
meeting:
Councilmembers could proceed to review the matter without the concern
of a quorum being created.
Per Councilman
Eck, add comment that he also intends to announce that there is a quorum of
the Council
A motion was made by Mayor Reilly, seconded by Councilwoman Spiro, to
present as the
place the draft ordinance for introduction at the next Council
reason for his
meeting. The motion failed by the following vote:
leaving the meeting,
and then exit.
AYES: (2) Councilwoman Spiro and Mayor Reilly
NOES: (2) Councilmembers Gallagher and Hollingsworth
ABSTAIN:(1) Councilman Eck
ABSENT: (0) None
City Attorney Flitner stated that the City Attorney interprets the law.
If the Council wants to go beyond Section 54953 of the Brown Act, it
can do so. All meetings are open to the public except as otherwise
provided in Section 54953. Section 54952(b) applies to commissions
and boards whether permanently or temporarily created. However,
advisory committees of less than the quorum that are not the standing
permanent committees, are not subject to the Brown Act. If Council
wants to create notices for every meeting, this could be going beyond
requirement of the Brown Act.
Mayor Reilly stated that this is a dead issue since the preceding vote
signified there would be no further discussion.
Santa Rosa Subregional Long -Term Wastewater Project /Screening Report - City Manager
Netter explained that this matter was placed on this agenda so the
Council could express its preferences regarding wastewater treatment
alternatives and goals.
Councilman Eck confirmed that he agreed with the language in the City
of Cotati's letter dated April 28, 1994. The smaller storage
ponds /sites was the recommendation that emerged from the Policy
Advisory Committee.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, and
unanimously approved, to send a letter to the City of Santa Rosa
paraphrasing the recommndation signified in the above- referenced
City of Cotati letter on Subregional Long -Term Wastewater Project
Alternatives.
Sonoma County Agricultural Preservation and Open Space District re. Draft District
Policy on 'Recreational' Facilities and Uses - City Manager Netter
said the Council was provided with a letter dated April 29, 1994 and
the draft policy. The Open Space District is requesting verbal or
written comments by May 18th, 1994.
Rohnert Park City Council Minutes (12) May 10, 1994
Discussion concluded upon motion by Councilman Hollingsworth, seconded
by Councilmen-beer Spiro, to write a letter of response to the Open
Space District uryiuy the addiLiun of innovaLive gulf cuutses to the
District policy on Recreational Facilities, such as a sanctuary
natural habitat type of golf course with built in bicycle and /or
equestrian trails and that would utilize treated wastewater for
irrigation. Said motion failed by the following vote:
AYES: (2) Councilmembers Hollingsworth and Spiro
NOES: (3) Councilmembers Eck, Gallagher and Mayor Reilly
ABSENT: (0) None
Councilman Eck explained the agricultural preservation goals of
the District.
Transportation matters:
Sonoma County Transportation Authority May 2, 1994 meeting results -
Director of Public Works /City Engineer Brust reviewed the meeting
agenda. The MTC Regional Transportation Plan was adopted. It was
recommended that cities should consider a resolution adopting the 1989
101 Corridor Plan as the Interim Major Investment Study for the 101
Corridor. Councilman Eck also attended this meeting.
Councilman.
Hollingsworth- Councilman Hollingsworth left the Chamber at approximately 9:16 p.m.
leaves
Councilman Eck commented that unanimous approval of the MM Plan by
Sonoma County jurisdictions, might release the $80 million that has
been held in reserve because there has not been unanimous agreement in
the past.
Resolution RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING
No. 94-87 THE 1989 101 CORRIDOR PLAN AS THE INTERIM MAJOR INVESTMENT STUDY FOR
THE HIGHWAY 101 CORRIDOR IN SONOMA COUNTY
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, reading
of Resolution No. 94 -87 was waived and said resolution was adopted by
the following vote:
AYES: (4) Councilmembers Eck, Gallagher, Spiro and
Mayor Reilly
NOES: (0) None
ABSENT: (1) Councilman Hollingsworth
Article 34 Election /Proposed Ballot Measure - Assistant City Manager Leivo reviewed
the proposed resolution and responded to Council questions.
Councilman
Hollingsworth - Councilman Hollingsworth returned to the Chamber at approximately
returns 9:21 p.m.
Linda Branscomb, 6585 Cormerce Blvd. #188, stressed the importance of Article 34
ballot language. Low rent is not a viable term because it has a
negative connotation in the minds of some people and affordable is too
general a term for clarity of the proposal. Proper representation can
make or break the election results.
Rohnert Park City Council Minutes (13) May 10, 1994
John Hudson, 399 Bonnie Avenue, said he was responding to doubts expressed by a
Councilmember about the validity of Article 34. He shared contents of
his written statement provided to Council (copy attached to original
set of these minutes). The public has the right to vote on whether a
public body acquires or develops low rent housing projects. Those
who support fair share housing laws should comply with the California
Constitution. The city's obligation is to hold an election and gain
voter approval before it furnishes any housing.
Discussion followed during which Councilwoman Gallagher said she did
not question the validity of Article 34 but wanted to make sure it
does not include private parties. Assistant City Manager Leivo
signified that, hypothetically, Article 34 could apply to private
projects. W. Leivo explained that the term "low rent" comes directly
from Article 34. City Attorney Flitner expressed his opinion that
Council should not deviate too far from the Article 34 language in its
resolution. Councilwoman Gallagher asked if staff could find out
about getting definition clarification as it does have something to do
with the option. Councilman Eck responded that you can get in almost
as mach trouble in either direction. Efforts to cloud an issue can
become a campaign issue. He, therefore, agreed with the need to stick
close to the Article 34 language, as presented.
A motion by Councilman Hollingsworth, seconded by Councilman Eck, was
unanimously approved, to choose Option D of the draft resolution for
the proposed Article 34 Ballot Measure for further consideration at
the next Council meeting of May 24, 1994 and direct staff to prepare
above - reviewed language changes for definition clarification but to
stay as close to Article 34 wording as possible.
Adjourned Council meetings:
City Manager Netter advised that the Council was provided with
adjourned meeting minutes, which reviewed (1) the G & H Section Town
Hall Meeting held April 28th, 1994, and (2) the Mobile Home Parks
Neighborhood Meeting held May 3rd, 1994
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.
Councilwoman Spiro referred to item #20 on communications from the
U. S. Conference of Mayors urging support of HR 4296 regarding ban on
assault weapons. She recommended sending a letter of appreciation for
this effort. Council agreed.
Councilman Eck asked if the various funding requests on this and
recent comninication lists were automatically being referred to the
upcoming 1994 -95 budget work sessions as items to review and consider.
City Manager Netter responded yes.
City Manager Netter referred to item #6 on communications from the
California Department of Finance regarding the Sonoma County
Population and Housing Estimates as of January 1, 1994. He pointed
out that Rohnert Park had a low percentage population change, a .95%
annual increase. Councilwoman Gallagher asked if the City's
population sign could now reflect the new population figure. City
Manager advised Caltrans would make that decision.
Rohnert Park City Council Minutes (14) May 10, 1994
City Manager Netter referred to item #18 on communications from
California's Junior Miss and asked if the Council wanted to consider
their funding request. Councilmembers agreed that there would be
sufficient time to review the request during the 1994 -95 budget
work sessions.
Councilwoman Gallagher referred to item #16 on communications from Lew
Kuehm for Youths of the Year for the scholarship awards program and
asked if the previously approved funds were available. City Manager
Netter responded yes, on a matching fund basis.
City Manager's report:
1. Senior Center /COYF Space at North Station Update - City Manager Netter
referred to a staff report dated May 2, 1994 from Com mity Resource
Specialist Kathy Vander Vennet regarding this item. He responded to
Council questions. Councilwoman Spiro requested clarification of
plans for use of the all- purpose area in order to share the
information at the Senior Advisory meeting to be held next Monday.
2. 94 -95 CDBG Technical Advisory Committee (TAC) funding recomnendations-
City Manager Netter reviewed the staff report dated April 28, 1994.
3. Robert E. Dennett vs. City of Rohnert Park settlement - City Manager
Netter explained this item.
4. Golf Course Committee meeting - City Manager Netter advised that the
Golf Course Comnittee planned to meet with the Men's and Women's Golf
Club at 6:30 p.m. next Monday, May 16th, to review various concerns.
5. Youth and Family Services Open House - City Manager Netter advised
that an open house would be held on May 19, 1994 at 3:00 p.m.
6. 1994 -95 Budget reviews - City Manager Netter said he would be meeting
with Department Heads next week. The proposed 1994 -95 budget will be
completed and available for distribution at the June 14 Council
meeting. The Council will need to consider dates for the budget work
sessions, preferably between June 15 and June 28, 1994.
7. PRINK, Conference - City Manager Netter announced he would be attending
this conference regarding municipal insurance next Monday through
Wednesday, May 16 -18, 1994.
City Attorney's report:
1. Price Gouging /legislative update - City Attorney Flitner referred to
his previous memorandum dated April 13, 1994. Apparently, state
legislation regarding price gouging is not proceeding. However, City
Attorney Flitner will continue to monitor the issue.
2. Hillsboro Properties vs. City of Rohnert Park - City Attorney Flitner
stated the Court has issued a decision granting the plaintiff's
petitions. A status conference is scheduled on June 10, 1994 to
discuss the issue of damages.
3. Protest to ABC on Wine Center - Update - City Attorney Flitner stated
that the Administrative Hearing Officer has ruled that the petitioner
failed to provide reasons why the license should not be issued.
Rohnert Park City Council Minutes (15) May 10, 1994
4. Berger vs. City of Morgan Hill - amicus support - City Attorney Flitner
explained this request, dated May 2, 1994, from the City of Nbrgan
Hill. The League of California Cities' contents that the City of
Morgan Hill should not be bound by an alleged oral agreement made by
staff that was contrary to a final decision by the City Council. City
Attorney Flitner recommended amicus support.
A motion was made by Councilman Hollingsworth, seconded by Council-
woman Spiro, and unanimously approved, to participate in amicus
support of Berger vs. City of Morgan Hill as requested.
Matters 1. Council Committee designation for Sonoma State University - City
from/for Manager Netter explained that this item was carried over from the
Council recent joint meeting with SSU. Councilwoman Gallagher and
Councilwoman Spiro signified interest in being on this ad hoc
committee. Mayor Reilly so designated the committee.
2. Recycle bins in apartment complexes - Mayor Reilly confirmed his
request for this item to be placed on the agenda. He referred to the
project by students of John Reed School and his promise to 3rd graders
to follow up on possibilities for recycling bins in apartment
complexes. Assistant City Manager Leivo reviewed past efforts to set
up recycling bins in apartments. Some complexes refused and in some
it was physically impossible. Generally speaking, Rohnert Park is
ahead of other cities in the recycling provisions for apartment
complexes. Mr. Leivo advised that a update presentation by EVire
Waste Management is scheduled for the next City Council meeting of
May 24, 1994.
3. 100th Anniversary LUTHER BURBANK ROSE PARADE beginning at 10:00 a.m.,
Saturday, May 21, 1994 - The Mayor announced this event.
4. Fabulous Follies - Councilman Eck reminded Council and esteemed cast
of the Fabulous Follies that this year's performances will be on
Friday, Saturday and Sunday, May 20, 21 and 22, 1994.
5. Broken windows at former A&W building on SW Blvd. - Councilwoman Spiro
expressed concern about the condition of this boarded up building and
noted that there was broken glass on the outside. City Manager Netter
responded that staff will work to resolve this problem and will make
sure the broken glass is cleaned up. Council recommended comami-
cating directly with Maurice and Betty Fredericks regarding the matter.
6. Councilwoman Gallagher referred to the earlier mention of the Sonoma
County Humane Society's recognition of the new Animal Shelter and
asked if the City should also prepare a resolution recognizing the new
Animal Shelter separate from the recent recognition of FAIRE.
Unscheduled
Public Mayor Reilly asked if anyone in the audience wished to make an
Appearances appearance at this time. No one responded.
Adjournment Mayor Reilly adjourned the meeting at approximately 9:59 p.m.
71;
1-7 Cit
THE PUBLIC HAS THE RIGHT TO VOTE ON WHETHER A STATE PUBLIC BODY
'LUDING CITIES, COUNTIES, HOUSING AUTHORITIES, COMMUNITY DEVELOPMENT AGENCIES)
ACQUIRE OR DEVELOP LOW RENT HOUSING PROJECTS
Article 34 of the California Constitution requires a public vote
in any city or county where a low rent housing project is proposed
to be developed or acquired in any manner by the State of California,
any city, any county, any housing authority, or any other public
entity established by the State of California, including community
development agencies. If the state public body finances the project,
guarantees payment of a..debt, furnishes.labor, or other material aid,
Article.34 applies to the project even if the project is owned by a
private party.
THE ARTICLE 34 VOTING REQUIREMENT HAS BEEN
UPHELD BY THE UNITED STATES SUPREME COURT
The United State Supreme Court has held the right of the public
to vote on whether low rent housing projects under Article 34 of
the California Constitution to be valid under the United States
Constitution. (See James v Valtierra (1971) 402 U.S. 137, 91 S. Ct. 1331)
Responding to a challenge based on a claim that Article 34 was
discriminatory in violation of the Equal Protection clause of the
14th Amendment to the Constitution of the Unitied States, Justice
Black wrote:
"... Provisons for referendums demonstrate
devotion to democracy, not to bias, discrimination,
or prejudice...
This procedure ensures that all the people
of a community will have a voice in a decision which
may lead to large expenditures of local government
funds for increased public services and to lower
tax revenues. It gives them a voice in decisions
that will affect the future development of their
own community. This procedure for democratic decision
making does not violate the constitutional command
that no State deny to any person 'the equal protection
of the laws.' "
James v Valtierra, 401 U.S. at p.p. 141 -142, 9;1 S. Ct.
at p. 1334 =-
ARTICLE 34 PREVAILS OVER THE "FAIR SHARE HOUSING LAWS"
For several years the Rohnert Park city government has been telling
the public that the state re;uires that the city construct its
"fair share" of low rent housing and that the city has an obligation
to furnish housing. The so- called "fair share housing laws" are
ordinary statutes enacted by the state legislature. Article 34 is
part of the California Constitution. Therefore, the "fair share
housing laws" are void to the extent that they conflict with Article 34.
The city's obligation is to hold an election and gain voter approval
before it furnishes any housing.
ARTICLE 34 HAS THE SUPPORT OF THE GREAT MAJORITY OF VOTERS
In November, 1993, 61/ of the voters statewide voted to keep Article 34.
PETITION
EQUAL JUSTICE FOR WOMEN & CHILDREN IN SONOMA COUNTY
A Plan of Action for the City Council
We ask that the City Council and its individual members sign on to the
petition and /or issue a resolution to show that your Council recognizes the
seriousness of the problem of violence against women and children in your
community; recognizes your constituency's concern and efforts to have their
government address the problem more effectively; and states your commitment to
make positive, substantive change in this area.
The following are suggested actions to be taken by the City Council in
order to meet the individual requirements of the Equal Justice for Women &
Chidren petition.
THE DISTRICT ATTORNEY'S OFFICE
Write letters to the District Attorney and to the Board of Supervisors
stating your support for the provision of the petition pertaining to the District
Attorney. Your letters should emphasize that the District Attorney should be
committed to reassigning prosecutors so as to prioritize the prosecution of
sexual assault, domestic violence and child abuse; and to supervisory approval
before such cases can be dropped.
SENTENCING
Write letters to the County Probation Dept., District Attorney and the
Presiding Judge expressing your Council's position that the first priority in
sentencing in cases of violent crimes within the family should be to insure that
family members are protected from the perpetrator. The letter should include
your request that all current county and state policies and guidelines be
followed regarding probation and diversion from incarceration, and that
compliance with these guidelines be monitored. Such monitoring should include
public input.
Because the prioritization of family reunification is mandated by the State
of California, -the City Council should send a resolution or letter to the State
Assembly expressing your recognition of the fact that family reunification is not
always in the best interest of the child, especially in cases of wife battery and
sexual assault against children. Your letter should ask that the policy of
state - mandated prioritizing of family reunification be reviewed.
POLICE FORCE
• Mandate annual training on domestic violence and sexual assault for all
police officers. Training should be conducted by victims' advocates. Monitor
to see that the training occurs.
- 2 -
• Express to the police agency that it is the will of the City Council
that the percentage of female officers should be increased immediately to the Bay
Area average of 8o and rapidly increased to 50 %; that the percentage of Spanish -
speaking officers should be increased immediately to 5 %, and rapidly to meet the
percentage of Spanish- speaking persons in the community.
• Conduct yearly assessments (to include public input) of the police
agency's compliance and /or progress in these areas.
• Write a letter to the Board of Supervisors expressing your support for
a county ordinance which would prohibit police from providing any data to the
Immigration & Naturalization Service on crime victims and witnesses.
DOMESTIC VIOLENCE
Write letters to your police department and to the District Attorney which,
at the very least, express your concern regarding the extremely low conviction
rate on domestic violence, and requesting that they submit to you a plan of
action for bringing the conviction rate up.
To the police agencies, mandate that reports be written on all domestic
violence calls made by police so that they come into compliance with state law.
Also, mandate that they report annually on their compliance with all state laws
and guidelines. Conduct a yearly review of their compliance, which would include
public input.
Regarding the filing system for temporary restraining orders, the computer
system now in existence is totally inadequate. Instruct that an effective
central filing system be created, and set a date by which this must be completed.
Monitor to see that the deadline is met and that the system is adequate.
Monitoring should include public input.
STATISTICS
Issue a directive to your police agency and request the District Attorney
to maintain statistics on total police reports, arrests, filings, and convictions
of domestic violence, sexual assault, and child abuse. These statistics are to
be issued on a regular basis (at least quarterly), and are to be reported
publicly.
For further information: WOMEN AGAINST RAPE PURPLE BERETS
P.O. Box 1426, SR 95402 P.O. Box 3064, SR 95402
545 -7270 528 -9043
C",WXZ AND ZCA�W OF SLPFAVISORS
EQUAL JUMCE FOR WOMEN AND CHDDRM 1KS0N0Mk COUNTY
The 4" Jumdca ft
LWA= And CWbWM &0= seeks to move Somme County forward
in Wdiessift WWh"ckW v'okficc 39UW Vionlan VW 'A'l*m The Petition is not a voter
infdmlve, ratba it wa prqwW to am we as an Vqn%%,,jn8 of the public: with that the criminal
iubt'ce M-M immCQUWY ad A&VIVNIAlly iaVrova its ropmse to violent crime:: -
Women NW drildres.
None of the roandks Callal for in the petition is rA&Wnr umrw. Toge*ff or ladivisinaily,
311 the ChAnPS are CUM* Wfiq and Vactice in any Au bw sif pugre%ive law CuWCVaWWL
HPMM thM913M California and the I Inited States.
The peilbon makf% no B"Pt to Cover 9U WO CWMM "WdW to W= %PW JUSIRM for WIDMen
OW dWdM What is hoped i-q that key changes have btu kjeodfed, MW that their nWWta*n
will be an encourapment and a wn4v for Nuqmg &b" the rest.
'Dx MuwWg is a polo-by-point CXpW1&WM of why the remodas listed in am petition are 3o
Crucial.
M DISTRICT NEWMAY'S OEPICE- D06ble frog! 4 to It the number ot'Dqqq
Dustrict Aumwp mugned to doumficnokmm, r&" and duW abm.
It 0vasiall the munim of TXTuty DA's tlwougb rowzign.na saves the pm-pon of sWftg
Caavmoas away Lrum Vn4w!rty md "victimless" cruacs, and memmizing effort avwk aum
of viOlence ag3i= persons, PWr1iCuMY 8911bm those Vauft who have been most neglected by.,
the qqffln; i.e., women and duldralL
Inermsifig the 17VONCution 6110A at the r*nia Attorney *W is key to apating the
process to women and children at all kv*W of the munno justice ryftm. At pragni, FAice,
PWWttv0 servim, ad other repardeg agencies oftm bow= fims"W SA negeCMd wham
they know -head of time that uwz at the DA's office tftw casw "aren't going wqwbae,
anyway , .0
Rtqmft 309cnismY RTrwmt Wha milivWkml Deputy DA's am mJea eases 9f soma
455mdt, dommak vivinKa, or child above.
CW rem fly, individual LkVuty DA's dmidn whkh cam will be accepted ur rejected for
prosecatim, In addition, there U no requkeniant that site or he sm the reasons bddW ffim
dGGW=. It's A tens OrA that a sulmatial murlba of domesfic vi AMM 8W $M&I &SMA
cases disappest Ilum We system. Requiring supervisory 3PP[Mat for A ddGiShM tD reject A CM,
while not a guarantee would be a binp forward to assuring ft individual bum du um reign
unchecked in these decisions.
S I
UNTENOHQ CowmWing MW &A be used as a subsdoAt to jail.
Owmeling Rhmid be an IMC9111 Part of society's response to 411 crhm. Thu problem arims
wbm die coutU Zmmunuake by Freduminnntly m*Hng only counseling for enin" of violm►
aPMA women and CJBWCB. while: 0irdering im.at['e nn for fxtw CrImm. Thh practice awn
a two-derled system of justice. and sends 44agam 1nvs&4@z to smb". one, ttM Crimes of
violem-e apiza women aM 4,hiWrcn we less serous tbu oWa crum; and two, dr-a warnest
and chi &m du mA unirit *real"justke. Ac arch, ft SM9e is repeatedly so and legitimized for
even mom violence.
While counseling should remain an u 9W put of the SYWM'b rnImmse tat dmw crimes,
vuurts must equitahly include isolaOoft of die perpetrator from society and other' punitive
mama in IM bww usaunar as it ck= for cdw crimes.
SWP Prioritizing family =unification for Wilit ball ing anal child sexmid ansuh.
Frnm arw prnxticm to sm-winp- at every Level of the criminal justice syswin, •fwnfly
fcudilic vn Priu&Y* mwdm KiN* FmhaTUCe 10 k0el)ing or returning violent family members
into the family. What dx courts are really doing is uphulding the policy that n man's home is
his coade at the expense of womica and chikhfrw'% fight to five-free of violome, And they
frequently do so rmatuvur diner vm-ifavm objectinm of the vklbw. (OVER)
FOR COPIES OF PETITION WOMM ACANfr LOB PURPLE DRIUM
OR BACKC,,ROUND SIMET: P.n not 1426 P.O. Bhx 3066
&UM ROOL CA "4M S=14 PaW CA 9901
assaa=PMjf1R;zQ=,- mandate tt fns all police officers. �i �� aa�oae on domestic rioleme and sexntnl
Society's awat=ntsc that violent crimes agai= wottte2 and childnm must be ftatsd serluusly is
P,rnwiag rapidly. It's awienrial that pow HVInCieg keep PKe. Some in Sunom County :` Ndy
yin so VOIUMMY1 others do not. Lt's for for latter that ft mxadage is may.
Immediately incr+easm the parCROW of female of acaa in ,%aoma Coomq frm the
cua«t 3% to stet tie eatinmd average Of 8%. rapidly im� to 50%.
it u a di grree mta Swwtna t cooly pulii'a form hm lest than half the perea�e of fie We
ofd as We dal average, espralatiy 1-1msidetint that most od1w Bay Area police form
We fkr ext6" d the notional average. The unwillingrnes of Sonoma County puhne to h t pft
their faf= is alto a disturbing indkadoo of dbarMl imimy Anhudes toward woam& momVer,
since Nniies eowutwdY shm that fc=16 oifl= reapood bviter to crimes of violence agmud
warren than do nwk officers. it's urEatu tbm Sonoma Conroy act now 0 rase its fames,
Pass a Coo4y oniiaance probMitiieg polite form pe+tmditsg any d4% to rite ImodgmtIon
and Natax}fzltiott Swvicm oa crinniee vlCom and wib nom sot - doeslseWod P
treed but frar got" to the Pt ".
Fear of de xwbd nm keeps thousat 6 of pars m in ours t'rom
tgnttrting teat the wort
serious crimes against there or fkom comicsg forwind on crimes they have W taeeweci. Most Bsy
Arcs =on have Pm and NUCh ordinances in rwopmi m that ahi members of a cotnmtmity !rave
a tight to }unite. Laving whole %ec'tm of the com=,Wty withma safe aecws to jttgWo naaI=
ialdp t women esperlaily v d=Ub* fcwtees the grovrttt of crimn, and. ditiatalt
nes pot= fat
all poopk. _
Tm iy inn a the natltta of Spaois4.•tit em unk= to -IS, and rapWy ieffew
- m mat the Pmaata_go of Spaniel -T- eeldsg paw is rho Wmaueity-
'1 huv-wv enti:+e polka fot= in Sonoma QXl ty that have aQ SpnobjpW&ng ogicest, and
attire shifts of tho Santa 1tosa Police Dept, with uu Sp WL,*- speaimtg officers. In a cotmty with
'3" a large Spamtlt'spwEing lx mtm nkY, ihia situation a & gmw and Wit. T&%,b it's
ftwxd al that All levels of the c =nd jamcx sys M esubb s collVelaq. tie raced is
espoeially Wa"llicsg far Pence agencies, since deaf arc madoeiy CdW w aftgdjo+m vtdtere *of
is no timd to make an apps with, a t MWIM r,
Mattda#e Pet, sad imy ciwm in so *WHEW rtoicmae
rmoh mg In Iajaty.
The Califnwnis penal code allows for leluny charges in doate= vialenem when thm is iajurtr,
"ahetba of a mina or gwkxn oat=." in Swwma County, felony chug" am rattily fried in
domestic violence cam. All too often, the rettsit is a mvulvbg door of mb&ma= i'mes,
more beadv6s, moue traunvttize i children and more Mmawwng of violent taco ad of women
Uvptxi in violence.
Mandm attest for any Violation of dosestie restrsiawg ordm; establlai 4 teaata3 filing
uYstem for iemedb to t0=q -W1da accesmt to entreat resuZinjag otdws.
iteattaining onirrs ate notoriously moff=vg, in part because tkither violtgi = of mstraining
tsncicts nor the restr==9 orders thtmuelves are Wk= seriWdY, VM by polka. A,,,, Mn for
violations and the allbU mmmt of a C,.MW rising $y mare ess�vtaal WP to navetsing the
OM perpet WMM now show fnr re q(y,
+SIAIiS2lfM Mandate that an police agvntaes and fire L)ub let Atlarney's offtte
maintain madstks oa total polite repasts. attests, rilitngs, anti eottvktioas of dontesdc
viol, sexual aatsauit and child Mme.
Aside from thu number of fotabte rapes reporter! to police, ail other atatistiQ in the pcthioa were
COMP" OULY afire sputaai reyuem trade to the DA's office and pollee faces. Star om on
viuk mm against women sad cb"nn mt:at be traded oft a regular Iwsis if We art to aillIUMMly
witlrtstand the Xoblem and evaluaW the aysteta's response.
Tt is impossible to wmtiicate vioteace from society if we don't also eliminate physical sad
sexual vioieacme Cram the home!
If >100 Wee dot ulimimdng violate agaiaat women mid Chf}dM should to a ptwrity of law C
cufufmUfft, and Got aft but iguurod = is curtindy the trio, phase Photocopy ad distribute this
backgtoaod ndurma km and the petition► far t[
EQUAL JUSTICE FOR WOMBN AND 4:HII.DREM TN SONOMA COURM I
PETITION
TO THE CITY COUNCILS AND THE BOARD OF SUPERVISORS OF SONOMA COUNTY
EQUAL JUSTICE FOR WOMEN AND
CHILDREN IN SONOMA COUNTY
In Sonoma County in 1992, the District Attomey's office obtained rape convictions in only 6% of forcible rape
cases reported to the police. Only 1 and 1/20% of domestic violence calls, and only 2% of child sexual abuse
reports resulted In the filing of felony charges." Moreover, the vast majority of violent crimes against women and
children are never reported because women despair of ever obtaining justice.
The criminal justice system's failure to adequately respond to violence against women and children in Sonoma
County not only Is inequitable and intolerable, but it also helps perpetuate this violence.
We call on the City Councils and the Board of Supervisors of Sonoma County to take the following immediate first
steps in stemming the tide of violence against women and children:
THE DISTRICT ATTORNEY'S OFFICE: Double from 4 to 8 the number of deputy District Attorney's
assigned to domestic violence, rape, and child abuse. This can be accomplished through reassignments within the
current pool of 38 deputy DA's. Require supervisory approval before individual deputy DA's can reject cases of
sexual assault, domestic violence or child abuse.
SENTENCING: Counseling must not be used as a substitute for jail. The court must also order isolation of the
perpetrator from society as it does for other serious crimes. Stop prioritizing family reunification in cases of wife
battery and sexual assault against children.
THE POLICE FORCE: Mandate annual training sessions on domestic violence and sexual assault for all police
officers. Immediately Increase the percentage of female officers in Sonoma County from the current 3% to meet
the national average of 8% and rapidly increase to 50 %. As many local counties have done, pass a county ordi-
nance prohibiting police from providing any data to the Immigration and Naturalization Service on crime victims
and witnesses so nondocumented persons need not fear going to the police. Immediately increase the number of
Spanish -fluent officers to 5 %, and rapidly increase to meet the percentage of Spanish - speaking persons in the
community.
DOMESTIC VIOLENCE: Mandate arrests and felony charges in all domestic violence resulting in injury.
Mandate arrest for any violation of domestic restraining orders; establish a central filing system for immediate
county-wide access to current restraining orders.
STATISTICS: Mandate that all police agencies and the District Attorney's office maintain statistics on total police
reports, arrests, filings, and convictions of domestic violence, sexual assault, and child abuse.
Name Address City Zip
"In Sonoma County, 1992:181 forcible rapes reported to police resulted in only 11 rape convictions; 1,998 domestic violence calls
resulted in the filing of only 30 felony charges; 1,444 reports of child sexual assault resulted in the filing of only 31 felony charges.
Sponsored by: Purple Berets, Sonoma County Women Against Rape, Bom of Woman, Coalition for a Rape Free Community,
Commonwoman's Health Project, Feminists on Campus (SRJC), Immigrant Women's Task Force of the Coalition for Immigrant and
Refugee Rights, Men Evolving Nonviolently, Men's Pledge of Resistance, Parents for Title IX, Peace and Justice Center, Petaluma
Peace Group, Sonoma County Commission on the Status of Women, Sonoma Co. Homeless Union, Sonoma Co. NOW, Women's
Choice Clinic, Women's Voices
Mail to: SONOMA COUNTY WOMEN AGAINST RAPE PURPLE BERETS
P.O. Box 1426, Santa Rosa, 95402 QR P.O. Box 3064, Santa Rosa, 95402