1991/01/08 City Council MinutesRohnert Park City Council Minutes
January 8, 1991
The Council of the City of Rohnert Park met this date in
regular session comrencing at 7:00 p.m. in the City Offices,
6750 Commerce Boulevard, Rohnert Park, with Mayor
Eck presiding.
CALL 70 CFUXR Mayor Eck called the regular session to order at approximately
7:25 p.m. and led the pledge of allegiance.
Mayor Eck advised that a closed session commenced this evening
at 7:00 p.m. to discuss litigation matters, personnel matters
and real estate negotiations. He said no action was taken and
there was nothing to report at this time.
ROLL CALL Present: (5) Councilmembers Hollingsworth, Hopkins, Reilly,
Spiro and Mayor Eck
Absent: (0) None
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner, Planning Director Skanchy, City
Engineer Brust, Assistant to the City Manager Leivo, Finance
Director Harrow, and Director of Performing Arts Center Grice.
Invocation Mayor Eck explained that it has been the custom of City
Council to start each new year with an invocation. He
introduced Father Stephen J. Canny of Saint Joseph Catholic
Church, uho gave the invocation.
Televised Maeting Mayor Eck welcomed representatives filming tonight's Council
meeting. He said a public interest group filmed and televised
the previous Council meeting cNhich was shown as tape delay on
public access station Channel 6.
Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilmenber
Spiro, the minutes of November 30, 1990 were unanimously
approved.
Upon motion by Councilman Hopkins, seconded by Councilmember
Spiro, the minutes of December 11, 1990 were approved by the
following vote:
AYES: (4) Councilmembers Hopkins, Reilly, Spiro, and
Mayor Eck
NOES: ( 0 ) None
ABSENT: (0) None
ABSTAIN: (1) Councilman Hollingsworth
Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved, the bills presented
Per the attached list in the amount of $3,028,058.30
were approved.
Rohnert Park City Council Minutes (2) January 8, 1991
Mayor Eck queried if any Councilmember had any non - agendaed
Matters items to add to the agenda.
Councilman Reilly said he had one item to add to the agenda.
LYIsdheduled Public Mayor Eck stated that in compliance with State Law (The Brown
Appearances Act), anyone in the audience who wished to make a comment may
do so at this time.
Ste%P Weis Steve 'T=is, 1382 Marigold Place, said Jay Potter should not be
reappointed to the Parks a-d Paz Ccmussic use of a conflict
of interest as owner of a tennis shop, as well as being a
tennis teacher. He also expressed concern regarding Mr.
Potter's receipt of a mailing list for his campaign at no
charge of which he did not think others running for election
would have the same advantage.
Resolution No.
91 -01
Resolution No.
91 -02
Resolution No.
91 -03
Resolution No.
91 -04
Resolution No.
91 -05
Councilmember Spiro responded that she had received an
anonyrmus letter regarding this matter and that there were
inaccuracies in the foregoing statement. She said Mr. Potter
does not own a tennis shop, has not owned one for sometime,
and does not have plans of going back into that business.
Mt. Weis said he had read the information in a news-
paper article.
C O N S E N T C A L E N D A R
Mayor Eck queried if anyone had any questions regarding the
matters on the Consent Calendar which were explained in the
City Manager's Council Meeting Mamo.
Acknowledging the City Manager /Clerk's report on the postinq
of the agenda.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PART{
EXPRESSING APPRECIATION TO JUD SNYDER
A RESOLUTION URGING ALL RETAIL MERCI','iS Ti'i PREVENT THE SALE
OF MBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS
RESOLUTION AMENDING RESOLUTION OF INTENTION TO ORDER
IMPROVEMEW IN MILLBRAE AVEMJE ASSESSMENT DISTRICT, PROJECT
NO. 1988 -1
A RESOLUITION DESIGNATING, AUTHORIZING, AND APPROVING THE
INSTALLATION OF STOP SIGNS (At the Liman Way and Landsdown
Circle intersections)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
RATIFYING THE PURCHASE OF A FIREMUCK FOR THE DEPARTMENT OF
PLULIC SAFETY FIRE SERVICES
Rohnert Park City Council Minutes (3) January 8, 1991
Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
91 -06 AUTHORIZING THE CITY MWAGER TO EXECUTE STATE -LOCAL ENTITY
m.STER AmEENENT AND PROGRAM SUPPLEI4= (SB 300, formerly
SB 140)
Resolution No. A RESOLUTION AUTHORIZING MAYOR TO EXECUTE CERTIFICATION FOR
91 -07 GRAM'S, LOANS, AND COOPERATIVE AGREEMENTS (Section 1352 of
Caltrans Agreement)
Upon motion by Councilman Reilly, seconded by Councilman
Hopkins, and unanimously approved, the Consent Calendar as
outlined on the meeting's agenda was approved.
Resolution No. A RESOLUTION OF AWARD OF CONTRACT - SPORTS CENTER RECEPTION
91-08 AREA RENDDEL, PROJECT NO. 1990 -15
City Manager Netter explained the resolution.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, reading of
Resolution No. 91 -08 was waived and said resolution was
adopted.
Resolution No. A RESOLUTION OF AWARD OF CONTRACT - COW -VITY OUTREACH FOR
91 -09 YOUTH & FAMILIES CENTER, PROJECT NO. 1990 -9
City Manager Netter explained the resolution. He also
referenced copies provided to Council of letter dated January
3, 1991 from Hugh Codding of Codding Enterprises confirming
commitment of contribution in the total amount of $150,000 for
Codling Center improvements. Mr. Netter said the funds would
be used for improvements of Project No. 1990 -9 and the fire
sprinkler system, with the remainder to be held for
improvements to the Codding Center.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, reading of
Resolution No. 91 -09 was waived and said resolution was
adopted.
Scheduled Public Appearance:
American Golf Corp. In the absence of representatives from American Golf
Corporation who were unexpectedly called out of town tonight
for other business, City Manager Netter explained that a check
was received for presentation to the City of Rohnert Park in
the amount of $25,000 as a contribution for the Dorothy
Rohnert Spreckels Performing Arts Center's Endowment Fund.
Request was made for the Mayor to accept the check and
authorize the Performing Arts Center to display a plaque in
recognition of the $25,000 contribution.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved to accept
the $25,000 contribution from American Golf Corporation to the
Rohnert Park City Council Minutes (4) January 8, 1991
Dorothy Rohnert Spreckels Performing Arts Center and authorize
a plaque to be displayed at the Center in recognition
of the contribution.
Bay Vision 2020 Arnando Flores, 4949 Snyder Lane, referenced copies provided
to Council of Bay Vision 2020 Review Draft Report and shared
some of the contents therein. He said the Bay Vision 2020
Coalition is a group of thirty -nine members and was uniquely
made up of individuals conmitted to the welfare of the Bay
Area. The charge of the cort—mission was to look at the area
and maintain the high quality of life. Individual cities
handle jobs and responsiblities very effectively, but it is
realized that individuals cannot handle the upcoming traffic
congestion by themselves and there are concerns about urban
sprawl, loss of open space and farmland. Mr. Flores
referenced and reviewed "D" Section of the Bay Vision 2020
Review Draft Report entitled "Regional Governance" (copy
attached to original set of these minutes) and shared portions
of the contents explaining the inadequacy of the present
regional governance and specifying the need for a more
integrated governing system. A nine- county Regional
Commission should be created by consolidating existing
agencies which would combine at least the functions of the Bay
Area Air Quality Management District, the Metropolitan
Transportation Commission, and the Association of Bay Area
Governments. With the help of legislature, such a commission
could be formed this year which would obviously require local
governments to give up some local authority. Mr. Flores
requested Council to review the report and make comments to
the final report.
Discussion followed during which concerns were expressed
regarding the criteria used to identify issues of regional
concern, what will stop the other eight counties from
overriding the desires of Sonoma County, loss of local control
to regional government, and other issues. Council concluded
by saying there should be a spirit of cooperation.
Jud Snyder, Mayor Eck invited long- standing, Clarion reporter Jud Snyder
Clarion Reporter to the podium, presented him with a gift on behalf of the City
Council, and shared contents of resolution adopted on
tonight's Consent Calendar in appreciation of Jud Snyder on
the occasion of his retirement.
American College City Manager Netter explained copies had been provided to
Theater Festival Council of memo dated January 4, 1991 from Director of
Performing Arts Center Grice regarding American College
Theater Festival's funding request as directed by Council at
the previous Council meeting and shared the contents therein
recommending approval of the $4,600 contribution. This
contribution was tentatively approved at the previous Council
meeting and staff was directed to make sure the rates charged
at the Festival are consistent with the Performing Arts
Center's policies. Staff was also directed to indicate the
Rohnert Park City Council Minutes (5) January 8, 1991
source(s) of funding and how it was to be spent. City Manager
Netter recommended that if the Council desired to contribute
to the Festival that the $4,600 be offset by profits made by
the festival (Mr. Netter outlined revenue vs. expenses) of
$1,800 and diverting $2,800 from the sports team allocated
budget. He also recommended that $3,000 of the $4,600 be
spent directly on promotion of the City, the Performing Arts
Center and Sonoma State University.
Discussion followed during which it was confirmed that this
was not planned to be an annual event and therefore not
necessary to implement into the City's annual budget. It was
also confirmed that the sports team funds balance would still
be approximately $2,000 and if additional funds are necessary
before year end then other transfers could be made.
A motion was made by Councilmember Spiro, seconded by
Councilman Hopkins, and unanimously approved, to approve a
contribution of $4,600 to the American College Theater
Festival for this year's activities at the Performing Arts
Center and the Sonoma State Lkiiversity Center, offsetting
part of the grant from sports team accounts as recommended
by staff and confirming the use of $3,000 of the contribution
to be used as direct promotion.
Ordinance No. 531 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAP'T'ER 2.24
OF THE ROHNERT PARK M- JICIPAL CODE TO REDUCE THE NUMBER OF
MEMBERS OF THE REGULAR MEMBERSHIP OF THE CULTURAL ARTS
CCMISSION FROM SEVEN MlvBERS TO FIVE MEMBERS
City Manager Netter said copies were provided to Council of
ordinance for introduction to reduce Cultural Arts Commission
membership to five members. He said this was the correct
procedure for commission membership reduction rather than by
the resolution listed on tonight's agenda. He also pointed
out that the record shows that the Senior Advisory Commission
was previously reduced to five members. He referenced a phone
message received from Nancy Seymour, Chairman of Cultural Arts
Commission requesting Council to delay action to reduce the
Commission to five members for at least one year as the
Corporation has been making efforts to revitalize its Board
and the extra people are needed to handle the workload
generated by the large community involvement.
Discussion followed regarding the logic of delaying the
reduction of members on the Cultural Arts Commission for
another year. It was noted that this was as good a time as
any to establish the five member commission since there are
currently only four members on the Commission with Council
conclusion that this matter has been discussed for about a
year and should, therefore, proceed to establish the five
member Cultural Arts Commission to be consistent with all
other commissions of the City.
Rohnert Park City Council Minutes (6) January 8, 1991
Sr.Citizea Advisory A motion was made by Councilman Hopkins, seconded by
C nudssion Councilmember Spiro, and unanimously approved, to nominate
John Chase, Florence Jennis, and Lenore Jurgiel for
reappointment to the Senior Citizens Advisory Commission for
two (2) year terms to expire December 31, 1992.
Council designated the existing Senior Citizens Advisory
Commissioners to be represented by individual Councilmembers
as follows:
Florence Jennis by Councilman Hopkins
Lenore Jurgiel by Councilman Reilly
Ann Kennedy by Mayor Eck
Herb Lyons by Councilmember Spiro
John Chase by Councilman Hollingsworth
A motion was made by Councilman Hopkins, seconded by
Councilmember Spiro, and unanimously approved, to approve the
individual appointments and assignments as listed.
Planning COMMission City Manager Netter explained that Public Notices for the
Opening on the Planning Commission were published for possible
nominees for Councilman Reilly's nomination to same of which
several Fact Sheets have been received and copies were
provided to Council.
Councilman Reilly expressed appreciation to the thirteen well
qualified applicants and said he chose Richard O'Connell as
his nomination to the Planning Commission because, in addition
to being a parent to young children, he is new to politics
like himself, as well as the advantage that his background
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, Ordinance
No. 531 was introduced.
Conmissicn/Camdttee
City Manager Netter explained that Council had been provided
Board Appointments
with a list of commissions, boards and committees that have
members with expiring terms and that tonight's agenda lists
the groups with expiring terms of members as well as the
Council's nomination order. He added that all existing
Commissioners have indicated interest iin being reappointed to
each Commission they are currently serving. He said Council
should then designate Cultural Arts and Senior Advisory
Commissioners to be represented by individual Councilmembers.
Cultural Arts
A motion was made by Councilman Hollingsworth, seconded by
Commission
Councilmember Spiro, and unanimously approved to nominate
Betty Ferra for reappointment to the Cultural Arts Commission
for a four (4) year term to expire December 31, 1994.
Mayor Eck said it would be advisable to wait on the
designation of Cultural Arts Commissioners to individual
Councilmembers until the Commission is restructured.
Sr.Citizea Advisory A motion was made by Councilman Hopkins, seconded by
C nudssion Councilmember Spiro, and unanimously approved, to nominate
John Chase, Florence Jennis, and Lenore Jurgiel for
reappointment to the Senior Citizens Advisory Commission for
two (2) year terms to expire December 31, 1992.
Council designated the existing Senior Citizens Advisory
Commissioners to be represented by individual Councilmembers
as follows:
Florence Jennis by Councilman Hopkins
Lenore Jurgiel by Councilman Reilly
Ann Kennedy by Mayor Eck
Herb Lyons by Councilmember Spiro
John Chase by Councilman Hollingsworth
A motion was made by Councilman Hopkins, seconded by
Councilmember Spiro, and unanimously approved, to approve the
individual appointments and assignments as listed.
Planning COMMission City Manager Netter explained that Public Notices for the
Opening on the Planning Commission were published for possible
nominees for Councilman Reilly's nomination to same of which
several Fact Sheets have been received and copies were
provided to Council.
Councilman Reilly expressed appreciation to the thirteen well
qualified applicants and said he chose Richard O'Connell as
his nomination to the Planning Commission because, in addition
to being a parent to young children, he is new to politics
like himself, as well as the advantage that his background
Rohnert Park City Council Minutes (7) January 8, 1991
included wastewater treatment and alternate energy sources
experience.
Richard O'Connell, 1274 Maiden Way, addressed the Council and
said it would be an honor to be appointed to the Planning
Commission and have an opportunity to participate in local
government. He gave a brief review of his background as
submitted in above- referenced Fact Sheet application and
said his special interest are the children and seniors
in the community.
A motion was made by Councilman Reilly, seconded by
Councilmember Spiro, and unanimously approved, to nominate
Richard O'Connell for appointment to the Planning Commission
for a two (2) year term to expire December 31, 1992.
A motion was made by Mayor Eck, seconded by Councilman
Hopkins, and unanimously approved, to nominate Vida Jones for
reappointment to the Planning Commission for a two (2) year
term to expire December 31, 1992.
A motion was made by Councilmember Spiro, seconded by
Councilman. Hollingsworth, and unanimously approved, to
nominate Gregory Young for reappointment to the Planning
Commission for a two (2) year term to expire Decembr 31, 1992.
Parks and Recreation Councilman Hopkins said he would like to pass on his
Commission nomination for the Parks and Recreation Commission at this
time since he has not had adequate time to give proper
consideration to the matter.
Councilmember Spiro said she realized some people were not
happy with the Commission's decision regarding M Park and that
some were unhappy with some of Commissioner Potter's actions,
but she felt he has done a good job and considers the fact
that he does teach tennis as an asset. She said it would seem
to be a disservice to let a small group of people hinder W.
Potter's reappointment to the Parks and Recreation Commission
and that perhaps they should be more forgiving.
A motion was made by Councilmember Spiro, seconded by
Councilman Hollingsworth, and unanimously approved, to
nominate Jay Potter for reappointment to the Parks and
Recreation Commission for a two (2) year term to expire
December 31, 1992.
Council Committee/ City Manager Netter explained that a list had been provided to
Liaison Assists Council as printed on tonight's agenda of all Council
Committee /Liaison assignments for Council to review and make
appropriate changes.
City Council reviewed the list and discussed various changes.
Rohnert Park City Council Minutes (8) January 8, 1991
A motion was made by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, to adopt the
changes establishing Council Committee /Liaison assignments
(liaisons in parentheses) as follows:
Def er -
Defer -
Defer -
Cultural Arts Commission (Hollingsworth)
Parks and Recreation Commission (Hopkins)
Planning Commission (Hollingsworth)
Senior Citizens Advisory Commission (Spiro)
Sister C:.ty(s) Relations Committee (Spiro)
101 Corridor Committee (Eck & Hollingsworth)
ABAG (Hopkins, alt. Spiro)
Baseball and Stadium (Hopkins)
Chamber of Commerce (Eck)
Community Outreach for Youth & Families (Spiro & Reilly)
Garbage, Waste Management & Recycling (Eck & Hopkins)
Golf Course (Hollingsworth & Hopkins)
Housing Task Force (Eck & Reilly)
(Recommendation expected in about a month)
Library Advisory Board ( )
(Wait until meeting date is known before reassigning
Councilman Hopkins to Library Advisory Board)
North Bay Advisory Committee of Bay Area (Spiro)
(Find out about meeting dates /times)
Performing Arts Center (Eck & Spiro)
Public Safety /Civic Center (Hopkins & Hollingsworth)
Regional Wastewater Advisory Committee (Eck, Alt. Hopkins)
Scout Headquarters Site (Remove from list)
Sonoma County Transportation Authority (Hopkins, Alt. Spiro)
Southwest Blvd. Shopping Center (Eck & Spiro)
Substance Abuse (Spiro & Reilly)
Swim Center (Eck & Hollingsworth)
Water Agency Policy Committee (Hopkins, Alt. Eck)
(Find out if Water Agency Committee is still necessary)
Wine Tour/Visitors Center (Spiro & Hopkins)
Councilman Reilly made a motion to add a committee for
Gang /Gang Activities. Motion died for lack of a second.
Discussion followed during which suggestion was made that the
full Council should continue to deal directly with staff and
the Public Safety Department regarding gang activities as has
been done in the past, the reason for the motion was to
address public concerns, and the possibility that a separate
committee for this matter could become a kind of sounding
boar and give it more unwanted notoriety. Council concluded
to have staff prepare a report to update new Councilmember
Reilly and the full Council summarizing methodoligies and
procedures in handling gang problems.
RECESS Mayor Eck declared a recess at approximately 8:30 p.m.
Mayor Eck reconvened the Council meeting at approximately
8:45 p.m. with all Councilmembers present.
Rohnert Park City Council Minutes (9) January 8, 1991
(Joint Session /Community Development Agency - 1`of 5 pages)
JOINT SESSION
COMMUNITY DEVELOPMMM AGENCY
OF
THE CITY OF ROHNERT PARK MINUTES
The Members of the Community Development Agency of the City of
Rohnert Park met this date, January 8, 1991, for a Joint
Session during the regular City Council meeting at
approximately 8:45 p.m. in the City Offices, 6750 Commerce
Boulevard, Rohnert Park, with Chairman. Eck presiding.
Call to Order
chairman "Eck called the joint session of the Community
Development Agency of the City of Rohnert Park and the City
Council to order at approximately 8:45 p.m.
Roll Call
Present: (5) Agency Mean ers Hollingsworth, Hopkins, Reilly,
Spiro and Chairman Eck
Absent: (0) None`
Staff present for all of part of the meeting: Executive
Director /City Manager Netter, City Attorney Flitner, Planning
Director Skanchy,' City Engineer Brust, Assistant to the City
Manager Leivo, and Finance Director Harrow.
Approval of`14imtes
Upon 'motion by Agency 'Member Hollingsworth, seconded by Agency
Member Hopkins, the minutes of November 13, 1990 were approved
as submitted by the following vote:
AYES:' (4) Agency Members Hollingsworth, Hopkins,
Spiro, and Chairman Eck
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (1) Agency Member Reilly
Approval of Bills --
Upon motion by Agency Member Hollingsworth, seconded by Agency
Member` Hopkins, and unanimously approved, the bills presented
per attached list in the amount of $10,885.73 were approved.
Acknowledging=
The Executive Director /Secretary's report on the posting of
Exe.Dir. /Sec.Report
the agenda was acknowledged.
Public C nu mts
Chairman Eck said anyone in the audience who wished to make
a comnent' redevelopment matters may do so at this time.
No one responded.
Certificates of
Executive Director Netter explained that the purpose of the
Participation
joint 'session was to hold a joint public hearing with the City
Council and Community Development Agency members concerning
the issuing of 'Certificates of Participation (COP'S) for the
new Public Safety Facility to be located on City Hall Drive
and the proposed use of Community Development Agency tax
increments to finance the cost of construction of that
facility and the approval of documents related to the
financing /leasing of this project.
Rohnert Park City Council Minutes
(10) January , 8, i m
(Joint Session /Cormunity Development Agency - 2 of 5 pages)
Executive Director Netter -said the City previously authorized
the hiring of the bond underwriting firm of Stone & Youngberg
to proceed with the necessary documents in order to issue
Certificates of Participation to provide the funding for
approximately $8.1 million necessary to complete the
construction of the new Public Safety Facility. The Law Firm
of Jones, Hall, Hill & White have been hired to provide legal
counsel and draft the necessary legal documents in completing
the Certificates of Participation issue. Mr. Netter said
representatives of both firms were available at tonight's
meeting to respond to questions from Council and that copies
were provided to Council of the referenced documents and
drafts which included the necessary resolutions for
consideration," Assignment Agreement, Reimbursement Agreement,
Trust Agreement, Lease Agreement, and INbody's Rating Draft.
W. Netter reviewed documents for the $8.1 million bond issue
and said that the documents provide for an interest rate cap
at 8% with a cap on the underwriter discount of 1.375 for an
uninsured issue and 1.175 for an insured issue. He said the
financing conditions are favorable at present, revi� the
documentation and described the Certificates of Parti.ti.pation.
He said Security Pacific National Bank would be the der -Inated
trustee to hold bonds in trust, described the lease
arrangement and said the fast track is recommended bec:.,se the
Gulf Crisis could freeze the bond market. Moody will
provide rating on January 11 and sale would take place before
January 15 not to exceed the $8.1 million.
Discussion followed during which it was confirmed that
approval of the above - referenced documents would not increase
taxes for individuals since the funds would come from
Redevelopment` Agency tax increments and is a matter of
distribution of existing tax revenues (redistribution without
increasing taxes). W. Netter explained the tax allocation
system of Proposition 13 and the mechanism of the
redevelopment process including the redevelopment plan,
recommended projects (which included the Public Safety
facility as a high priority) and ,,other relevant information.'
In addition, the effects of the Gulf Crisis were discussed as
it relates to the bond issue as well as pointing out that the
bond market is currently the lowest its been for the past ten
years Confirmation was given that the bonds would be sold at
a single transaction to Stone & Youngberg afterwhich that firm
would be fully; responsible to resell with no repercussions to
the City, Question was raised regarding the link between
bonds and recession to which response was given that these,
would be considered recession proof bonds. Confirmation was
given that it is not a matter of :whether to spend the money
but where to spend it and the need to abide by priorities of
Redevelopment Plan.
Rohnert Park City Council Minutes
(11) January 8,1991
(Joint Session /Community Development Agency - '3 of `5 pages)
Public Hearing
Ibyor Eck opened the public hearing at approximately 9:00 p.m.
and asked if there was anyone in the audience wishing to speak
regarding this matter. He advised that Council would respond
to questions at the close of the public hearing.
George Horwedel
George Horwedel, 7669 Camino Collegio, asked what population
will the new facility serve, when will it be finished, what is
the status of the new City Hall, when will the City Hall be
finished, and will the new City Hall be affected by the new
Public 'Safety Facility.'"
Dave Mxhel
Dave Mochel, 6050 `'Commerce Blvd., requested Council to
- postpone taking action of' these ' items and instead request
staff to provide a better explanation for such a large
building. He asked if plans were to use the facility for a
jail or what,` since the size would not be necessary for a
population of - 40,000. The City should examine < alternative
sites since this particular site is the only site suitable for
a transit station because of the 'central location. The new
Public Safety Station could be included in redevelopment plans
of the Southwest Blvd.' Shopping Center and Public Safety
personnel should be spread throughout the City rather than in
one building.
Jerry Kohler
Jerry Kohler, 4596 Harmony Place, said he made himself clear
at the previous Council meeting regarding concern about the
large size of the new Public Safety building. He referred to
the financing plans and said he understands that issuing bonds
is actually borrowing money and will cost about 8 %. He
questioned the funding source coming from tax increments and
said our tax dollars will pay for that over the next twenty -
five years and suspected this would tie up at least $20
million over the years. He said the vote has already been
made that CDA funds would go to this project and asked if
money would be available for another large; and unforeseen
public project. He said more time is needed so the public can
better understand all the factors involved.
There being no one further desiring to speak, Mayor Eck closed
the 'public hearing at approximately 9:07 p.m.
Discussion followed during which reference was made to minutes
and numerous documentations of discussions and actions
regarding this matter over the past four to five years as well
as being in the General Plan. Confirmation was given that it
is chard to understand tax' increment financing but that it
provides a way to build projects in Rohnert Park rather than
the same funds going elsewhere in the County, that the only
debate at the time of review of these matters was the priority
of the Public Safety building, and that without the Community
Development Agency these funds would not be available.
Rohnert Park City Council Minutes (12) January 8, 1991
(Joint Session /Comninity Development Agency - 4 o 5; pages)
Acknowledgment was made that the Council Committee reviewed
several sites and concluded that the City Hall Drive location
is the logical site for the new Public Safety Facility and
that it would be more costly to rehabilitate the existing
station on Southwest Blvd. It was also pointed out that the
existing neighborhood stations would continue to meet the
needs of the particular areas and that the central' location
for the main station is ideal
A motion was made by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, to proceed with
Council action regarding the issuing of Certificates of
Participation for the new Public Safety Facility.
Councilman Reilly said he has not had sufficient time to
review and understand all the complexities of this matter and
would therefore abstain from .tonight's Council /Agency actions.
CITY` COLNCIh AGTICN:
Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
91 -10 CALIFORNIA, CONSENTING TO FINANCIAL PARTICIPATION BY THE
CCWJNITY DEVELOPWNT AGENCY OF THE CITY OF ROHNERT PARK IN
CONSTRUCTION OF A NEW PUBLIC SAFETY FACILITY
City Manager Netter explained the resolution.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, the reading of Resolution No. 91 -10 was
waived and said resolution was adopted by the following vote:
AYES: (4) Councilmembers Hollingsworth, Hopkins,
Spiro and Nhyor Eck
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (1) Councilman Reilly
Resolution No. RESOLUTION OF THE ROHNERT PARK CITY COUNCIL APPROVING
91 -11 PRELIMINARY OFFICIAL STATEMENT FOR PUBLIC SAFETY FACILITY
FINANCING, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF
CERTAIN LEASE FINANCING DOCUMENTS, AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO
City_,NHnager Netter explained the resolution.
Upon motion by Councilman; Hollingsworth, seconded by
Councilman Hopkins, the reading of Resolution No. 91 -11 was
waived and said resolution was adopted by the following votes
AYES: (4) Councilmember Hollingsworth, Hopkins, Spiro
and Mayor Eck
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (1) Reilly
Rohnert Park City Council Minutes
(13) January 8, 1991
( Joint _Session /Community. Development Agency - 5 of 5 pages)
OCNMNrTY DEVELOPMENT
AGENCY ALMCN:
Resolution No.
RESOLUTION OF THE COM LAITY DEVEIAPMJT AGENCY OF THE CITY OF
90-01
ROHNERT PARK AUTHORIZING AND APPROVING FINANCIAL PARTICIPATION
BY THE AGENCY IN CONSTRUCTION OF 'A NEW PUBLIC SAFETY FACILITY,
APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN
LEASE FINANCING DOCUMENTS `AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
Executive Director Netter explained the resolution.
Upon motion by Agency Number Hollingsworth, seconded by Agency
Nbmber`Hopkins, reading of Resolution No. 91 -01 Gras weived and
said resolution was adopted by the following vote:
AYES: (4) Agency Numbers Hollingsvlorth, Hopkins,
Spiro and 'Chairman Eck
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (1) Agency Number Reilly
Refinancing Agency "s
Executive Director said copies had been provided to Agency
1988 Tax Allocation
Members of letter dated December 18, 1990 from Stone &
Bond Issue
Youngberg, Members of Pacific Stock Exchange regarding
Refinancing of the Agency's 1988 'Tax Allocation Bond Issue and
shared the ,contents therein'. He said staff recommends
Council's authorization to proceed with this refinancing and
prepare the necessary; documents in order to initiate this
process. Mr. Netter indicated that due to the favorable
interest rate market that approximately $50,000 could be saved
- annually,. after all costs are paid, if the 1988 Bonds were
refinanced. In addition, W. Netter indicated that it would
not cast the Community Development' Agency or the City anything
to _proceed and that the issuance 'costs woulod be paid from
bond proceeds. Representative from Stone & Youngberg and
Jones, Hall, Hill and White were present at the meeting to
answer questions regarding this matter.
A motion was made by Agency Number 'Hollingsworth, seconded by
Agency Number Hopkins, and unanimously approved, to authorize
preparation of documents regarding the refinancing of the
Agency's 1988; Tax Allocation Bond Issue.
Nhtters fran Agency
Agency Member Hollingsworth said the next City Newsletter
Mewbers
should include; informative <material regarding' financing
procedures of the Con mmi ty Development Agency. Agency
concurred.
Adjam mmt of
There being no further Community Development Agency business,
Joint Session
Chairman Eck adjourned the joint' session at approximately
9:20 p.m.
Rohnert Park City Council Minutes (14) = January 8, "1991
REOQNVENE
Mayor Eck reconvened the City Council meeting at approximately
9:20 p.m. with all Councilmembers present.
Garbage Rates
Mayor Eck said the Council Committee met with staff and
representatives from Empire Waste Management regarding garbage
rates' and because of increasing fuel costs and dumping fees,
Council will be faced with some sort of increase. He said a
resolution has not yet been prepared for Council consideration
since negotiations are still` in ` process and, therefore,
tonight's public hearing will be continued to the next
Council meeting.
City Manager Netter referenced copies provided to Council of
letter and financial information dated December 5, 1990 from
Empire Waste Management and shared the contents therein
indicating that according to' the "agreement with the City,
approximately $150,000 must be provided to guarantee 7% profit
before income taxes for the calendar year 1990. Staff met
with Empire Waste Management regarding this matter at Mich
time there was also extensive discussions on what may be
necessary to offset` increased costs of dumping fees, fuel
costs, and other costs of operation upcoming for the 1991
calendar year. There was extensive discussion on the 7%
formula and the possibility of changing the formula to be more
representative of a cost of living' so there would' be more of
an incentive for the company to reduce costs. The existing
contract was entered into about fifteen months ago. Staff is
not prepared to make a- recotmmndation at this time since the
_financial review is still in process, however, based on
tipping fees` going up 25% to 27% annually, as well as Empire
Waste; Management's 1991 projections from the 1990's increased
figures, the residential rate 'increase in March is estimated
at $1.00: to $1.25 (18 %)' with an estimated comrercial rate
increase in April of 201% to 25 %. Mt. Netter responded to
Council inquiry that even though the rate increase for dumping
fees represents onlly' approximately 20% of the garbage
company's operation', the 25% "increase is due to other factors
such as increases in 'fuel costs, -labor and depreciation of
equipment. He said Kevin,Walbridge General Manager of Empire
Waste Management was at tonight's' meeting to respond to any
further ,questions : from Council.
Public Hearing
Mayor Eck opened the public hearing at approximately 9:26 p.m.
and asked if there was anyone in the audience wishing to speak
regarding this matter.
Kevin Walbridge
Kevin Walbridge, 1531 Galaxy Court, General Manager of Empire
Waste' Management responded to 'Council questions and said the
tipping fees increase occurred after the previous Rohnert Park
rate increase was established in 1989 and, therefore, with the
25% increase that occurred in 1990 and 270-0 in 1991, the
current need is more `of an accumulative figure. The cost of
labor has decreased but is a small percentage of the costs.
There is a need to automate mobile home parks. Recycling does
Rohnert Park City Council Minutes (ice) Janiiaiy 8, i99i
create some revenue and the offset will be more prevalent as
time goes on since it helps reduce tipping fees and will
become more cost effective. About 12% is now being converted
and landfill rates are getting out of control. Mr. Walbridge
agreed that one of the first steps is to educate the public
which can be done through the AB939 process. The public needs
to be able to identify household hazardous waste which is
costly to dispose. There is a need for public /private
partnership. The TV commercial referenced by Council was a
national commercial done in San Jose and the local company had
given consideration to localize the contents but discovered it
would be quite expensive. He confirmed that the company is
currently talking to apartment property owners regarding
additional service to apartments being included in the
total package.
Linda Christopher Linda Christopher, 1010 Copeland Creek, said the City needs to
change its system of billing since there is currently no
incentive for the citizens to rethink trash habits. There is
an urgent need to reduce the volume of waste and Rohnert Park
should establish rates according to volume. This has been
effective in other communities such as Seattle, Washington;
Olympia, Washington; and St. Paul, Minnesota. Volume based
rates work well with curbside recycling, will not increase
illegal durping, and studies have shown that such rates are
very compatible. A 1987 study in New Jersey showed that
people become frustrated with flat rates because there is no
way to participate in control. Eapire Waste Management is the
contractor for the northern half of Seattle, Washington. It
would be good to see the same strategies applied in this
community. Copies were provided to Council of February 1990
Waste Age article entitled "The Magic of Volume Reduction" for
reference and example of above- mentioned procedures (copy
attached to original set of these minutes).
Steve Weis Steve Weis, 1382 Marigold Place, asked why a profit is
guaranteed, are there alternative solid waste companies, and
are the figures closely reviewed by audits. Mayor Eck
responded that no one is happy with the guaranteed profit
stipulation and efforts are being made in the current
negotiations to change this, there are other alternatives, and
the figures are closely reviewed. Mr. Eck said these are some
of the reasons it is necessary to continue this matter to
another meeting.
There being no one further desiring to speak, Mayor Eck
continued the public hearing at approximately 9:40 p.m. to the
next Council meeting.
Planning and Zoning: Planning Director Skanchy referenced plans on display and said
said copies had been provided to Council of staff report with
correspondence and recent petition relating to File No. 1399 -
Appeal of proposed Shell Service Station's 24 hour operation
to be located on the southwest corner of East Cotati Avenue
Rohnert Park City Council Minutes (16) January 8, 1991
and Maurice Avenue and shared the contents therein. He
responded to Council questions regarding the need for a use
permit in this type of CID commercial use and confirmed that
the mini -mart located directly to the west of the proposed
Shell Service Station location currently has such a use
permit and is a 24 hour operation.
Public Cmmients Mayor Eck asked if there was anyone in the audience desiring
to make public comments at this time regarding this matter.
Dan Lazarini Dan Lazarini, 7469 Mercedes Way, said he and his wife attended
the Planning Comnission meeting regarding this matter and that
he heard no good reasons from the community to change the
stipulations of this location to a 24 hour operation and did
not know the reasons for those who changed their minds prior
to tonight's Council meeting. The people that are most
affected do not want it. His bedroom overlooks the site and
the lights and activity will be an interference in their home.
He said there are already problems at the mini -mart and does
not want to see gang -type activities drawn to the
neighborhood. In talking with the neighbors, some have said
they would like to have a service station there but not a 24
hour operation. The petition submitted to the City Council
signifies that his conymmity does not want the 24 hour
operation.
Frank Catalano Frank Catalano, 7514 Ivbnet Place, referenced plans on display
and said there is already too much congestion at that
intersection, the existing curb space at the entrance is
insufficient, and a 24 hour use permit will only encourage
wre traffic and congestion.
Wink bi:7Eachern Wink McEachern, 7481 Nbrcedes Way, said he is not in favor of
the 24 hour gas station operation even though people will
probably have to accept it, but he is concerned about the fire
station and people hot rodding out from the gas station.
John Fowler John Fowler, 11466 Mercedes Way, said he is against the 24 hour
gas station because the resulting additional traffic will
produce an element that does not belong in this neighborhood.
Jonathan Gores Jonathan Gores, 1303 Milton Place, said his place backs up
directly behind the proposed Shell Station location. He made
an about face regarding disapproval of the service station
after the neighborhood meetings in which Mr. Rogers reviewed
the alternative proposals such as a Taco Bell or another
family restaurant. Neighbors would not want such a graffiti
inducing business placed there. The Shell Station has to have
the 24 hour operation in order to make it work and said that
the 24'hourr station might even assist in avoiding graffiti
because of the 24 hour manning. He said it was felt Mr.
Rogers addressed the need in terms of lighting which will be
Rohnert Park City Council Minutes (17) January 8, 1991
reduced by proper landscaping. The station will serve the
neighborhood by providing a needed gas station, especially for
those like himself %ho sometimes leave for work at 3:30 a.m.
and the traffic at night would not be any more adversely
affected than it already is. The choice was the lesser of
two evils not presented to those who signed the petition.
Jon Holmquist Jon Holmquist, 1300 Milton Place, said he is in favor of the
24 hour gas station and agrees with the previous comments.
The lighting will not be bright and should not have much
affect on the closer neighbors.
Linda BranscE.i.:) Linda Branscomb, 21 Anne Way, said she was concerned about
the additional noise and traffic of the 24 hour service
station operation.
Jimmie Rogers Jimmie Rogers, Rogers Realty, said the whole history of this
site had not been exposed. A previous plan had been submitted
for a fast foods operation and there was about six
neighborhood meetings prior to coming up with this plan for
the service station. The 65 ft. landscaping, which is more
than anywhere else in town, minimized the square footage as
well as keeping the structure to a single story. The 24 hour
operation was not necessarily wanted, but it is the
stipulation of the Shell Company and a better choice than the
alternative of a pizza parlor. In working with Planning
Director Skanchy and Director of Public Works /City Engineer
Bruse, the traffic flow is good at that location and has the
same street section as in front of Safeway.
Mayor Eck closed the public comments and requested Council
discussion.
Discussion followed during which Planning Director Skanchy
confirmed a restaurant could be allowed at this location with
a use permit, the possibility of reviewing the operation at
the end of the year and reduce the hours if not satisfactory,
and that Shell Station probably would not come in under these
conditions or if hours were reduced. City Attorney Flitner
said a permit could not be pulled without a particular
condition or due cause and no individual could be treated
differently than others. If there are violations of generally
accepted standards, use permits can be pulled at anytime.
Comments were made that this is not just an M Park issue and
the whole comnanity has not been heard regarding this matter,
especially from those who would benefit from the 24 hour
service station operation such as those vkio do not work the
standard 8:00 a.m. to 5:00 p.m. hours.
A motion was made by Councilman Reilly, seconded by Mayor Eck,
to limit the hours of operation at the proposed Shell Service
Station to close by 10:00 p.m. and not open until 6:00 a.m.,
and failed by the following vote:
Rohnert Park City Council Minutes (18) January 8, 1991
AYES:
NOES:
ABSENT:
ABSTAIN:
(2) Councilman. Reilly and Mayor Eck
(3) Councilmembers Hollingsworth, Hopkins and
Spiro
(0) None
(0) None
Mayor Eck confirmed that the defeated motion signifies that
the previous action of the Planning Commission stands and the
Shell Service Station's 24 hour operation is approved.
File No. 1453 Planning Director Skanchy referenced plans on display and said
copies were provided to Council of staff report regarding
File No. 1453 - Sisson and Sons, Inc. consideration of Site
Plan and Architectural Review for an Arby's Restaurant with a
drive- through window located on the west side of Redwood
Drive, east of and opposite the intersection of Commerce Blvd.
in the CS:P -D District and shared the contents therein. The
Planning Commission approved this item at its December 13th
meeting and it is being presented to Council tonight because
of the Council's policy to review all site and architectural
plans for any businesses that are visible from the U. S. 101
Highway of which the Arby Restaurant is located.
Discussion followed regarding the design of the buildings in
the area, how many fast food operations are now in the area,
and confirmation that Arby's is basically an adult food place.
A motion was made by Councilman Hopkins, seconded by
Councilmember Spiro, and unanimously approved, to approve the
Site Plan and Architectural design of File No. 1453.
Santa Rosa ional -City Manager Netter said that copies had been provided to
Water Reclamation Council of Santa Rosa Subregional Water Reclamation System
System Long Term Long Term Wastewater System Draft EIR, that staff has reviewed
Wastewater system this EIR along with its executive summary and is available at
- Draft EII2 tonight's meeting to make general comments regarding the
contents and respond to questions from Council. Any comments
on this EIR should be submitted to Santa Rosa by
February 11th.
Discussion followed regarding the cumbersome length of the
document which was the reason for the Executive Summary
provided, City Engineer Brust confirmed that the cost was
approximately $300,000, and Mayor Eck agreed to mention these
items when he attends the meeting in Santa Rosa regarding this
matter and will follow with a report to Council.
Cable TV Public City Manager Netter referenced copies provided to Council of
Access Programs letter dated December 28, 1990 from Attorney Walter Hansell
of Cooper, White & Cooper, Attorneys for MzltiVision Cable TV
regarding public access stations and programming on cable TV
and shared the contents therein. He said the letter details
the limited control of cities and potential problems and
nisuse of public access stations and the legal status of
Rohnert Park City Council Minutes (19) January 8, 1991
public access programming on cable television both in general
and in particular. W. Netter referenced pages 8 and 9 of
tonight's Council Meeting Memo for explanation in fuller
detail (copy attached to original set of these minutes) and
said it is staff's recommendation to establish criteria
and procedures for access to the public access station with
MiltiVision's assistance.
Discussion followed during which Council concluded it would be
better to lay groundwork now in order to be prepared rather
than wait until there is an actual problem regarding public
access programs on cable TV. Mayor Eck directed staff to
prepare a draft of recommended procedures regarding this
matter and said a Cable Committee would be formed later.
Ccmnmity Outreach City Manager Netter referenced copies provided to Council of
for Youth & Families staff report from Community Resource Specialist Vander Vennett
"Assistance Program" regard "Call for Applications" Comn,inity Outreach for Youth
and Families "An Assistance Program" and shared the contents
therein. This packet was developed to encourage submitting of
programs and projects to the City that will address the needs
of youth and families in Rohnert Park. It will be mailed to
all agencies /programs that responded to the information
referral questionnaire that was recently completed and
includes a letter that is to be signed by the Mayor of which
Council is requested to authorize at tonight's meeting.
Discussion followed during which Council concurred
authorization for the Mayor to sign the cover letter of this
program. Councilmember Spiro shared recent comrunications
with the Community Resource Specialist and said Council would
be pleased to know that the City's corrpilation of resources
is so conplete that the County Services has approached the
City for updated information. Council extended compliments to
Councilmember Spiro to give proper recognition of her personal
efforts involved toward the development of the Community
Outreach for Youth and Families Programs.
World Police & City Manager Netter referenced copies provided to Council of
Fire Games letter dated December 11, 1990 from Rohnert Park Peace
Officers Association regarding participation in the World
Police & Fire Games hosted by the City of Ibmphis, Tennessee
and shared the contents therein. He said members of the
Rohnert Park Peace Officers Association have participated in
this occasion on a regular basis over the past ten years and
endorsement from Council is recommended.
Discussion followed during which complimnts were extended to
the Peace Officers Association for its generosity and efforts
in helping to meet needs in the community with reference given
to wrapping gifts over the recent holidays for approximately
700 families. It was concluded that the City consider
assisting in the program in the future.
Rohnert Park City Council Minutes (20) January 8, 1991
A motion was made by Councilman Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to endorse the
participation of the Peace Officers Association in the World
Police & Fire Games hosted by the City of Nbmphis, Tennessee.
A motion was made by Councilman Reilly, seconded by Councilman
Hopkins, and unanimously approved, to draft a letter under the
Mayor's signature expressing appreciation for the efforts
and generosity of the Peace Officers Association to help
meet the needs of the commodity. Also, Council would
discuss this program in the upcoming budget process for
possible assistance.
Conmmicaticns Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
City bluiager's Report:City Manager Netter updated Council regarding Wilfred
MbCarville parcel Avenue/McCarville parcel and said Mr. MbCarville signed papers
in escrow today and should close by the end of the week.
AB939 Workshop City Manager Netter referenced copies provided to Council
regarding AB 939 Overview and Strategy and said a workshop has
been proposed by the consultants working on the City's Source
Reduction and Recycling Elements as required under Assembly
Bill 939. The proposed workshop would be a three hour session
from 7:00 p.m. to 10:00 p.m. and the choice of dates are
January 15 or 17 subject to Council's time schedules. Council
Cormnittee Mbmbers Eck and Spiro concurred to January 17th.
AB3158 --Environmental
City Manager Netter said copies ware provided to Council of
Document Filing Fees
memo dated December 28, 1990 from Assistant to the City
Manager Leivo regarding AB3158 - Environmental Document Filing
Fees which was self - explanatory. Discussion followed.
Golf Course Resident
City Manager Netter said copies had been provided to Council
Rates
of letter dated January 3, 1991 to Mountain Shadows Resort
outlining the new resident rates effective in January for the
Mountain Shadows north and south courses. The letter
indicates, and is according to the contract, that the resident
rates are allowed to be increased 75% of the CPI from the
October of 1989 to the October of 1990 index period. The CPI
increase for that period under the Wage Earners and Clerical
Workers was 5.4 %. The agreement again states that rates were
authorized at 75% of the CPI which equals 4.05 %. The letter
outlining the rates includes the resident rates with the
authorized increase with a few minor corrections as noted.
Resident Card Renewal City Manager Netter said copies were provided to Council of
Procedures letter dated December 28, 1990 from American Golf Corporation
referencing procedures for renewal of resident cards. Because
resident rates are being kept lower than non - resident rates,
the American Golf Corp. is concerned that more people will
Rohnert Park City Council Minutes (21) January 8, 1991
attempt to obtain resident cards who are not true residents of
the City. Procedures have been fornulated in an attempt to
control the non - residents from obtaining resident cards and
this information has been provided for Council's review.
County Ambulance Assistant to the City Manager Leivo referenced copies provided
Franchise to Council of his memo dated January 4, 1991 regarding
Exclusive Ambulance Franchise and shared the contents therein
summarzing the history, procedures and date of announcement by
the Sonoma County Department of Health Director of the
recommended franchise operator.
Smokeless City City Manager Netter referenced copies provided to Council of
Project Grant letter from California Department of Health Service regarding
funding approval in the anticipated armunt of $150,000 for the
commrnity tobacco control education project. Mr. Netter said
this grant was obtained through the hard work of Assistant to
the City Manager Leivo and acknowledged his expertie in grant
writing qualities which assisted in obtaining this $150,000.
North Bay ease City Manager Netter referenced copies provided to Council of
Award to Performing letter dated December 18, 1990 from Novato Priorities North
Arts Centex' Bay Showcase Committee with the announcement that the Dorothy
Rohnert Spreckels Performing Arts Center was selected for
recognition as being amng the North Bay's six best com vanity
improvement projects of the last decade. Council was also
provided with copies of the complete news release listing the
other winners of the program. Councilmenber Spiro suggested
that she and staff tour the Novato Youth Center which
was also a winner in this competition. Staff was directed to
set up a meeting.
Rancho Verde Petition -City Manager Netter updated the Council on Rancho Verde rent
increase petition and said that the Mayor was in attendance at
the last Rent Appeals Board meeting in which the announcement
was made in regard to a letter from Rancho Verde management on
a proposed rent increase of $219.00 per month. Mr. Netter
indicated that the referenced rent increase letter has not
been accepted /filed with the Rent Appeals Board. He indicated
that the Rancho Verde management has been notified and they
have indicated an apology letter would be mailed to the
homeowners. Mr. Netter outlined the procedures for a rent
increase petition.
Discussion followed during which Council acknowledged
complimentary calls received from the public regarding the
manner in which the City Manager handled this situation.
Mayor Eck extended words of appreciation on behalf of the
Council to the City Manager and the Rent Appeals Board for
handling an extremely delicate situation very nicely.
Rohnert Park City Council Minutes (22) January 8, 1991
SB2557- Counties City Manager Netter said copies were provided to Council of
Authority to Replace letter dated December 26, 1990 (with attached League of
Lost State Revenues California Cities News Bulletin dated December 12, 1990) from
Mayor Andrews of the City of Chico regarding SB 2557 regarding
city officials unified fight to repeal SB 2557 which gave
counties the authority to charge cities for booking of
prisoners and property tax administration fees to offset
revenues taken from counties by the State.
Mayor Eck said it is his understanding that as soon as a bill
number is received, a letter can and should be written to the
Legislature immediately regarding support of the plan
developed by the League of California Cities that may allow
for the repeal of SB 2557.
City Attorney's Report: City Attorney Flitner referenced his previous memo dated
Nbbile Home November 30, 1990 regarding legislative changes in mobile home
Residency Law residency law and said Council should contact him if there are
further questions regarding this matter. He said the memo
reviewed legislative changes affecting long term leases,
utilities and rent control registration /administration fees.
Hall Lawsuit City Attorney Flitner discussed the Hall Decision and how it
relates to vacancy control. Mr. Flitner briefly compared
Hall (a Federal Decision) with Yee (a State decision) and
discussed the possibility of Yee case having an effect on Hall
Decision. Discussion followed.
Wilfred Avenue City Attorney Flitner referred to the Wilfred Avenue Dist.
Assessment District Assessment District and said documentation was finally
completed on the Tolini parcel and the City has taken
possession. This parcel was held up due to a challenge of a
will by family members. City Attorney Flitner responded to
Council inquiry that there is still a trial date.
Matters from Council: Councilman Hollingsworth referenced the proposed "M" Park
plans and said since construction funds are not available to
initially build all eight proposed tennis courts, he would
like to suggest building four courts to start with and return
the matter to Council review before proceeding with the
additional four courts.
Discussion followed during which City Manager Netter confirmed
that staff is working on the funding and staging or phase in
program. Question was raised by Council asking if the stage
plan could be four, two and two courts to which response was
given that the particular stage plan could be decided after a
hearing upon completion of the first four courts. Council
agreed that the Community Center should not be removed from
the plan.
Rohnert Park City Council Minutes (23) January 8, 1991
A motion was made by Councilman Hollingsworth, seconded by
Mayor Eck, and unanimously approved, to construct the M Park
tennis courts by phasing, with the first phase being four (4)
courts, and then with all future phasing plans to be reviewed
by the City Council prior to development.
1991 Senate Redis- Councilmember Spiro said she attended the hearing on the 1991
tricting Hearing Senate Redistricting for Northwest California in Santa Rosa on
December 20, 1990. She said copies of Senator Milton Marks'
opening statements regarding this matter were distributed to
4.
those attending the meting (copy attached to original set of
these minutes). She reviewed meeting comments as follows:
Senator Mike Thompson - District to cities "sphere" not
city limits /sphere should extend to city boundaries;
District 3, Sonoma County Supervisor Tim Smith - Absent
due to illness;
District 3, Napa County Supervisor Mil Varrern-an - By
letter of Board of Supervisors, does not want change to
include N -S-M agri- business;
District 1, Sonoma County Supervisor Janet Nicholas - If
we split differently, keep integrety of nine planning
areas;
District 3, Marin County Supervisor Al Arambura - 4 to 1
Board of Supervisors "Keep Sonoma and Marin together ";
District 4, Sonoma County Supervisor Ernie Carpenter -
Leave Sonoma County Districts /create more representatives
bu do not change lives;
Humboldt County Supervisor Stan Dickson - "more senators
who are knowledgeable about rural areas ";
Santa Rosa Chamber of Commerce, Governmental Affairs Vice
Chairman Elect Curt Groninga - Doesn't care as long as
keep Santa Rosa in one district and keep Sonoma whole;
Sonoma County /League of Women Voters Caroline Ramberg -
Keep all informed and listen to all;
Sonoma County Peace and Freedom Party /Iry Sutley - Create
a fair reapportionment system.
Councilmember Spiro concluded her comments and said it will be
very interesting to see what develops in regard to
redistricting for Northwest California.
Rohnert Park City Council Minutes (24) January 8, 1991
Mayors & Council- Mayor Eck said the League of California Cities Mayors' and
mEnbers Institute Councilmembers' Institute will be in San Jose from January
23rd to 25th, 1991. Council acknowledged that each
Councilmember planned to attend.
School Brd.Jt.Mtg. Mayor Eck said the joint meeting with the School Board will be
on January 29, 1991 at Nbuntain Shadows Resort and that agenda
items, if any, should be given to City Manager Netter to be
listed on the agenda.
Legislative Form Mayor Eck said the Legislative Forum sponsored by Sonoma
County Area Agency on Aging (AAA) will be held at the Rohnert
Park Senior Center multipurpose room on February 1, 1991. All
Councilmembers are invited and encouraged to attend.
1991 Annulal Congres- Mayor Eck said the National League of Cities Institute 1991
sional City Conf. Annual Congressional City Conference in Washington, D. C. will
be from March 9 - 12, 1991.
Mayors & Council- Mayor Eck said the Mayors & Councilmembers Executive Forum is
members Executive from July 10 -12, 1991 in Nbnterey, California. Council agreed
Form that reservations should be booked since later cancellations
could be processed, if necessary.
Ehp1..Affair City Manager Netter said the Enployees' Appreciation Affair
will be at the Red Lion Inn on Friday, January 11, 1991 at
6:30 p.m.
Comm.Appr.Affair City Manager Netter said the Commissioner's Appreciation
Affair will be at Nbuntain Shadows Resort on Friday, January
18, 1991 at 6:30 p.m.
Volunteer Luncheon City Manager Netter said the Volunteer Luncheon will be at the
Community Center on Thursday, January 17, 1991 at 12:00 noon.
Flags at Half Mist A motion was made by Councilman Reilly, seconded by
Councilmember Spiro, and unanimously approved, to lower all
City flags to half mast to honor those who have given their
lives during the conflict in the Persian Gulf, to symbolize
the strong support of the City for U. S. troops currently
stationed in the Gulf, and to express the City's fervent hope
for a peaceful settlement to the Gulf crisis. The Mayor
requested staff to prepare a letter to all businesses and
agencies to join with the City in lowering flags to half mast.
Council concurred.
Letter to President A motion was made by Councilman Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to write a letter
to President George Bush expressing Council's hope that every
effort is made to use sanctions, diplomacy and patience in
attempts to resolve the dispute with Iraq.
Rohnert Park City Council Minutes (25) January 8, 1991
Redev.on Revitalizing Councilmember Spiro said she would like to attend an upcoming
Small Cannanities session in Visalia regarding Redevelopment/Revitalizing Small
Comnanities. Council endorsed her attendance.
Regional Governance Councilman Hopkins referenced discussion earlier in tonight's
meeting regarding regional governance and said he understood
everyone's concern about what others might try to do to us.
He said the people we're dealing with are very professional
and concerned about everyone maintaining their integrity.
It's going to be extremely difficult to get the hundred or so
needed to buy into the program, but if the hundred plus of us
can't do it ourselves, what will happen is Willie Brown and
the State Legislature will do it and it will be much worse
than what we do ourselves. If you don't like Willie Brown's
bill, then you mast tell us what you want or the State will
tell us how it is.
Ttees /Coerce Blvd. Mayor Eck said that he and Planning Director Skanchy went out
and marked the trees that need to be removed on Commerce Blvd.
as referenced by the previously approved map. He said Howard
Boggs has not yet reviewed the marked trees, that there is no
rush to remove them because of replanting plans and the cold
weather. In addition, Mayor Eck wants staff to save the trees
removed and transplant them somewhere in the City. Therefore,
staff should wait for confirmation before proceeding with the
removal of these trees.
Unscheduled Public Mayor Eck asked if anyone in the audience wished to make an
appearance at this time. No one responded.
7
Bay vision 2020 Review Draft Report U D -1
REGIONAL GOVERNANCE
1. Present regional governance is inadequate. The Bay
Area needs a democratic, accountable, responsive political struc-
ture to link and integrate our many single - purpose agencies.
What we have now is sometimes described as "vertical"
government - -an array of separate, special- purpose agencies in
such areas as air quality, water quality, transportation, etc.
But there -is no "horizontal" agency to reflect the many ways in
which the region is interdependent. (ABAG is a voluntary associa-
tion of local governments and is without authority to make bind-
ing decisions on regional issues.) And, despite the best efforts
of individual governing boards and staffs, there is no single
place where complex regional issues can be considered, decisions
made, and policies carried out. Our present system of regional
governance is not sufficient to achieve the Commission's goals
for the year 2020.
2. A state /regional /local Aolicy for growth management is
needed. The Commission's vision for the Bay Area in 2020 in-
cludes (a) effective state policies for managing growth and
change; (b) a regional agency, as described below, created by
state legislation in 1991 and (c) strong local governments acting
consistently within approved regional plans. (At a minimum,
state policies are needed to reduce the tax pressures that
"fiscalize" land use and to provide financing methods for the in-
frastructure needed to serve a growing population.) Despite the
importance of new state policies, a regional agency for the Bay
Area can begin to function without waiting for their enactment.
3. For the Bav Area, we need a more integrated governing
system. Our goal is to bring coherence to regional planning and
regional decision - making, to increase the effectiveness of
regional agencies and of local governments. We strongly believe
in maintaining the integrity of existing local governments and
their autonomy over local decision - making.
4. Rather than create a new la er of overnment anew
nine - county Regional Commission (RC) should be created by con-
solidating existing agencies. The RC would combine, at a mini-
mum, the functions of the Bay Area Air Quality Management Dis-
trict, the Metropolitan Transportation Commission, and the As-
sociation of Bay Area Governments. The consolidated regional
agency would have a new governing board replacing the governing
bodies of the three merged agencies. The merger would link, in
one agency with one new governing board, responsibility for
regional air quality, regional transportation, and regional
aspects of land use; it would also make possible effective plan-
ning and actions for other, related matters. Because the new
agency's work would affect adjoining counties, they would be in-
vited as appropriate to take part in its work.
Bay vision 2020 RevieM Draft Report D -2
5. Other regional agencies should be considered for later
consolidation into the new RC. These could include such agencies
as the San Francisco Bay Regional Water Quality Control Board,
the Bay Conservation and Development Commission, and other
single - purpose agencies acting on issues of regional concern.
This later consolidation could also include waste management.
(Italics) [Some Commission members believe that additional
agencies - should be added from the start. Others believe that con-
solidating three major agencies would be an important beginning,
and that the new RC should be required to study and report on the
advisability of adding more.]
6. The new Rc wouia plan for Lne reL4 -Lull. aa.0 wvuiu
lish and implement policies. But it would not operate or con-
struct such things as transit systems; operating agencies would
continue their present functions. During the initial planning
period described below, the new commission would:
o Administer the air quality laws now the responsibility
of the Bay Area Air Quality Management District;
o Administer the transportation programs now the respon-
sibility of the Metropolitan Transportation Commission;
o Administer regional "fair share housing" programs and
other legally - mandated responsibilities of the Association of Bay
Area Governments;
o Prepare a regional plan to achieve the Commission's
goals for the Bay Area in the year 2020. The goals statement in
the preceding section of this report sets forth the policies and
objectives to be used in preparing this plan. The planning
should be done with the following provisions:
a) The law establishing the new agency should require
the participation in planning of all state, regional, and local
agencies. The goal is a highly interactive process.
b) The plan would not be a detailed land use plan,
but rather would set standards for meeting regional needs, e.g.,
jobs- housing proximity, urban /open space boundaries, areas for
new infill development, affordable housing targets, water supply,
and criteria for siting facilities such as airports and solid
waste landfills, which are necessary but might be locally un-
desirable.
c) Once the regional plan has been approved, cities,
counties, Local Agency Formation Commissions, and other governmen-
tal units would be required to bring their plans into conformity
with the regional plan. When the new RC has approved the plans
of local and regional governmental units as being in conformity,
Bay vision 2020 Review Draft Report
D -3
they would have total authority to carry out their plans, subject
only to appeals to the RC if the approved plan is not being fully
followed.
d) In its planning, the RC should make the maximum
use of the general plans adopted by cities and counties. The new
agency should encourage "subregional" planning -- efforts by groups
of cities and counties to-plan in more detail for their parts of
the Bay Area. One such beginning is the establishment of conges-
tion management program agencies in each county. A subregional
approach may become the core idea for preparing the regional
plan.
o Recommend measures necessary to carry out the regional
plan, including at least:
a) What actions should be taken if a local government
does not carry out its own plans in conformity with regional
goals. This could include financial penalties (e.g., withholding
tax revenues resulting from any new development not in
conformity), RC actions legally compelling compliance, additional
incentives, or some combination of incentives and disincentives.
b) Whether there should be regional sharing of tax
income from new commercial, industrial, and high -cost residential
development, and if so, how this should be done;
C) Whether the governing board of the agency em-
powered to carry out the plan after the initial four -year period
should be directly elected or appointed; and
d) Whether other agencies should be merged into the
new agency and, if so, when and how.
o Have authority to permit or deny developments deter-
mined by majority vote of the Commission to be of regional impor-
tance because of their character, size, or location. The Commis-
sion would first determine whether a proposed development is of
regional importance. Those that are would be reviewed to insure
that, if approved, they would not render major aspects of the
regional plan useless before the plan could be completed. There
would be no moratorium on development. To insure that the
regional review process is workable, regulations would be adopted
to establish time limits both for the Commission's determination
of whether a development has regional significance and then for
the Commission's approving or denying permits for such projects
to proceed. (Italics) [Some Commission members do not agree
with this proposal, believing that it could result in delaying
worthwhile projects, particularly as initial standards are being
developed. Other Commissioners point out that a comparable
Bay vision 2020 Review Draft Report
D -4
policy of interim permit controls was successfully administered
by both the Bay Conservation and Development Commission and the
California Coastal Commission.]
7. Planning period. The RC should have a four -year
planning period. As a practical matter, its plan would have to
be completed by the end of the third year, leading to debate
within the region and consideration by the Governor and Legisla-
ture in the fourth year. (Italics) [Some Commission members
believe that legislation establishing the RC should enable it to
continue to function after the planning period and to implement
the plan unless specific legislative action is taken to prevent
this.]
8. Participants in planning. State agencies,
special - purpose districts, local governments, and the private sec-
tor should all be major participants in an open planning process.
The goal is a regional plan that all affected parties have helped
create, and that all will accept.
9. Governing board. For the initial four -year
period, the governing board should be appointed. But, as noted
above, the RC should report on the advisability of electing the
governing body of the agency designated to carry out the regional
plan after the four -year transition period.
10. Criteria for appointment.
o The governing board of the RC should reflect the
racial, ethnic, social, and income diversity of the Bay Area. It
should also reflect the region's inner cities, suburbs, and rural
areas.
o Each of the nine counties should have at least one
representative. Because larger areas should have representation
generally reflecting the size of their populations, the governing
board would be relatively large; a board of 35 -40 people would
not be unworkable.
o Half the members of the governing board should rep-
resent local governments and half should be chosen from the
public at large. (Italics) [Some Commission members note that,
because the governing boards of the BAAQMD, MTC, and ABAG consist
entirely of locally - elected officials, perhaps the same should be
true of the new RC governing board. Others believe that locally -
elected officials should in any event comprise more than half of
the governing board, and still other Commissioners favor having
fewer than half from local government.]
o People appointed to the governing board should be
able to devote adequate time to the agency's work. Board members
should be paid for their work.
Bap vision 2020 Reviev Draft Report D -5
11. Method of appointment. (Italics) During the
review period for this draft report, the Commission seeks suggest-
ions as to methods by which the RC governing board could best be
appointed so as to meet the criteria established in paragraph 10.
The Commission believes that the following alternatives should be
considered, but welcomes other proposals.
o Local government representatives. Whatever the
percentagd of local government representatives, two general alter-
natives exist for appointment:
a) Locally- elected officials (mayors, city coun-
cil members, and county supervisors) could themselves serve on
the governing board, as they now serve on the boards of the
BAAQMD, MTC, and ABAG. If this alternative is chosen, it may be
necessary for local officials to be able to appoint alternates
who could attend meetings in their absence. Some agencies have
found this necessary to insure that quorums are present at meet-
ings, or:
b) Locally - elected officials could appoint
people to serve, including former elected officials, as they now
appoint members of the planning commissions. Advocates of this
alternative believe that the workload for the new RC, plus the
time requirements of serving on a city council or board of super-
visors, would make it difficult for locally - elected officials to
be on the RC. But others point out that locally - elected offi-
cials now find time for service on regional bodies.
o Appointment alternatives The Commission has
reviewed two general ways appointments could be made.
a.) Multiple appointing authorities Local
government representatives on the governing board would be ap-
pointed by local governments in either of the ways specified
above. The general public representatives would be appointed (1)
by statewide officials - -the Governor, President Pro Tem of the
Senate, and Speaker of the Assembly, or (2) by the Bay Area legis-
lative delegation (the state senators and assembly members
elected in the nine Bay Area Counties), or (3) in some other man-
ner.
b.) Single appointing panel The panel would con-
sist of 10 residents of the nine - county Bay Area. Five would be
locally - elected officials chosen by the Association of Bay Area
Governments. One panel member would be appointed by the Gover-
nor, one by the President Pro Tem of the State Senate, and one by
the Speaker of the Assembly. The other two panel members would
be people of community stature and broad regional perspective,
such as the President of Stanford University and the Chancellor
of UC Berkeley.
Bay Vision 2020 Review Draft Report
D -6
The panel would appoint the public representatives to the
governing board, or alternately it would appoint all the members
of the RC, both local government and public representatives.
Those selected by the appointing panel would serve
four -year terms (the initial existence of the governing board
would be four years). The appointment panel would also choose a
chair and-vice chair for the governing board. After making its
appointments, the panel would meet again only if needed to fill
vacancies on the governing board.
(12) Funding. A state appropriation for the four -year
planning period should be sought unless a detailed budget review
demonstrates that there would be sufficient cost savings in the
merger of the BAAQMD, MTC, and ABAG to fund the work of the new
agency.
Per-can rates:
THE MAGIC OF
VOLUME
if citizens pay more for discarding higher volumes, will they turn to
illegal dumping? Or will recycling rates increase?
11 over the nation, a common -sense concept is
being rediscovered by solid waste management
planners. If people are willing and accustomed
to paying for electricity or water based on how
much they use, why not have them pay for
waste disposal service based on how much they discard?
Many communities are wrestling with the idea of shifting
to this volume -based waste disposal billing system.
Existing volume -based programs vary; some give users
an option of several volume levels, while others have
residents use specially marked plastic bags. Still others
distribute stickers which residents use to mark "paid" bags
However the program is designed, it forces the resident or
business to get involved in the waste management process
You decide how much of the community's disposal
resource to use, and you pay for A.-
Of course, for those in the business of hauling commer-
cial waste, volume -based rates are not big news. In much
of the country, waste haulers bill commercial accounts by
the size of container and the frequency with which it's
emptied. A generator with a six -yard container that is
emptied three times a week pays a good deal more than a
neighboring company with a two -yard unit that's emptied
only twice weekly.
While many questions are sparked by the.idea of
applying volume -based rates to residential service —
sometimes called a per -bag, per -can, or per- container
By DAN GOLDBERG
Goldberg is an Ohio -based writer.
98 WASTE AGE / FEBRUARY 1990
program — the focus for many elected officials and solid
waste professionals is: "Can it work in my community ?"
How will people accustomed to unlimited pickup adjust to
this new service idea?
Will they dump illegally?
One fear in going from unlimited service to volume -based
rates is that some people will dump trash by the roadside,
or elsewhere, if they generate more refuse than they are
willing or able to pay for. This reportedly hasn't been the
experience, so far, for communities o 5YCQ m_50 Q,000
------------------
- - --
residents. Why not? According to a Study by the_ New
Jersey Board of Public Utilities, illegal dumping increased
in the state in 1987, after, dramatic increases in flat rates.
The BPU claims that some citizens were angry because
they "lacked control" over disposal costs. On the other
hand, this line of reasoning asserts, volume -based pro-
grams generally operate with at least a voluntary recycling
program, allowing users to be proactive 111- colitrolling
costs by recycling.
` In Minnesota the legislature passed an amendment to
the state's solid waste act that says municipalities or
counties must require haulers to offer volume -based rates
to their customers. Minneapolis, for one, has gone to
volume -based rates already. In St. Paul, which is served by
nearly 60 private haulers, the city council has an ordinance
on the table that will require those haulers that serve
residential customers to institute volume -based rates.
Switching to volume -based rates doesn't seem to have
caused a dumping problem in the St. Paul area. According
to Frank Staffenson of the city's Environmental Health
division, there has been an increase in sumnlary ahate-
ments, under which the city cleans up a private property
and bills the owner. Attempts to discover the xnu'ce of the
material are usually unsuccessful.
However, "this isn't necessarily related to volume -based
rates," Staffenson says. The big problem swell's to be
illegal disposal of problem wastes, Staffenson says, not
residential trash. For example, city workers have louncl
abandoned houses and garages piled high with tires. "'The
number of sites where crews are just shoveling arha r
isn't as great as it used to be," he claims.
Dumping hasn't really been a problem in the ca-se of
Perkasie, Pa., according to Paul Leonard, the b0xou;�h
manager. Perkasie, a community of about 5,000 IOCMcd
between Philadelphia and Allentown, started volunx•-
based disposal charges in January, 1988. Refuse is
collected in specially marked bags. Neighborim-, conuuu-
nities have posted rewards for information I to
prosecutions of dumping, but curly one minor CasC has
come up in two years. "With the kind of recognition level
you have in a small community, it doesn't lend itself to that
kind of' thing," Leonard says. He says the city hasn't
received any reports of increased dumping from the
County's roads department or sheriff's department.
Peter Gtittcllel1, recycling coordinator in Olympia,
Wash., says the city hasn't seen an increase in illegal
disposal since shifting to a volume -based rate structure in
the early Eighties. "There's always going to be some of
that, but we haven't seen any dramatic rises in incidents,"
he says.
In 1985, Olympia assumed control over commercial
collections and set up a volume -based rate structure for
businesses. Reaction from the business community is said
to have been positive: "On the whole, they do seem to like
paying for what they dispose of," Gtittchen says. "They
like to know what it will cost."
Rick Person, solid waste manager for the city of St. Paul,
says the city hasn't gotten a lot of negative feedback from
its residents on the switch to volume -based fees. Families
FEBRUARY 1990 r WASTE AGE 99
Percan Contd.
that find they can't reduce their
waste volume eluickly can still opt
for the regular service, which only
Handbook Information
For information on obtaining the Variable Can
Rate Handbook, contact Lisa Skumatz at the –
Seattle Solid Waste Utility, 710 Second Ave., If you have legal recycling
Suite 505, Seattle, Washington 98104. i centers and other outlets for waste
Phone: 206 /684 -7654.
costs $3 more, as of 1989. "That gap - -
is going to widen," says Person. .'I think it has to."
A handbook on variable rates
"Seattle hasn't had any significant problems with illegal
dumping," says Lisa Skumatz, an economist with the city's
Solid Waste Utility. Seattle started using vohtme -based
rates in 198 L "It's a problem that's hard to measure,
because it can easily cross jurisdictional lines. One of the
key things you have to have in place if you're going to put
in volume -based rates is legal alternatives to dumping
waste."
— and you let people know about
them — you shouldn't have
dumping problems, says Skumatz. In addition, there should
be clearly established penalties for dumping when it
occurs.
Skumatz has studied a number of programs with both
volume -based and flat -rate systems in the Midwest, East
Coast, California, and Texas, trying to cotrte up with a set
Of guidelines for other communities that are looking to
switch to volume -based rates. The result of her research is
the 6�rriahle Can Rate Handbook, published with assis-
tance From the U.S. EPA.
Released last January, the handbook "describes the
Toronto: `Pay -As- You -Go' For Communities
Solid waste planners say
residents in their communities
,generally like the pay- as -you-
use concept of volume -based
waste disposal. Can the same
thin; be done for cities trying
to spur waste reduction on a
community level — with a
financial penalty for not
complying?
That's what has been
proposed for cities served by
the metropolitan government in
the Toronto area. Metro is
responsible for disposal for the
more than 2.5 million people in
the metropolitan area. Landfill
space, not surprisingly, is
running short.
After the Brock West
landfill site closes sometime
this year, the Metro region will
face a landfill capacity shortfall
of 14 million tons. The Metro
Works Commission has
extended the capacity of its
Keele Valley site by 5 million
tons, and opened a new site
farther away from the city, in
Whitevale, adding 4.5 million
tons of capacity. Some two
million tons of waste will be
diverted to an incineration
facility in Northern Ontario.
Metro officials still need
new landfill space for their
current needs, though, and the
100 WASTE AGE/ FEBRUARY 1990
area's population continues to
grow. Siting new facilities
should be an uphill battle. A
proposed site in the nearby
Rouge Valley has also been
proposed as a site for a national
park. Other sites being
considered are farther away, in
%larmoora, Orillia, and one in
southwestern Ontario. Using
these would figure to add
significant transportation costs;
that would be a change for
Metro, where the landfills have
been a steady source of
revenue in the past. A study by
the Works Commission
evaluated the prospects of
siting incineration facilities as
pretty dim, too.
So some sort of action to
spur waste reduction was
needed. According to Paul
Christie, chairman of Metro
Council's Work Committee,
the provincial Ministry of the
Environment has mandated a
25% reduction of the area's
total waste stream going to
landfill. The Metro government
took 1937 as the base year for
volume collected by the
communities involved and
proposed charging the commu-
nities a financial penalty based
Upon waste they delivered to
;Metro's landfills in excess of
ti=
the target rate reductions
(recommended as a 15% drop
in 1990 and 5% each in 1991
and 1992).
The Metro Council
endorsed the plan twice.
However, the mayors of the
communities involved sit on
the Metro board, and they
raised objections to the idea of
a penalty for user communities.
The city of North York was
a principal objector to the
Metro plan, claiming the
penalty would cost the commu-
nity more than $1 million next
year. However, "that didn't
account for any waste reduction
efforts they might have
attempted between now and
then," says Christie. "Part of
the problem was their assump-
tion that they didn't have to
reduce the waste stream."
While the proposed
financial penalties have been
put off for a year, the need to
reduce the waste stream, as
mandated by Ministry of Envi-
ronment, hasn't. "We still have
to change our disposal pattern,"
Christie says.
Communities served by the
Metro government are
recycling. While multifamily
dwellim,s are just starting into
the program, :.we've got a
subscription rate of about 30 °h
in single - family residences,
and we anticipate about the
same level in multifamily,"
Christie says. Currently, the
recycling rate may range as
high as 14% or 15 %. Metro
has also banned OCC, wood
waste, and scrap tires from the
landfill and has started a
composting program.
Beyond all these measures,
Christie thinks penalizing
communities for the overage
they send to Metro eventually
will be approved. He also has
proposed establishing volume -
based rates for residents. "The
way to achieve waste reduction
is through people's pocket-
books," he says, and he be-
lieves his fellow legislators
will go along with that. "I
would think the Works Com-
mittee would agree reduction
is going to come through direct
financial implications for
generators. That means
isolating the disposal cost,
taking it out of property tax,
and making it a user fee."
"It seems logical that if
we're going to penalize local
municipalities, it should be
extended to individual users of
their services," Christie adds.
— D.G.
Fair
150
Corr
relic
The
autc
all t
or c
Rug
envi
feat
Corr
The
digil
Fair
You
requ
Percan Contd.
pluses and pitfalls" of volume -based rates," says Skumatz.
Technical, economic, legal, and public relations considera-
tions are among the topics covered.
Many decision - makers fear negative reactions in
switching to a volume -based program, Skumatz says, but
her research shows that they actually don't Bret such
feedback: "The experience is more transferrable than
people think. People are willing to accept this fee -for-
service system for waste, because they already do this with
water and electricity."
As Skumatz has presented her findings at conferences,,
she has found many solid waste professionals interested in
starting volume -based rates. "The positive thing I've been
Volume/Weight
Scheduled
Lisa Skumatz, who turned her
observations of the Seattle
volume -based rate program into
a handbook on the subject, has
received an EPA grant to
field -test a system of collecting
solid waste by the pound in
Seattle.
The study, scheduled to take
six to nine months, will test the
theory that weight measure-
ments — by providing smaller,
more exact increments — will
provide a benefit to customers
directly for each item they
recycle or divert from the waste
stream.
"A smaller standard volume
measure than a can is hard to
come by," says Skumatz, an
economist with the city's Solid
Waste Utility, "and there's no
convenient way to measure
volume accurately."
Several collection trucks
will be retrofitted with scales
for the test program. Cans on
the collection route will be bar
coded, so the weight can be
charged to the specific
customer.
Weight -based rates would
also eliminate the need to use
different sizes of cans in a can
system, which could cut
collection costs by enabling
trucks to be fitted with an
102 WASTE AGE i FEBRUARY 1990
Studies
automated dumping system.
Back East, the New Jersey
Board of Public Utilities (BPU)
will undertake a pilot study of
a privately operated waste
disposal program with volume -
based rates in a New Jersey
community. According to
Wayne DeFeo, deputy director,
Division of Solid Waste, the
study should carefully
document some of the
characteristics of volume -based
disposal noted in other
communities, such as:
• the weight of bags in
comparison to their volume;
• whether residents reduce
the amount of solid waste they
produce;
• how the program affects
recycling rates; and
• whether an increase in
illegal dumping occurs.
BPU hopes to have a
number of haulers sign on by
early 1990, DeFeo says.
Several communities already
have expressed an interest in
participating, including
Newton, which offers a mix of
urban, suburban, and rural
areas; and Midland Park,
which is more suburb and
urban, with a considerably
older population base.
— D.G.
able to do is not so much to tell them how to do it, but to
tell them that it can be done," she says. Many of these
people, she notes, say it never occurred to them to institute
a charge based on usage for waste service.
Ironically, Skumatz notes, many of the same people are
frustrated because, when they've mandated recycling, the
program doesn't seem to work as well as designed —
"When they've given the customer no financial incentive
to recycle," she says.
Providing a boost to recycling
"Our primary objective in volume -based rates is to
increase participation_in the recycling program_ says St.
Paul's Staffenson.
The St. Paul program, which collects recyclables
curbside twice a month, has definitely seen an increase, he
says. Participation by single- family residences rose to 32%
in 1989, up from 15% in 1987.
Overall, 8,000 tons of recyclables were collected in
1989, up from 1,700 tons in 1987, "when many haulers
started offering the variable rates," Person says.
Recycling allows many households to reduce their dis-
posal needs to less than one standard -sized can. Olympia
offers these low- volume users a 10- gallon can at the reduc-
ed rate of $2 per month, if the household is recycling; the
10- gallon size is roughly one -third that of a standard
household refuse container. Seattle also offers a "minican"
rate.
In the Olympia program, the one -can rate, if the house-
hold recycles, is $7.15 per month; choosing not to recycle
tacks on $2 more ($9.05). "Since the program started in
June, 1988, we've seen a 25% decrease in two -can custom-
ers (who pay nearly $20 per month for disposal), and a
50% increase in 10- gallon customers," says Guttchen.
"We're still seeing the shift. People are putting out less
waste."
Two -can accounts comprise only 10% of Olympia's
residential collection routes. While the additional can costs
$8.45 per month now, the price gap for a second can will
increase next year, reflecting an anticipated 40% increase
in landfill costs. Guttchen says recycling figures do reflect
that shift of material from the waste stream to the recycling
stream. "There has been a slow increase in tonnage of
recyclables collected, from about 150 to I80 tons," Ile
says. "That represents 20% to 25% of our waste stream."
Olympia's recycling mix includes glass, aluminum, tin, old
news, and mixed paper grades.
Guttchen points out that volume -based rates can change
the way a service department operates. "With residents
migrating to lower -cost service levels, we have to make up
Percan Contd.
income elsewhere, or lower costs,"
says Guttchen, adding that the
change in disposal patterns also has
forced them to reroute solid waste
collections. "If you're diverting
25% of the waste stream, though,
you should be able to reduce collection costs."
If we started over .. .
lJ' !-
C
"It hasn't been trouble -free, by any means," warns
Perkasie's Leonard of the switch to volume -based rates. "It
does represent a major change in approach." Not prohibit-
ing burning of trash was a mistake, he says. "Surprisingly,
it's not illegal to burn trash in your backyard. Perkasie
never has a problem with burning under the traditional
program, because the city picked everything up," he says.
When problems with burning followed the institution of
the per -bag plan, the borough council passed an anti -
burning ordinance.
"We recognized volume -based fees were going to
encourage people to find many different ways to get rid of
their trash." That means positive behaviors like recycling
and waste reduction, but also negatives like burning or
even dumping.
"The bigger issue is people will find new and unique and
sometimes illegal or inappropriate ways to dispose of
trash," says Leonard. Taking trash to work is one example
of new behaviors in Perkasie.
While your boss may think it's OK for employees to use
the company's trash container, as Iona as he doesn't need
all the space, there is a big downside to this. "Employees
may count it as another benefit," says Leonard. On the
other hand, if the boss doesn't know about it, putting your
waste in the company container is a theft of service — and
that's against the law.
Leonard says Perkasie has prosecuted six or seven
people over the last two years on theft -of- service charges
in which trash was being dropped in dumpsters at apart-
ment complexes and restaurants. "We think that's a very
small fraction of our residents, but there's no doubt
volume -based fees can encourage that kind of behavior,"
Leonard says. He points out that theft of service depends a
great deal on the type of community, which is why it's not
a problem in Perkasie. He gives a hypothetical example of
a college town as a situation where illegal drops might be
more of a problem -- lots of able- bodied students living on
limited budgets willing to cart trash around in their cars.
Skumatz also mentions honest mistakes that result when
people start changing their disposal patterns. Many people
drop oft items at Goodwill and other charitable organiza-
1 04 WASTE AGE/ FEBRUARY 1990
_ .., – k. — "- ..,�-e. _ ___
tions, without checking first to see what materials
the organization accepts.
What about large families?
One fear about volume -based programs is that
large- volume users — such as a family with five
children — will be discriminated against. Can such a
family reduce its waste volumes?
"Large families don't necessarily have to produce more
waste," says Wayne DeFeo, deputy director of the New
Jersey BPU. DeFeo makes reference to a woman with five
children who spoke at a BPU - sponsored hearing; her
seven - person household, she said, was placing only two
bags out for disposal each week.
DeFeo and other solid waste officials contacted for this
story claim that while larger families may have a larger
volume of waste, theoretically they have equivalent
percentages of recyclables. So, this argument goes, while
a family of seven will have a greater total waste stream, it
will have the same opportunity to reduce it.
Best of all, the people like it
Most residents see the benefits both for their budget and
the city's, he says. Leonard estimates a 90% participation
rate in Perkasie resulted in a 61% waste stream reduction
in the first half of 1988, right after the new plan went into
operation.
Leonard also cautions communities that are distributing
bags for their volume -based collections to make sure they
get the right bag. "We're on our third supplier already.
"You really have to monitor it, and make certain the
quality is what you ordered."
Perkasie went with a heavier 3 -mil trash bag. "It's
pretty tough, you can't really go through them," Leonard
says, but the city will replace a bag if it's ripped. Leonard
says it's pretty hard to come to the bag's weight limits,
"once you take out the glass, aluminum, newspaper, and
plastic that Perkasie is now removing with its recycling
program."
Some residents complained that the 3 -mil bag is
difficult to close with a twist tie and requested "cinch
sack" -type self - closing bags. However, when you're
printing the city's logo on the bags, even in large vol-
umes, buying bags can add up quickly.
"There wasn't really anything we couldn't overcome,
though, particularly in light of the support the program
has generated," he says. "We did a survey of all our
residential and commercial customers about nine months
into the program, and asked them if they liked this type of
collection. Ninety -three percent said yes." 1
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City of Rohnert Park /Council Meeting Memo
and propose)o increases of its rates.
14. P1 ing
1) File No. 99
Station's 24 h
Avenue and Maur-i
citizens who liv
Commission's appro
previously mentio
with an original
residents of that
that area and
mini -mart, and ga
residents that o
the existing apps
opposed to the 24
Planning Commmissio
not agree to the
service stations
level that Shell S
its hours based o
this location is not close to the z
freeway, so the likelihood of a lot
The main traffic that would be using
surrounding area and traffic that wou:
Sonoma State College and other locati(
Petaluma Hill Road and from the Citie
recently driven to that location and,'
for a gas station and the 24 hour ope'
backs up to an existing mini- rnarkot
hour basis.'
and Zoning matters:
- An appeal has been received of the p
operation to be located on the southwest
Avenue. This appeal included signatures
in the surrounding area and are appe
v 1 of the 24 hour operation of a Shell S
n location. This commercial area has
pl being a mini - shopping center
c ity. The owners of the property
came up th an alternative plan which i cl
s stati This plan was acceptec�c t
pposed the original shopping center an.
al ing gro is not opposed to thelShell S
hour oiler tion. The property �wners
n, as well a to the City, that /the Shell
reduced hours of operation sin} e it is i
on a 24 hour sis. There i some indi
ervice Station y decide o, a the statio
n volumes of traffic in evenings
January 4, 1991
ropos Shell Service
co of East Cotati
o approximately 26
a ing the Planning
ice Station at the
had mach controversy
ich was opposed by
met with residents of
uded a car wash, small
he majority of those
It is understood that
tation, but they are
have indicated to the
Service Station will
is policy to install
cation on the staff's
n is there to reduce
As Council is aware,
3.y, does not have visibility from the
fic coming from U.S. 101 is minimal.
s gas station would be the immediate
e flowing on East Cotati Avenue to the
that would use East Cotati Avenue from
Cotati and Rohnert Park. Staff has
1 agree that this site is compatible
Id not seem to be a problem as it
s currently being operated on a 24
ration
that i
2) File No. 1453 - Sisson and Sons, Inc. is onsideration of Site Plan and
Architectural Review for an Amy's Restaurant wi a drive - through window. This
proposed project is located/1" the west side of Redwood Drive, east of and
opposite the intersection o =} "Commerce Blvd. The P1 ing Commission heard this
item at its meeting of Dec 13th and approved th Use Permit, Site Plan and
Architectural design. It /is being presented to Counci because of the Council's
policy to review all sije and architectural plans for y businesses that are
visible from the U.S.Abl Highway of which this Arby estaurant is located.
Council has been prodded with Planning staff report outlining certain
conditions of approvii that were included in the Planning C ssion's motion.
15. Santa
R a Subregional Water Reclamation Syst'
and Long
Term
Wastewater Syst
Draft EM - Council has been
provided wi
copies of
this
comprehenjRos
for its information. Staff has
reviewed thi
EIR along
with
its execu
and will be available at the
Council meeti
to make
some
general c s
regarding its contents. Comments
on this EM
be received
by Santa the lead agency, by February 11th,
1991, to be
inc uded in the
final dra the EIR.
16. Council has been provided with a letter from Walter Hansell, Attorneys
for M.tltiVision, in regard to public access programming on cable TV. This
letter was submitted at the request of the City Manager following the televising
of the December 11th City Council meeting by INUltiVision at the request of
George Barich of Video Productions. This request was initiated not so much for
City of Rohnert Park /Council Meeting Memo January 4, 1991
the viewing of the Council meeting, but was brought to the attention of
KiltiVision and City Councilmembers because of the editing that was done on the
City Council meeting with a continuous roll during the whole production
underneath the Council meeting with erroneous statements being made during that
production. Mr. Hansell's letter details the legal status of public access
programming on cable television both in general and in particular to the
circumstances of Rohnert Park. In summary, the Federal rules seem to be clear
that there is little restriction that the City can provide in the public access
arena and there are only two options the Council has in regard to public access.
The first option would be to eliminate public access from its franchise and not
allow it because this is allowed by Federal law that the franchisor, i.e. the
City, is allowed to either permit it or omit it in its franchise regulations.
Mr. Hansell said many cities in northern California and elsewhere have chosen to
omit or eliminate public access on cable to avoid 1) the use of public access
which cannot be edited by a cable operator to restrict such items as hateful or
offensive material such as the KKK or the Neo Nazi programs, and 2) the
potential liability of the City to third parties for operation of the public
access channel for civil rights and /or First Amendment violations if the City
attempts to prohibit or censor programs which may be offensive but not obscene.
Obscenity is one area that the Federal Law does allow cities to restrict.
The other option would be for the Council to amend its Franchise Ordinance and
Agreement to develop non - discriminatory public access rules and regulations in
consultation with the cable operator to control the timing, local sponsorship,
and other control aspects of the productions requested to be shown on the public
access station. Mr. Hansell also commented that public access wenagemeznt could
be turned over to an access management committee or corporation which could be
formed to draft and administer access rules and regulations. Miltivision is
willing to work with the City on developing procedures to amend the public
access requirements in order to address the concerns the City has in regard to
the showing of falsely stated information or information that may be for
political or other advertising programming which should not be used on a public
access station.
At the request of City Manager, Walter Hansell, legal counsel for M.iltiVision,
has provided a User's Certification form to include a statement confirming that
the user or producer of programs to be shown on public access stations, accepts
full legal responsibility for all materials submitted by them. This would
disclose the fact that if slanderous or liable type comments are made that the
producer of such information would be legally responsible and subject to suit
for any program materials Which may defame or otherwise injure any persons. A
copy of Mr. Hansell's letter along with the Certification of Responsibility and
legal summaries of similar type cases have been provided to Council for review.
Again, this information is being provided to Council to address early on a
problem that may continue by having a public access station without any
guidelines or procedures to follow.
Community Resource Specialist's "Assistance -am" for Community
Outreach o oude and Families program - The Comity Outreach for Youth and
Families Com nitt"�e has developed a (Call fo - p1ications) packet to encourage
submitting of programs - -and projects to,.the City that will address the needs of
youth and families in Rohnerta This packet will be mailed to all
agencies /programs that rested to.-the information referral questionnaire that
has been recently comp ted. Councii "ha-s -been provided with the complete
program whichiYides a letter that is to-`b,e,.,signed by the Mayor. The
applicattio ess is continuous and will be re-v-i�ewed on a monthly basis.
9