HomeMy WebLinkAbout1993/12/14 City Council MinutesRohnert Park City Council Minutes
December 14, 1993
The Council of the City of Rohnert Park net this date in regular
session commencing at 6:00 p.m. in the City Offices, 6750 Co mmrce
Boulevard, Rohnert Park, with Mayor Reilly presiding.
CALL TO ORDER -Mayor Reilly called the regular session to order at approximately
6:17 p.m. and led the pledge of allegiance.
Mayor Reilly advised that a closed session commenced this evening at
6:00 p.m. to discuss litigation matters as listed on the agenda
attachment. He said no action was taken and there was nothing to
report at this time.
ROLL CALL Present: (5) Councilmmbers Eck, Gallagher, Hollingsworth, Spiro and
Mayor Reilly
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter,
City Attorney Flitner, Assistant City Manager Leivo, Director of
Public Works /City Engineer Brust and Director of Recreation Pekkain.
Approval Upon motion by Councilman. Hollingsworth, seconded by Councilwoman
of Spiro, the minutes of November 23, 1993 and December 7, 1993 were
Minutes unanimously approved as submitted.
Approval City Manager Netter responded to various Council questions related to
of the bills presented for approval including further detailed explain -
Bills ation of questions presented at the previous City Council meting.
Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher,
City bills presented per the attached list in the amount of
$1,085,801.76 and CDA bills presented per the attached list in the
amount of $275,859.08 were unanimously approved.
Non - agendaed Mayor Reilly queried if any Councilmmber had any non - agendaed items
matters to add to the agenda. Councilwoman. Gallagher signified that she might
have a miscellaneous item; Councilwoman Spiro said she had two
miscellaneous items to add under matters from Council; and City
Manager Netter said he had two miscellaneous items to add under the
City Manager's Report.
Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act),
Public citizens wishing to make a com ent may do so at this time. Under
Appearances legislation of the Brown Act, in most cases, the Council cannot handle
an item without agendizing. To ensure accurate recording, "Speaker
Cards" are provided at the entrance of the Chamber and persons
speaking under unscheduled public appearances are requested to submit
completed cards to the recording clerk.
Rohnert Park City Council Minutes (2) December 14, 1993
Katherine Collins, 828 Lilac Way, exprcoocd appreciation to the City Council and
staff for all the hard work involved for the various positions to
handle community responsibilities. She presented a box of holiday
cookies, as a token of appreciation, to be shared during the Council
meeting break.
Rick Lear, 1386 Southwest Blvd., shared concerns related to increased crime, gangs
and traffic in the conTainity and requested a meeting for "C" Section
residents to voice these concerns with the City's new Director of
Public Safety Pat Rooney, with consideration of January 28, 1994 as a
tentative date for this neighborhood meting. Mr. Lear said it was
his understanding that Chief Rooney was interested in doing this and
support of same was confirmed by Councilwoman Gallagher. Mr. Lear
requested Council's support of holding such neighborhood meetings
throughout the City.
Discussion followed during which Council confirmed neighborhood meet-
ings held during the past year in certain sections of the City with
continuing process to hold such meetings in other sections throughout
the conmmity. City Manager Netter reviewed the necessity of allowing
adequate time for the new Director of Public Safety to learn about the
needs of the City before attending neighborhood meetings. Further
comments concluded that the typical town hall meetings involving the
attendance of Councilmembers and tonight's resident request for
meetings with the Director of Public Safety were separate types of
meetings. It was suggested that C Section could certainly be the next
City Council Town Hall meeting and Council agreed that it also
supports such above- requested staff meetings with the public following
review and approval by the City Manager.
C O N S E N T C A L E N D A R
Mayor Reilly queried if anyone had any questions regarding the matters
on the Consent Calendar which were explained in the City Manager's
Council Meeting Memo.
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolutions:
No.93 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING
THE CLAIM OF ROSIE PORTER (Re.Trip and fall at Payless Shopping Center)
No.93 -148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING
THE CLAIM OF USSAA INSURANCE COMPANY (ON BEHALF OF RICHARD WITHINGTDN)
(Re.Traffic Collision at Rohnert Park Expressway and Country Club Dr.)
No. 93-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DESIGNATING THE CITY OF ROHNERT PARK AS A "BICYCLE ADVOCACY CITY"
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Gallagher, the Consent Calendar as outlined on the meeting's agenda,
was unanimously approved.
Rohnert Park City Council Minutes (3) December 14, 1993
Scheduled public appearance:
Mike Grubler of Rohnert Park Sister City(s) Committee, reviewed plans for a Japanese
garden in the atrium at the Commmity Center. He referenced the plans
distributed to Council and responded to questions. Mr. Grubler said
the plans were prepared by John Franklin of Franklin Gardens, Rohnert
Park, and confirmed that the intention was for the Sister Cities to
finance development costs of the garden through various comn.inity
contributions, though there would probably be a need for the City to
maintain it thereafter. City Manager Netter advised that the Japanese
garden had been approved in concept by the City Council at its meeting
of June 8, 1993 and recommended that the plans be referred to the
Parks and Recreation Commission including review and input from staff
to ensure all parties involved are on the same track toward the
successful development of the garden.
Discussion concluded upon motion by Vice Mayor Eck, seconded by
Councilman Hollingsworth, and unanimously approved, indicating over-
all support of the Japanese garden plans in the atrium at the
Comninity Center and directing said plans to the Parks and Recreation
Commission for review and recommendations regarding specifics,
including input from staff, to make sure the plans are consistent with
the needs of the City's ComYunity Center.
"Polly Klaas Day" citizen request - City Manager Netter acknowledged the presence of
Yiu -Mei Wong at this Council meeting. Mr. Netter shared contents of
letter received December 8, 1993 from Ms. Wong regarding the citizen
request for Council's consideration to declare a "Polly Klaas Day"
and plant a tree in her name. He referred to comrents as reviewed in
the Council Meeting Memo pertaining to Polly Klaas' recent abduction
and slaying including efforts of various State legislators
representing the North Bay to strengthen the State's anti -crime laws.
Discussion opened with a motion by Councilman Hollingsworth, seconded
by Councilwoman. Spiro, to follow the citizen request to establish a
"Polly Klaas Day" and plant a tree in her name. Discussion included
Mayor Reilly's suggestion of declaring an annual week honoring all
children that have not been located and ending with a specified
"Polly Klaas Day ". Vice Mayor Eck reviewed intentions of a similar
recommendation to be proposed at the upcoming Mayors'& Councilmembers'
Association meeting and further suggested that consideration be given
to locating a site for a memorial grove of trees. Councilman
Hollingsworth expressed the desire that the matter regarding what can
be done to protect our children also be addressed at the referenced
Mayors' & Councilmembers' Association meeting. Mayor Reilly said this
was a miscellaneous item he had intended to suggest later pertaining
to urging cities and counties to establish a countywide broadcast with
a single comrunication channel for this purpose. Efforts should be
made toward finding out the cost of establishing such a broadcast.
Councilwoman Spiro asked if memorial trees could be planted in the
green belt between Santa Rosa and Rohnert Park at the north end of the
Rohnert Park City Council Minutes (4) December 14, 1993
golf course to which City Manager Netter responded that staff is
awaiting a reply from American Golf for the relinquishing of a portion
of the golf course north of #1 green for a park extension. Council
agreed the "Polly Klaas Day" should be established on the day in
October that she was reported missing but that the memorial tree could
be planted prior to the first annual recognition date in October 1994.
The above motion by Councilman Hollingsworth, seconded by Councilwoman.
Spiro, and unanimously approved, included amendments as reviewed to
pick the date for "Polly Klaas Day" to be the day she was reported
missing, plant a tree in her name as soon as an appropriate site is
established and select a memorial tree grove site for future memorials.
Vice Mayor Eck said the date Council has picked for this recognition
is probably close to the day the Mayors' & Councilmembers' Committee
is picking. Suggestions for the tree planting locations can be made
after the next Mayors' and Councilmembers' Association meeting.
Board of Supervisors /County of Alameda letter requesting consideration of a Zero
Tolerance Gun Violence Policy - City Manager Netter shared contents of
this letter dated November 30, 1993 as reviewed in the Council Meeting
Memo and responded to Council questions.
Discussion concluded in a motion by Councilwoman Spiro, seconded by
Councilwoman Gallagher, and unanimously approved, directing staff to
prepare a Zero Tolerance Gun Violence Policy as recomrended in the
above- reviewed letter from the Board of Supervisors /County of Alameda
and to prepare a resolution for Council's consideration regarding same.
Rohnert Park Swim Club letter requesting the designation of five (5) citizens as
City Volunteers to complete improvements at "H" Pool - City Manager
Netter shared contents of this letter dated November 25, 1993 as
reviewed in the Council Meeting Memo and responded to Council
questions. Discussion followed during which concerns were expressed
related to workers' compensation exposure and potential liabilities.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Gallagher, to reimburse the Swim Club for insurance costs up to $400
to assist in the completion of improvements at H Pool rather than deal
with exposure to workers'compensation claims, was unanimously approved.
Appointments to Commissions /Committees /Boards:
City Manager Netter referenced information provided to Council at the
previous Council meeting pertaining to Commission /Committee /Board
appointments and shared additional comtents as reviewed in tonight's
Council Meeting Memo. Fact Sheet Applications were provided to
Council from individuals seeking re- appointment or new appointments.
It was pointed out that publications announcing the openings for the
Mobile Home Parks Rent Appeals Board and the Parks and Recreation
Commission were inadvertently omitted from the December 8th edition of
the local newspaper and would be published in the December 15th
edition. Therefore, the only responses received to date have been
.applications for the Planning Commission. Discussion followed.
Rohnert Park
City Council Minutes
(5)
December 14, 1993
Appointments
to fill terms expired on December
31, 1993 were made
as follows:
a) Planning Commission (one year terms):
1. Upon motion by Councilwoman Gallagher, seconded by Vice Mayor Eck, and
unanimously approved, Linda Branscomb was appointed to the Planning
Commission for the designated one year term to expire December 31,1994.
2. Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, and approved with Councilwoman Gallagher dissenting, Armando
Flores was re- appointed to the Planning Commission for the designated
one year term to expire December 31, 1994.
b) Parks and Recreation Commission (one year terms):
1. Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, and
unanimously approved, James Plaisted was re- appointed to the Parks and
Recreation Commission for the designated one year term to expire
December 31, 1994.
2. Mayor Reilly said he would wait until after news release publications
of this opening to make his nomination.
3. Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, and unanimously approved, James Stevens was re- appointed to the
Parks and Recreation Commission for the designated one year term to
expire December 31, 1994.
c) Senior Citizens Advisory Commission (two year terms):
1. Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, and
unanimously approved, Ann Kennedy was re- appointed to the Senior
Citizens Advisory Commission for the designated two year term to
expire December 31, 1995.
2. Upon motion by Councilwoman Spiro, seconded by Councilman
Hollingsworth, and unanimously approved, Herb Lyons was re- appointed
to the Senior Citizens Advisory Commission for the designated two year
term to expire December 31, 1995.
d) Nbbile Home Parks Rent Appeals Board (two year terms):
1. Upon motion by Councilwoman Spiro, seconded by Councilman
Hollingsworth, and unanimously approved, Susan Aldeza was re- appointed
to the Nbbile Home Rent Appeals Board for the designated two year term
to expire December 31, 1995.
2. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro,
and unanimously approved, Katherine Collins was re- appointed to the
Nbbile Home Parks Rent Appeals Board for the designated two year term
to expire December 31, 1995.
3. Mayor Reilly said he would wait until after news release publications
of this opening to make his nomination. Current Board Member Mary
Sobel does not desire to be re- appointed but has agreed to remain on
the Board until a replacement can be seated.
4. Mayor Hollingsworth also confirmed he would wait until after news
release publications to make his nomination to the one year term left
by the resignation of Patty Coe from the Rent Appeals Board.
Rohnert Park City Council Minutes (6) December 14, 1993
City Attorney F1it.ner responded to Council inquiry regarding the
possibility of Rent Appeals Board re- appointments of former board
members after a determined length of time. Mr. Flitner said the
governing ordinance specifies two, two -year terms and does not signify
permitting re- appointments thereafter. Further Council comments
expressed concerns regarding this restriction of Ordinance 494 because
of the tremendous amount of effort and time involved for Rent Appeals
Board Members to comprehend all the related and complex legalities.
e) Sister City(s) Relations Committee (two year terms) - Expiring terms of:
1. Gordon Adam 2. Carol Grubler 3. Susan Harrow 4. Miho Kite
5. Dave Santori 6. Pamela Santori 7. Julie Yonenura
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, and unanimously approved, Gordon Adam, Carol Grubler, Susan
Harrow, Miho Kite, Dave Santori, Pamela Santori and Julie Yonemura
were re- appointed at large to the Sister City(s ) Relations Committee
for the designated two year terms to expire December 31, 1995.
Adrian Drive t- hdergrounding Utility District No. 6, Phase I - City Manager Netter
explained this item including comments reviewed in the Council Meeting
Memo. A resolution was provided to Council for consideration
following the public hearing duly noticed and scheduled at this time.
Public Hearing -Mayor Reilly opened the public hearing at approximately 6:59 p.m.
Jim Korger, 409 Santa Barbara Court, expressed approval of this project and made
comparisons to the success of other similar efforts of undergrounding
utilities. He extended appreciation for Council efforts and
encouraged keeping up the good work.
There being no one further desiring to speak, Mayor Reilly closed the
public hearing at approximately 7:01 p.m.
Resolution A RESOLUTION ESTABLISHING DATES FOR UNDERGROUND UTILITY DISTRICT
No. 93 -150 NO. 6, PHASE 1 AND SETTING DATES FOR CONNECTION OF AFFECTED PROPERTIES
AND REMDVAL OF OVERHEAD FACILITIES
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Gallagher, and unanimously approved, reading of Resolution No. 93 -150
was waived and said resolution was adopted.
Recreation matter:
Rohnert Park Stadium proposed uses including Western Baseball League proposal -
City Manager Netter referenced the staff report provided to Council
regarding the proposed joint use of the stadium for soccer and
baseball and shared comments as reviewed in the Council Meeting Memo.
He confirmed that a conference call took place last Thursday to review
various options. Director of Recreation Pekkain referenced copies
provided to Council of the Western Baseball League proposal and shared
contents of his referenced staff report and reviewed additional
reports distributed to Council regarding cost estimates for stadium
conversion to baseball signifying initial estimated costs without a
franchise team to be $11,000, plus additional costs to accommodate a
franchise baseball league in the estimated amount of $260,400, for a
total anticipated cost of $271,500. Mr. Pekkain confirmed staff
Rohnert Park City Council Minutes (7) December 14, 1993
recommendation for the conversion to franchise baseball league
accommodation. The independent league needs an approximate attendance
of 3,000 to meet the proposed budget with a break -even attendance
between 2,500 to 2,800. The timeline needed to know if the City is
interested in this proposal is by April 1, 1994 with necessary
improvements completed by May 1, 1995 for the anticipated league
starting date of May 20, 1995. The operating costs would be
approximately $50,000 compared to the current $30,000 budget.
Director of Recreation Pekkain reviewed the anticipated revenues of
the options as signified in the above- referenced reports and responded
to further Council questions.
Discussion concluded in a motion by Councilman Hollingsworth, seconded
by Councilwoman Spiro, and unanimously approved, to support the
concept of restoring baseball to maximize the use of the stadium with
the bulk of funding to come from sources other than the City, and to
honor the agreement with the North Bay Breakers Soccer League as long
as their commitments are met.
Drug Abuse Resistance Education (D.A.R.E.) Program - Councilwoman Gallagher
confirmed she had requested time on the Council agenda for
consideration of this program. She shared comments in support of the
program and requested the item be placed on the next agenda for
January 27th, 1994 joint meeting with the School Board. Ms. Gallagher
said Terry Campbell of Petaluma had confirmed willingness to attend
the Council's first meeting in January to review success of the
program in Petaluma. She said she would like to be included in the
formation of a subcommittee, if established, though it may not be
necessary and might fit into gang task force issues of which she is
already a member. City Manager Netter referenced staff memorandum
dated November 22, 1993 from Director of Public Safety Rooney, who
previously worked for the City of Ventura and has extensive experience
in the D.A.R.E. Program, as reviewed in the Council Meeting Memo.
Discussion concluded in Council concurrence of interest in
presentations of this program. Mayor Reilly said he was very
interested in doing the program but wanted to hear Director of Public
Safety Rooney's presentation before considering a Council liaison
assignment. City Manager Netter said efforts would be made to
coordinate presentations of the program by Chief Rooney and Terry
Campbell of Petaluma for the first or second City Council meeting in
January, as well as placement of the item on the January 27th agenda
for the meeting with the School District.
RECESS Mayor Reilly declared a recess at approximately 7:24 p.m.
RECONVENE Mayor Reilly reconvened the Council meting at approximately 7:29 p.m.
with all Councilmembers present.
Bessire & Casenhiser letter requesting water billing change for Las Casitas Nbbile
Home Park long term leases to flat rate billing - City Manager Netter
shared contents of this letter dated November 12, 1993 and shared
comments as reviewed in the Council Meeting Memo confirming that this
park is currently charged by volume based on inter readings. Four out
of five mobile home parks are currently charged water based on a flat
fee of $6.50 per space. Staff research calculations have determined
that this rate should be $10.00, therefore, before changing Las
Casitas to a flat rate billing system, City Manager recommends
Rohnert Park City Council Minutes (8) December 14, 1993
recalculation of the water rates and consideration of a proposal to
raise the water rates in mobile home parks to be charged a iw.L -e
commensurate rate with the services provided. In the interim of
additional research regarding this matter, staff recomriends a letter
be written to Bessire & Casenhiser advising of this study in process
and that their request would remain on hold until further notice.
Discussion followed during which Council expressed concerns related to
on -going and unresolved mobile home park litigations. Discussion
concluded in a motion by Vice Mayor Eck, seconded by Councilman
Hollingsworth, and unanimously approved, to table the matter until
litigation is resolved.
Back Yard Composting & Yardwaste Reduction Incentive Policy (Voucher program):
Assistant City Manager Leivo shared contents of his staff report
regarding this item explaining the resolution for consideration and
responded to Council questions.
Discussion included Council concurrence of the need to proceed with
this program to enable inclusion with the six -month review of the
total newly implemented garbage /recycling program.
Resolution A RESOLUTION APPROVING A BACKYARD COMPOSTING AND YARDMSTE REDUCTION
No. 93 -151 INCENTIVE POLICY FOR THE CITY OF ROHNERT PARK
Upon motion by Councilwoman Gallagher, seconded by Vice Mayor Eck, and
unanimously approved, reading of Resolution No. 93 -151 was waived and
said resolution was adopted.
Commmications- Comrunications per the attached outline were brought to the attention
of the City Council. No action was taken unless specifically noted in
these minutes.
City Manager's report:
1. Holiday Tree Lighting Program update - City Manager Netter updated Council on
this program as reviewed in the Council Meeting Memo explaining that
since there were no electrical outlets for standing trees in the court
yard of the Comrunity Center /Performing Arts Center, the Chamber of
Commerce was unable to decorate the trees in that location as
previously considered. The Ch.anber will be working with the City
toward possibilities for next year. The tree lighting ceremony had to
be canceled this year because of insurance coverage complexities for
the two local banks that permitted use of their facilities in past
years. The Chamber has proceeded with lighting the Expressway lights
similar to previous years and is in the process of developing a
proposal for the holiday season of 1994 including attempts to
designate a facility that can be used for the lighting ceremony for
1994 and future years.
Discussion included Council comwents that communications with citizens
have signified the desire to retain the holiday lights even farther
down the Expressway. Concerns were expressed related to the expense of
this effort including suggestions for commanity donations. Council
concurred with Councilman Hollingsworth's recomrendation to turn the
issue back over to the Chamber of Comrerce signifying interest for
holiday lights all the way down the Expressway and encouraged the
Chamber to pursue outreach efforts for funding by the community.
Rohnert Park City Council Minutes (9) December 14, 1993
2. Interest on security deposits letter response - City Manager Netter referred to
communications regarding interest on security deposit concerns of Ben
Friedman including his letter dated December 5, 1993. Mr. Netter
shared contents of letter dated November 30, 1993 from the owners of
the apartment where Mr. Friedman resides indicating that they are
unable to give Mr. Friedman interest on his security deposit as Mr.
Friedman has a law suit against the ownership of the apartment complex
on a personal injury case.
Discussion followed during which Council questioned the relationship
of the two issues.
Ben Friedman, 7323 College View Drive, shared comments as expressed in his letter
dated December 5, 1993 and said it is the prime responsibility of the
Council to ensure justice for the citizens of Rohnert Park by taking
action that will enable renters to receive interest on security
deposits. He emphasized his renewed request for Council's
intervention toward mandatory repayment to renters for interest on
security deposits. Mr. Friedman also reviewed details related to his
personal injury claim and agreed with previous Council comments that
these were two separate issues.
Discussion included City Attorney Flitner's response to various
Council questions confirming a conversation with the attorney of the
apartment owner. Mr. Flitner said legally one issue has nothing to do
with the other but we are all human and that is the way things happen.
Conrunications related to one issue often hamper effectiveness of
another. W. Flitner said there are courts that resolve these types
of issues and there is no great outcry from the community regarding
the matter. He did not think the City should be involved in the
business of private parties. If there are laws pertaining to such
factions, then courts have to respond to cases accordingly.
Discussion proceeded during which further concerns were expressed and
suggestions were made toward the possibility of beneficial efforts in
the absence of adopting rent control measures. It was pointed out
that the effectiveness of current procedures could not be known until
after a matter has actually been taken to Small Claims Court. City
Attorney Flitner confirmed that Small Claims Court will interpret and
enforce the law. Discussion concluded in a motion by Councilwoman
Spiro, seconded by Vice Mayor Eck, and unanimously approved, directing
a letter be written over the Mayor's signature to Mr. Friedman's
landlord asking him to reconsider the matter with copy to the Sonoma
County Realtors Association along with contact from staff regarding
the Realtor's Association commitment to self - policing with request for
them to also exert some pressure toward the resolving of this matter.
3. Fire Plan Checking Services - City Manager Netter shared contents of staff report
recommending the hiring of Shiller & Associates on a temporary basis
to assist the City in its Fire Plan Checking while the City's Public
Safety Officer who performs these services is in the hospital. When
the employee returns to work, the services with Shiller & Associates
will be discontinued.
A motion was made by Councilwoman Spiro, seconded by Vice Mayor Eck,
and unanimously approved, to concur with staff recommendation
to hire Shiller & Associates on a temporary basis as reviewed to
assist the City in its Fire Plan Checking.
Rohnert Park City Council Minutes (10) December 14, 1993
4. City Attorney vacation - City Manager Netter advised that City Attorney Flitner
will be on vacation from January 9th to 16th, 1994 cuid, therefore,
would not be present at the City Council meeting of January 11, 1993.
5. COYF /Sr.Center joint use of facility - City Manager Netter reviewed discussions
pertaining to joint use of the Codding Center facility by COYF and the
Senior Center. A meeting has been scheduled with the Council
Committee comprised of Mayor Reilly and Councilwoman Spiro regarding
joint use proposals and the item will be placed on the City Council
agenda for review early next year.
6. Video for Volunteer Meals program - City Manager Netter reviewed discussion with
Hazel Brubaker of the Senior Center regarding preparation of a video
later in January to promote the Volunteer Meals delivery program.
Discussion ensued pertaining to the legalities and restrictions of
Council pictures in certain publications and that it would probably be
alright for this type of video as long as it was not formalized into a
public event. If pictures happen to be taken of Councilmembers during
participation of such a program, there should be no problem. Mayor
Reilly said if he could help with this program in any way, he would be
more than happy to do it. Discussion concluded in Council concurrence
that it would be better to take pictures of the workers who generally
participate in the efforts of this program, and recommended that the
video be kept informal.
City Attorney's report:
1. Brown Act Provisions - i.e., Standing Council Committees - City Attorney Flitner
referenced his memorandum dated December 10, 1993 regarding Brown Act
Provisions related to meetings of Subcommittees of less than a quorum.
He shared contents therein and responded to Council questions with
explanation that such meetings that are subject to Brown Act
requirements depend on the function of the committee and how it was
created as reviewed in the referenced memorandum.
Discussion followed during which Council comments included pointing
out that it basically adopted the public open meeting policy and had
no problem with noticing even the various Council Committee meetings.
In response to Council inquiry about inviting a representative from
the League of California Cities with expertise on the Brown Act and
open meeting law, City Attorney Flitner said the League is sponsoring
an all -day work session on the Brown Act in March. He said
arrangements could be made with the Attorney General for review of
Brown Act provisions. Another consideration offered during Council
comments was to recomwnd that the League attorney be invited to the
next Mayors' & Councilmembers' Association program to review the
matter. Concerns were expressed regarding the need for Council
Committees to review some options like potential cost savings, related
negotiations, personnel- related matters, etc. prior to making
recommendations to the full Council. Vice Mayor Eck recommended
eliminating Council Committees and set up full Council study /work
sessions for particular issues as needed. Further discussion
proceeded regarding the standing Council Committees with consideration
of setting up Council liaisons for keeping oversight but do away with
policy committees in general. Council reviewed the current list of
committees and liaisons with desires expressed to make efforts
toward downsizing.
Rohnert Park City Council Minutes (11) December 14, 1993
2. Centex Real Estate Corp. vs. City of Vallejo amicus support - City Attorney
Flitner shared contents of letter dated November 16, 1993 from City
Attorney Michael R. Woods, Sonoma, Ca. regarding appreciation for this
amicus support.
3. Thorn vs. City of Glendale letter request for amicus support - City Attorney
Flitner shared contents of this letter dated November 24, 1993
pertaining to two cases with identical facts involving a former
Glendale fire fighter who was an arson investigator for the City, was
ultimately convicted of being an arsonist and also pled guilty to
same. Mr. Flitner reviewed significant interests to public entities
related to these cases involving expanded liabilities and recommended
joining in the amicus brief.
4. Hensler vs. City of Glendale letter request for amicus support - City Attorney
Flitner shared contents of this letter dated November 23, 1993 from
the City or Glendale pertaining to the subdivision process of a
particular development related to the City's Ridgeline Preservation
Ordinance enacted in 1981. Mr. Flitner explained the potential impact
that this case has on all public agencies and recommended support in
this amicus effort.
A motion was made by Vice Mayor Eck, seconded by Councilwoman Spiro,
and unanimously approved, to support both amicus briefs as requested
for Thorn vs. City of Glendale and Hensler vs. City of Glendale, as
reviewed and recommended by the City Attorney.
5. Paul Stutrud subpoena - City Attorney advised that he received a phone call this
afternoon in regard to Paul Stutrud challenging the Wine Center
through ABC's subpoena of specified Councilmembers and staff. The
case hearing is set for review on January 7, 1994 at 1:30 p.m. at the
State Building in Santa Rosa. Discussion included City Attorney
responses to various Council questions related to this matter.
Matters from/for Council:
1. Agenda discussion of 1st meeting of New Year - Mayor Reilly acknowledged his
request for the placement of this item on the agenda. He addressed
the matter of possibilities related to the tradition of having an
invocation at the opening of the first City Council meeting of the New
Year. He said he has asked for input from other groups and
participation suggestions have included sharing hopes for the new
year. Discussion concluded in the Mayor's assurance that he would
accept the given responsibility of setting the agenda for the
Council's opening new year meeting.
2. Local Government Commission - Local Government Restructuring Task Force meeting,
Thursday, December 9, 1993- Authorization for Councilmember attendance-
Councilwoman Gallagher said it was her understanding that all
Councilmembers could attend this meeting because of full Council
membership. Discussion included budget related concerns and costs for
more than one representative Councilmember to attend meetings
particularly when scheduled in southern California. Discussion
concluded in a motion by Vice Mayor Eck, seconded by Councilman
Hollingsworth, and unanimously approved, authorizing payment /mileage
expenses for Councilwoman Gallagher's attendance at the referenced
December 9th, 1993 meeting, and that future meetings would be approved
on a case by case basis.
Rohnert Park City Council Minutes (12) December 14, 1993
3. Capitol Seminars "Legislative Process" meetings, Sacramento, December 14 & 15,
1993 - Authorization for Councilmember attendance - Councilwoman
Gallagher withdrew her request to attend this meeting because of
recent comninications received from the Mayor that he would not vote
in favor of the authorization. City Manager Netter confirmed that the
application had already been processed because of signified deadline
requirements for the most economical costs, therefore, a refund would
be requested.
4. Cancellation of December 28th meeting due to holidays - Upon motion by
Councilwoman Gallagher, seconded by Councilwoman Spiro, cancellation
of the December 28th City Council meeting was unanimously approved.
5. League of California Cities, North Bay Division Quarterly Dinner Meeting, City
of Novato, Cattlemen's, 6090 Redwood Blvd., 6:00 pm, Thurs., Jan. 6,
1994 - A motion was made by Vice Mayor Eck, seconded by Councilwoman
Spiro, and unanimously approved, authorizing attendance to this
meeting of any Councilmember desiring to attend.
6. City Hall Closed - Friday, Dec. 24, 1993 and Friday, Dec. 31, 1993 - City Manager
confirmed City Hall would be closed on these dates in observance of
the holidays.
7. Crane Melon Festival - Councilwoman Gallagher asked about the progress toward
previous request for the Crane Melon profit and loss statement. City
Manager Netter responded that a letter request had been sent. Vice
Mayor Eck said the Crane Melon Board of Directors recently indicated
to him that the statement would be sent soon.
8. Laguna Treatment Plant tour - Councilwoman Gallagher expressed appreciation to
Director of Public Works /City Engineer Brust for setting up the recent
tour of the Laguna Treatment Plant.
9. Press Democrat lack of coverage for new Mayor function - Councilwoman Spiro
expressed concern that there was no coverage of the recent event
announcing the new Mayor for Rohnert Park when all the other cities in
the area received good coverage. Council discussion included
commending the local Com=ity Voice report and coverage of the event
with comments that it was probably best to let the press do whatever
it decides and not attempt to communicate concerns by letter.
*CORRECTION from 1/11/94 City Council meeting: Councilwoman Spiro said she had not requested
to attend the NLC Training Institute reviewed in item #10 below.
10. National League of California Cities Training Institute - Councilwoman Spiro
said she had* previously requested approval to attend this Training
Institute. She reviewed calculations of the total cost of such
attendance as compared to inviting a trainer to come to the area,
whereby there could be local citizen participation. Councilwoman.
Gallagher responded that a particular non - profit group to which she
belongs has invited a trainer to come and make a presentation on
January 23rd, 1994. Anyone is invited and the program is free.
Rohnert Park City Council Minutes (13) December 14, 1993
Unscheduled
Public Mayor Reilly asked if anyone in the audience wished to make an
Appearances appearance at this time.
Katherine Collins, 828 Lilac Way, said she called Empire Waste Management for a
garbage audit which was most beneficial and she thought businesses
should be made aware of the program. Assistant City Manager Leivo
confirmed that notices were scheduled to go with billings. Vice Mayor
Eck said he would also have the item placed on the next A. M. Rohnert
Park meeting agenda.
Adjournment Mayor Reilly adjourned the meeting at approximately 9:05 p.m. with
acknowledgment that the next City Council meeting would be on
January 11, 1994 because of cancellation of the December 28th, 1993
meeting for observance of the holidays.
Dep�4 Ci Clerk
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