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1994/09/27 City Council MinutesRohnert Park City Council Minutes September 27, 1994 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Pro Ten-pore Eck presiding. CALL TO ORDER -Nhyor Pro Tempore Eck called the regular session to order at approxi- mately 6:25 p.m. and led the pledge of allegiance. Mayor Pro Tempore Eck advised that a closed session comrenced this evening at 6:00 p.m. to discuss litigation matters (1) Keith Hallock vs. City of Rohnert Park and (2) Sim vs. City of Rohnert Park and two real estate negotiations as listed on the agenda attachment. The one real estate item will be reviewed later on the agenda. No action was taken and there was nothing further to report at this time. ROLL CALL Present: (4) Councilmembers Gallagher, Hollingsworth, Spiro and Mayor Pro Tempore Eck Absent: (1) Mayor Reilly (out of town on business) Temporary Youth Committee present: Representative Jennifer Mello 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, Recreation Director Pekkain and Fire Comiander Jack Shields. Approval Councilwoman Gallagher referred to the September 13 minutes, page 7, of top paragraph. "Western Tires" should be changed to "Winston Tires". Minutes The sentence signifying her approval of the project should be removed because she was not in favor of the project. City Manager Netter confirmed minutes for the September 6, 1994 General Plan Update meeting would be deferred to the next Council meeting. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, the minutes of September 13, 1994 were unanimously approved as amended. Approval Upon motion by Councilwoman Spiro, seconded by Councilman of Hollingsworth, including previously signified automatic no vote of Bills Councilwoman Gallagher for payments to Sonoma County Wineries Association, City bills presented per the attached list in the amount of $1,301,308.48 were unanimously approved. Non - agendaed Mayor Pro Tempore Eck asked if Councilmembers or staff had any items matters to add to the agenda. Councilwoman Spiro signified three miscella- neous items to add; Councilwoman Gallagher signified one item to add, if not covered during agenda items; City Manager signified one item to add under City Manager's report; and City Attorney Flitner signified one item to add regarding the Fair Political Practices Comnission (FPPC). Rohnert Park City Council Minutes (2) September 27, 1994 Unscheduled Mayor Pro Tempore Eck stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a comment may do so at this time. Appearances Persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Margaret McIsaac, 838 Lunar Court, asked what progress has been made on the mutual /automatic aid agreement with Rancho Adobe. City Manager Netter stated that the Department of Public Safety has been working with Rancho Adobe on the mutual aid agreement. Herb Ca_sti_I In: 7AgA Ar,plc Q1^SSC'�m Tom° C!.1 �..4 ----I �.,.,. ---3 ___ �- °_-_. - wr -J . . -- -%�- -� , ��a.vt✓vi, :.a&icucZ,t C%onit, LLI Z V.L d Wl. LLt, L statement comments opposing Proposition 187 (copy attached to original set of these minutes). Craig Nelson, 630 Racquet Club Circle, supported Proposition 186. He explained there is a problem with health care funding which would be solved by the California Health Security Act. He urged the Council to adopt a resolution in support of this measure. Ed Werden, 4987 Fern Place, shared concerns related to the Winston Tire proposal and his appeal of the Planning Commission's approval of the project. He had requested the item be continued to the next Council meeting to enable attendance of other Triple S Tire representatives and allow time to obtain more opposition petition signatures. He expressed disappointment in the Council's action to uphold the Planning Commission approval of the Winston Tire project. Approximately 400 additional petition signatures opposing the project had been obtained. Mr. Werden requested the Council to reverse its decision. Councilwoman- Gallagher made a motion recommending the Winston Tire project be placed on the next agenda to allow more time for additional public input. Mayor Pro - Tempore Eck seconded the motion for the purpose of discussion. He acknowledged his previous vote favoring the project and said Council received the opposition's information. He was not going to change his mind about the project. It was a fitting project for the site and a lot better use than other possibilities. Mayor Pro - Tempore Eck withdrew his second to the motion and the motion died for lack of a second. C O N S E N T C A L E N D A R Mayor Pro Tempore Eck asked if any Councilmember had any questions regarding the matters on the Consent Calendar. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 94 -147 A RESOLUTION DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, UNDERGROUND TANK REMDVAL, PROJECT NO. 1989 -5 No. 94 -148 A RESOLUTION DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, "All, "D", "E" AND "S" PARKS COURT RESURFACING, PROJECT NO. 1994 -2 No. 94 -149 A RESOLUTION DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, BODWAY PARKWAY EXTENSION ASSESSNENT DISTRICT, PROJECT NO. 1993 -5 Rohnert Park City Council Minutes (3) September 27, 1994 No. 94 -150 A RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING A PAY RATE FOR ANIML SHELTER VOLUNTEER COORDINATOR (PART -TIME) Upon motion by Councilman. Hollingsworth, seconded by Councilwoman Spiro, with Mayor Reilly absent, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Scheduled Public Appearances: 1. Old Adobe Developmental Services (GADS) representative Patricia Vreeland of Rohnert Park Services Division introduced Arthur Kerbel, Executive Director of OARS. Mr. Kerbel reviewed the importance of past and present relationships between OADS and the City. He presented recognition plaques to Department of Recreation employees Donna Abeln, Mary Hanlon and Jan Geffre. 2. Willo Wagstaff, 2344 Donahue Ave., Santa Rosa, explained events planned to celebrate the 50th Anniversary of the United Nations. She requested Rohnert Park's participation including approving a resolution proclaiming October 23 -30, 1994 as United Nations Week and flying the United Nations Flag during the designated week. A motion was made by Councilwoman Spiro, seconded by Councilman Hollingsworth, and unanimously approved, to fly the United Nations flag during the week of October 23 -30, 1994 and to consider a resolution on the next Council agenda proclaiming United Nations Week. 3. Allen Halcomb, representing the American Automobile Association, reviewed the history of AAA program. He presented the AAA Pedestrian Protection Program's Safety Award to the Mayor Pro Tempore in recognition of the City's zero pedestrian fatalities for a two year period. Mr. Halcomb pointed out that this is remarkable in today's world and in a comity of this size. He credited the safety record to the effective efforts of the Department of Public Safety. Mayor Pro Tempore Eck, consenting to a request from Councilwoman Spiro, advised that the United Way item would follow the next item. California Healthy Cities Project - Cecelia Belle, Executive Director of Sonoma County Associates for Youth Development (SCAYD) updated the Council on the California Healthy Cities Project including the proposed budget and a SCAYD sub - contract with the City. Ms. Belle responded to Council questions. Councilwoman Spiro made a motion, seconded by Councilman Hollingsworth, unanimously approving the 1994 -95 SCAYD /City proposal in concept, including proposed budget in the amount of $5,000. United Way Agencies - Councilwoman Spiro stated that she requested that this item be on the agenda. She questioned why the com unity does not receive back as much funds as was donated to United Way. Other comnanities receive more than contributed. What could be done to change that? She asked if a representative of United Way could explain how the organization operates and when local agencies will receive funding signified by donors last year. Rohnert Park City Council Minutes (4) September 27, 1994 Richard Flores, Chief Administrative Officer of the United Way, responded. The funds will be released on Friday of this week. He explained new United Way procedures and reviewed complexities of dispersing funds. The United Way is able to accommodate and allow every individual to designate recipients of their donation. He explained the difference between certified agencies and certified funded agencies. Mr. Flores consented to meet with Councilwoman Spiro. Nbbile Home Rent Control matters: 1 Angsihla Zqmndrroq t to vri &,aii�c iJv. 592 re. iurat�riutit ULL tiie iti�G itiGiL tvf Rental Increases on (5) Nbbile Home Parks - City Attorney Flitner reviewed the contents of his report dated September 21, 1994 regarding this item and responded to Council questions. Violet bbir, 411 Sonoma Lane, argued against allowing any notices of rent increases during the moratorium. Councilman Hollingsworth made a motion to declare an emergency and add the amended language to Ordinance No. 492 as reviewed.- City Attorney Flitner explained that the Council did not need to amend the ordinance now but should be prepared to do so, if necessary. An emergency action could be taken at anytime, if necessary. Councilman Hollingsworth withdrew his motion. 2. Nbbile Home Park Purchase Program - City Manager Netter updated the Council on the progress of the Wbile Home Park Purchase Program. Councilman Hollingsworth- Councilman Hollingsworth left during the above staff report at leaves approximately 7:27 p.m. and returned at approximately 7:29 p.m. 304 Laguna Drive Industrial Building - City Manager Netter updated the Council on the previous offer of Hugh Codding to make this building available for a future public safety /fire facility. Mr. Codding retracted his offer to guarantee a lease -back arrangement but still offers the building valued at $380,000 in exchange for fees due on the Laguna Apartment Project. The revised offer includes transfer of the existing lease agreement to the City. Councilman Hollingsworth made a motion, seconded by Councilwoman Gallagher, and unanimously approved, to rescind any previous directives related to this offer and accept cancellation of the Laguna Drive industrial building /fee exchange offer from Hugh Codding and direct staff to proceed with routine collection of fees schedule for the Laguna Apartment project. Matters from/for Council: City Manager Netter explained an oversight in preparing the agenda. Councilwoman Spiro had requested listing all November 1994 ballot propositions. Rohnert Park City Council Minutes (5) September 27, 1994 Matters from/for Council: (cont'd) 1. Proposition 187 re. "Save Our State" Initiative - Councilwoman Gallagher reviewed municipal resolutions opposing Proposition 187. She recommended preparation of a similar resolution for consideration on the next Council agenda. The Council discussed other ballot propositions, the advisability of singling out one of the issues that impact the City, and supporting or opposing any of the propositions. A motion was made by Councilwoman. Gallagher, seconded by Mayor Pro Tempore Eck, to prepare a resolution for the next agenda opposing Proposition 187. Said motion failed with Mayor Reilly absent and Councilmembers Spiro and Hollingsworth dissenting. 2. Proposition 186 re. Single Payer Health Care - Councilwoman Spiro expressed *CORRECTION from preference to remove this item to remain in line with Council comments 10/11/94 Council on the previous item. jThe --e-ot tc-r1--br-ie-f -ly -di— the-pr-opc3ai-ti-en7- meeting: Per Councilwoman Spiro, the proposition was not discussed. Delete said comment. 3. United Way Agencies (Spiro) - This item was addressed earlier on the agenda. 4. League of Calif.Cities Annual Conference, Long Beach, Ca., October 23 - 25', 1994 Mayor Pro Tempore Eck advised he would try to attend at least part of this conference. Mayor Reilly had previously signified his intent to attend. Councilwoman Spiro confirmed her plans to attend the conference. 5. General Plan Update Work Session, Tuesday, October 4, 1994 - City Manager Netter confirmed the scheduling of this work session. 6. Employee recognition - Councilwoman Spiro referred to her previous request recommending recognition of Vickie Wilkerson's efforts for the success of the Tea Dances. Councilwoman Spiro pointed out that the County pays 90% of this person's paycheck. A motion was made by Councilwoman Spiro, seconded by Councilwoman Gallagher, to prepare a letter over the Mayor's signature, or a proclamation, recognizing Vickie Wilkerson's efforts for the success of the Tea Dances. Mayor Pro Tempore Eck cautioned against singling out any employees for special recognition. Councilman Hollingsworth agreed and added that it would be a dangerous precedent to set. Councilwoman Gallagher withdrew her second to the motion. The motion died for lack of a second. 7. PAL building - Councilwoman Spiro noticed the "for sale" sign is down at the PAL building and asked staff to find out if the property was sold or whether it remains for sale. 8. Additional Senior matters - Councilwoman Spiro advised that the seniors are going to meet at mobile home parks. She complimented the fundraising efforts of the seniors. The Tea Dances netted $1,135 for the four dances. If anyone has not attended one of the dances then they were missing a lot of fun. 9. Youth Council - Councilmember Spiro noted that the City Youth Panel met as far back as November 17, 1973. The Youth Committee continues the City's tradition of focusing on the needs of young people. Rohnert Park City Council Minutes (6) September 27, 1994 10. Winston Tire project - For the record, Councilwoman Gallagher requested her reasons for voting against the Winston Tire project at the previous Council meeting be placed in these minutes. Ms. Gallagher read her list of reasons for believing the Council has made a horrible mistake by approving the project as follows: (1) by denying information to the Planning Commissioners who asked; (2) by denying information Councilmembers asked for; (3) ignoring 400 signatures by the citizens against this project; (4) denying a request for both sides to speak; and (5) making a decision with incorrect statistics on the traffic impact. Councilwoman Gallagher said she did not think this is the last we'll hear of this. She submitted fitted her ::L'i + +c.., + tLI � ._ written �:.v�i�i� cat t.� vv 4t LC reC:orC.i1L 1g clerk and said she wanted it to go on the record because she wanted it clear. 11. Crane Melon Festival - Councilwoman Gallagher referred to the Crane Melon Festi- val of the past weekend and questioned the lease of City land for the event. She requested a financial statement from the Crane Melon Festival and wanted it recorded in the public record because the City allowed them to use the land for $1.00. She said she asked two reliable sources about the proceeds and received two different answers. One told her the event broke even and the other said the event made $100,000. She wanted to make sure which report was correct. Mayor Pro Tempore Eck responded that the Council receives financial statements each year from Crane Melon. He asked if she was going to make the same request of Founders Days Assn. Mayor Pro Tempore Eck pointed out that Founders Days makes a lot of money for non - profits. Funds from the Crane Melon event were supposed to support the Chamber of Commerce sot the City would not have to contribute to the Chamber. She thought requesting the financial statement was in line especially since they changed their way of record keeping this year. Mayor Pro Tempore Eck responded they changed their method of bookkeeping to allow individuals to know who is going to receive the money. 12. Sewer Purchase - Mayor Pro Tempore Eck stated that eleven storage sites are now being investigated. There seems to be a growing consensus regarding how wastewater might be handled. 13. Open Space matter - Mayor Pro Tempore Eck confirmed that the Tolee lake project will be before the Open Space District shortly. Temporary Youth Committee report - Jennifer Mello and Mollie Wandrey, representa- tives of the Temporary Youth Committee, reviewed numerous ideas obtained at the Yuba City Youth Council Conference and expressed appreciation for the opportunity to attend. RECESS Mayor Pro Tempore Eck declared a recess at approximately 8:00 p.m. RECONVENE Mayor Pro Tempore Eck reconvened the Council meeting at approxi- mately 8:10 p.m. with three Councilmembers present. Councilman Hollingsworth left during the recess due to illness. First Time Home Buyer Program Proposal - Assistant City Manager Leivo explained that the resolution for consideration coincided with Com amity Development Agency meeting items to be reviewed later on tonight's agenda. This item was deferred to the next City Council meeting to enable review by the full Council. Rohnert Park City Council Minutes (7) September 27, 1994 RECESS Mayor Pro Tempore Eck declared a recess at approximately 8:17 p.m. in order to proceed with the Community Development Agency meeting. RECONVENE Mayor Pro Tempore Eck reconvened the Council meeting at approxi- mately 8:22 p.m. with three Councilmembers present. Resolution RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE DEFEASANCE OF No. 94 -151 MJLTIFAMLLY MJRTGAGE REVENUE BONDS (FIRST NATIONWIDE SAVINGS PROGRAM) 1985 ISSUE A, THE EXECUTION OF AN AMENDMENT TO THE INDENTURE PURSUANT TO WHICH SUCH BONDS WERE ISSUED, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AND TRUST AGREEM M, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO City Manager Netter explained the resolution. Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved with absence of Councilman Hollingsworth and Mayor Reilly, reading of Resolution No. 94 -151 was waived and said resolution was adopted. Parks and Recreation matters: 1. Honeybee Park Softball Field Lighting - Recreation Director Pekkain noted that residents opposed this item at the recent public hearing held by the Parks and Recreation Commission. The Parks and Recreation Commission recommends denying the lighting of Honeybee Park softball field and using the $60,000 budgeted for other parks and recreation improvements. A motion was made by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, with absence of Councilman Hollingsworth and Mayor Reilly, to follow the Parks and Recreation Commission recommendation that lights not be installed at the Honeybee Park softball field enabling the funds to be used for other parks and recreation improvements. 2. Golis Park Baseball Field Lighting - Recreation Director Pekkain summarized the public hearing held by the Parks and Recreation Commission on this matter. The Parks and Recreation Commission recommends approval of lighting Golis Park Baseball Field with the lights to be turned off by 10:00 P.M. Public Mayor Pro Tempore Eck acknowledged speaker cards submitted and Comments invited public comments. Greg A. Nordin, 1502 Golf Course Drive, presented a petition with 42 signatures of residents living in the immediate area of Golis Park Field opposing lighting of Golis Park baseball field. He reviewed reasons listed on the petition including excessive late night noise, vehicle traffic, foot traffic and garbage. Jack Casey, 1515 Gretchen Court, expressed opposition to the Golis Park lighting plan and questioned whether or not all alternatives had been adequately explored. He pointed out that the public hearing of the Parks and Recreation Commission conflicted with Back to School Night at Gold Ridge School. Many residents were not aware of the public hearing. Rohnert Park City Council Minutes (8) September 27, 1994 Rick Katafman, 1520 Holly Avenue, stated that he was unaware until this evening that field lighting was likely. He requested two weeks to discuss the negative effects on the neighborhood with his neighbors. A decision should not be made by the Council without more notice given to those impacted. A motion was made by Councilwoman Gallagher, seconded by Councilwoman Spiro, and unanimously approved, with absence of Councilman Hollingsworth and Mayor Reilly, asking the Parks and Recreation Commission to provide further opportunity for citizen input regarding the Golis Park baseball field lighting proposal. 3. Ponzo's Softball Team request for funds - Recreation Director Pekkain reviewed the request by Ponzo's Softball team for $1,000 to offset travel expenses to participate in the National Softball Tournament in Alabama, September 21 -24, 1994. The Parks and Recreation Commission recommended City Council authorization of $250 to help defray some of the team's travel costs. A motion was made by Councilwoman Spiro, seconded by Mayor Pro Tempore Eck, and unanimously approved with absence of Councilman Hollingsworth and Mayor Reilly, to contribute $250 to Ponzo's Softball team as recom ended by the Parks and Recreation Commission. 4. Soccer Field mowing - Councilwoman Gallagher asked why the soccer field lawns are permitted to grow so much before mowing. Recreation Director Pekkain explained that to retain moisture, grass is not mowed too frequently or too short. City Manager Netter said staff would review the lawn mowing schedules. Public Safety matters: 1. Residential Fire Sprinklers - The Council viewed a video regarding residential fire sprinklers. The Council agreed to defer this item to the next meeting agenda to enable full Council review. 2. Enforcement of violations to alcoholic beverage sales to minors - City Manager Netter reviewed the staff report and recommended establishing the procedure as described in conjunction with the Department of Alcoholic Beverage Control. City Manager Netter and Fire Commander Shields responded to Council questions. The Council discussed entrapment situations, sales to minors, and pending law suits in other areas. Council agreed to defer this item to the next meeting agenda to enable full Council review. Exxon Station landscaping plan - City Manager Netter reviewed the on display. He referred to a memo from Planning Director Skanchy dated September 26, 1994 pertaining to Planning Commission approval of the Exxon Station landscaping plans. Director of Public Works /City Engineer Brust responded to Council questions pertaining to proposed Expressway improvements. A motion was made by Councilwoman Gallagher, seconded by Councilwoman. Spiro, and unanimously approved with absence of Councilman Hollingsworth and Mayor Reilly, to approve the Exxon Service Station landscaping plans as recoimended by staff. Rohnert Park City Council Minutes (9) September 27, 1994 ABAG's Proposed Constitutional Revisions - Councilwoman Spiro referred to the ABAG memo dated August 9, 1994 pertaining to this item. She pointed out that the comments were due to ABAG by September 30th, 1994 and that the meeting she was scheduled to review the comments was after that date. Mayor Pro Tempore Eck acknowledged that there were no Council comments at this time regarding ABAG's proposed constitutional revisions. Transportation matters: 1. Sonoma County Transportation Authority (SCTA) Citizens Advisory Committee (CAC) Countywide Transportation Plan Proposal - Mayor Pro Tempore Eck referred to his written comments distributed to Council. He suggested that this item be deferred to the next Council meeting. Mayor Pro Tempore Eck and Director of Public Works /City Engineer Brust responded to Council questions. The Council agreed to defer this item to the next Council meeting for further review by the full Council. 2. SCTA & Marin Countywide Planning Agency /Executive Committee Meeting report - This item was deferred to the next Council meeting for review by the full Council. 3. Letter from Golden Gate Bridge, Highway Transportation District - Public Hearing - Wednesday, October 19, 1994 - City Manager Netter introduced the topic. Director of Public Works /City Engineer explained related information provided by the Sonoma County Transportation Authority which pertained to funding ratios. In response to concerns expressed by Councilwoman Spiro, Council agreed to send a letter over the Mayor's signature expressing concerns related to the possible reduction or discontinuation of Routes 71 and 75 which provide daily commte service between Santa Rosa, Rohnert Park, Cotati, Petaluma and Karin County work sites. 4. Metropolitan Transportation Commission (MCC) - Public Hearing - re. unmet transit needs - Director of Public Works /City Engineer Brust advised that the date of the public hearing has been changed from September 26, 1994 to Monday, October 24, 1994 at 5:00 p.m., at the County Board of Supervisors' Chambers. Authorizing City Manager to sign letter agreement with Hewlett Packard Company (re. sewer capacity provision for Kaufman & Broad Project) - City Manager Netter explained this item and referred to a separate memorandum dated September 19, 1994 from City Attorney Flitner. City Manager Netter, City Attorney Flitner and Director of Public Work /City Engineer Brust responded to Council questions. The Council deferred action on the item to the next meeting agenda for further review by the full Council. Rohnert Park City Council Minutes (10) September 27, 1994 Communications- Communications per the attached attention of the City Council. specifically noted in these minutes. outline were brought to the No action was taken unless Councilwoman Spiro referred to item #14 on the comnziications list from the U. S. Conference of Mayors urging participation in "World Food Day ", Sunday, October 16, 1994. A motion was made by Councilwoman Spiro, seconded by Councilwoman. Gallagher with a friendly amendment to extend similar recognition to other nrcI -- -- i nns in year s ay Lead, aild uiLCLLL111FJU51y approved with .___ r a.. Mayor Reilly and Councilman Hollingsworth absent, to place on the next Council meeting agenda a resolution proclaiming "World Food Day" and a related proclamation to "T's Academy" expressing appreciation for its annual Thanksgiving dinner for the needy. Councilwoman Gallagher referred to item numerous cities requesting Industrial Base. She did not building any more bombers. City Manager's report: #13 on the communications list from support to preserve the B -2 Bomber support this effort. We should not be 1. State Farm Insurance request to fence facility - City Manager Netter reviewed this request and responded to Council questions. Council agreed that be it should be referred to the Planning Conanission for review. 2. "M" Section Neighborhood meeting scheduled for Oct. 18, 1994 - City Manager Netter explained that the Monte Vista Matti- Purpose facility was not available for the neighborhood meeting. Council directed staff to seek another location. 3. Willis Avenue (Tom Roberts) Driveway- Director of Public Works /City Engineer Brust referred to plans on display and updated the Council on the progress of this item and related discussions with adjoining property owners. Tom Roberts, 4649 Dowdell Avenue, shared contents of his letter dated September 27, 1994 (copy attached to original set of these minutes) in reference to abandonment of Willis Avenue (formerly Bloom Avenue). He said the Roberts family has never consented, conveyed, or relinquished the property rights of the 40 foot wide abandoned Willis Avenue to any party, entity or person and, therefore, retains an easement of passage over the abandoned Willis Avenue. Discussion included further review of staff communications with related property owners and recent new development at Scandia. City Attorney Flitner and Director of Public Works /City Engineer Brust responded to Council questions pertaining to property abandonments and easements. Council concluded this item should be deferred to the next Council meeting for further review. 4. Water Tank on SW Blvd. - update on possible painting - City Engineer Brust reported on this item. Council agreed this project should be incorporated into next year's budget sessions. Rohnert Park City Council Minutes (11) September 27, 1994 S. Status of New Animal Shelter - City Manager Netter reported that the new Animal Shelter should be completed within two to four weeks. A grand opening celebration will be scheduled early next year. 6. Single Advertiser Sponsor Newsletter Program - City Manager Netter reviewed the contents of a fax dated September 14, 1994 from James Allyn Printing Company. Council agreed not to pursue this offer. 7. Avenue of the Flags at the Contrunity Center - City Manager Netter advised that this project was complete and that there should be a small presentation. City Attorney's report: 1. Fair Political Practices Commission (FPPC) - City Attorney Flitner explained recent changes in reporting requirements. He provided a memo to the City Manager to be sent to department heads regarding the changes. Council agreed that the City Attorney should continue to inplement the FPPC revisions as reviewed. 2. Hallock vs. City of Rohnert Park - City Attorney Flitner reported on the motion to dismiss this case on November 18, 1994. Mr. Hallock renewed his motion for a continuance. There should be a ruling on that motion soon. 3. Hillsboro vs. City of Rohnert Park - City Attorney Flitner updated the Council on this case and reported that the City should seek a stay regarding enforcement of the Court's decision pending the City's appeal. Letter arguments must be submitted by November 30th. 4. SINE vs. City of Rohnert Park re. Nbbile Home Rent Control matters - City Attorney Flitner received notice from the court on this case asking if we would like to argue the matter. He responded affirmatively. Within 4 to 6 weeks the case should be argued. Unscheduled Public Mayor Pro Tempore Eck asked if anyone in the audience wished to make Appearances an appearance at this time. Debra Hales, 825 Liana Court, reviewed concerns related to comnunity human services. The City did not receive its fair share of funds. She referred to Hands Across the County. Volunteers work on projects throughout the County for half a day on Saturday, October 22nd. Nothing was done in this community last year. Detailed information was mailed to individual households and she thought it was important to take advantage of this opportunity. Ms. Hale referred to earlier comparisons between the Crane Melon Festival and the Founders' Days Event. She thought the Founders Day Festival lost money this year and has no admission charges whereas Crane Mellon charges entry fees. Mayor Pro Tenpore Eck noted that the City gives the Founders' Day Festival $5,000 every year. Rohnert Park City Council Minutes (12) September 27, 1994 Ms. Hale asked if a decision has been made about completing the environmental report for the General Plan. Mayor Pro Tempore Eck responded a General Plan Update Work Session is scheduled for next Tuesday evening and this matter could be brought up then. Ms. Hale referred to earlier comments about the fire station being manned 22 hours and asked if it affected the northern or southern station Katherine Collins, 828 Lilac Way, expressed concern about the advertising rates for the annual report. Adjournment Mayor Pro Tempore Eck adjourned the meeting at approximately 10:10 p.m. to 6:30 p.m., Tues., Oct. 4, 1994 for General Plan Update Work Session De y Ci Clerk Mayor Pro Tempore jh }�� c 9y Presentation on Proposition 187 made before the Rohnert Park City Council members on September 27, 1994. PROPOSITION 187: A COSTLY AND MISGUIDED INITIATIVE The recession, combined with high levels of illegal immigration, has led to the introduction of Proposition 187 on our November ballot. Known as the Save Our State initiative, Prop 187 will deny health, education, and social services to anyone unable to document their legal status. Anyone who applies for any of these services who is "reasonably" suspected of being in this country illegally must be reported to the Immigration and Naturalization Service. This initiative is based on two assumptions, both of which are flawed. The first assumption is that the denial of services and the threat of being reported to the INS will deter immigrants from entering. In fact, Prop 187 will be of little value, of any, in stopping illegal immigration to California. Illegal immigrants enter the United States for jobs, for purposes of family reunification and to escape from political persecution. They do not enter this state for health, social or educational benefits. The second assumption is that by denying these services we will save money. California will not save money through passage of this initiative. In fact, Prop 187 will cost our state more than it will save. The verification procedures required of schools, hospitals and so forth are estimated by the Legislative Analyst's office in Sacramento to cost over 100 million dollars. In addition, the U.S. Department of Education has informed California that it intends to withhold $3.4 billion in federal aid to our schools because the verification requirements contained in the initiative will violate federal confidentiality provisions. An additional $12 billion in federal funds for AFDC and Medi -Cal will be lost for the same reason. Whatever cost savings may be realized from denying illegal immigrants these services will be overshadowed by the loss in federal funds. Finally, the initiative is certain to be challenged in court on a number of issues, such as the issue regarding the right of undocumented children to attend school, which was last decided in the 1982 Supreme Court decision in Plyler vs. Doe. This and other challenges to this legislation is certain to ultimately cost millions of dollars. What will Proposition 187 actually accom 1p ish? Rather than a deterrent to illegal immigration, Proposition 187 will create a permanent and unprotected underclass comprised of mostly uneducated children. Children follow their parents. By denying them an education in our laws, our language and our customs, we will only hurt ourselves. Rather than save our state funds, Prop 187 will pose health hazards to the entire community. Our children may exposed to other children who have not received vaccinations. We may be exposed to adults with communicable illnesses that will go untreated according to the terms of this initiative Alternatives to Proposition 187 as a means of controlling . illegal immigration. The illegal immigration to our state must be addressed by federal authorities through stricter and more extensive control over our borders. The federal government must invest more in enforcing our laws. Since illegal immigrants are coming to the United States to work, then let's address the matter of who is employing them. The allure of employment in this country must and can be eliminated by more thorough enforcement of employer sanctions laws which were passed in 1986 and were meant as the means to end illegal immigration. I encourage you, the members of the City Council of Rohnert Park, to recognize the folly of Proposition 187. The initiative is poorly written and contains critical flaws. It won't stop illegal immigration nor will it save our state money. Proposition 187 will, however, make the challenges of educating our own children and of safeguarding the health of our own citizens more problematic than it is now. Thank you. Herbert M. Castillo 7836 Apple Blossom Ln. Sebastopol, CA 95472 829 -7612 September 27, 1994 City of Rohnert 6750 Commerce Blvd, Rohnert Park, CA. 94928 SUBJECT: Rohnert Parr City council Agenda, Tuesday, September 27, 1994, Rohnert Park Parcel Map No. 139 Sheet 2 of 3. Willis Avenue, (formerly Bloom Avenue). (Abandon). Honorable Mayor, Council, Staff and City Attorney, In reference to abandonment of Willis Avenue, (formerly Bloom Avenue), The City of Rohnert Park abandoned a portion of Willis Avenue, and realigned to another location. Easement over the abandoned 40 feet wide portion of Willis Avenue was created by a map of Santa Rosa Farms #2, March 7,1910, File 21 -14. Each purchaser of a lot in Santa Rosa Farms #2 automatically aquires an easement of passage over the streets and alleys shown on the map of the subdivision. Easements are property rights. The Roberts family has never consented, conveyed, or relinquished the property rights of the 40 foot wide abandoned Willis Avenue, to any party, entity or person. We therefore retain an easement of passage over the abandoned Willis Avenue. "Very Truly Yours,