1992/03/10 City Council MinutesRohnert Park City Council Minutes
March 10, 1992
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
Spiro presiding.
CALL TO ORDER Mayor Spiro called the regular session to order at
approximately 6:20 p.m. and led the pledge of allegiance.
Mayor Spiro advised that a closed session commenced this
evening at 6:00 p.m. to discuss personnel matters. She said
no action was taken and there was nothing to report at
this time.
ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins,
Reilly, and Mayor Spiro
Absent: (0) None
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner, Assistant to the City Manager
Leivo, Planning Director Skanchy and Director of Public
Works /City Engineer Brust.
Approval of Minutes Upon motion by Counc i lmember Hopkins, seconded by
Councilmember Hollingsworth, and abstained by Mayor Spiro on
minutes of March 3rd due to her absence from said meeting, the
minutes of February 28, 1992 and March 3, 1992 were
unanimously approved as submitted.
Approval of Bills Upon motion by Councilmember Hopkins, seconded by
Councilmember Hollingsworth, and unanimously approved, the
bills presented per the attached list in the amount of
$1,001,710.72 were approved.
Non- agendaed Mayor Spiro queried if any Councilm nk>er had any non- agendaed
Matters items to add to the agenda. No one responded.
Unscheduled Public Mayor Spiro stated that in conpliance with State Law (The
Appearances Brown Act), anyone in the audience who wished to make a
comment may do so at this time. In most cases under
legislation of the new Brown Act, the Council cannot handle an
item without agendizing. To ensure accurate recording,
"Speaker Cards" are provided at the entrance of the Chamber
and unscheduled public appearances are requested to fill out
the cards and present to recording clerk after speaking.
Rohnert Park City Council Minutes (2) March 10, 1992
Armando F. Flores Armando F. Flores, 1420 Middlebook Way, distributed to Council
copies of his public comments supporting the proposed
recreation complex of the Art Condiotti /Jimmie Rogers
project including an offer that provides lands for recreation,
affordable housing, and help to stimulate a seriously hindered
economy. He read contents therein of statement of support
(copy attached to original set of these minutes)
explaining that he was appearing before the Council as
spokesman for a large group of individuals, present at
tonight's meeting, who are community volunteers representing a
great silent majority. Mr. Flores confirmed his thankfulness
for these people because they are not political advocates, but
rather, advocates of a beneficial community project. He said
such community volunteers are not normally at Council
meetings, but are working with our children. This large group
of people stood at the close of Mr. Flores' comments to
signify agreement with the statement supporting the proposed
sports complex and Condiotti/Rogers project.
Paul Golis Paul Golis, 202 Sundown Road, Thousand Oaks, California 91360
said he wanted to speak in favor of the petition of the new
members in the homeowners organization of neighborhood "G" and
that he supported the comments of both individuals that were
to speak, later during tonight's meeting, regarding General
Plan concerns. He said he was the gentleman who gave Alicia
Park to this City, including a swimming pool, at no cost to
the City. The purpose of the park was to set a pattern to
follow so there would be similar provisions within 1/3 of a
mile for each child in Rohnert Park. Mr. Golis listed the
various types of activities and provisions for same that need
to be within walking distance in each neighborhood such as
schools, swimming pool, baseball diamonds, and even provisions
for the "unpatriotic" (in jest) game of soccer. He said his
contribution to the City amounted to approximately $110,000
and re-emphasized the need for recreational facilities to be
within walking distance instead of several miles away. He
expressed appreciation for the people here tonight
representing the new homeowners association because this City
was designed for Deoole of all rategories uP ca;r7 wA r.. -,111A
like to mention the fact that the City just engaged in one
grand development that looks like you are trying to buy your
way into fame and notoriety, which is referring to the Sports
Complex and the Performing Arts Center, and has created a
$600,000 deficit. He said from his observation, as far as
housing is concerned, there are more programs for affordable
housing in the hopper during the few days he has been here
than he has seen in the last twenty -five years. Rohnert Park
was initially built for the people, ironically, despite the
annexation people. Goals were set forth in the previous
General Plan. It seems to be a "song and dance" that the last
subdivision was made for half a million dollar housing, which
is pathetic. It is going to take a while, but the only thing
that should be built, should be affordable housing. There's
Rohnert Park City Council Minutes (3) March 10, 1992
no room for anything else and conditions should be set up to
provide competition in the building of these houses.
W. Golis referenced a recent brochure of the Sonoma County
Wine Institute and said he could not understand what the City
is doing regarding the sale or gift to the Winery Association,
since as far as he could discover, there still is not any
contract that contains certainties regarding what it provides.
From what he has read in newspapers, this winery deal is a
great scam with the City putting up the land and the loan for
it and taxpayers have to pay off that loan. It is assumed by
reading the newspaper articles that approval of this Wine
Center is already done with statements that construction
starts in April and it will be opened in September. Headlines
are saying "Yes, Virginia, there will be a Winery ", which is
one way of saying, "Yes, Virginia, there is a Santa Claus ",
and that Santa Claus is the taxpayers of Rohnert Park.
Carlton C. Burille Carlton C. Burille, 7808 Meadow Lark Way, said he could tell
from the general tone of things that it is probably going to
be wrong no matter what Council does. He said he came tonight
to speak regarding the non - profit status of the Symphony.
When he came to a program six months ago, he expected to hear
an "adequate" symphony, but was amazed at what he and his wife
heard. With a group of volunteers, Rohnert Park has one
of the finest small city symphonies he has ever heard in
his personal background of twenty -five years in nusic.
W. Burille said he has been in retail business for the last
twelve years, so understands profit and loss and retail
budgets. The City has one of the finest symphony directors it
would ever want to have judging by the results she gets from
the syfphony. The City has an excellent symphony. It is also
understood that there is a proposal for the symphony to go
non - profit. There could be help through the City's legal
department. Establishment of non - profit status could possibly
cost $20,000, of which W. Burille said he had a check in his
pocket to contribute $500 toward the effort. If there were 19
more people to do the same, funds would equal $10,000; 29 m7re
would equal $15,000; and 39 more would equal $20,000, etc. to
cover the need. It is going to take time and a lot of hard
work. W. Burille said, however, that he did not think he
would be willing to offer this without retaining Karla Lemon
as the symphony conductor. She has proven her talent to work
with the people and created a great symphony.
Whitey Stratton Whitey Stratton, 875 Holly Avenue, said he would like to
preface his comments with the fact that he likes Armando
Flores and agrees with providing the atmosphere of sports and
recreational activities for the children. Mr. Stratton
reviewed reasons he is against annexation and said, over the
last several months, he had heard several members of the
Council proclaim that they are elected to make decisions
without citizens input and, apparently they are. Perhaps some
Rohnert Park City Council Minutes (4) Nbrch 10, 1992
of the decisions they have made have put the City in a very
precarious situation regarding annexation funds to cover the
short fall. The May 1990 General Plan is very clear in
stating that, before any annexation, the City shall do another
thorough General Plan update. The citizens expect Council to
make decisions and keep promises. Mr. Stratton gave the
example that President Bush went back on his word regarding
the increase of taxes. Regardless of what Council thinks of
people, like the ones represented here tonight, who are
willing to have meetings and collect money, those of us who
live in the north end of the City fight the freeway to get
home in the evenings. We do not want more of the same
throughout the City. If a General Plan update must be done,
do it right, according to the law, and not on a fast track.
One of the alternatives to this is litigation and there are
those in Rohnert Park interested in that approach. A good
comment by President Reagan has been quoted that "this body is
spending money like a bunch of drunken sailors, with the only
difference being that drunken sailors spend their own money ".
Suzanne Anderson Suzanne Anderson, 886 Holly Avenue, said she is a business
woman of an entertainment organization, owner of both a
non - profit and profit making operation, and a writer of
national plays. She is proud to be a citizen of Rohnert Park,
came to the West Coast, married, and thinks Rohnert Park is a
wonderful place to live because of the parks, shopping safety,
etc. Even though teased by friends in larger areas, she didn't
care because she knew Rohnert Park was something special.
R9. Anderson said she and her husband attended the Gala
opening for the Performing Arts Center a couple of years ago
and expected something shy of mediocre, but were stunned with
the superlative organization. They have talked with others
who have heard the symphony, with confirmation that it is
fantastic, and quessed they could take credit for some of the
subscribers. This was so exciting and a very good
organization. Nis. Anderson said she was very disappointed to
hear of Karla Lemon's resignation as she had intended to do
something for the symphony, but did not follow through or do
anything about it until now with this sudden information.
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zation and she would be more than willing to set up something.
She has spoken to several people that would also be more than
happy to work with this. Tax deductions are very pleasing to
people that want to give to charities. She has spoken to only
a couple of the symphony musicians and it seems they have
wanted this kind of support, but do not know how to proceed.
Ms. Anderson said that pursuing the non - profit status is
really not their place as the musicians should be working on
music. She said she felt personally responsible for the
situation because she should have done something about it a
long time ago and asked Council if the non - profit approach
could be a consideration. She said she was sure there are
many others out there that would support the symphony saying
"This is a real progressive City ", and it is.
Rohnert Park City Council Minutes (5) March 10, 1992
Mayor Spiro responded that consideration of the non - profit
status for the synphony is certainly one of the options that
could be pursued, that it would be Ms. Anderson's prerogative
to speak with Karla Lemon regarding the matter, and that if
Council received such a proposal, Council would give the
proposal its utmost consideration.
Dave Nbchel Dave Mbchel, 4405 Hollingsworth Circle, said he would like to
present a modest proposal for Council's consideration
regarding the item on tonight's agenda for making appointments
to the General Plan Committee. He understood there is a
group of as least 21 well qualified people and the Council is
faced with choosing from them to make 10 appointments. W.
Nbchel said there was a real expectation during the earlier
General Plan procedures from people trying to get involved
with the update. This could be a mechanism for many to get
involved in this whole process. He has heard it said that
citizens have been encouraged to get involved and the real
strength of democracy is providing ways to get involved. He
suggested Council appoint all the applicants to the General
Plan Citizens Committee. If efficiency was the only issue,
then the project could be given to a staff person like Carl
Leivo to handle. Mr. Nbchel said he did not think efficiency
is the main objective, however, but rather that the opinions
of the majority of the people of Rohnert Park be heard.
By whittling the Citizens Committee down to 10 people,
Council would miss out on what others have to contribute
and, therefore, requested Council unanimously select all
twenty -plus individuals who submitted applications to be part
of the General Plan Citizens Committee.
C O N S E N T C A L E N D A R
Mayor Spiro queried if anyone had any questions regarding the
matters on the Consent Calendar which were explained in the
City Manager's Council Meeting Memo.
Mayor Spiro said the first resolution on the Consent Calendar
was one of respect for Annette Lyons and explained that W.
Lyons was not present at tonight's meeting due to the recent
passing away of his wife, but the resolution would be
appropriately presented to him at a later date. Mayor Spiro
read the resolution of respect for Annette Lyons in honor of
her active, unselfish, and productive life, acknowledging that
she will be sorely missed by many people within the community.
Acknowledging the City Manager /Clerk's report on the posting
of the agenda.
Resolution No.92 -43 A RESOLUTION OF RESPECT FOR ANNETTE LYONS
Resolution No.92 -44 RESOLUTION CALLING FOR SEALED PROPOSALS FOR MISCELLANEOUS
FURNISHINGS FOR THE NEW PUBLIC SAFETY BUILDING
Rohnert Park City Council Minutes (6) March 10, 1992
Resolution No.92 -45 RESOLUTION CALLING FOR SEALED PROPOSALS FOR THE INSPECTION,
MAINTENANCE AND REPAIR OF HEATING AND AIR CONDITIONING
EQUIPMENT IN ALL CITY FACILITIES
Resolution No.92 -46 RESOLUTION ACCEPTING COMPLETION AND DIRECTING DIRECTOR OF
PUBLIC WORKS TO FILE NOTICE OF COMPLETION, MILLBRAE AVENGE
ASSESSMENT DISTRICT, PROJECT NO. 1988 -1
Resolution No.92 -47 A RESOLUTION ACCEPTING COWLETION AND DIRECTING CITY ENGINEER
TO FILE NOTICE OF COMPLETION, ROHNERT PARK EXPRESSWAY
WIDENING, PROJECT NO. 1989 -12
Resolution No.92 -48 A RESOLUTION ABANDONING SURPLUS PUBLIC UTILITY EASEMENT FOR
ROHNERT PARK EXPRESSWAY
Resolution No.92 -49 A RESOLUTION OF AWARD OF CONTRACT, TRAFFIC SIGNAL: EAST COTATI
AVENLE /BODWAY PARKWAY, PROJECT NO. 1991 -7
Resolution No.92 -50 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
PROCLAIMING OCTOBER 1, 1992 "BOOK IT! DAY"
Approval of Parcel Map 144 on a 3.82 acre site in the vicinity
of Codding Bank being subdivided into 2 lots for Olive Garden
and Red Lobster Restaurants
Upon motion by Councilmember Hollingsworth, seconded by
Councilmember Hopkins, the Consent Calendar as outlined on the
meeting's agenda was unanimously approved.
Resolution No.92 -51 A RESOLUTION OF AWARD OF CONTRACT, WASTEWATER PUMP STATION
INPROVEMENTS, PROJECT NO. 1988 -20
City Manager Netter explained the resolution as reviewed in
the Council Meeting Memo.
Director of Public Works /City Engineer responded to Council
inquiry about staging of pumping capacity. Director Brust said
that the existing pump station can only provide 6 million
gallons per day pumping capacity to Santa Rosa and that the
modified pump station is designed to provide a staged 13
million gallons per day pumping capacity. The current
expansion will install three of the four main pumps and the
fourth pump would be installed as a future second stage,
when needed.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, reading of
Resolution No. 92 -51 was waived and said resolution was
adopted.
Rohnert Park City Council Minutes (7) March 10, 1992
Scheduled Public Appearances:
1) Lewis Kuehm Lewis Kuehm, 1406 Gregory Court, Chairman of Founders Day
Association, referenced copies provided to Council of 1992
Theme Contest entries wherein 162 suggestions were submitted
from 145 people. He said the Blue Ribbon Commmittee met on
March 4th and selected a winner and the runner -up. Mr. Kuehm
said the winner was Joseph Kostolefsky, a senior citizen, with
the theme "Isn't 30 Something!" and introduced W. Kostolefsky
with his wife. Mr. Kuehm also introduced Lyndell Dion, a
fourth -grade student at Waldo Rohnert School, as the runner -up
with the theme "Shining Thru in '92" and introduced her
with her parents. Mayor Spiro expressed appreciation to
Mr. Kostolefsky and Lyndell Dion for their interest and
participation in the theme contest and presented certificates
of congratulations to both, on behalf of the Council, as
Founder's Day representative took pictures.
2) Daryl Dell Daryl Dell, 4464 Grayvhaler, distributed copies to Council of
letter dated March 6, 1992 from Homeowner's Group of "G"
Section (copy attached to original set of these minutes)
expressing concerns regarding the General Plan.
Mayor Spiro directed conment to W. Dell and said she did
follow up with the City Attorney regarding recent invitation
to Councilmembers to attend the G Section Homeowners' meeting,
and was advised that having three Councilmembers attend would
constitute a formal meeting wherein legalities would have
required the proper posting of notices 72 hours prior to
a meeting. The Mayor further explained that she would
not have been able to attend the meeting with the other
two Councilmrembers, anyway, because she was in Washington
at the time.
Mr . Dell reviewed the formation of the G Section Homeowners
Group and said there were citizens at the recent meeting from
almost every section of the community numbering well over 50
wherein the above- referenced letter was presented. He shared
contents therein as agreed by the members present at the
meting stating that (1) the City should not be involved in
the institution of a wine display center particularly because
such use of the open space would be considered reprehensible;
and (2) the G Section Homeowners are not against annexation
and growth per se, but are opposed to changes that violate the
trust of the community and fails to present reasonable
concern for health and ecology such as the documented
problem of inadequate sewer facilities. Mr. Dell pointed
out that such things as water pressure problems, like those
experienced in G Section, should be solved before placing
further pressure on the system.
City Engineer Brust responded to Council inquiry that the
groundwater basin drops three to four feet per year, which
appears to be due to the City's annual growth, but that during
heavy rain seasons, recovers to original levels. The last
Rohnert Park City Council Minutes (8) March 10, 1992
recovery of the ground water basin was in 1982. For the last
three years the basin has tended to stabilize because pumping
has leveled off. It will take a number of years to see if
that will continue. Currently we get 75% to 80% of our water
from the ground and the remaining 20% to 25% from the aqueduct
system. It looks hopeful that within a year we may be able to
reverse our supplies and take most of our water from the
aqueduct. This effort is moving forward and looks very
favorable. If this program comes about, we will be able to
reduce our ground water pumping and keep our well field in
reserve as an emergency water supply for, not only Rohnert
Park, but for the Sonoma County Water Agency also. Currently,
the ground water basin is in good shape and is being monitored
monthly. Ground water is not a problem. W. Brust responded
to further Council questions regarding this matter confirming
that the City is not now, nor ever has been in a critical
water supply situation. It is more likely that Rohnert Park
will be in a position of supplying emergency water.
City Engineer Brust further responded to inquiry regarding the
water pressure of G Section and confirmed it can be regulated.
He reviewed the history of development in G Section wherein
three wells were built that did not produce as anticipated and
it was necessary to use water from other sections of town for
the first couple of years. A pipeline has since been
installed from the aqueduct system that can now provide
whatever water pressure is desired for that area.
Councilman Eck expressed concern regarding a press release
insinuating "gift" when annexation fees are required in the
infrastructure. The issue at hand is not a General Plan
review. Councilman Eck said he would suggest not having this
effort be under the guise of a full plan review, which would
have prevented the whole confrontation to do this amendment.
The concern is in pretending this is a General Plan review.
Excessive efforts will proceed with the appointing of a
General Plan Citizens Committee, as scheduled later on
tonight's agenda, then there is the possibility of another
General Plan effort in July, and another in two years. Those
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exist as long as there is controversy regarding development of
a Sports Center versus a Wine Center.
Mayor Spiro said it pleased her that the residents from
G Section directly quoted statements from the General Plan
regarding annexation and population, and not out of context.
Mayor Spiro shared contents of statement (copy attached to
original set of these minutes) in response to the many
inquiries /comments received concerning the proposed updating
of the General Plan to accommodate the Rogers /Condiotti
proposal, expressing reasons she voted to proceed with
consideration of same. Reasons included provision for
permanent open space, desperately needed affordable housing,
as well as the benefit of the approximately 1.5 million dollar
Rohnert Park City Council Minutes (9) March 10, 1992
annexation fee required by City policy of which the City alone
determines the use of such moneys. Mayor Spiro closed her
comments by sharing contents of letter (copy attached to
original set of these minutes) dated February 28, 1992 from
Edward J. O'Brien expressing the support of himself and late
wife, Marjorie, to further annexation in order to continue
extending to others the same welcome felt when they moved to
Rohnert Park about three years ago, and is representative of
the sign welcoming all to the "Friendly City ".
*CORRECTION from 3/24/92
Discussion followed during which Councilman Reilly and
City Council meeting:
Councilman Eck both confirmed being on the side of
*negative
the referenced vote. Councilman Reilly said �t would seem to
"it would take equal
take less courage to be on the negative side than on the
courage to be on the
positive side and had hoped this issue would not become a
negative or positive
particular project, like Condiotti /Rogers, versus other
side"
opinions and procedures. It doesn't matter who proposes a
project, but keeping a promise that was made is the issue,
even though he was not personally on the Council during the
previous General Plan Update. He said, to him, the Bible
tells him how to live his life; the Constitution tells the
country how it is to be run; and the General Plan, this City.
Mr. Reilly said he coaches baseball and soccer, knows how
tough it is to get fields, and would love to see a sports
complex someday. He compared making a promise to his
children, and the necessity of asking them if it can be
broken, to the promise made by the City on permanent open
space, and said Council cannot change a promise by a 3 -2 vote.
Councilman Reilly said the question is not regarding the need
for parks, or whether there is now 100% financing for the
winery, or even how many citizens stand up to support them.
That is like saying it is okay not to follow the process.
Mr. Reilly said the process is what's important and the
reason he continues to be that person who insists we follow
the process.
Councilman Hopkins said he remembered thinking a lot like
Councilman Reilly's above comments when he first became a
Councilmember. However, if he and his predecessors had not
stood up and allowed the projects that have been developed
over the years, this City would only be five to six thousand
strong by now, and the people that came tonight to express
their views would probably not be here. Councilman Hopkins
said if he decides to run for Council again, and if elected,
he would try to make annexation come true. That's the
American way. He said he is proud of Rohnert Park and what we
have done, and is proud that the people have been given the
opportunity to express opinions. Mr. Hopkins agreed that the
motivation of some of the developers is profits, but then,
profits are what motivation is all about. He said he
questioned the motivation of some of the others, however, and
reviewed the extreme need for affordable housing and compared
the current high prices of homes with the lower prices of
several years ago. Councilman Hopkins said this County, City,
Rohnert Park City Council Minutes (10) March 10, 1992
or State is not providing adequate housing, and if something
is not done, it will come back to haunt us when our children
are unable to purchase homes. All these delays and all this
wonderful planning that people insist upon, costs money that
developers have to pass on to the buyers. People are leaving
the State because the people with the skills or assets are not
allowed to come into the area. ABAG is doing extensive studies
that show the people with assets are leaving and the ones
coming in are limited and do not have mach money. For those
with the attitude that "you've got what's yours" with no
consideration for the needs of others, is okay, but you should
probably move back to Marin County. Councilman. Hopkins said
he runs for election every four years and can certainly, or
even probably at this point, be voted out, but said we have
more to offer in this town than in any place most of us came
from, and if there are those that don't like living here,
then, putting it simply, they can leave.
Councilman Hollingsworth commended everyone that came to
tonight's meeting and said he respected their opinions even
though they might differ from his. Regardless of what has
been said here tonight, the process of the General Plan update
will be followed, and if not followed, will probably be
challenged. He said his perception of the press has become
"someone who stays behind the lines and stabs the wounded ".
Santa Rosa is building a gridlock and the Press Democrat
refers to a "no growth Council" for Santa Rosa. Whereas,
Rohnert Park has averaged less than 200 houses per year.
When this City gave everybody the opportunity to participate
in the fast track General Plan review, the process was well
criticized prior to election. However, after the election,
the publicity was great proclaiming the participation of 4,000
citizens. Now, consideration is being given of going through
this innovative process again. If this comes to fruition, the
results will only involve the building of approximately 125
homes or a population increase of a little over 300 people a
year, and will not exceed 40,000. Rohnert Park will not be a
Sane ,;ose. it are not going to violate the General Plan and
everybody will have an opportunity to comment and parti-
cipate. An examination of what happened previously is that
the City lost $1 million with the lawsuit and paid $80,000 to
Harvey Bell, with the exception to the loss being that the
City came out with a great General Plan. Councilman
Hollingsworth gave the example of people building a church in
Santa Rosa that took 2 1/2 years to accomplish all the
procedures and, in the interim, costs went from $2 million to
$4 million. He said, as a Counci lmember, he does understand
how the General Plan process works and residents elected us to
make those decisions.
RECESS Mayor Spiro declared a recess at approximately 7:45 p.m.
Rohnert Park City Council Minutes (11) March 10, 1992
RECONVENE Mayor Spiro reconvened the Council meeting at approximately
7:58 p.m. with all Councilmembers present.
Sonoma County Convention
& Visitors Bureau City Manager Netter referenced copies provided to Council of
funding policy letter dated February 6, 1992 from Sonoma County Convention
and Visitors Bureau (SCCVB) requesting clarification of the
City's policy related to funding SCCVB. He said the Council
Committee of Mayor Spiro and Councilman Hopkins met to discuss
SCCVB funding alternatives, as has been done at prior
meetings, and shared comments as reviewed in the Council
Meeting Memo stating that the City has authorized as little as
$10,000 and as much as $150,000, but in most cases has
approved $50,000 annually. There has been discussions with
Councilmembers of the City of Santa Rosa for the purpose of
trying to develop a long term proposal that would prevent
SCCVB funds from fluctuating from year to year, but because of
Rohnert Park's locale, there has been no satisfactory
conclusion of a feasible approach. Council Committee,
therefore, concluded that SCCVB funding should remain at
$50,000 this year to be paid on a monthly basis, as approved
at last year's budget session. Then, upon completion of the
Wine Visitors Center, and from the funding mechanism involved
with it, there would be discussions with relation to the
Wine Center and the item would be placed on a Council agenda
for further consideration at that time.
Discussion followed regarding the need to get a clearer
perception of the
total picture
during the next
budget
session, as well as
working out a
formula for Sonoma
County
area participation.
Confirmation
was given that it
is not
possible to commit funds beyond the
time frame of each
fiscal
year's budget.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Eck, and unanimously approved, to fulfill this
year's commitment to SCCVB in the amount of $50,000 to be paid
on the previously approved monthly basis, and not make
further commitments beyond the time frame of the given year's
fiscal budget.
Interim Housing Dawna Gallagher, Chairperson of the Interim Housing Task
Task Force Report Force, said copies were provided to Council of Interim Housing
Task Force report dated March 3, 1992 with two attached memos
requesting continuance of the Task Force as Housing Advisory
Committee, and recomrendation for hiring a full -time staff
person for housing and redevelopment issues. She shared
contents therein regarding the definition of homelessness; the
need to utilize as many outside resources as possible; the
wisdom of working with other cities and Sonoma County to
Rohnert Park City Council Minutes (12) March 10, 1992
develop viable affordable housing solutions; recommended
definition of affordable rental housing being that the monthly
rent plus utility cost not exceed 30% of gross monthly income;
as well as review of prevailing factors establishing the need
for affordable rental housing such as low paying jobs now
being created in Rohnert Park, and limited affordable rental
units in Rohnert Park for low income families.
Discussion followed during which Ms. Gallagher responded to
various Council questions regarding contents within the report
and reviewed complications involved for someone in Rohnert
Park who is homeless and cannot stay within the area of
support, especially for mothers with young children, even
though the City does work with County agencies, Santa Rosa
group and YMCA program regarding these needs. Concerns were
expressed by Council regarding budget restraints related to
the request for a full time staff person with suggestion that
it might be possible to start with the consideration of a half
time staff person; acknowledgment that these related issues
were stated in the General Plan and, therefore, these
suggestions would have to be addressed and /or incorporated
into the General Plan update; and comments regarding how
useful the Interim Housing Task Force could be during the
General Plan review process. Reference was made to the
appointments to the General Plan Citizens Committee scheduled
later on tonight's agenda, with recommendation that Ms.
Gallagher should provide this input from the Interim Housing
Task Force to said newly formed Committee.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to extend the
upcoming Sunset deadline on the Interim Housing Task Force
until after the completion of the current General Plan
update, and to accept tonight's report from said Task Force
and take it into consideration with direction that Council
Cormiu ttee review the matter further regarding contents of the
report and possibility of recommending a workshop on same.
Resolution No. 92 -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AT '0R+ZITk-_ cu APrLv 1W2 �r,EA4I WI n k- AiIM 1tcHiV5PVK1A1'IO1V
GROUP TO CONDUCT GENERAL PLAN UPDATE CIRCULATION ELEM4T AND
80 ACRE ANNEXATION TRAFFIC MMELING PROJECTIONS
City Manager Netter explained the above - titled resolution
wherein the proposal lists ten tasks at a total cost of
$35,910 as reviewed in Council Meeting Memo. He responded to
various Council questions and confirmed that the majority
of these costs will be paid by the developers.
*CORRECTION f from 3/24/92
City TIONC meeting: Upon motion by Councilman Hollingsworth, seconded by
Councilman, and unanimously approved with motion amendment
"seconded by that said approval be based on the fact that developer will
Councilman Hopkins" Pay costs as reviewed above, reading of Resolution No. 92 -52
was waived and said resolution was adopted.
Rohnert Park City Council Minutes (13) March 10, 1992
General Plan Mayor Spiro expressed appreciation to General Plan Citizen
Citizen Committee Committee applicants for waiting through the previous lengthy
Appointments portion of tonight's meeting.
Discussion followed during which Council reviewed the previous
recommendation of Dave Nbchel under Unscheduled Public Appear-
ances to appoint all twenty -plus applicants to the General
Plan Citizens Committee and extended compliments for the
innovative idea, however, concluded that the predetermined
number of ten appointments would be sufficient at this time.
Councilman Eck said it was his intention to nominate Dave
Nbchel as his appointment to this Committee in respect of his
recommendation.
Council proceeded with appointments to the General Plan
Citizen's Committee as follows:
A motion was made by Councilman Hollingsworth, seconded by
Councilman. Hopkins, and unanimously approved, to appoint Ralph
Jones and Armando Flores.
A motion was made by Mayor Spiro, seconded by Councilman
Hopkins, and unanimously approved, to appoint Ralph Barkey and
Jeff Weber.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved, to appoint
Don Kite and Sil Cincera.
A motion was made by Councilman Reilly, seconded by Councilman.
Eck, and unanimously approved, to appoint Jerry Griffin and
Heidi Weil.
A motion was made by Councilman Eck, seconded by Councilman.
Hollingsworth, and unanimously approved, to appoint Dave
Nbchel and Barbara Mackenzie.
Discussion followed during which City Manager Netter said
staff has set up a preliminary meeting with the General Plan
Citizens Committee next Monday, March 16th, 1992 in
preparation of the first Town Meeting scheduled for Saturday,
March 21, 1992 from 9:00 a.m. to 10:00 noon in the Activities
Room at the Codding Center, 6800 Hunter Drive. Council
reviewed the logic of Council Committee, or at least one
Councilmember, designated as General Plan liaison to attend
the referenced General Plan meetings. Concerns were shared
regarding previous negative feedback received regarding
Councilmembers' appearances at prior Town Meetings for the
General Plan, possibly due to intimidation. It was hoped by
Council that any future appearances of Councilmembers at such
meetings would simply be viewed as interest in hearing citizen
input first hand, in order to be better informed. Council
agreed that Citizens Committee, recommendations to the
Planning Commission should be independent from Council.
Rohnert Park City Council Minutes (14) March 10, 1992
Mayor Spiro appointed Councilman Hollingsworth as liaison to
the General Plan Citizens Committee in response to his offer
of same. Council agreed.
City of Cotati Issues -1) Redwood Drive Traffic Impacts - Councilman Eck said copies
were provided to Council of report dated March 10, 1992 from
Council Committee comprised of himself and Councilman
Hollingsworth regarding City of Cotati/Redwood Drive traffic
impacts (copy attached to original set of these minutes).
He shared contents therein outlining results from recent
discussion with City of Cotati representatives during which it
was concluded that it would be very difficult to calculate
traffic impacts at Highway 116 and Redwood Drive because of
development occurring in both Cotati and Rohnert Park. Where-
fore, it was necessary to proceed with the discussion of
alternatives as reviewed in tonight's report.
Discussion followed during which Councilman Eck responded to
various Council questions, said the meeting resolved some of
the differences between the cities regarding this matter, and
recommended Council agree with the following course of action.
Recommendation was made that Rohnert Park would move forward
the widening of Redwood Drive north of Copeland Creek and the
widening of Rohnert Park's half of the Copeland Creek bridge
to join with Cotati's proposed improvements for Redwood Drive.
Rohnert Park would administer the entire project for both
Cotati and Rohnert Park. Cotati will reimburse Rohnert Park
for its pro -rata of the project costs. Rohnert Park will not
charge Cotati for administration costs.
A motion was made by Councilman Hopkins, seconded by
Councilman Eck, and unanimously approved, to commit to the
Cotati/Rohnert Park Redwood Drive proposal as submitted and
recommended by Council Committee and staff.
2) City of Cotati request for Joint Council Committee meetings
regarding annexation proposals - Councilman Hollingsworth
referenced copies provided to Council of letter dated February
27, 1992 from City of Cotati requesting joint Council
Committee meetings on a regular basis regarding the 80 acre
annexation proposal neat Hewlet%-Pac ifcuu and c1I LL115 LeGjUeSL
was also reviewed at the above - referenced meeting. He said
differences were hashed out relating to February 28, 1992
Press Democrat article attached to the referenced letter from
Cotati regarding annexation and, after straightening out the
positions between the two com=ities, as reviewed above with
concluding proposal, it was agreed that joint Council
Committee meetings regarding the 80 acre annexation proposal
should proceed as requested. Discussion followed.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Eck, and unanimously approved, Mayor Spiro and Vice
Mayor Hollingsworth were appointed as Council Committee for
joint meetings with Cotati regarding the 80 acre annexation
proposals.
Rohnert Park City Council Minutes (15) March 10, 1992
Annexation Fee, Councilman Eck said he had requested the Council review of
Review of Ordinance No. 477 which establishes an annexation fee because
Ordinance No.477 of concerns he had regarding possible operational use of
the fees. He referenced the staff report as presented in
the Council Meeting Memo discouraging changes in the ordinance
because the City should leave its options open.
Discussion followed during which suggestion was made regarding
the possibility of increasing the annexation fee. Intention
of the basic policy was reviewed. City Manager Netter said
the funds have never been used for operations but still
thought the options should be left open. Councilman Eck
expressed concern regarding vagueness of the language in the
ordinance and recommended an amendment be considered for
commercial purposes, and said a phrase should be put in the
ordinance whereby the directive would be clear to allow use of
the fees for operations only in dire emergency.
Councilman Hollings- Councilman Hollingsworth left the Chamber at approximately
worth leaves 8:50 p.m.
City Manager Netter said various procedures would take place
and information would be provided throughout the General Plan
process that could resolve these concerns. Council agreed.
Santa Rosa Subregional
Wastewater System 1) Sewer Capacity Report - Director of Public Works /City
Engineer Brust referenced copies provided to Council of his
wastewater capacity report as of February 25, 1992 and summar-
ized contents therein based on 1991 average dry weather flow.
He pointed out that the balance available is very close to
reaching capacity.
Discussion followed during which City Engineer Brust responded
to various Council questions pertaining to the Sewer Capacity
Report. City Manager Netter said staff has been working on
building and allotment allocations and recommends reviewing
the matter with interested builders in order to come up
with a plan.
Councilman Hollings- Councilman Hollingsworth returned to the Chamber at
worth returns approximately 8:57 p.m.
Further discussion followed during which reference was made to
public concern generated by recent news article entitled
"Rogers /Condiotti push for 450 houses" with Council comment
regarding the necessity to make it clear that, regardless of
proposals, if the City does not have sewer or water capacity,
the developer would not be able to build. The principle of
retrofitting was reviewed extensively using multiple examples
of various projects. City Engineer Brust said a retrofit
program is a viable program that has been studied very
closely and, that a 5 to 1 ratio is recommended. He said some
Rohnert Park City Council Minutes (16) March 10, 1992
capacity might be obtained through conservation programs, and
there is a possibility that Rohnert Park can work with Santa
Rosa to obtain some capacity. He thought there would be a way
to increment small pieces over the next few years in order to
come up with the capacity that will be needed. In
response to Council inquiry, Mr. Brust said the areas
subject to retrofit would be on a voluntary basis and are
the older areas from sections A through D, and possibly
section F and H. He confirmed that the low flow shower heads
have been in existance for eight to ten years, and that
conservation kits have been provided to homes in the older
part of town. In response to the Mayor's analogy to bring in
an affordable housing project, City Engineer Brust explained
that retrofitting 5,000 units could make provision for
approximately 1,000 to 1,500 units, that the cost is about
$300 per unit, and for the 400 or so homes proposed in the
annexation would cost approximately 1/2 million dollars that
the developer would pay, however the retrofit project has not
been irrplemented yet.
Mayor Spiro requested that, when the actual retrofit pro-
gram is proposed to move ahead, a report be prepared for
Council's review.
2) Anticipated 1992 Bond Sale for Long -Term Wastewater
Project - City Manager Netter said copies were provided to
Council of letter dated February 21, 1992 from the City of
Santa regarding Anticipated 1992 Bond Sale for Long -Term
Wastewater Project, as well as staff report dated March 5,
1992 regarding same, and shared contents therein as reviewed
in the Council Meeting Memo. He said staff recommends Council
authorization to schedule a public hearing regarding a needed
sewer rate increase to cover the proposed cost at its meeting
of March 24, 1992.
Discussion followed during which concerns were expressed
r.- y_diny Santa LIVsCi .1. 1. «.`Yi1 LeseL- VC.S -' related to this matter.
City Engineer Brust responded that he had attended various
meetings wherein other members of the system generally wanted
to keep the reserves high, but we have voted consistently to
keep them down. He said there was $100,000 reserve at
one time, but some wanted to run $1 million reserve in
the system. Mr. Brust said his studies showing the
probability of being about 1/2 million gallons short on sewer
capacity needed to fill out the City limits and that the
amount of the upcoming expansion will provide 0.64 mgd.to
Rohnert Park, which will leave only 0.14 mgd. available for
expansion beyond current City limits. Mr. Brust mentioned
that Santa Rosa's cost for the Long -Term Project expansion
cost will be approximately $150 million. Council agreed
further information would result from a public hearing.
Rohnert Park City Council Minutes (17) March 10, 1992
Councilman Eck said he would like to have a capacity
resolution on expansion to which City Engineer Brust responded
that staff has reported the shortage to Council for years, and
that it should not be a surprise to anyone.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, to schedule a
public hearing regarding the anticipated 1992 Bond Sale for
the Long -Term Wastewater Project and proposed sewer rate
increase at the next Council meting of March 24, 1992.
Solid Waste matters 1) City Manager Netter referenced copies provided to Council
of letter dated February 21, 1992 from Economic Development
Board wherein the AB 939 Task Force is requesting endorsement
for a workshop on legislation related to recycling of white
goods. Mr. Netter said he recently learned that the State is
providing a similar program and, therefore, cancelled this
item from tonight's agenda.
2) Resol.No.92 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AGREEMENT WITH TERRY E. KRIEG,
CERTIFIED PUBLIC ACCOUNTANT, TO PERFORM AUDIT SERVICES
City Manager Netter explained the resolution as outlined in
the Council Meeting Memo regarding approval of proposal
letter agreement with Terry E. Krieg, Certified Public
Accountant, to perform auditing services on Empire Waste
Management's Rohnert Park operation for the calendar year
ending December 31, 1991.
Upon motion by Councilman Hopkins, seconded by Councilman Eck,
and unanimously approved, reading of Resolution No. 92 -53 was
dived and said resolution was adopted.
Performing Arts Center - Mayor Spiro requested that the Performing Arts
Symphony matters: Center /Symphony matters be moved forward on tonight's agenda
and handled at this time, due to the lateness of the hour, and
as a courtesy to those waiting in the audience for same.
City Manager Netter referenced copies provided to Council of
letter dated February 28, 1992 from J. Karla Lemon, Conductor
of the Rohnert Park Symphony, tendering her resignation and
notice not to renew her contract as Music Director and
Conductor of the Rohnert Park Symphony for the 1992 -93 season
due to unreconcilable differences. He said copies were
also provided to Council of memo dated March 10, 1992, from
Council Committee, Mayor Spiro and Councilman Eck, outlining
two options for consideration as follows:
1. Direct staff to explore other options to insure a symphony
for next year's season; and
2. Encourage J. Karla Lemon to become independent by
developing a non - profit corporation, controlled and
operated by someone other than the City, by providing a
Rohnert Park City Council Minutes (18) March 10, 1992
concrete proposal to the City Manager outlining her plan and
indicating who would manage the non - profit corporation and who would
be responsible for fundraising efforts. This proposal would then
be considered by the City.
Discussion followed during which Council expressed appreciation for
the talent shown by J. Karla Lemon as verified by the success of the
performances and community support. Regrets were expressed regarding
any disagreement between her and the City concerning recent direction
to check into privitization, with hopes that successful efforts can be
made toward resolving complications. It was pointed out that the City
has not received any formal proposal from J. Karla Lemon in regards to
developing her own non - profit agency and that all information to the
City regarding this approach has been received through the media.
Acknowledgment was made of the numerous phone calls and letters of
support, as listed on tonight's communications, supporting the
Symphony and pursuit of the non - profit status.
Mayor Spiro confirmed that Council agrees the Symphony has been doing
an outstanding job, but the City mast still be reasonably responsible
in keeping a symphony now that the conductor's resignation is in hand.
Councilman Eck said he agreed with the two options as presented, but
did not think haste should be made on the first recommendation to
explore other options, until after a full effort is made on the second
option which is to encourage J. Karla Lemon to become independent by
developing a non - profit corporation as previously reviewed. City
Manager Netter said previous efforts have been made to work with a
transitionary plan which were unsuccessful, therefore, if such
attempts continue to be unsuccessful, consideration of other options
will be necessary. Mayor Spiro explained that it is not true that the
Symphony cannot have fundraising efforts, since the agreement, even
as established, does not prohibit anyone from contributing to, or
collecting funds, specifically for the orchestra.
Further discussion followed during which comparisons were made to
various types of contracts with the City; that there seems to be
enough friends of the symphony in the community that could form a
committee to effectively pursue the interests of the symphony; and
confirmation that the City has hired a professional to direct the
Performing Arts Center who understands the feelings of the individuals
+aavvi v--A i/—c --- IL 15 1115 vourld or comprehension, Wl.th conclusion
that this issue should not be discussed further without the needed
input and involvement of Performing Arts Director Michael Grice; that
the Council Committee of Mayor Spiro and Councilman. Eck should meet
directly with Director Grice to thoroughly review this matter; and
that the direction should be to proceed on both options with efforts
made to "make it work ". Council Committee Member Eck suggested adding
a third option encouraging the citizen enthusiasm to step forward and
offer their expertise.
Council concurred that Council Committee should pursue option #2,
first, regarding efforts to receive proposals for review from J.Karla
Lemon according to her intentions and desires, and to hold off
on option #1 (regarding exploration of other options) for at
least two weeks.
Rohnert Park City Council Minutes
(19)
March 10, 1992
Mayor Spiro
queried if the
remaining
agenda items could be
deferred to
another meeting,
due to the
lateness of the hour.
City Manager Netter responded that most of the items listed
could be deferred with the exception of needing Council
response regarding the Sonoma County Grand Jury Report,
as well as the need for some informative comments to be
made under reports from City Manager, City Attorney and
Council matters. He said the two letters listed under the
Regional Government Regional Government were provided for informational purposes,
as reviewed in the Council Meeting Memo, and did not need to
be deferred. These Regional Government items were as follows:
1) letter dated March 2, 1992 from Chairman of Mayors &
Councilmembers Association to Senator Becky Morgan regarding
SB 797; and 2) Bay Area Council letter dated March 3, 1992
regarding INbrrison & Foerster Report.
Council agreed to defer the Pride in Rohnert Park Programs and
Conflict of Interest issues to the next Council agenda.
Sonoma County Grand City Manager Netter said copies were provided to Council of
Jury Report staff report regarding the 1991 Final Report of the Sonoma
County Grand Jury, as reviewed in the Council Meeting Memo,
with recommendation to approve and authorize the Chairperson
to submit the response to Judge Giordano for the Grand Jury.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved,
authorizing submittal of response to Grand Jury as recommended
by recommended by staff.
Communications Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
City Manager's Report: 1) Performing Arts Center /Symphony matters - reviewed earlier.
2) Staffing in Public Safety Dispatch - Deferred.
3) Seed Farm Drive Petition - City Manager Netter said copies
were provided to Council of letter dated February 27, 1992
from Jonnie Tolman. of Valley Village Mobilehome Park regarding
attached Notice of Intention to Circulate Petition to
eliminate proposed extension of Seed Farm Drive adjacent to
the Northwest Pacific Railroad tracts and the rohnert Park
Expressway. City Attorney Flitner reviewed content of the
language he prepared for the proposed measure which is planned
for the November ballot, said the question Council needs to
answer is whether to let it go and see what happens or respond
to the issue, and confirmed he would present a more thorough
report for Council's review at the next Council meeting.
Rohnert Park City Council Minutes (20) March 10, 1992
4) City Manager Netter referenced staff report dated January
22, 1992 regarding efficiency suggestion for Resident Golf
Cards. He said, however, that another suggestion has been
presented regarding the possibility of charging a fee for the
golf cards, or consider turning the matter over to the golf
course. Discussion followed during which comment was made
that a renewal fee should be less than the fee for a first
time card holder. Council concurred this matter should be
reviewed during the upcoming budget cycle.
5) City Manager Netter said the next item was listed on the
agenda to inform Council that, as Vice President of the REMIF
Board of Directors, he would be representing REMIF in
Australia from March lath through 22nd, 1992 as reviewed in
the Council Meeting Memo.
Councilman Eck leaves - Councilman Eck left the Cumber at approximately 9:48 p.m.
6) City Manager Netter said copies were provided to Council
of City Attorney Flitner's letter of response to Finance
Director Harrow regarding AB 1576 which requires cities to
verify valid Workers' Compensation Insurance for all
businesses receiving business licenses in the City. Because
of the magnitude of the impact, the League of California
Cities has indicated it will seek a legislative remedy in
order to eliminate this requirement.
Councilman Eck returns - Councilman Eck returned to the Chamber at approximately
9:52 p.m.
City Attorney's Report:l) City Attorney Flitner updated Council on the Rent Appeals
Board Mobilehome Park litigation which has been set for
review. The matter has been briefed with Judge Weinstein, the
remaining issue is regarding the spread on the rent amounts,
prOr -Pr rrt-� hAvP a i roa � Fwcn cc+ �l � l i cl jai .-c.. .i; .... . 4-4— 4. � a-
_. _ .,.".j w......LL v...,�.aw.ia ✓LL...�.a J.vyC:i1 \..11LLy VWLCi1. "o �.AV
after the judgment is entered, and said ruling should be
entered prior to the next Council meeting.
2) City Attorney Flitner distributed to Council information
on the Brown Act from recent "Open Public" publication (copy
attached to original set of these minutes) and said, generally
speaking, the attendance of public officials at social events
is not subject to notification. He confirmed to Council
inquiry that the Brown Act requires notices for public
meetings be given 72 hours prior to such meetings to any
local newspaper or as requested on TV and radio stations.
Mr. Flitner said, according to the referenced article, it
appears this issue is going to get involved in policy.
Rohnert Park City Council Minutes (21) March 10, 1992
Matters from Council: 1) Councilman Reilly shared results of recent communications
with the Library. He said the Library will be very pleased to
have the Council meeting video tapes and could handle them
like a regular check out video. It would be a test in the
beginning to see how long the public interest lasts for
keeping the tapes available. A period of ninety days was
suggested. Discussion followed during which concerns were
expressed regarding potential editing abuse. Suggestion was
made to at least place a sticker on the videos stating that
the tapes are copyrighted are not subject to copying or
editing. Assistant to the City Manager Leivo noted that the
Super Video tapes are not directly adaptable to home videos,
but the City now has equipment that can transfer the videos
for home use, and that this procedure would be done for
providing the check out video to the Library. Council agreed.
2) Hearing impaired accommodations (Reilly) - Deferred.
3) Mayor Spiro said the Workshop for Sonoma County
Agricultural Preservation and Open Space District is scheduled
for Thursday, March 19th, 1992 at 7:00 p.m. at Rohnert Park
City Hall. Councilman Reilly and Councilman Eck confirmed
they would be able to attend.
Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an
Appearances appearance at this time.
Terrie Baune Terrie Baune, P. O. Box 856, Occidental, Ca., expressed
support for the Rohnert Park Symphony and said the contract so
states that the City is in control of all moneys donated to
Rohnert Park and, therefore, to her mind, that seemed to
clearly say that Ms. Lemon is not in a position to raise funds
for the symphony. W. Baune said she was pleased to know that
this was not a correct understanding of the terms of the
contract, and that contributions can be made to the symphony.
She said she has had experience with several million dollar
budget projects funded solely by grants and was personally
willing to offer any of the fruits of her fields of experience
for helping start up fund raising efforts for the orchestra.
Mayor Spiro said it was never the City's intention that
contributions for the symphony be hindered, and that anyone
can write a check to the City specifying that it is for the
symphony. Council Committee Member Eck confirmed that efforts
were started several weeks ago toward these symphony issues
reviewed tonight.
George Horwedel George Horwedel, 7669 Camino Colegio, thanked Councilman
Hollingsworth for appointing him to the Interim Housing Task
Force as he has enjoyed participating in the effort. He
requested that consideration be given to putting public
hearings on all agenda items to allow full citizen
Rohnert Park City Council Minutes (22) March 10, 1992
participation for every issue, to which Mayor Spiro responded
that people can comment on agenda items as listed. Mr.
Horwedel asked if two Council meetings could be placed on one
video tape so one year of meetings could be contained on
thirteen tapes. Assistant to the City Manager Leivo responded
that there is not enough room on one video tape to hold two
meetings, since the tapes hold only a total of six hours, and
the Council meetings have been averaging at least four hours
each. Mr. Horwedel said he would be glad to keep video tapes
of Council meetings filed at his home, after the Library time
has elapsed. Councilman Eck responded that Council would have
to look into the matter regarding whether such a home video
filing system would be in the best interest of the City. Even,
so, anyone desiring to make and keep copies of the videos,
could easily do so by coyping from the television.
Adjournment Mayor Spiro adjourned the
Rohnert Park Council time
to 7:00 p.m. on Thursday,
City Hall for Sonoma Count y
Space District Workshop.
�1':4 rAL
De C' lerk
meeting at approximately 9:55 p.m.
(10:05 p.m. Pacific Standard Time)
March 19th, 1992 at Rohnert. Park
Agricultural Preservation and Open
6�11meppwrm �!®
March 10, 1992
Public Comments By Armando F. Flores
Mayor Spiro and Members of the City Council
I am appearing before you tonight as a spokesman for a large group
of individuals. The people who are with me tonight are community
volunteers. They are coaches, managers, and board members of youth and
adult soccer teams, baseball teams, football teams, and swimming teams.
They represent a great silent majority. These community volunteers
are present tonight because they want to demonstrate support for the
recreation complex and the Art Condiotti /Jimmie Rogers project. I am
especially thankful to them because they are not political advocates,
rather they are advocates for a beneficial community project. Normally,
they are working with our children and not at council meetings.
Being a council member is a challenging position. You are constantly
facing subtle and overt pressure. The decision to update the City General
Plan has focused tremendous pressure on three of you. I applaud you for
your courage. You have maintained your position in the face of extreme
criticism from a small vocal group.
Two years ago, few persons would have foreseen a devastated economy.
Now, many of our citizens are unemployed and there is a need for
affordable housing. To receive an offer that provides lands for
recreation, provides housing, and helps stimulate a seriously hindered
economy bringsan exceptional opportunity. Yet, it takes courage to say
that the offer is valid now and will not be available in three years.
- 1 -
Normally, a five year update period for a general plan is a totally
appropriate length. However, these are not normal times and proposals
of this nature are seldom made. The faith that the voters have in you
is not to act in a rote manner, but to behave wisely on behalf of our
citizens and the city.
Residential construction provides jobs for carpenters, plumbers,
electricians, painters, masons, and many other craftsman. Many of
these people are our residents and citizens. The decision to build
125 homes per year over four years brings desperately needed
employment.
As the Vice Chairman of the Parks and Recreation Commission,
I am well aware of the demands on our parks and recreation facilities.
Our community places a significant value on recreation facilities and
programs. With an emphasis on youth and adult soccer there are
virtually year -round field needs. The Condiotti Rogers project will
bring 72 acres for recreational purposes. There is enough room for
7 soccer fields, 4 baseball diamonds, and 20 tennis courts. Also,
there will be room for a lake, picnic area, and horseshoe pits.
While some communities are encountering gang problems, hundreds
of children are involved in our sports programs. Our community
volunteers donate thousands of hours and save thousands of dollars.
The development of the sports complex is an investment for our youth
and our future.
If we don't have the money to fully develop the complex, we
can develop it in phases and use community volunteers. That was how
our first park, Alicia Park, was developed. It can be done!
- 2 -
Being a resident of the community, I know that you Linda, Art,
and Warren have been severely criticized by a vocal minority.
Tonight, I want you to get a strong impression of the silent majority
who are supporting you. Would those of you who are supporting the
Mayor, Art, and Warren on the recreation complex please stand.
On behalf of the many supporters who are present, I want to
thank you for your foresight and courage. Without people like you,
Rohnert Park would still be a town of 5,000 and have one grocery store.
Please let us know how we can help with this exceptional project.
- 3 -
✓Lffw'... �. Y�
3/6192 ,
To: City Council
Rohnert Park, Ca
From'. Homeowner's Group, "G" Section
Rohnert Park
On this date a group of homeowners from the "G" section of Rohnert
Park met to discuss some of the recent policies and action of the city council.
All the homeowners from this section were invited. The members present
desire to present their concerns to the council:
I ) Our city should not be involved in any way in the institution of a wine
display center. We are now informed that private funds will finance this
center. We most certainly hope that such funds do not come from an
individual or firm that might in the future hope to do business with our city.
Certainly, if they do, such funding will be viewed as an attempt to curry
favor or influence the city in future dealings. In any event the use of open
space parklands for this center is viewed as a reprehensible act.
7) We are not against annexation and growth per se. Growth and change
are a part of a healthy existence. We are opposed to such change that (a)
violates the trust of the community and (b) fails to present the reasonable
concern for the health, and ecology of the community that is demonstrated
by adequate long range planning as reflected in a unified general plan_
(a) The general plan as adopted two years ago was done with the public
understanding that this plan would be followed until a new plan was
instigated in the mid 1990's. In the final report of the general plan under
General Principle on page 13 this understanding is in part stated:
If and before the City does any annexation of' lands,
other than that provided for in this General Plan, the
City shall do another thorough General Plan review
and update focusing on the entire planning area and
including required environmental documentation.
Under General Policies on the same page it is in part stated:
The ultimate population of Rohnert Park should total
approximately 40,000 and development will be limited
to areas within the existing City limits.
The current proposal to annex several new areas is a violation of the
trust the community should expect to have in its civic leaders. The proposed
study to amend the current general plan to be paid for by the developer who
will profit by any change does nothing to to foster public acceptance of these
proposals. We expect the city council to honor the current general plan. This
means that a new and complete general plan should be done in the mid
1990's and that no new annexations should be done except as provided. for
in this new plan. We expect our civic leaders to honor the agreements that
have been made with the general public.
(b) This city has problems that should be solved before we aggravate
these problems by increasing our city size. The problem of inadequate
sewer facilities is well documented. The plan to install new low volume
bathroom fixtures in part of our city seems to be a silly ploy of the band -aid
variety designed to cloud the issue rather than a sincere effort to face the
problem and provide sound planning to face this problem.
At least in part of our city we have water quality and water pressure
problems that should be solved before we place further pressure on the
system. The Press Democrat (2/10/92) reported Carl Hauge of the State
Water Department reported that ground water in surrounding counties "is
holding up with no sign that water in deep aquifers is being affected. The
only exception is Rohnert Park, which has been drawing more water than is
being replenished for years; even without a drought."
As a city, let us plan and solve our problems before we aggravate
these problems by taking on additional areas and adding more homes. We
expect Rohnert hark to follow the current general plan, and in the next two
or three years plan and develop a totally new and complete general plan
designed to confront our problems in a realistic manner. New areas should
only be annexed as designed in this new plan.
*1 � � r� 6'
I'd like to make a statement in response to the many inquiries and comments
received concerning the proposed updating of our general plan to accommodate
the Rogers /Condiotti proposal. Many have asked why I support the proposal
and with what conditions. So let me express again some of my thoughts.
I believe that when an opportunity is presented to improve the community
and meet some of it's goals, that we should seize the moment and not lose the
opportunity. I voted to proceed with consideration of the Rogers/ Condiotti
proposal becouse:
1. It presented for the first time, someone willing to provide
land for permanent open space in an amount equal to the area
being proposed for for development. This is unique to Rohnert
Park. It is something that the city cannot mandate, so it
would be foolhardy and poor public policy not to consider it,
and in doing so Perhaps set a precedent for other- parties who
want to annex and develop land presenty outside our city
limits.
2. Mr. Condiotti will provide low and moderate income single
family homes. Such homes are desperately needed, if you don't
believe me, _lust ask the many trying to become first time home
buyers. I have long been committed to trying to provide such
type housing. I see absolutely nothing wrong in trying to
provide such housing as long as it is properly planned. In
fact, :;it is our responsibility to do so.
Setting the proposal for consideration does not mean that it should expect,
nor will it receive "Carte Blanc" approval.
During the review and approval process, I intend to make certain that when
finally approved that the proposed development is done in a very satisfactory
manner and that the new residential neighborhood will be a good and welcome
addition to our community, I intend to assure that=
1. The development does not negatively impact our local school
system and particularly the "M" section elementary school.
2. The traffic from the development does not negatively impact
other neighborhoods. Given the fine advanced planning that has
gone into the development of Camino Colegio, Bodway Parkway,
and Valley Mouse Road, the anticipated new traffic should not
pose any major problems to existing neighborhoods.
With concern to the land (30 acres) to be given to the city on the west
side of U.S. 101, 1 reserve judgment as to what uses if any, should be done
with it. The fact that the city will have it given to us free and clear of
any liens is a significant factor. Use of the land can be considered later,
but whatever its ultimate use may be, the final decision should result in
significant open space. However, the decision as to the ultimate use of the
land will rest with the city and not Rogers and Condiotti.
The proposed area to be annexed for development will also be required to
pay the city an annexation fee to mitigate any impacts it creates and to
contribute to the existing city facilities. The use of the approximately 45
million dollars from this source will be decided by the city and not the
developers. The fee is required by city policy and the city alone determines
the use of the moneys.
I sincerely feel that as a public official I made an intelligent and proper
decision to consider the proposal and hope that in time those who now
disagree will change their minds.
r�
*;19 2 1992
CITY Ok 01V RT PARIS
Dear , Febr_-uary 28, 1992
My wife and I moved to kohner_t Perk about three years ago,
after buying our house on Holly Avenue five years before using it
as a weekend retreat from our work in San Francisco. We loved
our city and the sign which welcomed all to the "Friendly City ".
It: was a friendly city, moreso, a happy city. 'there was plenty
room for growth and we felt welcomed.
My wife, Marjorie, worked hard in getting the Price Club to
our city because she knew it would provide jobs for our youth and
would broaden our tax base. One of her happiest nights was the
opening night of the Price Club, and even though she had to go in
a wheel chair, she was happy because now we wouldn't have to go
to Santa Rosa to the other.- discount store.
Marjorie bragged to her brothers, sisters, and friends that
we were going to get a wine institute in Rohnert Park. Although,
in the wine country, nobody except the friendly city of Rohnert
Park was innovative enough to know we needed a place to show off
all the Counties wines. She didn't think anyone could be stupid
enough to find fault with the wine institute. Marjorie died in
our home on Holly Avenue on February 2nd not knowing that there
some angry homeowners in our area about to again raise their angry
ugly heads.
My wife and I know the meaning; of no growth and open space by
looking at a front yard across from our kitchn window which is
filled with weeds and often used as a parking lot. I. guess it
fulfils the meaning of open space and no growth.
On behalf of my wife and myself, 1 want you to annex new
areas and change the cl t cs boundaries and we, also, wish you to
convert an area designated as a perm anCnt open space near fled.
Lion Inn to commercial use for the purpose of Locat=ing a wine
exhibit center.
Lastly, I don't understand how a one sided politically
active group can form a tax free homeowner's association. Certain-
ly, Ii '� with the of my happy wife )could not join these angry
people in our Friendly City".
s.:ipcere I _y
d f
Edward J. O'Brien
1525 holly Avenue
Rohnerrt Park, Ca. 94928
cc: All City Council
Mr. Tim Smith
Mr. Mike McCoy
Mr. Hugh Codding
;� IIAAA�
CITY OF ROHNERT PARK
INTER - OFFICE MEMORANDUM
TO: City Council FROM: Council Committee Members
Hollingsworth and Eck
by Joseph D. Netterwo*
RE: City of Cotati /Redwood Drive DATE: March 10, 1992 U
After considerable discussion with the City of Cotati it was
concluded that it would be very difficult to calculate traffic
impacts at Highway 116 and Redwood Drive because of development
occurring in both Cotati and Rohnert Park.
In the interest of cooperation, the Council Committee proposes to
advance Rohnert Park's proposed improvements on Redwood Drive at
Copeland Creek to include roadway approach and bridge widening.
Rohnert Park would administer a project to include Rohnert Park's
improvements as mentioned and the City of Cotati's improvements
for the overlay of Redwood Drive northerly from Copeland Creek to
beyond the Laguna de Santa Rosa including the widening of the
bridge at the Laguna de Santa Rosa and Cotati's half of the
bridge at Copeland Creek. The City of Cotati would pay its share
of the cost for those improvements. The City of Rohnert Park
would not charge Cotati for administration costs.
Rohnert Park's share for its improvements is estimated at
$150,000.
WAPTER 2:
'All Meetings Td. • n
The Brown Act refers to several different
-ids of meetings —but never defines them.
iat has been left to the courts and the Attor-
y General.
"Meeting" turns out to be much broader
an an official gathering. It covers "infor-
al," "study," "discussion," "informational,"
act- finding," and "pre- council" gatherings.'
fact, a meeting is a gathering of a quorum,
> matter how informal, where business is
scussed or transacted.
A meeting can include telephone calls or
tters in which the communications are part
the deliberative or information gathering
°ocess. If a quorum of a board ultimately
irticipates in a deliberation, a meeting has
-curred.
On the other hand, a meeting held by
)reference telephone call might be justified
rider limited circumstances, if the public can
illy participate in the meeting process. But if
sere was not public notice, and if the public
id not have the opportunity to participate,
ich a meeting would violate the Act.
The Brown Act now specifically allows a
,gislative body to use video teleconferencing
receive public comment or testimony, or to
eliberate. Agendas must be posted and regu-
itions adopted to protect the rights of the
ublic. The provision, added in 1988, expires
1 January, 1994 if not extended.'
ierial meetings
Among the most frequent controversies
ever the Brown Act are those involving what
ire called serial, rotating or seriatim meet -
ngs. Such meetings at any one time involve
>nly a portion of a legislative body, but even -
ually involve a quorum.
The serial meeting may be a daisy-chain,
n which member A contacts member B, B
'ontacts C, C contacts D and so on, until a
Iuorum has been involved. It may be a hub -
tnd -spoke in which, for example, a city attor-
ney (the hub) telephones members of a rede-
�elopment agency (the spokes) one by one for
i decision on a proposed action,' or in which
chief executive briefs board members prior
to a formal meeting, and in the process reveals
3
CILAYTER 2
information about their respective views. All
violate the Act.
An elected official has the right, if not the
duty, to meet with constituents to address
their grievances. That official also has the
right to confer with a colleague about public
business. But if and when a quorum has inter-
acted directly or indirectly through this proc-
ess, the Brown Act has been violated.' In one
case, a violation occurred when a quorum of a
city council directed staff by letter on an
eminent domain action e
There may be nothing improper or un-
ethical about the substance of a serial meet-
ing. The problem is the process itself, which
deprives the public of an opportunity for a
meaningful contribution to the decision -
making process.
The phone call was from a lobbyist.
"Say, I need your vote for that project in
the South Area. How about it ?"
"Well, I dunno," replied Board Mem-
ber Adams. "That's kind of a sticky propo-
sition. You sure you need my vote ?"
"Well, I've got Baker and Charles
lined up and another vote leaning. With
you I'd be over the top..."
Moments later, the phone rang again.
"Hey, I've been hearing some rumbles on
that South Area project," said the news-
paper reporter. "I'm counting noses. How
are you voting on it ?"
Neither the lobbyist nor the reporter has
done anything wrong. But the elected official
may have been pushed to the edge of a Brown
Act violation —if not over —by hearing about
other votes. The prudent course is to try to stop
lobbyists, staff and news media from revealing
the votes and positions of other board members.
The Brown Act does not prohibit elected
or appointed officials from attending social
"Ail meetings of the
legislative body of a
local agency shall
be open and public,
and a{I persons shall
be permitted to
attend any meeting
of the legislative
body of a local
agency, except
os other vise
provided ..
CHAPTER 2
Meetings
I
e test is not only
vhether a quorum is
evolved but olso
vhether the public's
>usiness is dis-
ussed...
4
events together. Nothing in the law prevents a
quorum of elected officials from going to the
same football game, or to a party, or a wedding
or funeral. They can attend a farewell party
together, or a reception for a new executive.
The test is not only whether a quorum is
involved but also whether the public's busi-
ness is discussed; if public business is scrupu-
lously avoided, there is no violation of the
Brown Act.
IZ�iT =%
As with social events, the test in these cases
is whether the public's business is discussed.
Attendance by a quorum at general confer-
ences covering broad issues —such as annual
conventions —does not fall under the Brown
Act. But a quorum's attendance at a more
limited gathering which focuses on a more
specific local issue probably does.
Retreats fall somewhere in between busi-
ness and social meetings. If their focus is on
long -range planning, discussion of critical
issues and the like, they come under the Brown
Act.
If their focus is team building and group
dynamics, the issue is less clear. The League of
California Cities, for example, has long held
that such retreats are exempt so long as no city
issues or city business are discussed. By con-
trast, attorneys for the California Newspaper
Publishers Association commonly advise re-
porters that the relationships of elected
members with each other and their staffs are
matters of public business and that such
meetings are subject to the Brown Act.
The Attorney General believes a retreat
attended by officials from a single jurisdiction
probably falls under the Act, even if discussion
is limited to issues of procedures, morale or
other concerns. '
Some local agencies, such as general law cities,
must hold all theirmeetings within their boundaries.
But all local agencies may find it controversial to
hold retreats out of town.. Even if an agency makes
sure to observe the Brown Act by giving notice of the
meeting, it may be criticized for holding a meeting
inaccessible to the media and the public because of its
cost or remoteness.
Regular o a
It is often a temptation to mix business
with pleasure —for example, by holding 21 post
meeting luncheon. But informal gatherings at
which business is discussed are subject to the
Brown Act.
For example, informal luncheon gather-
ings at which business is discussed or trans-
acted are meetings under the Brown Act. s A
luncheon meeting in a crowded dining room
violates the Act if the public does not have an
adequate opportunity to hear or participate in
the deliberations of board members.
Similarly, informal get - togethers by a
quorum of a body with representatives of
other organizations, to discuss schools, air-
port problems or other civic matters, are cov-
ered by the Act.
A quorum of a legislative body can attend
a meeting of the Kiwanis or Rotary Club sim-
ply as prominent citizens. But if they plan to
discuss public business under their jurisdic-
tion, they should give notice under the Brown
Act and the public should be permitted to
attend.
Thursday, 11:30 a.m. As they did
every week, the Board of Directors of Dry
Gulch Irrigation District trooped into Pop's
Donut Shoppe for an hour of talk and
fellowship. They sat at the corner window
fronting on Main and Broadway, to show
they had nothing to hide.
Whenever he could, the managing
editor of the weekly newspaper down the
street hurried over to join the Board...
A meeting like this would not violate the
Brown Act if board members scrupulously
avoided talking about irrigation district is-
sues. But it is the kind of meeting that should
be avoided. The public is unlikely to believe the
board could meet regularly without discussing
public business. A newspaper executive's pres-
ence in no way lessens the potential for a
Brown Act violation.
1. 42 Ops.Ca.l.Atty.Gen. 61 (1963)
2. 61 Ops.Cal.Atty.Gen.. 220 (1978)
3. Government Code Section 54953 (b)
4. Stockton Newspaper Inc. v. Iedevelopinent Agency (1985)
171 Cal.App. 3d 95
5. 6301s.Cal.Atty.Gen. 820 (1980); 65 Ops.CaLAuY.Gen.
63 (1982)
6. Common Cause v. Stirling, 1981 and 1983
7. "Open ;Meeting Lazes, " California ,Attorney General. 1989,
p. 18
8. 43 Ops. Cat.Alh'. Gen. 36 (1904)