1991/12/10 City Council MinutesRohnert Park City Council Minutes
December 10, 1991
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.
Mayor Spiro advised that a closed session commenced this
evening at 6:00 p.m. to discuss litigation and personnel
matters. She said no action was taken and there was nothing
to report at this time.
CALL TO ORDER
Mayor Spiro called the regular session to order at
approximately 6:38 p.m. and led the pledge of allegiance.
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, and Assistant to the City
Manager Leivo.
Approval of Minutes
Upon motion by Councilmember Hopkins, seconded by
Councilmember Eck, with Councilmember Hollingsworth abstaining
on minutes of November 26th and Councilmember Reilly
abstaining on minutes of December 3rd, the minutes of
November 26, 1991 and December 3, 1991 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
$649,996.29 were approved. CDA bills presented per the
attached list in the amount of $849,988.14 were approved.
Non - agendaed Mayor Spiro queried if any Councilmember had any non - agendaed
Matters items to add to the agenda.
Councilman Eck said he had two miscellaneous items to add
under Matters from Council.
Councilman Reilly said he had one miscellaneous item to add
under Matters from Council.
City Manager Netter said he had two items to add under City
Manager's Report and two under Matters for Council.
Rohnert Park City Council Minutes (2) December 10, 1991
Unscheduled Public Mayor Spiro stated that in compliance 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.
James M. Clark James M. Clark, 80 Walnut Circle, referenced item scheduled on
tonight's agenda regarding letter from Rohnert Park Sister
Cities Committee and said he did not think City funds should
be used to send a delegatioRr from Rohnert Park to Hashimoto,
Japan in May of 1992.
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 Namo.
Councilman Hopkins requested Resolution No. 91 -239 be removed
from the Consent Calendar. Council concurred.
Acknowledging the City Manager /Clerk's report on the posting
of the agenda.
Resolution N0.91 -240 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING INVESTMENTS IN EXCESS OF FIVE YEARS (PURSUANT TO
GOVEfUZN NT CODE SECTION 53601)
Resolution No.91 -241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
CALLING FOR RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR
1991 -92 AND THEREAF'T'ER FOR THE STATE DEPARTNENT OF ALCOHOL
BEVERAGE CONTROL AND URGING THE GOVERNOR AND STATE LEGISLATURE
TO APPROVE FUNDING FOR THE ABC IN ORDER TO CONTINUE ABC
ENFORCE ME AT PRESENT LEVELS
Resolution No.91 -242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DECLARING PROJECT RID RIBBON "TIE ONE ON FOR SAFETY ", NOVENBER
20, 1991 THROUGH JANUARY 1, 1992
Resolution No.91 -243 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
SUPPORTING SB 593 (ROBERTI) AUTHORIZING A STATE GENERAL
OBLIGATION BOND ISSUE FOR THE JUNE 2, 1992 STATE BALLOT TO
PROVIDE FUNDING FOR A VARIETY OF AFFORDABLE HOUSING PROGRANEi
Resolution No.91 -244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REJECTING CLAIM OF NARIO LUNA
Upon motion by Councilmember Hollingsworth, seconded by
Councilmember Reilly, and unanimously approved, with the
exception of Resolution No. 91 -239, the Consent Calendar as
outlined on the meeting's agenda was approved.
Rohnert Park City Council Minutes (3) December 10, 1991
Exercise Room at New Councilman Hopkins referenced the resolution for consideration
Public Safety Bldg. regarding calling for bids for exercise equipment for exercise
room at new Public Safety Building and questioned if all City
employees would have access to the equipment and use of the
exercise room. City Manager Netter responded that the plan
was to restrict its use to Public Safety Officers because of
the security nature of the building, the convenience and
accessible location to the officers' quarters and bathrooms as
well as the training regiment necessary for the officers and
other reasons that might mZke it inappropriate for use by
other employees. He said the room is small, only 24 ft. x 20
ft. and use of the Sports Ce&.ter facility is more appropriate
and should be sufficient for other employees. Councilman
Hopkins said he thought any provision of such City facilities
should be open to all enployees and that the promotion of any
type of private club should not be encouraged for any
department.
Discussion followed during which comments were made regarding
the possible need for security in the Public Safety
Department's use of the exercise room and that Council should
not be hasty with conclusions regarding this matter until
after reviewing it more thoroughly with Chief Dennett.
A motion was made by Councilmen Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to defer this
matter until after further review with the Department of
Public Safety.
Resolution No.91 -245 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN PETALUMA
VALLEY HOSPITAL AND THE CITY OF ROHNERT PARK PERTAINING TO THE
USE OF CERTAIN LAND OWNED BY THE CITY OF ROHNERT PARK (for use
of a mobile van to provide magnetic resonance imaging (NRI)
services to Rohnert Park)
City Manager Netter referenced map on display and explained
the resolution as outlined in the Council Nbeting Nam. He
said representatives from the Petaluma Valley Hospital, Daymon
Doss and Gail NbAlpin, were present to respond to possible
Council questions.
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, reading of Resolution No. 91 -245 was waived and
said resolution was adopted by the following vote:
AYES: (4) Councilmembers Eck, Hollingsworth, Hopkins
and Mayor Spiro
NOES: (0) None
ABSTAIN: (1) Councilman Reilly
Councilman Reilly said it was necessary to abstain from this
vote as explained at previous meetings because of a personal
conflict involving the hospital and concerns he has regarding
extended care provisions of the hospital.
Rohnert Park City Council Minutes (4) December 10, 1991
Backyard Conposting City Manager Netter said it would be necessary to defer the
Program resolution scheduled for consideration at this time regarding
the Backyard Composting Program to the January 14, 1992
Council meeting. Staff was informed late Friday that program
details would not be ready for Council's review until
early January.
Parks & Recreation Mayor Spiro presented an engraved wall clock to Jay Potter as
Commission matter: a token of appreciation for his three years of service on the
Jay Potter Parks and Recreation Commission. She said W. Potter had been
presentation her appointment to the Commission and it gave her great
pleasure to present the gift to him. Jay Potter accepted the
gift and said he appreciated the experience and opportunity of
being on the Parks and Recreation Commission. He said
it was necessary to withdraw his participation due to
other obligations.
Commission /Committee/ City Nhnager Netter said copies were provided to Council of
Board appointments: new and previous Fact Sheets regarding applications to various
Commissions, Committees and Boards with two year terms
expiring December 31st as listed on tonight's agenda. Copies
of the Press Releases regarding these openings were also
distributed to Council.
1)Parks & Recreation A ration was made by Councilman. Hollingsworth, seconded by
Commission: Councilman Hopkins, and unanimously approved, to re- appoint
James Stevens to the Parks and Recreation Commission.
Councilman Reilly said he was not yet ready to make his
appointment nomination to the Parks and Recreation Commission
and would do so at the next Council meeting on January 14.
Mayor Spiro requested advertisement for her appointment to the
Parks and Recreation Commission with vacancy resulting from
resignation of Jay Potter.
2) Planning A rmtion was made by Councilman Hollingsworth, seconded by
Commission: Councilman Hopkins, and unanimously approved, to re- appoint
John Hamilton to the Planning Commission.
3) Nbbile Home Rent City Nhnager Netter explained options regarding expiring terms
Appeals Board: of the Rent Appeals Board Members which included holding over
current members until January 14 City Council meeting, or if
one appointment is made, the Rent Appeals Board could function
with three members. City Attorney Flitner confirmed that
Council did not need to be overly concerned about holding over
current Rent Appeals Board Members if there were no
appropriate applicants. He responded to Council inquiry that
he would have to look into stipulations regarding appointment
of former Board Nbmbers after a certain length of time
and /or possibilities of temporary appointments of former
Rohnert Park City Council Minutes (5) December 10, 1991
Board Members.
Councilman Hopkins said he had a lengthy discussion with
applicant Glenn Foley and that he felt very good about his
backqround and qualifications to be on the Rent Appeals Board.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved, to appoint
Glenn Foley to the Nbbile Home Rent Appeals Board.
Council agreed that further advertising should be done for the
remaining Rent Appeals Board openings, along with Mayor
Spiro's above- referenced appointment for the opening on the
Parks and Recreation Commission. Council also agreed that
requests should be made to the current Rent Appeals Board
Nbmbers with terms expiring on December 31st to hold over
until the January 14, 1992 City Council meeting.
Sister Cities Committee:
Delegation to Eck referenced copies provided to Council of letter dated
Hashimoto, Japan in November 22, 1991 from Rohnert Park Sister Cities
May 1992 Committee and, in response to previous concerns expressed
earlier tonight by Mr. Clark, said funds were put into the
last budget cycle signifying the City's portion to contribute
to the plans for the trip to Hashimoto, Japan and that the
Sister Cities Committee would be responsible for the remaining
costs. He said tonight's letter from the Sister Cities
Committee was an informative letter regarding tentative
schedules, costs, and whether or not a Councilmember will be
able to go with the delegation.
Discussion followed confirming the expensive costs of Japan
travel, the importance of participation in the Sister Cities
program, and especially the importance of reciprocative
attention to the invitations from Hashimoto City to its
special program in May regarding Congress. Councilman
Hollingsworth pointed out that when he was able to attend this
occasion in Hashimoto City several years ago, it was very
important to them and to their relationship with us.
Discussion continued during which Mayor Spiro confirmed her
interest to go with the delegation to Hashimoto City in May
and offered to cover her own expenses to which Council
concurred that when the Mayor or any Councilmember is acting
in official capacity to represent the City, expenses should be
paid by the City.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Eck, and unanimously approved, authorizing the
Mayor, or appointed representative in the event of conflicts,
to represent the City of Rohnert Park on behalf of the Council
and go with the delegation from the Rohnert Park Sister Cities
Committee to Hashimoto, Japan in May 1992.
Rohnert Park City Council Minutes (6) December 10, 1991
Single Audit Report City Manager Netter said Council received the City of Rohnert
for 1991 by Park's 1991 Single Audit Report completed by external auditors
Deloitte & Touche Deloitte and Touche which was reviewed in the Council M=eting
Memo. He responded to various Council questions and said this
report was part of the process reviewed and approved at the
previous Council meeting but tonight's report was in the
printing process and, therefore, not available for review at
the last meeting.
A motion was made by Councilman Hopkins, seconded by
Councilman Reilly, and unanimously approved, to accept the
1991 Single Audit Report as submitted.
Resolution No.91 -246 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEE'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK
City Manager Netter explained the resolution as outlined in
the Council Meeting Memo.
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved, reading of Resolution
No. 91 -246 was waived and said resolution was adopted.
Ordinance No. 551 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AN ANENDMM TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF ROHNERT PARK AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
City Manager Netter explained the ordinance for introduction
relating to the above Resolution No. 246 as reviewed in the
Counc i 1 Meeting Mbmo .
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved, reading of Ordinance
No. 551 was waived and said ordinance was introduced.
Card Rooms City Manager Netter referenced copies provided to Council of
background information relating to consideration of Card Rooms
in Rohnert Park as outlined in the Council Meeting Memo and
said the item has been brought back for review at this time as
requested by Council at the June 25th meeting to bring it back
later in the year for possible consideration as a ballot
measure on the June 1992 Primary Election or the November 1992
General Election. He said the approximate costs for a ballot
measure would be $30,000 for the June 1992 Primary Election
and $14,000 to $16,000 for the November 1992 General Election.
Rohnert Park City Council Minutes (7) December 10, 1991
City Attorney Flitner referenced copies provided to Council of
of his memorandum dated December 6, 1991 regarding this matter
and shared contents therein. He responded to various Council
questions and confirmed the City's right to accept donations
to defray election costs for placing a matter on the ballot,
if, in fact, Council chooses to use its discretion to refer
the matter to the voters because this type of facility is
governed by the "Gaming Regulation Act" and mast be approved
by local voters. Mr. Flitner confirmed that a ballot
measure would only deal with the question of allowing card
rooms and not the specifics within an ordinance that would be
required afterwards such as Locations allowed for card rooms.
Public Comments Mayor Spiro said public comments could be heard at this time
regarding this matter.
Robert Sissa Robert Sissa, 172 Fescue Way, said he was the applicant for a
card room permit referenced at the previous June 25th Council
meeting. He said because of the cost of the ballot measure he
would prefer consideration to the November General Election as
well as an opportunity to meet with City Attorney Flitner and
his attorney to review considerations for a proposed card room
ordinance and wording content before he can know if he is
interested in further promotion of a ballot measure and the
costs involved to himself personally or to others that might
be interested in helping with the costs.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Eck, and unanimously approved, to defer this matter
until after Robert Sissa has an opportunity to review it with
City Attorney and his attorney.
Discussion followed regarding card room locations with
conclusion that it would not be necessary to give
consideration to location possibilities until after the
question regarding the ballot measure issue is settled.
Don McDonald Don McDonald, resident of Windsor and former owner of Winner
Circle on Santa Rosa Avenue in Santa Rosa, said he has been in
gaming since 1954 and agreed with putting this matter on the
ballot. He said it would be better suited on the November
General Election ballot because of the publicity and that
consideration should be given to the best site location
possible to ensure a high quality gaming facility and
entertainment center in a controlled atmosphere, rather than
restricting the location to areas that might develop into a
backroom effect.
Further discussion followed during which response was given to
above suggestion that the intent of Council would only be
toward a high quality facility. Suggestion was also made by
Mayor Spiro that Council should give consideration to
reviewing card room facilities in Santa Rosa.
Rohnert Park City Council Minutes (8) December 10, 1991
Annexation request City Manager Netter referenced copies provided to Council of
at 4730 Snyder Lane letter dated December 4, 1991 from Keith Hallock and shared
contents therein as reviewed in the Council Meeting Memo
requesting annexation of 6.89 acres located at 4730 Snyder
Lane for the development of an affordable housing condominium
project.
Discussion followed during which Council comments were made
that all annexation requests should be referred to the General
Plan process with response letters to those requesting
annexation explaining the process and that all such requests
are subject to the General &lan review. City Manager Netter
responded to Council comments that there is currently
no "acre for acre" policy even though it has been encouraged.
The current City policy does include the $20,000 per acre
annexation fee.
A motion was made by Councilman Hopkins to notify applicants
that their request is in the planning process and notify them
of some of the conditions of annexation which are all subject
to change through results of the General Plan review process.
Nbtion died for lack of a second.
Further discussion followed regarding consideration of General
Plan amendment to establish the acre for acre policy,
possibility of placing it on the next agenda for review and
Council action, and concluding confirmation by Councilman Eck
that it would be included as part of the report by the Council
Committee, comprised of himself and Councilman Hollingsworth,
at the next Council meeting. Staff indicated a letter would
be sent to Mr. Hallock informing him of the Council's decision
to review the General Plan update process.
Transportation matters: 1) Northwest Pacific Railroad right -of -way /Cost distribution
mthods - City Manager Netter referenced copies provided to
Council of letter dated December 4, 1991 from David Knight,
Transit Systems Manager of County of Sonoma Department of
Public Works regarding Northwest Pacific Railroad right -of -way
funding and local match funding formula and shared contents
therein as reviewed in the Council Meeting Nbmo. W. Netter
responded to various Council questions regarding the match
funding formula and said staff recommends approval of the
formula as reviewed.
A motion was made by Councilman Eck, seconded by Councilman
Hollingsworth, and unanimously approved, to respond by letter
to Mr. Knight indicating that Council approves of the NWP
local match funding formula as recommended by staff.
2) lkunet Transit Needs Policy - City Manager Netter referenced
copies provided to Council of letter dated December 3, 1991
from 1st District Supervisor Michael J. Cale and shared
contents therein expressing support for maintaining existing
Rohnert Park City Council Minutes (9) December 10, 1991
unmet transit needs policy rather than MTC's proposed
revisions which is the direction previously supported by City
Council. This item was provided for informational purposes.
3) TRIP Reduction Ordinance - City Manager Netter referenced
copies provided to Council of a staff report outlining
proposed TRIP Reduction Ordinance Minimum Standards worked out
by City and County staff members who make up the Sonoma
County Transportation and shared contents therein as reviewed
in the Council feting Nbmo. W. Netter said this item was
for Council's information at this time and that the City may
want to hold its own public work sessions regarding this
matter with local interested businesses sometime in February.
Discussion followed during which the pros and cons of job
trading recommendations were reviewed as relating to the TRIP
Reduction Ordinance, as well as comments made regarding
multiple other complexities that are causing people to
rave out of the state. Acknowledgment was made that this
was another exanple of State mandates without funding and
that this Council has written many letters of opposition
regarding same. Comments were made that this Council should
try to avoid the punitive approach being considered by Santa
Rosa, that the Chamber of Commerce should be contacted
regarding the interest of local businesses in having work
sessions to receive input for the formation of a TRIP
Reduction Ordinance, and that this issue should not refer only
to private enterprise but government offices as well. City
Nbnager Netter indicated that the final regulations have not
been received and that staff will keep a close eye on
Santa Rosa's process and draft TRIP Reduction Ordinance
for development of Rohnert Park's TRIP Reduction Ordinance.
Final comment recommnded consideration be given to a Joint
Nbrin Transit Authority if this Council goes on record to
approve funding.
Comnunications Connunications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
1) Councilman Eck referenced item #1 on the Comumications
list and said a very nice letter should be sent back to Santa
Claus regarding his inability to come to the December Council
meeting due to scheduling conflicts, letting him know that his
traditional visits to Council meetings are thoroughly enjoyed
and that he was missed very much this year. Council agreed.
2) Councilman Eck referenced item #14 on the Conininications
list from National League of Cities regarding campaign to
reorder federal budget priorities and redefine national
security and recommended a letter of support be written over
the Mayor's signature. Council agreed.
Rohnert Park City Council Minutes (10) December 10, 1991
3 ) Councilman. Eck referenced item #16 on the Communications
list from Assemblyman Zavier Becerra regarding AB1707
involving efforts to prevent recycling "scavenging" and said
this approach seemed extreme. Dr. Eck said a brief letter
should be written stating that this seems very punitive, who
would begin to prosecute such incidents, and that this Council
agrees with the concept but is concerned about the excessive
penalty and enforcement issues. Council agreed.
4) Councilman Eck referenced item #18 on the Communications
list from City of West Hollywood and said he would like to be
officially on record that he-was not at the referenced meeting
and, therefore, could not have voted on the workplace
discrimination issue as reviewed in the letter.
5) City Manager Netter referenced item #7 on the
Communications list from Rohnert Park Peace Officers
Association regarding donation request for the annual
Christmas Holiday gift program and said Council authorized
$500 for last year's program.
Discussion followed during which Councilman Hollingsworth said
he helped with the gift wrapping for this program that
involved the efforts of many volunteers and said he would have
no problem with doubling last year's contribution because
things are very tight all over this year and this organization
is out of funds.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to contribute an
additional $500, if needed, to the Rohnert Park Peace Officers
Association for the 1991 Christmas Holiday gift program. Any
unused funds would be returned to the City.
6) City Manager Netter referenced item #13 on the
Con nnications list from ICNA Retirement Corporation regarding
initiatives toward greater tax deferrals urging positive
action toward increasing the maximum contribution in the 457
plan. W. Netter said many public employees participate in
this program as their alternate plan and recommended a
responding letter of support from Council.
A motion was made by Councilman Hollingsworth, seconded
by Councilman Hopkins, and unanimously approved, that a letter
of response be written to ICMA Retirement Corporation
supporting initiatives toward greater tax deferrals as
recommmended by staff.
7) Mayor Spiro referenced items #10 and #11 on the
Communications list, both from City of Sonoma, and said even
though the dates were passed, recommended showing support from
this Council regarding the proposed programs dealing with
Rohnert Park City Council Minutes (11) December 10, 1991
gangs and gang - related items on school campuses in California,
and support of HR 413 and HR 1067 which are two bills
attempting to address the needs for affordable housing
throughout this country. City Manager Netter indicated that
these two bills have passed.
8) Mayor Spiro referenced item #15 on the Comrunications list
from the U. S. Conferences of Mayors regarding Legislation and
Presidential Candidates and said, if at all possible, she
would like to be able to attend the Winter Meeting for
Presidential Candidates and Mayors in Forum, January 22, 1992.
Council concurred.
City Manager's Report:1) National League of Cities efforts to stop unfunded Federal
mandates - City Manager Netter referenced copies provided to
Council of National League of Cities Newsletter indicating
opposition to the Federal Government mandating programs to
local governments without providing funding for such programs
and shared contents as reviewed in the Council Meeting Memo.
He said staff recommends authorization of a letter over the
Mayor's signature indicating Council's support in eliminating
unnecessary mandates costing tax dollars of local governments
and to stop any future unfunded federal mandates. Council
agreed this support could be included in the above- referenced
response to National League of Cities, item #14 on the
ComTunications list.
2) Mobile Home Rent Appeals Board Petition No. 91- 01 /Decision-
City Manager Netter referenced copies provided to Council of
Nbbile Home Rent Appeals Board Petition No. 91 -01 decision of
appeal from the Hearing Examiner, Mark Dennis, on the Rancho
Verde Nbbile Home Park Petition and shared contents therein as
reviewed in the Council Meeting Memo. He said the Rent
Appeals Board reviewed the decision increasing allowable
monthly rent increase to $80.03 from $79.59 at its last
meeting and deferred the matter to its December 19th, 1991
meeting in order to allow ample time for Board Members to
review historical background. Therefore, the revised decision
has not been approved by the Rent Appeals Board as of this
date and is being provided to Council for its information.
3) Redwood Drive /City of Cotati /Update - City Manager Netter
reviewed details of recent meeting with Cotati City Manager
Bonnie Long regarding City of Cotati's request for the
assistance of the City of Rohnert Park for traffic signal
improvements at Highway 116 and Redwood Drive and the
improvements of the bridge at Copeland Creek. Previous
consideration had been given to Rohnert Park covering its half
of the referenced bridge and possibly some contribution
towards the traffic signal on Highway 116 and Redwood Drive
based on traffic impacts.
Rohnert Park City Council Minutes (12) December 10, 1991
City Manager Netter summarized the discussion with Cotati on
Rohnert Park handling the engineering and project
administration for the bridge and partial road work and
Cotati's bridge at the Laguna with Cotati reimbursing Rohnert
Park for its share. New information has been received
regarding the proposed four lane traffic signal at Redwood
Drive crossing Highway 116 in that a contribution in the
amount of $10,000 has been received from Developer Ken Porter
toward its installation costs, therefore, further
considerations toward costs will be for a three -leg item. The
Factory Outlet site has had some environmental concerns that
seem to be resolved so it is-one step closer to being a usable
site. Council Committee comprised of Councilmen Eck and
Hollingsworth will be reviewing this matter further and there
should have more conclusive information to report at the Joint
Meeting with the City of Cotati scheduled in January.
4) Sonoma County Planning Dept. - Amend Sonoma County General
Plan to Extend the Urban Boundaries of the City of Santa Rosa -
City Manager Netter referenced map on display and said copies
were provided to Council of his letter of response with
attachments dated December 6, 1991 to the Sonoma County
Planning Dept. He shared contents therein as reviewed in the
Council Meeting Memo addressing concerns of the City of
Rohnert Park relating to this item. He said it was Council's
decision several years ago to allow Santa Rosa to proceed
south in order to clean up the entrance of its city.
Discussion followed during which recommendation was made that
a straight line should be drawn across lower part of the
referenced yellow section of the map on display, reference to
the Knox Nesbin Act and that this plan would not be acceptable
to it, as well as the improbability of LAFCO approval.
Comments were made regarding the need for Rohnert Park to be
very clear regarding its recommended borders and that open
space between the cities should be protected.
A motion was made by Councilman Hopkins, seconded by
Councilman Reilly, that Santa Rosa urban expansion limits not
extend south of the Todd Road boundary, and approved by the
following vote:
AYES: (3) Councilmembers Hopkins, Reilly and
Mayor Spiro
NOES: (2) Councilmembers Eck and Hollingsworth
ABSENT: (0) None
Councilman. Hollingsworth said he voted no on this item because
other things needed to be included prior to voting.
Further discussion followed relating to costs for County and
cities, benefits to the City of Santa Rosa, and the need for a
joint meeting or Council Committee meeting with Santa Rosa to
discuss intent.
Rohnert Park City Council Minutes (13) December 10, 1991
A motion was made by Councilman Eck, seconded by Councilman
Hollingsworth, and unanimously approved, for the Mayor to
designate a Council Committee to further review this matter
with the City of Santa Rosa.
Council agreed to Mayor Spiro's designation of Councilman
Hollingsworth or Councilman. Eck, depending on availability,
with the Mayor to meet with Santa Rosa on the Urban Expansion
of Santa Rosa.
5) SW Blvd. Shopping Centar Update - City Manager Netter
reference copies provided to Council of two letters dated
November 27 and 30, 1991 from Robert Z. Paulson encouraging
considerations for the Post Office to be moved from Raley
Center to the former Crown Market site located in the
Southwest Boulevard Shopping Center. Mr. Netter said staff
has had further conversation with the owner of the former
Crown Market who has advised that a letter is in the process
of being formulated to Congressman Frank Riggs office
regarding progress of moving the Postal Office to this
location.
Councilman Eck brought attention to the numerous signs placed
on the fence at the corner of the Southwest Boulevard Shopping
Center advertising American Fencing Company and said the
idea was not to have the fence stand out any more than
necessary. City Manager Netter said staff has been working
with that section and would tend to the matter.
6) Santa Rosa Sub - regional System - Bond Sale /Timeline - City
Manager Netter said the Santa Rosa Sub - regional System is in
the process of selling its first bond issue for $30 million of
which Rohnert Park's share is $6 to $7 million. The Bond
proceeds would be used for design and site acquisition for
land necessary for holding ponds. These bonds are being sold
to implement the West County Alternative that was selected by
the City of Santa Rosa. The timeline for the bond sale is
March 1st, 1992. The City of Santa Rosa recommended its rate
increase to begin in January. This is a first phase of a very
expensive project with the next phase being estimated at $100
million which would include funds for construction of
facilities and pipelines. The first program is started mainly
for acquisition and design.
7) City Manager Netter said the Recreation Department
Volunteer Luncheon will be held Thurdsay, January 16, 1992 and
that information regarding time and place will be forthcoming.
8) Tobacco Grant - City Manager Netter said a public meeting
has been scheduled regarding the Tobacco Grant in the Council
Chambers from 8:00 a.m. to 10:00 a.m. on January 15, 1992 to
discuss restraints of smoking in local businesses.
Hohnert Park City Council Minutes (14) December 10, 1991
9) Golf Course rates - City Manager Netter referenced letter
just received from Jack Anderson, Manager, Mountain Shadows
Resort, informing the City of increased rates. W. Netter
said the percentage increase amounted to 4.05% which exceeded
agreement with the Golf Course and that staff has called
W. Anderson regarding this oversight and the percentage will
be corrected to a 2.325° increase.
Discussion followed with confirmation that the number of
players on the Golf Course increased for the months of October
and November over last year which results in increased
revenues for the City.
City Attorney's Report:1) Legislative Counsel's Opinion on Appropriate DUI Billing -
City Attorney Flitner referenced concerns relating to the
City's fairly aggressive approach regarding Driving Lhder the
Influence (DUI) billings and said there have been inquiries
from the Defense Counsel, local Mani Court Judges and Defense
Attorney. He said the Legislative Counsel points out that
the costs related to DUI's should be in response to
emergency action. W. Flitner said in his review of several
violations of the law, running a red light, speeding, etc. is
enough of an emergency to justify DUI procedures, and the
question is, "how aggressive does the City want the Public
Safety Department to be ?" He said the City should adopt a
specific policy regarding various violations, but routine
stops like broken headlights /taillights, etc. would not seem
to justify all the costs involved in DUI's.
Discussion followed comparing the City's aggressive
interpretation for DUI billing to Legislative Counsel's
opinion, what incidents qualify as an emergency response, and
costs incurred to the City whenever it is necessary to
transport an individual to the County jail and go through
booking procedures,
City !manager Netter confirmed that the City has taken an
aggressive approach to this matter and that the Legislative
Counsel response is an opinion. He referenced copies provided
to Council of staff report dated November 22, 1991 regarding
this matter and reviewed contents therein pointing out the
actual funds collected to date in the amount of approximately
$18,500. Of those recoveries, there is an estimated 50% loss
ratio under uncollectibles. W. Netter said he has talked
to other cities about this aggressive approach without
criticism and the City has been challenged basically by the
Muni Court Judges. He confirmed to Council comment that the
court is allowing some of the DUI's and not others.
Rohnert Park City Council Minutes (15) December 10, 1991
A motion was made by Councilman Hollingsworth, seconded by
Mayor Spiro, to table this matter on DUI billing, and approved
by the following vote:
AYES: (4) Councilmembers Eck, Hollingsworth, Reilly and
Mayor Spiro
NOES: (1) Councilman Hopkins
ABSENT: (0) None
2) Nbbile Home Rent Control Litigation update - City Attorney
Flitner said the City has been requested to join in an Amicus
Brief regarding the Mobile Home Rent Control litigation. He
said it does give some support to others and does have
some impact with regard to the judgment. It will probably
be necessary to wait until after the ruling has been filed,
but the brief could be taken to the Judge afterwards.
Council agreed.
3) AB935/Nbbile Home Rent Control - City Attorney Flitner
said copies were provided to Council of 1991 -92 Bill
Text /Amended in Assembly, April 24, 1991 regarding contents
from Legislative Counsel's Digest for AB935 as amended for
mobilehome parks rent control. He said AB935 would establish
rent control for mobile home parks in each county by much the
same standard as the City of Rohnert Park has had in the
Greenbook and Ordinance No. 494. The Rent Review Board
directed City Attorney to write a letter supporting AB935
which provides that if there are similar reps, the County
would not have to have corresponding legislation.
Discussion followed during which City Attorney Flitner
responded to various Council questions and said the time bomb
we have now is the Greenbook versus Ordinance No. 494 and
confirmed that we would still be in the middle because the
City's regulations are much more linked to some formula base
whereas wording of AB935 is much more permissive. Council
agreed it should either be clearly taken out so it can enforce
its own policy or clearly left in with specific direction.
A motion was made by Councilman Eck, seconded by Councilman.
Hopkins, and unanimously approved, to write a letter to the
author of AB935 requesting that the bill be very carefully
considered and clearly stated whether local mobile home
ordinances in cities are included or excluded.
4) General Plan options /procedures re. Open Space, Spheres of
Influence, etc. - City Attorney Flitner said he was asked to
respond to Council questions regarding enforceability of
prcedural issues as outlined in the General Plan. e said these
seem to be enforceable as they are policies established by
Council and lested in the General Plan. If the City wishes to
remove or alter any stipulations outlined in the General Plan,
it would be necessary to go through a public review process.
Annexation usually requires an EIR so there are other
Rohnert Park City Council Minutes (16) December 10, 1991
opportunities for those matters to be reviewed. City Attorney
Flitner confirmed to Council comment that basically anything
can be put in or taken out of the General Plan as long as the
established process is followed.
City Manager Netter said the Open Space Council Committee
would be meeting soon to put a plan together for full
Council's review in January 1992.
Matters from Council: 1) Councilman Eck said an Open Space District Workshop will
be held in Santa Rosa,, 970 Piner Road with meeting for Open
Space representatives starting at 6:00 p.m. and workshop
starting at 7:00 p.m on Thursday, December 12, 1991. Dr. Eck
said additional work shops are scheduled in January for each
Supervisorial District.
2) City Manager Netter said the Rohnert Park Chamber of
Commerce Holiday Tree Lighting Ceremony will be held at the
Great Western Bank, Rohnert Park Expressway at 7:00 p.m. on
Friday, December 13, 1991.
3) City Manager Netter said the Joint Meeting with City of
Cotati will be held at the Happy Garden Restaurant at 6:30
P.m. on Wednesday, January 15, 1992.
4) City Manager Netter said there will be a meeting of the
County Environmental Review Committee to review the Master
Plan and Expanded Initial Study for Crane Creek Park, Rohnert
Park on Tuesday, December 17, 1991 at 9:30 a.m. at County of
Sonoma Planning Commission Room #107, 575 Administrative
Drive, Santa Rosa. He said efforts will be made for a staff
member to attend.
CaLmci lmaan Eck ingiuire-MI ^about w'fien the School District vas
going to finish the landscaping along the wall adjacent to the
High School. City Manager Netter said McBail has provided
$47,000 and that he would follow up on the matter and find out
what the timeline is for completion of this project.
Councilman Eck complimented Director of Public Works Brust on
his letter regarding the School District Parking to the south
adjacent to the bike path and said he strongly agreed.
Councilman Reilly referenced copies provided to Council of his
memorandum dated December 10, 1991 and shared contents therein
regarding his participation on the Environmental Advisory
Committee formed by Senator Michael Thompson. He said
suggestions for any environmental issues should be submitted
to him as soon as possible to be included on the prioritized
list of important issues to be reviewed by the committee
around the first of February.
Rohnert Park City Council Minutes (17) December 10, 1991
5) Councilman Hopkins said the League of California Cities
Growth Management Committee is fairly firm in what it is going
to ask the Board of Directors. As many City Council officials
as possible are needed to come to the next meeting in
Sacramento with consideration being given to February 21st and
22nd, 1992. One of the concerns with many of the
people on the committee is that a lot of Councils are not up
to speed and do not really have a direction. Mr. Hopkins
requested City Manager Netter to notify Council promptly when
meeting information is available to enable the fullest
participation possible.
r
6) City Manager Netter said the City of Rohnert Park will be
hosting the Redwood Empire Division of the League of
California Cities which is generally held on a Saturday in
February and asked Council which Saturday would be best.
Council agreed to February 15.
7) City NHnager Netter said the California Transportation
Committee (CTC) met recently in Sacramento for 1992 STIP and
there will be another meeting at 1:00 p.m. on Friday, January
17, 1992 which will be the first step into the funding
mechanism. Staff recommends Pete Foppioni's approach and said
official representation at the meeting is imperative if
Council wants to see the Wilfred Avenue ultimate improvements
in the plan.
8) City Manager Netter said the Fun After 50 Christmas
Luncheon will be held on Monday, December 16th, 1991 at noon
at the Senior Center.
9) City Manager Netter said the City's Annual Report is out
and complimented Reba Roberts and staff for a good job. It
was the most economical Annual Report to date at a cost of
approximately $15,000 because of cutting it down to four pages.
`CORRECTION from 1/14/92 Council Meeting: _Chanae_Ma or Eck to Mayor Spiro.
;Spiro
Unscheduled Public Mayor Lek asked if anyone in the audience wished to make an
Appearances appearance at this time.
Dave Mochel, resident of Rohnert Park, said he wanted to bring
Council's attention to Planning Commission procedure regarding
unscheduled public appearances allowed only at the end of
Planning Commission meetings resulting in the public being
precluded from participation on agenda items. He requested
Council's assistance in encouraging the Planning Commission to
use the same format provided at City Council meetings and
allow unscheduled public appearances at the beginning of its
meetings as well as opportunity to participate in agenda
item discussions.
Rohnert Park City Council Minutes (18) December 10, 1991
Discussion followed during which Council responded to Mr.
Nbchel's request that even though it would be good for the
various City meetings to follow a consistent format, the Brown
Act does not require unscheduled public appearances more than
once during any meeting. It has been a courtesy of the
Council to provide an opportunity for public comments both at
the opening and close of its meetings as well as during
discussion of agenda items. The practice of many other cities
is to cut speakers off at an exact two or three minute time
allowance, whereas this Council usually allows time for a
speaker to finish comments— Comments were made regarding
frustrations of earlier Council meetings when lengthy public
comments were permitted resulting in the meetings running very
late to cover scheduled agenda items, thus it became necessary
to restrict public comment time.
Mayor Spiro expressed appreciation to Mr. Nbchel for his
comments and confirmed City Manager Netter would direct
Planning Director Skanchy to have the unscheduled public
appeearances listed at the beginning of the agenda of each
Planning Commission meeting. Council concurred.
Adjournment Nhyor Spiro adjourned the meeting at approximately 9:10 p.m.
De7p Cit Clerk
Nhyor