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2005/04/12 City Council Agenda PacketCity of Rohnert Park* 6750 Commerce Boulevard eRohnert Park, California 94925 Phone: (707)588-22270FAX: (707)588-2274oWEB: www.rpcity.orr ROIINERT PARK CITY COUNCIL) Judy Hauff Community Development Commission City Clerk Rohnert Park Financing Authority City Hall Rohnert Park District CONCURRENT MEETINGS AGENDA Tuesday, April 12, 2005 MEETING LOCATION: CITY HALL - COUNCIL CHAMBERS 6750 Commerce Boulevard, Rohnert Park, California The Rohnert Park City Council welcomes your attendance,. interest and participation at its regular meetings scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p.m. in the Council Chambers. City Council Agendas & Minutes maybe viewed at the City's website: www.rpcity.orQ Council may discuss and/or take action on any or all of the items listed on this agenda. Waiver Warning: If you challenge decisions 'of the City Council of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Offices at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make sure the City Manager's office is notified as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.) 6:00 p.m. CITY COUNCIL MEETING - REGULAR SESSION -Open Call to Order/ Pledge of Allegiance Roll Call (Flores_Smith_Spradlin_Vidak-Martinez Mackenzie_) 1. SCHEDULED APPEARANCES/PRESENTATIONS: 1. Mayor's presentation of Community Service Award Certificates to Boy Scouts for fire hydrant painting 2004 to: • Michael Beaver, Troop #431 • Thomas Paolini, Troop #68 © Erik Steffenson, Troop #68 e Brian Wall, Troop #23 2. Jeff Nicks, Public Safety Officer, regarding Every 15 Minutes Program at Rancho Cotate High School 3. Catherine Bramkamp regarding Sonoma State University Open House Event 4. Seamus Seanachaoi regarding beneficial use of bib -diesel fuel to help fanners; economy and environment 5. Barbara Greene requesting City Council to consider setting up an official - City. Creek Committee For items to be listed on the agenda, •written requests must be submitted to the CityManager's Office prior to finalization of meeting agendas, i.e. by noon on the Tuesdays preceding City Council meetings regularly scheduled on the 2nd and 4th Tuesdays ofeach month City of Rohnert Park CONCURRENT MEETINGS Agenda (2) April 12, 2005 for City Council/Community Development Commission/Rohnert Park Financing Author4lRohnert Park District 2. STUDENT REPORTS: • SSU - Sonoma State University Associated Students, Inc. By James J. Reilly, III, Legislative Representative 3. UNSCHEDULED PUBLIC APPEARANCES/COMMENTS: For public comment on items not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to 3-5 minutes per appearance & a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - *SEE NOTE ON LAST PAGE OF THIS AGENDA 4. Golf Course matters - Consideration of terms of Second Amendment to the CourseCo Ground Lease 1. Staff Report 2. Public Comments 3. Resolution for Adoption: 2005-98 Approving the Second Amendment 'to the Ground Lease with Rohnert Park Golf, L.P. (CourseCo) • Council motion • Council discussion • Council vote 5. Parks Master Plan and Community Fields Citizens Advisory Committee Work Plan - Review redrafted Committee Work Plan and results of first meeting held 4/6/05 1. Staff Report 2. Public Comments 3. Council discussion/direction/action 6. Parking Exemptions Ordinance - Consideration of Proposed Ordinance Amending Section 17.16.040 of the Rohnert Park Municipal Code regarding Parking Exemptions to Accommodate Required Disabled Parking L Staff Report 2. Public Comments 3. Waive Second Reading and Adopt Ordinance by reading title: No. 735 Amending Rohnert Park Municipal Code Section 17.16.040 Pertaining to Parking Exemptions • Council motion • Council discussion • Council roll call vote City of Rohnert Park CONCURRENT MEETINGS Agenda (3) April 12, 2005 for City CouncillCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District 7. Animal Control Regulations Ordinance- Consideration of Proposed Ordinance Amending Title 6 of the Rohnert Park Municipal Code Concerning Animal Control Regulations 1. Staff Report . 2. Public Comments 3: Waive First Reading and Introduce Ordinance by reading title: No. 738 Amending Title 6 of the Rohnert Park Municipal Code Concerting Animal Control Regulations o Council motion • Council discussion Y Council roll call vote . 8. Zoning Ordinance - Consideration of Proposed Ordinance Amending Certain Designated Sections of Chapter 17, Zoning, of the Rohnert Park Municipal Code Regarding Kennels and Small Animals 1. Staff Report 2. Public Comments 3. Waive First Reading and Introduce Ordinance by reading title: No. 739 Amending Sections 17.04.030, 17.06.030, 17.06.060, 17.06.100, 17.06.190, 17.07.020(0), and 17.07.020(AA) of the Rohnert Park Municipal Code Regarding Kennels and Small Animals • Council motion o Council discussion • Council roll call vote 9. Sonoma County Waste Management Agency matter- Consideration of Regional Beverage Container Recycling Program 1. Council Sub -Committee Report, -3 /29/05 mtg. (TS) 2. Resolution for Adoption: 2005-99 Authorizing the Sonoma County Waste Management Agency to Submit the Funding Request Form to the Dept. of Conservation's Division of Recycling and to Implement a Beverage Container Recycling Program on Its Behalf and, Once Received, to Forward Department of Conservation Funds for Beverage Container Recycling to the.Sonoma County Waste Management Agency m Council motion o Council discussion O Council vote .10. Council Committee &/or Other Reports: 1. Sonoma County Agricultural Preservation & Open Space District, Ad Hoc (Santa Rosa), 3/23/05 mtg. & Regular Advisory Committee 3/24/05 mtg. (JM) 2. California Tiger Salamander Ad Hoc Committee, 3/23/05 & 4/6/05 mtgs. (VVM/JM) 3. League of Calif. Cities - Economic Development, 3/24/05 mtg. (TS) 4. Russian River Watershed, 3/24/05 mtg. (JM) 5. Climate Protection/Santa Rosa's, 3/24/05 mtg. (JM) 6. Association of Bay Area Governments (ABAG)/Cal-Fed Task Force/Water Forum, 3/28/05 mtg.(JM) City of Rohnert Park CONCURRENT MEETINGS Agenda (4) April 12, 2005 for City CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District 10. Council Committee &/or Other Reports: (Cont'd) 7. Rotary Garden Dedication, 3/30/05 (TS/JM) 8. Water Advisory Committee (WAC), 4/4/05 mtg. (JNI) 9. Redwood Empire Municipal Insurance Fund (REMIF) Board Mtg., 4/7/05 (TS) 10. Sonoma County Transportation Authority (SCTA), 4/11/05 .mtg. (JM) 11. Agilent Development Public Forum sponsored by Codding Enterprises, 4/21/05 12. League of Calif. Cities, North Bay Meeting, 4/21/05 (TS) 13. League of Calif. Legislative Action Days, 5/1.1-12/05 14. Other informational reports, if any 11. Communications 12. Matters from/for Council: 1. State Water Resources Control Board, 4/21/05 Hearing on Russian River Water in Sacramento QM) - Council consideration. of Mayor to attend/participate • Council discussion/direction/action 2. Policies regarding electronic equipment and internet access for Council Members (TS) 3. Santa Rosa Pot Clubs Ordinance (TS) 4. Climate Protection Campaign - City Representatives to 5/22/05 meeting (JM) • Council discussion/direction/action 5. LCC Indian Gaming Sub -Committee, San Jose, 4/6/05 mtg. (JM) 6. Schedule of Events and Meetings 7. City Council Agenda Forecast 8. Other informational items, if any 13. City Manager's Report: 1. Rancho Adobe Fire District, Letter of 3/24/05 2. City of Cotati to discuss Public Safety services cooperation with City of Rohnert Park at Cotati's regular 4/13/05 City Council meeting 3. Employee Appreciation Annual Event Format • Council discussion/direction 4. Other informational items, if any 14. CONSENT CALE•N'DAR All items on the consent calendar will be considered together by one action of the Council unless any Councilmember or anyone else interested in a consent calendar item has a question about the item. A. Approval of Concurrent Meeting Minutes for: March 22,-2005 B. Approval of Bills/Demands for Payment concurrently for: • City of Rohnert Park/City Council • Community Development Commission City of Rohnert Park CONCURRENT MEETINGS Arenda (5) April 12, 2005 for City CounciUCommunity Development Commission/Rohnert Park iFtnaneing Authorily/Rohnert Park District C. Resolutions. for Adoption: 2005-100 Approving and Authorizing Execution of Employment Agreement with Stephen R. Donley for Interum City Manager Position 2005-101 Declaring Monday', April 25; 2005 as "Red Hat Society Day" 2005-102 Approval of Amendment No. 2 to the Agreement with Sharp Inspection Group for Inspection and Construction Management For the Commercial Water Meter Project, Phase 1, Project No. 2003-03 2005-103 Accepting Completion and Directing the City Engineer to file Notice of Completion for Commercial Water Meter Project, Phase 1, Project No. 2003-03 2005-104 Awarding the Contract to Vulcan Construction & Maintenance, Inc. for the Commercial Water Meter Replacement Project, Phase 2, Project No. 2004-03 2005-105 Approval of Agreement with Sharp Inspection Group for Inspection and Construction Management for the Commercial Water Meter Project, Phase 2, Project No. 2004-03 2005-106 Approval of Contract Change Order No. i with Murray Builders for Rohnert Park Animal Shelter Remodel Project No. 2003-28 2005-107 Approval of an Agreement for Architectural Services with Interactive Resources for Assessment and Preliminary Design of the Burton Avenue Recreation Re -Roof and Renovation Project No. 2004-04 2005-108 Approval of Task Order No: 2005-05 with Winzler & Kelly Engineers for Engineering Services for Burton Avenue Recreation Building Re -Roof and Renovation Project No. 2004-04 15. PUBLIC COMMENTS: For public comment on items not listed on the agenda', or on agenda items if unable to speak at the scheduled time (limited to 3-5 minutes per appearance & a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - *SEE NOTE BELOW ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - Any item raised by a member of the public which is not agendized and may require Council action shall be automatically .referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose atter posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. JH -b:041205 AGENDA-RPeity council 1,�Ca 4 .r nom+,:, ,t v,s. CONFIDENTIAL �r A ® RECYCLED PAPER. MINIMUM 209b POST -CONSUMER FIBER CONTENT. Kolumbion" -- 35 Clasp (6 x 9) xL jve4 CIL a -o off' CONFIDENTIAL lzG- Pt is,, coos- Did you !know that alcohol-related collisions are the leading cause of death among teenage youth? Zhe Office of Traffic Safety, Z%e California Highway Patrol, Rghnert Parr, Public Safety, 2Tie Sonoma County Sheriff's Office, along with the Cotati Police Department is taking a proactive step in educating local high school students about ma ig mature decisions when alcohof c beverages are involved. 'With the support of the agencies above Rancho Cotate High School wi!!be hosting an Every 15 Minutes Program. g7iiis two day event will be held May 17 & 18. A crash simulation wiff be held on the first day on the track at 10 AM and 2 assemblies will be held the second clay, the 18th at 10:20 and 11.30 AM in the gym. ` I iiis event has tarn over 2 years to plan with many parent and community volunteers. We are positive this will be a very worthwhile program. A luncheon will be served immediately following the assemblies at Cross & Crown Church. Participating students, their parents, volunteers andguests are invited. you are cordially invited to witness both days of this spectacular event and invited to the luncheon. We appreciate your show of support for the program and loolk forward to seeing you at the event. Every 15 Minutes Tuesday, May 17 at loam and Wednesday, May 18 at 10:20 and 11:30am at Rancho Cotate *h School Please RsVT 4 calling Lisa Bagwell at 585-8448 by May 2nd if you plan to, attend. City of Rohnert Parke 6750 Commerce Boulevard ®Rohnert Park, California 94928 Phone: (707)588-2227 ♦ FAX: (707)588-2274 0 WEB: www.rpeity.org ROHNERT PARK CITY COUNCIL Community Development Commission Rohnert Park Financing Authority Rohnert Park District CONCURRENT MEETINGS AGENDA Tuesday, April 12, 2005 MEETING LOCATION: CITY HALL COUNCIL, CHAMBERS 6750 Commerce Boulevard. Rohnert Park. California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular meetings scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p.m. in the Council Chambers. City Council Agendas & Minutes may be viewed at the City's website: www.MLI]tV.org Council may discuss and/or take action on any or all of the items listed on this agenda. Waiver Warnini?: If you challenge decisions of the City Council of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Offices at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make sure the City. Manager's office is notified as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.) 6:00 p.m.. CITY COUNCIL MEETING.- REGULAR SESSION - Open Call to Order/ Pledge of Allegiance Roll Call (Flores_Smith—Spradlin_Vidak-Martinez Mackenzie___) 1. SCHEDULED APPEARANCES/PRESENTATIONS: 1. Mayor's presentation of Community Service Award Certificates to Boy Scouts for fire hydrant painting 2004 to- ® Michael Beaver, Troop #431 © Thomas Paolini, Troop #68 e Erik Steffenson, Troop 468 e Brian Wall, Troop #23 2. Jeff Nicks, Public Safety Officer, regarding Every 15 Minutes Program at Rancho Cotate High School 3. Catherine Bramkamp regarding Sonoma State University Open House Event 4. Seamus Seanachaoi regarding beneficial use of bio -diesel fuel to help farmers, economy and environment 5. Barbara Greene requesting City Council to consider setting up an official City Creek Committee For items to be listed on the agenda, written requests must be submitted to the City Manager's Office prior to finalization of meeting agendas, i.e. by noon on the Tuesdays preceding City Council meetings regularly scheduled on the 2nd and 4th Tuesdays ofeach month City of Rolmert Park CONCURRENT MEETINGS Agenda (2) April 12, 2005 for City Coiuncil/Community Development Commission/Rohnert Park Financing Authority/Rohnert Park District 2. STUDENT REPORTS: • SSU - Sonoma State University Associated Students, Inc. By James J. Reilly, III, Legislative Representative 3. UNSCHEDULED PUBLIC APPEARANCES/COMMENTS: For public comment on items not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to 3-5 minutes per appearance & a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - *SEE NOTE ON LAST PAGE OF THIS AGENDA 4. Golf Course matters - Consideration of terms of Second Amendment to the CourseCo Ground Lease 1. Staff Report 2. Public Comments 3. Resolution for Adoption: 2005-98 Approving the Second Amendment to the Ground Lease with Rohnert Park Golf, L.P. (CourseCo) • Council motion • Council discussion • Council vote . 5. Parks Master Plan and Community Fields Citizens Advisory Committee Work Plan - Review redrafted Committee Work Plan and results of first meeting held 4/6/05 1. Staff Report 2. Public Comments 3. Council discussion/direction/action 6. Parking Exemptions Ordinance - Consideration of Proposed Ordinance Amending Section 17.16.040.of the Rohnert Park Municipal Code regarding Parking Exemptions to Accommodate Required Disabled Parking 1. Staff Report 2. Public Comments Waive Second Reading and Adopt Ordinance by reading title: No. 735 Amending Rohnert Park Municipal Code Section 17.16.040 Pertaining to Parking Exemptions Council motion Council discussion Council roll call vote City of Rohnert Park CONCURRENT MEETINGS Agenda . (3) April 12, 2005 for City CouncitlCommunity Development Commission/Rohnert Park financing Authorhty ohnert Park District 7. Animal Control Regulations Ordinance- Consideration of Proposed Ordinance Amending Title 6 of the Rohnert Park Municipal Code Concerning Animal Control Regulations 1 _ Staff Report 2. Public Comments 3. Waive First Reading and Introduce Ordinance by reading title: No. 738 Amending Title 6 of the Rohnert Park Municipal Code Concerning Animal Control Regulations • Council motion • Council discussion • Council roll call vote 8. Zoning Ordinance - Consideration of Proposed Ordinance Amending Certain Designated Sections of Chapter 17, Zoning, of the Rohnert Park Municipal Code Regarding Kennels and Small Animals 1. Staff Report 2. Public Comments 3. Waive First Reading and Introduce Ordinance by reading title: No. 739 Amending Sections 17.04.030, 17.06.030, 17.06.060, 17.06.100, 17.06.190, 17.07.020(0), and 17.07.020(AA) of the Rohnert Park Municipal Code Regarding Kennels and Small Animals . Council motion. Council discussion Council roll call vote 9. Sonoma County Waste Management Agency matter - Consideration of Regional Beverage Container Recycling Program 1. Council Sub -Committee Report, 3/29/05 mtg. (TS) 2. Resolution for Adoption: 2005-99 Authorizing the Sonoma County Waste Management Agency to Submit the Funding Request Form to the Dept. of Conservation's Division of Recycling and to Implement a Beverage Container Recycling Program on Its Behalf and, Once Received, to Forward Department of Conservation Funds for Beverage Container Recycling to the Sonoma County Waste Management Agency • Council motion • Council discussion • Council vote 10. Council Committee &/or Other Reports: 1. Sonoma County Agricultural Preservation & Open Space District, Ad Hoc (Santa Rosa), 3/23/05 mtg. & Regular Advisory Committee 3/24/05 mtg. (JM) 2. California Tiger Salamander Ad Hoc Committee, 3/23/05 & 4/6/05 mtgs. (WM/JM 3. League of Calif. Cities - Economic Development, 3/24/05 mtg. (TS) 4. Russian River Watershed, 3/24/05 mtg. (JM) 5. Climate Protection/Santa Rosa's, 3/24/05 mtg. (JM) 6. Association of Bay Area Governments (ABAG)/Cal-Fed Task Force/Water Forum, 3/28/05 mtg.(JM) City.of Rohnert Park CONCURRENT MEETINGS Agenda (4) April 12, 2005 for City Council/Community Development Commission/Rohnert Park Financing Author4lRohnert Park District 10. Council Committee &/or Other Reports: (Cont'd) 7. Rotary Garden Dedication, 3/30/05 (TS/JM) 8. Water Advisory Committee (WAC), 4/4/05 mtg. (JM) 9. Redwood Empire Municipal Insurance Fund (REMIF) Board Mtg., 4/7/05 (TS) 10. Sonoma County Transportation Authority (SCTA), 4/11/05 mtg. (JM) 11. Agilent Development Public Forum sponsored by Codding Enterprises, 4/21/05 12. League of Calif. Cities, North Bay Meeting, 4/21/05 (TS) 13. League of Calif. Legislative Action Days, 5/11-12/05 14. Other. informational reports, if any 11. Communications 12. Matters from/for Council: 1. State Water Resources Control Board, 4/21/05 Hearing on Russian River Water in Sacramento (JM) - Council consideration of Mayor to attend/participate ® Council discussion/direction/action 2. Policies regarding electronic equipment and internet access for Council Members (TS) 3. Santa Rosa Pot Clubs Ordinance (TS) 4. Climate Protection Campaign - City Representatives to 5/22/05 meeting (JM) • Council discussion/direction/action 5. LCC Indian Gaming Sub -Committee, San Jose, 4/6/05 mtg. (JM) 6. Schedule of Events and Meetings 7. City Council Agenda Forecast 8. Other informational items, if any 13. City Manager's Deport: 1. Rancho Adobe Fire District, Letter of 3/24/05 2. City of Cotati to discuss Public Safety services cooperation with City of Rohnert Park at Cotati's regular 4/13/05 City Council meeting 3. Employee Appreciation Annual Event Format o Council discussion/direction 4. Other informational items, if any 14. CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the Council unless any Councilmember or anyone else interested in a consent calendar item has a question about the item. A. Approval of Concurrent Meeting Minutes for: March 22, 2005 B. Approval of Bills/Demands for Payment concurrently for: * City of Rohnert Park/City Council • Community Development Commission City of Rohnert Park CONCURRENT MEETINGS Ap_cnda (5) April 12, 2005 for City Council/Community Development Commission/Rohnert Park Financing Authority/Rohnert Park District C. Resolutions for Adoption: 2005-100 Approving and Authorizing Execution of Employment Agreement with Stephen R. Donley for Interim City Manager Position 2005-101 Declaring Monday, April 25, 2005 as "Red Hat Society Day" 2005-102 Approval of Amendment No. 2 to the Agreement with.Sharp Inspection Group for Inspection and Construction Management For the Commercial Water Meter'Project, Phase 1, Project No. 2003-03 2005-103 Accepting Completion and Directing the City Engineer. to file Notice of Completion for Commercial Water Meter Project, Phase 1, Project No. 2003-03 2005-104 Awarding the Contract to Vulcan Construction & Maintenance, Inc. for the Commercial Water Meter Replacement Project, Phase 2,, Project No. 2004-03 2005-105 'Approval -of 'Agreement with Sharp Inspection Group for Inspection and Construction Management for the Commercial Water Meter Project, Phase 2, Project No, 2004-03 20057106 Approval of Contract Change Order No. 1 with Murray Builders for Rohnert Park Animal Shelter Remodel Project No. 2003-28 2005-107 Approval of an Agreement for Architectural Services with :Interactive Resources for Assessment and Preliminary.Design of the Burton Avenue Recreation Re -Roof and Renovation Project No. 2004-04 2005-108 Approval of Task Order No. 2005-05 with Winzler & Kelly Engineers for Engineering Services for Burton Avenue Recreation Building Re -Roof and Renovation Project No. 2004-04 15. PUBLIC COMMENTS: For public comment on items not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to 3-5 minutes per appearance & a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - *SEE NOTE BELOW ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. ` PLEASE FELL OUT A SPEAKER CARD PRIOR TO SPEAKING - Any item raised by a member of the public which is not agendized and may require Council action shall be- automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government 'Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon..rx-h:o4r2o5 AGENDA-xPcnycouncil COURTESY AGENDA 4/12/05 cc: Ej.-Hauff; Clty_Clcrk_() K Leonard, Shorthand Reporter Thomas Paolini 1545 Golf Course Drive Rohnert Park, CA 94928 Erik Steffenson 1545 Magnolia Avenue Rohnert Park, CA 94928 Seamus Seanachaoi 207 Southwest Blvd. Rohnert Park, CA 94928 Brian Wall 1537 Genesis Court Rohnert Park, CA 94928 Jeff Nicks &M of Public Safety Barbara Greene 6145 Commerce Blvd. Rohnert Park, CA 94928 Michael Beaver 1503 Galaxy Court Rohnert Park, CA 94928 Catherine Bramkamp via e-mail: bramkamp@yahoo.com Page 1 of 1 Mendenhall, Card From: Mendenhall, Carol Sent: Thursday, April 07, 2005 822 AM, To: bramkamp c@yahoo.com' Cc: Hauff, Judy Subject: 4/12105 Agenda for R.P. City Council Meeting Hello Catherine, Attached please find the Agenda. for the R.P...City. Council. meeting of. April 12, 2005 where you are scheduled for a presentation regarding Sonoma State University Open House Event I have highlighted your name on the Agenda: for your reference where it appears under item #1 for Scheduled Appearances/Presentations. r J Please do not hesitate to call if you have any. questions in this regard. Thank you, ` CarofJL Aemen Office Assistant II/Deputy City Clerk. City of Rohnert Parts 6750 Commerce Blvd. Rohnert Park, CA -94928 (707) 588-2227 �t-4:cop� (TO BE INCLUDED WITH THE NEXT AGENDA MAILING FOR CITY COUNCIL MEETING OF APRIL, 2005) 2&, Mendenhall, Carol From: FedEx [donotreply@fedex.com] Sent: Friday, April 08, 2005 9:49 AM To: Mendenhall, Carol Subject: FedEx shipment 792250088340 Our records indicate that the shipment sent from Carol Mendenhall/City of Rohnert Park to Michelle Marchetta Kenyon/McDonough, Hol has been delivered. The package was delivered on 04/08/2005 at 9:20 AM and signed for or released by .GWEN. The ship date of the shipment was 04/07/2005. The tracking number of this shipment was 792250088340. FedEx appreciates your business. For more information about FedEx services, please visit our web site at http://www.fedex.com To track the status of this shipment online please use the following: http://www.fedex.com/cgi-bin/tracking?tracknum bers=792250088340&action=track&language=english&cntry_code=us Disclaimer ------------------------------------------------------------- FedEx has not validated the authenticity of any email address. From: Tracking no: Ship date: Service Type TrackfHistory Michelle Marchetta Kenyon McDonough, Holland & Allen 1901 Harrison Street, 9th Floor Oakland, CA 946123501 US 510-273-8787 Carol Mendenhall City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 US 7075882227 792250088340 Apr 07 2005 Priority Overnight Package Type: Pickup/Drop Off: Weight: Dimensions: Declared Value: Shipper Account Number: Bill Shipment To: Courtesy Rate Quote Discounted variable % Shipment Type: Page 1 of 1 FedEx Box give to scheduled courier at my locati 1 LBS 0 x 0 x 0 0 USD 147969228 147969228 *15.86 0.00 Express Please Note .*The courtesy rate shown here may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely cl Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $500, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. W claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. https://www.fedex.comlfsmHistorylHistoryMainAction.do?method=doH istoryEntry&metho... 4/7/2005 .: OHNERT:PA$R.'... 19 oA COUNCIL MEETING MEMO To: The Honorable Mayor and Members From: Steve Donley of the City Council Assistant City Manager cc: Michelle Marchetta Kenyon / Gabrielle P. Whelan, City Attorneys Administrative Staff Press Correspondents Date: April 12, 2005 Meeting City Council Meeting - The following matters are scheduled for consideration or discussion at the City of Rohnert Park concurrent meetings of the City Council, the Community Development Commission, and the Rohnert Park Financing Authority to convene at 6:00 p.m. on Tuesday, April 12, 2005. 1. Scheduled Appearances/Presentations To make a scheduled -appearance, a written request must be submitted'to the City Manager's Office by noon on the Tuesday preceding the City Council meeting which are regularly scheduled on the 2nd and 4`" Tuesdays of each month. The Mayor will present Community Service Awards to. Boy Scouts who painted city fire hydrants im2004 as a Community Service Project: ■ PSO Jeff Nicks will address Council regarding the Every 15 Minutes program to be held at Rancho Cotate High School ■ Catherine Bramkamp will speak to the Council about the Sonoma State University Open House Event.' ■ Seamus 'Seanachaoi will discuss the beneficial use of bio -diesel fuel -made from vegetable oil and soy beans -to help farmers, the economy, and the environment. ■ Barbara Green will request Council to set up an official City Creek Committee. 2. Student Reports: James J. Reilly III, Legislative Representative Sonoma State University Associated Students, will discuss campus issues and activities. 3. Unscheduled Appearances/Comments. Time has been allotted.on the Council agenda for public comments on agenda items or other matters not on the agenda. There is a 30 -minute total time limit for unscheduled appearances and, depending on the number of speakers; each speaker may be limited to 3=5 minutes. Any speaker not having time to speak during the unscheduled public appearances will be deferred to a time allotment at the end of the agenda for additional public comments. 4. Golf Course Matters Requested Council Action: Approval of Resolution No. 2005-98 approving the Second Amendment to Ground Lease between the City and Rohnert Park Golf, L.P. (CourseCo) Council approved certain terms for a Second Amendment to the Foxtail Golf Courses Ground Lease. Legal representatives for the City and the Tenant have negotiated and prepared this Amendment. The primary purpose of the Second Amendment is to adjust the lease rent to bolster the Tenant's. ability to continue operation of the golf courses and preserve revenue for the City. k. CITY OF ROHNEkT PARK (2) Council Meeting Memo - Aaril 12, 2005 5. -Parks Master Plan and Community Fields Citizens Advisory- Committee Work Plan The City Council recently selected 12 community members to sit on a committee formed to develop the City Parks and Recreation Master Plan. Staff has prepared general information, a,proposed work plan, goals, and timeline for presentation to.Council. The model 1) promotes participant growth and development by providing an environment designed for safety and personal development. 2) protects , the City's Green Infrastructure and 3) optimizes Parks.and Recreation Programs. 6. Parking Exemptions Ordinance Adoption of Ordinance No. 735. Consideration of Negative Declaration Approval and Ordinance Amending Section 17.16.040 of 1the RP Municipal Code regarding Parkin Exemptions to " Accommodate Required Disabled Parking. City off-street parking requirements were adopted in 2003 and several existing parking lots have had to reconfigure to meet the latest disabled parking standards. For certain older parking lots, this is not an easy task due to limited property. Staff proposes to 'add an exemption that would allow for disabled, parking retrofits on a case-by-case basis. If an existing parking lot cannot provide adequate parking spaces for the disabled, the planning and CDC Director may approve a reduction in the number of parking spaces by, up to a maximum of three to accommodate required disabled parking. 7. Animal Control Regulations Ordinance Requested Council Action: Consideration of Ordinance. No. 738, Amending Title 6 of the Rohnert Park Municipal Code concerning Animal Control Regulations. ; There have been several changes to state laws and current practices that have not been, incorporated into Title 6 of the City Municipal Code (Animal Control)._ This Ordinance updates the Municipal C d t t th h d dd f t d Th dd oe o mcorpora a ese c anges an a s en orcemen prose ures. ere area ed requirements _ to have cats vaccinated for rabies as a condition of licensing, rules and regulations on tethering dogs, animal licensing for kennels and pet shops; mandatory sterilization and micro -chipping for animals - impounded twice while under the same owner as well as a section on animals in vehicles. . The Ordinance also states. the maximum number of cats/dogs that a person can keep on their premises without a hobby or commercial license as four cats and three dogs. 8. Zoning Ordinance ; Requested Council Action: Consideration of Ordinance No. 739 approving amendments to the City Municipal Code re ag rding kennels and small animals. This Ordinance `addresses conflicts and inconsistencies between . the current Zoning Ordinance Standards and Title 6 of the Municipal,Code. 9. Sonoma County Waste Management Agency matter Requested Council Action: Consideration of Regional Beverage Container Recycling Program - Resolution 2005-99 would authorize the Sonoma County Waste Management Agency to=submit"a Funding request Form to ,the Department of Conservation's Division of Recycling (which pays approximately $10.5 million per year statewide to cities/counties who apply for the'fund), implement -a Beverage Container Recycling Program; and' -forward funds to the Sonoma County, Waste Management Agency. The City would be required, to 1) collect and recycle beverage containers at large venues such as parks, public areas; or schools; 2), educate the public to *promote recycling, and/or litter prevention, and' .3) cleanup beverage container/litter in public places -including community cleanup projects. CITY OF ROHNERT PARK (3) Council Meeting Memo - April 12;--2005 10. Council Committee and/or other Reports ■ . Sonoma County Agricultural. 'Preservation & Open Space District Ad ' Hoc 3/23/05 and Regular Advisory Committee meeting 3/24/05 [JM], ■ California Tiger Salamander Ad Hoc Committee meetings 3/23/05 & 4/6/05 [VVM/JM] ■ League of California Cities Economic Development meeting 3/24/05 [TS] ■ Russian River Watershed meeting 3/24/05 [JM] ® Santa Rosa's Climate Protection meeting 3/24/05 [JM] Association of Bay Area Governments (ABAG)/Cal-Fed Task Force Water Forum meeting ■ 3/28/05 [JM] ■ Rotary Garden Dedication 3/30/05 [TS/JM] ■ Water Advisory Committee (WAC) meeting 4/4/05 [JM] ■ Redwood Empire Municipal Insurance Fund (REMIF) Board meeting 4/7/05 [TS] ■ Sonoma County Transportation Authority (SCTA) meeting 4/11/05 [JM] Agilent Development Public Forum sponsored by Codding Enterprises 4/21/05 ■ League of California Cities, North Bay Division meeting 4/21/05 (TS) ■ League of California Legislative Action Days 5/1142/05 ■ ` Other informational reports, if any 11. Communications Copies of meaningful communications have been provided to Council for review prior to this meeting. If there is any communication that a Council Member desires to read or discuss, he/she' will indicate during this time. 12. Matters from/for Council 1) State Water Resources Control Board 4/21/05 Hearing on Russian -River Water in Sacramento [JM] — Council consideration of Mayor to attend/participate 2) Policies regarding electronic equipment and internet access for Council Members [TS] 3) Santa Rosa Pot Clubs Ordinance [TS] 4) Climate Protection Campaign -City Representatives to May 22 meeting. Council Direction/ Action 5) LCC Indian Gaming Sub -Committee, San Jose 4/6 [JM] 6) Schedule, of Events and Meetings f 7) City Council Agenda Forecast 8) Other informational items, if any 13. ' City Manager's Report 1) Rancho Adobe Fire District, Letter of 3/24/05 2) City of Cotati to discuss Public Safety Services cooperation with City of Rohnert Park at Cotati's regular 4/13/05 City Council meeting 3) Employee Appreciation Annual Event Format. Council discussion/direction 4) Other informational items, if any 14. CONSENT CALENDAR For this' meeting, the Consent Calendar consists of acknowledgment of the City Manager/Clerk's report on the posting, of the meeting's agenda and the adoption of Resolutions numbered 2005-100 through 2005-108. Copies of all resolutions, staff reports, and backup materials for these items have been provided to Council for review. A. Approval of Meeting Minutes for Regular Concurrent City -Meeting held March 22, 2005. B. Approval of Bills/Demands for Payment. CITY OF ROHNERT PARK '(4) Council Meeting Memo - April 12, 2005 C. Resolutions for Adoption: 2005-100 Approving and Authorizing Execution of Employment Agreement with Stephen R. Donley for Interim City Manager position. i Mr - Donley would assume the role of Interim City Manager May 1, 2005. Council will re-evaluate the appointment of a permanent City Manager by July 12, 2005. 2005-101 Declaring Monday, April 25`h as Red Hat Society Day. , Since the poem "'Warning" was written by Jennifer Joseph, women all over the world, have been gathering to form Red Hat Societies to cultivate the spirit of remaining young at heart, having fun, and forming .wonderful_ friendships when they turn 50. Lauren's Hallmark Gold Crown is the local sponsor of the official Red Hat'Society Chapter No. 30939 in Rohnert Park. 2005-102 Approval of. Amendment No. 2 to the Agreement with Sharp Inspection Group for Inspection and Construction Management for the Commercial Water Meter Project, Phase 1, Project No. 2003-03. The Commercial Water,Meter Project -Phase _1 experienced a number of changes due to unforeseen underground conditions, design changes, additional work, and replacement of aged equipment. These change orders have extended the duration of the project and necessitated extension of the City's contract with Sharp Inspection Group for a cost,of $10,000 to complete the project.' 2005-103 Accepting Completion and Directing the City Engineer to. File Notice of .Completion for Commercial Water Meter Project, Phase 1, Project No. 2003-03 The contractor, North Bay Construction, Inc., has substantially completed the Commercial Water Meter Replacement Project -Phase I, Project No. 2003-03. Staff recommends that the Council accept the work and direct staff to file Notice of Completion. 2005-104 Awarding the . Contract . to Vulcan Construction & Maintenance, Inc. for , Commercial -Water Meter Replacement Project, Phase 2, Project No. 2004-03. Council authorized a call for sealed bids at their 2/22/05 meeting. Bids were solicited through six builders exchanges and one construction trades publication as well s a general circulation newspaper. Bids were opened 3/31/05: Company Bid Amount Vulcan Construction & Maintenance, Inc. 1,111,379 W R Forde It 1 437 535 The project will replace water. meters 2" and smaller or. commercial and ' multifamily properties throughout the City and will be funded through water rates. '2005-105 ' Approval of Agreement with Sharp Inspection Groupa for. Inspection and Construction Management for the Commercial Water Meter Project, Phase 2, Project No. 2004-03 The City is about to start construction on ,Phase 2 of the Commercial Water Meter, Replacement Project involving replacement of approximately 800, 2 -inches or less . in diameter commercial water meters. Phase 3 will replace meters greater than 2". ,The project will require close inspection and coordination. Staff recommends the Sharp Inspection Group, for Phase 2 services. •� CITY OF ROHNERT PARK (5) Council Meeting Memo - April 12 2005 2005-106 Approval of Contract Change Order No. 1 with Murray'Builders for Rohnert Park Animal Shelter Remodel Project No. 2003-28 As is typical of building retrofits, conditions not . known at the time of bid are revealed during the construction process often resulting in modifications to the scope of the project. Such is the case with the Animal Shelter Remodel project. Several changes are necessitated in the amount of $12,483.72. Additional change orders may be forthcoming. 2005-107 Approval of an Agreement for Architectural Services with Interactive Resources for Assessment and Preliminary Design of the Burton Avenue Recreation Re -Roof and Renovation Project No. 2004-04 The Agreement with Interactive Resources will provide assessment and preliminary design recommendations for the proposed re -roof and renovation of the Burton Avenue Recreation building. The consultant will perform a detailed ADA accessibility survey of the building and exterior path -of -travel. An assessment of the roof . will 'be done and preliminary drawings with recommendations for improvements. Findings will be incorporated into a report with construction cost estimates. Of the three architectural firms interviewed, staff recommends Interactive Resources as the most qualified to perform the work. 2005-108- Approval of Task Order No 2005-05 with Winzler & Kelly Engineers for Engineering Services for Burton Avenue Recreation Building Re -Roof and Renovation Project No. 2004-04 Staff recommends that ,the Engineering firm of Winzler and Kelly be selected to oversee the re -roof and renovation Project as part of their municipal engineering services agreement with the City. The project is. approved in -the FY2004/05 Capital Improvement Program and is funded with Redevelopment Funds. 15. Public Comments. Time has-been allotted on the Council agenda for public comments on items not listed on the agenda or on agenda items if unable,to speak at the scheduled time (limited to 3-5 minutes per appearance and a 30 minute total time limit, or an allocation of time based on number of speaker cards submitted). ADJOURNMENT H: Memos 041205 Home phone number E -Mail address Thanks, Dave Frazer ----Original Message -- From: Bracewell, Michael Sent: Thursday, December 16, 2004 9:40 AM To: Udster, Beth; Frazer, Dave Cc: Donley, Steve Subject: Boy Scouts (fire hydrant painting 2004) Good morning, Below are the names of four Boy Scouts that selected to paint fire hydrants for their community service projects, just one step towards becoming an Eagle Scout. These fine young men have worked hard improving their community and it would be appreciated if they could be recognized by the City Council and/or Public Safety. Page 2 of 3 Thomas Paolini 1545 Golf Course Drive Rohnert Park, CA. 94928 585-3290 Troop #68 Painted Roberts Lake Road and "F" section hydrants (2/04) Brian Wall 1537 Genesis Court Rohnert Park, CA. 94928 585-9050 Troop #23 .Painted "G" section, Country Club Drive and started "D" section hydrants (8/04) Michael Beaver 1503 Galaxy Court Rohnert Park, CA. 94928 585-8627 Troop #431 Painted "R" section and started "L" section hydrants (10/04) Erik Steffenson 1545 Magnolia Avenue Rohnert Park, CA. 94928 793-0557 Troop #68 Painted "D" section and started "S" section (10/04) Thank you, Mike Bracewell MM Certificate of Recognition for rr Outstanding Community Service presented to BRIAN WALL Boy Scouts of America Troop #23 For Painting "G" & "D" Sections & Country Club Drive Fire Hydrants Presented on behalf of the City Council of the City of Rohnert Park This 12`h day of April, 2005 by: Mayor Jake Mackenzie Lidster, Beth From: Rohnert Park Chamber [info@rpchamber.org] Sent: Friday, March 25, 2005 9:06 AM To: Admin; Lidster, Beth Subject: City Council Agenda Council: Communications Age n IL' j2 -0% Y to: -- Py to: Page 1 of 1 g4k'c'EB Beth, I would like to get Jeff Nicks from RPPS on the.next agenda for the Every 15 Minutes program that will be happening at Rancho Cotate. He wants to come and invite them to attend. Please let me know what l need to do j Thank you, Lisa Bagwell Rohnert Park Chamber of Commerce 6050 Commerce Blvd., Suite 21.1 Rohnert Park, CA 94928 707-584-1415 Fax: 707-584-2945 Website: www.rpchamber.org 3/25/2005 Hauff, Judy ........................................................................................ From: Mackenzie, Jake -Home Sent: Monday, April 04, 2005 1:22 Divi Page 1_ of 1 To: bramkamp@yahoo.com Cc: Smith, Tim; Hauff, Judy; Donley, Steve; Leivo, Carl Subject: Re: SSU Open House Event Please agendize and notify C re date- either 4/12 or 26. THX Jake 4/4/2005 RECEIVED MAR 2 9 2005 Council: ROHNERT PARD CITE' COUNCIL Miscellaneous CITY OF SCHEDULED SPEAKER communications ROHNERT P Agenda 1-12.- 05 pe -r- V ho vi e. �_ ' u_, , Copyto: copy to: Today's Date: March 29, 2005 Date of meeting for which you prefer to be scheduled to speak: April 12, 2005 Name: Seamus Seanachaoi Address: 207 Southwest Boulevard, Rohnert Park Phone: 795-2759 (after 1:00 p.m.) TOPIC: Bio -diesel Brief Summary of Comments: use of this fuel will help to protect the environment. 66 There are trucking companies and special interest groups, even the Marine Bay Sanctuary Cruises that use nothing but bio -diesel. This is a replenishable fuel and would cut emissions by 801 .... and it smells good. It is made from vegetable oil, can be recycled and is usually produced from soy beans. It.helps farmers, the economy add the environment. In order for scheduled speakers to be listed on the agenda; written requests must be submitted to the City Manager's Office prior to finalization of meeting agendas, i.e. by noon on the Tuesdays preceding City Council meetings regularly scheduled on the 2nd and 4th Tuesdays of each month. Return to: City of Rohnert Park City Hall Administrative Offices 6750 Commerce Blvd. Rohnert Park, CA 94928 Phone: (707) 588-2227Fax: (707) 588-2263 NOTE.,T3a,�-bars C�r�en� Ph ovt ed `f�l�/oS 4-0 a.ct~ v t s e i _-t- 5 h w c o -f - RECEIVED b cub �e -f n a t t a►Y, cc �� 25 , MAR 2 9 2005 ROHNERT PARK CITY COUNCIL Council; 3c Miscellaneous CITY OF dtivu SCHEDULED SPEAKER communications ROHNERTPARKA Agenda - -o v�osE8 �e -ol 1'-5 -fri b��-ed to:�pz,t,P rte r� f oS e, Fconv to: Today's Date: March 29, 2005 Date of meeting for which you prefer to be scheduled to speak: April 12, 2005 Name: Barbara Greene Address: 6145 Commerce Blvd., Rohnert Park, CA Phone: 585-8888 TOPIC: Creek Committee 94928 Brief Summary of Comments: Would like to request that Council consider setting up an official City Creek Committee. In order for scheduled speakers to be listed on the agenda, written requests must be submitted to the City Manager's Office prior to finalization of meeting agendas, i.e. by noon on the Tuesdays preceding City Council meetings regularly scheduled on the 2nd and 4th Tuesdays of each month. Return to: City of Rohnert Park City Hall Administrative Offices 6750 Commerce Blvd. Rohnert Park, CA 94928 Phone: (707) 588-2227Fax:(707) 588-2263 RECEIVED MAR 2 9 20055 } CITY OF `� t -v1 ROH ERT PARK 104t, IO&OIle- 1;4Akg-� ROHNER'T PARK CITY COUNCIL SCHEDULED SPEAKER Today's Date: March 29, 2005 Date of meeting for which you prefer to be scheduled to speak: April 12, 2005 Name: . Barbara Greene Address: 6145 Commerce Blvd., Rohnert Park, CA 94928 Phone: 585-8888 TOPIC: Creek Committee Brief Summary of Comments: would like to request that Council consider setting up an official City Creek Committee. In order for scheduled speakers to be listed on the agenda, written requests must be submitted to the City Manager's Office prior to finalization of meeting agendas, i. e. by noon on the Tuesdays preceding City Council meetings regularly scheduled on the 2nd and 4th Tuesdays of each month. Return to: City of Rohnert Park City Hall Administrative Offices 6750 Commerce Blvd. Rohnert Park, CA 94928 Phone: (707) 588-2227Fax:(707) 588-2263 Ea Come and support • . your professors and their books in SSU's annual Campus Author Series. Bee_ page 10. VOLUME 53:.IssuE 9 t Tired of boxing'vicariously through movies and video games? Check out SSU's newest club. See page 11. Before you think abuot tanning yourself to a crisp this summer, the Star has some info you need to know before climbing in the tanning bed. See page 9. Need some help getting in shape? The Rec Center has personal trainers to assist you in your dieting and working out needs. See page 8. Sonoma State University's student -produced newspaper since 1979. Dane Cook's Tourgasm kicks ,off its'first show, leaving SSU wet ... with tears. See page 6. APRIL 12, 2005 he,lp save�"sa m on.. S-SU*-studen'ts'- KAmSA DERN and steelhead are listed as threatened. han and Canelis, as well as the Cali- under the gravel. This happens in the 'mining, ordinances, scraped the tops Staff Writer Homer Canelis; mining operator fornia Department of Fish and Game, late summer and does not return until of exposed gravel bars but did not take and co-owner of Bohan and Canelis Sonoma County Water Agency and winter storms create sufficient runoff.. gravel from the wetted stream channel. (a rock quarry in lower Austin Creek), Trout Unlimited to develop an inven- Inevitably, this affects the adult salmon However, the skimming of the gravel SSU students from the biology met with the SSU students and dis- five approach to habitat improvement and steelhead, because it impairs their bars reduces the ability of the stream department recently made a field trip cussed his historical influence in the by taking advantage of existing gravel ability to swim into Austin Creek to to, form and maintain a well-defined out to Austin Creek, near Cazadero in community, as- well as his perspec- mining operations. Over, the years, spawn. channel. the lower Russian River watershed, five from working with the National logging, farming, grazing and urban Today, half a million people in Dr. Brian Cluer, of NNIFS, initi- " to observe .a dynamic gravel mining " Oceanographic and Atmospheric Ad- development all have affected the three counties depend on•the river for ated the idea to mine only the interior operation, and to discuss resource ministration's National Marine Fisher- watershed and have resulted in excess their water supply. Federal regulators portions of gravel bars and excavate management issues related to salmon ies Service (NMFS) and other agencies gravel inputs into the stream. believe the Russian River's steelhead pools that formed when the mouth of listed under the Endangered Species , during regulatory review. Biologists This large sediment load hasaccu- and Coho salmon are threatened with. Austin Creek dries up in the summer. Act (ESAj. from NMFS also described the recent mulated at the mouth -of Austin Creek, extinction. Also, several large boulder and log Currently, Coho salmon in ,the attempts to improve habitat for ESA- raising the channel's elevation. As a Historically, the area - used, to structures were placed in Austin Creek Russian River are listed as endangered listed fish in Austin Creek. consequence, stream flow goes subsur- ' be one long gravel bar. Bohan and under the ESA while Chinook salmon NMFS has collaborated with Bo- face, which means that the water flows 'Canelis, in compliance withcounty SEE SALMON PG 5 Increasing sexual, assault awareness thro'ug'h. serie's of powerful events • . JIQIIF YYIIICI April kicks off the beginning of Sexual As- sault Awareness month at SSU. Coordinated and planned by the Student Advocates For Education (SAFE.), a peer education, group focusing on educating students on alcohol use, safer sex, and sexual assault awareness, this month will hold many exciting activities and learning opportuni- ties for students. Sexual Assault Awareness month began with "The Clothesline Project" on April 6 in SSU's main quad. Strung across the entire quad was a colorful assortment of t -shirts' to honor and sup- . port the survivors of sexual violence. Each shirt color represented a type - of sexual assault—rape, _ ---incest, violence, etc. Participants_found the color - that corresponded to'their assault and wrote or drew messages on their shirt for the student com- munity to read. SAFE's hope is that "The Clothesline Proj ect" will raise awareness of how common sexual assault is, and that victims of sexual assault who have not yet broken the silence will know that they have. support when they do. The shirts had many powerful messages written on them such as "He may have taken my virginity and killed my innocence, but he can never kill my spirit." Coming to the Cooperage on April 12 at 7 m is "Sex Si als " an educational Improv IF k !! a ,' r s M8 ., r' ; �i,,,6 T� a '� i P comedy show discussing the issues of dating, sex, ULNA NIAmE r / STAR Students stop to look at the many shirts hung up for the Clothesline Project, one of the most popular"events for Sexual Assault Awareness Month. communication and sexual assault in a fun envi- equipment that, over the past year, has ronment. According to a press release by SAFE; now one of the most energy efficient supplied air conditioning to 120,000 "This event will help raise awareness, inform and Day at SSU Thurs., April 21. Night" and, "These Hand's Won't . Hurt" . cording to a press release. educate our campus community... and this Improv ' An article on ABCNews.com stated, "In its on, Tues., April 26. "Take Back the Night" At "These Hand's Won't Hurt,", participants comedy show will effectively engage students in ruling, the court said: `It is'common knowledge... is a community -wide program thatprotests sexual stamp their hand on a banner that is displayed the subject of interpersonal sexual relationships." that jeans cannot even be partly removed without violence. Students come together to break the annually at all of, the Sexual Assault Awareness "Sex Signals" is free to SSU staff and stu- the effective help of the person wearing them... silence about sexual assault and honor those who events. The banner is a very visually bold state - dents, and is sponsored by SAFE., Associated . 'and itis impossible if the -victim is struggling. with have survived sexual violence. The night includes ment against'�sexual violence for. the entire student Student Productions. and Residential Life. all her might." Denim Day will be in SSU's main "an outpour of emotional stories from survivors body to see. In protest of an Italian High Court ruling that quad from 11 to 2 p.m. of sexual violence," and "a march on. campus to For more information about Sexual. Assault overturns rape convictions ,because the victim Bringing a close- to Sexual , As- reclaim the night and lastly, to create a safe place Awareness Month call 664-2217. was wearing jeans, SAFE. is sponsoring Denim , sauh 'Awareness' month --is "Take Back the' for survivors and supports of the survivors," ac - proximately 30 years. Salazar Hall wins energy efficiency award. The- former university library is equipment that, over the past year, has now one of the most energy efficient supplied air conditioning to 120,000 -,buildings in northern California, boast-, square feet of classrooms and offices ing one of the largest solar,'panel with almost no , mechanical cooling ,grids in the region that covers 5,500 square required. As a result, there has been feet with 1,200' panels. Unlike older a 70 percent reduction in the cost -of systems, the entire solar panels do not operations as compared to traditional ° ` 4 need to be replaced in the case of failure. mechanical cooling systems. Individual cells, can be taken in and out, - "Flex Your Powe?" (FYP) is a and the estimated lifespan of the rooftop statewide energy outreach and educa- photovoltaic (PV) electric system is ap- tion initiative that began after the recent proximately 30 years. power crisis throughout California. The AssemblymanNation was impressed annual Energy Efficiency Award recog- ,y a by Salazar Hall during his guided tour. nizes businesses, government agencies "I wish they were all like this. It and institutions that have demonstrated would be great if we had solar panels commitment and leadership in advanc- on every building on this campus and ing energy efficiency in California. JEFF OBFiEN / / STAR across the state," Nation said. "Given "There were over 200 nominees SSU Chief Architect Bruce Walker, Sixth District Assemblyman Joe Nation, Senior the dependence on energy that we have, from all kinds of different sectors: From Project Manager Dan Wasserman and President Ruben Arminana. particularly the challenges we're going residential energy users to industrial, to face this year and next year, if we had agricultural, local government, water for 2004. buildings in L.A. and southern Califor- agencies and institutions such as this," JEFF O'BRIEN SSU President Ruben Arminanawas nia like this we wouldn't even be talking . said Wasserman. "We were looking for Staff Writer on hand to receive the, award on Mach about possible problems this summer." commitments to reduce energy and 18 on the second floor of Salazar. Sixth The $20 million renovation proj- improve energy efficiency. The biggest The process of structural renovation District Assemblyman Joe Nation and ect, completed in 2001-2002, combines twenty committers received awards, can be long, drawn out and filled with ' "Flex Your Power" Project Manager Dan state-of-the-art lighting," innovative and had already demonstrated that they trials and tribulations. But Salaza Hall . Wasserman were also on hand, as were low-energy cooling,.and solar electric- were doing things to save energy, but is proof that it can definitely be worth SSU's Senior Architect Bruce Walker ity generation. In addition to utilizing were also looking forward to doing the wait' after recently winning a "Flex and Senior Project. Engineer Keith solar panels to collect energy, Salazar SEE SALAZAR PG 4 Your Power" Energy Efficiency Awad Machando. Hall also features evaporative cooling r Desperate times calf for Adderall LAURA MARTINEZ Staff Writer Students depending on. Adderall to get,them through finals week may be in for a big surprise when the initial effects begin to wear off. �Ie drug, prescribed to children - and adults suffering from At- tention Deficit Hyperactivity Disorder (ADHD), has been suspended in Canada as of Feb. 9, 2005. The Canadian govern- ment banned Adderall fol- lowing the deaths of 12 U.S, patients ages 7 . tol6. How- ever, the "FDA has chosen to continue sales of Adderall on the American market. Adderall is a stimulant . that helps to increase ADHD patients' attention span and ability to focus. Some. col - SEE ADDERALL PG 10 • • 7- , PAGE 2 APRIL 12, 2005 I'M-agi n e n, o re.. 1 g-1 o n. and pondered about how much in all actuality, does not exactly supposed cover-up), the Middle employees, our peers or for the 50 years with mass communica- I really did believe of this story exist (whether it be God, Allah Eastern religious fundamental- people around the globe who, tions). and with the recent death of the or Zeus), no more worshiping ists who wage war on progress, like it or not, make the things Why do we still need reli- Pope, I again sit and question iconic figures and in -turn, chan- the President who denies people we use in daily life and take gion and 2,000 year-old stories religion and how it works in our neling all that energy into our rights because their type of love for'granted (like our toothbrush to guide us through our lives? society. brotherhood of man (if I may is anti -religious, or what about for instance), we cannot begin We are people who have seen From my: perspective—a quote John Lennon here). the Cardinal and Senator who to experience. what our human history, who can learn from his-, BY CORTNEY ROSE JONES young, American -educated, I have no problem with have questionable ethics? But race must aspire to. tory and with this knowledge; small -mountain -town girl, spirituality and believing in they're all very faithful persons Religion automatically di- we've done what .:. built reli- Editor-in-Chief without any substantial reli- something greater than our- right! vides, beyond racial or cultural gion up even stronger? Among gious background—I do attest selves, but I do have a problem It seems we can be so much barriers, with the concept of su- other things, yes, and we should 'm not a religious person that religion is unnecessary in with organized better than that. periority. When a particular ma- stop building the structure of and I have never been one. this century. I believe it was religion and of- Why do we still We as a' human jority goes to an unsuspecting religion and begin working on I am not going• to pretend Karl Marx, who 'said religion ten wonder what need religion and race are extremely minority, to be "saved," there the structure, the fabric, of our I know a lot about religion was "the opium for the masses," it would be like smart and could is an automatic assumption future. either. I have been to church and it seems we have a. major without the seg-' ZOOO year-old do great things that the indigenous minority is If the energy that is used by meetings of various denomina- drug problem. Iwill be so bold -regated world via stories to,guide us with. this "earth less than acceptable and needs millions—going 'to church &v - tions of. the Christian religions, to say that religion has had its religion. Faith is through h our lives? and with our- to be fixed. In a global village, ' ery Sunday to sing and praise, read. a bit of the Koran and a few . day and we should start looking fine, but when that selves, but doing we should and can do better flying to the Vatican City to see gospels in the Bible, and have at, ourselves more realistically faith turns into a it for our neighbor than this. We should celebrate the deceased Pontiff, going on a greatly enjoyed philosophizing and in the present. justification, for murder against needs to be our reason. We need differences and enjoy them, mission for two years to "spread with my, mediocre' knowledge Now, before you get too other human beings, which it to begin perpetuating positive , without classifications based on the word," 'waging wars in the and understanding of the Bud upset, let me explain my point. has been doing for centuries,. it things. religious fundamentals. name Allah, fighting those wars dhist faith. Imagine no religion; no, needs to be harnessed. - When ancient religious Since the 1800s, we (the' waged and countless other ac - I got a knock on my door more fundamental rule and mo- Once an organization rules' and mythology hold us modern civilization of the hu- tivities that have been done in sophomore year from an SSU rality books (i.e. the Bible, The forms, and lives on for cen- back, we cannot move forward. man, race) have been growing the name of religion—is spent student from a club and he Koran or the Book of Mormon), turies, a sort of political cult We cannot reach greatness into what has become a com- on 'human -to -human ,connec- asked me if I believed, in Jesus. no more wars on the premise seems to develop and the ill and -understanding by separately pletely different way of living tions, helping and nourishing Christ. I answered, "I believe of divine or godly knowledge aspects of our culture are per- ' striving to overcome each other. than your ancestors experienced our communities for one an - he lived with and died for a of what is right or wrong, no petuated.. Look at the Catholic Without a sense of empathy for (and this experience has been other not "God" maybe then, powerful message." I later sat more blind faith in a being that, priest child' molesters (and our neighbors, our servers, our -intensely magnified in the past we'd be better off. Let he without sin cast the fiirst stone'. Children learn what they live I(Assmi)RA FRiESTAD the "sin" of homosexuality, but they are causing more harm Guest Opinion then help. They are pushing on the wound causing it to gush anew driving those that are hurting to continue running from SHE�NA .JASON from family members .or neighbors. anyone that tries to touch them. People, do you not see what Y P Y This 14 --year-old doesn't have a even a.m. the chanting starts streaming through my win- you -are doing? Chanting at 7 in the morning and marching Guest Opinion good serine of time or how his/her ' dow, "One man, one woman!" they sound so angry. I roll around with hate in your voice is making the problem worse! actions really others. At 14, over in my bed and slam the window shut. Still their anger can As my friends have expressed to me countless times before, The article published in the •affect they are consumed with friends, be heard, muffled by the glass. these protestors and people that condemn them are not very 1 March 15, 2005 issue of the appearance, school; their favorite Yeah, yeah I hear you! I even agree with what you are welcoming to those already "condemned". Think about it. Star called "Juvenile Execution De=•' • band: - When this 14yeat=oid- was saying, it is the method that has pissed me off. Please do not- Why would' anyone that is homosexual -come crawling to an ' `' cision Widely -Debated' 'by Karisa-- stupid :errougti-to go"out`an&'rob a get me wrong; I am not some little white girl that has no idea angry "brood of vipers" •and ask foi �for`giveness? There is Dern summarized the 5=4 Supreme 7-11 so'th'ey'and some friei_ids would what she is talking about, I do. One of my'closest friends here no love in their chants, there is no promise of forgiveness in Court decision that ended the prac- `Have some money for a new' PS2 at SSU is a homosexual, as well as a few of my other friends. their eyes, and they offer nothing but judgment. tipe of killing children: Comments game they knew what they were Also, my best friend since Jr. High has just recently come out Four p.m.: I am sitting here writing this article, the sound of some students and faculties doing was wrong but only on this and said that she is indeed bisexual; which would explain'why of cars honking and people cheering vibrating my walls. showed the division between sup- childish sub -conscious level. she is always gushing over me. So please do not brush off what Now one last thing comes to mind, "sin." To judge someone porters and opponents. Now I want, A i4 -year-old would not be I am saying. is a sin, to -cause someone to sin is a sin, and to indulge in a chance to speak about this issue thinking about the future or 'the Eleven a.m., I'm walking to class now; I walk around the ones sin is, well, a sin. These are all things that the protestors and try to convince the skeptics why consequences. of their actions. They , long way, so as not to have to see the protestors and their signs. are doing; they are judging and condemning, you can hear it - the Supreme Court was right to vote would be living in the moment think - I sighas I think.about how angry they are; so angry they are in their chant, they drive homosexuals away and make them the way that they did. ing of how cool a,story this�robbery blind to their own "sin". delve deeper into themselves, causing them to "sin", and then. First, I want you to picture will be to talk about' at school Their signs say stuff like, ",Homosexuality -is a sin!" and, they indulge in their judgment, letting it drive their hate. a 14 -year-old; they have no 'real tomorrow. Now picture that this "God can set you free!" Yes I believe both of those statements _ ' So all I ask of the protestors is this, put away your signs concept of what laws really are, 14 -year-old is your brother or sister are true, but Ido not believe in how they are trying to convey and resign your hate. Love those that need loving, trust me they think of them as abstract rules, or cousin, could you really punish the message. Sure they are covering up the wound caused by these people need a lot of, love. Be their friends and show not as something tangible. The only them with a lifelong jail sentence or them that the church and just people in general can thing that they really know about the death penalty? Okay so I know The STAR Editorial Staff Spring 2005 Editor: Cortney Jones Web Page Editor: Michelle Olivera News Editor-: Emily Mead A & E Editor: Lauren Willard Sports -Editor: Brian Jeffcoat Student Life Editor: Gabriel Fernandez Opinion: Editor: Rebekah Cohen Ad Manager: Jillian Steinhauser Photo_ Editor: Megan_Capata Copy Editor: Michelle Olivera Faculty Advisor: Ed Beebout Staff writers: Nick Agius, Reham Ariqat, Andrew Bailey, Alycia Cahill, Laurel Carmen, Mike Catti- vera, Rachelle'Cooper, Karisa Dern, Gina Dunch, Chandra Farnham, Kaitlin Glass, Alex. Grenell, Elisabeth Hoag; Tracy Johnson, Kirk Juhasz, Andrea Koskey, Erik Kute, Katharine LiMand'ri, Melody Lindsey, Kasey Luber, Diana Maire, Laura Martinez Rachel Nichols, Monica Olivera, Jeff O'Brien, Brent Pearse, Marisol Ponce, K.C. Scin- to, Travis Smith, Michele.Thomas. The Sonoma State, Star is located at 1801 East Cotati Ave., Rohnert Park, CA 94928, in Salazar Hall, room 1053. To contact the Star office call (707) 664-2776, For advertising information please call (707) 664-2714. E-mail - star@sonoma.edu. accept them and help them. Let them know you want -jails, courts and the judicial system that some of you are thinking that a to help because you care about them. This will more is what they have seen on "Law and robbery is different than a murder quickly heal any kind of wound that -they have. Order" or what they have heard and of .course you're right but one thing remains the same in the mind LETTERS TO THE EDITOR must be typed, to star@sonoma.edu.• Guest -opinions should of a child—,nothing is seen as real 500 words or less and submitted no later' be 600 words or less and turned in on the or tangible like in the mind of an than 2 p.m. on the Thursday prior to intended Wednesday before intended publication. The adult, not even crime. This mindset publication. They must -include a phone number Star reserves the right to refuse publicationof comes from the way that society 'and name for verification. Letters will be any letter or opinions. Opinions presented .in treats teenagers. This quote from a edited for libel, grammar and',length. Letters the Star do not necessarily reflect those of the newspaper called The Daily Cougar can be delivered to Salazar 1.053 or emailed Communication Studies Department or SSU.makes this point clear. "From sex' education to drink- ing, drugs and cigarettes, our society does nothing - to, educate teenagers. Teenagers are treated like children until they turn 18; and at midnight on their 18th birthday they all of 'a sudden become legally vested with a myriad of new freedoms and respon- sibilities than no one prepared them to live with." It doesn't make sense to treat a child like an. adult when it is conve- nient to make* an example of them but not before that. Minors can't vote, marry, drink or be drafted so why'should they be allowed- to be killed by the government. Kids need to start learning about the conse- quences of their actions before they are all of a sudden expected to take responsibility for them. Minors are minors because they are not capable of making in- dependent decisions free of outside pressure. Justice Anthony Kennedy made this point clear when he said "From a moral standpoint it would be misguided to equate the failings of a. minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed." I for one am- glad that our nation came to . its senses and ceased to be the only county in the. world that sanctioned the juvenile death penalty. 0 APRIL 12, 2005 'Sweationg t*he small s,tuff K.C. SclNro is noquestion that from that moment tant things get forgotten..' probably never was. There is far Staff Writer on, my life had been altered.' When it really comes down to too much going on in my life right As I've ,gotten older, sweating it, does it matter if someone takes a now to get bogged down by the the small stuff has become a routine few. days io call me back"or how the little things. sweat the small stuff. I think for me. I almost feel as if it's a part color red looks with my hair? Do I I've been reading numerous it's my curse actually, since of who I am. My family and friends really care if someone I don't know books about changing my life it's been the small things that even notice this about me, probably looks at me the wrong way? Does it and becoming a better person and have always gotten to me. since I usually call them when I get really affect me if the car in front of what I think it all boils down to is --I've read Richard Carlson's. book kicked off of a machine at the gym me is going a little bit -slower than , attitude and perspective. There is "Don't Sweat the Small Stuff ... and or someone looks at me the' wrong I would like? Not really, although always two ways to look at every it's all small stuff," but somehow it way. I hate sadly most of situation, whether it is good or never really resonated with me. The this about my- I can -choose not to stress out, the time I feel bad. The way I perceive a, situ- -book is short and relatively simple self, yet for because in dike it does. ation will affect my attitude and to comprehend, although actually some reason What I outlook on life. Knowing this I. implementing the tactics in the book I can never the end its not going to- matter and should really canthen choose to be positive in - is a different story. bring myself it's. not going to make me happy be spending stead of negative or happy instead It took me a while to realize_ • fo .actually do my time and ' of sad. I can choose not to stress that it was the small things getting anything about it. I'm really good at energy on are important, things like out about the' small stuff because me down all of the time. Now that complaining about stuff, but when it my senior project, which hasn't got- in the end it's not going to mat - I'm aware of it, it's been even more comes down to taking any form of ten anywhere near the amount of ter and it's not going to make me difficult changing my old thought action, I bail! attention as the things listed above, happy. pattern. For those of you who don't or my darling grandma who isn't Of course saying all of this Maybe it started, in elementary, know me that well, I'm the type,of getting any younger. I should be and actually doing something school_ when I had to call my best' person who will sit and overanalyze focusing on things that make me feel about it are two totally different 'friend each morning to'find out if he . for hours why my friend didn't call better about'myself as opposed to things! I'm hoping this time is was wearing shorts or pants to school me back or whether or not the color those things that just drive me insane different though and I finally take before I could make up my mind on I'm wearing goes good with,my hair and don't reallymatter! some action to stop sweating the My own outfit. Or maybe it started color or what I'm going -to' do three Now that- I'm almost 25 and small stuff. A new beginning is on in junior high when I started to freak . Saturdays from now, etc. , Unfor- almost a college graduate, I 'think the horizon, so why not make it a out when my friends didn't call me tunately the list only goes on from it's time to kiss my old habits good- good one? back within an hour of calling -them. here! In the meantime, my mind is a bye. The small stuff just isn't worth I can't recall the exact date, but there jumbled mess and the really impor- fretting over anymore, although it A rational e.-Ar aluation of abortion Locate the problem, find a so'lutiOn'. ALEX GRENELL Staff Writer re you an individual that lacks the ability to talk to women, or in the words of today's youth: Ain't got no game? Well, I feel your. pain because I myself am one of these poor individuals. My demeanor isn't my problem. ' The problem is speaking, or .in my case mumbling.. I mumble, so much it's damn near a language. So, with that in mind, let's dive,deeper into my escapades of talking to the opposite sex, so that we may identify the problem and possibly work out a solution. See I have no problem talking to girls, just as long as the conversation is under five minutes and is about something we both can relate 'to, like school. I find that the difficulty lies when I try to leave the comfy ,confines of everyday issues. "It's a beautiful day out, um, yeah, okay." No what? This is my dilemma. The only progress I make with women is when they are some how drawn to me and even with my foot firmly lodged in my mouth, they are engulfed in anything I have to say: -Since having a few of these occur- rences, I have molded my approach to women by standing to the side of whatever the social occasion may be and sending out the vibes. I guess girls have updated their vibe block- ers, however, because my black book is' a bunch of empty pages. Well, the upside is, if someone is looking for me, I'm pretty easy to find since I don't move. It's like this, I could meet this amazing girl and have everything going right. The night is in the bag (when, I say in the bag, I'mean if this was a movie, at, the end of the night you would see a montage of clips, from rocket ships taking off, bull `riding, striking oil, fire works ... you get the gist of it). I would only have to- say a few words to close the deal. It could be as easy as saying, "Would you like a bit of my chicken risotto?" But I would no doubt find a way to ruin it. in these situations I get nervous and instead of saying some clever I say nothing, creating many awkward silences. Writing seems, to be my only outlet to express my thoughts without seeming as if, I'm still, learning the ,English Jan,-,.- guage. Maybe I should start a relation- ship through the paper. I' could. write a column each week sparking a conversa- tion with someone. She would respond, then when we have a good conversation brewing, we could go out to dinner and. read what we have to say to each other, stopping occasionally to ' fake a bit of food and turn the page.. Pathetic isn't it? My night cap would consist of a fine. wine, a crackling fire and a 500-6000 word essay• about how beautiful she looks in the candle light. Man. I need help. Someone call Xzibit and tell him to forget pimping my ride, pimp my game. Who needs a fish tank in the back of a '97 Toyota Corolla? My game's , on life-support, call the nurse. I need 10 CC's of charm stat. I need a panel of professionals to do , a complete makeover of my game. I would suggest Snoop Dogg, for the ghetto side, Dr. Phil, for the sensitive side, and Rico Suave to add a little Latin spice. I feel better now, like a huge cloud has been lifted. Now that I've admitted the problem, maybe others will join me in trying to overcome our fears. Shy individuals need to stand up and realize they aren't alone, and they've always had the key, all they need to. do is turn it. Some say I'm a lost cause, but I still have hope that .somewhere out 'there, there is a beautiful woman who loves a man that can write and baby, I'm a writ- ing Casanova. ORIGINAL CARTOON BY TACE BANDALIN 'AGE 3 Word of mouth How news finds you REBEKAH COHEN Opinion Editor week or. so ago, some friends and I went hiking. It was a beautiful day and, in a restless attempt to escape the busy life f the city, we fled to nature and found solace in the massive trees, dirttrails and fresh air. It was amazing to be only a few steps away from houses, stores and cars, but still feel days away from school, world issues and anything that bus- ied thought -or provoked anxiety. Well, at least we thought so. 'On -our way, back down the trail, we encoun- tered apeculiar man seemingly dressed as though he just stepped -out of the 60s. Rolling a' bicycle fully equipped with a radio and incense, he strolled up to us and verbally delivered the message of the Pope's death. ' We literally came to a, standstill. It was not so much the shock of the Pope's death, but rather the - amazement of current events infecting us in such a remote location. Miles outside of the city, in the' company of wildlife and Mother Nature, we still learned news and world events. That struck me as quite an extraordinary capability. " Word of mouth an incredibly fascinating thing. When I stop and think about how much informa- tion I acquire from someone who heard, saw or read something and then either sought me out or, in the case of the man on the hike, stumbled upon na- ive strangers and felt the need to enlighten, I realize how heavily I rely on people around me to verbally inform me about the world. .,:It was not so much the shock of the Pope's death, rather the amazement of current events infecting us in such a remote location. As I proceeded to hike down the hill, I con- tinued to think about how much trust an individual must invest in -the person delivering the news to them via word of mouth. I mean, who's to say the man on the hike was a credible source? Although there probably wouldn't be much incentive in lying to strangers about the Pope's -death, he easily could have and we would have trusted him just as well. My point being, word of mouth is not a cred- ible source of information. Yet we often, unless the information is completely obscure, believe that it is. This is especially the case with family aad professors. Because they are either related to us or presumably believed to ,be smarter than us, we are more apt to think what they are telling us is the truth. Is word of mouth credible depending on the source, or should we always believe the stranger when he bears plausible information? By the time.l got to the bottom of the hill I was exhausted. I had gone off trail in my stroll through nature and my mind wound up focusing back on all of the issues I had attempted to escape. If it is not the newspaper, the television or the radio, it is a strange man on a bike strolling your way, carrying, a message of the sometimes harsh realities of the world you inevitably cannot avoid. Word of mouth is an -amazing thing; it does not wait to be sought out, but finds you instead. Your onl} role when it comes to word of mouth is whether or not you chose to believe it. ■ the grace .that human equality, ERIK KuTE a principle of democracy and Staff Writer particularly the U.S., extends to all of us. . . argument of this in, such a situation where essay, in the context a child. is conceived through The of a rational argument rape, raising that child should that ignores the politi- be up to that woman to decide. a cal or religious biases that effect , ; And .the tab should and must be, it, today, is,simply,tbis:,,whQ1.n aIJ,.,..picked up by_,the,state..As far as -birth is said and done, abortion is the- the of this child goes. the taking of a life. woman will suffer in the pro - These days, when moral cess and that pain is understood issues are considered, people as much as it can be, but I. just immediately refer to their po- cannot -believe that her suffer- litical or religious beliefs. for ing should override that child's guidelines or answers. And as capacity and right for a human this may very well- be a valid life. Allowing a life which is way to go, more often than not " already on a 9 -month, one-way these arguments, whether for or track to a breathing and living against, liberal or conservative, experience should be a civil, atheist or god -believing, appear human; even constitutional to lack the'full consideration and right we extend to these little proper application of reason. embryos who do not yet pos- This issue of abortion has - sess the faculty to answer for remained an issue • that par- themselves. ticularly affected me when my America is about fulfilling mother became pregnant at age potential, the right to life, liber - 38 and considered having, an ty and the pursuit of happiness. . abortion. She was religious—a When all is said and done there Zen Buddhist—and did take w.ill'be those who still disagree her deliberation seriously. She with me, and I understand and decided to have the baby and accept that. But would you at the result was the pride and joy least agree that women could of the family: my little sister show, their courage, strength Ellora, a bundle of joy and in- and empathy by having the gen- nocence, a true example of how erosity to at least be the vehicle beautiful life can be. Since then for, that unwanted child. I have believed abortion, which American is -an enigma of could have taken my sister's life law and liberty, and as . such before she had a chance to live abortion will probably remain it, is the wrong way to, go. an issue where. the, two op - Like most who listen care- posing sides will continue to fully, I have heard several good grapple for supremacy. SoI say' arguments in favor.of abortion. let us compromise. Let us find- ndSome Somewomen will die if they a way where families are will - don't have an. abortion, and in ing to adopt children women such a case -I believe it's up to • want to abort, and let them, also the woman to make that choice. find a way to compensate those Other times, I have heard women women where the situation is declare that because their bodies particularly hard. With just a are the vehicle for this life they little research you would know have the absolute right to decide as well as I do that the U.S the unborn child's fate. Again, a government is .wealthy enough woman's inconvenience should to' pick up the tab for something not override a growing baby's like this, but like most things in capacity and obvious preference this country it is the reliant mid - .for a human life. dle-class, both the liberals and In the case that a woman is conservatives, that keeps the raped and becomes pregnant, I system afloat the foots the bill understand as much as any male for so many things it shouldn't. can her disgust in the bearing of There should be some kind. that child; to this I can only say compromise and it is important that the child is innocent. That that both sides of the argument innocence, which is the gift that empathize with the other. This, creation gives to every child, in my opinion, is the first step exonerates him or her from towards a real democracy. any wrongdoing. The inechan- Provided that you feel com- ics of it are such that a child pelled to reply to the STAR on born from a hard-line criminal this controversial issue, please could in fact have the potential . do so rationally using reason. for compassion and humor that every sane person has. This is Locate the problem, find a so'lutiOn'. ALEX GRENELL Staff Writer re you an individual that lacks the ability to talk to women, or in the words of today's youth: Ain't got no game? Well, I feel your. pain because I myself am one of these poor individuals. My demeanor isn't my problem. ' The problem is speaking, or .in my case mumbling.. I mumble, so much it's damn near a language. So, with that in mind, let's dive,deeper into my escapades of talking to the opposite sex, so that we may identify the problem and possibly work out a solution. See I have no problem talking to girls, just as long as the conversation is under five minutes and is about something we both can relate 'to, like school. I find that the difficulty lies when I try to leave the comfy ,confines of everyday issues. "It's a beautiful day out, um, yeah, okay." No what? This is my dilemma. The only progress I make with women is when they are some how drawn to me and even with my foot firmly lodged in my mouth, they are engulfed in anything I have to say: -Since having a few of these occur- rences, I have molded my approach to women by standing to the side of whatever the social occasion may be and sending out the vibes. I guess girls have updated their vibe block- ers, however, because my black book is' a bunch of empty pages. Well, the upside is, if someone is looking for me, I'm pretty easy to find since I don't move. It's like this, I could meet this amazing girl and have everything going right. The night is in the bag (when, I say in the bag, I'mean if this was a movie, at, the end of the night you would see a montage of clips, from rocket ships taking off, bull `riding, striking oil, fire works ... you get the gist of it). I would only have to- say a few words to close the deal. It could be as easy as saying, "Would you like a bit of my chicken risotto?" But I would no doubt find a way to ruin it. in these situations I get nervous and instead of saying some clever I say nothing, creating many awkward silences. Writing seems, to be my only outlet to express my thoughts without seeming as if, I'm still, learning the ,English Jan,-,.- guage. Maybe I should start a relation- ship through the paper. I' could. write a column each week sparking a conversa- tion with someone. She would respond, then when we have a good conversation brewing, we could go out to dinner and. read what we have to say to each other, stopping occasionally to ' fake a bit of food and turn the page.. Pathetic isn't it? My night cap would consist of a fine. wine, a crackling fire and a 500-6000 word essay• about how beautiful she looks in the candle light. Man. I need help. Someone call Xzibit and tell him to forget pimping my ride, pimp my game. Who needs a fish tank in the back of a '97 Toyota Corolla? My game's , on life-support, call the nurse. I need 10 CC's of charm stat. I need a panel of professionals to do , a complete makeover of my game. I would suggest Snoop Dogg, for the ghetto side, Dr. Phil, for the sensitive side, and Rico Suave to add a little Latin spice. I feel better now, like a huge cloud has been lifted. Now that I've admitted the problem, maybe others will join me in trying to overcome our fears. Shy individuals need to stand up and realize they aren't alone, and they've always had the key, all they need to. do is turn it. Some say I'm a lost cause, but I still have hope that .somewhere out 'there, there is a beautiful woman who loves a man that can write and baby, I'm a writ- ing Casanova. ORIGINAL CARTOON BY TACE BANDALIN 'AGE 3 Word of mouth How news finds you REBEKAH COHEN Opinion Editor week or. so ago, some friends and I went hiking. It was a beautiful day and, in a restless attempt to escape the busy life f the city, we fled to nature and found solace in the massive trees, dirttrails and fresh air. It was amazing to be only a few steps away from houses, stores and cars, but still feel days away from school, world issues and anything that bus- ied thought -or provoked anxiety. Well, at least we thought so. 'On -our way, back down the trail, we encoun- tered apeculiar man seemingly dressed as though he just stepped -out of the 60s. Rolling a' bicycle fully equipped with a radio and incense, he strolled up to us and verbally delivered the message of the Pope's death. ' We literally came to a, standstill. It was not so much the shock of the Pope's death, but rather the - amazement of current events infecting us in such a remote location. Miles outside of the city, in the' company of wildlife and Mother Nature, we still learned news and world events. That struck me as quite an extraordinary capability. " Word of mouth an incredibly fascinating thing. When I stop and think about how much informa- tion I acquire from someone who heard, saw or read something and then either sought me out or, in the case of the man on the hike, stumbled upon na- ive strangers and felt the need to enlighten, I realize how heavily I rely on people around me to verbally inform me about the world. .,:It was not so much the shock of the Pope's death, rather the amazement of current events infecting us in such a remote location. As I proceeded to hike down the hill, I con- tinued to think about how much trust an individual must invest in -the person delivering the news to them via word of mouth. I mean, who's to say the man on the hike was a credible source? Although there probably wouldn't be much incentive in lying to strangers about the Pope's -death, he easily could have and we would have trusted him just as well. My point being, word of mouth is not a cred- ible source of information. Yet we often, unless the information is completely obscure, believe that it is. This is especially the case with family aad professors. Because they are either related to us or presumably believed to ,be smarter than us, we are more apt to think what they are telling us is the truth. Is word of mouth credible depending on the source, or should we always believe the stranger when he bears plausible information? By the time.l got to the bottom of the hill I was exhausted. I had gone off trail in my stroll through nature and my mind wound up focusing back on all of the issues I had attempted to escape. If it is not the newspaper, the television or the radio, it is a strange man on a bike strolling your way, carrying, a message of the sometimes harsh realities of the world you inevitably cannot avoid. Word of mouth is an -amazing thing; it does not wait to be sought out, but finds you instead. Your onl} role when it comes to word of mouth is whether or not you chose to believe it. ■ UT PAGE 4 APRIL 12,, 2005 :SALAZAR SSU strives Emergencycontrace ion 1-0,1., to make all buildings "It's a fallback for the are more politically thanprofes- for mandatoryconsultation 'MELODY LINDSEY rL unintended situation, its .not sionally charged. by theph'armacist. more' energy of flClent ' Staff Writer someone v✓ • - `effective to be s first An anonymous female The Health Center .is . choice for contraception," -said pharmacist from a Rite Aid also probably the most com- >� Emergency contracep- Dr. Schwartz of the SSU Health in . Santa • Rosa stated that she ' fortable place—in conjunc- tion can be,vital to a woman's; Center. `Teo le need to under- "didn't think the carried it for tion with Planned Parent- p y r� health, especially the health of stand that ft's only effective for ' ethical reasons and personally hoots—for young adults to a female college student. Due'tof , that -particular incident." she wouldn't be interested in obtain EC considering their r ' �A ,the high level of sexual activity Although EC is safe andgetting certified to prescribe it." mission is to help ,students and consequent risk that -occurs" legal, its .availability ranges Out"of .all the pharmacies on campus and 'help with during the college years, "the across the U.S. and is usu- in the area that were contacted, student related issues. - availability of erpergency con- ally contingent on state's and the most reliable and cheap was "The most important traception is crucial to main- pharmacy's religious/ethical Planned Parenthood and the thing is that they're com- .� H taining women's health during beliefs. Over-the-counter EC, SSU Health Center. The cost fortable to come in, said this lime of their lives. , which would make it possible of EC at other pharmacies was Dr. Georgia Schwartz of the - "The 'woman in the end i`s for women to obtain EC without almost twice as much as, the SSU Health Center. the one who bears the cone- aprescription from a doctor and cost at Planned Parenthood and •Ifyou would like further quences of unprotected sex," .. would help the timely nature of the Health Center including an information on emergency • said Hillary Tholen, student. the pill, has not yet been ap- extra fee just for a pharmacist contraception and over -the "A lot of guys sow the seed and proved by the FDA. to consult the patient on the counter emergency con - split." In May '2004, Barr Labo- medication.i, . traception' availability" you JUF O'BxIEx STAR Emergency ' contraception ratories, applied for over -the- The cost, of Plan B—the can visit the following web. 'Some of the large solar panel grids located on the roof of Salazar. 'is a pill commonly known as counter (OTC) status for' their most common brand of EC—is sites. There is also a hotline the "Morning After Pill" that emergency. contraceptive Plan $15 at,the SSU Health Center specifically for emergency CONTINUED FROM Pc1 lines such techniques as photo-• reduces the possibility of preg- .- B, but were given a "not ap- ° with no charge for conulta- contraception, which can i senors and occupancy senors, nancy and is approximately 95 provable" letter by the FDA tion by a practitioner. At Long's -refer women to the closest other things. Such as here, you, and fluorescent lights that use percent effective, The shorter even though the FDA's own • Drugs in Rohnert. Park, the' pharmacy that "provides EC guys have the Rec , Center and 75 percent' less energy and last the amount of time that elapses • expert advisory panel voted pharmacy charges $25 for the and can be especially helpful soon Darwin Hall also display-, up to 10,000 hours longer than between.sexual activity and tak- 23-4 in favor of making Plan B pill including an extra $10 fee for women during travel., ing these -types of renovation." standard incandescent bulbs, ing the pill, the ,more effective over-the-counter. A decision on « The Califomia Energy in addition to the amount it .is. Its greatest effectiveness is . over-the-counter EC was finally' :� x�� Commission, the California of energy you guys are "sav- withinthe first 24 hours after in- set for late, January 2005, but P "' g:q� Public Utilities Commission, ing I think what reallystood iercourse but can be used'within. has been dela indefinitely y delayed Y� � a ` ec�g and other ""industry experts" out about this project is that 120 hours (5 days). for unstated reasons. B gi who are familiar with the tech- it gives students much more The pill is most frequently . Some pharmacies however, r g nology were also involved in exposure and interaction,'•'Was- used after the failure of prima-,' like those in California, cans. -#> the selection process. serman said. "It changes their, ry'contraceptive—like a broken override this by having phar-N. �� g `condom or birth control failure; maty staff gain certification to e A "i think what really stoodout about this f0 eCt IS or because of unplanned or un- provide EC to women without as �# p J p p FFA g, g' that if s students much m giveore exposure and wanted sexual activity in which prescription. But this certifica- ; g a x lacked a primary oontracep- tion is not state mandated, and � �♦ _ �� ` : interaction:": Dan Wasserman tive—like no condom or rape. it is purely the' prerogative of 5 cr a cxx as The fact that EC is de- each pharmacy to decide as to _ � $� �� ' With more 'buildings at perspective on what's possible si ed for ewer encies is also whether or.not the would like � � �� I g Y tel, r �y g SSU striving for energy, , ef- out there that places like office important in that young women to , rovide this• service and et �� $ ' *` ' P Y g P $� r g ficiency, Wasserman saw buildings can have solar panels who take it do not rely on it as their staff certified..�� the advantages in increasing and they don't have to use tradi- their sole contraceptive. I think it should be easier x : x awareness among the student tional coal fire plants and things "Ivly preference would be to access and Chea aper," said Ta- m n ,�R � � 1 010 .a � I? body. The Recreation Center, • like that. that it wouldn't have to come sha Thomas, student. � 1 0 � � Y z x �A . g �� which opened in late .August, Visit wwwFYPower.o to that, said T Dog, an SSU After 'contacting many a,� uses evaporative cooling equip-` for more information and a employee. This ,echoes social pharmacies in the Rohnert Park/ a e N" s$ concerns over the lack of re- Santa Rosa area, it became clear ment that firings in 100 percent complete list of the 2004 award r� tIF outside air that is chilled and re- winners. - sponsible sexual activity, by, that access to EC and physi- circulated: The facility also uti- youth. cians' roles in local pharmaciesk �'� YWRZZ ' 1 that makes our customers' lives easier. Sprint is at the forefront of integrating long distance, local and wireless communication services. , Sales'ASsoclateS (Full and parttime) Amazing Benefits ` Bilingual and retail experience a plus. Serve as primary'point of contact for customers. • Opportunitiesfor advancement ! Medical, dental and vision insurance • Competitive base pay plus incentives • Immediate tuition reimbursement Technical Service Reps (Full and parttime) Bilingual a plus. Provide'equipment-related assistance, including• Abilityto earn weeks' aid time off 401(k) savings program inventory management and wireless equipment testing. " • Holiday pay •.Employee Discount Program ; Managementopportunities also available. . Previous retail sales experience highly desirable for all positions. Find out more by calling (315) 468-M. ` In these positions, take, on challenging projects and make a difference. Closest store to campus: Let Sprint inspire you. Santa Rosa Sprint Store, 2673 Santa Rosa Avenue r --' ® To learn more about Sprint: www.sprint.com/hr Sprint is proud'to bean EEO/AA employer. We value diversity and offer a quality workplace. I i that makes our customers' lives easier. Sprint is at the forefront of integrating long distance, local and wireless communication services. , Sales'ASsoclateS (Full and parttime) Amazing Benefits ` Bilingual and retail experience a plus. Serve as primary'point of contact for customers. • Opportunitiesfor advancement ! Medical, dental and vision insurance • Competitive base pay plus incentives • Immediate tuition reimbursement Technical Service Reps (Full and parttime) Bilingual a plus. Provide'equipment-related assistance, including• Abilityto earn weeks' aid time off 401(k) savings program inventory management and wireless equipment testing. " • Holiday pay •.Employee Discount Program ; Managementopportunities also available. . Previous retail sales experience highly desirable for all positions. Find out more by calling (315) 468-M. ` In these positions, take, on challenging projects and make a difference. Closest store to campus: Let Sprint inspire you. Santa Rosa Sprint Store, 2673 Santa Rosa Avenue r --' ® To learn more about Sprint: www.sprint.com/hr Sprint is proud'to bean EEO/AA employer. We value diversity and offer a quality workplace. APRIL 12, 2005 1 L %wo, T T LJ PAGE 5 -Career Fair assistsstudents. in- unmerjob hunt KATHARINE LIMANDRI This fair will provide students with the op- like to do after graduation. Career Services noted employer,booths they can enter the raffle to win Staff Writer portunity to explore possible summer jobs and graduating SSU senior, .Laurel Quane as a great prizes such as Target and Starbucks gift cards as internships, and to discuss their career plans with example. well as a KAPLAN test prep package valued at over 80 employers from various fields. Employ- Quane "started working for Target in June' $1400. ` With the end of the semester nearing, many' ers from the communications, banking, consumer 2004. She began as an executive summer intern,' Students' who are not able to attend the Ca-. students, are beginning the usually stressful sum- products, education, government, .community completing 400 hours of work. Following this she reer. Fair can visit Career ,Services Monday thru mer job hunt. To help relieve some of the stress, service fields, and many more will be present at Was hired as a Campus Liaison and offered an ex- ''Friday, from 10 a.m. to 4'p.m. in Salazar1070. SSU is hosting the 19th Annual World of Work the fair. Many of the organizations are not only ecutive. position after graduation. She expressed, Here students can find binders with available jobs Career Fair, on Thurs., April 14, from 11 am. hiring for summer work; but for part-time and `This internship was a wonderful, opportunity. to in Sonoma County as well- as neighboring coup- until.2p.m. in the main quad.. full-time positions. find out what job 'I was, interested in. After the ties. "The job market is picking up a lot and col- ' A press release from SSU Career Services internship, I realized that I wanted to work for Students can also visit "Career Services at I lege _graduates are back in demand. The career described the fair as "the perfect time to network Human Resources. The Career' Center has been vrww.sonoma.edu/sas/crc and search jobs posted and summer job fair is a great chance to connect with organizations attending World of Work such . very, helpful. They gave me contact information online. } with many'organizations here to hire students for as The Henry Wine Group, Wells Fargo, the San and helped me write a 'thank'you not after my' Aside from Career Services, students can also i full-time, internship, part-time and summer jobs," Francisco Unified School District; State Farm interview. search for jobs at websites such as Craigslist.com, said Anne. Greenblatt, career advisor and coor- Insurance, Macy's, County of Sonoma, Exchange On top of finding great job opportunities, Monstencom, or Careerbuilder.com. dinator of Career Services at SSU. "This is the Bank and Target." there will be a Career Resource Comer where stu- For further information on the World of . Career,Center's biggest event of the year. -Over 80 The World of Work Career Fair, will not only dents can see what career resources are available 'Work Career Fair or for career, advising, contact companies, government agencies, and non-profit give students options for this, summer, but also to them, as well as have their resume critiqued the Career Center at (707) 664-2198 or visit http: organizations will be present." can potentially help them find a job they would ' by a career advisor. After students have visited //www.sonoma.edu/sas/crc/. SALMON:, SSU,biology studrents help restore localfish population, DEFENSE - Tom Ramos of the RESISTANCE - Lecture presented Lawrence Livermore National by Dr. Myrna Goodman regarding the ' COnNUED FROM PGl mg operations and restoration River and create , an improved .young salmon and trout migrat- Although the trap doesn't work perspective and ,insight to the actions create' a more 'defined fish habitat year-round. I I ing out of Austin Creek on their for all species, it helps to predict career of'a biologist. I ' ' to, form pools and other desir- channel with the help of high To measure the effect of way to the ocean. habitat fluctuations.' Several "I think the Austin Creek t able fish habitat. The combina- flows in winter..This would re- restoration efforts and mining They measure the effect SSU students help to operate project is a good opportunity for tion of these changes in min- connect the creek to the Russian modifications, NMFS traps of the ,restoration efforts with the trap. current SSU students to get ex - In this talk, the Author of the book , a dynamic gravel operation Overall, the restoration ac- posed to natural ,resource man- and wrong with current legal and' -that works like an innovative tions of the NOAA improves agement issues and a chance to problem, and demonstrate how close Redwood Empire Chapter host a we are to ridding the Internet of those green building workshop for building trap that functions by catching the access for migrating adult beef up their resumes." Wednesday, April 13, Doubletree Thursday, April 14, Salazar 2016, the salmon and measuring the salmon and steelhead, as well .'Those who are in search �; - '��'+� € �R �.�•* � response to restoration. as improve rearing areas for of a unique opportunity "to A blue "tattoo" is injected juvenile fish by reconnecting see the intricacies behind the onto the fins of the fish that they the channel to the groundwater restoration process of local -. catch. Then the fish are moved table and re-establishing peren- fish habitat; working with „ upstream to get an estimate of nial pools. NOAA is a great opportunity. the total number of fish coming Dan Logan, a biologist back through. Catching the fish. with NMF S, has worked with iF A y ; n gives them an, approximation the Biology Department at SSU ' g '' " "� of the efficiency of the trap. for several years to give them Cour / / JIM Mn BURY Mining operator Homer Canelis describes to students from SSU gravel mining methods and, stream restoration projects undertaken on his property. March 21 - April 3 COURTESY, POLICE AND PARKING SERVICES 3/219: 19 a.m. Broken window in north parking information center,, 3/22 5:25 p.m. Bike taken from Schulz. 3/22 6:44 p.m. Victim receiving annoying phone calls in Stevenson. 3/22 8:21 p.m. Victim fainted in PE, refused medical treatment. 3/22 8:28 p.m. Laptop computer taken from residence halls. 3/23 9:4.8 a.m. Suspect displaying forged parking decal in residence hall lot. 3/24 9:13 a.m. CD's taken from vehicle in "M" lot. 3/24'8:38 p.m. Fire in restroom in residence halls. 3/24 10:02 p.m. Suspect using fireworks in residence halls . 3/25 1:55 a.m. Suspect cited -for minor in possession of alcohol in residence hall lot. 3/25 9:11 a.m. Stereo equipment taken from fieldhouse. - 3/25 12:24'p.m. Backpack taken from Zinfandel. 3/26 10:58 a.m. Purse taken from vehicle in north lot. 3/26 12.38 p.m. Electric cart struck and knocked down light pole near commons. 3/26 3:33 p.m. Suspect told to. leave campus and not return for seven days. 3/30 2:58 a.m. Electric cart taken from residence halls (recovered). 3/30 2:14 p.m. Window broken on vehicle parked in residence hall lot: 3/31 10:40 p.m. Lap top computer taken from room in residence halls. 4/1 1:03 a.m. Suspect arrested for being drunk in public. 4/1 12:22 p.m. Victim reports receiving annoying phone calls in office in Stevenson. 4/2 1:29 p.m. Suspect arrested for being under the influence of a controlled_ substance in residence halls. 4/2 5:39 p.m. Suspect entered room in residence halls. 4/2 5:50 p.m. Laptop taken from room in residence halls. 4/2 657 p.m. Stereo taken from vehicle parkerl in residence hall lot. 4/2 8:19 p.m. Victim fell from ladder, innjurii transported to hospital -by co=worker. .4/3 1:1.8' p.m. Suspect entered room in resides 4/3, 1:44 p.m. Suspect entered room residence halls. 4/3 1:37 p.m. Stereo taken from vehicle parked in residence hall lot. 4/3 3:54 p.m. Watch taken from room in residence halls. 4/3 9:43 p.m.. Suspect found to be in possession of marijuana in residence halls. PHYSICS AND NATIONAL, THE SOCIOLOGY OF DEFENSE - Tom Ramos of the RESISTANCE - Lecture presented Lawrence Livermore National by Dr. Myrna Goodman regarding the Laboratory will discuss some I research way society forms a resistance and the he has been involved in from design effects of such a movement. Holocaust of the x-ray laser that was part of Lecture Series 4 'p.m., Tuesday, April Star Wars ul tlie�l9$Osstp op n � ..� �,Narro dit�iriu , (7.07j 664-, . t a.1 _ M;technologies_forafigl ting ni c ear' �` , - a proliferation today. What Physicists Do Lecture Series. 4 p.m., Tuesday, OUR LAST BEST CHANCE TO April 12, Stevenson 2006,'(707) 664-,. DEFEAT SPAMMERS, SCAMMERS, 2119. AND -HACKERS -Lecture by Danny Goodman of Half Moon Bay. GREEN BUILDING .STRUCTURAL In this talk, the Author of the book , ALTERNATIVES: A COMPARISON "Spam Wars" explains what is right 'OF FOUR'OPTIONS — The and wrong with current legal and' Environmental Technology Center technological approaches to the spam, and the U.S. Green Building Council problem, and demonstrate how close Redwood Empire Chapter host a we are to ridding the Internet of those green building workshop for building who take advantage of email users. and design professionals. 5:30 p.m. Computer Science Colloquium. Noon, Wednesday, April 13, Doubletree Thursday, April 14, Salazar 2016, Hotel,, Rohneit Park, (707) 664-2577. (707) 664-2667. BOBBY SEALE - The founder and national organizer of the, Black Panther Party addresses proactive coalition -building with activists across the multi- cultural spectrum. Seale is the author of "Seize the Time: The Story of the Black.. Panther Party" and "A Lonely Rage: The Autobiography of Bobby Seale". $5' general admission, SSU students free, 7 p.m'., Thursday,'April 14, Cooperage,, ,(707) 664-2382. IMAGINING PEACE AND COMMUNITY IN A TIME OF VIOLENCE AND CHAOS Award winning author Luis Rodriguez will talk about his book, "Always Running: La Vida Loca, Gang Days in LA" as well as address issues of gang violence and prevention. $15 general admission, $10 SSU faculty and staff, SSU students free. 7:30 p.m., Friday, April 15, Cooperage, (707) 664- 2537. SONOMA SERVES TO HOST NATIONAL YOUTH SERVICE DAY " EVENT - Sonoma SERVES,. an AmeriCorps program based out of Sonoma State University, will host National Youth Service Day servipe event on - Saturday, April 16, at the Laguna de Santa Rosa. This is the sixth concurrent year that Sonoma SERVES has held National Youth Service Day. Previous years' accomplishments have included clearing a memorial trail, cleaning and maintaining the Laguna and the adjacent Barlow Field, and refurbishing an innovative labyrinth. The event begins at the Sebastopol Teen Center at 9 A.M.' - For more information, call 664-2956. APRIL 9 & 10 andAPRIL 30 & MAY 1 -Plant Sales at the Occidental Arts and Ecology Center.9 am - 5 pm on -the days above. Refreshments available. Tours at 10 am. and .11, am. Please bring -a. box .or two to carry your plants in. 15290 Coleman Valley Road, Occidental, CA 95446 -THE WHITE ROSE: GERMAN STUDENTS' RESISTANCE MOVEMENT - Lecture by Ruth Sachs, Center for White Rose Studies.Holocaust Lecture Series. 4 p.m., Tuesday, April 19, Warren Auditorium, (707) 664-4076. ,.,. M T ninmioan pill r PAGE 6 Lte.L t.11 L.L.L Moil Lt I APRIL 12, 2005 The'good, the bad and,,the'Tourgasm, Atmosphere'notup to parfor'-.- Dane.Cooka hug'e'success Dane Cook & crew K.C. SCINTO Staff Writer The name Dane Cook was completely,for- eign to me a few weeks ago and then suddenly he was all anyone talked about. -After hearing great things about this comedian and visiting his web- site once'or twice, I decided to see -him in person. Dane Cook and a few of his friends came to SSU April 2, the first stop in their U.S. Tourgasm. Since the show started at 8 p.m. I thought that get- ting to the main gym by 7:15 would give ine plen- ty of time to find a good seat. I was completely. wrong! The line outside the gym went well' past the bookstore and more and more peoplewere still on their way. By the time we made it .inside, the only seats left were the ones way in the back or in the bleachers. My friends and I opted for the ones on the gym floor, which' were closest to the mini- mally raised stage. Soon all of the seats in the house were filled. People were even sitting on the gym floor next to the chairs to catch Dane Cook in action. The Tourgasm finally kicked off a little af- ter 8:30 ,p.m. with comedian Jay Davis opening. Davis generated a few laughs from the audience, although, the crowd seemed to be saving their, en- ergy for what was to come. It was during this first act that I realized we had terrible seats!. I really'couldn't see much be- sides the people in front of me and the sound was anything but impressive. The acoustics in -the old gym just weren't up for the performance. There was a lot of echoing going on and I found myself, turning to my friend constantly asking what Davis had just said. I know I wasn't the only one to feel this way. "It was hard to see or hear him clearly. It was a pain in the ass! And we were there early too," said Shirley Sanderson, student. The show got better from there though. Robert Kelly came out next, boasting with en- ergy and excitement. The crowd definitely dug . him! I found myself laughing at his humor -the most, even though I'm not the biggest fan of stand up comedy. Next up was Gary Gulman, probably the most well known of the three. Gulman gave the whole Jewish/ Christmas spiel, which generated some laughs even though many of us, had heard it all before. Finally it was time for the main act. Dane Cook came out and received a standing ovation and'the crowd was •extremely lively. -Although I couldn't hear much of•what he -was saying, the audience seemed to love the guy. "I thought he was off the' wall funny! He had a really bizarre sense of humor, but.I thought he was hysterical," said Corinne Ste- phens, student. Cook entertained the audience for about an hour before finishing up with a bit on one-night stands.' After the show he 'and the other comedi- ans signed posters and met with fans. The.line to greet the comedians was quite long so I chose to head home. The night turned out to be quite a success for both the entertainers and those being en- tertained. Although I'm not a fan of stand up comedy in general, I did find myself letting out a few chuckles here and there. However, in the future I think it would be a good idea to hold the event in a more modern venue so that everyone, canhear and see what is going on. CIL I I LIN LASS Staff Writer Tourgasm is grapes, jazz hands; Kool-Aide and waking up at 12 p.m. for lunch for those who, experienced it. For other's this might make you more confused. If you were unfortunate enough to miss the Tourgasm, I am sorry. It was great. Tourgasm is a comedy show, which featured Dane Cook, Robert Kelly, Jay Davis, and Gary Gulman. The four comedians are taking their show on the road to colleges all over the United States. For those of you who are still confused, I was in your shoes until recently. I had no idea who any of these comedians were and I found out about Dane Cook by accident. I was in my friend's car while we were stuck in traffic and he put in the CD. I ended up crying from laughing. so hard. After hearing" Cook's material on the CD, I made a note to look out for him in the future. Coincidently, while reading the- Star a few weeks later, I saw he was scheduled, to come to Sonoma. I got tickets, gathered friends, and stirred up so much excitement that it wasgoing to have to be worth it. Well, the show was definitely worth it. So what if the line from the gym reached practi- cally out to Stevenson? Who cares if the wrist- bands, stuck uncomfortably to people's arms? Does it matter that we couldn't see the come- dians very well or hear parts of the show due to the lack volume emitting from the speakers? No it did not. Crying from laughter was a fine tradeoff for the unfortunate seating and waiting in line. All of those usually annoying circumstances I tried to look at as time to hang out with friends, or as an opportunity to practice my posture so I could see over heads in front of me. Since the gym was full, it seemed like many others were willing to go through the complica- tions to see the show too. The word had definitely got out that this was the show to see.. . I will admit I was only a fan of two of the co- medians, Cook and Kelly. Their material covered a range of topics and being a first time -stand-up comedy attendee, their transitions were easy to follow. Their -work was definitely polished. " As for Davis and Gulman, I was not as en- ' tertained. Davis did do a great job of improvising when the microphone went out but he was hard to follow' and hard to hear. On the other hand, Gul- man lost my interest when he started talking about grapes; I mean really, how long can you talk about grapes? Not to say I didn't find parts of their acts entertaining, it was just not my type of humor. I.guess that is what made the show so popular. I might not have cared for Davis and Gulman but people around .me were definitely laughing -. throughout the show. For true fans of stand-up comedy this was' heaven and the mix of comedians .was a guar- anteed success for everyone. Some attendees preferred one comedian to another while others loved all of the acts. , The show was a great compilation of come- dians and the setting was very raw and•comfort- , able. It wasn't obvious cameras were around, or that there were, famous comedians in the Seawolf gym. They made themselves at home and I'm sure they would be welcomed back anytime. Check out Dane Cook's website with information on all .of the performers at www.danecook.com. It's definitely something.. worth checking out. ems. Special Ch wwuek Hours: Monday,- Thursday 7:45 am- - 6.30 pm Friday 7.45 am 4.30 pm boQksWre Sonoma a da S2turday 11:00 nm' 4 00 pm WWW.M%wofsho .coni q . 1t takes, a little more to make a Cham TM ¢ �3. n jio 4 f ems. Special Ch wwuek Hours: Monday,- Thursday 7:45 am- - 6.30 pm Friday 7.45 am 4.30 pm boQksWre Sonoma a da S2turday 11:00 nm' 4 00 pm WWW.M%wofsho .coni q . 1t takes, a little more to make a Cham TM ¢ n jio APRIL 12, ZUU5 PAGE 7 ea . womenrea -,bodiesY'real st oriesY, MIKE CATrnrEw► , pants and continues work in her underwear. The -;� Staff Writer�SRsW. did what anyone would do four other women follow Ana's lead by doing the FRANK MILLER, AND QUENTIN - He quit the DGA! And to same. They came to realize together that society INFO make things even better he got has unrealistic standards of what beauty:is, and It wasn't about the acting; it was about the ALBA, BENICIO DEL TORO that they are beautiful themselves. message.Josefina Lopez's "Real Women H_ ave �` My personal favorite part of the evening Curves" was performed on Saturday March 19th e�� ;p �£^ 'a r j'n was at the very end of•the night. This is what set at Warren Auditorium. With only five actresses,' tl� " this performance apart from an other la that P P Y play director Manuel Jose Pickett was able to put y�'•. ;- I have ever seen. After the actresses came out in together a funny, entertaining, and powerful per- . , " their elegant dresses and bowed to the crowd at formance. Staff Writer the balance and truce between the completion of the play, they asked the crowd Using just one set, a sewing factory floor,. ay do" or "Once Upon a Time in to stay seated. They wanted to interact with the , the play stars actresses Ethel Birell (Ana), Kh"• = ,.t! crowdand field any questions that we might have. immberly Marchall (Estella), J. Andrea YaYa f 3 + I ' w This proved that the actresses were performing Porras (Carmen), Cristina Marinez (Pancha), and a` .. �` _ #� for the messages. As theuestions were asked and Sojourna Flores-Jennings.(Rosali). The five char - If they had .torn out the pages answered, I began to feelike I was part of a com- acters'tell a story of their experiences as Latina ,ea'�, �� I1'll; �i'�'i, i �� munity. I felt like I was therefor a good cause, not immigrants_ The story is told through the eyes ;R 8 f" � just there simply to write a review of a play. j PY P Y of the main character Ana, a recent high school it. But what is "Sin City" like? One audience member said, "As a fat woman, graduate working in Estella's sewing factory. Ana ter, µ s t you reall im acted me. We have to be proud that y y impacted is on a mission to escape sweatshop life, and atMncE Cni•iivsaw / STAR we are women. For you to be able to take off your first resents her fellow sewing factory employees.Actresses Ethel Birell (Ana), Khimmberly Marchall (Estella), J. Andrea YaYa,Porras (Carmen), clothes and know that you're beautiful, meant a Trying to meet overwhelming deadlines, avoiding Cristina Marinez (Pancha), and Sojourna Flores -Jennings (Rosali) show off their curves on stage. lot to me." Another audience member stood up immigration policies, and trying to meet society's Hughes' Maltese Falcon, Orson and said, "I just wanted to thank you as women standards of beauty, Ana and the other women , Wells' "A Touch of Evil" with for doing what you did in public, not hiding in talk. Ana begins to respect and become fond of have been a huge success.' Key issues such as, story of her `first time." How she was camping dressing rooms. It was really beautiful that we - _their work and the real women that they are. Ana domestic violence, self-image, and immigration with her future husband, and how she peed on could share this." writes about their experience working on the sew- were brought to the surface, but the actresses poison ivy without knowing it, and then had sex' The cast went on to talk about some of the ing factory floor in a journal, practicing with the were able to discuss these serious topics while for the first time. This scene was one of many hu- messages' they wanted to get across in the play. hope of someday becoming an author. mixing in humor. morous scenes throughout the performance. Bringing up issues of sticking together and Walking into Warren Auditorium, I had There was numerous times throughout the On a more serious note, probably .one of the working together, unity and strength. Carmen the' idea that I was going 'to critique the acting, play where the audience chuckled. A crowd fa- main themes of the play was that of self-image. noted that domestic violence, self-image, and im- compare the play to the 2002 movie that I had vorite was when all of the women (except Arra) Realizing that no matter what shape -or size you migration are all 'issues that we as a community previously seen, and talk about the negatives and were huddling around an"adult book' discussing are, you are still beautiful. In one of the final have to stand up to. When one audience member positives of the play. By play's end, my attitude different "positions." "People that fat should not scenes of the play, the women were working in stood up and asked what the main message they was completely altered. The messages offered by , be having sex," said one of the women, "Imagine . the factory while talking about how brutally hot were trying to get across is, Estella answered by the actresses were real and powerful. The acting if you'd never seen "him" until your wedding it is in the room with -not even a single fan to cool saying, "working together to create something could have been terrible, and the play still would night." Carmen went on shortly after to tell the them down. Ana abruptly takes off her shirt and beautiful." Sinfully delicious . SLIPKNOT , one, of the rules so Rodriguez TITLE: SIN CITY , did what anyone would do DIRECTED BY: ROBERT RODRIGUEZ, FRANK MILLER, AND QUENTIN - He quit the DGA! And to TARANTINO INFO make things even better he got ACTORS: BRUCE WILLIS, MICKEY ROURKE, CLIVE OWEN, .JESSICA his friend Quentin Tarantino to ALBA, BENICIO DEL TORO direct a . two or three minute . RATED: R SEX SIGNALS segment, and all you need to RUNNING TIME: 2:06 =' AN EDUCATIONAL, IMPROV ' r know is that.that the segment GRADE: A- COMEDY SHOW DISCUSSING THE ISSUES OF DATING, deals Wjth_ a talking _corpse, TICKETS AVAILABLE IN STUDENT COMMUNICATION, SEX, AND which gave him a directing KRKJuwasz Rosario Dawson. In this story credit. Staff Writer the balance and truce between After watching "Despera- BRUBECK BROTHERS QUARTET the mob, the police and the band do" or "Once Upon a Time in FRI. APRIL 15 @ 7:30 P.M.. & of self defending hookers. has Mexico" one might think that "Sin City" is the truest been thrown off and it's up to they should have been a comic adaptation to a comic book or our hero's Gail and Dwight to or cartoon, with people get - any book that you'll ever see. restore the balance. ting blown back and what not. If they had .torn out the pages You may have noticed from Robert Rodriguez wrote and di - of the comic and pasted them on the previews that "Sin City" was rected those movies so it should to the film reel, I would believe not yet rated until last week and be no surprise that he co -wrote it. But what is "Sin City" like? PRESENTS HIS BOOK, IAM and co -directed' this movie. It's like the old time narrative r "Sin City" is his shape and detective movies of the 1940's , ;5 style almost like he was bom to and 50's with a new millennium TUE. APRIL 12 @ 12 P.M. direct it. He guides us through kick. It's a cross ,between John UNIVERSITY LIBRARY, ROOM the film as a seasoned comic - Hughes' Maltese Falcon, Orson 3001 pro who knows exactly what Wells' "A Touch of Evil" with he wants us to see and feel- at a splash of "Dick Tracy" and CAMPUS AUTHOR SERIES exactly the right time. Though, maybe... Quentin Tarantino's BAD DATES 16 @ 8 P.M. the same problems that are in "Kill Bill vol. 1." ADMISSION: $15-$18 "Desperado" and its sequel are It revolves around three PEGASUS THEATER, MONTE evident in "Sin City." We still stories that are loosely con- „�iXl do not care about the characters. nected, very loosely, which 522-9043 FOR TICKETS A HISTORY OF QUEER SAN The only difference is that in is actually one of the films' .r,,zF THEATRE, SEBASTOPOL "Sin City," it is probably better downfalls. The first story is 823-0177 FOR TICKETS FRI. APRIL 15 — SAT. APRIL that you don't care about them with Hartigan, played bya bill- 16 @ S P.M. 3001 ST. PETERSBURG STRING SUN, APRIL 17 @ 2 -P.M. and simply hang on to the ride.. liant Bruce Willis, who is a cop, ADMISSION: $22 THE ART OF WIN NG: A FRI. APRIL 15 @ 8 P.M. SIXTH STREET PLAYHOUSE, feels Also, at times "Sin City`feels not so far from an older and SANTA ROSA PUBLIC RECEPTION $21 YOUTH/SENIOR a tad under developed but that's meaner John Mc'Clane', who CouxrESY / DIIv1ENSION Fn Ms okay because this is a movie not is trying to catch a rapist/mur- .JIMMY BUFFETT - to be taken seriously, if you- do derer.' Hartigan is as close to a how it dodged an NC -17 rating -you will not like it at all. -clean protagonist as you get. is a little surprising, not just be- So if you are patient you The next story revolves around cause someone's head is dunked are rewarded with . a Well- a mentally disturbed murderer in a soiled toilet or that Aartigan rounded end. If you can get past on parole who is Marv, played actually rips a mans balls out it's the highly stylized violence and by- Mickey Rourke. Marv, the because... no that's why. Maybe gore, which is merely cartoon - protagonist in this segment, is it dodged the higher rating be- ish, you are left with a film trying to avenge the murder cause Robert Rodriguez has a that uses a lot of imagination of his ,prostitute lover, Goldie. lot riding on this film, like say and creative brilliance to pretty The third story takes place in his future. The Director's Guild much start a new,genre all of its old .downtown Sin City with of America (DGA) wouldn't let own, making "Sin City" a new - Dwight, played by Clive Owen, Rodriguez give Frank Miller a age classic and the best comic and head hooker Gail, played by directing credit because it broke book movie ever made. SLIPKNOT , LUIS RODRIGUEZ TUE. APRIL 12 @ 7 P.M. , AWARD-WINNING AUTHOR OF SLIPKNOT THUR APRIL 14 @ 7 P.M. LUIS RODRIGUEZ TUE. APRIL 12 @ 7 P.M. SSU•COOPERAGE AWARD-WINNING AUTHOR OF HP PAVILION, SAN .JOSE PAUL KELLER 217-1776 FOR "ALWAYS RUNNING: LA VIDA, WWW.TICKETMASTER.COM FOR. INFO LOCA, GANG DAYS IN L.A." TICKETS FRI. APRIL 15 @ 7:30 P.M. CAMPUS AUTHOR SERIES ADMISSION: FREE TO SSU SEX SIGNALS MARCO CALAVITA, STUDENTS $10 FACULTY & =' AN EDUCATIONAL, IMPROV ' r -' ASSISTANT PROFESSOR _. _: _.. IN DEPARTMENT •�.STAFFcI;r$�.5, GENERAL. —. ;. COMEDY SHOW DISCUSSING THE ISSUES OF DATING, THE COMMUNICATION STUDIES, TICKETS AVAILABLE IN STUDENT COMMUNICATION, SEX, AND WILL PRESENT HIS BOOK, UNION 664-2382 FOR INFO DATE RAPE ON,COLL_EGE APPREHENDING POLITICS: CAMPUSES. NEWS MEDIA AND INDIVIDUAL BRUBECK BROTHERS QUARTET TUE. APRIL 12 @ 7 P.M: POLITICAL DEVELOPMENT. FRI. APRIL 15 @ 7:30 P.M.. & FREE TO SSU STUDENTS THUR, APRIL 14 @ 12 P.M. 9:15 P.M. SSU COOPERAGE UNIVERSITY LIBRARY, ROOM ADMISSION: $25 664-2217 FOR INFO 3001 LUTHER BURBANK CENTER, SANTA CAMPUS AUTHOR SERIES A PERFECT GANESH 546-3600 FOR TICKETS STEVE ESTES, ASSISTANT THUR APRIL 14 @ 7:30 P.M. PROFESSOR IN HISTORY, FRI. APRIL 15 & SAT. APRIL DEAD SET, .JOHN BURDICK. PRESENTS HIS BOOK, IAM 16 @ 8 P.M. FRI. APRIL 15 @ 7:30 P.M. MAN! RACE, MANHOOD AND SUN. APRIL 17 @ 2:30 P -M- ADMISSION: $5-$10 THE CIVIL RIGHTS MOVEMENT. ADMISSION: $24 GENERAL & SEBASTOPOL CENTER FOR THE TUE. APRIL 12 @ 12 P.M. $21 YOUTH/SENIOR ARTS, SEBASTOPOL UNIVERSITY LIBRARY, ROOM SPRECKELS PERFORMING ARTS 829-4797 FOR TICKETS 3001 CENTER, ROHNERT PARK 588-3400 FOR TICKETS DEATHTRAP CAMPUS AUTHOR SERIES FRI. APRIL 15 - SAT. APRIL NAN ALAMILLA BOYD, BAD DATES 16 @ 8 P.M. ASSISTANT PROFESSOR THUR APRIL 14 — SAT. APRIL ADMISSION: $15-$18 OF WOMEN'S AND GENDER 16 @ 8 P.M. •. PEGASUS THEATER, MONTE STUDIES, PRESENTS HER SUN. APRIL 172 P.M. RIO BOOK, WIDE-OPEN TOWN: ADMISSION: $1520 ; 522-9043 FOR TICKETS A HISTORY OF QUEER SAN SONOMA COUNTY REPERTORY FRANCISCO To 1965. THEATRE, SEBASTOPOL SIC WED. APRIL 13 @,.12 P.M. 823-0177 FOR TICKETS FRI. APRIL 15 — SAT. APRIL UNIVERSITY LIBRARY, ROOM 16 @ S P.M. 3001 ST. PETERSBURG STRING SUN, APRIL 17 @ 2 -P.M. QUARTET ADMISSION: $22 THE ART OF WIN NG: A FRI. APRIL 15 @ 8 P.M. SIXTH STREET PLAYHOUSE, RETROSPECTIVE ADMISSION: $24 GENERAL &. SANTA ROSA PUBLIC RECEPTION $21 YOUTH/SENIOR 523-4185 FOR TICKETS WED. IAPRIL 13 @ 6:30,P.m., SPRECKELS PERFORMING ARTS - CHSA MUSEUM AND CENTER, ROHNERT PARK .JIMMY BUFFETT - LEARNING CENTER IS LOCATED 588-3400 FOR TICKETS SAT. APRIL 16 @ 8 P.M. AT 965 CLAY STREET, S.F. HP PAVILION AT SAN (415) 391-1188 x 101 FOR SOUND TRIBE SECTOR 9 .JOSE, SAN JOSE, CA INFO FRI. APRIL 15 @ 8 P.M. WWW.TICKETMASTERCOM FOR . WARFIELD,-SAN TICKETS THE, MARRIAGE OF FIGARO 'FRANCISCO, CA WED. APRIL 13 @ 7:30 P.M. WWW.TICKETMASTER.COM FOR U.C. SANTA BARBARA DANCE FRI. APRIL 15 — SAT. APRIL TICKETS CO, 16 @ 8 P.M. SAT. APRIL 16 @ 8 P.M. ADMISSION: $30 WAKE THE TOWN AND TELL ADMISSION: FREE TO SSU CINNABAR THEATER, PETALUMA THE PEOPLE- REGGAE EVENT STUDENTS & $5 GENERAL 763-8920 FOR TICKETS A BENEFIT FOR STUDENTS SSU P.E. BUILDING DANCE FOR MEDIA DEMOCRACY AND STUDIO 1 .JONNY LANG ACOUSTIC BAND PRQJECT CENSORED - ' 664-2353 FOR TICKETS THUR. APRIL 14'@,8 P.M. FRI. APRIL 15 7 P.M. - FILLMORE, SAN ADMISSION: STUDENTS FREE, BFA EXHIBITION, PARTS FRANCISCO, CA •$10 ADVANCED, $12 @ DOOR, ON VIEW THROUGH SUN. APRIL WWW.TICKETMASTER.COM FOR TICKETS ALL AGES SEBASTOPOL COMMUNITY 17 UNIVERSITY ART GALLERY -CENTER (390 MORRIS ST., 664-2295 FOR INFO BOBBY SEALE, SOCIAL SEBASTOPOL) ACTIVIST AND CO-FOUNDER OF TICKETS AVAILABLE AT SSU THE STUDENT UNION BLACK PANTHER PARTY MARGAUX AT 696-5511 FOR INFO b �1 TA 1001, -1 '10, f PAGE s V L VL VL t.l L 4 111 too APRIL'1212005 Zoos "rain n dor �ea�� trainrngor Personal trainers are available in the Rec Center to keep you healthy' and in shape TRACY JOHNSON tional session is $12. Staff Writer There are three trainers: Travis Sleighter, ;.a 'Charley Alejos and Yael Mourad, all of which are � �-4 students here at SSU; either majoring in Kinesi Day in and day out, many college students ology or Pre -Nursing. Being trainers helps them- g are trying to get in shape. It's not a secret that apply the skills they learn in their kinesiology i $44 working with a trainer nearly 'guarantees results, majors, and allows them have a hands-on learn r and it's more .apparent than ever that most celeb- ing experience in their field. You. can pick which rities are getting those rock hard bodies with per- trainer you want, or have one given to you. sonal,trainers. Now, if only me could ALL havee-a Now, just because this is the Sonoma State trainer to help us reach out fitness,goals. Believ6 Rec_and these are students, don't be fooled; the - it or not, you can whip yourself into shape, losing, trainers are all well trained. Travis Sleighter said; p ` that infamous "freshman 15" or bulking up with a "[The trainers] are required- to take certain classes personal trainer at,our veryownRec Center. beforebeing eligible:" .."I spend time with them Normally, a trainer would cost ,in the high teaching them practical hands on experience in all " hundreds to maybe even thousands of dollars. At aspects of training from cardio -vascular training" the Rec, it's a fraction of that cost, with the same to proper program design," he added. "Before , s ' million dollar results. As part of the Body Works. being allowed to work with a client, they are y, Personal Wellness program, students`cair have a required to go through a 15 -hour training period ' a" •. rPH .: number of assessments done, along with personal , with myself where they have to demonstrate prop- training sessions. er knowledge through teaching me; dealing with A KK�a n. The first option is a nutritional assessment, specific case studies and taking sectional tests." offered for $12, which is a nutritional analysis Each. trainer is also qualified in other as- ,, �: �m� based 'on past eating patterns, and amounts body pects. composition and exercise regiment. The caloric "The trainers must be on top of their stuff: Fes.} :;tea aF the clients goals., For a body com osition assess- of•their schedule and flakes on people wont fly, Brealan g p� la_ value from the data is then confim,,.�� based upon Having someone who can't keep a good handle I b�"" _ P - _ JO --N .� � STAR ' y g people g y p � � a sweats Haven a personal trainer is intense, but well worth it! went, ,which is also skin folds on various says, Sleighter. "These are eo le who exercise • parts of your body are measured to find the per- - , themselves and have a'love for fitness gnd,wh6 "I've been trying for a while on my own to agrees, saying that he "likes seeing improvements centage of body -fat versus lean mass. A combi- seem•like, they have a good knowledge base. Last= get in shape; and I never seemed to get the results in my clients bettering themselves. When you feel nation of,both body composition and nutritional`ly, the most important aspect is their optimistic 'I wanted. So finally, I decided to whip my butt like you're helping someone`improve themselves, assessment costs only $18:. personality'because this is a people job you have into shape and try it out," she said. "If I was go it's always rewarding." Then, of course, there is. the fitness assess- to be flexible and capable of communicating and ing to get rid of that `freshman 15' and get it right, Another 'huge benefit to these programs is mentl personal' training. Body Works personal meshing with a wide range of individuals." I was going to do it right. So far, it's been great. making friends. "Charley is great. He's, super trainers will utilize the fitness assessment along Although a lot of what the trainers learn in The workouts are killer,. but I'm, doing exercises I friendly and, we get along really well, which with medical' history and individual goals to de-' their kinesiology classes is applied to their pro-- never 'would have known about before, with stag takes a lot of the intimidation off. I don't feel like ` sign, implement and monitor a fitness -training grams, many of the exercises are picked up from` bility balls and so forth." I have a trainer there making me feel weak, he's program. The fitness assessment consists of body other professional sources. Along. with being a Not only are the workouts rewarding for the my friend. It's a lot moire fun when you can crack composition assessment, finding your blood pres trainer at the Rec, Charley Alejos 'works at 24 clients, but also for the trainers. Sleighter says he jokes back and forth, but he,also encourages and _ sure, a'range of motion test, muscular strength Hour -Fitness and has trained with,certified train- loves "meeting so many people with my jobs I pushes you," Sleighter said. "Trainers are not just assessment and. the nutritional assessment. This ers, from which he picks up different exercises . have had many rewarding experiences and really repetition counters; we -are also friends, motiva- assessment, along with personal training sessions, and ideas. grew as an individual with personal training. I've tors; counselors and life changers" costs between $72' and $150, with a minimum of Alison Hughes; a junior, has been working" found that I enjoy motivating and. watching peo- four sessions and a maximum of ten. Each. addi= out with Charley for three weeks. ple change their lives through exercise." Alejos Dance. -with Alpla'Xi, also learn to take care of-farm---gls d= -10 -Tor couples,- and L % ALYc1A CAHiL'L x y r +r •-':r;7 ,-,�r:.s� ,.,•ja`,. -l�. ea y;�.� •� T :BC.�° art'v p31i x.a� animals and d6n0 c ets, Staff 11Vnter p 1'1id�!i or a 'group oflip��to five ?: + F s, . farm also has an animal adop- people. The event will be held tion, hospital and mentoring at the University Commons and . It's official, whether I like r. only knew what I know now. On Sat. April 16, ' sorority programs. tickets willbe sold,at the door. it or not, and my heart is racing y I hate to get sentimental Alpha Xi Delta will"bp hosting. When asked, about the Alpha Xi members will also be just a bit faster than normal. this early; but it's' really 'quite their first annual "Dance -A- Dance-A-Thon, Angie Bonnert, selling tickets in the main quad, With spring break behind me Tim SHIsLER sad when you think about it. Thon" to raise money, for the ' the Public Relations Director'of this week. and .the last two months of col -STAR Columnist I've lived the life; drank beers, Forget -Me -Not Farm in Santa the Forget -Me -Not Farm,'said, "I am really looking for- lege staring me straight in ,the happy -hour every Thursday, Rosa. This will be Alpha 'Xi "it's terrific."'' The Forget -Me-, ward to the Dance-A-Thon, ; face,,the sudden reality check of day. Max, Carson and Justin worked ,the ' part time , job, Delta's first signature event and Not_Farm 'lost its funding due because this is the first time the real world.sets in. were all great guys the first year juggled school, social life, and the girls are optimistic about it to budget cutbacks. The, money in a number of years that Al- Aftef four years, count- and the next. every other challenge and now and hope that it. will raise a lot raised by Alpha Xi Delta will pha Xi. Delta has put on such less classes, hundreds of hours; • Junior year I switched it up to keep- it going, grad.school is of money for the- Forget -Me help give the farm money to a large-scale philanthropy like, studying, thousand of 'words' and moved in;with a guy named the way to go. Not Farm. help keep the farm's programs this. All the girls in the chapter.: read, a few hundred beers and Lane Matsui, yes the outspoken It's ok to he lazy in col- " The Forget -Me -Not Farm available to children who oth- are really excited for the event, : enough late nights, to give me Hawaiian who,speaks Pigeon, lege. For some reason people is a nationally 'recognized', non-'erwise would, not have, such a where they' will get to spend the permanent. red-eye, I'm' finally Joe Picolla—the '.crazy Italian , just don't seem - to hassle you . profit organization that' works program. "We want to continue ' evening dancing and having grown up and ready— ok rather with the lazy left foot when he the way, they do when , you're with children who are victims to serve kids decades to come," fun alongside students from forced—to take, the plunge and dances—and Drew Whalen— done. Itseems.for some reason, . of abuse and neglect.. Started' in . said'Bonnert. organizations all over campus, meet what ,I've been preparing the smart sophisticated one who . once you get that piece of paper. 1992, the program has helped Doors will open for. the all for agood :.cause!" said for the last 22 years of my life. is always in shape. • there is an expectation to go'out breakdown the cycle of abuse Dance-A-Thon at � 8:30 p.m. .Angela Flood, the Signature Andeven though I'd It . seemed that my junior 'and change the world, but what . With animal and horticulture Tickets for individuals to at- Event Chair of Alpha. Xi Delta.' never say it out loud, I'm a bit - year was -the best year `yet. happens if I just want to hang assisted therapy. Children learn tend, :but not compete, $5, 'but For more information on the scared. Not because I now may . Finally grounded, our friends out on the river and spend'some about life by planting seeds and if you wish to compete for Dance-A-Thon contact Angela be forced to confine my •world ranged from super seniors to time finding myself? watching them grow. They prizes will be $5 for iridividu- at fioodCiPsonoma.edu. between three four -foot -high- freshman, as we moved into Whatever the answer; I walls, or work a job from to the new Beaujolais apartments must not get lost in the feeling of eight to five, but'mainly because and took over. Life was full of 'the eternal frustrationahead, but UpWest Arts1 Associated Student Productionspresent I'm 'wondering if I did enough wild parties,: chill classes, late focus on the last two months'of in college. night -hot tub runs and some of the best time in my life: That's Throw the academic - the most exciting in -dorm beer only eight more' weekends, . bullshit aside,'the long weeks at Olympics ever. seven more•weeks of class;'and the Star and any other,"respec- Senior year, I found myself fifty-five nights to goof-off and Live" waste of my time; and. in a house with Toe and Drew''- screw mound. My friends'�the what 'it comes down to is hang- Lane now lives on Beverly as best in the world -1 don'twant ing out with my friends.. I'dyou might• know from a late to leave and it's getting :hard. 'be the first to say that for four- night party or two—and every- I just wish I could -go back `to years I was given the chance to thing changed. Suddenly,I was those first days bringing -in box - live with the best people in the the old one. At parties there es, embarrassed by my parents, world. really weren't that many people; longing for the.four years to be My roommate freshman older then me. I was meeting over. It's official now; whether f , year, Hollis Kelly, was a perfect new people all the. time and they I like icor not, two more months guy. We never fought, got along would say stuff like, "Ya I got before -I'm done and .into ' the great, and grew up together three more years," or "I can't dark abyss—the real world. from the first uneasy wait to get off campus." If they APRIL 12, 2005 PAGE N.6 such thing asa" s 'n RACHEL NICHOLS skin's pigment cells. Using 'a tanning 'bed Staff Writer - causes a deeper damage that, in the end, a . may prove more harmful than the sun's �7n rays. --� Indoor tanning is no day at the beach. When exposed to ultra -violet (UV) According to results from recent epidemio- radiation, the skin begins to produce a pig- cancer," said Megan Smith, junior. "A lot logic studies, a tanning bed is like a ciga- went called melanin to protect itself from of people seem to get addicted to tanning rette for your skin. Young adults, especially burning. It is the production of melanin that 'beds and their skin starts looking orange females, are among, the highest population causes the skin to darken and produce the and unnatural." of users of tanning beds despite the risks tan. The production of new melanin takes The FDA does not recommend the and potential effects they can cause. • three 'to five days. Most people who use - use of indoor tanning equipment, as they Many students are not even aware of tanning beds pay for an unlimited month believe that there is no such thing as a safe the risks of tanning before they fry them- membership and use the beds on a daily tan. Just one sunburn increases your risk for selves in an indoor bed. basis, which doesn't give their skin time to skin cancer. "I'd really like to tan before the season produce an adequate amount of melanin to Other students are finding alternative gets here; but I'm just not sure of the risks," ways to, tan their skin without exposing said Liam Thomas, freshman. "If I found Using a tanning bed causes a themselves to the tanning bed's harmful that the risks were harmful enough, I would rays. definitely not consider indoor tanning." deeper damage that, in the end, "Tanning beds started to scare me when Tanning beds have an appeal especially may prove more harmful than the I heard about all the risks, so I started to do to those with, pale and freckled skin, as it, `mystic' tanning," said Alexis Furkioti,' is harder for them to tan in the natural sun. Sun S rays. junior. These people use tanning beds because they "Mystic" tanning is becoming a, popu- can finally.get tan without spending all day• protect against UV radiation damage. Re- lar and safe alternative to indoor tanning in the sun. This skin type is also the group searchers also found that most people who , beds. "My§tic" tanning is a UV -free tanning that is more at risk when exposed to the develop skin cancer when they are older got booth that uses a touch -free, spray on tan - bed's harmful ultra -violet rays. it from skin damage done before they were ning technique that takes about 60 seconds "I use tanning beds to get a base tan be- 25 years old:. and will last for about ,one week. fore it starts getting hot out so I don't blind Researchers are currently doing more "[Mystic tanning] is more expensive everyone when I get into my bathing suit,?' in depth studies on indoor tanning that may. than using a tanning bed but it's worth it. said Erika Ryan, senior. support the notion that damage to the im- because you don't have to worry about get - The biggest. risk that tanning, as well mune system and a higher risk for cataracts ting skin cancer," said Furkioti. "It will cost as natural sunlight tanning- imposes, is skin, may also occur from indoor tanning. a lot more to get rid of skin cancer caused cancer. However, 'natural sunlight activates "Knowing the risks ' keeps me from by the tanning beds than it would be to do the melanin in your skin, while tanning beds tanning even though sometimes I am re- "mystic" tanning." attack the blood vessels deeper in the skin, ally tempted. I wear, sunscreen every day making them change color instead of the because ' I am afraid of sunburn and skin 'Sleepour to a better I ifeY way Y _ Lose weight, be happy and feel -great - REST UP! MONICA OLNERA . are so sleepy during the day that just dismiss the possibility of . eating right and exercising., Staff Writer it interferes with their daily ac- having a problem. However, So tonight, I demand that tivities — including driving. besides being tired, irritable, you all get some sleep. It's not According to the National and cranky, these disorders' do only good for your health, but =It, is a menacing threat to Highway Yraffic Safety Admin- not only affect your .daily life, for your academic career, physi- our- well-being, poor health, istration reports, drowsy-driv- they have also been associated cal health and love life. dower productivity on the job, ing averages at least 100,000 with serious conditions such as .more danger on the roads and crashes in the United States hypertension, stroke and rapid according to;more recent news, =. ease nsk of obesity. _each year. Sadly enough, these :figures may be underestimated weight gam. k - �. Althoug$- ifs devastatmg The subtle m ion of Wand incredibly misleading since and seemingly transmittable ' this •epidemic is fai� worse drowsy -driving is commonly attack on humankind seems than drugs, alcoholism or any underreported. I unending, there are ways in other danger to society, simply Although many individuals battling this problem. Simple because it affects more than deter their problem in denial, the solution: go to bed if you are three-fourths of the American lack of sleep is one of the most sleepy! But more importantly, population and close to 85 per- serious issues' that Americans, individuals need to just remem- cent of the college community. , especially college students, face ber that sleep is not an expend- This horrible nuisance does not today. '_ able or optional part of life. It just harm a minimal' area, but Those who are struggling is essential to maintaining your essentially every aspect of its with sleep deprivation might physical balance, along with ' victim's life. In fact, I am a witness to the overwhelming and detrimental toll it can. take on a person. I have experienced the evils of its wrath—face-to-face, mano- y-mano. This savage culprit is more powerful. than ever and yes, you guessed it:, sleep de-. privation. Two weeks ago was Na- tional Sleep Awareness Week, ' supported by, the National Sleep Foundation to combat America's unfortunate sleep debt. At the event, partigipants and spectators discovered that more than 40, percent of adults 'row UW ty Colybmla'includm OwCdkgeof Mwatlori, College of Pharmacy, College of Hwhh Sciences and College of Osteopathic Medicine serving -the jwdc commitment to community Touro University - California 1310Johnson Lane Mare,Island,Vallejo,_CA 94592 707-638-5200. www. tt.edu . Plan to attend an _Q en 'House' 'For the College of Education & College of Pharmacy Wednesday, Aprli 20m 5:30 - 5:00 p. mi On the Mare; Island campus RSVP: 707-638-52oo or wwwaxedu Touro University offers Multiple subject, single subject and specal-education teaching credei}tials 4. Master of Arts in Education Administrative Credential (pending approval) "I want warm weather so people won't"wear Uggs anymore! I am so over them, I was never under them!" Alyssa Frazier, junior ' Business Administration "I'm excited to check `out shirtless guys in, the search for my very own 'Nick Lachey!" Ashley Stilleson, junior Hutchins "All I can think about is surfing. With the sharks here in Nor -Cal!" Lorraine Harpur, junior Sociology "I -can't wait to lay -out by the Zin pool naked to scam on freshman boys!" Kaitlin Munz, junior Communication Studies Part time, lull time, Thursday; Apri1,14 summer,jobs, 11:00 AM - 2:00 PM -and internships —] n t On the Quad V Enter to win the grand prizes,- ipod Shuffle or KAPLAN test prep package valued up to $1400. Also, gift certificates from Starbucks and Target. Career Peer Mentors can review your resume on the quad Tuesday 4/12 - Wednesday 4/13 -12 -1 PM Or get your resume reviewed during Drop -In Hours with an Advisor Tuesday 4/12 - Wednesday 4/13 -10 - 4 PM Info: 664-2198 - Salazar 1070 Organizations Attending WOW! Appleone Nelson Staffmg Solutions Bay Area Star PACE Supply Corp. Bay Respite Care Panda Express Blood Bank of Redwoods Peace Corps Brinks Home Security Results Radio Buckle Robert Half International CA Highway Patrol' Sacramento County Probation Camp St. Michael San Francisco Unified School District Construction Protective Ser.' Sonoma Developmental Center Crosscheck, Inc. SSU American Language Institute Cultural Homestay International St. Vincent School for Boys CYO Camp %State Board of Equalization Dept. of Transportation State Farm Insurance Easter Seals Camp Target E -Myth Worldwide The Henry Wine Group Exchange Bank The Sherwin-Williams Company .Frito Lay United States Marine Corps Hertz Rent-A-Car US Army Petaluma Recruiting Sta. Investors Bank & Trust Wells Fargo Bank Macy's Willow Creek Treatment Center Marin Conservation Corps Winzler & Kelly. Inc. Marin Day Schools/Bright Horizon' Marinwood Community Serv.District 1 • PACE 10 APRILI2, 2005 Brown bagIt with SSU authors: Professors. share their published works with students at luncheon MELODY LINDSEY 'tlnyAe Estes AasistittIEtla Agril . i�oer',,: Asti l�€�rs etitrt:►Etcxlt�luFbotwen STaFF WRRER Profes x iia �istta�ty$ present his l k, "I Asn sistant Professor of T'hilosoph ,, has wxitten bench culture and global chocolate culsine. Man! Dace,; Manhwd and the Gail Rigbu an important and original wor '*Sounding University Chef Mair Dier�ing offers a Ever wonder. what SSU professors do when Mov11L" theAbyss: Rilingt tell and Docllocoate triYttstron. they're not teaching? Come find out at SSU's rida." newest lecture series, Campus Authors! This - oduesday, April 113: Nast Alamilla Last week's authors who spoke were series is hosted by the SSU Bookstore and Uni- Bo iiaal�€t,:a•;fxn's ud "des aril€t' Lyttnela row, A- versify Library, and highlights SSU professors' fender studies," presents her boc3%, `Wi& sistant Professor' of Music, ins also a sdi Jtst AprO5; Marilyn 3udlr y: Brtwley, Sociol- own literary work and research every I esday, Cap Town- AHistory of Queer San Francisco with the Pacific Mozart Ensemble. Under the ogy lectin leads off with her co-authored Wednesday, and Thursday from noon to 1 p.m. to fir ' direr ori of trc Nappo and,rtnttt as essay, "Cultwe Qa"Med 4,De tons' from at Schulz 3001 in the library. The series will be It Pacific, Mom Eusomb e so`lois" Mew Veleatibgllerrorigin Developing Dlrea ns.—p running throughout .the month of April; the,5-28 Thursday, April 1.4; Marco Calavita, As; participated in Leonard Sera teiWs Mass stv- Beyond 9/11 and Iraq War" by Arthur B. and includes a discussion and book signing at , sistant mfesso in the Departme Of Cs�» corded-in2Wg which nzlgina L .lyre €fid Sims k.. each lecture. znutliea on ; titdW will "resent !As' boalt, in 1��"1 -at the;" dpeoiag' f .i06:'� Kemwy The book topics that will be discussed range "Appresht'atdng Politics: mews Media and Center for tbe)?erfqrming Arts, April Ct:'' Debora Hammond, Assistant from LatinAmerican revolutionary novels' from 'TttdividiW, Political 0eveio rtent.-°l 'eduesay, April- 27: WIWAm Babes, Profmor and Provost of the Hutchins Sohool b the 1920's, an analysis of the development of ' I?eati,rsf the Ads std n€ t xnities fret e itis, off;iberal St dies,. Il read' front her laoctC queer communities within San Francisco, to an Uesday, AWD 19: Lir Thach & Panel, fifth and last in his St, `di John detective series, e Science of Synthesis: Bxploting,the So; exploration of French culture and global choco- ' •Assoc t� Professor of Business 4dminist:ra- "St, J'ohn's Bid." c141 Implications of Synthesis!` late cuisine. The latter discussion which will be iron, -slid la: A �loi:l�usiness." held on the last day of the series, and include a Ua sday, ,April 28: Suzanne Tocxy4d, April ?t Elizabeth Coanrod Martine?, lie- chocolate demonstration by University Chef Mark Wedaesdn14"April 20C'nao Conley} Department Chair of Modern Languages and part emt Char for Chicano mid Latino Stud-- Dierkhising. ttgllsh, ^ s t ht I ritex ttti . ThOW M'VOXY few, Who I don't iA.ye" ', ret nrestatg fbt'e `lfieBoot: La a Merz Lectures are . free and open ,to the tesidence and finita and editor of °'Volt, will o chocolate in ztll forms.'' it is centuries old. canRevolutionary Xrtivels of the I920s," public. For more information visit http:// present he newly? released book f paetxy, "Chocolate l rerxCh," with its forward Writ bookstore.sonoma.edu/Events/events.html or call, 'tom by Trsczy*, taken x�aders ehocOlft (707) 664-2259. ADDERALL'Sidemeffects. more'dangerous than once thought,, COnNUED FROM Pc 1 most likely consider taking Adderall if side effect. Other common side effects much. information to remember and, Adderrall, however, is an . am - I thought it would help." include dizziness, nausea, jitteriness, barely anytime to study, if you're'a stu- phetamine meaning it- does have the lege students have also found that the, Adderall, however, is a prescrip- headache and dry mouth. dent trying to help out with family and potential for being abused by users. drug has a more profound effect than tion drug, which makes it illegal for "The drug could also bring out hold down a part-time job.". Many students find they like the effects caffeine and -other over-the-counter those not' suffering from ADHD to ticks in some people and, in some Those taking Adderall for its stim-, so much they have no problem taking stimulants. As a result, Adderall has' have. Yet with over 32.7 million pre- cases, even bring about psychosis for ulating effects may be putting them- the drug again. quickly gained popularity among col- •scriptions written for patients since its 'long term users," adds Cutler. - selves .more at risk than they realize. "If I could get my hands on it lege students. FDA approval in 1996, college students Despite these negative side effects, A number of the 12 patients who died again this semester I would definitely "The drug has a more dramatic have been finding different dosages of some students continue taking the drug. while taking Adderall had only taken take it again," said Frances. and longer lasting effect than other the drug fairly simple to obtain. The "A lot of things have negative side ef- the drug a few times while others had Students' dismissive attitude about stimulants," said Dr. Scott Cutler, a . drug is available in dosages of 5, 10,_ fects," said Frances. "It wouldn't be been on the drug for up to eight years. using the drug concerns doctors and physician with the SSU Studant'Health 20, 25 and 30 milligrams. something I'm worried about because Students choosing to take the drug psychologists. Dr. Michael Daine, Center. "The effects are more intense - "I got it from , a friend of mine I'm not taking it everyday." may also be unaware that those suffer- director of SSU Counseling and Psy- for some people." who has ADHD," said Frances, a SSU Frances and many other students . • ing from heart problems are putting chological Services, says he has heard College students hoping to survive student whose name has been changed chastise ,those who take the drug as a themselves at risk for death. about the Adderallphenomenon for a late night cram sessions and last minute to protect her. identity. "I took it last se- way to maintain -an active social life Though Adderall can be habit , long time and cautions students about papers have found that Adderall makes mester during finals week because my and study at the last minute. Hernandez forming, students taking the drug re- 'its stimulating effects_ a good study aid, especially in times of, friend said it -would help me concen- , agrees that it should only be taken in fuse to believe that there is a possibility `"Students think it's -going to work, intense pressure. trate and focus." Frances says she be- time of intense pressure and stress. they can become dependent on it: but it usually -doesn't end up worldng "I'liave`triedNo-D'oze dhd coffee, "gan by taking 'a 10-milligram'pilfthen',' "I' Wdiw&'neijer "take if if `1 was - ""I've''tried"other sniff and I've in,the long -run'," said Dame:'"People but 41eithbr, seemsi to ,reallydd;• much " next'tried the 30 -milligram dosage. only cramming ffor one test,'} said Her- ' never become addicted to ariy of it so, really need to be "careful 'ab'out using for me anymore," said Monique Her= She added that the drug made it nandez. `But I ,would probably take it it's unlikely I would get addicted • to `any type of drugs to help'them study." nandez, a student at SRJC. "I would difficult to sleep, which is a common during finals week because there's so this," said Hernandez. 11� loin us this summed 2;u M, M For more information contact SSU School'.of Extended Education at 707.664.2394, Stevenson Hall 1012. MtA STATE UNIVERSITY. SCHOOL OF EXTENDED EDUCATION' �. 0 APRIL 12, 2005 . .......... ... ------------ S-P__OT�S Round 1: SSU boxing enters the ring' Seawolvesstru to_ recover from road trip NICK AGIUS Staff Writer While the saying -goes that home is where the heart is, the SSU baseball team is hoping to find some wins there as well. With 14 of their final 15 games being played at Seawolf. Diamond, the Seawolves look. to turn around their season that has seen them hover around the .500 mark for the last month. Unexpected letdown: Coming off a year where they were one win'away from the NCAA Division H College World Series, the Seawolves find themselves with a 1648 (11-12 in CCAA play) re - PAGE 11 cord, in fifth place in the nine team • ALEX GRENELL will focus on during the Staff Writer Sunday training session. remaining in the season. Losing six On Sunday, there willbe a No Ace, No Problem-, variety of workout sta- `It's the eye of the tions, each focusing tiger, it's the cream of l on different aspects the fight ... and he's , of one's body or , watchin' us all in the boxing skills. eye of the tiger..' "There would You know be a jump rope' that when this station, footwork hot track hits, it's station, - dodging on 'like Donkey station, etc," says Kong. That's what's Bei. bumping out of the For all those speakers at -SSU as individuals that, a boxing club begins, '_ - know - nothing to take form. Students �~ about boxing, don't are lining up to see if fret because this club they have what it takes to be is more for teaching one how the next Rocky "The Italian Stallion" to box and get. them in shape for. it: Balboa. These boxing bandits are ready Getting in shape seems to be the main to rumble, so let's take a deeper look at reason for joining the club, though oth- the formation of the few, the proud, the ers have different agendas: boxing club. "I'm planning on joining the club The roster seems to be taking form to help get in shape, so I will look good quite rapidly, as individuals join eager naked," said Barbolla. to serve up a plethora of knuckle sand- To join the club one must pay a $30 ' wiches. monthly due. Twenty dollars of that go I'm tired of catering people with to the mandatory insurance to SSU, and my right, I'm trying to improve my the other $10 goes to purchase boxing left," said Mel Barbolla. equipment, they are trying to get a The club has just now been char-' speed bag at this time. tered, though "actual fights won't take So for all those individuals that are ,place until next semester, they are interested in changing that physique, training hard and consistently as if they give boxing a try, just look what it . were fighting for the championship did for Will Smith. If you desire to belt. They have found the man that will learn how to pack a mean punch, just turn that flab into muscle and give them contact the recreation center and ask that fighting instinct. This individual is for information, or contact Dom Bei at ,no other,than Alonzo,.Gonzalez. bei@sonoma.edu. "I -putout a newsletter -looking for For individuals that -question the a coach -arid he responded, He hadibox- ability of these power punchers listen ing experience, was interested, and up to what Mr. Barbolla has to say, "Ev= to the task," says Dom Bei. erybody calls me the one hitter quitter. The training sessions are sched- I'm just trying to show them that I got a uled. for Sundays. Each person meets one two combination as well." - with the coach during the week and among their middle infielders. Second discusses what area of boxing ,they home finale on May 6 against San Seawolvesstru to_ recover from road trip NICK AGIUS Staff Writer While the saying -goes that home is where the heart is, the SSU baseball team is hoping to find some wins there as well. With 14 of their final 15 games being played at Seawolf. Diamond, the Seawolves look. to turn around their season that has seen them hover around the .500 mark for the last month. Unexpected letdown: Coming off a year where they were one win'away from the NCAA Division H College World Series, the Seawolves find themselves with a 1648 (11-12 in CCAA play) re - PAGE 11 cord, in fifth place in the nine team game. Some athletes turn to music to M cnELLE OLIvERA STAR CCAA, 'and with only 19 games find focus instead,the adrenaline rush ent from others on her team, but she remaining in the season. Losing six shortstops Brian Colip (nine hits) and No Ace, No Problem-, players (including five juniors) to the Gary Matthews (eight hits) have a Although lacking • a dominant professional baseball draft is going to. combined .159 batting average. starter, 'the Seawolves pitching staff take a toll on a team,, but as proven by make me more intense. I think it is has been able to hold their own this the team being ranked #10 in the na- Only. Pasillas, who hit a game- season. The team ERA,isn't spectacu- tion in a pre -season poll by Collegiate winning - homerun against Cal State lar (4.58, fifth in CCAA), but the staff Baseball Newspaper, no one predicted Dominguez Hills earlier in the season, has done a decent job at keeping the such a quick descent. has provided "some run -production team in games. Will Krout (4-3, 3.31 I think of getting ready for a game. among the trio. However, to go along ERA), who's already equaled his win Homesick and Tired: with his five homeruns Pasillas also total from last year, and Christopher After, starting the season 4-1 has 25 strikeouts in only 78 at -bats. Herrera (4-2; 4.19), who leads the (4-0 against CCAA opponents), play- Recently, outfielder Aaron O'Dell has team with four complete games, have ing three of their first five games in been seeing most of the playing time been the leaders in the rotation. Tim Rohnert Park, the team embarked on at second base. Woemer (2-1, 2.50) has been erratic a 20 -game road trip. Despite winning can be just enough time for ath- (13 walks in 18.1 innings pitched) but the final two games of the five-week Diamonds in the Rough: effective in relief. journey, it didn't do much to salvage Despite the offensive struggles far different than'the value players find a disappointing trip; finishing the several players have still made their The Home Stretch: roadie with an 8.-12 record, -including mark. Third baseman Mike Bidwell' The Seawolves kick off their a 5-9 mark in CCAA'play. (.299 avg., 10 HR, 25' RBI), tied for pivotal 14 -game homestand this Fri., won't mention any names) can listen the CCAA lead in homeruns, and April 15' against last place Cal State Offensive Offense:. 1B/DH Tony Alcantar (.310, ,8, 25), Los Angeles. With 13 of the 14 con The Seawolves rank a lowly sev- named CCAA player of the week for tests against conference • opponents, enth in their conference -with a .278,.._.February..21-27.,.-have .been the -:most , SSU, will have .every, opportunity to team batting average.. While, there is prolific, ,run -producers. The versatile , get, themselves :back into ,tho ,playpl'f definitely no shortage of power in the O'Dell (.328, 3, 19) leads the team in hunt. After doubleheaders against -Los lineup (their 32 homeruns lead the runs (22) and hits (38), while lead-off Angele's on Friday and Saturday, the conference), they are averaging only hitter Zach Pace (.475 .ori base per- Seawolves will face off against CS, . 5 runs per game. Part of the problem centage) has. been a sparkplug (team Hayward, CS San Bemandino, and has been,the lack of any kind of hitting high 28 walks and 9 steals) despite UC San Diego, before playing their among their middle infielders. Second not having an extra -base hit to go home finale on May 6 against San baseman -Carlos Pasillas (12 hits) and along with his 37 singles. - • .. Francisco State. . - turn the,volurile L1rnp Athletes,a.'t SSU turn to'.1nus''ic for inspiration KAITI_IN GLASS game. Some athletes turn to music to iffer- Catton's choice may be differ- find focus instead,the adrenaline rush ent from others on her team, but she Sta W iter Staff and power it provides for others. - knows what she needs to listen to in "Listening to a certain type' of order to prepare herself ,for the field. Most athletes at SSU would agree music can help me clear my mind and It is when a team is involved that that listening to music goes simultane- make me more intense. I think it is the music decision can become dif- ously with tying laces, stretching, and important to have both focus and in- ficult. Fortunately, technology allows warming up. It has become a part of tensity when playing. The, right type of athletes to have the, power of music in the preparation to get "in the zone." music can do that," said Erin Manly. the palm of their hands. "When I 'think of sports and music It seems that what kind of music With the increasing use of iPods, I think of getting ready for a game. players can personalize their The music is what fuels me to get • "When 1 think of sports and music choices and depending on what in the right mind frame to com- for kind. of music they need to get pete," said Megan Dierker. I think of gettingready a game. in the zone. While iPods are not Music allows many athletes to, The music is What fuels me to get in allowed on the court, the freedom enter this zone where' they become„ the right mind frame to. compete, to listen to them before a warm-up t energized to play at their peak. can be just enough time for ath- Sure, music is part of the entertain- letes to get focused. ment value -at sports events but that is' an athlete listens to definitely var- "I'd listen to my iPod before ev- far different than'the value players find . ies. No two players will react to rap, ery game.. I'd go crazy without it. My in it. country, or rock in the same way.. • music got me pumped up to play,” said "I know if I am listening to some- 'Some might prefer rap, while others (I Lauren Ognibene, senior: thing with energy before a game I will won't mention any names) can listen From the sound of it, most athletes have more adrenaline going through to the "Phantom of the Opera" -to get like Ognibene need to listen to their me. The music helps me feel like I am their fix. The results are unique to the music before games; it acts like food ready to play," said Tony Alcantar. individual. does to fuel the body. The extra edge The power of music can aide in ..Most athletes, tend to listen to they receive from the music could even great performances for some athletes music as they warm up. They become be thought of as a steroid. It makes you and the lasting effect music has dur- shaped by what kind of music they feel bigger, faster, and stronger. ' ing a game is surprising.. With the right . listen to. Which is why, many athletes There are those of you who think warm-up music to get in the zone, a stress the importance of listening to' that is crazy but go-ahead, turn up your player can stay there. It can make run- what works for them. ipods, try some cock or rap, and incor- ning bases in full sprint effortless,and "It's different for everyone but I porate music in your next workout. playing more minutes than you have listen to `Til I •Collapse' by Eminem Maybe you'll find why these athletes all season seem like a'jog in the park. for motivation. Also the opening lines are so hyped up on music. Not only does music . affect from 8 Mile are inspiring to me before _ athlete's physical sense, ' it also plays a game or,workout," said Megan Cat - a factor in the mental aspect of the ton. . VALETSWANTEDAT. PART TIME POSITIONS AVAILABLE WEEKDAYS AND WEEKENDS CALL 415-382-0588, PRESS 9 APPLICANTS MUST: - Have a current California Driver's License with a maximum of one point on their DMV driving record - Have no reckless driving or DUI driving convictions - Have reliable transportation Be 20 years old or older - Be able to drive a manual/stick shift - Be responsible, clean cut and personable 'Open Monday - Saturday closed Sundays 794=0410 199 Southwest Blvd: Rohnert Park, CA 94928 k_, APIU1, 12, 2005 , 1 A waterp,olo s uad'lasn last season -away Gitaa DuNCH Bakersfield. Their only losses were to UC San make this team successful. Staff Writer Diego and Division one Loyola Marymount. "Sasha Versage is one of our key players The team is out making a name for them- who consisteptly steps up and plays well," said selves and showing everyone that they can Hansel. The SSU .Women's Water Polo team has compete with any of the schools they face. Versage, junior, has the third highest put in a lot of hard work this year and'it is Overall, the team had an enjoyable Spring number of goals and. leads the team in steals paying off. Break trip which included a day at the beach and assists. They have an impressive 18-11 win/loss for this group of hard working girls. Up next for the Seawolves is a tournament record thus far,, This is a vast improvement This year's squad has no seniors, but they at UC Davis. - I from last year's 8-17 overall record. have a great mixture of youth and experience..' "After the,toumament in Davis, we will Coach Alicia Hansel could not be happier. The young players as well as the older players have a better understanding of what our rank - ,The girls are playing at such an advanced all have something, to add to the dynamics of ing will be going into playoffs," said Hansel. level from last year," said Hansel. "There has this team. Last year, the team placed tenth and been tremendous growth and I am pleased One of the good things about having such this- year; they hope to be somewhere in the with how we are playing this season. a young team is' it gives them a chance to build middle. For'Spring Break, the team traveled down on their already great foundation and be suc- "This, year' we will probably be ranked south competing against some tough competi- cessful for years to come. fifth or sixth going into playoffs," said Hansel. tion in the Cal Baptist and Loyola Marymount Hansel is impressed with how this year's "And right now we are definitely playing at Tournaments. squad has done a consistently good job. "Ev that level. Hansel hopes that next year, the "The team played really, really well," said eryone, including the freshmen, are stepping , team will place even higher in the standings Hansel. upand rising to the occasion," said Hansel. looking to place towards the top of the league. The Seawolves,won.four out'of the six 'Junior Chelsea Henan and Sophomore Whatever. ranking this team receives, games they played with wins against La Verne, Amanda Haddock currently lead the team is Hansel is really delighted with this seasons Cal Lutheran, UC Santa Cruz, . and Cal State' goals, although everyone is doing their part to' young team. "Our team has earned the res ct'of Mfr:.,.,• t � f ,..� r.' r.,�.+.a , �- .. �"r „�,' ,,,, j,< .may„ >".$;"''r'•': * ,< 4:2� 1,pm (Ralf le i1 t pris e r$4 0 _ Wim,e�p` Pe 2nd Iprize 'x220 [Hookdh :3rd Ilanze $130 (Glass :on 'Glass 4Bubbler t ,ec iAl Discounts. , Galore! ZCodac iPIPe. ;poster iki'ts `s,20 Novdlty Tees 40% sciflf!' Free Zzodac �pastrs A rstickers' G"Ne-aways .all cloy II'agq Ask Cabo it the$4 �s`ho�pp�ing spr�edl!! �^--� n+sspiiruN's In (the Brictt {Blue !Building BEST ,OF T t62� Sara -t #Rosa gave: ,�anta Rosa G 707=541-7016 �t , ' pe other teams this year and I attribute that to ,their hard work," s4id Hansel., . The next home games for the SSU Women's Water Polo team will be on April `21: The Seawolves will have a double - .header facing off against Cal State East Bay and CSU Monterey Bay. So come, out and cheer the girls on to victory. Becker Kiehn, unior,.for the women s tennis' �eam won both her singles matches and her -only double match during the away trip in Colorado. Kiehn has a team -best re- cord of.10-5 this season with singles wins at the #2, #4, #5, and #6 positions. The team wraps their season up this weekend at home far two games I Men. Sports Baseball: Fri. April 15,19,',al State L.A. (ISH) r2 p.m.... -d t Sat. April 16, Cal Stag (DIS) 11 a.m. ; t D Tue. April 19„ Cal St Ha � ward2 p.tn, ;; �.�.� Lacrosse: Sat. Akira 16, @ CPSLO 1 pm. t -R Tenaiis• Fri. A,# C San Diego 1 p.m. j Vnllavhall� A n�7�9'�� }'tom: tionals C Kansag�Cityj-Mi r4l 'omen Sports : Fri. April 15, @ Cal sfield 1 .m. ►pril 16 @ Cal State Hills 11 a.m. Fria April 15, UC San . ZYa'er Sat. April 16, Golden r Bar jitational (@ Berkeley 9 'S vAT11 16, Woody Wilson. � ,q ;i0#t ng @ Davis 1 P.M. •)�� titer Polo: Tue. April 12, Cad: State Bast Bay' @ Ha ward 2 pm. llie. April 12, C U Monterey Bay @.Hayward 4 p.m. CITY COUNCIL SPEAKER CARD �U Date: -Z %- C7 Name': Address:- 0?0 AM6 A&P IL Phone: CITY COUNCIL SPEAKER CARD Date: Name. Address; 6466 Phone:— Brief Summary of Comments: -:410 1 See Reverse -4 CITY COUNCII, SPEAKER CARD Date: Name: Address: Lt 4 5 7 a t a lh- ;3, L Phone: - TOPIC: Brief Summary of Comments: - See Reverse —> CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: April 12, 2005 Department: City Manager's Office Submitted By: Carl Eric Leivo, City Manager Submittal Date: April 4, 2005 Agenda Title: Second Amendment to the CourseCo Lease Requested Council Action: Motion to approve Resolution 2005- Approving the Second Amendment to Ground Lease between the City of Rohnert Park and Rohnert Park Golf, L.P. (Tenant) Summary: The Council approved certain terms for a Second Amendment to the Foxtail Golf Courses Ground Lease. Legal representatives from MHA and the Tenant (CourseCo) have negotiated and prepared a proposed Second Amendment that reflects the terms approved by the Council with a few exceptions. The proposed Second Amendment provides that: 1. The primary purpose of the Second Amendment is to adjust the lease rent to bolster the Tenant's ability to continue operation of the Golf Courses and preserve revenue for the City. 2. The financial statements for the Golf Courses will be reviewed, rather than audited by an independent certified public accountant. Financial records will be kept for at least ten years. The City may inspect the records and, if Gross Revenues are underreported by more than five percent due to negligence or misconduct of the Tenant, it shall constitute an Event of Default. 3. The Tenant has an existing Loan secured by the Lease and anticipates refinancing the Loan. The Amendment provides that the City will be kept fully informed and be consulted during the any negotiations regarding the Loan, any foreclosure discussions, and any default under the terms of the Loan. The City must consent to any encumbrance of the property related to the Loan. The City may intervene in order to cure a default under the Loan but the City is not obligated to do so. City's rights under the lease continue in the first lien position. 4. The Amendment enables the City to recapture the Property subject to certain terms and conditions. This is a one time right which may be exercised after ten years from the date of the Amendment. The City may recapture all or a portion of the Property. The City would make a fair market value payment to recapture the Property. 5. The minimum base rent will be modified as follows: a. Effective July 1, 2004 and ending June 30, 2010, the minimum base rent will be $150,000 per year. b. Effective July 1, 2010 and ending June 30, 2015, the minimum base rent will be $175,000 per year. c. Effective July 1, 2015 and ending June 30, 2020, the minimum base rent will be $200,000 per year. j4c,v f.$ d. Effective July 1, 2020 and ending June 30, 2025, the minimum base rent will be $225,000 per year. e. Effective July 1, 2025 and ending May 29, 2033, the minimum base rent will be $250,000 per year. (The end date was adjusted to correspond with the term of the original lease.) 6. The Percentage Rent will be adjusted as follows: a. The Percentage Rent section would become effective July 1, 2015. b. Effective July 1, 2015 and ending June 30, 2020, the Percent of Annual Revenue Threshold will be 6.0% for merchandise, 4.0% for Food and Beverage, and 25% for Golf Related Revenue. c. Effective July 1, 2020 and ending June 30, 2025, the Percent of Annual Revenue Threshold will be 6.0% for merchandise, 6.0% for Food and Beverage, and 30% for Golf Related Revenue. d. Effective July 1, 2025 to May 29, 2033, the Percent of Annual Revenue Threshold will be 6.0% for merchandise, 6.0% for Food and Beverage, and 35% for Golf Related Revenue. e. The Annual Gross Revenue Thresholds will be: Annual Gross Revenue Threshold Merchandise $ 200,000 Food & Beverage $1,000,000 Golf Related $2,800,000 f. The Annual Gross Revenue would be adjusted annually by the CPI. 7. The Second Amendment will substitute a new Schedule of Golf Course Fees and Prices (Scheduled 2 and 3) as follows: South Course Period & Type Peak % Discount Off Peak % Discount Weekday Non -Resident $28.00 0% $18.00 0% Resident $20.00 30% $15.00 20% Senior Res. $15.00 45% $13.00 30% Weekend Non -Resident $36.00 0% $25.00 0% Resident $25.00 30% $20.00 20% Senior Res. $25.00 30% $18.00 30% North Course Period & Type Peak %Discount Off Peak % Discount Weekday Non -Resident $32.00 0% $24.00 0% Resident $26.00 20% $20.00 20% Senior Res. $22.00 30% $17.50 30% Weekend Non -Resident $48.00 0% $35.00 0% Resident $34.00 29% $28.00 20% Senior Res. $30.00 37% $25.00 30% 8. The section on Restriction on Assignment and Subletting was restated in the proposed Amendment. The changes elaborate and clarify what reasonable standards that the City might apply in determining its consent to an assignment or subletting. 9. The Amendment provides for a moratorium on Tenant's contributions .into the Capital Improvement Fund for the period July 1 2004 to December 31, 2009. This provision was proposed by the Tenant but not specifically incorporated in the Council Subcommittee recommendations. 10. Private Resident Golf Carts would be allowed according to the amended Schedule 3. Current private cart owners will retain the privilege to use carts. A licensee may elect to go inactive by paying a fee of $100 per year for up to two years. Licensees new will be limited to 50. The annual trail fee for existing licensee holders as of January 1, 2005 will be $721 for non -senior residents and $513 for senior residents. The fees will be increased by CPI annually. Insurance, safety, appearance, lights, horns and electronic devices may be subject to policies established by the Tenant. CITY MANAGER'S RECOMMENDATION: ( ) Consent Item ( Regular Time (�pproval () Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination by Counc' ( ) City Comments: City Manager's Signature:2_44' Date: S JH-S:Council Agenda Transmittal RESOLUTION NO. 2005-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARD AUTHORIZING AND APPROVING THE SECOND AMENDMENT TO THE GROUND LEASE WITH ROHNERT PARK GOLF, L. P. (CourseCo) RE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Second Amendment to that certain Ground Lease by and between Rohnert Park Golf, L. P., a Califoruva limited partnership, and the City of Rohnert Park, a municipal corporation, for the operation of the Foxtail Golf Courses and related facilities. DE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 12'h day of April, 2005. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk SECOND AMENDMENT TO GROUND LEASE This Second Amendment to Lease ("Amendment"), dated for reference purposes only as of March 22, 2005, is made by and between the City of Rohnert Park, a municipal corporation ("City" or "Landlord") and Rohnert Park Golf, L.P., a California limited partnership ("Tenant"). The provisions of this Amendment shall be made effective as of July 1, 2004 unless another effective date is explicitly stated in this Amendment. RF.C'tTAt 4 A. Whereas, Tenant and City are parties to that certain Ground Lease dated as of May 29, 2001 ("Original Lease") and that certain First Amendment to Lease ("First Amendment") dated August 12, 2003 pursuant to which Tenant operates a public golf course and related facilities; B. Whereas, City has an interest in providing two local public golf courses and related facilities (collectively, the "Course") for the use and enjoyment of its constituents; C. Whereas, it is the parties' belief that an imbalance between supply and demand in the regional golf market coupled with the recent economic decline has resulted in decreased rounds of play and thus overall Gross Revenues generated by the Course; D. Whereas, decreased Gross Revenues hamper Tenant's ability to operate and maintain the Course under the Original Rent structure; E: Whereas, absent significant measures in the form of a rental adjustment, Tenant may be forced to default under the Lease and cease operating the Course; F. Whereas, the parties desire to enter into.a revised rent structure to bolster Tenant's ability to continue operation of the Premises, increase Gross Revenues, and preserve and increase City's revenue stream under the Lease; and G. Whereas, capitalized terms used but not defined in this Amendment shall have the respective meanings provided in the Original Lease. The term "Lease" as used in this Amendment shall mean the Original Lease as modified by the First Amendment and by this Amendment. AGREEMENT Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Tenant and City hereby agree as follows: Recitals. The recitals above are incorporated by reference as though fully stated herein. 724743v9 80078/0007 2. Reports; Financial Statements. a. Section 5.2(c) of the Original Lease shall be modified to reflect that the annual statements furnished by Tenant are to be reviewed, rather than audited, by an independent certified public accountant acceptable to City. b. The second to last sentence of Section 5.2(c) of the Original Lease shall be modified to read as follows: "Such books of account, records, cash receipts and other pertinent data shall be kept for a period of ten (10) years after the end of each Lease Year." C. Section 5.2(e) of the Original Lease shall be modified as follows. The word "reviewed" shall be inserted in the first sentence following the phrase "In addition, Tenant shall provide City with..." The words "and audited" shall be deleted from the second sentence. Inspection and Audit. The following shall be added to Section 5.2(d) of the Original Lease: "Tenant's understatement of Gross Revenues for any Lease Year by more than five percent (5%) due to Tenant's gross negligence or willful misconduct shall constitute an Event of Default." 4. Loan. "Loan" means: (1) one or more loans to be obtained by Tenant to refinance the existing secured construction loan in the original principal amount of $2,475,000 made by the Bank of Petaluma and (2) one or more loans to be obtained by Tenant to refinance the unsecured business equipment loan in the original principal amount of $275,000 made by the Bank of Petaluma. The existing loans from the Bank of Petaluma identified in the previous sentence may be referred to cumulatively as the "Existing Loans". The definition of "Encumbrance" contained in the Original Lease shall include the Loan to the extent the Loan is secured by the Premises or any portion thereof. "Lender" means any actual or potential provider of the Loan or any portion thereof. a. As further consideration for the terms of this Second Amendment, Tenant shall: i. In good faith initiate and diligently pursue to completion proceedings to obtain the Loan. ii. On an ongoing basis, keep City fully informed and consult with City concerning: negotiations in connection with the Loan; the status of any Loan or the Existing Loans; and any foreclosure discussions in connection with any Loan or an Existing Loan. iii. Provide notice to City of Loan procurement and of any default under any Loan or an Existing Loan. 2 724743v9 80078/0007 b. The provisions of Section 12.2 of the Original Lease requiring City's consent to any Encumbrance shall remain in full force and effect. C. Provided that City acts reasonably under the circumstances, no action taken by or on behalf of City pursuant to this Section 4 shall be construed to impose any financial obligations or liability on City, interfere with any Loan or Lender, or give rise to any right of termination of the Lease by Tenant. 5. Encumbrance Documents. The following provisions are in addition to those set forth in Section 12 of the Original Lease. In the event of any conflict between Section 12 of the Original Lease and Section 5 of this Second Amendment, the provisions of this Section 5 shall control. a. Tenant shall use its best efforts to cause the Loan documents ("Loan Documents") to contain provisions ensuring the following: i. Before Lender may foreclose under the Loan, Lender must give City fifteen (15) days' prior written notice specifying (a) the nature of Tenant's default and (b) Lender's intended course of action and related timeframe. City, in City's sole discretion, shall have the right, but not the obligation, to intervene in order to cure Tenant's default under the Loan, including but not limited to assuming the Loan and/or paying off the Loan. City's right shall be exercised by providing written cure notice to Lender within the above fifteen (15) day period. ii. City's fee interest in the Premises and City's right to receive Rent, CIF Advance repayments (as set forth in the First Amendment), other payments under the Lease, and the City's right to require payments into the Capital Improvement Fund are and will remain in first lien position, and that the Loan in no way subordinates or purports to subordinate City's interests. iii. Lender's agreement with the provisions of Section 6 (Premises Recapture). b. City agrees in good faith to negotiate a tri -party agreement between City, Tenant, and Lender in order to address Lender's concerns about the financeability of Tenant's interest in the Lease or Premises (including but not limited to Improvements), and will not unreasonably withhold its consent to changes customarily required by lenders in connection with providing secured real property financing secured by leasehold interests so long as those provisions do not materially impair City's objectives and revenue stream and in no way subordinate City's fee interest in the Premises or City's right to receive Rent and other payments under the Lease. 6. Premises Recapture. a. The parties agree that City, in City's sole discretion, shall have the right, but not the obligation, to recapture part or all of the Premises ("Recapture") subject to the following terms and conditions. City shall have a one time right of Recapture, whether the Recapture is later rescinded by City or taken to completion. City may exercise its Recapture right after ten (10) years 724743v9 80078/0007 following the date of this Amendment. To effect a Recapture, City shall give Tenant a minimum of one hundred -eighty (180) days' prior written notice of City's Recapture election ("Election Notice") In the Election Notice, City shall indicate the specific portion of the Premises which City intends to recapture ("Recapture Portion") and the use(s) that City intends for the Recapture Portion. The Premises remaining after the Recapture, if any, may be referred to as the "Remainder Premises". During the Term of the Lease, the Recapture Portion, or any part thereof, may not be used for any purposes related to golf. b. City shall pay a price ("Recapture Consideration") to recapture the Recapture Portion that is the greater of. (i) the price ("Release Price") that allows for the release of the Recapture Portion from the security for the Loan as permitted by the Lender or (ii) the going concern fair market value of Tenant's right, title and interest in the Recapture Portion, including the Improvements plus the diminution in the going concern fair market value of Tenant's right, title and interest in the Remainder Premises resulting from the Recapture (collectively, "FMV"). City shall pay the Release Price to the Lender. In the event that the FMV is greater than the Release Price, City shall pay the excess amount to Tenant. C. FMV shall be determined as follows. Within forty-five (45) days after receipt of the Election Notice, Tenant shall provide City with a "Consideration Notice" which sets forth both (i) the Release Price and (ii) a statement of FMV ("Statement of FMV") pursuant to subsection b, above. If City does not agree with the Statement of FMV and the parties do not enter into a written agreement of FMV within thirty (30) days after City's receipt of the Statement of FMV, FMV shall be determined as follows. Within ninety (90) days following the end of the thirty (30) day negotiation period, an appraiser jointly hired by City and Tenant shall provide the determination of FMV. Such appraiser shall hold the MAI designation; possess at least ten (10) years experience in appraising local golf course properties; and be independent of and unrelated to City and/or Tenant. City and Tenant shall each pay fifty percent (50%) of the fees and expenses of such appraiser. In performing the appraisal, the appraiser shall follow the provisions of this Section 6 and any additional instructions agreed to by the parties. Any disagreement between the parties concerning the selection of the above -identified appraiser or the additional instructions to such appraiser shall be resolved pursuant to the dispute resolution provisions of Section 24.8 of the Original Lease. The appraiser shall provide each party with a copy of the appraisal. d. Upon payment of the Recapture Consideration by City and receipt of Lender's consent for the Recapture, Tenant shall quitclaim the Recapture Portion to City without warranty and the Lease shall terminate with respect to the Recapture Portion. Effective on the first day that Tenant is no longer permitted to receive the Gross Revenue from the Recapture Portion, Base Rent and Annual Revenue Thresholds for determining Percentage Rent shall be prorated according to the ratio of (i) Gross Revenue from the Remainder Premises as of such date (ii) Gross Revenue from the entire Premises as of immediately prior to such date. Any Lease obligation of Tenant in addition to Base Rent that is not based upon Gross Revenue, or a component thereof, or does not automatically decrease proportionately to the reduction of the Premises shall be pro -rated pursuant to the immediately prior sentence. No part of the balance existing in the Capital Improvement Fund at the time of Recapture shall be allocated to the Recapture Portion. The entire balance shall continue to be subject to the provisions of the Lease for the benefit of the Remainder Premises. Notwithstanding anything in the Lease to the contrary, the parties agree that neither City's issuance of an Election 4 724743v9 80078/0007 Notice, nor a total or partial termination under this Section, shall be considered a Taking and that Tenant shall be entitled to no compensation except as expressly set forth in this Section 6. Subject to any liabilities of City that may exist under the Lease independent of the Recapture, upon payment of the Recapture Consideration, Tenant shall fully release and discharge Landlord and the City from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to (i) the sale of the Premises, Recapture of part or all of the Premises pursuant to Section 6 of this Second Amendment or any other Lease provision, the termination of Tenant's leasehold interest pursuant to the Lease, or the relocation of Tenant's business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on the Premises, including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code Sections 7260 et seq. ("Relocation Assistance Law"), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law; and (ii) compensation for any interest in Tenant's business operations or the Premises including, but not limited to, land and improvements; leasehold bonus value; fixtures, furniture, or equipment; loss of business goodwill; severance damage; attorneys' fees or any other compensation of any nature whatsoever. Tenant acknowledges and agrees that the release and waiver set forth in this paragraph is material consideration for Landlord's execution of this Second Amendment on the terms set forth herein and that, but for this release and waiver, Landlord would not have entered into this Second Amendment. It is hereby intended that the above release relates to both known and unknown claims that the Tenant may have, or claim to have, against the Landlord or the City with respect to the subject matter contained herein or the events relating thereto. The parties acknowledge and agree that the waiver and release contained in this Section 6.d shall not have the effect of excluding any element of value mentioned in such waiver and release from FMV. Such waiver and release is solely intended to bar Tenant from obtaining any consideration from City resulting from the Recapture other than the Recapture Consideration. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, the Tenant expressly waives any rights under California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Notwithstanding such waiver and release by Tenant and the payment of Recapture Consideration, City shall indemnify, defend and hold Tenant, CourseCo and their principals, officers, directors, and employees harmless from and against any cost or liability owing to any third party as a result of the Recapture, including attorneys fees and termination fees payable under existing maintenance or construction contracts that apply to the Recapture Portion. Together with the Consideration Notice, Tenant shall provide City with a written estimate made in good faith of the likely amount of City's obligation under the indemnity described in the immediately preceding sentence. City shall have forty-five (45) days following its receipt of such estimate to decide whether to continue the Recapture. If Tenant does not receive a written notice from City within such forty-five (45) day period stating that City is proceeding with the Recapture, City shall have elected to irrevocably rescind the Recapture. The rights and obligations of City to proceed with or to rescind the Recapture shall not be affected by the actual amount of City's indemnity obligation so long as Tenant has prepared the estimate of such obligation in good faith with the facts known to Tenant at the time of estimate preparation. 5 724743v9 80078/0007 e. In the event that following the Recapture, it would not be reasonably feasible to operate a golf course comparable in size and quality to the North Course or the South Course on the Remainder Premises or, at Tenant's election, in the event that the fair market value of the Remainder Premises, valued as a golf property as of the Recapture, would be seventy-five percent (75%) or less of the fair market value of the entire Premises, valued as a golf property as of immediately prior to the Recapture (cumulatively, "Triggering Events"), Tenant shall have the right to require City to recapture the entire Premises. To exercise such right, Tenant shall provide written notice ("Full Recapture Notice") to City within thirty (30) days after receipt of City's Election Notice. In such case, the Recapture Portion shall be the entire Premises. City shall forty-five (45) days following receipt of a Full Recapture Notice to decide whether to continue the Recapture. If Tenant does not receive a written notice from City within such forty-five (45) day period stating that City is proceeding with the Recapture, City shall have elected to irrevocably rescind the Recapture. The rights and obligations of City to proceed with or to rescind the Recapture shall not be affected by any later conclusions regarding a Triggering Event so long as Tenant has prepared the Full Recapture Notice with a good faith belief that a Triggering Event would occur due to the Recapture. 7. Base Rent. The amount of Base Rent is hereby modified. In lieu of the corresponding amounts of Base Rent specified in the table in Section 1 of the Original Lease (Basic Lease Information), the following amounts of Base Rent shall apply to the periods described below. Period Annual Base Rent Monthly Base Rent July 1, 2004— June 30, 2010 $150,000 $12,500.00 July 1, 2010 — June 30, 2015 $175,000 $14,583.33 July 1, 2015 — June 30, 2020 $200,000 $16,666.67 July 1, 2020 —June 30, 2025 $225,000 $18,750.00 July 1, 2025 — May 29, 2033 (End of Term) $250,000 $205833.33 8. Percentage Rent. a. The first sentence of Section 5.2 of the Original Lease shall be modified to read as follows: "In addition to the Base Rent, Tenant, commencing July 1, 2015, shall pay Percentage Rent subject to the following terms and conditions:" b. The categories of Gross Revenues described in Section 1 of the Original Lease (Basic Lease Information) and the Percentage Rent table in Section 1 shall be superseded by the following: [See chart on following page] 6 724743v9 80078/0007 Percentage of Revenue above Annual Revenue Threshold Period Merchandise Food and Beverage Golf Revenue Revenue Revenue July 1, 2015 — 6% 4% 25% June 30, 2020 July 1, 2020 — 6% 6% 30% June 30, 2025 July 1, 2025 — 6% 6% 35% May 29, 2033 (End of Term) C. Section 5.2(a) of the Original Lease and all other applicable portions of the Lease shall be modified by deleting instructional fees (net of amounts paid to the golf professional staff) from the definition of Golf Revenue and by adding such fees to the definition of Merchandise Revenue. d. (1) The following language shall replace the first sentence of Section 5.2(b) of the Original Lease: "Commencing July 1, 2015, Tenant shall pay Percentage Rent in addition to Base Rent to the extent that Percentage Rent is greater than zero. Percentage Rent shall be determined as follows. The amount of Merchandise Revenue in excess of the Merchandise Revenue Threshold (defined Section 8.e below) shall be multiplied by the Merchandise Revenue percentage (specified in the table in Section 8.b above). The same procedure shall be followed for each of the other two (2) Revenue categories identified in such table. Percentage Rent shall be the sum of the three (3) calculated amounts." (2) Section 5.2(b) of the Original Lease shall be further modified to clarify (i) that Tenant shall not be required to pay Percentage Rent for the period July 1, 2004 through June 30, 2015 and (ii) that in the determination of Percentage Rent beginning July 1, 2015, Base Rent shall not be subtracted from Percentage Rent but rather Percentage Rent, determined pursuant to Section 8.d(1) above, shall be payable in addition to Base Rent. e. Each Annual Revenue Threshold ("Threshold") identified in the table below shall be adjusted in proportion to changes in the Consumer Price Index (All Urban Consumers, San Francisco -Oakland -San Jose area; base years 1982-1984 = 100 published by the U.S. Dept. of Labor) beginning with the change in CPI from July 1, 2004 to June 30, 2005. The first such change in Threshold shall be effective for the period July 1, 2005 through June 30, 2006. Thereafter, each Threshold shall be adjusted annually based upon the change in CPI from July I through the next succeeding June 30 and shall be effective for the following July 1 through June 30 period. For example, the Thresholds applicable to the period July 1, 2015 through June 30, 2016, i.e., when Percentage Rent resumes, shall be the Thresholds applicable to the period July 1, 2014 through June 30, 2015 adjusted by the change in CPI from July 1, 2014 to June 30, 2015. 7 724743v9 80078/0007 In any instance when Percentage Rent must be computed for a period of less than an entire calendar year such as a Percentage Rent Period, each Threshold amount shall be divided by twelve (12) months and multiplied by the number of months within the applicable period. Annual Revenue Thresholds for the Period July 1, 2004 through June 30, 2005 Merchandise $ 200,000 Food & Beverage $1,000,000 Golf Related $2,800,000 9. Adjustments of Rent. Paragraphs (b), (c), and (d) of Section 5.5 of the Original Lease shall be deleted. Any overpayment of Rent that results from this Amendment shall be credited against the Rent obligation of Tenant applicable to the next available period(s). 10. Golf Course Fees and Prices. Schedules 2 and 3 dated March 22, 2005 attached to this Amendment shall replace respectively Schedules 2 and 3 that are currently attached to the Original Lease. 11 The Lease is hereby amended to correct a typographical error in the Original Lease by recognizing "RP GOLF, INC." as the name of the general partner of Tenant. Therefore, in each location in the Lease where the term "Rohnert Park Golf Investors, Inc.," is found, the name "RP GOLF, INC." is intended. The parties acknowledge that RP GOLF, INC. has been the general partner of Tenant since the Commencement Date of the Original Lease. 12. The following shall be added to Section 7.2(d) of the Original Lease: "Tenant acknowledges that the revised rent structure contained in this Second Amendment is intended to bolster Tenant's ability to continue operation of the Premises. Tenant further acknowledges that continuous operation thereof is necessary for the development of business, image and traffic as well as Gross Revenues and related rent and revenue stream to the City, and that Tenant's failure to open or remain open will be detrimental to both the image and long-term financial health of the Course, as well as the economics of the Premises and this Lease. Landlord shall have and may exercise remedies as provided in this Lease, at law, or in equity if Tenant breaches this operating covenant." 13. Section 15.1 (Restriction on Assignment and Subletting) of the Original Lease shall be amended and restated in its entirety to read as follows: "Subject to Section 12.2 of the Original Lease relating to Leasehold Encumbrances, Tenant may assign its interest in this Lease, sublet any portion of the Premises or engage a management company other than CourseCo as set forth in Section 15.3, only with Landlord's prior written consent, which shall not be unreasonably withheld. Tenant agrees that it shall not be unreasonable for Landlord to condition its 8 724743v9 80078/0007 approval, among other things, upon the proposed assignee, subtenant or management company having a financial net worth, according to a current financial statement prepared by a certified public accountant, which is reasonably acceptable to Landlord, upon the proposed assignee or management company having a reputation for, and qualifications and at least five (5) years' experience in, operating and maintaining golf course properties comparable to the Premises, and upon the proposed assignee or management company having a first-class business reputation. In evaluating the acceptability of the net worth of a proposed assignee or management company, Landlord shall consider the then -current net worth of Tenant or CourseCo, as applicable, and may also require that the assignee's or management company's net worth be sufficient to carry out the performance of Tenant's or CourseCo's obligations, including catch-up of deferred obligations, under this Lease. Tenant shall promptly provide Landlord with any information reasonably requested by Landlord relating to the identity of any proposed assignee or management company, the nature of such assignee's or management company's business and the proposed assignee's or management company's financial responsibility." 14. Subdivision (a)(iii) of Section 12.2 (Leasehold Encumbrances) shall be modified by adding the following to the end of the existing language: "In the event that CourseCo does not remain the operating manager of the Premises following a transfer of the leasehold due to an event described in this subdivision (a)(iii), City shall have the rights of approval of the successor operating manager described in Section 15.1 of the Lease." 15. Section 24.10 (Attorneys' Fees) of the Original Lease shall be amended and restated in its entirety to read as follows: ."If any action, including arbitration, is commenced which arises out of or related to this Lease, the prevailing party shall be entitled to recover from the other party such sums as the court or arbitrator(s) may adjudge to be reasonable attorneys' fees, expert fees, and expenses in the action, in addition to costs and expenses otherwise allowed by law. In any matter arising out of or relating to the bankruptcy Tenant, Tenant agrees to pay all of Landlord's costs and expenses, including attorneys' fees and expert fees, which may be incurred in enforcing or protecting Landlord's rights or interests." 16. Section 8.4(a) of the Original Lease shall be modified as follows. Tenant shall not be require to contribute to the Capital Improvement Fund for the period July 1, 2004 through December 31, 2009. Following the expiration of such period through the expiration of the Term, Tenant shall contribute an amount into the Capital Improvement Fund equal to two and one-half percent (2.5%) of Golf Revenue pursuant to the procedures specified in this Section 8.4(a). This Amendment shall have no effect on the contributions by City to the Capital Improvement Fund. Any overpayment in the amount of contribution made by Tenant to the Capital Improvement Fund that results from this Amendment shall be credited against the Rent obligation of Tenant applicable to the next available period(s). 17. Other than as modified in this Second Amendment, the terms and conditions of the Original Lease and First Amendment remain unmodified and in full force and effect. 7 724743v9 80078/0007 18. This Second Amendment may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same amendment, binding upon both the parties hereto. [Signature page follows] 10 724743v9 80078/0007 City and Tenant have executed this Second Amendment to Ground Lease in triplicate as of the date first written above. TENANT: ROHNERT PARK GOLF, L.P., a California limited partnership By: RP GOLF, INC., a California corporation, General Partner CITY: CITY OF ROHNERT PARK, a municipal corporation LOW Carl Eric Leivo Printed Name City Manager Title Printed Name Title Date Date Pursuant to Resolution No. 2005-98 ADOPTED by the City Council at its meeting of April 12 52005 ATTEST: City Clerk Judy Hauff Printed Name APPROVED AS TO FORM: 11 724743v9 80078/0007 City Attorney Gabrielle P. Whelan Printed Name SCHEDULE 2 Foxtail Golf Course Scheduled Green Fees REVISED — March 22, 2005 South Course Non -Resident $32.00 0% $24.00 0% Period & Type Peak % Discount Off Peak % Discount Weekday $22.00 30% $17.50 30% Non -Resident $28.00 0% $18.00 0% Resident $20.00 30% $15.00 20% Senior Res. $15.00 45% $13.00 30% Weekend $30.00 37% $25.00 30% Non -Resident $36.00 0% $25.00 0% Resident $25:00 30% $20.00 20% Senior Res. $25.00 30% $18.00 30% North Course Period & Type Peak % Discount Off Peak % Discount Weekday Non -Resident $32.00 0% $24.00 0% Resident $26.00 20% $20.00 20% Senior Res. $22.00 30% $17.50 30% Weekend Non -Resident $48.00 0% $35.00 0% Resident $34.00 29% $28.00 20% Senior Res. $30.00 37% $25.00 30% Notes: (1) Off -Peak — Generally mid to late afternoon. (2) Resident — Seniors are defined as age 62 years and older. (3) Operator reserves the right to round up to the nearest $1.00 in calculating discounted fees. 12 724743v9 80078/0007 SCIIEDUI.E 3 Foxtail Golf Course Additional Resident Benefits REVISED — March 22, 2005 I. Private Resident Golf Carts Current private cart owners retain the privilege until such time as the licensee cannot, or does not, use it further. A licensee may elect to go inactive by paying a fee of $100 per year for up to a two year period. At any time during this period an inactive licensee may elect to activate his/her license by paying the current applicable trail fee. 2. Licensees including existing and new will be limited to 50. 3. Family members may ride in the private cart without charge. 4. Non -family members will pay 50% of the current daily cart rental rate. (Example: Cart rental is $26, rider pays $13.) 5. The annual trail fee for existing licensee holders as of January 1, 2005 will be $721 for non -senior residents and $513 for senior residents. The fees will be increased by CPI annually. 6. Insurance, safety, appearance, lights, horns and electronic devices may be addressed and policies established at the discretion of the Operator. II. Annual Cards Existing Annual Cards will be honored. 2. The Operator will utilize an Annual Card Program with price and restrictions, if any, to be established by the Operator. III. Junior Golf 1. Members of the Rohnert Park organization "Junior Linksters" may play for $5.00. Price may be changed by CPI; and restrictions (e.g. course, time, etc.) may be established by the Operator. N:\C\C0UR1\Ms\docs\2nd Amendment to Ground Lse\docs\w-2nd AriQlndment to Ground Lease (4-5-05) 724743v9 80078/0007 Hauff, Judy From: Miller, Guy Council: X Sent: Tuesday, April 05, 2005 11:41 AM Miscellaneous To: Leivo, Carl Communications Cc: Lipitz, Sandy; Geffre, Jan; Hauff, Judy pends -o .41b�°s�3 Subject: Parks, Recreation, and Open Space Master Plan Copy to: Attachments: Introductory Memo.doc ICopy to: Carl, Here is a redraft of the committee work plan. I believe the Council wanted to see it. I incorporated the Council comments from the March 22 meeting. The work plan will be presented to the committee at their first meeting tomorrow night. Introductory Memo.doc (48 KB) Guy Miller Recreation Services Manager City of Rohnert Park 5405 Snyder Lane Rohnert Park, CA 94928 Phone: (707) 588-3438 Fax: (707) 588-3475 e-mail: <maiIto: gmillera-rocity.org> CITY OF RORNERT PARD PARKS AND RECREATION MASTER PLAN Rohnert Park has a growing future. People who come here will want and need places, parks and programs that foster growth and development of the total human being by providing for personal development, positive relationships, engagement with their community, and physical and psychological safety. The human assets of Rohnert Park are rich and diverse, and include the people who live, learn, work and play in the Friendly City. Three fundamental elements of a model for human growth and development are at the center of all Parks and Recreation activities in Rohnert Park. These elements are: 1. Promote Human Growth and Development by providing for Engagement, Safety, Relationships, and Personal Development 2. Protect the City's Green Infrastructure 3. Optimizing the Experience of Living through People, Parks and Programs. The Recreation Department uses this model as the foundation for program development and service delivery. The Parks and Recreation Master Plan serves as the "road map" for future parks and recreation services in Rohnert Park. The benefits of Parks and Recreation are numerous: BENEFI'T'S OF PARKS AND RECREATION PERSONAL ENVIRONMENTAL • Recreation programs develop skills • Parks and recreation services in art, crafts, sports, and other significantly contribute to the positive leisure activities quality of life • Parks and recreation facilities cool, • Trees remove carbon dioxide, calm, and bring people together produce oxygen, filter out pollution • Parks provide multitude of and conserve energy recreational experiences ® Natural and open space areas and • Community Centers offer wellness interpretive information educate on programs promoting personal health environmental values and resources and fitness ® Essential :green infrastructure" • Access to natural beauty reduces preserved through enhancement and stress protection of biodiversity and natural resources SOCIAL. ECONOMIC 0 After-school programs provide for 0 Well maintained parks, open space children and teens and recreation amenities enhance 0 Community buildings are gathering livability and increase property places and sources of civic values information 0 "Green infrastructure" is 0 Programs celebrate diversity marketable and attracts both 0 Schools, businesses, community businesses and residents based organizations, and other • Multitude of programs and facilities public organizations are keeps people of all ages in the City collaborated with 0 Work and volunteer opportunities ® Civic involvement possible through provided community meetings, volunteer 0 People visit throughout the region opportunities, and neighborhood and spend money here activities and events 0 Workers use outdoor spaces and 0 Volunteers, neighbors and recreation facilities for self renewal participants provide "eyes on" to and enhancing productivity enhance safety ® Employment opportunities provided for youth e Recreation programs provide physical activity which reduces health costs The Rohnert Park General Plan (item OS -10) calls for the preparation of a Parks, Recreation, and Open Space (PROS) Master Plan as the implementing tool for General Plan park and recreation policies and proposals. The city should ensure that the plan includes phasing and priority acquisitions. As part of the Plan development, explore financing mechanisms, including methods for upfront acquisition and development of priority parklands and fields. The PROS Master Plan will cover several topics related to park -and recreational open space, such as: precise location of parks and financial planning to improve undeveloped park land and trails, maintain existing facilities, develop new trails, and acquire land for new parks. The PROS Master will also establish standards and identify funding for both specific park facilities and City -owned, non park open space areas, such as street medians and open space buffers. GOALS FOR THE PARKS AND RECREATION MASTER PLAN The Parks and Recreation Master Plan should consider the many opportunities and challenges facing the city in times of growth. The primary goals should be to: • Demonstrate the many essential personal, social, environmental, and economic benefits provided by Parks and Recreation Services; ® Establish policies to guide decision making by City staff and officials regarding Parks and Recreation Services; and • Chart the growth, direction, priorities and agenda for the development of new facilities and programs Objectives of these goals may include: • Explore acquisition of land for the Community Fields Park and make site development recommendations • Balance existing and proposed parks and facilities with ability to maintain these facilities to high standards • Explore new funding sources for parks and recreation services • Project future maintenance costs of existing and proposed park and recreation facilities • Evaluate recreational facilities proposed for Specific Plan Areas and incorporate these facilities and designs into a city-wide plan • Increase uses at facilities with declining use such as swimming pools and golf courses • Evaluate existing program contracts and consider submittal for competitive bid • Consider the affects of competing with private business and entities for delivering sports and fitness related programs • Keep the City's greenways and parks healthy and expanding • Bring more special events to Rohnert Park • Establish a large group picnic area • Establish a large community playground area • Meet users expectations for quality maintenance of safe, clean, usable parks • Provide additional miles of bikeways and trails • Make better access and use of the City's creek areas • Enhance the walkability of the city • Provide opportunities for public art and outdoor performance venues • Provide more ways to get public information about services with expanded outreach to at -risk and ethnic communities • Expand opportunities for volunteers and City -Community -School partnerships • Continue investments in priority services and access for persona with disabilities, seniors and youth Improve safety at parks and recreation programs and venues • Develop and maintain new and improved neighborhood, community and regional parks • Incorporate urban plazas and pocket parks into infill areas where development densities are planned to increase • Build special interest facilities at new or existing parks (such as community gardens, skateboard and BMX parks, and dog parks) • Build new, expand or update existing Community Centers • Preserve more public open space with passive recreation uses • Rehabilitate infrastructure in the City's parks and recreation system to protect the capital investment • Provide additional safe and clean restrooms at parks and recreation facilities • Use technology for greater management efficiency and public access to information and department services •` Protect and enhance natural resources • Develop and invest in employees dedicated to excellent public service I;r- : ®P-®. No . 73C AcenoN CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPO Department: Building Services Submitted By: Ron Bendorff, Senior Planner Meeti>7T Held Until Item No. Communications to: Agenda Title: City Council Public Hearing for File PL2005-004MC - Date of Action: :Proposed Amendment to Section 17.16.040 of the Deadline Date for: Rohnert Park Municipal Code Regarding Parking Exemptions Council Action: To Accommodate Required Disabled Parking Requested Council Action: Adoption of the attached Ordinance approving the proposed amendment to Chapter 17.16.040 of the Rohnert Park Municipal Code regarding parking exemptions to accommodate required disabled parking. Summary: On March 22, 2005, the City Council voted 5-0 to introduce the attached ordinance. At that time the ordinance was amended to further qualify that a given parking inventory may be reduced by no more than ten percent (10%) to accommodate required disabled parking, otherwise a variance would be required. Staff is requesting that the Council now adopt the attached ordinance. Attached please find the following: 1. Ordinance adopting the proposed amendment. CITY MANAGER'S RECOMMENDATION: Approval ( Not Recommended ( ) Submitted with Comment ( ) Policy Detennination by Court ( ) City Comments: ( J ( ) Consent Item ( ) Regular Time ( ) Public Hearing Required City Manager Pro Tempore Signature: � ",k 1) ®� � 1_Sh`Date: ORDINANCE NO. 735 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING MUNCIPAL CODE SECTION 17.16.040 PERTAINING TO PARKING EXEMPTIONS THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: SECTION 1. Findinp_s. The City Council finds that: A duly noticed public hearing regarding the proposed revision to the Municipal Code was held by the Planning Commission on March 10, 2005. 2. A duly noticed public hearing regarding the proposed revision to the Municipal Code was held by the City Council on March 22, 2005. 3. The proposed amendments are consistent with Section 17.16.060 of the Municipal Code, which directs that parking facilities shall comply with the handicapped parking requirements of the California Administrative Code (Title 24, Part 2, Chapter 2-71) and with the sign requirements of the California Vehicle Code, Section 22507.8. 4. The City Council has adopted the environmental findings for this project, as outlined in the attached Resolution No. 2005-77 and has otherwise carried out all of the requirements of the California Environmental Quality Act. SECTION 2. CODE SECTION 17.16.040 OF THE ROHNERT PARK MUNICIPAL CODE IS HEREBY AMENDED to read and provide as follows: Chapter 17.16.040.D. If an existing parking lot does not provide adequate parking spaces for the disabled and cannot otherwise be reconfigured to achieve the City's required inventory of parking spaces, the planning and community development director may approve a reduction in the number of parking spaces by up to a maximum of three parking spaces or a total of ten percent (10%), whichever is less, in order to accommodate required disabled parking. SECTION 3. EFFECTIVE DATE This ordinance shall be in full force and effective 30 days after its adoption and publication or posting as required by law. This ordinance was introduced on the 22nd day of March, 2005 and DULY AND REGULARLY ADOPTED this 12"' day of April, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROIINERT PARK Mayor APPROVED AS TO FORM: ATTEST: City Attorney 2 City Clerk ORDINANCE NO. 735 AMENDING SECTION 17.16.040 OF THE PARKING EXEMPTIONS TO ACCOMMODATE REQUIRED DISABLED PARKING ITEM WC FOLLOW T- M10 1 Miscellaneous CITY OF ROHNERT PARK A ends - z -o COUNCIL AGENDA ITEM TRANSMITTAL REPORTcopy to: Department: Finance ***City Clerk Use Only Meeting Date Held Until Submitted By: Deborah Lauchner 4/12/05 Finance Services Manager Item No. Submittal Date: April 5, 2005 Title: Ordinance Amending Title 6 of the Rohnert Park Date of Action: Municipal Code Concerning Animal Control Regulations Deadline Date for: Council Action- ed Council Action: Ordinance Summary: The current version of the Municipal Code concerning animal control regulations has not been updated or changed much since 1966. There have been several changes to State Laws and to current practices that are not currently addressed in Title 6 concerning animals. This ordinance fully updates the City Municipal Code to incorporate the necessary changes and add enforcement procedures. For the past two years, Sonoma Community Animal Network (CAN), a coalition of the animal shelters and various rescue and animal welfare groups in the county has worked together to write a model animal control ordinance. The coalition was assisted by attorney Larry Weiss of Sonoma People for Animal Rights. The goal of this coalition was to achieve uniformity and consistency among the local agencies in the area of animal control. This ordinance was adopted almost in it's entirety by Sebastopol and portions were adopted by Petaluma. City staff has tailored the original ordinance to fit the needs of the City of Rohnert Park and this is what is being presented to the Council. In addition to the changes that address State Law and current practices, there are added requirements to have cats vaccinated for rabies as a condition of licensing, rules and regulations on tethering dogs, animal licensing for kennels and pet shops, mandatory sterilization and micro -chipping for animals that have been impounded twice while under same ownership and a section on animals in vehicles. At the Council meeting on March 22, 2005, the Council requested clarification in the ordinance regarding maximum number of animals allowed for a resident as well as information on potbellied pigs and feral cats. Staff has incorporated the requested information regarding potbellied pigs and feral cats to section 6.02.070(h). Also, section 6.04.140 has been added setting forth a maximum number of cats and dogs. A summary of the changes has been completed and is attached. CITY MANAGER'S RECOMMENDATION: ( -1-A--pproval ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments City Manager's Signature: ( ) Consent Item (X) Regular Time ( ) Public Hearing Required SUMMARY OF ORDINANCE NO.738 OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING TITLE 6, ANIMAL REGULATIONS AND PROTECTION Pursuant to Government Code Section 36933 (c), the following constitutes a summary of Ordinance No. 738 introduced by the Rohnert Park City Council on April 12, 2005 and scheduled for consideration of adoption by the Rohnert Park City Council on April 26, 2005 at its meeting held in the City Council Chambers, 6750 Commerce Blvd., Rohnert Park, California. The purpose of Ordinance No. 738 is to assure the health, safety and general welfare of the residents of the City of Rohnert Park and their animals. The ordinance includes changes impacting animal owners such as changing the definition of an owner from 15 days to 30 consecutive days of care, expanding the number of animals permitted per household, lengthening the reporting time for a found animal, and the reduction of post adoption rights of a previous owner from 30 to 15 days after the stray period has elapsed. It also includes changes to ensure the safety of the residents of Rohnert Park by expanding the section on potentially dangerous and dangerous animals. Additions to the code include but are not limited to a section on animal waste, a requirement to have outdoor cats spayed or neutered, a requirement to have cats vaccinated against rabies for licensing, a limit on other types of animals, a limit on tethering a dog, a requirement for pet shops and kennels to be licensed by the shelter in addition to the Business Licensing requirement, a requirement for posting intention to trap cats, mandatory sterilization upon second impound and animals in vehicles. A certified copy of the full text of the Ordinance is posted and available for review in the City Clerk's Office at 6750 Commerce Blvd., Rohnert Park, California. The ordinance shall be in full force and effective thirty (30) days after its adoption, and published and posted as required by law. This ordinance was introduced by the City Council of the City of Rohnert Park on the I2� day of April, 2005, and scheduled for consideration of adoption on April 26, 2005. ORDINANCE NO. 738 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TITLE 6, ANIMAL REGULATION AND PROTECTION, OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, Title 6 of the Rohnert Park Municipal Code addresses animal control; and WHEREAS, the City of Rohnert Park wishes to update its animal control provisions; NOW, THEREFORE, the City Council of the City of Rohnert Park ordains as follows: Section 1. Title 6 of the Rohnert Park Municipal Code "Animals," is renamed "Animal Regulation and Protection," and amended to read in its entirety as follows: TITLE 6, ANIMAL REGULATION AND PROTECTION CHAPTER 6.02 - GENERAL PROVISIONS Section 6.02.010 Purpose: Construction Section 6.02.030 Authority to Set Fees and Charges Section 6.02.050 Penalties Section 6.02.070 Definitions CHAPTER 6.04 - ANIMAL REGULATION Section 6.04.010 Animal Control Officers: Powers and Duties Section 6.04.030 Refusal to Present Animal for Inspection Prohibited Section 6.04.050 Public Nuisances: Prohibited Section 6.04.070 Public Nuisances: Abatement Section 6.04.090 Animal Waste Section 6.04.130 Potentially Dangerous and Dangerous Animals: Penalties Section 6.04.140 Cats and Dogs: Maximum Number Permitted Section 6.04.150 Cats: Spay/Neuter Requirements Section 6.04.170 Livestock: Keeping Restrictions Section 6.04.190 Birds, Rabbits, Rodents, and Reptiles: Conditions for Keeping Within City Section 6.04.210 Birds: Pigeons require permit Section 6.04.230 Birds, Rabbits, Rodents, and Reptiles: At -Large -I- 816545v] 80078/0012 Section 6.04.250 Birds, Rabbits, Rodents, and Reptiles: Maximum Number Section 6.08.030 Permitted Section 6.04.270 Transferring of Animals: Prohibited Conduct Section 6.04.290 Animals Kept in Vehicles Section 6.04.3 10 Neglect of Animals Prohibited Section 6.04.330 Tethering a Dog Section 6.04.350 Biting Animals: Notification and Disposition Section 6.04.370 Reporting Found Animals Section 6.04.390 Posting of Intention to Trap Cats Section 6.06.170 CHAPTER 6.06- COMMERCIAL KENNELS, Section 6.06.190 HOBBY KENNELS, PET Section 6.06.210 SHOPS Section 6.06.010 Commercial Kennel, Hobby Kennel, Pet Shops: License Section 6.08.030 Required Section 6.06.030 Application for License Section 6.06.050 Action on Application Section 6.06.070 Expiration and Renewal of License Section 6.06.090 Denial or Revocation of License Section 6.06.1 10 Appeal for Denial or Revocation of License Section 6.06.130 Conditions for New License After Denial or Revocation Section 6.06.150 License Not Transferable Section 6.06.170 Display of License Required Section 6.06.190 Inspections Section 6.06.210 Standards for Care, Confinement and Treatment of Animals Section 6.06.230 Required Records for Commercial Kennels CHAPTER 6.08 - IMPOUNDMENT Section 6.08.010 Shelter Supervisor: Appointment - Duties Section 6.08.030 Shelter Supervisor: Disposition of Money Received -Report Section 6.08.050 Shelter Supervisor: Record Keeping Section 6.08.070 Impoundment: Animal Subject to Impoundment Section 6.08.090 Impoundment: Care of Animals Section 6.08.110 Impoundment: Notification Section 6.08.130 Impoundment: Redemption - Generally Section 6.08.150 Impoundment: Redemption - Fees Section6.08.170 Impoundment: Challenge by Owner Section 6.08.190 Impoundment: Mandatory Sterilization for Second Impound Section 6.08.210 Impoundment: Disposition of Impounded Animals Section 6.08.230 Impoundment: No Redemption or Disposition of Animals for -2- 816545v] 80078/0012 Research Purposes Section 6.08.250 Impoundment: Absence of Liability Section 6.08.270 Adoption of Animals: Generally Section 6.08.290 Relief from Fees During Natural Disasters Section 6.08.3 10 Penalty for Violation of this Chapter CHAPTER 6.10 - HEARINGS BY SHELTER SUPERVISOR Section 6.10.010 Hearings by Shelter Supervisor Section 6.10.030 Mailed Notice Section 6.10.050 Contents of Notice Section 6.10.070 Mailing of Notice: Method Section 6.10.090 Hearing by Shelter Supervisor: Decision CHAPTER 6.12- ANIMAL LICENSES Section 6.12.010 License: Required Section 6.12.030 License: Vaccination Required Section 6.12.050 License: Annual Fee Imposed Section 6.12.070 License: Application - Issuance of Certificate Section 6.12.090 License Tag: Duplicate Section 6.12.1 l0 License Tag: Attachment - Exceptions Section 6.12.130 License Tag: Delinquent fee penalty CHAPTER 6.14- CONTROL Section 6.14.010 Restraint/Leash Requirements Section 6.14.030 Dogs in Public Parks: Prohibited - Exception CHAPTER 6.16 — WILD AND EXOTIC ANIMALS Section 6.16.010 Wild and Exotic Animals: Keeping Without Proof of Proper Approvals Prohibited Section 6.16.030 Exotic Animals at Large: Prohibited Section 6.16.050 Display of Wild or Exotic Animals: Prohibited Section 6.16.070 Display of Wild or Exotic Animals: Enforcement Section 6.16.090 Display of Wild or Exotic Animals: Exceptions -3- 816545v1 80078/0012 CHAPTER 6.02 — GENERAL, PROVISIONS Section 6.02.010. Purpose: Construction. This Title is intended to regulate, control and protect animals existing within the City of Rohnert Park. Section 6.02.030. Authority to Set Fees and Charges. The City Council may from time to time, by resolution, establish a schedule of fees and charges for services performed and licenses issued under this Title. The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses. Section 6.02.050. Penalty for Violation of this Title. Violation of any of the provisions of this Title shall be deemed to be an infraction unless otherwise designated. Section 6.02.070. Definitions. For purposes of this Title, unless the context clearly indicates otherwise, certain words and phrases shall have the meaning given to them in this section: a. "Animal" means all nonhuman members of the animal kingdom including domestic, exotic and livestock species. b. "Animal Control Officer" means an employee of the city or the city shelter authorized to enforce all of the provisions of this title relating to the care, control and treatment of animals as well as any state laws which he or she is authorized to enforce. c. "Assistance dog" means a specifically trained canine assigned to a disabled person for the specific purpose of assisting the disabled person. Assistance dogs include, but are not limited to, guide dogs for the blind, hearing dogs, canine companions and pet -assisted therapy dogs. d. "At large" means an animal that is off the premises of its owner and not under restraint by a leash. e. 'Breeder" means any person, business or organization that is recognized as a "breeder" under the Iaws of the State of California. M 816545v1 80078/0012 f. "Commercial kennel" means any lot or premises on which four or more dogs and/or seven or more cats, not to exceed 10 of either, over four months of age; or 13 or more birds, rabbits, rodents and reptiles, up to a total of 20 of all; are owned and kept by the owner or occupant for commercial purposes including, but not limited to boarding, breeding,. buying, selling, renting, exhibiting or training. A commercial kennel shall not include a veterinary facility, S.P.C.A., or the animal shelter. g. "Dangerous Animal" means an animal, except a dog assisting a public safety officer engaged in law enforcement duties, which demonstrates any or all of the following behavior: 1. An attack, without provocation, which results in a severe injury to any person in a place where such person is conducting himself peaceably and lawfully; 2. A second attack, without provocation, which requires a defensive action by any person to prevent bodily injury and /or property damage in a place where such person is conducting himself peaceably and lawfully; 3. A second attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal(s); 4. A second display of behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably,and lawfully. h. "Domestic animal" means any animal customarily kept by humans for companionship, including, but not hinited to, dogs, cats, birds, rabbits, hamsters, potbellied pigs, guinea pigs, mice, rats, iguanas and the like. Feral cats are not domestic animals. "Exotic animal" means any species of animal not normally considered domestic or livestock. For purposes of this definition, "exotic animal" shall be defined as those animals defined by California Fish & Game Code Section 2116 as "wild animals." This includes, but is not limited to, the species listed in California Fish & Game Section 2118. j. "Health officer" means any Public Health Officer of Sonoma County or designee. -S- 816545v1 80078/0012 J. "Nobby kennel" means any place or premises on which four or more dogs or five or more cats, not to exceed ten of either, over four months of age; or 13 or more birds, rabbits, rodents and reptiles, up to a total of 20 of all; are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or enhancing or perpetuating a given breed, other than dogs used in conjunction with an agricultural operation on the lot or premises. No hobby kennel operator shall sell, display, offer for sale, barter or give away more than two litters of puppies and/or two litters of kittens in any calendar year. k. "License" means a permit obtained from a governmental or quasi - governmental agency which allows a person, business or organization to do described acts or maintain described premises. 1. "Livestock" means any animal kept by humans that do not customarily inhabit their owners' dwellings. Includes, but not limited to, equine, bovine, ovine, caprine, porcine, and any species of chickens, ducks, pigeons, geese, turkeys or other domesticated fowl, but excluding bees. in. "Owner" or "Owner/Guardian" means any person who keeps or has charge of or provides custody or care to an animal for at least 30 consecutive days. This definition shall exclude veterinarians who are treating or caring for an animal in the regular practice of veterinary medicine as well as the owners or operators of an animal grooming business, kennel or pet shop while engaged in the regular practice of such business. Use of the term "Owner/Guardian" in place of "Owner" shall not imply or bestow any change in legal status or ownership of animals by the use of such term. n. "Pet shop" means any premises wherein animals are kept for the purposes of wholesale or retail sale, exchange or hire to the public. o. "Potentially Dangerous Animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior a first time, on public or private property, but does not inflict serious injury to either a human or another animal: 1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and /or property damage in a place where such person is conducting himself peaceably and lawfully; 2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal(s); I on 816545vl 80078/0012 3. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably and lawfully. p. "Service dog" means any dog under the control of a Public Safety Officer in the performance of, or training for, public service. q. "Serious Injury" means any physical injury to a human or animal that results in muscle tears or disfiguring lacerations, or requires multiple sutures or, corrective or cosmetic surgery, or causes severe bruising. r. "Shelter Supervisor" means the supervisor of the City's shelter or her or his designee. s. "Welfare organization" means any nonprofit public benefit corporation that is organized for the purpose of improving the lives or welfare of animals. CHAPTER 6.04- ANIMAL REGULATION Section 6.04.010. Animal Control Officers: Powers and Duties. a. All Animal Control Officers shall enforce all of the provisions of this title of the City Code and all State laws relating to the care, control and treatment of animals. b. If an Animal Control Officer has reasonable cause to believe that any person has violated any of the provisions set forth in subsection a. of this section, the Animal Control Officer may issue a citation to such person to appear in court to answer such charge. c. Any Animal Control Office may seize, impound and dispose of any animal when authorized to do so by the City Code or by the laws of this State relating to the care, control and treatment of animals. Section 6.04.030. Refusal to Present Animal for Inspection Prohibited. No person shall fail or refuse to comply with any lawful order of an Animal Control Officer under this title to present an animal for inspection. -7- 816545vl 80078/0012 Section 6.04.050. Public Nuisances: Prohibited. No owner, guardian or person otherwise having an animal in her or his care, charge, control, custody or possession shall pen -nit or allow the existence of a public nuisance, including, but not limited to the following: a. permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by running at large, chasing vehicles, molesting passersby, or continual barking, howling, screeching or otherwise making excessive noises; b. permit such animal to damage property, enter on public property, or trespass on private property; c. permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property: d. maintain a potentially dangerous or dangerous animal, as defined in Section 6.02.070, in a manner that creates a significant threat to the public health, safety or welfare; e. keep or maintain any animal in violation of the zoning code of the City. Section 6.04.070. Public Nuisances: Abatement. Whenever an Animal Control Officer has reasonable cause to believe that a public nuisance exists, he or she may conduct an investigation of the alleged nuisance. Whenever an Animal Control Officer receives three or more complaints or affirmations in writing from persons having separate residences in the same neighborhood or employed regularly in the same neighborhood that any animal is a habitual nuisance by reason of trespassing, continual howling, barking or other noise, such as screeching bird noises, or by damage to property, by vicious action or propensity, or by any other means or conditions causing undue annoyance, the Animal Control Officer may investigate to determine if a nuisance exists. if the Animal Control Officer finds that a nuisance does exist, as defined in this Chapter or otherwise in the Rohnert Park Municipal Code, the nuisance shall be abated in accordance with Chapter 1.24 of the Rohnert Park Municipal Code. Notwithstanding any of the preceding, no animal that is part of an agricultural operation, exempt from being or becoming a nuisance by Civil Code Section 3482.5, shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this title and state law. 816545v 1 80078/0012 Section 6.04.090. Animal Waste. No owner or person otherwise having an animal in his care, charge, control, custody or possession, except a disabled person using an assistance dog, shall permit or allow any animal to do any of the following: 1. Defecate on any public street or other public property without immediately cleaning or removing the excrement to a proper receptacle. 2. Defecate on any private property other than that of its owner without the consent of the owner, lessee or other person in control of the private property. b. Any person owning or otherwise having an animal in his care, charge control, custody or possession on any public street or other public property shall carry a tool or device to be used for cleaning or removing animal excrement. This tool or device shall be presented to the Animal Control Officer upon demand. Section 6.04.130. Potentially Dangerous and Dangerous Animals: Penalties. For the purposes of this Title, a person is peaceably and lawfully upon the private property of an owner of the animal when he or she is on such property in the performance of any duty imposed upon him by the laws of the state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied. a. Any person who owns or has in his or her custody or control any animal known by that person to be potentially dangerous or dangerous to the safety of any person or other animal, or any animal about which any Animal Control Officer has given notice in writing to the owner or custgdian thereof of a suspected dangerous propensity, shall keep such animal safely and securely restrained at all times. Any such animal, which is allowed beyond safe and secure restraint, is a public nuisance, and the owner or keeper of such an animal may be charged with an infraction for the first violation and a misdemeanor for any subsequent violation. b. Any person who owns or has custody or control of any animal which causes physical injury to any person or animal while not restrained in accordance with this Chapter may be charged with an infraction for the first violation and a misdemeanor for any subsequent violation. If an Animal Control Officer has probable cause to believe that an animal poses an immediate threat to public safety, the animal may be seized and impounded pending a hearing to determine if the animal is a public 0 816545v1 80078/0012 nuisance in accordance with Chapter 1.24 of this Code. If the animal that has been impounded is found by the hearing officer to be a nuisance, the owner or keeper of the animal shall be liable for all costs and expenses of impounding and keeping the animal. Section 6.04.140. Cats and Dosis: Maximum Num No person shall keep or have upon any premises owned, occupied, or controlled by him or her within the City more than three dogs or four cats without a hobby or coirunercial kennel license. Section 6.04.150. Cats: Spay/Neuter Requirements. No person owning or otherwise having a cat over four months of age in his or her care, charge, control, custody or possession shall cause, permit or allow such cat to be unconfined in or upon any public street, road, alley or other public or private place, including the exterior yards of the animal owner's property, unless such cat is spayed or neutered. An Animal Control Officer may seize or impound every cat found in violation of this section and shall require the owners or guardians of the cat to either spay or neuter the cat within fifteen days of such violation or produce a certificate of sterilization proving that the cat is already altered. Failure to comply will result in a citation. When a person is cited or an animal is impounded under this section, the owner of the cat, if known, shall be notified in writing and given seven calendar days to request a hearing to determine if such sterilization should be held in abeyance. Section 6.04.170. Livestock: Keeping Restrictions. No person shall stable, keep, pasture or maintain livestock within the limits of the City, unless expressly allowed to do so by the zoning code. No person owning any interest in any lot or parcel of real property within the limits of the City shall permit livestock to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning code. This section shall not apply to any circus, carnival or show otherwise permitted to operate temporarily within the limits of the City. Section 6.04.190. Birds, Rabbits, Rodents and Reptiles: Conditions for Keeping Within City. No person shall keep on any premises owned, occupied or controlled by him or her any birds, rabbits, rodents or reptiles unless such animals are kept in an enclosure sufficient in all respects to confine such animal within such enclosure and no part of such enclosure shall be situated within twenty-five feet of any dwelling built for occupation by or occupied by human beings, except such -10- 816545v1 80078/0012 dwelling as may be owned or occupied by the person owning or having control of such animal. Notwithstanding provisions in this Section, no person shall overcrowd in any crate, hutch, box or other receptacle any birds, rabbits, rodents or reptiles or fail to provide proper food, water, shelter or sanitation for the same. Section 6.04.210. Birds: Pigeons Require Permits. The term pigeons as used in this chapter includes all pigeons, whether domestic or wild and expressly including "homing" or "racing" pigeons. No person shall keep any pigeons inside the city limits unless a permit has first been obtained from the city except for persons keeping less than three pigeons solely as pets. Section 6.04.230. Birds, Rabbits, Rodents and Reptiles: At -Large. No person owning or having the custody or control of any domestic bird, rabbit, rodent and/or reptile shall permit such animal to run at large. The Animal Control Officer may seize and impound any such animal found in violation of this section and such impoundment shall be pursuant to this Title. Section 6.04.250. Birds, Rabbits, Rodents and Reptiles: Maximum Number Permitted. No person shall keep or have upon any premises owned, occupied, or controlled by hien or her within the City, birds, rabbits, rodents or reptiles exceeding at any one time twelve in number, without a hobby kennel permit. Such number shall be construed to mean twelve in the aggregate or total number of such animal, regardless of the particular kind or age of such animal. Section 6.04.270. Transferring of Animals, Prohibited Conduct. No person or organization shall sell, display, offer for sale, barter, or give away any animal as a prize. Transfers of ownership or guardianship of animals by sale or gift are prohibited except when undertaken by a person licensed to operate a commercial kennel, hobby kennel, or pet shop, or as part of an agricultural operation, commercial hatchery, or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter, or gift occurs on the owner's or recipient's premises or on the premises where the animal is boarded or kept. This section shall not be construed to prohibit the adoption or display of animals for adoption from an animal shelter or other animal welfare organization nor the sale or gift of a pet, or its offspring, by its owner or guardian, or by the family or individual owning the same as a family pet, which transfer occurs upon the property of such person. -11- 816545v] 80078/0012 Section 6.04.290. Animals Kept in Vehicles. a. An animal shall not be confined in a vehicle unless there is adequate ventilation and unless the temperature or other conditions do not threaten the health of the animal. If an animal is confined in a vehicle in a manner that threatens its health, any Animal Control Officer or any Peace Officer may enter the vehicle by whatever force is reasonably necessary to release the animal without liability upon the City or any person for resulting damage. b. Any animal that has been confined in a vehicle in violation of this section may be impounded pending a hearing to determine if the animal shall be returned to its owner. In the event of any such impoundment, the owner or keeper of the animal shall be liable for all costs and expenses of impounding or keeping the animal. C. Section 23117 of the Vehicle Code of the State of California is hereby incorporated into this ordinance. d. Any Animal Control Officer or Peace Officer may remove an animal that is not properly tethered in accordance with subsection (c) herein without liability upon the City or any person for resulting damage. The driver of the vehicle may be cited for violation of such duty. e. With the exception of RVs or motor homes that are adequate and serve as the residence of the owner, animals may not be housed in vehicles. Section 6.04.3 10 Neglect of Animals Prohibited. No Owner/Guardian or other person in control of any animal shall cause or permit such animal to be without proper care and attention. -12- 816545v1 80078/0012 Section 6.04.330. Tethering a Dog_ A dog may not be restrained for more than 10 hours in a 24 hour period. a. The tether or chain provided must be at least 10 feet in length, with swivels at both ends, and be properly attached to a pulley or trolley mounted on a cable so as not to interfere or become entangled with the animal or objects on the property. b. Any tethering system used shall not allow the dog to leave the property of their owner or possessor. c. No chain or tether shall weigh more than one-eighth of the dog's body weight. d. Any chain or tether shall be attached to a properly fitting flat collar or harness worn by the dog. The use of choke chains or pinch collars is prohibited. e. The chained or tethered dog must have constant access to necessary shelter and water. Section 6.04.350. Biting Animals: Notification and Disposition. a. The Owner or other person in custody or control of any animal that bites a human being shall immediately notify the Department of Public Safety of such bite, giving the name and address of the person bitten, if known to him/her, and shall obey any quarantine instructions given by the Department of Public Safety and/or Health Officer. The Animal Control Officer may, in her or his discretion, order the animal quarantined at the Shelter, at a veterinarian's office, or at the owner/guardian's residence and may impose such reasonable conditions thereon as may be required. b. If any person fails or refuses to obey any lawful order for the quarantine of an animal for observation of rabies, the Animal Control Officer may impound the animal for such quarantine at the expense of the owner. The Animal Control Officer shall charge the owner in such case for the care and board of the animal. Such rates shall be set by resolution of the City Council. The redemption fees provided in section 6.08.150 shall also apply to an animal quarantined for rabies observation. Section 6.04.370. Reporting Found Animals. Any person who apprehends or picks up a stray or apparently lost animal shall report the salve to the Animal Shelter within 24 hours and shall release such -13- 816545v] 13- 816545v1 80078/0012 animal to the owner or to the Animal Shelter upon demand. The person shall provide the Animal Shelter with a complete description of the animal, its location and a means to contact the person keeping the animal. Section 6.04.390. Posting of Intention to Trap Cats. Any person who is intending to trap more than two stray or feral cats on their property within a month, must post such intentions by notifying neighbors on both sides, behind, and across such property. This can be accomplished by anonymously leaving a flyer of such intent on each doorstep of surrounding dwellings. CHAPTER 6.06 - COMMERCIAL KENNELS, HOBBY KENNELS, PET SHOPS Section 6.06.010. Commercial Kennel, Hobby Kennel, Pet Shops. License Required. No person shall conduct, operate or keep any commercial kennel, hobby kennel or pet shop within the City without first obtaining a license pursuant to the provisions of this Chapter. In no case does this licensing requirement replace the requirement for a City Business License. Section 6.06.030. Application for License. Application for a license for a commercial kennel, hobby kennel or pet shop shall be made in writing to the City or designee by the owner of the facility within thirty days after the establishment of such a kennel within the City. Such application shall be on a form approved by the City and shall be accompanied by a license fee, the amount of which shall be established by the resolution of the City Council. If all other requirements for licensing under this Chapter are met, such license fee shall be waived for any commercial kennel devoted exclusively to training or breeding assistance dogs. The City shall require such proof of qualification as the City deems necessary prior to waiving the license fee for any such facility. If the owner of any commercial kennel, hobby kennel or pet shop fails to make application for a license within thirty days after receipt of notice from the City to obtain a license, such owner shall pay a penalty for late licensing, in an amount of which shall be established by the City Council, in addition to the normal licensing fee. The license fee for commercial kennel licenses shall be in lieu of the license fees and registration fees required for individual animals. The license fee for hobby kennel licenses shall be in addition to the license fees and registration fees required for individual animals. -14- 816545v 1 80078/0012 Section 6.06.050. Action on Application. a. Upon receipt of an application for a commercial kennel, hobby kennel or pet shop the City or designee shall review the application and inspect the premises to be licensed. If the City finds that the requirements of this Chapter have been complied with, the City shall issue such license to the owner. If the City finds otherwise, then the City shall deny the license. b. When issuing a license pursuant to this Chapter, the City or designee may make the license subject to such reasonable conditions as the City deems necessary to protect the public health, safety and welfare and the protection of animals. C. Upon issuing a hobby kennel license and payment of the license fees required, the City shall provide the owner of the hobby kennel facility with individual dog license tags for each dog kept on the licensed premises under the license and individual cat license tags for each cat kept on the licensed premises under the license. Section 6.06.070. Expiration and Renewal of License. Every commercial kennel, hobby kennel, or pet shop license issued pursuant to this Chapter shall be annual based on a calendar year. The fee is due and payable on January l of each year or on the date the commercial enterprise begins operation. The fee is non -transferable and non-refundable. The procedure for renewal of any such license shall be the same as for obtaining an original license. If the owner fails to make application for the renewal of such license within sixty days after its expiration, such owner shall pay a penalty for such late application in the same amount as authorized under section 6.06.030. Section 6.06.090 Denial or Revocation of License. The City may deny or revoke any license issued pursuant to this Chapter in the any of following situations: a. Whenever the Animal Control Officer determines by inspection that the licensed premises violate any of the conditions of the license, this title or state law. b Whenever the Animal Control Officer has reason to believe that the owner of the licensed facility has willfully withheld or falsified any information required for the license. -1 5- sl6sasvl 80078/0012 C. Whenever the Animal Control Officer has reason to believe that the owner of the licensed facility, or any employee of the owner who is presently employed by the owner, has been convicted by a court of law within the past five (5) years of a violation of this Title or any other law relating to animals, public nuisance caused by animals or cruelty to animals, in this or any other state. For purposes of this section, a forfeiture of bail shall be deemed to be a conviction of the offense. Section 6.06.110. Appeal from Denial or Revocation of License. Prior to denial or revocation of a license issued pursuant to this Chapter, the City shall notify the owner of the facility, in writing by certified snail, of the intent to deny or revoke the license, the reasons for such denial or revocation, and that such owner may make a written request for a hearing within ten days after the mailing of such notice if he or she desires to challenge the denial or revocation. If a valid request for a hearing is filed, the City shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to this Chapter. Section 6.06.130. Conditions for New License After Denial or Revocation. If a license applied for or granted under this Chapter is denied or revoked, the City shall not grant a new license to the same person for the same activity at the same location for one year after the date of the denial or revocation unless the applicant demonstrates and /or the Animal Control Officer determines by investigation or inspection upon a preponderance of the evidence, in which the burden of proof is upon the applicant, that the grounds upon which the application was denied or the license revoked no longer exists. Section 6.06.150. License Not Transferable. No commercial kennel, hobby kennel or pet shop license issued pursuant to this Chapter shall be transferable. Section 6.06.170 Display of License Required. Every commercial kennel, hobby kennel or pet shop license issued pursuant to this Chapter shall post its license in some conspicuous part of the licensed premises. Section 6.06.190. Inspections. As a condition to the issuance or renewal of any commercial kennel, hobby kennel, or pet shop license issued pursuant to this Chapter, the Animal Control Officer shall have the authority to conduct periodic inspections of the licensed premises. The owner of the facility shall make available to the Animal Control -16- 816545v 1 80078/0012 Officer such information regarding the operation of the facility as the Animal Control Officer shall require. Section 6.06.210. Standards for Care. Confinement and Treatment of Animals. The Animal Control Officer shall establish regulations and standards for commercial kennels, hobby kennels and pet shops licensed pursuant to this Chapter relating to the following: a. The maximum number and species of animals to be kept on the licensed premises. b. The construction, sanitation and maintenance of the facilities on the licensed premises. C. Any other matters pertaining to the humane care, confinement and treatment of animals that the Animal Control Officer deems necessary. Section 6.06.230. Required Records for Coimnercial Kennels. Every commercial kennel licensed pursuant to this Chapter shall keep available, on the licensed premises, records available for inspection by the Animal Control Officer. These records shall contain all of the following: a. The name, current address, and telephone number of the owner or guardian of each animal at the kennel. b. The date each animal entered the kennel. C. The reason for each animal being at the kennel, such as for boarding, sale, breeding or grooming. d. A description of each animal at the kennel, including its age, breed, sex and color. e. A current, valid rabies certificate for each animal over four months of age kept at the kennel. CHAPTER 6.08 — IMPOUNDMENT Section 6.08.010. Shelter Supervisor: Appointment and Duties. The City Council may provide, by contract, for the execution of the office and duties of Shelter Supervisor or Animal Control Officer by any person authorized or organized under the laws of the State of California to act for the humane -17- 816545v l 80078/0012 treatment of animals or to prevent cruelty to animals. The Shelter Supervisor and her or his deputies may collect license, impoundment, quarantine, adoption and other fees as approved by the City. Section 6.08.030. Shelter Supervisor: Disposition of Money Received - Report. All money collected by the animal shelter shall be deposited into the general fund of the city. If shelter services are contracted out, all money collected together with all or a portion of the money collected from the sale of licenses for animals in the City, may be retained by or paid over to the Shelter Contractor in payment for the work, labor and duties performed by the Shelter Contractor in operating the City shelter or other like facility. The Shelter Supervisor shall file a quarterly report with the City as may be required by the Mayor or City Manager or as may be provided by agreement. Section 6.08.050. Shelter Supervisor: Record Keeping. The Shelter Supervisor shall keep such records as the State, Mayor, City Manager or agreement may prescribe. Such records shall at all times be available for inspection by the Mayor or City Manager or his or her designee. Section 6.08.070. Impoundment: Animals Subject to Impoundment. Any Animal Control Officer may seize and impound an animal for a violation of any provision of this Title or state law in any of the following situations where the owner of the animal is not present and the Animal Control Officer has reasonable cause to believe that such seizure is necessary for any of the following reasons: (1) to protect public safety and welfare (2) to protect an animal which is injured, sick or starving (3) to protect an animal from injury which has strayed onto public property or a public right of way (4) to protect a domestic animal from imminent risk of harm (5) to safeguard an animal which is at -large off it's Owner's property Upon the impoundment of any such animal, the Owner, if known, shall be notified and may request a hearing and determination in accordance with the provisions of this Title. Section 6.08.090. Impoundment: Care of Animals. The Shelter Supervisor shall provide all animals in his or her custody with proper food, water, and shelter and shall give them all necessary care and attention. 816545v1 80078/0012 Section 6.08.110. Impoundment: Notification. a. If any animal impounded under this Title is found by the Animal Control Officer to be duly licensed and/or microchipped, the Animal Control Officer shall mail notice by certified mail to the registered Owner of such animal at the address given in the license or microchip application for the animal, or in-person by the Animal Control Officer or a Public Safety Officer. Such notice shall state that the animal has been impounded, the date and place of impoundment, a description of the animal, where the animal is being held, the name, address, and the telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain it is taken by the Owner within six days after the mailing of such notice. Any dog or other animal picked up and impounded pursuant to this Title may be recovered by the Owner only upon payment of the charges and costs of redemption of impounded animals as provided in Section 6.08.150. b. The required holding period for a stray animal shall be six business days, not including the day of impoundment, except that if the shelter is open one weekday evening until 7 p.m. or one weekend day, then the holding period shall be four business days, not including the day of impoundment. Section 6.08.130 Impoundment: Redemption -Generally. Redemption of an impounded animal shall be made by presenting to the Animal Control Officer any required license certificate and identification tag issued by the Licensing Agency or otherwise by establishing ownership and by paying to the Animal Control Officer the redemption fee and all other proper fees and charges accrued as provided for in this Title. If the impounded animal is subject to license under this Title, the owner shall comply with the licensing requirements of the animal prior to its release. Upon such redemption being made, the Animal Control Officer shall release the animal. Section 6.08.150. Impoundment: Redemption -Fees. No dog or other animal shall be released by the Animal Control Officer or her or his deputies until all charges, costs of redemption, and costs of current year's license charge, if any, have been paid by the owner. The charges and costs of redemption to the owners of impounded animals shall be set by resolution of the City Council. Redemption fees will include but not be limited to the following: (a) a fee for each dog or other animal impounded for violation of this title, and in addition, (b) a fee for the actual cost of board, feed and veterinary care for each day or fractional day of Impoundment, shall be due and payable from the owner to the keeper of the impounded ammal(s), and (c) the fees established by Food and -19- 816545v1 80078/0012 Agriculture Code sections 30804.7 and 31751.7. Upon a second impoundment of the same animal while under the same ownership, such animal shall be microchipped and altered within 15 days of being released to the owner (at the owner's expense and at the veterinarian of the owner's choosing) and the cost of the microchipping shall be added to the redemption fee. Section 6.08.170 Impoundment: Challenge by Owner. If the owner of a dog or other animal wishes to challenge the Impoundment, such owner shall personally deliver or mail a written request for a hearing to the Animal Control Officer. Such notice must be received by the Animal Control Officer within 96 hours after Impoundment. if a valid request for a hearing is filed, the Animal Control Officer shall set the time and place for the hearing before the Shelter Supervisor and a City representative and give notification of such to the owner within 36 hours. Section 6.08.190. Mandatory Sterilization for Second Impound. a. Any unsterilized animal which is impounded by any agency, or combination of agencies within this county, twice or more while under the same ownership, within the lifetime of the animal shall be microchipped and ordered spayed or neutered within 15 days of being released to the owner (at the owner's expense and at the veterinarian of the owner's choosing). The cost of the microchipping shall be added to the redemption fee. The owner shall provide written verification from the veterinarian performing the surgery to the Animal Control Officer within 7 days of the surgery. b Any owner of an impounded animal subject to mandatory sterilization under subsection (a) herein may request, in writing, within five calendar days following notice of the second impoundment, a hearing to be conducted by the impounding agency or his or her designee. Such hearing shall be held within five calendar days of such request and shall determine whether good cause exists for an exemption from the provisions of subsection (a) herein. If no good cause is established, then the animal shall be ordered to be spayed or neutered prior to redemption. C. Good cause for an exemption from mandatory sterilization shall exist if the animal was at large due to an act of God, emergency, or other mitigating factor not caused by the negligence of the owner, person in control of the animal, or their agents or a upon presentation of a note from the animal's veterinarian stating that a health condition exists that would preclude such a surgery. The burden of proof to establish good cause for an exemption -20- 816545v] 80078/0012 shall be upon the owner and shall be established by a preponderance of the evidence. Section 6.08.210. Impoundment: Disposition of Impounded Animals. The Animal Control Officer shall keep any impounded animal for the period set forth in Section 6.08.1 l 0.(b) and for such longer period as may be required for any notice to be given under this Title. At any time after the expiration of such period of time, the Animal Control Officer may, unless the owner redeems the animal or unless a bona fide home has been obtained for such animal, destroy the same in a hu vane manner. Any animal, which is voluntarily surrendered to or deposited with the shelter, shall be held for the same holding period and with the same requirement of care as stray animals, except that the period for owner redemption shall be one day, not including the day of impoundment. This holding period is excepted if the animal is determined by a veterinarian to be irremediably suffering, or is surrendered for biting, aggression, or chronic or severe health issues, in which case he or she may be euthanized in a humane manner immediately. Section 6.08.230. Impoundment: No Redemption or Disposition of Animals for Research Purposes. No animal impounded pursuant to this Title or voluntarily surrendered to or deposited with the Shelter shall be redeemed, placed for adoption or otherwise released to any person, institution, or public agency for any research purposes, including, but not limited to, biomedical research, experimentation, instruction, toxicity testing or product testing, that is invasive or harmful to the animal. Section 6.08.250. Impoundment: Absence of Liability_. No liability shall be incurred by the City for the impoundment, redemption or disposition of an animal made pursuant to this Title. Section 6.08.270. Adoption of Animals: Generally. If an impounded animal is made available for adoption, such animal may be adopted by any qualified person upon submission of an approved application and payment of an adoption fee, the amount of which shall be established by resolution of the City Council. If such animal is adopted to a Rohnert Park resident, and has received a rabies vaccine, then the person adopting the animal shall, prior to the animal's release, comply with the licensing requirements for the animal. -21- 816545v 1 80078/0012 If a stray animal is released or adopted to another person, the owner of such animal may, at any time within fifteen (1 S) days after the stray period has elapsed, redeem the animal by paying any fees due to the shelter and reimbursing the adopter the amount of adoption, plus covering any expenses incurred during the period the adopter had possession of the animal. Section 6.08.290. Relief from Fees During Natural Disasters. Upon the recommendation of the Shelter Supervisor the fees provided for in this Chapter may be waived or paid from the City's General Fund when animals have been impounded because of conditions within the City or the immediate area due to fire, flood, earthquake, storm or other natural disaster. CHAPTER 6.10 - HEARINGS BY SHELTER SUPERVISOR Section 6.10.010. Hearings by Shelter Supervisor. a. Unless otherwise specifically provided in this Title or by State law, when a provision of this Title requires that a hearing be conducted, then notice of hearing shall be given in all of the following ways: Notice of the hearing shall be mailed or delivered at least 96 hours prior to the hearing to the applicant, license holder, or owner/guardian of the animal as the case may be. If there is no known address to which to send the notice, then notice shall be posted in at least one place on or near the premise where the animal was impounded. 2. Notice of the hearing shall be posted at least 96 hours prior to the hearing on a bulletin board in a public area at the animal shelter, on or near the doors of the meeting room where the hearing will be held. If the hearing is to be held at a location other than the animal shelter, then notice shall be posted on the door or bulletin board of that location where the hearing is to be held. b. The notice shall include the information specified in Section 6.08.110. In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable. -22- 816545v 180078/0012 Section 6.10.030: Mailed Notice. When a provision of this Title requires that notice of a hearing be given, such notice shall also be mailed or delivered at least 96 hours prior to the hearing to any person who has filed a written request for notice with the Shelter Supervisor. Section 6.10.050. Contents of Notice. When a provision of this Title requires that notice of a hearing shall be given, such notice shall include the date, time, and place of the hearing, the identity of the hearing officer, a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the licensed premises, if any, that is the subject of the hearing, a notice that the applicant, license holder, or owner/guardian of the animal has a right to an attorney and that non-attendance at such hearing will be considered a waiver by that person of his or her right to present evidence at the hearing. Section 6.10.070. Mailing of Notice: Method. Mailed notice pursuant to Section 6.10.010 shall be sent first class and deposited, postage prepaid, in the United States mail and notice shall be deemed given when so deposited. Section 6.10.090. Hearing by Hearing Officer: Decision. When a provision of this Title requires that a hearing be conducted, the hearing shall be conducted as follows: a At the time and place set for the hearing, a hearing officer shall consider the matter at issue. The hearing officer shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may apply. The hearing officer shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing until the time period to file an appeal has lapsed, and then may destroy such evidence or return it to the parties from which it originated if they have requested that such be done. If the Shelter Supervisor designates a deputy to conduct the hearing, the deputy shall not have had any prior direct involvement in the matter being heard. The hearing officer may decide all issues for or against the applicant, license holder, or owner of the animal and may render such decisions even if such person fails to appear at the hearing. b. Within ten days after the hearing is closed, the hearing officer shall render a decision. The decision shall contain findings of fact and conclusions of law. The decision shall also set forth the right to appeal and the procedures for -23- 816545v1 80078/0012 initiating and carrying out an appeal. A copy of the decision shall be mailed by certified mail to the applicant, license holder, or owner of the animal. CHAPTER 6.12 — ANIMAL LICENSES Section 6.12.010. License: Required. Every owner of a dog or cat which is four months of age or older, and which is kept in the City, shall obtain a license tag and annual license for such dog or cat from the licensing agency and shall pay the annual fee imposed by a resolution of the City Council. No person shall refuse to exhibit such license when so directed by a Public Safety or Animal Control Officer. Section 6.12.030. License: Vaccination Required. The licensing agency shall not issue any dog or cat license under this Chapter without presentation of a certificate of vaccination signed by a veterinarian showing that the dog or cat has been vaccinated with an approved rabies vaccine and the period of time from the date of vaccination to the date of expiration of the vaccination does not exceed the time interval prescribed by the State Department of Health. In no case shall a license be issued with an expiration date greater than the rabies vaccination expiration date. Where a certificate of vaccination shows that a dog should not be vaccinated due to infirmity or other disability, the nature of the infirmity and/or other disability and the estimated date of termination thereof shall be shown. Section 6.12.050. License: Annual Fee Imposed. An annual dog and cat license fee set by resolution of the City Council is imposed upon every dog and cat four months and older which is kept in the City by any person who is an owner as defined in Section 6.02.070. Such license fee shall be reduced by at least 50 percent for spayed or neutered dogs or cats. The license fee is due and payable thirty days following the day upon which the dog or cat is four months old, or thirty days following the day upon which the dog or cat, if over the age of four months, is first owned by a resident of the City and thereafter on the anniversary date of the license or upon expiration of the rabies vaccination. The fee is an annual fee and shall not in any case be prorated. Section 6.12.070. License: Application - Issuance of Certificate. Upon each application for a license, the owner shall furnish to the City, in writing his or her name, the address where the dog or cat is kept, the name, breed, age, sex and color of the animal, and proof of current vaccination. The City shall furnish application forms for such purpose and upon payment of the fee, and penalty, if any, shall issue a numbered license tag. -24- 816545v] 80078/0012 Section 6.12.090. License Tag: Duplicate. If a license tag is lost or destroyed, a duplicate or other tag in lieu thereof shall be procured from the licensing agency within 30 days after loss or destruction. Upon receiving payment of a replacement fee, the licensing agency shall issue a replacement tag to the owner. The replacement fee shall be fixed by resolution duly adopted by the Council which may be amended as necessary. Section 6.12.110. License Tag: Attachment - Exceptions. The dog and cat license tag issued to any dog or cat licensed pursuant to this article shall be securely affixed to a collar, harness, or other device and shall be worn by such dog or cat at all times that the animal is in the City, except when the animal is confined in a commercial kennel, hobby kennel, or veterinary facility, or it is being exhibited at a show, field trial or other competition. The license tag shall be shown by the owner at any time upon demand by the Animal Control Officer, licensing agency or its representatives. Section 6.12.130 License Tag: Delinquent fee — penalty. The annual dog and cat license fee is delinquent if not paid in (60 days after it becomes due. A delinquent fee shall be added to any delinquent animal license fee. The delinquent fee shall be fixed by resolution duly adopted by the Council which may be amended as necessary. CHAPTER 6.14 — CONTROL., Section 6.14.010. Restraint/Leash Requirements. a. No person owning or otherwise having an animal in his or her care, charge, control, custody or possession shall cause, permit, or allow such animal to enter or trespass upon public or private property so as to damage or destroy anything of value therein, or to interfere with the owners or occupants' use and enjoyment thereof b. No person owning or otherwise having a dog in his or her care, charge, control, custody or possession shall cause, permit or allow such dog to be in or upon any public street, road, alley or other public place unless such dog is restrained and under control by a leash no more than 6 feet in length or confined in a vehicle in a manner allowed under Section 6.04.290. C. The restraint requirements provided in this Section shall not apply to a service or assistance dog; a dog participating in field or obedience trials; animal exhibitions; or a dog assisting a Public Safety Officer engaged in law enforcement duties. -25- 816545v 180078/0012 d. Any animal found in any public place, or upon private property of another without the consent of the owner or possessor of the private property, in violation of this Title, may be impounded. Section 6.14.030. Dogs in Public Parks: Prohibited - Exception. Dogs are prohibited in public parks and playground areas unless such dogs are under physical restraint by a person capable of controlling the dog by means of a leash. This provision shall not apply to any area specifically designated as a dog park or off leash exercise area. CHAPTER 6.16 — WILD AND EXOTIC ANIMALS Section 6.16.010. Wild and Exotic Animals: Keeping Without Proof of Proper Approvals Prohibited. No owner of any wild or exotic animal shall maintain such animal without proof of proper federal and state permits, inspections, and other required approvals. Section 6.16.030. Exotic Animals at Large: Prohibited. No person shall permit or allow any exotic animal to run at large. The Animal Control Officer may seize and impound any exotic animal found in violation of this section and such impoundment shall be pursuant to this Title. Section 6.16.050. Display of Wild or Exotic Animals: Prohibited. It shall be unlawful for any person to display or sponsor a display of wild or exotic animals on any public or private land within the City of Rohnert Park. Section 6.16.070. Display of Wild or Exotic Animals: Enforcement. Police officers and the City's Animal Control Officers shall have the power and authority to enforce the provisions of this chapter and perform all duties imposed by the provisions of this chapter. Section 6.16.090. Display of Wild or Exotic Animals: Exceptions. The following are exempt from the provisions of this chapter: a. Institutions accredited by _the American Zoo and Aquarium Association. b. Veterinarians, in the ordinary course of a veterinarian's practice of business. C. Institutions accredited by The Association of Sanctuaries and the American Sanctuary Association. -26- 816545v1 80078/0012 d. Any person not otherwise included in these exceptions, may submit written evidence to the City Manager demonstrating that an additional exception should be granted because it is substantially similar to the purposes of the exceptions provided for in this section." Section 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rohnert Park hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. Section 3. Effective Date. The foregoing ordinance was introduced at a meeting of the City Council of the City of Rohnert Park, California, held on April 12, 2005 , and was passed and adopted at a meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Judy Hauff APPROVED AS TO FORM: �S i S far�.i Cit Attorney, Assistant Gabrielle P. Whelan -27- 816545v1 80078/0012 CITY OF ROHNERT PARK Mayor Jake Mackenzie r>NA0. 3j -i -P -D --1 CITY OF RORNERT PARI{ COUNCIL AGENDA ITEM TRANSMITTAL REPORT.1genda - covy to to: 4SM" : rtment: Building Services Meeting Date 4/12/05 Held Until Submitted By: Ron Bendorff, Senior Planner Submittal Date: April 4, 2005 Agenda Title:. File PL2005-012MC - Proposed amendments to Sections 17.04.030, 17.06.030, 17.06.060, 17.06.100, 17.06.190, 17.07.020(0), and 17.07.020(AA) of the Rohnert Park Municipal Code Regarding Kennels and Small Animals Requested Council Action: Item No. Date of Action: Deadline Date for: Council Action: Adoption of the attached Ordinance approving the proposed amendments to 17.04.030, 17.06.030, 17.06.060, 17.06.100, 17.06.190, 17.07.020(0), and 17.07.020(AA) of the Rohnert Park Municipal Code regarding kennels and small animals_ Summary: The City's Animal Shelter Supervisor has proposed the revision of Title 6 of the Rohnert Park Municipal Code, which contains the City's regulations regarding animals (e.g., animal control, the licensing of pets.) These proposed revisions would conflict with the existing Zoning Ordinance standards regarding kennels and small animals, and this inconsistency requires these standards to be amended appropriately. The applicable Sections of the Zoning Ordinance to be amended are Sections 17.04.030, 17.06.030, 17.06.060, 17.06.100; 17.06.190, 17.07.020(0), and 17.07.020(AA) of the Rohnert Park Municipal Code, as discussed in the attached Planning Commission Staff Report for March 10, 2005. On March 22, 2005, the Council first reviewed this item and adopted the Negative Declaration for the proposal; however, the actual language changes to Title 17 (Zoning Ordinance) were continued to April 12, 2005 to allow the Animal Services Supervisor to make suggested changes to the proposed revision of Title 6. Staff notes that the latter would not affect Planning Staff's proposed revisions to Title 17, so the attached ordinance is essentially the same as was seen by the Council on March 22nd, albeit with the dates changed to acknowledge a second hearing for this item. Attached please find the following: 1. Planning Commission Staff Report for March 10, 2005 on the proposed amendments, which provides (1) the proposal's background, (2) a discussion of the relevant issues pertaining to the proposal, (3) the Resolution Recommending Approval of the Proposed Amendments, (4) other supporting materials, and (5) the Initial Study and Negative Declaration. 2. Council report for March 22, 2005 meeting. 3. Ordinance approving the proposed amendment. Planning Staff will be making a brief presentation on the project at the April 12, 2005 meeting. Please contact me if you require any further information or have questions regarding this proposal. CITY MANAGER'S RECOMMENDATION: (,�<pproval ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by C uncil ( ) City Comments: City ( ) Consent Item (.-)-ligular Time ( ) Public Hearing Required Date: File: PL2005-012MC Date: 3/10/05 Item: 5 City of Rohnert Park Planning Commission Staff Report Project Description Proposed amendments to Sections 17.04.030, 17.06.030, 17.06.060, 17.06.100, 17.06.190; 17.07.020(0), and 17.07.020(AA) of the Rohnert Park Municipal Code regarding kennels and small animals Project Location Citywide Applicant City of Rohnert Park General Plan Designation N/A Zoning N/A Project Description The City's Animal Shelter Supervisor has proposed the revision of Title 6 of the Rohnert Park Municipal Code, which contains the City's regulations regarding animals (e,g, animal control, the licensing of pets.) These proposed revisions would conflict with the existing Zoning Ordinance standards regarding kennels and small animals, and this inconsistency requires these standards to be amended appropriately. The applicable Sections of the Zoning Ordinance to be amended are Sections 17.04.030, 17.06.030, 17.06.060, 17.06.100, 17.06.190, 17.07.020(0), and 17.07.020(AA) of the Rohnert Park Municipal Code. The Planning Commission is asked to revise the proposed amendments and submit a recommendation on them to the City Council. Staff notes that the proposed revised Title 6 is scheduled to be reviewed by the City Council on March 22, 2005, so it is desirable that the Commission's recommendations regarding the pertinent Zoning Ordinance amendments are presented concurrently to the Council. A copy of the proposed revision of Title 6 is attached for the Commission's reference. Staff notes that since the proposed revision is not within the Zoning Ordinance, it is not subject to formal review by the Planning Commission. Project Analysis The existing Zoning Ordinance language that would be affected by the proposed changes to Article 6 are as follows, with the proposed changes and the rationale for each noted in italics after each citation: Section 17.04.030 This section presents the following definition: "'Kennel' means any lot or premises on which four or more dogs, cats, or other small animals, more than four months of age are kept for commercial or non-commercial purposes." Proposed change: Add the wording "seven or more " before the word "cats. " This would bring the definition into conformance with that proposed for.Title 6. 1 File: PL2005-012MC Date: 3/10/05 Item: 5 Section 17.06.030 This section notes that a "Kennel (Commercial and Noncommercial)" is allowed with a conditional use permit in the Rural Residential (RR) and Rural Estate (RE) zoning districts. There is also a reference to the footnote in Section 17.07.020(0), which provides additional requirements for kennels. Proposed change: Remove the words • "and Noncommercial. " This would conform to the proposed amendments to Title 6 by placing the responsibility for the approval of noncommercial kennels (e.g. hobby kennels) with Animal Services, who issues such licenses. The approval of commercial kennels would remain within the purview of the Planning Commission. Section 17.06.060 This section notes that a "Kennel (Commercial and Noncommercial)" is allowed with a conditional use permit in the Regional Commercial (C-R) zoning district. There is also a reference to the footnote in Section 17.07.020(0), which provides additional requirements for kennels. Proposed change: Remove the words "and Noncommercial. " This would conform to the proposed amendments to Title 6 by placing the responsibility for the approval of noncommercial kennels (e.g. hobby kennels) with Animal Services, who issues such licenses. The approval of commercial kennels would remain within the purview of the Planning Commission. Section 17.06.100 This section notes that a "Kennel (Commercial and Noncommercial)" is allowed with a conditional use permit in the Industrial (I -L) zoning district. There is also a reference to the footnote in Section 17.07.020(0), which provides additional requirements for kennels. Proposed change: Proposed change: Remove the words "and Noncommercial. " This would conform to the proposed amendments to Title 6 by placing the responsibility for the approval of noncommercial kennels (e.g. hobby kennels) with Animal Services, who issues such licenses. The approval of commercial kennels would remain within the purview of the Planning Commission. Section 17.06.190 This section notes that a "Kennel (Commercial and Noncommercial) is allowed with a conditional use permit in the Open Space for Agriculture and Resource Management (OS -ARM) zoning district. There is also a reference to the footnote in Section 17.07.020(0), which provides additional requirements for kennels. Proposed change: Remove the words "and Noncommercial. " This would conform to the proposed amendments to Title 6 by placing the responsibility for the approval of noncommercial kennels (e.g. hobby kennels) with Animal Services, who issues such licenses. The approval of commercial kennels would remain within the purview of the Planning Commission. 17.07.020(0). KENNEL. This section is the aforementioned footnote that the reader is directed to in the above sections. It reads as follows: 2