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1993/02/23 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES February 23, 1993 - Adjourned Meeting- The Council of the City of Rohnert Park met this date in adjourned regular session in the City Offices, 6750 Commerce Blvd., Rohnert Park, California with Mayor Pro - Tempore Reilly presiding. Call to Omer - Mayor Pro - Tempore Reilly called the adjourned regular session to order at approximately 5:10 p.m. Roll Call Present: (4) Councilmembers Eck, Gallagher, Spiro, and Mayor Pro - Tempore Reilly Absent: (1) Mayor Hollingsworth (snowbound in Utah) Staff present for all or part of the meeting: City Manager Netter and City Attorney Flitner. GRAND JURY REPORT WORK SESSION: City Manager Netter said copies were provided to Council of various documents related to the 1992 Grand Jury Report as follows: 1) letter from Jake Mackenzie urging Council to redraft the proposed draft response to the Grand Jury Report for reasons listed therein (copy attached to original set of these minutes); 2) staff working draft dated February 19, 1993 of response to Sonoma County Grand Jury Final Report, 1992, and original City Attorney draft of same dated January 28, 1993; 3) copy of annexation procedures that staff has submitted upon request of local citizens; and 4) letter from Hewlett - Packard Company dated February 17, 1993 from Kit Tuveson, Manager, Facility Operations responding to Grand Jury inquiry about a previously referenced letter from Hewlett - Packard to the City explaining that it was never initiated or mailed. The draft letter was used at a meeting, without designating a particular recipient at City Hall or sender at Hewlett- Packard, but was used simply to introduce a concept Hewlett - Packard was thinking about. Hewlett - Packard decided not to pursue the concept any further at that time, therefore, the letter was never finalized or submitted. Discussion followed during which Council concluded this work session would be carried over to a later date due to the absence of Mayor Hollingsworth and the need for inclusion of his commnts. Therefore, public comments should be heard tonight prior to Council review of responses to the Grand Jury Report. PUBLIC CONNMNTS - Mayor Pro - Tempore Reilly opened the work session to public comments at approximately 5:15 p.m. Helen D. Dell, 4464 Graywhaler Lane, referenced her letter dated February 23, 1993 and shared contents therein expressing concerns of a number of citizens regarding responses to the Grand Jury report (copy attached to original set of these minutes). 1 Rohnert Park City Council Minutes (2) February 23, 1993 - Adjourned Meeting- George Horwedel, 7669 Camino Colegio, expressed disagreement with the way the draft response to the Grand Jury Report was handled by staff and said it should have been treated like a home work project with Council recom- mendations to staff, rather than vice versa. Mr. Horwedel asked about the idea of a tele- prompt machine and suggested installation of this type of signage at various locations like the Performing Arts Center and stop light intersections, so residents could be more informed of Council meeting schedules. He encouraged Council to go out to the residents of the comLmity by having neighborhood meetings in various sections to find out about ideas of the residents. Mr. Horwedel referenced comment in the Grand Jury Report and said the staff person who made the statement about burning the survey should be asked for their resignation because that is the will of the people. Such a comment shows total disregard for the people and is acting irresponsibly. He asked if this work session were being televised and, if not, why not? Daryl L. Dell, 4464 Graywhaler Lane, referenced his letter dated February 23, 1993 asking Council not to soft pedal its response to the Grand Jury Report as it is also a report to the citizens of our City (copy attached to original set of these minutes). He shared contents therein expressing his concerns regarding this matter. There being no one further desiring to speak, Mayor Pro - Tempore Reilly closed public commments at approximately 5:25 p.m. Discussion followed during which Council concluded it would not be necessary to go through the Grand Jury Report page by page to rehash the numerous details of the report since everyone is already totally aware of the overall content of the report. Therefore, Council agreed that the ultimate goal tonight would be to address recommendations accordingly by referencing certain sections of the Grand Jury Report and recommend comments and /or changes in responses as follows: Mayor Pro - Tempore Reilly referenced equal treatment commnts on page 103 and said it should be specified that it is the plan of this Council to have equal treatment of all project proposals based on need, efforts involved and feasibility; Councilmember Spiro said, in all fairness, it should be noted that everybody involved was not contacted about some of the allegations in the report that are not factual, as an example and to make a point, the above - referenced draft letter of Hewlett - Packard that was never submitted and which Hewlett - Packard response letter regarding this matter is available for review. People should keep an open mind since nothing is 100% the way it first appears. The report is just that, a report. The questions will be answered and the emotions should be kept out of it. Councilman Eck said in looking over the historical information and, also, in all fairness of what Council was doing at the time, was disappointed with Grand Jury Report being so non - specific in leaving out names of those who made particular statements. Secondly, he personally thought the surveys were great but was very disappointed in Grand Jury comments 2 Rohnert Park City Council Minutes (3) February 23, 1993 - Adjourned Meeting- relating to same. The Grand Jury needs to be reminded that we are a republic. The City Council was set up by the vote of the people and, even if it chooses not to follow such a survey, that is the process and legal. Politically, it may not be the wisest thing to do, but it is not illegal. Regarding comments referencing the Williamson Act, Rohnert Park has taken care of the political issue because the voters have elected the City Council. But from another standpoint, the general tone and tenure seemed to be a little bit heavy handed. Councilmember Gallagher responded that she personally thought it could have been a lot worse and was glad it was not any worse than it was. PAGES 97 to 102: Councilmember Spiro referenced page 98 regarding the citizens' survey. She thought she recalled two different surveys with contradictions. Apparently, the citizens on one survey voted in favor of affordable housing and on the other, did not. Also, every citizen was not given a survey, but rather, surveys were given to each household. Spouses do not necessarily agree. In the future, surveys should be provided to individuals. The second item on the same page referenced the Press Democrat poll whereby a person said her view was not recorded. She expressed concern about the newspaper sharing results of a poll without recording all the results. Discussion followed regarding the logic of surveys with example given that if a survey were done to ask about raising the water bill, the results would say "no ", so surveys cannot be the way to run a government. Council does not have to abide by surveys but must pay attention to policy. The word "ignore" should be changed to "overruled" when referring to Council attention to surveys. Council concerns were expressed relating to content of previous surveys that did not provide proper questions to respond to relevant community needs with suggestion that independent surveys be done in the future rather than by staff. It was pointed out that independent surveys would not go to every resident, but would be statistical surveys provided to random households. Council concluded item #7 regarding surveys should be amended to say something to the effect of "according to acceptable methods of survey" PAGES 102 to 107: Council concerns were expressed regarding Grand Jury comments on page 103 about "unequal access to City Council ". All City Council Nbmber phone numbers are equally available to everyone. Reference was also made on page 103 to above- reviewed letter response from Hewlet- Packard. Under annexation proposals referencing Grand Jury Report comments regarding "preferential treatment ", Council comments included expressing concern that individual Council Member communications could not be regulated. Council concluded procedures and standards should be established that would be equal for everyone. 3 Rohnert Park City Council Minutes (4) February 23, 1993 - Adjourned Meeting- PAGES 108 to 212: Reference was made to page 109 with comment that there would be compliance relating to this section with the above- reviewed procedures in place. Discussion reviewed election procedures referencing the three different options on page 109 whereby concerns were expressed regarding customary procedures in the past relating to before and after elections. Reference was made to page 117 whereby Council comments questioned comments in the Report that the Post Office does have a margin of error but doubted they would say "no, we do not deliver, etc." Council comments referenced page 115 regarding distribution of capacity with recognition of need for clear policy and the need to recognize changes in state law. Response could be given to Grand Jury that these concerns are appreciated but Council thought there were allowances in some of the changes in the state law regarding low income housing. City Attorney responded to Council inquiry that the allocation of additional waste water treatment capacity referenced in #8 of the draft letter response was made available to interested parties on an annual allocation process. Council concern was expressed referencing top paragraph on page 120 whereby Grand Jury comments included political concern of Council retaliation. Council comments confirmed approval of work sessions with opportunity for citizens to offer best recommendations, however, when further research of such issues conclude the need for Council to make decisions otherwise, it should not be considered a form of Council retaliation. In reference to Grand Jury comments expressing the idea that staff members might be writing reports in preference to any particular Council Member, suggestion was made to schedule work shops between staff and Council to ensure this type of thing does not happen. Discussion ensued pertaining to this matter during which City Manager said he had reviewed this section with all Department Heads whereby there was no acknowledgment that this type of statement was made, nor that thi g type of thing ,as happening, and that these statements were not true. Confirmation was given as common knowledge that any such intimidation from Council to staff would be in violation of Council responsibilities or requirements. City Attorney is available as a buffer and protection for both on occasions when differing opinions occur between Council and staff. The example of the Williamson Act issue was given whereby the City could have been saved a lot of money if it would have been brought up earlier and Council had not voted against staff advice. It is the responsibility of both parties to observe and pursue what is in the best interest of the City. Reference was made to item #6 of draft letter responding to Grand Jury recommendation for a workshop to define roles of Council and staff. Council agreed the response referred more to an action plan rather than a specific date. 4 Rohnert Park City Council Minutes (5) February 23, 1993 - Adjourned Meeting- Council referred to two -page list plus recommendations of Grand Jury, with Council recommendation to emphasize item #9 of draft letter responding to concerns pertaining to selection process used by Rohnert Park in selecting Commissioners and Committees. This is not a patronage system. It is nothing new and other cities use the same method which is known to be very popular, whereby Councils change, philosophies change and new faces emerge. Rohnert Park has had very healthy commissions which has led to real healthy changes in the way citizens become involved with the governing process. There have been several occasions when the first and \or second nomination of a Council Member has not been appointed by majority vote of Council and a Council Member's third nomination was necessary before making a majority appointment by the entire Council. Council agreed this is, and has been, a very good process. Final reference was made to item #5 of draft letter responding to Grand Jury recommendation to cease procedure of establishing City policy in Council Committee meetings. Council comments confirmed that policies are never established in Council Committee meetings, but recommendations from such Council Committees may be made for full Council consideration. The example was given of recent Garbage Council Committee meeting whereby the two Council Committee Members could not even agree on recommendations to full Council. Even so, there is the standing policy that all such Council Committee meetings are open meetings that public is welcome to attend, except in situations that personnel or litigation matters are being discussed. Council concluded this Grand Jury Report Work Session with staff direction to draft response recommendations herein for presentation at a second work session regarding this matter at 5:00 p.m. on Tuesday, March 9th, 1993, prior to the next regular City Council meeting. Adjournment - There being no further business, Mayor Pro- Tempore Reilly adjourned the meeting at approximately 6:15 p.m. yZzj De My -Q y Clerk uy YO Pro -T re