1989/01/24 City Council Minutes (3)Rohnert park City Council Minutes
January 24, 1959
The Council of the City of Rohnert Park met this date in
regular session commencing at `i:00 P.m. in the City offices, 6750
Commerce Boulevard, Rohnert Park, with ?Mayor Cochran presiding.
Call to Order
Mayor Cochran called the regular session to order at approximately
5 :00 p.m. and reported that the Council had met earlier in the
evening for a work session with architects and ad hoc committee
regarding the proposed swim center.
'Pledge of
Mayor Cochran led the Pledge of allegiance.
Allegiance
T'.oll Call
Present: (5) Council members "ck, Hollingsworth, Hopkins, Spiro,
and Mayor Cochran.
Absent: (0)
Staff present for all or part of the meeting: City Manager
Callinan, Pinance Director Harrow, Director of Administrative
Services ?letter, and City Attorney Flitner.
Approval of "Minutes
Upon motion of Councilman rck, seconded by Councilman
uopkins, and unanimously approved, the corrected copy of the minute
of January 10, 1959 were approved as submitted.
Approval of Rills
TTpon notion of Councilman TTopkins, seconded by Councilman
Hollingsworth and unanimously approved, the bills presented per the
attached list in the amount of $3,913,693.13 were approved.
"Ton- agendaed
*Mayor Cochran queried if any Council member has any non- agendaed
items
items to add to the agenda. 'lo one responded.
Unscheduled public
Mayor Cochran stated that in compliance with State Law (The 'gown
Appearances
Act), anyone in the audience who wished to *sake a comment may do
so at this time. No one responded.
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CONSFNT CALE`MAR
Mayor Cochran queried if anvone had anv questions regarding the
matters on the consent calendar. No one responded.
Acknowledging the City Tanager /Clerk's report on the posting of
the agenda.
Resolution *?o.
A RES�LUTIO`1 of TT1F COTT`TCII, �F "�TF !'ITY �F ROTiPIFRT PARK RFJRC''I'1C
39 -09
7-IF CLAIM OF ADAV+ SPINT)ELL ON IRliALF `1F KAT'T7RI" �, COy
Rohnert Park City Council Minutes
(2) January 24, 19`99
Resolution No. A RESOLUTION OF THE COUNCIL OF TJIR CUP,' OF ROHNFRT ?ARK REJ'EC` U
89 -10 CLAI A OF JA ?f S A. C'dASE
Resolution `To. A RESOLUTION OF TTIF COUNCIL OF THE CITY OF RO `INFRT PARK REJECTING
89 -11 VIF CLA.ITI OF STEPHEN '14AR'TER HILL
Resolution No. A RESOLTTTION OF TTTE, COTJNCIL OF THE CITY OF ROTTNERT PARK RFJTCTTNG
89 -12 CLAUt OF TTTF RITRT3ER STTOP, I`TC., dha ROYAL RTJT3T3FR CO.
Resolution No. RFS0LTTr7T0N C.ALLI'T" FOR SFALFT) PROPOSAT.S FOR `IASO�TRY 'JALL S ( *TORTTI
89 -13 SIDE OF SOUTIlUrST WJLFVARD FROM RAIL ROAT) TO "C PARK AND ALONG
VCSTFRLY ROTJNDARY OF CO}-i?UMTTY CF "TT ^R ST.Tr PROJECT `O. 1980 -4 A ?-JD
1988 -16
Resolution No. A RESnLUTION ACUPTTW, CO?•tPLT TION A!NM T)InECTING FNCI "TF':R TO FILE A
59 -14 ?NOTICE OF CO`i°LFTIO'J OVERLAYS A�TD RrCO "TSTRIJCTIO T PROJECT NO. 1983 -9
Resolution No. RPSOT.TJTTOAT A`IENDING AGRFFME'TT WTTTI SI('iNAL ^%ITTTFNANCE INC. (For
`39 -15 Traffic Signal Maintenance)
Resolution No. RFSOLUTTO`T AUTUORT Z JITll COST OF LINTUTG ADJUST fr,�TT FOR CITY
99 -16 EHPLOY779 IN ACCORDAIM7 T•TT T'T PRF TIOUSLY APPROV7) '.47TORAINTMIMS OF
AST EPNENT FOR RFPREST7NTT7T) 17,11)LOYFFS A-',M TTTF OTJTT,T',TF OF CO ^TT)ITT_r)'?S
OF F?fPLOY71FrTT FOR '' TON- T�7PRF,S"TT ?T) 711PLOYEFS
Resolution No. RFSOLUTIO "T CALLTNr, FOR SFAL71) 7ROPOSALS FOR A °A.SSENCFR VANT Fn'
89 -17 RECRFA71OTT T)EPAR717NT
Authorizing contribution of a swimming Pools membership and a
Snorts Center membership for the Education Foundation of Cotati-
T?ohnert Park's "Silent Auction 'lq " to be held on 'larch 4th
Upon motion by Councilman Iopkins, seconded by Councilman
'Toll in-, sworth, and unanimously approved, the Consent Calendar was
approved as outlined on the meetin;'s- agenda.
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Commission Appts. Mayor. Cochran announced that two applicants had been selected
for Planning Commission and Parks & Recreation Commission
positions. Fach one is selected for one appointment for a two
year --A,-- D:__1? 99ig c i, i .
Council Member Spiro stated that she was pleased to see public
support and so many applicants respondinsq to these appointments.
Council ?`Member Spiro then announced her first candidate to fill
the nosition for the Planning Commission is Barney T- Iirson. Mr.
Hirson *.•gas recoIgnized and stated that he has a great deal of
background in business, he is pleased to he able to involve himself
in matters concerning Planning in the City of Rohnert Park.
Rohnert Park City Council Minutes
(3) January 24, 1989
Upon motion by Council 14ember Spiro, seconded by 'Mayor Cochran,
and unanimously approved, the appointment of Barney Hirson to the
Planning Commission was approved.
Council Member Spiro then announced the second candidate selected
to fill the position for the Parks and Recreation Commission, Jay
Potter. Mr. potter was recognized and stated that he has
experience as a sports director and he is the founder of the
Sonoma County Tennis Association. 'Ir. Potter stated that he is
pleased to take this opportunity to become involved with the
Parks and Recreation Commission.
Upon motion by Council 'Member Spiro, seconded by Councilman Tack,
and unanimously approved, the appointment of ..Tay Potter to the
Parks and Recreation Commission was approved.
Mid Year Budget Review Financial Director Harrow was recognized and presented results of
& Financial Report operations for the first six months of the fiscal year, as of
December 31, 1988. Tie explained the financial reports provided to
the Council. T)iscussion followed during which mayor Cochran
inquired about expenditures and the needs to improve the balance
in the sewer operations fund. City Manager Callinan stated that
the City is negotiating rate adjustments with the waste disposal
firm and the City wants to make all the adjustments at once, i.e.
sewer, water, and garbage. Finance Director ??arrow stated that
the staff, is figuring the rate increases and will come hack to
Council shortly.
Ordinance No. 509 AN ORDT?WiTCE OF T77r CITY OF RO'INFRT PARK, STATE OF C.A.LIFOR'TIA,
ADDI`TG CTTAPTFR , OF CITY CODE RFC'JLATI'1(: T'IE rTSE OF TOBACCO
I`T PUBLIC PLACER
'Savor Cochran announced the introduction of an ordinance
regulating the use of tobacco (smoking) in public places and
requested recommendations from staff. City Manager Callinan
stated that he doesn't recommend that the City Council adopt the
ordinance, but adopt the suggested resolution instead. Ke
referred to the staff report provided to the Council, and stated
that he didn't think enforcement is being applied in an even
handed manner in cities who have passed ordinances. Mr. Callinan
stated that the City of Rohnert Park has been a leader in
encouraging non - smoking, requiring permanent employees to he non-
smokers when they are hired or to become non- smokers after a
certain neriod of time. ue stated that the City should enforce
smoking regulations at the level of City government
before mandating ordinances on the public. Tie feels that we should
direct more attention to advising young people of the perils
of smoking, rather than enforce it on adults who have a habitual
addiction. Tie believes that outlawing smoking won't solve the
problem. He gave examples of enforcement and exemptions in other
cities, and referred to certain sections of the ordinance.
Rohnert Park City Council Minutes
(4) January 24, 1989
Public Hearing Mayor Cochran opened the scheduled public hearing regarding, the
smoking ordinance.
Dr. Van Roy, 9333 Sigel nrive, Santa Rosa was recognized. Re is
the Chairman of the Smoking Coalition and he takes care of cancer
patients. He stated that he hopes the City Council will take this
opportunity to enforce this ordinance in the line of public
health. '?e stated that it is a problem for noes -- smokers who
breathe second smoke and employees in public buildings who are
subject to smoke. ,Te stated that smokins, areas and smoke free
rooms have to be set aside as 60 --70Z of the cities in the state
are already doing.
.Jean Cennis, RS Francis Circle, Rohnert Park, was recognized.
She has lived in Sonoma County for 20 years, Rohnert Park for 12
years. She urged the rest of the cities in the county who
have not already joined in enforcing the smoking ordinance to do so.
She believes that you can get the others to join and establish
an ordinance of this kind and not get a lot of resistance from
smokers.
Don !Ieor.;es, 2064 Canoga Court, Santa Rosa, was recognized. "Te is
a representative of the American Cancer Society. He stated th.t
year after year many people die from second hand smoke and that in
the compromises of the City Council he hopes that they wild
enforce an ordinance to save the life of at least one resident of
Rohnert Park. TIe questioned, wouldn't it be worth it?
Betty Terra, 413 Alta Avenue, Rohnert nar'c, was recognized. She
is an active senior citizen in the community. She stated that they
raid have an understanding between smokers and non smokers. She
feels very strongly against smoking. The smokers in the senior
center set aside a.smokin- room, but it is still very unpleasant
for non smokers.
Marlena Machol, 5 Fargo Court, Rohnert Park was recognized. She
stated that she feels that smokers have rights too and that nobody
has a right to restrict their smoking habits. She questioned whose
rights take precedents?
Jim 'Redding, 71147 T3arhi Lane, Rohnert Park was recognized. Tie
supports City 'Manager Callinan's idea to adopt a resolution as
opposed to an ordinance. Tie stated that enforcing an ordinance is
going to be difficult, if not impossible. Specifically, regarding
instances similar to this that are discrimination towards smokers,
and are an intrusion of government. He believes there is fault in
the findings stated by people who want the ordinance enforced, and
that there are always people who are trying to protect others by
enforcing laws to benefit themselves. Regarding bars and offices,
he believes that the difference is equal treatment and that it
is very important to remove smokers without substantial costs. He
Rohnert Park City Council Minutes
(5) January 24, 1988
believes that it will only create problems to try to enforce a
non smoking ordinance and that studies are not emperical, they
are statistical, which is questionable. Discussion followed
during which Council member Spiro inquired where the cost comes
in. Mr. Redding; replied that office buildings need to be modified
to accommodate smokers.
?Caren Wean, 5705 Davis Circle, Rohnert Park, was recognized.
She stated that if we get down to dollars and cents, we are
talking about peoples' lives and people who choose not to smoke
have the right to breathe clean air. She stated that to take care
of our bodies means to take care of our most prized possession.
Jim Clark, 30 Walnut Circle, 2ohnert Park, was recognized. ile
questioned the liability of the City and if the City is protecting
itself. ?ie feels that we should enforce the smoking ordinance.
Roy Smith, 5000 Commerce Boulevard, Rohnert_ Park, was recognized.
Mr. Smith is the owner and operator of a local business. lie stated
that simply passing a resolution can accomplish what everyone
here wants. pie feels that non smoking areas are sufficient.
Discussion followed in which Council 'Member Spiro made an inquiry
to Mr. Smith, as a business owner. She questioned how he handles
non smokers who prefer clean air and are opposed to smoking. le
said that he tries to accommodate the non smokers as well as
smokers.
Rona Berg, 5025 Occidental toad, Santa Rosa, was recognized. She
is the Fducational Director of the American Cancer Society for
Sonoma County. She stated that she takes numerous phone calls
every day in which employees in various areas complain about the
smoke of others and that there are many people who don't have the
guts to take it up with employers. She supports the enforcement
of the smoking ordinance.
Jim Pecker, 300 Golf Course Drive, Rohnert Park, was recognized.
Mr. Decker is the owner and operator of the Rohnert Park Bowling
Alley. Because of the matter of his business, he has been granted
an exception to the non smoking rule. Tie stated that they don't
allow any of their personnel to smoke. Ne is opposed to passing a
smoking ordinance. pie stated that consideration must be given to
how these laws are going to he enforced.
City Manager Callinan referred to letters received by the Council,
which are attached to the or.iRinal set of these minutes, regarding
the smoking issue. Mr. Callinan also reported a phone call from
Dr. Robert Seisem's of Rohnert Park, who supports the smoking
ordinance. Letters were received front the following; Betty
LaDonne, 2021 Illinois Avenue, Santa Rosa, supporting the smoking
ordinance. Mr. Roy Smith, 5000 Commerce Blvd. sent a letter to
the City Council opposing, the smoking ordinance. 'fr. Jon Joslyn,
5800 Commerce Blvd., sent a letter urging the City Council to
Rohnert Park City Council Minutes
(6) January 24, 1989
reject the proposed smoking ordinance.
There being no one else desiring to be heard, '•{ayor Cochran
closed the public hearing.
Discussion followed. (a.4 c.v�j�y��9�
Upon motion by Councilman -'ni ^. , seconded by Councilman Eck,
and approved on the following roll call vote, Ordinance No. 509
was introduced with the following changes;
1. Adding to Section 77Y -3. S*10' {Z'TG OPTT0'TAL AREAS
(G) Bowling alleys, and
(1) Designated smoking rooms for smokers only
2. Changing Section XX -10. Penalties so that the fine for the
first and second violations shall not exceed $25 and $50
respectively and shall not exceed $100 for additional
violations.
ADLILIN G- SWOATH) (,,,a
AYFS: (3) Eck, 44pk , Spiro
Cochran
N ®
PA i iv S
Recess Mayor ^ochran declared a recess at approximately 9;35 n.m.
Reconvene Mayor Cochran reconvened the meeting with all Council members
present at approximately 9:40 p.m.
United Ambulance City `tanager Callinan stated that the Council had been provided
with a copy of the materials regarding San Francisco Ambulance
Service, dba United Ambulance Service. He stated that the firm
has submitted an application for a Certificate of ?ublic
Convenience and "Necessity to conduct ambulance service within the
community. lTr. Callinan stated that Rohnert 'Par!" already has two
amhulance operators, and United Ambulance contracts with Kaiser
Health. Ile stated that in his research of the firm, everything
checked out O.``.. rte explaline'l that �Ut1Lll 11 Mau vccll priivi:ic .—,
a report from Public Safety. He stated that he sees no reason not
Lu issue a certificate to United Ambulance. Discussion followed
during which Mayor Cochran inquired about the necessity of another
ambulance company, and if there is no necessity, whether the City
has the right to deny the application.
Kim Johansen, Chief O aerating Officer of United Ambulance Service
2829 California Street, San Francisco, was recognized. Ile stated
that their company has been in business for 27 years and that they
are a contract ambulance provider for the Kaiser Flealth Care
Foundation in both Sonoma and t4arin counties. They hope to
station an ambulance in the Rohnert park area.
The Council requested counsel from City Attorney Flitner in
retards to the matter of denying the application. he advised that
the City has no right to deny, but does have the right to contro
Rohnert Park City Council 'Minutes
(7) January 24, 1989
how many certificates are issued.
Mayor Cochran opened the scheduled public hearing on the
application.
Mike Neeley, general Manager of Redwood empire Life Support, 940
Petaluma Hill Road, Santa Rosa, was recognized. TTe stated that
his company offers competitive wages and benefits, and that the
amount of business in this area is not enough for the companies.
He stated that to hire another ambulance company is like diving
established business to someone else, and that it is unfair to
businesses already here.
Bob nishler, 2137 Millwood, was recognized. Tie stated that their
average paramedic has been there for five years. He hopes that
Norrbom's will he given an equal amount of time. LTe feels that
the City should consider public necessity.
Jim Clark, 80 Walnut Circle, was recognized. He stated that when
you get into competition, it can be for one thing. He is not in
favor of a third company coming here. He stated that the City
should conduct a feasiblity study that shows the number of cases
in which there is a necessity so that the City has something to go
on. Tie would like to recommend against it. He stated that the
present companies so far, have done a good job.
Kim Johansen was recognized and stated that the companies smaller
than United will not be as sophisticated and that their company
has better benefits to offer. Tie stated that if the City denies
an application to United, they would be denying the opportunity
for a better service to the public.
Council 'Members inquired if their being members of the Kaiser
Health Plan was a conflict of interest. City Attorney Flitner
replied that there may be a question of conflict, but that there
can't be a decision without condisderation.
hiscussion followed in which City `tanager Callinan stated that
this is not a question of quality with the present service. ?Mayor
Cochran stated that it is time for Rohnert Park to insure against
the need of service, or this battle will go on indefinitely.
TTpon motion by Councilman Hopkins, seconded by Council Member
Spiro, and unanimously approved, the matter was continued to
February 14, 1919 Council meeting.
Designating Architect City Manager Callinan stated that City Council had been provided
for the Codding Center with a copy of a letter proposal from Whitson Associates,
Architects & Planners, in regards to building a new senior center,
or remodeling the old one.
Upon motion by Councilman Hollingsworth, seconded by Councilman
Hopkins, and unanimously approved, staff was authorized to engage
Rohnert Park City Council Minutes
(S) January 24, 1989
Whitson Associates as the architect for the Codding Center
building modifications.
Bronze ?dust- Coddings City Manager Callinan stated that Council had been provided with a
copy of the letter of agreement for commissioned artwork from
Gordon punt. Gordon Punt was recognized and briefly described the
making of these busts, and guarantees to cover them. fir. Punt's
letter stated the guarantee is for five years. Councilman Eck
requested that the City have the Work on the busts guaranteed for
ten years, to which `fr. punt agreed.
Upon motion by Councilman Hopkins, seconded by Councilman
Ttollingsworth, and unanimously approved, ordon Punt's proposal to
prepare bronze busts of Hugh and ',,ell Codling was accepted.
Letter from City of City ;tanager Callinan stated that Council has been provided with
Sebastapol a copy of a letter from the City of Sebastapol regarding the
Laguna de Santa Rosa.
Mayor Cochran requested that Council nass this matter on to the
agenda for February 29, 1989, so that they may have more time to
research matter for discussion. Council concurred.
Letter from City of City `tanager Callinan stated that Council has been provided with
Petaluma a cony of a letter from the City of Petaluma regarding the
acquisition of 1,71P right of way. Councilman Eck stated that
Rohnert Park should have a representative at any hearings
regarding this matter. 'tayor Cochran agreed that the City of
Rohnert Park should support the City of Petaluma.
T1pon motion by '.favor Cochran, seconded by Councilman 'Topkins, and
unanimously_ approved, Council agreed to support the City of
Petaluma's position concerning the acquisition of the 19•1P71R right
of way.
T.etter from City `Manager Callinan stated that Council has bean provided with
Assemblyman Hauser copies of the letter from Assemblyman Dan Hauser regarding the
re off -shore drilling proposed off -shorp drilling leases.
Councilman Hopkins made a motion, which was seconded by Councilman
71oliingsworth, that the Council take no action on this matter.
Council 'Member Spiro stated that the Council should take a stand
on this matter, and that we have a number of fisheries in Sonoma
County that will be affected by off -shore drilling. Councilman
Eck agreed and added that the City Council should send- a letter
regarding the issue of off -shore drilling to the Secretary of the
Interior.
Councilman 'Topkins motion was approved by the following roll call
call vote:
AYES: (2) rck, Spiro
NOES: (3) Hopkins, l ollingsworth, Cochran
Rohnert Park City Council Minutes
(9 ) January 24, 1910
RP Expressway Speed City Manager Callinan stated that the Council has been provided
Limit Change with copies of a letter from Randy L. Dickison, suggesting 50 mph
speed limit on RP Expressway. lie stated that Chief Dennett had
recommended 45 mph as a speed limit. Council suggested possibly
returning with an ordinance regarding the matter on February 14,
1999. Discussion followed during which Councilman 7ck stated that
there is no room for the bike riders and speeding cars on RP
Expressway at the present time. Thus, Council concurred that the
speed limit should be left as is.
General Plan -eview Mayor Cochran stated that Council had appointed two Councilmen,
Hollingsworth and uopkins, to return with a report and update
of the general Plan.
Councilman Hollingsworth, on behalf of Councilman Hopkins and
himself, presented a suggested format for a committee to update
the general plan (a copy of the format is attached to the original
set of these minutes).
Discussion followed concerning the suggested format which called
for two Council members, two members from the Planning Commission
a Chamber of Commerce representative member, a representative from
Sonoma State University, and five citizens appointed by each
Council member. Discussion followed in which Council inquired about
the necessary committees and sub - committees, and who should serve
on which. City Manager Callinan requested that City Attorney
Flitner prepare a resolution regarding this matter and return to
Council at the February_ 14th City Council meeting. '"he Council
concurred.
Communications Communications per the attached outline were brought to the
attention of the Citv Council. 'To action was taken on any of these
communications unless specifically noted in these minutes.
City `tanager's Citv Manager Callinan stated that sometime ago, Council had
3eport: discussed Crane Creek Park, and had authorized a letter to the
Crane Creek Park Board of Supervisors. Tie announced that a discussion will be held
on Thursday, February 9, 1939 by the Sonoma County Board of
Supervisors.
Matters from Council A discussion was l?eld concerning the upcoming February kith meeting
with the school district 3oard of Fducation and the matters to be
on the agenda. Councilman Tack asked that a presentation be made
City "4anager Callinan
announced that he
will be attending a
R.F..M.T.F. 3oard meeting
starting at noon
Wednesday, January 25,
through Friday, January
27, 19139.
City Attorney's
City Attorney Flitner
reported on a
recent court decision
Renort:
concerning mobile !tome
rent control in
another city. He also
Miscellaneous
discussed the City's
present litigation
concerning mobile horse
rent control.
Matters from Council A discussion was l?eld concerning the upcoming February kith meeting
with the school district 3oard of Fducation and the matters to be
on the agenda. Councilman Tack asked that a presentation be made
Rohnert Park City Council Minutes
(10) January 24, 1949
concerning the wall at the south end of the high school and the
landscaping proposed for it.
Council R,tember Spiro questioned if she needs approval for a
committee to go ahead on some plans she would like to implement
for the Codding Center, i.e. establishing a youth center Board
and locating, a teen center there. Mayor Cochran stated that he
feels that Council. should give Council `Member Spiro their blessings
to proceed with interest and to report hack when she's ready.
The Council concurred. City ' ?anager Callinan assured the Council
that no space committments for the Codding Center had been
finalized.
Mayor Cochran asked that time be allotted on the next Council
meeting agenda for a presentation given by Pacific Telephone
regarding Fiber Optics.
Mayor Cochran announced that the Sonoma Transportation Committee
is discussing when to put the Sales tax increase proposition on
the ballot. They are considering sometime between 'November 1989,
and June, 19909 or to hold a special election. Discussion
followed.
Adjournz-ient There being no further. business, 'Mayor C ochr n /
;adjour d the
meeting at approximately 10.30 p.m.
Deputy City Clerk 'Mayor
SUGGESTED FORMAT FOR COMMITTEE TO UPDATE THE GENERAL PLAN
CHAIRMAN
COUNCILMAN
CITIZEN
CITIZEN
JANUARY 24, 1989
PLAN
COMM
CITY COUNCIL
• • \ • \f,
CITIZEN II CITIZEN I CITIZEN
UNDER THE DIRECTION OF THE CITY COUNCIL, A COMMITTEE WILL BE APPOINTED CONSISTING OF THE
FOLLOWING: A CHAIRMAN AND A VICE CHAIRMAN TO BE MEMBERS OF THE CITY COUNCIL, TWO MEM-
BERS OF THE PLANNING COMMISSION, A REPRESENTITIVE FROM THE CHAMBER OF COMMERCE, A
REPRESENTITIVE FROM SONOMA STATE UNIVERSITY AND ONE CITIZEN TO BE APPOINTED BY EACH CITY
COUNCILMAN. ANY OTHER COMMITTEES WILL BE APPOINTED AT LARGE.
THE GENERAL PLAN AND THE SPHERE OF INFULENCE SHOULD BE UPDATED AND REFLECT PLANNING
THROUGH THE YEAR 2010.
m � r
}