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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. :' c: k4e9e9r�rdede�t�e�c: ti* �eie: c4exsQ�tde�c4e�' e�k3cr:* k�x�::': k: ��e* �c�ex:. ��ck: c� :ckxfc�c:':::�ekde�c�t�e4edc�'c *sere 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. �ekit9e� 'c9c4e�e;Y *' :�tie�c * *�eie�'tx' 9t4c9e *9eic�kx';''�c�e;h *'feet' *; Oat; Y��e; 4': e�ck4e;' tftkie *st9e�4ek�;'c * *�c;'t'�'e;tt�;: 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 }