1997/10/14 City Council MinutesIF
Rohnert Park City Council Minutes
October 14, 1997
The Council of the City of Rohnert Park met this date in regular session
commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park,
with Mayor Linda Spiro presiding.
CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately
7:20 p.m. and led the pledge of allegiance.
ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak- Martinez & Mayor Spiro
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner,
Assistant City Manager Leivo, City Engineer Gaffney, and Planning and Community
Development Director Schulenburg.
1. CLOSED SESSION. Mayor Linda Spiro reported on the closed session which commenced this
evening at 6:00 to discuss matters listed on the agenda attachment, representing an update,
with no action taken at this time.
2 APPROVAL OF MINUTES. Upon motion by Councilmember Mackenzie, seconded by Council-
member Flores, with abstention by Councilmember Reilly due to absence from the meeting,
the minutes of September 23, 1997 were otherwise unanimously approved as submitted.
3. APPROVAL OF BILLS: Upon motion by Councilmember Mackenzie, seconded by Council-
member Reilly, City bills presented per the attached list in the amount of $1,874,382.57
were unanimously approved.
4. ADDING INFORMATIONAL NON- AGENDAED MATTERS.
Mayor Linda Spiro asked Councilmembers or staff if there were any non- agendaed
informational items to add to the agenda. Councilmembers signified several miscellaneous
items to add to the agenda under Council Reports or Matters from Council as follows:
two items from Councilmember Reilly; one item from Vice Mayor Vicki Vidak - Martinez;
three items from Councilmember Flores; one item from Councilmember Mackenzie; and
possibly one or two items from Mayor Spiro.
S. YOUTH CITY COUNCIL REPRESENTATIVES from 1997 -98 Youth of the Year Program
Mayor Linda Spiro introduced Youth Representatives Senior Elizabeth Leonhardt and
Junior Vivian Snyder, who provided the youth report, advising that Council had been
provided with the list of newly selected Juniors for the Youths of the Year Program as
follows: Jessica Batacao, Marisa Eggering, Cynthia Rail, Eric Rico, Arnie Schmale, Vivian
Snyder and Jennifer Weaver. They also advised that they were unable to provide a report
on the recent Youth meeting regarding the teen center, as neither of the Youth Reps
attending this Council meeting were present at that meeting. -- Council welcomed the
newly selected Junior, Vivian Snyder. Councilmember Flores referred to a report on an
interesting concept for a Youth Panel, which he obtained at the recent League of California
Cities meeting he attended, and requested it be distributed to the Youth Representatives.
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6. MAYOR'S PRESENTATION OF'APPRECIATION:
On behalf of the full Council, Mayor Linda Spiro shared contents of Resolution No. 97 -175,
and presented two of the same resolution prepared for Dale and Gary Tatman,
acknowledging and honoring both for their contribution to the Roberts Lake Brick
Memorial. -- Council commended the Tatmans for their efforts, as father and son, working
together on this worthy project. -- Mayor Spiro announced that interested citizens could
contact the Parks & Recreation Department to purchase memorial bricks. As signified later
on this Council meeting agenda, City Manager Netter confirmed a Ceremonial Event for the
Roberts Lake Memorial Brick Project has been scheduled, Saturday, November 1, 1997,
and that appropriate flyers will be made for the occasion.
7 SCHEDULED PUBLIC APPEARANCES.
1) Rev. Sam Tharve re. Annual Thanksgiving Dinner -- Reverand Sam Tharpe of Shiloh
Fellowship, 4070 Snyder Lane, Santa Rosa, requested use of the building space for the
Annual Thanksgiving Dinner, as the City has provided for the past six or seven years, and
also the usual donation toward this event. -- Upon motion by Councilmember Flores,
seconded by Mayor Linda Spiro, to continue the tradition of a contribution in the amount
of $500 and to waive fees for use of the building space at the Burbank Recreation Center
for this Annual Thanksgiving Dinner, was unanimously approved. -- Council expressed
appreciation for all the efforts involved for this beneficial annual event.
2) Dave Eck , re. wastewater options and land use -- Dave Eck, 1311 Rosie Court,
distributed to Council his memo dated October 14, 1997 regarding Wastewater Options
(copy attached to original set of these minutes). He reviewed contents therein expressing
concerns of water reuse regarding the Geysers Option, Geysers Subsidies, Reuse within
Rohnert Park Planning Area, and Future Value of the Water. Dave Eck's concluding
comments signified that as the County develops and as agricultural interest struggle to find
water, the value of the reclaimed water will grow. He thinks the Gallo project is an
example of what the future prospects will be for water as a commodity. His overall
problem with the Geysers project is that it is considered a disposal project. He thinks that
saving at least half the water for reuse in the immediate urban area, would be a prudent
move. The value of the water on down the road is going to be high. -- Discussion
included Councilmember Flores commenting that Former Councilmember Dave Eck has
held a consistent philosophy for over twenty years pertaining to the desire to see
commodities well used and reservoirs used very effectively. Mr. Flores reviewed additional
aspects of these valuable resources and the importance of looking at the different
alternatives being considered and a reduced burden on rate payers.
8. UNSCHEDULED PUBLIC APPEARANCES. Mayor Linda Spiro stated that in compliance with
State Law (The Brown Act), citizens wishing to make a comment may do so at this time
(limited to 3 -5 minutes per appearance with a 30 minute total time limit).
John Hudson, 399 Bonnie Avenue, referred to information provided for the upcoming Community
Summit and expressed concerns about the support of pro- development and no
environmental organization sponsors. He shared his views pertaining to compromise with
developers being a delusion and reasons for supporting greenbelt retention. He also
referred to the recently approved 1997 -98 City budget and reviewed signified amounts on
pages 36 and 33 to express his concerns related to subsidizing building development and
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anticipated sewer revenues, penalties, and footnotes regarding breakdowns for the
extension of the sewer plan and other purposes. Mr. Hudson explained efforts in process
to begin drafting a ballot measure to address this situation to communicate to anybody
interested in aspects of Proposition 218 to reduce taxes and prevent cities from using the
proceeds of those taxes for development fees, except for development fees or assessments.
9. CONSENT CALENDAR
Mayor Linda Spiro asked if there were any questions regarding the matters on the Consent
Calendar, which were explained in the City Manager's Council Meeting Memo.
Council agreed to remove items from the Consent Calendar for discussion as follows:
Vice Mayor Vicki Vidak - Martinez requested removal of Resolution No. 97 -185;
Councilmember Flores requested removal of Resolution No. 97 -182;
Councilmember Mackenzie requested removal of Resolution No. 97 -178; and
Councilmember Reilly requested removal of Resolution No. 97 -177.
Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda
ACCEPTANCE of CASH /INVESTMENTS REPORTS:
Year End, June 30, 1997 and Month End, July 31, 1997
Resolution Nos:
97 -179 PROCLAIMING "WORLD POPULATION AWARENESS WEEK ", OCTOBER 26
THROUGH NOVEMBER 1, 1997
97 -180 CALLING FOR SEALED PROPOSALS FOR A NEW FIRE ENGINE FOR THE
DEPARTMENT OF PUBLIC SAFETY
97 -181 AWARD OF CONTRACT FOR TRAILER MOUNTED JET VACUUM FOR THE
PUBLIC WORKS WATER DIVISION
97 -183 APPROVING FUNDING AGREEMENT WITH CALIFORNIA ENERGY
COMMISSION FOR PURCHASE OF LED TRAFFIC SIGNALS
97 -184 ACCEPTING SUBDIVISION IMPROVEMENTS AND AUTHORIZING RELEASE
OF SECURITIES, HONEYBROOK SUBDIVISION
97 -186 AUTHORIZING CLASSIFICATION AND SALARY FOR NEW AND RECLASS-
IFIED ROHNERT PARK POSITIONS
97 -187 REJECTING THE CLAIM OF MARY JANE GUERRA (re. alleged injury to pet)
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, with the
exception of Resolution Nos. 97 -177, 97 -178, 97 -182 and 97 -185, the Consent Calendar
as otherwise outlined on the meeting's agenda, was unanimously approved.
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Resolution Nos:
97 -177 PROCLAIMING OCTOBER 23-31.1997 AS "NATIONAL RED RIBBON WEEK"
Mayor Linda Spiro shared the title of this resolution, to which Councilmember Reilly
signified was the purpose for requesting removal of the item from the Consent Calendar.
Upon motion by Councilmember Reilly, seconded by Councilmember Flores, and
unanimously approved, Resolution No. 97 -177 was adopted.
97 -178 PROCLAIMING FRIDAY, OCTOBER 24, 1997 AS "UNITED NATIONS DAY"
Mayor Spiro shared the title of this resolution. Councilmember Mackenzie referred to the
letter provided for this item from Robert and Barbara Abramson, Members of the Board of
Directors, Sonoma County Chapter, United Nations Association, and signified they were
also personally known to Mr. Mackenzie as members of the Rohnert Park Tennis Club.
The Abramsons' called him requesting Council's support of this item and, also provided a
United Nations flag to fly on the designated day, if that is the desire of the City Council.
- -Mayor Spiro responded the resolution is scheduled for consideration at this time, and the
request to fly the flag could be considered later on the agenda under Matters from Council.
Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez,
and unanimously approved, Resolution No. 97 -178 was adopted.
97 -182 APPROVING LEASE/RENTAL AGREEMENT WITH THE SENIORS' CRAFT
SHOPPE FOR ROOM SPACE AT 6800 HUNTER DR., SUITE A (to Dec. 31, 2000)
Councilmember Flores pointed out that this lease agreement the City has with the Seniors'
Craft Shoppe is to the end of the year 2000. He specifically noted that this is an excellent
program with efforts providing 10% of their sales to the City. On behalf of the full Council,
Councilmember Flores commended these efforts of the seniors and expressed special
appreciation to Manager Evelyn Kim. -- Mayor Spiro added that if citizens haven't bought
any hand- knitted items lately, the Seniors' Craft Shoppe is the place to do so and is
probably the, best kept secret in Rohnert Park.
4,
Upon motion by Councilmember Flores, seconded by Councilmember Reilly, and
unanimously approved, Resolution No. 97 -182 was adopted.
97 -185 RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE ROHNERT
PARK PUBLIC SAFETY DISPATCHERS (RPPSD)
Vice Mayor, Vicki Vidak - Martinez called to the attention of the City Council that this is the
second tune,this item has been brought to the Council, which the Council already approved.
Now it is being brought back to the Council again because of some clean up items which
identified: the Rohnert Park Peace Officers Association as the Public Safety Dispatchers'
representatives on meet and confer issues. She thought this was an oversight and is the
second time it has happened, considering the Chamber of Commerce agreement after
Council had. approved it. She expressed that she just hoped this would not happen again
and just hoped the City Manager will take better care of staff reviews. -- Mayor Linda Spiro
requested Council's direction regarding this resolution.
Upon motion by Vice Mayor Vicki Vidak - Martinez, seconded by Councilmember Flores,
and unanimously approved, Resolution No. 97 -185 was adopted.
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10. ROHNERT PARK WELLNESS CENTER letter request for extension of time on hospital site
project development -- City Manager Netter referred to the letter request dated September
16, 1997 previously provided to Council for this item and additional information dated
October 14, 1997 distributed at this Council meeting, including copies of the Wellness
Center's bylaws. Mr. Netter advised one item is still outstanding regarding clearance of
the property use from Martin Stone who is currently out of state. Mr. Netter has contacted
Mr. Stone's local broker who has not had any success in contacting Mr. Stone directly
because of his travels. He hoped to have more information on this by the next Council
meeting. -- Mayor Linda Spiro shared she also had communications with the broker
pertaining to assurance of *= renting the property for $1 and he indicated there would be
no problem with Mr. Stone's agreement. Representatives of the Rohnert Park Wellness
Center, Bob Niklewicz and Christina Bell, reviewed aspects of the request for the
extension of time related to the involvement of extensive paper work, and responded to
Council questions, including confirmation of continued enthusiasm for this effort.
*C O R R E C T 10 N ABOVE from 10/28/97 City Council meeting: Per Mayor Spiro (addition underlined)
Upon motion by Councilmember Reilly, seconded by Councilmember Flores, to grant the
six (6) month extension of time to the Rohnert Park Wellness Center on the hospital site
project development, was unanimously approved,
11. BOND ISSUE FOR CITYHALL/LIBRARY -- City Manager Netter referred to the staff report
of October 10, 1997 from Finance Director Harrow, provided to Council for this item. He
shared contents therein, as reviewed in the Council Meeting Memo, and responded to
Council questions, including confirmation responding to Vice Mayor Vidak - Martinez
inquiry regarding why staff time was being spent on this project without Council
authorization, that this was discussed in the recent budget work sessions during which staff
was given direction by Council to proceed with preparation of the report for Council
consideration. -- Discussion included Council comments on beneficial aspects related to the
possibilities of this trial balloon and concluded in *fij h Council concurrence to defer further
discussion of this item until after the Community Summit, scheduled October 16 -18, 1997.
*
CORRECTION ABOVE from 10/28/97 City Council meeting:
Per Councilmember Flores, as requested by Vice Mayor Vidak- Martinez, to be signified in her absence (addition underlined)
12. COMMUNITY SUMMIT
1) Update -- City Manager Netter referred to the complete packets provided to Council for
the Community Summit scheduled this week, October 16 -18, 1997, which includes an
agenda format and detailed questions and direction to be taken during this two half day and
one full day visioning process. -- Mayor Linda Spiro encouraged everyone to get involved
in the efforts of this Summit. She understood sign -ups to date indicate there will be great
attendance, but some space is still available. Referring to preceding concerns expressed
this evening during unscheduled public appearances, the Mayor noted for the record, that
the environmental community is represented well in this effort, including representation
seated on this Council. -- Councilmember Mackenzie reviewed his efforts, as requested by
staff, to talk to people he knows in the environmental community of Rohnert Park and
surrounding community, to make sure they are well aware of these proceedings.
- -City Manager Netter explained additional items distributed to Council including updated
sign -up list totaling a little over 100 individuals; Community Summit Roles listing the
various individuals, groups, and titles of facilitators, resources and participants; and an
outline regarding Guidelines for Brainstorming and Communication.
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2) Budget -- City Manager Netter referred to details of the Community Summit Budget to
date which was provided to Council, as reviewed in the Council Meeting Memo, and
responded to Council questions. -- Discussion included Council comments regarding the
importance of this event to the community over the next 15 to 20 years and encouraged the
public to attend, if at all possible.
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the
Community Summit Budget as presented by staff in the amount of $18,618.50 (copy
attached to original set of these minutes), was unanimously approved.
13. BOARD OF PERMIT APPEALS -- City Manager Netter reviewed the staff report for this item
dated October 2, 1997 from Building Official Lee Braun, regarding City Attorney Flitner's
draft ordinance previously prepared for instituting a Permit Appeals Board. Mr. Braun is
recommending the City consider combining the Building Code Appeals Board with a
Board of Appeals for disabled access issues. Also, Fire Department decisions regarding
Uniform Fire Codes and City fire sprinkler ordinances could be heard by this Board. This
combined Board could then serve in these three major functions. If the Council concurs
with the recommendation, the Building Code Appeals Board of five (5) members could be
expanded to seven (7) members to include two additional representatives of the disabled
community. If Council so directs to proceed with this recommendation, the City Attorney
would be requested to prepare the revised ordinance, which would enable staff to solicit
interested citizens who meet certain criteria, as outlined in the memorandum for the Board
of Appeals membership. City Manager Netter and City Attorney Flitner responded to
Council questions related to this item.
Discussion included Council comments commending various beneficial aspects of this idea;
expressing varied concerns pertaining to the appointment process for ensuring the
qualifications and intents of Permit Appeals Board Members-, and c Llesti Caning the appeal
process from the decisions of this Board, which included pros and cons of no longer
involving the Council, i.e. advantage of taking these matters out of the political arena, but
possible disadvantage related to no longer being able to grant variances or waivers.
Council concurred to proceed with efforts toward the Board of Permit Appeals, as
recommended by staff, and with suggestion to contact other cities that have similar boards
for expertise they might be able to provide. Council signified agreement with Mayor Spiro
that the concept sounds good, but it needs further review. Councilmember Mackenzie
commented further that the City's new Building Official could consult with some of the
other member agencies and advise Council on his findings.
14. WILFREDIDOWDELL SPECIFIC PLAN -REVIEW OF POTENTIAL PROCESS OPTIONS
City Manager Netter introduced the Planning and Community Development Director,
Wendy Schulenburg, who was available to review this item. Mr. Netter reviewed the
background related to this item advising that about 6 to 8 months ago, Council directed
him to have staff research this area to find the most expeditious way to proceed. This item
was also discussed during the last General Plan process. Former Planning Director Paul
Skanchy was the one identified to bring all the property owners of this area together.
Efforts included hiring an architect and engineer. Unfortunately, the property owners did
not come to consensus, basically, in the area of cost to the property owners to proceed
with a specific plan. The suggestion then surfaced that possibly the City could take the lead
and proceed with this Specific Plan area so it could influence the City's economic
development lands. This was brought to the City Manager with cooperative support of the
idea mentioned to be with the caveat of some kind of reimbursement agreement to the City
to make sure there would be no loss of funds. Planning Director Wendy Schulenburg has
been assigned to research possible process options for this project, with results to date as
signified in the staff report provided to Council.
Planning Director Wendy Schulenburg, via overhead projections, reviewed the staff report
of October 8, 1997 from Assistant City Manager Leivo and Planning Director Schulenburg,
regarding Process Options and Projected Preparation Costs for the Wilfred/Dowdell
Specific Plan. She responded to Council questions during review of the four alternatives
outlined in the staff report, concluding with staff recommendation of preferred process
alternative, as follows:
*Option A -- Secure informal feedback from LAFCO Staff/Board
Members regarding Community Separator Issue
*Option B -- Submit Application for County General Plan Amendment
*Option C -- Proceed with the Specific Plan Preparation (including the
Development Agreement, EIR and LAFCO Annexation Application
•Option D -- Applicant's prepare Specific Plan/City serve in a technical support/
advisory role
Staff Preferred Option:
Considering the inherent risks in financing a plan that possibly may never
come to fiuition due to lack of support from the County and LAFCO, staff
believes that the most cost effective and efficient alternative would be to
meet with LAFCO informally (not in a regularly scheduled meeting) with
the intent of obtaining feedback regarding the feasibility of securing an
exception to the LAFCO Community Separator Annexation Policy.
Should the City Council support this alternative and direct staff to proceed,
meeting with LAFCO would be scheduled in late October or early
November. Pending a positive response from LAFCO, staff would return
to the City Council with a resolution directing the preparation of the
specific plan and establishing a development agreement with the involved
property owners.
Discussion proceeded as follows:
Councilmember Reilly asked if the property owners were not interested in coming in before,
are they going to be interested in any of these options? -- Planning Director Schulenburg
responded that about 75% of the land owners have signified being interested in this, and
thinks it is more of a financial issue rather than lack of interest, with comment that it seems
they are just not up to speed, as compared to not in agreement. -- Councilmember Reilly
asked if staff would recommend meeting with the property owners, as the signified costs
would eventually become theirs. So, if the interest is close to 50 %, that would be important
for Council to know. -- Ms. Schulenburg responded that they are aware of the costs. --
Councilmember Reilly signified he liked staff's first suggestion, as reviewed in Option A.
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Councilmember Flores expressed appreciation for the efforts of staff for providing Council
with the alternatives to review. Mr. Flores signified that the option he favored would be
Option C, with comments on the importance of working with the County Board of
Supervisors, which would be appropriate, as LAFCO's approval would not do any good, if
the Board of Supervisors does not approve. He suggested Council consider this carefully.
Vice Mayor Vicki Vidak - Martinez commented she was perplexed to have an item from the
last Citv Council agenda of Seotember 23rd, when she believed Council instructed staff to
prepare certain documents for Council consideration on a future agenda. She asked if that
had been dropped and the above report put in its place, as she was just a little surprised,
because she thought the intent of the Council at that time was to go forward. -- Planning
Director Wendy Schulenburg responded that staff had previously considered presenting a
resolution to the Council on this item, however, with further review of all the factors to
consider, felt the preparation costs estimated for this Specific Plan were a substantial
amount, as listed on the attachment to the staff report provided to Council, which the City
may not be able to recover, so needed further Council consideration of alternatives.
Councilmember Mackenzie referred to his recommendation about eight months ago of
meeting with LAFCO on this item. He agreed with the Staff Preferred Option and with
the preceding suggestion by Councilmember Reilly that there be a meeting with the land
owners. Councilmember Mackenzie stated it was clear to him then, as it is now, that there
is no sense in going ahead with Option C until this is done.
Councilmember Flores signified that he shared a concern Mayor Spiro had expressed,
during the preceding review of this item, regarding the proposed preparation costs for the
Wilfred/Dowdell Specific Plan estimated at $63,580.
A Motion was made by Counc lme -nber Flores, seconded by Vice Mayor Vicki Vidak - Martinez, for
the City Council to direct staff to proceed with Option C with the condition that there be a
meeting with the property owners and City staff, following verification by the City
Attorney, of perhaps instituting a lien process to make sure costs advanced by the City
could be recouped.
Discussion of the motion proceeded as follows:
Mayor Linda Spiro signified she did not have a problem with Option C, as this may be a
way to incorporate all the efforts. She requested a friendly amendment to the motion to
combine doing both Option A & C at the same time. Mayor Spiro further signified that, if
there is to be consideration of putting liens on property, the land owners would need to be
aware of that, too, and asked if perhaps all of this could be graciously combined in the
motion. -- Councilmember Flores accepted this friendly amendment to his motion.
Councilmember Reilly commented he was not sure of the reasons for jumping that far
ahead, because Option A seems to represent the concept of staffs recommendation. He
expressed disagreement in proceeding with Option C along with Option A, due to the
possibility of LAFCO not approving, which would result in an unnecessary expenditure to
the City. But if the City proceeds with Option A, and if LAFCO approves, and the land
owners agree, then the City could proceed with consideration of the additional costs.
Mayor Linda Spiro asked if there is any way to proceed with Options A & B, and if a "no"
is received on either one of the first two options, then proceed with Option C.
Councilmember Reilly signified that he was not sure that if everything were positive on
Options B, C & D, would Option C be the best of the three options.
Councilmember Flores commented that he thought Planning Director Schulenburg indicated
that the City Council needs to determine how to proceed, if the property owners are not
agreeable toward working things out, to ensure that the financial interests of the City are
protected. If the property owners are agreeable to the financial aspects, and if LAFCO
approves, it could stop there, but whether or not these are agreeable, it would be beneficial
to go to the County's Board of Directors, due to the likelihood that they could work with
the City on possibilities. Councilmember Flores clarified, therefore, that he did not think it
was advisable to proceed only with Option A.
Councilmember Mackenzie signified that he believed the City Council should adopt the
Staff Preferred Option, and would not vote in favor of the motion, as stated.
Mayor Linda Spiro advised there is a motion and a second on the floor, and requested
Councilmember Flores to restate his motion.
The motion was restated by Councilmember Flores, as seconded by Vice Mayor Vidak - Martinez, to
proceed with Option C and to work with the property owners to be sure they are in
agreement of the financial interests of the City and, at the same time, include the above
friendly amendment by Mayor Linda Spiro to combine doing both Option A & C at the
same time, and notify the land owners regarding consideration of putting liens on property.
Councilmember Flores responded to further Council inquiry for clarification, that the motion
is to proceed with Option C regardless of discussions the City has with LAFCO, due to the
beneficial aspects of working with Members of the County Board of Supervisors.
The motion was approved, 3 -2 with Councilmember Mackenzie and Councilmember Reilly dissenting.
Councilmember Reilly signified his disapproval of the direction to proceed with this item
regardless of what LAFCO says. Councilmember Mackenzie commented that the motion
was voted on and carried, so they can live with that. Councilmember Reilly added that if a
"no" is received from the land owners, and if LAFCO says "no ", then there is no way to go.
City Manager Netter responded that any major ideas that surface, can be discussed, and
LAFCO is not going to say "no ", but may request additional acreage to offset reduction of
Community Separator area. The costing involves a whole number of options that will need
to be considered. -- Mayor Linda Spiro added that probably all the Councilmembers have
called on the Board of Supervisors and asked that question.
RECESS Mayor Linda Spiro declared a recess at approximately 8:55 p.m.
RECONVENE Mayor Spiro reconvened the Council meeting at approximately 9:05 p.m. with all
Councilmembers present.
15. GENERAL PLAN MATTERS:
1) Current Status Report -- City Manager Netter referred to the staff report provided to
Council for this item, dated September 30, 1997 from Assistant City Manager Leivo
regarding the General Plan and Community Summit Progress Report, and advised this
report relates to the visioning process in which the City is currently involved. Mr. Netter
shared that he recently talked with Cotati's City Manager Paul Marangella and Planning
Director Dennis Dorsch, who signified expecting the land use information, referred to in
tonight's staff report, from the specialists within a couple of weeks. Committee meetings
have been held on a couple of the elements, which are close to being done, i.e. Economic,
Land Use and Open Space Elements; and Housing, Conservation and Safety Elements.
The process is moving along. The pivot point is the Community Summit City Manager
Netter shared that he has requested an estimated timeline from Assistant City Manager
Leivo, which could be available for review at the next Council meeting.
City Manager Netter and Assistant City Manager Leivo responded to Council questions
related to this status report, including confirmation that the above - reference to elements
which are close to being done, refers to drafts, not finals, prepared by Hudson &
Associates to help identify community planning issues. The final reports will not be
prepared until after the summit, pending input from the summit. Assistant City Manager
Leivo explained the continual culmination of efforts for the General Plan process which has
most recently involved input from the 1995 -96 General Plan Citizens Committee, the
Planning Commission, workshops and interviews held by Hudson & Associates, and
anticipated from the Community Summit to be held later this week.
2) Budget -- City Manager Netter referred to the budget provided to Council regarding
Consultant Fees for 1997 General Plan (copy attached to original set of these minutes).
All have been previously approved by Council with the exception of the two sub - contracts
to be explained in item #3 listed next on this agenda. The total cost to date for consultants
is approximately $209,350. This includes Dyett & Bhatia, Crane Transportation Group,
Freilick/Kaufinan/Fox & Sohagi, Hudson & Associates, and Illingworth & Rodkin, Inc.
Originally, the budget was estimated to be about $100,000, therefore, the City Manager
has requested Finance Director Harrow to amend the amount in the 1997 -98 budget to
approximately $250,000. This should cover all consultants, as well as miscellaneous
printing and other costs. Council concurred.
3) Consultant Contracts:
a) Crane Transportation- -City Manager Netter referred to information provided to
Council on this item, as reviewed in the Council Meeting Memo. In working with the
Environmental Consultants, Dyett & Bhatia, along with Crane Transportation Group, it
was discovered that Dyett & Bhatia needed additional details that were not part of the
original scope of work for Crane Transportation Group. Mr. Dyett indicated some of the
services are generally part of a normal scope of work. The City Manager requested
Assistant City Manager Leivo to work this out between the two consultants. Mr. Leivo
came back indicating that the items were not part of the original scope of work, but in
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order to save approximately the same amount ($4,200), the City could reduce the total
option of transportation runs from 10 to 9, which would offset that approximate amount.
This recommendation has been approved by the City Manager and submitted to the
City Council for its information. In addition, the City Council has been provided with the
September 29, 1997 letter signed by the City Manager, outlining additional scope of
work for Crane Transportation Group required by Dyett & Bhatia. Council concurred.
b) Dvett & Bhatia/Subcontractor's approval - -City Manager Netter explained the contract
with Dyett & Bhatia, approved by the City Council at its meeting of August 12, 1997,
included a total compensation of $80,230. This information was provided to the City
Council at the Council meeting, identified in the staff report as "Exhibit A ". Subsequent
to that approval, Dyett & Bhatia approached the Assistant City Manager with a revised
compensation section, identified as "Exhibit B ", which included two (2) subcontractors,
i.e. Wetlands Research Associates for $4,340 and MOC Physics Applied for $1,350. City
Manager Netter signified that he signed the contract with the inclusion of these two
additional amounts, which were not previously approved by the City Council, or listed in
Mr. Dyett's original proposal, therefore requested Council to authorize the ratification of
these amounts. -- City Attorney Flitner responded to Council question that the Council
can authorize certain funding approvals for business items such as this which are listed on
the meeting's agenda.
Discussion continued during which Assistant City Manager Leivo responded to Council
questions, including confirmation that the insurance certificates received for this item were
approved by REMIF and have been filed.
A motion was made by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez,
and approved 4 -1, to authorize ratification of the additional above - reviewed expenditure
of $4,340 for Wetlands Research Associates and $1,350 to MOC Physics Applied, with
Councilmember Reilly dissenting due to the consultant not including these subcontractors
in the original contract submitted, after responding to the City's request in good faith and,
therefore, should be held responsible.
Mayor Spiro suggested staff share the concerns expressed herein with the consultant.
4) Joint Meetings - City Council/Planning Commission re. Project Alternatives
City Manager Netter explained this item, as reviewed in the Council Meeting Memo,
regarding staff recommendation for Council consideration of meeting on alternate
Tuesdays from City Council meetings to review results and action upon recommendations
from the Community Summit. -- Council concurred to schedule this joint meeting on
Tuesday, November 4, 1997 at the Senior Center, if available, and signified it would not be
necessary to provide a meal for this meeting.
ADDITIONAL UNSCHEDULED ITEM -- Mayor Linda Spiro announced there was a special person
in the audience of this Council meeting. She recognized the City's newest Press Democrat
reporter, Jim Sweeney, and extended congratulations to Jim and his wife, on the recent
occasion of their wedding.
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16. COUNTY OF SONOAM PERMIT AND RESOURCE MANAGEMENT DEPARTMENT
re Application for Swine Operation/Letter o f Approval with conditions
City Manager Netter explained this item, as reviewed in the Council Meeting Memo,
indicating approval of Robert and Carol Sissa's application for a swine operation on
agriculturally zoned land off Snyder Lane, with seven (7) Planning Department conditions,
and three (3) Health Department conditions. Supervisor Tim Smith has indicated, if the
Council is interested, that he would recommend that the City Council consider appealing
this decision, from the nature of a policy issue, to the County Permit and Resource
Manauement Department and/or the Countv Board of Sunervisors The Citv Manager
requested Council's direction regarding this matter.
Councilmember Flores signified the issue is extremely difficult from an aesthetic view and it
would be desirable not to have the enterprise adjacent to the City. However, it is a lawful
and legal use of the land and the City Council needs to treat the situation carefully. So it is
clearly appropriate and yet may have possible negative influences on the community.
Councilmember Mackenzie commented that he would not vote to appeal the operation as
proposed and believed the Council can rely on the County to make sure these conditions
are met. He wished the Sissa's good luck on their hog farm operation and mentioned that
it was his understanding that the location is zoned for agricultural use.
Councilmember Reilly signified having two concerns. One concern is the 500' separator
was measured from the south as well as the west, so it is clear the school and the east side
apartments are in close proximity. The other concern was regarding previous statements
made by Mr. Sissa related to noise levels, odors and flies, which was the cause of
Councilmember Reilly being inclined to appeal.
Mayor Spiro commented that she did not think Mr. Sissa's previous comments were an
indication that he was intending to violate any regulations and thought he was just trying to
paint as bleak a picture as he could in order to try to get into the City. She, personally,
was not about to say a person cannot do something like this in an agricultural area that is
zoned for it, whether or not she doesn't like the noise, smell, etc. She's never noticed odor
from a similar place farther down the road.
Councilmember Mackenzie signified he smells the odor every time he bicycles past the
other confined pig operation.
A motion was made by Councilmember Mackenzie, seconded by Mayor Linda Spiro, for
the City Manager to write to the appropriate organizations in the County of Sonoma, to
signify that the Council, on behalf of the City of Rohnert Park, expect them to strictly
monitor the conditions, as outlined in the. County's letter of approval.
Under discussion of the motion, Councilmember Flores requested that the letter also
incorporate some of the earlier sentiments in terms of being appropriate agricultural use
and enterprise. -- Mayor Spiro signified a friendly amendment to copy the letter to the
Sissa's. -- Councilmember Reilly signified his intent to support the motion, though it does
not go quite as far as he thought it should, but he would like Council to direct staff to
inquire about the permit process to find out how long the Council has to request an appeal,
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since the noise does come into the city limits. -- Mayor Spiro commented that the City
does not oversee that area and made comparisons with the Council's previous allowance
for the dog place in Rohnert Park, with the provision of waiting to see if it presented any
problems. -- Councilmember Reilly clarified that he was asking staff to report back to
Council on what the appeal process is. " -- Mayor Spiro asked if the reason is to appeal or
wait until after the fact, to which Councilmember Reilly responded, that was his question.
- -City Attorney Flitner explained that an appeal time is normally 10 working days and car:,
state the grounds for an appeal, or the appeal can be general. He thought the time had run
out to appeal this item, but he could check and find out. -- Councilmember Reilly requested
the City Attorney to check and make sure it is 10 days, but if it is 30 days or more, there
may be time to consider this matter further.
The preceding motion, with inclusion of above comments, was unanimously approved.
17 TRANSPORTATION MATTERS:
1) Neighborhood Traffic Control (undulations) - update
City Engineer Gaffney reviewed his staff report provided for this item, via overhead
projections, regarding results of further research on the speed undulations previously
presented to Council. Installation of the speed humps on Jasmine Circle on the north side
from Snyder Lane to the Expressway would cost approximately $7,000. Mr. Gaffney
responded to additional Council questions related to this item. -- Councilmember Flores
commended this effort and gave a manual to the City Engineer that Mr. Flores received
recently from a League of California workshop he attended, which focused on
transportation issues of other cities in the state.
A motion was made by Councilmember Reilly, seconded by Councilmember Flores, and
unanimously approved, to proceed with the bid package for the above - reviewed item.
Edward Bielecki, 957 Eleanor Avenue, referred to comment he made on these speed
humps and the September 23rd Council meeting, and encouraged Council to consider the
installation of speed humps on Eleanor Avenue, as well as other streets in the City.
2) Sonoma County Transportation Authority (SCTA) - Calthorae Study
City Manager Netter advised the Final Report/Executive Summary of the Calthorpe Study
was provided to Council regarding transportation issues, which includes funding needs, in
the North Bay from Tiburon to the south, and up to Healdsburg to the north. Since the
Sonoma County Transportation Authority (SCTA) is specifically requesting Council's
input regarding this Sonoma/Marin Multi -Modal Transportation & Land Use Study by
Monday, October 20, 1997, the workshop Council previously suggested should be set as
soon as possible to identify issues and concerns related to this study so it can be forwarded
to SCTA.
Discussion included Council signifying agreement that it was too late to schedule a
separate workshop for this item and proceeded at this time with the following comments:
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*Mayor Linda Spiro commented she would like to receive some input from the Council on
this item as the Governor has recently indicated the possibility of raising the gas tax.
'!T the 10% gas tax can be done, coupled with this freeway measure, she would certainly
like to include widening all the way; as it was her understanding that money was the
biggest obstacle.
•Councilmember Flores, in reference to preceding comments by the Mayor, signified that
to enable up to 10 cents on the gallon, is what he thought was indicated. He referred to
the importance of retaining viable factors, one of which is to have the financial resources.
He would consider recommending the various costs signified for the funding to take care
of traffic problems from Petaluma to Marin County, which would be an important
consideration, but questioned viability for the other situation, unless there are some
additional revenues.
*C O R R E C T 10 N BELOW from 10/28/97 City Council meeting: Per Councilmember Reilly (deletion lined out/addition underlined)
•Councilmember Reilly mentioned, just as wishful thinking on his part, that compared to
other areas across the country with *less th 40( less per gallon on gas, questioned why
there seems to be no way possible to get these transportation improvements rolling, and
presumed the hefty jump in gas prices out here is that people are willing to pay out here.
He referred to differing opinions on the U. S. 101 widening with comparisons depending on
the time of day and cost factors, and commented on the philosophy he has involving the
potential of regional sharing. Mr. Reilly commented further on aspects of promoting the
high occupancy vehicles and potential of rails, and the need of efforts toward attempts of
having workable accesses for rail corridors. If additional lanes have to be constructed,
funds should be used for access lanes, because there are enough passenger lanes.
*Mayor Linda Spiro responded that it is not part of this plan, according to her previous
review of the Study, which is going to be on the SCTA agenda next Monday. She shared
concerns related to knowing graphics of the area and having a lot of construction
industry in this county, giving the example of her son in telecommunications, who cannot
take a passenger, and thought it is incumbent to look at this. Provisions for trains and
bikes need to be made, but there is the need to consider others who cannot use these
modes of transportation.
*Mayor Spiro shared a portion of the above - referenced report provided to Council for this
item pertaining to the cost estimates for the different scenarios which were prepared at a
planning level of detail, and have been subject to refinement throughout the preparation of
the Study, which included indicating "that Scenario `B' is the most costly, about $1.1
billion, with a net unfunded cost of about $800 million. Scenario `D' would have a lower
total cost of about $550 million and a net unfunded cost of about $300 million. Scenarios
`A' and `C' have the same transportation improvements and would be about $100 million
less expensive than Scenario `D'. Of the various transportation improvements analyzed,
those to Highway 101 would be the most costly. - -Scenario `D' would have the highest
net unfunded annual operating cost of $20 million, while Scenario `B' would have the
lowest, at $13 million. Scenarios `A' and `C', which each have the base rail system, would
have a net unfunded annual operation cost of approximately $13.5 million."
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*Councilmember Mackenzie signified that the question before the Council is whether it
accepts, tonight, the Multi -Modal Study, as presented. He commented that the Calthorpe
Study deliberately excluded any widening north of Novato, which was argued for by
Members of this City Council at the last *SCT City Council meeting of 9/23/97. He asked
if this City Council now desires to move to accept the signified widening and rail within
Sonoma County, which specifically states that any future widening would be through other
funding measures, i.e., maybe it would be through above - referenced gas tax.
*C O R R E C T 10 N ABOVE from 10/28/97 City Council meeting: Per Councilmember Mackenzie (deletion lined out/additions underlined)
A motion was made by Councilmember Mackenzie, seconded by Councilmember Reilly, to signify the
City Council accepts this Multi- Modal/Transportation and Land Use Study, as presented at
this time, and request Mayor Linda Spiro, as representative of the City Council, to convey
that acceptance.
Under discussion of the motion, Council comments proceeded as follows:
*Mayor Linda Spiro responded that she was not aware that the Council has previously
directed its representatives in this manner. If so, it would be a policy change, if the
Council says it wants to approve this Study and nothing more. Mayor Spiro pointed out
that, at the same time, she has already indicated her position, and is the reason the item is
on this agenda, because of considering the southern link as a partial solution, but she does
not believe it is the entire solution. Now that attention has been brought to the additional
piece of information regarding the 10% gas tax possibility, to signify the Council's
support of only the Study as presented, is very short sighted and very inappropriate.
Mayor Spiro signified that, if the motion proceeds as stated, she was going to disapprove.
•Councilmember Reilly commented that SCTA has asked if Council accepts or denies the
Sonoma County part of this Study, and is asking if Council wants to widen U. S. 101
down to the Marin County line.
*Mayor Spiro encouraged the Council to give her direction to signify support of this Study
but encourage them to look beyond and go beyond this Study, acknowledging that there
will be a lot more discussion on this item.
•Councilmember Flores expressed agreement with Mayor Spiro's comments that the Study
represents only partial solutions, and signified permission to support the Sonoma County
part of the Study and, later, if resources become available, pursue expanded options.
*Vice Mayor Vicki Vidak- Martinez signified she concurred with above comments by
Councilmember Flores.
THE ORIGINAL MOTION - Councilmember Mackenzie commented that after his experience at the
last Council meeting when he mistakenly thought he was voting one way and ended up
being another, and signified the preference to retain the language of his original motion,
seconded by Councilmember Reilly, being that the City Council accepts the above
Sonoma/Marin Multi -Modal Transportation and Land Use Study, as presented, as a plan
for transportation improvements for Sonoma County, and that Mayor Spiro, as the City
Council representative to SCTA, so notify this acceptance at the SCTA meeting next
Monday. The motion, as stated, was approved 3 -2, with Vice Mayor Vidak - Martinez and
Mayor Spiro dissenting.
A MO'T'ION was made by Councilmember Flores, seconded by Mayor Linda Spiro, to give the Mayor
flexibility to voice concerns (at the next SCTA meeting) on the area south of Petaluma and
encourage possible funding that might be necessary to improve traffic flow /conditions.
Comments for clarity of the motion proceeded as follows:
•Councilmember Reilly clarified that the motion preceding this one passed signifying
support of the Study, and now the Council is expressing consensus that it is concerned
about measures of improvement needed from Novato toward the north, which he signified
that he and Councilmember Mackenzie could support, as long as it is clear that this does
not include widening U. S. 101 for the referenced area.
*Mayor Spiro responded that to support the Calthorpe Study signifies agreement with the
necessity of widening all the way to Novato, but then, having nothing to do with the
Calthorpe Study, have us look into additional transportation issues.
•Councilmember Reilly signified that the additional comments would be for the purpose of
asking what are we going to do about it now, and not going in there specifically to make
recommendations, but let's find out what the plans are.
•Mayor Spiro responded further that she would be glad to do that, but if she inadvertently
says she would be happy if consideration is given to adding some lanes, she would not be
able to help it.
•Councilmember Mackenzie responded that if the Mayor, as an individual, expressed such
an opinion, he thought that would be appropriate. -- Councilmember Reilly agreed.
THE ABOVE MOTION by Councilmember Flores, seconded by Mayor Linda Spiro, was
unanimously approved, with inclusion of additional comments signified herein for clarity.
EXTEND COUNCIL MEETING -- Upon motion by Councilmember Mackenzie, seconded by
Councilmember Reilly, and unanimously approved, to extend the Council meeting past
10:00 p.m. to finish necessary agenda items.
18 COUNCIL COMMITTEE AND /OR OTHER REPORTS
1) Joint Meeting w/Parks & Recreation Commission - 9/25/97 meeting results
Councilmember Reilly reported this was a good meeting. City staff present included City
Manager Netter and Public Works Manager Bill Stephens, also present at this Council
meeting. -- Councilmember Flores commented on the importance of following up on
those areas to be considered.
2) Joint Meeting w /Cotati- Rohnert Park School District Board - 9/30/97 meeting results
Council expressed concerns regarding the incompatibility signified at this meeting and
agreed with the need to make special efforts toward promoting congenial dialogue in order
to work together effectively. -- Mayor Linda Spiro referred to the letter to the School
District, which she requested the City Manager to prepare, in lieu of formal minutes, for the
purpose of having a future reference regarding items discussed at the joint meeting. Mayor
Spiro advised that she asked the City Manager to include in the letter the concerns she had
regarding the Public Safety issue and the concept of uniforms. -- Discussion included
Council commending the working relationships between the City and School staffs, and
encouraged representatives of these staffs to continue working together effectively, as in
the past. Council concurred with suggestion by Vice Mayor Vicki Vidak- Martinez for
Council Committee Members Flores and Vidak - Martinez to rekindle the 2x2x2 Committee,
and to schedule a meeting as soon as possible to jointly consider items of concern for
Committee recommendations to the signified bodies.
3) Mayors' & Councilmembers' Assn. Exec. Session, 10/9/97 mtg. results (Spiro)
*Working Group - Final Draft of Revenue Sharing/Fiscalization of Land Use
Mayor Linda Spiro reported on the meeting and advised plans to go through this draft one
more time at the General Meeting. Cotati Mayor Sandra Elles said they were backing off
revenue sharing for now, but will try again in the future. Supervisor Tim Smith gave a very
enlightened presentation on water issues in the County over the years.
4) League of California Cities - North Bay Division -- Mayor Linda Spiro advised she was
installed as President at the recent North Bay Division meeting, and would chair her first
meeting to be held in Napa on December 4th. She express appreciation for the support of
the Councilmembers who came to her installation meeting.
5) Ad Hoc Committee for Employment Evaluation Procedures
Councilmember Mackenzie reported that this Ad Hoc Committee, comprised of Council-
member Flores and himself, had a meeting dealing with the terms of employment of the City
Manager and evaluation procedures. Councilmember Flores provided a very brief report on
this item at the previous Council meeting. Councilmember Mackenzie advised that the Ad
Hoc Committee met this afternoon to discuss this and they will be working further on it.
-- Councilmember Flores commented on the draft agreement of employees, that they expected
to be hearing back from the City Attorney on this, and will meet again. It was his
understanding that the suggested time to share the decision in open forum, has happened, and
he looked forward to reporting back to the City Council as a whole regarding this matter.
6) Mayors' & Councilmembers' City Select Committee -- Mayor Linda Spiro advised that
this Committee, which she also chairs this year, will be considering appointments to openings
on Hazardous Waste, Airport Land Use, and Environmental Allocation. -- Councilmember
Reilly commented that this Hazardous Waste opening was a different one than the one he has
been on, and he did not want to commit to another until he finds out if he would be able to
attend the meetings.
19. COMMUNICATIONS. Communications per the attached outline were brought to the attention
of the City Council. No action was taken unless specifically noted in these minutes.
1) Professional Engineers in Calif. Government Initiative -- City Manager Netter referred
to item #30 on Communications from Cotati Mayor Elles and advised some cities have
been writing letters in support of this item. He inquired if Council wanted to signify
support of this initiative.
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2) Internet Tax Bill -- City Manager Netter referred to item #32 on Communication from
the U. S. Conference of Mayors expressing opposition to the Internet Tax Bill and asked if
Council wanted to also support this opposition.
Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak- Martinez,
and unanimously approved, to write the above - signified letters expressing Council
support on both issues.
3) October/Breast Cancer Awareness Month -- Ma.vor Linda Snirn referred to item #35 on
Communications from U. S. Conference of Mayors and requested a proclamation be
prepared over her signature for this item.
20. MATTERS FROAVFOR COUNCIL:
1) Women's Call to Action /Governor's Conference in October 1997 (Spiro)
*Mayor Spiro & Vice Mayor Vidak - Martinez attendance approval
Mayor Linda Spiro referred to the preliminary authorization signified at the previous
Council meeting to enable attendance at this conference, and confirmed her interest to
attend. -- Vice Mayor Vicki Vidak- Martinez advised she would be unable to attend.
Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez,
and approved 4 -1, to authorize the expenditure for the Mayor to attend this conference,
with Councilmember Reilly dissenting with comment that self - improvement is a great idea
but did not think citizens of Rohnert Park should pay this cost.
2) Santa Rosa Subregional Wastewater Options
®Set date for Workshop/Public Hearing
City Manager Netter advised the Council had previously signified interest to schedule a
workshop and public hearing for this item. -- Discussion concluded in Council concurrence
to schedule a combination workshop /public hearing for this item immediately preceding the
next City Council meeting from 5:00 - 6:00 p.m., Tuesday, October 28, 1997. Council
requested an invitation be extended to Ed Braunner, Assistant City Manager, Santa Rosa
to provide an update during this workshop /public hearing. Council also signified the intent
to be prepared to take action at the close of this meeting, if the City of Santa Rosa has
taken action on this item by then.
3) Initial Environmental Study re. Proposed Housing Project on Snyder Lane
Mitigated Negative Declaration (Reilly)
Councilmember Reilly signified deferral of this item. He requested that the Planning
Commission information, regarding this study, be provided to the City Council for review.
4) Summit related article in Sept. 1997 American City & County (Mackenzie) re.
"SPRAWL things considered: Controlling Growth" by M. Dobbins & P. Dobbins
Councilmember Mackenzie commended this article about visioning exercising and thought
it would be a point of view for the Council to read prior to the Community Summit to be
held in Rohnert Park later this week.
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5) California Task Force for Employment of Older Workers (Spiro)
*Nomination of Award/Hazel Brubaker
Mayor Linda Spiro referred to information provided to Council regarding this item and
recommended nominating Hazel Brubaker for this Governor's 1998 Recognition Award.
Council concurred.
6) Certified Child Care information from League of California Cities' Conference
Vice Mayor Vicki Vidak - Martinez shared informational material with Council on this item
which she obtained from one of the workshops during the recent League of California
Cities' Conference. She thought it was important information because of Welfare Reform
and would allow parents to be assured that those who watch their children were not felons.
This would be for people doing exempt child care and parents would know they would at
least be certified for criminal clearance.
7) Reimbursement of Tax Revenues to Cities - efforts by League of California Cities
Councilmember Flores referred to one of the workshops he attended during the recent
League of California Cities' Conference regarding this matter and signified the importance
of supporting the League's efforts for reimbursement of tax revenues that appropriately
belong to cities. Council agreed.
8) Employment letter -- Councilmember Reilly deferred his comments on this item noting
that it was scheduled for review later on the agenda under item 92, City Attorney's report.
9) Non - Profit Funding requests /response letters -- Councilmember Reilly asked if staff has
sent the letter to the non -profit organizations which were declined funding requests during
the City's recent budget efforts. City Manager Netter responded he would check with the
Finance Department.
10) United Nations Flag -- Councilmember Mackenzie referred to the resolution adopted by
the Council earlier this evening proclaiming Friday, Oct. 24, 1997 as "United Nations Day"
and reviewed the letter request from Robert and Barbara Abramson regarding same,
including request for Council approval to fly the United Nations Day Flag on this date at an
appropriate location in the City. Council concurred.
11) Fiscal Activities/Planning Division. League of California Cities' Conference
Councilmember Mackenzie signified the importance of preceding comments regarding fiscal
activities, and reported on Community Planning sessions he attended regarding growth in
the state. Bill Fulton, the keynote speaker, encouraged working together with our fellow
organizations, such as School Boards, and representatives of cities and county government.
Let legislators in Sacramento know ideas and concerns to resolve on local fiscal problems.
12) "Making Cities Livable" book -- Mayor Linda Spiro presented this excellent book which
compared cities around the world, and has been published in both English and German
languages. She recommended starting a City Hall Library of city books very specific to
certain types of issues. Council agreed.
RO X00 ne t M3r�t tes {20) tuber 1 190
13) Railroad Crossings -- Mayor Spiro commented on the deteriorating condition of the
asphalt at the railroad crossing on Southwest Boulevard. -- City Manager Netter responded
that Council previously authorized the expenditure for the repair of the railroad crossing
asphalt, and City Engineer Gaffney would provide a progress report later.
14) Park flooding -- In response to question from Mayor Spiro, City Manager Netter confirmed
staff has handled the previous concerns expressed about a park flooding.
15) Recreation Department Management Position -- Mayor Linda Spiro advised that Council
briefly discussed possibilities regarding options for the Management Position in the
Recreation Department. -- Councilmember Reilly commented, so there would be no
misunderstanding regarding this matter, that staff was directed see what information might
be available regarding privatization possibilities, whether or not there are any actual areas to
consider for the City, but to have the information to review. There is no effort on Council's
part at this time to do privatization, but does want to review the information.
16) Sonoma State University -- Mayor Spiro shared that a citizen called her recently and
wanted to know why the City is not more concerned with SSU students. The caller thought
it would be nice for the City to give more attention to students when they return to school,
like the example noticed in other areas of merchants putting up flags to welcome back
students. The Mayor suggested the possibility of having some kind of student recognition
with the holiday tree lighting event, or flags, etc. -- Councilmember Reilly suggesting have a
meeting with the Associated Student Body to ask them for ideas and to let the students know
the Council is interested in the students and wants to be involved. Council concurred.
17) Visioning Efforts -- Mayor Linda Spiro referred to recent comments by Key Note Speaker
Bill Bradley, participating in the current visioning efforts for the community. The Mayor
encouraged everyone who planned to attend the Community Summit later this week, to
consider an applicable quote Mr. Bradley shared regarding "what is the greater good for all
in our community ".
21. CITYMANAGER'S REPORT.•
1) Traffic /Stop Signs - Raley's & M Park - Status report
City Engineer Gaffney reviewed his staff reports provided to Council for both of these
items, and responded to Council questions. -- Council encouraged the City Engineer to
communicate with Raley's management regarding possibilities for traffic improvements at
the shopping center. Council also encouraged the use of speed trailers, where deemed
appropriate, in other areas of the community.
2) Trustee Sale of 5'g 70' parcel at rear of 4429 Fairway Dr. - Status report
City Manager Netter reviewed this staff report dated October 1, 1997, from Planning
Director Skanchy, which was provided for Council's information.
3) Teen Center - progress report - update -- City Manager Netter advised this progress
report dated October 2, 1997, from Housing Services Specialist Diane Tomkins, was
provided for Council's information. -- Councilmember Flores referred to letter recently
received from Sonoma County Associates for Youth Development (SCAYD) signifying
interest to be involved in this effort, and encouraged staff to be sure SCAYD is included.
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4) Structure Changes at Department of Public Works -- City Manager Netter referred to
this staff report of October 6, 1997 from Public Works Manager Bill Stephens, which was
provided for Council's information.
5) Fall Clean -Up, Rohnert Park Stadium Parking Lot, October 17 -26, 1997
City Manager Netter advised the staff report and flyer for this annual event were provided
to Council for its information.
6) Holiday Tree Lights update -- City Manager Netter reviewed the staff report dated
October 8, 1997 from Public Works Manager Bill Stephens, regarding status of Holiday
Tree Lighting project and options to consider due to underestimated expenditures. City
Manager Netter recommended the expenditure of $35,000 for the initial cost for electrical
lighting upgrades, noting that there would be only the additional costs annually for lifts and
rental of equipment to put up the lights. The City Manager responded to Council questions.
A motion was made by Councilmember Flores, seconded by Councilmember Mackenzie,
and unanimously approved, to authorize the above - reviewed expenditure.
Councilmember Mackenzie recommended consideration of other options to consider in
future years, once the improvements are completed for the Holiday Lighting on Expressway,
giving the example signified in the staff report from Mr. Stephens that electrical outlets are
already installed at a location on Golf Course Drive.
7) El Nino Committee - update -- City Manager Netter advised the staff report for this
update was provided for Council's information.
8) Roberts Lake Memorial Brick Project /update - Ceremonial Event, Sat., Nov. 1, 1997
City Manager Netter referred to the staff report provided to Council for this update, and
confirmed the Ceremonial Event would be held on Saturday, November 1, 1997.
- -Mayor Linda Spiro advised she would be returning from Long Beach in the morning of
November 1st, and requested the event start no earlier than 12:00 noon, so she would be
able to attend.
9) City Projects Priority List - Status Report -- City Manager Netter advised this status
report was provided for Council's information.
10) Memorial Plaque for Georgia Moses - 1997 -- City Manager Netter described this
memorial plaque prepared in memory of Georgia Moses, as previously requested by a
group of citizens. Vice Mayor Vicki Vidak- Martinez clarified the request was from the
School Attendance Review Board (SARB).
11) Price Club update -- City Manager Netter shared the good news that the permits have
been issued for the Price Club location and signs have been put up for the contractors.
It appears that the proposed IMAX plans have been consummated.
12) School District meeting -- City Manager Netter advised that the City Manager and Planning
Director Wendy Schulenburg did meet recently with School District Representatives,
Superintendent Jan Hefron and Engineer Carlson, regarding annexation possibilities of the
Creekside Mid?le School location. Ms. Hefron was encouraged to communicate with Super-
visor Tim Smith, who commented on the need to get a real sphere of influence, and indicated
that Measure N was included in that area because it does exempt the School District.
13) City Hall Newsletter -- City Manager Netter shared the example prepared, for Council's
information, for the proposed monthly, or bi- monthly newsletter from City Hall.
22. CITYATTORNEY'S REPORT.°
1) Any items from closed session
City of Rohnert Park vs. Golis -- City Attorney Flitner advised the Golis case opinion was
received, and it seemed to be resolved in the City's favor. A more complete update will be
reported at the next Council meeting.
2) Closed session vote procedures (Mackenzie)
City Attorney Flitner referred to personnel matters which involve discipline alterations with
the City Council's jurisdiction of an employee. When the matter is completely over and
resolved so there is no further consideration by the Council, which he did not think had been
reached yet in the particular current situation, the statute stipulates that the vote of the
Council should be reported, according to the subsection of the Records Reporting Act,
known as the Brown Act. As far as any other voting procedure, he is aware of none.
Discussions can be kept in closed sessions, but citizens are entitled to know what happened,
which has been done. In light of that, the employee is entitled to confidentiality.
Councilmember Reilly commented that his question was regarding the letter that was dated
September 23rd to the City Manager signed by the Mayor with signature lines placed at the
bottom of the letter and signed by the other Councilmembers as if they voted. He slid not
see anything on that letter that said confidential which was provided by the City Council to
the City Manager. His concern was that to offer, or not to offer, to discuss the matter can
take place, but not the vote.
Mayor Linda Spiro confirmed this question was referred to the City Attorney at the previous
Council meeting, for his response at this meeting, to be sure the Mayor handled it right.
Councilmember Reilly expressed his concern that it seemed to him there was one step taken
beyond what should have been.
Councilmember Mackenzie signified that was the question he raised at the last Council
meeting because he believed a vote had been taken in closed session, and he asked at that
time if it should be something that should be announced in open session. This was very
specifically in reference to the form taken in the above - referenced letter where it says voting
in favor of and voting in opposition to the motion, which is the question to the City Attorney.
City Attorney Flitner responded that when this matter was discussed with him prior to the
last Council meeting, the Mayor asked for options to be delivered to the City Manager in
closed session. One of the options was not to do that, among other options to consider.
RimerC�rl £i* +te# lits (23)ttr.1�l,.1�r'
City Attorney Flitner advised he was not there at the previous closed session, but the memo
signified as the contemplated tool delivered to the City Manager in the closed session is a
personnel matter and the City employee is entitled to confidentiality, to which he or she has
the option to make it unconfidential. Once that process is completely over and /or an appeal
process is completed, once that action is completely over, then the memo can be announced.
Since the item was not completely over, the City Attorney felt it should be confidential.
When completely over, the vote should be announced, but the City Attorney signified it was
his understanding the matter is still under consideration.
Councilmember Mackenzie signified it has been discussed by members of the City Council in
the press.
Councilmember Reilly commented that six months from now, if there is still no closure to
this, asked when would it be reported in an open session.
City Attorney Flitner responded that sooner or later, the City Council will reach a final
decision to be accepted by the parties, or not. As a matter of normal routine, an employee
has the right to appeal a direct supervisor's determination by taking it to another authority
over that supervisor. In the situation where the City Council has the right to determine to
hire or fire an employee, that employee would have to review concerns with the Council, so
it would seem appropriate that he or she has the right to request taking another look at it.
Then, when a decision is reached, if the employee does not like it, another recourse would be
to appeal to the courts, but once a decision is reached, a public announcement is appropriate,
otherwise, the right to privacy would be invaded.
Councilmember Reilly commented that from the City Attorney's explanation, they should not
have been able to read about this item in the paper.
City Attorney Flitner responded those are confidential matters and that letter was not to be
released to the public.
Mayor Spiro stated what was said in public was related to not renewing the existing contract
and what was read in the paper were Council opinions, and not what happened.
Councilmember Flores advised that the Ad Hoc Committee comprised of himself and
Councilmember Mackenzie are working on the present contract and the City Manager
continues until July 1, 1998. The Committee plans to meet and complete its review of the
present contract.
Councilmember Reilly asked about the confidential nature of this matter if it can be
announced in public that the contract is not renewed, to which Mayor Spiro responded an
announcement had to be made by a required date for the contract. Councilmember Reilly
commented for further clarification, then the only thing that could not be announced was the
vote, but not to renew the contract could be announced, and what the Council could not say
was what the vote was at the time.
City Attorney Flitner confirmed the votes could not be announced until the process is
completed. -- Mayor Spiro responded she announced the decision, not the vote.
Councilmember Mackenzie stated he read the votes in an article in the Press Democrat, so
this matter obviously needs clarification, that it is inappropriate for the Council to be
discussing this with anyone in a public manner or in the press.
City Attorney Flitner advised that his opinion is that Council can announce the decision and it
can be reported to the public. Beyond that, he did not think the law requires disclosure
unless the City Manager wants it to be disclosed. Beyond that, the Council is resolved to the
matter which can be relayed to the public. That was the reason for his previous advice to the
Mayor regarding that part which can be divulged.
Mayor Linda Spiro confirmed the decision was disclosed, not the vote.
3) Political Activities of Non - Profit Recipients of Public Funds (Reilly)
City Attorney Flitner referred to previous inquiry on this item from Councilmember Reilly.
Mr. Ffitner acknowledged that, due to returning from his vacation today, he had not had an
opportunity to review the response letter dated September 30, 1997 from the Attorney
General's Office, provided to Council for this meeting. -- In response to the City Attorney's
previous inquiry asking whether the Rohnert Park Chamber of Commerce could retain its
non -profit status if they take political positions regarding candidates and/or issues, the letter
from the General Attorney's Office signified that this question should be directed to the
Internal Revenue Service. The Deputy Attorney General signified, informally, that whether a
non -profit organization would jeopardize its tax- exempt status for such activity depends
on the particular section of the Internal Revenue Code under which it is tax- exempt.
For example, charities (exempt under section 5016) are mostly restricted: no activity for or
against a candidate and insubstantial amounts for lobbying. Other types of tax exempt
organizations, such as business leagues (exempt under section 501c6) are much less
restricted. The particular section of the Internal Revenue Code that applies to the Chamber
could be obtained from the legal counsel for the Chamber of Commerce. City Attorney
Flitner signified he will research and discuss the matter further with the Chamber legal
counsel and report back to the City Council.
23. UNSCHEDULED PUBLIC APPEARANCES.
Mayor Linda Spiro asked if there were any additional unscheduled public appearances at
this time. No one responded.
24. ADJOURNMENT. Mayor Linda Spiro adjourned the meeting at approximately 11:27 p.m.
G _
Dep CiWberK
jh/mins: 10 1 497mn
Mayor
MEMO TO: Rohnert Park City Council 101,1V10 7
Re: Wastewater Options
From: David Eck
Date: October 14, 1997
WATER REUSE
It appears that the Council is heading toward an endorsement of the Geysers as an option. While I have no
major quarrel with that option I would recommend caution. As a member of the Regional Policy Advisor
Committee, on which Armando now sits, the Geysers option was repeatedly reviewed and found to be the
most expensive and technically difficult. The operations and maintenance costs of that option have always
been the highest because of the pumping costs involved in getting the water to the elevation of the Geysers.
The only way it can succeed is with direct financial participation by the utilities. It is critical that, prior to its
selection as the number one option, there be iron clad agreements between the regional system and the users
of the water. These contracts with the utilities must protect Rohnert Park rate payers from any future costs if
the Geysers have only a ten rather than twenty year lifetime. It is also critical that we are clear on what the
alternative discharge point might be. Is it the Russian River?
Geysers Subsidies:
The Geysers option as it now stands would require over $70 million dollars in ratepayer subsidies. This is
approximately the same amounts as has been proposed to subsidize the option for irrigation of farmlands. To
me it would be ridiculous to spend ratepayer money to subsidize the large utilities (with minimal direct local
impact to the ratepayer) and not subsidize local agricultural interests. The advantages of ratepayer subsidies
to local agriculture would be obvious.
• The preservation of open space. Local residents have repeatedly said this an important priority.
• Maintenance of e County agriculture as our largest economic contributor.
• Keeping the subsidy within the County; not sending money to large conglomerates outside the area.
Reuse within Rohnert Park Planning Area:
The Geysers option provides for eleven mgd of water to be pumped along their pipe. That means that
nearly half the water is still available for reclamation and irrigation projects. Rohnert Park is ideally situated
to take advantage of the water reuse option. As the Council should be aware there is a large pipe (25 in)
stubbed to the corner of Synder Lane and the Rohnert Park Expressway. It would be fairly inexpensive to
continue that pipe to Petaluma Hill Road and make water available to the open space and agricultural lands to
the east the City. I would also remind the Council that the prior proposals by Vast Oaks have included a
reservoir site as part of their project.
On City's west side irrigation is already in progress. The economics of keeping that in open space are
greatly improved by continued reuse of the water on those lands.
Future Value of the Water:
As the County develops and as agricultural interest struggle to find water the value of the reclaimed water
will grow. I think the Gallo project is an example of what the future prospects will be for water as a
commodity. My overall problem with the Geysers project is that it is considered a disposal project. I think
saving at least half the water for reuse in the immediate urban area would be a prudent move. The value of
the water on down the road is going to be high.
Revision: 10/3/97
COMMUNITY SUMMIT BUDGET
SPEAKERS & CONSULTANTS: $10,737.50
(Note: Summit Fees for Crane Transportation and Hudson & Associates have been
included in their consultant fees for the General Plan and not shown here.)
Michael Dyett $3,425.00
Padi Selwyn $7,312.50
FOOD & 'REFRESHMENTS $3,750.00
Snacks ($3.50 /Person) $1,050.00
Breakfast ($3.50 /Person) $1,050.00
Lunch ($11 /Person) $1,650.00
SUPPLIES $1,000.00
Pens, Markers, Flip Charts, Etc. $250.00
Summit Notebooks $750.00
INVITATIONS $
Printing $375.00
Postage $256.00
ADVERTISING COSTS $1,900.00
Flyer: Design & Printing $700.00
Advertising Costs $1,200.00
MISCELLANEOUS CHARGES
$600.00
TOTAL .$18,618.50
DYETT & BHA,TT A
Urban and Regional Planners
M E M O R A N D U M
To: Carl Eric Leivo, Assistant City Manager,
Pat Baca
From. Michael V. Dyett
Re: General Plan Technical Update: Assistance at Summit
Date: August 15, 1997
Based on our discussion yesterday, I propose a new Task 7, Assistance in the General Plan
Summit, which can be added to Exhibit B, Consultant's Scope of work, The text for this task is
attached. We will be submitting all the exhibits separately (by email, as file attachments and/or
by Federal Express). Please let me know it you would like us to make any changes in this task
description.
We anticipate that about 26 hours of my tinne (18 for meetings and 8 for preparation) and 2
hours of graphics time (for overheads and handouts) will be required. Including a provision for
travel costs (mileage), the total fee for this additional service will be $3,425.
Please let me know whether this is acceptable, if this amntint is inclucled within the total fee, then
the maximum will be $90,744.
7a Yoe Stmt. Suite 100 I Ph 4!5 957 2 9S 0
San Francisco G 94107 Fax: 415 S43 893 7
2o'd LS68 £t79 Sit? HILvt49 V -- L- L:2AC7 VGT:TT - L6— sT —Bn-d
Agreement for City of Rohnert Yark
Environmental Planning Services for the Gcneral Plan technical Uppda�
Page B-1
TASK 7: ASSISTANCE IN GENERAL PLAN SUMMIT
In this task Consultant will prepare for and participate in the G.► rnl Plan .Crjmmit,
.scheduled for October 16 to October 18, 1997, Consultant's responsibility will be to issues
related to the local "political economy "focusing on how cumnrcrrrity developmoont and
economic development relates to the City's fiscal resources. Distinctions between economic
impact analysis and fiscal im1ma analysis will be explained, and constraints on the City's
ubility to generate revenues will he described from u land use perspective. The uncertainties
associated with predicting revenues and costs will he explained. and the question of whether
certain types of development "pugs its way " will he addressed, drawing nn ,studies clone in
other communities. The objective will be for Summit participants to barn an understanding of
the factors affecting economic and fiscal impacts and the trudeso✓(fs that are involved in
preparing a General Plan Technical u7xlate relating to urban growth boundaries. Thl s work
does not include any economic or fiscal impact analysis uj'the proposed General Plan
amendments or trrhan growth allernalives.
6.1 Prepare for General Plan Summit. Consultant %0'11 research issues related to the
local political economy and the economic and fiscal impacts of development based on
available literature and case studies with wluoh the Consultamt is &miliar. An outline of
topics to be addressed will be prepared for review by City star' Following discussion
with City staff about the Summit, Consultant shall prepare a specific presentation and
participate in a training session/briefing with the City's consultant facilitator for the
General Plan Summit.
6.2 Participate in General Plea Summit. Consultant shall participate in the two evening
meetings and the full -day Saturday meeting. This work will include rnakingr
presentations, as required, and serving as a resource for working groups.
Meeting: General Plan ,4ummit
Products Presentation Outline (with graphics, as appropriate)
KO'd L.9G8 £ia9 91tb VjlV"Q V 1.LMAa VET 'r'i LG -9't -liner
CONSULTANT FEES
FOR 1997 GENERAL PLAN
FEES
BEING
CHARGED
DYETT & BHATIA 1 $87,320
70 Zoe Street, San Francisco, CA 94107
Services: Environmental Review
Dyett & Bhatia ($81,630)
Wetlands Research Associates ($4,340)
WOC Physics ($1,350)
FEES
APPROVED
BY COUNCIL
C $80,230
CRANE TRANSPORTATION GROUP $60,500 $60,500
545 Burnett Avenue, #101, San Francisco, CA 94131
Services: Circulation Element
FREILICK, KAUFMAN, FOX & SOHAGI $25,200
10960 Wilshire Blvd. #1270, Los Angeles, CA 90024
Services: Legal Services
HUDSON & ASSOCIATES $29,830
937 South Via Lata, Colton, CA 92324
Services: Community Issues Program
ILLINGWORTH & RODKIN, INC. $6,500
85 Bolinas Road, #1, Fairfax, CA 94930
Services: Noise Element
TOTAL CONTRACTUAL FEES: 1 $2-0-- -9,350
jqJ -7-tE -710 #100,000
Prepared: 10697
5,200
$29,830
$6,500
S 1