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2001/05/29 City Council MinutesCITY OF ROHNERT PARK CITY COUNCIL SPECIAL MEETING: GOLF COURSE MATTERS SPECIAL MEETING MINUTES May 29, 2001 Tuesday The Rohnert Park City Council met this date for a special meeting open to the public to discuss the Golf Course matters, commencing at approximately 5:45 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. CALL TO ORDER: Mayor Mackenzie called the special meeting to order at approximately 5:43 p.m. and led the pledge of allegiance. ROLL CALL: Present: (4) Councilmembers Reilly and Vidak- Martinez; Vice Mayor Flores; Mayor Mackenzie Absent: (1) Councilmember Spiro Staff present for all or part of the meetincr: City Manager Netter, City Attorney Strauss, Interim Assistant City Manager Stephens, and Recreation Director Barry. Prior to commencing with the business of the meeting, Mayor Mackenzie noted the passing of Administrative Secretary Judy Hauff's son, Eddie Hauff, on May 26, 2001. The Mayor spoke of Eddie's lifetime fight with Cystic Fibrosis and how his valiant struggle aided researchers to better understand the fatal disease and advance techniques for its treatment. Visitation will be at Adobe Creek Funeral Home, 331 Lakeville Highway, Petaluma, on Wednesday, May 30, and the funeral will take place on Thursday, May 31, at the Santa Rosa Memorial Park Cemetery, 1900 Franklin Avenue, Santa Rosa. A moment of silence was observed in honor of Eddie Hauff's life. ROHNERT PARK CITY COUNCIL - SPECIAL MEETING: GOLF COURSES May 29, 2001 Page(2 ) 1. MAYOR'S REPORT ON CLOSED SESSION: REAL ESTATE NEGOTIATIONS: 1. Rohnert Park Golf Course Property: Nothing to report. 2. ACKNOWLEDGING THE CITY MANAGER /CLERK'S REPORT ON THE POSTING OF THE MEETING'S AGENDA: The Council acknowledged the City Manager /Clerk's report on the posting of the meeting's agenda. 3. UNSCHEDULED PUBLIC APPEARANCES: Mayor Mackenzie 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 limit. Mayor Mackenzie noted that the members of the public desiring to speak about the Golf Course matters will do so after during the "Public Comments" portion of the next agenda item. ITEMS FOR DISCUSSION AND /OR ACTION: 4. GOLF COURSE MATTERS - CONSIDERATION OF MOUNTAIN SHADOWS GOLF COURSES LONG -TERM LEASE /TRANSFER OF LEASE FROM AMERICAN GOLF CORPORATION TO COURSECO: a. Golf Course Operation and Operator Transfer /Assumption/ Termination: City Manager Netter shared the contents of the staff report provided to the Councilmembers, and he responded to Council inquiries. FOR THE RECORD, City Manager Netter acknowledged that American Golf Corporation has been professional and cooperative in working with the City to assure a smooth transition to the new operator. He noted that although the City's 22 -year relationship with American Golf Corporation has had its ups and downs, they have been forthright in solving issues and clarifying the transfer to CourseCo. ROHNERT PARK CITY COUNCIL - SPECIAL MEETING: GOLF COURSES May 29, 2001 Page(3 ) City Attorney Strauss commented on two provisions in the lease with CourseCo: (1) The twice -a -year review process that will begin in the first year after the improvements are completed; and (2) The mediation and arbitration processes to the extent there is a dispute over problems that arise and an inability to resolve those problems. Council discussion ensued and staff responded to further Council inquiries. b. Public Comments: At this time, Mayor Mackenzie called forward those citizens who submitted speaker cards for this item. 1. Len Carlson 349 Circulo San Blas, was recognized and expressed his opposition to the private cart provisions in the lease. He questioned the seven - year limit and the fee for people to pay in order to ride in private carts with the owners of the cart. He reiterated that the municipal golf courses were built for the enjoyment of the residents of Rohnert Park, including those with disabilities, and he asked the Council to reconsider the monitoring issue on the private carts. 2. Dick Koehler, 4558 Fairway Drive, was recognized and expressed general agreement with the philosophy and the programs described by Mr. Tom Isaak, President of CourseCo, in a letter to the representative of the golf groups. However, he expressed strong opposition to the seven -year limit for retention of private golf cart rights. He suggested a time when it would be more appropriate to review the private golf cart situation, and he noted the committee's willingness to work with CourseCo on all issues of interest related to the golf courses. 3. Wayne Thush, 4400 Hollingsworth Court, was recognized and indicated that after attending the golf representative committee meeting, it was his feeling that any residents of Rohnert Park who own a golf cart should be entitled to special annual trail fees from CourseCo and the City. He noted that all residents, including those who move here for what the City has to offer, should be extended the same benefits. ROHNERT PARK CITY COUNCIL - SPECIAL MEETING: GOLF COURSES May 29, 2001 Page(4 ) 4. Charles Kitchen, 4457 Hollingsworth Circle, was recognized and asked the City Attorney about remedies for disputes regarding the conditions of the courses. He raised the issue of a lack of clarity in differentiating peak times and nonpeak times, and he expressed his support for the formation of an ad hoc committee. C. Council Discussion /Action: Resolutions for Consideration: 2001 -118 APPROVING AN AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND AMERICAN GOLF CORPORATION Upon MOTION by Vice Mayor Flores, seconded by Councilmember Vidak- Martinez, Resolution 2001 -118 was APPROVED 4 -0 -1 with Councilmember Spiro absent. 2001 -119 APPROVING A GROUND LEASE BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK GOLF, L.P. (COURSECO) Council discussion concluded upon MOTION by Vice Mayor Flores to approve Resolution No. 2001 -119 with a change in the private cart provision from seven years to fourteen years. City Attorney Strauss responded to Council questions, and MOTION DIED FOR LACK OF A SECOND. Council discussion continued, and upon MOTION by Councilmember Vidak - Martinez, seconded by Mayor Mackenzie, Resolution 2001 -119, with a FRIENDLY AMENDMENT from Vice Mayor Flores and accepted by the maker of the motion and the second to review the private cart provisions within five years of the signing of the lease, was APPROVED 4 -0 -1 with Councilmember Spiro absent. Mayor Mackenzie shared some final comments on the entire lease transfer, and he thanked all of the parties involved for their professionalism and cooperation. ROHNERT PARK CITY COUNCIL - SPECIAL MEETING: GOLF COURSES May 29, 2001 Page(5 ) ADJOURNMENT: There being no further business, Mayor Mackenzie ADJOURNED the work session at approximately 6:40 p.m. TO the Joint Meeting with Sonoma State University scheduled for this evening at 7:00 p.m. L4::e Katy Leonard, Certified Shorthand Reporter CSR No. 11599 c- Jak Mackenzie, , Mayor Ci f Rohnert Park