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