1999/03/23 City Council MinutesRohnert Park City Council Minutes
March 23, 1999
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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 Reilly presiding.
PRESENTATION by Robin Bleckwehl, President, Rohnert Park Chamber of Commerce
re. Business Resource Directory
This presentation was scheduled prior to convening the regular session. Ms. Bleckwehl
reviewed background efforts for the Business Resource Directory, which is currently in
the design/layout stage. She explained sections of the sample notebook provided for
Council's information; distribution possibilities of approximately 11,300 to businesses
and designated residential locations; and printing anticipated at the end of this week with
costs averaging $2,300, which the Chamber did not budget for this publication to do a
mass mailing to all residents. If the Council desires a resident mailing, additional funds
would be required. The cover design was created from photographs by Councilmember
Jake Mackenzie. The choice for the cover design was selected after review of numerous
other options. Ms. Bleckwehl responded to Council questions related to this item.
Discussion included Council commending the appearance and beneficial aspects of this
directory; agreement on the importance of the distribution representing everyone, i.e.
equal inclusion of all types of residential locations for both homeowners and renters; and
consideration of declaring this an emergency item due to the time frame for the printing
process versus placing the expenditure request for the printing costs on the next Council
meeting agenda. City Manager Netter suggested a section highlighting the City. Council
concurred that the City Manager should work with the Chamber for consideration of
including a City section in the Business Resource Directory and place the printing
expenditure request on the next Council meeting agenda.
Ms. Bleckwehl also distributed flyers and invited the Council to the Business Showcase
from 4:00 to 7:00 p.m., Thursday, April 29, 1999, at the DoubleTree Hotel.
CALL TO ORDER: Mayor Reilly called the regular session to order at approximately 7:25 p.m.
and led the pledge of allegiance.
ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Spiro,Vidak- Martinez,
and Mayor Reilly
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, Planning Director Schulenburg,
Public Safety Lieutenant Bullard and Recreation Director Barry.
MOMENT OF SILENCE IN MEMORY of Elizabeth M. Condiotti
Mayor Reilly declared a Moment of Silence in memory of Elizabeth M. Condiotti, who
passed away recently, and expressed condolences to her husband, Arthur Condiotti, and
family and friends.
Rohnert Park City Council Minutes (2) March 23,1999
1. CLOSED SESSION: Mayor Reilly reported on the closed session which commenced this
evening at 6:00 to discuss matters listed on the agenda attachment, representing an update.
No action was taken at this time with exceptions as follows:
• Personnel matters (G.C. 54957)
1) Update on Public Safety Dept. Employee Grievance Hearing - Council unanimously
agreed to accept the appeal on the Grievance Committee.
2) Requests for Benefits /Use of Sports Center - Council agreed the requests, as presented, for
both the Retirement Association and the Planning Commission were not the appropriate
way to proceed, and should be handled through established bargaining group negotiations.
• Litigation matters (G.C. 54956.9)
1) Settlement Proposal - Valley Village vs. City of Rohnert Park Rent Appeals Board -The
offer on the Valley Village Mobile Home Park was discussed and the City Attorney will
present a report on this at the next Council meeting.
2) Hillsboro Properties vs. City of Rohnert Park - Settlement discussion - Council directed
the City Attorney to continue with the appeal process. In the meantime, City Council
Liaisons Flores and Reilly will continue to meet with representatives of the mobile home
parks.
3) Fire Services Benefit Assessment Appeal /Stutrud vs. City of Rohnert Park - The City is
proceeding with the appeal. Funds continue to be held in separate accounts until settled.
City Attorney Flitner advised that one more brief is due and should be submitted soon.
2. APPROVAL OF MINUTES: Corrections to the previous meeting minutes were made by
Council and signified on original set of minutes.
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the
minutes of February 23, 1999 were unanimously approved as amended.
Upon motion by Councilmember Spiro, seconded by Councilmember Flores, and
approved 3 -0 -2 with Councilmember Mackenzie and Vice Mayor Vidak - Martinez
abstaining due to absence from the meeting, the minutes of March 9, 1999 were approved
as amended.
3. APPROVAL OF BILLS: Upon motion by Vice Mayor Vidak- Martinez, seconded by
Councilmember Mackenzie, City bills presented per the attached list in the amount of
$974,742.11 were unanimously approved.
4. ADDING INFORMATIONAL NON- AGENDAED MATTERS:
Mayor Reilly asked Councilmembers or staff if there were any non- agendaed
informational items to add to the agenda. Councilmember Flores signified one item to add
regarding a recommendation for a City Council Subcommittee.
5. YOUTH CITY COUNCIL REPRESENTATIVES
from High School 1998 -99 Youth of the Year Program
High School Youth Representatives Senior Vivian Snyder and Junior Melissa Canning
were recognized. Ms. Snyder provided the youth report which reviewed reasons to
support consideration of a 50 meter pool as follows:
• additional local restaurant and hotel revenues;
• capability of international and national level meets;
Rohnert Park City Council Minutes (3) March 23,1999
• short course pools are not sufficient for competitive swim meets or training;
• there are currently seven national qualified swimmers on the Rohnert Park Swim Club;
• serves many purposes like recreational as well as competitive, lap swimming, diving,
swimming lessons, water polo, scuba diving and other water sports, and aquatic
aerobics;
• building another 25 yard pool would be duplicating facilities the city already has;
• Sonoma County needs a 50 meter pool and it would benefit other Club teams, Rancho
Cotate High School swimming and diving which currently does not have adequate
facilities available, and citizens of Rohnert Park; and
• the cost would be a question, but pools are services and the revenue it would bring
would be a benefit to our town.
6. SONOMA STATE UNIVERSITY ASSOCIATED STUDENT REPRESENTATIVE
SSU Student Representative Senior Brandon Chong provided the SSU Associated Student
report which included:
• Distributed to Council the SSU STAR newspaper, as previously requested by
Councilmember Flores, and noted that consideration is being given to larger
distribution of the STAR.
• They are looking into possibilities for selling T -shirts off campus.
• Associated Students are busy working on their 1999/2000 year budget.
• They are discussing Rohnert Park growth and size.
• Jan Thorpe is the first All- American for SSU basketball.
• Lacrosse will go to National Championships.
• Dimensions Dance Theater will be March 25th, $10 general admission, noting
examples like African rhythm and this week giving attention to cultural heritage.
• Asian Heritage Night will be March 26th, $12 general admission.
• Extended invitations to Hunger Awareness Dinner on April 21st, 6:00 p.m., in the
Commons.
• SSU Associated Student representatives will not be at the next City Council meeting
due to spring break.
• CSU, CFA are continuing with contract negotiations.
7. SCHEDULED PUBLIC APPEARANCES:
1) Mike Kerns 2nd District Supervisor re. introduction to the City Council - Mr. Kerns
expressed appreciation for the invitation and opportunity to introduce himself at this time.
He looked forward to working with the City Council on mutual concerns including
possibilities toward forming an assessment district to meet the long term needs of Canon
Manor which is within the County and within the sphere of influence in Rohnert Park.
Council welcomed Supervisor Mike Kerns, reviewed extensive background efforts toward
resolving concerns of Canon Manor, and expressed continued willingness and interest to
work with the County toward solutions for the Canon Manor area. Council agreed with
acknowledgment by Mr. Kerns on the right timing to move forward on this matter with
the current efforts City's General Plan Update process.
Rohnert Park City Council Minutes (4) March 23, 1999
2) Tim Danesi of Cultural Arts Commission re Cultural Arts History boom - Mr. Danesi
reviewed interests of the Cultural Arts Commission which included:
• Pursuing efforts for a Cultural Arts History Room, which would be good for the new
Town Center;
• Starting a Historical Society with possibilities to work with the City of Cotati on a
combined effort, including working on ideas for a name;
• Considering an effort for Tax Day on April 15 at City Hall with request to have staff
attend their next meeting on April 5th to review this item; and /or
• Meet with Councilmember/Liaison Flores for considerations of forming the Historical
Society and the Cultural Arts History Room.
Mayor Reilly suggested these matters be reviewed with staff before scheduling a meeting
with the Council Liaison. Council agreed.
8. UNSCHEDULED PUBLIC APPEARANCES: Mayor Reilly 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).
1) Clayton Cramer, 6087 Dinah Court, referred to the ban on junk guns listed later on the
agenda and reviewed highlights of reports distributed at the February 23rd Council
meeting. He expressed opposition to the proposed ordinance for banning the sale of
junk guns and indicated that the statement was not accurate regarding the names of guns
on the list.
2) Dewey Blair, 618 Racquet Club Circle, asked where Council stands on Canon Manor and
referred to a recent newspaper article on related. concerns, and previous written
communications submitted to Council by representatives of Canon Manor on December
9th and revised on January 18th regarding their proposal for the annexation costs, which
has had no response to date. Mr. Blair referred to the 24 acre item listed later on tonight's
agenda and expressed concerns regarding the previous recommendation from LAFCO to
take care of Canon Manor first. He commented further on proposed sewage allotments
and indicated that representatives of Canon Manor are willing to pay their fair share and
would resist any annexation of the 24 acres if considerations do not include annexation of
Canon Manor.
3) Ronald Kennemer, 1911 Cooper Drive, reviewed reasons for opposing the ordinance for
banning the sale of the junk guns. He indicated that the ban would not serve a useful
purpose and could be considered discriminatory toward people with lower incomes.
4) Bill Maggiora, Lafayette, Ca., a licensed mechanical engineer, expressed concerns
regarding the ordinance to ban the sale of junk guns. He shared comments on the tensile
strength criteria language and reviewed examples of equal or greater tensile strength, such
as the weakest material of 50/50 plumber solder as an alloy that would not be suitable for
any firearm. He could not imagine any manufacture selling any part for a gun made out of
something as soft as plumbers solder. He has read a lot of material specifications and has
not seen one that did not specify actual amounts. Mr. Maggiora commented that the
Council should not consider adoption of the ordinance banning junk guns without
knowing the pitfalls.
Rohnert Park City Council Minutes (5) March 23, ]999
5) Jean Spear, 1405 Mariner, as a resident of M Section, referred to the aquatics master plan
reviewed at the recent Parks and Recreation Commission meeting. She agreed that the
Canon Manor issue is a big need; commented on the bond funds available for the new
City Hall; and $600,000 indicated at last week's meeting for the aquatics master plan.
Residents of M Section have been unable to go to other neighborhoods to swim due to full
capacities of the pools, and do not want the previously approved pool for M Section to be
contingent upon considerations for the newer aquatics master plan. The time frame
should be moved up as waiting another two to three years is unfair to their neighborhood,
and they have lost a whole generation waiting for a pool. Ms. Spear urged the City
Council to make a motion to consider this an emergency item.
6) Roxann Rodriquez, 1425 Mariner Place, also expressed support of proceeding with the
pool for M Section from previous allocations. She commented on attending the review of
the aquatics master plan and would like to see the $600,000 go into the full plan, but
indicated that the M pool should not be contingent on the aquatics master plan. She has
also tried to use pools across town but was unable to get in due to full capacity. Ms.
Rodriquez referred to current considerations of the General Plan process and expressed
further concerns regarding two separate elections which defeated growth issues. She
asked why is this still being discussed and indicated that Rohnert Park is sprawling, youth
cannot ride bikes on the bike trails, and the community needs more schools.
7) Howard Sowers, 6652 Petaluma Hill Road, submitted a speaker card but did not speak,
requesting participation by the City in promoting the Balloon Event, June 26 & 27, 1999,
at the Grossi Farm.
8) Dean Houghton, 545 Alta Avenue, shared reasons for opposing the ordinance to ban the
sale of junk guns including reference to the previous staff report indicating numerous gun
dealers in the community. Mr. Houghton was aware of only one dealer in the area that is
in Cotati. He commented on understanding the Public Safety Director's concern, as the
smaller guns can be concealed, and reviewed examples of guns providing security for
seniors, Mr. Houghton encouraged training programs of handgun care and use.
9) Alfreda Louis Jacques of Penngrove - Mayor Reilly noted that this person, who submitted
a speaker card to comment on concerns regarding Canon Manor, had left the meeting.
10) Kent Griffiths, 106 Estrella Drive, expressed opposition to the ordinance banning the sale
of junk guns and reviewed reasons in defense of the second amendment rights the country
was founded on to bear arms. He and his wife are heavily involved in Scouts. Statistics
show that crime goes down when people keep their second amendment rights. Mr.
Griffiths urged Council to support the second amendment.
11) Rhonda Cramer, 6087 Dinah Court, expressed appreciation to the City Council for
considering the ordinance to ban the sale of junk guns. She commented on Santa Rosa
and Petaluma not passing similar considerations and thanked Rohnert Park for keeping it
on the agenda. Ms. Cramer urged adoption of the ordinance banning junk guns.
I.Rohnert Park City Council Minutes (6) March 23,1999
12) Mr. Goldberg, 7345 Castille Court, urged the Council to support our constitutional rights
by discarding the item considering a ban on the sale of junk guns. Mr. Goldberg
commented further on a CCMP seminar he attended last week regarding an environmental
symposium. He expressed concerns regarding efforts of ABAG, Sonoma County and
others to take 250,000 acres of agricultural land to turn into habitat in the Delta North
Bay. Mr. Goldberg indicated that he is proposing a Northbay Airport in the vicinity of
Skaggs Island/Sonoma/Napa and provided these comments to keep the Council aware of
these proposals.
13) Peter Patrakis, 590 Fano Lane, expressed opposition to the ordinance banning the sale of
junk guns. He distributed to Council material he obtained in Sacramento earlier today
regarding Senate Bill 15 and describing several types of guns. Mr. Patrakis commented
that the legislative efforts are to disarm the American people and made comparisons to this
practice in other countries with dictators. He urged Council not to adopt the ordinance.
14) Lou Beary of Penngrove, referred to addressing the Council about a year ago on an incident
of a citizen being killed by an officer. He shared that a recent explanation from a
representative of the Public Safety Department was that the ordinance banning junk guns
was trying to protect the people from themselves. Mr. Beary commented that a well armed
citizenry keeps the authorities in line and that he organized a militia that will defend their
rights to defend themselves. Mr. Beary recommended that the City Council not pass the
ordinance on banning the sale of junk guns.
15) William W. Pisenti, 4975 Bennett Valley Road, Santa Rosa, indicated that he belongs to all
the gun clubs and has had guns all his life. He shared examples of self defense and made
comparisons with countries in the past that have had dictators, and did not want this to
happen in America. He expressed opposition to the ordinance banning the sale of junk
guns and urged the Council not to adopt it.
Io. CONSENT CALENDAR
Mayor Reilly asked if there were any questions regarding the matters on the Consent
Calendar which were explained in the City Manager's Council Meeting Memo.
Councilmember Flores requested removing Resolution No. 99 -66 from the Consent
Calendar for recognition. Councilmember Mackenzie rPn,jPetPd Temoval of Res^,luti.^.n
....
No. 99 -59 for discussion. Council agreed.
Mayor Reilly read the titles of the other items listed on the Consent Calendar.
Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda
Acceptance of Cash/Investments Report for Month End, February 28, 1999
Resolution Nos:
99 -58 PROCLAIMING APRIL 19-23,1999 AS "RECYCLE WEEK"
99 -60 ADOPTING INVESTMENT POLICY FOR IDLE FUNDS
99 -61 APPROVING CANCELLATION OF CERTAIN RESOLUTIONS FOR VAPD�IOUS
CALL FOR SEALED PROPOSALS (RE. PUBLIC WORKS CAPITAL PROJECTS
AND PURCHASES)
99 -62 CALLING FOR SEALED PROPOSALS TO BUILD WEATHER PROTECTIVE
ENCLOSURES FOR DOG ROOMS AT ROHNERT PARK ANIMAL SHELTER
Rohnert Park City Council Minutes (7) March 23,1999
Resolution Nos:
99 -63 CALLING FOR SEALED PROPOSALS, REPLACEMENT OF TRACTOR MOWER
99 -64 CALLING FOR SEALED PROPOSALS, OVERLAYS - 1998, PROJECT NO. 1998 -6
99 -65 REJECTING THE CLAIM OF ARTHUR SELF (RE. ALLEGED WINDSHIELD
DAMAGE FROM POTHOLE)
Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, with the
exceptions of Resolution Nos. 99 -59 and 99 -66, the Consent Calendar as otherwise
outlined on the meeting's agenda, was unanimously approved.
Resolution No:
99 -59 PROCLAIMING APRIL 22, 1999 AS "EARTH DAY"
Councilmember Mackenzie signified the desire to bring attention to this resolution. He
commented that he has spent a good part of his adult life in environmental protection, was a
graduate student of Oregon State University, and recognizing "Earth Day" provides an
opportunity to reflect on the environmental welfare in the county and area in which we live.
Upon motion by Councilmember Jake Mackenzie, seconded by Vice Mayor Vicki Vidak-
Martinez, and unanimously approved, reading was waived and Resolution No. 99 -59
was adopted.
Resolution No:
99 -66 IN TRIBUTE TO ELIZABETH M. CONDIOTTI AND EXPRESSING
APPRECIATION FOR HER VALUABLE CONTRIBUTION TO THE COMMUNITY
Councilmember Flores referred to the Moment of Silence in Memory of Mrs. Condiotti held
at the beginning of this meeting and requested that the resolution prepared for her be read
into the record. Council concurred. Mayor Reilly read contents of Resolution No. 99 -66
into the record as follows:
Whereas, Elizabeth Condiotti, affectionately known as `Bette" died on March 17, 1999, at the age
of 72; and
Whereas, Bette dedicated her life to her family; she was the beloved wife of Art Condiotti, a well -
known Rohnert Park developer, for 52 years; the cherished mother of two sons, Mark and Daniel,
and daughter, Debra, as well as the adoring grandmother of Zachery, Aaron, Arthur and Gavin; and
Whereas, although a private person, those who were fortunate enough to know her well spoke of
her warmth, her artistic talents, her love of books and the theater. Her generous contributions to the
Dorothy Rohnert Spreckels Performing Arts Cuter have been greatly appreciated; and
Whereas, in spite of the fact that Bette was ill for years, this gracious woman faced life with
courage and fortitude. Desirous of helping others to the end, she unselfishly requested that
donations in her memory be made to the Kidney Foundation of Northern California.
Now, therefore, be it resolved by the City Council of the City. of Rohnert Park that it extends its
deepest sympathy to the family of Elizabeth Condiotti and does hereby honor and pay tribute to her
life with this resolution.
Upon motion by Councilmember Flores, seconded by Councilmember Linda Spiro, and
unanimously approved, Resolution No. 99 -66 was duly and regularly adopted this 23rd
day of March, 1999.
Rohnert Park City Council Minutes (8) March 23,1999
10. INTEREST ON SECURITY DEPOSITS
City Manager Netter advised that memorandums from the City Attorney were provided
for this item, as reviewed in the Council Meeting Memo. City Attorney Flitner shared
highlights of his research resulting in the language change for clarification which
establishes the rate payable on security deposits as the rate paid on 3 month U.S. Treasury
bills on the day the lease /rental agreement is entered into. The Ordinance also excepts
mobilehome park owners from the requirement to pay interest on security deposits in
recognition of California Civil Code X798.36 that expressly exempts mobilehome park
owners from the requirement to pay interest on a rental security deposit.
Ordinance for adoption:
No. 649 AMENDING CHAPTER 9.71 OF THE ROHNERT PARK MUNICIPAL CODE
FOR PAYMENT OF INTEREST ON SECURITY DEPOSITS (RE. USE OF INDEX
PUBLICATIONS ON INTEREST RATE AND MOBILEHOME PARK
EXCLUSION PURSUANT TO CALIFORNIA CIVIL CODE �798.36(E))
Upon motion by Vice Mayor Vicki Vidak - Martinez, seconded by Councilmember Linda
Spiro, and unanimously approved, reading of the ordinance was waived and Ordinance
No. 649 was adopted.
11. PROHIBITING THE SALE OF JUNK GUNS
City Manager Netter advised that the staff report dated February 22, 1999 was provided to
Council from Director of Public Safety Rooney responding to previous questions on the
"Junk Gun Ordinance" presented at the Council meeting of February 23, 1999, Mr. Netter
signified that Lieutenant Tom Bullard was present at this Council meeting to respond to
additional questions, if any.
*C o R R E C T1 O N BELOW from 4/13/99 City Council meeting: Per Councilmember Flores (deletion lined o nt. /addition underlined)
Discussion included comments as follows:
• City Manager Netter responded to Council questions referring to the list of guns
presented by a resident, during tonight's unscheduled appearances, c mp—A to I- list
referred to in the Junk Gun Ordinance for adding Chapter 9.96 to the Municipal Code.
He advised that the specific guns were listed in the resolution that was adopted earlier
when this ordinance was introduced, and staff could make a comparison of the lists.
• Councilmember Flores referred to the earlier introduction of this ordinance and
commented that the City Council withheld adoption to wait for the final analysis of the
questions previously raised and reflected in concerns expressed during this meeting.
The intent of the ordinance was to eliminate unsafe and unreliable equipment was a
good thought but was not supported in review of the analysis on signified comparisons
regarding carbon steel guns and nylon *pedmers Polymer s. The statistics provided by
municipalities and the California Department of Justice indicate that crimes committed
by junk guns are very low percentages. Mr. Flores shared the low percentages and
indicated that, as he reviewed the reports, it was obvious that criminals prefer big and
intimidating guns and low budget gang members do not like crummy guns, so it seems
that if there is going to be a control on guns, it has to be done through legislation.
Rohnert Park City Council Minutes (9) March 23,1999
The most important aspect of this review is that the Second Amendment of 1791 has
withstood the test of time and the right of people to bear arms should not be infringed
upon. Looking at the whole perspective and to honor the Constitution, there are other
ways to achieve the desired results for protection and this junk gun ordinance is not the
right way to do it.
• Vice Mayor Vicki Vidak - Martinez signified that the Council has reviewed this
ordinance and related information and received public input, sometime unsolicited,
which has resulted in changing her position on this item. Ms. Vidak - Martinez shared
the importance to continue to promote well being and safety. She compared
information received on the number of local gun dealers with the initial presentation
signifying fifteen and more recent information signifying only * it-lwree four. When she
asked Wal -Mart if they sold *2 junk guns, she was told no, but they do sell handguns
through the catalogue, so Vice Mayor Vidak- Martinez indicated that at this time she
did not feel the ordinance to ban the sale of junk guns is necessary and did not feel it
would be helpful, so would not be supporting adoption of the ordinance.
• Councilmember Mackenzie shared that this is a place where he prides himself. He had
reviewed the information provided on the junk gun ordinance for consideration and
has read other extensive reports and research on the internet. Mr. Mackenzie indicated
that he has his own very strong personal feelings on this matter.
* 1 &2C O R R E C T 10 N S ABOVE from 4/13/99 City Council mtg: Per Vice Mayor dak- Martinez (deletions lined out/additions underlined)
Ordinance for adoption:
No. 647 ADDING CHAPTER 9.96 TO THE ROHNERT PARK MUNICIPAL CODE TO
PROHIBIT THE SALE OF JUNK GUNS
A motion was made by Councilmember Mackenzie, seconded by Councilmember Spiro,
to adopt Ordinance No. 647.
Discussion of the motion ensued as follows:
® Mayor Reilly shared that his question was not the idea of exploding guns or junk guns,
but is there a safety issue for the Public Safety Officers? He summarized this concern
by saying we cannot rely on our court systems, but what can we do as a community to
address it. Mr. Reilly referred to the statistical reports with different results and
expressed disagreement with any line of thought that the junk gun ordinance promoted
fascism or nazism. The question should be, are there guns on the list that can pose a
hazard? Mayor Reilly commented on his own past experience that some found small
guns in boots of people he was arresting and raised the question, was that self
protection, or opposing the law? He recommended further review of the list of guns
for the presentation of this ordinance banning the sale of junk guns. Mr. Reilly
signified that contrary to what he was hearing, this ordinance can work without
violating the Second Amendment, and recommended changes in the language for
clarification, such as indicating that the city does not want to have these guns in the
community and does not want local dealers to sell them. Mayor Reilly indicated the
desire that the motioner and seconder would request this language clarification, as they
also brought up some questions, and shared that this is not about Russia or Hitler or
nazism. Mr. Reilly signified that his desire was to be able to do both, i.e. ensure
Second Amendment rights and continue with being able to have affordable guns, as
well as the added safety from prohibiting the sale of junk guns.
j Rohnert Park City Couneft Minutes (10) March 23,19"
*C O R R E C T 10 N BELOW from 4 /13/99 City Council meeting: Per Councilmember Linda Spiro (addition underlined)
• Councilmember Linda Spiro expressed agreement with the preceding comments by the
Mayor including the need for revised language *for revised list of Runs for clarification.
• Councilmember Mackenzie indicated he would be willing to concur with the
recommendation for language clarification and would withdraw his motion to enable
review of this item according to preceding comments. Mr. Mackenzie signified for
clarity of the record, that he intended to move for the adoption of the revised form of
the ordinance banning the sale of junk guns.
• City Manager Netter explained that the list of guns was included in the previously
adopted resolution for this item. The language of the ordinance was prepared so the
details of the resolution can be modified as needed from year to year. The resolution
dictates which guns are listed, so the ordinance could be adopted this evening, which
would then become effective in 30 days, and the resolution could be amended deleting
or adding certain guns as appropriate.
• Councilmember Mackenzie requested a point of clarification from the City Attorney
and asked if the Council adopts the ordinance at this time, then does the prior resolution
become in effect and stand as the roster of junk guns as listed.
• City Attorney Flitner responded, that is correct.
• Councilmember Mackenzie signified that since the question on this issue is the types
of guns on the list, he preferred to wait for the revised roster for the list of junk guns
before proceeding with the adoption of this ordinance, to ensure the list is correct for
this particular ordinance.
• Councilmember Flores encouraged the Council, as it considers this ordinance, to
reflect on the historical document of the Second Amendment of 1791 when muskets
and cannons were available. When the Founding Fathers considered the right to bear
arms, this was not considered in terms of flaw suits lawsuits, but in terms of
infringement of personal rights.
• City Manager Netter requested clarification in terms of criteria for the junk gun list.
• Mayor Reilly indicated the criteria should coincide with the danger of the guns and
whether descriptions qualify as junk guns, since there is apparently another list that
has been presented and needs to be considered, and if consideration can be given to
guns that can be concealed. If the list of guns goes beyond that, he would want to
know how big the list will be.
• Councilmember Mackenzie indicated that if there is a question about the findings of
the gun descriptions qualifying as junk guns, then the list should be so amended so the
findings will support the ordinance presented for adoption.
• Councilmember Mackenzie withdrew his motion for the adoption of this ordinance
with the consent of the seconder. Councilmember Linda Spiro agreed to withdraw her
second to the motion.
*C O R R E C T 10 N ABOVE from 4/13/99 City Council meeting: Per Councilmember Flores (deletion lined out/addition underlined)
RECESS: Mayor Reilly declared a recess at approximately 9:05 p.m.
RECONVENE: Mayor Reilly reconvened the Council meeting at approximately 9:10 p.m. with
all Councilmembers present.
Rohnert Park City Council Minates (11} March 23, 1999
12. OTHER RESOLUTION FOR CONSIDERATION:
Resolution No:
99 -67 APPROVING LEASE AGREEMENT FOR TEMPORARY SPACE FOR THE
OFFICE BUILDING AT 120 AVRAM
City Manager Netter explained the staff report from Building Official Lee Braun for
consideration of the above referenced temporary office space for the Building Department
Staff, as reviewed in the Council meeting memo, and responded to Council questions.
City Attorney Flitner confirmed that he reviewed the lease agreement for this office space.
Mr. Flitner recommended inclusion of (1) a provision for pro -rata sharing of parking
spaces, and (2) changing the time frame for rental extensions from one month at a time to
giving a three month termination notice, i.e. three month cycles versus monthly.
Upon motion by Councilmember Linda Spiro, seconded by Councilmember Flores, and
unanimously approved, with inclusion of above recommendations by the City Attorney,
reading was waived and Resolution No. 99 -67 was adopted.
Mayor Reilly noted that even though he is against the new city hall building, he does
support obtaining more adequate space for City offices.
13. PARKS AND RECREATION matters:
1) Ratification of Parks and Recreation Commission decision on funding request for
Michelle Olivera, who was selected to represent Sonoma County in the Miss Teen
California Pageant in Los Angeles, April 26, 1999
Recreation Director Tim Barry reviewed his staff report for this item. He acknowledged
that Michelle Olivera and her mother were present at this meeting. Their application
requested financial assistance in the amount of $495. Mr. Barry advised that there is
currently a balance of $850 left in the fund for local contributions, and the Parks and
Recreation Commission recommended this contribution of $495, as requested.
Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez,
and unanimously approved, to contribute the above - reviewed financial assistance in the
amount of $495.00 as recommended by the Parks and Recreation Commission.
On behalf of the full City Council, Mayor Reilly extended best wishes and good luck to
Miss Olivera in the Miss Teen California Pageant on April the 26th. Miss Olivera
expressed appreciation for the encouragement and the financial assistance.
2) Reconsideration of Extended Alicia Pool Recreation Swim Hours
Recreation Director Tim Barry explained his staff report for this item. Due to the net
revenue loss of approximately $6,300 to extend the Alicia Pool hours for recreational
swim, because it would be too cold to add swim lessons at the end of these hours, it is the
recommendation of the Recreation Department not to extend the recreational swim hours.
I.Rohnert Park City Council Minutes (12) March 23, 1999
Councilmember Flores referred to previous concerns he raised when he requested the
recreational swim time to be extended, and were again reiterated earlier this evening
during unscheduled public appearances, indicating that citizens are going to various pools
and not being able to swim due to full capacities. These concerns are legitimate and with
the realization that pools run in the deficit but the revenue loss of $6,000 is a considerable
amount, therefore, Mr. Flores suggested extended recreational swim hours through July
and not through June or August as a compromise,
Mayor Reilly indicated his preference not to proceed with the compromise but preferred
accepting staff's recommendation to retain the swim lessons versus extending the
recreational swim hours.
Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez,
and approved 3 -2, with Councilmembers Flores and Spiro dissenting, to accept the
above - reviewed staff recommendation.
14. PACIFIC BELL MOBILE SERVICES PERSONAL COMMUNICATIONS FACILITIES
15. CELLULARONE CELL SITE (Tower) Sublease with KRCB and ICG Telecom Group, Inc.
City Manager Netter referred to the staff reports for above items 14 & 15, and indicated
that for both of these items, the previously instituted Council Subcommittee for
telecommunications did not get invited to the reviews for these considerations. Mr. Netter
explained that this was an oversight on the part of staff and asked Council if these two
matters should be deferred to enable review by the Council Subcommittee. The City
Manager apologized to the applicants for the possible delay. City Attorney Flitner
suggested allowing comments by CellularOne representatives due to time factors.
Mayor Reilly invited comments from representatives of these items.
Attorney Charles Martel, representing CellularOne, explained the need to proceed with
authorizing the agreement as a delay could cause problems with getting the construction
done and lining up everything involved for this effort. He understood procedures but
would appreciate consideration to proceed.
Councilmember Linda Spiro expressed concern about definitions and what protection the
City would have for entering into contracts with two entities without considering the
complexities of the internet. This would be an important inclusion in the agreement
language for the protection of the City. She signified understanding CellularOne's need
for the tower, but in some cases, like AT &T, many new and additional services are being
considered and rules are different depending on classifications.
Attorney Martel responded that CellularOne is a telephone company and if technology
changes, would no longer be in business, but was not sure how to address the concerns.
Mayor Reilly signified that Councilmember Linda Spiro and he comprised the Council
Subcommittee selected to review the telecommunication matters. The Mayor commented
that this would not stop the majority of the City Council from deciding if it preferred not
to have a Subcommittee report on this, but it is how the Council has proceeded with
Rohnert Park City Councit Minutes (13) March 23, 1999
matters in the past, and he was not in the position to recommend proceeding differently
for this item. Mayor Reilly responded to additional comments by Attorney Martel on
changes made in the agreement in the review process with the City Manager, City
Attorney and Assistant City Manager, that normally the Council Subcommittee does not
review items until documents are nearly final, so it would be following the usual
procedure to place this item on the next Council meeting agenda, after the Subcommittee
meets to review it.
Councilmember Flores recognized CellularOne's urgency and was sympathetic to the
situation, but expressed the need to support the Council Subcommittee process, which in
the long run would ensure a more complete review of the application.
Councilmember Mackenzie noted, for the record, that the delay would be an additional
week as there are three weeks between tonight's Council meeting and the next City
Council meeting of April 13.
Attorney Martel requested to be involved in the Subcommittee process.
City Manager Netter noted that additional language revisions were received just prior to
tonight's meeting from CellularOne.
Pacific Bell Representative Wickersham reviewed efforts with City staff to date and
thought they had everything in order to proceed for approval of the mobile service
communications facility on the Rohnert Park Public Safety Building. Representatives in
Sacramento would be disappointed in the delay but he would like to attend the
Subcommittee meeting to be scheduled for further review.
Council concurred the Pacific Bell and CellularOne telecommunication items should
both be deferred to the next Council meeting of April 14, 1999 pending review by the
Council Subcommittee, and that representatives of both Pacific Bell and CellularOne
would be notified and invited to attend the Subcommittee meeting.
16. COMMUNITY DEVELOPMENT BLOCK GRANT Technical Advisory Committee Meeting
City Manager Netter explained the staff report for this item from Assistant City Manager
Leivo, as reviewed in the Council Meeting Memo. Rohnert Park submitted four projects
in the following order: (1) Burbank Housing Scattered Site Family Rental Project
$450,000; (2) Sidewalk Exits Ramp Program $200,000; (3) Alicia Park Playground
ADA Renovation $60,000; and (4) Rehabilitation of the Boys and Girls Club $69,000.
TAC recommended the first priority in the amount of $219,000 for the Burbank Housing
Development Scattered Site Project. Additional information reported at the TAC meeting
was provided to Council, which indicates that Rohnert Park has consistently received less
than its fair share of CDBG funds. Rohnert Park's allocation has ranged between 18%
and 29% over the past 10 years. If the allocation were based on population, Rohnert Park
would receive 40 %. Therefore, staff recommends researching the possibility of Rohnert
Park becoming an entitlement city through a petitioning process and solicits concurrence
by the Council to see if the City of Rohnert Park would be better served by being an
entitlement city. Council concurred.
RohnertPark City Council Minutes (14) March 23,19"
17. PAL BUILDING CONCEPTUAL IDEAS ON USE PROPOSALS
City Manager Netter advised that this item was carried over from the previous Council
meeting to enable consideration by the Community Outreach for Youth and Families
Commission (COYF). Mr. Netter signified that COYF held a Special Meeting last night
regarding PAL Building use proposals and reviewed the meeting minutes of same which
were distributed to Council. COYF discussed needs for the Outreach Center. There was a
suggestion to increase the space request to include an additional office for support
services, increasing size to 2400 sq. ft. for the space to include two meeting rooms,
Resource Coordinator's Office and two shared offices for the One Stop Shop. COYF
concluded to recommend proceeding forward with the current plans for the PAL Building
toward compatible efforts to include the Outreach Center, SCAYD and the Early Learning
Center, and to also include consideration of recreational needs in the design.
Discussion included Councilmember Linda Spiro referring to item #39 on Council
Communications regarding a letter from Alex Barajas, Student at mountain Shadows
Middle School, expressing concerns about the older youth having no place to go in our
community. Ms. Spiro recommended a letter response over the Mayor's signature and
referral of the student letter to COYF. Council concurred.
City Manager Netter responded to Council questions on potential possibilities of the total
project. He advised that timing is of the essence in this particular proposal, as the
potential users have a timeline for its operations. Consideration needs to be given to a rent
structure to cover basic costs, not for the purpose of additional revenues, but to enable
providing services to the community. Mr. Netter signified that Council was also provided
with a proposal from Coker Architects to work with the various groups to determine
necessary renovations to accommodate the combined needs. With Council's concurrence
to proceed, necessary lease agreements and other formal documents would be prepared for
Council consideration at the next Council meeting. Council concurred.
18. MAYORAL ROTATION SCHEDULE
City Manager Netter referred to the resolution prepared for this item based on Council's
recommendation and authorization at its meeting of February 23, 1999.
Resolution No:
99 -68 ESTABLISHING A POLICY OF ROTATION OF THE MAYORSHIP
A motion was made by Councilmember Flores, seconded by Councilmember Mackenzie,
to adopt Resolution No. 99 -68.
Discussion of the motion included:
• Councilmember Linda Spiro recommended changing item #3 listed in the resolution to
remove "alphabetical order" and change to "random chance selection ". She also
questioned the clarity of the election years 2000 and 2001.
• Councilmember Flores believed that Councilmember Mackenzie's presentation in terms
of the process and equity of City Council Members was well thought out and the outline
designated in the resolution provides clarity of rotation.
• Councilmember Mackenzie signified that prior to this meeting he had planned to respond
to Councilmember Spiro's previous statement, and recommended substituting the
alphabetical order and process of selection language to "random selection ".
Rohnert Park City Council Minutes (15} March 23,1999
Councilmember Mackenzie responded to Councilmember Spiro's second question and
signified that the next rotation would be throughout the year 2000 to December 2001, and
thereafter the same for each rotation at the end of each year to the end of each next year.
The items listed as I through 8 of the resolution satisfactorily indicate the process in
entirety. Though he had not originally developed this as a resolution, Mr. Mackenzie
signified that he was comfortable with the language of the resolution now that the
amendment has been made for the "random selection ".
• Mayor Reilly referred to the City Attorney's review regarding abstentions listed later on
the agenda and asked if he could abstain on the motion for this item. City Attorney Flitner
responded "yes ". Mayor Reilly signified that he would be abstaining for reasons
previously expressed, which included this is setting up something the next City Council
can decide not to do. It is nothing unusual for the Vice Mayor to rotate up into Mayor but
he did not want any false guarantees that it will happen as there can be exceptions.
• Councilmember Linda Spiro agreed with Mayor Reilly. She appreciated the change from
alphabetical selection to random selection and for that reason would be changing her
previous no vote on this item to abstaining.
The motion by Councilmember Flores, seconded by Councilmember Mackenzie, was
approved 3 -0 -2 with Councilmember Spiro and Mayor Reilly abstaining, including the
language amendment for changing the selection process from alphabetical to random,
reading was waived and Resolution No. 99 -68 was adopted.
19. MOBILE HOME PARK MATTERS:
1) Report from Mobile Home Park Committee (AF /JR)
2) Hillsboro Settlement Proposals
• Letter from 5 -Park Committee (March 14, 1999)
• Letter from Jonnie Perrot - 5 -Park Committee Report (March 9, 1999)
• Letter/Petition from Rancho Grande Residents (March 18, 1999)
Review and discussion of above items 1 & 2 for mobile home park matters proceeded as follows:
Councilmember Flores referred to his memo dated March 12, 1999 for this item and
reported that Mayor Reilly and he have been meeting with representatives of different
mobile home parks including recent meetings with Rancho Grande and Rancho Verde.
A meeting will be scheduled with the 5 Parks Committee and another meeting will be
scheduled with Valley Village GSMOL. Mr. Flores advised that the Council
Subcommittee's responsibility is to share information between the park owners/managers
and the park residents in the efforts toward compromise. The Council Subcommittee is
totally open to the comments of the residents and has received petitions from residents of
the mobile home park community, which has been distributed to the full Council for its
review and information. The Council Subcommittee expects to have its meetings
completed on the current concerns during the next month and will make its
recommendations to the full Council. Councilmember Flores expressed appreciation for
the participation of everyone involved in these efforts.
Mayor Reilly clarified that the City is proceeding with the appeal and is in the courts.. The
City Attorney has been told that the appeals have not been delayed while the Council
Subcommittee meets with the mobile home parks. This Subcommittee is simply bringing
to the park residents what the owners have proposed and the park residents may respond
ltohnert Park City Council Minutes {16} March 23,1999
in any way they please to that proposal. The Subcommittee will then simply report to the
full Council what the owners have proposed and what the residents have proposed to see if
there is any common ground. The Council Subcommittee is not negotiating any kind of
an agreement and is not the negotiators for either the park owners /managers or the park
residents, but is only sharing the information between both, and can be used by both to
share different points of view on this particular subject.
PUBLIC COMMENTS: Mayor Reilly opened the meeting for public comments related to this item.
Tom Woodcock, 195 Verde, GSOL President, Rancho Verde Mobile Home Park, referred
to appreciation expressed at the previous Council meeting to Councilmember Flores and
Mayor Reilly on behalf of the residents for listening to their comments responding to the
Subcommittee's communications with the park owners. Mr. Woodcock reviewed
concerns regarding the intent of the park owners to raise as much money as possible with
as little cost as possible. He shared that the owners should be asked questions like, what
have the park owners given back to the city; have they done business with our merchants;
or given time to our schools or our community? Mr. Woodcock noted that the monthly
charge for an average mobile home space is about $550, multiplied by 300 residents by 12
months equals a large sum, and if asked how much of that money do they deposit into our
banks in a year, the answer would be zero, as it all goes south. Once a year they come
before Rohnert Park's Mobile Home Park Rent Appeals Board, cup in hand, crying
poverty. They do not have to justify or open up their books to show the City who they do
business with. Mr. Woodcock indicated that the fundamental rule of being successful is to
put back into the community what you take out, but park owners ask for a lot and give
back very little in return, not only taking advantage of the mobile home park residents, but
of our city.
EXTEND COUNCIL MEETING: Upon motion by Councilmember Mackenzie, seconded by
Councilmember Flores, and unanimously approved, the meeting was extended past
10:00 p.m. to finish necessary agenda items.
Marty Grindahl, 204 Circulo Nuevo, commented on tonight's Council meeting that first,
the Chamber was packed with Canon Manor people, then citizens on the gun issues, and
now representatives of the mobile home park issues. Ms, Grindahl asked several
questions as follows:
• From the earlier closed session report, Ms. Grindahl understood that the Council
instructed the City Attorney to proceed with the case and asked, are we now going to
actually get this on the calendar with the Ninth Circuit? - City Attorney Flitner
responded that we have not lost the calendar spot, but what we did lose was the
briefing spot. He explained that the court selects the calendar spots and understood
that the case will be on the calendar sometime in June to be heard, and has been
retained for June since the date was first selected.
• Ms. Grindahl referred to the six items being considered and asked if an amount had
been given on the major item regarding the increase in rents at Rancho C- rande?
Councilmember Flores responded that a generaUballpark figure has been indicated of
about $100 average less than other parks. He acknowledged receiving notes from both
Ms. Grindahl and Jonnie Perrot, and although the Council Subcommittee of Mayor
Reilly and he are not hesitant with making their recommendations, they would do that
when the matter comes before the City Council.
Rohnert Park City Council Minutes (17) March 23 1999
• Ms. Grindahl asked if the Council Subcommittee would be submitting a written
proposal in advance to the 5 Parks Committee before making its recommendation to
the full Council. - Councilmember Flores responded that the Council Subcommittee
could not agree to that, but it is basically the designated six issues they have reviewed.
• Ms. Grindahl understood that City Attorney Flitner will be leaving and asked about
continued representation. - Mayor Reilly responded that City Attorney Flitner will be
leaving but will be helping to handle the case and there will be another attorney to take
over when he leaves.
• Ms. Grindahl expressed concern regarding the mobile home expenditures and that
some are over $20,000 which depreciates the property of the senior citizens who either
have to sell or the costs go to the buyer. Some have property going into ten year
leases and some will be leases forever. - Mayor Reilly asked the City Attorney how
long have we had the court date? - City Attorney Flitner responded that the appeal
was filed and no delays were requested so understood it was about a year to eighteen
months. - Mayor Reilly indicated that no court dates have been delayed or lost and
the same appeal court date is still on track. There were a couple of issues that we
delayed only during settlement discussions, but that has not changed the court date,
• Ms. Grindahl referred to the preceding comments as being good news. With the above
information that the increase in rents may be around $100, since the owners were
referring to an amount of $160, they can prepare the park residents for the visit with
the Council Subcommittee. - Mayor Reilly suggested that they not think so much on
the amount, as the Subcommittee would prefer to know the proposal of the park
residents on the issue.
• Ms. Grindahl agreed that now they can discuss with the park residents how they feel
about any kind of increase.
3) Valley Village vs. City of Rohnert Park Rent Appeals Board
(Kolm Tenant Petition 95 -01)
• Letter and request from Jonnie Perrot (March 9, 1999)
City Manager Netter explained that the above referenced items were provided to Council for
review and consideration of a response to Ms. Perrot's letter requesting the Council to direct
the City Attorney to proceed with efforts to put on the calendar for appeals the recently
dismissed Rancho Grande resident appeal. - City Attorney Flitner explained that the recent
Superior Court action for this item resulted in dismissal. He reviewed aspects related to
defending the City and real party interests and concluded with the position that if the City
did not intervene on behalf of Rancho Grande, it did not seem appropriate to intervene on
behalf of Mr. Kolm. Mr. Flitner did not think the City should take the position of either the
owners or residents unless otherwise directed by the City Council. City Attorney Flitner
responded to Council question with reference to Valley Village and Mr. Kolm, that this was
one of two reports he had not finished and planned to provide at the next Council meeting of
April 13th, and would include presenting the settlement offer they have made. City
Attorney Flitner advised that the City is not going to stand in the way of Mr. Kolm
accepting the settlement offer if he wants to do so, but clarified that the City has not agreed
to any settlement in the Kolm case. Hopefully, this and the other mobile home park matters
can be resolved pending the June court date to either litigate or resolve some of these issues.
Rohnert Park City Council Minutes (18) March 23,1999
20. PLANNING AND ZONING MATTER:
• Wilfred/Dowdell Specific Plan - Staff report and update
Planning & Community Development Director Wendie Schulenburg referred to plans on
display and reviewed the staff report provided to Council with a slide presentation
illustrating concept plans for the Wilfred /Dowdell Specific Plan. The project area is
comprised of eight separate parcels, one of which is located directly south of the Home
Depot and north of Wilfred Avenue, and the remaining seven are located south of Wilfred
Avenue and east of Dowdell Avenue. Both the administrative draft specific plan
document and the environmental impact report have been submitted and are under staff
review. Staff anticipates that the draft copies will be available for public review by the
middle of April. Ms. Schulenburg plans to meet with the LAFCO Board informally in
May to summarize the project and present the specific plan and EIR. The public hearing
process is also expected to start in May. Planning Director Schulenburg responded to
Council questions which included responses to letter dated February 25, 1999 from Tom
and Helen Roberts requesting additions and changes after participating in a review of the
proposed plan presented to property owners on February 4, 1999.
Vice Mayor Vidak- Martinez left the chamber during this review at approximately 10:42 p.m. and
returned at approximately 10:45 p.m.
PUBLIC COMMENTS:
Mayor Reilly opened the meeting to receive public comments related to this item.
Jim Olmsted, 2855 Laguna Road, Santa Rosa, Planning Consultant for Donna and Greg
Sheham, southern property owners of the above - reviewed vicinity, indicated that they are
generally supportive of the proposed plan, but do have some concerns. Mr. Olmsted
reviewed reasons for retaining flexibility in the use of buildings, since it may be some
time for properties to develop, and to consider equitable sharing of parking in both the
southern and northern areas.
Tom Roberts, 4649 Dowdell Avenue, reviewed changes recommended in his above -
referenced letter dated February 25, 1999 which included (1) to allow 10 acre
development south of Wilfred and north of Willis Avenue for region serving retail,
cinema, hotel, gas station, restaurants. etc, on the Roberts, Grenz, Tesconi, and Eandi
properties and Willis Avenue to be 30 feet wide; (2) continue to have ingress and egress
opening onto Redwood Drive north of new 76 station per Resolution 92 -164 to serve the
10 acres; and (3) delete Main Street and core area development concepts.
Councilmember Mackenzie commended the proposed plan as presented by Planning and
Community Development Director Schulenburg this evening which addresses community
development, as well as specific plan. Though he believed there will be a very difficult
road ahead of us to deal with LAFCO, this proposal will clearly set the tone for further
discussion with LAFCO over the next several years. He was pleased with the proposed
plan as it could be something to take to LAFCO with pride. Councilmember Mackenzie
extended best wishes for continued successful discussions and negotiations.
In response to Council request, Planning Director Schulenburg provided further responses
12ohnert Park City Council Minutes (19) March 23, 1999
to questions presented by Mr. Roberts which included explanation that parking space is
going to be limited by square footage and parking will be the overriding issue in terms of
equitable sharing. The area will be considered as a whole and not parcel by parcel and
will be equitable in terms of the entire plan. A great range of uses has been added and
efforts will basically involve two processes. One is the specific plan amendment which is
treated like a re -zone. The other is a precise plan amendment which is a much easier
process and minor in nature and will have the ability to adjust to marketable conditions.
Mr. Robert's point on the access is understandable, but there will be acceleration lanes on
both of the designated access points, and putting in another access point would be difficult
without overtaxing the site plan. The five acres of adjacent existing development stands
on its own and all 20 acres to the south are needed for that development to work,
Mayor Reilly indicated comments for the land owners, that with consideration of aspects of
the General Plan, as well as the community separator and,
the reality is how to change it and make it fair. Mayor Reilly shared
that he thought this plan may work. He did not expect LAFCO to give a lot of leeway
and Canon Manor representatives will be raising concerns, so staff will have to consider
details thoroughly.
*C O R R E C T 10 N ABOVE from 4/13/99 City Council meeting: Per Mayor Reilly (deletion lined out)
21. COUNCIL. YEAR 2000 PROJECT — Matters related to the General Plan process
• General Plan Oversight Committee update (VVM/JM)
Vice Mayor Vicki Vidak - Martinez reported that results of the recent public participation
on the General Plan Process have been collated with three options beginning to develop to
present to the Joint City Council/Planning Commission Public Meeting on March 30th.
Their next Ad Hoc Oversight Committee meeting is tomorrow morning at 7:30 a.m.
Councilmember Mackenzie added that the March 30th Public Meeting to be held at the
Community Center has three components beginning with an open house from 5 -7:00 p.m.
Then the Joint Public Meeting will begin at 7:00 p.m. for review of considerations based
on input from the recent Sounding Board Sessions that the Ad Hoc Oversight Committee
has been having, and which hopefully reflects concerns of the community. Citizens will
be able to review results of efforts to date, take notes and/or make comments at the
Joint City Council & Planning Commission Public Meeting on March 30th which is a
non - decision making meeting.
22. LIBRARY ARCHITECT SELECTION
• Council Subcommittee report (AF /VVM)
re. Results of Architect Selection Screening Committee review
Councilmember Member Flores reported on the all day seminar held on March 13, 1999
for this item was he attended with Vice Mayor Vidak - Martinez, City Manager Netter, City
Engineer Gaffney, Planning Director Schulenburg and Mrs. Lynne Conde, Chairperson of
the Citizens Steering Committee for the New Library, and others. The Committee selected
five well - qualified firms for consideration. The next step is to present the proposals to the
full City Council. The Library Consultant, David Sabsay, will provide insights and share
recommendations to the City Council and staff to provide the additional opportunity to
reflect on the options to consider. Councilmember Flores requested that the City Council
proceed with the schedule that was previously presented and recommended scheduling the
meeting on April 27th at 3:00 p.m. to review the architectural firms.
iohnert Park City Council Minutes (20) March 23,1999
Vice Mayor Vicki Vidak - Martinez referred to notes provided to Council for the Library
Architect Screening Committee meeting of March 13, 1999 which resulted in responses to
the following three questions: (1) What were the reactions to what you saw? (2) What
did these individuals focus on in these proposals? (3) What should the Council ask or
focus on with these firms? The meeting notes reflect the responses to those questions.
Discussion included considerations to change the date for Council to review the
architectural firms from the April 27th date to start at 3:00 p.m., which would required the
regular City Council meeting of the same date to start at 8:20 p.m. Discussion concluded
in Council concurrence to change the date for the architectural firm reviews by the City
Council to 4:30 p.m., Monday, April 26, 1999.
23. COUNCIL COMMITTEE & /OR OTHER REPORTS:
® Mayors' & Councilmembers' Association General Membership 3/11/99 meeting (LS)
Councilmember Linda Spiro indicated that the City Manager has the details of this
meeting available. They approved all the items previously signified by Council including
the proposed changes to the by -laws. City Manager Netter advised that the Sonoma
County Board of Supervisors appointed Eric Ziedrich from Healdsburg to the Golden
Gate Bridge, Highway and Transportation District. The City Selection Committee will be
considering interest in other appointments as follows: Bay Area Air Quality Board,
Airport Land Use, and LAFCO. Mayor Reilly noted that any suggestions for these
appointments need to be provided to him before the next meeting, which will be in May.
24. 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) Councilmember Linda Spiro referred to item #35 on Council Communications reporting on
the Chili Cook Off to benefit the Education Foundation and commended last year's efforts.
2) Councilmember Spiro referred to item #37 on Council Communications from Kari
Sampietro regarding consideration of code enforcement officers. Ms. Spiro brought
attention to the fourth paragraph of this letter recommending city ordinances forbidding
boats, trailers, RV's and unregistered vehicles on home sites like other cities have adopted
to improve the aesthetic value of neighborhoods. Ms. Spiro suggested retaining this letter
for further review with current considerations for the city.
3) Councilmember Spiro referred to item #39 on Council Communications from Student Alex
Barajas regarding community youth activities and noted that this letter was mentioned
earlier this evening,
4) Councilmember Spiro referred to a previous letter she sent to the Governor recommending
an approval to CalTrans and commented that the recent response received seemed to
indicate that we were the ones that created the problem which she thought was a very
defensive posture.
5) City Manager Netter brought attention to item #16 on Council Communications from
AAU Pacific Association Girls Basketball requesting sponsorship funds. Council
concurred this letter request should be referred to the Parks and Recreation Commission
for review and recommendation.
Rohnert Park City Council Minutes (21) March 23, 1999
25. MATTERS FROM/FOR COUNCIL:
1) National League of Cities meeting (VVM)
Vice Mayor Vicki Vidak- Martinez indicated that she provided her *notes ap ckets to Council
on the National League of Cities Conference she attended recently in Washington, D.C.
CO R R E C T 10 N ABOVE from 4/13/99 City Council meeting: Per Vice Mayor Vidak - Martinez (deletion lined out/addition underlined)
2) Orchestra Sonoma Guild (JM)
Councilmember Mackenzie referred to the letter of March 8, 1999 provided to Council
from this item and expressed the desire for Orchestra Sonoma to continue to perform at
the Spreckels Performing Arts Center for the 1999/2000 season. Mr. Mackenzie signified
the interest to return to this topic prior to the opening of next year's season (in October) as
he would like to formally invite elected city officials from Petaluma, Sebastopol and
Sonoma to next year's season.
3) Sonoma County Board of Supervisors televised meetings - videos available
City Manager Netter explained this letter dated March 9, 1999, asking about interest to
participate in the funding of the recording of these meetings. The consideration of
splitting the cost equally between the nine Sonoma County cities and the county would be
$7.50 per meeting. No interest was indicated by Council.
4) First Night Santa Rosa/Millenium Workshop , Wed., Apr. 14, 1999, 44p.m., and Sat.,
Apr. 17, 1999, 10:a.m.- 1:p.m., Cultural Arts Council of Sonoma County, 602 Wilson St.,
Railroad Square, Santa Rosa - - Mayor Reilly announced this item.
5) League of Calif. Cities, City Council -City Manager Leadership Team Workshop, Wed. -Fri.,
June 2 -4, 1999, Pines Resort on Bass Lake (east of Merced, Ca.)
Mayor Reilly announced this item.
6) Proposed Budget Worksession Dates (after City Council survey)
Per memorandum from City Manager Netter, Council concurred with finalized dates for
BUDGET WORK SESSIONS
Saturday May 8, 1999 9 :00 - 11:30 a.m.
Saturday May 15, 1999 9:00 - 11:30 a.m.
Thursday May 27, 1999 6:00 - 8:00 p.m.
7) 1999 -2000 City Council Joint Meetings
City Manager Netter advised deferral of this item.
8) Establish Council Committees for Library Project and City Hall Project
Councilmember Flores referred to progress of the library project and recommended
appointing two Councilmembers to work with the architect selected for the library, and
also, to appoint a two - member Council Committee for the City Hall Project.
Councilmember Flores and Vice Mayor Vidak- Martinez volunteered for the Library
Project Committee. Council concurred.
Councilmember Mackenzie and Councilmember Spiro volunteered for the City Hall
Project Council Committee. Council concurred.
I.Rohnert Park City Council Minutes (22) March 23,1999
26, CITY MANAGER'S REPORT:
1) RV's Boats Trailers parking/ storage - update
City Manager Netter advised that the survey for this item should be completed for review
at the next Council meeting.
2) Convention Center Study-- update
City Manager Netter advised that the draft report was received for this item and
recommended designating Councilmembers to meet and review the draft. With each
Councilmember indicating interest to be designated, Mayor Reilly responded that the
Mayor and Vice Mayor would meet with the City Manager to review the draft report.
3) RFP's for City Attorney Services - update
City Manager Netter referred to the information provided to Council for this item and
advised that the final closing date is this Friday, March 26, 1999,
4) Electronic Media Use Policy - update
City Manager Netter reviewed the staff report from Personnel Manager Pamala Robbins
for this item responding to previous request by Council for minor language revisions.
With Council concurrence, the revised document will be sent to the employee bargaining
units for review prior to final presentation to Council for adoption. Councilmember
Mackenzie provided EPA's policy on personnel using government facilities to the City
Attorney to review as a comparison for the City.
5) Dent, Head Team Building Retreat 3/11 -12/99 Marconi Center review
City Manager Netter reported on the beneficial aspects of this Marconi Retreat for the
Senior Managers and signified that it may become an annual event.
6) Golf Course Committee meeting
City Manager Netter asked if the Council Committee for the Golf Course would be able to
meet sometime soon. Council Committee Members Flores and Spiro signified they could
meet Wednesday, April 14, 1999, and requested staff to be sure everyone is notified.
ADDITIONAL MATTERS FROM COUNCIL:
1) Senior Citizens Advisory Commission meeting
Councilmember Linda Spiro reported on the recent meeting of the Senior Citizens
Advisory Commission. They had a very good meeting with acknowledgment of receiving
a couple of awards. One for the Mural Project and another that will be presented later from
AARP to the Professional Staff at the Senior Center for being a Quality Tax -Aide Site.
There was discussion about scheduling the joint meeting with the City Council with the
indication that daylight hours would be better unless the City can provide the seniors with
transportation. Concern was expressed about the Elder Abuse Forum last Wednesday and
Public Safety participation. Councilmember Spiro reported on the successful financial
report for the Senior Center with income from January events alone totaling $2,628.
Another $323 was received from a recent clothing sale, and additional efforts from
donations in the baking area is a substantial savings.
Rohnert Park City Council Minutes (23) March 23,1999
2) Water Quality Control Board meeting
Councilmember Linda Spiro advised that she attended the recent Water Quality Control
Board meeting. They will be notifying all of the councils interested in participating in the
Geysers of a day planned for a bus trip to the Geysers.
3) Senior Dances /Condition of floors at Community Center
Mayor Reilly requested staff to check on the condition of the floors at the Community
Center as there were concerns expressed from seniors holding dances at this location that
groups having events the previous night do not properly clean up and feet stick to the floor.
27. CITY ATTORNEY'S REPORT:
1) Any items from closed session
City Attorney Flitner advised that the Mayor's report on this item was sufficient.
2) Review /consider support for SB758 re. Attorney ees
City Attorney Flitner advised deferral of this item to check on some questions he has
heard about fees.
3) Analysis re. Rancho Feliz Mobile Home Community - Towing of Vehicles
City Attorney Flitner advised deferral of this item.
4) Brown Act requirements re. Public Speaker I.D.
City Attorney Flitner advised that his memorandum dated March 23, 1999, responding to
previous request from the City Manager, was distributed to Council. He did not believe
that public meetings could have sign up sheets, but did believe public meetings can have
citizens identify themselves when they get up to speak. He did not think the City's current
rules were unreasonable.
5) Abstention in Council decision - rules and application
City Attorney Flitner advised that his memorandum dated March 23, 1999 was distributed
to Council for this item, in response to previous request from Vice Mayor Vidak - Martinez.
He explained that if only three members are present, and if an action requires three votes
for approval, then an abstention would affect the vote but, on planning items,
Councilmembers cannot use an abstention to take away from a quorum and the abstention
could not be counted as a no vote.
28. UNSCHEDULED PUBLIC APPEARANCES:
Mayor Reilly asked if there were any additional unscheduled public appearances at this
time. No one responded.
29. ADJOURNMENT: There being no further business, Mayor Reilly adjourned the meeting at
approximately .11:32 p.m. to 7:00 p. m., Tuesday, March 30, 1999, at the Community
Center, 5401 Snyder Lane, Rohnert Park, Ca., for a Joint City Council and Planning
Commission Public Meeting for the City's General Plan Review Process.
Ju auf eputy Clerk Ja s J. Reilly, Jr., Mayor
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