1999/04/13 City Council MinutesRohnert Park City Council Minutes
April 13, 1999
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.
Prior to convening the regular session, the Council conducted its Review of Record of the
Grievance Appeals Committee regarding Public Safety Officer David Stager's Request for Law
School Reimbursement.
City Attorney briefed the Council on the grievance review procedures and noted that the
Council authority as outlined in City Policy is to affirm, reverse, modify, or refer the
appeal back to the Grievance Appeals Committee.
City Attorney reported that the Grievance Appeals Committee ruled in favor of Officer
Stager for payment of Law School classes. However, he stated that the City Manager has
requested Council's review as it is an expenditure of funds and doesn't feel the record
supported the decision. City Attorney stated that the Council must make the final ruling
pointing out that the Council has the authority to authorize expenditures.
Council Discussion and Comments: Mayor Reilly called for discussion and comments
of Councilmembers:
Councilmember Mackenzie posed question regarding the role of the Council as a court of
review, and what the function of the Council would be in this capacity. City Attorney
briefly outlined the Councils rights stating that the Council has the right to review the
records, and to determine whether the reimbursement is justified. City Attorney stated,
however, that the burden of proof is with the applicant.
Councilmember Mackenzie asked if the Council was required to write a review or just
make statements. Attorney stated that it is important to cite reasons for belief or position
and that the reasons and beliefs should be noted for the meeting record. Essentially, City
Attorney stated that the Council should justify its findings.
Councilmember Flores stated that the situation is complex and not clear -cut on either
position. He summarized his analysis of information; 1) intent of Memorandum of
Understanding (MOU) as it relates to policy governing reimbursement for educational
classes. In good faith effort to carry out MOU, problem with law courses is that they are
Rohnert k City Council Minutes 13,1999::::!
not related to a Law Enforcement Officer. MOU clearly states that accepted courses are
pre- approved by Supervisor, City Manager, and the request is then approved on City
forms. Councilmember Flores noted that these steps did not occur. However,
Councilmember Flores feels that it would be reasonable to agree on a compromise.
Councilmember Flores suggested that the Council recommend a specific amount for Mr.
Stager that recognizes commitment on part of both parties.
Councilmember Mackenzie stated that he finds that in fact there could be some
justificatioti for some settlements, or compromise for the record, Councilmemiber
Mackenzie stated that he did not believe that the proper course was followed in the
agreement. Councilmember Mackenzie noted that he was not inclined to disagree with the
City Manager's arguments. Councilmember Mackenzie further stated however, that he is
inclined to agree that parts of the law are important for City officials to be familiar with,
and that taking some law courses can assist an officer in carrying out some of his duties.
Nevertheless, Councilmember Mackenzie stated that it is important to follow the correct
procedures. Councilmember Mackenzie stated that he does not believe that the City
Council has ever agreed that it was appropriate for the City Manager to approve the
obtaining of a law degree at the City's expense while an Officer is taking courses that may
or may not be helpful. Essentially, Councilmember Mackenzie stated that he did not
believe that approval is within the scope of the Memorandum of Understanding (MOU).
He suggested that the Council review courses that may be related to the duties of a Police
Officer,
Councilmember Flores suggested that the Council approve reimbursement in the amount
of $5,000.
Vice -Mayor Vidak- Martinez, commented that she was in favor of affirming the decision of
the Grievance Appeals Committee decision. Councilmember Vidak - Martinez stated that
she feels that all of the Committee arguments are in the record and the decision should be
affirmed. She noted that because of the lack of documentation, there might be a need to
tighten the language in policies, procedures and definitions by looking more closely in the
future. However, Councilmember Vidak- Martinez stated that she feels that there is merit
to the grievance and that she would affirm the Grievance Appeals Committee's decision.
Councilmember Spiro expressed concerns about setting a precedent. Requested assurance
from City Attorney that if that decision be made, will we be setting a precedent for future
actions. Councilmember Spiro stated that she would have a problem with it, as it is not,
just a money issue.
City Attorney stated that yes it does set a precedent if you do elect to pay all or part of it.
He noted that there should be instructions to re- examine and re- formulate, if. necessary,
the rules and regulations for reimbursement for classes or courses. There may be a need
for clearer definitions and policies.
Mayor Reilly, stated after review of minutes /evidence: 1) rule l Ob outlining what Council
is supposed to do; 2) MOU: stuck on prior approval of classes and 3) formal grievance
form, under item 4 and 5, Officer Stager states that non - compliance with MOU that CM
Rohnert Park City Council Minutes (3) April 13,1999
denied prior approval, noting that there was denial prior to taking courses. Feels appeal
should have been made at that time. Complaint was that denial was in bad faith (MOU)
only state criteria for denial as only needing prior approval. He noted that his immediate
supervisor told Officer Stager at the time that the City Manager did not approve the law
school classes. Mayor Reilly stated that he feels to award any reimbursement for
previously denied courses or classes would not be keeping within MOU. Stated he would
vote to reverse based on prior denial as stated in the MOU.
Motion: Councilmember Flores moved to award Officer Stager with $5,000. Councilmember
Mackenzie seconded the motion: Mayor Reilly called for a roll call vote.
Roll Call vote: Flores (Yes); Mackenzie (Yes); Spiro (No); Vidak- Martinez (No); Reilly (No)
Motion failed.
Motion: Councilmember Vidak - Martinez moved to affirm the decision of the Grievance Appeals
Committee.
(Due to the lack of a second to the motion, the motion died)
Motion: Councilmember Spiro moved to reverse the decision of the Grievance Appeals
Committee, and deny the reimbursement of Law School classes, (based on the finding that the
record did not support the decision of the Grievance Appeals Committee). The motion was
seconded by Councilmember Mackenzie.
Mayor Reilly called for a roll call vote:
Flores (No), Mackenzie: (Yes); Spiro (Yes); Vidak - Martinez (No); Reilly (Yes)
Motion to reverse decision of the Grievance Appeals Committee passed by a 3. to 2 vote.
CALL TO ORDER: Mayor Reilly called the regular session to order at approximately 7:30 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,
Fire commander Bob Cassel
1. CLOSED SESSION: Mayor Reilly reported on the closed session which commenced
this evening at 6:00 p.m. to discuss matters listed on the agenda attachment, representing
an update. No action was taken at this time.
City Attorney Flitner reported that discussions are ongoing regarding the Hudson -
Litigation: matter. Regarding the Fire Services Litigation, City Attorney is suggesting
move on with Court of Appeals as soon as possible.
Rohnert :Park City Council Minutes C4) April 13,1999;;:;
2. APPROVAL OF MINUTES: Corrections to the previous meeting minutes of March 23,
1999 were made by Council and signified on original set of minutes.
Upon motion by Councilmember Spiro, seconded by Councilmember Vidak - Martinez, the
minutes of March 23, 1999 and March 30, 1999 were approved as amended.
3 APPROVAL OF BILLS: Upon motion by Vice Mayor Vidak- Martinez, seconded by
Councilmember Spiro, City bills presented per the attached list in the amount of
$ 1,449,245.23. Councilmember Spiro requested that staff identify specifically on what the
City is spending money with Crane and Sons Plumbers since it is not a Rohnert Park
company.
4. ADDING NON- AGENDAED MATTERS: Mayor, Reilly asked Councilmembers or
staff if there were any non - agendaed items or informational items to add to the agenda.
Councilmember Spiro signified two items: 1) under miscellaneous, at grade crossing, and
2) brick memorial. Councilmember Flores signified one item: a report from Mobile Home
Parks Committee; and Councilmember Mackenzie requested to honor two volunteers from
the Volunteer- Center of Sonoma County at the next meeting and also requested to include
on the next agenda, discussion of the Campaign Finance Ordinance.
5. MAYOR'S PRESENTATIONS:
Mayor Reilly read Resolution #99 -66
1) In memory of Elizabeth Condiotti in tribute to her valuable
contribution to the community, a resolution was read to the
family.
Mr. Dan Condotti accepted the resolution and gave sincere thanks, on behalf of
his family.
Mayor Reilly displayed and read an award presented to the Senior Center and
presented the award to three of the Senior Center's Profession Staff, Program
Specialist Wendy A udiss, Senior Programs Assrstant Vick-1 Wilkerson, and
Assistant Administrator Berni Altman. Mayor Reilly noted that the award was
awarded in recognition of the site's professional staff and for being a quality
AARP (American Association of Retired Persons) tax -aide site. Councilmember
noted that only 2 other Senior Centers in Northern California were selected for
this honor. Further, Mayor Reilly stated that 456 residents were provided
assistance with their 1997 tax preparation by the Center.
6. YOUTH CITY COUNCIL REPRESENTATIVES
From High School 1998 -99 Youth of the Year Program
1) Mayor Reilly acknowledged Jessica Batacao, Youth Representative. She
reported that Rohnert Park schools reconvene tomorrow after Spring break.
She stated that Seniors are excited about graduation and college acceptance
Rohnert Park City Council Minutes (5) April�`���
letters, noting that many of the students will be attending four (4) year
Universities with 1 going to Stanford. She further reported that statewide
testing starts next week. Jessica informed the Council that the High School
Baseball team tied for 5`" in their league.
Mayor Reilly congratulated youth in community for their accomplishments.
7. SONOMA STATE UNIVERSITY ASSOCIATED STUDENT
REPRESENTATIVE
No representative was present at the meeting.
8. SCHEDULED PUBLIC APPEARANCES:
Ed Grossi of Grossi Farms and Mr. Howard shared information on the upcoming, "Hot
Air Balloons" event scheduled for Saturday and Sunday, June 26 & 27 at Grossi Farms in
Penngrove. Mr. Howard elaborated that the event will sponsor a family- oriented kid -
focused balloon festival. Mr. Grossi noted that the theme for the event would be "Hot Air
Balloons on the Farm ". Proposing an early morning event, a hayride will be included;
coffee /snacks. Mr. Grossi informed the Council that donations from the event would go
to a home that works with HIV positive kids. Mr. Grossi requested Council support and
appropriation in the amount of $2,500.00.
Councilmember Spiro requested that the item be agendaed for the next meeting.
Councilmember Spiro voiced support and enthusiasm for the event.
Councilmember Flores requested that staff report on insights of the event and inform
the Council on the final funding amount awarded for the event.
9. UNSCHEDULED PUBLIC APPEARANCES: In compliance with State Law (The
Brown Act), Mayor Reilly announced that citizens wishing to make a comment could do
so at this time (limited to 4 minutes per appearance).
1) Mr, Kent Griffiths, 106 Estrella Drive, addressed the Junk Guns Ban Ordinance
stated that he was in favor of "freedom for the people ". He went on to summarize
the requirements to change constitution. He commented that there are increasing
numbers of lawbreakers. In closing, he stated that he hopes that the Junk Gun Ban
Ordinance, which penalizes law- abiding citizens, will be voted down.
2) Hertzel Harrison, 4413 Hamlot Ct, commended and gave special recognition of
Vicki Wilkerson of the Rohnert Park Senior Center for her social events. He
stated that the inspirational contributions that her efforts give to him as a senior
citizen and others are invaluable.
3) Eve Fogel, 2349 Sundance St., Santa Rosa spoke in opposition to the Junk Gun
Ban stating as primary reason why citizens need guns is to deter criminals from
committing crimes.
Rohnert;Park City ' ouncik Minutes i�1 Aprik 13,1999;1
4) Irma Wilmot, 336 Firethorn Drive, thanked the Council for the opportunity to
speak in support for an additional indoor swimming pool as an addition to sports
complex. She stressed the need for a pool that provides shelter. Ms. Wilmot
presented a petition from residents with 500 -600 signatures in favor of the
construction of the pool. She further feels that the pool will attract more members
to the Sports Center.
5) Pete Robertson, 72 Regents Circle, expressed concern that the City Council and
staff did not sufficiently investigate or research the language in the Ordinance.
Need to look more carefully at guns that are listed to be banned.
6) John Hudson, 399 Bonnie Ave, spoke regarding items on Consent Calendar 1)
billing process for utility would like to see guarantee of savings to City: 2) water -
rate study: currently challenging rate increase in court, 3) plan to put in water
heaters in Rohnert Park. Does not feel we should meter our own water.
7) Peter Patrakis, 590 Fano Lane spoke in opposition to the Ordinance banning the
sale of junk guns. He stated that he spoke on behalf of working poor and children
urging the Council not to adopt gun ban. Mr. Patrakis feels that the ban would
increase crime, as well as prevent residents from protecting their families. He
stated that if the Ordinance were adopted, Rohnert Park would be subject to many
lawsuits. Stated guns listed are used by police officers. Mr. Patrakis provided the
Council with a written report.
C O R R E C T1 O N BELOW from 4/27/99 City Council Meeting: Per Mayor Reilly (deletion lined out/addition underlined)
8) Mr. Clayton *Cr-amps Cramer, 6087 Dinah Ct, stated that he feels that the
Criminal Justice System is not very serious about keeping guns out of the hands of
criminals. He stated that the Ordinance makes no sense, and stressed the need to
kill the Ordinance.
9) George Barkey, 176 W. Cotati Oaks Ct., started that he was alarmed about the
Gun Ban Ordinance, and of certain products that are easily accessible can get in
the wrong hands.
10) Mr. Ronald Kennemer, 1911 Cooper Drive, spoke in opposition of the Gun Ban
Ordinance, stating that it should not be adopted.
11. Mr. Dan Stephens, 7365 Coras Court, also addressed the Junk Gun Ordinance
stating that if certain guns are not available to citizens, they should not be available
to police officers.
12) Mr. William Pisenti, 4975 Bennet Vally Road, Santa Rosa, spoke as an Ethnic
American, noting that he felt that a number of ethnic Albanians situations could
have been changed if they had an opportunity to possess junk guns. In reflecting
on junk guns, Mr. Pisenti stated that the Council should realize we are making
them less available, and preventing a helpless woman from protecting herself
against violence. He also stated that it has been proven that in areas where citizens
have weapons, crime has decreased. Feels passing of this Ordinance would be
detrimental to the City of Rohnert Park.
Rohnert Park City Couneii Minutes {�) Aprtl 13,99'
12. PROHIBITING THE SALE OF JUNK GUNS
(Mayor Reilly requested that item #12 on the agenda be handled at this time)
Mayor Reilly clarified that the Ordinance is not a ban of junk guns, but rather a ban on the sale for
those for licensed firearm dealers to sell in Rohnert Park.
Upon motion made by Councilmember Mackenzie, seconded by Councilmember Spiro, to adopt
Ordinance #647.
Council Member Flores expressed concern regarding the need to pass the Ordinance since
someone could go to Cotati or other places to purchase such weapons. He questioned the merit
of passing the Ordinance.
Vice- MayorVidak- Martinez commented that she was not in favor of symbolic law. She stressed
the need to pass laws that are more relevant to the community. She stated further that she does
not see a problem with the identified guns in this community. Councilmember Vidak- Martinez
stated that she does not support the adoption of Ordinance #647.
Councilmember Spiro stated that she has not heard residents expressing that they want to be able
to *car -fy buX these weapons, and that she will support the adoption of the Ordinance. She
pointed out that the Ordinance is not denying anyone right to bear firearms.
,C O R R E C T 10 N ABOVE from 4/27/99 City Council meeting: Per Councilmember Linda Spiro (deletion lined out/addition underlined)
Councilmember Mackenzie noted that the City has every right to regulate the sale of firearms in
the community, and that we should exercise this right. Councilmember Mackenzie further stated
that after review of the Resolution, he feels that sales the should be prohibited in the City.
Mayor Reilly pointed out that the Ordinance merely bans firearm dealers from selling
firearms in this community, and, he supports the motions.
Upon a motion made by Councilmember Mackenzie, seconded by Councilmember Spiro, with
Councilmembers Vidak- Martinez and Flores opposing, Ordinance #647 was adopted by a
3 - 2vote.
10. CONSENT CALENDAR
Mayor Reilly asked if there were any questions regarding matters on the Consent
Calendar which were explained in the City Manager's Council Meeting Memo.
The following Resolutions were pulled from the Consent Calendar for further
discussion: 99 -74; 99 -75; 99 -76; and, 99 -77.
City Manager /Clerk acknowledged posting of meeting's agenda.
Mayor Reilly read the titles of items other than those pulled, listed on the Consent
Calendar.
Rohnert Park City Coupc�l Minutes (g} Apn1.13,1999!
Resolution Nos.
99 -69 RECOGNIZING APRIL 18 -24, 1999 AS NATIONAL VOLUNTEER
REOCGNITION WEEK
99 -70 PROCLAIMING THURS., APRIL 22, 1999 "TAKE YOUR DAUGHTERS TO
WORK DAY"
99 -71 DESIGNATING THE WEEK OF APRIL 22" AS RECYCLING
AWARENESS WEEK AND FRIDAY, APRIL 23rd AS CLEAN YOUR FILES
AND RECYCLE PAPER DAY IN COMMEMORATION OF EARTH DAY
99 -72 AUTHORIZING AND APPROVING AN AGREEMENT ARCHITECTURAL
SERVICES (WITH COKER ARCHITECTS FOR PAL BUILDING
INTERIOR REMODELING)
99 -73 APPROVING APPLICATION FOR FEDERAL TRANSPORTATION FUNDS
99 -78 CALLING FOR SEALED PROPOSALS FOR COPELAND CREEK BIKE
PATH OVERLAY, PROJECT NO. 1998 -7
99 -79 CALLING FOR SEALED PROPOSALS FOR A REPLACEMENT DUMP
TRUCK FOR THE DEPARTMENT OF PUBLIC WORKS
99 -80 CALLING FOR SEALED PROPOSALS FOR A TRUCK SERVICE BODY
WITH AUTOMATIC LIFT AND AUTOMATIC CRANE FOR PUBLIC
WORKS WATER DIVISION
99 -81 CALLING FOR SEALED PROPOSALS FOR PURCHASE OF SLIDE
GRATES AT PUMP STATION
99 -82 CALLING FOR SEALED PROPOSALS FOR RESURFACING OF TENNIS
COURTS AT DOROTEA PARK AND LADYBUG PARK
99 -83 EXTENDING THE BID OPENING FOR WEATHER PROTECTION
ENCLOSURES FOR DOG ROOMS AT ROHNERT PARK ANIMAL
SHELTER
Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, with the
exceptions of Resolutions Nos. 99 -74, 99 -75, 99 -76 and 99 -77, the Consent Calendar as otherwise
outlined was unanimously approved.
Discussion on Pulled Resolutions
95474 APPROVING CO ^vPEIZATiVE AGREEMENT WIT H SON0YMA COUN T`,' WATER
AGENCY FOR A WATER METER PROGRAM STUDY
Mayor Reilly stated that he would not support this Ordinance.
Upon motion made by Councilmember Spiro, seconded by Vice -Mayor Vidak- Martinez, the
Council adopted Resolution #99 -74 by a 4 yes and 1 no vote.
99 -75 AWARDING A WATER AND SEWER RATE STUDY CONTRACT TO HILTON
FARNKOPF AND HOBSON, LLP
Upon motion made by Councilmember Mackenzie, seconded by Vice Mayor, with Mayor Reilly in
opposing the motion, the Council adopted Resolution #99 -75 by a 4 -1 vote.
Upon motion made by Councilmember Mackenzie, seconded by Councilmember
Spiro, the Council unanimously approved Resolution 99 -76.
99 -77 AWARD OF CONTRACT, SNYDER LANE DIKE PATH, PHASE III. PROJECT
NO. 1994 -7
Engineering Staff Joe Gaffney summarized the recommendation of staff and noted the need for the
bike trail and the adoption of Ordinance No. 99 -77.
Upon motion made by Councilmember Mackenzie, seconded by Councilmember Spiro,
The Council unanimously adopted resolution No. 99 -77.
11. EEL RIVER WATER DIVERSION INTO RUSSION RIVER/PG & E POTTER
VALLEY PROJECT
Randy Poole, General Manager of Sonoma County Water Agency (SCWA) requested City
Council assistance and support of draft motion (by letter or resolution) to the Commission.
in support of their effort and looking at impacts of Russian River /Potter Valley Project.
Council Discussion:
Councilmember. Mackenzie stated that he was comfortable with supporting the
request.
Motion Mackenzie authorized mayor to submit answer to U. S. of America Federal Energy
Commission in support of Mr. Poole's request.
Upon motion made by Councilmember Mackenzie, seconded by Councilmember Flores, the
Council unanimously approved supporting the request for support from SCWA.
Attorney Flitner noted he would prepare the formal legal documents to accompany the letter
RECESS: Mayor Reilly declared a recess at approximately 9:00 p.m.
RECONVENE: Mayor Reilly reconvened the Council meeting at approximately 9:07 p.m.
12. Prohibiting the Sale of Junk Guns (Matter was handled earlier on agenda)
Rohnert Park City Council Minutes ito� April 13, 1999'
13. Pacific Bell Mobile Services Personal Communications Facilities City Manager
Netter noted that the matter had been carried over from the last Council agenda. Mayor Reilly
read the Resolution to be considered for Adoption.
Subcommittee Member Spiro noted that Committee did meet and resolved questions. However
Resolution does not reflect changes. City has protection that we have right to collect service fees
or franchise fees. Also, the new language will protect the City in the event technological changes
allow for different types of services to be offered. The City then can renegotiate.
City Attorney Flitner also noted that included if PAC Bell facilities will interfere with police
transactions or other facilities that the City will have priority to use.
Councilmember Flores posed questions regarding the visual impact of facility, noting that the City
has a 15 -year lease. It was pointed out that there is a provision that allows us to relocate
certain amenities.
Upon a motion made by Councilmember Flores, seconded by Councilmember Spiro, the Council
unanimously accepted the recommendation of the Staff to authorize an Ordinance adopting and
approving a Communications Site Lease Agreement with Pacific Bell Mobile Service for Personal
Communications Services Facilities at 500 City Hall Drive.
14. Cellular -one Cell Site (Tower) Sublease with KRCG and ICG Telecom
Group, Inc.
City Manager summarized the content of recommended Agreement for a Cellular One
Cell Site(Tower) Sublease with KRCB and ICG Telecom Group, Inc. City Manager
noted that he that he felt that all concerned issues were addressed. Councilmember Spiro
concurred with City Manager's comments. Mayor Reilly pointed out that the discussion
guaranteed everyone's protection
Upon a motion made by Councilmember Spiro, seconded by Councilmember Flores, the Council
unanimously approved the adoption of recommended Resolution approving an agreement for
Cellular One Cell Site (Tower) Sublease with KRCB and ICG Telecom Group, Inc.
I5. PY iNNiNv AND AiONiNG MATTE °S:
• File No. 1917 — Crocker Lockers Project
City Manager Netter turned the discussion over to Planning Director Wendie Schulenburg to
address the Crocker Lockers Project.
Planning Director informed the Council that the Planning Commission recommended conditional
approval of file No. 1817, in a prior meeting. Ms Schulenburg summarized the project
contents and identified and discussed concerns that have been raised. As part of her presentation,
Planning Director presented details of the project through visual aids (blueprints, drawings and
slide presentation. Planning Director noted that the Mobile Home residents have expressed
concern over possible additional traffic resulting from the construction of the project access.
However, Ms. Schulenburg stated that staff does not feel that construction would contribute
heavily to increased traffic congestion.
6"i__
nert Park City Cvun- Minutes {11) Apr1113.,1999;
Planning Director went on to state that there has been a favorable response to the retention of
the fence, but higher fence would be installed. She pointed out also that the project is a regional -
generating use project, rather than a local use only project.
Based of staff recommendation and Planning Commission approval by a (4 -0) vote, with one
member absent, Planning Director requested approval.
Councilmember Spiro commented that she would prefer only a one story storage complex.
Councilmember Flores noted the need to maintain landscaping around the project, and suggested
the need to have a provision to assure that the landscaping is appropriately maintained. Planning
Director pointed out that maintenance policies had not yet been finalized.
Mr. Meyers briefly commented on traffic access, it was found that facility would only generate 6
cars per hour which should not contribute to increased traffic congestion.
Mayor Reilly requested a larger replica of the actual sign to be used be available to the Council
for review.
PUBLIC HEARING OPENED AT 9:50 P.M.
Mayor Reilly opened the session up for public comments for discussion to construct a self storage
facility at 6500 Redwood Drive.
Mr. Jim McGinnis expressed concern that the construction vehicles would block emergency entry
access. He feels that there would be a very serious traffic problem. He stated that the Housing
FinanceBoard agrees with other aspects of project other than traffic congestion concerns.
Ms. MarieVinsick, Rancho Feliz resident, expressed great concern over traffic congestion as well
as to the construction of two storage building which intrudes on resident's privacy. Ms. Vinsick
reminded staff they are not tenants, they are homeowners. Ms. Vinsick further stated that she is
concerned about the depreciation of -her home with the construction of the facility..
PUBLIC HEARING CLOSED AT 9:55 P.M...
Planning Director noted the area is .a Regional Commercial Zone with large possible list of uses.
Mayor Reilly requested that language be included in the Plan that if, in fact the construction of the
storage facility creates a traffic hazard, that the Council would have an opportunity to review or
change provisions of the plan.
Question posed whether all mobile home owners were notified. Wendy noted, per State law,
required to notify property owners within 300 feet. On site property manager stated that
notification was posted at the site.
*C O R R E C T 10 N BELOW from 4/27/99 City Council meeting: Per Mayor Reilly (deletion lined out/additions underlined)
*EXTEND COUNCIL MEETING:
Motion was made by Councilmember Flores, and seconded by Councilmember Spiro to continue
the diseussion (this maR extend the Council meeting past 10.00 p.m., was unanimously approved.
Rohnert Park at Council Minutes ire) April 13,1999;
Question to staff posed whether or not ingress and egress are the best options for the site.
Mr. Joe Gaffney of the City's engineering staff stated that the center access point best for this site.
Councilmember Mackenzie stated that, at this time, he is reluctant to approve the Plan, and
that there is a need to come up with some point of mitigation regarding the
ingress /engress. matter.
On the motion to continue discussion of this matter, Councilmember Spiro amended her second
and requested that the Northern portion of the conversion include off street park site setting.
Mayor Reilly expressed concern that if we don't approve this plan; we could be forced to accept
a more detrimental plan with greater impacts.
Mayor Reilly suggested the addition of more landscaping to protect the privacy of the residents.
Council directed Planning Department to revise the resolution so noting amendments, including an
alternative for a Southern entry /exit if traffic congestion is experienced in the future..
It was the consensus of the Council to table this item until next meeting and schedule the item as
first action item after the Consent Calendar, with staff recommendations and revised language.
SAFE'WAY EXPANSION PROJECT — ROUND TABLE PIZZA
Mayor Reilly summarized the contents of received letter requests for reconsideration of project
conditional on moving driveway on Rohnert Park Expressway to the east from the following
owners:
e Caltex Equities, Property Owners /Operators
• Safeway, Inc., Northern. California Division
• Singler- Ernster, Inc., Operators of Round Table Pizza
Staff briefed Council on the item as summarized in the staff memo to the Council.
City Engineer, Joe Gaffney, noted that original position was made back in October. However,
Mr. Gaffney noted that within the last couple of days, Safeway representative have opposed the
location of the driveway access off Expressway. Mr. Gaffney further reported that staff met with
Department of Public Safety to observe the flow of traffic on the recommended site area. He
stated that the Chief's major concern was acceleration of cars off R.P. expressway to make right
turn into the parking lot.
Attorney Flitner noted he received letter from Safeway who contends that item was considered
and approved by Planning Commission, and no appeal was filed within required time frame.
Safeway representatives feel that the City losts its appeals rights. City Attorney Flitner indicated
that the time period was met.
The Council unanimously agreed to defer staff to further work with the project applicants to
resolve questionable concerns.
Mr. Steve Butler (Safeway representative), noted that Safeway has a contractor who is ready to
City Manager summarized the request from Mr. Bruns requesting reduced building permit and
hookup fees, noting that the matter is before the Council for consideration.
Councilmember Mackenzie asked for staff recommendations. Staff stated that fees are
generally not waived or reduced, but due to the circumstances involving the Town Hall Center
Project, if Council feels a concession should be made, actual documentation should be
provided to support the costs of delay in the project.
It was the consensus of the Council that staff investigate the actual costs
of Mr. Brun's request.
RECREATIONAL VEHICLE PARKING CODES — UPDATE ON SURVEY RESULTS
City Manager Netter noted that the staff report outlines the current provisions, and results of a
recent survey of other communities regarding this issue.
Planning Director, Wendie Schulenburg gave a pre -slide show presentation on this item which
illustrated existing conditions within the City. She summarized her report and survey and
requested direction from Council.
Councilmember Spiro noted that this Ordinance was written in 1976, and requested that Council
review the Ordinance and *r-e write to make the Ordinanee more understandable and reasonable
update the ordinance for current needs.
,C O R R E C T 10 N ABOVE from 4 /27/99 City Council meeting: Per Councilmember Linda Spiro (deletion lined out/addition underlined)
Councilmember Flores concurred with Councilmember Spiro's recommendation. Pending review,
he recommended that we enforce what is currently in place, and notify residents in next water
mailing.
Upon a motion made by Councilmember Spiro, seconded by Councilmember Flores, the Council
unanimously approved a motion for staff to re- evaluate and update the Ordinance, and for staff to
provide a staff reports on the interpretation of the existing Municipal Code regulations.
Engineering staff, Joe Gaffney, reported regarding the Safeway Expansion Project/Round Table
Pizza meeting that he will meet with design artists of Safeway later this week. He feels that a
resolution can be reached. Brandon Ferrell, Safeway representative, thanked staff for their
efforts.
Councilmember Spiro asked that a previous promise to post a Community Events Board at the
Safeway Plaza area after last re -model of the shopping plaza did not occur. Mayor Reilly directed
staff to check into this item.
RohnertPark City Council lYlnutes ii4) tlpri113,
16. ROHNERT PARK CHAMBER OF COMMERCE REQUEST FOR CITY TO
SHARE COSTS FOR BUSINESS RESOURCE DIRECTORY
Upon a motion made by Councilmember Spiro, seconded by Councilmember Vidak- Martinez, the
Council unanimously approved the request to share costs for the Business Resource Directory.
The City Council Meeting adjourned at 11:00 p.m. to convene the Community Development
Commission meeting.
City Council meeting reconvened at 1 1:05 p,m.
17. COUNCIL. YEAR 2000 PROJECT
Councilmember Vidak - Martinez and Councilmember Mackenzie reported on behalf of the
General Plan Oversight Committee that the Committee will be meeting on Friday and next
Monday and should have a Preliminary Plan to forward to the Planning Committee
18. COUNCIL. COMMITTEE &/OR OTHER REPORTS
1) Vice -Mayor Vidak - Martinez reported that the Convention Center Study
Committee directed staff to meet with double tree representative. Mayor Reilly
asked if Councilmember Spiro would represent him at any daytime meetings regarding
this issue. She agreed.
2) Regarding an update on Canon Manor, Vice -Mayor Vidak- Martinez reported letter
was received from Canon Manor representatives who are requesting that housing
density be no more than 2 per acre.
Councilmember Mackenzie commented on last meeting with the Canon
Manor representatives. Councilmember Mackenzie stressed the need to continue
including Canon Manor residents in discussions regarding this area in the General
Plan.
✓) CouiiCiiiiiember Mackenzie reported on behalf of the ABAG: Planning Committee
noting that a significant item for Council information is that the Committee is
reviewing the General Plan and an updated report will be provided to the Council.
4) Councilmember Mackenzie provided the Council with a written report on the Citizens'
Advisory Committee from SCTA regarding the Transportation Sales Tax issue and
alternatives. Councilmember Mackenzie requested that the Councilmembers review
and provide comments before May 12, 1999.
5) Other Items
Councilmember Mackenzie requested that discussion of Hamilton and Port Sonoma
Site as possible site for Bay Area Ferry Transit locations be scheduled for the next
Council agenda.
Rohner# Park G►ty Cogncit Minutes Apri113, 1999
Councilmember Flores provided the Council with a handout on upcoming meetings
with Rancho Grande Mobile Home Community, Councilmember Flores provided a
report on meeting with the mobile home parks.
19. COMMUNICATIONS
Vice Mayor Vidak- Martinez pulled item #21. From the list of communications received stating
that the letter contents were inaccurate. City Manager Netter will prepare a written response on
behalf of the Council for Mayor Reilly's signature.
City Manager Netter reported that the request for $10,000 from Face to Face would be forwarded
to Finance Director Mike Harrow to be included in the budget process.
*Mayor Reilly Councilmember Mackenzie requested that Communication #22 from O. Duggan
for ZAP regarding alternative transportation to reduce air pollution be scheduled on a future
Council meeting agenda by early summer.
*CORRECTION ABOVE from 4/27/99 City Council meeting: Per Mayor Reilly (deletion lined out/addition underlined)
20. MATTERS FROM /FOR COUNCIL
1) Mayor's & Councilmembers' Association General Meeting
Mayor Reilly reported that appointments would be considered at the May
meeting for the following Committees:
• Bay Area Air Quality Management Board
• Airport Land Use commission
• LAFCO (Local Agency Formation Commission)
It was the consensus of the Council that Kathy Harvey be supported for
consideration on the LAFCO Commission.
2) City Manager Netter stated that the 2x2 meeting with City of Cotati-
Burbank Housing Project has been scheduled for Tuesday, May 4`' at
5:00 p.m.
3) Announcement made that the Caltrans - U. S. Route 101 Widening
Project /Open House Public Meeting, is scheduled for Wed., Apr. 14, 1999
from 6 -8:00 p.m., Santa Rosa Jr. High School, Multi - Purpose Room, 500
E. St., Santa Rosa
4) City Manager Netter requested confirmation from Councilmembers for the
Commissioner's Dinner/Event -Fri., Apr. 23, 1999, 5:30 p.m. at the
Community Center. Mayor Reilly and Vice Mayor Vidak- Martinez indicated
they would not be attending due to conflicting commitments.
Councilmember Spiro, requested an update on the railroad crossing projects. City Manager
Netter stated that he would provide the update.
Question raised regarding the status of the memorial brick for Cliff Cochella. Staff will investigate.
Rohnert;Park City Council Minutes (16) A�rll 13, 1999
It was requested by the Mayor to schedule for the May 8"' agenda, the Proclamation for the
Shriners Hospital,
21. CITY MANAGER'S REPORT:
1) City Hall Architect RFP results and selection — update
City Manager reported that five (5) firms have been identified, and that staff would
like to move ahead with project. Staff requested Council interest for involvement in
the project. Councilmember Mackenzie expressed interest and suggested to hold off
Review until the Library Architect is selected. This is scheduled for Monday, April 26,
1999. Council concurred with Councilmember Mackenzie's suggestion.
2) City Manager requested that Council fax in their dates for possible interviews for City
Attorney Services. City Manager requested this information as soon as possible.
3) Standard Insurance Co. demutualization - Selection of stock or cash
City Manager Netter reported that the company is becoming public and that the City
is a beneficiary of $79,000 cash or that we can accept stock. The question is whether
stock can accepted.
Attorney stated that because money is public money, should be converted into
an acceptable city investment, and that accepting cash would be advised..
4) FY 99 -2000 Booking Fees
City Manager reported that *RehneFt Ft Park Sonoma County has the highest booking
fees in the State of California. This is being reported for information purposes.
*CORRECTION ABOVE from 4/27/99 City Council meeting: Per Mayor Reilly (deletion lined out /addition underlined)
5) Announcement of Neighborhood Meeting re. Playgrounds, Thurs., Apr.29, 1999,
6:30 -8:00 p.m., Burton Avenue Recreation Center
6) Miscellaneous - There were no miscellaneous reports.
22. CITY ATTORNEY'S REPORT:
1) There was no further discussion from items under closed session.
2) Review /Consider Support for SB758 Re. Attorney Fees. City Attorney
Flitner reported that the Bill proposed by Senator Miller has not received a
response from clarification letter sent 10 days ago. City Attorney Flitner
stated that he would report further at the next meeting.
3) Analysis re. Rancho Feliz Mobile Home Community - Towing of Vehicles
Attorney Flitner noted regulations for parking dimensions with mobile
Rohnert Park Citv Council Minutes 171 ALpril 13, 1999
home parks. Mayor Reilly suggested that Flitner contact other cities that
own mobile home parks that have established guidelines or bylaws
regarding this area.
4) St. Elizabeth's request for limited parking in Bike Lane on Snyder Lane
Concern was expressed about parking around bicycle lines. Vehicle Code
and Highway Code can be read stricter than first read. Concerned that
police are saying this is a danger. Attorney Flitner informed the Council
that he feels that he needs to re- evaluate his original position.
Councilmember Mackenzie suggested Bicycle Advisory Committee gets
involved with this issue after Flitner's review.
Councilmember Mackenzie stressed the need to look at bicycle traffic and
possible alternatives. He reported that the direction is that the City
Attorney will finalize his opinion and pass the opinion on to the Bicycle
committee for recommendation.
5) Other, if any
Mayor Reilly requested interest of Councilmembers to attend the
Sonoma State Math Department award ceremony on April 28h, from 3:00
until 4:00 p.m. City Manager requested that interested Councilmembers
contact him.
There were no additional Rohnert Park District matters
Mayor Reilly asked if there were any additional unscheduled public appearances at this time. No
one responded.
ADJOURNMENT: There being no further business, Mayor Reilly adjourned the meeting at
approximately 11:47 p.m.
Teresa Taylor -King Rp6rder James J. Reil , Jr., Mayor
Tt 4jh- 6041399 m)