1999/08/24 City Council MinutesRohnert Park City Council Minutes
August 24, 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 Community Development Commission
held a Worksession on the 1999 -2000 Budget.
Prior to convening the regular session, following the Worksession on the 1999 -2000
Budget held by the Community Development Commission, the Council met in Closed
Session to consider personnel matters, litigation matters, and real estate negotiations as
listed on the agenda attachment.
CALL TO ORDER: Mayor Reilly called the regular session to order at approximately
7:55 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 Strauss, Assistant City Manager Leivo,
City Engineer Gaffney, Planning Director Schulenburg, Finance Director
Harrow, Public Works Director Stephens, Public Safety Director Rooney, and
Management Analyst Fogle.
1. CLOSED SESSION: Mayor Reilly reported on the closed session which
commenced this evening at 6:45 p.m. to discuss the matters listed on the
agenda attachment, representing an update. Mayor Reilly stated that the
Council discussed ongoing labor relations and that they were provided with an
update on where the City stands. Further, Mayor Reilly reported that the
Council discussed the Fire Services Assessment decision and Court of
Appeals, and he stated that the Council would provide an update on this
matter under item #13 of the Agenda. Regarding the Hillsboro proposed
settlement, Mayor Reilly reported that an update was provided, a meeting was
held this past weekend, and that the Committee would provide an updated
report at a later time.
2. APPROVAL OF MINUTES: Upon motion made by Councilmember
Flores, seconded by Councilmember Spiro, the minutes of August 10, 1999
were approved as amended, by a 4 -0 vote, with Mayor Reilly abstaining due
to his absence from the last meeting.
Rohnert Park City Council Minutes (2 ) August 24, 1999
3. APPROVAL BILLS /DEMANDS FOR PAYMENT: Upon motion by
Vice -Mayor Vidak Martinez, seconded by Councilmember Mackenzie, City
bills presented per the attached list in the amount of $805,675.07 were
unanimously approved.
4. ADDING INFORMATIONAL NON - AGENDAED MATTERS:
iviayvr neiiiy asxeu Councumemoers or start it mere were any non- agenaaea
informational items to add to the agenda. Councilmember Flores signified
one item to add under item #22 "Matters from the Council ", the Library Grant
Proposal.
5. MAYOR'S PRESENTATION:
Proclamation Congratulating and Extending Best Wishes to Sara
Tatman, 1999 National American Junior Teen Pageant Contestant
Mayor Reilly read and presented a Proclamation congratulating and
extending best wishes to Sara Tatman for winning the Northern California
Junior Teen Queen title qualifying her to represent California in the 1999
National Junior Teen Pageant.
Miss Tatman thanked the Council for the Proclamation. At the request of
Miss Tatman, a picture was taken of the City Council with Miss Tatman.
6. YOUTH REPRESENTATIVE to the CITY COUNCIL
from 1999 -2000 Youth of the Year Program selections
1) Recognizing Youth Representatives - High School Youth Representatives
Senior Kristen Avery & Juniors Lisa Tekus and Bering Tsang, provided the
Council with a written report which highlighted upcoming activities. Youth
Representatives informed the Council that there would be 735 freshmen at
Rancho Cotate High School this year.
Regarding the use of the PAL building as a Youth Center, the Youth
reported they like the idea and that they would ask other students how they
feel about the activity. Youth Representatives and Councilmembers
Mackenzie and Vidak - Martinez agreed to meet on the 24th at lunchtime.
Regarding the 50 -meter pool, Mayor Reilly informed the Youth
Representatives that the matter would be discussed at an upcoming meeting.
City Manager Netter advised representatives that he and Recreation Director
Tim Barry are scheduled to meet with the Sonoma State University (SSU)
representatives to discuss the 50 -meter pool.
Rohnert Park City Council Minutes (3 ) August 24, 1999
7. SONOMA STATE UNIVERSITY ASSOCIATED STUDENT
REPRESENTATIVE
• Recognizing SSU Associated Student, Inc. Representative Senior Eric
Carlson
Eric Carlson reported that classes begin at SSU tomorrow and that some
SSU students would be moving into the campus dorms tomorrow.
Associated Student Productions asked the representatives to extend their
apologies for the noise from the Back to School Concert. SSU Student
.Representative Carlson thanked the Chamber of Commerce for assisting
with SSU's "Welcome Back Student Campaign ".
SSU Student Representative Eric Carlson introduced Omar Malack who
reported that he works with the community and with 1,000 participants with
its Tutoring Club. He reported that their activities include providing
homeless centers with leftover food. Mr. Malack informed the Council that
he would provide reports to the Council on the Center's activities and that
they plan to sponsor 1 -2 projects per month. Mr. Malack announced that a
Countywide Community Service Day would be held on 10/23/99.
Councilmember Mackenzie asked Mr. Malack if he would continue
reporting before the Council to provide updates on the Jump Program.
SSU Representative Eric Carlson extended his apologies and stated he will
not be able to continue as representative due to class schedule conflict and
stated that hopefully Brian Talbot will be appointed in his place.
Councilmember Flores thanked Mr. Carlson for his participation and for his
work with Chamber of Commerce, and for working with Assistant City
Manager Carl Leivo on the Housing situation.
8. Scheduled Public Appearances:
1) Robert S. Young, 6086 Diane Ct., Rohnert Park: District Program
Chairman for the Boy Scouts, requested the use of City Center property,
which is reserved for the new library and parking garage, for an upcoming
Scout -O -Rama Annual Event scheduled for October 8 & 9, 1999.
Mr. Young and District Executive, Ms. Charlene Brown, stated that they
were present to answer questions and give more details on what the project
entails.
Mr. Young stated that the event attracts scouts from all over the area,
including, Santa Rosa, Sonoma and Petaluma. He noted that one of the
reasons for the request to use the City Center property for this event is
because it is a visible location. Mr. Young noted that last year the event
attracted some 2,500 participants.
Rolmert Park City Council Minutes (4) August 24, 1999
Councilmember Flores asked if the organization had considered the
parking needs for the event.
Mr. Young stated that the organization would encourage car - pooling
parking in other areas not used on a Saturday such as the Padre Center and
State Farm locations.
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Safety personnel.
Mr. Young responded that the project has its own security through the
Sonoma Traffic Control.
Vice -Mayor Vidak- Martinez noted that this event was scheduled on the
same date as the Chili Cookout, and that she would be concerned with
*public safety and traffic issues of both events drawing a high volume of
people to the City at the same time.
*C O R R E C T 10 N ABOVE from 9/14/99 City Council meeting: Per Vice Mayor Vidak - Martinez (addition underlined)
Upon motion by Councilmember Spiro, seconded by Councilmember
Flores, and unanimously approved to support the event, but to defer the
matter to staff for review of a workable plan.
2) Sandy Cimino, 758 Carlita Circle, Rohnert Park:
City Manager Netter informed the Council that Ms. Cimino was not
present at this time, but that she had provided the Council with a petition
objecting to the abatement extension granted to Mr. Delgadillo Vasquez
for his pigeons in her residential area. (Following Ms. Cimino's arrival,
this item was handled later as signified in these minutes.)
9. 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) Linda Branscomb, 21 Anne, Rohnert Park: Ms. Branscomb urged the
Council to put the fire Tax Assessment on the ballot to allow all citizens to
vote on the matter.
2) Dan Hubley, 135 Alma Avenue, Rohnert Park: Mr. Hubley spoke
regarding the City Hall list of priorities, stating that the Library should be the
first priority. Mr. Hubley further expressed concern over cutting back the size
of the library. Mr. Hubley stated further that the City should consider other
improvements such as improving soccer fields, and the completion of
proposed pools over the City Hall Project.
Rohnert Park City Council Minutes (5 ) August 24, 1999
3) Robert S. Young, 6086 Diane Court, Rohnert Park: Mr. Young provided
the Council with a written report expressing his concern that Pacific Bell
Telephone company does not recognize the existence of Rohnert Park. Mr.
Young further expressed concern that Petaluma residents and businesses do
not pay for calls to Santa Rosa, but that Rohnert Park businesses and residents
located north of the Expressway have to pay to make calls to Petaluma.
Council directed staff to investigate this matter and report back to the Council
City Manager Netter informed the Council that Pacific Bell had entertained
discussions on this matter a year ago, but that the City had not heard from
them since that time.
4) John Hudson, 399 Bonnie Ave., Rohnert Park: Mr. Hudson spoke on the
matter of the Fire Assessment Refund and media distortions. Mr. Hudson
stated that the majority of the State of California residents decided that raising
property taxes is defisive and potentially threatening to some people. Mr.
Hudson stated that Proposition 218 should require a 2/3- majority vote to raise
property taxes.
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.
Acknowledging City Manager /Clerk's report on posting of the meeting's agenda
Mayor Reilly read Resolution Titles.
Resolution Nos:
99 -185 DECLARING SEPTEMBER 20 -24, 1999 AS LAWSUIT ABUSE
AWARENESS WEEK
99 -186 AMENDING THE CONTRACT FOR JANITORIAL MAINTENANCE
WITH UNIVERSAL BUILDING SERVICES
99 -187 AUTHORIZING THE PURCHASE OF PERSONNEL SOFTWARE
AND SERVICES FOR THE CITY OF ROHNERT PARK PERSONNEL
DEPARTMENT WITH TRILLIUM SOFTWARE
99 -188 AUTHORIZING AND APPROVING A RENTAL AGREEMENT BY
AND BETWEEN SEBASTOPOL SEA SERPENTS SWIM TEAM
(TEAM) AND THE CITY OF ROHNERT PARK (CITY)
99 -189 REJECTING THE CLAIM OF MARY HANLON (REPRESENTED BY
ROBERT A. ZIGLER, ATTORNEY)
Rohnert Park City Council Minutes (6) August 24, 1999
Approving letter request from Gold Ridge Elementary School Parent
Teacher Association (PTA) to contribute six -(6) H Pool summer swim
passes for this year's Walk -A -Thou fundraiser
Upon motion by Councilmember Vice -Mayor Vidak- Martinez, seconded by
Councilmember Flores, the Consent Calendar as outlined on the meeting's
agenda, was unanimously approved.
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MAYOR REILLY RECESSED THE CITY COUNCIL MEETING TO CONVENE
THE COMMUNITY DEVELOPMENT COMMISSION MEETING AT 8:34 P.M.
MAYOR REILLY RECONVENED THE CITY COUNCIL MEETING AT 8:53 P.M.
11. ST. ELIZABETH SETON CHURCH REQUEST TO RETAIN
PREVIOUSLY APPROVED LIMITED PARKING IN BIKE PATH ON
SNYDER LANE IN FRONT OF CHURCH DURING NEW BUILDING
CONSTRUCTION AND REVERSE RECENT APPROVAL OF
BICYCLE ADVISORY COMMITTEE RECOMMENDATION FOR NO
PARKING IN FRONT OF THE CHURCH.
City Manager Netter informed the Council that this matter was carried over from
a prior Council meeting.
Public Comments:
1. Richard Echavarria, 220 Fig Ct., Rohnert Park: Mr. Echavvaria stated
that he was present to remind the Council of why the Bicycle Advisory
Committee recommended the uniform enforcement prohibiting parking in the
bicycle lane. Mr. Echavarria cited the area south of Golf Course Drive and
Southbound on Snyder Lane as a problem area where it merges from 2 lanes
to 1 lane. Mr. Echavarria stated that he was concerned with the safety of
bicyclists especially during weekend usage of the bike lanes.
2. Paul Skanchy, representing St. Elizabeth Church, referred to 2 letters
received at the last meeting. Mr. Skanchy noted parishioners only need the
parking provisions on Saturday evenings and for Sunday morning services at
8:30 & 10:30 when he noted traffic is lightest on Snyder Lane which has not
seen any problems. He expressed concern with the construction of the new
church and noted that the parking lot may not be completed until next spring.
He stated that if parishioners cannot park on Snyder Lane, that it would be an
inconvenience to park on the culs -de -sac. Mr. Skanchy requested that the City
Council reconsider its previous approval of the "no parking" recommendation
by the Bicycle Advisory Committee and requested the City Council to retain
its initial approval to allow parking on Snyder Lane in the vicinity of St.
Elizabeth Church at above - designated times while the new church is under
construction.
Rohnert Park City Council Mnutes (7 ) August 24, 1999
COUNCIL DISCUSSION /ACTION
Councilmember Mackenzie pointed out that the Council discussed this matter
at its last meeting, and decided to bring it back before the Council.
Councilmember Mackenzie noted that one matter that was never brought
before Council concerned a sign which is posted in front of St. Elizabeth
Church that reads: Parking OK 2 p.m. - 4 p.m. Councilmember Mackenzie
stated that he sees some confusion with different path usage signs. He stated
further that it appears there is a precedence regarding Class I bike path usage.
Councilmember Mackenzie stated that if the City allows a waiver to allow
parking at the church on weekends, that they should also allow bicyclists to
use the sidewalk when parishioner's vehicles are parked in the bike paths.
Councilmember Mackenzie stated that there is a need to post a sign as
bicyclists pass the church indicating to use the sidewalk at church, and
advising Class 1 riders that the bike path exists on the other side of the street
and they should use it. Mr. Mackenzie indicated that the City should consider
signs in front of Creekside Middle School to permit parking between 2 -4:00
p.m.
Councilmember Flores suggested the need to have clarity, and that since we
have such a large class attending the High School, that there is a need to deal
with these urgent concerns before school begins. Regarding the Parishioners
request, Councilmember Flores stated that sometimes situations require that
the Council look at the best interest of the community. Councilmember Flores
suggested the need to review the circumstances at St. Elizabeth Church and
the insufficient parking issue that exists.
Upon motion by Councilmember Spiro, seconded by Councilmember Vidak-
Martinez, and unanimously approved, the request to allow parking on a
temporary basis, and to revisit the issue of street parking when the
construction of the St. Elizabeth Church parking lot is completed, and to allow
bicyclists to use the sidewalk in this vicinity.
Mayor Reilly stated that once the parking lot is completed, it would be his
understanding that there would not be street parking in the bicycle lanes.
EMERGENCY ACTION ITEM:
Upon motion by Councilmember Flores, seconded by Councilmember
Mackenzie, and unanimously approved, Council agreed that comments
regarding parking concerns at Creekside Middle School be considered as an
emergency action item.
It was the consensus of the Council to have staff address the concerns with
parking at Creekside Middle School.
Rohnert Park City Council Minutes (g ) August 24, 1999
City Engineer Gaffney informed the Council that the signs in front of
Creekside Middle School were the result of a tour that was taken with the
Public Safety Department staff to look at the issue of improving safety at
school sites. Mr. Gaffney stated that it made sense to allow vehicles to park in
front of Snyder Lane during school departure time. Mr. Gaffney stated that
because of the high volume of students that are picked up, it was felt that
blocking the lanes during these hours did not seem to be a big problem.
Councilmember Mackenzie commented that his preference would be that a
Class 1 bike lane be dedicated to the full length of Snyder Lane, even though
this would not be practical in terms of the structure of funding.
Councilmember Mackenzie expressed that he felt that there was an
inconsistency problem in comparison to the St. Elizabeth Church parking
situation, and the City may wish to authorize a permanent waiver for
Creekside Middle School.
Councilmember Flores noted challenges in terms of traffic when Creekside
closes and he requested that someone review the situation during the first
couple of weeks of school to consider options to alleviate some of the
concerns and problems with the area.
Councilmember Mackenzie stated that there is also a need to determine how
to alert students of the Class 1 2 -way bike path and encourage kids to use
them, as well as to study the dynamics of the situation for the first 2 weeks of
school.
(ARRIVAL OF MS. CIMINO AT 9 :20 P.M.)
Mayor Reilly acknowledged the arrival of Ms. Sandy Cimino who was scheduled
on the Agenda under Scheduled Public Appearances. Mayor Reilly called for Ms.
Cimino's presentation at this time.
Sandy Cimino, 758 Carlita Court, Rohnert Park: spoke regarding the
pigeons in her neighborhood. In addition to summarizing her written handout
to the Council, Ms. Cimino showed Councilmembers pictures that
demonstrated the mess that the birds are making. Ms. Cimino further stated
that Mr. Delgadillo continues to violate the Municipal Code and that he
releases the birds at all times, Ms. Cimino stated that she feels that Mr.
Delgadillo is still in violation and stated that the birds were a health hazard.
Ms. Cimino went on to state that the situation is depriving her family and her
neighbors of enjoying the use of their yards for social gatherings.
Ms. Cimino requested that the Council place some sort of restrictions on Mr.
Delgadillo, such as for the time of release, or restricting him from flying his
pigeons on the weekends.
Rohnert Park City Council Minutes (9) August 24, 1999
Mayor Reilly asked for clarification of the reason for the abatement extension.
Councilmember Flores stated that it was his perspective that the Council
approved the extension on the basis that the pigeons were pets and considered
the pigeon races scheduled in October. However, Councilmember Flores
stated, it is also important to be a good neighbor. With regards to the times of
flight restrictions, this is stipulated under the Ordinance. Councilmember
Flores stated that the Council expected Mr. Delgadillo to be a good neighbor.
Councilmember Mackenzie noted that the Council had stated earlier that they
would hold a public hearing, which no date was set. Councilmember
Mackenzie pointed out that the Council did discuss what might or might not
be a flaw in the Ordinance. However, Councilmember Mackenzie stated that
the Council expected Mr. Delgadillo to be a good neighbor and comply with
release times, etc.
Mayor Reilly directed staff to inform Mr. Delgadillo that if he does not follow
the rules, a citation would be appropriate.
City Attorney Strauss thanked Mayor Reilly for clarification and noted her
appreciation of the clarification. City Attorney Strauss stated that there is a
need to understand what should be enforced and what should not.
Ms. Cimino stated that as a result of Council's direction to allow Mr.
Delgadillo to keep all 75 pigeons, that he has disregarded proper care of the
pigeon coups and that Mr. Delgadillo flies the pigeons at all times. Ms.
Cimino stated further that Mr. Delgadillo does not use all 75 pigeons in races.
City Manager Netter stated that the City would put Mr. Delgadillo on Notice
of Action today, and if he does not adhere to the provisions as outlined in the
ordinance, that he would be subject to further notice of abatement.
12. FOUNDER'S DAY EVENT, SATURDAY, SEPTEMBER 25, 1999 -
PROGRESS UPDATE
City Manager Netter introduced Public Works Manager Bill Stephens to address
this item.
Mr. Stephens summarized the staff report on this item pointing out that there are
only 30 days remaining before the Founder's Day Event and that the City staff is
excited about the community celebration. Mr. Stephens noted that the entries are
about the same as they were last year. Public Works Manager Stephens then
summarized his staff report.
City Manager Netter informed the Council that staff would draft a letter inviting
other officials from surrounding communities to the Founder's Day Event.
Rohnert Park City Council Minutes (10) August 24, 1999
13. PUBLIC SAFETY MATTERS:
1) Dept. of Public Safety Policies on Identification of Sex Offenders &
Megan's Law
a) Director of Public Safety Presentation
City Manager Netter stated that the Director of Public Safety Patrick
Rooney and members of his staff had been invited to the Council
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ensued regarding requirements for sex - offenders to register with
appropriate agencies.
Director of Public Safety Rooney provided the Council with a written
report on "Megan's Law" and summarized its contents. Public Safety
Director Rooney stated that the law outlines requirements of sex -
offenders to register, as well as provides an explanation of the three
categories under which sex registrants are classified. Public Safety
Director also summarized the Department's protocol on this matter
and provided the Council with statistical information.
Council Questions/Responses:
Vice -Mayor Vidak- Martinez asked what other offenses were included
other than rape or intent to rape.
Public Safety Director Rooney noted that all felonies related to a sex
offense would be included. Public Safety Director Rooney clarified
what designates as a high -risk offender or a serious offender.
Public Safety Director Rooney stated that his department would notify
residents of high -risk offenders only if the Department was concerned
that the offender would repeat an offense.
Councilmember Spiro expressed that she appreciated the information
from Mr. Rooney, but she expressed concern with the policy.
Councilmember Spiro stated that she was very concerned that three
offenders are residing in one mobile home park.
Councilmember Spiro stated that she feels that it is the Council's duty
to do something about possible re- occurring offenses.
Vice -Mayor Vidak - Martinez expressed concern that there is no
method to provide information on this type of offenders without being
in violation of the law.
Rohnert Park City Council Minutes (ll ) August 24, 1999
Public Safety Director Rooney noted that other methods of publicizing
identification of offenders would be that Managers could notify
Sheriff's Department, or residents can report any suspicious behavior.
Councilmember Flores suggested that one appropriate way to alert
residents, would be that Managers could notify residents, without
naming, that there was an offender living in their neighborhood.
Councilmember Spiro stated that she was extremely concerned with
the ruling that residents are not notified until a repeat offense occurs.
EXTEND COUNCIL MEETING:
Upon motion by . Councilmember Mackenzie, seconded by
Councilmember Flores, and unanimously approved, to extend the
meeting past 10:00 p.m. to finish necessary agenda items.
Councilmember Mackenzie stated that he feels that it is important to
secure advice from the Council as to what the Council may or may not
do.
Upon motion by Mayor Reilly, seconded by Councilmember Spiro, and
unanimously approved, Council agreed to meet with the Public Safety
Director and City Manager on policies related to this issue, and to notify
residents to visit the Sheriff's CD -ROM for information on convicted
sex offenders.
Tom Woodcock, 195 Rancho Verde: Mr. Woodcock stated that he
was shocked at what he heard from Chief Rooney. Mr. Woodcock
stated that his first concern is with what is regarded as being legal and
what is not legal. Mr. Woodcock stated that all of the offenders have
been convicted, and that one of the three offenders has made another
attempt. Mr. Woodcock stated that the residents have a right to know
and that it was the City's responsibility to inform its residents.
Mayor Reilly commented that the City has to have a public safety
director that is concerned about legal rights of the City.
Mayor Reilly directed staff to report back to Council regarding what can
be done.
MAYOR REILLY CALLED FOR A BREAK AT 10:15 P.M.
Rohnert Park City Council Minutes (12) August 24, 1999
THE MAYOR RECONVENED THE COUNCIL MEETING AT 10:22 P.M.
2) Fire Services Assessment 1999 -2000 and Beyond
a) Staff Report & Recommendation
City Manager Netter noted two items on the agenda 1) deals with
assessment on a Fire Services Assessment program Council might
consider in the future but not for the past; and 2) to call an emergency
meeting on the budget for the past issue. City Manager Netter
repotted that the matter is proceeding with the decision of appellate
court overturning that we were in violation in securing fire assessment.
He reported further that the Council indicated that the City
immediately notify the auditor not to re -tax residents. He stated that
staff is recommending reinstating a process through an assessment
proceeding under the Proposition 218 law and, in the process, to
develop procedures to provide the City with a proposal and Scope of
Services that would go to property owners to re- affirm, under the
Proposition 218 rule, to maintain fire services that will augment the
collections policy that the City has under the old rules. City Manager
Netter informed the Council that the 218 was not in place at the time
that the City process was developed.
City Manager Netter stated that the process could include the current
year (1999/2000), but that the City would have to do a hand billing.
City Manager Netter stated that the total cost of the proposal is around
$16,100 for direct services and $11,000 for mailing. He stated further
that $27,000 could be added back to the assessment roll.
City Manager Netter requested Council consideration to proceed with
recommended process spending the $26,000.
Resolution No:
99 -190 APPROVING AN AGREEMENT WITH BERRYMAN & HENIGAR
FOR ASSESSMENT ENGINEERING SERVICES TO ESTABLISH A
FIRE SERVICE ASSESSMENT DISTRICT
Upon motion by Councilmember Flores, seconded by Councilmember
Mackenzie, and unanimously approved, reading was waived and Resolution
No. 99 -190 was adopted.
City Attorney Strauss stated that public property was not allowed to be
included because the assessment took place before Prop 218 was in affect.
City Manager noted for clarification that this is addressed and included in the
1999/2000 process.
Rohnert Park City Council Minutes (L3 ) August 24, 1999
3) FIRE SERVICES ASSESSMENT 1996 -97 THROUGH 1998 -99
a) Staff Report
City Manager Netter summarized this item noting that the City
followed rules, that funds were released, and that the question based
on the appellate court decision is where do we go from here.
Mayor Reilly reported that the Council discussed this item during
closed session and directed the City Manager and City Attorney to
develop procedures needed to resolve issues of collecting property
taxes, and to report back with notification to be approved that the City
Attorney's advice would stand on how to resolve back issues.
Options To Proceed
City Manager Netter requested Council consideration for a
presentation from public safety on where we are and what we are
providing, and scheduling a special emergency meeting on the fire
services budget to review budget recommendations that may need
to occur. City Manager Netter requested an update on public
services currently provided for the City and for further discussion
on this matter.
14. CABLE TV MATTERS:
Staff Reports
1) Fee Reconciliation & Payment - Informational
City Manager Netter reported that the City received a $39,000 refund for
past violations. City Manager Netter commended City Management
Analyst Angela Fogle for a job well done.
2) TCI /AT &T Transfer Request - Status
City Management Analyst Angela Fogle updated the Council on this item
noting that negotiations are continuing, and hopefully will be completed
by 8/31/99. She further reported that the Council Sub Committee would
review the proposed final document next week for any necessary refining.
3) Adelphia Transfer Request - Status
Management Analyst Angela Fogle informed the Council that an
extension has been received.
4) Rate Reduction and CTJPA Rate Agreement with Century
Communications
Management Analyst Angela Fogle reported that negotiations for this item
were successful, and that a reduction in rates was awarded. She informed
the Council that 4 new channels were received, and that notifications will
go out in resident's September and October bills with credits coming back
in October and November, 1999.
Rohnert Park City Council Mmutes (14) August 24, 1999
Councilmember Flores noted that the sub - committee has met regularly
with Angela Fogle and staff and spoke regarding needs to the report
finalized. Councilmember Flores further stated that every technical step
has been recorded as milestones and looking to the end of 1999 for
completion to utilize fiber optics in the City (54 channels).
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Ordinance No.
654 ADDING CHAPTER 1.24 (NUISANCE ABATEMENT) TO THE
ROHNERT PARK MUNICIPAL CODE
City Manager Netter stated that, as part of the pigeon issue, this item was before
the Council.
Upon motion by Councilmember Spiro, seconded by Councilmember Mackenzie,
and unanimously approved, reading was waived, and Ordinance No. 654 was
introduced.
16. COUNCIL YEAR 2000 PROJECT MATTERS RELATED TO THE
GENERAL PLAN PROCESS
1) General Plan Ad Hoc Oversight Committee Update, 8/11 & 23/99
Meetings
Vice -Mayor Vidak- Martinez reported that the Committee is continuing its
review of the General Plan. She further reported that the Committee
would further review UGB language development and design element of
the Plan.
Councilmember Mackenzie pointed out that the Committee wants to be
able to respond to all of the citizen concerns. Councilmember Mackenzie
stated that the Committee will further review the Plan and its boundaries,
and that staff will work on all chapters of the Draft General Plan and come
back with revisions as discussed in the meeting.
Councilmember Spiro suggested the need to receive the revised draft
before the Labor Day weekend.
2) UGB Language Development (VVM /JM)
Report included under 1) above.
3) Acknowledgment of Work Session with City Council, 6 -9 :00 p.m.,
Sept. 7, 1999 & consideration of scheduling other work session(s) with
City Council
City Manager acknowledged the above Work Session.
Rohnert Park City Council Minutes (15) August 24, 1999
17. PLANNING AND ZONING MATTERS:
1) Wilfred /Dowdell Specific Plan - Update
Planning Director Wendie Schulenburg provided the Council with an
updated report on this item. She stated that staff received verbal
comments that are currently under staff review, and that the final EIR is
scheduled to go before the Planning Commission and that two (2)
hearings in September and October will be scheduled for City Council
Meetings. She stated that once the Council certifies the EIR and adopts
the plan, the application would be submitted to LAFCO.
2) Recreational Vehicle Parking
a) Staff /Council Committee Report
Planning Director Wendie Schulenburg stated that the Council had
directed staff to review how to deal with storage of recreational
vehicles and equipment on residential properties. Ms. Nineteen (19)
people were in favor of relaxed regulations and 1 in favor of more rigid
regulations. She stated that efforts are being made to try and balance
the scale of preferences. Ms. Schulenburg informed the Council that
many neighborhoods do not allow storage of recreational vehicles, .and
that it is up to the property owners to reinforce C.R.R. She further
reported that nine (9) residents have requested to serve on the
Committee, and she asked for any additional Council
recommendations for the Committee. She noted further that the
Committee will meet on the 2nd Monday of each month for the next 3
months, with a goal of coming up with recommendations for
regulations.
Upon motion by Vice -Mayor Vidak - Martinez, seconded by
Councilmember Mackenzie, to accept the volunteers to the Committee
was unanimously approved.
18. CITY CENTER PROPOSAL FROM SPECTRUM GROUP:
1) Update /report on meeting with Architect Group /MIG & Staff
City Manager Netter deferred the discussion of this matter to City
Planning Director Wendie Schuelenburg.
Ms. Schuelenburg summarized the outcome of a series of meetings
through 8/16 at which time Mr. Young introduced some of the key issues
that came out of meetings, one of which was that the City does not have
financial resources to complete the new library and City Hall projects.
Another issue raised regarding two stand -alone buildings, was the question
of whether or not they would provide the massive scale needed to form
the component of the Civic Center Plan. Ms. Schulenburg noted also that
discussion was held regarding the need for a parking structure, but stated
that funding for such would be another issue. Ms. Schulenburg pointed
out that as issues were identified, it was obvious that the Committee
needed to re -look at the Plan.
Rohnert Park City Council Minutes (16) August 24, 1999
Ms. Schulenburg reported that a meeting was held yesterday, 8/23/99, to
come up with some options, at which time Bob Young presented the Council
with some alternative plans.
Councilmember Flores expressed concern that this issue becomes a concern at
the last hour of the meeting after identifying architects and prepared to move
forward. Councilmember Flores expressed concern with deviations at the last
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Consultants have overlooked these issues.
Mayor Reilly stated that he felt that the Council knew what the expense would
be for this project.
Planning Director Schuelenburg stated that parking has always been an issue
and that immediate accessibility was a concern to dropping off books at the
library. Regarding massive scale, Ms. Schuelenburg stated that she did not
know the size of the building with MIC, but may, be approximately a 26,000
sq. ft. building and a 28,000 sq. ft. building.
Mr. Bob Young stated that the plan for the library construction was not
finished until two months ago, and for the two buildings, two weeks ago.
Mr. Young reviewed the proposed changes, and summarized the financial
plan. He pointed out that the project cost is way over the budgeted amount.
City Manager Netter noted that the purpose of the meeting was to come up
with additional ideas. He noted that the City did not want to alter the library
timeline completion date. City Manager Netter stated that the City has $15
million in bond money, and could be a good job by combining buildings and
not have 2 buildings. He stated that City Hall could not be built with $44.5
million dollars. He further stated that the real issue is where will money come
from for a parking lot. City Manager Netter stated that staff recommends
using Noll & Tam for the entire project, the library and City Hall Project.
Regarding the Spectrum group, with regard to the concepts of the Plan and
commitments of the City, City Manager Netter stated that at the next meeting
Council and staff would recommend approval of a document giving them
exclusive rights. City Manager Netter stated that they would bring the matter
back in 3 -4 months on where the City wants to go from there. City Manager
Netter stated that staff made it clear to Noll & Tam what the City wants and
requested 3 proposals to be presented at the first meeting in September,
Rohnert Park City Council Minutes (D) August 24, 1999
2) Exclusive Right to Negotiate
• Education/Information - City Attorney Betsy Strauss
City Manager Netter reported that this matter might be re- visited at a
later date.
19. LIBRARY PROJECT:
1) Report & Review of Committee Member Flores Recommendation
Councilmember Flores stated that in concept, a plan is either good or that
it is not. He noted that the Council met a month ago reviewing a good
solid plan. Councilmember Flores expressed concern that a month later it
is not a good plan and that there are serious reservations. The New
Library Steering Committee has been working for two years along with
the Council Committee on construction of a new library with $4.5 million
tax allocation bonds for the project. Noll and Tam estimated the library
cost at $8 million. Based on the commitment that Council would like to
see the project proceed and the need to finish the library project,
Councilmember Flores further stated that the sale of the existing City Hall
and existing Library could generate additional money to finance the
library. Councilmember Flores urged the Council to stick to the timetable
for construction of the library.
Councilmember Spiro stated that she would like to continue discussions
with Spectrum, and that she would like to hear their response at the
9/14/99 Council meeting.
Councilmember Mackenzie stated that he would like to hear Spectrums
alternatives also.
Vice -Mayor Vidak- Martinez stated that she would like to see a quality job
and something that reflects the thinking of the community and include the
work already completed. Councilmember Vidak- Martinez stated that she
would like to hear more from Spectrum on how this proposal might be
implemented.
City Manager Netter referred to concern expressed by the Library
Committee, noted the distinction of proceeding with one building or two
buildings.
Mayor Reilly requested that staff obtain an estimated cost for the new
proposal. Councilmember Spiro suggested that staff include a proposed
cost for a three story- building plan.
Councilmember Flores suggested the need to make a decision at the
September Council meeting and decide on either two buildings or one
building. Councilmember Flores further stressed the importance of
respecting the timeline for the project's completion.
Rohnert Park City Council Minutes (18) August 24, 1999
Vice -Mayor Vidak- Martinez commented that she felt that the combined
effort makes sense, and that she sees a quality project in both of the
concepts.
Following discussion, the Council concurred to re- agendize this item.
20. COUNCIL COMMITTEE & OR OTHER REPORTS:
1) Mobile Home Park (Rancho Grande), 8 /21/Meeting
Councilmember Flores reported that there were approximately 200
members present at the meeting, most of which were residents of Rancho
Grande. Councilmember Flores noted that each element of the Hillsboro
settlement was addressed and aspects discussed, and that the Committee
entertained questions from the audience. Councilmember Flores further
reported that the rent control residents voted on a ballot, and that absentee
ballots were sent out, and that the results were provided to the City
Council. Councilmember Flores stated that of the 108 eligible voters, 72
(67.7 %) voted in favor of the settlement. Councilmember Flores
recommended that the City proceed with findings based on the
recommendations from the City Attorney,
Mayor Reilly stated that the voting would be completed by Friday, and
that final results will be announced when received. Mayor Reilly
requested that this item be agendized for the next Council meeting as an
action item.
2) 2x2 School Dist. /City Committee - Consideration of Meeting Dates
(AF /JR)
City Manager Netter stated that a date had been selected, and that Jan
Heffron had confirmed the date.
21. 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.
Councilmember Spiro requested to agendize Communication #15 regarding
dog feces complaint and suggestions for park maintenance. Ms. Spiro referred
to #6 on Communications and expressed agreement with the recommendation
from Robin Blackwehl of the Chamber of Commerce to change the date for
the Possible Tree Lighting Ceremony to 11/30/99, from 12/7/99.
Councilmembers concurred with Councilmember Spiro's suggestions.
Rohnert Park City Council Minutes (19) August 24, 1999
City Manager Netter pointed out that Communication #18, from Office of
County Administrator regarding FY 99 -2000 Advertising Budget for
Transient Occupancy Tax was discussed earlier, but that the Council may
wish to also re- agendize this item for further discussion.
22. MATTERS FROM/FOR COUNCIL:
1) Marin County Board of Supervisors letter Urging Resolution to
CALFED in Response to EIS /EIR (9/23 deadline for public comment)
for Water Management and to Insure Protection of the Bay /Delta
Estuary
City Manager Netter acknowledged receipt of this letter.
2) League of Calif. Cities 1999 -2000 Board of Directors - Nominations
Invited for Recommendations during the League's 1999 Annual
Conference in San Jose, October 10 -12, 1999.
City Manager Netter announced this upcoming conference.
3) League of Calif. Cities North Bay Division Meetings, Wed., Sept. 1,
1999, Suisun Harbor Theatre - Executive Session, 5:45p.m. /Quarterly
Dinner Meeting,7:00 p.m.
City Manager Netter informed the Councilmembers of this upcoming
event.
4) Work -in- Progress Tour of Jean & Charles Schultz Information
Center at SSU, Saturday, Sept. 11, 1999 10:a.m. or ll:a.m. (RSVP's
indicate preference)
City Manager Netter informed the Councilmembers of this Tour and
Councilmembers stated that they would RSVP accordingly.
5) CCAPA Conference - 1999, Bakersfield Convention Center, Oct. 16-
19, 1999
• Presentation of Award
City Manager asked if a Councilmember would like to attend the
CCAPA Conference in Bakersfield. Councilmember Spiro responded
that she would attend.
6) Grant for Funding Libraries
Councilmember Flores stated that a report was presented to the City
Council from a member of the Library Steering Committee on available
grants available to help fund libraries. Councilmember Flores requested
that discussion of this matter be scheduled as an action item to consider
hiring a Grant Writer to pursue some of these available grants.
Councilmember Flores stated that this could increase our revenue if some
of these grants were secured.
Rohnert Park City Council Minutes ( ) August 24, 1999
7) Mobile Home Parks Ownership Program
Mayor Reilly requested an update on the Mobile Home Park Ownership
Program and on how it was proceeding.
City Manager Netter responded that staff was in the process of conducting
an audit for the year which should be completed in October.
8) Golf course Committee Reformulation
Councilmember Spiro inquired of staff on the status of the reformulation
of the Golf Course Committee. City Manger Netter responded that staff
was in the process of contacting interested parties.
9) SSU Associated Students, Inc. Meetings
Councilmember Mackenzie requested a periodic report from SSU's
Associated Students Inc. on the status of their meetings and schedules.
23. CITY MANAGER'S REPORT:
1) Fall Clean Up, Fri., Oct. 22 - Fri., Nov. 1, 1999
City Manager Netter announced the dates for the next Cleanup in the City
as an informational item.
2) MRC Report - First Quarter Sales Tax - Informational
City Manager stated that this report was provided as an informational
item.
3) Update on Youth & Family Services Recruitment /Restructure
Regarding the recruitment efforts of Dr. Park's position, City Manager
Netter requested that meetings be scheduled to meet and review the
proposals.
Mayor Reilly appointed Vice -Mayor Vidak- Martinez and Councilmember
Spiro to review the proposals.
4) Magnolia Park Ribbon. Cutting Ceremony
City Manager Netter advised that Recreation Director Tim Barry
recommends a Ribbon Cutting Ceremony for Magnolia Park at 9:00 a.m.,
Saturday, September 11, 1999. Council concurred.
24. CITY ATTORNEY'S REPORT:
1) Items from Closed Session
The Mayor's report on the closed session was sufficient.
2) Bicycles on City Sidewalks
City Attorney Betsy Strauss reported that recent meetings have been held
regarding where -bicycles are allowed to be ridden on sidewalks, and the
code says they are not allowed. City Attorney Strauss stated the need to
post signs to that effect.
Rohnert Park City Council Minutes (21) August 24, 1999
25. ADJOURNMENT: There being no further business, Mayor Reilly adjourned the
meeting at approximately 11:50 p.m. to Tuesday, September 7, 1999 at City Hall
for the General Plan Work Session.
Teresa Taylor -Ki , Recorder Ja s J. Reilly, Jr., ayor
(082499. mn)