1999/10/26 City Council MinutesRohnert Park City Council Minutes
October 26, 1999
The Agenda for the City Council Meeting was adjusted to enable Councilmembers to attend the
opening portion of the Partnership Dedication of Technology High School Program at Sonoma
State University Campus.
Prior to convening the regular Council meeting, the Council met in Closed Session to consider
personnel matters, litigation matters and real estate negotiations matters, as listed on the agenda
attachment.
CALL TO ORDER: Mayor Reilly called the regular session to order at approximately 7:27 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, Building Official Lee Braun, and Management
Analyst Fogle.
1. REPORT ON CLOSED SESSION: Mayor Reilly reported on the closed session
which commenced this evening at 6:30 p.m. to discuss the matters listed on the agenda
attachment, representing an update, with no action taken at this time.
2. APPROVAL OF MINUTES: Mayor Reilly noted a correction for the October 12,
1999 minutes that his absence was due to being on vacation and not away on business.
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie,
with Mayor Reilly abstaining due to his absence from the meeting, the minutes of
October 12, 1999 were approved, by a 4 -0 -1 vote, as amended on original set of
minutes.
3. APPROVAL OF BILLS/DEMANDS FOR PAYMENT: Upon motion by Vice
Mayor Vidak - Martinez, seconded by Councilmember Mackenzie, bills presented per
the attached list in the amount of $1,500,482.86 were unanimously approved.
ohnert Park City Council Minutes 2 October 26, 1999
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 Spiro signified two items:
(1) report on Mayors & Councilmembers Association Meeting, and (2) Railroad
Crossing. Councilmember Flores requested to report on the Noll and Tam Architect
timeline. Vice -Mayor Vidak Martinez requested to provide a report on the Human
Services Commission and Prop 10 Commission. Councilmember Mackenzie requested
to report under, item #23, Council Committee & Other Reports, on the SCTA meeting
dial 11e dUCnUCU.
5> YOUTH REPRESENTATIVE to the CITY COUNCIL
from High School 1999 -2000 Youth of the Year Program selections
1) Recognizing Youth Representatives:
Senior Corinna Cole & Juniors Raymond Bacani and Nicole Henderson
Youth Representatives summarized their report. They reported on the
results of a survey that was conducted by other youths on youth concerns
in the community.
The Youth pointed out that the four most important aspects for a youth
center included: 1) need for a bookstore, 2) a cafe, 3) dancehall, novelty
shops, and restaurants.
Ms. Cole informed the Council that a more formalized report on the survey
result report would be provided at a later date.
Councilmember Flores commented that the analysis done by the youth was
very good. Councilmember Flores thanked the youth for their efforts.
Councilmember Spiro extended thanks to all of the youth that participated
in the Hands Across the County cleanup project on Saturday, October
23rd.
6. SONOMA STATE UNIVERSITY ASSOCIATED STUDENTS REPRESENTATIVE
• Recognizing SSU Associated Students, Inc. (ASI) Representative Senior Brian
Talbot
Brian Talbot, ASI Representative, summarized his written report. Mr. Talbot
informed the Council that Sonoma State University has been awarded the
opportunity to host the NCAA Men's and Women's Soccer Semi- Finals and
Championship game on November 4 -6, 1999. Schedules for the events were
included in his written report.
Mr. Talbot also extended thanks to the Council for passing the Resolution
recognizing SSU's Recycling Program,
Councilmember Mackenzie reported that he met with SSU Associated Students,
Councilmember Mackenzie further stated that he had an opportunity to attend an
excellent Jazz Concert on campus last week. Councilmember Mackenzie thanked
the University for sponsoring such events.
Rohnert Park City Council Minutes 3 October 26, 1999
7. SCHEDULED PUBLIC APPEARANCES:
1) George Williams, Commander Post 3237,Veterans of Foreign Wars re. fund raiser
Mayor Reilly informed the Council that Mr. Williams was unable to attend the
meeting, but has requested to reschedule this matter for the 11/9/99 Council
meeting. Council concurred.
2) Galen Scbwab, 6186 San Carlos Court re City Center Project - City Hall Funding
Mr. Schwab spoke regarding his vote on the City Hall project. He stated
that he will be recording this speech tomorrow and that he would provide
the Council with copies of the speech. Mr. Schwab reviewed the
background of various workshops and meetings held on the commitments to
a City Hall project. He stated that he did not understand why support for
the project was slipping. He noted that a Workshop was held in 1/99 and
that at that time everybody felt wonderful about a Civic Center Complex.
Mr. Schwab pointed out that two additional workshops were held in
February and July 1999. He asked why the project has lost support. He
stated that maybe the $4.5 million was not enough money to fund the
project. He commented that the loss of interest in the project is not what
was originally envisioned. Mr. Schwab shared a song for Councilmembers
and audience entitled "City Hall Drive, Let's Put a City Hall on City Hall
Drive ". He urged Councilmembers not to let the opportunity pass by, and
he encouraged the development of the City Hall and Library within two
years.
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. Mal Kolm, 315 Rustic Lane - Valley Village, Rohnert Park: Mr. Kohn
noted several corrections to the October 12, 1999 Minutes. He stated that
the letter dated 10/4/99 that the verification of date of receipt appears on
the upper right hand corner of the letter. He stated that the letter was to
City Manager Netter. Mr. Kolm stated that now he delivers his letters
personally to the City Manager and to the Councilmembers. Mr. Kohn
distributed a letter of evidence with 12 enclosures pertaining to his Petition
95 -1, at 8:01 p.m. Mr. Kohn summarized the contents of his letter.
2. Tony York, 7374 Rasmussen Way, Rohnert Park, CA: Mr. York spoke in
support of the City Hall project. Mr. York stated that City Hall -is an
integral part of the City Center. Mr. York read a quote from a Mission
Statement from the Town Center Project. He stated that it would be
premature to end the project now. Mr. York further stated that there is a
great need for a larger space for City staff. Mr. York stressed the need to
start the City Hall project and stated that it would enhance the Library
project. He stated that the project would create a rise in property value
around the City Center.
Rohnert Park Cite Council Minutes (4) October 26, 1999j
3. Maxine Schwab, 6185 San Carlos Ct., Rohnert Park: Ms. Schwab
spoke in support of funding the new City Hall. She noted that the
Uluversity plans to build a Concert Hall in a shoebox design. She noted
that tourists will come here to enjoy our Concert Hall, but will they find a
hotel, restaurant, or interesting shops? Ms. Schwab stated that this is a
fantastic opportunity before us. She stated that the City has the resources
to build the Civic Center with both the Library and City Hall and be ready
to welcome the world and the new millennium.
4. Dan 13ublev, 135 Alma Avenue, Rohnert Park: Mr. Hubley stated that
he believes in the Library Project and the Town Center. He noted that the
construction of the projects could be a focal point without a City Hall. Mr.
Hubley stated that people coming here would not be coming to see a City
Hall. Mr. Hubley stated that the Library should be on the top of the
priority list. He pointed out that there were other developments addressed
other than a City Hall.
5. Robert Fleak, 157 Parque Recrero, Rohnert Park: Mr. Fleak expressed
concern over the CPI reaching 4.0 %. He noted that Valley Village's will
be 3.8 %. Mr. Fleak stated that he supports Mr. Woodcock's item.
9. CONSENT CALENDAR
Mayor *'Riley 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 *2Riley Reilly read Resolution Titles.
* 1 &2 C O RR E C T I O N S ABOVE from 1119/99. City Council meeting: Per Mayor Reilly (deletions lined out/additions underlined)
City Manager Netter requested that Resolution No. 99 -227 be pulled for further
discussion.
Upon motion by Councilmember Spiro, seconded by Councilmember Mackenzie,
the Consent Calendar as outlined on the meeting's agenda, with the exception of
Resolution No 99 -227, reading was waived, and the Consent Calendar was
unanimously approved.
Resolution Nos:
99 -228 CALLING FOR SEALED PROPOSAL FOR TREE MAINTENANCE
AND PRUNING
ohnert Park City Council Minutes (5) October 26, 1999
COUNCIL DISCUSSION ON
Resolution No.
99 -227 AWARDING THE CONTRACT FOR THE NEW PLAYGROUND
STRUCTURES FOR VARIOUS CITY PARKS
City Manager Netter informed the Council that after thorough analysis of the
bids received for the construction of new playgrounds for various City parks,
staff recommends adoption of the resolution awarding the contract to Ross
Recreation. City Manager Netter noted that the other proposals contained
items that did not meet the terms of the bid package.
Upon motion by Vice -Mayor Vidak - Martinez, seconded by Councilmember
Mackenzie, and unanimously approved, with language in resolution to include
that the other two bidders, G &G Builders and R &C Construction have been
determined to be non - responsive bidders, reading was waived and Resolution
No. 99 -227 was adopted.
10. OTHER RESOLUTION FOR CONSIDERATION:
Resolution No:
99 -229 ADOPTING PREOPOSITION 218 ASSESSMENT BALLOT
PROCEEDING PROCEDURES (FIRE SERVICES BENEFIT
ASSESSMENT)
City Manager Netter noted that City Attorney Strauss has provided a
memorandum outlining the details for this item. He stated that the item is a
procedural matter for approval.
COUNCIL DISCUSSION:
Councilmember Spiro suggested considering presenting this ballot measure
before the citizens and requiring a 2/3 vote prior to adopting the procedures.
Councilmember Spiro asked what happens to ballots that contain damaged bar
codes.
City Attorney Strauss stated in response to Councilmember Spiro's concerns,
she was informed by the County Registrar's office that damaged bar code
ballots are counted by hand.
For clarification, Mayor Reilly pointed out that Assessment District goes to
property owners both inside and outside of the City. He stated that whenever
a new tax measure is passed, it must be approved by a 2/3 vote by the citizens.
ohnert Park City Council Minutes (6) October 26, 1999
City Attorney Strauss stated the issue of the Fire Assessment District would be
addressed at the 11/9/99 City Council meeting. She stated that the decision to
have a special tax on the ballot would be a policy decision of the Council.
Upon motion by Councilmember Mackenzie, seconded by Vice -Mayor Vidak-
Martinez, and unanimously approved, reading was waived and Resolution No. 99-
229 was adopted.
PETITION FOR UNIT MODIFICATION (FIRE INSPECTOR) - PROCEDURAL MATTER
1) Staff /City Attorney Report
City Manager Netter noted that this matter before Council is a procedural
matter. City Manager Netter stated that this is in response to a petition to have
the Fire Inspector position put into the RPPOA bargaining unit. City Manager
Netter informed the Council that the matter was unresolved through mediation
process. City Manager Netter stated that staff received a phone call from the
representative not to hear the matter but to defer the matter until 1/2000, at
which time other such matters would be heard. He stated that Council has two
options to address this matter at a later date or to refer matter to a third party
process. City Manager Netter suggested that the matter is a separate issue,
and recommended Council consideration to defer the matter to a third party.
COUNCIL ACTION
Upon motion by Vice -Mayor Vidak- Martinez, seconded by Councilmember
Flores, and approved by a 4 -1 vote, with Mayor Reilly dissenting, to hear this
matter later at a separate time independent of hearing other classifications for
unit representation.
COUNCIL DISCUSSION:
Councilmember Spiro asked City Attorney Strauss if there would be a problem
with hearing the matter separately. City Attorney Strauss suggested that the
Council could clearly note that the matter would be heard separately at a later
date.
12. RECREATIONAL VEHICLE PARKING
1) Staff Report & Update
City Manager Netter noted that staff provided Council with an update on the
meeting held last night. City Manager reported that Planning Director
Schulenburg would provide the Council with a staff update. City Manager
suggested that the City hire a professional facilitator to work with the
Committee on these issues. He stated that staff should not be involved in
debates on this matter. City Manager pointed out that tonight should address
discussion of the issues and direction to staff in addressing the issues.
Planning Director Schulenburg summarized her written report provided to the
Council. She pointed out that the results of the survey were attached to the
staff report.
ohnert Park City Council Minutes (7 ) October 26, 1999
Ms. Schulenburg reported that nearly all supported parking behind their yards.
She noted that it was unlikely that the Committee as formulated would come to
an agreement.
Ms. Schulenburg summarized the alternatives before the Council noting that
staff was recommending Alternative Actions 2: to direct the Committee to
meet again and make another attempt at reaching consensus. She stated that
the Committee recommends authorizing an expenditure up to $400 for a
professional facilitator at the meeting because of the diversity of members'
opinions.
2) Council Discussion/Direction:
Councilmember Spiro reported that her sense was that because of the large
group of people, it was not the same Committee that existed several weeks
ago. Councilmember Spiro suggested the need to have another scheduled
meeting. She pointed out that the meeting location was not conducive to
accommodating the large crowd.
Vice -Mayor Vidak - Martinez stated that she has no desire to continue
discussions and would like to accept the status quo.
Councilmember Flores stated that he would like to hear from the citizens, and
he suggested that a series of 3 meetings be scheduled and to allocate $600.00
for status quo.
Mayor Reilly informed the public that the Council has heard some complaints
regarding the size of some of the RV's and that is why the Council was asked
to create a Committee and discuss the issues. Mayor Reilly noted that the
Council had not received a report prior to tonight.
Councilmember Mackenzie pointed out that if residents wish to speak, they
should do so. He noted that he does not find the current Ordinance clearly
written and enforceable. He stated that if there is an Ordinance on the books,
it should be enforced and that people should be clear on the regulations.
MAYOR REILLY OPENED PUBLIC COMMENTS AT 8:50 P.M.
1. _Mariean O'Neill, 7592 Beth. Ct., Rohnert Park: Ms. O'Neill stated that at
last night's meeting, Councilmember Spiro indicated that safety was, an issue.
She noted that there were only 3 safety issues addressed, one 10/13/98, and
another letter 10/27/98 from an area in "S" section referring to one RV, and
3/23/99 where Councilmember Spiro indicated under #37 communications, all
of which addresses aesthetics not safety. She referred to Councilmember
Spiro's comments that safety was an issue, but was aesthetics. She stated
further that there are no public safety reports or statistics relating to any safety
issues or any requests to change current Ordinances.
ohnert Park City Council Minutes (8) October 26, 1999
In conclusion she stated that this is not a safety issue, but rather aesthetics.
She stated that the Ordinance already exists and that she was in favor of the
status quo.
2. Tina Walker, 7600 Beth Ct., Rohnert Park: Ms. Walker stated there were
no restrictions for parking when she purchased her home 21 years ago. She
urged to leave the Ordinance as is.
3. Connie Lightell, 7585 Beth Ct., Rohnert Park: Ms. Lightell commented
regarding comments quoted in the June issue of the Community Voice which
stated that RV parking is taking up driveway space and interferes with access
for emergency vehicles. Ms. Lightell stated that the Engineering Department
indicated that all designs were created to allow for clearances for emergency
vehicles and homeowner's private vehicles. Further, Ms. Lightell pointed out
that Public Safety Commander Cassell also indicates that there is no problem
or that there has never been an incident where emergency entrances have been
obstructed. Regarding issues of child safety, Ms. Lightell noted that Rohnert
Park Records Department had not received any requests for statistics on this
issue. She noted, however that there have been 3 incidents from age of 0 -17
years being struck by vehicles, but not due to RV's. She stated that protecting
an unsupervised child is the responsibility of the parent, not RV owners or
residents.
4. Mike Lightell, 7585 Beth Ct., Rohnert Park: Mr. Lightell pointed out that
he was not an RV owner. Mr. Lightell summarized the history of the RV
Committee formulation and the reason for its creation.
5. Stephen Soproul, 7584 Beth Court, Rohnert Park: noted that 2/3 of the
community has expressed that they want the Ordinance left status quo.
6. Ray Arnold, 7634 Beth Court, Rohnert Park: Mr. Arnold spoke as a boat
owner. Mr. Arnold stated that he went to court because of his boat not being
parked in his driveway. He stated that it is not a safety issue. Mr. Arnold
recommended the enforcement of 72 hour parking restrictions.
7. Jim Cronin, 205 Alma Ave., Rohnert Park: spoke regarding the survey and
comments he made in 6/99 regarding the RV's. He noted that the previous
Council adopted the current Ordinance, which has had no problems. He asked
where would vehicles be parked if there is a change in the Ordinance. He
stated that the current ordinance is not enforced consistently but only when a
complaint is filed. Mr. Cronin re- iterated that there is no safety issue, but
rather aesthetics. He asked on what basis the Ordinance would be changed?
He stated that he thought the survey spoke for itself. Regarding the
Committee, he stated that from the beginning it has been simply a packaged
proposal, and the Committee only responded to what was presented to them.
He noted that he would not sit on committee again.
ohnert Park City Council Minutes 191 October 26, 1999;
8. Hap Pool, 6096 Deborah Ct Rohnert Parr: Mr. Pool questioned the City
spending money on a facilitator. He further asked what there was to facilitate.
9. Galen Clothier, 1357 Rosana Way, Rohnert Parr: Mr. Clothier spoke
regarding national disasters, He noted. that these vehicles have national disaster
equipment which could play supportive and helpful roles at the time of a
national disaster. He urged the Council to consider their usefulness as
currently spread throughout the City.
10. Claude Grey, 7982 Beverly Drive, Rohnert Park: He stated that at the time
that he purchased an R.V., he also requested to put a parking structure on his
property. He stated that he does not appreciate the City trying to change
original arrangements. Regarding the survey, Mr. Gray noted that the survey
was sent to members of the Committee and was reviewed in the privacy of
their homes. He stated that the 2/3 status quo was representative of the
Committee.
COUNCIL DISCUSSION /COMMENTS:
Mayor Reilly stated that the Council had not heard the issues of this Committee until tonight.
Councilmember Flores expressed agreement with several speakers regarding the aspects of
aesthetics being the dominant issues. Councilmember Flores stated that sometimes
disagreements with neighbors could create serious problems. He suggested that we review the
existing 1976 Ordinance for clarity, compliance, and consider a municipal lot for those
individuals who may want the opportunity to utilize the lot for RV parking, they may do so,
and to otherwise support the current Ordinance.
Councilmember Spiro clarified that the issue was brought up as a result of a child who was
killed. She stated that although the child was not killed in Rohnert Park, that she has a daughter
and grandchildren and that, in her heart this was a matter of safety. She stated further that one of
the reasons she brought up the issue of boats was because she was addressing the type of boats
that have blades sticking out, which could be a safety issue. She noted that she has received
phone calls regarding vehicles blocking the view of a mother who was somewhat handicapped
which was *enablin preventing her from looking out for her child. Councilmember Spiro
clarified that the Council never stated that they wanted to impose more restrictions.
*C O R R E C T 10 N ABOVE from 11/9/99 City Council meeting: Per Councilmember Spiro (deletion lined out/addition underlined)
Councilmember Mackenzie stated that he supports the current Ordinance and that he intends to
introduce a companion motion asking the City Attorney to review the current Ordinance, in
terms of clarity, and to direct the Director of Public Safety to make a presentation on how they
would. enforce the Ordinance.
Mayor Reilly stated that even though aesthetics appears to be an issue, does not mean that
there is not a safety issue, or that it should not be a safety concern. He stated that he does not
feel that further Committee meetings will change anything, and that the status quo should
remain.
FRollneri Park City Council Minutes �1d9� ^— ._.._._�ctolser 26, 19991
Vice -Mayor Vidak- Martinez stated that it is a fairly standard policy for a legislative body to
review the policy and Ordinances on a regular basis and that she thinks it is good to write
Ordinances in plain English whenever possible.
COUNCIL ACTION:
Upon motion by Councilmember Flores, seconded by Vice -Mayor Vidak - Martinez, to
maintain the status quo for recreational vehicle parking and to research the possibility for a
municipal lot to provide the opportunity as an alternative storage for individuals who want this
option, was approved 4 -1 with Councilmember Spiro dissenting due to safety issue concerns.
Upon motion by Councilmember Mackenzie, seconded by Councilmember Spiro, and
unanimously approved, directing the City Attorney to review designated sections of the
City's existing ordinance for recreational vehicle parking, Section 1734.23, for clarity and
compliance with the State Motor Vehicle Code and other laws and, also, that the Public Safety
Director review, comment, and appear before this Council to provide a report on the proposal
for compliance and enforcement of this ordinance as currently written.
MAYOR REILLY CALLED FOR A BREAK AT 9:29 P.M.
THE MAYOR RECONVENED THE COUNCIL MEETING AT 9:37 P.M.
13. PLANNING AND ZONING MATTERS:
• File No. 1799 Wilfred /Dowdell Specific Plan Environmental Impact Report
1) Staff report
City Manager Netter stated that Planning Director Schulenburg would
provide a review of the Report. City Manager Netter noted that this matter
had been scheduled for a continued Public Hearing.
Planning Director Schulenburg apologized for the lateness in providing the
Council with the staff report. Ms. Schulenburg noted that when preparing
the final Statement of Overriding Consideration staff found that existing
State Law prohibits the adoption or amendment of a specific plan unless the
plan is consistent with the City's General Plan. Planning Director
Schulenburg summarized the three options available to the Council as noted
on pages 2 and 3 of the summary report. They were: 1) reassess the
viability of the project; 2) approve the plan and direct staff to prepare a
General Plan Amendment, and 3) staff's recommendation to continue review
and the public hearing on the Wilfred Dowdell Specific Plan and FEIR to an
undetermined date to allow staff adequate time to assess the feasibility of
interim improvements to the Redwood Drive /Commerce Boulevard
underpass. She noted that this was a public hearing.
COUNCIL DISCUSSION:
Councilmember Mackenzie pointed out that the Council has discussed the
possibility of the construction of an *undef over -pass from State Farm Drive to
Business Park Drive. Councilmember Mackenzie asked if mitigation impacts of
such an overpass had been considered. Ms. Schulenburg responded yes.
*C 0 R R E C T 10 N ABOVE from 11/9/99 City Council meeting: Per Councilmember Mackenzie (deletion lined out/addition underlined)
ohnert Park City Council Minutes (11 October 26, 1999
City Attorney Strauss commented that, in its' present form, the proposal is
inconsistent with the General Plan and could not be approved.
Mayor Reilly asked, regarding the four (4) sections of the roadway on
Redwood Drive: (1) the bike path, (2) the curve lane, (3) railroad tracks, and (4)
another section, whether it would be feasible to move up the train tracks to free
up 2 lanes.
City Engineer Gaffney stated that it would be more feasible to move bike paths
rather than to move the railroad tracks. He stated that the only alternative is to
look on the other side of the roadway and to push the bike path back. He stated
that he would have to confer with a traffic consultant on the best alternative.
Councilmember Spiro asked if it was possible to put the bike path on top of the
aqueduct by moving it to the other side of the street.
City Engineer Gaffney stated that Councilmember Spiro's suggestion may be
the best alternative.
Councilmember Mackenzie strongly recommended looking at relocating bike
paths to the Northeast side.
2) PUBLIC HEARING (cont'd from 10/12/99 Council meeting)
MAYOR REILLY CONTINUED THE PUBLIC HEARING FROM THE 10/12/99
COUNCIL MEETING AT 9:50 P.M. No one responded to the Mayor's invitation to speak
at this time regarding the Wilfred/Dowdell Specific Plan and FEIR.
MAYOR REILLY CLOSED THE PUBLIC HEARING AT 9:52 P.M.
City Attorney Strauss commented that it would be appropriate to re- advertise the public
hearing on this matter.
COUNCIL ACTION:
Upon motion by Councilmember Mackenzie, seconded by Councilmember Spiro,
Council approved by a 3 -2 vote, with Councilmembers Flores and Vidak- Martinez
dissenting, to continue review, complete studies, and to duly notice and schedule
another public hearing for the Wilfred Dowdell Specific Plan and FEIR as
expeditiously as possible as recommended by staff to allow staff adequate time to
assess the feasibility of interim improvements to the Redwood Drive /Commerce
Boulevard underpass.
Councilmember Vidak- Martinez agreed with Councilmember Flores suggestion to
move forward particularly with the General Plan issue and expressed the need to
move the project forward.
liohnert Park City Council Minutes (12) October 26, 19991
Councilmember Mackenzie thanked staff for their report and for presenting the
options to be considered. He stated that he looks forward to the matter being
continued.
14. CITY WEB SITE - COUNCIL. MEMBER PAGES
1) Staff report
City Manager Netter stated that Building Official Lee Braun was present with the
staff report on this item. City Manager Netter stated that staff needs Council's
input for any revisions to the City's web site design. The question is what
information do you want on the web. City Manager Netter noted that he has
requested the City Attorney to investigate legislature on how information is
displayed as it pertains to web sites and information.
Councilmember Spiro questioned the legality of the City paying for Website
coverage for Councilmembers due to being elected and related restrictions on
public funds.
City Attorney Strauss stated that there are certain pieces of mail that can and
cannot go out on the Internet with pictures on them. However, the FPPC has
different opinions that have been passed on to Mr. Braun. She stated that the
regulations are very strict and that distinctions are made between internet access
and other types of publications. For reasons of its own, FPPC seems to indicate
that pictures of elected individuals on the internet are acceptable.
COUNCIL ACTION:
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie,
subject to photograph verification by the City Attorney, staff's recommendation
for Council Members' web pages on the City's Web Site was approved 4 -1 with
Mayor Reilly dissenting.
Councilmember Vidak - Martinez requested that the Website provide educational
information such as *hew to reach Cetin il-membe, s and when an where fn et
v llll\L YY 11Vt1 {113U where 111V Vllltgr,7
are held the role and responsibility of Councilmembers and how to participate in
Council meetings.
*C O R R E C T 10 N ABOVE from 11/9/99 City Council meeting: Per Vice Mayor Vidak - Martinez (deletion lined out/addition underlined)
EXTEND CITY COUNCIL MEETING PAST 10:00 P.M.
Upon motion by Councilmember Mackenzie, seconded by Vice -Mayor Vidak-
Martinez, Council unanimously approved extending the City Council meeting past
10:00 p.m. to finish items on the agenda.
15. MOBILE HOME PARK MATTERS:
1) Mobile Home Space Rent Control re. Tom Woodcock request for consideration
• Staff' Report & City Attorney Response
City Manager Netter stated that City Attorney Strauss had prepared a
memorandum outlining details in response to the previous request from Mr.
Woodcock, GSMOL President.
ohnert Park Cit y Council Minutes (13) October 26, 1999
City Attorney Strauss stated that the City's existing Ordinance provides that
after February 1 of each year, the maximum allowable rent may be increased
without an application to the Rent Appeals Board, not to exceed the increase
in the CPI during the preceding 12 months. She stated further that the Rent
.Appeals Board set the maximum allowable rent increases, effective 2/1/2000
at 4 %. She stated that to the extent the maximum annual adjustment is lower
than the CPI, property owners should be provided with the ability to maintain
operating income, and that the City would have no discretion to change.
Tom Woodcock, 195 Verde Circle, Rohnert Park, CA: Mr. Woodcock
stated that homeowners have only had two options. He stated that the Mobile
Home Ordinance, under findings and statements, states that the Rohnert Park
General Plan maintains and preserves existing stock of affordable housing.
Mr. Woodcock stated that mobile homes are a part of the existing housing
stock, He stated that these statements are no longer true. Mr. Woodcock
stated that he feels that everyone is out to make money. He stated that people
chose mobile home living because it was affordable. He poetically stated that
there is no prosthesis available for an amputated spirit.
COUNCIL DISCUSSION:
Councilmember Spiro pointed out that the City's Agreement with Hillsboro
has specific provisions, and questioned the impacts on this Agreement if the
Council implements the proposed recommendations.
City Attorney Strauss stated that there are two issues regarding moving
forward 1) Hillsboro settlement and 2) 4% increase that has been adopted
effective 2/1/2000. City Attorney Strauss stated that if the Council wants to
move forward that they would need to amend the current Ordinance. She
stated that this would require a Public Hearing with the Rent Appeals Board
and a 4/5 vote. City Attorney Strauss stated that she has not discussed impact
with owner or its representative. She stated that any changes could
potentially present a problem given that the notices have gone out for
2/1/2000 increase.
Mayor Reilly stated that he supports the idea to start a process to change the
existing Ordinance.
Councilmember Flores expressed concern that mobile homes are no longer
affordable housing. Councilmember Flores stated that there is a need to
further discuss this problem.
City Attorney Strauss requested an opportunity to follow up on this matter.
May Reilly stated that CPI could be affected by many factors, such as
price of gasoline, which could up the CPI and not necessarily affect social
security increased. Our concern should be for those with limited incomes.
Feels that efforts would be well forth process.
ohnert Park City Council Minutes 14 October 26, 1999
COUNCIL. ACTION:
Upon motion by Councilmember Spiro, seconded by Mayor Reilly, and
unanimously approved, for the City Attorney to continue with the review of
what impacts this would have on the current settlement negotiations and to
proceed with reviewing this matter with Hillsboro owners.
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PROPERTY
1) Staff report
City Manager Netter stated that staff has brought back staff report on T's
Academy proposal.
City Manager Netter asked for direction from the Council regarding the
policy. He stated that the question is whether or not the land should be
considered for this project at this time, or if it should be considered for
economic development projects in the future. City Manager Netter stated that
3.3 acres would be approximately $575,000 at $4.00 per ft. City Manager
Netter stated also that there is a question of what to lease the property for.
Councilmember Vidak- Martinez asked for an EIR report on the land.
City Manager Netter informed Councilmember Vidak- Martinez that City
Engineer Gaffney noted that Gaffney has ordered an EIR and that it should
be completed within 6 weeks or so. City Manager Netter stated that the
Appraisal may take longer to complete.
Mayor Reilly pointed out that T's Academy proposal request goes back to
1991. Mayor Reilly stated that the question now is can we move forward
from this great idea.
Reverend Tharpe summarized his proposal. He stated that the primary use of
the facility is to serve hard -to -serve youth and provide services such as family
counseling. Reverend Tharpe stated that his academy still receives calls from
parents needing assistance from the Academy, as a 24 -hr. or 72 -hr. residency
place.
Councilmember Flores stated that he has been aware of Reverend Tharpe's
commitment and with his financial limitations. He stated there has always
been support for the concept. Councilmember Flores suggested to cluster
projects and make available at lowest possible basis, recognizing that the
project will not be making money.
Councilmember Mackenzie asked if the Academy has financial backers.
Reverend Tharpe stated that basically his organization does grassroots
fundraising efforts.
ohnert Park City Council Minutes 15 October 26, 1999
Councilmember Mackenzie recommended the support of the Council for the
use of the facility, and recommended that the Academy come back with a
concrete fundraising proposal.
Mr. Brad Muster requested Council consideration to put the land aside for the
project prior to the Academy starting fundraising efforts.
Mayor Reilly clarified that the Academy needs commitment from the City .
COUNCIL ACTION:
Upon motion by Councilmember Mackenzie, seconded by Councilmember
Spiro, and unanimously approved, for staff to proceed with preparation of a
site agreement for T's Academy to have the sole option of a 3.3 acre site
adjacent to the Rohnert Park Animal Shelter until June 1, 2001, for the
possibility of constructing T's Academy for youth who do not acclimate to the
regular community environment.
1.7. NON - PROFIT GROUPS LEASE SPACE ASSISTANCE
1) Youth & Family Outreach Center
a) Staff report
Management Analyst Fogle reported on proposed lease for
Youth and Family Services Community Outreach Center and
Technology Center lease. Analyst Fogle stated that the lease
agreement may be revised to change liability clause after
review.
COUNCIL ACTION:
Resolution No.
99 -230 APPROVING LEASE AGREEMENT FOR YOUTH &
FAMILY OUTREACH CENTER AND FUNDING FOR
RENTAL ASSISTANCE
Upon motion by Councilmember Flores, seconded by
Councilmember Spiro, and unanimously approved, reading was
waived and Resolution No. 99 -230 adopted.
2) SCAYD Sonoma County Associates for Youth Development)
a) Staff report
Management Analyst Fogle summarized the Agreement and
stated that all requested changes had been made.
COUNCIL ACTION
Resolution No.
99 -231 APPROVING FUNDING AGREEMENT WITH
SCAYD FOR RENTAL ASSISTANCE
ohnert Park City Council Minutes (16 ) October 26, 1999
Upon motion by Councilmember Mackenzie, seconded by Vice -
Mayor Vidak- Martinez , and unanimously approved, reading
was waived and Resolution No. 99 -231, was adopted.
18. ECONOMIC DEVELOPMENT EFFORTS /CITY CENTER PROUJECT
• Staff report - Update & Discussion
City Manager Netter summarized the staff report on this item. He stated that
a report had been provided summarizing ideas, decisions, and actions
discussed by City Department Beads at the Team Management Meeting held
10/19/99 regarding proposed goals and objectives for economic development
and viability of Rohnert Park. He pointed out that a major discussion was
held on the infrastructure of which an item has evolved regarding the
availability of putting another lane under the freeway. He stated that staff is
looking at possibility of having an additional lane under the freeway at Wilfred
Ave. as well as an emergency road to be used temporarily to facilitate traffic
to the west side without the possibility of building an overpass at State Farm.
City Manager Netter noted that items 1 -9 on staff report were also addressed.
City Manager Netter informed the Council that a comprehensive report on
these efforts will be compiled and presented as a City Management Report on
Economic Development to the City Council. He noted that teams have been
developed on each item to address the items. He indicated that the effort in
economic development will continue and can work in conjunction with the
City Hall project.
City Manager noted that timelines are critical particularly for City Center
Development with the City Hall, as it would make economic sense to
complete the City Hall with the same timing as the Library project.
COUNCIL ACTION
Upon motion by Councilmember Mackenzie, seconded by Councilmember
Spiro, with Vice -Mayor Vidak- Martinez and Mayor Reilly dissenting, Council
approved by a 3 -2 vote, to schedule the City Hall matter on the next agenda
for consideration to continue with the Library taming.
19. COUNCIL YEAR 2000 PROJECT - MATTERS RELATED TO THE
GENERAL PLAN PROCESS
1) General Plan Oversight Committee update VVM /JM)
Councilmember Vidak - Martinez announced scheduled meetings and encouraged
attendance.
Councilmember Mackenzie reported on the last meeting and stated that, with advice
of City Attorney Strauss, Council needs to look specifically at what mitigation
measures are required, other than the question on proposed urban growth boundary to
take to LAFCO. These would include: community fields, possible golf course, and
community green belts. He reported that the Committee plans to ask for advice on
how to proceed. Councilmember Mackenzie stated that the Committee is not going to
LAFCO with draft litigation plan.
12ohnert Parr City Council Minutes (17) October 26, 1999
Vice Mayor Vidak- Martinez stated that they would not be scheduling a lot of
Ad hoc Committee Meetings. Councilmember Vidak - Martinez requested that
staff provide a regular update on activities with reference to the timelines.
Councilmember Mackenzie noted that the draft GP and Draft EIR will be
coming before the Council soon.
Councilmember Spiro asked when Council would review ballot measures for
review, pointing out that we only have two meetings.
City Attorney Strauss noted this item should be included on 11/9/99 meeting.
2) Community Education Workshop for General Plan a& Draft EIR, 6:30 p.m.,
Wed., Oct 27, 1999 Rohnert Park Community Center
Mayor Reilly announced this workshop. City Manager Netter informed the
Council that staff and the facilitator would run the workshop.
20. ORCHESTRA SONOMA LETTER REQUEST TO CANCEL LOAN
City Manager Netter reported that this item was discussed briefly at the last
Council meeting and is referred to this agenda for consideration. City Manager
Netter stated that Orchestra Sonoma is asking for forgiveness of loan.
Mayor Reilly asked if there was a way of not forgiving a loan but not taking it off
books.
Councilmember *Fleres Spiro expressed concern with regard to unpaid bills. He
stated that he would like to be assured that people are paid for services they
provided.
*C O R R E C T 10 N ABOVE from 11/9/99 City Council meeting: Per Councilmember Flores (deletion lined out/addition underlined)
City Manager pointed out that liabilities made in the past were covered.
Councilmember Flores stated that historically, the Arts have not been money-
making ventures. He noted he would appreciate it if another orchestra would
come forth. Councilmember Flores expressed the need to continue to foster and
feels City made good effort initially, and we should still pat them on their back for
their services.
COUNCIL ACTION:
Upon motion by Councilmember Flores, seconded by Vice -Mayor Vidak - Martinez,
Council approved by a 3 -2 vote, with Mayor Reilly and Councilmember Spiro
dissenting, to waive the loan to Orchestra Sonoma as requested, in the amount of
$10,000, due to circumstances with notation that in the event that Orchestra Sonoma
is ever re- instituted, the City Council would like to see consideration given to the
possibility of some repayment of this loan.
ohnert Park Citv Council Minutes (18 ) October 26, 1999
21. ROTARY CLUB REQUEST FOR TEMPORARY STORAGE SPACE IN PAL
BUILDING FOR PERU HOSPITAL EQUIPMENT
City Manager Netter summarized the staff report on this item and noted that Council
had requested that the matter be brought back to the Council. City Manager Netter
stated that space is available for the Rotary Club to use for temporary storage in the
Pal Building. City Manager Netter acknowledged the presence of Ms. Vida Jones,
President, Rotary Club.
Council concurred to approve the above request.
22. ST. ELIZABETH SETON CHURCH DEVELOPMENT FEE OBLIGATION
UPDATE
City Manager Netter acknowledged the presence of Father John Griffith. City
Manager summarized the staff report on this matter. He pointed out that Building
Official Braun's research had discovered that development fees were not charged
at time they should have been charged back to 1986. City Manager Netter stated
that the total Church's obligation is payable in three installments of $27,864.00.
Councilmember Spiro asked if this proposal is the same arrangements as with other
churches.
COUNCIL ACTION:
Upon motion by Vice -Mayor Vidak- Martinez, seconded by Councilmember Spiro,
unanimously approved, for the total development fees for St. Elizabeth Seton
Church be paid in three installments of $27,864.00 of time frames previously
designated for 1/3 at time of occupancy, and 1/3 on anniversary date of occupancy
in each of the next two years.
23. COUNCIL COMMITTEE & /OR OTHER REPORTS
1) Parks & Recreation Commission meeting (AD
Councilmember Mackenzie reported that the Parks and Recreation
Commission would like to have a meeting with the City Council to discuss
capital budget issues. Councilmember Mackenzie stated that the Council has
requested prior discussions on priority listings and he feels that a meeting in
April would educate the Council and help them in their decisions on
expenditures and capital funds. Councilmember Mackenzie stated that he
would continue to meet with the Commission quarterly and report back to the
Council.
Council agreed to meet with the Commission in April.
2) Other, if any
Mayors' and Councilmembers' Association Meeting
Councilmember Spiro reported that she attended the Executive Board meeting
of the Mayors' and Councilmembers' Association on behalf of the Mayor.
She stated that a good presentation on the joint project was provided by the
lZohnert Parr City Council Minutes (19) October 26, 1999
Chiefs. Councilmember Spiro stated that an interesting discussion was held as
part of the meeting and it was agreed to send a letter of congratulations to the
longest seated elected official in the State of California, Eleanor Berto.
Councilmember Spiro stated that Ms. Berto has worked as the City Clerk of
the City of Sonoma for 40 years.
3) Human Services Commission (VVM)
Vice -Mayor Vidak- Martinez reported that she has been attending the
9e }
lest Human Services Commission on behalf of the Mayor's Association. She
reported that a presentation was made by United Way. She stated that the
organization would be changing the way they fund local agencies.
Regarding the " y ^'ry Committee of Senvaaaie Count"
Ghildren's and -Tarn lies First Genvnissio n Human Services Commission,
Councilmember Vidak- Martinez stated that plans are being made to go out
into the community gathering ideas on what they would like to see in the
community for services for *3at -rim school children *4 zero to five ,years of aye.
Regarding efforts of the Anti- truancy efforts in Cotati/Rohnert Park, the
*5Cew sie1� School Attendance Review Board is reviewing cases of kids to
try and catch kids who are falling between the cracks to avoid another
incident like the Georgia Moses incident.
* 1,2,3,4&5
C O R R E C T 10 N S ABOVE from 11/9/99 City Council meeting: Per Vice Mayor Vidak - Martinez (deletions lined out/additions underlined)
4) Sonoma County Transportation
Councilmember Mackenzie reported working on Vision document for
Transportation Year 2020 to provide basis for Countywide Transportation
Plan. He noted efforts would be made to put a petition on the March 2000
ballot, which will cause a huge uproar. Councilmember Mackenzie stated that
he would keep the Council informed of developments.
5) Hands Across the County
Councilmember Spiro spoke regarding the success of the "Hands Across the
County" project. She thanked Councilmember Mackenzie for his hard work
and support.
24. COMMUNICATIONS:
1) Mayor Reilly and Vice -Mayor Vidak - Martinez referred to Communication No. 43
from Resident Marie Knetzger requesting sidewalk access provisions in the vicinity
of Safeway for the physically impaired who need to use electric scooters. City
Manager Netter signified that this letter was referred to City Engineer Gaffney for
handling and response; and also, to provide a status report for Council's information
regarding when the Safeway remodel project is anticipated to be completed.
2) Mayor Reilly referred to Communication No. 27 from the Lewis Hine Awards
requesting up to two nominations of individuals recognized for outstanding service
to youth and children. Council concurred to refer this letter to the Community
Outreach for Youth & Family (COYF) Commission for handling.
Rohnert Park Citv Council Minutes (20) October 2fr, 1999
3) Mayor Reilly referred to Communication No. 39 from resident Pete Robertson
requesting clarification of definitions of the roster for Junk Guns according to the
recently adopted ordinance. City Manager Netter signified that this letter was
referred to Director of Public Safety Rooney for handling.
4) Vice Mayor Vidak - Martinez referred to Communication No. 55 from Cris Caton
indicating her resignation from the COYF Commission. Vice Mayor Vidak-
Martinez signified that Cris Caton was her nomination and requested staff to
proceed with nnnrnnrinte latter near the NAnvnr'c c;crnat,,ra avnrr�e einrr rn(srnta �nr
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this resignation and appreciation for serving, and to prepare the publication notice
for this vacancy.
25. MATTERS FROMIFOR COUNCIL:
1) City Commission and Non -Profit Review (JR)
Mayor Reilly suggested the need to consider discussion of this matter as an
action item to come up with criteria regarding attendance with various
commissions. Mayor Reilly expressed concern with attendance factors on
various Boards and Commissions, and requested to place this item on the next
meeting agenda.
Non Profits Review
Mayor Reilly commented that good policy for non -profit organizations to
come before council to request forms. Mayor Reilly suggested formalizing
procedure on how non - profits solicit funding, and asked that this matter be
agendaed for a regular Council Meeting.
Vice -Mayor Vidak- Martinez concurred with Mayor Reilly's suggestion and
suggested that the City review their procedure during the budget process.
Council concurred and requested that this item be placed on the next agenda.
2) League of Calif. Cities' Legislative Implementation Briefing, 9:30 a.m.-2:00 p m ,
Wed., Nov. 3, 1999, The Wyndham Hotel Los Angeles Airport &
Thurs., Nov. 4, 1999 Hyatt Hotel, San Jose Airport
This was an informational item.
3) Right to Farm Ordinance (County) (JR)
Mayor Reilly asked for Council's approval to *supper-t a endize this item.
Councilmember Spiro asked that this item be agendaed to discuss further.
*C O R R E C T 10 N ABOVE from 11/9/99 City Council meeting: Per Mayor Reilly (deletion lined out/addition underlined)
Council requested staff and the City Attorney to review this item and to
report back to Council on its affects on our boundaries and how it affects
Rohnert Park.
* 1&2 C O R R E C T 10 N S BELOW from 11/9/99 City Council meeting: Per Councilmember Spiro (deletions lined out/additions underlined)
4) Railroad Crossing(LS)
Councilmember Spiro stated that it has been eight (8) years of discussion on
this project and that she was *1surpr-ised frustrated. She expressed interest in
knowing *thew when it would be implemented.
ohnert Park Citv Council Minutes 21 October 26, 1999
City Manager Netter stated that staff is working with the Railroad on this
effort.
Councilmember Spiro suggested the need to contact our elected officials to
get project moving. .
5) Library Project Construction(AF)
Councilmember Flores reported on the Library project construction. He
noted that Chris Noll, would be prepared to go forward and requested that
City Manager Netter provide a timetable to Council.
26. CITY MANAGER'S REPORT:
1) HUD Revised Consolidated Plan Timetable /includes CDBG Program
City Manager Netter stated that this was an informational item. City
Manager pointed out that the timetable has been revised, and suggested
that the Council consider the project for next year.
2 & 3) Japanese Garden Update and Snyder Lane Mini park @ Performing Arts
Center
City Manager Netter noted item has been discussed in the past and was
provided for Council's review. City Manager Netter stated that the cost
for the proposed garden is estimated at $125,000 and that this amount has
not been budgeted. City Manager Netter stated that he would bring back
the budget proposals for consideration to the Council.
Vice -Mayor Vidak- Martinez stated that she is very interested in completing
the Garden. Councilmember Flores stated he would like to see both
developments completed including the lot in front of the Performing Arts
Center by spring to enhance the complex.
Councilmember Spiro asked if landscape is intended to be for
sitting/reading and not activities.
The Council concurred to consider both projects for funding.
4) Miscellaneous, if anv
There were none.
27. CITY ATTORNEY'S REPORT
1) Items from Closed Session
There were none.
ohnert Park City Council Minutes 22 October 26, 1999
2) Kolm Mobile Home Liti ation/Case - _Status Report
City Attorney Strauss noted Mr. Kohn's concerns. In response to his
concerns, she reported that the petition was granted, and that the matter has
been deferred pending Hillsboro. City Attorney requested the opportunity to
gather more information and report back to Council.
3) E -Mail Amongst CouncilmembersBrown Act Issues
Vouncli 11G111ue AlaCrUN1G1G aa1\Gu 11 L11C.1G 11aJ uGG11 ally FUIIIiy legalUlllg W114L
we may or may not do on E -Mail. City Attorney responded that as a basic
rule, e -mail should- be considered as talking on telephone and the City e -mail
policy should be adhered to. She will review the policy and report back to the
Council on any necessary modifications.
4) Councilmembers on Political Action Committees/Expenditure of Public Funds
Councilmember Mackenzie stated that he and Vice -Mayor Vidak- Martinez
are on the Sub Committee regarding the UGB and 3/2000 election and
requested the City Attorney to advise the Council about their obligations and
prohibited actions once the Council requests that an UGB measure be placed
on the ballot for March 7, 2000 primary.
City Attorney responded regarding spending public funds and using time, as
an overview, law does allow as individual members of Council to be involved
as individual in political activities.
There were no Rohnert Park District Matters to discuss.
28. ADJOURNMENT: There being no further business, Mayor Reilly adjourned the
meeting at approximately 11:40 p.m. to a Workshop on Wednesday, October 27, 1999 at
6:30 p.m. at the Rohnert Park Community Center, 5401 Snyder Lane, Rohnert Park.
Teresa Taylor -King, corder
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