2000/01/11 City Council MinutesCity of Rohnert Park Concurrent Meetings Minutes
for
City Council /Community Development Commission/
Rohnert Park Financing Authority
January 11, 2000
The City of Rohnert Park Members of the City Council, Community Development Commission
and Rohnert Park Financing Authority met this date in regular session for concurrent meetings
commencing at 6:00 p.m, in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with
Mayor Vicki Vidak- Martinez presiding.
Prior to convening the regular session, the Council met in Closed Session to consider personnel
matters and litigation matters as listed on the agenda attachment.
CALL TO ORDER: Mayor Vicki Vidak- Martinez called the regular session to order at
approximately 7:16 p.m. and led the pledge of allegiance.
ROLL CALL: Present: (5) Councilmember Flores, Mackenzie, Spiro, Reilly, and
Mayor Vidak - Martinez
Staff present for all or part of the meeting:
City Manager Netter, City Attorney Strauss, Assistant City Manager Leivo, and Public Works
Manager Bill Stephens.
Mayor Vidak- Martinez called for an invocation from Father John Griffin to open the first meeting
of the Millenium,
1. INVOCATION TO START THE NEW YEAR
• By Father John Griffin, St. Elizabeth Seton Church
Father Griffin opened the Council meeting with an invocation.
2. CLOSED SESSION: Mayor Vidak- Martinez reported on the closed session
which commenced this evening at 6:00 p.m. to discuss matters listed on the agenda
attachment, representing an update. Mayor Vidak- Martinez read the items listed on the
agenda attachment. She noted that discussion of the City Manager's Annual evaluation
was deferred and all the other items listed were discussed. No action was taken and there
was nothing further to report at this time.
City of Rohnert Park Concurrent Meetings Minutes (2) January 11, 2000
IL
for Cary CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
3. APPROVAL OF MINUTES - DECEMBER 14 & 16,1999:
• Meeting of December 14, 1999
Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, the
minutes of the December 14, 1999 City Council meeting were approved 4 -0 -1, with
Councilmember Reilly abstaining due to absence from the majority of the meeting,
being present only during the first two pages of the minutes, as amended with the
following corrections:
Councilmember Spiro signified one correction to the December 14, 1999 minutes on
page, 15 under Council Discussion. She noted that her comment should state General
Plan update, not budget update.
• Adjourned Meeting of December 16 1999
Upon motion by Vice -Mayor Mackenzie, seconded by Councilmember Spiro, the
minutes of the December 16, 1999 Adjourned Meeting were unanimously approved,
as amended with the following corrections,
Mayor Vidak - Martinez signified two (2) corrections to the December 16, 1999
Adjourned Meeting Minutes as follows:
On page 3, 4th paragraph, of her statement acknowledging the presence of
Superintendent of Schools, Jan Heffi-on, it should signify, "and Members of the Board
of Education of the Cotati - Rohnert Park School District; and, in the 5th paragraph, to
change Child Care Services to read Catholic Youth Organization.
4. APPROVAL OF BILLS/DEMANDS FOR PAYMENT
CONCURRENTLY FOR:
• City of Rohnert Park/City Council
• Community Development Commission
Upon motion by Councilmember Flores, seconded by Vice -Mayor Mackenzie, City
bills presented per the attached list in the amount of $1,265,100.,10 dated December
28, 1999 and $1,540,401.43 dated January 11, 2000, and bills presented per the
attached list for the Community Development Commission in the amount of
$118,712.03 dated January 11, 2000 were unanimously approved.
5. ADDING INFORMATIONAL NON - AGENDAED MATTERS:
Councilmember Flores requested to report on two items: 1) AFTA Committee; and 2)
Railroad Crossing,
Vice -Mayor Mackenzie asked to provide brief reports on two items: 1.) Sonoma County
Transportation Authority (SCTA) meeting, and, 2) Technology Committee.
Citv of Rohnert Park Concurrent Meetings Minutes (3) January 11, 2000
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park Distract
6. YOUTH REPRESENTATIVE to the CITY COUNCIL
from 1999 -2000 Youth of the Year Program selections
1) Recognizing Youth Representatives:
Senior Manisha Hall and Juniors Harjit Banwait and Nathan Becker
• Youth report/comments
Youth Antoinne Carter began the Youth Report on behalf of Senior Hall. He
reported that the school continues to have problems with traffic. He requested
Council consideration for the installation of a stoplight,
Youth Nathan Becker asked if a Councilmember would like to volunteer to
serve as an Advisor for a Youth Committee that will address recommended
improvements in many areas for the City, with emphasis on sports and
recreation improvements for the City.
Councilmember Spiro volunteered to serve as a Councilmember Advisor to the
Youth Committee.
Senior Representative Hall informed the Council that the Youth are conducting
a survey focusing on those areas that are not being offered in the City. She
noted that the survey would be conducted at the school and at the Recreation
Center. She noted further that questions would be asked about the
maintenance of the parks. She reported further that a follow -up report would
be made on the results of the survey in April. She pointed out that if the
established goals are not met this year that the Juniors will follow -up with the
goals of the project.
Youth representatives asked Councilmembers what their priority areas of
concern were.
Mayor Vidak - Martinez stated that the area of racism would be her concern,
Councilmember Reilly noted that the area of sports, Vice -Mayor Mackenzie
stated that he was interested in the City Center project, and Councilmember
Spiro noted that her interest was with the Dance Club.
7. SONOMA STATE UNIVERSITY ASSOCIATED STUDENTS, INC.
REPRESENTATIVE
• Recognizing SSU Associated Students, Inc. Representative Senior Brian Talbot
Senior Talbot was not present and there were no other youth representatives present from
SSU.
8. UNSCHEDULED PUBLIC APPEARANCES: Mayor Vidak - Martinez
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
time limit).
_City of Rohnert Park Concurrent Meetinl4s Minutes (4) January 11, 2000
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
Mayor Vidak- Martinez clarified that this item was on the agenda to allow those present
who wished to speak on items not on the agenda, or if on the agenda but who are unable
to speak at the scheduled time.
Mayor Vidak- Martinez stated that speakers on the mobile home park matter would be
held over until that agenda item is addressed.
1. Mr. Fredericks announced the death of Rohnert Park resident Iona Sime,
owner of Las Casitas Mobiiehome Park. He noted that Ms. Sime is the widow
of the late Harry Sime who was a broker in the late 1950's and marketed the
first bonds for the development of Rohnert Park. He pointed out that the
proceeds from the bonds built the first sewer plant and first well site in the
City.
9. CONSENTCALENDAR
Mayor Vidak- Martinez asked if there were any questions regarding matters on the
Consent Calendar, which were explained in the City Manager's Council Meeting
Memo.
A. Acknowledging City Manager /Clerk's report on posting of the meeting's agenda
B. Accepting Cash/Investments Report for Month End, October 31, 1999
concurrently for:
• City of Rohnert Park/City Council
• Community Development Commission
• Rohnert Park Financing Authority
C. Resolutions for Adoption:
Mayor Vidak - Martinez read Resolution Titles.
Councilmember Reilly requested to pull Resolution No. 2000 -02 for
discussion.
Resolution Nos.:
2000 -01 IN SUPPORT OF PUBLIC BROADCASTING DAY AND
RECOGNIZING WEDNESDAY, JANUARY 19, 2000 AS "PUBLIC
BROADCASTING DAY IN CALIFORNIA"
2000 -03 REFUSING AND /OR REJECTING SINGLE BID RESPONSE FOR
TRAILER MOUNTED WEED SPRAYER
City of Rohnert Park Concurrent Meetings Minutes (5) January 11, 2000
for City Council/Community Development Commission/Rohnert Park Financing Authority/Rohnert Park District
2000 -04
CALLING FOR SEALED PROPOSALS FOR RESURFACING TENNIS
COURTS AT DOROTEA PARK AND LADYBUG PARK
2000 -05
AWARD OF CONTRACT FOR SIDEWALK REPLACEMENT
2000 -06
ENDORSING THE COMMITTEE ON THE SHELTERLESS
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
2000 -07
ENDORSING THE RECREATION SCHOLARSHIP PROGRAM FOR
LOW -INCOME FAMILIES COMMUNITY DEVELOPMENT BLOCK
GRANT APPLICATION
2000 -08
ENDORSING THE AFTERSCHOOL RECREATION PROGRAM AT
RANCHO FELIZ MOBILE HOME PARK COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION
2000 -09
AUTHORIZING SUBMITTAL OF COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATIONS AND AUTHORIZING ADDITIONAL
FUNDS FOR THE PROPOSED CDBG PROJECTS
2000 -10
APPROVING AN EMPLOYEE COMPUTER PURCHASE PROGRAM
2000 -11
RATIFYING MEMORANDUM OF AGREEMENT WITH ROHNERT
PARK PEACE OFFICERS' ASSOCIATION (RPPOA)
2000 -12
RATIFYING MEMORANDUM OF AGREEMENT WITH PUBLIC
SAFETY DISPATCHERS
2000 -13
AUTHORIZING AND APPROVING CERTAIN SALARY RATE
ADJUSTMENTS AND CLASSIFICATIONS
D. APPROVING $12,465 FOR PAL BUILDING TEEN CENTER PROGRAM
FUNDING FOR FY 99/00
Upon motion by Vice -Mayor Mackenzie, seconded by Councilmember Flores; the
Consent Calendar, with the exception of Resolution No. 2000 -02, as outlined on the
meeting's agenda, was unanimously approved by a 5 -0 vote.
Resolution No.
2000 -02 OPPOSING SB1237 AND AB1309 DUE TO RESULT OF HIGHER
INSURANCE COSTS TO BUSINESSES AND ALL CALIFORNIANS IF
IMPLEMENTED
Regarding Resolution No. 2000 -02, Councilmember Reilly stated that he would
be opposed to this Resolution, since there is no attachment of the Bills. He
noted that there is no explanation that the Senate Bill 1237 and 1309 will affect
Rohnert Park. He suggested that staff provide Council with copies of the bills.
Mayor Vidak - Martinez requested that the resolution be deferred until the next
Council meeting.
City of Rohnert Park Concurrent Meetings Minutes (6) January 11, 2000
for City Council/Community Development Commission/Rohnert Park Financing Authority/Rohnert Park District
10. OTHER RESOLUTIONS FOR CONSIDERATION:
2000 -14 ENDORSING THE SONOMA COUNTY ASSOCIATES FOR
YOUTH DEVELOPMENT (SCAYD) COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION
City Manager Netter stated that a letter was provided to the Council regarding
Resolution No. 2000 -14 which proposed approval of Sonoma County Urban County
a,urfuiiurlity LJCVC10pr11en1 DIOCK Grant kuD13G) tunas in the amount of $15,000 to
provide family counseling services to low income families. He recommended approval
of the resolution.
COUNCIL ACTION:
Upon motion by Councilmember Flores, seconded by Vice -Mayor Mackenzie, and
unanimously approved, reading was waived and Resolution No. 2000 -14 was
adopted.
2000 -15 APPROVING A SECOND COOPERATIVE AGREEMENT
FOR COUNTYWIDE MULTI - AGENCY PROCUREMENT OF
COMPUTER ASSISTED DISPATCH - RECORDS
MANAGEMENT SYSTEMS AND MOBILE DATA
COMMUNICATIONS
Regarding Resolution No. 2000 -15, City Manager Netter summarized the staff report
on this item. He stated that the Agreement is a joint cooperative agreement with the
City of Rohnert Park, and the cities of Petaluma, Santa Rosa, Cloverdale, Cotati,
Healsburg, Sebastopol, Sonoma and Windsor for a Multi- Agency Procurement of
Computer Assisted Dispatch- Record Management Systems and Multi -Data
Communications. He noted that, of a $12 million dollar grant, Rohnert Park will
receive an $861,000 allocation for the system. He reported that the City Attorney of
all the agencies have reviewed the document. He pointed out that one minor change
was made to the final draft, which was distributed to the Council under separate cover.
He fUrther stated that the Agreement is lvr a three- (3' ) year program and that 6
months prior to the duration of the program, the City can decide it wishes to continue
with the project.
City Manager Netter stated that the concept is designed to save man- hours. He
pointed out that the program will be financed through a bond program, and that
smaller agencies will utilize a finance plan. City Manager Netter recommended
approval of the system.
City of Rohnert Park Concurrent Meetings Minutes (7) January 11, 2000
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
COUNCIL ACTION:
Upon motion by Councilmember Spiro, seconded by Vice -Mayor Mackenzie, and
unanimously approved, reading was waived and Resolution No. 2000 -15 was
adopted.
11. MOBILE HOME PARK MATTERS:
1) Proposed Amendments to the Mobilehome Ordinance
a) Staff Report
City Manager Netter stated that this item was duly noticed and scheduled
for a Public Hearing, and that Council has been provided with the
recommendations of the Rent Appeals Board. He expressed that the
issues are sensitive, and that the City. has been dealing with Ordinance No.
494 for 10 years. He commented that the City was hopeful that an
agreement would have been reached.
City Manager Netter summarized the recommendations of the Rent
Appeals Board as follows:
In summary, City Manager Netter noted the following recommended changes:
• By a vote of 4 in favor and one opposed, to not change the composition of
the Rent Appeals Board to include one member selected from mobile
home park residents who live in mobile home parks and one member
selected from a list presented by mobile home park owners.
• By a vote of four in favor and one opposed, the Board recommended to
amend the section on meetings to provide that the Board shall hold at least
one regularly scheduled meeting per quarter.
• By a vote of four in favor and one opposed, the Board recommended
changes to the fair net operating income to permit rent increases in rent
such that the landlord's net operating income shall be increased in an
amount not to exceed seventy -five percent (75 %) but in no event less than
sixty percent (60 %) of the percentage increase in the Consumer Price
Index over the base year.
• By a vote of four in favor and one opposed, the Board recommended that
Vacancy Decontrol should not be amended to allow the park owner to
increase the existing space rent upon rental or lease of a mobilehome on-
site to a prospective homeowner /resident or current homeowner /resident,
by an amount not to exceed fifteen percent (15 %) of the space rent.
• By a vote of four in favor and one opposed, the Board recommended that
limits to annual general adjustment formula should not be amended.
City. Manager Netter informed the Council that attorney fees would be paid
according to the previous court decision. He noted that any change to the
Ordinance would require a 4/5 vote of the Council.
Citv of Rohnert Park Concurrent Meetinl4s Minutes (8) January 11, 2000
for City CouncillCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
Mayor Vidak- Martinez requested that public comments be addressed regarding the
Ordinance only, and not the Hillsboro settlement. She stated that the Council wants. to
hear public comment, but that the comments must be done courteously. She stated
that each speaker would have 3 minutes to speak.
b) PUBLIC HEARING
MAYOR VIDAK- MARTINEZ OPENED THE PUBLIC HEARING AT 7:45 P.M.
1) Len Carlson 349 Circulo San Blas Rohnert Park CA: Mr. Carlson spoke in
opposition of the Hillsboro Settlement. He stated that the owners in
Burlingame remind him of Jerry MacGuirre. He commented that all of the
Agreements are in favor of the owners and there is nothing to benefit the
residents. Mr. Carlson spoke on behalf of the residents noting that they are
not afraid of being right and will speak for their rights.
2) Jessie Dray, 152 Walnut Circle, Rohnert Park CA: Ms. Dray summarized
her written report. She stated that she had prepared an alternate solution to
the Settlement. She suggested that the City deal with the back rent due
between 1987 to 1993 and consequently not to change the Ordinance or other
legal problems currently ongoing. She recommended that a set amount of
rent be charged for the period of time that Ordinance was declared
unconstitutional. She stated that the rent increases should be negotiated. She
informed the Council that residents do not want to be charged more than they
can afford.
3) Leslie Loken 41 Walnut Circle Rohnert Park CA: Mr. Loken stated that he
wished to provide a different perspective on the situation. He pointed out that
Ordinance No. 494 was put in place by the public and not by the City Council.
He further stated that any changes to the Ordinance should be voted on by the
public. Mr. Loken further informed the Council that in November of 1994,
the voters approved Measure L giving authority to the Council. He reminded
the Council that the public placed trust and confidence in the Council, and that
he does not see how, in good conscious, the Council could vote for
amendments to Ordinance No. 494.
4. Glenda Donahue 28 Hemlock Ct. Rohnert Park CA: Ms. Donahue stated
she has been a resident of Valley Village for 5 years. She commented that the
rent increases imposed on residents by owners have frustrated and aggravated
the residents. She reminded the Council that in April, 1999, a meeting was
held to present material for consideration of a possible settlement and that
strong majority of the residents said go back to City Council and request that
no settlement be made and to go to court. Ms. Donahue suggested that surely
there was a better way, and that she cannot believe this is the only solution.
In closing, she urged the Council to not approve the amendments to the
Ordinance.
Citv of Rohnert Park Concurrent Meetings Minutes (9) January 11, 2000
for City CouncitlCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
5. Nancy deMerle, 166 Walnut Circle Rohnert Park, CA :: Ms. deMerle spoke
in opposition of the settlement. She stated that she moved into her mobile
home 3 years ago so that she could afford to live. Ms. demerle stated, at the
time, the one assurance that she had was that there was rent control. She
expressed concern and stated that one of largest problems facing the County
is the lack of low and moderate income housing, and that she sees a major
reduction in the housing stock.
6. H. Flair, 180 Walnut Circle Rohnert Park, CA: Ms. Flair stated that low cost
housing are in short supply. She reminded the Council that we are One
Nation under God, and we should do unto others as you would have them do
unto us. She commented on the fact that residents are paying fairly high rents
and are doing their own gardening. She stated that the French had a
revolution. She expressed concern that the City may be looking at tents
because of homelessness. She further stated that Ordinance No. 494 was good
as it stood. Ms. Flair urged the Councilmembers to let the residents keep
their homes. She asked the Council to consider the best interests at heart and
informed them that one day they may walk in the shoes of the mobilehome
owners. She closed by informing the Council that everything they do will
come back to them.
7. Maggie Flynn 725 Collie Ave.. Santa Rosa, CA: Ms. Flynn voiced
opposition to the settlement on behalf of the Rancho Grande Residents
Association. She summarized the contents of the Ordinance. She stated that
the voters recognize that mobilehome park residents need protection. She
noted that mobilehome residents, not the City, would be paying to resolve the
litigation. Ms. Flynn commented that an additional $75.00 will be added to
space rents monthly. She reminded the Council that the purpose of the
Ordinance was to protect mobile home residents from unreasonable increases.
She expressed concern that the procedural safeguards set forth in the Rent
Control Ordinance are being bypassed. She stated that the City couldn't enter
into an agreement that defeats the purpose of an Ordinance adopted by its
citizens. In closing, she stated that if the Council cannot explain why the
settlement is fair and reasonable, they must vote against the settlement.
6. Roger Martin, 20 Circulo Lujo, Rohnert Park, CA:: Mr. Martin spoke in
opposition of the Hillsboro Settlement. He stated that the Council has a
chance of deciding right or wrong. He pointed out that even though the
majority of mobile home residents have expressed opposition to this
settlement, the Council continues to push it. He stated that the Council
couldn't take a City problem and force it on a small segment of the
community. He stated that the residents would not accept the settlement. He
stated that he has faith that it only takes 2 members to vote their conscious
and vote against the settlement.
Citv.of Rohnert Park Concurrent Meetings Minutes (10) January 11, 2000
for City Council/Community Development Commission/Rohnert Park Financing Authority/Rohnert Park District
7. Les Brown 351 Circulo San Blas Rohnert Park CA: Mr. Brown stated that
there are approximately 250 people involved, at $12,000 owed times 250 =
$3 million. He asked what choice would you take?
8. Jean Phillips, Regional Manager, Golden State Mobilhome Owners league,
Inc. (GSMOL): Ms. Phillips pointed out that her region covers 8 counties.
She noted that vacancy decontrol is important to mobilehome owners. Ms.
Phillips commented that the park owners always look at the highest rent to
justify raising other rents. Ms. Phillips noted that it was interesting that on his
way over to the meeting that she listened to a radio talk show, and the
commentator was relating that the nation has become less human. She stated
that the commentator shared that a child with Leukemia was upset because
someone was threatening to cut down her tree house because it was too high.
She reminded the Council that they have a chance to humanize this process by
considering the mobilehome owner's peace of mind.
9. Tom Woodcock 195 Verde Circle Rohnert Park CA: Mr. Woodcock stated
that the Sub - committee negotiated with 1 park owner, yet changes will affect
all mobile home residents and benefit those owners who did not negotiate. He
reminded the Council that the passage of the proposed changes would
severely handicap the owners' ability to sell their homes. He stated that the
homeowners want an opportunity to decide when they want to move, not be
forced to move. He mentioned that Councilmember Flores stated that
Councilmembers are not quitters. Mr.Woodcock stated that every 4 years
citizens list their goals for the City. He noted that Councilmembers have done
good job in listening to residents. Mr. Woodcock encouraged them to listen
now. He asked if the City Council is representing the park owners who do
not put money back in the City, nor reside here, or are you representing the
residents, who continue to build our City?
10. Coleman Persily_, 206 Yosemite Road, San Rafael, CA: Mr. Persily noted that
Hillsboro would never get anywhere if they went to court. He stated that they
know that they cannot collect from individuals except by taking each
individual resident to court. He stated that Hillsboro has put the settlement
before us because they can't win in court. He stated further that there are
Rent Control Ordinances in existence all over California. Mr. Persily urged the
Council to hold fast and not crack the Ordinance up.
11. Robert Waller, 568 Anson Avenue Rohnert Park CA: Mr. Waller stated that
he was speaking as a representative of the Rancho Grande residents. He
stated that he bases his opinions on fact. He noted that he met with
Councilmember Flores a year ago and asked where the $425.00 figure came
from. He noted that Councilmember Reilly made a comment that a letter
would be written to residents and that the City would give them until next mid
week to respond before a decision was made. He stated the letter never
came. He noted he also requested staff reports. He asked where were the
staff reports. What are the capital improvements? Mr. Waller stated that the
City of Rohnert Park Concurrent Meetings Minutes (11) January 11, 2000
for City CouncitlCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
residents never received a response. He stated that documentation pas not
been provided to the public proving that the $425.00 was a fair rent.
12. Violet Moir, 411 Sonoma Lane: Hopes that Council will approve Ordinance
and continue with settlement suit. She stated that Ordinance No. 494 has to
change to stay in compliance with State and Federal laws. She noted that
original ordinance did not have vacancy control. She further stated that City
has spent millions of dollars appearing before the courts. She noted that there
are no other places to appeal to. She noted that both City Attorneys have
indicated that we would not win in court and would have to appeal to the
Supreme Court. Why should the Council care?
13. Mr. David Troth 44 Laurel Court. Rohnert Park, CA: Mr. Troth requested
the Council to rescind the agreement between the City and Rancho Grande
Mobilehome owners. He stated that an increase of 15% a year eventually
would add up to 45 - 50% increase. He stated that pensions and annuities are
low. He concluded his comments by stating that Council must realize and
consider that a COLA increase on top of the 15% increase is excessive.
14. Tim Smith, City of Rohnert Park 3rd District Board of Supervisors: Mr.
Smith stated that he is speaking based on the countywide implications. He
commented that it bothers him personally to have a settlement offer from
Hillsboro and park owners, He expressed that that the last bastions of
affordable housing in the County are mobile homes. He noted that the big
piece of rent control was vacancy decontrol. He stated further that the City is
confronted with making an important change with overall public policy based
on settlement with Hillsboro, and that losing vacancy decontrol is of
Countywide significance. He stated that he was before the Council as a
friendly Counselor, and he urged the Council to please keep in mind that we
have people on fixed income and that rates will go up significantly and we will
never recapture them. He noted he would stand by whatever decisions the
Council makes, and that should the Council decide to reject proposal, he is
available as a resource. He noted from his perspective, that the park owner
from Hillsboro is using this as an opportunity to change public policy. He
expressed the importance of preventing people from intimidating people. He
commented that he finds this approach defensive.
MAYOR VIDAK- MARTINEZ CLOSED THE PUBLIC HEARING AT 8:40 P.M.
COUNCIL COMMENTS/DISCUSSION:
COUNCILMEMBER REILLY: Councilmember Reilly expressed that he would
never go into a public hearing with a pre- conceived vote. He commented that he
allows himself to be opened to comments and that he does listen to comments. He
pointed out that the Council was very knowledgeable about this issue. He noted that
the City is not on the hook for anything. He provided a chronological summation of
the history of the matter.
gs minutes (12) January 11, 2000
Commission/Rohnert Park Financing AuthoritwRohnert Park District
Councilmember Reilly stated that the residents came to the Council for suggested
solutions and that a Sub - Committee was founded to try and resolve the issues, which
resulted in meeting with 2 owners and residents of the Park. He noted that two
attorneys have indicated that the City is not liable for anything. He further noted that
feedback was presented to the City Attorney and the City continued to review the
information. He went on to note that the majority voted to settle for an amount.
Councilmember Reilly stated that Council is not representing park owners, and that the
Councilmembers have not looked at this matter with any ideas, other than to represent
the park owners. He commented that the Council is trying to bridge the gap and that
they want public input. He suggested that there is additional information that needs to
be distributed regarding the issues of the settlement. Councilmember Reilly
recommended continuing the public hearing and having City Attorney Strauss clarify
issues.
COUNCILMEMBER FLORES: Councilmember Flores commented that he has
heard many individuals speak of enjoying their golden years. He further commented
that he was pleased that those present are remembering that they are neighbors and
that they have different perspectives. Regarding the judgement of Hillsboro vs.
Rohnert Park, Councilmember Flores stated that the City determined that Ordinance
494 was unconstitutional because it violated the 14th Amendment. He pointed out
that the Council is aware of the concerns of the residents with regard to the issue of
back rents of some owners. He further commented that the Council recognizes that
many residents are on fixed incomes. He stated that the park owners would have
address the collection of back rents, not the City Council. He stated that the Council
will make decisions based on what they feel is in the best interest of residents.
VICE -MAYOR MACKENZIE: Councilmember Mackenzie commented that he
was listening carefully to sub - committee members. Councilmember noted that two
things impressed him: 1) the exhibit attached to one document showing back amounts
and how from year 1995 to 2000 amounts have escalated. 2) testimony from members
of community who were interested in fighting in that arena and also interested in
getting comments from Supervisor Smith on vacancy decontrol. He stated that he has
no other interest other than suggesting continuance of public hearings until meetings
are held with parties who have expressed concerns about various issues.
COUNCILMEMBER SPIRO: Councilmember Spiro thanked those present for
coming out. She was impressed with comment that "you needed to do what was
right ".
MAYOR VI )AK- MARTINEZ: Mayor Vidak (quoting Twain: Always do the right
thing, this will gratify some people and astonish others: She noted that she feels that
Councilmember Reilly and Councilmember Flores have done an excellent job studying
this subject. She stated that they have gone to the mobilehome parks, spoken to the
residents, and have done so as volunteers. She commented that she is not ready to
close the book. Mayor Vidak- Martinez recommended consideration to continue the
public hearing and directed staff to schedule a meeting between staff, City Manager,
City of Rohnert Park Concurrent Meetings Minutes (13) January 11, 2000
for City Council/Community Development Commission/Rohnert Park Financing Authority/Rohnert Park District
City Attorney and other appropriate parties to accept more testimony and to consider
further information.
COUNCIL ACTION:
Upon motion by Vice -Mayor Mackenzie, seconded by Councilmember Spiro, and
unanimously approved by a 5 -0 vote, to continue the public hearing on Ordinance
No. 494 at the first Council Meeting in February.
Councilmember Reilly clarified that the meeting discussions among staff and other
appropriate parties would not be composed of sub - committee members or park
owners, but for staff to decide who will be the parties involved in discussions,
AYOR VIDAK - MARTINEZ RECESSED THE MEETING AT 8:54 P.M.
AYOR VIDAK-MARTINEZ RECONVENED THE MEETING AT 9:10 P.M.
12. FIRE SUPPRESSION BENEFIT ASSESSMENT
1) Staff report - Ballot Results, Final Engineer's Report & Establishing the Fire
Suppression Benefit Assessment
City Manager Netter summarized the staff report on this item and stated that
it was scheduled for public hearing.
2) PUBLIC HEARING
MAYOR VIDAK- MARTINEZ OPENED THE PUBLIC HEARING
OPENED AT 9:26
No one wished to speak.
MAYOR VIDAK-MARTINEZ CLOSED THE PUBLIC HEARING AT
9:27 P.M.
3) COUNCIL DISCUSSION /ACTION
There was no discussion at this time.
City Manager Netter summarized the staff report on this item, noting that staff
was present. He noted the Final Engineer's Report prepared by Berryman &
Henigar is a new Fire Suppression Benefit assessment for 2000/2001. He further
noted that every property owner subject to assessment was mailed ballots with an
opportunity to vote yea or nay. He further stated that ballots had had 45 days to
be returned and were due tonight. He stated that the ballots were tabulated and
that 50% + 1 votes were needed. He noted that the differences between the
process was that the public properties were part of the assessment. He stated that
at the conclusion of the Public Hearing that Council would consider accepting the
ballot results. For information, City Manager Netter stated that the Assessment
City of Rohnert Park Concurrent Meetings Minutes (14) January 11, 2000
for City Council/Community Development Commission/Rohnert Park Financing AuthorityMohnert Park District
would raise approximately $415,000.. He identified land categories from the
Engineer's Report noting that each category has unit value computed as assessed
value. City Manager Netter summarized voting results for the Rohnert Park Fire
Suppression District as follows: Yes, 2,847 parcels; No, 1,623 parcels; Invalid,
177 parcels.
Councilmember Flores asked how significant were the public land parcel numbers.
It was pointed out that public parcels totaled 55.
Councilmember Flores asked if the reason for the increase over previous
assessments was because of an increase in single family homes.
Project Engineer responded that the assessments that were calculated were based
on the total amount of assessments divided by total number of benefit units
Councilmember Mackenzie asked for an opinion from the City Attorney on the
technicalities of the document.
City Attorney Strauss commented that she is comfortable with the work
completed by the Engineers. She stated that the company complied with all
requirements.
Councilmember Reilly asked whether or not there was a legal requirement or
procedural requirement to re- notify the 50% of residents who did not return their
requests,
City Attorney Strauss responded that 2/3 of those voting is needed.
Councilmember Spiro stated, for the record, that she would not support the
recommendation. She stated that although she is in favor of the assessment, she
objects to the process because she feels that the matter should be on the ballot so
that there is no chance of any law suits against the City.
COUNCIL ACTION:
Resolution No.
2000 -16
ACCEPTING CERTIFICATION OF THE BALLOT RESULTS FOR
THE FIRE SUPPRESSION BENEFIT ASSESSMENT DISTRICT
NO. 00 -1, ACCEPTING THE FINAL ENGINEER'S REPORT, AND
ESTABLISHING THE FIRE SUPPRESSION BENEFIT
ASSESSMENT
City of Rohnert Park Concurrent Meetings Minutes (15) January 11, 2000
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
Upon motion by Councilmember Flores, seconded by Vice -Mayor Mackenzie,
Council adopted Resolution No. 2000 -16, by a 3 -2 vote, with Councilmembers
Spiro and Reilly dissenting.
4) Staff Update on Fire Benefit Assessment Refunds
City Manager Netter summarized for information refund report. He stated that a
final report and budget report will be provided to the Council in February.
13. COMMISSION /COMMITTEE /BOARD APPOINTMENTS
• Council Consideration of New and /or Re- Appointments
The following new and /or re- appointments were made by the Council:
1) Community Outreach for Youth & Families
• To fill vacancy left by Cris Caton resignation (VVM nomination)
City Manager Netter reported that one fax sheet was received for this
appointment.
Upon motion by Mayor Vidak - Martinez, seconded by Councilmember Spiro,
and unanimously approved, by a 5 -0 vote, Lisa Bagwell was appointed as a
new Committee Member to COYF for the remainder of a two year term to fill a
vacancy to expire 12/31/00.
2) Housing Financing Authority (two year term expired 12131199)
• James McGinnis (At Large Appointment)
Upon motion by Councilmember Reilly, seconded by Councilmember Spiro,
and unanimously approved by a 5 -0 vote, James McGinnis was re- appointed
to the Housing Financing Authority Committee for a two year term to expire
12/31/01.
3) Mobilehome Rent Appeals Board (two year terms expired 12131199)
• Katherine Collins (JR nomination)
Upon motion by Councilmember Reilly, seconded by Councilmember
Spiro, and unanimously approved by a 5 -0 vote, Katherine Collins was
re- appointed to the Mobilehome Rent Appeals Board for a two year term
to expire 12/31 /01.
• Michael Muchmore (VVM nomination)
Upon motion by Mayor Vidak- Martinez, seconded by Councilmember
Spiro, and unanimously approved by a 5 -0 vote, Michael Muchmore was
City of Rohnert Park Concurrent Meetings Minutes (16) January 11, 2000
for City Council/Community Development CommissionlRohnert Park Financing Authoritv/Rohnert Park District
re- appointed to the Mobilehome Rent Appeals Board for a two year term
to expire 12/31/01.
• Onna S. Rayos (LS nomination)
Councilmember Spiro shared that Onna Rayos has indicated that she is
willing to continue as a board member until a new appointment can be
made but that she would like to be replaced. Councilmember Reilly noted
that Ms. Rayos needs to officially resign so the vacancy can be publicly
noticed. Council concurred.
4) Senior Citizens Advisory Commission (two year terms expired
12131199)
• Marion Ackerman (LS nomination)
Upon motion by Councilmember Spiro, seconded by Vice -Mayor
Mackenzie, and unanimously approved by a 5 -0 vote, Marion Ackerman
was re- appointed to the Senior Citizens Advisory Commission for a two
year term to expire 12/31/01.
• Ann Kennedy QM nomination)
Upon motion by Vice -Mayor Mackenzie, seconded by Councilmember
Spiro, and unanimously approved by a 5 -0 vote, Ann Kennedy was re-
appointed to the Senior Citizens Advisory Commission for a two year term
to expire 12/31 /01.
5) Sister Cities Relations Committee
(At Large Appointments of two year terms expired 12131199)
• Gordon Adam, Carol Grubler, Susan Harrow, and
Miho Kite (requesting advisory position)
Upon motion by Councilmember Reilly, seconded by Councilmember
Flores, and unanimously approved by a 5 -0 vote, to re- appoint at large
Gordon Adam, Carol Grubler, Susan Harrow, and Miho Kite to the
Sister Relations Committee for two year terms to expire 12 /31/01 with
acknowledgement of Miko Kite's advisory capacity as she requested.
14. CITY COUNCIL COMMITTEE LIAISON ASSIGNMENTS FOR
2000
1) Mayor's review and assignments
Mayor Vidak - Martinez provided the Council with a list of Ccnimu ittee liaison
assignments for the year 2000. She pointed out that some assignments
remained the same and others were rotated.
Citv of Rohnert Park Concurrent Meetings Minutes (17) January 11, 2000
for Cite CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
Councilmember Reilly signified that he was misquoted in the message relayed that he wanted to
continue all of his appointments, as he did not want any of them but was willing to fill in as needed.
*Gouneilmember- Spiro asked if her- let4eF of November, 1999 had been r-e-Niewed. She-pointed-out
" she has sen,ed en the Senior- Gifi�5ens AEhxisory Cemffl4ssien foF ever 10 year-s- that the
Commission has r-equested that she be re instated. She r-equested eensideFation of the request ef th
Ceffimissien.
e Councilmember Spiro asked the Mayor if she had considered her letter of November 1999,
e The Mayor Vidak - Martinez said "NO" I did not.
® Councilmember Reilly asked maybe we can negotiate.
e Mayor Vidak- Martinez said "NO ".
• I would like to take exception and I would like to discuss it publicly. Councilmember Spiro pointed out that she has
served on the Senior Citizens Advisory Commission for over 10 years and that there were two letters sent to this Council
and they were from the Commission asking that she be re- instated. She requrested consideration of the request of the
Commission.
• Mayor Vidak- Martinez responded "my feelings also with the senior citizens is they are a strong voting block in this
community and it made sense to me to have someone in there who was not going to stand for reelection and that is how I
made my choice."
e Councilmember Spiro "Your honor, in going back to something. Your concept of not putting somebody in a position .
running for reelection. If in fact we are not going to do that, it certainly is your prerogative, I would like to suggest you
remove yourself from the alternate on the Senior commission since we are both up for reelection. Just based on what you
said, I mean that's a reasonable thing if we are not supposed to be doing that I thought we should be consistent.
*C O R R E C T 10 N ABOVE from 1/25/00 City Council meeting: Per Councilmember Spiro (deletion lined out/addition with bullets verbatim from meeting video)
Mayor Vidak - Martinez thanked Councilmember Spiro for her comments but stated that she
felt that it made sense to change the assignment for this Committee.
Councilmember Reilly requested the appointment of an alternate for Sisters Cities Committee
because there are some meetings that he will not be able to attend.
Councilmember Flores informed the Council that the Library Advisory Committee meets on
the same day as the School Board - He offered to change position with Mayor Vidak- Martinez
for her to be the liaison and he would be the alternate. Mayor Vidak - Martinez agreed.
2) Establishment of Sub - Committee to Review Commissions on Roles Staffing Funding and
Procedures (VVM)
Mayor Vidak - Martinez noted proposing establishment of this sub - committee comprised of
herself and Vice -Mayor Mackenzie to review concerns and bring back findings and
recommendations before full Council.
15. COUNCIL YEAR 2000 PROJECT — MATTERS RELATED TO THE GENERAL PLAN PROCESS
1) General Plan Oversight Committee Update (VVM/JM)
Vice -Mayor Mackenzie noted that he had previously suggested to make a motion regarding
the attempt to complete the General Plan Update during this calendar year and ratify the
attempt of Council to place the measure on the 11/2000 ballot to provide an Environmental
Impact Report (EIR). Vice -Mayor Mackenzie asked the City Attorney if it was appropriate
to make the motion tonight or should it be more formally agendaed.
City Attorney Strauss stated that the matter should be formally agendaed.
Vice -Mayor Mackenzie requested to add discussion of this item on the next
agenda.
City of Rohnert Park Concurrent Meetings Minutes (18) January 11 2000
for City Council/Community Development CommissionlRohnert Park Financing Authority/Rohnert Park District
Vice -Mayor Mackenzie reported that the General Plan Committee met last
evening to consider the Revised General Plan and Urban Growth Boundary
Schedule. He noted that copies of the schedule were provided to the Council
for information. The Committee is looking to have the public hearing by early
June. The Committee recognized and reviewed the work to be done with
respect to concerns regarding water supply, traffic mitigation and open space,
and financing of public facilities. Supervisor Smith's and Kerns' working
groups are scheduled to meet on 1/26/2000 at 2:00 p.m, in the Public Safety
Conference Room, on a draft proposal to discuss open space mitigation
matters. He stated that he anticipates that County staff will be present to deal
with the water supply and requested that City Manager Netter brief him on
water issues for the City.
The Committee discussed the field for the Sharon Grossi property, which is a
48 -acre land area to respond to interest in open space district of acquiring
properties such as this. He noted that SCTA would further discuss
mechanism to work with the open space district.
Mayor Vidak- Martinez noted that the Sub - committee has asked for Council
input on General Plan as some were concerned about forging ahead without
input from the full Council and there is interest in a Council Worksession on
what we have so far.
Councilmember Mackenzie noted that after meeting of 1/26/2000, there will be
matters of substance for further Council discussion.
Councilmember Reilly stated that even if a Worksession is held, that he would
still go through the process of making comments during a public hearing on
the matter at the regular City Council meeting.
16. COUNCIL COMMITTEE WOR OTHER REPORTS:
1) Report on League Special Task Force on Fiscal Reform (LS)
Councilmember Spiro reported that she sent a fax soliciting Council comments for
the SMART meeting that she will be attending. Councilmember Spiro stated that
she hopes to have comments regarding growth assessment from Councilmembers
to share at the meeting. She asked. if there would be a fiscal impact on Rohnert
Park. Councilmember Spiro requested that Councilmembers fax their comments to
her by Thursday evening.
City Manager Netter noted that we are beneficiaries of $14,000 more for the first
year. He stated that it really looks like a County proposal, and that it does not
look like it is in the best interest of Rohnert Park or the other cities. He stated that
there would be future discussions on the matter.
City of Rohnert Park Concurrent Meetings Minutes (19) January 11, 2000
for City CounciUCommunity Development CommissionlRohnert Park Financing Authority/Rohnert Park District
Councilmember Reilly posed the question that if ERAF was mandatory and sales
tax reallocation overall percentage would not change, would it be favorable to at
least be somewhat positive.
Councilmember Spiro noted that at the last meeting the presenter was clear on
what happens with a Growth City and a no- Growth City. She noted that she
would bring up the point that these issues were overlooked in the report.
2) Sonoma County Transportation Authority (SCTA) 1 /10 /00 Meeting
Vice -Mayor Mackenzie reported that the SCTA resolution for B & C did not
pass. However, City Engineer Gaffney and he were happy regarding Cycle Two
Federal funding issue. He reported that the City was successful in securing funds
for the Rohnert Park Expressway Park & Ride and ramp improvement. He
informed the Council that the City would receive $2.6 million dollars in funding.
Vice -Mayor Mackenzie further informed the Council that Mr. Mike Reilly,
Chairman of the Board of Supervisors, will be the new Chairman for SCTA and
Mr. Bob Jehn will be the Vice - Chair. He reported that the Committee has been
very active and is now dealing with problems that arise such as who gets on what
mailing list. He reported that budget items would be considered on 1/24/2000 for
the 2000 /2001 - budget year. He stated that he would attend the meeting and
report back to the Council.
EXTEND COUNCIL MEETING PAST 10:00 P.M.
Upon motion by Vice -Mayor Mackenzie, seconded by Councilmember Flores, and
approved by a 4 -1 vote, with Councilmember Reilly dissenting, to extend the City
Council meeting past 10:00 p.m. to finish items on the agenda.
17. COMMUNICATIONS:
Councilmember Spiro requested to pull communication. #34 regarding a petition for
parking permits for "M" section residents due to overflow parking from
neighborhood condos.
Councilmember Spiro stated that she spoke with Mr. Leroux regarding
communication #34 and that he has requested that the matter be placed on the next
agenda for discussion.
18. MATTERS FROWFOR COUNCIL
1) Design Phase Library
Councilmember Flores announced that a workshop on the design phase for
the new library will be held. He stated that the Cultural Arts Commission
and the Association for the Arts (AFTA) are enthusiastic about artwork
and their recommendations of appropriate art to the City Council.
City of Rohnert Park Concurrent Meetings Minutes (20) January 11, 2000
for City Council/Community Development CommissionlRohnert Park Financing Authority/Rohnert Park District
2) Railroad Crossing
Councilmember Flores noted that the cities of Petaluma and Santa Rosa
have railroad crossings that are made of new materials that make crossing
silent and comfortable. Councilmember Flores requested that staff obtain
information on the railroad crossings.
City Manager Netter stated that he would provide the Council with an
update per Councilmember Flores' request.
19. CITY MANAGER'S REPORT
There was nothing further to report.
20. CITY ATTORNEY'S REPORT:
1) Any items from Closed Session
There were none.
OTHER UNSCHEDULED PUBLIC APPEARANCES:
None.
ADJOURNMENT: There being no further business, the meeting adjourned at 10:05 p.m.
I�v'l,��i�
Teresa Taylor -King, ecorder icki Vidak- Martinez, Mayor ,
01112000rrm