1994/02/22 City Council MinutesRohnert Park City Council Minutes
February 22, 1994
The Council of the City of Rohnert Park met this date in regular
session commencing at 6:00 p.m. in the City Offices, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Reilly presiding.
CALL TO ORDER -Mayor Reilly called the regular session to order at approximately
6:20 p.m. and led the pledge of allegiance.
Mayor Reilly advised that a closed session commenced this evening at
5:00 p.m. for the annual evaluation of the City Manager. Further
closed session con renced at 6:00 p.m. to discuss litigation matters
and real estate negotiations as listed on the agenda attachment. He
said no action was taken and there was nothing to report at this time.
ROLL CALL Present: (4) Councilmembers Eck, Gallagher, Spiro
and Mayor Reilly
Late: (1) Councilman Hollingsworth (due to an airport delay with
arrival time as signified in these minutes)
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter,
City Attorney Flitner, Assistant City Manager Leivo, Director of
Public Works /City Engineer Brust and Director of Recreation Pekkain.
Approval Upon motion by Councilman Eck, seconded by Councilwoman Spiro, with
of Mayor Reilly abstaining due to absence from the signified meeting and
Minutes Councilman. Hollingsworth absence due to anticipated late arrival, the
minutes of February 8, 1994 were unanimously approved as submitted.
Approval Upon motion by Councilwoman Spiro, seconded by Councilman Eck, with
of absence of Councilman Hollingsworth, City bills presented per the
Bills attached list in the amount of $857,012.14 were unanimously approved.
Non - agendaed Mayor Reilly queried if any Councilmember had any non - agendaed items
matters to add to the agenda. Councilwoman Spiro said she had several
miscellaneous items to add. Councilwoman. Gallagher said she might
have more to add on a particular agenda item. Councilman Eck said he
would like to make some comrents about conpost. City Manager Netter
said he had a couple of miscellaneous items.
Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act),
Public citizens wishing to make a comment may do so at this time. Under
Appearances legislation of the Brown Act, in most cases, the Council cannot handle
an item without agendizing. To ensure accurate recording, "Speaker
Cards" are provided at the entrance of the Chamber and persons
speaking under unscheduled public appearances are requested to submit
conpleted cards to the recording clerk.
Rohnert Park City Council Minutes (2) February 22, 1994
Doan S. Houghton, 545 Alta Avenue, asked about the definition of yardwaste and
expressed concern about the garbage service not picking up his
yardwaste mainly because too much dirt was attached to turf grass.
Discussion concluded in confirmation by City Manager that staff would
check into the matter and call Mr. Houghton accordingly.
C O N S E N T C A L E N D A R
Mayor Reilly queried if anyone had any questions regarding the matters
on the Consent Calendar which were explained in the City Manager's
Council Feting Memo.
Councilwoman. Gallagher requested Resolution No. 94 -29 be removed from
the Consent Calendar. Council agreed.
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolutions:
No. 94 -27 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS
No. 94 -28 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN
AGREEMENT WITH SELECT TICKETING SYSTEMS, INC. FOR SOFTWARE SUPPORT
PROGRAM AND LICENSE RENEWAL AT THE DOROTHY ROHNERT SPRECKELS
PERFORMING ARTS CENTER AND AUTHORIZING THE CITY MPVNAGER TO EXECUTE THE
AGREEMENT
Approving letter request from Education Foundation for donation of
Family Pool Membership and Sports Center Membership.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, with
absence of Councilman Hollingsworth, the Consent Calendar as outlined
on the meeting's agenda, was unanimously approved.
No. 94 -29 A RESOLUTION APPROVING A LEASE AGREENENT BETWEEN THE ROHNERT PARK
CRANE MELON FESTIVAL, INC. AND THE CITY OF ROHNERT PARK PERTAINING TO
THE TEMPORARY USE OF CERTAIN LAND OWNED BY THE CITY OF ROHNERT PARK
AND AUTHORIZING THE CITY MNAGER TO EXECUTE THE AGREEMENT
Councilwoman Gallagher said she wanted to vote no on this resolution.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, with
Councilwoman Gallagher dissenting and absence of Councilman
Hollingsworth, Resolution No. 94 -29 was adopted.
Presentation of Resolution of Appreciation to David O'Brien - Mayor Reilly shared
contents of Resolution No. 94 -23 expressing appreciation to David
O'Brien for fourteen years of service on the Parks and Recreation
Commission. The Mayor presented the framed resolution to Mr. O'Brien
along with an inscribed gavel plaque as a token gift and expression of
the City's gratitude for his efforts and interest in the community.
David O'Brien acknowledged appreciation for the opportunity to serve
in the conu miity and thanked the Council for this attention. Further
Council comments complimented W. O'Brien on a job well done.
Rohnert Park City Council Minutes (3) February 22, 1994
Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A
No.94 -30 LEASE PURCHASE AGREEMENT BETWEEN BANC ONE LEASING CORPORATION AND THE
CITY OF ROHNERT PARK
City Manager Netter referenced copies distributed to Council of the
lease purchase agreement with Banc One with revisions by City Attorney
following recent communications with Banc One attorneys. Mr. Netter
explained the resolution for consideration, as reviewed in the Council
Feting Memo, and with this clearance of all documents by the City
Attorney, staff recommends approval of this resolution.
Upon motion by Councilman Eck, seconded by Councilwoman. Gallagher, and
unanimously approved with absence of Councilman Hollingsworth, reading
of Resolution No. 94 -30 was waived and said resolution was adopted.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No.94 -31 AUTHORIZING AND APPROVING AGREEMENT WITH ABLE TOWING TO PROVIDE TOWING
SERVICES ON A ROTATIONAL BASIS ( Rohnert Park Mmicipal Code 5.28.020)
City Manager Netter explained the resolution as reviewed in the
Council Meeting Memo. He referenced one (1) protest letter dated
January 31, 1994 received from Rohnert Park Towing and shared contents
related to the concern that Able Towing's yard is a road travel
distance of 5.6 miles. Mr. Netter responded to Council questions
pertaining to consistent method used for determining the 5 mile
distance for qualifying tow companies to operate in Rohnert Park,
i.e. by protractor on a map which represents "as the crow flies ".
Discussion included review of previous Council discussions related to
establishing the 5 miles distance as a qualifying factor. City
Attorney Flitner confirmed legalities involved and recalled that the
mileage determination, along with the response time factor, was used
as a way to ensure the towing services to local towing companies,
otherwise, a City cannot legally restrict businesses to strictly local
residents. Councilwoman Gallagher questioned the need for so many tow
companies on rotation and said to approve another would seem to take
away from the current local operations. She also expressed
concern with the term "as the crow flies" and did not think it was a
very professional determination for distance.
Upon motion by Mayor Reilly, seconded by Councilwoman Spiro, with
Councilwoman Gallagher dissenting and absence of Councilman
Hollingsworth, reading of Resolution No. 94 -31 was waived and said
resolution was adopted.
Smoking Prohibition in Unenclosed Public Places (site specific):
City Manager Netter explained the ordinance for introduction
pertaining to the referenced item, as reviewed in the Council N--eting
Memo, with revisions by City Attorney for site specific language as
requested by Council at the previous Council meeting. He reviewed the
description of the designated area wizich represents the landscaped
areas adjacent to the University Park subdivision wall south of Rancho
Cotate High School. Since the School District does not allow smoking
on its property, this ordinance would eliminate smoking along this
area by teen -agers who currently congregate there and would allow
enforcement by the City of Rohnert Park.
Rohnert Park City Council Minutes (4) February 22, 1994
Viryinid Bell, 5233 D�_uiiel Court, expressed concerns related to the health hazards
of smoking at public bingo games and requested Council action to also
prohibit smoking at the bingo games.
Discussion followed during which Council reviewed the history related
to the non - smoking ordinance for restaurants whereby the request had
been made to exclude the bingo games and bars separated from eating
areas. Discussion included Mayor Reilly advising that the site
specific ordinance for introduction on this agenda is a separate
matter from prohibiting smoking at bingo games and, therefore, Council
would proceed with action on the ordinance as presented.
Ordinance for introduction:
No. 583 AN ORDINANCE OF THE CITY OF ROHNERT PARK ADDING SECTION 8.32.062 TO
ARTICLE 2, CHAPTER 8.32 (USE OF TOBACCO IN PUBLIC PLACES) TO PROHIBIT
SMXING IN DESIGNATED PUBLIC PLACES
Upon motion by Councilman Eck, seconded by Councilwoman. Gallagher, and
unanimously approved with absence of Councilman Hollingsworth, reading
of Ordinance No. 583 was waived and said ordinance was introduced.
Further discussion included confirmation by City Manager Netter that
he would review the non - smoking site specific ordinance with the
Cotati- Rohnert Park Unified School District prior to consideration of
adoption at the next Council meeting to ensure concurrence.
Discussion concluded in Mayor Reilly appointing Councilwoman Gallagher
and Councilwoman Spiro as Council Committee to review consideration of
non - smoking bingo games.
Volunteer Center of Sonoma County - Review of proposal to locate a satellite program
in Rohnert Park - City Manager Netter said this item had been deferred
from the previous Council meeting to enable review by the full Council
at tonight's meeting. He referenced staff report, as reviewed in the
Council Meeting Memo, summarizing two options for Council's
consideration explaining that if Council desires to house the
volunteer center to augment its existing programs by the support of
the Volunteer Center of Sonoma County, staff recomrmnds Option 1 which
would provide 10 to 20 hours per week for a five (5) month period at
$5,000, with possible reduction to $4,000 if the program is not
instituted until March ist, 1994. Option 1 would allow the program to
get started and Council consideration to maintain or expand the
program could be discussed further during May 1994 budget sessions.
Mr. Netter referenced copies distributed to Council of letter dated
February 22, 1994 from Volunteer Center of Sonoma County reviewing
Rohnert Park residents /agencies served during the past calendar year.
Karen Johnson, Executive Director of Volunteer Center of Sonoma County, responded to
question from Councilwoman Spiro that the referenced $5 million
brought into the County for volunteer efforts did not signify funds
available but was used for services or labor and the usual practice is
to calculate across the board. These calculations are used to
formulate plans. It would be very difficult to know specifically how
much of the service or labor was for a given area like Rohnert Park as
every service would have to be individually reviewed. However, the
records could be reviewed and the national standard applied to provide
those hours for specified services.*
*CORRECTION from 3/8/94 Council meeting: add "Councilwoman Spiro responded national
standards are not acceptable to demonstrate value to Rohnert Park since statistics are
required from other groups and the same should apply to the Volunteer Center ".
Rohnert Park City Council Minutes (5) February 22, 1994
Discussion included Councilwoman Gallagher referencing the favorable
vote of the Council several months ago approving the Rohnert Park
Volunteer Center in concept and that Council had signified it would
vote on one of the two plans and, therefore, urged Council to take
action without further delay. Ms. Gallagher said the concerns
expressed at the previous Council meeting regarding a lack of space
prompted her to scout the neighborhood for possibilities and she
would like it noted that a person offered 600 sq. ft. of space on
Commerce Boulevard for a full year. Councilwoman Spiro signified
preference for alternate space mentioned by Councilwoman Gallagher.
She expressed concern about the City providing space and /or funds for
a volunteer center and, even though the proposal looks nice, it is
contrary to provisions for other non - profit groups. Councilwoman
Gallagher responded that she understood this concern but several times
in the past others have received help from the City to get started
and she thought the $5,000 for option 1 to carry the Volunteer
Center through to the end of June would be one of the best investments
that could be put into the conTaAnity.
Discussion concluded in a motion by Councilman Eck, seconded by
Councilwoman Gallagher, with Councilwoman Spiro dissenting and
absence of Councilman Hollingsworth, Option 1 presented by the
Volunteer Center of Sonoma County for a five (5) month period at
$5,000 for the Rohnert Park Volunteer Center., was approved.
Rohnert Park Stadium Use proposals - City Manager Netter referenced staff report
provided to Council pertaining to this item which has had two Council
Committee meetings since direction at the previous Council meeting for
the Council Committee, comprised of Mayor Reilly and Councilwoman.
Spiro, to determine whether a program could be developed for joint use
of the Stadium for both soccer and baseball. It became clear at the
first meeting held on Monday, February 14th, 1994 that joint use of
the stadium would not be feasible. This conclusion, signified by
representatives of both the North Bay Breakers Soccer League and the
Western Baseball League, resulted in Mayor Reilly's suggestion to
allow the Breakers to develop a soccer field adjacent to the Stadium
at its southerly border. Both representatives of the Western Baseball
League indicated willingness to work with North Bay Breakers for a
joint use of concession stands, ticket booths, offices, locker rooms,
restrooms, etc. North Bay Breakers' representative expressed general
approval but with the desire to further review the proposal. City
Manager Netter reviewed plans on display for this proposal and shared
results of the second Council Committee meeting held this afternoon
wherein Dr. Whitten, Principal of the North Bay Breakers, expressed
approval and willingness to work out related details of the proposal.
City Manager explained the financial projections to develop the soccer
field totaling an estimated amount of $162,000 which exceeds the
budget by approximately $80,000. The timeline for development of the
new soccer field would be for 1995 since the baseball stadium would
continue to be used for soccer through the 1994 season. Mr. Netter
said this is a very innovative proposal if the additional $80,000 can
be found to make it work. This would allow the Western Baseball
League to enter into a lease agreement with the City for a five ( 5 )
year period which would include WBL's proposed expenditure up to
$270,000 for Stadium improvements and would result in bringing
baseball back to the Rohnert Park Stadium.
Rohnert Park City Council Minutes (6) February 22, 1994
Council Committee Members Reilly and Spiro, City Manager Netter and
Recreation Director Pekkain responded to various Council questions
confirming details of above - reviewed staff report. In response to
question by Councilman. Eck, Recreation Director Pekkain said Ralph
Barkey at Sonoma State, in recent discussion, indicated that the
college was not interested in sharing in the development of a city
soccer field, but there might be a possibility of the Breakers renting
the new enclosed college soccer field scheduled to be completed this
fall of 1994.
Councilman
Hollingsworth- Councilman Hollingsworth arrived at the City Council meeting at
arrives approximately 7:10 p.m.
Further discussion included reminder by Councilman Eck that past
considerations of the referenced land in the Stadium area included not
only a softball complex but also as many as three soccer fields. He
commented that from the budget standpoint, the $80,000 shortfall might
be obtained through promotional activities.
Discussion concluded in a motion by Councilman Eck, seconded by
Councilwoman Spiro, and unanimously approved, to proceed with the
proposed development of a soccer field adjacent to the Stadium at its
southerly border for completion prior to the 1995 season with
acknowledgment of upgrading the existing stadium by the North Bay
Breakers to enable use of the existing Stadium facility for the 1994
soccer season.
Establishing Youth Council - City Manager Netter referenced staff report provided to
Council regarding this item along with sample documents for
establishing youth commissions, i.e, an ordinance from the City of
Richmond and a resolution from the City of Novato. Recreation
Director Pekkain shared contents of staff report regarding background
information of the City's former youth commission according to
discussion with Don Kite indicating that it was set up around his
government class and lasted about five (5) years. The staff report
also included Mr. Pekkain's discussion with the Director of Novato
Parks and Recreation Department regarding the Novato Youth Commission
he organized in 1972 and is still effectively established. Recreation
Director Pekkain responded to various Council questions regarding
procedures signified in contents of the referenced documeants.
Discussion included reminder by Councilwoman Spiro of nrevious Council
decision to call Rohnert Park's youth group a "council" instead of
using the term "commission" because of the established restriction on
Rohnert Park commissions for members to be residents. Ms. Spiro said
she would like to see a cross section of representation on the Youth
Council and that it not be limited to residents only because of the
School District which also includes the City of Cotati. Councilwoman
Spiro recomrended staff comnmications with Ellen Draper, organizer of
the Teen Council in Santa Rosa, for additional input regarding the
make -up of the Teen Council.
Mayor Reilly Mayor Reilly left the Chamber at approximately 7:22 p.m. and
leaves /returns returned at approximately 7 :24 p.m.
Rohnert Park City Council Minutes (7) February 22, 1994
Discussion concluded upon motion by Councilman Eck, seconded by
Councilwoman Gallagher, and unanimously approved to proceed with the
efforts toward the creation of a model and procedures for the
development of the Youth Council for Rohnert Park, initiate above -
recommended contact with Ellen Draper for organizational input, pursue
possibilities for a lead person at the school, involve students in the
organizational process, include on the next agenda of the School
District /Cities Coordinating Committee, and present this plan for
development of a Youth Council to School District Superintendent
Walter Buster for review by the School Board for input regarding same.
Bodway Parkway Extension Assessment District, Project No. 1993 -5
City Manager Netter shared contents of staff report pertaining to this
item as reviewed in the Council Meeting Memo. The public hearing duly
noticed and scheduled at this time is a procedural matter required by
State law. A second public hearing to hear protests on this item will
be held during the March 8th, 1994 City Council meeting.
Public Mayor Reilly opened the public hearing at approximately 7:29 p.m.
Hearing There being no one desiring to speak, the Mayor closed the public
hearing.
Phil Asseph, Legal Consultant for this project, responded to Council
question that public hearing notices were not sent to surrounding
neighborhoods since the requirement was only to notify property
owners. Councilman Hollingsworth recommended going the extra mile and
noticing the homes adjacent to the referenced property to be sure
everyone interested is aware of the second public hearing scheduled
for the next Council meeting of March 8th, 1994. Council concurred.
Conrunity Development Block Grant (CDBG) Program
Assistant City Manager Leivo shared contents of staff report as
reviewed in the Council Meeting Memo and responded to various Council
questions. He confirmed the need for Council to prioritize the three
CDBG applications which were submitted to the City prior to the
February 16, 1994 deadline from 1) Burbank Housing Development
Corporation for $200,000, 2) Innovative Housing for $31,000, and
3) The Boys & Girls Club for $11,000. Mr. Leivo explained that
because of the numerous factors involved regarding possibilities
related to the choice process for establishing criteria for
priorities, it was impossible to conclude an obvious analysis for
staff to make a specific priority recommendation. The only obvious
criteria is that 50% of the funds must be used for housing related
activities. He said the funds would be available toward the end of
July or early August of next year. Mr. Leivo said a public hearing
had been duly noticed and scheduled at this time.
Public
Hearing Mayor Reilly opened the public hearing at approximately 7:37 p.m.
Morris Turner, representing Innovative Housing, expressed appreciation for Council's
support of Innovative Housing projects which has been very critical to
their success. He reviewed details of the four houses currently
operated by Innovative Housing in Rohnert Park and said he was
Rohnert Park City Council Minutes (8) February 22, 1994
available to answer Council questions. In response.to Councilwoman
Spiro's compliments of the Innovative Housing projects she had visited
and recommendation that other Councilmembers also observe the
projects first hand, Mr. Turner said he would be happy to have
Councilmembers visit the projects anytime at their convenience. Mayor
Reilly suggested that arrangements be made for Council and staff to
visit the projects.
Jan White, representing the Boys & Girls Club, shared details regarding initial
success of the program and that she was very excited with the good
response of 85 youth attending a recent event that turned out to be so
much fun for everyone. Flyers had been sent to every child in the
School District and this response seemed to signify only a tip of the
iceberg. This represents only a small part of the total effort and
Ms. White said she was sure many more youth would be attracted to
participate. She referenced recent article in the Press Democrat
pertaining to gang related problems and pointed out that the location
of the Boys & Girls Club is right in the middle of this critical area
where youth activities are needed.
John Hudson, 399 Bonnie Avenue, referenced Article 34 of the State Constitution
which he said prohibits development of low income housing unless
approved by the local voters. He said in conjunction with other
entities, Rohnert Park has constructed a large number of such housing
projects and has not held elections. W. Hudson made comparisons
with Proposition 168 which was voted down in Sonoma County. He
expressed concerns regarding the choice of locations for affordable
housing projects and felt these were getting dumped in certain
sections of the community. He said he was here tonight to express his
frustration as part of the 61% that has a right to be heard as com-
pared to the lower percent of special interests that get to be heard.
Nick Stewart, representing Burbank Housing Development Corporation, expressed
appreciation for Council's consideration of Burbank Housing's CDBG
application. He said they had never been involved in this type of
program prior to this application and understood there is a great deal
of tradeoffs to consider to accomplish the greatest number of projects
and that none of the applicants want to be in competition for the
funds. Mr. Stewart said if there was any way to cooperate in sharing
proportionate funding, Burbank Housing would be glad to cooperate.
He referenced the previous concerns expressed pertaining to Article 34
of the State Constitution and said he wanted to give assurance that
Burbank Housing projects have not fallen under any legislation and
have always been in compliance with regulations and laws. Mr. Stewart
said he could not let the above - expression to dumping stand
unchallenged and gave the example of the Tower Apartments project
which he hoped Council might find was a much better project than other
qualifying projects. He said he was available to answer questions.
There being no one further desiring to speak, Mayor Reilly closed the
public hearing at approximately 7:49 p.m.
Rohnert Park City Council Minutes (9) February 22, 1994
Lengthy discussion followed during which Council reviewed differing
opinions pertaining to the logic of prioritizing the CDBG applications.
Council comments concluded in agreement with staff that there was no
real way to theorize all the possibilities that could result in a
clear cut direction for the best and most effective order of priority.
Discussion concluded in a motion by Councilman Hollingsworth, seconded
by Councilwoman Spiro, with Councilwoman Gallagher dissenting only
because of preference to signify Burbank Housing as the first
priority, the CDBG applications were approved for prioritization as
follows: first, the Boys & Girls Club; second, Burbank Housing
Development Corporation; and third, Innovative Housing.
RECESS Mayor Reilly declared a recess at approximately 8:00 p.m.
RECONVENE Mayor Reilly reconvened the Council meeting at approximately 8:12 p.m.
with all Councilmembers present.
Keegan & Coppin letter requesting Stadium parking lot lease (15 spaces) -
City Manager Netter referenced this letter dated February 3, 1994 and
shared contents, as reviewed in the Council Meeting Memo. He
responded to Council questions confirming that Eastman Inc. was
recently acquired by Office Depot and has located a building at 621
Carlson Court as a larger facility. This location needs more parking
space to accommodate the employees and Eastman has secured additional
parking spaces through an existing tenant in the adjacent Joe Mitch
building. Eastman is requesting an agreement with the City of Rohnert
park to lease 15 spaces at the City lot in front of the Rohnert Park
Stadium, as a backup, in the event that the Joe Mitch building spaces
become unavailable. City Manager Netter said Michael L. Flitner of
Keegan & Coppin Company was available at this meeting to respond to
Council questions. Mr. Netter responded to Council inquiry that the
requested spaces would be for employee parking from Monday through
Friday between the hours of 8:00 a.m.to 5:00 p.m.which would not
interfere with most Stadium activities which are during weekends or
evening hours.
Discussion concluded in a motion by Councilman Hollingsworth, seconded
by Councilman Eck, and unanimously approved, to proceed with prepar-
ation of an agreement, as requested by Eastman for leasing the 15
parking spaces for backup employee parking in the Stadium parking lot.
Pimental Property - City Manager Netter reported on recent meeting with Pimental
family representative, Johnny King and Open Space District repre-
sentative, David Hansen regarding the 172 acres of Pimental property
at the corner of Rohnert Park Expressway West and Stony Point Road, as
reviewed in the Council Meeting Memo. He explained the limitations
for use of the land if the Open Space District were to purchase it
with indication by Mr. Hansen that it would be virtually impossible to
have any development on said land once it is in the Open Space
District, with the exception of a possible easement that could be
written with lesser restrictions allowing for "passive recreation"
which could include a golf course operation. City Manager Netter said
one other suggestion was the possibility of selling the development
rights to the Sonoma County Land Trust which has more flexibility on
term easement development possibilities. Mr. Netter said this led him
Rohnert Park City Council Minutes (10) February 22, 1994
to think that it might be wise for the City to consider a plan that
could be structured for the City to purchase the 172 acres under a
"land banking" program that would allow for westerly expansion
possibilities and flexibility over the next 50 years. This could
provide a rare opportunity for the City to control its future destiny
on its westerly border whereas, once the land is in the Open Space
District, the westerly city limit would basically be set forever
Councilman Eck said he had a different feeling on what the previous
action of the Council was regarding this matter as he thought it was
to work with the Open Space District toward its purchase of this land.
David Hansen indicated that it would be no problem with the Open Space
District for the City to reserve the right to re- acquire the land for
open space use which could include a golf course. If the City wants
parking area, a piece of the land could be split out for that or joint
use might want to be considered later. Councilman Eck said he would
like to see the Pimental property purchased by the Open Space District
with the possibility for an open space golf course.
Discussion followed, including further comments by Vice Mayor Eck that
the Open Space District is very flexible and would be willing to work
with the City toward some kind of plan which would include passive
recreation use such as golf courses. The City may have to hold out a
portion of land for a parking lot and club house facility.
Councilwoman Gallagher signified agreement with above comments of
Councilman Eck without parking lot /club house provisions.
Councilwoman Spiro signified agreement with Councilman Eck's comments
but with inclusion of the parking lot /club house provisions.
Discussion concluded with Council concurrence that it basically
desired the same direction previously given for Councilman Eck to
proceed with conrunications for the Open Space District to purchase
the Pimental property with above - reviewed passive use discretion by
the City.
Potential Transit Stations including former Larry Williamson property - City Manager
Netter referenced maps distributed to Council pertaining to a certain
piece of property formerly called the Larry Williamson property
located at the north city limits near the U. S. 101 freeway. He said
he was bringing this item to the attention of Council because it is 21
acres in the Open Space District priorities and is currently in a
contract of sale for approximately S440.000_ This lnnatA nn waq
considered as one of the potential transit stations, as listed on the
map. He said there is a conflict in Council policy concerning this
parcel, i.e. open space and transit station. Once this property is
purchased by the Open Space District, it can no longer be considered
for a transit station. City Manager asked Council to re- evaluate its
position on this site for a potential transit station before it is
purchased by the Open Space District, because after purchase, a
transit station will not be allowed.
Discussion included comments by Councilman Eck confirming that this is
part of the property accumulative process by the Open Space District
that will be sold back as conservation /open space areas. Councilman
Eck pointed out that there is a potential transit site just 200 to 300
yards on down the railroad track and that $440,000 is a lot of money
Rohnert Park City Council Minutes (11) February 22, 1994
for the property. He said staff is correct that this is something
that does impact the Council but consideration of the transit stations
are a long ways down the road to merit consideration of stopping the
Open Space District purchase. Councilman Eck said if the City wants
to buy the easement at a future date, that can be discussed later.
Council concurred.
Outside Services Agreement with Cotati - Rohnert Park Unified School District -
Snyder Lane Middle School - City Manager Netter explained the
resolution for consideration for this item, as reviewed in the Council
Meeting Memo, confirming that the Council previously approved in
concept to provide municipal services for the Snyder Lane Middle
School. Several meetings have been held between City staff and School
District representatives regarding development fees. The City
Attorney and the Attorney for the School District met regarding same
and concluded that the fees are basically negotiable. In summary,
staff recommends the total normal fees charged equaling $1,315.002, as
detailed in the Council Meeting Memo, be reduced to $449,598 to allow
a savings of $865,404 to the School District for fee reduction and fee
waivers. This agreement has been reviewed by the Cotati - Rohnert Park
Unified School District Superintendent and legal staff with agreement
signified in the terms and conditions. City Manager Netter reviewed
minor changes signified by the School District from faxed letter dated
February 17, 1994 and responded to various Council questions.
Discussion followed during which Councilman Hollingsworth expressed
concerns regarding school impact fees that the School District now
receives that the City formerly received and questioned the logic of a
one -way gift when the City does not get anything back from the School
District or the State and then proceeds with waiving an additional
$865,000 and still mast provide public safety, roads maintenance, etc.
It would only be good business tactics for the City to see where the
referenced school impact fees have gone amounting to approximately
$85 million. City Manager Netter responded that Dr. Buster,
Superintendent approached City staff with financial complications of
the Snyder Lane Middle School project caused by certain delays,
including problems with P. G. & E. lines, and asked if the City could
help toward relieving some of the burden. Councilwoman Spiro further
commented on discussions related to putting a new library in the
referenced area to meet the needs of the community and said $865,000
would also be a large amount of money toward that need. City Manager
said if the Council feels uncomfortable with the situation, the
Council Committee should review it further with the School District.
Councilwoman Gallagher said if the City can waive these fees, it
should, because the school should get all the help possible and this
should not be treated as a money making venture.
Further discussion included comrents by Councilman Eck confirming
willingness to waive some of the designated fees except the traffic
signals. City Engineer Brust responded that the school is paying the
full cost of the referenced traffic signals at approximately $80,000.
Discussion concluded with Council concurrence that this item should be
deferred following further review by Council Committee Members
Gallagher and Spiro with representatives of the School District.
Rohnert Park City Council Minutes (12) February 22, 1994
Tower Apartments /Burbank Housing regarding property title issue -
City Manager Netter referenced parcel map on display pertaining to
this item and shared contents of the Council Meeting Memo and the
supplemental report provided to Council. Because of the title problem
of the road to the west end of the referenced property that has been
used to access the City well and water tank, it appears that the most
expeditious way to proceed is to go through the Indemnification
Agreement and then have the Council consider the condemnation /abandon-
ment procedure. If Council decides to proceed in this manner, then
the recommendation of staff would be to go through the Community
Development Agency funds as scheduled later on this agenda.
Discussion followed during which City Attorney Flitner responded to
various Council questions confirming that he basically agreed with the
procedure as reviewed but with the need for further clarification and
revisions in the language of the indemnification agreement as the
terms were too general to ensure necessary protection to the City.
The language as it stands is quite broad and the reason for Burbank
Housing's need should be more thoroughly clarified (paragraph #1).
It should also be made clear and understood by Burbank Housing that
the City is done with its obligations related to this matter with
Burbank Housing (paragraph #3). Basically, what the City is saying is
that Burbank Housing can use the access way but the City is not going
to insure against lawsuits, etc. These stipulations would need to be
made a part of the record.
Discussion included Council expressing agreement that it would be
insufficient for the above - reviewed concerns of the City Attorney to
be made a part of the record only, but also needed to be included in
the language of the designated document.
Nick Stewart, representing Burbank Housing Corporation, confirmed discussion this
afternoon with City Attorney Flitner and said he understood the
concerns expressed by Mr. Flitner and reasons for the revisions. He
thought the language of the indemnification agreement could be worked
out to accommodate these concerns. W. Stewart further reviewed the
complexities of this matter and procedures involved for meeting March
1st, 1994 deadlines to qualify for significant funding for designated
project next year. Burbank Housing cannot proceed with its financing
until this title situation is cured to the satisfaction of all the
various lenders.
Lengthy discussion ensued during which Council expressed agreement
with the language revisions recommended by the City Attorney for the
overall protection of the City, as well as recognizing the need to
proceed in the most efficient way to enable Burbank Housing compliance
with deadlines. City Attorney Flitner confirmed that immediate
possession of the property can be secured upon filing if an appraisal
can be obtained. W. Flitner also responded to Council inquiry that
this issue could be declared an emergency item and the appropriate
resolution could then be adopted by title.
EMERGENCY Discussion concluded upon motion by Councilman Eck, seconded by
ITEM Councilwoman Gallagher, and unanimously approved, to declare the Tower
DECLARED Apartments /Burbank Housing property title issue an emergency item.
Rohnert Park City Council Minutes (13) February 22, 1994
Resolution A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL AUTHORIZING THE CITY
No. 94 -32 MANAGER AND CITY ATTORNEY TO TAKE STEPS TOWARD THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR THE PURPOSE OF PROVIDING A FEE SIMPLE ACCESS
TO CITY WATER TANK NO.1 /WELL SITE NO.4, FOR THE INSTALLATION OF
UTILITY LINES AND PIPES AND RELATED PUBLIC USES, AS SHOWN AND
DELINEATED ON THE ATTACHED EXHIBIT "A"
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, as
initially recommended by Councilman Hollingsworth, authorizing the
City Attorney to prepare the appropriate language for the above -
reviewed indemnification agreement and authorizing the City Manager to
execute same on behalf of the City, and adoption of Resolution
No. 94 -32 by title conditional upon the City Attorney resolving the
referenced indemnification agreement, was unanimously approved.
Ethics & Code of Conduct Draft - City Attorney Flitner said he prepared the
referenced proposed draft, as previously requested by Council, with
attached memorandum dated February 2, 1994 highlighting additional
pertinent sections the Council may wish to review. Acknowledgment was
made that the rough draft was provided for Council to make changes
where it deems appropriate.
Discussion followed during which Councilman. Eck recommended signifying
his/her versus the neutral gender reference. He said Council recently
received required formes for disclosure of financial statements and,
though he did not mind adopting this Ethics & Code of Conduct, there
are the State laws that actually govern the Council. Councilman
Hollingsworth agreed that this effort was re- inventing the wheel and
thought the Council should just follow the State guidelines.
Councilwoman Gallagher said she entertained review of this item
because the Code of Ethics on the Chamber wall was 22 years old and
she thought the update would be appropriate. Some citizens had also
signified to Ms. Gallagher the desire to develop an ethics committee.
A declaration of policy is missing in the referenced ethics code and
this should be the very first item listed. Discussion continued
A motion was made by Councilman Hollingsworth to table this item,
seconded by Councilwoman Spiro for discussion.
In further discussion, Councilwoman Spiro said, if anything, the
City's 22 year old Code of Ethics could be more defined as she
preferred more clarity relating to conflicts of interest in item 7 -E
and thought it advisable for Council to further review and re -read the
entire document. Councilman Hollingsworth responded that documents
can be rewritten endlessly but there has to be some confidence that
those elected are not inappropriate and those are known factors.
Councilwoman Spiro said there is no mechanism in the old code of
ethics to take care of the conflicts. Councilman. Eck said he refused
to buy into this as some form of political statement but thought it
would be nice to have something new to look at regarding old and new
Councils getting along. Mayor Reilly invited Vice Mayor Eck to join
him on a Council Committee to further review updated revisions for the
code of ethics. Councilwoman Gallagher said she would like to be on
the sub - committee as the initiator of the issue.
Councilman Hollingsworth withdrew his motion to table this item.
Rohnert Park City Council Minutes (14) February 22, 1994
Counuilitwi Hollingsworth withdrew his motion to tablc this item.
Mayor Reilly said the item would be brought back later for full
Council consideration and, therefore, retained his direction for
himself and Vice Mayor Eck to be the Council Committee to prepare an
updated code of ethics document for Council's consideration at a
future date.
Mayor Reilly
leaves Mayor Reilly left the Chamber at approximately 9:21 p.m. and returned
& returns during the following staff report at approximately 9:23 p.m.
City of Rohnert Park Wastewater Flows 1993 - This report was continued from the
previous Council meeting. Director of Public Works /City Engineer
Brust referenced this report with related attachments provided to
Council and shared contents therein as briefly reviewed in the Council
Meeting Memo. Based on the average dry weather flow of 3.48 mgd, Mr.
Brust computed the remaining estimated wastewater capacity as of
February 22nd, 1994 to be .1653. This computes to equivalent housing
units of 554 single family units, or 776 multiple family units. Mr.
Brust said these estimates signify that the City is better off than
was signified in the previous report.
Draft letter responses to Sonoma County Superior Court Presiding Judge -
City Manager Netter said this item was deferred from the previous
Council meeting to enable review by the full Council. He said the
draft letters were prepared for Council's review and /or appropriate
changes addressing the 1993 Grand Jury Report for two items as
follows: (1) response to recommendations on refuse collection in
Sonoma County; and (2) the Public Safety complaint procedures.
Council Committee Reports:
1. Sonoma County Transportation Authority (SCTA) - Councilman Eck updated the
Council on the February 7th, 1994 meeting of the SCTA. He reported on
the flooding issue that has been before the Authority whereby
an $80 million escrow account is holding up any kind of improvements
until the transportation plan is done. It is not clear at this time
if MTC is going to accept the plan but the major bone of contention
with the Authority is why is MrC holding up our money which is such a
huge amount. Sebastopol is not willing to buy on so there is not a
consensus so they are arguing with them. Discussion included Council
comments that they apparently did not learn anything from central
California with regard to the earthquake and that people are screaming
for mass transit now.
Discussion included comment by Councilwoman Spiro that she would like
it pointed out that Rohnert Park is certainly not the only city that
received the same critique, but Rohnert Park * i s - the- onl y- one - goy. rig- .Ou t-
*CORRECTION
-t'(T -bid; Councilwoman Gallagher referenced the choice of the other
from 3/8/94
Councilmembers to jointly respond on the Grand Jury Report and advised
Council mtg.:
that she would be sending her own response.
Change strike -out to " Rohnert Park left it open to go out to bid at the end of the
current
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
contract with
Spiro, with the exception of the above explanation that Councilwoman
Empire Waste
Gallagher would prepare her own response to be forwarded with the
Management ".
remaining Council's joint response, to accept the letter responses as
presented to be forwarded to Presiding Judge for the 1993 Grand Jury
Report, was unanimously approved.
Council Committee Reports:
1. Sonoma County Transportation Authority (SCTA) - Councilman Eck updated the
Council on the February 7th, 1994 meeting of the SCTA. He reported on
the flooding issue that has been before the Authority whereby
an $80 million escrow account is holding up any kind of improvements
until the transportation plan is done. It is not clear at this time
if MTC is going to accept the plan but the major bone of contention
with the Authority is why is MrC holding up our money which is such a
huge amount. Sebastopol is not willing to buy on so there is not a
consensus so they are arguing with them. Discussion included Council
comments that they apparently did not learn anything from central
California with regard to the earthquake and that people are screaming
for mass transit now.
Rohnert Park City Council Minutes (15) February 22, 1994
2. Mayors & Councilmembers Association Executive Meeting - Mayor Reilly reviewed
items related to this meeting as follows:
a) The Mayor advised that Friday, May 20th was selected as Countywide Day
of Non - violence and that some cities are going to correlate
significant activities on that date. Council concurred with recommen-
dation by Councilman Hollingsworth to give the Mayor authorization to
work with staff on what Rohnert Park is going to do for this occasion.
b) The Mayor advised that the County already adopted the Comprehensive
Countywide No- Smoking Ordinance which was endorsed by the Association.
c) The Mayor advised that at the request of Windsor, a Committee on By-
laws and procedures was established with sub - committee comprised of
member cities Santa Rosa, Sonoma and Windsor.
3. Councilwoman Gallagher, as Gang Task Force liaison, reported on the successful
results of community business walkers during the lunch hour at
University Square. She said about seven people participated in
walking the area in efforts toward keeping the peace, there were no
particular incidents, and it is working out really well. She said
volunteers are invited to participate in this effort for the
protection of high school students.
4. Councilwoman Spiro, as Council liaison for the Local Government Commission,
advised of her decision not to attend a particular* conference in
*CORRECTION FROM southern California for this Commission because of learning about
3/8/94 Council duplication of subject matter with other Council efforts and because
meeting: of the expense. Ms. Spiro said, for the record, that she personally
Signify two (2) wrote a check in the amount of $169 to the City to cover reimbursement
separate mtgs., of the non - refundable ticket that had been previously purchased for
1st, the reason her pre - registration to the conference.
Ms.Spiro did not attend the Local Gov't Commission meeting in L.A. was because it was CXLD;
& Communi cat ions -Com unications per the attached outline were brought to the attention
2nd, comments of the City Council. No action was taken unless specifically noted in
from Yosemite these minutes.
conference signified participation of the Committee would be at a minimum.
1. Councilwoman Spiro referenced item #6 on Commmications pertaining to the Public
Safety staff report on earthquake preparedness. She said Council
should make the decision, not staff, on whether or not costs related
to the purchase of a mobile medical unit are too high. Ms. Spiro said
she also took exception with the comrent that having a list of medical
people in the city would be an astronomical undertaking. Her conver-
sation with Dr. Wore signified otherwise and she thought it would be
important to have a list of medical professionals in the community of
a disaster and the possibility of being cut off like the *City of Los
*CORRECTION from Angeles with the recent earthquake. Ms. Spiro said she did not want
3/8/94 Council to be right, but prepared and recommended to continue working on the
meeting: preparation of such a list.
Change to "being cut off like Santa Clarita due to recent L.A. earthquake ".
Councilman Hollingsworth responded that he attended a recent insurance
conference in Sacramento. Free disaster procedure material is
available for the asking that can be inserted information in
newspapers, etc. If Public Safety is interested in obtaining the
material, Mr. Hollingsworth said he could put them in touch with the
outlets to receive the free informational material.
Rohnert Park City Council Minutes (16) February 22, 1994
2. Councilwoman Spiro referenced item #11 on Communications from Mountain Shadows
Golf Resort regarding the pre -paid green fee system. She referred to
a letter request from approximately sixty business women who have
met for 13 years and are asking for an exemption to this pre -paid
green fee system. Councilman Hollingsworth responded that he thought
that was the intention of the golf course. City Manager Netter
confirmed the item would be reviewed at the meeting scheduled with
golf course next Wednesday morning.
3. Councilwoman Spiro referenced item #16 on Communications regarding State Attorney
General's letter urging support of gambling commission proposal. She
said the same issue was brought up at the League of California Cities
meeting. Ms. Spiro recommended a letter of support be written over
the Mayor's signature. Council concurred the item should be placed in
the next Council agenda for further consideration.
City Manager's report:
1. Duck & Geese Relocation Program at Roberts Lake - City Manager Netter shared
contents of staff report pertaining to this item confirming that the
City and the Rohnert Park Animal Shelter have located a volunteer to
to take some of the over populated geese and ducks to their property
off Highway 12 near Sebastopol. Council concurred.
2. University Square /School District decision to close campus for 9th & 10th graders
City Manager Netter shared reasons for this decision as reviewed in
the Council Meeting Memo.
3. Memorial Service for Marion Case - City Manager Netter announced that the
memorial service for Marion Case were to be held at 12:00 noon on
Saturday, February 26th, 1994.
4. Demolition of Hewlett Packard building #3 - City Manager Netter advised that
Hewlett Packard has informed the City Engineer of its decision to
take down the third building that has been just the I -beams for
approximately 10 years.
5. Completion of Bus Shelter turn-out in front of Albertson's - City Manager Netter
referenced this item and asked if Council might want to consider
dedicating the completed bus shelter to Warren Hopkins since he was on
the Transportation Authority and Sonoma County Transit. This was the
suggestion of the Transportation Authority.
Upon motion by Councilman Eck, seconded by Councilwoman Spiro, with
Councilwoman Gallagher dissenting, to dedicate the above- referenced
bus shelter to Warren Hopkins with appropriate dedication ceremony,
was approved.
City Attorney's report:
1. LAFCO vs. Superior Court /Victorville vs. Superior Court - Letter requesting
support for petitions for review - City Attorney Flitner advised that
he had received a letter from another City familiar with this
situation after he submitted the referenced letter to Council for
consideration. With the conflicting information pertaining to EIR's,
City Attorney Flitner advised against getting involved.
2. City Attorney updated the City Council on the numerous Rent Control lawsuits.
Rohnert Park City Council Minutes (17) February 22, 1994
Matters from/for Council:
1. Setting date for joint meeting with City of Cotati - City Manager Netter advised
that Cotati would be hosting this year's joint meeting and asked
the Council to recommend a couple of dates. Council recommended
March 21st or March 28th, 1994.
2. Food 4 Less /Guns for Food Program - Councilwoman Spiro confirmed her request for
placement of this item on the agenda. She suggested that since
Rohnert Park has a Food 4 Less, maybe the City could be one of those
agencies that could help defer some of the costs for the Guns for Food
Program. City Manager Netter responded that collections for this
program were held at the Fair Grounds in Santa Rosa which also
included the Rohnert Park Food 4 Less. Councilman. Eck said the effort
was through the Santa Rosa Chamber of Commerce. Council agreed it
would be sufficient to send a letter from the City expressing
appreciation for the program and commending their actions.
3. League of Calif.Cities/North Bay Division Meeting in Vallejo - City Manager
Netter said this meeting was scheduled for Thursday, March 3, 1994.
4. Composting - Councilman Eck referenced the composting item that was reviewed
briefly by staff a couple of meetings ago pertaining to the
availability of compost for people to pick up. He said he would
like to see the City consider possibilities in terms of promoting the
market. Assistant City Manager Leivo confirmed that the contract
stipulates that 10% of the compost can come back to the jurisdiction
which seems to take several months to come back through the process.
Councilman Eck said it would seem to be kind of a natural approach to
have the compost available at the next Clean Up Day. Mr. Leivo said
the City of Cotati has signified plans to do something like this on
Earth Day and maybe Rohnert Park and Cotati could proceed
jointly on the effort. Councilman. Eck reminded that the effort should
be with some interest in promoting the market. City Manager Netter
said he thought the timing would be late April of early May. Mayor
Reilly said to find out when some of the compost can be obtained.
Councilman Eck recommended bringing back a - large quantity of
the compost, if Council agrees.
5. Appreciation for former Commissioners - Councilwoman Spiro questioned the consis-
tency of procedures for showing appreciation to retired Commissioners.
She referenced the gift and resolution presented earlier during this
meeting to David O'Brien for his 14 years of service on the Parks and
Recreation Commission and said she did not recall similar efforts to
express appreciation to Michael Mullins for his 20 years of service on
the Planning Commission. City Manager Netter said the Council had
similar efforts for Mr. Mullins the first time he left the Commission
and then he was re- appointed. The Council prepared a resolution of
appreciation the second time Mr. Mullins left the Commission which was
formally presented at the Planning Commission meeting. City Manager
Netter asked if Council would like give consideration to appreciation
lunches for former Commissioners since the special event that was
generally held for this purpose will no longer be held. Discussion
concluded in Council agreement that this would be a good idea and
arrangements should be made to include relevant staff for separate no
host appreciation lunches for both Mr. Mullins and Mr. O'Brien.
Rohnert Park City Council Minutes (18) February 22, 1994
b. Northbay Ecumenical Homes - Councilwoman Gallagher commended the letter from
Northbay Ecumenical Homes regarding who was acquiring the homes.
Unscheduled
Public Mayor Reilly asked if anyone in the audience wished to make an
Appearances appearance at this time.
Carol Haggerty, 167 Fescue Way, inquired about the City's policy for extending
appreciation to volunteers. Volunteers of certain departments and
programs are given lunches when other volunteers get no attention like
those of the Animal Shelter and, possibly, Friends of the Library.
Ms. Haggerty asked if a uniform policy could be developed.
Discussion included comment by Councilwoman Spiro that only Senior
Center volunteers with a certain number of hours previously qualified
to attend City sponsored luncheons for volunteers and such luncheons
should include all volunteers regardless of the number of hours.
Other Council comments signified unawareness of inconsistencies.
City Manger Netter confirmed he would check into the matter.
EXTEND MEETING TIME - A motion was made by Councilman Eck, seconded by Councilwoman
Gallagher, and unanimously approved, to extend the regular adjournment
time of this meeting in order to sufficiently proceed with the
Commmity Development Agency meeting scheduled on the agenda following
adjournment of this City Council meeting.
Adjournment Mayor Reilly adjourned the meeting at approximately 10:00 p.m. to
7:00 p.m. on Thursday, February 24th, 1994 for the "C" Section
Neighborhood Town Hall meeting at the ConT=ity Center.
low