1991/04/23 City Council MinutesRohnert Park City Council Minutes
April 23, 1991
The Council of the City of Rohnert Park met this date in
regular session commncing at 7:00 p.m. in the City Offices,
6750 Commerce Boulevard, Rohnert Park, with Mayor
Eck presiding.
CALL TO CRDER Mayor Eck called the regular session to order at approximately
7:09 p.m. and led the pledge of allegiance.
Mayor Eck advised that a closed session commenced this evening
at 6:45 p.m. to discuss the mobile home rent control litiga-
tion, litigation regarding flooding of the Russian River area
and a personnel matter. He said no action was taken and there
was nothing to report at this time though the City Attorney
might make a report later during tonight's meeting.
ROLL CALL Present: (4) Councilmembers Hollingsworth, Hopkins, Reilly,
and Mayor Eck
Absent: (1) Councilmember Spiro (due to illness)
Staff present for all or part of the maeting: City Manager
Netter, City Attorney Flitner, Assistant to the City Manager
Leivo, Planning Director Skanchy and City Engineer Brust.
Approval of Minutes Upon motion by Councilman Hollingsworth, seconded by
Councilman Reilly, the minutes of April 9, 1991 were
unanimously approved as submitted.
Approval of Bills Upon motion by Councilman Hollingsworth, seconded by
Councilman. Hopkins, and unanimously approved, the bills
presented per the attached list in the amount of
$368,078.08 were approved. CDA bills presented per the
attached list in the amount of $1,466.75 were approved.
Non- agendaed Mayor Eck queried if any Councilmember had any non- agendaed
Matters items to add to the agenda. No one responded.
Lhscheduled Public Mayor Eck stated that in compliance with State Law (The Brown
Appearances Act), anyone in the audience who wished to make a comment may
do so at this time. In most cases under legislation of the
new Brown Act, the Council cannot handle an item without
agendizing. To ensure accurate recording, "Speaker Cards" are
provided at the entrance of the Chamber and unscheduled public
appearances are requested to fill out the cards and present to
recording clerk after speaking. No one responded.
Rohnert Park City Council Minutes (2) April 23, 1991
C O N S E N T C A L E N D A R
Mayor Eck queried if anyone had any questions regarding the
matters on the Consent Calendar which were explained in the
City Nhnager's Council Nbeting Memo.
Acknowledging the City Manager /Clerk's report on the posting
of the agenda.
Resolution No. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER
91 -82 TO FILE NOTICE OF COMPLETION, CITY OUTREACH FOR YOUTH &
FANQLIES CENTER, PROJECT NO. 1990 -9
Resolution No. A RESOLUTION ACCEPTING GRANT DEED (from Codding Joint Venture
91 -83 for 50'x 100' lot on Wal Mart parcel)
Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
91 -84 RATIFYING PURCHASE APPROVAL OF A HAZARDOUS NgiTERIALS TRAILER
FOR THE DEPARTMWr OF PUBLIC SAFETY
Resolution No. A RESOLUTION AUTHORIZING REIM RSEWNT TO QANTAS DEVELOPMENT
91 -85 CORP. OR ITS ASSIGNEE FOR CERTAIN COPELAND CREEK DRAINAGE
PLAN IMPROVEMENTS
Ordinance No. 535 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TITLE 16 OF
THE ROHNERT PARK MUNICIPAL CODE TO ADD CHAPTER 16.56 TO
PROVIDE FOR INDEMNIFICATION TO THE CITY IN CERTAIN APPROVALS
Ordinance No. 536 AN ORDINANCE OF THE CITY OF ROHNERT PARK ANENDING THE ROHNERT
PARK MUNICIPAL CODE, TITLE 17.18.150 PARAGRAPH H TO READ "ALL
USES" PEPMITTED UNDER SECTION 17.16.160 AND SECTION 17.16.120
AND TO AMEND SECTION 17.16.120 BY ADDING PARAGRAPH W
Approving final subdivision map for Spreckels Place
Subdivision Unit No. 7 for 94 lot single family home
subdivision by Oceanis on 20.31 acre parcel (west of Bodway
and north of Magnolia Avenue) and accepting dedication of
Parcels " "_"Cll
Approving financial assistance to Rohnert Park Cardinals Girls
Softball team (under 14 years of age) for tournament in Coon
Rapids, Minn. as approved by Parks and Recreation ConTnission
on April 15, 1991
Approving Sports Center fee waiver for "Project Graduation
1991" for Rancho Cotate High School senior graduation party on
June 14, 1991
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved, the Consent Calendar
as outlined on the meeting's agenda was approved.
Rohnert Park City Council Minutes (3) April 23, 1991
Scheduled Public Appearances:
Ca. Dept. of Niental James C. Park, Youth Services Specialist of the Department of
Health '91 Exenplary Public Safety, presented the City Council with the 1991
Program Award Exemplary Program Award which was presented to the City on
April 17th at Asi lomar and said the California Department of
Mental Health selected the City of Rohnert Park's Youth
Services Bureau as the recipient of its 1991 Exemplary Program
Award. He said only two such awards were issued throughout
the state.
City Council thanked Mr. Park and the Youth Service Bureau for
a fine job done. In response to Council inquiry regarding the
Step into the Future self - esteem workshop for youth held last
Friday, Mr. Park said approximately 64 youth attended the 20
hour workshop. He said one young man made the decision to
get out of a local gang and the program was very
successful. Council also commended the Department of Public
Safety for this project.
World Police and City Manager Netter referenced copies provided to Council of
Fire Games letter dated April 7, 1991 from Rohnert Park Peace Officers
Association requesting financial assistance to help offset
costs of air fare and hotel expenses for the World Police and
Fire Games being held in Tennessee in June.
Discussion followed during which Council expressed concerns
regarding the Fair Political Practice Act and the City's role
in providing funding for this event because of the
Association's direct involvement for the first time last year
in supporting a City Council candidate. City Attorney Flitner
responded that he was not aware of any violations, but would
research the matter further.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, to defer this
request for financial assistance until after City Attorney has
researched this matter.
Abatement of City Manager Netter referenced copies provided to Council at
7608 Blair Avenue the previous Council meeting of Notice and Order of Abatement
to Vacate posted on the property located at 7608 Blair Avenue
with copy mailed to the owner, Peter G. Kerston attached to
letter of explanation dated April 11, 1991. Council was also
provided with photographs at the previous meeting showing
conditions of said property with confirmation that several
residents desired to give testimony regarding this matter.
Copies were also provided to Council of other docwTentation
regarding this matter including copy of the notice with
attached letter to W. John Rohrman of Santa Rosa, who has an
interest in said property, and letter dated April 5, 1991 from
Thomas E. Biasotti, a former resident of a dwelling owned by
the above - referenced property owner. City staff has
personally inspected the location and confirm that this
property is in an extreme dilapidated, deteriorating and
Rohnert Park City Council Minutes (4) April 23, 1991
hazardous condition which is definitely unsafe for habitation.
The City Attorney has been working with the City Manager and
Director of Public Works to ensure proper procedure with the
abatement proceedings and advised that individuals desiring to
give testimony regarding this abatement should be put under
oath prior to opening tonight's scheduled public hearing.
City Engineer Brust said notice was received this afternoon
that the referenced property, by default, was transferred
to a new owner, W. John Rohrman, who is present and may wish
to speak on this matter. He said the new owner has had a
large dumpster brought in to the property and has fenced off
the property with a chain link fence in efforts to
secure the property.
Discussion followed during which City Attorney Flitner
responded to Council inquiry that abatement notices were given
to all parties with an interest in said property, that
abatement could proceed regardless of new ownership, and that
if the owner did not appear in person at the scheduled public
hearing as noticed, it would suggest a waiver of his /her
rights, but the fact that the new owner was present at the
meeting clarifies the matter and Council is free to proceed
with the issue.
City Attorney Flitner sere in all individuals desiring to
speak during the public hearing for abatement of building
located at 7608 Blair Avenue.
Public Hearing Nhyor Eck opened the public hearing at approximately 7:25 p.m.
John RohrTnan. John Rohrman, P. O. Box JJ, Santa Rosa, California, confirmed
reception of certified mail letter and abatement notice for
the above- referenced property based on the recent trustee sale
which resulted from the previous owners failure to pay on a
$36,000 note. W. Rohrman reviewed the financing arrangements
for the property and said it was necessary for him to
imediately bring current the first by $6,200 to protect his
interest in said property. He said he is a CPA and not in the
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handled in the most expeditious way possible. W. Rohrman
reviewed details of accepting cash offer from a building
contractor through Real Estate Broker John Milner, and said he
had his son put up a cyclone fence and bring in a dunpster
for debris cleanup. W. Rohrman said the transaction is
in escrow at Northwestern Title Conpany in Petaluma and
that the new owner /contractor will step in as soon as
the loan is assumed. He responded to Council questions that
the buyer /contractor does not represent Peter Kerston. City
Engineer Brust responded to Council question that token
cosmetic changes would not be enough to satisfy the
Building Department and that a building permit is required.
Rohnert Park City Council Minutes (5) April 23, 1991
Larry Harris Larry Harris, 7536 Blair Avenue, said the neighbors know there
is a new owner of this property and understand he needs to be
given the chance to upgrade it but the neighbors will be
vigilant to see that the work be done. The transfers of
ownership sound confusing and tonight's comments so far have
not really specified what will be done with the property.
Mr. Harris asked what procedure can the City Council take to
ensure that the needed work will be done. He recommended
Council proceed with the abatement, asked about the time
element, and said he was pleased to see the fence put up as a
positive sign that cleanup has begun. He asked that the new
owner make sure there be no access for children to get into
the propel y with the danger of the duapster on the premises
that is being filled with trash from the house.
City Attorney Flitner responded that the City abatement
remains with the structure rather than the particular owner of
the property. Mayor Eck confirmed that the abatement
procedures would proceed and that staff would address the time
element at the close of the public hearing.
Tom Biasotti Tom Biasotti, 4525 Nbntgomery Drive, Santa Rosa, said he was
the former tenant of Peter Kerston's property at 7512 Blair
Avenue and would like to make Council aware that the deed
transfers appear to be typical delay actions like he
experienced with the 7512 Blair Avenue property. He asked
Council not to believe everything seen on the surface. He
said the ownership also changed on 7512 Blair Avenue
after he filed a suit on the rental.
John Hudson John Hudson, 399 Bonnie Avenue, said he assumed the new owners
would be responsible and clean up the property. He asked if
Council could put this item on the agenda in 30 to 45 days to
see that it doesn't get lost in the process and ensure that
the work gets done.
Janice Piehoff Janice Piehoff, 7560 Blair Avenue, requested that the barrier
surrounding this property be complete since a piece of
plywood is currently free standing at a gap at the end of the
cyclone fence.
There being no one further desiring to speak, Mayor Eck closed
the public hearing at approximately 7:45 p.m.
Discussion followed during which it was confirmed that the
escrow would close on or before May 31, 1991. City Attorney
Flitner responded to various Council questions regarding this
matter and said it might be well for Council to take action in
the form of a resolution and record that resolution against
the property.
Rohnert Park City Council Minutes (6) April 23, 1991
Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITIY OF ROHNERT PARK
91-86 ORDERING THE ABATEI= OF CERTAIN REAL PROPERTY LOCATED AT
7608 BLAIR AVENUE (Kersten/Rohrman)
A nation was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved to adopt
Resolution No. 91 -86 to proceed with the abatement of 7608
Blair Avenue and stay the order to June 1st, 1991 for
construction work to comrence within 10 days after close of
escrow, with friendly amendment by Councilman Reilly for
Council to review this matter in 30 days, and second friendly
anwid ent by Mayor Eck that the owner wi 11 repa i r the gap at
the end of the fence.
Bill Clark Bill Clark, 7708 Blair Avenue, asked if comments could be made
regarding addresses of other neglected properties.
Discussion followed during which Mayor Eck referenced the
recent field trip taken by himself and staff regarding
neglected buildings and suggested having the City Attorney
advise if there was some way to address these in group
fashion. He said abatements are legally a nuisance and the
ideal way to handle such situations is to write a note
to the Council to bring the matter to its attention which
would enable staff to proceed with communications directly
with property owners. City Manager Netter said staff is
currently looking at 359 Bonnie Avenue, 7912 Blair Avenue and
7711 Blair Avenue.
Donna Hecker Donna Hecker, 355 Bonnie Avenue, referenced the list of
addresses for neglected properties given to Council at the
previous Council meeting, and said three of the four homes no
longer belonged to Peter Kerston.
Mayor Eck expressed appreciation to the residents for their
concern, participation and patience in this matter.
Resolution No. A RESOLUTION ORDERING CITY NANAGER OF THE CITY OF ROHNERT PARK
91-87 TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK
City Manager Netter said pursuant to Council's directive given
on April 9th, 1991, notices to destroy weeds had been
Published and a public hearing has been scheduled at this time
to give an opportunity for the public to comment concerning
this matter. He said copies were provided to Council of
resolution for consideration which authorizes staff to abate
those weeds that have not been cut or abated by such time as
City staff appears at the locations to mow the weeds.
Rohnert Park City Council Minutes (7) April 23, 1991
Public Hearing Mayor Eck opened the public hearing at approximately 8:50 p.m.
There being no one desiring to speak, he closed the
public hearing.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, reading of
Resolution No. 91 -87 was waived and said resolution
was adopted.
Interim Housing Councilman Hollingsworth referenced the Interim Housing Task
Task Force Force opening of which a news release had been published in
I)Conmittec the local newspaper seeking applicants wiio are interested in
Appointment serving on this task force encouraging those citizens with
special needs to apply. He said to date no one has applied to
enable him to give consideration to his Committee appointment
to the Interim Housing Task Force. Assistant to the City
Manager Leivo said Mat Cunningham had confirmed by phone that
he was in the process of submitting a fact sheet to apply for
consideration to this appointment. Council concurred to defer
this matter to the next Council meeting.
2)Special Needs Mayor Eck explained, as previously discussed, that Council has
Housing considered directing the Interim Housing Task Force to
research and establish a recommendation to the full Council on
housing needs for individuals with special needs in the
community. He said in reviewing the matter that prior to this
direction by Council to the task force, City Attorney and
staff research and prepare a report regarding direction, laws
and procedures in handling these issues and what effects and
impacts to consider on existing City Codes.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Reilly, directing staff to research and review the
issues of housing for individuals with special needs and
report back with recommendation to City Council on procedures
and impacts on existing City Codes to attempt to address
these issues.
Discussion followed during which City Manager Netter
referenced a matter previously reviewed by Council regarding
the individual suffering from an environmental illness and
asked if Council wanted to give consideration to granting a
stay to Kathleen Burniham's appeal rights to the Planning
Commission action and delay enforcement of the existing
violation of the zoning ordinance until after the Council
reviews staff's report regarding this issue.
Councilman Hollingsworth amended his above motion as seconded
by Councilman Reilly, and unanimously approved, to include
granting a stay to Kathleen Burnham's appeal rights to the
Planning Commission action and authorize no enforcement until
after Council's review of report on special needs housing.
Rohnert Park City Council Minutes (8) April 23, 1991
Resolution No. A RESOLUTION IN SUPPORT OF PROPOSITION 98 FOR THE
91-88 STABILIZATION OF PUBLIC SCHOOL AND COMMUNITY COLLEGE FLMING
IN CALIFORNIA
Mayor Eck referenced request at the previous Council meeting
by citizen Ron Shaw to support Proposition 98 by resolution
for the stabilization of public schools and community college
funding in California. He said previous discussion with
Assemblyman Dan Hauser regarding this matter required Council
to review the matter further prior to adopting the resolution.
Mayor Eck said he had an additional opportunity to discuss
this matter in more detail with Assemblyman Hauser which
concluded in the recommendation that a resolution supporting
Prop 98 would be in order. He referenced copies provided to
Council of resolution prepared for Council's consideration
regarding this matter.
Discussion followed during which concerns were expressed
regarding the complexity of the State budget, that school
funding is just one of the budget problems, that the tendency
is for people to impose mandates and then not vote to pay for
them later via new taxes, and that Council desires the funding
of education be a high priority but not to the extent of
pitting counties against schools and cities.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, reading of
Resolution No. 91 -88 was waived and said resolution
was adopted.
Ordinance No. 537 AN ORDINANCE OF THE CITY OF ROHNERT PARK ADDING C1jAPTER 9.64
TO THE ROHNERT PARK M- NICIPAL CODE DESIGNATING THE DIRECTOR OF
PUBLIC WORKS AS RESPONSIBLE FOR COMMUNITY FORESTRY AND
ESTABLISHING PUBLIC TREE CARE POLICIES FOR PLANTING,
NAINTENANCE AND RENDVALS
City Manager Netter said copies were provided to Council of
draft ordinance adding Chapter 9.64 to the Rohnert Park
NUnicipal Code establishing a City tree ordinance. He said
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Assistant to the City Manager Leivo regarding the tree
ordinance and shared the contents therein.
A motion was made by Councilman Hopkins, seconded by
Councilman. Hollingsworth, to introduce Ordinance No. 537.
Sil Cincera Sil Cincera, P.G.& E. representative, said P.G.& E. would like
to help the City with this ordinance by recommending trees
that would comply with standards needed for overhead wiring.
He said there are also backyard trees in some sections of
which P.G.& E. is responsible for the same reasons.
Council agreed it would not be out of line to include direc-
tion in the tree ordinance as recommended by P.G.& E.
Rohnert Park City Council Minutes (9) April 23, 1991
Howard Boggs Howard Boggs, 5430 Commerce Blvd., said he would like to
suggest that the people affected by any tree removals,
placements, and /or replacements be notified and allowed to
respond with input prior to such action.
Discussion followed during which City Engineer Brust responded
to Council questions and said there is no strict definition
regarding alteration to preserve trees.
Upon above motion by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved, to include
amerdments that P . G . & E. assist with tree recommendat i on'is
and that the owners of properties fronting along the proposed
area of the tree planting, removals or replacements will be
notified, Ordinance No. 537 was introduced.
Ordinance No. 538 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 3.24
OF TITLE 3 OF THE ROHNERT PARK MUNICIPAL CODE (Transient
Occupancy Tax)
City Manager Netter said copies were provided to Council of
ordinance for introduction that would amend Chapter 3.24 of
the Rohnert Park Municipal Code making various changes to the
Transient Occupancy Tax (TOT) section which would eliminate
the exemption of the payment of the 10% TCT by any Federal or
State of California officer employee when on official
business. The exemption currently exists in the Rohnert Park
Municipal Code. City Attorney Flitner has researched this
issue and discovered the California Attorney General has
specifically concluded that federal, state and local officers
employees are neither immune nor exempt from this tax, even
when the employing agency reimburses them for expenses. The
removal of this exemption would increase the City's TOT by
approximately $10,000 annually. City Attorney has reviewed
this material and prepared an ordinance which will amend the
necessary chapters in sections to eliminate this exemption.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, Ordinance
No. 538 was introduced.
Ordinance No. 539 AN ORDINANCE OF THE CITY OF ROHNERT PARK ADDING CHAPTER 9.92
TO TITLE 9 OF THE ROHNERT PARK MUNICIPAL CODE 9 (Retail
Firearms Dealers)
City Manager Netter distributed copies to Council of ordinance
for introduction prepared by City Attorney Flitner amending
Chapter 9 of the Rohnert Park Municipal Code to provide for
the issuance of a permit for retail firearms dealers. He said
copies were provided to Council of memo with attachments dated
April 4, 1991 from Director of Public Safety Dennett regarding
Rohnert Park City Council Minutes (10) April 23, 1991
his recommendation to approve this program as submitted by the
City of Santa Rosa. Mr. Netter responded to Council questions
and reviewed the recommended fee structure for the
applications as outlined in Director Dennett's report.
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved, Ordinance No. 539
was introduced.
Mayor Eck said the ordinances introduced tonight would be up
for adoption at the next Council meeting.
Planning & Zoning: Planning Director Skanchy said copies were provided to Council
File No. 1463 of Planning Staff Report dated February 14, 1991, revised
April 16, 1991 regarding File No. 1463 - Unocal Oil Company
and shared contents therein regarding Planning Commission
approval at its March 28th meeting for Site Plan and
Architectural Review for a 24 hour full service station
including a mini food mart, car vash and lube center to be
located on the west side of Redwtiod Drive south of Wilfred
Avenue. He said it was necessary for the Planning Commission
to continue this item from its March 14th meeting due to a
revision in the size. He referenced plans on display,
explained revisions and responded to Council questions.
Bill Forgensi Bill Forgensi, Architect for Unocal Oil Company, said he was
available to respond to Council questions.
A motion was made by Councilman Hopkins, seconded by
Councilman Reilly, and unanimously approved, to approve File
No. 1463 - Unocal Oil Company Site Plan and Architectural
Review as recommended by the Planning Commission.
Councilman Hopkins Councilman Hopkins left the Council Chamber at approximately
leaves 8:14 p.m.
Discussion followed during which Council compared the
neighboring Shell Service Station with the proposed plans of
Unocal Oil Company and raised questions regarding visual
identification to attract business from the freeway.
Councilman Hopkins Councilman Hopkins returned to the Council Chamber at
returns approximately 8:20 p.m.
RECESS Mayor Eck declared a recess at approximately 8:20 p.m.
RECIONVENE Mayor Eck reconvened the Council meeting at approxi-
mately 8:25 p.m. with all Councilmembers present except
Councilmember Spiro.
Rohnert Park City Council Minutes (11) April 23, 1991
Luther Burbank Center -City Manager Netter said copies were provided to Council of
letter dated April 11, 1991 from Eugene Jemail, Executive
Director of Luther Burbank Center for the Arts requesting a
ruling in regard to shifting water usage from the Center to
Larkfield Water Cody and shared the contents therein which
referenced previous $100,000 contribution by the City to the
Center for the capital fund drive to reduce the debt on its
facility. As part of the agreement in providing those funds,
a reversionary clause was included stating the funds would be
repaid to the City under certain conditions which included
ceasing to remain a duly organized and existing non - profit
corporation, sells or conveys all or part of the existing
center's property currently used for the purposes of a non-
profit corporation, becomes insolvent, or fails to a
substantial degree for a period of 90 days in providing
theatrical, musical or other entertainment performances which
would benefit the residents of Rohnert Park. Mr. Jemail's
letter expressed concern referencing the statement regarding
repayment agreement to the City because of the Larkfield Water
Company wanting to take over ownership of the existing water
lines in order to provide City water to Luther Burbank Center
is a transfer of ownership of those waterlines. Mr. Netter
said it is staff's recommendation that a letter of response be
written stating that the provision of repayment to the City
would not apply since this transfer does not necessitate
a selling or transfer of the property in the context of
the meaning of the agreement.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved, to respond
by letter to Luther Burbank Center that the transfer to shift
water usage does not apply to the City's reversionary clause.
Open Space Advisory Mayor Eck referenced copies provided to Council of his letter
Committee Apptmts as Chairman of the Mayors' and Councilmembers' Association
dated April 18, 1991 to the County Board of Supervisors
regarding Appointments to the Open Space Advisory Committee
and the recent meeting for same he and City Manager Netter
attended in which it was agreed by all the cities that the
three openings for appointments by the Board of Supervisors
would come from those cities that are not currently
represented which include the Cities of Santa Rosa, Rohnert
Park, Sonoma, Cotati and Cloverdale. Council should decide
which elected official it desires to nominate at the next
Mayors' and Councilmembers' Association meeting to represent
Rohnert Park.
Discussion followed during which it was confirmed that meeting
times and dates for the Open Space Advisory Committee have not
be established because the County Board of Supervisors is
holding off setting same until an Executive Director is hired.
Councilman Hollingsworth requested his name be withdrawn as he
Rohnert Park City Council Minutes (12) April 23, 1991
needs to operate from an established time frame. Mayor Eck
said he agreed to the need of the established times and dates.
He also said six out of eight cities will have representation.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Reilly, to submit Mayor Eck's name as Council's
nomination to the Open Space Advisory Committee, and approved
by the following vote:
AYES: (3) Councilman Hollingsworth, Hopkins and Reilly
NOES: (1) Mayor Eck
ABSENT: (1) Councilmember Spiro
Mayor Eck said if Councilmember Spiro is interested in the
appointment, he would prefer her nomination to this committee.
Council concurred.
So. Co. Trans. Author. City Manager Netter referenced copies provided to Council of
letter dated April 5th, 1991 from David Knight, Transit
Systems Manager of the Sonoma County Department of Public
Works regarding alternative formulas for participation in
staffing of the Sonoma County Transportation Authority. The
letter indicated that an estimate of $50,000 of funding is
needed for the 1991 -92 budget to assist in funding and that a
specific formula of sharing the cost should be established.
Mr. Netter said City Council had indicated at its previous
meeting that it was premature to be hiring a part time
Executive Director for this Authority. Staff recommends a
letter be sent to David Knight indicating that Council still
considers it premature to establish a part time Executive
Director, but when the time is appropriate for the
distribution of the share of costs, that the formula used in
allocating the costs should be based on the 2105 formula which
would result in Rohnert Park being responsible for 5.64% of
the costs.
Discussion followed during which concerns were expressed in
regard to the necessity of funding both this Authority and the
101 Corridor Action Committee. Mayor Eck recommended
withdrawing from Darticication_ in the i n1 rnrri Anr n.-+ i --
Committee whereas Councilman Hopkins recommended vcontinued
involvement in the 101 Corridor Action Committee and said
there will come a day when the Sonoma County Transportation
Authority will need to address county transportation problems.
There was general discussion on the decision making power of
the Transportation Authority and the 101 Corridor Action
Committee and how it may be more appropriate to have the same
elected official on both committees. Councilman Hopkins
agreed and volunteered to have Mayor Eck replace him on the
Sonoma County Transportation Authority. No action was taken.
A motion was made by Councilman. Hollingsworth, seconded by
Councilman Reilly, and unanimously approved, to send a letter
of response indicating Council's approval to share the costs
Rohnert Park City Council Minutes (13) April 23, 1991
for the Authority's part time Executive Director based on the
2105 formula distribution when the City feels such staffing
becomes necessary.
Golden Gate Bridge City Manager Netter explained that copies were provided to
Fare Increases Council of a complete packet of information on a public
hearing notice for proposed Golden Gate Bridge tolls and
transit fare increases. A public hearing has been scheduled
in Sonoma County on May 1, 1991 at 7:30 p.m. at the Planning
Commission Chambers at the Sonoma County Administration
Building, Santa Rosa, Calif. The item was placed on the
agenda in order to solicit input from Council prior to the
specified deadline for written comrents due by May 2nd, 1991
regarding a position on bridge tolls which are proposed to be
increased from $2.00 to $3.00 which would provide additional
funding for transit and ferry services.
Discussion followed during which it was concluded that a
letter should be drafted from the Mayor encouraging the Bridge
District to review its expenses more closely instead of
raising bridge tolls and remove the bridge tolls or lower the
toll for vehicles with three or more people during non - commute
hours, especially for the weekend travelers.
Communications Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
Iiyor's Frog Jul Councilman Hollingsworth referenced letter dated April 1, 1991
from Calaveras County Fair & Jumping Frog Jubilee and made a
motion to send a jumping frog called "To Heck with Eck" as the
Mayor's entry in the Mayor's Frog Jump on Friday, May 17th,
seconded by Mayor Eck, and unanimously approved, with an
amendment by Mayor Eck that Councilman Hollingsworth house,
feed and train the frog after Assistant to the City Nanager
Leivo catches it. (Done in jest)
Natl Police Week Mayor Eck referenced letter dated April 15, 1991 from Sonoma
County Sheriff's Office Employees Association requesting to
proclaim May 15, 1991 as Police Week and May 14, 1991 as Peace
Officers Memorial Day and said this should be done by
resolution on the next Council agenda. Council agreed.
Sister Cities Co[mt. City Manager Netter referenced letter dated April 15, 1991
from Rohnert Park Sister Cities Committee requesting funding
allocation for the 1991 -92 fiscal year and said a letter of
response will be sent advising that this request will
be included for consideration during the City's 1991 -92
budget review.
Reclaimed Water City Manager Netter confirmed a letter would be written over
the Mayor's signature responding to letter dated April 4, 1991
from Cheryl Hand Kaul regarding efforts supporting reclaimed
water access.
Rohnert Park City Council Minutes (14) April 23, 1991
Ificrowave Wireless Councilman Hollingsworth referenced memo dated April 18, 1991
Cable TV System from Assistant to the City Manager Leivo regarding microwave
wireless cable TV system and requested staff to make
arrangements for a presentation to Council Cable TV Committee
in order to review cost comparisons and effectiveness.
Health Ins.Premiums City Manager Nettter referenced letter dated April 10, 1991
from City of Fortuna regarding REMIF health premium increases
and confirmed that a letter of response would be written over
the Mayor's signature.
City 's Report:City Manager Netter referenced area photograph on display and
Proposed Golf Course pointed out open space for proposed golf course as specified
in the General Plan on west side of U. S. Highway 101 directly
west of Rancho Verde Nbbile Home Park. Erased on discussions
with a representative of the property owners, Mr. Netter said
the first step in getting this project on the drawing board is
to have an appraisal of the property in order to establish
what is a fair and reasonable price for the property.
Mr. Netter requested Council authorization to proceed with an
appraisal of the property. He responded to Council inquiry
that funding for purchase of the property would be pursued
later, but a number of options are available, some of which do
not require expenditure of City funds.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, authorizing
staff to obtain an appraisal on the property directly west of
the Rancho Verde Nbbile Home Park in consideration for the
proposed golf course.
Performing Arts Cntr City Manager Netter said staff has also been discussing the
Land Acquisition 33,000 sq. ft. lot on Snyder Lane adjacent to the parking lot
of the Performing Arts Center for possible acquisition. The
owner of this property is Ray Pollard who may be interested in
trading this parcel for a City parcel west of U. S. 101 in the
Rohnert Park Stadium area. The first step in proceeding with
this project would be to obtain an appraisal of this property
afterwhich staff could put together a proposal to Ray Pollard
1 ME rat inn trade nnnci riora+ i on for lot .. d t o .,�.
--- - ...- ..........). ............. ...vrwavviva.avaa i.vt lvl. .�71ze a10..t 1VC.Cll,1VL1 L1Cdi
the stadium. He said the lot next to the Performing Arts
Center may be needed in the future for expanded parking.
Discussion followed.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved,
authorizing staff to proceed with appraisal of Ray Pollard's
lot adjacent to Performing Arts Center.
Wine Center Update City Manager Netter said two letters have been received from
the Red Lion Management indicating interest in expanding its
facility based on the proposed Wine Center's completion in
that area. He said based on discussion with Red Lion Inn
Rohnert Park City Council Minutes (15) April 23, 1991
representative, the
catalyst for the
Mr. Netter said an
economic study.
addition of a wince center would be the
expansion of rooms from 245 to 395.
EIR is being completed along with an
Recycling /Apartmmts City Manager Netter distributed copies to Council of report
& bbbile Ham Parks from Recycle America updating the efforts to date for the
multi- family recycling program including the mobile home parks
and shared the contents therein. He said Phase I and part of
Phase II is completed and work has started on Phase III.
Discussion followed during which Council directed staff to
contact Empire Waste Management to have recycling bins placed
at the high school for its aluminum can recycle program. In
addition, Council recommended that recycling should remain in
the County's Public Works Department and not the Public
Health Department.
AB 939 & Waste City Manager Netter referenced copies provided to Council of
N�nagement of Calif. letter dated April 16, 1991 from Lainey Gerber, Clerk of the
Board of Supervisors, indicating that Waste Management of
California would rake a presentation at 10:30 a.m. on April
23rd to the Board on the challenges of AB939 and possible
waste management solutions. Copies were also provided to
Council of letter dated April 18, 1991 from Waste Management
of California regarding same. The two proposals included in
the program were the private landfill operation proposed off
of Lakeville Highway and a materials recovery facility
proposed west of Rohnert Park off Stony Point Road. Eric
Koenigshofer, consultant for Waste Management of California,
has contacted staff in regard to these programs and has
offered to meet with the Council Committee on Garbage to
discuss the two proposals in more depth. Council agreed that
staff should set up a Council Committee meeting regarding
this matter.
Hunter/Ehterprise Dr. City Manager Netter referenced copies provided to Council of
intersection letter from Senior. Citizens Advisory Commission Chairman
John Chase regarding safety hazards at Hunter Drive and
Enterprise Drive intersection. He said in discussion with
Director of Public Works Brust, the best and most expensive
option would be a left hand turn lane with another option
being to put up stop signs. Mr. Brust confirmed that this
intersection is on the borderline regarding the necessity of
stop signs which will, however, be needed in the not too
distant future. He said the problem time is currently in the
evening. Discussion followed.
A motion was made by Councilman Reilly, seconded by Councilman
Hopkins, and unanimously approved, to approve by resolution at
the next Council meeting the installation of stop signs at the
Hunter /Enterprise Drive intersection in both the east and
west directions.
Rohnert Park City Council Minutes (16) April 23, 1991
Dante Vista
City Manager Netter referenced copies provided to Council of
Elementary
two appraisals received on the Nbnte Vista Elementary School
School Site
site which is owned by the City and of which the City has an
agreement to sell to the Cotati - Rohnert Park Unified School
District at the then existing appraisal. The School District
had indicated that funds are expected from Sacramento in June
of this year, therefore, the two appraisals have been
completed. The first appraisal was by Harding Appraisal
Company which was the firm that completed the appraisal in
Marche of 1991. The Harding Appraisal Company's appraisal is
$2,400,000 which computes to $267,000 an acre. The second
appraisal received from Vice Appraisal Company appraises the
property at $2,450,000 which computes to $272,000 an acre.
Mr. Netter recommended approval of the higher appraisal.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, to accept Vice
Appraisal Company's appraisal for the Nbnte Vista Elementary
School site in the amsunt of $2,450,000.
Fireworks Ban
City Manager Netter informed Council that at the last Mayors'
and Councilmembers' Association meeting, the banning of the
sale of safe and sane fireworks countywide was discussed. At
the meeting of April 11th, it was reported that the Cities of
Petaluma and Santa Rosa have both recently agreed to allow the
sale of fireworks, therefore, a countywide ban cannot be
accomplished this year.
SB2557 & SB203 City Manager Netter referenced copies provided to Council of
letter dated April 11, 1991 from Rodney Dole, Auditor -
Controller of the County responding to a letter from the City
opposing the charges for Property Tax Administration Fees
applied to redevelopment agencies and shared contents therein
which explained the County's reasons for denial of this and
other cities' requests to cancel invoices for the cities' 50%
proportionate share. Mr. Dole's letter reviewed action taken
by the Board of Supervisors by resolution establishing that
any redevelopment agency that challenges the payment of this
fee will automatically lose the authorized 50% credit. Mr.
Netter Said rnrmnIniratinna with +hc H,,.7; +-- .r... +, iI --
indicate that if the City continues to challenge this as of
April 22nd, 1991 when the bills are due, then the County will
re -bill the City's redevlopment agency for 100% increasing the
billing from $19,877 to $39,754. He advised that this item
will be discussed further with the City Managers at its
meeting of May 3rd, as well as the whole issue of SB 2557
regarding charging Booking Fees and Property Tax
Administrative Fees, which is also the topic for the Mayors'
and Councilmembers' Asosociation meeting of May 9th, 1991. In
the meantime, Mr. Netter advised that the Auditor -- Controller
has extended the time period until May 10 to allow for each
city to decide whether to continue the challenge or not.
Rohnert Park City Council Minutes (17) April 23, 1991
M ltiVision Cable TV City Manager Netter said staff has been discussing the hookup
CDA Refunding City Manager Netter referenced the Community Development
refunding issue that Council previously authorized and said
the City might be able to save approximately $50,000 annually
extending the debt two years, if the interest rates
continue to drop. We should know in the next couple of weeks.
City Attorney's Report:City Attorney Flitner said the last three days of hearings
for the =bile home rent control lawsuit are here in Rohnert
Park but the Judge had time conflicts with the fourth and
fifth days. The trial is scheduled to start on May 28th.
City Attorney Flitner said the Lugli matter has been settled
regarding issuance of a refund for funds paid into the
Copeland Creek Drainage Facility program.
City Attorney Flitner said the Price Club issue has
been settled.
charges for the new limited basic service with M. L. Nbdia.
General Manager Fran Parkey has indicated she would only
charge a basic hookup charge of $29.95. for all limited basic
subscribers who have an existing service. She indicates that
any new service for an individual who desires the limited
basic service would have to pay the listed charge of $59.95
because there is a cost of a reverse trap necessary in order
to provide this service. Fran Parkey indicated that
originally the plan was to charge $59.95 for all limited basic
service connections whether new or existing, but has agreed to
this modification in order to accommodate the City's request.
PRIM Conference
City Manager Netter informed Council that, as Board Nambers of
RIMF, he and Finance Director Harrow would be attending
the PRIM Conference from May lath through 16th in
Atlanta, Georgia.
M Section Public
City Manager Netter said finishing touches such as furnishings
Safety Substation
were being done at the M Section Public Safety Substation and
Dedication
requested Council to set a time for the dedication of same.
Council agreed to Thursday, May 23rd at 5:30 p.m.
Youth & Family Catr
City Manager Netter said setting the date and time for the
Grand Opening
grand opening of the Youth & Family Center at Codding Center
would be deferred until information is received from the
Committee on Youth and Family (COYF) subcommittee for handling.
Mayors'& Council-
City Manager Netter said on May 9th at the Mayors' and
ambers' Committee
Councilmembers' General Meeting all elected officials who
Reports
serve on committees would be asked to give written /oral
reports and updates. Councilman Reilly is responsible for the
Hazardous Materials Commission and Councilman Hopkins is
responsible for a LAFCO report. Mayor Eck said we have no
idea if this system is going to work but so far the members
have been responsive to this idea.
CDA Refunding City Manager Netter referenced the Community Development
refunding issue that Council previously authorized and said
the City might be able to save approximately $50,000 annually
extending the debt two years, if the interest rates
continue to drop. We should know in the next couple of weeks.
City Attorney's Report:City Attorney Flitner said the last three days of hearings
for the =bile home rent control lawsuit are here in Rohnert
Park but the Judge had time conflicts with the fourth and
fifth days. The trial is scheduled to start on May 28th.
City Attorney Flitner said the Lugli matter has been settled
regarding issuance of a refund for funds paid into the
Copeland Creek Drainage Facility program.
City Attorney Flitner said the Price Club issue has
been settled.
Rohnert Park City Council Minutes (18) April 23, 1991
Matters from Council: Mayor Eck referenced copies provided to Council of letter
Supervisorial Redist. dated April 8, 1991 from County Board of Supervisors regarding
Supervisorial Redistricting Advisory Committee response to
City's previous letter and shared contents therein. He
pointed out that the Board of Supervisors is apparently not
interested in what Council had to say regarding Rohnert
Park's representation by one district rather than three.
He said Council should continue to make efforts to remind the
Board that the City should be in one supervisorial district.
Fish Derby City Manager Netter referenced copies provided to Council of
flyers from the Recreation Department regarding the Ninth
Annual Fishing Derby for boys and girls 15 years old and under
on Saturday, April 27th from 7:00 a.m. to 10:00 a.m. He said
fishing licenses are not required for organized events
such as this, as the fish are caught and returned back
to the lake.
Miailand Visitors City Manager Netter referenced copies provided to Council
regarding tour schedule for Thailand visitors from 2:00 p.m.
to 4:00 p.m. on May 2nd, 1991. Councilman Hollingsworth said
he might be available to attend the tour.
Chamber Trade Show City Manager Netter said the Chamber Trade Show would be held
on May 13th from 4:00 p.m. to 8:00 p.m. at the Red Lion Inn
and that the Healthy Cities Committee has been invited to
participate. Assistant to the City Manager Leivo said the
Committee has been contacted by the Chamber offering a free
booth and choice of location to the Healthy Cities Project.
Mayor Eck requested Mr. Leivo to convey appreciation to the
Chamber from the Council for this courtesy.
Redwood Eitpire Div. Mayor Eck referenced copies provided to Council of notice from
Quarterly Meeting League of California City Redwood Empire Division quarterly
meeting to be held in Clearlake on May 18, 1991 and said he
may attend the meeting.
Miscellaneous:
Insurance Comparisons - Councilman Hopkins requested staff to review insurance
comparisons between ABAC and REMIF as there were comments made
as a recent ABAC meeting regarding the savings through the
insurance pool of ABAG. City Manager Netter reviewed some of
the benefits the City has experienced through RE741F including
a refund of approximately $1 million to the cities twn or
three years ago. Discussion followed.
Trees /Shopping Center -Mayor Eck asked about the tree removals at the Commerce
Blvd. /Expressway Drive shopping center. Discussion followed
during which City Engineer Brust responded to Council
questions and said the area north of the main drive way had to
be widened for a bus turn out, that staff is working with them
Rohnert Park City Council Minutes (19) April 23, 1991
now regarding the modified plan, and confirmed there were
established plans for the revisions at this shopping center.
City Manager Netter said a report on the landscaping of this
shopping center would be provided by staff at the next
Council meeting.
Senior Coaplex Councilman Hollingsworth said he noticed that no action had
been taken to date regarding construction of the roof on the
new senior apartment complex located on Enterprise Drive and
recommended no occupancy until this is done. City Manager
Netter and City Engineer Brust confirmed a roof is in
the plans and will be constructed prior to issuance of
occupancy permit.
Clarion Reporter Councilman Reilly said he had conversation earlier with
Clarion Reporter David Allen, who advised that he will no
longer be covering the Council meetings due to accepting
a reporting position with a daily newspaper in Petaluma.
Mayor Eck said to let the minutes reflect that Council will
miss him and expressed regrets that acknowledgment of
Council's appreciation was not extended earlier during
tonight's meeting when W. Allen was present.
Millie Hamill City Manager Netter said the Millie Hamill Performers Lounge
dedication ceremony will begin at 1:00 p.m. on Sunday,
May 5th, 1991 at the Performing Arts Center.
Lhscheduled Public Mayor Eck asked if anyone in the audience wished to make an
Appearances appearance at this time.
Russell B. Oleson Russell Oleson, 298 Burton Avenue, said on behalf of three
Veterans groups of which he 'Aus a member of Post 338, he would
like to invite City officials to the Memorial Day Service on
May 27, 1991 at the ComTunity Center beginning with the
band playing at 10:00 a.m. and the Avenue of Flags at 10:30
a.m. He said there was trouble with the sound system last
year and asked if efforts could be made to be sure it is in
good working order this year. City Manager Netter confirmed
that the sound systems of all the City facilities are of
highest priority and will be repaired.
Adjounmient. Mayor Eck adjourned the meeting at approximately 9:35 p.m.
Deput Cit Clerk Mayor