1995/09/12 City Council MinutesRohnert Park City Council Minutes
September 12, 1995
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 Eck presiding.
CALL TO ORDER: Mayor Eck called the regular session to order at approximately 7:12 p.m. and
led the pledge of allegiance.
*CORRECTION from 9/26/95 City Council meeting per Councilman Reilly (signified below by lined out deletion/underlined addition)
Mayor Eck advised that a closed session commenced this evening at 6:00 to discuss
litigation matters, personnel matters and labor negotiations as listed on the agenda
attachment as follows: consideration of condemnation pertaining to the Utility
Distribution System; the Kuhn case is scheduled to be *setfled heard on December
26, 1995; the Hallock case is holding judgment pending appeal pertaining to some
concerns regarding collecting legal fees; one of the contracts for labor negotiations
was discussed and will be considered for approval later during this Council meeting
and negotiations are continuing on the others listed on the agenda. No action was
taken and there was nothing further to report at this time.
ROLL CALL Present: (5) Councilmembers Flores, Gallagher, Reilly, Spiro and Mayor Eck
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 Safety Rooney and Fire
Commander Shields
APPROVAL OF MINUTES: City Manager Netter advised the August 17, 1995 were drafted and in
the process of finalizing and would be presented for approval at the next Council
meeting. Corrections to the August 22nd, 1995 minutes were reviewed as follows:
Vice Mayor Linda Spiro referred to page 18 to change the reference to a letter
from United Way to "a meeting with United Way "; and on page 19, second
paragraph regarding the urban growth boundary issue being a "done deal ", change
per the General Plan Committee to "the Mayors and Councilmembers Association ".
Councilwoman Gallagher referenced paragraph on page 8 regarding funds allocated
to the Chamber of Commerce, change the 3rd sentence to "they should represent all
businesses fairly and they should not be on the city's check book ", and change the
4th sentence to state "she is strongly opposed to breaking the current contract the
ciIy has with the Chamber. (Underlines herein signify correction changes).
Rohnert Park City Council Minutes ( 2 ) September 12, 1995
Mayor Eck advised the additional comments by Councilwoman Gallagher on the
Chamber item and related Council responses were not corrections to the previous
meeting minutes but should be considered new business and placed under matters
from Council scheduled later on tonight's agenda.
Councilwoman Gallagher referenced pages 16 and 17 to change, where relevant,
"elected" to "nominated ", throughout the General Plan Advisory Committee item.
Upon motion by Councilman Flores, seconded by Councilwoman Gallagher,
minutes of August 22, 1995 with above - reviewed corrections, were unanimously
approved as amended.
APPROVAL OF BILLS: City Manager Netter responded to Council questions related to the bills
presented for approval.
Upon motion by Councilman Reilly, seconded by Councilman Flores, City bills
presented per the attached list in the amount of $947,488.50 were unanimously
approved.
NON- AGENDAED MATTERS: Mayor Eck asked if Councilmembers or staff had any non - agendaed
items to add to the agenda. Items to add were signified as follows:
One by Councilwoman Gallagher on affordable housing statistics; one by Vice
Mayor Linda Spiro on responsibility related to accusations by Councilmembers;
two by Councilman Reilly regarding 1) Hugh Codding letter and 2) fire services;
and three by City Manager Netter regarding 1) Creekside School annexation
request from two citizens, 2) OADS on Governor's award and 3) U.S. Highway
101/Rohnert Park Expressway loop project.
UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck stated that in compliance with State Law
(The Brown Act), citizens wishing to make a comment may do so at this time.
Under 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 completed cards to the recording clerk.
Stop Signs at Middlebrook Way/Maximillian Place - Jennifer Gearing, 7489 Maximilliam Place,
explained reasons for urging Council's support for installation of stop signs at the
intersection of Middlebrook Way and Maximillian Place. Mayor Eck advised this is
a Consent Calendar item on tonight's agenda.
Golf Course Labor Petition - Bill Smith, 81 Barham Avenue, Santa Rosa, Ca.95407, Business
Manager of Laborers Local No. 139, explained informational items distributed to
Council regarding its petition before the National Labor Relations Board in San
Francisco pertaining to unfair labor practices claimed against American Golf
Corporation, dba Mountain Shadows Resort. City Manager Netter commented
Rohnert Park City Council Minutes ( 3 ) September 12, 1995
that City Council should be cautious that the City does not get involved with
management issues of the golf course, and that this item is being handled by
American Golf Attorneys. Mr. Smith responded to Council inquiry that they were
not asking the City to get involved in management efforts of the golf course but to
be aware of the matter and consider efforts to protect golf course employees' first
amendment rights.
Discussion concluded upon Council agreement to refer review of this item to the
City Attorney and City Manager, and report back to Council.
K -Mart Closing - Debra Hales, 825 Liana Court, referenced this item during her comments on fire
services signified below, expressing disagreement with previous Councilmember
statement about K -Mart closing because of slow growth. Vice Mayor Linda Spiro
clarified her comments related to the impact on all businesses.
Fire Services - Citizens expressed concerns related to the City's Department of Public Safety
combining Fire Services and Police; shared reasons for urging separate Fire Service
staffing and/or development of a separate Fire Services Department; and
anticipation of people supporting a ballot measure next March for Fire Service
Assessments as follows:
1. Steve Bishop, resident of "R" Section
2. Gerald McCarthy, 1372 Magnolia Avenue
3. Margaret McIsaac, 838 Lunar Court
4. Jeffrey L. Allen, 754 Bernice Avenue
5. Debra Hales, 825 Liana Court
6. Barry Comerford, 7526 Monet Place (via letter read by
Councilwoman Gallagher, as requested by this resident)
Mayor Eck questioned whether citizens were talking about splitting up the
Department of Public Safety altogether and creating an independent fire unit, or
keep Fire Services and Police Officers under separate designations but still under
one Public Safety Department. He referenced the three work sessions the Council
held specifically for this item and the proposed five (5) year plan in process
depending on funding. He was astonished that none of the speakers have even
taken the time to review the proposed 5 -year plan but they criticize the operation.
Mayor Eck said he would like to know what Rohnert Park's risk factor is compared
to Healdsburg and Santa Rosa which have full time fire departments. He
commented that if there was ever an exercise on how not to get things done, this is
it because every time there is a fire, this approach is taken. There should have been
more effective participation in the budget work sessions.
City Manager Netter reported the City has not stopped recruiting according to the
approved budget in regards to the three authorized personnel, and would provide a
complete summary of recruitment efforts over the past year. He indicated there
Rohnert Park City Council Minutes ( 4 ) September 12, 1995
have been many Injury on Duty (IOD) problems that have caused re- shifting of
personnel. City Manager offered a complete report and summary on recruitment
and IOD personnel for the next Council meeting. Council agreed.
Discussion continued on staffing issues and the budget constraints with an emphasis
of support toward the ballot measure for a fire services assessment tax so that the
5 -year plan can be implemented.
Discussion concluded upon motion by Councilman Reilly, seconded by Vice Mayor
Linda Spiro, to proceed with efforts toward a Public Safety Department that has
designated rotation of individually interested Fire Services and Police Officers and
those interested in both rotations, and to pursue mass media efforts toward ballot
measure responses on fire service assessments, was unanimously approved.
In -Line Roller Hockey - Tom Umphreys, 1521 Madison Avenue, advised the proposal for an in -line
roller hockey facility in Cotati, reviewed at a previous Council meeting, was
recently approved. He referenced the Sporthaus Rohnert Park proposal with
consideration to include in -line roller hockey and asked if Sporthaus representatives
were aware of their full in -line roller blade facility. City Manager indicated he
would make sure Sporthaus representatives were aware of this facility.
RECESS Mayor Eck declared a recess at approximately 8:25 p.m.
RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:32 p.m. with all
Councilmembers present with the exception of Councilwoman Gallagher who
returned later as specified in these minutes.
********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CONSENT CALENDAR
Mayor Eck asked if Councilmembers had any questions regarding the matters on
the Consent Calendar which were explained in the City Manager's Council Meeting
Memo.
Councilman Flores requested removal of Resolution No. 95 -128 from the Consent
Calendar for further discussion. Council agreed.
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
Resolution Nos:
95 -122 OF APPRECIATION TO TROY DETTLING FOR 17 YEARS OF FULL TIME
DEDICATED SERVICE TO THE CITY OF ROHNERT PARK
95 -123 PROCLAIMING SEPTEMBER 11 THROUGH 16, 1995 "SHRINER CRIPPLED
CHILDREN'S WEEK"
Rohnert Park City Council Minutes ( 5 ) September 12, 1995
Resolution Nos:
95 -124 CONGRATULATING THE "FUN AFTER 50" CLUB FOR ITS 25TH ANNI-
VERSARY, SEPTEMBER 25, 1995
95 -125 OBSERVING THE 50TH ANNIVERSARY OF THE UNITED NATIONS
95 -126 PROCLAIMING OCTOBER 15-21,1995 AS "CHARACTER COUNTS WEEK"
95 -127 DECLARING CITY PARKS, BICYCLE PATHS AND WALKWAYS "DRUG
FREE ZONES"
95 -129 CALLING FOR SEALED PROPOSALS, COMMERCE BLVD. SOUTH BIKE
PATH, PROJECT NO. 1991 -1
95 -130 AWARD OF CONTRACT, SNYDER LANE BIKE PATH, PHASE I, PROJECT
NO. 1994 -7
95 -131 APPROVAL OF AGREEMENT WITH METROPOLITAN TRANSPORTATION
COMMISSION FOR CONSULTING ENGINEERING SERVICES
95 -132 REJECTING CLAIM OF JAMES M. HAHN (RE.MARCH 1995 FLOOD)
95 -133 REJECTING CLAIM OF TRICIA DUNLAP (RE.ALLEGED FALSE
ARREST /VANDALISM)
95 -134 ESTABLISHING ADMINISTRATIVE COST, RECOVERY PROGRAM OF
TOWED VEHICLES
95 -135 APPROVING A JOB DESCRIPTION AND SALARY RATE AND RANGE FOR
SENIOR SCHEDULER POSITION
95 -136 STATING CITY POLICY AND INTENTION WITH REGARD TO PUBLIC
UTILITY EASEMENTS (PUE) TAKEN BY THE CITY IN CONJUNCTION
WITH PRIVATE PROPERTY DEVELOPMENT
Upon motion by Vice Mayor Linda Spiro, seconded by Councilman Reilly, with
Councilwoman Gallagher absent, and the exception of Resolution No. 95 -128, the
Consent Calendar as outlined on the meeting's agenda, was unanimously approved.
95 -128 DESIGNATING, AUTHORIZING, AND APPROVING INSTALLATION OF
STOP SIGNS (ON MIDDLEBROOK WAY AT MAXGMMILLIAN PLACE)
Councilman Flores requested inclusion of an urgency clause for this item with
efforts toward putting in the crosswalk earlier.
A motion was made by Councilman Flores, seconded by Councilman Reilly, with
Councilwoman Gallagher absent, including above urgency measure, adoption of
Resolution No. 95 -128 was unanimously approved.
Councilwoman Gallagher returned to the Council meeting during the next agenda item at
approximately 8:35 p.m.
Rohnert Park City Council Minutes ( 6 ) September 12, 1995
SCHEDULED PUBLIC APPEARANCE.
Jim Liebich, President of RPCnet, reviewed informational report provided to Council regarding this
groups' proposal to provide on -line community network services. Mr. Liebich
responded to Council questions. Council expressed appreciation for this effort. City
Manager Netter confirmed RPCnet would be placed on the mailing list for City
Council meeting agendas and minutes.
LEAGUE OF CALIFORNIA CITIES' Presentation of Award to the City of Rohnert Park for
YOUTH: HEART OF OUR COMMUNITY RECOGNITION PROGRAM
Mayor Eck advised this item was deferred to the next regular City Council meeting.
SPORTHAUS PROPOSAL - Councilman Flores reported on this item on behalf of the Council
Committee comprised of himself and Vice Mayor Linda Spiro. He referenced draft
agreement and ground lease of August 29, 1995 provided to Council. Also, per
subsequent addendum distributed to Council prior to tonight's meeting, as
reviewed in the Council Meeting Memo, recommended the re- appraisal requested
by Attorney McOmber for Sporthaus Rohnert Park following the 20th year with
two, five (5) year extensions, but if at the end of that time the effort is canceled, it
would belong to the City of Rohnert Park. This would give the opportunity to
Sporthaus to either extend their lease or turn it over to the City.
City Manager Netter advised a public hearing had been duly noticed and scheduled
for the Sporthaus proposal on this Council meeting agenda.
City Manager and Council Committee responded to Council questions related to
this proposal as follows:
*the project still has to go through the Planning Commission process;
*the project fits within the criteria for the U. 5.101 Highway exposure for further
Council consideration of site plan/architectural review prior to approval;
*the only initial expenditure of funds for the City would be the stipulation for the
first 50% EIR portion of approximately $6,000 to $9,000, if required, which
would be reimbursable, however, a mitigated negative declaration may be
sufficient for this project;
*if the EIR is required, the City's portion could be provided from the Community
Development Agency;
*the identity of the investors is currently unknown except the Committee
understands there are national investors and not local Rohnert Park investors;
*the lease will provide a minimum annual revenue of $50,000 to the City;
*the facility will be available to users from 6:00 a.m. to midnight;
*Sporthaus has done a marketing analysis and anticipates a successful effort.
PUBLIC HEARING: Mayor Eck opened the public hearing at approximately 8:48 p.m.
Public comments were submitted on speaker cards or other written and/or verbal
communications expressing support or opposition to this item as follows:
Rohnert Park Citv Council Minutes ( 7) September 12, 1995
John Hudson, 399 Bonnie Avenue, requested the Assessor's Parcel Number for the location of this
proposal to ascertain whether it is in the vicinity of the acreage previously donated
by Paul Golis for a sewerage treatment plant. City Manager Netter responded he
could assure them this project was not on the referenced location and would obtain
the AP Number for Mr. Hudson. The Mayor provided his copy of the project
exhibit map to Mr. Hudson.
Linda Branscomb, 6585 Commerce Blvd. #188, expressed support for an EIR to be done on this
project but did not support the City providing an interest free loan for an EIR being
produced. She did not see why this should be a special case and, if started, could
set a precedence for others requesting the same favor. She agreed to an extent with
Vice Mayor Spiro's comments about not knowing the investors and judging a
project on its merits rather than by who is doing it, however, on projects in the past
when investors have not been named, it ended up looking like the City practiced
favoritism. The investors should be named and the City should not pay for a
portion of an EIR.
Nanci Spangler, 7292 Calcutta Court, asked who owns this land. Mayor Eck responded according to
his knowledge, the City owns the land. Ms. Spangler asked who was the owner
prior to the City. The Mayor responded the land was dedicated quite a few years
ago from, he believed, Mr. Fredericks and Mr. Golis. This piece of land is located
to the south of the above - referenced land dedicated for the sewerage treatment
plant and the City has reasonably clear use of that ten acres.
Tom Umphreys, 1521 Madison Avenue, referenced comments he made earlier to make sure Sporthaus
is notified of their full in -line roller hockey facility recently approved in Cotati
which will open in two months. This may affect the revenues Sporthaus is
anticipating from this aspect of the proposal.
There being no one further desiring to speak, Mayor Eck closed the public hearing
at approximately 8:54 p.m.
City Attorney Flitner responded to Council inquiry that Sporthaus representatives
have said there is no conflict from the investors involved in this effort. Though he
agreed with the philosophy pertaining to judging a project on its merits versus the
personalities, the investor information needs to be in the open at some point
because of the public agency aspect. Discussion continued on the disclosure of
investors' issue.
Mayor Eck commented the reason for making the information public is because of
the City being a public agency. Some flack was generated in the past related to the
Wine Center and, because of being a public agency, he would want to know the
investors so there would be no appearance of anything being withheld.
Rohnert Park City Council Minutes ( 8 ) September 12, 1995
Councilman Flores shared it is the intent for that information to be provided as
things progress. Considering the need for the proposed adult sport fields, soccer,
etc. and basically looking at revenues badly needed by the City, this proposal will
provide a minimum annual revenue for the City of $50,000 from rent for the land.
Councilman Reilly stated he has not felt real comfortable with the Sporthaus
proposal from the beginning. There has been no commitment to meeting the needs
of youth with the in -line roller blading or soccer and in -door soccer is a completely
different game from out -door soccer. He was not totally persuaded about the
$50,000 per year for the City as compared to the benefit of an effort like Mr. T's
Academy on a piece of City land. Mr. Reilly expressed his concern about this
project being the highest and best use for the land.
Councilwoman Gallagher expressed understanding of the lines of competition and
that she may concede with the existing functions proposed for the location.
However, this is a lot of land and there have been others that have been waiting a
long time, like Mr. T's Academy. The $50,000 revenues for the City from the
proposal is something to consider but in juvenile hall, that only meets the needs of
two youth.
Councilman Flores said it is known that the land has been vacant for a long time
and the Council has to be pro- active. The developer is the one who takes the risk
so the success of the effort is really their responsibility.
A motion was made by Councilman Flores, seconded by Vice Mayor Linda Spiro,
to adopt the resolution approving; the agreement and ground lease with Sporthaus
Rohnert Park including amendment reviewed prior to this public hearing al id
requesting Attorney McOmber to provide to Council the list of Sporthaus investors.
Mayor Eck expressed preference for not putting the cart before the horse and
would rather not make a decision on this proposal until seeing the list of investors.
Discussion continued among Councilmembers.
Mayor Eck further expressed an interest to see one of the Sporthaus domes or, at
least, an architectural rendering before supporting the proposal. It would also be
helpful to invite the applicants to meet with Council to respond directly to concerns
about the proposal.
The makers of the above motion agreed, in response to the Mayor's request, to
table this item for two weeks to allow time for Sporthaus to provide the list of
investors and a rendering of the facility for Council's review.
Rohnert Park City Council Minutes (9) September 12, 1995
MOBILE HOME PARK MATTERS.
1. Rancho Feliz Purchase Update
a) Market Study - City Manager Netter advised Council was provided with the Analysis of
Mobilehome Market for Rancho Feliz Mobilehome Park prepared by Assistant City
Manager Leivo, as reviewed in the Council Meeting Memo.
b) Proposals on Management Firm - City Manager Netter advised Request for Proposals (RFP's)
are in process to solicit management firms for the management of Rancho Feliz
when procedures are finalized establishing the responsibility of the park by the
City's non -profit agency. City Manager Netter and Assistant City Manager Leivo
responded to Council questions confirming contact with the other mobilehome
parks, Los Casitas and Valley Village, regarding continued interest in the Purchase
Program. The City is within a few weeks of closing on Rancho Feliz and efforts are
being made to leave the structure open -ended so other parks can be "piggy- backed"
on the same procedure. The bottom line is the pricing of the two parks to enable
affordability to the residents.
2 galley Village Capital Improvements Petition - City Manager Netter explained this informational
item provided to Council, as reviewed in the Council Meeting Memo. Notice of the
petition was a result of the public hearing recently held by the park management
related to capital improvements.
City Attorney Flitner responded to Council inquiry related to the possibility of a
condition in use permits requiring owners to keep streets in good condition, that he
would assume so, though he has not reviewed this one. City Attorney Flitner made
comparison to the Hillsboro case and said he would assume the costs could be
recovered holding to that case. It depends upon what type of capital improvements
are considered valid and necessary, like the concrete issue of not having to do more
than necessary in order to resolve the problem. As part of the capital improvements
pass - through procedure, a public meeting notice is provided to tenants for the
purpose of notifying them of the type of work and improvements proposed and give
them time to respond.
Mayor Eck said it is very difficult for mobilehome park residents to understand that
this is a Mobile Home Park Rent Appeals Board matter and the City Council
doesn't have any legal authority in the matter.
EMPLOYEE NEGOTIATIONS (Represented and Non - Represented) - City Manager Netter
referenced the resolutions listed on the agenda for this item and explained that the
1st, 2nd and 4th resolutions were still being negotiated. For the 3rd resolution
listed on the agenda, the City Manager has completed discussions with
representatives from the Rohnert Park Peace Officers' Association ( RPPOA) for
the contract period beginning July 1, 1995. City Manager Netter shared contents of
the memorandum dated September 12, 1995 pertaining to the resolution for
Council's consideration and proposed contract with RPPOA representing a four -
year contract. City Manager Netter responded to Council questions.
Rohnert Park City Council Minutes ( 10 ) September 12, 1995
Discussion included Council comments as follows:
*Councilman Reilly expressed concern with the agreement as written pertaining to
a four -year contract because of having a six -month time frame for all the
Department Heads to present recommendations for budget cuts. He said on the
longevity pay phase out, he was in the hopes it would be immediate. He
recommended consistent procedures for all Departments and either agree to
substantial terms applied to all or enter into one -year contracts. There could be
substantial savings by entering into one -year contracts.
*Councilwoman Gallagher expressed concern that for the most part she did not
think the public understands what we are talking about. Those very same
retirement plans and systems are what's breaking our back right now. We need a
reality check and the truth is it's going to break us. The truth is the local level
ends up having to deal with the shortage. The money is not going to be there.
We've been talking about paying for fire services and that's not going to be
possible if we continue in this manner. Budget cuts have to be made and we've
got to do it.
*Mayor Eck expressed agreement with the need to make cuts; there's also a
contract to enter into; and there are little reserves. He reviewed comparative
details of the R.PPOA_ proposal which has not been an easy process and both
parties have had to sit down at the bargaining table. Phasing out the longevity pay
program will create a huge savings for the City. An annual contract versus going
with the four -year contract at 1% per year cost of living and implementation of the
2% at 50 retirement system (beginning July 1, 1999) might have made it possible
to do both next December. Mayor Eck said he thought this trade off gives the
City a long term contract with a savings up front. He was not really happy with a
four -year versus a one -year contract but the number one issue is to end up with a
savings to the City.
•Councilman Flores expressed approval of considering the 1% cost of living which
is not even meeting inflation needs of City employees. Reducing the longevity
program is a savings to the City in the long run. He agreed the City is facing a
very critical financial situation but thought it necessary to be very pro - active and,
therefore, signified support of the proposed four year contract with RPPOA.
•Vice Mayor Linda Spiro shared it would have been nice to sustain a large increase
in savings right now but, at the same time, we have asked the Police Officers to
negotiate. She signified this was give and take. The Officers gave up something
they didn't really want to give up which was the longevity pay program and were
taking the 1% per year cost of living with the 2% at 50 in the year 1999. So, we
are really trying to share in this effort and appreciate the good faith in which we
are all trying to bargain and,at least, know the terms are set for the next four years.
*Councilman Reilly signified his continued preference for the one -year contract that
was obviously not what negotiations ended up to be. He referenced the need for
cutting costs and hoped the City does not have to talk about laying off people in
six months because it did not consider the long run. While he thought giving up
new hires was a long way off, he still felt the need to go after the cuts and look a
Rohnert Park City Council Minutes ( 11 ) September 12, 1995
little closer at the options. Councilman Reilly said these are reasons why he
cannot vote in favor of the four -year RPPOA contract proposal.
*Councilwoman Gallagher expressed additional concerns about the next step
having to be to cut services. Also, in doing this four -year contract, asked do we
not tie our hands while knowing budget cuts are inevitable?
City Manager Netter further explained negotiations related to being a meet and
confer process and responded to additional Council questions.
95 -137 RATIFYING MEMORANDUM OF AGREEMENT WITH THE ROHNERT
PARK PEACE OFFICERS' ASSOCIATION (R.P.P.O.A.)
Discussion concluded upon motion by Councilman Flores, seconded by Vice Mayor
Linda Spiro, reading of Resolution No. 95 -137 was waived and said resolution was
adopted by the following roll call vote:
AYES: (3) Councilmembers Flores, Spiro and Mayor Eck
NOES: (2) Councilmembers Gallagher and Reilly
PURCHASE OF ELECTRIC DISTRIBUTION .SYSTEM - City Manager Netter referenced
preliminary information provided to Council on this item, as well as resolution and
contract with Infrastructure Resources, Inc. for a feasibility study and analysis for
municipal electric distribution system for consideration listed on this agenda for the
first phase of this program, as reviewed in the Council Meeting Memo. Staff met
with electrical engineers recently from Northern California Power Association
(NCPA) to review the documentation provided and offer input for evaluation. City
Manager Netter advised that some of the answers will not be available for several
months and, therefore, could not recommend going forward with consideration of
the contract at this time. He requested more time be allowed to obtain these
answers, especially pertaining to the deregulation and what has been accomplished
in this area. City Manager Netter responded to Council questions related to this
process including consideration of RFP's.
Discussion included concerns expressed related to expenditures of Infrastructure
Resources for the proposal. Councilman Reilly shared, as someone who is a
consultant, he knows a lot of money can be spent and not get the project, and did
not think you simply pay people because they tried to get a project going.
Councilman Flores referenced Council's request for limited material which
Infrastructure provided, and thought that should be reasonably covered. Mayor
Eck responded it would seem limited reimbursement could be considered but more
extensive matters would be public concern.
Council concurred staff should inquire about the expenditure for limited material,
requested by Council from infrastructure, for further consideration by Council
regarding whether or not reimbursement would be appropriate, if RFP's are
considered.
Rohnert Park City Council Minutes ( 12 ) September 12, 1995
INSPECTION SERVICES CONTRACT - City Manager Netter explained the resolution for
consideration pertaining to this item, as reviewed in the Council Meeting Memo,
and responded to Council questions.
Resolution No:
95 -138 APPROVING AN AGREEMENT WITH MORTON/PHILLIPS INC. FOR
INSPECTION SERVICES (RE. BUILDING REVIEW COMMITTEE)
Upon motion by Councilwoman Gallagher, seconded by Councilman Reilly, and
unanimously approved, reading of Resolution No. 95 -138 was waived and said
resolution was adopted.
GENERAL PLAN MATTERS.
I. Revised Schedule for 20 Year General Plan -City Manager Netter referenced revised schedule of
the General Plan Advisory Committee submitted by Donna Oldford, facilitator to
the Advisory Committee. The Advisory Committee Members agreed to this
schedule which has been provided to Council for its information.
Mayor Eck expressed concern about the time table stretching to April 15 for RFP's
and recommended the ad hoc committee meet with the facilitator to review a little
closer timing, allocating a special meeting notice at that time. City Manager Netter
confirmed he would communicate the request to Donna Oldford.
2. Facilitator Insurance Provision/request for waiver - City Manager Netter explained this request to
waive the additional expenditure to Donna Oldford amounting to approximately
$2500 for high risk coverage.
A motion was made by Councilman Flores, seconded by Councilman Reilly, and
unanimously approved, to waive the requirement of' above- reviewed facilitator
insurance provision.
HOSPITAL SITE PROPOSAL - City Attorney Flitner reported that he met with Mr. Walker, a
representative of this proposal, to review the draft agreement for this item. Mr.
Flitner referenced discussion with Martin Stone, the original dedicator of the
hospital site location, and explained there is some concern about the usage of the
hospital site for other purposes than an "acute" hospital. Council concluded the
Council Committee of Councilwoman Gallagher and Vice Mayor Linda Spiro
should meet with the City Attorney for further review of this matter.
TRANSPORTATION MATTERS:
1. Consolidation of Transit Services - Mayor Eck reported that this item was moved forward at the
last Sonoma County Transportation Authority (SCTA) meeting to its October
meeting. Therefore, the Council position requested for this could be deferred to the
next City Council meeting. Council agreed.
Rohnert Park City Council Minutes ( 13 ) September 12, 1995
2. SB 877 - MTC sponsored gas tax - Mayor Eck asked if a letter of support had been sent on this
item. City Manager Netter recalled the Mayor had previously indicated he was
going to announce this support at a previous SCTA meeting. Mayor Eck signified
the reed for a letter to be written expressing the City Council's support of SB 877.
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.
Vice Mayor Linda Spiro referenced item #11 on Communications from Linda Holm, Chair of the
Rohnert Park Arts Commission regarding request to secede from the Cultural Arts
Council of Sonoma County. City Manager Netter responded the City has not
funded the Cultural Arts Council for the past two years and confirmed it is not
currently in the City's budget. Discussion included Council agreement with the
request since the Cultural Arts Council of Sonoma County has not been featuring
the Rohnert Park area and was not serving the purposes of Rohnert Park.
City Manager Netter referenced item #9 on Communications from American Golf Corporation
announcing new management of Mountain Shadows starting October 1st, 1995.
Golf Course representatives have requested the next Golf Course Council
Committee meeting scheduled for next week be deferred at least until after the
October 1st timing to enable meeting with the new Golf Course management.
Council Committee Members Gallagher and Spiro signified agreement.
MATTERS FROMVFOR COUNCIL:
1. Chamber of Commerce funding - As previously directed by the Mayor, Councilwoman Gallagher's
additional comments on this item were not to be recorded as corrections to the
previous meeting minutes but should be considered new business and placed under
these matters from Council. Councilwoman Gallagher said she wanted to make
something very clear for the record about the vote with regards to the $5,000 to the
Chamber of Commerce. She has been a big supporter of the Rohnert Park
Chamber, however, as a backdrop involving a founding director of the City, this
particular Chamber has forgotten what it is supposed to do and why they should
not get extra money and use taxes for other purposes. She wanted to make it very
clear that a certain person is on the Board who was a convict regarding a Savings
and Loan issue, was fined $300,000, and is now using your Chamber to benefit a
specified developer in the community. Ms. Gallagher said she was previously on
the Chamber Board in Santa Rosa, a member of Leadership Rohnert Park, and was
on the Chamber Board that voted on the funds and was told the purpose was for
non - profits.
Councilman Flores responded it would seem more appropriate for this type of
statement to be expressed at a meeting of the Chamber of Commerce.
Rohnert Park City Council Minutes ( 14 ) September 12, 1995
Councilwoman Gallagher said she wanted to make it clear that she has been a
supporter of small business, but the Chamber of Commerce is confused about their
role. If they have to keep coming to the City for money, then they need to figure
out how to run their business.
2. Possible location for T's Academy - Councilman Reilly signified this item was reviewed earlier
during discussion of the Sporthaus proposal.
3. Child Identification Program - Councilman Reilly referenced previous recommendation to pursue
this program. City Manager Netter reviewed new information received from
representatives of the Child I.D. Program, Terry Mazzoni and John Burton,
regarding a shared Child I.D. system with the Department of Motor Vehicles
similar to other voluntary I.D.'s going into a computerized data base statewide
system. There will be a $10 charge and a social security number is required.
4. Sand Volleyball Courts - Councilman Reilly signified his interest on the status of this item. City
Manager Netter reported Recreation Director Pekkain has indicated discussions are
in process with the Parks and Recreation Commission. This item may be added to
its Capital Improvement program.
5. Future plans for A & W site - Councilman Reilly also signified his interest on the status of this item
and whether or not Council should offer some ideas. Maurice Fredericks, owner of
this location and present at tonight's Council meeting, responded that he and Mrs.
Fredericks were in the process of re- negotiating a consideration for the site. He
introduced Dave Friend, Manager of the existing Laundromat currently located in
the back of the shopping center, who reviewed their proposal to relocate to the
former A & W site.
6. Consideration of Joint Meeting with Cotati re. joint effort possibilities - Councilman Reilly
recommended this item because both cities are taking hard looks at budgets and
maybe potential future savings could result from joint efforts. Mayor Eck
responded that Richard Cullinen, of the Cotati City Council and Chairperson of
Mayors and Councilmembers Association also recently talked about this possibility.
Discussion concluded with Council concurrence to write a letter of appreciation to
Cotati for repairing Redwood Drive.
7. Joint Meeting with Chamber of Commerce - Vice Mayor Linda Spiro referenced the Chamber's
interest signified in this item resulting from the first meeting of the Economic
Development Committee. Council agreed with the Chamber's recommendation to
staff to schedule this joint meeting at the Red Lion Inr. on Friday, October 27, 1995
but to move the time up half an hour to 7:30 a.m.
Rohnert Park City Council Minutes ( 15 ) September 12, 1995
8. SEMS Executive course - City Manager Netter reviewed the request to schedule a one hour
Executive Course for the Standard Emergency Management System (SEMS).
Council comments concluded efforts should be made to schedule this item prior to
the next Council meeting.
9. Hewlett Packard Communication meeting - HP Plant, Valley House Drive - Council agreed City
Manager should check into the possibility of scheduling this as a morning meeting
from 8:30 - 9:30 a.m., Tuesday, September 19, 1995.
10. Mayors & Councilmembers Association Meeting, Thursday, September 14, 1995, 6:30 p.m. to be
held at the Villa Chantileer in Healdsburg - Mayor Eck confirmed the scheduling of
this meeting.
EXTEND CITY COUNCIL MEETING: A motion made by Councilman Reilly, seconded by
Councilwoman Gallagher, with Vice Mayor Spiro dissenting, to extend the City
Council meeting beyond the 10:00 p.m. adjournment time to finish necessary
agenda items, was approved.
11. Goldridge School retention wall - Councilman Reilly indicated that graffiti was on the retention
wall at Goldridge School west of the all- purpose room.
12. Hugh Codding letter - Councilman Reilly referenced recent letter from Hugh Codding of Codding
Investments, Inc. urging growth and not wanting to name publicly the business
concerns referenced. Councilman Reilly asked if staff could find out privately who
they were.
13. Accusations from Councilmembers - Vice Mayor Linda Spiro said, as City Councilmembers, we
need to be more careful of what we say publicly, especially related to our own
information on matters because we could get sued. She suggested paying more
attention to some of the comments.
14. Park naming - Councilwoman Gallagher asked about parks that have been named after others and
what it takes to change the name of a park. The Mayor responded it would be
necessary to find out if the neighbors want to change the name.
15. Affordable Housing - Councilwoman Gallagher requested status of affordable housing in Rohnert
Park for the next Working Group meeting.
Rohnert Park City Council Minutes ( 16 ) September 12, 1995
CITY MANAGER'S REPORT.
1. Fall Clean Up - October 7 - 15, 1995, Stadium Parking Lot - City Manager Netter said this was
listed on the agenda for informational purposes.
2. Hewlett Packard plans to construct additional building and request for fees transfer - City Manager
Netter referenced letter dated September 8, 1995 from Hewlett Packard regarding
this item. He shared contents therein and responded to Council questions.
Discussion concluded upon motion by Councilman Flores, seconded by Mayor Eck,
and unanimously approved, authorizing staff to execute above - reviewed letter
agreement with Hewlett Packard but to include a 12 month time frame for
proceeding with development of the referenced building for the transferred fees and
subject to negotiations by staff regarding the establishment of a sales office so that
sales tax revenues could be generated for the City.
3, Results of Open Space District Matching Grant Program - City Manager Netter referenced
resolution provided to Council from the Sonoma County Open Space Authority
determining projects recommended for this item, Mayor Eck urged staff to proceed
with the matching grant efforts, on behalf of the Council, for the Snyder Lane
Property designated in this resolution. Council concurred.
4. Creekside School annexation request - City Manager Netter explained this request received from
two parents for this item. Council agreed this was a General Plan issue, subject to
General Plan review, and directed staff to let them know their request should be
part of the General Plan process. Further discussion including directive for staff to
assure the parents of Rohnert Park Public Safety responses in lieu of, or until
County provisions arrive, as well as for staff to check into procedures for billing the
County for such City services.
5. "GADS" - Governor's Employee of the Year Award - City Manager Netter reported Old Adobe
Developmental Services (OADS) has been designated for the Governor's Employee
of the Year Award acknowledging this provision in the City of Rohnert Park for
hiring disabled persons. The award is scheduled for presentation on Thursday, the
26th of October.
6. U.S.Highway 101 South Bound Loop - City Manager Netter referenced letter dated August 15,
1995 responding to proposed improvements at the Route 101/Rohnert Park
Expressway Interchange. The Caltrans commitment does not include the City's
proposal for Caltrans to include the south bound loop as Caltrans advises it is not
their policy to perform any type of reimbursed work. City Manager Netter advised
that he and Director of Public Work/City Engineer do not think that is right and
that past experience has required putting pressure on Caltrans through legislators so
they are proceeding in that direction.
Rohnert Park City Council Minutes ( 17 ) September 12, 1995
CITYATTORNEY'S REPORT. • City Attorney Flitner advised the Mayor adequately reported on the
closed session items at the beginning of this Council meeting.
.SCHEDULED PUBLIC APPEARANCES: Mayor Eck asked if there were any additional
unscheduled public appearances at this time.
Linda Branscomb, 6585 Commerce Blvd. #188, recommended the Mayors & Councilmembers Assn.
dinner meetings be noticed in the Community Calendar of the Press Democrat as
well as locally noticed so the public is better informed.
ADJOURNMENT.- Mayor Eck adjourned the meeting at approximately 10:15 p.m.
Dep UPOIC ity erk
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Mayor