1995/09/26 City Council MinutesRohnert Park City Council Minutes
September 26, 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 6:55 p.m. and
led the pledge of allegiance.
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. An additional litigation item, the Beary lawsuit, was also discussed
which was not listed on the agenda attachment due to receiving a late notice. The
City Manager and City Attorney will report on relevant items later on this 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 Works/City Engineer
Brust, Finance Director Harrow and Director of Public Safety Rooney.
APPROVAL OF MINUTES: Corrections to the minutes were reviewed as follows:
Councilman Reilly referenced August 17, 1995 minutes, page 2, last paragraph, add
the word "not" in the first sentence to read "...that the real estate property transfer
tax would not be increased at this time .... "; and referencing September 12, 1995
minutes, page 1, regarding closed session report, change the word "settled" to
"heard" to read "....the Kuhn case is scheduled to be heard on December 26, 1995 ".
Councilwoman Gallagher referred to the unscheduled public appearances listed in
the minutes of September 12th regarding fire services and asked why specific
comments were not shared in the record as she thought there were some good
recommendations offered by the speakers. City Manager Netter responded it was
not a public hearing and it has not been Council policy to list items verbatim, but by
action minutes. Mayor Eck referenced the effort toward action minutes to signify
concluding directives in the record but, if possible, a brief statement summarizing
each speaker's comments might be considered.
Upon motion by Councilman Flores, seconded by Vice Mayor Linda Spiro, with
above corrections by Councilman Reilly, the adjourned meeting minutes of August
17, 1995 and regular meeting minutes of September 12, 1995 were unanimously
approved as amended.
Robnert Park City Council Minutes ( 2 ) September 26, 1995
APPROVAL OF BILLS: City Manager Netter responded to Council questions related to the bills
presented for approval. Councilman Reilly inquired about the sizable payment to
Dale Tateman for contracted services and thought it would be advisable to go out
to bid. Director of Public Works /City Engineer Brust responded it was for work
the City does not normally bid and phone quotes were considered, including two
other contractors. Councilman Reilly said the reason for his concern was he thought
it was the same name of an individual that recently obtained a zoning change and,
as a safeguard to raising questions, requested staff to provide Council with a list of
the phone quotes from other contractors in the future.
Upon motion by Councilwoman Gallagher, seconded by Councilman Flores,
including Councilwoman Gallagher's automatic no vote on the payment to the
Wineries Association, City bills presented per the attached list in the amount of
$836,589.65 were unanimously approved.
NON- AGENDAED MATTERS: Mayor Eck asked if Councilmembers or staff had any non - agendaed
items to add to the agenda. Additional miscellaneous items were signified as
follows: Councilwoman Gallagher, one item regarding cable TV broadcasting of
Council meetings; Mayor Eck, one item regarding Policy Advisory Committee
meeting; Vice Mayor Linda Spiro, one item regarding Sonoma County Transit Bus
transportation; and City Manager Netter, four items regarding Petaluma Valley
Hospital notice of pad rental termination, program for shopping carts, grant to
Performing Arts Center from Empire Waste Management, and Boys & Girls Club
concerns related to the Community School on Southwest Boulevard.
UNSCHEDULED PUBLICAPPEARANCES: 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.
Lillian Gaines, 1327 Parkway Drive, expressed concerns related to pedestrian crossings and the
carelessness of drivers. She requested consideration of efforts to assist the visually
impaired, like herself. Discussion included Mayor Eck's reference to previously
reviewed concerns related to crosswalk dangers and that he was almost of the
opinion they should be removed. Councilman Flores recommended checking into
the cost of providing buzzers or chirpers at major crosswalks for the benefit of the
visually impaired, requested the Department of Public Safety to be vigilant in efforts
to check the driving offenders, and urged residents to be more considerate and
friendly toward pedestrians using the crosswalks. Council agreed.
Rohnert Park City Council Minutes ( 3 ) September 26, 1995
Ms. Gaines also inquired about televising of the Council meetings. Mayor Eck
responded the Council meetings are televised and aired the following day on the
local broadcast station.
Nanci Spangler, 7292 Calcutta Court, questioned local bonds and tax moneys being used for the new
Middle School on Snyder Lane when it is not within the City limits. Councilman
Flores responded it is designated in the Rohnert Park School District, just not in the
City limits to receive City services. It was his intent to request annexation of the
area as scheduled later on the agenda. Mayor Eck explained current General Plan
procedures in process and this should be part of the same process. This item will
be discussed later on the agenda.
Linda Branscomb, 6585 Commerce Blvd., signified support of Resolution No. 95 -140 listed on
tonight's Consent Calendar and urged Council's support of the California Political
Reform Act of 1996. She expressed her intention to gather signatures on behalf of
this effort and thought people are tired of elections being won by the largest pocket
book. It will also make it a lot easier for Councilmembers when running for
election. Ms. Branscomb thought the public would be behind the Council on this.
Ralph Hornbuckle, 4951 Fern Place, reviewed numerous examples of maintenance needs of both golf
courses in Rohnert Park and urged the City to exert pressure on American Golf to
maintain the courses better. Mayor Eck requested a copy of Mr. Hornbuckle's
written comments to be provided to the Golf Course Council Committee and said
Mr. Hornbuckle would be notified when the next Committee meeting is scheduled.
City Manager Netter advised the next Golf Course Committee meeting will be held
after October 1 st which will be after the new Golf Course management is in place.
Mayor Eck noted with the permission of the numerous remaining unscheduled
speakers that the next item would be moved forward on the agenda and handled at
this time as a courtesy to the young people present for same.
REDWOOD EMPIRE SWIM LEAGUE CHAMPIONSHIP TROPHY - Presentation by the
Rohnert Park Swim Club, the Piranhas - Jamie Black, President of the Rohnert
Park Swim Club, reviewed background efforts of the past three years toward the
Swim Club's non -profit organization winning this championship trophy. He
presented the trophy to the Mayor for appropriate display. Mayor Eck extended
congratulations to the numerous young swimmers, who were invited to come
forward from the audience for due recognition, and introduced as the Champions.
The Mayor advised this trophy would be placed on display at the Sports Center
until the Swim Club wants it back.
Rohnert Park City Council Minutes ( 4 ) September 26, 1995
UNSCHEDULED PUBLICAPPE9RANCE,S: (cont'd)
Water Leaks - Citizens expressed concerns related to water leaks in the Circle Drive area and the
recent adoption of related Resolution No. 95 -136 as follows:
1. Peter Giglio, 7251 Circle Drive, deferred his allotted speaking time to Mr. Lechmanski who was
better prepared to review details related to concerns about the water leaks.
2. Bill Lechmanski, 7255 Circle Drive, reviewed concerns pertaining to the adoption of Resolution
No. 95 -136 at the previous Council meeting of September 12, including single
family detached dwellings on quad -lots with those in the back being asked to take
over the responsibility of water leak repairs for an easement that is 90' from the
street. The City Engineer's estimate of $1200 is sufficient for actual repair of a
designated section of water line, however, the problem is with other related and
necessary construction expenditures like digging up and replacing asphalt and infill
and/or examples like going through a neighbor's driveway or moving a shed costing
property owners $2800 and $3100, respectively. Mr. Lechmanski said he has no
problem with paying his fair share or volunteering his time, but these figures are too
high for most fixed income homeowners. He recommended a special assessment
district to deal with this matter up front. Mr. Lechmanski responded to Council
questions that he has been paying for waterline repairs for the past 15 years,
calculations have established an approximate water loss of 700 gallons per day for
the past 2 years from the current water leak on his property, and he did not think a
proper job had been done on the original installation of the waterlines.
Director of Public Works /City Engineer Brust responded to Council questions
related to the number of homes in the designated C Section area. City Manager
Netter responded to Council inquiry that to qualify for CDA funds, the property
must be in the redevelopment area and a survey would have to be completed for
affordability. Mayor Eck said, if not, the City may need to consider an assessment
across the board.
3. Ron Nelson, 7249 Circle Drive, confirmed willingness to pay for his part of the repairs. There are
both homeowners and renters involved in the need for repairs. Some will not be
able to make the repairs right away, some not at all, and some will not even be able
to provide temporary repairs. There are other things to consider, like P.G.& E.
underground pipelines, which are not familiar to the average homeowner. Mr.
Nelson recommended the City should do the work of the project, then assess and
bill everyone proportionately.
Council continued discussion.
Rohnert Park City Council Minutes ( 5 ) September 26, 1995
4. Dave Eynon, 7291 Circle Drive, invited the Council to the work site that serves two of their homes
with repair work in process. Costs have accumulated to approximately $3100 to
date. Mr. Eynon described procedures involving going under the asphalt with only
a couple of inches of roadbed, then 4" to 6" of adobe. This has to come out and be
replaced, so making the repairs does not deal with just pipe replacement but also fill
material. Waterlines may have been to code when originally installed but would not
be considered meeting codes today. Mr. Eynon said it has been his experience that
the pipe splits linearly. He had another leak fixed last March so this is an on -going
problem. These pipes have to be replaced before the City becomes a lake. Mr.
Eynon recommended proceeding with an assessment district as he would hate to
see the numerous others paying approximately $3100 for each repair. He
responded to Council questions that the City's Planning Department has been very
helpful and has not required a permit but has stipulated the need to inspect the
work. Mr. Eynon thought the homeowners in the City do need a little help from
the City to accomplish the necessary repairs. The contractor recommends
replacement with *PC-P PVC pipe and sand bed, so if any person tries to do this on
their own, they would be looking at a lot of cost.
CORRECTION above from 10/10/95 City Council meeting: Per clarification by above resident, Dave Eynon (deletion lined out - addition underlined).
5. Heidi Darling, 7287 Circle Drive, referred to their water leak problem reviewed at a previous
Council meeting. They had to fix it themselves and it is just a patch job. She asked
if the City has considered going to the meter system for Rohnert Park.
Mayor Eck responded the City has thought about it and the State thinks about it
annually, but so far the cost of meters with the comparison of consumption has not
concluded expending the funds to do it.
Ms. Darling said though it was nice of the City Engineer to permit two properties
to save money by using one line for water leak repairs, she questioned how the City
was going to handle the two houses if meters are installed later. She thought the
City would want to work with the residents on that possibility. From walking to
work, she has also noticed a continual leak near a stop sign on Circle Drive. She
questioned the original installations, materials and/or inspections that might have
been faulty and, if so, the City would be affected because of not being up to code.
Discussion concluded with Council directing staff to look at possible solutions for
assistance for property owners on these water line repairs.
********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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.
Vice Mayor Linda Spiro requested removal of Resolution No. 95 -140 from the
Consent Calendar for further discussion. Council agreed.
Rohnert Park Cite Council Minutes ( 6 ) September 26, 1995
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
Resolution Nos:
95 -139 SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON
SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED
BY CITIES TO 2%
95 -141 AWARD OF CONTRACT, OVERLAYS -1992, PROJECT NO. 1991 -9
95 -142 AWARDING CONTRACT FOR EXTERIOR PAINTING OF BURTON
AVENUE RECREATION CENTER (BARC)) BUILDING
95 -143 CALLING FOR SEALED PROPOSALS FOR CITY VEHICLES
95 -144 AUTHORIZING MAYOR TO EXECUTE QUIT CLAIM DEED TO JAMES L.
AND CONSTANCE J. MARTINEZ (RE. L SECTION BIKE PATH)
95 -145 REJECTING THE CLAIM OF THOMAS A. DAVIS (re. March 1995 Floods)
95 -146 REJECTING THE CLAIM OF ALLEN SMITH, GEORGETTE SMITH, AARON
SMITH (re. March 1995 Floods)
Upon motion by Councilwoman Gallagher, seconded by Vice Mayor Linda Spiro,
with the exception of Resolution No. 95 -140, the Consent Calendar as outlined on
the meeting's agenda, was unanimously approved.
SONOMA COUNTY "CALIFORNIA POLITICAL REFORMACT OF 1996"
Vice Mayor Spiro signified this item had some very good ideas for the California
political format but thought there were some questions that needed answers before
signifying support as presented. She recommended placing the item on the next
Council agenda as a separate action item.
A motion was made by Councilman Reilly, seconded by Councilwoman Gallagher,
to adopt Resolution No. 95 -140 supporting the Sonoma County "California
Political Reform Act of 1996 ".
*CORRECTION below from 10/10/95 City Council meeting: Per Vice Mayor Linda Spiro (additions underlined - deletions lined out).
Under discussion, Vice Mayor Spiro reviewed concerns related to limitations on
contributions for jurisdictions of less than 100,000 residents. She did not think that
was appropriate, giving the example of spouse or parent(s) interested in offering
financial assistance toward an individual's campaign efforts. She had no problem
with the limits from non - individuals but pertaining to the 25% spending limit, she
would like to know the mechanism *that to put these this in place. The 6 month
limit for fundraising prior to the primary would be detrimental for a new person
running for election as they would have to do more work in less time. Ms. Spiro
Rohnert Park City Council Minutes ( 7 ) September 26, 1995
signified she would have to reserve her support from the issue that extra
contributions would have to be donated to the state general fund as this has a great
sense of inequities. She previously chose to give hers to one of the local non-
profits. Vice Mayor Spiro referenced a two hour presentation held two months ago
*regarding AARP representation when seniors signified being very unhappy with
inequities.
*CORRECTION above from 10/10/95 City Council meeting: Per Vice Maya Linda Spiro (additions underlined - deletions linod out).
Mayor Eck expressed support of removing money as an incentive and thought this
signifies an outstanding recommendation.
Councilman Flores agreed there were sufficient questions raised to defer action on
this item to the next Council meeting. In terms of political reform, this effort seems
to signify good intentions but sometimes the larger goal overlooks significant
details. Mr. Flores expressed support of political reform as a whole but thought
this item needs more clarity.
A motion was made by Vice Mayor Linda Spiro, seconded by Councilman Flores,
to table this item to the next Council meeting, and failed with Councilwoman
Gallagher, Councilman Reilly and Mayor Eck dissenting.
For the record, Vice Mayor Spiro registered that her opposition is because of a lack
of adequate information. She supports the political reform effort but has a few
questions and a couple of inequities that need to be resolved.
Councilman Flores signified his preference to go with the desire of the Council.
Resolution No.
95 -140 SUPPORTING THE SONOMA COUNTY "CALIFORNIA POLITICAL
REFORM ACT OF 1996"
Upon original motion made by Councilman Reilly, seconded by Councilwoman
Gallagher, and approved with Vice Mayor Linda Spiro dissenting, reading of
Resolution No. 95 -140 was waived and said resolution was adopted.
************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Resolution No:
95 -147 AUTHORIZING AND APPROVING AGREEMENT WITH CONTRACTORS SUE
KRAMIER, LEW WILLSON AND LONNIE HAYHURST TO CONDUCT JOB
CLASSIFICATION AND SALARY REVIEW STUDIES
City Manager Netter explained the resolution for consideration, as reviewed in the
Council Meeting Memo, and responded to Council questions.
Upon motion by Councilman Flores, seconded by Vice Mayor Linda Spiro, and
unanimously approved, reading of Resolution No. 95 -147 was waived and said
resolution was adopted.
Rohnert Park City Council Minutes ( h ) September 26, 1995
SCHEDULED PUBLIC APPEARANCE:
YOUTHS OF THE YEAR FOR 1995 -96 - Lew Kuehm, Coordinator for Rohnert Park Youth of the
Year Program, reviewed background efforts and accomplishments of this program
in its fourth year. The Youths of the Year for 1995 -96 were recognized as follows:
Kate Bueler, Zach Burt, Jasmine Pomeroy, Julianna Sahouria, Ryan Shaw and
Beth Ann Turner. Those present at the Council meeting introduced themselves and
reviewed their individual participations in various community activities. On behalf
of the Council, Mayor Eck extended congratulations and appreciation to the
Youths of the Year for their beneficial efforts, and advised these young people
would be actively involved in many community events throughout the next year.
RECESS Mayor Eck declared a recess at approximately 8:02 p.m.
RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:12 p.m. with all
Councilmembers present.
LEAGUE OF CALIFORNIA CITIES' Presentation of Aboard to Rohnert Park and Cotati for the
YOUTH: HEART OF OUR COMMUNITY RECOGNITION PROGRAM
Stanley Lindsay, Administrative Services/Finance Director of the City of Santa Rosa,
and member of the Board of Directors of the League of California Cities, gave this
presentation for the statewide award to the Cities of Rohnert Park and Cotati for the
Cotati - Rohnert Park Healthy Kids Program. The presentation included a video
produced by the League identifying the many problems faced by the youths of today.
Mr. Lindsay presented the trophy in recognition of this award to Mayor David Eck
for the City of Rohnert Park and to Mayor Harold Berkmeier for the City of Cotati to
be shared until a second trophy is provided. Mayor Eck presented Certificates of
Recognition for outstanding contribution and invaluable service to the community's
youth to Cecelia Belle, Sonoma County Associates for Youth Development
(SCAYD); Kelly Brooks, Student Services Coordinator, Cotati - Rohnert Park Unified
School District; Patrick Rooney, Director of Public Safety /City of Rohnert Park, and
Jim Pekkain, Recreation Director /City of Rohnert Park.
SEWAGE TREATMENT AND DISPOSAL SER [DICE - RATE INCREASE:
City Manager Netter explained the staff report on this item, as reviewed in the
Council Meeting Memo, and advised Finance Director Harrow was available at
tonight's meeting to respond to Council questions. Mr. Netter also advised a public
hearing had been duly noticed and scheduled at this time.
Stanley Lindsay, Administrative Services/Finance Director of the City of Santa
Rosa reported on the progress of the review audit from Deloitte & Touche on cost
allocations and beneficial possibilities for Santa Rosa's Subregional Wastewater
System. This report will be forwarded on to the Santa Rosa City Council. TAC
will also be reviewing this report.
Rohnert Park City Council Minutes ( 9 ) September 26, 1995
Mayor Eck said he would like to have the audit review on the public record and
suggested deferring action on this item until the report can be obtained from TAC.
Mr. Lindsay responded he would provide the audit report. Mayor Eck signified it
would be beneficial to review the audit to at least acknowledge that this Council
has done so prior to the raising of sewer rates.
PUBLIC FEARING: Mayor Eck opened the public hearing at approximately 8:39 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:
Nanci Spangler, 7292 Calcutta Court, questioned whether the decision for rate increases wouldn't be
better left to the citizens. Citizens should have the opportunity to have their say in
anything asking them for funds. She recommended putting this on the ballot.
Mayor Eck responded the Council is democratically elected to be responsible for
representing the people with certain decision making efforts. He made the above
recommendation to defer action on this item until the referenced audit on cost
allocations can be reviewed.
Councilman Reilly gave the example of designated efforts or projects that everyone
initially thought were justified and asked how could the payment of these justified
debts be made if the people then voted "no" on ballot measures.
*CORRECTIONS (4) below presented at the 4/9/96 City Council meeting:
Per letter communication from Mr. Hudson (corrections underlined - deletions lined out)
John Hudson, 399 Bonnie Avenue, compared the overlap between population increases and the
increased degrees of technology needed, which results in requesting the population
to subsidize the cost. He reviewed his concerns as follows: this item was on the
agenda in March and previous comments by the Mayor referenced governing in the
form of fees, that no one has received rebates from development fees, and hopefully
they pay the fees; the interest is not to destroy our greenbelt; a designated
property was sold which has left us stuck with paying for it; the previous General
Plan effort showed *(t)-5"0 67% of the community wanted to hold the population
at 40,000 compared to annexation recommendation of City Councilmembers;
*(2) rw_ environmentalists told signified developer to put stores like K -Mart, Wal-
Mart, etc. beside each other but upon reflection anyone with common sense would
realize otherwise giving the example that *(3)Mendeeine Cou t Mexico would be
the richest *(4) eetly cow in the hemisphere; the City cannot be trusted to
make this decision; a signified person claiming background information has told Mr.
Hudson that the gage has been broken for several years so there is an attempt to
suppress knowledge; a ballot measure is needed to require voter approval of
annexation which would eliminate trouble caused by these tactics.
There being no one further desiring to speak, Mayor Eck closed the public hearing
at approximately 8:46 p.m.
Rohnert Paris City Council Minutes ( 10 ) September 26, 1995
A motion was made by Vice Mayor Linda Spiro, seconded by Councilwoman
Gallagher, and unanimously approved, to table this item to the next Council
meeting or until time certain the above referenced audit on cost allocations on the
Santa Rosa Subregional Wastewater System is received.
City Manager Netter and Finance Director Harrow responded to additional Council
questions involving financial aspects referenced in contents of the staff report
provided to Council for the 1995 -96 Budget for the Sewer Operation. City
Manager Netter referred to the timing factor and pointed out that the more the rate
increase is delayed, the more the revenue figures would be reduced.
Mayor Eck expressed the need to keep the capital fund line item in the budget. He
also explained he had been misquoted above by Mr. Hudson and clarified that what
he had said was that the City's budgetary funds are separated between capital and
operating expenses. Secondly, the major costs over the years have come from
moving the primary to secondary treatment, which is tertiary, and is not an inexpen-
sive process.
Director of Public Works /City Engineer Brust responded to Council questions
regarding meters and the accuracy of readings. Discussion continued.
Mayor Eck advised, in the interest of the public, that even though he closed the
public hearing tonight for this item, the next meeting will be open to additional
public comments.
1994 195 REVENUE & EXPENDITURE REPORTS:
City Manager Netter referred to staff report with detailed attachments provided to
Council for this item. City Manager Netter and Finance Director Harrow responded
to Council questions related to contents therein.
SPORTHA US PROPOSAL:
City Manager Netter referenced background on this item as reviewed in the Council
Meeting Memo. A public hearing was held on this proposal at the previous Council
meeting. Council deferred the item to this Council meeting in order to provide an
opportunity for Sporthaus representatives to respond to inquiries on the identity of
the investors and other concerns related to the project.
Councilman Flores pointed out the Council has had an opportunity to review four
or five proposals to date. The Council Committee comprised of himself and Vice
Mayor Linda Spiro recommend approval of this Sporthaus contract which has been
reviewed by City Attorney Flitner. There may be minor aspects yet to be
considered but, in essence, it is the contract the Council Committee is
recommending. Mr. Flores introduced Attorney Martin McOmber, a limited
Rohnert Park City Council Minutes ( 11 ) September 26, 1995
partner representing Sporthaus Rohnert Park, who further reviewed details of the
proposal and responded to Council questions.
Discussion included varied opinions related to considering the best use of the land;
the logic of reviewing actual proposals versus possibilities related to future
proposals; comparisons with the hospital site proposal and the need to be consistent
with any stipulations for all proposals; and budget concerns and revenue needs of
the City.
Resolution No;
95 -148 AUTHORIZING AND APPROVING AN AGREEMENT WITH SPORTHAUS
ROHNERT PARK (FOR A SPORTHAUS U.S. A. FACILITY)
Discussion concluded upon retention of motion tabled at the previous Council
meeting by Councilman Flores, seconded by Vice Mayor Linda Spiro, reading of
Resolution No. 95 -148 was waived and said resolution was adopted by the
following vote:
AYES: (3) Councilmembers Flores, Vice Mayor Linda Spiro and Mayor Eck
NOES: (2) Councilman Reilly, signifying continued concern that there may be a
better use for the land and, more consideration should be given to
other possibilities before choosing; and
Councilwoman Gallagher, signifying that intuitively there was just
something wrong. The City is looking at a 20 year Master Plan and,
for her, the Sporthaus project is not a driving need. She agreed with
Councilman Reilly that this is not saying no to the project, but the City
needs to look at other possibilities to ensure the best use of the land.
HOSPITAL SITE PROPOSAL: City Attorney Flitner referenced his memorandum dated September
18, 1995 with attached draft option agreement with the Rohnert Park Wellness
Center (RPWC) regarding the possible lease or purchase of the hospital site for the
proposed comprehensive medical facility. Mr. Flitner anticipated a forthcoming
revised proposal following an upcoming meeting with the Council Committee and
RP-WC representative, Mr. Walker. City Attorney recommended deferral of this
item until the revised agreement is prepared, which would be within 2 to 4 weeks.
Mayor Eck recommended noticing a public hearing when the final agreement is
prepared for review.
EMPLOYEE NEGOTIATIONS (REPRESENTED AND NON- REPRESENTED)
City Manager Netter advised this item would be deferred to possibly a special
meeting or the next regular Council meeting in order to allow time to try and iron
out concerns expressed by Council during this evening's closed session.
Rohnert Park City Council Minutes ( 12 ) September 26, 1995
MOUNTAIN SHADOWS GOLF COURSE/Laborers Local No. 139
re. National Labor Relations Board Order
City Attorney Flitner referenced letter dated September 15, 1995 from American
Golf Corporation/Corporate Counsel related to this item. Mr. Flitner reviewed his
letter dated September 20, 1995 to the City Manager related to the Golf Course
agreement with the City, as previously requested by Council. City Attorney Flitner
advised there is nothing in the referenced Labor Union's bargaining agreement that
affects the current Golf Course agreement with the City, and the City should not
get involved with golf course labor disputes.
GENERAL PLAN MATTERS:
1. Consultant comments on accelerated time frame relative to General Plan - City Manager Netter
referenced memorandum from Donna Oldford, Planning Consultant, regarding this
item including recommendation that the Council be prepared to authorize
preparation of the RFP at its meeting of January 9, 1996.
Councilman Flores commented that Dave Mochel, Member of the General Plan
Advisory Committee, was present at this Council meeting earlier this evening but
must have left due to the lateness of the hour. Mr. Mochel previously signified to
Councilman Flores that the General Plan is a difficult process but doing well.
COUNCIL COMMITTEE REPORTS:
1. United Way - Vice Mayor Linda Spiro referenced fax letter received this date, September 26, 1995,
from United Way, distributed to Council prior to the meeting, and listed as item #5
on tonight's communications. Ms. Spiro reviewed contents therein pertaining to
the proposed outline from United Way toward a working agreement with the City,
resulting from Ms. Spiro's recent meeting with representatives of United Way.
A motion was made by Vice Mayor Spiro, seconded by Councilman Flores, and
unanimously approved, to accept the above - reviewed outline from United Way and
to move forward in working together.
2. Bicycle Rally - Councilwoman Gallagher referred to her participation in the recent Bicycle Rally
from A Section to H Section held during the Founder's Days event. Ms. Gallagher
commented that though she was not the Council Committee Member for this item,
she wanted to report that she saw for herself some of the gaps that need to be filled
in, as previously signified, and that it was a good bicycle rally.
TRANSPORTATION MATTERS:
1. Consolidation of Transit Services - Council position requested - City Manager Netter referenced
this item, as reviewed in the Council Meeting Memo, including the recent position
taken by Santa Rosa to continue to operate its own transit system. Therefore, a
consolidation of transit operators within Sonoma County no longer seems feasible.
Rohnert Park City Council Minutes ( 13 ) September 26, 1995
Sonoma County Transportation Authority (SCTA) is requesting additional
comments from the City regarding this matter.
A motion was made by Mayor Eck, seconded by Councilman Reilly, and unani-
mously approved, to draft a letter indicating that Rohnert Park is happy with its
current level of service and that the issue of consideration of transit operators
should be directed at the current transit operators such as Santa Rosa and the
County of Sonoma.
Director of Public Works /City Engineer Brust responded to Council questions
related to the timing of schedules and cost factors of additional stops, but would
check with Sonoma County Transit about the possibility of meeting the mobile
home park needs including John Reed School students from the parks and increased
ridership anticipated with the new apartments on the west side of the freeway.
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.
Mayor Eck referenced communications on the Calthorpe Study and Highway 101 widening
referencing the Santa Clara law suit and proposed 1/2% sales tax measure. He
referenced the relationship to this and previous Council discussions on the U.S. 101
Highway Project and, at this stage, it will be necessary to look to the courts. Vice
Mayor Spiro reviewed her concerns about uncontrollable factors like not being able
to stop other things while that is being done, as well as those that may not want to
consider it because of existing gridlock. Mayor Eck further commented on the
percentage odds of success. If it requires a two- thirds vote, it will not be on the
ballot, but at 50 %, there may be a chance. The Mayor acknowledged Council
concurrence and agreed to convey the request to the Board of Supervisors at the
next SCTA meeting.
City Manager Netter brought attention to item 91 on communications from Mayors' & Council-
members' Association for the Working Group Meeting Agenda, 7:00 p.m.,
Thursday, September 28, 1995. Mayor Eck said he has attended these meetings
and each city will proceed as it sees fit, and that the cities voicing the complaints
with the structure are doing this out of their own internal problems.
City Manager Netter referenced item #7 on communications from the League of California Cities and
recommended signifying Council's support of SB 936 (Campbell) regarding the
housing element, as requested. Council concurred.
MATTERS FROM/FOR COUNCIL:
1. Creekside School - Councilman Flores acknowledged having this item placed on the agenda. He
referenced letter dated September 20, 1995 from Karen A. Schubert, P.T.S.O.
President from Creekside Middle School and parent of student at CMS. Mr. Flores
Rohnert Park City Council Minutes ( 14 ) September 26, 1995
reviewed contents therein requesting annexation of the school because of the need
for local public safety services. Councilman Flores recommended scheduling this
item on the next Council meeting agenda to consider annexation prior to waiting
for the General Plan Committee to render a recommendation for the annexation for
the reasons indicated in Mrs. Schubert's letter.
Discussion included varied Council opinions and concerns related to annexations
and General Plan timing factors; precautions related to hearing about the possibility
of some proposals on the back half of the school property which led to Council
comments expressing preference for the School Board to consider a lot split;
current procedure regarding responsibility of initial public safety responses by the
City which are then released to the County for investigation or handling; the
designated Middle School location being in the Rancho Adobe Fire District;
reasons shared by Councilman Flores for any school in the community to expect
local services as a normal routine part of life compared to Mayor Eck's responding
comments regarding the responsibility that should be expected from the School
District process not to ignore the local entity, that Council should be approaching
the State legislatures on the issue and, therefore, the inclination that citizens should
look at the entire parcel maybe with consideration for open space, but he would like
to see the property addressed as a total package; Vice Mayor Spiro commented on
the appearance that this Council has come from one extreme to another regarding
annexation concerns as this item should be a "slam dunk" because it is about School
District needs and not about someone profiting from building homes.
Discussion concluded upon Council concurrence that a meeting of the Council
Committee comprised of Councilwoman Gallagher and Councilman Flores, as
Interim for Vice Mayor Linda Spiro, should be scheduled with the School District,
including Cotati, regarding the annexation proposal including a lot -split to separate
the Creekside Middle School.
2. Joint Meeting with City of Cotati, possible date - Thursday, November 2nd, 1995 -
Council requested the City Manager to check on the possibility of a breakfast
meeting for this proposed date.
3. Hewlett Packard Communication meeting - HP Plant, Valley House Drive -
Council requested the City Manager to see if this meeting could be held on
Wednesday, October 4th, 1995 at 7:30 a.m.
4. Television Videos of City Council meetings - Councilwoman Gallagher raised several questions
related to this item including asking why the video of the last Council meeting was
shortened on the next day's broadcast; comments of one citizen kept cutting out on
the last video, yet no other channel was cutting out and, also, the speed of the video
varied; videos get to the library too late for those who want to watch it before the
next meeting; and the first woman speaking under tonight's unscheduled
appearances shared earlier with Councilwoman Gallagher that she would like to
Rohnert Park City Council Minutes ( 15 ) September 26, 1995
listen to live broadcasting of the Council meetings. City Manager Netter responded
this item would be reported at the next Council meeting.
CITYMANAGER'S REPORT.•
1. Final date for filing Ballot Measure for March `96 election: December 25, 1995
City Manager Netter referenced previous discussions to consider Fire Services and
Library Assessments and sought Council's direction for scheduling a Special
Meeting to enable meeting the filing date deadline. With the exception of the
December 19th date which was not possible for the Council majority, Council
agreed a Special Meeting should be scheduled sometime in December for this item
and a public hearing for consideration of the assessments should be scheduled as
soon as possible.
2. Mountain Shadows North Course lake - Flood Damage Report - City Manager Netter reviewed this
report provided to Council advising that the Sonoma County Water Agency
(SCWA) has advised they do not have maintenance responsibility for the removal
of siltation material deposited into the Mountain Shadows North Golf Course
drainage lake during the recent March 1995 floods. Director of Public Works/City
Engineer Brust responded to related Council questions.
Discussion concluded in Council concurrence for the City Attorney to review the
legalities of the Water Agency's claim of no maintenance responsibility for this item
and for the City Manager to file a claim with REMIF, the Water Agency and the
Golf Course for coverage of this damage.
EXTEND CITY COUNCIL MEETING: A motion was made by Councilman Reilly, seconded by
Councilman Flores, 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.
3. Staffing and Recruitment review /update - City Manager Netter referenced this report provided to
Council for its information. He reviewed contents therein and responded to
Council questions. Discussion included varied Council comments on staffing
procedures, recruitment timing and budget related factors especially pertaining to
recently expressed fire service concerns; comparisons with past efforts toward
mobile home park rent control solutions and the need to proceed in like manner for
fire service needs; and concluded in agreement of the need to urge citizens to
support efforts for the proposed fire services assessment.
4. Review of Sonoma County Crushers lease & list of Capital Improvements completed in 1995 -
City Manager Netter referenced a list of improvements submitted by Mr. Fletcher
and provided to Council. He reviewed contents therein, responded to Council
questions, and advised that Mr. Fletcher of Western Baseball League (WBL) was
Rohnert Park City Council Minutes ( 16 ) September 26, 1995
available at tonight's Council meeting to make further comments and/or respond to
any questions the Council might have on this item. He said an inspection was being
completed of the facility and cross check of lease terms with completed
improvements. He would report at a later time, especially on seating capacity and
other improvements required in the lease. Council extended congratulations to the
Crushers on the successful first year of operation.
5. Performing Arts Center Grant - City Manager Netter advised the Performing Arts Center recently
received a grant in the amount of $5,000 from Empire Waste Management.
6. Boys & Girls Club letter regarding Community School student concerns - City Manager Netter
reviewed concerns expressed in this letter and requested Council's authorization to
put the Community School on notice, as requested, and to make other facility
arrangements for next school season. Mr. Netter reviewed background efforts
toward resolving these concerns and responded to Council questions. Discussion
concluded in Council concurrence for the City Manager to meet with
representatives on this matter and to defer the item to the next Council agenda for
further review and consideration.
7. Petaluma Valley Hospital pad rental termination - City Manager Netter advised notice was recently
received on this item. The pad rental agreement amounted to $419 per month.
8. Shopping Cart Parties - City Manager Netter referenced promotional flyers distributed on this item
as part of the efforts to solve the abandoned shopping carts problem and to provide
alternatives for those who need shopping carts.
CITY ATTORNEY'S REPORT.•
1. Any items from closed session - City Attorney Flitner reported that in the Hallock case an appeal
has been filed by Mr. Hallock; the Beary case was denied on the appeal so the
next step would be to the U. S. Supreme Court, which should be disposed of by
now.
2. BIA of Northern California vs. City of Livermore - City Attorney Flitner reviewed this request for
amicus support per letter dated September 12, 1995 regarding the City of Liverpool
adopting an ordinance which goes beyond sprinkling requirement in the Uniform
Codes. Mr. Flitner recommended support due to related factors for cities which
would be at no cost to the City. Discussion followed.
Upon motion by Vice Mayor Linda Spiro, seconded by Councilman Reilly, and
unanimously approved, to support above - reviewed amicus brief.
UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck asked if there were any additional
unscheduled public appearances at this time.
Rohnert Park City Council Minutes ( 17 ) September 26, 1995
Linda Branscomb, 6585 Commerce Blvd. #188, complimented progress on the fire services plan but
was against staff meetings with other groups for integrating policies without public
notices. She thought such meetings, like the recent one with the Chiefs' group,
were great to work on plans together and their input is needed, but the meetings
should be agendized and the public invited. Discussion included Mayor Eck's
explanation that staff is required to review such plans and make recommendations
to Council because staff cannot set policy. Public participation needs to be with the
policy making board and all City Council meetings are agendized and publicly
noticed.
Marie Vinsick, 38 Estrella Drive, referred to her note to Council personally expressing appreciation
for flowers, cards and phone calls for her recent stay in the hospital.
Vice Mayor Linda Spiro said she would also like to thank the Council and staff for condolences and
flowers for the recent passing of her mother.
OTHER MISCELLANEOUS ITEMS:
1. Chamber of Commerce City Council designees - Vice Mayor Linda Spiro referred to the recent
Chamber of Commerce meeting recommending two Councilmembers (Spiro and
Reilly) as designees on the Retention Committee. Mayor Eck responded the
Council designees should be formalized by Council action since the recommenda-
tion is for two. Councilman Reilly requested the item be placed on the next Council
agenda as he was not sure he could find the time to be the designee.
2. Mobile Home Park matters - Councilman Flores referenced the capital improvement pass throughs
for the three mobile home parks and asked if sufficient staffing is available to help
the Rent Appeals Board and assure there is no imbalance related to the quality of
improvements because the park residents cannot afford it. Assistant City Manager
Leivo responded there is a budget in the Rent Appeals Board that can hire a hearing
examiner to review the finances and information, but there is nothing in the
ordinance and standard practices regarding comparisons of need or visually
regarding the improvements. Previous discussions have signified Council thinks that
is reaching beyond park management and is the reason why discussions are
proceeding on the Mobile Home Park Purchase Program for the all three parks.
Director of Public Works /City Engineer Brust responded to further Council
question related to permits that there is compliance as long as the same layout of
roads is retained.
ADJOURNMENT. Mayor Eck adjourned the meeting at approximately 10:35 p.m.
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