1995/12/12 City Council MinutesRohnert Park City Council Minutes
December 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 6:00 p.m. and
led the pledge of allegiance.
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 and Planning Director Skanchy.
CLOSED SESSION. Mayor Eck advised that a closed session commenced this evening at 6:00 p.m.to
discuss litigation matters and personnel matters as listed on the agenda attachment.
APPROVAL OF MINUTES: Upon motion by Councilman Flores, seconded by Councilwoman
Gallagher, minutes of November 28, 1995 were unanimously approved as submitted.
APPROVAL OF BILLS: Upon motion by Vice Mayor Linda Spiro, seconded by Councilman Reilly,
bills presented per the attached list in the amount of $982,321.25 were unanimously
approved.
NON- AGENDAED MATTERS: Mayor Eck asked if Councilmembers or staff had any non - agendaed
items to add to the agenda. Vice Mayor Spiro signified some miscellaneous items.
SCHEDULED PUBLICAPPEARANCE:
Old Adobe Development Services (OADS) - Presentation of Governor's Award
Representatives of GADS, Executive Director Arthur Kerbel and Program Director
Patricia Vreeland, presented the California Governor's Committee for Employment
of Disabled Persons Award to the City. Mr. Kerbel explained the purpose of the
award which recognizes the City's support and conunitment to the hiring of
disabled persons. Mr. Kerbel accepted the award last month in San Diego on
behalf of the City and was here tonight to formally present it to the City Council.
Mayor Eck expressed appreciation on behalf of the City Council for the many
benefits derived from being able to work with OADS.
Rohnert Park City Council Minutes (2) December 12, 1995
CONSENT CALENDAR
Mayor Eck asked if Councilmembers had any questions regarding the Consent
Calendar items which were explained in the City Manager's Council Meeting Memo.
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
RESOLUTION NOS:
95 -188 AWARD OF CONTRACT FOR INFLUENT SEWAGE GRINDER
95 -189 AWARD OF CONTRACT FOR COMMUNITY CENTER MULTI -USE ROOM
FLOOR RENOVATION
95 -190 AWARD OF CONTRACT, ADRIAN DRIVE UNDERGROUND UTILITIES
CONVERSION, PROJECT NO. 1994 -1
95 -191 APPROVING AN AGREEMENT WITH CZ ALTERNATIVE SERVICES FOR A
USED OIL RECYCLING EDUCATION PROGRAM
95 -192 REJECTING CLAIM OF DANIEL RUZICKA (re. alleged damages to automobile
in construction area)
95 -193 REJECTING CLAIM OF EVELYN BAXTER (re. alleged injuries while speed
walking)
95 -194 REJECTING CLAIM OF MALDEN R. DAVIS C/O THOMAS R. KENNEY,
ATTORNEY (re. alleged injuries from fall at construction site)
Upon motion by Councilman Reilly, seconded by Councilman Flores, the Consent
Calendar as outlined on the meeting's agenda, was unanimously approved.
COMMISSIONICOMMITTEEIBOARD APPOINTMENTS
1. Bicycle Advisory Committee - Two Year Terms
Possible appointment to fill vacancy left by resignation of Vernon Schuck - Term to
expire on December 31, 1996 (Councilwoman Gallagher's nomination)
Councilwoman Gallagher requested continued advertisement of this opening as
there have been no applications received to date.
2. Mobile Home Parks Rent Appeals Board - Two Year Terms
Councilman Reilly introduced the applicant, Robert Taylor, who was present at this
Council meeting. Councilman Reilly signified his nomination of Robert Taylor as
the appointment to fill the vacancy left by the resignation of Terriann McGowan for
a two year term to expire on December 31, 1997. Council concurred.
Rohnert Park City Council Minutes (3) December 12, 1995
Ordinance for introduction:
No. 611 AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15,
BUILDING AND CONSTRUCTION, TO ADOPT THE UNIFORM BUILDING
CODE, 1994 EDITION; THE UNIFORM HOUSING CODE, 1994 EDITION;
THE NATIONAL ELECTRICAL CODE, 1993 EDITION; THE UNIFORM
PLUMBING CODE, 1994 EDITION; THE UNIFORM MECHANICAL CODE,
1994 EDITION; THE UNIFORM FIRE CODE, 1994 EDITION; THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994
EDITION; AND THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB
CODE, 1994 EDITION; AS AMENDED, AND ADOPTING OTHER
REQUIREMENTS
City Manager Netter explained this ordinance prepared for introduction. He and
Director of Public Works /City Engineer Brust responded to Council questions.
The Uniform Building Codes are reviewed and revised every three years. Following
introduction of this ordinance, a public hearing will be duly noticed and scheduled
during the Council meeting of January 9, 1996, prior to consideration of adoption.
Upon motion by Councilman Flores, seconded by Councilwoman Gallagher, and
unanimously approved, reading of Ordinance No. 611 was waived and said
ordinance was introduced.
SELECTION OF COUNCIL OFFICERS (Mayor and rice Mayor)
Council shared varied opinions on this item tabled from the previous Council
meeting. Vice Mayor Linda Spiro and Councilwoman Dawna Gallagher re-
confirmed withdrawal of their names as a possible candidate for Mayor for reasons
previously expressed. Councilman Jim Reilly also signified withdrawal of his name
as a possible candidate due to lack of time.
Council acknowledged the motion on the floor, tabled from the previous meeting,
by Vice Mayor Spiro, to nominate Councilman Flores as Mayor, seconded by
Councilman Flores in consideration of the elections advantage issue, as previously
explained.
Discussion concluded with a motion by Councilman Reilly, seconded by
Councilman Flores, to include in the above motion nominating Councilman Flores
as Mayor, the designation of Councilman Eck to serve as Vice Mayor which would
provide an open seat a year from now, due to Councilman Eck's previous
announcement not to seek re- election. With Councilwoman Gallagher dissenting,
said motion was approved.
Rohnert Park City Council Minutes (4) December 12, 1995
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.
Bill Knight, 811 Third St., Santa Rosa, acknowledged he was former Mayor of Santa Rosa, and here
tonight as a representative of the Santa Rosa Chamber of Commerce. He reviewed
concerns related to efforts of the California Constitution Revision Commission with
little education provided or distribution of information. Council should be aware of
the issues as some will become law. Mr. Knight requested the assistance of the
City Council in responding to these concerns. Written comments are due by Friday,
January 12, 1996. Mr. Knight confirmed to Council inquiry that ABAG recently
sent out a similar questionnaire, but the one provided tonight to Council was
composed by the Santa Rosa Chamber of Commerce. City Manager Netter advised
this item would be scheduled on the January 9th, 1996 Council meeting agenda.
David George, 81 Barham Ave., Representative of Laborers Union No.139, referencing recent
handout to residents, reviewed employee concerns pertaining to the Maintenance
Department of Mountain Shadows Golf Course. He also updated the Council on
information previously provided to Council by Bill Smith, Business Manager of
Laborers Local Union No. 139. Mr. George questioned the confidentiality of the
City's financial statements for Mountain Shadows. He responded to Mayor Eck's
inquiry that his comments tonight were to keep the Council abreast of the situation
and to provide an update for its information.
City Manager Netter expressed caution that this is a labor management issue in
which the City should not be involved and responded to Council questions related
to the above referenced financial statements. City Attorney Flitner responded to
Council inquiry that he would be glad to meet with the Council Committee on this
matter to review related legalities. He could explain either in writing or orally why
the City denied the request for financial reports related to the golf course, which is
not arbitrary on the City's part. -- Discussion concluded upon Council concurrence
for Golf Course Council Committee Members Gallagher and Spiro to meet with
City Attorney Flitner, City Manager Netter and the Mountain Shadows
Management to be updated on this issue.
Nanci Spangler, 7292 Calcutta Court, asked the City Attorney to explain the meaning of the word
"collusion" which she thought applied to the treatment of the Council toward
Councilwoman Gallagher. Ms. Spangler reviewed reasons for her disapproval of
the Council not electing Ms. Gallagher as Mayor for the past two years, as she
thought this was unethical and said she was going to have someone look into it.
Rohnert Park City Council Minutes (5) December 12, 1995
Discussion included City Attorney Flitner referencing the definition of "collusion"
he provided during Ms. Spangler's comments to be when two or more people get
together and decide on a common course of action. City Attorney amended his
comments to include that when people appear in public at City Council meetings
and debate and discuss how they are going to proceed, that is not collusion, but it is
by Council action. -- Mayor Eck suggested Ms. Spangler go to the Fair Political
Practices Commission (FPPC) for further clarification of her concerns.
Robert Taylor, Chairman of the Board of Directors of Rancho Grande Mobile Home Park Residents
Association, acknowledged representing the bulk of the people in the audience of
tonight's City Council meeting. He urged Council to consider adoption of
Ordinance 494 amendments, as recommended by the Mobile Home Parks Rent
Appeals Board, as well as timeliness factors to have it enacted into law when it
goes to the vote of the people.
An unidentified resident, without comment, distributed to Council a letter dated December 12, 1995
urging support of the maintenance workers at Mountain Shadows Resort and
referencing attached letter dated June 14, 1994 to American Golf Corporation from
City Manager Netter regarding previous Mountain Shadows Golf Course concerns.
Paul Stutrud, 712 Hudis Street, expressed continued concerns regarding building construction
complaints, shared examples of applications sent to Sacramento being turned down
on buildings less than ten years old, and did not think the procedure Council
previously recommended is working. Mayor Eck advised the City Attorney was
scheduled to report on this item later on tonight's meeting agenda.
MOBILE HOME PARK MATTERS: 5 -Park Committee Proposed Amendments to Ordinance 494
City Manager Netter referenced extensive informational material provided to
Council on this item including staff reports reviewing preliminary background infor-
mation, results of Rent Appeals Board hearing public testimony at its meeting of
Thursday evening, December 7th, 1995, and City Attorney's recommendations
following the Rent Appeals Board meeting. The proposed Ordinance No. 494
amendments were initially recommended by the 5 -Park Committee, spearheaded by
Jonnie Perrot. Katherine Collins, Chairperson of Mobile Home Park Rent Appeals
Board, confirmed staff reports provided and responded to Council questions. City
Attorney Flitner responded to additional Council questions referencing his
memorandum dated December 12, 1995, confirming his recommendation of the
amendments and that minor changes could be considered following introduction of
the ordinance prior to actual adoption.
Rohnert Park City Council Minutes (6) December 12, 1995
Council agreed it would be appropriate for the Council Committee comprised of
Mayor Eck and Councilman Reilly to meet with representatives of the 5 -Parks
Committee and the RAB Chairperson to further review details of the recommended
Ordinance 494 amendments prior to City Council public hearing(s) to be scheduled
in January 1996. Council acknowledged the importance of the timing factor of this
item related to the March 1996 ballot.
Lorna Blanc, 43 Verde Circle, Member of 5 -Parks Committee, expressed appreciation to the Rent
Appeals Board for all the hard work involved toward the recommended Ordinance
No. 494 amendments. Ms. Blanc reviewed reasons for agreeing with the decisions
reached by the Mobile Home Park Rent Appeals Board resulting in the
recommendations presented to the City Council.
Ordinance for introduction:
No. 612 AMENDING CHAPTER 9.70 OF THE ROHNERT PARK MUNICIPAL CODE
(MOBILE HOME ORDINANCE) TO APPEND FINDINGS AND PURPOSE,
DEFINITIONS, AND VARIOUS OTHER SECTIONS
Discussion concluded upon motion by Councilman Flores, seconded by Vice Mayor
Linda Spiro, and unanimously approved, reading of Ordinance No. 612 was waived
and said ordinance was introduced.
RECESS Mayor Eck declared a recess at approximately 7:32 p.m.
RECONVENE Mayor Eck reconvened the Council meeting at approximately 7:42 p.m. with all
Councilmembers present.
PLANNING AND ZONING MATTERS'°
File No. 1532 - General Plan re. (1) the Draft Environmental Impact Report for the 1995 Rohnert Park
General Plan, and (2) The Draft General Plan and all mandatory elements including
the Land Use; Circulation; Housing; Conservation; Open Space; Noise and Safety- -
Planning Director Skanchy referred to staff reports provided to Council on the
referenced General Plan items. He introduced Michael Berman and Tami Borton,
representatives of RECON Environmental Corp., who were available at this
meeting to respond to Council questions. Public hearings for both items were duly
noticed and scheduled on the City Council agenda at this time with related
resolutions prepared for Council's consideration following the public hearings.
Responses were provided to Council questions respectively by RECON Represen-
tative Michael Berman, Planning Director Skanchy, Director of Public Works /City
Engineer Brust, City Manager Netter and City Attorney Flitner.
Rohnert Park City Council Minutes (7) December 12, 1995
PUBLIC HEARINGS: Mayor Eck opened the public hearings at approximately 7:58 p.m.
Public comments were submitted on speaker cards and /or other written or verbal
communications expressing concerns and recommendations for the two above -
reviewed General Plan items as listed on the agenda by the following citizens:
Dave Mochel, 4405 Hollingsworth Circle
Linda Branscomb, 6585 Commerce Blvd., #188
Don Bright, 13 76 Mattice Lane
Jake Mackenzie, 1536 Gladstone Way
There being no one further desiring to speak, Mayor Eck closed the public hearing
at approximately 8:36 p.m.
Discussion included Council consideration of public input on this item and
responses to additional Council questions by City Manager Netter, Assistant City
Manager Leivo and Planning Director Skanchy. Mr. Skanchy explained routine
staff efforts that will make standard corrections for consistency throughout the
document and reviewed changes to be made as follows:
CHAPTER 2 - LAND USE
*Remove paragraph regarding specific plan boundaries from page 2:13.
•Designated School District map corrections on page 2:16 regarding School District
boundaries.
*Remove references to Sonoma County land use designations on page 2:26
removing items 1, 3, 4 & 5 and correctly re- number remaining items. Discuss open
space and community separator in Open Space Element.
CHAPTER 3 - CIRCULATION
*Recalculate and correct Levels of Service (LOS) reflected in map (Fig.3.5)
regarding Existing Levels of Service on page 3:7.
CHAPTER 4 - HOUSING ELEMENT
*Update graph (Fig.4.8) regarding Building Permits Issued 1988 -1993 on page 4:30.
CHAPTER 6 - OPEN SPACE ELEMENT
•Correct Williamson Act Map (Fig.6.2) on page 6:5.
*Add paragraph on community separator from page 2:26.
CHAPTER 8 - SAFETY ELEMENT
•Update First Response Times in Minutes (Fig.8.6) on page 8:14 to reflect 1994
and 1995.
Further discussion included Council concurrence to retain and /or make additional
revisions in the General Plan 1995 document signified as follows:
CHAPTER 1 - SUMMARY
*Add requirement of a Fiscal Impact Analysis to the General Summary on page 1:4
to the first sentence signifying other requirements if and before the City does any
annexation of lands.
Rohnert Park City Council Minutes (8) December 129 1995
CHAPTER 2 - LAND USE
*Retain section 2.1 reference to population designation between 40,000 and 45,000.
(Council commented on the proposed bill on state ballot regarding self certification.)
*Change reference to Transworld Financial to Transworld Systems Inc. on page 2:8.
•Add a statement regarding retention of businesses under Implementation Measures
on page 2:32.
CHAPTER 3 - CIRCULATION
*Include under Goals and on uaize 3:20 under Implementation Measures to urge the
state to take responsibility for transportation system management.
CHAPTER 5 - CONSERVATION
•Add comments regarding the need for expanded geology topography and soils
analysis to Section 5:4 toward consideration of developing some kind of policy for
the next General Plan amendment.
Resolution Nos:
95 -195 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
ROHNERT PARK GENERAL PLAN WITH CERTAIN FINDINGS AND
DIRECTING THE CITY MANAGER TO FILE A NOTICE OF
DETERMINATION
Upon motion by Councilman Flores, seconded by Councilman Reilly, and
unanimously approved, with inclusion of any above - signified comments pertaining
to certifying the Final EIR for this item, reading of Resolution No. 95 -195 was
waived and said resolution was adopted.
95 -196 ADOPTING THE FINAL ROHNERT PARK GENERAL PLAN AS REVISED
AND AMENDED
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, and
unanimously approved, with inclusion of above - signified amendments, reading of
Resolution No. 95 -196 was waived and said resolution was adopted.
FIRE SERVICES /Funding Options -- City Manager Netter reviewed results of the recent work
session held for this item on December 5, 1995, as reviewed in the Council Meeting
Memo. Following a presentation by Berryman & Henigar (BSI Consultants, Inc.)
regarding the pros and cons of assessment district proceedings compared to a
special tax, Council agreed to proceed with the Fire Services Assessment, which is
a benefit assessment to consider additional personnel for Fire Services. City
Manager Netter advised Dennis Klingelhofer of Berryman & Henigar was present
at this Council meeting. Mr. Netter referenced revised contract of December 11,
1995 from Berryman & Henigar, and City Attorney Flitner's memorandum of
December 8, 1995 with recommended changes for this item, which were provided
to Council prior to the meeting. A resolution was prepared for Council's
consideration to approve the contract with Berryman & Henigar. City Manager
Netter, City Attorney Flitner and Dennis Klingelhofer of Berryman & Henigar
responded to additional Council questions pertaining to this item.
Rohnert Park City Council Minutes (9) December 12, 1995
Resolution No:
95 -197 APPROVING A CONTRACT WITH BERRYMAN & HENIGAR (BSI
CONSULTANTS, INC.) FOR ASSESSMENT ENGINEERING SERVICES
AND FIRE SERVICES NEEDS
Discussion concluded upon motion by Councilman Flores, seconded by Mayor Eck,
and unanimously approved, reading of Resolution No. 95 -197 was waived and said
resolution was adopted.
Vice Mayor Linda Spiro requested inclusion of her comment that she is definitely in
favor of this action and is voting for it but stated if we were to look at other areas
in the City, maybe we would not need to look at an assessment or special tax.
COUNCIL COMMITTEE REPORTS:
1. Community School -- Council Committee Member Flores referenced report provided to Council
from this Council Committee comprised of himself and Councilman Reilly. He
shared contents therein reviewing results of the Council Committee meeting held on
November 28, 1995 with representatives of the Sonoma County Office of
Education. City staff present at the meeting were City Manager Netter and
Director of Public Works /City Engineer Brust. City Manager Netter and
Councilman Flores responded to Council questions confirming recommendation
that the Community School should be relocated with consideration given to City
land off Jimmie Rogers Lane for a portable building and basketball court.
Discussion included varied opinions regarding the relocation of the Community
School and concluded in Council agreement that further consideration should be
given to the proposed location off Jimmie Rogers Lane and/or other location
possibilities; contact City of Cotati regarding other site possibilities; make efforts
to obtain a more firm proposal from the Community School; and contact Rev. Sam
Tharpe of T's Academy regarding the possibility of combining his efforts with the
Community School.
2. Open Space /Community Separator -- Mayor Eck reported on recent meeting with Santa Rosa City
Manager Ken Blackman and Open Space District Executive Director David Hansen
with efforts toward a community separator joint agreement with the County and
Cities of Santa Rosa and Rohnert Park to protect the area north of the City.
Hopefully, this item will be presented to Council for review sometime in January
1996, with the possible proposal of Santa Rosa moving back some of its spheres.
EMPIRE WASTE MANAGEMENT- Debris Box Service
City Manager Netter referenced letter dated December 1st, 1995 from Empire
Waste Management advising of the rate increase for debris box services due to
County Disposal Rate increase, as reviewed in the Council Meeting Memo. City
Manager Netter and Maureen Middlebrook, Division Manager of Empire Waste
Management, further explained this informational item and responded to Council
questions. Council acknowledged agreement with the item as reviewed.
Rohnert Park City Council Minutes (10) December 12, 1995
SONOMA LAFCO - Policies pertaining to agricultural lands
City Manager Netter referenced letter dated November 27, 1995 from Sonoma
LAFCO regarding this item, as reviewed in the Council Meeting Memo. This
information was provided to Council for its review and comment on the policy
changes the LAFCO Commission may consider. Discussion concluded in
agreement that the time frame for responding Council comments would permit
deferring this item to the January 9th, 1996 Council meeting.
C OIV MULVLCA1101'VJ: Communications per the attached outline were brought to the attention of
the City Council. No action was taken unless specifically noted in these minutes.
1. Councilwoman Gallagher referenced item #4 on Communications from Heidi Weil expressing
concerns regarding support for the General Plan Advisory Committee. Councilman
Reilly responded this was the third item he had listed under Matters from Council
on the agenda recommending a Council Liaison for the General Plan Advisory
Committee. Mr. Reilly explained he was not suggesting a Council Liaison attend
the meetings of the General Plan Advisory Committee but to be available to
respond directly to concerns and questions of the General Plan Advisory
Committee, as Liaison on behalf of the City Council. Discussion concluded upon
Council agreement with recommendation by Councilman Reilly for Mayor Eck to
be Council Liaison to the General Plan Advisory Committee, as reviewed.
2. City Manager Netter referenced item #8 on Communications from Director of Public Safety
Rooney regarding Status of Emergency Response to Creekside Middle School.
Director of Public Safety Rooney has informed the City Manager that the question
is between the County Counsel and their own agreement with the City. The
County Counsel and City Attorney Flitner need to discuss the terms, but it can be
done by agreement. Director of Public Safety Rooney will be meeting with Sheriff
Ide in the next couple of weeks.
3. Mayor Eck referenced item #3 on Communications from Golden State Mobilehome Owners
League (GSMOL) regarding recommendation to appeal the Hillsboro case on the
proposed mobile home park ordinance changes. Mayor Eck said Council has been
receiving the letters urging this but he would also like for them to periodically come
up front on issues like vacancy control and give Council some strong indication that
they are behind us, but also have resources available, such as legal wherewithal, etc.
4. Councilwoman Gallagher referenced item #6 on Communications from the Lyndon's regarding the
proposed Fire Service Assessment and asking for a copy of the City's 5 -Year Plan
on how the Fire Services Plans are going to change. City Manager Netter
responded that the 5 -Year Plan is on hold right now due to the more recent
direction for the Fire Services Assessment efforts reviewed earlier on this agenda.
5. Councilwoman Gallagher referenced item #13 on Communications from the Kolb's expressing
concerns on the proposed theater complex on Golf Course Drive. Councilwoman
Gallagher asked if this was scheduled for review by Council prior to approval as
she wanted to be sure it was reviewed on the public forum. Discussion included
Rohnert Park City Council Minutes (11) December 12, 1995
City Manager Netter's response that it is a 101 Corridor location which requires
Council review. Mayor Eck directed the minutes to reflect that the Council will be
reviewing the theater complex proposal.
6. Councilwoman Gallagher referenced item #14 on Communications from Director of Public Works/
City Engineer Brust regarding letter request to Caltrans on the Highway
101/Rohnert Park Expressway Interchange Project. City Manager Netter advised
this item was scheduled later on the agenda under the City Manager's Report, as
reviewed in the Council Meeting Memo, but would provide the information now.
He shared contents of letter provided to Council from Caltrans dated November 21,
1995 with attached drawings confirming inclusion of the park and ride lot and the
new southbound on -ramp and the ramp widening work, along with the northbound
on -ramp and widening on the Rohnert Park Expressway, with the completion of a
cooperative agreement. The City would be charged 14% of the cost of work for
contract administration. Staff recommends preparation of a letter to Caltrans
requesting them to draft a cooperative agreement, accordingly, for Council's
consideration to enable completion of these projects as one unit. Council agreed.
MATTERS FROM/FOR COUNCIL:
1. Mayors' and Councilmembers' Association Meeting, Rohnert Park Host City, Mountain Shadows
Golf Resort at 6:30 p.m., Thursday, January 11, 1996 -- Mayor Eck announced
this item.
2. City Council meeting - December 26, 1995 - Possible cancellation (City Hall closed on Monday,
December. 25, 1995) -- Discussion concluded upon motion by Councilwoman
Gallagher, seconded by Councilman Flores with Vice Mayor Linda Spiro
dissenting, to cancel the December 26th, 1995 Council meeting, was approved.
3. General Plan Advisory Committee - Liaison (Reilly) -- Councilman Reilly acknowledged this item
was handled earlier under Communications.
4. Allen Stock Radio Show request -- Vice Mayor Linda Spiro advised she would be on the Allen
Stock Show tomorrow and requested the record to reflect Council concurrence for
compliance with REMIF insurance coverage requirements. Council concurred
5. Special Meeting to Change Officers (Mayor and Vice Mayor) -- Councilman Flores recommended
a brief meeting on Tuesday evening, December 19th, 1995 from 6 to 7:30 p.m. for
the changing of officers. Council concurred.
6. Parks and Recreation Sub - Committee re. City Facility Provisions for the Disabled --
Councilwoman Gallagher, as Council Liaison, asked about the tentative date of
December 18th proposed for this sub - committee meeting. City Manager Netter
advised the Parks and Recreation Commission will select the sub - committee at its
meeting of December 18th. Following that meeting, a time and date will be set for
a meeting for this issue and Councilwoman Gallagher will be informed.
Rohnert Park Cite Council Minutes (12) December 12, 1995
7. P.G. &E. responses to power outages -- Vice Mayor Linda Spiro referenced recent storm related
power outages and her communications from citizens advising of complications of
some phone systems not working when power is out, which included the Medical
Center. She asked if P.G.& E. could be requested to provide some kind of backup
system during such outages.
8. Asphalt damage -- Vice Mayor Linda Spiro reported she received calls from two citizens regarding
street asphalt damage in the vicinity of Country Club Road and Rohnert Park
Expressway, near Santa Dorotea Drive. City Manager Netter directed Director of
Public Works /city Engineer Brust to check into this.
9. Signs on chain link fence -- Vice Mayor Spiro asked about the ownership of the chain link fence
along the Expressway and noticed there were signs on the fence. Director of Public
Works /City Engineer Brust responded the fence belongs to Caltrans and he would
handle the matter.
10. Animal Shelter staffing -- Vice Mayor Spiro shared a citizen's concern regarding staffing and
hours of operation at the Animal Shelter. City Manager Netter indicated he would
provide a schedule of hours of operation of the Animal Shelter.
11. City Sign on East Cotati Avenue at SSU driveway -- Councilwoman Gallagher said she noticed
this sign was missing today. City Manager Netter responded it was possible the
sign was removed for repairs, and he would check on it.
CITY MANAGER',S REPORT.•
1. Booking Fee Proposal FY 96 -97, County of Sonoma -- City Manager Netter explained this item, as
reviewed in the Council Meeting Memo, per the complete outline of the formula in
letter dated November 30, 1995 from Tom Schopflin, County Administrator, which
was provided to Council.
2. Caltrans letter on Route 101/R.P.Expressway Widening Interchange Project -- City Manager Netter
acknowledged this item was handled earlier under Communications.
3. Employee Service Awards -- City Manager Netter referred to the City's Annual Appreciation Affair
scheduled Friday evening, January 19th, 1996. He pointed out that, in the past, the
awards and plaques have been consistently the same for everyone whether a full
time employee, commissioner, committee member or volunteer. Staff recommends
a change in certificates to recognize differing positions and requests Council's
direction regarding same. Discussion included appreciation of comparative values
of every position whether voluntary or salaried with fringes. Council concurred this
matter could be considered more fully between now and the next budget reviews,
but to proceed as usual with the possibility of smaller plaques for January 1996
recognition due to the short time frame.
Rohnert Park City Council Minutes (13) December 12, 1995
4. Cost Proposal to verify meter installations/CH 2M Hill -- City Manager Netter explained this
request for cost proposal, as reviewed in the Council Meeting Memo, to review and
analyze the City's flow meters recently installed at the City's Wastewater Pump
Station because of the great variations in recent meter readings.. Director of Public
Works /City Engineer Brust and City Attorney Flitner responded to Council
questions confirming the need for verification of findings related to pending
litigation with the company that installed the meters.
A motion was made by Councilman Reilly, seconded by Councilman Flores, and
unanimously approved, to proceed with the above - reviewed request for a cost
proposal from CH2M Hill to verify meter installations.
5. Golf Course Notice from Dept. 40 Maintenance -- City Manager Netter acknowledged this item
was reviewed earlier during this Council meeting.
6. Community Garden Budget/Fence -- City Manager Netter distributed to Council the Green
Thumb News letter of November 1995 provided from Barbara Wilson, representing
the Rohnert Park Community Organic Garden. City Manager Netter explained the
staff report provided to Council outlining the Cost Summary to date for the Com-
munity Garden. Council budgeted $25,000 of which approximately $16,824 has
been accrued for actual and anticipated costs to date, leaving a balance of approx-
imately $8,176. Discussion included confirmation that Director of Public Works/
City Engineer Brust is obtaining fencing cost proposals for the Community Garden.
7. Heavy rains -- City Manager Netter reported on City maintenance efforts to clean debris from
catch basins resulting from recent heavy rains. So far, it is going fairly well with no
real problems, which is probably due to extensive cleaning efforts that were
necessary from the floods of last March.
CITY ATTORNEY'S REPORT:
1. Any items from closed session -- City Attorney Flitner reported he was reviewing the potential
Golis litigation matter to see if something more should be done in the City's interest
and considering how to respond to Mr. Golis.
EXTEND COUNCIL MEETING: Upon motion by Councilman Reilly, seconded by Councilwoman
Gallagher, to extend the meeting beyond the 10:00 p.m. adjournment time to
complete scheduled agenda items, was unanimously approved.
2. Review /analysis of right of City to withhold building permits or project approvals -- City Attorney
Flitner referenced his opinion provided to Council on this item, as previously
requested. Mr. Flitner reviewed contents therein and responded to Council
questions confirming that he did not see how the City can withhold building permits
from any contractor holding a valid state contractor's license, and that the State
Contractors' License Board is the entity to which complaints about a contractor are
to be directed. Discussion included reference to the opportunity provided during
the process toward tentative map approval for reviewing the merits of a project.
City Attorney responded to Council question that his opinion was not to say the
City cannot make conditions if reasonable based on some findings that should be
Rohnert Park City Council Minutes (14) December 12, 1995
imposed, but he had not found any cases to oppose abilities of a contractor holding
a state contractor's license. -- Discussion included Councilwoman Gallagher
expressing disagreement with the City Attorney's opinion on the part about the
local agency responsibility for a certain builder as it is a privilege to get a permit, so
she wanted a second opinion. She thought the local agency should be held
accountable for construction quality and, specifically for the record, wanted to say
this has ruined many people's lives in this community. -- Mayor Eck advised this
would be considered an executive session discussion item. It should have heen
brought up in the executive session when he asked if there were any additional
concerns or questions on this matter and no one responded. -- Further discussion
included varied Council opinions with explanation that the public recourse is to
work with the contractor and the only alternative is litigation. The City does not
have the authority that the courts have and does not have that judgment ability.
Comparisons were made of similar concerns in another city with no adverse affects
on property values with the possibility expressed that it might have been because
nothing was said in the press or on the radio, etc. -- Mayor Eck concluded there is
not much a city can do about this kind of thing without having a lot of control. He
said Councilwoman Gallagher would need to present a specific proposal and
questioned what she wanted to add and, again, that she should have signified her
concerns earlier during the executive session.
3. General Plan Advisory Committee - Brown Act application- -City Attorney Flitner reported on his
response to the General Plan Advisory Committee regarding concerns recently
expressed including confirmation that their meetings can be video taped since they
are a public body, therefore, the Brown Act requirements apply to their meetings.
UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck asked if there were any additional
unscheduled public appearance at this time.
Ron Wilson, 73 Francis Circle, questioned the expenditures to date on the Community Garden. City
Manager Netter reiterated the Cost Summary for this item previously reviewed
under the City Manager's Report clarifying the terms for actual costs, anticipated
costs and remaining balance.
Richard McCauley, 708 Santa Alicia, expressed concerns related to P.G. &E. power outages including
the one in their neighborhood last night until 3:00 this afternoon. He shared
reasons for thinking the outages in their neighborhood were more frequent and
unreasonable compared to newer areas.
ADJOURNMENT: Mayor Eck adjourned the meeting at approximately 10:35 p.m. to 6:00 p.m. on
December 19, 1995 for a special meeting to seat the new Council Officers.
40 W.O.
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Mayor