1996/02/13 City Council MinutesRohnert Park City Council Minutes
February 13, 1996
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 Flores presiding.
CALL TO ORDER: Mayor Flores called the regular session to order at approximately 6:20 p.m.
and led the pledge of allegiance.
ROLL CALL Present: (4) Councilmembers Eck, Gallagher, Spiro and Mayor Flores
Late: (1) Councilmember Reilly (due to commute traffic - arrival time as
signified later in these minutes)
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter, City Attorney
Flitner, Assistant City Manager Leivo, and Planning Director Skanchy.
Mayor Flores advised that a closed session commenced this evening at 6:00 p.m. to
discuss litigation matters, real estate negotiations and personnel matters as listed on
the agenda attachment. During that discussion the acquisition of several mobile
home parks was discussed. No action was taken and there was nothing further to
report at this time. City Attorney, John Flitner stated he would report on closed
session items later on the agenda under City Attorney's Report.
APPROVAL OFMIIVUTES: Corrections to the Minutes of January 23rd were signified as follows:
Councilwoman Gallagher stated that on page 8, second line, the statement she
made was "I have been targeted by someone from the Carpenter's Union" and not
the statement quoted in the Minutes. Vice -Mayor Eck did not agree with the
amendment and requested the tape from the last meeting be reviewed to confirm
the exact statement. City Manager, Netter, stated he would review the tape and
reword the Minutes, if necessary. -- Excerpt from tape as follows:
Armando, there's one last thing. Armando, you have to know something. This,
excuse me, this is important. This City Council person has been threatened and I
want it for the record that the man that's sitting in this aisle, is sitting right there
(directly pointing to a particular man in the designated area) that works for Condiotti,
I have been the target of the Carpenters' Union for which Condiotti donates a huge
chunk of money, and that was two Wednesday's ago, and I want it for the record, that
I have been told by the Carpenters' Union who got riled up by Condiotti, that I should
be taught a lesson, so if there is any bodily harm done to me.... I can't go to my police
department here and tell them this has happened .... I want it for the record, if
something happens to me, if my car is brutalized, if my body, my son, anything
happens to me. I want it for the record that that man right there is causing people to
cause dispair .... ? ... or, disrespect ... (word not clear on tape). Now it's for the record.
Thank you. Now it's for the record.
Mayor Flores stated that on page 7, first paragraph, to change the name of John
Davis to John Herrera, Representing the Oakland Raiders.
Upon motion by Councilman Eck seconded by Councilwoman Spiro, Minutes of
January 23, 1996 were unanimously approved as amended.
Rohnert Park City Council Minutes ( 2 ) February 13, 1996
APPROVAL OF BILLS: Upon motion by Councilman Eck, seconded by Councilwoman Gallagher,
City bills presented per the attached list in the amount of $1,066,200.70 were
unanimously approved.
NON- AGENDAED MATTERS. Mayor Flores asked if Councilmembers or staff had any non -
agendaed items to add to the agenda. Councilman Eck stated he wished to add one
item to the agenda under Matters from Council regarding a request he had received
from the Founder's Day Committee.
SCHEDULED PUBLIC APPEARANCES.
1. Presentation by Representatives of Agricultural Property Rights Alliance (APRA) regarding the
West County Wastewater Option.
Kathy Tresch, 1170 Two Rock, Petaluma, was recognized and shared contents of a report on the
West County Plan by the Subregional Wastewater District for the funding of the
disposal of Santa Rosa wastewater, a plan to which they are opposed. Mr. Dick
Shannon, APRA President, set up a slide presentation indicating the areas of West
Sonoma County that would be adversely affected by this plan.
Vice -Mayor Eck advised the Council there is an Advisory Meeting scheduled in
Santa Rosa next week to discuss this issue and if anyone wished to attend, he
would obtain further information. Mayor Flores stated the council would review
the report and evaluate it for further action.
Councilman
Reilly arrives Councilman Reilly arrived at this Council meeting at approximately 6:45 p.m.
2. Mr. Paul Stutrud, 712 Hudis Street, was recognized and reviewed his concerns regarding
construction of homes in Rohnert Park. Mr. Stutrud shared contents of his letter
with the Council and distributed copies to all members.
Mr. Stutrud asked the Council to conduct a Town Hall Meeting, wherein all
members of the community with concerns regarding their homes, as well as
contractors, developers, building experts and all others involved in the construction,
selling, financing and purchasing of those homes, be in attendance to discuss and
answer all questions presented to them in order to resolve this situation and avoid
possible litigation. Mr. Stutrud asked that the Town Hall Meeting be conducted
before March 31, 1996.
Mayor Flores advised Mr. Stutrud that this item will be scheduled on the February
27, City Council agenda and the Council will make a determination on what
procedure they wish to take at that time.
Councilwoman Gallagher stated that at the January 23, 1996 City Council meeting
a Town Hall meeting was discussed and argued a date should be set now in order
to give the public plenty of notice in order to attend.
Rohnert Park City Council Minutes ( 3 ) February 13, 1996
City Manager, Netter, stated that the Council determined at the last City Council
meeting to hold off setting a date for a Town Hall meeting until the General Plan
Committee gives its final report.
Mayor Flores asked that the intent to establish a date for the Town Hall Meeting
be reflected in the Minutes.
CONSENT CALENDAR
Mayor Flores asked if Councilmembers had any questions regarding the matters on
the Consent Calendar as explained in the City Manager's Council Meeting Memo.
Mayor Flores acknowledged the speaker cards received from residents wishing to
address the Council of their concerns pertaining to the recent storms and flooding
in their neighborhoods which will be covered under unscheduled public
appearances.
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
RESOLUTION NOS:
96 -13 PROCLAIMING NATIONAL ENGINEERS WEEK FEBRUARY 18-24,1996
96 -14 CALLING FOR SEALED PROPOSALS FOR RE- CARPETING OF VARIOUS
CITY FACILITIES
96 -15 CALLING FOR SEALED PROPOSALS FOR RE- ROOFING THE REMAINDER
OF THE ROHNERT PARK LIBRARY ROOF
96 -16 ACCEPTING SUBDIVISION IMPROVEMENTS AND AUTHORIZING RELEASE
OF SECURITIES, SPRECKELS PLACE UNIT 9
96 -17 NOTICE OF COMPLETION, GOLIS PARK LIGHTING, PROJECT NO. 1995 -2
96 -18 NOTICE OF COMPLETION, TRAFFIC SIGNALS - 1992, PROJECT NO. 1991 -8
96 -19 NOTICE OF COMPLETION, TRAFFIC SIGNALS - 1993, PROJECT NO. 1993 -2
96 -20 INDICATING THE INTENT TO PROVIDE $138,000 FROM THE RESERVE FOR
HOUSING PROGRAMS FOR THE HOLIDAY INN PROJECT OF BURBANK
HOUSING DEVELOPMENT CORP.
ORDINANCE FOR INTRODUCTION:
No. 614 AMENDING TITLE 10 OF THE ROHNERT PARK MUNICIPAL CODE -
VEHICLES & TRAFFIC (DESIGNATING TRAFFIC SPEED LIMIT ON LABATH
AVE.)
Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, the
Consent Calendar as outlined on the meeting's agenda, was unanimously approved.
Rohnert Park City Council Minutes ( 4 ) February 13, 1996
EDUCATION FOUNDATION OF COTATI & ROHNERT PARK LETTER re.
IOth Annual "Sharing of the Green "Auction, to be held on March 9, 1996
1. Request for One Family Pool Membership and one Family Sports Center Membership
2. Request for fee waiver for use of the Community Center
Mr. Greg Nordin, President of the Education Foundation, was recognized and asked the Council to
approve the donation of gift certificates for a family Pool Membership and a Family
Sports Center Membership to be awarded at the "Sharing of the Green" Auction to be
held on March 9, 1996. In addition, the Board of Directors of the Foundation asked
the City to consider waiving the City's fee for the use of the Community Center.
Vice -Mayor Eck commended the Education Foundation for the benefits they provide to
the community and was in favor of donating the gift certificates but stated that waiving
the City's fee for the use of the Community Center would open up a floodgate of
requests from other non - profits in the area and at present, the Community Center is
breaking even with the fees they charge which are very reasonable.
Upon motion by Vice -Mayor Eck, seconded by Councilwoman Gallagher, donation of
the gift certificates was approved and the waiver of the City's fee for the Community
Center was denied.
Mayor Flores and Councilwoman Spiro commended the organization for their
contributions to the community and the excellent program they provide.
OTHER RESOL UTION FOR CONSIDERATION°°
96 -21 SUPPORTING IMPLEMENTATION OF THE NATIONAL STANDARDS FOR
YOUTH SPORTS
City Manager Netter explained the resolution for consideration which was deferred
from the previous Council meeting.
Discussion concluded upon motion by Councilman Reilly, seconded by Councilwoman
Gallagher, and unanimously approved, with language revision in last paragraph to
change "or an equivalent certification program" to "or an equivalent trams program ",
reading of Resolution No. 96 -21 was waived and said resolution was adopted.
IMPACTS FROM RECENT STORMS°
1. Staff review /areas affected & ratifying emergency purchase orders with Pacific Pipeline
Services and Argonaut Constructors for storm pipe cleaning in "G" Section.
2. Discussion with Sonoma County Water Agency
3. Letter to FEMA requesting amendment for flood damage assistance
4. Letters from residents
City Manager, Joe Netter, reviewed a report prepared by City Engineer, Ron Brust,
pertaining to the storm and subsequent flooding that occurred on February 4, 1996
necessitating the emergency services of Argonaut Constructors and Pacific Pipeline
Services in order to alleviate the situation caused by debris backed up in the storm
drains. Additionally, Mr. Netter advised the Council that the City has been in
Rohnert Park City Council Minutes ( 5 ) February 13, 1996
negotiations with the Sonoma County Water Agency prior to this flooding situation
regarding the silt and debris coming from east of Petaluma Hill Road into the drainage
system.
Councilman Reilly expressed concern that there was flooding in the same area of
Rohnert Park last year and asked why the situation had not been corrected since that
time.
Mayor Flores stated that the clearing of debris from the drainage system at that time
was felt to be adequate but the intensity of the storm this year combined with the tons
of silt coming into the system, were unforeseen conditions.
Councilman Reilly stated that the Sonoma County Water Agency should be held
responsible for the costs of this clean up if it is due to their lack of maintenance to the
drainage channel.
City Manager, Netter, stated the Sonoma County Water Agency stated they were
having problems disposing of the silt and displaced soil due to environmental concerns
of damaging vernal pools.
Councilman Reilly replied there are plenty of areas in Sonoma County to dispose of
debris. The County is not covered with vernal pools and he didn't buy that excuse.
Mayor Flores stated that the problem originates from the overflowing of the Laguna De
Santa Rosa which has been heavily impacted from the recent storms, is in need of
dredging and is backing up into the street storm system drains.
Councilwoman Gallagher asked if the storm system drain pipes in the G section are the
size they are supposed to be and if the maintenance of the golf course had anything to
do with the flooding of the adjacent area.
City Manager, Netter explained that the drain pipes are the right size but they were
clogged up. Mr. Netter stated the City is pursuing a very aggressive program with the
County Water Agency to solve the problem.
Councilman Reilly stated he was not sympathetic with the Sonoma County Water
Agency and feels they are 100% responsible for the flooding situation.
Discussion ensued.
Mayor Flores advised that City Manager Netter, was ready to show a video of the area
affected by the recent flooding and that discussion would continue after the Council
viewed the video.
Mr. Netter explained that the video had been filmed on February 6, 1996 off of
Petaluma Hill Road near the "G" Section and pointed out the hillside that was
excavated and the silt and mud pouring into the drainage channels.
Rohnert Park Citv Council Minutes ( 6 ) February 13, 1996
Mayor Flores stated that the clean up of this area is on the fast track and the
County Water Agency is working with the Corp of Engineers and Fish & Game to
solve the problem to remove silt and widen the Laguna de Santa Rosa which is the
major drainage channel that services this area.
Councilwoman Spiro stated that last year the Council discussed the lakes that
formed on the golf course and the clean up costs which should be shared with the
Sonoma County Water Agency.
Vice -Mayor Eck stated he would like to remind everyone that at one time this
entire area was a lake bottom and there are pictures on record of Highway 101
being covered with water on both sides which explains why the Russian River
wasn't the designated flood area at that time, however, the City needs to establish a
definite time line to correct this situation.
Mayor Flores asked the people in the audience wishing to speak to come forward at
this time.
The following residents expressed their concerns about the recent storms:
Richard Schultz, 212 Fauna Drive, Rohnert Park
John Grubb, 154 Fescue Way, Rohnert Park
Michael Posadas, 960 Helene Court, Rohnert Park (submitted a petition
from residents of the neighborhood affected by the flooding)
Bob Weil, 193 Fescue Way, Rohnert Park
Wally Drotts, 4515 Faust Court, Rohnert Park
Council responded to public comments including requests from residents for a
meeting with City Manager, Netter, and City Engineer, Ron Brust, to discuss their
concerns regarding lack of an emergency exit from the area, access through the golf
course, a policy being established wherein the golf course maintenance crews
work with the city public works department; residents having emergency access to
the public works staff around the clock..
Mr. Posadas requested the following action by the City Council: a: written response
from the City addressing his concerns as well as the 35 signatures listed on the
petition; a City inspection of the flooded area; a written status report on the silt
basin problem; and asked to be scheduled on the next City Council agenda.
Mr. Bob Weil, 193 Fescue Way, prepared and exhibited a map of the area affected
by the flooding.
Mr. Drotts, 4515 Faust, asked the Council if there was any truth in the rumor that
the area was going to be designated a flood zone which would require costly
additional flood insurance.
Mr. Bob Cawley, 171 Fescue Way, stated that a drain channel was open at
approximately 1 a.m. and the water went down rapidly and asked for an explanation
Rohnert Park City Council Minutes (7) Februarti 13 1996
from the city as to how that happened. He also stated that the golf course
maintenance staff was digging drainage ditches to empty out on Fescue Way from
the golf course subsequently flooding his street.
Councilwoman Spiro, stated she is a member of the Golf Course Committee, and
advised that their meetings are open to the public and welcomed the attendance of
those concerned with the golf course maintenance and stated she would look into
these allegations.
Discussion ensued regarding emergency access in and out of the area including
access through the golf course and Council being given the opportunity to review
the reports, speak with the residents and tour the area to view the damage.
Mike Higuera, Superintendent of the Mountain Shadows Golf Course, was
recognized and stated that he wished to refute the statement made that the Golf
Course maintenance crew was directing water into the neighboring residential areas
as untrue.
Mayor Flores stated the Council would look into the matter and try to discourage
unfounded statements and rumors.
Pete George, 168 Fescue Way, a resident of the 'T' Section, speaking out from the
audience, stated that a City staff member was the one who told the residents of the
area that they lived in a flood zone and basically it was just their "tough luck."
A resident of Flores Avenue, speaking from the audience, was recognized and
asked where he should go to file a claim against the city as he has lost two cars in
the recent flooding.
Mayor Flores advised him to come in to City Hall and file a claim at the front desk.
Cheryl Hand, 4484 Flores, was recognized and stated that the city was aware of the
channel being backed up and should have had a back up plan in place and asked
that in the future the city have an alternate plan of some kind in place for this type
of emergency situation.
Mayor Flores advised the residents that he and the City Manager will be meeting
with the Sonoma County Water Agency and will be looking into ways to mitigate
the flooding problems.
RECESS Mayor Flores declared a recess at approximately 8:05 p.m.
RECONVENE Mayor Flores reconvened the Council meeting at approximately 8:20 p.m. with all
Councilmembers present.
Rohnert Park Citv Council Minutes ( 8 ) February 13, 1996
ELECTRONIC COAIMUNICATION TOWERS re. issuance of zoning or use permits for use or
installation and imposing a moratorium until development of Countywide
regulations -
City Manager, Netter, reviewed his report regarding imposing a Moratorium on the
Issuance of Zoning Permits or Use Permits and/or the Use or Installation of Towers
to Support Cellular, Radio, Television or other Electronic communication or
Transmission devices. Mr. Netter stated that Rohnert Park would be joining
together with Petaluma and Sebastopol in imposing the moratorium. The
implementation of the ordinance would provide staff with approximately 45 days to
review the County's Ordinance and develop standards and criteria for such facilities.
Councilman Reilly asked how the implementation of this Ordinance would affect the
Planning Commission item scheduled on the agenda for Pac -Bell Mobile Services.
Planning Director, Skanchy advised the Council that the Ordinance did not affect
TV or short wave radio communications and only applied to transmission towers.
City Attorney, John Flitner, advised the Council for the record, that Mr. Stamos, a
Representative for Pacific Bell, called him and asked that his application be
considered as an exception to the moratorium.
PUBLIC HEARING: Mayor Flores opened the public hearing at approximately 8:30 p.m. There
being no one desiring to speak, the Mayor closed the public hearing.
Ordinance for adoption:
No. 613 IMPOSING A MORATORIUM ON THE ISSUANCE OF ZONING PERMITS
OR USE PERMITS AND /OR THE USE OR INSTALLATION OF TOWERS TO
SUPPORT CELLULAR, RADIO, TELEVISION OR OTHER ELECTRONIC
COMJMUNICATION OR TRANSMISSION DEVICES
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and unanimously
approved, reading of Ordinance No. 613 was waived and said ordinance was adopted.
PLANNING AND ZONING MATTERS.
File No. 1697-Zoning Ordinance Amendment re. compliance with Housing Element of 1995 General Plan.
Planning Director, Skanchy reviewed his staff report wherein recommendation was
made to the Planning Commission to adopt Resolution No. 96 -02 amending Title
17 - Zoning of the City of Rohnert Park's Municipal Code to allow high density
residential uses in all commercial districts and the limited industrial district as a
Conditional Use. Planning Director Skanchy stated the Planning Commission has
held all the public hearings and sent notices to property owners that would be
affected by the Zoning Ordinance Amendment.
Rohnert Park City Council Minutes ( 9 ) February 13, 1996
PUBLIC HEARING: Mayor Flores opened the public hearing at approximately 8:35 p.m. There
being no one desiring to speak, the Mayor closed the public hearing.
ORDINANCE FOR INTRODUCTION:
No.615 AMENDING THE ROHNERT PARK MUNICIPAL CODE BY PERMITTING
HIGH DENSITY RESIDENTIAL USES IN THE C -N (NEIGHBORHOOD
COMMERCIAL); CR (REGIONAL COMNIERCIAL);C -S (SPECIAL SERVICE
COMMERCIAL; C -G (GENERAL COMMERCIAL); C -REC (RECREATIONAL
COMMERCIAL); C -L LIMITED COMMERCIAL) AND M -L LIMITED
INDUSTRIAL) DISTRICTS AS A CONDITIONAL USE
Upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, and
unanimously approved, reading of Ordinance No. 615 was waived and said ordinance
was introduced.
File No. 1696 - Pacific Bell Mobile Services Architectural Review to install a 50 foot monopole
behind the existing Pacific Bell switching building. Subject property is located at
5210 Commerce Blvd. in the ML:PD District
Planning Director Skanchy reviewed his staff report and the Planning Commission's
approval of File No. 1696, Site Plan and Architectural Review for Pacific Bell Mobile
Service to locate a 50 ft. monopole and equipment cabinets at the rear of their
existing facilities on Commerce Blvd.
Lucas Stamos, Representative of Ruth & Going, 1630 Zanker Road, San Jose, was
recognized and stated his firm is representing Pacific Bell Mobile Services. Mr.
Stamos explained how the monopole functions as part of a grid system where the
signals shoot up on the horizon. Mr. Stamos stated he has been working with
Sonoma County regarding the wording of the county wide moratorium..
Councilwoman Gallagher asked if the approval of this item would effect the
moratorium they just approved.
Planning Director Skanchy stated it would not.
Upon motion by Vice -Mayor Eck, seconded by Councilwoman Gallagher, File
No. 1697 was unanimously approved.
PARKS AND RECREATION MATTER: Paint Ball Game Field proposal
City Manager, Netter, reviewed his staff report and concerns expressed by the
Department of Public Safety, Director of Recreation, Jim Pekkain as well as the
California Highway Patrol. Several recommendations were made by the CHP that
the participants not use orange or red paint and any paint on the CHP building be
removed by the City; that the game field be enclosed with netting; that the guns used
be of a bright color so not to be mistaken for real guns; and that stadium parking not
be impacted during use by the Crushers.
City Manager, Netter, asked Council for a conceptual plan to put together a lease for
the applicants.
Rohnert Park Citv Council Minutes ( 10 ) February 13, 1996
Councilman Reilly expressed concern for the other proposed uses of the site by
Sports Haus and the Raiders and if this wouldn't be a conflict for use of the site.
Councilman Reilly stated he recently seen a television show that indicated these guns
were not harmless devices and could cause injury and have, in fact, been used to
shoot people with.
Mayor Flores advised that the Sportshaus has until the end of this month to get in
their proposal and if it were to be accepted, the site could not accommodate both
uses.
Councilwoman Spiro stated she received several calls from residents who were
concerned about safety and cited several incidents of injuries received from this
sport. Councilwoman Spiro stated she is *not a gun enthusiast and did not want to
interfere with people's choice of sports, however, she was concerned with the city
sanctioning this type of event.
*CORRECTION ABOVE FROM 2/27/96 CITY COUNCIL MEETING: Per Councilwoman Spiro (addition underlined)
Vice -Mayor Eck stated the City sanctions golfing and golf balls can cause injury and
you can go to Q -Zar and shoot people with lazer guns.
Councilwoman Spiro stated you can't be injured with a lazer gun and advised the
Council *she- a citizen had spoken with a public safety officer who was injured by a
paint ball gun and a report received by our Public Safety Department of a car being
hit on U.S. 101.
*CORRECTION ABOVE FROM 2/27/96 CITY COUNCIL MEETING: Per Councilwoman Spiro (deletion lined out - addition underlined)
Vice -Mayor Eck stated if problems became evident. the City could rescind their
approval.
Councilwoman Gallagher stated she was in total opposition to this proposed use/
Councilman Reilly stated there is a shooting range in Cotati and the use of guns in
our society is a fact of life and stated his main concern is the use of the site and the
other proposals for it.
Mayor Flores stated he is not a hunter or gun enthusiast, but believes this is a
controlled environment and the participants wear protective gar. This use is on a
Conditional basis and we have a 30 day prerogative to stop the program if problems
were to arise.
Councilwoman Spiro stated this is city owned land and the city *WeUld could be sued
if anyone was injured.
*CORRECTION ABOVE FROM 2/27/96 CITY COUNCIL MEETING: Per Councilwoman Spiro (deletion lined out-addition underlined)
Upon motion by Vice -Mayor Eck, seconded by Councilman Reilly, to draft a
conceptual lease agreement with the inclusion of a 30 -day termination clause and
condition that immediate closure would take place for cause, was approved by the
following roll call vote:
AYES: (3) Councilmembers Eck, Reilly and Mayor Flores
NOES: (2) Councilmembers Gallagher and Spiro
Rohnert Park City Council Minutes ( 11 ) February 13, 1996
GENERAL PLAN ADVISORY COMMITTEE
City Manager, Netter, asked this item be continued until the March 12, 1996 City
Council meeting. Planning Director, Skanchy, advised the final report will be
presented by the Chairperson, Donna Oldford, on that date.
SONOMA COUNTY CRUSHERS -1996 SEASON
1. Staff report/update
2. Improvements planned for 1996
a) Seating additions to meet terms of lease
b) Other improvements
City Manager, Netter, reviewed his update on the Crushers Baseball 1996 Season
and stated he was happy to announce that the Crushers have contracted with
Rigging International to tear down and remove from the Oakland Coliseum
additional seating needed at the Rohnert Park Stadium. These additional seats will
increase the seating capacity to 4,400 seats including the 328 rental seats and city
owned bleachers, 400 seats. City Manager, Netter, also reviewed the need for
improvements in the speaker systems, extra electrical power for the concession
stands and baby changing stations in the ladies restroom and various other
improvements.
City Manager, Netter, stated Bob Fletcher, owner of the Crushers, would look to
doing other improvements required by the lease in future years as budgets permit.
Councilwoman Spiro felt that the drinking fountain should be a priority and a baby
changing station should also be installed in the Men's restroom.
Councilman Reilly disagreed with the trade off of several executive box seats for
the City doing improvements and stated Councilmembers should purchase seats
when necessary.
Mr. Robert B. Fletcher, President of the Sonoma County Crushers, was recognized
and stated he was excited to announce the addition of Mr. Dick Deats, who was
with the Giants for six years as a coach, and feels he will be a good role model.
Mr. Fletcher expressed enthusiasm for the many improvements being planned for
the stadium and the $1.00 discount for seniors and children under 12.
Vice -Mayor Eck asked if the fireworks program planned for July 6th would
adversely effect the adjoining dairy farmers.
Mr. Fletcher stated that the last time they had a fireworks show, they only received
one complaint from one dairy farmer.
Vice -Mayor Eck suggested they send a letter to them prior to the fireworks show.
Mayor Flores recommended the Crushers invite neighboring city Mayors to the
inaugural celebration.
Rohnert Park City Council Minutes ( 12 ) February 13, 1996
Mr. Fletcher stated he would be happy to host the mayors, however, he would like
our own Councilmembers to toss out the first pitch . He stated they are also
planning a sumo race between the mayors of various cities and over 20,000 tickets
have already been sold. Mr. Fletcher asked the city for assistance in installing the
restroom facilities to better enable them to save money renting port-a- potties.
City Manager, Netter, stated the City is looking into this request and will advise at
a later date if a joint program can be structured that makes sense for both parties.
PURCHASING ELECTRICITYAT WHOLESALE RATES for Rancho Feliz Mobile Home Park
City Manager, Netter, stated this item is being presented for conceptual approval to
be directed at a future City Council meeting.
Assistant City Manager, Leivo, reported that when the Rohnert Park Housing
Financing Authority purchased Rancho Feliz Mobile home Park, it purchased an
electricity distribution system. Currently the residents are paying 12 cents a
kilowatt hour and with the city becoming a wholesaler, the charge would be 5 cents
per kilowatt hour. With the difference in costs, the City could either pass the
savings to the residents or create a reserve fund for the maintenance and
improvements to the system. The electrical system is over 20 years old and is in
need in improvement and updating. Mr. Leivo advised if the Council wished to
proceed with the plan, they need to approve an agreement with Mr. Bill Lyons,
who will go into the mobile home park and evaluate the existing electrical system
and prepare an estimate for the improvements and the Council may also need to
retain David Ward, a Washington D.C. attorney, who will outline the steps required
to obtain an order from the Federal Energy Regulatory Commission allowing for
the wholesale power to be transmitted.
Discussion continued.
Upon motion by Vice -Mayor Eck, seconded by Councilman Reilly, Council agreed
to direct staff to proceed and prepare documents and agreements for Council's
review and consideration.
Mayor Flores gave permission to a member of the audience who wished to speak
on an item on the agenda.
Mr. Kent Griffiths, 106 Estrella Drive, was recognized and stated he works for
PG &E and also lives in the Rancho Feliz Mobile Home Park that was just
discussed, however, he really was present to support the paint ball park and stated
he and approximately 20 other people presently traveled to Mare Island and spent
an average of $100.00 each to play in this game and would rather spend their
money in Rohnert Park and stated that the game is no more dangerous than driving
your car to and from the park.
Rohnert Park City Council Minutes ( 13 ) February 13, 1996
SANTA ROSA SUBREGIONAL SEWERAGE SYSTEM
1. Amendment #4 -- City Manager, Netter, advised the Council Amendment #4 to the Agreement
was scheduled for its information at this time. Amendment #4 between the user
agencies of the Santa Rosa Subregional System would agree to (1) increase the
plant capacity from 18 mgd. to 22 mgd. and designate the appropriate allocation;
(2) transfer portions of South Park Sanitation District capacity to Santa Rosa as
Santa Rosa will eventually be annexing this are; and (3) loan Rohnert Park 1% of
Santa Rosa's capacity, in the interim, as Rohnert Park is getting close to capacity
and may need additional capacity for projects within its existing boundaries, until
the plant expansion is complete.
City Manager, Netter, advised that City Engineer, Ron Brust, will be providing the
Council with the annual sewer capacity numbers, hopefully, at the next meeting
of February 27, 1996. Staff recommends highly that the Council approve the
.808 mgd. capacity increase for Rohnert Park, as most of the increase is needed to
complete build out of the area of the existing city limits.
Discussion ensued from several Councilmembers and, because this was an
information item at this time, no action was taken.
2. Possible Toilet Replacement Program through the City of Santa Rosa -- City Manager, Netter,
reviewed the Toilet Replacement Program and stated it has been very successful in
Santa Rosa and would like to administer a similar program in Rohnert Park.
Vice -Mayor Eck asked to use only local plumbers for this program.
Mayor Flores asked City Manager, Netter, to prepare a proposal for Council
consideration.
Councilwoman Spiro asked that Mr. Brust include in his report how far we are off
in our sewer capacity. City Manager Netter indicated that information is part of the
annual report and calculation.
HOSPITAL/HEALTH CARE PROPOSALS
1. City land - Hospital site - update _
2. Preliminary discussion with Hospital Corporation of America
City Manager, Netter, reviewed a proposal for the hospital site land owned by the
City of Rohnert Park, at the corner of Snyder Lane and the Rohnert Park
Expressway East and indicated that HCA has indicated they would be interested in
land along the U.S. 101 Corridor. City Manager, Netter, introduced Bob
Niklewicz, a Representative of the Rohnert Park Wellness Campus Program, who
updated the City council in more detail.
Mr. Niklewicz, stated his group has started a feasibility study and they are also
interested in a nursing facility. He indicated they have met with representatives from
Santa Rosa Memorial, Petaluma Valley, and Kaiser hospitals, but have not met with
representatives of Hospital Corporation of America (HCA). He stated they have
contracted a new architect who is working on plans for a proposed hospital site.
Rohnert Park City Council Minutes ( 14 ) February 13, 1996
Councilwoman Spiro stated she has referred three health care providers to him. She
also stated that she met with HCA as well as Vice -Mayor Eck and expressed concern
of being in violation of the Brown Act and wanted this information to be public.
Vice -Mayor Eck stated he had no idea there was a possible violation of the Brown Act
and he attended a luncheon where he suggested a representative of their organization
be here tonight and he is not a member of the Health Care Committee and did not see
this as a conflict.
Councilwoman Spiro asked that this issue be placed on the agenda before the meeting
with HCA so it doesn't appear as though the Council was violating the Brown Act.
Mayor Flores referred the matters to Councilwomen Spiro and Gallagher.
Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, it was agreed
that the hospital site Committee include discussion on all hospital proposals, no matter
what site is considered.
CALIFORNIA CONSTITUTION REVISION COMMISSION recommendations (cont'd from 119196)
City Manager, Netter, advised this item was continued from the January 9, 1996 City
Council meeting and discussion would resume on page 4, State Budget and Fiscal Systems.
Vice -Mayor Eck suggested, for those items not previously reported, that the City use
the recommendations made by the City of Cloverdale, as he had reviewed this
document and felt it was reasonable.
Upon motion by Vice -Mayor Eck, seconded by Councilwoman Gallagher, for staff to
finalize the report with recommendations from the City of Cloverdale on those items
not previously reported, was approved by the following vote:
AYES: (4) Councilmembers Eck, Gallagher, Reilly and Mayor Flores
NOES: (1) Councilmember Spiro
UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores 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.
1. Steve Gossage, 6065 Diane Court, Rohnert Park, a Maintenance and Fire Services employee of the
City was recognized and referenced a letter received by the City Council that was
anonymous regarding fire services. Mr. Gossage is a City employee and was present to
state he did not generate the letter in question and had no idea who did and had no
knowledge of the document. He stated he was questioned by Director of Public
Safety, Pat Rooney, and advised him he was not the originator of this document. Mr.
Gossage wished to make an appeal to whom ever the author is that they come forward.
Rohnert Park City Council Minutes ( 15 ) February 13, 1996
Councilman Reilly stated he was confused as to why city staff was concerned as to who
the author was in the first place and why an investigation is being conducted. He stated
the letter was distributed to members of the Council because certain items discussed
therein were considered to be of importance and valid ideas.
City Manager, Netter, stated he was unaware of any questioning of employees,
including Mr. Gossage, regarding the authoring of this letter. He said he would inform
Public Safety to drop the issue.
Mr. Gossage stated that was true and he has been falsely accused of being the
originator and he has to work with these people and stated he just wanted to come
before the Council and say he had nothing to do with it and doesn't know where or
who it came from.
2. Mrs. Moire, a resident of Las Casitas Mobile Home Park, expressed her concern regarding
conditions at her mobile home park and stated they have very good attendance at their
Neighborhood Watch Programs but repairs need to be made to the roads and common
areas in the park and asked if the City has forgotten about them and are just
concentrating on the mobile home parks they have bought.
Mayor Flores acknowledged a Speaker Card received from Mr. Mike Sinatra, 5739 Dorian Drive,
who wished to speak on the Paint Ball Park, but had apparently left the meeting.
3. Mr. John Hudson, 399 Bonnie Avenue, Rohnert Park, was recognized and asked when the sewer
capacity item was on the agenda authorizing Mayor Flores to go to Santa Rosa and ask
for additional sewer capacity.
Mayor Flores advised Mr. Hudson that this item had been discussed at several different
times in previous meetings during the General Plan review and numerous times with the
Planning Commission. He also advised Mr. Hudson that he did not ask the City of
Santa Rosa to increase the capacity and did not attend the meeting of the Board of
Public Utilities (BPU) in Santa Rosa as he alleged.
Vice -Mayor Eck stated that members of the Council do a lot of things are their own
and then bring it to the Council's attention and he will defend that right to the end and
advised Mr. Hudson that no one restricts him coming to the City Council meeting and
standing up here to say whatever he wants.
Mr. Hudson argued that someone on their own initiative and without any policy
decision went to Santa Rosa and asked for increased sewer capacity.
*CORRECTION BELOW FROM 2/27/96 CITY COUNCIL MEETING: Per Mayor Flores (deletion lined out - addition underlined)
Mayor *Eck Flores then provided a letter, signed by Former Mayor Dave Eck. He
shared contents of the letter, dated April 1995, indicating that the City of Rohnert Park
had notified Santa Rosa of its intent, with conditions, to purchase the additional .808
mgd.at the appropriate time. This refutes all the statements made by Mr. John Hudson.
Rohnert Park City Council Minutes ( 16 ) February 13, 1996
Councilman Reilly asked if anyone from staff went to Santa Rosa.
City Manager, Netter, stated that staff has been working with Santa Rosa being himself
and City Engineer, Ron Brust, who met with Miles Ferris. No City staff attended the
BPU meeting in Santa Rosa.
Mr. Hudson stated that according to reports published in the Press Democrat, members
of Rohnert Park City Hall went to Santa Rosa and met with the Board of Public
Utilities. Mr. Hudson asked Carol Benfell, Reporter for the Press Democrat, who was
present in the audience, to relate what the article stated.
Ms. Carol Benfell, responded from the audience and stated the article was written by Mike McCoy
and she was not familiar with the exact wording of the article.
Vice -Mayor Eck asked that if in the future this item is going to be on the agenda that
Mr. Hudson be informed.
Mr. Hudson stated that the majority of Rohnert Park residents, 67% according to the
last survey, do not want more growth and want a lid put on it. Mr. Hudson exhibited a
copy of the last survey which he stated is now so old it is yellow and an updated survey
needs to be conducted. Mr. Hudson stated that the General Plan Advisory Committee
is going to come out with a final report when they haven't conducted a citizen survey
or made any attempt to solicit pubic opinion. The residents of Rohnert Park do not
want the City to exceed 40,000 in population or annex any more land.
Mayor Flores advised Mr. Hudson that he appears at the Council meetings and makes
statements that are, at best, half truths. Mayor Flores stated he is in possession of a
letter from Mr. Ron Militello on the Park Estates issue that refutes all of Mr. Hudson's
latest accusations.
Mr. Hudson argued that the Council is wasting his time and stormed out of the Council
Chambers.
EXTEND COUNCIL MEETING: Councilwoman Gallagher made the motion to continue to meeting
after the scheduled 10 p.m. deadline, motion seconded by Vice -Mayor Eck, and
approved with Councilwoman Spiro in opposition.
COUNCIL COMMITTEE REPORTS.
1. Oakland Raiders Football Team training camp (Eck/Flores) - Vice -Mayor Eck reviewed items
discussed at the meeting of January 30, 1996 with City Manager, Netter and members
of the Raiders Committee. At that meeting 4 options were reviewed as follows:
Option #l, develop a 10 acre site behind the Press Democrat building; Option #2, use
of existing facilities at Sonoma State University; Option #3, develop City owned
property south and east of the Rohnert Park Stadium; Option #4, use of the north field
behind the No. 1 green of Mountain Shadows North Course (Peron property).
Mayor Flores stated they have not made a decision yet as to which option to pursue
and would like to work on a temporary solution for the next year during which time
we can continue to review the options and work with the Raiders.
Rohnert Park Citv Council Minutes ( 17 ) February 13, 1996
Vice -Mayor Eck stated that Option #1 could be accomplished with private enterprises
and asked for Council approval to proceed working with this option further.
Councilwoman Spiro stated she was in favor of Options #1 and #2.
Councilman Reilly stated that option #1 is possible but #2 would be tee eestly to-4he
City did not think option #2 would be viable and #3 would not be bad if the money
came back to the City and Option #4 did not seem feasible at all.
*CORRECTION ABOVE FROM 2/27/96 CITY COUNCIL MEETING: Per Councilman Reilly (deletion lined out - addition underlined)
Vice -Mayor Eck stated the costs could be worked out for Option #2..
Mayor Flores stated they would continue reviewing the options.
2. Rancho Adobe Fire Protection District reps (Flores /Gallagher) - Assistant City Manager, Leivo
stated that the City of Rohnert Park is looking at four different issues of working
together with the City of Cotati relating to sharing of fire services and ambulance
service and equipment. Mr. Leivo stated he will have a report prepared for the next
City Council meeting of February 27, 1996.
SONONIA COUNTY OFFICE OF EDUCATION re proposed relocation of Community School
and inquiry about availability of used portable classrooms -City Manager, Netter,
advised the Council that the City is trying to find a suitable site for the Community
School and there are no portable classrooms available. The Sonoma County Office of
Education has advised they would consider leasing city owned property if necessary.
Presently we are looking at a site across from the animal shelter and combining their
facility with Mr. T's Academy,
City Manager, Netter, advised that a representative of Mr. T's Academy is putting a.
site plan together with Mr. Golis and the city wishes them success. City Manager,
Netter, stated that until City Attorney, Flitner, gives us a very significant opinion that
we have a right to the land, at that time the Council can go ahead with some sort of
direction as to how to proceed.
Councilwoman
Gallagher leaves - Councilwoman Gallagher stated it was necessary for her to leave as she had a family
obligation to attend to, and left the meeting at approximately 10:25 p.m.
DUE TO THE LATENESS OF THE HOUR, CERTAIN ITEMS LISTED ON THE AGENDA
WERE DEFERRED AS SIGNIFIED HEREIN
SHOPPING CART PROGRAM re.
Six Month Update on Implementation of Ordinance -This item was deferred
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.
Rohnert Park City Council Minutes ( 18 ) February 13, 1996
GOLF COURSE COMMITTEE MEETING: City Manager, Netter, advised that a date needed to be
set for a Golf Course Meeting. Councilwoman Spiro stated that Thursday night would
not work for her. A date was not set at this time due to conflicts for timing of the
meeting.
EXTENDED MEETING: Councilwoman Spiro stated she didn't understand how the individual who
made the motion to continue the meeting, then has the right to leave. Councilman
Reilly asked if the meeting could continue indefinitely as long as the vote was taken at
10 p.m. to continue the meeting. Discussion ensued about when to end the meeting.
MATTERS FROM/FOR COUNCIL:
1. Sonoma County Paratransit Coordinating Committee (PCC) - Appointing a representative to fill
vacancy left by Michael McMurtrey (term expires 6/97) -- This item was deferred.
CITYAMNAGER'S REPORT.•
1. Sonoma Racquet Club property line /Golf Course fence location (re. proposed bike path) --
This item was deferred.
2. Cablecast replay of City Council meetings -- City Council signified it did not want to change
viewing times at this time.
3. Report on REMIF annual meeting, January 1996 -- This item was deferred.
4. LAFCO - Special District Membership update- Candidates'Night, March 21, 1996 -- Information item.
S. Spreckels Performing Arts Center on the Internet WWW -- Information item.
CITYATTORNEY'S REPORT.•
Rent Appeals Board appointments -- City Attorney, Flitner, stated he reviewed a conflict of interest
issue for Ms. Jenny Huff who serves on the Rent Appeals Board. After reviewing the
information, he concluded there is no conflict of interest.
2. Valley Village vs. City of Rohnert Park (re. M. Kolm matter) -- City Attorney, Flitner, advised the
City was served with a petition requesting the court to review the Rent Appeals Board
decision supporting Mr. Kolm regarding the withholding of AGA of the park's failure
to comply with state and local law. The City has responded accordingly.
3. Park Estate Subdivision & payment of fees for drainage channel -- City Attorney, Flitner, stated
that Mr. John Hudson indicated that the payment of fees for the Wilfred drainage
channel had been used in some way to benefit the City Manager. Mr. Flitner stated that
the fees were paid entirely by the developer. At the time, Pete Callinan was the City
Manager, and the County Water Agency has designated improvements on this channel
even before Park Estates subdivision was considered. As a condition of development,
Park Estates had to improve the channel. Mr. Flitner stated he is in possession of the
documents to prove there was no wrong.
Rohnert Park City Council Minutes ( 19 ) February 13, 1996
ADDITIONAL MISC. ITEMS:
Founder's Day Committee request -- Vice -Mayor Eck stated he had a request form the Founder's
Day Committee to move their functions to the Community Center including the use of
the Performing Arts Center and the Sports Center as it was becoming necessary for the
additional space due to the increased popularity and attendance to the annual
celebration. Vice -Mayor Eck stated he was in support of the request.
Mayor Flores agreed.
Councilwoman Spiro stated she would be agreeable to trying it for one year and see
how it goes.
City Manager, Netter, stated he brought the issue up at the staff meeting and there was
concern regarding electrical power for the booths and some logistical problems, but
they would be reviewing the request further.
2. Polly Klass Foundation meeting -- Councilman Reilly stated he attended the Polly Klass Foundation
meeting and reviewed a CD Rom that is available at a cost of $1,200 which shows
pictures of missing children and could be displayed in the foyer at Public Safety or City
Hall making it available to the citizens of Rohnert Park to view and Rohnert Park
would be one of the first cities in the nation to implement this program.
Councilwoman Spiro stated the most recent successful Child I.D. System sign -ups held
by the Department of Public Safety and DMV is not the same as the child ID program
that was done at Wal -Mart, and felt it would be a benefit to the community to hold
additional sign -ups, but indicated it is a different program..
UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores asked if there were any additional
unscheduled public appearances at this time. No one responded.
ADJOURNMENT. • Mayor Flores adjourned the meeting at approximately 10:40 p.m.
Al
Recording Secretary
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Mayor