1996/02/27 City Council MinutesRohnert Park City Council Minutes
February 27, 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 6:29 p.m.
and led the pledge of allegiance.
ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Flores
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter, City Attorney
Flitner, Assistant City Manager Leivo and Director of Public Safety Rooney.
CLOSED SESSION REPORT. • Mayor Flores advised that a closed session commenced this evening
at 6:00 to discuss litigation matters and real estate negotiations as listed on the
agenda attachment. This included continued discussion of the possible litigation
with regard to Rancho Feliz (Clayton, Williams, Sherwood) issues on the mobile
home park purchase. Under real estate negotiations, an offer was submitted for the
purchase of Las Casitas Mobile Home Park with resulting counter offer for
Council's consideration and, at this point, there is no progress to report.
APPROVAL OFMINUTES: Corrections to the February 13th minutes were signified as follows:
Councilwoman Spiro referenced 3rd paragraph on page 10, to add the word not to
clarify her statement that she is not a gun enthusiast; in the 5th paragraph on page
10, clarify that Ms. Spiro did not speak with the referenced Public Safety Officer,
but that a citizen had signified doing so; and in the 2nd to the last paragraph on
page 10, correct the word "would" to "could" to read "the city could be sued if
anyone was injured ". -- Mayor Flores referenced the final paragraph on page 15,
for correction to read "Mayor Flores ", not "Mayor Eck ". -- Councilman Reilly
referenced 3rd paragraph on page 17, regarding the options discussed for the
Raiders' training camp, that he did not think option 92 would be too costly, but just
did not think it would be viable.
Upon Council concurrence, with above - reviewed corrections, the minutes of
February 13, 1996 were unanimously approved as amended.
APPROVAL OF BILLS: City Manager Netter responded to Council questions related to the bills
presented for approval.
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, City bills
presented per the attached list in the amount of $816,458.94 were unanimously
approved.
Rohnert Park City Council Minutes ( 2 ) February 27, 1996
NON- AGENDAED MATTERS. Mayor Flores asked if Councilmembers or staff had any non -
agendaed items to add to the agenda. Miscellaneous items were signified as
follows: Vice Mayor Eck, one under Council Committee reports; Councilman
Reilly, one under Matters from Council; Councilwoman Spiro, one under
Communications; and Mayor Flores, one under Matters from Council.
SCHEDULED PUBLIC APPEARANCE. Mr. Phil Grosse, representing the Polly Klaas Foundation,
with the aid of a slide presentation, explained the new CD Video Child ID Flyer
System currently being used by the Polly Klaas Foundation. -- Council discussion
included appreciation for the presentation; Councilman Reilly's suggestion that the
City Hall foyer might be a good location for a demonstration display; and
Councilwoman Spiro's suggestion that some of the pictures of the missing children
on the video might also be shown during appropriate intervals of Council meeting
broadcasts. -- Council referred this item to staff to further review possibilities of
incorporating this system into existing efforts. City Manager Netter confirmed the
Department of Public Safety has been checking into this program. -- Mayor Flores
advised he attended the Mayors' and Councilmembers' Association meeting last
month where attention was brought to the countywide effort to continue the DMV
Child ID program.
CONSENT CALENDAR
Mayor Flores asked if Councilmembers had any questions regarding the matters on
the Consent Calendar which were explained in the City Manager's Council Meeting
Memo. -- City Manager Netter further clarified the standard procedure for
rejecting the flood damage claims represented by Resolution Nos. 96 -29 to 96 -33,
which is the process for referring the claims to the City's insurance carrier for
appropriate handling. He advised separate letters explaining this process are being
sent to the claimants accordingly.
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
Resolution Nos:
96 -22 DESIGNATING, AUTHORIZING, AND APPROVING INSTALLATION OF
STOP SIGN (at northwesterly end of Emily Avenue)
96 -23 ADOPTING INVESTMENT POLICY FOR IDLE FUNDS
96 -24 AWARD THE CONTRACT FOR THE PURCHASE OF A BACKHOE FOR THE
CITY OF ROHNERT PARK'S WATER OPERATION
96 -25 AWARD OF CONTRACT, ROHNERT PARK EXPRESSWAY WIDENING,
REDWOOD DRIVE TO SOUTHBOUND RAMPS, PROJECT NO. 1994 -6
Rohnert Park City Council Minutes ( 3 ) February 27, 1996
96 -26 APPROVING AN AGREEMENT WITH SONOMA COUNTY AGRICULTURAL
PRESERVATION AND OPEN SPACE DISTRICT FOR THE FINANCING OF
APPRAISAL SERVICES
96 -27 REJECTING CLAIM OF LAKEISHA NICHOLS (re. alleged tire damage at overlay
construction site)
96 -28 REJECTING CLAIM OF OKCHU CRONIN C/O LAW OFFICES OF PERRY D.
LITCHFIELD (re. Public Safety search)
96 -29 REJECTING CLAIM OF F. R. AND BARBARA DAULTON (re. flood damage)
96 -30 REJECTING CLAIM OF TEENA AND GREG NELSON (re. flood damage)
96 -31 REJECTING CLAIM OF TIBOR BOLFAN (re. flood damage)
96 -32 REJECTING CLAIM OF DOUG AMUNDSEN (re. flood damage)
96 -33 REJECTING CLAIM OF JOHN C. AND JOYCE A. SHEEHAN (re. flood damage)
Ordinances for Adoption:
No. 614 AMENDING TITLE 10 OF THE ROHNERT PARK MUNICIPAL CODE -
VEHICLES & TRAFFIC (DESIGNATING TRAFFIC SPEED LIMIT ON LABATH
AVE.)
No. 615 AMENDING THE ROHNERT PARK MUNICIPAL CODE BY PERMITTING
HIGH DENSITY RESIDENTIAL USES IN THE C -N (NEIGHBORHOOD
COMMERCIAL); CR (REGIONAL COMMERCIAL); 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 (PLANNING /ZONING
FILE NO. 1697)
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, the Consent
Calendar as outlined on the meeting's agenda, was unanimously approved.
PARKS AND RECREATION MATTER re Paint Ball Game Field proposal -- City Manager Netter
explained the staff report for this item, as reviewed in the Council Meeting Memo,
and responded to Council questions. According to previous Council directive, a
public hearing was duly noticed and scheduled at this time. The City Attorney is in
the process of reviewing the draft lease agreement for this proposal. If Council
desires to give further consideration to the proposal, following the public hearing,
staff would proceed with preparing the final lease for presentation to Council for
formal approval at a later meeting.
Rohnert Park City Council Minutes ( 4 ) February 27, 1996
PUBLIC HEARING: Mayor Flores opened the public hearing at approximately 6:52 p.m.
Vice Mayor
Eck leaves
Public comments on the Paint Ball Game Field proposal were submitted on speaker
cards or other written and /or verbal communications expressing support or opposition
as follows:
1. Mike Sinatra, 5739 Dorian Dr., proposer SUPPORT
Mr. Sinatra responded to Council questions and
submitted two letters for the record as follows:
(1) City of Vallejo, David J. Lindquist, Risk Manager SUPPORT
advising Vallejo has had no claims or lawsuits filed
against the City related to Paint Ball Games operated
by Mr. Sinatra on city -owned property since April 1990;
(2) Dean Becker, 34 Francis Circle, Rohnert Park SUPPORT
2.
Karen Winfield, 1332 Gillpepper Lane
SUPPORT
(speaking for herself, husband & stepson)
3.
Skip Robinson, 1495 Parkway
OPPOSE
4.
John Iacono, 1024 2nd St., Novato
SUPPORT
5.
Dan Ramos of Santa Rosa, and his son, Cameron
SUPPORT
6.
Ernie Sang, 936 Edith Ct.
SUPPORT
7.
Robyn Noll, 656 Simpson St., Santa Rosa
SUPPORT
& daughter, Holly, (& for her husband who was absent)
S.
Dan A. Rosa, Santa Rosa (friend/bus.affiliate of above)
SUPPORT
9.
James Inskeep, 1916 Calavaras Dr., Santa Rosa
SUPPORT
10.
Jim Sheldon, 3099 Neueuschwander Rd.
SUPPORT
Vice Mayor Eck left the Council chamber at approximately 7:25 p.m.
11. Ian Carr, 13 Greenleaf Ln., Cotati
12. Darin Cravea, 950 Randolph St., Napa
SUPPORT
SUPPORT
Vice Mayor
Eck returns Vice Mayor Eck returned to the Council chamber at approximately 7:29 p.m.
13. Eric Crandall, 5093 Paradise Dr.
14. Wendy Carr, 13 Greenleaf Ln.
SUPPORT
SUPPORT
There being no one further desiring to speak, Mayor Flores closed the public
hearing at approximately 7:32 p.m.
Council reviewed reasons for retaining the 3 -2 vote signified at the previous
Council meeting for the Paint Ball Game Field proposal with support expressed
by Councilmen Eck, Reilly and Mayor Flores, and opposition expressed by
Councilwomen Gallagher and Spiro. Mayor Flores advised the lease for this
proposal will be scheduled for consideration on a Council agenda in March,
following City Attorney Flitner's review, as previously signified.
Rohnert Park City Council Minutes ( 5 ) February 27, 1996
BUILDING CONSTRUCTION ISSUES: City Manager Netter referenced the reports provided to
Council for this item, with explanation in the Council Meeting Memo, as follows:
1. Morton Phillips Inspection Final Report -- This report on home inspections includes
a cover letter, Methodology for Home Inspection Reports and Scope of Services,
as well as the completed inspection reports on thirty -five homes.
2. Building Official's Final Report -- This report represents the Director of Public
Works /City Engineer/Building Official's review and inspection of those homes
necessary for a determination by the Building Official. It is also presented to
Council as the official Building Official's comments regarding the homes on the
inspection list, which is provided to Council for its review, and is the Building
Official's formal and complete response regarding the homes in question.
Discussion included Council's review and observations of the reports. Reference
was also made to letter from District Attorney J. Michael Mullins dated February
15, 1996, responding to this issue with confirmation that section 818.6 of the
Government Code provides complete immunity to a public agency with respect to
building inspections. Reference was also made to previous comments by
individuals from the State Contractors' Licensing Board confirming same.
Mayor Flores referenced the 54 -page document provided for Council's review. He
further explained the intent of the Council in having the report done by a non-
partisan building inspector /engineer, with results signifying that 29 of the homes
inspected had no code violations; 18 had cosmetic needs; and the other 6 were
minor defects caused by builders or homeowners. It is agreed these items still need
to be mitigated but, in essence, the report clarifies that previous concerns expressed
about the possibility of code violations is not substantial.
Closing Council directive was clarified by the Mayor that the City Manager would
make available to residents, at no cost and upon request, the above - reviewed report
which represents results of efforts from the impartial party (Morton/Phillips
Inc. /Professional Engineers/Building Code Consultants) hired by the City for the
purpose of this issue. City Manager Netter responded to related Council questions
including confirmation of the necessary follow -up efforts to ensure above - signified
mitigation needs.
Cindy Walsh, 4409 Glacier Ct., expressed continued construction concerns related to her home.
Discussion included Council providing Ms. Walsh with a copy of the summary and
final report on home inspections from Morton/Phillips Inc. It was signified that the
cripple wall reviewed herein by Ms. Walsh would be included in the follow -up
mitigating process.
RECESS Mayor Flores declared a recess at approximately 8:10 p.m.
RECONVENE Mayor Flores reconvened the Council meeting at approximately 8:16 p.m. with all
Councilmembers present.
Rohnert Park City Council Minutes ( 6 ) February 27, 1996
FLOODING IN "F" c& "G" SECTIONS - UPDATE -- City Manager Netter explained this item, as
reviewed in the Council Meeting Memo, regarding results of the recent meeting
with "F" Section residents held on February 20th; results of meetings with Sonoma
County Water Agency along with reference to staff report dated February 8, 1996
from Director of Public Works /City Engineer Brust; and staff report revisiting costs
of cleaning "G" Section storm pipes. City Manager also referred to fax transmittal
letter distributed to Council which was received earlier today from John Grubb, the
designated "F" Section resident contact for this matter.
Discussion included City Manager Netter responding to Council questions
explaining comparatives of annual dredging efforts versus the County Water
Agency's plans toward the major project of widening the Laguna which, most likely
will not commence until 1997 due to the lengthy permitting process through the
Corp of Engineers. City Manager Netter advised City staff is working with the
Sonoma County Water Agency and meeting with representatives of the Corp of
Engineers to attempt to expedite this project as quickly as possible. Council
concurred a letter should be written over the Mayor's signature to the Sonoma
County Water Agency requesting confirmation of the designated dredging plan
prior to the proposed widening of the Laguna.
EMERGENCY ITEM. • Funding reimbursement of Cook Creek conduit maintenance via
agreement with Sonoma County Water Agency -- City Manager Netter
explained the need for declaring an emergency item for approving the referenced
agreement for 50% reimbursement from the Water Agency. The agreement was
not available prior to posting the agenda for this Council meeting. City Manager
Netter responded to related Council questions including it is hoped that the City
may be able to obtain the other half of this cost from FEMA.
Upon motion by Councilwoman Gallagher, seconded by Vice Mayor Eck, to
declare the above an emergency item, was unanimously approved.
Resolution No.
96 -34 APPROVING AN AGREEMENT WITH SONOMA COUNTY WATER
AGENCY FOR REIMBURSEMENT OF FUNDING OF COOK CREED
CONDUIT MAINTENANCE
Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and
unanimously approved, with inclusion of signifying that this agreement is
specifically related to cleaning of the pipes, reading of Resolution No. 96 -34 was
waived and said resolution was adopted.
Further discussion of flooding concerns included Council agreement that the above -
directed letter to the Sonoma County Water Agency should also include asking
about possibilities related to dredging efforts resulting in standing water that could
create mosquito problems. Other concerns to be given further consideration
included the need for a solution to emergency vehicle access in "F" Section; staff to
schedule a progress report in the spring; residents should consider staking down
decorative railroad ties; and everyone should help pitch in to pick up extra garbage.
Rohnert Park City Council Minutes (7) February 27, 1996
Ann George, 168 Fescue, representing John Grubb on behalf of the citizens of "F" Section regarding
flooding concerns, shared contents of above - referenced letter of recommendations
faxed to the City Manager earlier today, with attachment from Bob Weil, Civil
Engineer, pertaining to City response to flooding and maintenance efforts and
request for more permanent solutions.
SONOMA COUNTY GRAND JURY -1995 REPORT
Review of City's Consolidated Draft Response -- City Manager Netter referenced
this draft provided to Council from the Councilmembers and key staff personnel,
which is to be used as a working document for the Council to review and make
changes where it deems appropriate. Upon completion of the final draft, staff
recommends it be signed by all designated individuals and forwarded to the
presiding judge of the Sonoma County Grand Jury. The time frame for the
Council to provide this response is sixty days from (mid- January) submittal of the
1995 Grand Jury Report. City Manager Netter and City Attorney Flitner
responded to Council questions related to this item.
Discussion included Council concurrence as follows:
*referring to page 2 of the Consolidated Response, item #7, regarding
condominium inspections for fire walls, that a more comprehensive Council
response would follow if more adequate information were provided specifying
names and locations;
*referring to first paragraph of cover letter to Judge Waters, change second
sentence referencing "used for political purposes ", to "we take offense to the
headline of the article `Is Rohnert Park Burning ? "' in order to have it deal directly
with Council being upset with the headline.
Phil Trowbridge of Condiotti Enterprises, requested that the various response letters from Condiotti
Enterprises related to this item be submitted with Council's response to the Grand
Jury. Mr. Trowbridge reviewed related factors explained in the response letters
from Condiotti Enterprises. Mr. Trowbridge also responded to Council question
regarding construction concerns expressed earlier during this meeting by Cindy
Walsh, that plans prepared by their engineers have been submitted to the City
focusing on the repairs, because of the necessary permits needed to make the
repairs. At this time, Mrs. Walsh has indicated she is not ready to proceed with
the repairs. As soon as there is a meeting of the minds with Mrs. Walsh, the repairs
can be made.
Council concurred to remaining directives for this item as follows:
•submit entire package attached to cover letter to Judge Waters which includes
numerous attachments to response from Director of Public Works /City Engineer/
Building Official Brust. These attachments included above - referenced response
letters from Condiotti Enterprises. Also, referencing bottom of page 3 of response
from Mr. Brust, a typographical correction was signified for the spelling of
Rohnert Park; and
•prepare two letters separating the complaints Council has with the process from
the letter responding to the items listed in the 1995 Grand Jury Report.
Rohnert Park Cite Council Minutes ( 8 ) February 27, 1996
CITY OF ROHNERT PARK STATE TRANSPORTATION PARTNERSHIP PROGRAM ( SLTPP)
City Manager Netter referenced the Management Letter for this item, with the City's
response, and the Independent Auditor's Report by Macias & Company for the
fiscal year ending June 30, 1995, as reviewed in the Council Meeting Memo. The
SLTPP was established by the State of California to participate with local
governments for the distribution of funds to be used for transportation
improvements.
Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, and unanimously
approved, the above - reviewed SLTPP reports were accepted.
Councilman Reilly
leaves /returns Councilman Reilly left the Council chamber during review of the next agenda item at
approximately 9:25 p.m. and returned at approximately 9:27 p.m.
FOUNDERS' DAY ASSOCIATION request to move annual event to Community Center - City
Manager Netter explained the factors involved for this request, as reviewed in the
Council Meeting Memo, for the annual Founder's Day Event scheduled this year
from September 21 -22, 1996. Mr. Netter advised he has discussed this proposal
with both the City's Recreation Director and the Performing Arts Center Director
and there seems to be no conflict with current uses during the designated weekend
with the exception of parking for church services. The biggest issue needing
consideration for this proposal would be the allocation of funds for necessary
electrical provisions. City Manager recommended staff to meet with the Council
Committee and Founders' Day representatives for further review of possibilities.
Discussion concluded upon motion by Vice Mayor Eck, seconded by
Councilwoman Gallagher, for staff to work with the Founders' Day Committee to
proceed with further consideration of this proposal, was unanimously approved.
SANTA ROSA SUBREGIONAL SEWERAGE SYSTEM.•
1. Staff report re. Rohnert Park Sewer Capacity - City Manager Netter explained the reports provided
to Council for the City's sewer capacity and needs, as reviewed in the Council
Meeting Memo. Staff recommends accepting the .808 mgd. offered from the
expansion of the Santa Rosa Subregional Plant because of the close figures, as
signified in the staff report, to allow for some sewer capacity for buildout of the
City and a very small amount for expansion of the City over the next 20 years.
Council inquired about the loan of the sewer capacity with comparisons to current
or future rates, and concluded in signifying interest in the additional capacity at the
current capital rate. Council expressed agreement for staff to relay concerns
expressed herein. City Manager Netter further explained the complexity of factors
related to this item, referred to a previous letter on file with Santa Rosa indicating
Rohnert Park City Council Minutes ( 9 ) February 27, 1996
Rohnert Park's interest in the .808 mgd. with certain stipulations signified, and that
the agreement will probably be presented for Council's consideration in three to
four weeks. City Manager referenced in the report, on page 2, the City's
committed projects including the Honey Brook Subdivision off Snyder Lane (17
single family units) and the Lyon Homes project, Hewlett - Packard area, (277 single
family units) and the Hewlett - Packard warehouse building. This amounts to a need
of .0586 mgd. with only a .022 mgd. available, signifying a good portion of the
.808 mgd. would be for these projects. City Manager Netter emphasized the
importance of the offered loan, as well as the approval of purchase of the .808 mgd.
for the existing city limits buildout. He indicated the projects mentioned above
were committed and requested Council approval to allow for continuance of
projects. Council concurred.
2. Technical Advisory Committee (TAC) 2/14/96 meeting results -- City Manager Netter advised this
item was provided to Council for informational purposes.
Councilwoman
Gallagher leaves Councilwoman Gallagher left the Council chamber at approximately 10:00 p.m.
advising that domestic responsibilities would not permit her to stay any later.
A motion was made by Councilman Reilly, seconded by Mayor Flores, to extend
the Council meeting beyond the 10:00 p.m. adjournment time in order to finish
scheduled agenda items. With Councilwoman Spiro dissenting, said motion failed
due to lack of a four /fifths vote.
Council concurred to defer the remaining agenda items to 6:00 p.m., Tuesday,
March 5, 1996. Mayor Flores advised this would include unscheduled public
appearances, as well as, further consideration of the four /fifths vote requirement for
extending Council meetings.
ADJOURNMENT. Mayor Flores adjourned the meeting at approximately 10:00 p.m. to 6:00 p.m.
Tuesday, March 5, 1996 for above - signified agenda items.
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