1996/03/26 City Council MinutesRohnert Park City Council Minutes
March 26, 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 6:15 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 Planning Director Skanchy.
CLOSED SESSION. • Mayor Flores reported on the closed session which commenced this evening at
6:00 to discuss the following matters listed on the agenda attachment.
Litigation matters: (1) Rancho Feliz -- There are some minor details that need to be
worked out. The City received a settlement offer which needed to be discussed by
Council. The City is awaiting response from Rancho Feliz. (2) Hillsboro -- City
Attorney Flitner has contacted Judge Smith and is awaiting a response from that issue.
Real estate negotiations: (1) Las Casitas Mobile Home Park -- On the previous offer
proposal, the owners of the park have decided to terminate negotiations at this time.
(2) Valley Village Mobile Home Park -- There has been no response received to date
on the previous offer by the City for the purchase of this mobile home park.
APPROVAL OF MINUTES: Corrections were signified for March 12 minutes as follows:
*Referencing page 5, item IV, Councilwomen Gallagher and Spiro agreed the
recommendation should be changed from Councilwoman Spiro to Councilwoman
Gallagher for two priorities from each Councilmember on Subregional Issues/Policies.
*Referencing page 3, last paragraph, Councilwoman Spiro clarified comments made by
Mr. Kitchen that the concern was for displaying campaign signs by the City vehicles,
not using City vehicles for the signs.
Upon motion by Councilwoman Gallagher, seconded by Vice Mayor Eck, minutes of
March 5, 1996 as submitted, and March 12, 1996 minutes as amended above, were
unanimously approved.
APPROVAL OF BILLS: Upon motion by Councilwoman Spiro, seconded by Vice Mayor Eck, City
bills presented per the attached list in the amount of $1,116,830.01 were unanimously
approved.
Rohnert Park Cite Council Minutes ( 2 ) March 26, 1996
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.
Councilwoman Spiro requested items pulled from the Consent Calendar for further
discussion as follows: Resolution Nos. 96 -47, 96 -54, and 96 -57 through 96 -59. Vice
Mayor Eck requested discussion on Ordinance No. 616. Councilwoman Spiro also
requested discussion on Ordinance No. 617.
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
Resolution Nos:
96 -46 EXPRESSING APPRECIATION TO LINDA ROSEN FOR HER SERVICE ON THE
COTATI- ROHNERT PARK LIBRARY ADVISORY BOARD
96 -48 IN SUPPORT OF CALIFORNIA'S "PREPARE FOR THE QUAKE CAMPAIGN"
96 -49 AWARDING THE CONTRACT FOR RE- ROOFING THE REMAINDER OF THE
ROHNERT PARK LIBRARY ROOF
96 -50 AWARDING THE CONTRACT FOR THE RE- CARPETING OF VARIOUS CITY
FACILITIES
96 -51 CALLING FOR SEALED PROPOSALS FOR EXTERIOR PAINTING OF CITY
HALL
96 -52 CALLING FOR SEALED PROPOSALS FOR INSTALLATION OF UPDRAFT
HEATING UNIT FOR PUBLIC SAFETY CENTRAL STATION
96 -53 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE
NOTICE OF COMPLETION, OVERLAYS - 1992, PROJECT NO. 1991 -9
96 -55 APPROVING AN AGREEMENT WITH THE COUNTY OF SONOMA FOR LAW
ENFORCEMENT SERVICES TO CREEKSIDE MIDDLE SCHOOL
96 -56 TO APPROVE A POLICY AND PROCEDURES FOR THE IMPLEMENTATION
OF FEDERAL DEPARTMENT OF TRANSPORTATION DRUG AND ALCOHOL
TESTING
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, with the
exception of above - signified pulled items, the remaining Consent Calendar items as
outlined on the meeting's agenda, were unanimously approved.
96 -47 PROCLAIMING APRIL 21-27,1996 "NATIONAL VOLUNTEER WEEK"
Councilwoman Spiro signified support of this item but asked why the information was
not received earlier to provide more time for consideration of local nominations. City
Manager Netter responded he would check into the matter and make sure the
information is received in time for next year.
Upon motion by Councilwoman Spiro, seconded by Vice Mayor Eck, and unanimously
approved, Resolution No. 96 -47 was adopted.
Rohnert Park City Council Minutes ( 3 ) March 26, 1996
Resolution No:
96 -54 APPROVING A LEASE PURCHASE AGREEMENT BETWEEN MUNICIPAL
LEASING ASSOCIATES, INC. AND THE CITY OF ROHNERT PARK AND
AUTHORIZING SIGNATORIES
Councilwoman Spiro asked if this item was already included in the budget. City
Manager Netter confirmed it has been designated out of the General Fund.
Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and
unanimously approved, Resolution No. 96 -54 was adopted.
Resolution Nos:
96 -57 REJECTING THE CLAIM OF MATILDA (TILLIE) MILLERICK (RE.ALLEGED
FLOOD DAMAGES)
96 -58 REJECTING THE CLAIM OF WILLIAM S. SNELL (RE.ALLEGED FLOOD
DAMAGES)
96 -59 REJECTING THE CLAIM OF ENTERPRISE PROPERTIES (C /O SANDRA
FLEMING) RE.ALLEGED DAMAGE TO FENCE FROM FALLEN TREE
Councilwoman Spiro requested an explanation of these items for the public's benefit.
City Manager Netter reviewed the City's standard procedure of the Council rejecting
all claims which are then forwarded to the City insurance carrier, Redwood Empire
Municipal Insurance Fund (REMIF) for appropriate follow up and handling.
Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, and
unanimously approved, Resolution Nos. 96 -57 through 96 -59 were adopted.
Ordinance for adoption:
No.616 AMENDING ORDINANCE NO. 557 AND TITLE 10 VEHICLE AND TRAFFIC OF
THE ROHNERT PARK MUNICIPAL CODE ADOPTING TRIP REDUCTION
AND TRAVEL DEMAND REQUIREMENTS
As the City's liaison, Vice Mayor Eck referenced recent Sonoma County
Transportation Authority (SCTA) meeting with review of legislation related to this
item. State law has been passed signifying that mandatory requirements are no longer
allowed. SCTA recommended all local trip reduction ordinances (TROs) include
revisionary language for the continuation of trip reduction efforts on a voluntary basis,
as signified in contents of Ordinance No. 616 presented for adoption at this time.
Vice Mayor Eck further commented that we have an excellent track record on this
effort and hoped it would continue on the voluntary basis.
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and unanimously
approved, Ordinance No. 616 was adopted.
Rohnert Park City Council Minutes ( 4 ) March 26, 1996
Ordinance for introduction:
No.617 AMENDING SECTION 2.08.010 OF THE ROHNERT PARK MUNICIPAL CODE
(re. removal of four -fifths vote requirement to continue meetings beyond a ten p.m.
adjournment time for unfinished business)
Councilwoman Spiro requested further discussion of this item. Vice Mayor Eck
expressed concern about having only three Council votes for important matters when
two Councilmembers leave the Council meetings. Mayor Flores commented on his
to A 9
observation of a recent Council meeting adjourned due to lack of a four -r� nffns vote to
continue beyond 10:00 p.m. The meeting could have been finished by 11:00 p.m.
compared to taking another three hours when Council reconvened to complete the
remaining agenda items. Councilwoman Spiro disapproved of extending Council
meetings beyond 10:00 p.m. She expressed concern about people not being effective
when they are tired along with the Council's responsibility factor for reviewing
extensive figures.
Discussion concluded upon motion by Vice Mayor Eck, seconded by Councilwoman
Gallagher, and unanimously approved, to remove Ordinance No. 617 from the Consent
Calendar and refer the item to Matters from Council scheduled later on the agenda for
further discussion.
PRESENTATION BY SUPERVISOR JAMES HARBERSON ON NWPR.4 RAILROAD PURCHASE
Mayor Flores confirmed this item was deferred to a future Council meeting agenda.
PLANNING AND ZONING MATTERS:
File No. 1691-Rohnert Park Showplace -Site Plan & Architectural Review, Negative Declaration, and
Draft Traffic Impact Study for a 55,140 sq.ft.16 screen, 3,000 seat movie theater
complex and a 6,485 sq.ft.226 seat restaurant --
1. Staff report -- Planning Director Skanchy referenced plans on display, reviewed above reports
related to this item, and responded to Council questions.
2. Applicant / T raffic Engineer presentation -- Traffic Engineer, Walter W. Laabs, Jr. of TJ1K3,4
Transportation Consultants, reviewed the Traffic Impact Study via slide presentation,
and responded to Council questions.
David Corkill, Applicant/Representative of Cinema West, Petaluma, explained various factors of
the theater complex/restaurant proposal, reviewed comparatives with the Petaluma and
Santa Rosa theaters via slide presentation, and responded to further Council questions.
Bruce Richardson, Attorney representing land owners, the Rohnert and Spreckels family, reviewed
background history regarding previous Council approval of the zoning change for the
referenced location. The Rohnerts have turned down numerous proposals in the past
including a Shell Oil Service station and several proposals that would have been in
direct competition with existing businesses in the area. None of these proposals were
brought forward. Instead, the Rohnerts waited, which included never considering any
proposals on the rail site. This theater complex is exactly the kind of use Rohnert Park
Rohnert Park City Council Minutes ( 5 ) March 26, 1996
had in mind in 1974, and includes the advantage of the joint parking agreement with the
golf course. The Rohnert Family has agreed to hold off on any other proposal to make
sure parking is adequate for both. This is a major concession for any land owner to
make. Extensive time has been spent reviewing this proposal to provide a clean and
safe place for people to enjoy. Mr. Richardson urged Council to approve it.
Dan Ross, General Manager of Mountain Shadows Golf Resort, expressed support of the theater
complex proposal and explained the compatible and long term advantages of the
proposed shared parking agreement between the golf course and the theater.
3. PUBLIC COMMENTS: Mayor Flores advised that the formal public hearing for this item was
held by the Planning Commission at its meeting of March 14, 1996. Consistent with
the practice of this Council to allow public comments on agenda items, the Mayor
pointed out the time certain signified on the agenda for this item, limited to 1 hour,
with 30 minutes each designated for proponents and opponents. Mayor Flores opened
the meeting to receive public comments as stipulated at approximately 7:50 p.m.
Public comments listed herein were submitted on speaker cards or other written and/or
verbal communications expressing support or opposition to this item, with written
communications referred to relevant City files.
OPPOSITION signified due to concerns related to traffic congestion, enhanced crime possibilities,
flooding issues, and/or preferring consideration of another site location as follows:
1. Tim Aust, 4955 Fern Place,
2. Gail Beaman, 4496 Flores Avenue
3. Jane Sullivan, 4430 Fairway Drive
4. Bob Weil, 193 Fescue Way
5. Charles Kitchen, 4945 Fern Place
6. Dave Mochel, 4405 Hollingsworth Circle
SUPPORT signified due to advantages related to compatibility with golf course parking and other
enhancements to surrounding businesses, employment provisions including more job
possibilities for youth and seniors, increased revenues for City, very low crime impact,
and/or local provision for family enjoyment as follows:
1. J. T. Henley, 4622 Petaluma Hill Road, Santa Rosa, representing Rohnert Park
Chamber of Commerce, as a member of the Board of Directors
2. Laurel A. Hastings, 7757 Camino Colegio, representing Mountain Shadows Plaza
Shopping Center
3. Kolum Williams, 921 Helene Court, General Manager of Mary's Pizza Shack
4. Bob Weinmann, 5763 Dexter Circle
5. Al Semmler, 297 Firethorn Drive
6. Greg McClish, 830 Gizomo Court, Santa Rosa, in law enforcement
7. Joe Topper, 1 Red Lion Drive, General Manager of Red Lion Inn
8. Pamela Lane, 1025 Golf Course Drive
9. Tod Manning, 325 Post Street, Petaluma, Attorney representing small businesses
10. Robert Byerly, 1591 Parkway Drive
11. Cal Johnston, 1142 Harvard Drive, Santa Rosa, with a business in Rohnert Park
With the one hour time certain being expired, Mayor Flores closed public comments at
approximately 8:50 p.m.
Rohnert Park City Council Minutes ( 6 ) March 26, 1996
Discussion included varied Council opinions regarding the proposed theater complex.
A motion was made by Councilwoman Spiro, seconded by Mayor Flores, to approve
the project with reduced seats. -- Vice Mayor Eck signified he would consider support
of the motion if it did not lock in seating numbers and agree to work with the applicant
to obtain a limit on the number even if it means reducing parking and/or sales. --
Councilwoman Gallagher signified she was not comfortable with the market study and
thought the project should be limited to about ten screens. -- Councilman Reilly said
he would like to see the actual weekend traffic counts before making a decision and
recommended reduced seats to observe intersection and parking impacts. He also
asked if the City Attorney could advise about enforceability if Council put a number
limit on tickets. He said he would like to see the theater accomplished there but did not
approve of sixteen screens.
City Attorney Flitner and City Manager Netter responded to additional Council
questions. -- City Manager further reviewed the size factor of the proposal relevant to
the economics and operations of the theater and indicated he had met with the applicant
who indicated that in the theater business the revenues are received from the movie
suppliers on number of available seats, even though the seats are not used (sold).
Therefore, a reduced number of seats may not be economically feasible. Mr. Netter
commented on the impacts of this theater proposal being less than the convention
center or hotel as previously considered and, other than leaving the area as it is, i.e.
open space, there is probably no other proposal that could offer less impacts than this
one, as the traffic patterns of a theater fit with normal business, commercial and
commute peak traffic demands. City Manager also indicated it is an in -fill project
not requiring annexation or sphere of influence change, and is zoned properly. --
City Attorney responded to Council comments with agreement that it is state law that
prohibits overriding a Planning Commission without a positive vote of an upper body,
but Planning Commission approvals can be overturned by a positive vote of the City
Council. He further pointed out that this item is a straight zoning matter and not a use
permit, therefore, if the lower body approves such a project, the Council is not even
required to review it. It is only before the Council because of visibility of the location
from the freeway.
Discussion concluded upon Council concurrence to table the motion on the floor to the
next Council meeting to allow time for staff to meet with the applicant to further
review options related to reduced seating, and for staff to provide a report on current
weekend traffic counts at the designated location, as well as City Attorney report on
the enforceability of the consideration of the sale of reduced seating.
RECESS Mayor Flores declared a recess at approximately 9:37 p.m.
RECONVENE - Mayor Flores reconvened the Council meeting at approximately 9:48 p.m. with all
Councilmembers present.
Mayor Flores advised the following item would be moved forward on the agenda and
handled at this time, as a courtesy to Crusher Representative Bob Fletcher, who was
present at this Council meeting.
Rohnert Park City Council Minutes ( 7 ) March 26 1996
CITY MANAGER'S REPORT.•
1. Crushers' restrooms & cost of engineering of bleachers -- City Manager Netter explained cost
breakdowns provided to Council on this item, as reviewed in the Council meeting memo.
With Council's approval of the proposed program with the Crushers, a formal loan
document would be prepared in the principal amount of $43,000 at an interest rate of
6.5 %, being approximately the same percentage rate the City receives on its idle funds,
to be paid monthly at a rate of $1,019.74.
Discussion concluded upon motion by Councilwoman Spiro, seconded by
Councilwoman Gallagher, this item was unanimously approved in concept, and staff
was directed to proceed with preparation of the formal loan document with the
Crushers, as signified, for adding the restroom facility to the Rohnert Park Stadium and
for the cost of engineering of bleachers.
GENERAL PLAN MATTERS:
1. Review of Format for 4/15/96 Town Hall Meeting -- Planning Director Skanchy referenced
communications from Planning Consultant Donna Oldford on this item provided to
Council, as reviewed in the Council Meeting Memo, including suggestions for the format
of the April 15 Town Hall Meeting and Matrix with General Plan Options for the City. --
Planning Consultant Donna Oldford made a brief statement prior to reviewing her reports
in that she was rather dismayed at a recent newspaper article. It may have had the best of
intentions, but it was certainly taken out of context. It was not her charge or intent to
involve any aspect of the report referred to in the article and to that end, she thought that
news article was rather unfair to Council. It was certainly out of context, to say the least,
and very inaccurate. Ms. Oldford said this spoke specifically to a recommendation she
would make for anybody going into a General Plan effort, but was not her charge to this
Council. -- Ms. Oldford reviewed above - referenced reports. Planning Consultant Oldford
and Planning Director Skanchy responded to Council questions.
Councilwoman
Gallagher leaves -- Councilwoman Gallagher left the meeting at approximately 10 :10 p.m. during the
discussion of this item signifying she had to go to work.
Discussion concluded upon motion by Councilman Reilly, seconded by Vice Mayor
Eck, and unanimously approved with Councilwoman Gallagher absent, to accept the
format for the April 15, 1996 Town Hall Meeting for the General Plan as recommended
by the Planning Consultant except for signifying the City Council as facilitator for the
last item -V- Question and Answer Period and rearrangement of the order as follows:
1) Introduction by Mayor
2) Planning Consultant's overview of options to City Council
3) General Plan Committee's overview of planning effort
4) Viewing of maps /options
5) Public input /suggestions with question and answer period
(facilitated by City Council)
City Manager Netter responded to Council inquiry that the other two General Plan
items listed on the agenda could wait until after the Town Hall Meeting to be handled,
which were 1) Consultant for Economic Element - consideration; and
2) Consideration to proceed with Proposed Phase II.
Rohnert Park City Council Minutes ( 8 ) March 26,_1996
City Manager Netter also confirmed the other remaining items listed on this agenda could
be deferred to the next regular Council meeting except as signified in these minutes.
OTHER RESOLUTIONS FOR CONSIDERATION.•
Resolution No.
96 -60 OPPOSING CALIFORNIA AB 638 (KNIGHT) CONCEALED WEAPONS BILL
City Manager Netter explained this resolution as reviewed in the Council Meeting Memo.
Upon motion by Councilwoman Spiro, seconded by Vice Mayor Eck, and unanimously
approved with Councilwoman Gallagher absent, reading of Resolution No. 96 -60 was
waived and said resolution was adopted.
Resolution No.
96 -61 ENCOURAGING SUPPORT FOR THE THIRD ANNUAL COUNTYWIDE DAY
OF NON - VIOLENCE, FRIDAY, MARCH 29, 1996
EMERGENCY ITEM DECLARED: City Manager Netter explained the need to declare adoption of
this resolution an emergency item due to the timing factor and inadvertent omission on
tonight's meeting agenda.
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, with Councilwoman
Gallagher absent, to declare consideration of Resolution No. 96 -61 an emergency item,
was unanimously approved.
Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, and unanimously
approved with Councilwoman Gallagher absent, reading of Resolution No. 96 -61 was
waived and said resolution was adopted.
COUNCIL COMMITTEE REPORT.•
Rohnert Park Chamber Orchestra - Draft letter of support (Mayor /Vice - Mayor) -- On behalf of the
Chamber Orchestra, Jake Mackenzie, 1536 Gladstone Way, requested Council
consideration of this item at this time, as a matter of urgency, in order to proceed with
the necessary fund- raiser. Deferral of this item to the next Council meeting could
hinder possibilities for the April concert. -- City Manager Netter referenced the draft
letter over the Mayor's signature, to be used by the Chamber Orchestra for a mass
mailing to local businesses and corporations urging support. The Chamber Orchestra is
pursuing financial contributions and corporate support to complete this year and to
develop a base for future years.
Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, with
Councilwoman Gallagher absent, acceptance of the above - reviewed letter for the
Chamber Orchestra, was unanimously approved.
COMMUNICATIONS. Communications per the attached outline were presented to the City Council
prior to this meeting. No action was taken unless specifically noted in these minutes.
Rohnert Park City Council Minutes ( 9 ) March 26 1996
UNSCHEDULED PUBLIC APPEARANCES. Mayor Flores asked if there were any unscheduled
public appearances at this time.
Jake Mackenzie, 1536 Gladstone Way, referenced a point of order regarding the submission of speaker
cards for agenda items, as he came early to this meeting and submitted a card requesting
to speak on the theater item. -- Council agreed a time limit should be established for
speakers according to the number of speaker cards submitted for items. The Mayor also
requested staff to number the speaker cards as presented. -- Mr. Mackenzie also
referred to possible locations for transit sites being considered and commented on the
original EIR Council approved in 1989.
CITY ATTORNEY'S REPORT. • City Attorney Flitner confirmed all the items listed on the agenda for
his report could be deferred to the next Council meeting. For Council's information,
City Attorney Flitner referenced the City of Santa Rosa Mobile Home Case with
question that has arisen due to the same consideration for Rohnert Park. The Council of
the City of Santa Rosa took it under advisement and there is no litigation pending in
Santa Rosa that City Attorney Flitner is aware of at this time.
ADJOURNMENT. • Mayor Flores adjourned the meeting at approximately 10:40 p.m. to 4:00 p.m.,
Tuesday, April 9, 1996 for a Fire Benefit Assessment District work session.
De Clerk
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Mayor