1996/04/09 City Council BylawsROHNERT PARK CITY COUNCIL MINUTES
April 9, 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 6:18 p.m. and
led the pledge of allegiance.
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 Mayor Flores reported on the closed session which commenced this evening at
Session 5:55 p.m. to discuss the following matters listed on the agenda attachment:
Litigation matters: (1) Rancho Feliz Mobile Home Park - Discussion took
place regarding the costs related to a dispute on the transaction involving the park
purchase. The City is awaiting a response from the owners. (2) Hillsboro
Properties - The City has decided to appeal the decision in this matter. (3)
Benevidez lawsuit - The City will be making a settlement offer in this matter. Real
Estate Negotiations - (1) Las Casitas Mobile Home Park - The mobile home park
owner has withdrawn negotiations with the City. There is no further action.
(2) Valley Village Mobile Home Park - No response has been received from the
owner of the park on the City's latest offer.
Approval of
Minutes Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and
unanimously approved, the minutes of March 26, 1996 and certain corrections
to the minutes of September 26, 1995 (a copy of which is attached to the original
set of these minutes) were unanimously approved.
Approval of
Bills Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, the
City bills presented per the attached list in the amount of $794,481.13 were
unanimously approved.
Rohnert Park City Council Minutes
April 9, 1996
Non - Agendaed
Items Mayor Flores queried if anyone had any non - agendaed items to bring up.
Councilwoman Spiro responded that she has two; Councilwoman Gallagher stated
she has none; Councilman Reilly stated he has none; Vice Mayor Eck commented
he has two; and Mayor Flores noted he has two non- agendaed items to bring up
regarding Teen Recognition and Rancho Feliz Mobile Home Park parking.
Scheduled Public
Appearance Mr, Paul Stutrud, Rohnert Park resident, read from a letter he had previously
submitted regarding his concerns with (1) The date selected and publication of
notices for the upcoming Town Hall meeting; (2) Requested a Town Hall meeting
be held to discuss construction/building matters; (3) The sound system in the foyer
of City Hall does not seem to work properly; (4) Suggests televising of Planning
Commission meetings; (5) Does not feel unscheduled public appearances should
be placed at the end of the City Council agendas and that public input should be
allowed on every item on the agendas.
Unscheduled Public Appearances: aw 4orpection @ 4/23/96 mtg . )
Mayor Flores stated that in compliance with State 4aw- he rown Act), citizens
wishing to 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.
Mr. Jake Mackenzie, 1536 Gladstone Way, Rohnert Park, expressed his
concerns with the proposed Rohnert Park Showplace project, in that he would
prefer to see a transit station located at the project site and that the City should
seriously consider locating a transit station somewhere in town; that he hopes
consideration will be given to the bike path on Golf Course Drive if the theater
project is approved so that movie -goers would be able to bicycle to the theater to
alleviate traffic and parking concerns; and that the Bicycle Master Plan calls for a
bike bridge to be located on Holly Avenue in the "F" section.
Laurel Hastings, Business Consultant to independent businesses and representing
businesses at the Mountain Shadows Plaza Shopping Center, spoke in support of
the proposed theater, stating that she feels the theater complex will benefit the
businesses, not harm them.
Robin Bleckwehl, President of the Rohnert Park Chamber of Commerce,
informed of the Chamber's strong support if the proposed theater
complex. She spoke of vision and how it aids the welfare of all businesses; that of
the 550 members of the Chamber of Commerce, three - fourths are small businesses.
She also noted that the Chamber believes the theater will help to enhance
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Rohnert Park City Council Minutes
April 9. 1996
economic development, that it will be a major benefit to the youth of our
community. She cited several other positive benefits of the theater.
Mr. Bob Weil, 193 Fescue Way, Rohnert Park, expressed opposition to the
proposed theater complex, referred to the General Plan EIR prepared by Elgar Hill
and the provision for added traffic lanes and that were to be added that were not;
stated his concerns with traffic levels and parking; and suggested that the
developer of the theater complex be required to pay impact fees.
Adam Romero, a sophomore at Rancho Cotate High School, expressed support
for the theater complex, stating that not only would it provide a positive activity
for the students through movies, but that it could also benefit them by providing a
location for educational programs as well.
Charles Kitchen, 4945 Fern Place, Rohnert Park, informed that he wants a 20
screen theater in Rohnert Park, but not at the proposed location. He is concerned
that there will be problems with the traffic and that it would be more suitable
located on the west side at the K -Mart location.
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CONSENT CALENDAR
Mayor Flores asked if any Councilmembers had any questions regarding matters
on the Consent Calendar, which were explained in the City Manager's Council
Meeting Memo. City Manager Netter Resolution No. 96 -66 be pulled;
Councilwoman Gallagher queried why the Weed Abatement Resolution was before
them again this year, to which City Manager Netter explained that this item is
enforced by directive in the City's Municipal Code to be done each year.
Councilwoman Gallagher requested that Resolution No. 96 -68 be pulled.
Acknowledging the City Manager /Clerk's report on the posting of the agenda
Resolution Nos.
96 -62 PROCLAIMING THE WEEK OF APRIL 14-21,1996 AS "DAYS OF
REMEMBRANCE"
96 -63 DECLARING WEEDS GROWING UPON OR IN FRONT OF CERTAIN
PROPERTIES WITHIN THE CITY OF ROHNERT PARK TO BE A PUBLIC
NUISANCE, DIRECTING THE CITY MANAGER TO POST NOTICE
THEREOF, AND DETERMINING HEARING DATES AS SREQUIRED BY
CHAPTER 8.08 OF THE ROHNERT PARK MUNICIPAL, CODE
96-64 ACCEPTING GRANT DEEDS FOR ROHNERT PARK EAST SUBDIVISION
96 -65 ACCEPTING GRANT DEEDS FOR ROHNERT PARK WEST SUBDIVISION
Rohnert Park City Council Minutes April 9. 1996
96 -67 APPROVING A CONTRACT WITH JOHNSON, DEBOIS & FORREST FOR
PLAN CHECKING SERVICES FOR THE BUILDING DEPARTMENT OF
THE CITY OF ROHNERT PARK AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY
96 -69 REJECTING THE CLAIM OF JOHN F. HUDSON (RE. ALLEGED
VIOLATION OF CIVIL RIGHTS/LIBEL
96 -70 REJECTING THE CLAIM OF GEICO INSURANCE GROUP ON BEHALF OF
JOHN ELS (RE. ALLEGED FLOOD DAMAGES)
96 -71 REJECTING THE CLAIM OF DARLENE E. HESS (RE. ALLEGED FLOOD
DAMAGES)
Approving donation of Sports Center and Pool Memberships (one each) for
Sonoma County Associates for Youth Development (SCAYD) recognition prizes
for 5th Annual 24 Hour Relay Challenge
Approving a cash award in the amount of $250.00 for Rancho Cotate High School
Academic Achievement Awards Program
Upon motion by Vice Mayor Eck, seconded by Councilwoman Gallagher, and
unanimously approved, all items on the Consent Calendar were approved, with the
exception of the two pulled items mentioned above.
96 -68 APPROVING LOAN AGREEMENT WITH SONOMA COUNTY
PROFESSIONAL BASEBALL, INC. (FOR ADDING RESTROOMS AND
COST OF ENGINEERING OF BLEACHERS AT ROHNERT PARK STADIUM
Councilwoman Gallagher asked for clarification regarding the length of term of the
loan. City Manager Netter explained.
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, and
unanimously approved, Resolution No. 96 -68 was adopted.
96 -66 APPROVING APPLICATION FOR ISTEA -STP GUARANTEED FUNDS FOR
COMMERCE BLVD. BIKE PATH
City Manager Netter advised that Council has been provided with a revised
resolution as the widening of Commerce Boulevard, which is to included as part of
the project, had been inadvertently left off the resolution originally provided.
Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, and
unanimously approved, Resolution No. 96 -66 was adopted.
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Rohnert Park City Council Minutes April 9, 1996
Planning and Zoning Matters:
File No. 1691 - Rohnert Park Showplace - Site Plan & Architectural Review and
Negative Declaration for 55,140 sq.ft., 16 screen, 3000 seat movie theater
complex - City Manager Netter explained that, in response to the City Council's
direction at its meeting of March 26, 1996, staff had contacted Mr. Walter Laabs,
General Manager of TJKM Transportation Consultants, to review and analyze the
weekend traffic counts at the proposed location for the theater complex and to
provide updated information in a supplemental report. This has been done. Mr.
Netter referred to his memorandum dated April 4, 1996, (the original of which is
on file in the office of the City Clerk) which was provided to the City Council, and
which addresses several questions and comments that have been brought forth
during previous discussions on the project. He commented that, included with his
memorandum, were several exhibits to address various concerns, such as (1)
supplemental traffic study; (2) General Plan levels of service; (3) Estimate on
possibility of improving or widening Commerce Boulevard to allow for an
elongated left -hand turn lane coming south off Commerce Boulevard onto Golf
Course Drive; and (4) City Attorney's opinion on developing a binding agreement
with the applicant to limit number of seats sold.
City Manager Netter explained the possibility of widening the roadway at
Commerce Boulevard and Golf Course Drive, while referring to a diagram on
display. He advised that the applicant has expressed a willingness to pay for 50%
of the costs of the widening. City Manager Netter stated that it is possible the
project could be phased so as to restrict the number of seats to assist in the parking
requirements to avoid cross - easements with the golf course property. He
commented that the applicant is willing to complete the project at 3,000 seats, and
during a trial period of six to twelve months, sell no more than 2,560 seats,
the approved number of seats according to the parking requirements per the
Rohnert Park Zoning Ordinance, i.e. one parking space for every *seats.
Councilman Reilly queried about the affect on number of parking spaces that
would be available without the inclusion of the restaurant. Planning Director
Skanchy clarified that the restaurant portion of the project is out of the question
and has been eliminated.
City Manager Netter also commented that the proposed site for the project has
been zoned as C/Rec (commercial) since 1974 in conformance with the General
Plan and would not require rezoning, annexation, or a General Plan amendment to
pursue the project. Mr. Netter advised that, in response to suggestions of locating
the project on the west side on the K -Mart or Price Club sites, it would be
unfeasible since the costs to raze and prepare those structures to make them
suitable for the theater use would be prohibitive. Vice Mayor Eck commented
that the proposed project site has retained the commercial zoning all these years
Rohnert Park City Council Minutes
April 9. 1996
and that there were ample opportunities to amend the General Plan and that zoning
during the last General Plan review and that the entire City Council had voted for
that zoning designation.
Mayor Flores then introduced David Corkill, the applicant and representtive of
Cinema West. Mr. Corkill said that he feels there was a some confusion at the
March 26, 1996 City Council meeting relative to the traffic study. He informed
that the 10,000 square foot pad would remain even though the restaurant has been
deleted from the plans. He estimates that a great percentage of the patrons of the
theater will be from Rohnert Park and that the location will be very accessible.
Mr.Corkill reiterated that the costs for renovating the Price Club or K -Mart
buildings would be prohibitive in that those buildings would have to be razed and
would require extensive renovation. He then distributed to the Council an
updated, revised proposal and read from same (a copy is attached to the original
set of these minutes).
Extensive discussion followed whereby Mr. Corkill answered various Council
queries and explained how the "house allowance" system works with regards to
ticket sales. He informed that the theater project is not based on or does not
depend on an increasing population, but, rather, is based on what is here now.
Discussion followed. Upon motion by Vice Mayor Eck, seconded by
Councilmember Spiro, and unanimously approved, with Councilwoman dissenting,
the Negative Declaration on File No. 1691 - Rohnert Park Showplace was
approved.
Mr. Walter Laabs, Transportation Consultant, was recognized and answered
questions relative to the traffic study and explained impacts and Level of Service
(LOS).
Mr. Bruce Richardson, attorney for the landowners of the proposed project site,
referred to the restricted uses of said property set forth by those landowners,
referred to improvements to the overpass, and stated they are willing to give the
theater operator every chance to succeed.
Discussion followed whereby Councilmember Spiro asked about the provision of
equipment for the hearing impaired and the provision of disability access, to which
Mr. David Corkill responded in the affirmative and advised that these provisions
are legally required. Vice Mayor stated that he cannot justify voting no on the
project in that the property is zoned for the proposed use and that the applicants
have met the basic criteria. He added that he really would like to see a transit
station at the site but there is no money to buy the property. Councilwoman
Gallagher stated that the residents should riot if this project passes. Councilman
Reilly advised he still has concerns with the four -to -one parking ratio. Mayor
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Rohnert Park City Council Minutes
April 9. 1996
Flores stated he feels this project will be a great benefit for the citizens of Rohnert
Park.
Further discussion followed.
Upon motion by Councilmember Spiro, seconded by Vice Mayor Eck, the Site
Plan and Architectural Review for File No. 1691 - Rohnert Park Showplace was
approved, with Councilmembers Gallagher and Reilly dissenting.
Councilwoman Gallagher commented to Vice Mayor Eck that at least she did not
do any weak, wimpy, and spineless back - pedaling, to which Mayor Eck responded,
for the record, that he is pleased that he has at least improved his status in the
world from being a crook and a thug as previously categorized by Councilwoman
Gallagher.
Recess At this point in the meeting, the time being approximately 7:50 p.m., Mayor Flores
called a brief recess.
Reconvene Mayor Flores reconvened the meeting at approximately 7:55 p.m.
City Manager Netter referred to the staff report regarding the Water Shortage
Contingency Plan and explained the City needs to update its Plan to be in
compliance with State law. He advised that the City needs to have this Plan
available, which sets for the procedures to be followed during a drought or
emergency conditions.
Councilwoman Gallagher Leaves - At this point in the meeting, the time being approximately
7:58 p.m., Councilwoman Gallagher left the Council Chambers and returned at
approximately 8:00 p.m.
Mayor Flores stated that this item had been noticed for a public hearing and
proceeded to open same.
Cindy Walsh, 4409 Glacier Court, Rohnert Park, was recognized and asked if this
implementation of this plan means cutting back on sprinklers in yards. Mayor
Flores explained that this could affect residents' sprinkler systems if we are in
drought conditions.
There being no one else desiring to speak, Mayor Flores closed the public hearing.
Discussion followed.
Rohnert Park City Council Minutes
Resolution No.
April 9. 1996
96 -72 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
REVISING AND ADOPTING THE CITY OF ROHNERT PARK WATER
SHORTAGE CONTINGENCY PLAN
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and
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resolution was adopted.
Town Hall Mayor Flores advised that the Council has been provided with a sample agenda
Mtg. -Gen. and format for the upcoming Town Hall Meeting on the General Plan to be held on
Plan Monday, April 15, 1996 at 7:00 p.m. at the Rohnert Park Community Center and
asked there were any questions or comments.
Councilwoman Gallagher stated that she hopes the presentation will be handled in
such a way that the citizens will not get bored and that she still believes this is a
bad night to hold the meeting since it is the income tax filing deadline date.
Planning Director Skanchy responded that the consultant's presentation/report
should only take about 20 minutes.
Further discussion followed. It was the consensus of the City Council that the
proposed agenda and format for the upcoming Town Hall meeting to be held on
the General Plan was approved.
Audit City Manager Netter referred to his explanation of the Audit Analysis in his
Analysis Council Meeting Memo dated April 4, 1996. He noted that the complete report
submitted by the City's external auditing firm, Macia, Gini & Company had been
provided to the Council for its review and information. Mr. Netter that this report
is an evaluation of the allocation percentages used to charge General Fund
administrative costs to the City's Utilities and Community Development
Commission operations.
Discussion followed.
Upon motion by Councilman Reilly, seconded by Councilmember Spiro, the Audit
Analysis re. Allocation of General Fund Expenses to the City Utility and
Community Development Commission Funds was unanimously approved.
SB 1958 City Manager Netter explained that this item was brought to the City's attention
Sales Tax/ via League of California Cities Legislative Bulletins urging support. He stated
Libraries that SB 1958 would allow for a 1/8% sales tax increase to assist in funding for 1
library programs and operations within the county, which could possibly open up
an opportunity to have libraries remain open seven days a week, thereby providing
Rolmert Park City Council Minutes
April 9. 1996
additional opportunities for our youth and future generations, especially
educationally.
Discussion followed.
Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
96 -73 SUPPORTING CALIFORNIA SENATE BILL 1958 (MELLO) TO PROVIDE
FUNDING FOR LIBRARIES
Upon motion by Councilman Reilly, seconded by Councilwoman Gallagher, and
unanimously approved, Resolution No. 96 -73 was adopted.
Paint Ball Facility
City Manager Netter advised that the Paint Ball agreement has been revised to
address the City Council's concerns, that it covers a one year lease which can be
renewed for an additional year subject to terms and conditions as recommended by
staff or the City Council, and that the City Attorney has reviewed said agreement.
Discussion followed.
Resolution
96 -74 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A LEASE AGREEMENT WITH
SINATRA ENTERPRISES, INC.
Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, Resolution No.
96 -74 was approved with Councilmembers Gallagher and Spiro dissenting.
S.C. Library City Manager Netter introduced Ruth Maloney, Program Assistant for the Sonoma
Adult County Library Adult Literacy Program. Ms. Maloney referred to her letter
Literacy request for $3,500 in financial support from the City to continue the Adult
Literacy Program. She advised that the Library Commission has greatly reduced
the budget for this program, only providing $15,000 for the half -time
Administrator, and stipulated that additional funds must be raised by the Program
Director and other supporters.
Discussion followed whereby it was the consensus of the City Council that this
item will be discussed further during the budget work sessions with more
detailed information regarding the program funding.
Council Committee Reports:
Hospital Site - Councilmember Spiro informed that she had met with hospital
representatives to discuss options for a medical care facility and to provide further
input on what would be most beneficial and practical for the Rohnert Park. The
hospital representatives are to get back to us with a proposal sometime in May.
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Rohnert Park Cite Council Minutcs
April 9. 1996
Home Field USA- Sporthaus - Mayor Flores reported on what progress has been
made so far to further such a project along. He then introduced Mr. Bill Conklin
of Sporthaus. Mr. Conklin reported that they have amended their proposal to
increase the size of the building to provide for six basketball courts and that they
are willing to work with private funds. He is confident that the sporthaus will
bring large sales tax revenues to the City. He feels this is a first class facility, not
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Discussion followed wherein City Manager Netter noted that other proposals have
been presented to the City for similar facilities and also other uses. Mayor Flores
commented that Mr. Conklin had missed the timeline set by the Council in
getting back to the City with responses to the Council's concerns relative to his
initial proposal. He informed Mr. Conklin that he needs to get back to the Council
with answers to all the elements with which the City Council is concerned.
Councilmember Spiro added that she is providing the City Council with copies of
an excellent magazine article she had come across regarding the current
popularity of sportshauses. City Manager Netter advised that staff will be
reviewing the proposals and discussing them with the Council Commitee.
Transportation matters - Vice Mayor Eck informed that the Sonoma County
Transportation Authority (SCTA) had been discussing an earthquake retrofitting
program and that the Wilfred Avenue overpass is on the STIR
SB 1474 - Vice Mayor Eck stated he is in support of Senator Kopps amended
transportation bill and would like to have this item included on the next City
Council agenda and that the SCTA will be discussing it at its next meeting.
Older Americans Month - Councilmember Spiro advised the Council of the many
activities planned at the Senior Center for "Older Americans Month."
Tourism Development Zone - Councilmember Spiro stated that at the League of
California Cities Revenue & Taxation Com. mittee meeting there was discussion on
AB 2870 relative to supporting tourism development zones and noted that this bill
is slated for a vote very soon. She recommended a letter or telephone call from
the Mayor to express support for this bill.
PERS - Councilmember Spiro advised of a League of California Cities article
regarding the PERS Part-Time Employee Policy and the upcoming ruling on
hourly exemptions.
Disability Access - Councilwoman Gallagher commented on the last Disability
Access committee meeting and the progress that has been made on the needs
survey.
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Rohncrt Park City Council Minutes
April 9, 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).
Discussion ensued regarding the extension of City Council meetings beyond the
established 10:00 p.m. adjournment time. Councilmember Spiro stated she feels
that if there are important items to be voted on past the 10:00 p.m. limit, that they
should only be voted upon by the entire City Council and that action should not be
taken by just a partial body. Councilwoman Gallagher noted that in the very late
evening she feels the City Council may not be able to take appropriate actions due
to being tired. Councilman Reilly said that he disagreed. He stated that on
occasion in the past the agenda items beyond the 10:00 p.m. limit could have been
handled within another 1/2 hour or 45 minutes, but were continued to another
meeting to finish them, which ended up being another 3 hour meeting. He would
rather see the agenda items completed than to have to convene another meeting.
Vice Mayor Eck commented that he feels if there is less debate and more action
taken at the meetings the agendas could be completed in a timely fashion.
Ordinance No. 617
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING
SECTION 2.08.010 OF THE ROHNERT PARK MUNICIPAL CODE
Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, and the
following roll call vote, Ordinance No. 617 was introduced.
AYES: (3) Eck, Reilly, Flores
NOES: (2) Gallagher and Spiro
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.
Linda Noah Vice Mayor Eck referred to a letter received from Linda Noah, a resident
of Rancho Feliz Mobile Home Park which contains several concerns. Staff was
directed to work with Ms. Noah to assist with the matters listed in her letter.
Child I.D. Councilman Reilly brought a letter from Assemblywoman Valerie Brown to the
Council's attention regarding Rohnert Park's newly installed Child I.D. Program
and noted the complimentary remarks in said letter. Mayor Flores added that
information on the Child I.D. Program had been distributed to each member of the
Mayors' & Councilmembers' Association of Sonoma County.
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Rohnert Park City Council Minutes
April 9. 1996
Matters from /for Council:
Councilmember Spiro commented on the possible expansion of the Senior Center
Senior by moving some of their activities into one of the lesser used rooms in the Finance
Center Department offices. She also complimented Senior Scheduler Vicki Wilkerson and
notified the Council that drivers are sorely needed for the senior nutrition program
due to the fact that it has doubled the number of meals needing home delivery.
Coaches Councilman Reilly informed the Council of the excellent Coaches Clinic sponsored
Clinic by Little League Baseball and said video tapes and workbooks would be
distributed to the Rohnert Park Recreation Department for review.
Paratransit Mayor Flores noted that there have been no responses to the opening on the
Paratransit Coordinating Committee as of this date.
Mayors & Mayor Flores stated he will be attending the City Selection Committee meeting on
Council- April 11, 1996 and that he will be giving a vote of support for Councilman Reilly
members to serve on the Hazardous Materials Management Commission. It was noted that
Assn. the Councilmembers were leaning towards supporting Pat Wiggins for the North
Coast Railroad Authority, but that the Mayor needs to be given flexibility on this
matter.
ABAG Councilmember Spiro advised she will not be available to attend the ABAG Spring
General General Assembly and queried if Councilwoman Gallagher, who is the alternate,
Assembly would be able to attend. Councilwoman Gallagher stated she could not commit at
this time.
Irrigation City Manager Netter informed that staff is working on a ceremony for turning on
System the wastewater irrigation- system and that the week of April 15th looks like a viable
Ceremony time for this event. The City Council suggested early afternoon on Friday, April
19th, and requested that it be held either at Sonoma State University or at the
Rancho Cotate High School.
Calif. City City Manager Netter referred to a letter received requesting that our city submit its
Flags flag to be on display at the California Railroad Museum. Noting that the City does
not currently have a flag, he suggested that the Rohnert Park Association for the
Arts be given the task of designing a flag. Council concurred.
City of Sonoma Sesquecentennial - (150th Birthday) - It was noted that this
event is scheduled for June 14, 1996.
Joint meeting with School District - Councilman Reilly asked if it would be
appropriate to schedule a joint meeting with the School District in the near future
to discuss items #'s 10 & 12, i.e. Cotati, Public Safety, truancy, violence matters
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Rohnert Park Cit%l Council Minutes
April 9. 1996
and annexation of Creekside Middle School. It was the consensus of the Council
that a joint meeting could possibly be scheduled sometime late in the summer.
Live Broadcast of Commission meetings - Vice Mayor Eck opined that if live
broadcasting is to be done, it should be provided for all Commission meetings and
not be singled out to just Planning Commission meetings, as the other City
Commissions also play an integral role. Noting this fact, he feels that this would
be a very costly undertaking. Staff was requested to look into the cost of live
broadcasting meetings and the possibility of using a part time employee to man the
equipment.
Councilmember Spiro requested the City Attorney to research whether it is a
conflict of interest to have live broadcasts of City Council meetings during an e
election year when incumbents may be running again and could use the broadcasts
to their advantage, i.e. campaigning.
Bike Day -Vice Mayor Eck requested the City to observe May 16, 1996,
"Commute to Work on Your Bike Day," and to prepare some kind of notices
regarding same.
Teen Recognition - Mayor Flores noted a Teen Recognition Program is being
conducted in the City of Petaluma and requested that certificates be prepared for
the two or three Rohnert Park youths who are being honored.
General Plan - Councilman Reilly requested that D Level of Service (LOS) in the
General Plan be included on the next agenda.
Helen Putnam Award* CouAcilmember Spiro suggested that the City may want
*correction @ to consider submitting � $
4/23/96 mtg . gs Community Partnership Program as a
possible nominee for the League of California Cities "Helen Putnam Award."
Jobs Hotline - Councilmember Spiro said she has been informed of an excellent
Jobs Hotline Program being implemented by the City of Benecia and suggestied
staff may want to look into it.
City Manager's Report:
Public Comment at Regular Meetings - City Manager Netter said, in discussions
with City Attorney Flitner, it is advised to establish certain regulations regarding
public comment at regular meetings. City Attorney Flitner is working on those
regulations and should have them ready for the next agenda.
Economic Development/CDC - City Manager Netter advised that there may be
ERAF (Educational Reimbursement Augmentation Funds) available for economic
development and if the Council wants this as a priority, some money could be put
aside for an economic development person or contractor, or funds could be
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Rohnert Park Cite Council Minutes
April 9. 1996
provided for a partnership with businesses on the west side to focus on economic
development. This matter should be discussed further at budget time.
Classification /Compensation Study - City Manager Netter informed that the
report on the job classifications has been received from the consultant and
distributed as appropriate. Following staff level discussions, the study will be
referred back to the consultant to prepare compensation recommendations.
Re -Roof of City Hall - City Manager Netter stated that two bids have been
received; one for $75,000 and another for $45,000. He commented that no other
improvements will be made such as new carpeting or painting until the roof is fixed
correctly.
Department of Education /Community Sch000 & T's Academy - City Manager
Netter asked for Council's direction regarding selecting a site for these entities, i.e.
the Golis matter, do we want to move on it? We could possibly use portables.
Mayor Flores stated that he wants to offer a location for both organizations.
Upon motion by Mayor Flores, seconded by Councilwoman Gallagher, and
unanimously approved, it was the consensus of the Council that a site be provided
for both organizations. Councilman Reilly requested a legal opinion on the site
and that this be formally scheduled as an agenda action item.
Proposition 62 - City Manager Netter referred to staff report prepared by Finance
Director Harrow regarding the effects of Proposition 62 and actions the City has
taken relative to collection of certain taxes. Said report was provided to the
Council for its information. There is currently proposed legislation (SB 1590)
which would not force cities to rebate taxes and would allow taxes to remain at
current levels as of December 14, 1995.
Rancho Adobe Fire District - City Manager Netter stated that the Council has
been provided with a memorandum from the Department of Public Safety
regarding the status of the automatic aid agreement.
City Attorney's Report:
Campaign Signs -City Attorney Flitner referred to his letter to Mr. Charles Kitchen regarding
campaign signs on employees' properties with City vehicles for explanation of his
opinion on this matter (a copy of said letter is attached to the original set of these
minutes).
Hillsboro City Attorney Fliltner reiterated that the Hillsboro Properties matter was decided
adversely to the City and the City will appeal.
14
Rohnert Park Cite Council Minutes April 9. 1996
Amicus Requests - City Attorney Flitner opined that the City support both amicus requests on
tonight's agenda, i.e. (1) County of San Bernardino vs. City of San Bernardino
which involves 911 calls and whether a city or fire district can provide emergency
medical services; and (2) Souza vs. City of Antioch which is a police matter
involving a police hostage negotiation matter. It was the consensus of the Council
to support both of these matters.
Planning Commission -State Authorized Body - Override by City Council - City Attorney
Flitner advised that if the Council is split on an item brought up from the Planning
Commission, the lower body decision prevails. This is the rule in appellate
practice. The Planning Commission is a body authorized by the State and
appointed by the City Council.
Williamson property - Under miscellaneous matters, City Manager Netter suggested the
Williamson property matter be placed on a future agenda as to whether it should
be open space or a possible location as a transit station, noting that this property is
a small piece of land near the Wal -Mart between US 101 and the railroad tracks.
Council directed that a report be prepared for information only and this item not be
agendized at this time.
Adjournment - There being no further business and no one else wishing to speak, Mayor Flores
adjourned the meeting at approximately 9:40 p.m.
r
Deputy City Clerk
lr
15
Mayor
Rohnert Park City Council Minutes ( 9 ) September 26, 1995
Mayor Eck said he would like to have the audit review on the public record and
suggested deferring action on this item until the report can be obtained from TAC.
Mr. Lindsay responded he would provide the audit report. Mayor Eck signified it
would be beneficial to review the audit to at least acknowledge that this Council
has done so prior to the raising of sewer rates.
PUBLIC HEARING: Mayor Eck opened the public hearing at approximately 8:39 p.m.
Public comments were submitted on speaker cards or other written and /or verbal
communications expressing support or opposition to this item as follows:
Nanci Spangler, 7292 Calcutta Court, questioned whether the decision for rate increases wouldn't be
better left to the citizens. Citizens should have the opportunity to have their say in
anything asking them for funds. She recommended putting this on the ballot.
Mayor Eck responded the Council is democratically elected to be responsible for
representing the people with certain decision making efforts. He made the above
recommendation to defer action on this item until the referenced audit on cost
allocations can be reviewed.
Councilman Reilly gave the example of designated efforts or projects that everyone
initially thought were justified and asked how could the payment of these justified
debts be made if the people then voted "no" on ballot measures.
CORRECTIONS (4) below presented at the 4/9/96 City Council meeting:
Per letter communication from Mr. Hudson (corrections underlined - deletions lined out)
John Hudson, 399 Bonnie Avenue, compared the overlap between population increases and the
increased degrees of technology needed, which results in requesting the population
to subsidize the cost. He reviewed his concerns as follows: this item was on the
agenda in March and previous comments by the Mayor referenced governing in the
form of fees, that no one has received rebates from development fees, and hopefully
they pay the fees; the interest is not to destroy our greenbelt; a designated
property was sold which has left us stuck with paying for it; the previous General
Plan effort showed *(l) 5"1 67% of the community wanted to hold the population
at 40,000 compared to annexation recommendation of City Councilmembers;
*(2) -n-Q- environmentalists told signified developer to put stores like K -Mart, Wal-
Mart, etc. beside each other but upon reflection anyone with common sense would
realize otherwise giving the example that *(3) Mendoeine un Mexico would be
the richest *(4) e0u�t3� in the hemisphere; the City cannot be trusted to
make this decision; a signified person claiming background information has told Mr.
Hudson that the gage has been broken for several years so there is an attempt to
suppress knowledge; a ballot measure is needed to require voter approval of
annexation which would eliminate trouble caused by these tactics.
There being no one further desiring to speak, Mayor Eck closed the public hearing
at approximately 8:46 p.m.
Highlighted corrections unanimously approved by the City Council
at its meeting of April 9, 19960
Deputy City Clerk
(A ' ' //
DATE: April 9, 1996
TO: Honorable Mayor and City Council of Rohnert Park
FROM: Dave Corkill
The following proposal is made with respect to the Rohnert
Park Showplace project to be located on Golf Course Drive;
1. A total of 3,000 seats will be permitted to be installed
in the facility.
2. During the first 12 months of operation, no more than
2,560 seats will be occupied at any one time. Applicant
and the City of Rohnert Park will enter into an agreement
whereby seating occupancy will be monitored. Monitoring
will include the following;
a. Ticket sales reports will be furnished to the City at
__.__specified intervals:
b. Access will be granted during normal business hours to
a city official for the purpose of counting patrons or
examining our ticketing system and sales monitor.
3. A penalty of $500.00 per day will be assessed in the event
that more than 2,560 seats were occupied at any one time
on any one day. In the event that a violation occurs more
than three times in any 12 month period, applicant agrees
to remove 440 seats from the facility.
4. Following the first 12 months of operation, applicant may
request that the City of Rohnert Park review the operation
of the theatre for the purpose of requesting an increase in
seating occupancy. Should applicant be granted the use of
all 3,000 seats through this process, then applicant agrees-
to enter into a reciprocal easement agreement with the City
of Rohnert Park for joint usage of the Golf Course parking
lot and theatre parking lot. In the event that the increase
in seating occupancy is permitted, then paragraph #2 and #3
of this agreement will be deleted.
5. Applicant will bear the cost of legal fees in the event of
a violation as specified in this agreement.
FEB- 20 -196 TUE 16:41 ID:MDNRDE FLITNER ET AL TEL ND:787- 528 -3366
CITY OF ROHNERT PARK
6750 Qommarce boulevard
Rchnert Park? Sonoma county, California 94938
(707) 795 -3411
February 16, 1996
Mr. Charles T. kitchen
4943 Fern Place
Rohn+ert Park, Californi n 94928
Dear Mr. Kitchen:
#655 P82
The City Xanager contacted me recently regarding your concern
about city employees, speoifically city employees who are
antitl,ed to take city vchicsles home with them, displaying
campaign signs in their yards As I understand it you believe
that the aity should direct the employees who park city vehicles
on their property not to display such campaign signs, or in the
alternative, the city should not allow employees who insist on
displaying the signs to take city vehic:lwu home.
As I understand it, the city allows certain employees to take
their assigned vehicle home because if an emergency arises they
have the vehiviee available and will not have to drive to the
city corporation yard to respona, in the case of the police cars
and law enforcement personnel, the City Council believes that
there is some benefit in those vehicles being out in the
community even when not in rise. At least the public knows that
policemen live or are available in the area of the parked
vehicis t
If the city tells the employee not to display a sign that is in
compliance with the coning code and all applicable law and which
their neighbor can display, I believe the city would ba &doused
of discrimination (denial of equal protection) and restriction of
an employee's First Amendment rights.
If the city wants to tell the employee not to take the vehicle
home that is a policy matter for the City Council.
If an officer or city employee, while on duty, hands out campaign
--- FEB-20-196 TUE 16:42 I D: MDNRDE FLI TNER ET AL. TEL ND: 707 - 528• -_,866 #655 PB —
iiterature, appears with a candidate Qutaide the performance of
duties assigned (for example, a police eagort or an assigned
police body guard would he a duty assignment), this the city can
anti, I relieve, has addressed.
Vary truly yours,
John D. Flitner
City Attorney
cc. City Manager
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