1994/11/08 City Council MinutesRohnert Park City Council Minutes
November 8, 1994
The Council of the City of Rohnert Park met this date in regular
session cone encing at 6:00 p.m. in the City Offices, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Reilly presiding.
CALL TO ORDER -Mayor Reilly called the regular session to order at approximately
6:24 p.m. and led the pledge of allegiance.
Mayor Reilly advised that a closed session commenced this evening at
6:00 p.m. to discuss litigation matters as listed on the agenda
attachment regarding Hillsboro vs. City of Rohnert Park, Hallock vs.
City of Rohnert Park, and Clayton, Williams, Sherwood and Indian
Springs vs. City of Rohnert Park. The City Attorney will review these
matters later during his report as signified on the meeting agenda.
The Mayor also referred to recent rent increase notices from mobile
home park owners to park residents and reported that the City Attorney
would draft a letter in response.
ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Hollingsworth, Spiro
and Mayor Reilly
Absent: (0) None
Temporary Youth Committee present: Representative Jennifer Mello
Staff present for all or part of the meeting: City Manager Netter,
City Attorney Flitner, Assistant City Manager Leivo, Director of
Public Works /City Engineer Brust and Planning Director Skanchy.
Approval Upon motion by Councilman Hollingsworth, seconded by Councilwoman.
of Spiro, the minutes of October 18, 1994 for both the "M" Section
Minutes Neighborhood Meeting and the General Plan Update Work Session, were
unanimously approved as submitted.
Corrections and /or changes were made to the October 25th, 1994 minutes
as follows:
Per Councilwoman Spiro with confirmation by City Manager Netter, the
commnt on page 7 about re- negotiating the golf course contract was
made "in jest" and mentioned more as a "tongue in cheek" comment and
that there was no discussion really about re- negotiating the contract;
Per Councilwoman Spiro, on page 7, her report on the productive League
of California Cities Annual Conference in Long Beach reviewed numerous
irrportant matters covered at this meeting;
Per Councilwoman Spiro, on page 7, made a minor correction in
reference to the United Way item; and
Rohnert Park City Council Minutes (2) November 8, 1994
Approval of Minutes (cont'd):
Councilwoman Gallagher referred to page 10 regarding the Mosquito
Abatement Board appointment and said she thought the motion was to
wait until after election as she would not have voted for this
appointment. City Attorney Flitner responded to Council inquiry that
Councilwoman Gallagher could change her previous "affirmative" vote to
the "no" vote but it should be signified in the record along with
Ms. Gallagher's above- stated reason.
Y i.......
uY %CJULLC:1 inkal Hoi l ingsworth., seconded by Councilwoman
Spiro, the minutes of October 25, 1994 including above - reviewed
corrections and /or changes, were unanimously approved as amended.
Approval City Manager Netter referred to list previously distributed to Council
of responding to questions asked about the bills for approval at the
Bills previous Council meeting.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Gallagher, City bills presented per the attached list in the
amount of $734,728.81 were unanimously approved.
Non - agendaed Mayor Reilly asked if any Councilmember had any items to add to the
matters agenda. Vice Mayor Eck signified miscellaneous items.
Unscheduled
Mayor Reilly stated that in compliance with State Law (The Brown Act),
Public
citizens wishing to make a comment may do so at this time. Persons
Appearances
speaking under unscheduled public appearances are requested to submit
completed cards to the recording clerk.
Marie Vinsick,
38 Estrella Drive, expressed concern about a recent attempted child
abduction at Rancho Feliz Mobile Home Park. She suggested flyers be
distributed to parents and local schools. Secondly, Ms. Vinsick
shared contents of her letter previously distributed to Council
expressing numerous concerns related to the notices from mobile home
park owners pertaining to back rents owed and 90 day notice of 1995
rent increases (copy attached to original set of these minutes).
Julie Wood,
7292 Calcutta Court, said she went immediately to the Department of
Public Safety when she heard about the attempted child abduction
incident and found out it was a case of a father trying to get custody
of the child. Even so, she agreed efforts should be made to provide
information to let people know about attempts.
Charles Kitchen, 4945 Fern Place, asked for verification of the golf course renego-
tiation comnent on page 7 of the October 25th, 1994 minutes. Mayor
Reilly responded that a correction to the minutes was previously
directed that the comnent was said "tongue in cheek" or "in jest ".
Mr. Kitchen signified there were too many representatives from the
Golf Club at the last meeting and thought maybe there should be only
one, or possibly two representatives from Mountain Shadows. At this
*CORRECTION time, Mr. Kitchen said he would like to nominate himself as that one
from 11/29/94 person representing the1Gcr1-f -,ehb7 Council meeting: Per Councilwoman Gallagher, change to representing the citizens of
the Golf Course Committee.
Rohnert Park City Council Minutes (3) November 8, 1994
C O N S E N T C A L E N D A R
Mayor Reilly asked if any Councilmember had any questions regarding
the matters on the Consent Calendar.
Acknowledging the City Manager /Clerk's report on the posting of the
agenda.
Resolutions:
No. 94 -169 EXPRESSING APPRECIATION TO TRUMAN E. ALLEN
No. 94 -170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
PROCLAIMING NOVEMBER 16, 1994 "FRIENDS OF THE BAY ARE RONALD VCDONALD
HOUSES DAY"
No. 94 -171 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING
A DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT WITH GREAT
WESTERN BANK
No. 94 -172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING
THE MEMORANDUM OF UNDERSTANDING WITH THE SONOMA COUNTY WASTE
MANAGEMENT AGENCY TO PROVIDE A USED OIL COLLECTION AND RECYCLING
EDUCATION PROGRAM
No. 94 -173 A RESOLUTION AUTHORIZING SUBMITTAL OF A COMPETITIVE NATCHING GRANT
APPLICATION
No. 94 -174 A RESOLUTION AWARDING CONTRACT TO PURCHASE A USED HP /3000 -937
MINI - COMPUTER
No. 94 -175 A RESOLUTION APPROVING ANETO ENT NUMBER ONE TO THE AGREENENT BY AND
BETWEEN THE VOLUNTEER CENTER OF SONOMA COUNTY AND THE CITY OF ROHNERT
PARK TO PROVIDE VOLUNTEER SERVICES FOR RESIDENTS OF THE CITY OF
ROHNERT PARK
No. 94 -176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REJECTING THE CLAIM OF PATRICIA D. BOWER (ON BEHALF OF HER SON,
JON MICHAEL BOWER)
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, the Consent Calendar as outlined on the meeting's agenda, was
unanimously approved.
Temporary Youth Committee report - Representative Jennifer Mello reviewed highlights
of Youth Committee Agenda of November 7, 1994 with attached October
24, 1994 meeting minutes previously provided to Council. She advised
that the Youth Committee decided to have its next regular meeting on
November 21st, 1994, even though it is during the Thanksgiving Holiday
week. Councilwoman Spiro suggested the Youth Committee consider an
item on its next meeting agenda about having a teen section in the
ComYUnity Voice newspaper similar to Santa Rosa's teen report letting
citizens know what is going on with the youth of the community.
Ms. Mello said the Youth Committee has also discussed having tee
shirts with Teen Council logos for people to notice.
Rohnert Park City Council Minutes (4) November 8, 1994
Scheduled Public Appearances:
1. David Jack, 8761 Lords Manor Way re. mandatory garbage bill - City Manager Netter
said this resident had requested the referenced :item be placed on the
agenda and had indicated he would be here to discuss it. Mr. Jack was
not present at this Council meeting.
2. Rev. Sam `lhazpe of T's Academy re. Thanksgiving Day Dinner - Rev. Tharpe advised
that this 5th annual event would be held at Burton Avenue Recreation
Center r r. _ _ _
Cente i.....:<< 10:00 a.iii. i,o 2:UU p.m. He expressed appreciation for
past and present Council participation and support of this effort.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, to contribute $500 toward this annual Thanksgiving Day Dinner
event, was unanimously approved.
Council agreed with Councilwoman Gallagher's request to place review
of T's Academy property /building progress on the next Council agenda.
3. Tom Unphreys, 1521 Madison Avenue re. petition for stop sign on Madison Avenue -
Mr. Unphreys referenced this petition previously presented to Council.
He explained neighborhood reasons related to safety factors for the
request, including preference to a stop sign as compared to the
portable trailer recommended by staff.
Discussion concluded upon motion by Councilwoman Spiro, seconded by
Councilwoman. Gallagher, and unanimously approved, to place on the next
agenda a resolution for consideration of the Madison Avenue stop sign
along with staff report regarding recommendations /options to consider.
Mobile Home Park matter: Rent Increase Notices to Park Residents - Mayor Reilly
invited public comments on this item prior to the City Attorney report.
Stan Miller, 154 Madrigal, referred to the Rancho Feliz rent increase notice
provided to Council and asked what the Council was going to do about
the problem. He said the matter needs to be settled by the City
Council and not the mobile home park residents.
John Maxwell, 191 Zabagoza, Rancho Feliz, questioned how the mobile home park owners
could formulate retroactive rent increases to a person, like himself,
who did not even live in the park until recently. He asked how could
they get away with tactics like this and that it makes no sense to him.
City Attorney Flitner responded to comments of the first speaker that
people probably have the right to send mail and the City cannot stop
anyone from sending items like the recent rent increase notices.
However, that does not mean what they send has any validity. City
Attorney Flitner confirmed he has been directed by the Council to
draft a letter telling the mobile home park owners that the City
relies on Ordinance 494. Mr. Flitner reviewed progress of the mobile
home rent control litigations including Sine I vs. the City on appeal,
Hillsboro vs. the City with demonstration to keep Ordinance 494, and
the Sime Greenbook case vs.the City with plans to be argued this month.
Rohnert Park Citv Council Minutes (5) November 8, 1994
Marie Vinsick, 38 Estrella Drive, Rancho Feliz, requested the City Attorney to
address in the response letter to the mobile home park owners, with
Council's consent, the rent increase that is to take effect January
1995 since the Rent Control Board has not decided what that will be.
City Attorney responded he could mention it in the letter and it has
been discussed briefly by staff in preparation of the review meeting a
week from Thursday. The problem probably has to do with the likeliness
of new rent increase notification requirements being changed from
sixty (60) to ninety (90) days and the park owners are trying to get a
notice out for February 1st increases for the CPI. Once the actual
requirement is established, the City would expect the park owners to
conloly. City Attorney thought the rent increase notices the mobile
home park residents received had to do with the anticipated 90 day
requirement. City Attorney Flitner responded to further question from
Marie Vinsick that if the mobile home park owners have not adequately
noticed the rent increases enough to qualify for compliance with legal
requirements, he would think they would have to do it again.
Sonoma County Family YMCA expansion request and City contribution -
City Manager Netter referred to plans on display and letter dated
October 20, 1994 from Jeannie Dulberg, Rohnert Park YMCA Director,
regarding the request to expand the local YMCA facility to add a
restroom and utilization of contribution designated in the City
budget. Mr. Netter explained the item as reviewed in the Council
Meeting Memo and responded to Council questions.
Discussion concluded upon motion by Councilman Hollingsworth, seconded
by Councilwoman Spiro, distribution of the $5,000 contribution
previously designated in the City budget to the Rohnert Park YMCA for
above- reviewed expansion, was unanimously approved.
Business License Ordinance revisions:
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTERS 5.08
No. 594 AND 5.12 OF THE ROHNERT PARK MUNICIPAL CODE RELATING TO BUSINESS
LICENSE TAX
City Manager Netter explained the ordinance as reviewed in the Council
Meeting Memo and responded to related Council questions.
Upon motion by Councilman Hollingsworth, seconded by Councilwoman
Spiro, and unanimously approved, reading of Ordinance No. 594 was
waived and said ordinance was introduced.
Santa Rosa Subregional Sewerage System items:
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZ-
No. 94 -177 ING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO AGREEME FOR USE OF
SANTA ROSA SUBREGIONAL SEWERAGE SYSTEM
City Manager Netter explained the resolution as reviewed in the
Council Meeting Memo and responded to related Council questions.
Upon motion by Councilwoman Gallagher, seconded by Vice Mayor Eck, and
unanimously approved, reading of Resolution No. 94 -177 was waived and
said resolution was adopted.
Rohnert Park City Council Minutes (6) November 8, 1994
Resolution A RESOLUTION APPROVING AN AGREEMENT WITH THE CITY OF COTATI REGARDING
No. 94 -178 SEWER CAPACITY ALLOCATIONS (with respect to Sonoma State University)
City Manager Netter signified that Bonnie Long, City Manager of
Cotati, was present at this meeting to respond to Council questions,
if desired. This item is scheduled for review on the meeting agenda
of the Council of the City of Cotati tomorrow night, November the 9th,
1994. Mr. Netter explained the resolution, as reviewed in the Council
NL-eting Memo. He and Director of Public Works /City Engineer Brust
responded to related Council questions.
Upon motion by Councilman. Hollingsworth, seconded by Councilwoman
Spiro, and unanimously approved, reading of Resolution No. 94 -178 was
waived and said resolution was adopted contingent upon approval by the
City of Cotati.
Councilwoman Councilwoman Spiro left the chamber at approximately 7:29 p.m. during
Spiro leaves review of the staff report for the next agenda item and returned to
& returns the chamber at approximately 7:32 p.m.
Abandoned Shopping Carts - City Manager Netter reviewed contents of staff report
regarding this item. He and City Attorney Flitner responded to
Council questions.
Vice Mayor Eck said he was not opposed to introducing an ordinance but
was not completely convinced of the necessity. He hoped the stores
could develop some type of concrete proposal for handling the
situation between now and the time ordinance adoption is considered.
Public Mayor Reilly opened the meeting for public comments at approximately
Cori-tients 7:34 p.m.
Larry Kayton of Roger Wilco's, reviewed their cart retrieval system and did not feel
stores like theirs should be included in reprimands for a few abusers.
Discussion included explanation by City Manager Netter that the
ordinance would have a provision whereby the City Manager would have
the authority to waive conditions of the ordinance if a store has a
cart retrieval system that is working. Councilman Hollingsworth
recommended inclusion of language similar to provisions in the burglar
alarm ordinance for conditions of the ordinance to be applied
consistent with the number of incidents.
There being no one further desiring to speak, Mayor Reilly closed the
public comments at approximately 7:40 p.m.
Ordinance AN ORDINANCE OF THE CITY COLNCIL OF THE CITY OF ROHNERT PARK ADDING
No. 595 CHAPTER 6.30, "ABANDONMENT OF SHOPPING CARTS ", TO TITLE 5 OF THE
ROHNERT PARK MJNICIPAL CODE
Upon motion by Councilman. Hollingsworth, seconded by Councilwoman
Spiro, including adding language for a minimum number of abandoned
carts before a fee is charged, reading of Ordinance No. 595 was waived
and said ordinance was introduced.
City Manager Netter said the resolution listed on the agenda for
this item would be carried over to the next agenda to be considered
following a scheduled public hearing, consistent with consideration of
adopting the above- introduced ordinance.
Rohnert Park City Council Minutes (7) November 8, 1994
Planning and Zoning matters:
File No. 1585 - Laguna Apartments / Codding Enterprises request to modify conditions
of approval for the Laguna Apartments (originally approved on July 12,
1994 by the City of Rohnert Park) located at 325 Laguna Drive in the
RE:1500 P.D. District
Vice Mayor Eck referred to his questions raised at the previous
Council meeting pertaining to variances he noticed in Planning
Commission staff reports for this item. He had not actually called it
up but was trying to clarify certain aspects of the staff reports for
consistency with the attached letters. Vice Mayor Eck signified no
disagreement with the project and after further review of the matter,
his questions pertaining to items 3, 8 and 9 have been resolved.
A motion was made by Councilman Hollingsworth, seconded by
Councilwoman Spiro, and unanimously approved, for the Council to take
no action on File No. 1535 and to uphold the Planning Commission
decision for the Laguna Apartments /Codling Enterprises project.
*CORRECTION from 11/29/94 Council meeting: Per Councilwoman Gallagher, include reason below.
Councilman
Hollingsworth- Councilman Hollingsworth left the chamber at approximately 7:40 p.m.
leaves to avoid a conflict of interest because of having a business relationship
with the Rosens of the next Council agenda item.
File No. 1657 - M. P. Rosen, Inc. /Century 21 Classic Properties re. Architectural
Review for a 986 sq. ft. second story addition to the M. P. Rosen,
Inc. Century 21 Classic Properties office building located at 6601
Commerce Blvd. in the CR:PD District - Planning Director Skanchy
reviewed the staff report for this item.
Upon motion by Councilwoman Spiro, seconded by Vice Mayor Eck, and
to uphold the Planning Commission approval of File No. 1657 regarding
Architectural Review, was unanimously approved with Councilman
Hollingsworth absent.
Councilman
Hollingsworth - Councilman Hollingsworth returned to the chamber at approximately
returns 7:45 p.m.
Comnunications- Comnznications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes. No one responded.
City Manager's report:
1. FAIRE contribution - City Manager Netter said the $15,000 check from FAIRE as a
contribution for purchase of the animal cages at the new Animal
Shelter was received today.
2. Police Grant application - City Manager Netter advised that the paperwork was
received today for the recent award for the Department of Public
Safety under the Community Development Block Grant (CDBG) Program.
Rohnert Park City Council Minutes (8) November 8, 1994
City Manager's report (cont'd):
City Manager requested Council's approval to execute the agreements as
previously approved on the Community Development Block Grant (CDBG)
Program. Mr. Netter indicated that the Sonoma County Community
Development CorYmission was the administrating agency and that this
item was received today. In order to move on these projects, he asked
for Council consideration, as an emergency, to authorize the City
Manager to sign the agreement so that funding could proceed.
A motion was made by Cot lnri l:. w- nm, -_a-_n _ 'zr�irn .::: u..Wit :. -.Y v rv: — i
i i VW-Iit viii
Gallagher, and unanimously approved, designating an emergency and
authorizing the City Manager to execute the above - reviewed agreements
related to the City's award under the Corrnmity Development Block
Grant (CDBG) Program.
City Attorney's report:
1. City Attorney reported on Closed Session items as follows:
a) Hillsboro vs. City of Rohnert Park - As soon as approval as to form
is received, City Attorney will proceed with the appeal. That time
factor has not started running;
b) Hallock vs. City of Rohnert Park - Because of changing judges for
this case, it has been delayed to December 20th, 1994. It should
move quickly and City Attorney anticipated the same ruling of the
previous judge for no more extensions;
c) Clayton, Williams, Sherwood and Indian Springs vs. City of Rohnert
Park - Because of the Hillsboro case, the City Attorney reported
that the plaintiffs have requested a delay and to wait for the
results of Hillsboro case. Council concurred.
2. Amicus Curiae Brief to the Dept. of Alcoholic Beverage Control - City Attorney
referred to copies provided to Council of this petition by the City of
Rohnert Park to file the referenced Amicus Curiae Brief and reviewed
contents therein.
Matters from/for Council:
1. United Way funds - Councilwoman Spiro requested this item be deferred.
2. Thanksgiving week - cancellation of November 22nd, 1994 City Council meeting -
Discussion concluded upon motion by Vice Mayor Eck, seconded by
Councilwoman Gallagher, with Councilman Hollingsworth dissenting
(signifying preference to meeting cancellation and not to schedule an
additional meeting), to change the next regular Council meeting date
from November 22nd because of being 'Thanksgiving week to the following
Tuesday of November 29th, 1994, was approved.
3. Set /confirm next General Plan Update Work Session - It was the consensus of the
Council to wait for the new Council to be seated before setting the
date for the next General Plan Update Work Session.
Rohnert Park City Council Minutes (9) November 8, 1994
4. Public Safety grant - Councilwoman Gallagher said people have been asking about
how the Public Safety grant will be implemented and requested a review
of the calendar and time schedule on the next Council agenda.
5. Trip Reduction Ordinance (TRO) - Vice Mayor Eck referred to memorandum dated
October 28, 1994 from Director of Public Works /City Engineer Brust
regarding this ordinance and pointed out that this puts the City under
the umbrella of the Bay Area Air Quality Management District (BAAQND).
City Engineer Brust added that they took jurisdiction on June 1st,
1994 and that the provision was in the City's ordinance that if
another agency has jurisdiction that exceeds the City's, then the City
defers to that one. Vice Mayor Eck confirmed he had no quarrel with
doing this, but wanted to bring attention to the matter.
6. Compost Delivered to Community Garden - Vice Mayor Eck referred to memo dated
October 24, 1994 regarding compost and the Corr amity Garden. He
pointed out the importance of the screening process to get it put
in place.
7. Councilwoman Spiro wished everyone a Happy Thanksgiving on behalf of the Council.
Unscheduled
Public Mayor Reilly asked if anyone in the audience wished to make an
Appearances appearance at this time.
Charles Kitchen, 4945 Fern Place, expressed appreciation to the out -going Council-
member Hollingsworth with the close of the election night, and
extended a welcome to one, or possibly two, new Councilmembers.
Adjournment Mayor Reilly adjourned the
Tuesday, November 29th,
Thanksgiving week meeting.
Depf C' Clerk
jh
meeting at approximately 7:55 p.m. to
1994 because of cancellation of the
!/ FA
Marie Vinsick
38 Eatrella Drive
Rohnert Park, California
Rancho Feliz
Joe Netter, City Manager
Carl Lebo, Assistant City Manager
John Flitner, City Attorney
Jim Riley, Mayor
Rohnert Park City Council
As you are aware, most rent control spaces have been "noticed"
in the last week in amounts of $5000.00 and up, reported by park owners
as back rents owing, along with a substancal rent increase. As per these
notices I would like to point out:
1. Total demand is inaccurate as there has been no off set for rents
collected under ordinance 494.
2. Additional $94.80 is " +8tayydd" due to an appeal. Also please
note the $94.80 was not given as rent increase as per green book, but
rather petitioned under Ordinance 494 N.O.I., therefor should not be
considered under the green book.
3 3. I asked to see my file for copies of notices on yearly rent increases.
Helen Taylor was with me and asked for her file, too. After searching
file cabinet as well as files on top of the desks, our records could not
be found. At this time Kimberly Hall, Operation Manager, rememberedd she
had been working on files at home and had our personal files in her car.
She retrieved a number of "confedintal" files from her car and found
both mine and Mrs. Taylors. Kimberly showed me the notices served on me
since 1988, four (4) notices in total. I acknowleged recept of the 1988
and the N.O.I. $94.80 notices but the others were foreign to me, Also
I noticed John Turzer's signature was written by the same hand on three
of the four notices.
4. T found mathematical errors.
5. The last paragraph on page two is written in such a manner the
average person would not be aware that this is a notice of a 1.5° increase
Der 494 for 1995. Did I miss something? T wasn't aware the rent control
board had set the rent increase for 1995 as vet.
I personally feel the manner in which this letter is written
is designed to be threatening rather than informative.
Our owners are planning an all park meeting in about one month.
What will befall us then, onlv God knows.
We have residents who moved into Rancho Feliz in the last vear
under 494 and were never aware until now about possible financial lihilities,
MaV God have MercV on us?
Marie Vinsick