1995/02/28 City Council MinutesRohnert Park City Council Minutes
February 28, 1995
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 Eck presiding.
CALL TO ORDER: Mayor Eck called the regular session to order at approximately 6:50 p.m. and
led the pledge of allegiance.
Mayor Eck advised that a closed session commenced this evening at 6:00 p.m. to
discuss litigation matters, real estate negotiations and personnel matters as listed
on the agenda attachment. No action was taken and there was nothing further to
report at this time.
ROLL CALL Present: (5) Councilmembers Flores, Gallagher, Reilly, Spiro and Mayor Eck
Absent: (0) None
Temporary Youth Committee absent: 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 OFMINUTES: Councilwoman Spiro referred to Regional Housing section on page 2
of the January 31 st General Plan minutes and said the discussion of Sonoma
County's effort to "challenge" ABAG forecasts, should be changed to "assisting
in the efforts pertaining to ABAG forecasts. Mayor Eck responded a paragraph
may be needed describing this effort.
Upon motion by Councilman Flores, seconded by Councilwoman Spiro, minutes
of January 31, 1995 as amended per above revised wording, and February 14,
1995 as submitted, were unanimously approved.
APPROVAL OF BILLS: City Manager Netter responded to Council questions related to the
February 14, 1995 bills for approval. He indicated Check No 65068 to Enjoy
Life Single Magazine was for advertising of the Performing Arts Center and
Check No. 56178 to Programmed for Success was for computer software
maintenance.
Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, City bills
presented per the attached list in the amount of $852,019.71 were unanimously
approved.
Rohnert Park City Council Minutes (2) February 28, 1995
NON- AGENDAED MATTERS: Mayor Eck asked if Councilmembers had any non - agendaed items
to add to the agenda. Councilman Reilly signified four miscellaneous items,
Councilwoman Spiro signified three and Councilwoman Gallagher signified one.
Mayor Eck advised these items would be handled under miscellaneous matters
from Council.
UNSCHEDULED PUBLIC APPEARANCES: Mayor Eck stated that in compliance with State Law
(The Brown Act), citizens wishing to make a comment may do so at this time.
Under legislation of the BI -0Wt1 I WL, !rl 111OSL %aSeS, LIM �-,UUTAAi %,aiuivL iiallUm aii
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.
Jake Mackenzie, 1536 Gladstone Way, referred to the presentation scheduled later on the agenda for
waste water and the Santa Rosa Treatment Plant. Mr. Mackenzie reviewed his
research related to this item including NPDES permit conditions, Cease and Desist
Order, at least a five year time frame for the proposed project, and costs related
to existing capacity needs and proposed alternatives. He recommended giving
careful consideration to current financial shortfalls signified in newspaper articles.
Daryl Dell, 4466 Graywhaler, shared contents of his letter distributed to Council expressing support of
no further development until the twenty year general development plan is in effect
and making various suggestions related to the need for quality construction of
homes and having a level playing field for all contractors.
Julie Wood, 7292 Calcutta, reviewed reasons for her recommendation that Councilwoman Gallagher be
appointed as Council Liaison for the Temporary Youth Committee.
CONSENT CALENDAR
Mayor Eck asked if Councilmembers had any questions regarding the matters on
the Consent Calendar which were explained in the City Manager's Council
Meeting Memo.
Acknowledging the City Manager /Clerk's report on the posting of the agenda.
Resolutions:
No. 95 -17 A RESOLUTION OF THE COUNCIL OF THE CITY Or ROH1,iERT PARK
PROCLAIMING MARCH 1995 AS "NATIONAL PURCHASING MONTH"
Rohnert Park City Council Minutes ( 3 ) February 28, 1995
No. 95-18 RESOLUTION CALLING FOR SEALED PROPOSALS FOR
COPIER/DUPLICATOR LEASE/PURCHASE PROGRAM FOR ALL CITY
FACILITIES
Ordinance for adoption:
No. 602 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING
CHAPTER 9.44 OF THE ROHNERT PARK MUNICIPAL CODE TO ADD
SECTION 9.44.115 LIMITING THE USE OF LEAF BLOWERS, LAWN
BROOMS, VACUUM APPARATUSES, OR SIMILAR DEVICES TO
CERTAIN HOURS
Parcel Map Approval: Approving Parcel Map 152 and accepting dedication of Laguna Drive and storm
drain easements.
Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, the
Consent Calendar as outlined on the meeting's agenda, was unanimously
approved.
TEMPORARY YOUTH COMMITTEE matters:
1. Report - In the absence of a representative, there was no Youth Committee report.
2. City Council Liaison appointment - Discussion concluded upon appointment by Mayor Eck of
Councilwoman Gallagher as Council Liaison, with Councilwoman Spiro as
alternate, to the Temporary Youth Committee with the two rotating attendance at
the meetings.
PLANNING COMMISSIONAPPOINTMENT, (to fill vacancy left by Vondina Farrell)
Vice Mayor Spiro introduced Mark Nilson as her nomination for this opening.
Upon motion by Vice Mayor Spiro, with unanimous Council concurrence, Mark
A. Nilson was appointed to the Planning Commission for a two year term to expire
December 31 st, 1996.
SANTA ROSA SUBREGIONAL SEWERAGE SYSTEM- PRESENTATION.•
City of Santa Rosa Representatives participating in this presentation were
Assistant City Manager Ed Brauner and Dan Carlson, and consultant from C112M
Hill, Vice President David L. Richardson. P.E. The presentation included updating
Council and responding to various Council questions on the following items:
1. Update on Long Term Project alternatives
2. Rohnert Park Waste Water Reuse Project ( Rohnert Park Pipeline)
3. Aquifer injection system including sites around Rohnert Park
4. Waste Water Storage Reservoir Update
RECESS Mayor Eck declared a recess at approximately 8:06 p.m.
Rohnert Park City Council Minutes (4) February 28, 1995
RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:15 p.m. with all
Councilmembers present.
CHAMBER OF COMMERCE BOARD re City sponsorship/Economic Development Brochure:
City Manager Netter advised this request for City sponsorship in the amount of
$5,000 was presented at the previous Council meeting concluding in Council
direction to place the item on this meeting agenda for further consideration.
Council was provided with letter dated February 10, 1995 from the Chamber of
wii&JC1e Ce Boaid i elated to dus matter and representatives were present at
tonight's meeting to respond to Council questions. Jeffrey Sommers, Chair of the
Economic Committee responded to Council questions further explaining
anticipated time frames, financial aspects and that this is a separate effort from the
City's annual support to the Chamber. City Manager Netter responded to Council
questions related to the budget and possibility of funding from the Promotional
Funds for this Brochure, giving the example of eliminating the City's Newsletter
to offset the costs.
Discussion concluded upon motion by Councilman Flores, seconded by
Councilwoman Spiro, with Councilwoman Gallagher dissenting due to budget
concerns, City sponsorship of the proposed Economic Development Brochure in
the amount of $5,000 from existing Promotional Funds, was approved.
EMPIRE WASTE MANAGEMENT - NEW TRASH CAN EXCHANGE POLICY - PROPOSAL:
City Manager Netter reviewed this item which was presented at the previous
Council meeting. The new can exchange rate would be $15.00 per exchange with
one exchange per customer per year being free, or no charge if picked up on site.
Discussion concluded upon motion by Councilwoman Spiro, seconded by
Councilman Reilly, the above - described new can exchange policy from Empire
Waste Management, was unanimously approved.
MOBILE HOME PARK PURCHASE PROGRAM - UPDATE:
City Manager Netter reviewed this item briefly discussed during closed session.
Upon motion by Councilman Flores, seconded by Councilwoman Spiro, to
proceed with preparation of appropriate documents for Rancho Feliz Mobile
Home Park Purchase Program for presentation at a future Council meeting, was
unanimously approved.
Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, to proceed
with Purchase Program negotiations for Las Casitas and Valley Village Mobile
Home Parks including infrastructure and engineering analysis, was unanimously
approved.
Rohnert Park City Council Minutes ( 5 ) February 28, 1995
COUNCIL COMMITTEE REPORTS.
As Council Liaison for the Chamber of Commerce, Mayor Eck confirmed meeting
with Chamber Board representatives related to formation of its Government
Advisory Committee and resulting in concurrence of efforts for the Economic
Development Brochure.
PLANNING AND ZONING MATTERS:
File No. 1661 - Codding Enterprises/Northbay Industries - General Plan Amendment and Rezoning to
designate two parcels totaling 4.2 acres from Regional/Commercial to High
Density Residential 10 to 30 dwelling units per acre in order to develop a 34 unit
one bedroom apartment project, a 24 unit apartment project for the
developmentally handicapped and a 71 unit apartment project for adults. Subject
properties are located as follows: Site #1 is 2.3 acres in area located on the north
side of Laguna Drive, 400 ft. west of Redwood Drive, south of and contiguous to
K -Mart Store. Site #2 is 1.91 acres in area located on the north side of Laguna
Drive, 1,200 ft. west of Redwood Drive, south of and contiguous to PetsMart and
Sears' Homelife Center stores - Planning Director Skanchy referenced plans on
display, shared comments per staff reports provided to Council, and responded to
Council questions. He advised a duel application public hearing was scheduled at
this time.
PUBLICHEARING: Mayor Eck opened the public hearing at approximately 8:50 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:
Hal Shirley, Northbay Industries - SUPPORT - Comments included review of joint efforts involved
with Codding Enterprises, Northbay Industries, and HUD grant.
Marie Vinsick, Rancho Feliz Mobile Home Park - RESERVATIONS expressed pertaining to traffic
concerns, no parks on the west side, and the need to address semi -truck parking
along Redwood Drive.
Linda Branscomb, 6585 Commerce Blvd. #188 - SUPPORT with preference to retain affordability.
Katherine Collins, 828 Lilac Way - SUPPORT - Comments included agreement with the need for parks
on the west side but this location would be an inappropriate location for a park
because of the surrounding shopping area and the potential problem of
unsupervised children at the park while parents shop.
Jake Mackenzie, 1536 Gladstone Way - SUPPORT with suggestion to improvise with innovative
walking/bike trails as an interim solution related to the need for west side parks.
There being no one further desiring to speak, Mayor Eck closed the public hearing
at approximately 9:02 p.m.
City Attorney Flitner, City Manager Netter and Planning Director Skanchy
responded to additional Council questions.
Rohnert Park City Council Minutes (6) February 28, 1995
Discussion concluded upon motion by Councilman Reilly, seconded by Mayor
Eck, to approve the rezoning of site 2 for the developmentally handicapped
apartment project but to delay any action on sites 1 and 3 until after the City
Attorney has an opportunity to further review affordability standards, and failed by
the following roll call vote:
AYES: (2) Councilman Reilly and Mayor Eck
RTC1 f /n1 r •t
ivvn3: k.3) Councumembers Flores, Gallagher and Spiro
ABSENT: (0) None
Mayor Eck further expressed opposition to housing for seniors away from the
Senior Center and other such conveniences for seniors.
Resolution
No. 95 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AMENDING THE LAND USE ELEMENT OF THE ROHNERT PARK
GENERAL PLAN FOR THE PROPERTY DESCRIBED HEREIN FROM THE
REGIONAL COMMERCIAL HIGH DENSITY RESIDENTIAL (10 TO 30
DWELLING UNITS PER ACRE) (FILE NO. 166 1)
Upon motion by Councilwoman Spiro, seconded by Councilman Flores, reading of
Resolution No. 95 -19 was waived and said resolution was adopted by the
following roll call vote:
AYES: (3) Councilmembers Flores, Gallagher and Spiro
NOES: (2) Councilman Reilly and Mayor Eck
ABSENT: (0) None
Ordinance for introduction:
Ord. No. 603 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING
CHAPTER 17 OF THE ROHNERT PARK MUNICIPAL CODE, TO REZONE
THE PROPERTY DESCRIBED IN THIS ORDINANCE FROM THE CR:PD
(REGIONAL COMMERCIAL PUD) DISTRICT TO RM:1500 PD (MULTIPLE
FAMILY/RESIDENTIAL/PLANNED UNIT DEVELOPMENT) DISTRICT
(FILE NO. 166 1)
Upon motion by Councilwoman Spiro, seconded by Councilman Flores, reading of
Ordinance No. 603 was waived and said ordinance was introduced by the
following roll call vote:
AYES: (3) Councilmembers Flores, Gallagher and Spiro
NOES: (2) Councilman Reilly and Mayor Eck
ABSENT: (0) None
Rohnert Park City Council Minutes (7) February 28, 1995
ANNEXATION FEES /PUBLIC FACILITY FINANCING.
City Manager Netter explained the ordinance prepared for introduction which was
carried over from the previous Council meeting, as reviewed in the Council
Meeting Memo, and responded to various Council questions. Also provided to
Council were minor changes in the ordinance by Legal Counsel Margaret Sohagi,
as previously signified by Council.
PUBLIC COMMENTS: Mayor Eck opened the meeting to receive public comments related to this
item at approximately 9:29 p.m.
Linda Branscomb, 6585 Commerce Blvd. #188, questioned procedures for figuring out formulas and
calculations and expressed concern about judgments left to the City Manager. City
Manager Netter responded the formulas would probably change from annual
review to annual review and that only annual changes were recommended. In
addition, all the provisions in the ordinance referencing the City Manager have
been changed to state the City Council or its delegate.
There being no one further desiring to speak, Mayor Eck closed public comments
at approximately 9:31 p.m.
Ordinance for introduction
Ord. No. 604 AN ORDINANCE AMENDING THE ROHNERT PARK MUNICIPAL CODE
BY REPEALING CHAPTER 3.28, ANNEXATION FEES IN ITS ENTIRETY,
AND BY ADDING A NEW CHAPTER 3.28 TO BE TITLED "PUBLIC
FACILITY FINANCING IN AREAS TO BE ANNEXED"
Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and
unanimously approved, reading of Ordinance No. 604 was waived and said
ordinance was introduced.
AERIAL SNORKEL FIRE UNIT REPLACEMENT.•
City Manger Netter advised that the referenced demonstration unit previously
authorized by Council for $250,950 was sold to another agency before the City
was able to place the purchase order. City Manager Netter explained the request
for Council's authorization to purchase and prepare a lease agreement for another
demonstration unit for $267,500 with additional features, as reviewed in the
Council Meeting Memo.
Upon motion by Councilman Flores, seconded by Councilwoman Spiro,
authorization to purchase and sign the purchase agreement and preparation of a
lease agreement for the above - reviewed item by resolution for the next Council
agenda, was unanimously approved.
CITY'S PURCHASING PROCEDURES: City Manager Netter advised deferral of this item due to the
need to further review related details with the City Attorney.
Rohnert Park City Council Minutes (8) February 28, 1995
COMMUNICATIONS: Communication per the attached outline were brought to the attention of the
City Council. No action was taken unless specifically noted in these minutes.
*CORRECTION from 3/14/95 Council Meeting: Per Councilman Reilly, he made reference to the following Communication item #8, not Councilwoman Gallagher.
* Councilman Reilly referenced item #8 on Communi-
cations from the Blair's supporting the Condiotti development proposal on land
near Hewlett - Packard. She- He questioned their reference to the inclusion of
Cannon Manor and wondered if this is what Cannon Manor residents have been
wiu. a so, it would seed to be a direct connict because or sewer and roads
upgrading needs. Responding Council comments agreed it had not yet heard
anything about Canon Manor being considered in a proposal.
MATTERS FROMIFOR COUNCIL:
1. Bicycle parking in large shopping complexes - Mayor Eck reviewed concerns brought to his attention
about the lack of provision for locking up bicycles in shopping areas. Mayor Eck
did not recommend the City handle this but encouraged businesses to install at
least a few bicycle racks, especially in the vicinity of Wilfred Avenue.
2. Council Committee to review construction defects - Councilman Reilly recommended a Council
Committee to review this iteni. more fully to see whether or not the complaints are
extensive or justified and there report back to the full Council at the next Council
meeting and/or possible discussion at the next Town Hall meeting. Due to the
lateness of the hour, further discussion of this item was deferred to the next regular
Council meeting.
3. Long range plan for fire services - Councilman Reilly requested this item to be included in the up-
coming budget cycle. City Manager Netter responded the Fire Services Division is
working on a six to eight year phasing approach which would be presented during
the upcoming budget work sessions in May /June `95. An update on recruitment
could be made at the next Council meeting.
4. Mayors' & Councilmembers' meeting, Thursday, March 9, 1994, 6:30 p.m. at the Windsor Senior
Center - City Selection Committee to select Golden Gate Bridge District repre-
sentative - Mayor Eck announced this meeting and commented on individuals
interested in the appointment.
Discussion concluded upon motion by Councilman Flores, seconded by
Councilman Reilly, and unanimously approved, supporting Vice Mayor Spiro's
interest, or any other Rohnert Park Councilmember's interest, in the Golden Gate
Bridge District appointment and for the Mayor to retain voting flexibility in the
final decision making process.
5. Mayors' & Counciimembers' Association - Day of Non- Violence, Friday, March 31 st, 1995
City Manager Netter advised a resolution would be prepared for the next Council
agenda pertaining to this item.
Rohnert Park City Council Minutes (9) February 28, 1995
6. Calendar of up- coming meetings /events - Mayor Eck advised Council was provided with a list of
upcoming meetings and events for the Month of March for its information (copy
attached to original set of these minutes).
7. Animal Shelter Grand Opening, Saturday, April 22nd, 1995 at 10:00 a.m. - City Manager Netter
reviewed this proposed date for Council's consideration. Council concurred.
8. Stadium improvements - Councilman Reilly asked about the comparison of these costs between the
City and the Western Baseball League. City Manager Netter responded the City's
portion amounting to $11,300 is only the standard and reasonable maintenance
required for turning a facility over to any other entity.
9. Indoor Swim Center - Councilman Reilly referenced the priorities list for Recreational facilities
reviewed at the previous Council meeting and requested re- evaluation of the
indoor swim center. All alternatives need to be considered as this swim center
could meet the specified needs as an outdoor facility.
10. City /County Discussion Group meeting, Santa Rosa City Hall, Thursday, February 23rd, 1995 -
Councilman Reilly referenced this meeting and questioned the lack of sufficient
timing of notices and limited attendance abilities because of conflicting schedules.
Mayor Eck confirmed he had a conflict in schedules and was unable to attend and
also questioned the authority of the group.
11. Flammable/Non- Flammable Gas Truck on Snyder Lane - Councilman Reilly referenced recent
occurrence of this ALT AIR truck on Snyder Lane and expressed concerns about
schools in the vicinity. He asked if these types of trucks could be requested to use
Petaluma Hill Road instead of Snyder Lane.
12. Neighborhood auto shop - Vice Mayor Spiro explained communications from a citizen pertaining to
a neighborhood auto shop in the vicinity of Adrian Drive and Southwest Boulevard
that is apparently doing vehicle painting and repairs. She said the location is a
residential neighborhood and asked if staff could check into it.
13. Railroad Crossing signal - Vice Mayor Spiro reviewed recent experience of railroad crossbars down
for an extended length of time prior to a train coming resulting in some motorists
driving around the barricades. She asked if the timing factor could be changed.
Mayor Eck responded he was aware of a recent malfunction but that State laws
probably establish the timing.
14. Affordable Housing Project Award - Vice Mayor Spiro referenced Land and Use Conference
involving interest of Michael Bethkey to submit the Towers Apartment Project as a
nomination for best affordable housing project and request for recommendation
and support letter over the Mayor's signature. City Manager Netter responded a
letter would be prepared for the next Council agenda.
Rohnert Park City Council Minutes ( 10) February 28, 1995
15. REMIF /Association of Retired Employees - City Manager Netter briefly reviewed results of recent
meeting related to REMIF being in the process of eliminating health costs due to
increasing fees and higher claims coming through from many cities because of new
laws. The matter was deferred for a week and a half to review additional options.
EXTEND MEETING. A motion was made by Vice Mayor Spiro, seconded by Councilman Reilly, and
unarumousiy approved, to extend the meeting beyond the 10:00 p.m. adjournment
time to sufficiently handle remaining agenda items.
CITY MANA GER'S REPORT•
1. Shopping Carts /update - City Manager Netter referenced letter distributed to designated businesses
related to abandoned shopping carts and updated Council on this item. Even
though a voluntary program was initiated by the merchants, the problem still
persists and further regulation may need to be considered.
2. Child I.D. Program - City Manager Netter referred to information provided to Council on this item
and advised Lifetouch will be providing an updated proposal within two weeks. It
will be scheduled for review and possible agenda discussion item at the joint
meeting with the School District.
3. SW Blvd. Building use review - Community School/Boys & Girls Club - City Manager Netter
reviewed communications provided to Council pertaining to this item and
requested Council's authorization to proceed with the possibility of phasing out
the joint use agreement with the Community School because of encountering
various problems as signified.
Discussion concluded upon motion by Mayor Eck, seconded by Vice Mayor Spiro,
directing staff to meet with representatives regarding concerns of above - reviewed
item, was unanimously approved.
4. Northbay Breakers - City Manager Netter advised Council was provided with staff report on the
status of the Northbay Breakers Soccer Team pertaining to phasing down and
working on a payment plan with the City.
5. Update on meeting with County Staff re. 22 acres in Community Separator Area - City Manager
Netter shared comments on this meeting he was recently invited to attend.
LAFCO representatives also attended to further review proposals. Several options
were presented including golf course considerations as a trade -off. Due to the
lateness of the hour, Council agreed further review of this item should be deferred
to the next Council meeting.
Rohnert Park City Council Minutes ( 11 ) February 28, 1995
CITY ATTORNEY'S REPORT:
1. Sime I vs. City of Rohnert Park - Supreme Court denied petition - City Attorney Flitner confirmed
this item and said it was self - explanatory. He advised he would file a petition for
reimbursement of attorney fees over $300,000.
2. Sime vs. City of Rohnert Park/City's interest in having opinion published - City Attorney Flitner
advised he has not received a response from the League of California Cities, as
previously signified and, therefore, requested this item be deferred to the next
Council meeting. Council agreed.
UNSCHEDULED PUBLIC APPEARANCES:
Mayor Eck asked if anyone in the audience wished to make an appearance at this
time. No one responded.
ADJOURNMENT. • Mayor Eck adjourned the meeting at approximately 10:12 p.m. to 6:00 p.m.,
March 6th, 1995 at SSU for a Joint Meeting with Sonoma State University.
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CITY COUNCIL CALENDAR OF UPCOMING MEETINGS /EVENTS
(Month of March)
DENNIS AMANTITE RETIREMENT DINNER MARCH 3rd
Community Center FRIDAY
6:30 p.m.
JOOINT MEETING WITH S.S.U. CABINET MARCH 6TH
Sonoma State University @ The Commons MONDAY
in the "Terrace Room" 6:00 P.M.
JOINT MEETING WITH CHAMBER OF COMMERCE MARCH 16th
Red Lion Inn THURSDAY
7:30 a.m.
JOINT MEETING WITH COT /RP SCHOOL BOARD MARCH 23rd
Mountain Shadows Restaurant THURSDAY
6:00 p.m.
ART HOLLINGSWORTH RETIREMENT DINNER MARCH 24th
Community Center FRIDAY
6:30 p.m.
TOWN HALL MEETING - "A" SECTION MARCH 30th
Location to be determined THURSDAY
7:00 p.m.
DATED: February 23, 1995
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