1998/05/26 City Council MinutesRohnert Park City Council Minutes
May 26, 1998
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 Pro Tempore Vidak - Martinez presiding.
CALL TO ORDER: Mayor Pro Tempore Vicki Vidak- Martinez called the regular session to order
at approximately 6:15 p.m. and led the pledge of allegiance.
ROLL CALL: Present: (4) Councilmembers Flores, Mackenzie, Reilly,
and Mayor Pro Tempore Vidak- Martinez
Absent: (I) Mayor Spiro (due to illness)
Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner,
Assistant City Manager Leivo, City Engineer Gaffney, Director of Public Safety Rooney,
Public Works Manager Stephens and Building Official Braun.
1. CLOSED SESSION: Mayor Pro Tempore Vicki Vidak- Martinez reported on the closed session
which commenced this evening at 6:00 to discuss matters listed on the agenda attachment,
representing an update, with no action taken at this time.
2. APPROVAL OF MINUTES: April 28, 1998 & May 12, 1998 -- Corrections to the previous
meeting minutes were made by Council and signified on original set of minutes.
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the
minutes of April 28, 1998 and May 12, 1998 were unanimously approved as amended.
3. APPROVAL OF BILLS: Upon motion by Councilmember Mackenzie, seconded by
Councilmember Flores, City bills. presented per the attached list in the amount of
$789,895.53 were unanimously approved.
4. ADDING INFORMATIONAL NON - AGENDAED MATTERS:
Mayor Pro Tempore Vidak- Martinez asked Councilmembers or staff if there were any non-
agendaed informational items to add to the agenda. -- Councilmember Mackenzie signified
two items to add regarding (1) suggestion at some future time that the City of Rohnert Park
prepare a report that compares with the recent report in the Press Democrat regarding the
Safety of Neighborhoods in Santa Rosa; and (2) comments on another article in the Press
Democrat on Sunday regarding pressure over the water issue. -- Councilmember Reilly
signified an item to add regarding stop lights being installed at Golf Course Drive
and Roberts Lake Road, where the theater project used to be; and to wish his son, Sean,
a happy 11th birthday. -- Councilmember Flores signified two items to add regarding
(1) Community School site, and (2) Sonoma County Crushers' Opening Night.
5. YOUTH CITY COUNCIL REPRESENTATIVES from 1997 -98 Youth of the. Year Program
Mayor Pro Tempore Vidak - Martinez advised the Youth Report would be provided later,
when the Youth Representatives arrive.
6. SCHEDULED PUBLIC APPEARANCE:
1) Joi Losee, 943 Holly Avenue re sewer ea nalty effect on new rg owth
Ms. Losee referred to her written comments distributed to Council regarding her concerns
and questions on this item and shared contents therein (copy attached to original set of
these minutes). She requested Council to address these concerns which included asking
"what will be the increase in sewerage ? ", "who will pay the penalties for development ? ",
and "who benefits from Measure AT'.
7. UNSCHEDULED PUBLIC APPEARANCES: Mayor Pro Tempore Vidak - Martinez stated that
in compliance with State Law (The Brown Act), citizens wishing to make a comment may
do so at this time (limited to 3 -5 minutes per appearance with a 30 minute total time limit).
1) John Hudson, 399 Bonnie Avenue, re Measure A and water shortage
Mr. Hudson referred to the article in the Press Democrat on Sunday regarding Rohnert Park
Under Water" and commented that Randy Poole was quoted in the article with making the
comparison to "5 pounds of pressure in a 10 pound bag ". Mr. Hudson signified that the
additional growth contemplated in Measure A will make water shortage worse due to
increased water demand, and there will be less space for rain to fall and replenish the
aquifer. Mr. Hudson shared his reasons for feeling that there is a loophole in Measure A in
Section 0.050 for exceptions outside the Measure A boundaries if based on substantial
evidence, which included, first, person faces three month statute of limitations and, second,
the low burden of proof for the City Council and the high burden of proof for residents.
2) Shawn Kilat-1 3 74 Rebecca Way re. Measure N, Planning Project
Ms. Kilat shared her written comments urging the City Council to proceed with Measure N
as approved by the voters November 1996 (copy attached to original set of these minutes).
Her reasons included that Measure N's primary goal was to allow adequate time for
thorough, informed analysis of planning issues facing the City. The Planning Department is
understaffed, and zoning ordinances need to be updated. Other ordinances need to be
rewritten to address changing times. The General Plan update is in progress and probably
will not be completed until late 1995 or early 1999. Measure N provides a modest amount
of time to accomplish these time - consuming tasks. Measure N was never intended to be an
ultimate urban growth boundary and it is not comparable to Measure A. Ms. Kilat
commented further that she did not agree with previous statements made by three signified
Council Members that the City of Rohnert Park is stagnating and in danger of economic
decline. She reviewed numerous projects and efforts of the Planning Commission over the
past year and a half, to take exception with this notion and shows that this City is not
stagnating. Ms. Kilat shared that she thought it is to Measure N's credit that in -fill is
happening and it is happening wisely.
Councilmember Flores responded that the Council is aware of the above - mentioned
projects, however, every City Department has had to decrease budgets considerably in the
past, and the City will probably need an excess of $4 million to take care of all its needs.
He signified the importance of the in -fill projects but questioned the sufficiency of current
revenues to meet the needs of the City. Mr. Flores thanked Ms. Kilat for her comments.
Mayor Pro Tempore Vidak - Martinez responded to request from Councilmember Mackenzie
to speak at this time, that comments from Council would remain with Councilmember Flores
since he was named in the preceding speaker's statements. -- Councilmember Reilly shared
that any Councilmember or none should speak during unscheduled public appearances, or
each allowed a one minute response at the end of unscheduled appearances, otherwise a
speaker could mention a specific name just to let them speak. -- City Attorney Flitner
responded to Council inquiry that the presiding officer could allow responding Council
comments with reasonable discretion exercised.
Councilmember Mackenzie signified that he agreed with Councilmember Flores on the
General Plan in -fill item previously passed by the Council pertaining to a proper plan with
proper data, but did not appreciate contents of the flyer, currently being distributed in the
community by the owner of Big 4 Rents, urging citizens to vote for Measure A.
Councilmember Mackenzie displayed and shared contents of the flyer and signified that the
statements therein, which included Measure A affects your paycheck and your vote will
impact your taxes, are untrue.
3) Dan HublU 13 5 Alma Avenue, re support of Measure A
Mr. Hubley expressed support of Measure A and signified that, to him; it is simple and gets
down to basics. It provides options, and more options are better. He urged everyone to
take advantage of the opportunity to vote in favor of Measure A.
4) Joe Topper, 5787 Trailwood Drive Santa Rosa, General Manager of Double Tree Hotel
re support of Measure A -- Mr. Topper reviewed reasons for urging support of
Measure A which included appreciation of public services provided for police, fire and
public works. In order to continue to provide the style of living in which the City has
become accustomed, Rohnert Park must find a way to reverse the momentum and still
respects the core quality of life. Mr. Topper shared that he attended the Community
Summit and thought most agreed with the need for expansion, but how much was the
question. Land use planning decisions need to be addressed, along with the quality of life
that we want. The same ideas have given new life in cities north and south of us. So, on
behalf of the silent majority that Mr. Topper signified he believed were in this community,
he urged this support of Measure A.
5) Charles Kitchen, 4945 Fern Place re opposition to Measure A
Mr. Kitchen reviewed reasons for opposing Measure A which included: the people voting
for Measure A are the same ones who voted against Measure N; if Measure A is passed,
utility bills will go up higher, and water and sewer lines will need to be extended; the
people of Rohnert Park want the population to stay as close as possible to where it is; the
Double Tree gentleman does not live in Rohnert Park; and the City Council is here to serve
the majority of the residents.
RESPONSES TO PUBLIC COMMENTS:
Councilmember Reilly signified the question that came up during the Scheduled Public
Appearance on potential sewer charges needed to be answered, and recommended review
of the item on a future agenda.
Councilmember Mackenzie expressed the preference for Council to listen to comments of
Scheduled and Unscheduled Public Appearances, and then proceed with a mechanism to
respond to concerns in a more organized fashion.
City Manager Netter advised that Joi Losee did spend time with the City Engineer recently
and gave the example that, if her questions were not sufficiently answered by staff, then
proceed to Council. It is redundant to review concerns during a Council meeting that can
be handled directly by staff, and/or present routine questions that the Council will basically
refer to staff for handling.
City Attorney Flitner shared that if the City Council thinks the questions are important
enough to merit a response, Council can direct staff accordingly, but Council should let
staff know which questions are considered relevant for staff responses.
Councilmember Reilly shared that the reason some of the questions and concerns are
presented at the Council meetings might be due to conflicting work schedules of
individuals that do not enable obtaining answers during the regular City Hall hours from
8:00 a.m. to 5:00 p.m. Rather than get into political debates during a Council meeting, the
items would be passed on to the appropriate department for response.
Councilmember Flores added that the City Manager and/or other appropriate staff has the
ability to answer questions briefly, but if the item involves a significant amount of research,
it would seem important for the City Manager to bring the matter back to Council for
consideration and direction.
9. CONSENT CALENDAR
Mayor Pro Tempore Vicki Vidak - Martinez asked if there were 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 posting of meeting's agenda
Accepting Cash/Investments Report for Month End, April 30, 1998
Resolution Nos:
98-105 Proclaiming Saturday, May 30,1998 "Stand for Children Day"
98-106 Proclaiming Sunday, June 14, 1998 "National Flag Day"
98 -107 Award of Contract for Water Monitoring Program for the City of Rohnert Park
Water System
98-108 Award of Contract for Sidewalk Repairs and Replacement
98-109 Calling for Sealed Proposals for Interior Painting of the Rohnert Park Public Library
98-110 Calling for Sealed Proposals for a Utility Management System
98-111 Calling for Sealed Proposals for Street Light & Traffic Signal Maintenance Contract
98-112 Proclaiming June 1998 "Marrow Awareness Month"
98-113 Proclaiming "Show Your Colors, America" from Memorial Day, May 25, 1998 to
Veterans' Day, November 11, 1998
98-114 Rejecting the Claim of William O. Mullins (re. alleged injuries and damages from
bicycle fall)
Ordinance for Adoption:
No. 639 Authorizing an Amendment to the Contract Between the City Council of the City of
Rohnert and the Board of Administration of the California Public Employees'
Retirement System
Approving Project Graduation request for waiver of fees for use of Sports Center for
June 12, 1998 event.
Ratify Parks and Recreation Commission recommendation of $500 to Scott Potter,
Creekside Middle School Student, toward his travel expenses for Texas Rangers
Junior Olympic Baseball Team to play in China and Australia.
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, with the
absence of Mayor Spiro, the Consent Calendar as outlined on the meeting's agenda, was
unanimously approved.
**************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Youth Representative Joe Stablein arrives: Senior Joe Stablein arrived at approximately 6:50 p.m.
AGENDA ORDER: Mayor Pro Tempore Vicki Vidak - Martinez advised that agenda item #5 for the
Youth Report would be handled at this time, afterwhich the Council meeting would return
to the order of items listed on the agenda.
5. YOUTH CITY COUNCIL REPRESENTATIVES from 1997 -98 Youth of the Year Program
Youth Representative Senior Joe Stablein provided the youth report which included:
*Reminder that the 24 Hour Relay Challenge will be held this Saturday; and
*Rancho Cotate High School is preparing a picnic on Thursday for the graduating Seniors.
Youth Representative Jennifer Weaver arrives: Junior Jennifer Weaver arrived during opening
comments of the next agenda item at approximately 6:55 p.m.
9. COPELAND CREEK CLEAN UP DAY, JUNE 2, 1998
•Staff report/update - Public Works Manager Bill Stephens
City Manager Netter referred to the staff report dated May 5, 1998 from Patty Shaffer,
Public Works Administrative Assistant, provided to Council for this item, and advised that
Public Works Manager Bill Stephens was available to update the Council further on
additional plans for Copeland Creek Clean Up Day and respond to Council questions.
Public Works Manager Bill Stephens commended the efforts of Public Works Administrative
Assistant Patty Shaffer for the terrific job she had done toward the success of this project.
Mr. Stephens advised that, to date, 250 volunteers are involved with this event including
participation of Friends of Copeland Creek of Sonoma State University, Mountain Shadows
and Creekside Middle Schools, Wal-Mart, Press Democrat, Food -4 -Less and the Twenty -
Thirty Club. Mr. Stephens responded to Council questions confirming that the event will
start at 8:00 a.m. on Tuesday, June 2nd; Public Works employees will be available early; and
others interested may contact Public Works Administrative Assistant Patty Shaffer to be
involved in this project. -- Council complimented these successful efforts.
10. TECHNOLOGY INNOVATION COMMITTEE - Review by Building Official Lee Braun
City Manager Netter introduced Building Official Lee Braun to review this item and
respond to Council questions. Mr. Braun reviewed highlights of the staff report dated
May 22, 1998 provided to Council for this item regarding determinations of the City
Technology Committee appointed by the City Manager last December 1997, which
included the Comprehensive Citywide Telephone Upgrade and the Technology Strategic
Plan for the City. Mr. Braun advised that the Preliminary Report was produced in March
0'11191980 to provide adequate time for funding considerations for the City's 1998 -99 budget.
After reviewing the City's telephone systems, with private vendors interviewed, it was
concluded that the job could be handled in -house with the combined expertise of the City's
Purchasing Supervisor Caroline Gabriel and Information System Manager James
Grundman. This will be considerably more economical than the cost of a private vendor
and will include dealing with one of the problems the City has on a year 2000 glitch. The
implementation plan and budget items for this project are highly technical and perhaps the
best in Sonoma County, and will result in the City being able to supply documentation to
the public that has never before been possible to provide. The Technology Committee
will continue with efforts to present a proposal to the City Manager which can then be
presented to the Council for consideration. -- Discussion included Council expressing
appreciation for this report and efforts of the Technology Committee, commended the
thoroughness of these efforts, and acknowledged looking forward to the proposed
improvements for the City's technological infrastructure.
11. SALUTING TEAMWORK -Positive Publicity for Rohnert Park
•Dept. of Public Safety discussion on Media Event in October
AGENDA ORDER: Mayor Pro Tempore Vidak- Martinez advised deferral of agenda item #11,
pending arrival of the Director of Public Safety, due to the time being earlier than listed on
the agenda for this item.
12. SSU STUDENT BODE' ASSOCIATION relationship
*Council report on joint meeting with Student Body Association
Councilmembers Flores and Mackenzie reported on this meeting which they, and Mayor
Spiro attended. Councilmember Flores advised it was a good meeting and commented on
the need for continued dialogue. He proposed suggestions would be adviseable as follows:
Council to meet further with the Executive Board of the SSU Student Body Association;
rotate City Council Members as liaisons; and it would be more appropriate to have one SSU
Student Body Member as a Representative to the City Council, rather than two, with the
rotating dialogue with City Council Members. -- Councilmember Mackenzie shared
comments as follows: it was important to have both outgoing and incoming students at this
joint meeting; Members of the SSU Student Body have been interested in finding a way to
communicate with the City Council; Mayor Spiro previously expressed interest on how the
City Council might interact more effectively with SSU students; and, it might be more
appropriate to have one SSU Student Representative attend City Council meetings, even
though SSU students may have noticed there are two High School Youth Representatives
attending Council meetings. Councilmember Mackenzie recommended deferral of formation
of the City Council Ad Hoc Committee and establishment of the Student Body Council
representation to the next Council meeting. -- Council concurred. -- Discussion ensued.
13. CHANNEL 22, KRCB -TV - Revised Agreement
*Committee /Staff report -- Council Committee Members Flores and Reilly reported on
recent efforts for this item. Councilmember Flores referred to discussion of this item at the
previous Council meeting and reiterated the aspect of the $3,000 sublease rents presently
benefiting the KRCB -TV station. The Council Committee agrees it would be appropriate
to proceed with the revised agreement for the life of the loan. The City Council has been
very supportive of Channel 22 over the years and the local broadcasting station is an
important community asset. Mr. Flores expressed support of the 4th draft provided to
Council at this time for further consideration of this revised agreement. It protects the
interests of the City, the station would have a better loan program, and would be a good
partnership for everyone. -- Councilmember Reilly commented that KRCB has a plan that
will put them in a better position financially. Council directed staff to review the details to
ensure the protection of the City and, at the same time, try to offer enough support for the
Bank to feel comfortable with the terms of agreement, in the event that KRCB failed,
which was the only outstanding issue discussed at the previous meeting.
City Manager Netter reviewed his memorandum of May 22, 1998 regarding the additional
changes for this revised agreement which included clarification of language to protect the
City's interests on the issues related to: eminent domain; foreclosure; reciprocation of
KRCB promotional efforts for the City to offset benefits provided by the City to KRCB;
and provisions for the life of the loan versus perpetuity.
City Manager Netter also referred to the letter from Exchange Bank dated May 26, 1998,
which was received earlier this evening and distributed to Council, reviewing reasons for
the Exchange Bank requesting revised language to extend the date approximately five years
beyond the proposed maturity date of the loan to KRCB for latitude by allowing the
Exchange Bank sublease income rights for the extended period of time. City Manager
Netter advised the need for further consideration of this request as the purpose was not to
go beyond the fife of the loan.
Nancy Dobbs, General Manager of Channel 22, KRCB -TV, responded to Council inquiry
that KRCB would have to apply for another extension on the existing loan, if additional
time is needed for further considerations, as KRCB's previous extension expires at the end
of this month.
Discussion concluded in Council concurrence of the need for additional review of this item
due to above - referenced letter request from the Exchange Bank. Further consideration of
Amendment Number Four to the Agreement with Channel 22, KRCB -TV was deferred to
the next regular City Council meeting of June 9, 1998.
:......... ;.
AGENDA ORDER: Mayor Pro Tempore Vicki Vidak - Martinez advised the meeting would return to
item #11 for handling at this time, and then return to the order as listed on the agenda.
11. SALUTING TEAMWORK - Positive Publicity for Rohnert Park
*Department of Public Safety discussion on Media Event in October
Director of Public Safety Patrick Rooney referred to the staff report of March 12, 1998
from 'Youth & Family Services Manager Jim Park, and explained the recommendation for
this media/publicity campaign effort to foster education and information on programs that
assist youth and families in the community. Draft letters over the Mayor's signature to
(1) Federal and State Officials and (2) County Officials, were provided to Council for
consideration of approval.
Discussion included Council concurrence with this item, as presented and recommended
by staff, including approval of above - referenced draft letters over the Mayor's signature.
Council expressed appreciation to the Department of Public Safety for these efforts.
Councilmember Reilly also commended the Department of Public Safety for the Truancy
Program, especially considering how difficult it was to set this up in the beginning.
Mr. Reilly recommended a letter of recognition and appreciation from the Mayor to the
Department of Public Safety for the successfulness of these combined efforts, including
DARE and this program. Council concurred.
Director of Public Safety Rooney presented City of Rohnert Park11997 -98 Team El Nino
T -shirts to each Council Member as a token of appreciation for the Council's support.
14. LEGISLATIVE EFFORTS TO ELIMINATE VEHICLE LICENSE FEE
(AB1776, SB1723 & SB2001)
City Manager Netter explained the resolution for consideration for this item, as reviewed in
the Council Meeting Memo, advising that Council has received numerous faxes from the
League of California Cities aggressively providing information on these legislative bills.
The City Council has previously voiced strong opposition of this proposed legislation
which would eliminate or reduce motor vehicle license fee revenues.
Resolution No:
98 -115 Opposing AB1776, SB1723 and SB2001 (re. Vehicle License Fees)
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and
unanimously approved with Mayor Spiro absent, reading of the resolution was waived
and Resolution No. 98 -115 was adopted.
15. OFFICE OF PLANNING AND RESEARCH (OPR) EXTENSION -- Councilmember Reilly
acknowledged requesting further review of the OPR extension exhibits to Resolution 98 -69.
He signified that there are policies and objectives in the exhibits attached to this resolution
which the Council has not had the opportunity to discuss, i.e. percentages of population
growth over the next 20 years; coordination with SSU, comparison with previous acre for
acre consideration. Mr. Reilly asked if these were the Planning Commission numbers.
Assistant City Manager Leivo responded yes, these were prepared for use in the Planning
Commission efforts and were provided to the City Council earlier to discuss, make
comments on changes, or take action. The Council could choose to begin review of the
available elements today, or could wait for the Planning Commission to finish current
efforts on all the element. It is the Council's discretion regarding how it chooses to proceed
with review of the General Plan elements.
Councilmember Reilly signified the Council should discuss the OPR extension exhibits to
Resolution No. 98 -69 item by item, but due to the extensiveness of the document and the
need to devote a significant amount of time to review these changes, recommended
scheduling a work shop specifically for this purpose.
City Manager Netter responded to Council question regarding a typical process that,
normally, the Council may have reviewed each one of the elements and policies, but this
was not done prior to the adoption of Resolution No. 98 -69.
City Attorney Flitner signified that Council's review of the documents could be done at a
later date. The application for extension had to be made on May 5th to ensure the
extension would be granted. The specifics of the attachments are not cast in stone and
efforts were made by Assistant City Manager Leivo to put together a set of policies to
carry it through the interim. The City Council will still have the opportunity to review this
item, but when the document is submitted to the state, it has to show why the City did not
get it done and what it will do in the interim. In the meantime, the Office of Planning and
Research (OPR) may lay down other issues but, as previously mentioned, the Council can
continue to review the elements.
Discussion concluded upon Council concurrence to consider a time and date to schedule a
workshop for detailed review of this item. (This item was referred to later in these minutes
to review the questions/input along with the General Plan review scheduled.)
16. GENERAL PLAN UPDATE - STATUS
*Update and Status of Elements review by Rohnert Park Planning Commission
*Set Council procedures for General Plan Elements review
City Manager Netter acknowledged that the staff report dated May 21, 1998 was provided to
Council outlining the status of each element of the General Plan on which the Planning
Commission has reviewed and made recommendations. He requested the Council's direction
on how it would like to proceed with its review of the General Plan. Options would include
Council review of each element upon finalization by the Planning Commission, or Council
could wait for completion of the first draft bound document from the Planning Commission.
-- Discussion concluded upon consensus of the Council to schedule a workshop in July to
begin review of the General Plan elements completed to date by the Planning Commission.
RECESS: Mayor Pro Tempore Vicki Vidak - Martinez declared a recess at approximately 8:24 p.m.
RECONVENE: Mayor Pro Tempore Vidak- Martinez reconvened the Council meeting at
approximately 8:32 p.m. and with the exception of Mayor Spiro, all other Councilmembers
were present.
17. GREENBELT ALLIANCE ATTORNEY letter - Measure A/Proposed Urban Growth Boundary
City Manager Netter advised that Council previously requested this item be scheduled for
review on this meeting's agenda. -- City Attorney Flitner's comments on signified portions
of this letter included:
•On page 2, regarding the reference to the May 4th letter from Margaret Sohagi to the City
Council, Mr. Flitner signified that she was referring to state housing statutes.
•Item #1 of the Attorney's letter to Greenbelt Alliance regarding a revised long -term
projection of the City's total housing need, Mr. Flitner shared that this seems to be
conjectural, as he did not think this criteria could be reasonably anticipated.
•Item #2 makes the point that "nothing in the measure requires that development following
a UGB expansion must be adjacent to existing development ". Mr. Flitner signified that this
is true but the City has control over these things.
•Item #3 signifies that "based on changed projections of the City's total housing need, the
Council could approve a large UGB expansion based on a very low assumed density ". City
Attorney Flitner commented that again, economics is another thing, which may not be
realistic to what is happening, and state requirements usually mandate dense housing.
Some might bring in certain projects and then others adjust with lower income projects.
The concern is a possibility, but not reasonable.
•Item #4 regarding "based on changed projections of the City's total housing need, the
Council could approve a UGB expansion before seriously considering other options, etc. ",
City Attorney Flitner reviewed the concern expressed in this 4th item signifying that
Measure A provides no standard by which the Council's determination can be evaluated,
with regard to finding that "it is not reasonably feasible" to accommodate the development
within the UGB. Mr. Flitner compared the "fair share obligation" with the "primarily
proposed development" and signified that he thought when those two were read together,
it seemed to be that that exception was drafted to accommodate the low to moderate
income housing units. He signified that while everyone might draft a different measure, it
seemed to him that was the general intention when measured in a court of law.
Councilmember Reilly commented that both sides are right on the question of loophole. It
depends on which side you are on with regard to the angle of opinions. We could have
made it better and it would have been more defensible. Councilmember Reilly signified he
had two questions for the City Attorney and asked, if he were to say the City Council
approved to annex a school, would that have been the school building, the school site, or the
adjacent site ?, and yet, now we are defending it from the other angle. Mr. Reilly signified
that if you do not have clear concise language about what you mean, which is almost
impossible, they both have truth in what they are saying. The question is, could they have
done better. Councilmember Reilly shared that on this idea of development and meeting
housing needs, he knew that LAFCO would never skip over lands like they did in Santa
Rosa, as it is not their policy, but as a rhetorical question, if a developer needed to develop
100 homes, and if a city had established a goal and all the land was built out already, and the
land a developer had was too expensive or too prime, if a developer offered to give that land
based on annexing in another 900 acres, would that be feasible.
City Attorney Flitner responded anything is possible but did not think that is reasonable as
the City Council is elected to use discretion. The three -to -two votes may result in different
ways of proceeding, depending on who is in the majority. -- Councilmember Reilly asked if
any caveat of any annexation should have been limited in size, to which City Attorney Flitner
responded he assumed that is true.
PUBLIC COMMENTS: Mayor Pro Tempore Vicki Vidak - Martinez opened public comments at
approximately 8:40 p.m.
1) Dan Hubley, 135 Alma Avenue, expressed concern about the loophole and that the question
is not whether they are both right and both wrong, but the question would be, is Measure N
both right and wrong?
2) Charles Kitchen, 4945 Fern Place, questioned why is proposition A being introduced in the
first place. Mr. Kitchen shared reasons for opposing this ballot measure including the
amount of contributions supporting it by those who voted against proposition N including
many from out of town; majority of residents do not want expansion; and other towns have
survived without expansion. Mr. Kitchen expressed appreciation to signified people
involved in the recent distribution of pamphlets urging voters to oppose this item.
3) Attorney Michael Zischke of Landels, Ripley and Diamond in San Francisco, representing
the Yes on Measure A Committee, referred to his comments on this item at the previous
Council meeting explaining the importance of Measure A to protect the city against law
suits. Attorney Zischke responded to concerns expressed in the above - referenced letter
from the Law Firm of Shute, Mihaly & Weinberger which included: the language in Measure
A is tighter than the language in Measure N because Measure N allows state mandated
housing but Measure A requires evidence to support this finding. On the matter of City
Council discretion, the courts generally like to defer to decisions the City Council makes,
but that deference is not unlimited, like when you are construing a measure, the courts have
said you cannot do that and the voters must make the decision. The language of Measure A
is tighter on this than Measure N. On the comment in the letter that this measure does not
have a policy with respect to farm land, this is provided in state law and relies on the rest of
the General Plan to address these issues. It has to be consistent with the General Plan so the
measure should not be criticized because it is not all encompassing. The preceding scenario
made by Councilmember Reilly on someone making a deal to annex another 900 acres,
would not qualify, as the scenario must meet reasonableness of the law for fair share housing
needs, so it could not be used as a rationale. The additions in Measure A are important
exceptions for the City's protection and, otherwise, is a model of Measure N.
There being no one further desiring to speak, Mayor Pro Tempore Vidak - Martinez closed
the public comments at approximately 9:05 p.m.
Discussion followed during which Council expressed continued concerns and differing views
on interpretations related to the current Measure A and comparisons with former Measure N.
18. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1) Canon Manor (Vidak- Martinez/Mackenzie) -- Councilmember Mackenzie reported on this
meeting held on Monday, May 18, 1998. He referred to previous information provided
to Council regarding Canon Manor concerns and recent letter dated May 19, 1998 to
Miles Ferris, Director of Utilities, City of Santa Rosa, from County Supervisor Harberson
exhorting the City of Santa Rosa to work on wastewater treatment capacity.
Councilmember Mackenzie reviewed aspects of the two options under consideration
toward resolving the Canon Manor water problems. One approach is to consider the full
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layout of those costs is in the process of being prepared and anticipated in the near future.
The other approach is to consider the recent proposal from Penngrove Water Company.
which does require availability of sewer capacity. It is the opinion of this Committee that
the County has a responsibility for this provision clearly mentioned in the contract with the
Santa Rosa Subregional Wastewater System negotiated between the County and the City
of Santa Rosa but, as Miles Ferris previously pointed out at the last full meeting, that
allotment is exhausted. The Committee expects to provide a full report to Council on both
options during the month of June, following completion of the above - referenced reports.
2) Senior Citizens Advisory Commission (Spiro) --
This report was deferred, due to the Mayor's absence from this meeting.
3) Founder's Day Committee (Mackenzie/Reilly)
Councilmember Ma > �nzie referred to the staff report provided to Council reviewing
results of this Comn1li- ;e meeting held on May 19, 1998. The focus is clearly on efforts of
the parade and allow other groups or .ndividuals to develop associated activities. The next
Committee meeting is scheduled at 6:30 p.m., Tuesday, June 2, 1998.
*4) A4iseellaneetrs Councilmember Reilly signified he would be absent from the next
*Founder's Day Committee meeting as he was scheduled to be out of state on business.
*C O R R E C T 10 N A B O V E from 6/9/98 City Council meeting: Per Councilmember Reilly (deletion lined out /addition underlined)
19. COMMUNICATIONS: Communications per the attached outline were brought to the attention
of the City Council. No action was taken unless specifically noted in these minutes.
20. MATTERS FROM/FOR COUNCIL:
1) Urban Growth Boundaries (UGB's) and Citizen Comments (Vidak - Martinez)
Mayor Pro Tempore Vidak- Martinez advised her comments on this subject were made at
the previous Council meeting to make a point, and not intended to be listed on this agenda.
2) Placement of Political Signs (Mackenzie)
Councilmember Mackenzie referred to the City's sign ordinance and inquired about the
mechanism of enforcement for the section that is clear regarding where signs may or may
not be placed. -- City Manager Netter explained the ordinance section which indicates
that signs are not to be placed within public right of ways. The City checks on signs
when complaints are received, but does not necessarily go out looking for them.
-- Councilmember Mackenzie signified, for the record, that there was a Measure A sign at a
particular location on Rohnert Park Expressway, and forwarded the information to the City
Manager for appropriate handling.
3) Press Democrat article re. Rohnert Park water issue -- Councilmember Mackenzie
reviewed aspects of this recent article which has attracted a lot of attention. He shared
that if, in fact, there is a 50% down time on operating wells on the diversion, as the
Press Democrat article signified, this is a matter of great seriousness to this City Council.
Councilmember Mackenzie indicated the need for more extensive considerations during
upcoming budget reviews due to the possibility of not being able to rely on the aqueduct in
the 21st century. Mr. Mackenzie commented that he continued to boast on the City's
sterling record of recycling in this community.
4) Installation of Stop li is at Golf Course Dr. & Roberts Lake Rd. -- Councilmember Reilly
inquired about the installation of stop lights at this intersection since there is no longer a
movie theater project proposed in that vicinity. -- City Manager Netter indicated the
responsibility was for the signal lights at the Double Tree entrance.
5) New Movie Theater timeline -- Councilmember Reilly requested a status report on the
movie theater development at the former Price Club location.
6) Community School site -- Councilmember Flores inquired about the progress of this item.
City Manager Netter advised that the site has been shifted from the original site plans
submitted to the Planning Department. Mr. Netter signified he was happy to report that
representatives of the Community School are much happier with the relocated site.
7) Sonoma County Crushers' Opening Night Friday, May 29. 1998 -- Councilmember Flores
inquired about tickets traditionally obtained for Council. -- City Manager Netter advised
he was having a meeting with Bob Fletcher later this week, and needed to know tonight
which Council Members would be able to attend the Crushers' Opening Night this Friday.
21. CITY MANAGER'S REPORT:
1) Planning Department - Support Services -- City Manager Netter explained efforts working
diligently on this interim solution. He has authorized the contractor Planning Director
Wendy Schulenburg has recommended for the short time frame of the next couple of months.
2) Council Priorities Follow -up - June 9, 1998 5:00 p.m. proposed -- City Manager Netter
explained this is continuing the process to follow up on recommendations from Rick Brown's
workshops, and is also part of the upcoming budget process. -- Council concurred.
3) Announcement of Karen Mejia as Administrative Assistant to the City Manas�er
City Manager Netter referred to the recent Media Release and background information
provided to Council for this announcement and advised he will invite Ms. Mejia to the next
Council meeting to introduce her to the City Council. -- Council acknowledged Tami
Taylor, who was present at this Council meeting, and expressed appreciation for her efforts
over the past few month, as Interim Secretary to the City Manager. -- City Manager Netter
advised Ms. Taylor would be filling in with secretarial duties in the Planning Department and
expressed appreciation for her continued availability.
EXTEND COUNCIL MEETING: Upon motion by Councilmember Mackenzie, seconded by
Councilmember Flores, and unanimously approved, to extend the Council meeting past
10:00 p.m. to finish necessary agenda items.
4) League of California Cities - Helen Putnam Award Program
City Manager Netter advised this 1998 Call for Entries from the League of California Cities
for the Helen Putnam Award Program was provided for Council's information.
5) ABAG Grant Proposal & Update re. Strategies for Economic Development in Sonoma
Coun
City Manager Netter reviewed his memorandum of May 22, 1998 with attached proposal and
project description for this next phase and final program of an ABAG grant to develop
subregional cooperation on a number of issues for economic development. This plan focuses
on (1) data collection and analysis to be used as a tool for future decision making in the
region, and (2) business attraction and retention, designed around workshops to train and
educate staff on economic development strategies. Each city may be asked to contribute a
small, not yet determined, matching fee. The total ABAG grant would be approximately
$12,000 to $15,000. City Manager Netter recommended approval of this project proposal.
Council concurred.
22. CITY ATTORNEY'S REPORT:
1) Any items from closed session
City Attorney Flitner advised the Mayor Pro Tempore's report on this item was sufficient.
2) Rules of conduct for closed session discussions --
City Attorney Flitner signified that his memo provided at the previous Council meeting on
public hearing notice requirements, did not include his response to the second part of the
Council question previously presented on rules of conduct for closed session discussions.
He commented that there is an Attorney General's opinion on this and advised that,
basically, the Council can meet in closed session to discuss litigations, personnel matters
and real estate negotiations. Minutes can be kept on these discussions at the Council's
discretion but it may not be in the best interest to do so, as these can be subpoenaed, so it is
better to announce a decision during a regular meeting, when appropriate. Mr. Flitner
shared the example that the Council might issue licenses for certain types of businesses that
may involve discussions of a confidential nature which would be inappropriate to release
publicly. If these discussions were written down, the reports could be subpoenaed, so the
public meeting announcements of decisions are advisable. City Attorney Flitner signified
that this is the Attorney General's opinion as well.
23. UNSCHEDULED PUBLIC APPEARANCES:
Mayor Pro Tempore Vidak - Martinez asked if there were any additional unscheduled public
appearances at this time. No one responded.
24. ADJOURNMENT: There being no further business, Mayor Pro Tempore Vicki Vidak - Martinez
adjourned the meeting at approximately 10:05 p.m. to 5:00 p.m., June 9, 1998 for review
of Council Priorities follow -up.
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Rohnert Park must address the following problem. r
Rohnert Park was no sewer capacity.
A 20 million dollar City of SR L.T. Wastewater EIR has
completed by the City of SR.
The Rohnert Park customers bill is expected to increase
by about $6.00 per mo.
Rohnert Park sewer processing amount is about 3.1 mil
gal per day plus 180,000 m-g. that has a 15 %
surcharge for every extra gal And another 49,000 m.g.
will be added a day with the already approved building
permits.
The Rohnert Park residence will be paying that sewer
penalty.
The Rohnert Park residence are paying for 1.3 million
dollar low flow toilet program.
The Rohnert Park customers will be paying for a 1.6
million dollar project for water meters.
Will Measure A on the June ballot allows an of increase is 2
square miles. Rohnert. Park is Area 6.8 Square Miles. That is a 25% increase in
size.
That Rohnert Park is Area 6.8 Square Miles increases sewerage.
Will the cost be passed on to the residence of Rohnert
Park?
It is clear that that Rohnert Park residents do not
benefit from development at this time.
Who benefits from Measure A?
IMf ti V
Good evening Madam Mayor, members of the council and City Staff -
You may be surprised to hear that I am not going to specifically address the
Measure A issue.
Instead, I'd like to focus on statements made by Mayor Spiro, Vice -mayor Vidak-
Martinez and Councilman Flores. Statements relating to the lengthy debate on the
future of Rohnert Park and your repeated contention that our City is stagnating
and in danger of economic decline.
First, with regards to the on -going debate over growth in this City, the council
majority keeps reminding us that more than 53 opportunities for citizen
participation have been provided over the past two years. Apparently, you find
solace in this statistic, you look to it as proof that you have done your job - -you
provided opportunities...
But what I want to know is have you been listening? Do you read and respond to
what comes out of these meetings? For example, on page 15 of the General Plan
Committee's Report dated March 12, 1996 is the following statement:
"Solutions to planning problems would be reached through and informed,
objective, examination of the costs and benefits of various alternatives, consensus,
and compromise as opposed to the present polarization and political backlash."
This was the vision of the 20- member citizens committee made over two years
ago.
For a time it appeared that this vision would indeed shape a new approach. The
voters approved Measure N in Nov. 96. Measure N's primary goal was to allow
adequate time for thorough, informed analysis of planning issues facing the City.
Our planning dept. is critically understaffed. The zoning ordinances desperately
need to be updated. Other ordinances need to be rewritten to address our
changing times. The General Plan update is in progress and probably won't be
completed until late 1998 or early 1999. Measure N provides a modest amount
of time to accomplish these time - consuming tasks. Measure N was never intended
to be an ultimate urban growth boundary it is not comparable to Measure A.
Even your own resolution no. 97 -30 directing the Planning commission and city
staff to undertake a General Plan Technical Update supports the belief that good
planning requires accurate information. Let me quote from that resolution.
"Whereas; the City should establish accurate long range planning data and
forecasts so that it can participate as a responsible partner in planning for the
future of the community, sonoma county, and the San Francisco Bay Area." To
date the accurate long range planning data and forecasts that you speak of are not
completed.
The second point I would like to make tonight has to do with the notion that the
city of Rohnert Park is stagnating and in danger of economic decline. From
where I sit on the Planning commission I can see that this is not the case.
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