1991/09/10 City Council MinutesRohnert Park City Council Minutes
September 10, 1991
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
6:33 p.m. and led the pledge of allegiance.
ROLL CALL Present: (4) Councilmembers Hollingsworth, Hopkins, Reilly,
and Mayor Eck
Absent: (1) Councilmember Spiro (on vacation)
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner, Assistant to the City Manager
Leivo, City Engineer Brust, Finance Director Harrow and
Recreation Director Pekkain.
Mayor Eck advised that a closed session commenced this
evening at 6:00 p.m. to discuss a personnel matter, and to
discuss litigation matters. He acknowledged the numerous
residents in the audience who were present to express concern
regarding the mobile home rent control matter. Mayor Eck said
there was unanimous approval by Councilmembers present at the
referenced closed session that the City Council intends to
appeal Judge Weinstein's recent ruling on this matter at such
time as the final court order is filed and read the prepared
statement regarding same (copy attached to original set of
these minutes). No other action was taken and there was
nothing further to report at this time.
RECESS
Mayor Eck declared a recess at approximately 6:37 p.m.
RECONVENE
Mayor Eck reconvened the Council meeting at approximately
6:40 p.m. with all Councilmembers present except
Councilmember Spiro.
Approval of Minutes
Upon motion by Councilmember Hollingsworth, seconded by
Councilmember Hopkins, the minutes of August 27, 1991
were unanimously approved as submitted.
Approval of Bills
Upon motion by Councilmember Hopkins, seconded by
Councilmember Reilly, and unanimously approved, the bills
presented per the attached list in the armunt of
$1,497,760.36 were approved.
Non - agendaed
Mayor Eck queried if any Councilmember had any non - agendaed
utters
items to add to the agenda.
City Manager Netter said he had one informational item to add
under the City Manager's Report.
Rohnert Park City Council Minutes (2) September 10, 1991
Lhscheduled Public Mayor Eck stated that in compliance with State Law (The Brown
Appearances Act), anyone in the audience who wished to make a comrent may
do so at this time. In most cases under legislation of the
new Brown Act, the Council cannot handle an item without
agendizing. To ensure accurate recording, "Speaker Cards" are
Provided at the entrance of the Chamber and unscheduled public
appearances are requested to fill out the cards and present to
recording clerk after speaking. No one responded.
C O N S E N T C A L E N D A R
Mayor Eck queried if anyone had any questions regarding the
matters on the Consent Calendar which were explained in the
City Nanager's Council Meeting Memo.
Councilman Reilly requested Resolution No. 91 -192 be removed
from the Consent Calendar.
City Manager Netter requested Resolution No. 91 -188 be removed
from the Consent Calendar.
Acknowledging the City Manager /Clerk's report on the posting
of the agenda.
Resolution N0.91 -185 A RESOLUTION ACCEPTING GIFT DEED FROM JIMMTE W. ROGERS AND
SHERLYN JOYCE ROGERS TRUST FOR LANDS DESCRIBED IN DEED TO
DONALD L. DAVIS, ET AL, RECORDED UNDER Doa,4 NT NO. 88099865,
SONONA COUNTY RECORDS
Resolution No.91 -186 RESOLUTION APPROVING LICENSE AGREEMENT WITH THE NORTHWESTERN
PACIFIC RAILROAD CUvPANy FOR THE HINEBAUGH CREEK AQUEDUCT,
PROJECT NO. 1989 -13
Resolution N0.91 -187 A RESOLUTION OF AWARD OF CONTRACT, OVERLAYS - 1991, PROJECT
N0. 1991 -3
Resolution No. 91 -189 A RFSOL.i rTIOr: DESIGNlftl , AUHURIZING AND APPROVING THE
INSTALLATION OF STOP SIGNS (on the Rohnert Park Expressway at
Labath Avenue)
Resolution No.91 -190
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY M%NAGER TO EXEC[Jl'E STATE -LOCAL ENTITY
MSTER AGREEMENT AND PROGRAM SUPPL04WTS (SB 300, formerly
SB 140)
Resolution No.91 -191 RESOLUTION OF THE COWCIL OF THE CITY OF ROHNERT PARK ADOPTING
CITY OF ROHNERT PARK WATER EFFICIENT LANDSCAPE GUIDELINES
Resolution N0.91 -192 A RESOLUTION APPROVING SUBMITTAL OF A HOUSEHOLD HAZARDOUS
WASTE, NON - DISCRETIONARY GRANT
Rohnert Park City Council Minutes (3) September 10, 1991
Ordinance No. 547 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION
for Introduction 9.92.050 OF CHAPTER 9.92 OF THE ROHNERT PARK MUNICIPAL CODE
(Retail Firearms Dealers)
Upon motion by Councilmember Hollingsworth, seconded by
Councilmember Hopkins, and unanimously approved, except for
Resolution Nos. 91 -188 and 91 -192, the Consent Calendar as
outlined on the meeting's agenda was approved.
Resolution No.91 -188 RESOLUTION REJECTING ALL PROPOSALS AND CALLING FOR NEW SEALED
PROPOSALS, ROHNERT PARK PUBLIC SAFETY BUILDING SECURITY
SYSTEM, PROJECT NO. 1988 -18
City Nbnager Netter referenced copies provided to Council of
letter received at 5:30 p.m. today from North Coast Builders
Exchange, Inc. (NCBE), Robert L. Harder, Executive Director
regarding this item and requesting that all public projects be
submitted to the local Builders Exchange. Mr. Netter said he
explained that this particular project was a select bid item
because of its specialty, that NCBE understood the situation
and requested that the City make sure relevant notices be
mailed to their offices.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, Resolution
No. 91 -188 was adopted.
Resolution No.91 -192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ESTABLISHING AN ANTI -DRUG POLICY FOR THE WORKPLACE
Councilman Reilly said he was in favor of the concept of an
Anti -Drug Policy for the workplace but did not think the
resolution provided sufficient information to address the
various sanctions involved, such as what the sanctions are and
who will administer them.
A motion was made by Councilman Hollingsworth to refer this
matter to the City Attorney with Councilman Reilly as Council
Committee of one to review the matter further.
Discussion followed during which City Manager Netter
referenced explanation in Council Feting Nbmo and said staff
felt it was necessary to adopt this generic policy by
resolution which meets the conditions of the recent law passed
under the comprehensive omnibus drug bill and is a requirement
for any agency receiving federal grants. Mr. Netter said
disciplinary matters for violations are dealt with extensively
in the personnel rules and regulations. He said the generic
resolution is recommended in order not to be in violation of
the law by not having one on the books and that staff would
work further with the City Attorney to address concerns
expressed tonight.
Rohnert Park City Council Minutes (4) September 10, 1991
Councilman Hollingsworth retracted his previous motion and
upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, including
direction for Councilman Reilly to work with City Attorney
and staff regarding additional administrative details for
the Anti -Drug Policy as recommended above, Resolution No.
91 -192 was adopted.
Scheduled Public Appearances:
Homeless Prevention Ralph Jones, Treasurer of Homeless Prevention Group of the
Group Rohnert Park, Cotati and Penngrove area referenced copies
provided to Council of his letter dated September 3, 1991 with
various attached financial reports and shared contents therein
regarding request for financial assistance.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, to grant $5,000
to the Homeless Prevention Group as requested.
-PROCLAMATION-
OBSERVING Ha E'LESS PREVENTION WEEK - SEPTEMBER 22, 1991
Mayor Eck presented a Proclamation observing Homeless
Prevention Week, September 22, 1991 to Henry F1ahs, Secretary
of Homeless Prevention Group and said this seemed the most
appropriate time for this presentation. He said he hoped it
could serve as a duo purpose to express Council's appreciation
for the efforts of the Homeless Prevention Group.
Parks and Recreation C0ffMi.ssion matter:
City Manager Netter said copies were provided to Council of
H -Pool /Open during staff report dated August 27, 1991 regarding recommendation of
winter months the Parks and Recreation Commission in response to Rohnert
Park Swim Team's attached request to keep H -Pool open during
the months of October through March.
Recreation Director Pekkain reviewed contents of above-
ref t as outlined in the Council Nbeting Memo and
responded to various Council questions confirming the Parks
and Recreation Commission approval of the Swim Team's request
to keep H -Pool open during the months of October through Nbrch
including the provision that the Swim Team Executive Board
submit a statement that it can financially support the
Commission's motion to charge the Swim Team a yearly monthly
fee of $1,500 for twelve months to cover the approximately
$18,000 costs for the six months of winter operation.
Tom Quigley,
1066
Holly, and
Lee Rosichan, 842 Lilac Way,
representatives of
the Rohnert
park Swim Team reviewed details
of the Swim
Team's
request and financial capabilities with
conclusion
approximately
that
50 %,
the Swim
Team felt it could manage
or $8,000 to
$9,000, of the total projected
Rohnert Park City Council Minutes (5) September 10, 1991
winter pool costs with confidence. Mr. Quigley requested
Council's consideration and approval for financial assistance
and submitted to Council a list of lap swinrers' signatures
desiring the pool to remain open during the winter =nths.
Response to inquiry confirmed lap swim charges of $25 during
summer months to a high of $45 during winter months
which are comparable to other areas.
Upon request by Mayor Eck, the many residents present at
tonight's meeting specifically for this issue, signified
support by a raise of hands.
Discussion
followed regarding
the logic of providing seed
money toward the Swim Team's
efforts to keep
H -Pool open
during the
winter months with
consideration
of approving
$5,000 for
this first year and $2,500 for the
second year,
afterwhich
the program should
be sufficiently
developed to
cover the winter costs without
subsidy from the
City.
A motion was made by Councilman Hopkins, seconded by
Councilman Reilly, and unanimously approved, to establish a
phase out program of seed money in the amount of $5,000 toward
the first year (91 -92) and $2,500 for the second year (92 -93)
of winter costs to keep H -Pool open with direction for staff
to prepare an agreement with the Swim Team as recommended for
Council's approval.
RECESS Mayor Eck declared a recess at approximately 7:12 p.m.
RECONVENE Mayor Eck reconvened the Council meeting at approximately
7:15 p.m. with all Councilmembers present except
Councilmember Spiro.
Financial Review City Manager Netter referenced copies provided to Council of
for 1990 -91 staff report dated September 5, 1991 regarding Fiscal 1990 -91
Review of Actual Revenues and Expenditures to Budget and
said this report was provided for Council's information.
City Manager Netter and Finance Director Harrow responded to
various Council questions regarding reasons for certain items
exceeding budget projections including unknown factors in
General Government items such as transitional costs involved
for a new City Manager, additional costs for legal services
due to lawsuits understandably connected with the General Plan
and rent control matters, as well as the various unanticipated
and mandated EIR's, self - insured workers' compensation losses
incurred of which the City has no control, renovation of
the Annex building to provide for the Youth and
Families program, and the previously reviewed deficit of
the Performing Arts Center.
W. Harrow reviewed infrastructure project expenditures as
outlined on the last two pages of the report
Rohnert Park City Council Minutes (6) September 10, 1991
Discussion followed during which City Engineer Brust responded
to Council inquiry regarding the underground storage tank
removal at the Corporation Yard commonly referred to as the
"black hole" and said the actual cash amount is unknown at
this time with the Water Quality Control Agency and the
outcome of this situation is also unknown, but approximately
$50,000 per year has been set up in the City budget. City
Manager Netter said that Water Quality will work with the City
regarding the funding program for the clean up.
Council reminded staff to always inform Council promptly of
any line item in the City's budget that exceeds 5% to 10% of
the approved budget and complimented staff on doing a great
job with all the factors involved with the budget.
City Manager Netter said copies were also distributed to
Council tonight of separate Performing Arts Center, July
1991 financial report. He said the Center's August report
should be finished in another week, that thereafter, these
reports will be done on a monthly basis with copies provided
for Council's review, and that staff will be using such
reports as a management tool for control.
Resolution No.91 -194 A RESOLUTION OF THE CITY OF ROHNERT PARK ESTABLISHING A POLICY
FOR LOW INC'ONE RESIDENTIAL UTILITY DISCaW AND SETTING FORTH
THE STANDARDS FOR ENTIT'LENU� T
City Manager Netter said copies were provided to Council of
staff report dated August 28, 1991 regarding the proposed
Utility Discount Program and shared contents therein as
outlined in the Council Meeting Memo specifying that the
eligibility criteria would be based on the State's
Supplemental Security Income (SSI) requirements. He said
City Attorney Flitner reviewed the matter and prepared
tonight's resolution for consideration.
Discussion followed during which City Manager Netter responded
to Council inquiry that this program would not apply to mobile
home parks since individual mobile home owners do not pay the
City directly and said a discount is already established in
the billings to mobile home parks due to bulk rates which
automatically passes on to the residents.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, reading of
Resolution No. 91 -194 was waived and said resolution
was adopted.
Rohnert Park City Council Minutes (7) September 10, 1991
Project Study Report City Manager Netter said copies were provided to Council of
( Caltrans) State of California's ( Caltrans) Project Study Report for the
U. S. Highway 101 route from Highway 116 to Santa Rosa Avenue.
Director of Public Works Brust referenced plans on display and
reviewed contents the Caltrans Project Study Report. He
responded to various Council questions and said this is the
final report and that Caltrans is not requesting input or
comments at this time.
Discussion followed regarding the need to continue to
comninicate interest in requesting southbound ramps onto
the freeway that would tie into Millbrae Avenue by the
new Wal -Mart Store and the northbound off ramp to Santa
Rosa Avenue.
Max Manzano, 7336 Rasemussen Way, questioned if this project
was district approved or headquarter approved. City Engineer
Brust responded that it is district approved.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved, to pursue
communications regarding this Council's desire for the above -
referenced southbound and northbound ramps via letters to
Caltrans and local legislators.
Property Abatement City Engineer Brust said he inspected the abatement property
at 7512 Blair Ave. located at 7512 Blair Avenue and said repair work continues to
progress, though not quite as fast as previously anticipated.
He responded to Council inquiry that there are now people
living there and they are the ones fixing it up. W. Brust
said the owners recently requested that the abatement be
stopped because of the work that has been done, to which he
responded that the abatement proceedings would continue until
such time as the remainder of the repair work is completed
which includes fixing the yawl, new roof on the garage
and exterior paint.
Planning and Zoning City Manager Netter referenced plans on display and reviewed
matters: contents of copies provided to Council of Planning Staff
File No. 1495 -96 Report dated August 22, 1991 - File No. 1495 -96 for Site Plan
and Architectural Review for the Red Lobster and Olive Garden
Restaurants to be constructed in Rohnert Park by General
Mills. Subject property is a 4.2 acre parcel located on the
southeast corner of the Rohnert Park Expressway and Redwood
Drive; east and south of the Codding Bank in the regional
commercial district. The Planning Commission approved
this Site Plan and Architectural Review at its meeting of
August 22, 1991.
Discussion followed during which Council expressed concerns
regarding the continued poor condition of the state's required
15' set -back strip of landscaping along the U. S. 101 Highway
with confirmation that there is not much the City can do about
Rohnert Park City Council Minutes (8) September 10, 1991
the appearance of this landscaping since it is the
responsibility of Caltrans. Mayor Eck questioned the long
strip of parking along the freeway side of tonight's
referenced site plans. He said previous site plan approval
for Codding Bank required moving the location of the bank in
order to have more appealing landscaping along the side visual
to the freeway and asked if there is any way to arrange the
parking and landscaping on this site for the same reason.
Bob Fields, Representative of General Mills, responded to
various Council questions regarding the above- referenced plans
for both restaurants. He confirmed they have worked with
staff regarding the parking and that there will be reciprocal
Parking arrangements with Codding Bank.
Further discussion followed.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, the Site Plans and Architectural Reviews
for File Nos. 1495 and 1496 were unanimously approved.
Transportation matters: 1) Metropolitan Transportation Commission (MTC) - City
Manager Netter referenced copies provided to Council of letter
dated August 16, 1991 from Metropolitan Transportation
Commission (MTC) regarding reduction in Sonoma County TDA
funds and reviewed contents as outlined in the Council Meeting
Memo. He said this matter has been taken into consideration
in the City's budget. City Engineer Brust said the
impact of the reduction on individual apportionment areas
referenced in the MTC letter should not affect the City's
bikepath project.
2 ) Sonoma County Draft Paratrans i t Improvement Program - City
Manager Netter said copies were provided to Council of letter
dated August 12, 1991 from jHK & Associates regarding attached
Draft Sonoma County Paratransit Improvement Plan report.
City Engineer Brust shared contents of above - referenced draft
as outlined in the Council Meeting Memo and confirmed that the
enure plan is available for Council's review in his office.
Mr. Brust said if Council has further comments to contribute
regarding this paratransit program, he would be able to share
them at the meeting he will be attending tomorrow regarding
this matter. Mr. Brust said the plan basically states an
overwhelming need and he questioned the validity of MTC's
concerns and what MCC considers good paratransit.
City Manager Netter said in addition to the above- referenced
letter and report, copies were also provided to Council of
letter received today from City of Healdsburg, Mayor Pete
Foppiano, and shared contents therein as outlined in the
Council Maeting Memo regarding unmet needs and TDA funds with
MTC's agreement of the need to include certain additional
elements in the paratransit study. Mr. Netter pointed out
Rohnert Park City Council Minutes (9) September 10, 1991
that an estimated $50,000 is needed to complete this study of
which Rohnert Park's share of the cost will be 50 %, or
$25,000, because it is the largest agency that uses TDA funds
for streets and roads purposes. W. Netter said if Council
agrees, Mayor Foppiano should be advised.
City Engineer Brust commented further on the above- referenced
letter and said the proposal is to determine what the real
needs are and to include the cities that have those needs. He
said the streets and roads agencies are looking to include all
of Petaluma in the program to try and meet the needs of all.
W. Brust said he would be able to convey Council's
comments and desires tomorrow when he attends the above -
referenced meeting.
3) Draft Congestion Management Plan/Results of Work Shop -
City Engineer Brust referenced copies provided to Council of
Sonoma County Transportation Authority Agenda for meeting of
August 5, 1991 during which the Public Work Shop was held on
the Draft Congestion Management Program (CW) and said the
meeting centered around growth control and the issue of how
much land use control should be included in the plan. In
response to Mayor Eck's statement regarding the inclusion of
mitigations, W. Brust confirmed the need, but said there is
nothing in this plan to enforce those mitigations.
Mayor Eck acknowledged that this plan had been reviewed
previously and asked if Council had any further questions at
this time. There were none.
4) Sonoma County Transportation Authority /Congestion Manage-
ment Plan (CMP) Draft EnVironmental Impact Report (DEIR) -
City Manager Netter said copies of this draft EIR were
provided to Council for review and comment. All written
comments must be received by October 7th. A public hearing is
scheduled on the DEIR and the CIS on September 30th, 1991 at
3:30 p.m. at the Sonoma County Board of Supervisors' Chambers.
City Engineer Brust responded to Mayor Eck's inquiry that
Council had previously reviewed this matter and suggestions
made by Council at that time have been included in this draft.
Council agreed there were no further comments, input or recom-
mendations to this EIR at this time.
Fall Clean Up Report City Manager Netter said copies were provided to Council of
staff reports regarding Fall Cleanup dated September 5, 1991,
and Empire Waste Management Review of 1990 Fall Cleanup Bill
dated July 29, 1991. He shared contents therein as outlined
in the Council Meeting Marra comparing the increased costs of
this program over the years from $4,700 in 1987 ' $11,889 in
1988, and $18,150 in 1989 and said it is staff's feeling that
the majority of the increased costs were due to "import
garbage ", or garbage imported from outside of the city limits
into the City. In order to cut costs, Mr. Netter said City
Rohnert Park City Council Minutes (10) September 10, 1991
staff and Empire Waste Management have discussed alternatives
to the traditional community cleanup event and reviewed the
resulting recommendation to establish a temporary fall cleanup
and recycling station at the Stadium parking lot. Suggested
dates being Friday, October 11; Saturday, October 12; Sunday,
October 13; Friday, October 18; Saturday, October 19; and
Sunday, October 20 with suggested hours of operation from
8:00 a.m. to 6:00 p.m. daily.
Discussion followed during which Council concluded it would be
less complicated for Rohnert Park and Cotati to do separate
programs rather than attempt the complexities of a joint
effort. Consideration was given to the possible convenience
of both an east and a west site location for Rohnert Park's
program, with the conclusion that the City would be far better
Off cost -wise to have one central site, preferably on
the east side.
City Council unanimously approved to hold the Fall Clean Up as
recommended by staff with the possibility of an east side
location. If a site could not be located, then staff
is authorized to use the Stadium parking lot for the
Fall Clean Up program.
A T & T Uhderground City Manager Netter said copies were provided to Council of
Fiber Optic Cable American Telephone and Telegraph Company (A T & T) Western
Project Territorial Lightguide Project of its undergrounding /fibre
Optic cables from Point Arena to the San Francisco Bay Area
dated August 1991 and shared contents therein as outlined in
the Council Meeting Memo. Mr. Netter pointed out that the
Primary route would go down Commerce Blvd. to Highway 116 and
the alternate route would begin at the Wilfred Avenue
Interchange and proceed south along the Northwest Pacific
Railroad line. He said staff recommends that a letter be sent
to A T & T indicating preference to the alternate route
because this route, along with being a straight line, would
have less impact on the City streets and landscaped areas.
n a(Nt1Vl1 was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, to send a letter
to A T & T indicating preference to the alternate route as
recommended by staff.
Regionalism 1) Establishing Council Committee - City Manager Netter said
it is staff's recommiendat i on that a Counc i 1 Committee should
be formed for regionalism issues in order to secure a
consensus from the Council on how the City of Rohnert Park
wants to respond to this matter. He said this includes the
need for Council to submit a response to Valerie Brown, Mayor
of Sonoma, who is spearheading the Mayors project of
attempting to put together a Mayors' and Councilmembers'
Association's position paper in regard to regionalism.
Rohnert Park City Council Minutes (11) September 10, 1991
Discussion followed during which it was concluded that
Councilman Hollingsworth and Councilman Hopkins would be the
Regionalism Council Committee.
2) City Manager Netter referenced copies provided to Council
of letter dated August 27, 1991 from the City of San Jose
regarding representation for the Bay Vision 2020 Interim
Regional Commission which was forwarded to Sonoma Mayor
Valerie Brown for comment. Council requested that each
Councilmember be informed of meetings regarding the Bay
Vision 2020 proposal.
S.W.B1vd.Shopping City Manager Netter referenced plans on display and said
Center Improvements copies were provided to Council of proposed costs for frontage
improvements for the Southwest Boulevard Shopping Center and
shared contents therein (copy attached to original set of
these minutes) totaling an estimated $12,400. He said now
that plans are in hand, it is staff's recommendation that a
meeting be called with the shopping center property owners in
order to proceed with the plans through the use of Comrunity
Development Agency (CDA) funds and get this basic design
completed to improve the appearance the area.
Discussion followed during which City Manager Netter responded
to Council inquiry that the possibility of the Post Office
locating in the Center is not a dead issue which could bring
the needed activity and, hopefully, snowball into attracting
others into the Center. Mr. Netter also confirmed that
abatements cannot proceed just because a building is empty.
Mayor Eck said Council concerns expressed tonight regarding
the condition of the Shopping Center are understandable, but
at the same time, felt the City should attempt to "use the
carrot approach" and do whatever it can to encourage the
needed improvements.
A motion was made by Councilman Hopkins, seconded by
Councilman Reilly, and unanimously approved, to proceed with
the Southwest Blvd. Shopping Center landscaping improvements
as recommended by staff.
Comnanications ComTmications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
Mayor Eck referenced the list of names attached to tonight's
list of communications urging Council to appeal Judge
Weinstein's September 4, 1991 decision regarding the mobile
home rent control natter and recommended that a simple letter
of response be prepared thanking the mobile home park
residents for their concern and advising them of Council's
decision to appeal according to the prepared statement read at
the beginning of tonight's meeting.
Rohnert Park City Council Minutes (12) September 10, 1991
City Manager's Report: 1) City Manager Netter said copies were provided to Council
of notice from North Bay Title Company dated September 4, 1991
regarding the close of escrow on the sale of City land to the
School District for "M" Section site. He said the completion
of this transaction was three months later than anticipated
due to various complications on the State level.
2) City Manager Netter referenced copies provided to Council
of letter dated August 16, 1991 from the State Department of
Water Resources regarding Urban Water Conservation in
California/Nbmorandum of Lbderstanding and explained that
efforts are being made to develop an association between water
agencies and public interest groups.
City Engineer Brust said the above- mentioned efforts are the
result of compromises with environmental groups and large
State water providers and that many of the smaller water
providers are not entering into this agreement. Mr. Brust
said it is also staff's recommendation not to get into this
agreement at this time at it sets up certain time lines that
could present complications, as well as the fact that it is
hard to withdraw from such an agreement once entered.
Council concurred with staff's recommendation.
3) City Manager Netter said copies were provided to Council
of Public Notice for AB 939 workshop concerning community
goals regarding the reduction of refuse, composting,
recycling household hazardous waste disposal and other
programs to be held at the Rohnert Park Community Center, 5401
Snyder Lane on Wednesday, September 18, 1991 at 7:00 p.m. He
confirmed that this was a continuation of the workshop meeting
held earlier this year in Nay.
4) City Manager Netter said copies were provided to Council
of letter dated September 3, 1991 from Office of County
Administrator regarding Fiscal Year 1991 -92 Jail Booking Fee
Rates and shared contents therein reflecting a 6% increase to
the City over last year's actual costs of $143.59 per booking
to $152.00. Mr. Netter said this is good news compared to the
previ —'- c0nside-Latlun of increasing the amount to $189.00.
Discussion followed during which City Manager Netter responded
to various Council questions regarding efforts toward
implementation of a cite release program. Consideration was
also given to the possibility of establishing a program with
the Highway Patrol on the actual bookings of individuals as
the Highway Patrol is exempt from this County fee. City
Manager Netter indicated he would discuss this matter with
Public Safety Director Dennett and report back to Council.
5) City Manager Netter referenced copies provided to Council
of letter dated May 31, 1991 from California Transportation
Commission regarding the adoption of Proposition 116 Program
Policy and Application Guidelines and said this item has been
Rohnert Park City Council Minutes (13) September 10, 1991
brought to Council's attention because of bicycle grant
timeline. He said results would probably not be received
until after December of 1991 and, because there is a bicycle
grant pending, recommended holding on this project until the
results of the grant application is received. Council agreed.
6) City Manager Netter updated Council on the new animal
shelter plans adjacent to the existing site and said,
hopefully, by the first meeting in October, staff will have
recommendations to enable the architect to present plans. W.
Netter responded to Council inquiry that FAIRE representatives
would be invited to review the plans and confirmed that the
design previously recommended by FAIRE has not been modified.
7) City Manager Netter referenced space concerns for over two
years regarding Friends of the Library and said space has
finally been worked out for them at the High School in the
recently vacated portable buildings.
City Attorney's Report: City Attorney Flitner referenced copies distributed to
Council of his summary regarding mobile home rent control
rulings by Judge Weinstein on September 4, 1991 (copy attached
to original set of these minutes) and said this summary was
also distributed to Mbbile Home Rent Appeals Board Members.
Mr. Flitner said he had nothing further to report.
Matters from Council: 1) Councilman. Reilly referenced copies provided to Council of
news article entitled "CM Signs Aerospace Compact" and said
his concerns are not necessarily supporting the aerospace
industry in California, but used the article as an example to
express concern regarding the mass exodus of industry from
California and that there should be an attempt to start
looking for ways to support industry in California and not
keep creating bureaucracies that are causing this move out of
state. He said many industries say it has been necessary to
cut back to bare minimui staffing because of being so busy
meeting the overlapping environmental policy requirements.
Discussion followed regarding the lack of affordable housing
also being a contributing factor to the problem and compari-
sons were made to less stringent environmental policies in
other areas. Council agreed for Councilmen Reilly to work
with City Manager to develop a resolution or proclamation for
Council's consideration regarding this matter.
2) Councilman Reilly said a resident had recently brought his
attention to graffiti that has been spray painted on the
concrete wall at Golis Park which was thought to be done by
competitive gangs because of the appearance of letters painted
and then over - painted with other letters. Mr. Reilly said the
resident referred to a previous G Section neighborhood meeting
and thought there was going to be another such meeting in
G Section.
Rohnert Park City Council Minutes (14) September 10, 1991
Discussion followed during which City Engineer Brust responded
that any graffiti should be reported to Public Safety
Department afterwhich it is painted over immediately after
evidence pictures are taken. Council comments clarified that
residents should contact the Public Safety Department whenever
they want to make arrangements for a neighborhood meeting.
3) City Manager Netter referenced copies provided to Council
of sanple letter to "R" Section residents from the Recreation
Department regarding an entry form for "R" Park name_ HP ea;r3
ng Of R Park had been brought to Council's
attention about two months ago, that there had been
indications of interest in naming the park, and therefore, the
item was placed on tonight's agenda for Council's
consideration. Staff would like to conclude the naming of the
park so that the final plaque could be finished and a
dedication ceremony scheduled.
Discussion followed during which Councilman. Hopkins said he
thought it would be fitting to name "R" Park after a former
City Councilmember, former Mayor, and long time beneficial
developer of the City, specifically, Jimmie Rogers.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, to name "R" Park after Jimmie Rogers.
Discussion followed during which Mayor Eck said he thought it
would be advisable to provide the suggestion to the residents
of "R" Section, as well as be reviewed by the Parks and
Recreation Commission, or at least place on an agenda to
provide opportunity for "R" Section residents to participate
in the naming of the park in their neighborhood. Councilman
Hollingsworth said in the past Council has at times simply
taken appropriate action for such matters.
The above motion was withdrawn with a motion made by
Councilman Hollingsworth, seconded by Councilman Hopkins. and
unanii`►a-usiy approved, to table this issue for four weeks.
4) City Manager Netter referenced copies provided to Council
of staff memo for informational purposes regarding a visit by
Senator Mike Thonpson at the next Interim Housing Task Force
meeting scheduled at 6:00 p.m. on September 17, 1991.
5) City Manager Netter reminded Council of the Mayors &
Councilm ni ers Association General Meeting /Sausalito Boat
Cruise on September 12, 1991 and confirmed there will be a bus
available for any Councilmember interested in going.
Rohnert Park City Council Minutes (15) September 10, 1991
6) City Manager Netter said the Crane Melon Festival will be
on September 14 -15, 1991 and that there is a need for
volunteers to help with the various events.
7) City Manager Netter said Founders Days will be held
September 21 -22, 1991.
8) City Manager Netter said the NLC Congress of Cities will
be held in Las Vegas from December 12 -16, 1991.
9) Councilman Hollingsworth said he understood the C C & R's
for the D and E sections require tile and wood shingle roofs
throughout the entire neighborhood and he noticed composition
shingles were being put on a house at Country Club Drive and
Eleanor Avenue. City Engineer Brust said the City has been
very careful not be become involved with C C & R's but staff
could approach the residents and see if something could be
worked out regarding the matter.
'hscheduled Public Mayor Eck asked if anyone in the audience wished to make an
. appearances appearance at this time. No one responded.
Adjournment Mayor Eck adjourned the meeting at approximately 9:00 P.M.
—��)Vx I / ,
Q� 11-41 -, A�-//,
d
De Ci 1 rk Mayor
STATEMENT OF THE CITY COUNCIL OF ROHNERT PARK
As the public is aware Judge Weinstein has issued his preliminary statement on the
damages which are to be assessed to the City of Rohnert Park as a result of voter
approval of Ordinance 494 which established rent control for Mobile Home Park within
the City. The damages are a result of the differences in rental rates set by a City -Park
Owner Contract called the Green Book agreement and Ordinance 494.
The City feels the damages awarded are excessive but more importantly the City feels
that the Judges ruling ignores the history of rent control in Rohnert Park and and
deprives our Residents of a fundamental right guaranteed in the State Constitution to
appeal their City governments action, in this case the Green Book Agreement , by the
initiative or referendum process. The voters of Rohnert Park passed, and latter
affirmed, a rent control ordinance which in the Cities view was expressly done to
overturn the Green Book agreement which in the mobile home park residents view was
not a satisfactory public policy.
The City Council feels that the Judges ruling leaving both the Green Book and
Ordinance 494 in place was not correct. Therefore, the City Council intends to appeal
the ruling at such time as the final court order is filed.
Because this will involve continued litigation the City Council must continue to use
restraint in terms of the amount of public comment and debate we can do on the matter.
We would like to express our appreciation to the residents of Rohnert Park for their
patience in this very difficult and confusing matter and hope that future court actions
will be favorable to the City.
September 6, 1991
SOUTHWEST CENTER
Southwest Boulevard / Adrian Drive
PROPOSED FRONTAGE IMPROVEMENTS
1. Remove AC Paving behind New Sidewalk, $ 3,400.00
Prep for Landscaping along Southwest Blvd.
2. Complete Sidewalk on College View Dr. $ 3,000.00
3. Install Trees and Sod behind New Sidewalk S 6,000.00
on Southwest Blvd., Install Trees in Island
West of Adrian Dr., Clean Up Parkway Landscape
ESTIMATED TOTAL IMPROVEMENTS ................$ 12,400.00
SIME vs. THE CITY OF ROHNERT PARK
SUMMARY AS PREPARED BY CITY ATTORNEY JOHN FLITNER \ �f
9/5/91
Rulincts by Judcfe Weinstein on September 4
1. Submittal by Mr. Taylor, (Plaintiffs' expert).
Ruling: Stricken as to any supplementary material regarding
any park other than the ten (10) parks surveyed by defense expert
Stahr.
2. City motion to strike Rancho Verde brief for late filing,
surprise, etc.
Ruling: Taken under submission.
3. Registration fees.
Ruling: Spaces under long term lease are exempt from
payment of registration fees. If City collected any registration
fees from long -term lease spaces a refund is due.
Query: To whom. To the park owner or to the tenant if the
fee was passed through.
4. Prospective homeowner.
Ruling: There is a difference between homeowner and
prospective home owner. Ordinance No. 494 does not require a
mobile home park owner to offer a prospective home owner a month
to month tenancy at the rent controlled rate.
5. Four year agreements.
Ruling: Four year agreements were not permissibly suspended
by the adoption of Ordinance No. 494 and were breached at the
same time the Green Book was breached.
6. Registration of spaces.
Ruling: City may require registration of all spaces, if
desired.
Order on Damages
1. Rent in place as of January 16, 1988, is the starting
amount.
2. Entitled to 4.85% increase.
3. Difference between rent in place plus allowed increase
is damage.
4. Referee or master reviews the situation each January.
Referee or master can determine Green Book rule based on Green
Book factors, legislative changes, long -term leases, etc.
5. Ruling: No prejudgment interest.
6. Excess fees paid by park owners and /or tenants.
Ruling: City may have to settle claims, owners should not
profit from refunds.
7. Ruling: City's request for mitigation regarding long-
term leases. Denied.
2