1991/11/12 City Council MinutesRohnert Park City Council Minutes
November 12, 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
6:28 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 several litigation and personnel
matters. He said no action was taken and there was nothing to
report at this time. Mayor Eck said that Councilman Reilly
had another matter to tend to and should arrive at tonight's
Council meeting around 7:00 p.m.
ROLL CALL
Present: (4) Councilmembers Hollingsworth, Hopkins, Spiro
and Mayor Eck
Absent: (0) None
Late: (1) Councilman Reilly ( Time of arrival is noted in
these minutes)
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner, Assistant to the City Manager
Leivo, Director of Public Works /City Engineer Brust, and
Planning Director Skanchy.
Approval of Minutes
Upon motion by Councilmember Hopkins, seconded by
Councilmember Hollingsworth, the minutes of October 22,
1991 were unanimously approved as submitted.
Approval of Bills
Upon motion by Councilmember Hopkins, seconded by
Councilmember Hollingsworth, and unanimously approved, the
bills presented per the attached list in the amount of
$1,085,050.70 were approved.
Non - agendaed
Mayor Eck queried if any Councilmember had any non - agendaed
items to add to the agenda.
City Manager Netter said he had two miscellaneous items to add
under City Manager's Report.
Nbment of Silence Mayor Eck said a moment of silence would be observed at this
time in memory of Jack Lepinski who passed away recently of
natural causes. He said Mr. Lepinski played an inportant role
in the development of this com mity in his former capacities
both as a Planning Commissioner and City Councilman and his
efforts and commitment have been greatly appreciated.
Rohnert Park City Council Minutes (2) November 12, 1991
Unscheduled Public Mayor Eck stated that in compliance with State Law (The Brown
Act), anyone in the audience who wished to make a comment 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.
A resident signified from the audience that he would like to
make comments during tonight's Scheduled Public Appearance
regarding Leadership Rohnert Park.
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 Manager's Council Weting Mamo.
Mayor Eck requested Resolution 91 -221 be removed from the
Consent Calendar. Council concurred.
Acknowledging the City Manager /Clerk's report on the posting
of the agenda.
Resolution No.91 -217
A RESOLUTION OF RESPECT FOR JACK LEPINSKI
Resolution No.91 -218
A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE
INSTALLATION OF STOP SIGNS (on Hailey Court at the Hillview
Court Intersection)
Resolution No.91 -219
A RESOLUTION OF THE CITY COLNCIL OF THE CITY OF ROHNERT PARK
ENDORSING THE CALIFORNIA DEPARTMENT OF EDUCATION HEALTHY KIDS
REGIONAL CENTERS INTENT TO FORM A PARTNERSHIP FOR THE
INTERVENTION AND PREVENTION OF GANG PROBLEMS
Resolution No.91 -220
A RESOLUTION ADOPTING AN INJURY AND ILLNESS PREVENTION PROGRAM
Resolution No.91 -222
A RESOLUTION OF THE ROHNERT PARK CITY COLUCIL AUTHORIZING AND
APPROVING AN AGREEMENT WITH GREAT WESTERN BANK (to administer
certain services in connection with Deferred Compensation
Plan Agreement)
Resolution No.91 -223
A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL AUTHORIZING AND
APPROVING AGREENEV'T AND RELEASE WITH FAFCO SOLAR PARTNER II
(Accepting donation of solar pool heating system)
Resolution No.91 -224
RESOLUTION AUTHORIZING ACCEPTANCE OF DEEDS FOR PURCHASE OF
PROPERTIES REQUIRED FOR WILLIS AVENUE RELOCATION RIGHT -0F -WAY
AND REDWOOD DRIVE RIGHT -OF -WAY AND APPROVING PAYWNT OF SANE
Rohnert Park City Council Minutes (3) November 12, 1991
Resolution No.91 -225 A RESOLUTION ACCEPTING COMPLETION
TO FILE NOTICE OF COMPLETION FOR
SYSTEM, PROJECT NO. 1984 -11
AND DIRECTING CITY ENGINEER
WATER & SEWER TELEI'IRY
Resolution No.91 -226 A RESOLUTION
OF
THE CITY COLMIL
OF THE CITY
OF ROHNERT PARK
ESTABLISHING
COMPLAINT PROCEDLRE
A
POLICY AGAINST HARASSMENT
AND
ESTABLISHING A
Resolution No.91 -227 RESOLUTION APPROVING REVISED PERSONNEL RULES AND REGULATIONS
Resolution No.91 -228 A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE
INSTALLATION OF STOP SIGNS (on Hudis Street at the Floral Way
Intersection)
Resolution No.91 -229 RESOLUTION APPROVING QUITCLAIM DEED FROM CITY OF ROHNERT PARK
TO SANDRA POWELL ZARCADES, ET AL (FOR STORM DRAIN EASEMENT)
Upon motion by Councilmember Hollingsworth, seconded by
Councilmember Hopkins, except for the removal of Resolution
No. 91 -221, the Consent Calendar as outlined on the meeting's
agenda was unanimously approved.
National Marine Mayor Eck referenced the resolution for consideration
Fishery Service endorsing relocation of National Marine Fishery Service Center
Center to Eureka and copies provided to Council of Press Democrat
article dated November 11, 1991 entitled "Eureka site faces
powerful opposition reviewing efforts of Democratic
Congressman Frank Riggs toward the construction in Eureka of a
new, federal fisheries lab. The article said that the
National Marine Fisheries Service laboratory, currently
located in an aging, run -down facility in Tiburon, is looking
for a new home in either Bodega Bay, Eureka or Monterey.
Mayor Eck said he was not in a position to specifically
support the Eureka location when other sites are being
considered. Discussion followed.
A motion was made by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, to write a
letter over the Mayor's signature suggesting to the Bodega Bay
Marine Laboratory that this Council's recommendation would be
the Bodega Bay site.
Scheduled Public Claudette Keller, member of the steering committee for
Appearance: Leadership Rohnert Park, reviewed her educational background
Leadership as a graduate from Pittsburgh University of Pittsburgh,
Rohnert Park Pennsylvania. She said the Leadership Rohnert Park steering
committee is comprised of very talented and competent people
interested in developing experiential leaders of the
comninity. She said they have some corporate contributions
and feel it is vitally important to have a scholarship fund
established to represent a wide base of participants for
Rohnert Park City Council Minutes (4) November 12, 1991
fairness to make a way possible for individuals to participate
I
ho cannot afford the cost of the program. She requested that
Council give consideration to the possibility of the City
establishing a scholarship fund for this program.
Discussion followed during which Mayor Eck said Council gave
consideration to this request from Dawna Gallagher at last
month's October 8th meeting and reviewed some of the details
discussed at that time, but suggested that the complete
program be presented with schedules, speakers and budgets
before City Council consider a scholarship program.
Discussion continued on the preliminary budget and the
seemingly large budget for lunches, and suggested the
possibility of participants providing their own meals with the
"brown bag" approach which would help considerably in reducing
the projected costs.
Ms. Keller responded that efforts have been made by the
steering committee toward patterning this program after those
across the states throughout the nation and conparisons were
made for the rmst economical food provision. She said the
main concern at this point of development progress is to have
• well- rounded balance of participants by the establishment of
• scholarship fund to provide the opportunity for those who
otherwise could not afford to attend.
Mayor Eck said he heard the presentation for this program
given to the Chamber of Commerce wherein everyone agreed this
is a great program until the "price tag" was revealed and the
people were a little upset with the cost. He said Council
would probably be more inclined to lean toward specific
scholarships rather than a sponsorship fund.
Further discussion followed confirming the City's sizeable
contribution to the Chamber, that the holiday lights should be
funded from funds already given by the City, and Mayor Eck's
recommendation that Ms. Gallagher and Ms. Keller more
carefully coordinate efforts to avoid duplication of
presentations to Council.
The resident who signified interest to address this matter
earlier in tonight's meeting declined to speak at this time.
Commission on the City Manager Netter said copies were provided to Council of
Status of Women re. letter dated October 31, 1991 from Nora Cousens from the
"Gender Balance" Commission on the Status of Women expressing concerns about
the minutes of the September 24th City Council meeting
relative to her public appearance regarding the "gender
balance" matter. W. Net said staff has reviewed her
comments and recommends Council authorize amendments to
pages 7 and 8 of the September 24th minutes as requested and
as outlined in detail in tonight's Council Meeting Memo.
Rohnert Park City Council Minutes (5) November 12, 1991
Discussion followed during which City Attorney Flitner
responded to Council inquiry that it can amend previously
approved minutes if Council recalls the specific details of a
matter in question and /or notices any discrepancies after the
fact. Nayor Eck said the statement referenced in the third
paragraph was his regarding many times a Councilmmber may
have a person in mind for an appointment prior to an opening
or re- appoint the person already in the position. Councilman
Hollingsworth said he would have to abstain from voting on
this item as he was not present at the September 24th meeting.
Councilman Hopkins said he would also have to abstain from
voting on this item as he could not recall the exact details
of the matter.
A motion was made by Councilmember Spiro, seconded by
Mayor Eck, to make amendments to the "Gender Balance" matter
on pages 7 and 8 of the September 24, 1991 City Council
minutes as recommended by staff, and approved by the following
vote:
AYES: (2) Councilmember Spiro and Nhyor Eck
NOES: (0) None
ABSTAIN:(2) Councilmen Hollingsworth and Hopkins
ABSENT: (1) Councilman Reilly
Councilman. Reilly Councilman Reilly arrived at the Council meeting at
approximately 6:47 p.m.
Parks and Recreation City Manager Netter said copies were provided to Council of
Commission matter: letter dated November 2, 1991 from Parks and Recreation
Commissioner Jay Potter informing Council that he desires to
Jay Potter resign his position effective December 31, 1991. City
Resignation Manager Netter indicated that a list of all commissioners with
expiring terms will be provided at the next Council meeting.
Discussion followed including confirmation that the list of
all board and commission openings would be provided to the
Commission on the Status of Women.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, to accept
Jay Potter's letter of resignation from the Parks and
Recreation Commission.
Surplus Hewlett Packard
150 Computer Equipment - City Nanager Netter said copies were provided to Council of
staff memorandum dated November 5, 1991 and letter dated
October 24, 1991 from Andy Durkee of the Career Development
and Resources Center requesting the City's consideration to
contribute its surplus Hewlett Packard 150 computer equipment
to the Center. Mr. Netter reviewed details of this matter as
Rohnert Park City Council Minutes (6) November 12, 1991
outlined in the Council Meeting Mamo and said staff recommends
donating the old Hewlett Packard 150's to this organization
upon clearance of its non- profit status.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth, and unanimously approved, to donate
the City's surplus Hewlett Packard 150 computer equipment to
the Career Development and Resources Center as recommended by
staff, specifying the condition that said contribution be upon
clearance of the Center's non - profit status.
Rohnert Park Pirates City Manager Netter reviewed details of Rohnert Park Pirates
Womens Softball Team Womens Softball Team request for jackets in recognition for
winning the "D" National Championships in Eugene, Oregon as
outlined in the Council Meeting Memo. He referenced copies
provided to Council of quote for the jackets totaling $999.75
and said rather than setting a precedent that could open the
doors for more similar requests, staff recommends certificates
be prepared for each player acknowledging the team's
accomplishment.
Joyce Poueu Joyce Poueu, 5760 Delores Drive, said she did not think
Council's approval of the team's request for jackets would set
a precedent since it is the first time Guanella Brothers have
come to the area and also the first time a team has won the
nationals in this area. She said the City should take this
opportunity to acknowledge the team's accomplishment in a more
satisfactory manner than the presentation of certificates
which she did not feel were necessary since the team has
already received certificates from the Nationals.
Discussion followed during which Mayor Eck reviewed Council's
recent necessity of turning down some very good causes such as
the school program that followed the Women's Softball Team's
jacket request at a previous Council meting. He said Council
has supported Ms. Poueu's program extensively over the years
and thought this particular request was too costly.
Councilman Hopkins said he could vote in favor of providing
funds for the requested jackets as he thought this was a one
time event and worthy of the recognition.
A motion was made by Councilman Hopkins to approve the team's
request for jackets in the amount of $999.75. Said motion
died for lack of a second.
A motion was made by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, to support
staff's reconuendation to prepare certificates for each player
acknowledging the accomplishment of Rohnert Park Pirates
Womens Softball Team in winning the National Championship.
Rohnert Park City Council Minutes (7) November 12, 1991
Property Abatement City Manager Netter said staff has inspected the property
at 7512 Blair Ave. at 7512 Blair Avenue and all the repair work is nearly
completed with the only exception being some general yard
cleanup left to do.
A motion was made by Councilman Hopkins, seconded by
Councilmember Spiro, and unanimously approved, to stop the
7512 Blair Avenue abatement proceedings and remove this item
from future Council agendas.
Councilman Hollingsworth said his only concern was to make
sure that all debris gets taken out of the yard.
Mike Magridge, owner of 7512 Blair Avenue, explained that
great effort has been made toward the repairs on this property
since its purchase this year and all the work has been
completed. He said the only items left in the yard are
construction materials which are stacked and organized neatly
and considered to be personal property. He said his property
is now as clean as any other property in the neighborhood and
would have trouble understanding the City's disapproval of
such personal items. Mr. Kigridge expressed appreciation for
the support and helpful direction received from City Engineer
Brust throughout the improvement efforts on this property.
Council agreed the above- expressed concern only referenced
actual debris in a yard and not personal property items.
Mayor Eck said Mr. Mzgridge's complimentary remarks regarding
assistance from the City Engineer were appreciated.
Transportation 1) Northwestern Pacific Railroad Right of Way - City Engineer
matters: Brust said copies were provided to Council of his memmo dated
October 31, 1991 reviewing the transportation matters listed
on tonight's agenda and shared contents therein as outlined in
the Council Meeting Memo. The first item being a draft joint
powers cooperative agreement proposed between the Golden Gate
Bridge and Highway Transportation District, Marin County
Transit District, County of Marin, and the County of Sonoma
presented for Council's review and comment which essentially
sets up a Joint Powers Authority (JPA) for the purchase and
ownership of the Northwestern Pacific Railroad right of way.
Discussion followed during which City Engineer Brust responded
to various Council questions regarding this matter. He said
he had reviewed the draft and there is no time line
established yet for its approval, but Council should decide
whether or not it wants to support the agreement. Council
expressed concerns regarding representation and providing
language in the agreement that would protect those cities
directly affected along the right of way in regard to what can
and cannot be put on the track, and agreed with Councilman
Hopkins comment that the members of the Joint Powers Authority
should be elected officials from the agencies affected by the
use of the tracks.
Rohnert Park City Council Minutes (8) November 12, 1991
City Engineer Brust responded to Council inquiry regarding
jurisdictions impacted by the railroad right of way which
include Santa Rosa, Petaluma, Cotati, Rohnert Park, and
Healdsburg. He said, in comparison, the impact on Sonoma was
minimal. Councilman Hopkins confirmed he would be going to
the next meeting regarding this matter and would relay
Council's concerns regarding representation of impacted
jurisdictions. Comments were made regarding the possibility
of the mayors of each city sitting on this authority wherein
each community would have a vote which would be a more fair
representation for each city, as well as providing the
opportunity of getting each cities needs heard. Council
agreed it should be very clear regarding who can be on the
committee. City Manager Netter pointed out that the Joint
Powers Authority does not include the City of Rohnert Park or
any other city as a Member Agency. The cities are represented
through the County of Sonoma. The joint power member
agencies are Marin County, Sonoma County and the Golden Gate
Bridge District.
Councilman Hollingsworth said he did not think Council should
accept this proposal. Mayor Eck requested Councilman. Hopkins
to relay some of the above counter proposals and concerns
reviewed tonight by Council at the upcoming SCTA meeting he
will be attending on November 25th.
2) City Engineer Brust confirmed that a joint Sonoma/Marin
Transportation Authority meeting is scheduled for Monday,
November 25th at 7:30 p.m. in the Petaluma Community Center.
3) Highway 101 Corridor Action Committee - City Engineer
Brust shared contents of his above - referenced memo dated
October 31, 1991 regarding the 101 Corridor Action Committee.
He said there has been a lack of interest of members coming to
meetings so they are coming back to the main body of Sonoma
County Transportation Authority (SCTA) and asking questions as
to what direction the SCTA wants the 101 Action Corridor
Committee to take. He said the Committee is concerned about
the level of participation by elected officials at 101 Action
Committee meetings and the committee would like the SCTA to
discuss how participation might be improved (e.g. night
meetings, having jurisdictions designate the same
representatives for both the SCTA and the Committee, possibly
disbanding the 101 Committee and turning its functions back
over to the SCTA). Mr. Brust said the SCTA will be
considering these questions at the next meeting, thus a
position by Rohnert Park on the matter would be helpful.
Discussion followed during which comments were made regarding
most of the traffic problem being related to Marin's refusal
to accept housing while continuing to provide jobs through
Rohnert Park City Council Minutes (9) November 12, 1991
Board approvals of extensive commercial development.
Therefore, the impact on commute train will be directly
related due to the need for housing and Marin should pay
accordingly. Council reviewed the position of the policy
making board wherein whatever is worked out on the 101
Corridor Action Committee has to be worked out with SCTA
anyway and that it makes no sense to continue with the
Committee.
Council concurred that the best approach would be to disband
the 101 Committee and turn its functions back over to the SCTA.
Mayor Eck, as the City's representative on the Marin/Sonoma
Highway 101 Corridor Action Committee, stated he could attend
the next SCTA meeting to express the above - reviewed position
of letting the Authority handle this matter and do away with
the sub- committee. Councilman Hopkins said the next regular
SCTA meeting will start at 3:15 on November 25th, and the
Mayor is welcome to attend in his place, if he wishes.
4. Resol.No.91 -221 A RESOLUTION RESCINDING RESOLUTION NO. 91 -58 FUNDING OF
ROHNERT PARK'S SHARE OF HIGHWAY 101 CORRIDOR'S COMMITTEE
PLANNING AND OPERATIONS
City Engineer Brust explained the resolution as reviewed in
his above - referenced memo dated October 31, 1991 and outlined
in the Council Nbeting Niemo. The City Council, at its meeting
of October 22nd, agreed to rescind this previous offer due to
the lack of other member agencies of the SCTA not providing
their share of the funding.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hollingsworth, and unanimously approved, reading
of Resolution No. 91 -221 was waived and said resolution
was adopted.
5. Resol.No.91 -230 RESOLUTION APPROVING ADDITIONAL FUNDING FOR SONOMA COUNTY
TRANSPORTATION AUTHORITY FOR CONGESTION M4AGEWW PLAN (CW )
CONSULTING SERVICES
City Engineer Brust explained the resolution as reviewed
in his above - referenced memo dated October 31, 1991 and
outlined in the Council Weting Memo regarding Sonoma County
Transportation Authority budget amendment for consulting
services for 1993 Congestion Management Plan (CND). Mr. Brust
responded to Council questions regarding utilization of
the 2105 funds.
Upon motion by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, reading of
Resolution No. 91 -230 was waived and said resolution was
adopted.
Rohnert Park City Council Minutes (10) November 12, 1991
Solid Waste matters: 1) Backyard Composting Program Proposal - City Manager Netter
said copies were provided to Council of staff report from
Assistant to the City Manager Leivo regarding Backyard
Composting Program Proposal which was referenced in Rohnert
Park's preliminary AB 939 Plan and shared contents therein as
outlined in the Council Meeting Memo. Discussion followed.
A motion was made by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, to endorse the
development of a joint Rohnert Park, Santa Rosa backyard
composting program as recommended by staff.
2) City Manager Netter said copies were provided to Council
of staff report from Assistant to the City Manager Leivo
regarding County of Sonoma proposal to form a Joint Powers
Agreement (JPA) for wood waste, yard waste, household
hazardous waste and public education. W. Netter said this
matter was discussed extensively last Friday at the City
Managers' meeting with a City Manager workshop scheduled for
Friday, November 22nd to work out the final details.
Therefore, it is staff's recommendation that this item be
deferred until after the City Managers complete the review.
Council concurred to follow staff's direction regarding this
matter and defer it to a future agenda.
Santa Rosa City Manager Netter referenced copies provided to Council of
Reclamation Bill by News Release dated October 30, 1991 regarding Congressman
Congressman Riggs Frank Riggs proposal of Santa Rosa Reclamation Bill and shared
contents therein as outlined in the Council Nbeting Memo.
Discussion followed during which Council expressed compliments
toward Congressman Riggs' innovative approach to this matter
but commnted that chances were fairly remote that it would
happen. Comments were made regarding both Representatives
Riggs and Packard serving on the Public Works and
Transportation Water Resources Subcommittee which has
jurisdiction over the Clem Water Act.
A motion was made by Councilman Hopkins, seconded by
Councilmember Spiro, and unanimously approved, for a letter
to be written to Congressman Riggs over the Mayor's signa-
ture supporting the bill and complimenting the approach on
this matter.
Regional Government- Councilman Hopkins referenced copies provided to Council of
ABAG position papers packet of information from the Association of Bay Area
& ABAG General Governments (ABAG) regarding regionalism and ABAG's General
Assembly Mbeting Assembly meeting scheduled for November 21, 1991 at 2:00 p.m.
at the San Francisco Hilton Hotel. He said Councilman
Hollingsworth and he as Council Committee met together with
staff to review each item as outlined in the ABAG Platform
report dated November 4, 1991 and concluded that support of
Rohnert Park City Council Minutes (11) November 12, 1991
item #2 regarding streamlining the Bay Area's regional
governance was the only item relevant for this Council's
consideration as the other items listed follow the direction
that cannot be supported.
A motion was made by Councilman Hopkins, seconded by
Councilman Hollingsworth and unanimously approved, to support
only item #2 listed on the November 4, 1991 Platform report
for the ABAG General Assembly on November 21, 1991 recommend-
ing that the Bay Area's regional governance should be
streamlined (by merging ABAG, WC and the Bay Area Air Quality
Management District with no additional authority).
2) City Manager Netter said Councilman Hopkins is the voting
delegate of ABAG and is scheduled to attend the ABAG General
Assembly meeting on November 21st and vote on the above -
reviewed proposal.
Councilman Hopkins said the concerns expressed tonight
regarding regional governance were consistent with conclusions
of cities all over the region which basically pits smaller
rural counties /cities against the larger, more urban
counties /cities.
Ordinance No. 550 AN ORDINANCE OF THE CITY OF ROHNERT PARK ANDMING CHAP'T'ERS
5.08 AND 5.12 OF THE ROHNERT PARK "ICIPAL CODE RELATING TO
BUSINESS LICENSE TAX
City Manager Netter explained the ordinance presented to
Council for possible introduction as reviewed in staff memo
dated September 19, 1991 from Finance Director Harrow and
outlined in Council Meeting Nbmo which would amend the Rohnert
Park Municipal Code increasing the business license tax to
local businesses that have not been increased for over ten
(10) years. Mr. Netter shared contents of copies provided to
Council of letter dated November 7, 1991 from the Rohnert Park
Chamber of Commerce expressing support of the adjustment
and the results of the conpleted surveys received from
Chamber Members.
Discussion followed during which Council agreed a letter of
appreciation should be sent to the Chamber of Commerce for its
support on the business license fees increase during this down
economic time. Council also concurred that the ratio of City
staff to population charts should be made more public which
show this City is actually running better than other cities in
the County with fewer employees per capita; i.e. such as
publish in the Annual Report, City Newsletter, and possibly in
the Chamber Newsletter.
Upon motion by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, reading of
Ordinance No. 550 was waived and said ordinance was introduced.
Rohnert Park City Council Minutes (12) November 12, 1991
Planning and Zoning: Mayor Eck said with the Council meeting running ahead of
File No. 1432 schedule, the time being approximately 7:30 p.m., it was too
early to proceed with the public hearing for the proposed Wine
Center EIR listed next on the agenda at 7:50 P.M. Therefore,
Council would defer this item to later in the meeting and
proceed with the next agenda item.
File No. 1510 City Manager Netter said the Planning Commission has scheduled
a public hearing on November 14, 1991 to consider an amendment
to the Zoning Ordinance relative to housing for individuals
with special needs. He reminded Council that this item was
brought forth due to Kathleen Burnham's RV located on
Copeland Creek Drive and said, for Council's information, that
Ms. Burnham has vacated from that site and the land owner
of the site, who had given Ms. Burnham notice to vacate by the
end of the month, has indicated that she does not know where
Ms. Burnham has gone. Staff is also not aware of where she is
but, at this point, the above- referenced Planning Cotttdssion
Public Hearing is still scheduled.
Councilman Reilly said he did meet with the Quinns to discuss
Kathleen Burnham staying at that site with consideration given
to a neighborhood meeting regarding the matter. He confirmed
to Mayor Eck's inquiry that there was no interest signified
from the resident for an additional meeting and, therefore, it
was not necessary at this point.
Triple Crown Softball --City Manager Netter referenced copies provided to Council of
Tournament, 1992 staff report dated November 6. 1991 from Recreation Director
Pekkain with attachments regarding request to hold the 1992
Triple Crown Softball Tournament in Rohnert Park and shared
contents therein as outlined in the Council Meeting Memo.
Mr. Netter said staff recommends supporting this tournament,
which would be the third year in a row for it to be held in
Rohnert Park, and approval of the $2500 expenditure which
would go toward sponsorship advertising.
Discussion followed during which organizational complications
encountered relating to the first two years' efforts for this
tournament were reviewed to which City Manager Netter
responded that Recreation Director Pekkain has advised the
concerns have been worked out, especially in regard to
sufficient workers for the tournament without using City
staff. Mr. Netter responded to Council inquiry regarding
sponsors and further explained the $2500 expenditure toward
sponsorship advertising.
A motion was made by Councilman Hopkins, seconded by
Councilment�er Spiro, authorizing the $2500 expenditure for
sponsorship advertising and to support holding the Triple
Crown Tournament in Rohnert Park for one more year with
the hope that organizational problems can be resolved to
enable this Council's support in future years, was unanimously
approved.
Rohnert Park City Council Minutes (13) November 12, 1991
Rent Appeals Board
Mayor Eck said the letter of resignation from Rent Appeals
matters:
Board Member Vern Smith has been pending for several Council
meetings and that W. Smith is his appointment. He said he
1) Resignation of
did not like losing W. Smith because of his expertise and
Vern Smith
experience on this Board, but understood that he no longer
qualifies to continue to be a Board Member after the end of
the year because of the term time limit. City Attorney
Flitner responded to the Mayor's inquiry regarding the
possibility of any exceptions to the limit of terms that the
stipulations are set for two, two year consecutive terms for
the Rent Appeals Board. Mayor Eck said his nomination to fill
W. Smith's vacancy had not yet arrived at tonight's meeting,
therefore, W. Smith's resignation could be accepted at this
time and the nomination would be made later in the meeting.
A motion was made by Councilman Hopkins, seconded by
Councilmember Spiro, and unanimously approved, to accept the
letter resignation of Vern Smith from the Mbbile Home Rent
Appeals Board.
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.
Councilman Reilly referenced item #43 on tonight's
Communication list regarding letter dated October 28, 1991
from Fourth District Senator Mike Thompson wherein the first
meeting of his Environmental Advisory Committee will be held
at the State Capitol Building on Friday, December 6th, 1991
from 1:00 to 3:00 p.m., and advised that he had recently
accepted the invitation to said committee and would be
attending the the meeting as scheduled.
Discussion followed daring which City Manager Netter said
Councilman Reilly's participation on the committee is
noteworthy and a news release should be published in
recognition of same. Council agreed.
City Manager's Report:1) WILIAL AID ASSISTANCE - City Manager Netter said copies
were provided to Council of staff report from the Department
of Public Safety regarding its mutual aid response to the
recent Oakland /Berkely fire and recent Gaye LeBaron's Press
Democrat Article dated November 6, 1991 regarding this matter.
W. Netter said the cost to the City would be approximately
$10,000, reviewed details of costs, and explained
reimbursement requirements from the State.
Discussion followed during which Mayor Eck recommended that a
note of recognition and appreciation from Council be written
to the Department of Public Safety and those who assisted in
the mutual aid call. Council agreed.
Rohnert Park City Council Minutes (14) November 12, 1991
2 ) MDLiVT'AIN SHADOWS RESORT /errant go 1 f balls - City Nanager
Netter referenced copies provided to Council of letter dated
October 23, 1991 from American Golf Corporation reviewing the
issue of errant golf balls emanating from Mountain Shadows
Golf Course and shared contents therein regarding intentions
to handle the situation. Mr. Netter said this matter is
basically out of the City's hands and is the responsibility of
the American Golf Corp. He said they have been gracious in
the past to pay certain related costs but are somewhat appre-
hensive that if they compensate individuals on this situation,
it will set a precedent because of C.C.& R.'s established.
3) U.S. 101 TANKER FIRE SETTLEMENT - City Manager Netter said
copies were provided to Council of a report to the City on
October 30, 1991 from Sonoma County District Attorney's Office
regarding Sabek settlement documents. The City will be
receiving approximately $26,000 that will be used to offset
equipment and other costs that are budgeted this year.
4) RANCHO FELIZ MOBILE HONE PARK /RELOCATION REQUEST - City
Nanager Netter said the following was an informational item in
which John Terzer, Regional Manager of Rancho Feliz Mobile
Home Park, has asked if there might be a possibility of
relocating his park now that the Price Club and other
developments east and north of his park have come into the
neighborhood. He has said he would not be against relocating
his park if Council would not be against zoning his existing
site commercial. He indicated he would attempt to protect the
rents and rights of existing tenants. Mr. Netter commented
that he would have to get well over $15 per sq.ft. on his
existing parcel in order to make it economically feasible to
have enough money to develop a new park.
Discussion followed and it was the general opinion of the
Council that the record reflect Council is not interested
in giving consideration to the relocation of Rancho Feliz
Nbbile Home Park.
5) SW BLVD. SHOPPING CENTER UPDATE - City Manager Netter said
Richard Hoertkorn, owner of the vacant building (formerly
Crown Nbrket) in the Southwest Blvd. Shopping Center has been
contacted by Congressman Frank Riggs aide in pursuing the post
office relocation. Congressman Riggs office indicated they
will assist in this matter. In addition, Mr. Hoertkorn is
following up on an indoor play park concept which was outlined
in a recent Time Magazine article. This indoor play park
would seem to be a great use for this site. The owner of Crown
Market has contacted the people in St. Louis who are in charge
of the organization of this program to see if they would be
interested in his location. Therefore, with the Post Office
as one consideration still pending, there are other ideas
being considered for said location.
Rohnert Park City Council Minutes (15) November 12, 1991
Rent Appeals Board Mayor Eck introduced Richard A. Brody, 1313 Megan Place, as
matter: his nomination to the Mobile Home Rent Appeals Board as
previously mentioned earlier in tonight's meeting. Council
Vacancy Appointment expressed appreciation to Mr. Brody for his interest in the
appointment to the Rent Appeals Board. Mr. Brody said he was
happy for this opportunity to serve in the come niity.
A motion was made by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, to accept
Mayor Eck's nomination of Richard A. Brody as appointment to
the Mobile Home Rent Appeals Board with his first term
expiring on December 31, 1992 consistent with Council's
previous decision to ensure establishment of staggering terms
for said Board Members.
RECESS Mayor Eck declared a recess at approximately 7:49 p.m.
RECONVENE Mayor Eck reconvened the Council meeting at approximately
7:58 p.m. with all Councilmembers present.
Planning and Zoning: Mayor Eck said Council would now proceed with the item
File No. 1432 (1.a) regarding the public hearing for the proposed Wine Center EIR
which was scheduled at 7:50 p.m. on tonight's agenda.
City Manager Netter outlined the two phases as listed on the
agenda regarding Sonoma County Wineries Association proposed
Rohnert Park Wine Visitor Center, the first being tonight's
scheduled public hearing for the Focused Environmental Inpact
Report (EIR), and the second phase being the Economic Report
and feasibility of the project which would be handled after
the environmental review is conpleted. He said copies were
provided to Council of resolution for consideration to certify
the referenced EIR and other documentation including
correspondence to date regarding this matter as follows:
(Copies of letters attached to original set of these minutes)
SUPPORT - 1) Nabih Geha, General Manager of Red Lion Hotel
dated November 8, 1991;
2) Linda R. Johnson, Executive Director of Sonoma
County Wineries Association dated May 3, 1991;
3) Nabih Geha, General Manager of Red Lion Hotel
dated Nby 7, 1991;
4) Brad Hutton, Operations Vice President of Red
Lion Hotels & Inns dated April 16, 1991; and
SUPPORT CONCEPT BUr EXPRESSING TRAFFIC CONCERNS re. LOCATION
1) Dave Nbchel, resident of Rohnert Park dated
October 22, 1991
Planning Director Skanchy said tonight's scheduled public
hearing regarding File No. 1432 - Proposed Wine Center Focused
Environmental Inpact Report (EIR) was continued from October
22, 1991 Council meeting. He reviewed contents of copies
provided to Council of Planning Staff Report dated November 5,
Rohnert Park City Council Minutes (16) November 12, 1991
1991 with various attachments as described in the staff report
concluding with adoption of Planning Commission Resolution No.
91 -14 recommending that the referenced EIR be certified by
Council approval of tonight's resolution for consideration
regarding this matter. f&. Skanchy confirmed that tonight's
scheduled public hearing pertains only to the draft EIR.
City Manager Netter said Elgar Hill, Consultant, was present
at this meeting to respond to possible questions regarding
this EIR. W. Netter referenced charts on display to briefly
summarize the three (3) areas of concern regarding this
proposal entitled: 1) Wine Visitor Center EIR Summary;
2) Visitor Activities; and 3) Rohnert Park Annual Tax
Receipts. He reviewed the first listed area of concern prior
to the scheduled public hearing as follows:
1) WINE VISITOR CENTER EIR SU44NRY
a) page after Table #4 -1 giving summary of impact chart;
b) page 3.1 reviewing General Plan consistencies and land
use stating this matter would have to be ro +, „�.,�; to
�-.� VKLLL VV
the Planning Commission for a General Plan amendment
and re- zoning of that area;
c) page 3.2 regarding traffic and parking which was not
significant enough to affect that area and basically
not required because no degradation of the Level of
Service (LOS) rating is anticipated from this project;
d) Economic Study - to be reviewed in more detail at a
later date but study signifies between $80,000 to
$115,000 new revenues to City.
City Manager Netter responded to various Council questions
regarding traffic, open space designation, estimated new TOT
tax revenues and other clarifications and reconfirmed that EIR
Consultant Elgar Hill would respond to any questions needing
further clarification following the public hearing.
Public Hearing Mayor Eck opened the public hearing at approximately 8:20 p.m.
requesting that comments be confined to certification of the
Environmental Impact Report for the Wine Center since the
second item as listed on the agenda will deal with the project
feasibility of this proposal.
Abe Neon Abe Newman, 4848 Fairway Drive, said he was coming before
Council regarding this EIR as both a current resident as well
as formerly living in surrounding unincorporated area. He
said although this facility may be in conflict with the
Rohnert Park General Plan it is certainly in great harmony
With the County General Plan. He watched with great interest
the development of the Roberts Lake area and as far as the
Open space aspect goes, to us as residents, it means a place
with no building or extensive development. The area in and
around the lake would be a terrific kind of open space with
Rohnert Park City Council Minutes (17) November 12, 1991
demonstration vineyards and would probably bring in more
revenues than the hay that is there now. This Wine Center
proposal would be a definite plus as far as impact on the
environment is concerned. Another plus is in connection with
the commuter parking lot right across from the proposed area
since it could be utilized on weekends for overflow parking
needs of the Wine Center when the parking lot is otherwise
empty of commute parking. Mr. Newran said these are good
things that fit together and what he particularly likes about
this proposal is it creates harmony on many different levels.
There is a disturbing schism between the city and the rural
dweller and anything that helps bring them together is
positive. This proposal also harmonizes with so much emphasis
that is placed on agriculture in Sonoma County. Economically,
remembering the old days when you could shop in the country
and stop and buy wine directly from the vintner in a day when
he handled several aspects of the production, whereas, now,
anything that can be done to help the growers disperse the
product would be very helpful. The revenues from sales tax is
probably underestimated since currently a lot of the wine is
wholesaled which does not generate the sales tax, but if
retailed as a result of this proposal, there would be a direct
impact on this area of revenue. Anything that can be done to
improve the value of the open space in the area should be
appreciated by everyone in the County.
Dave Nbchel Dave Nbchel, 6050 Commerce Blvd, read contents of his letter
dated November 1, 1991 expressing several additional concerns
relating to the Wine Center proposal (copy attached to
original set of these minutes) that he wanted to add to his
previous letter dated October 22, 1991 referenced earlier
wherein he was not opposed to the concept of this Wine Center
proposal but recommended moving the Center to a different
location on private land, not in a residential area and not in
a city park, and that the project should be financed with
private funds rather than with scarce taxpayer money from an
already strapped city budget. Mr. Mochel displayed his
sketch of an alternate site plan suggestion called Seed Farm
Center that could be located according to the several
alternatives as recommended in his above- referenced letter
dated November 1, 1991.
Jake McKenzie Jake MacKenzie, 1536 Gladstone Way, said he previously
reviewed the segment of the General Plan under Open Space
Element surrounding Roberts Lake wherein the summary reviews
the commitment to the General Plan as a guide to action and
technique that carries out the policy. Clearly, according
to the General Plan, this particular parcel of land
proposed for the Wine Center would remain passively developed.
Mr. McKenzie said he endorsed the previous speakers comments
and said no other location alternatives were analyzed. The
General Plan states that all elements of the General Plan will
Rohnert Park City Council Minutes (18) November 12, 1991
be reviewed when changes are proposed. Tonight's proposal
does not involve annexation, however it does involve policies
and he would expect all these items of concern to be reviewed.
Mr. MacKenzie repeated that he heartily endorsed Mr. Nbchel's
suggestion that alternatives be reviewed and said he did not
think the Planning Comnission did the Council a favor without
giving consideration to other alternatives.
Bill Kirkpatrick Bill Kirkpatrick, Immediate Past President of Chamber of
Commerce, expressed appreciation for the efforts of City staff
in doing a fine job regarding this Wine Center proposal. The
development of this Center will help enhance business in the
community. Small business in this community is going to need
a lot of help because of the large retail businesses coming
into the area and the small ones will not be able to succeed
without the type of advantages this type of proposal can
offer. Mr. Kirkpatrick asked the Council to evaluate its
staff's reconr endations regarding this proposal and move on
with the process.
Nabih Geha Nabih Geha, General Manager of Red Lion Hotel, said his main
focus regarding the proposal of the Wine Center was to talk
about the economics but thought he could add a little to
previous comments. He said he really believed it is so
important when some people go to the extent of tasting wine,
they will go wherever they can taste, and are not concerned
about the traffic. Nbst of the visitors to the Wine Center
will be from out of town going from one point to another.
This provides a captured audience that can enhance business
and will also help enhance the Wine Center. The future of
many is dependent on Council's decision tonight. An example
of the importance of the situation is that two hotels recently
closed down in Santa Rosa because industry is suffering. If
there would have been an enterprise like tonight's proposal in
the area, these hotels would not be in this situation. The
Wine Center will enhance small business, big business, and the
farmers as well. This proposal not only addresses the future
needs of the comninity as well as the present, but at the same
time will provide as many as 300 to 350 additional jobs in the
area. The Wr tax alone that will be generated involves a
great amount of money.
In response to concerns expressed regarding the use of private
or City funding, Mr. Geha said no one will have to contribute
to this because the Red Lion will expand to compensate which
will generate more revenues. Those at the Red Lion believe in
the environmental aspect of the comrunity as does the City
Council. If people want to live in a rural area, that is one
thing, but for those who live in a city, there must be the
vision to expand and recognize opportunity when it comes. It
is estimated that 25% of the small businesses across the
Lhited States in the next 18 months will face bankruptcy
simply because there is not enough big business to help
Rohnert Park City Council Minutes (19) November 12, 1991
generate the necessary traffic for the small business to
survive. Without local enterprise, businesses like the Red
Lion have to focus on traffic of tourism and providing
entertainment. The only way that can be done is to have the
vision to out sell our product to people which takes hours of
time at great expense. With the development of the Wine
Center, an entity can be provided within walking distance as
well as provide a project that can benefit Rohnert Park and
the surrounding area. The Red Lion Inn pays its fair share of
TOT tax and with one more entity like the Wine Center, it will
be worth raising the TOT tax which will help toward financing
of the Wine Center, the growth of the City and growth for
the area. This proposal provides an opportunity that no one
else has and everyone should be thankful for this opportunity
to develop the Wine Center.
Extend Hearing Mayor Eck said since several cormrents had been made during
this public hearing that were not directly related to the Wine
Center EIR but included additional factors relating to the
proposal such as economics, etc., further such comments could
be heard at this time.
Whitey Stratton Whitey Stratton, 875 Holly Avenue, said he was an eighteen
year resident and tax payer of Rohnert Park and he was here to
speak in total opposition to the Wine Center as proposed. He
said he was not opposed to a Wine Center in Rohnert Park but
definitely opposed to one utilizing tax monies for its
development. He compared the venture to that of the
Performing Arts Center and said the public was promised it
would be a tax free enterprise and there is now a $500,000 per
year nose stone around the City's neck. The rent control
legal matter is another one in which the City should never
have been involved as it appears Council does not know what it
is doing. This is not a good track record. The decision
should be to simply let the developers of the Wine Center buy
the land and go through the normal routine of any other
development. Our taxes should not benefit this type of
project. You have to have common sense and this is
ridiculous. Why would the City possibly want to spend our
money to build a wine center. We are not even near a vineyard
and have nothing to do with the export of wine. He asked that
a motion be made to drop this wine center and put the whole
idea in the grave where it belongs. Mr. Stratton said he has
talked to 75 or 100 individuals who do not want the Wine
Center either. Is there a law on the books that says the City
cannot have money in the bank? Mr. Stratton re- emphasized how
much he opposed this project with City money and said if
Council wants petitions, he would be glad to get them. If
Council wants lawsuits, he said he would bankroll a lawsuit
but would not bankroll a wine center.
There being no one further desiring to speak, Mayor Eck closed
the public hearing at approximately 9:06 p.m.
Rohnert Park City Council Minutes (20) November 12, 1991
Elgar Hill, EIR Consultant, and staff responded to various
Council questions and to questions raised during the proposed
Wine Center EIR public hearing held tonight as follows:
1) Mr. Hill addressed alternate sites and indicated that this
site is primary because of the close proximity of the Red Lion
Inn and Golf Course and the planned joint use programs.
2) W. Hill said he did not have with him the definition
of 'open space" and could not specifically answer the
inquiry regarding the difference between "open space" and
"permanent open space ". However, he understood that it is
possible to amend the General Plan to allow a building like
the Wine Center.
3) In response to Council inquiry regarding whether or not
designated open space could have a building on it, W. Hill
referenced page 3.2 of the EIR and read the definition of
"permanent open space" as "Lands specifically designated for
preservation and retained as virtually free of structural
development and specifically including golf courses,
waterways, and lands set aside and developed for active
recreational use including regional and neighborhood parks."
He said he was not certain that that says you cannot have a
wine center there. Planning Director Skanchy confirmed that
the lack of clarity regarding the open space definition was
the reason for the City Manager's previous statement that
a General Plan Amendment would have to be done.
4) Mr. Hill responded to Council inquiry regarding the
difference between significant or moderate traffic that,
unfortunately the EIR does not allow such terms but thought it
would be necessary to show there was a difference after review
of mitigation measures. He said the traffic engineer came to
the conclusion, however, that this was such a small number of
additional vehicles and trips that it was not necessary to
report on the intersections when getting down to Commerce
Blvd. and freeway ramps because the numbers are even smaller,
so there is no way mathematically to show impacts. Mr. Hill
referenced Figure 6 following page 3.13 and reviewed traffic
volumes as described therein. He said most of the traffic for
this project would occur on the weekend and would not deal
with or affect the conm,tter traffic. Mc. Hill referenced
Table 3 -2 on page 3.13 and reviewed the Trip Generation
Comparisons Peak Hour, In + Out to further respond to Council
inquiry regarding anticipated additional traffic generated by
the Wine Center.
5) Mr. Hill confirmed to Council inquiry that the total
income to the city per year stated on page 3.55 as $195,000
was incorrect and should have been $115,000 which was correct
on the following page 3.56, Table 3.17. He said the
incorrect figure was also included in the first section of
alternatives on page 3.49.
Rohnert Park City Council Minutes (21) November 12, 1991
6) Planning Director Skanchy responded to Council inquiry that
the community separator stops just north of the city limits.
Resolution No.91 -231 A RESOLUTION OF THE ROHNERT PARK CITY COLMIL APPROVING AND
CERTIFYING THE FOCUSED ENVIROM NrAL IMPACT REPORT FOR THE
ROHNERT PARK WINE VISITOR CENTER AS THE FINAL FOCUSED
ENVIRODMCAL REPORT FOR THE ROHNERT PARK WINE VISITOR CENTER
AND DIRECTING THE CITY MANAGER TO FILE A NOTICE OF
DETERMINATION
Upon motion by Councilman Hopkins, seconded by Councilmember
Spiro, reading of Resolution No. 91 -231 was waived and said
resolution was unanimously adopted by roll call vote.
File No. 1432
Councilmember Spiro reported that the Council Committee
(continued)
comprised of Councilman Hollingsworth and herself met recently
to review the project feasibility of the proposed Wine Center.
Economics Study and
She said there are many benefits for the commnity involved in
Project Feasibility
the proposal and, regarding concerns expressed during the
public hearing in regard to the use of public funds, it should
be pointed out that any arrangement would be under a triple
net agreement where the Winery Association would pay rent on
the facility, taxes on the property, as well as covering the
required insurance maintenance, and all operating costs.
Therefore, there wi l l be no liability to the City for day to
day expenses on this building once it is built. Even without
the revenues from TOT taxes, .there will be enough money to
take care of the debt on this building with the rent and use
of the funds set aside of $50,000 to $150,000 which has
previously been designated to the Visitors' and Convention
Bureau. The Sonoma County Wineries Assn. has put $200,000 of
its own money into this project. In response to Mr. Nbchel's
concerns regarding excessive drinking, Ms. Spiro said the
Sonoma County Wineries Association has been a member of the
Sonoma County Responsible Hospitality Project for many years
and is very involved with that program. She complimented Mr.
Mochel on his recommendation regarding a boat house and
said it was a great idea.
City Manager Netter said to put in the record that several
letters have been received from Nabih Geha, General Manager of
Red Lion Inn in support of TOT tax 1% increase. Mr. Netter
said copies were provided to Council of letter dated May 3,
1991 from the Sonoma County Wine Association regarding
interest in conducting workshops and seminars out of U C Davis
throughout northern California.
City Manager Netter reviewed contents of second and third
charts on display which were referenced prior to the EIR
public hearing regarding 2) VISITOR ACTIVITIES, and 3)
ROHNERT PARK ANNUAL TAX RECEIPTS (totaling the estimated
$115,000 previously reviewed earlier tonight). Mr. Netter
Rohnert Park City Council Minutes (22) November 12, 1991
advised, for information purposes, that Elgar Hill and Dean
Runion authored the 1989 Economic Study on the Sonoma County
Visitors Bureau. He said the above- referenced Visitor
Activities chart show that Sonoma County is very active with
the wine industry. Also, very important to this project is
the proposed location because of vicinity and access to golf
course, etc. The location is far enough south so backtracking
is not necessary to locate particular wineries after reviewing
the maps at the Wine Center. The Winery has cornnitted to
$2,500 rent per month for the first year and there is no other
site like this in the states. The only other similar type of
facility is in France.
City Manager Netter reviewed contents of charts on display
regarding 1) Project Costs, 2) Project Funding, and 3)
Financing Options (to fund $1,094,300). Mr. Netter said
copies were also provided to Council of staff report dated
November 5, 1991 from Finance Director Harrow regarding
Possible Financing for Proposed Wine Center.
Discussion followed during which Mayor Eck said the City's
portion of involvement in this project is closer to $3 million
with the value of land being approximately $15 per sq. ft. or
$1.5 million and asked why wouldn't it be reasonable to simply
offer the land for the project and let the Wine Center
construct its own building. The City would then not just
break even on the project but would make a guaranteed profit.
Further discussion followed during which Councilman. Hopkins
said the Wine Center will probably produce an even greater
financial benefit to the community than anticipated or shown
in the economic report.
In response to Council inquiry regarding hopeful start date of
the Wine Center, City Manager Netter said tonight's Council
action would only be to approve concept of the proposal and
then refer it to the Planning Commission for the General Plan
amendment, zoning change review and recommendations.
Financially, the only cost at this stage following concept
approval, would be to approve $10,000 for the architect to
complete the plans. Hopefully, the development of the project
could start next spring.
Councilman Reilly questioned if the type of General Plan
Amendment would be a general policy or just apply to the
referenced area. City Manager Netter responded that there
will not have to be an annexation but all affected elements of
the General Plan would be reviewed and confirmed Council
comment that that does not mean all the elements reviewed have
to be changed, but Council would listen to Planning Staff and
City Attorney recommendations regarding the matter.
Councilman Reilly compared this project with his stand on the
Home Depot project regarding responsibility to the term
"permanent open space" and did not think this Council has the
Rohnert Park City Council Minutes (23) November 12, 1991
right to change the permanent status without calling on
cornnanity opinion to do so. Councilman Reilly said his
suggestion would be to put this matter on a ballot
measure and let the people decide.
Councilman Hopkins responded that this view was understandable
but should be given further consideration. Throughout the
years, the General Plan had to be changed many times to
accomplish what has been accomplished to date. The problem
comes when people consider the General Plan a permanent thing
when, in fact, the General Plan is just that, a general plan
and provides direction until something better comes along and
there mast be the flexibility to make the necessary changes
for the better.
Councilman Hollingsworth responded that Councilmembers were
not put on this Council to place such items on the ballot but
to be responsible and make the necessary decisions. The
General Plan has been changed many times throughout the
development of the City and if the necessary decisions had not
been made in the past, the City would not be where it is
today. He responded to comments regarding the term "permanent
open space" as just that, a term, and should not restrict the
flexibility or process of amending the General Plan.
Councilmember Spiro commented on the term "permanent" and
mentioned the recent news article whereby the Sonoma County
Planning Department recommended building housing in the
"permanent open space /community separator land ".
Further discussion followed during which concerns were
expressed regarding the financial responsibilities of this
project and concluded that Council is only voting on the
concept tonight and will review the financial picture at a
later date.
A motion was made by Councilman Hopkins, seconded by
Councilmember Spiro, to approve in concept the feasibility
study of the proposed Wine Center and refer this item to the
Planning Commission for the necessary General Plan amendments,
zoning changes, site plan and architectural reviews, and
approved by the following roll call vote:
AYES: (3) Councilmembers Hollingsworth, Hopkins
and Spiro
NOES: (2) Councilman Reilly and Mayor Eck
ABSENT: (0) None
Councilman Reilly said he could not vote for the concept prior
to the guarantee resulting from the General Plan amendment
or providing the opportunity for citizens input regarding
the matter.
Rohnert Park City Council Minutes (24) November 12, 1991
Mayor Eck said he could not vote in favor of the concept
because the City is being asked to provide $3 million toward
the project and such an amount is excessive when compared to
the amount coming back from the industry.
Councilman Hopkins said he is not opposed to the idea of the
Planning Commission coming back with a better idea regarding
the development of this project.
City Attorney's Report: 1) Douglas /Whittle lawsuit - City Attorney Flitner
referenced the Douglas/Whittle lawsuit listed on tonight's
agenda and said the matter has been referred to the City's
insurance carrier to be handled.
2) Conditions imposed incident to develop - City Attorney
Flitner referenced copies provided to Council of his
memorandum dated October 9, 1991 regarding conditions imposed
incident to development and shared contents therein (copy
attached to original set of these minutes). City Manager
Netter said the Planning Commission is getting three or four
inquiries every week now regarding requirements for types of
roofing. Councilman Hollingsworth said the directions were
originally very specific and would, therefore, like to do
whatever is necessary to keep it that way and be consistent
with either tile or woodshake shingles. Discussion followed.
A motion was made by Councilman Hollingsworth, seconded by
Councilmember Spiro, and unanimously approved, to refer this
matter regarding consistent roofing requirements to the
Planning Commission for review and recommendations.
3) Rent Control litigation update - City Attorney Flitner said
a judgment has been entered regarding the Rent Control
litigation matter and there is a hold up pertaining to the
receipt of figures on Valley Village. Numbers should be
available at the next meeting.
Nutters from Council: Mayor Eck said the joint meeting with Cotati City Council is
scheduled for Wednesday, November 20th, 1991 at 6:30 p.m. at
the Happy Garden Restaurant in Cotati. He said he had an
unexpected conflict and would be unable to attend. Therefore,
only three Councilmembers are available. Council agreed that
this meeting should be re- scheduled after the 1st of the year.
City Manager Netter said he would contact Cotati City Manager
and inform them of the unexpected conflict and apologize for
cancellation of the meeting and work on a new date after the
1st of the year.
Rohnert Park City Council Minutes (25) November 12, 1991
Mayor Eck said the appreciation dinner /presentation to David
Price, American Golf Corp. was scheduled for Friday, November
22nd, 1991 at 5:30 p.m. at the Dorothy Rohnert Spreckels
Performing Arts Center.
Council concurred to cancel the December 24th, 1991 Council
meeting due to holidays.
Unscheduled 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 10:21 p.m.
t�
De Ci Clerk Mayor
Oct. 2c, 1991
The Hayor and members ut
Rohnert Park City Council
Let me say first of all that I am not opposed in concept to a Wine
Center located in Rohnert Park. It would certainly help to offset the
image we are beginning to project of being "Discount City ". However,
there are several good reasons to question approval of the Wine Center
project as currently proposed.
Over a year ago when City Council approved the W.W. Rohnert Park EIR,
it 'agreed tb\stage developmen0of new projects in the area to allow
ongoing review of cumulative impacts. Since then City Council has
approved major projects includinq Wal -hlart and Home Depot, neither of
which is yet open, but both are expected to generate large traffic
volumes.
In addition, there are a variety of smaller projects including a couple
of qas stations and several fast food restaurants also approved or
already built in the area. Other smaller projects are planned and
moving towards approval. For example, an item on this Thursday night's
Planning Commission agenda is an application by Jimmy Rogers to build a
138 seat pizza restaurant in a building at the same site being proposed
for the Wine Center. All these smaller projects will cumulatively add_.,
to the traffic problem.._
_1_
As traffic increases, severe congestion and air pollution is likely to
occur at the Wilfred Ave. /Golf Course Ur. intersections at Hy.101.
Traffic will back up on 101 and other city roadways in the vicinity.
These intersections and roadways are expected to become the worst
congested in the city despite supposed mitigation measures.
A major question here is when will the City Council begin to live up to
its committment for staging approval of new projects to allow for on-
going re- evaluation of impactsT, How can meaningful re- evaluation take
place if all the projects are approved before monitoring can even
begin? We haven t.even seen an outline of the mitigation monitoring
prdgram yet.
These questions have not been adequately addressed by the EIR, but the
City Council is responsible for providing the answers.
With respect to the Wine Center project in particular, it poses some
special traffic impacts that haven't been discussed. Many or,perhaps
most visitors to the Center won't be familiar with the confusing and
congested roadways they'll confront when approaching or leaving the
Wine Center.W Also, it seems a fair guess that most of the drivers of
all these out -of -town vehicles will have been drinking wine by the time
they leave. -Cr 0", 1 I
In view of the inherently dangerous roadways, it seems highly irres-
ponsible to' create a situation that throws in drivers whose ,judgement
and reactions have been impaired by alcohol. As a resident who must
-2-
negotiate these poorly planned roadways reqular-.1y, I m alarmed at the
hazard your actions could create for me and my family and the families
of my neighbors.
In addition to the questions of ti) staged development, (2) mitigation
monitoring, and (3) traffic safety is how city residents will benefit
by the Wine Center in its proposed location. We as residents are being
asked to give up a portion of a city park, then pay to construc_t_a
building for the main purpose of a commerc.ia_L__en- t.erpr -is�. Lately this
site has been referred to publicly as simply "city -owned land ". But
City Council should face this honestly; this is not ,lust excess city
property - -it is a city park.
If City Council has come to the point where it is looking at conversion
of public parks for private enterprise, we the residents have a right
to question your moral obligation to protecting public land for the
enjoyment of residents. 14 public parks are not protected from
commercial development, are there any limits to invasions on•the public
welfare? You have the power and obligation to answer that question and
some of you may be glad these meetings are not yet televised!
The only justifications I-ve, heard for entertaining approval of this
project are that (1) it will enhance the image of Rohnert Park as a
destination city, and (2) the inflow of free - spending out-of- towners
will bring in more sales tax revenue.
If these are the best reasons for giving up public park land and
raiding an already strained city. budget to the tune of over $1.5
-3-
million, then its a sad day for residents and taxpayers. The rent and
added sales tax revenue we'll get from this project won't come close to
compensating us for the loss of public park use and unwarranted
misappropriation of scarce public tax dollars.
There are a multitude of higher priority uses for public funds to serve
the needs of the general public. As just one example, think of what
$1.5 million would do for enlarging and improving the city library.
This public facility is used by thousands of city residents every year.
But it was built years ago to serve a population only half as large as
it is today. How many residents will ever- make use of a Wine Center as
compared to a library;
z
If we-re ready to spend whatever excess funds we have for a more
humanistic purpose that would also benefit the wine.industry, we could
do something to help house the hundreds of migrant farm workers who
arrive to harvest the vineyards, but have no decent place in which to
live while they're here. I believe we are fortunate to have a thriving
wine industry in Sonoma County, but the plight of migrant workers is
the shame of this industry and a shame on all of us for ignoring it.
(See Press Democrat Sunday edition). What does this say about out-
spending priorities?
On the other hand, City Council may be inclined to see this expenditure
of city resources as an investment that must produce income. if so,
the Wine Center project provides such a risky and poor return.-on
investment that any first -year accountinq student could come up with
-4-
better alternatives.
If you really believe the public park land is expendable, it could be
sold on the open market for fair value, which is considerable.
Proceeds from the sale, along with any other excess city funds, could
then be invested in high grade bonds with minimal risk and a guaranteed
return that would easily exceed any possible monetary benefit the city
would gain from sponsoring the Wine Center project.
What this project comes down to is a scheme - -pure and simple -- to
promote private party interests at the expense of city residents and
taxpayers. City Council should have more integrity than to allow such
t
public deception. We the citizens of this city expect you to make
decisions that will be in our best interests first, and this project
clearly will not do that.
City Council should reject this project as it is currently proposed and
ask its promoters to come back with another plan that:
kt) would use an alternative site, preferably on the west side, that
has better traffic access and does not require use of public park land.
i2) relies more on private sources of funds as opposed to scarce
taxpayer funding.
I hope you will take the time to look at the Wine Center proposal
closely and not feel rushed into making a hasty decision. Please
-5-
examine the issues I-ve raised here, which are not only my own, but
echo the concerns of others who feel even more uncomfortable than I do
to stand up in front of council chambers and speak publicly. I've
provided a copy of this letter to be included in the official minutes
of the meeting, and I'll be happy to make additional copies for anyone
who wants it.
Respectfully submitted,
Dave Mochel r
resident of Rohnert Park
-6-
Po Box 1027, Vancouver. WA 98666.4001 Main St., Vancouver, WA 98663, t206i 696-0001
April 16, 1991
David Eck, Mayor
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94926
Re: Sonoma County Wine Center
Dear Mayor Eck:
We have had the opportunity to review the above - referenced proposal
with Mr. John Sonnier, vice President of Development with Red Lion
Hotels & Inns. As a result of Mr. Sonnier's review, we are now in
an excellent position to fu'ly realize what a demand- generator this
concept will be, both for Red Lion and the City of Rohnert Park.
This project has significant merit and presents a viable
opportunity for increased revenues and future growth.
F have enclosed Mr. Sonnier's Memorandum citing the merit$ of this
project and would request your consideration and comments.
Thank you for your attention to this matter. If you have any
questions or if I can be of assistance to you, please feel free to
contact me at any time.
Sincerely,
r
Brad Hutton
operations Vice President
BH /ras
Enclosure
cc: John Sonnier
Executim Ojfk-"
44PREDUOn.
PO Box 1027, Vancouver. WA 98666.4001 Main St., Vancouver, WA 98663, (206) 6964MI
M E M O R A N D U M
DATE: April 16, 1991
TO: Bradley Hutton
Regional Operations Vice President
FROM: John L. Sonnier
Vice President /Development
SUBJECT: Positive Impact of Sonoma County wine Center to
Rohnert Park Red Lion
As we discussed, my department has done additional research into
the feasibility of building to a maximum density of 345 rooms as
allowed by our E.I.R. from our current number of 245 rooms.
Specifically, we analyzed data regarding origination of visitation,
lost business reports from our group sales representatives, and
interviewed Red Lion employees directly involved with consumer
buying attitudes as they relate to destination and accommodation
preferences.
Leisure and Group, although already seventy -five percent of our
business, represents our greatest opportunity to increase
occupancies to the point of making an expansion feasible. This is
due to two factors: length of stay and area attractions.
Most of our leisure demand has about a 1.5 day average length of
stay. with the majority of our leisure demand Coming from the Bay
area (approximately 60%), a significant amount of visitation to the
area is impulse. Additionally, most of it is passive due to a
shortage of active attractions in the area.
As regards to the group segment, we
hotels for this segment. Our main
golf course, wine tours, scenery and
Executive Offices
compete heavily with Bay area
attractions are the adjacent
lower rates.
Memo to Bradley Hutton
April 16, 1991
Page Two
Based on the above analysis, it is our opinion the interpretive
wine center proposed at Rohnert Park would positively impact Red
Lion occupancies for the leisure and group segments by extending
the length of stay of the leisure guest by giving that segment an
activity and a specific destination thereby ameliorating the short
term tendencies of an impulse trip. Additionally, it would allow
us to tailor group fur tions around seminars and demonstrations to
the food and beverage industry in addition to adding more
activities for other group participants, thereby appealing to a
broader base of potential group room nights.
It is also our conclusion that the addition of area attractions,
such as the wine center, would not only increase occupancy, but
also we believe the transient occupancy tax receipts should
increase dramatically because of the anticipated increase in the
number of room nights sold.
We are currently paying the City of Rohnert Park in excess of
$400,000 annual transient occupancy tax, and would enjoy increasing
that amount to $600,000. We think the proposed wine center will
help achieve that goal.
Please keep our department informed as to the progress and
anticipated completion of the wine center so that we can continue
to update our research.
JLS /el /ras
cc: H. Raymond Bingham
Sonoma County
WINERIES
ASSOCIATION
May 3, 1991
Joe Netter
City Manager
Rohnert Park City Hall
6750 Commerce Blvd
Rohnert Park, CA 94928
Dear Joe:
1?.PC,PIV23D
-04 6
ciry of RoNNF
RT pAR�
Enclosed is a letter I sent to Jim Lapsley who conducts wine
workshops and . seminars for UC Davis throughout northern
California. Right now he does 4 or 5 a year and utilizes El
Rancho Tropicana.
He called back today after reading the information on the Wine
Center and is quite ready to move his seminars /workshops to the
Wine Center and the larger ones possibly to the Red Lion Inn.
He also indicated that he would do more up here if there is a
good location and he does have to spend so much time on the
sites.
He is going to write me a letter with all of this in it in the
next few weeks. Again, this is an example of new business. Also
once we have started working with one university group, it is
easy to get into the network. Right now they are using E1 Rancho
but they are not happy with it.
We are trying to get some more letters like this but most people
want a timetable for when the facility will be open. I tell them
August - -- -you don't thing that's too early do you.......
Cordial -ly,
�/Lin a R. Johnson
Executive Director
encl
Luther Burbank Center for the Arts
50 Mark West Springs Road
Santa Rosa, California 95403
(707) 527 -7701
FAX 707 - 526 -6645
,3onoma County
anWINERIES
ASSOCIATION
Jim Lapsley
UC Davis
Extension Service
Davis, CA 95616
Dear Mr. Lapsley:
9ff, 7S;)- e6 f,,)-
May 1, 1991
Penny Wisner suggested that I contact and tell you about the
Sonoma County Wineries Association proposed Wine Center and
Winery in Rohnert Park. While we will have the capability of
sampling wines of all of our members as well as a retail outlet,
we are especially interested in utilizing the Center as an
educational center serving the trade, consumers and members
within the industry.
The Center will be built by the city of Rohnert Park on city land
and we will lease it back. We will have 8,000 square feet with a
retail shop, office space, winery and tasting room, commercial
kitchen, a display /seminar area and a patio overlooking a lake.
In addition, will be within walking distance of the Red Lion Inn
which can offer convention facilities, golf facilities and
bedrooms. We have made the modifications necessary to concur
with California ABC concerns.
Penni Wisner has been working with us to research and develop
outlines for educational programs. As we represent 109 wineries,
we are designing our programs to provide introductory classes at
the Center and then move the attendees into: -the vineyards and
wineries. Wineries who do not have tasting room or classroom
seating facilities would be able to utilize our facilities as
well. Also, we hope to attract groups from outside the United
States who have limited time to spend in Sonoma County and need
to get an overview of the Sonoma County Wine Industry in a short
amount of time.
I would like to visit with you and explore any possibilities
there might be for us to combine our resources to enhance both
organizations. Penni also indicated that you would be offering a
seminar at the E1 Rancho Tropicana soon and I thought that visit
we could get together then. If not, I would be happy to
you at Davis.
Please let me know if this would be possible. I look forward to
hearing from you. Thank you in advance for your time.
Cordially,
Linda R. Johnson
Executive Director
Luther Burbank Center for the Arts
50 Mark West Springs Road
Santa Rosa, CaMomia 95403
(707) 52" 7701
FAX 707- 526 -6645
RED LION H EL.
SONOMA COUNTY
One Red Lion Drive, Rohnert Park, CA 94928 (707) 584 -5466
May 7, 1991
Mr. Joe Netter
City Manager
City of Rohnert Park
Rohnert Park, CA 94928
Dear Joe:
I would like to take this opportunity to express, on behalf of the
Red Lion Hotel /Sonoma County, our support for the proposed Wine
Center in Rohnert Park.
The addition of the wine center would benefit the Red Lion Hotel by
making us a "complete wine country destination" and giving us
another edge over our competitors. Many groups and individual
leisure travelers may not have time to get in a full wine country
tour during their visit to the area. However, the convenience and
completeness of the proposed wine center would allow the guest to
get a taste of wine country during a short visit and encourage the
guest to visit again.
We have promoted Mountain Shadows Golf Resort in two direct mail
campaigns, one targeted to 8,000 qualified meeting planners and one
targeted to 8,000 golf magazine subscribers. Both campaigns have
and will continue to generate thousands of dollars for the hotel
and golf course. I envision including the wine center in similar
campaigns as well as including it as a featured attraction in our
newspaper advertising directed at leisure travelers.
The Red Lion Hotel hosts over 250 group meetings and conferences
from out of the area per year - over 30,000 guests. We plan on
heavily promoting the wine center in proposals and collateral
material directed at groups. Including a wine center visit as a
part of a group's agenda will become commonplace, and it will give
us a great edge over the competition in bringing groups to the Red
Lion Hotel. We have mentioned it to a few potential groups and
have received an enthusiastic response.
Joe, I see the wine center to be of great benefit in generating
additional business for the Red Lion Hotel and therefore additional
revenue for the City of Rohnert Park. Again, the Red Lion Hotel
will support the wine center and contribute to the success of of it
through our many channels of promotion and advertising.
Since- rejy,,
Nabih Geha
General Manager
Executive Offices
RED uon HOTEL(I r� R ✓ L<J u � vi i
• ECET�D�Y���.�.�
SONOMA. COUNTY Nov g I
One Red Lion Drive, Rohnert Park, CA 94928 (707) 584 -5466 CITY OF, R 1
n,e• " �,._, �� OHNERi PARK
November 8, 1991 F6X
Mr. Joseph Netter
City Manager '
City of Rohnert Park
675 Commerce Boulevard
Rohnert Park, California 94928 �� (�
Dear Mr. ' Netter: / rte- "^^ ` 1 �� ��
When I learned that the City Council would be holding a hearing and
voting on the Wine Center on Tuesday, November 12, I felt it was
appropriate to send this letter to you in support of the Wine Center,
in the hopes that you will share some of these views with the appro-
priate personnel.
All economic conditions today indicate the hotel industry, for the
next eighteen months, will be entering a phase of "slump ". Some
national reports indicate that as many as 25% of the business hotels
will be facing bankruptcy or near bankruptcy situations during this
period of time because of the harsh realities of the economic conditions
nationwide and the cuts major companies are proposing for 1992.
Based on these economic reports, a hotel would not be able to main-
tain a profitable level of operation unless the community and the
hotel were able to have the foresight in creating an attraction and /or
adding more amenities and services so the business travelers and the
leisure travelers could get more for their money. I know very well that
the Wine Center, combined with the golf course and our hotel, can give
the travelers more meaningful comparisons; whether it is their intention
to be here on a business function and /or just as a tourist. I want to
thank and congratulate those who are involved in having such foresight
to create this added amenity in Rohnert Park. I hope that the Wine
Center becomes a reality and we can use it as one of our marketing tools
to sway people our way!
it will be our commitment to use it as a marketing tool to benefit us
all. As I expressed to you in the past, the Red Lion Hotel /Sonoma
County does bear an expense close to one -half million dollars a year
for Sales and Marketing. I hope you can see how the Wine Center can
benefit from our. Team's promoting it along with our hotel!
Additionally, when the City of Rohnert Park asked to increase the
Transient Occupancy Tax (T.O.T.) in the past, the Red Lion Hotel took
an opposing position. I thank the City Council and yourself for under-
standing that we did not feel there should be an increase when Rohnert
Park offered no additional amenity. However, with the addition.of the
Wine Center, I feel that a T.O.T. increase of 1% could be applied.
Executive Offices
}
Mr. Joseph Netter
November 8, 1991
Page Two
Mr. Netter, I would like to reiterate the fact that I believe the
Wine Center will enhance our business as a hotel, and be economically
rewarding for the City and businesses around us. We will become-a
"destination" hotel rather than an "off the freeway" hotel!
In closing, I am very hopeful that our City officials will make a
good and conscious decision that will effect the future and the expan-
sion of the City of Rohnert Park!
if I can be of any assistance, please contact me.
sincerely,
Nabih Geha
General Manager
NG:bw
+Juveaioei 1 17y1
The havor ano Hemmers u;
non ner t F ar k. City .ounc i t
Gurina the last City Council meetino on October CC I said I was not
opposed outright the idea of a Wine Center project located in Rohnert
park. Nevertheless, I criticized the proposal for being located in the
wrong place, improperly financed with city taxpayer money, and likely
to cause worse trattic congestion. I recommended that you should ask
the pro)ect"s sponsors to come back with another proposai that would:
k I ) move the wine Center to a difterent location on private land, not
in a residential area ano not in a city park', ano
kci finance the project with private funds instead of scarce taxpayer
money from an aLreaoy strapped city budget.
There are several things I would like to add to my previous testimony.
First of all. in reqard to traffic congestion, some people are seekina
to downplay the significance of additional traffic- -and traffic
nazards- -that the Wine Center will generate in its proposed location on
Roberts Lake rid. I would therefore like to reiterate that traffic is
alreadv conaested in the area and will get much worse when aii the new
stores, including Wal-Nart and Home Depot, open for business.
HLcot "ding to the 1'y`yi.' tnvironmentai impact Report, r'oaawayS and inte' -
�Eectic!ns in :ne area wi i i oecofne the worst congeStetl in the city, I!L:
t fnenI 171 r Wr!.a? it wi L l du to treewaV tFatt1L.
-i-
Throwing in extra traffic from a Wine Center- on the edge of Roberts
Lake causes some special traffic hazards. most visitors to the Wine
Center will be cominG from out of the county and not in the least
Prepared td'r the confusing set oT turns and lane changes needed to get
there and depart again. Hlso, you can be sure most of them will have
been drinkinq wine by the tirne they leave. Wine tasting is, after
a main reasun to do there.
Some people also apparently want to ignore the significance of drinking
and driving in relation to the Wine Center. Tnev point to the fact
that a bar is already located in the area, and the drinking at this bar
is heavier than what will take place at the Wine Center, While this
may be true, several points should be kept in mind.
First, the bar has been there a long time; it was built lonq before all
the mostly residential development occurred at the north end of Rohner-t
Park, It was there before all the residential traffic began flowing
througn the afTected roadways and intersections to get on and off the
freeway. If that bar wash ,t there today, and instead was comlrrq 1,
a use permit TO lOCate there, you can be sure there would be a lot or
Opposition to it.
Drinking and driving should be discouraged as much as possible, no
matter what the quantity Of alcohol consumed. his someone in the
liquor business, i m sure Councilwoman Spiro would tell you the same
thinq. fro. I son t think visitors to the Wine Center will be gettino
drunk tasting wine. out out -of -town drivers with alcohol- impaired
-C-
judgement and reactions gettinq onto unfamiliar and contusing street=
is a aangeroua comoinaiion, f there is a oar -jGwn tI1Ci'_ now, Gig: :_
least its patrons are local people r'amiljar wltn the roads. rind Mc5_T
of the activity is later at nignt with little tratfiC- f-tot in the
middle at busy weekend afternoons with shoppers and everyone else
trying to get around in a hurry.
Other people, like the editor of the Clarion in his editorial column
last week, choose to continue ignoring the fact that the piece of
property wanted for the Wine Center is part of a public park- -not gust
excess city-owned land. It is Robert's Lake Park- -named for one of
Ronnert l=ark s most respected former councilmen. It's the only city
park with a lake in it.
This park is being chiseled away piece -dy- Niece. One side of It is
already unusaole due to the danger of being hit by a stray golf ball
hit by duffers out on the tirst hole of the golf course. Next, in case
people might nave forgotten, we already gave up several city -owned
acres at the site so Jimmy Roqers could build his Red Lion Plaza, and
incidentally his own office. Now he and his friends want more of iti.
But that s not the end of it. The park suffered another cut when a big
chunk of it was taken to build the connectinq road up to S. Santa Rosa
rave. t City Council keeps sacrificing pieces of this park to
accoffloaate devetopers and Lana speculators, there won't be anvthirla
iefL It to" the pup11C except d ndr'rDw strip next to the tr eeway.
That � = Zjne rit�_ ^.UTa ii ibute tG "he Mei7�Or �„ ��t Lul1n_i imaii KGC�E! -t =.
While you're at it, start asking where the city is getting all the
money to pay for this fancy tittle project. We're already facing a
$1.7 million budo_et deficit this year, thanks in part to a 6560,000
snortfat l at another elaborate Project--the Spreckels Performing Arts
Center--also promoted by some of the same people pusning for the Wine
Center. And they-re giving us the same reasons we've heard before;
that it will help to make Ronnert Far-k. a "destination city" and twat
sales tax revenue from all tnese free- spending out -of -town visitors
will pay for it all.
Well, I don't believe it; the numbers Just aren t there, no matter how
much they get fudged. The biggest free - spenders are the out -of -town
developers who want to spend our tax money to promote their projects,
None of these good ole' boys really live here anymore. So when the
city goes bankrupt from all this public largess, don't expect to see
them racinq to the rescue. Its all of us, the taxpayers and residents
of Rohnert Nark, who'll be left holding the bag.
The whole idea of spending public money to benefit private
enterprise, and then trying to justify it as a way to maybe get some
more sales tax revenue, is a prime case of "Voodoo" economics. it'_
an examo le of the "trickre down" theory on a local level; help the
wealthy out -of -town speculators so that E_a_�%be the rest of us will get
a piece Of the action.
Well, the working families of Rohnert Park nave been trickled on
enough. If it isn't some Special interest wanting a free ride at
-4-
public expense, then it's same government bureaucrat whose Job is s.
secure ne can t even 1=omor eneno any !iiar e how nar +d it is to work. 'Ur
livinq, pay taAe54 and stl l t try to keep a tit? Le so hour iami ty cart
have a better Lite.
N Congressman once said, "A billion here and a billion there, and
pretty soon you're talking about some real money." For a workinq
family, it s a matter of $5 here and $10 there, and pretty soon you're
talking about a week`s grocery money, a school field trip for the kids,
or maybe a late mortagage payment.
It seems like every time we turn around lately, somebody is trying to
make us pay more for water delivery, sewer service, garbage pick -up,
cable Td hook -up, pet license, scnooi taxes, or some other new user Yee
for the same old government service. The last thing we need is more
red ink in the City budget, and this Wine Center could wind up costir:_
us more than any benefit we'll ever see from it.
If city staff really does have extra money squirreled away somewhere.
how aoout spending it for a new library or some other project that wl.i
actually benefit residents instead of subsidizing outsiders trying tc
boost hotel occupancy rates. Thousands of residents use the library
each year, but if funds are misappropriated for a Wine Center, it-11 oe
a long wait for the library.
If City Council wants to build sometninq new and .'Put up a city -owned
building on the Robert s lake site, now about putting up a little
boathouse and getting some paddteooats to rent out like they have on
Lake Ralphine up in Santa Rosa. This would be much less costly than a
Wine Center-, the boat rentals would cover the operating costs, and more
Importantly it would be an aporoprlate use for a public park since it
would benefit both residents and visitors.
To summarize, I`m not saying there.s anything wrong with a little wine
tasting in Ronnert Park. Actually I think it would be kinda nice.
I just oon-t think City Council has any business chopping up public
Parks and spending tax money to finance it.
It Wine Center backers think it'll help promote tneir- businesses, thee,
fine; let them use their own land and money for it. And certainly not
in a location that will create undue traffic hazards for residents. We
live here; not them. But 1i City Council doesn t get the message, then
it will be the taxpayers and residents of Rohnert Park who will be the
ones paying for it.
Having said all that, 1 know the technical decision before you tonight
is not a "yes or no" on the project itself, but only a vote on whether
or not to accept the Supplemental Environmental Impact Report.
However, I've been around here lonq enough to see that once the --R
approved, there s reaily not *ur ther opportunity tor ouolic input and
projects move ouicb:ly tnrougn the city perirrit urocess>
So it it's oniv a tecnnical vote, let me give you a good tecnnicai
reason to reje %? the tiR. hs you all know, the state law kEEQH,
governing the way in which EIR's are to be performed, requires that
reports must give due consideration and a thorough evaluation to
project alternatives. One of these must be the "No Project" aiter-
native, but other potential alternatives must also be evaluated. Iri
the case of tie dine Center, . an unknown number of other Gossible site=
exist, but weren t evaluated.
One such possible site is a Marge vacant parcel directly across the
street from the roller skating rink on N. Commerce blvd. This site is
already zoned commercial and not near any residential areas. Traffic
access is relatively good and it provides freeway frontage -- seemingly a
very important ingredient for any facility whose main purpose is to
attract visitors driving into the county. The site is easily large
enough for a Small lake and perfectly situated next to a creek channel
for water and drainage. The bike path along the channel also makes the
site accessible to walkers and bicycle riders. Furthermore, it is
owned or represented by Jimmy Rogers, who is also a main proponent of
the Wine Center project.
Why this site was overlooked, I cant say. but given all its apparent
advantages, I m amazed it wash t even considered. This is a site I
could easily be in favor of supporting. Since Mr. Rogers is a man of
great vision for Rohnert Park, perhaps he might appreciate how I see
this site being developed.
I see not gust a wine Eenter on this site, but rather a whole complex
o+ low profile buildings, not unlike those in elm Reading's office nark.
across the street. In the center of this comGlex, tnough, is an
irreqular snaped iake with a small landscaped island towards the larger
end, accessible by pedestrian toot bridges. At the other end would be
a Japanese garden intertwined with walkways and tit at night by wooden
lanterns. Along the walkways would be several seating areas with
lattice -type overhead sun screens.
One of the buildings surrounding the lake and gardens would of course
be the Wine Visitor Center. But another would be an upscale
restaurant, and another might be a specialty food store selling other
products of Sonoma County s farm industry such as cheese, berries and
gams, apples ano apple products, various fruits - -even Crane Mellons
when they're in season! With Some good local French bread, some
cheese, and a bottle of wine from the wine Center, visitors could have
a nice little inpromptu picnic in the garden.
Still other buildings might house other businesses such as boutique
shops that will bring in unique merchandise for visitors and locals
alike. Residents say they would like to see some of these kinds of
stores in addition to all the discount warehouse operations now opening
in Rohnert Park.
Naturally I would expect a development of this nature to be financed
mainly with private tunas. but in exchange for tree public access I
wouidn t be ocgosed to getting the city oacknoe over there to help ala
the lake. or .c, 1sInU r?aiaifiiea waSteNat.:� plpea In by the c1ty tl`Giii
the r-et�lonai -eatment plant to keep the lake 1'llleo.
—S-
DISCUSS SITE FLAN
As I see it, here is an opportunity for Mr. Rogers and friends to get
everythinq they want anu more, with all the encouragemenmt and backing
the city can offer - -snort of paying for it. No chances to the General
Flan would be needed, no zoning changes are necessary, and there
wouldn't be any angry citizens snowing up at Public Hearings to
complain about being ripped off by greedy developers. On the contrary;
the developers come out looking like good guys, and so does the City
Council. It's a "win -win" situation for everybody. Who knows, it
might even get more people on the bandwagon for another look at the
idea of a Sports Complex-,
Back to the matters at hand, though. The Supplemental EIR is clear:
as stated on p.5 of the summary and elsewhere in the EIR, no
alternative sites were evaluated. Only the "No Project" alternative
was considered, and not much was said about that. It did not, for
example, point out that other things --such as putting up a boathouse- -
could be done with the site if the Wine Center "No Project" is selecte.n.
Without havino other alternatives to consider, my fear is that City
Council will fall. into what public policy makers call the "Abilene
Paradox". So what is the Abiiene Paradox, you ask?
Welt, once there were three good friends sitting in Amarillo one day
with nothing to do and nothing to talk about. Finally one of them
says, "why don t we taKe a ride over to Abilene."
No sooner had ne said it than he began to wontler why. After all, h.
didn t really want to go on a ride to Abilene, it dust popped into nis
17rad-- iilayGe because ne had just seen Abilene mentioned in a newspaper
headline that morning.
Hnyway, the second friend thinks about it for awhile and finally says.
"yea, its uit with me. Lets go to Abilene." But he really didn't want
to go to Abilene, either. He gust said it because he couldn't think of
anything else to do.
The third friend €FUJy did not want to qo to Abilene. But he didn-t
want to get left behind by himself if both his buddies were going. So
he says, "Gt -.. If both you guys want to go to Abilene, then 111 go
too."
Now the first friend, who still doesn't think going to Abilene is the
best idea he's ever come up with, nevertheless has now begun to see
himself as a LErrDER AMONG mEN. So he stands up and with an
authoritative voice says, "Hot damn. Let's qo to Abilene then ,"
So all three friends pile into the third friends pickup, the same
friend who trUly did not want to go at all, and off they go into the
afternoon sun headed towards Abilene, where none of them wanted to go.
The point of this tittle parable is that decision- makers individuailb
iiiignt not favor an idea; but in a group, with no other alternatives,
and evervrioijv ?nink:inQ they need to do 501"1t7miNG, tnev can ni •i win? --
--iu-
buving into a less than ideal scheme. So in other words, what I'm
saying is; I don't want to see this City Council, as a group, coming to
a quick decision to approve the Wine Center project as it stands now
just because they don't have any other alternatives to look at.
Take a little more time and ask the EIR's author and the project's
backers to come up with some alternative sites. Maybe the parcel on N.
Commerce Blvd. across from the roller skating 'rink has potential as
I've suggested. Or mayoe there s an even better site no one has looi.ad
at yet. But unless you send back this EIR, we li never know about i?
The bottom line is an EIR should be a decision too!, objectively
presenting dlfferent alternatives, and discussing the advantages and
disadvantages of each. Environmental factors should be discussed,
but economic considerations are also encouraged. The whole idea of it
is not real complicated; it's simply to get all the alternatives out on
the table with an unbiased evaluation so that people can decide which
one is best. With that simple idea in mind, it's clear from just a
casual reading that the Supplemental EIR on the Wine Center as we now
see it does not fulfill this simple purpose. Please send it back
and tell staff to keen it until they get it right.
Respectfully submitted,
gea4 -L_ i -71 w`--- -
Dave Nocnel
Resident of Ronnert Park
-II -
i
DATE: October 9, 1991
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MEMORANDUM ''`'y tf',
TO: Joseph D. Netter, City Manager
RE: Conditions imposed incident to development
You have asked me whether certain conditions imposed as a
condition of development are automatically reimposed or are
applicable at the time the property is improved or repaired.
Specifically, the question is whether a condition that the
developer of a subdivision place shake or tile roofs on homes is
applicable when the property owner replaces the roof.
Answer
In my opinion, the condition as it presently exists is
unenforceable as to roof replacements.
Questions Presented
In my opinion, there are two fundamental issues in the this
matter. They are:
1. Is the notice of the condition adequately imposed so as
to constitute a binding obligation on a subsequent purchaser?
2. Is the requirement of the condition adequately imposed
so as to obligate a subsequent purchaser?
Discussion
When the property was developed the city imposed a condition
of development approval at the planning commission hearings on
the development. The condition at that time was that the roof be
roofed with shake shingles, and /or tile. This condition was
imposed as a condition of architectural review in the 1970's.
When the owner of one of the homes in the area applied to
reroof the home, my understanding is that no permit was
necessary. The home was roofed with composition shingles. The
question then arose as to whether the city could enforce and
impose the shake shingle /tile requirement. As stated, I doubt
that the city can enforce the shake shingle /tile requirement
without making the condition a part of a zone or land use
designation which would place subsequent purchasers on notice of
the condition.
There is nothing in the public record or the zone
designation to notify the new owner that the roofing must be
shake shingle or tile.
O
Unless the owner is made aware of th
opinion, the city cannot enforce it. If
enforce this requirement, in my opinion,
place the condition or requirement in the
land use plan, or otherwise place the con
records so that each subsequent owner is
at the time of purchase and the condition
use condition for the area which the city
these requirements.
Respectfully submitted,
JOHN D. FLITNER
City Attorney
e requirement, in my
the city wishes to
it will be necessary to
zone designation or the
dition in the public
aware of the condition
is a part of the land
wishes to subject to