2002/10/22 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
October 22, 2002
Tuesday
The concurrent meetings of the City of Rohnert Park for
the City Council, the Community Development Commission,
and the Rohnert Park Financing Authority met this date in
regular session for a regular meeting to commence at
7:00 p.m. in the Council Chambers, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Flores presiding.
CALL TO ORDER:
Mayor Flores called the regular session to order at
7:07 p.m. and led the pledge of allegiance.
RECESS:
Mayor Flores declared a three - minute break due to
a member of the public speaking out of order.
ROLL CALL:
Present: (4) Councilmembers Mackenzie and
Vidak- Martinez; Vice Mayor Reilly;
and Mayor Flores
Absent: (0) None
Staff present for all or part of the meeting: City
Manager Netter, City Attorney Strauss, Assistant City
Manager Donley, City Engineer Gaffney, Planning Director
Kaufman, City Engineer Gaffney, Recreation Director
Barry, Building Official Braun, Fire Commander Cassel,
and Management Analyst Fogle.
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Flores reported on the closed session which
commenced at approximately 6:00 p.m. to discuss matters
listed on the agenda attachment, representing an update.
The Mayor noted that no action took place this evening
and that the Annual Review of the City Manager's
performance had been completed.
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(2 )
2. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS _ OCTOBER 8, 2002
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, the Regular Concurrent City
Meetings Minutes of October 8, 2002, were UNANIMOUSLY
APPROVED AS SUBMITTED, with a request by Vice Mayor Reilly
to confirm a previous correction to the September 24,
2002, Regular Concurrent City Meetings Minutes, Item 15,
Number 2, that it was he who suggested that Councilmember
Vidak- Martinez attend the next monthly Executive
Subcommittee meeting, as is properly reflected in the
October 8, 2002, approval of the amended minutes.
3. COUNCIL COMMUNICATIONS, IF ANY (INFORMATIONAL ONLY):
Mayor Flores asked the Councilmembers if there were any
informational communications to add to the agenda.
Councilmembers indicated they had no communications to add
to the agenda.
4. YOUTH REPRESENTATIVES TO THE CITY COUNCIL FROM HIGH
SCHOOL YOUTH LEADERSHIP OF ROHNERT PARK SELECTIONS:
1. Recognizing Youth Representatives: No youth
representative were present.
Youth Report /Comments, if an None.
2. Other Youth Comments, if any: None.
At the suggestion of Councilmember Mackenzie, Council
DIRECTED STAFF to contact the Youth Leadership of Rohnert
Park representatives to find out the status of the
program.
5. SONOMA STATE UNIVERSITY ASSOCIATED STUDENTS, INC.,
REPRESENTATIVE:
1. Recognizing SSU ASI Representative Jamie Holian:
ASI Representative Holian was not present.
2. SSU ASI Report /Comments, if any: None.
At the suggestion of Councilmember Vidak- Martinez, Council
DIRECTED STAFF to contact the SSU ASI representatives to
find out the status of the program.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, • 2002 Page (3 )
6. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Introduction of Carla Howell New Executive Director
of the Rohnert Park Chamber of Commerce: Council
welcomed Ms. Howe, who indicated she is looking
forward to working with the City.
2. Reverend Sam Tharpe for Annual Thanksgiving Dinner
invitation and Council consideration of $500
contribution for this annual event: Reverend Tharpe
invited Councilmembers to assist in the Annual
Thanksgiving Dinner, and he requested the use of the
Burton Avenue Center as well as a $500 donation.
Council Discussion /Action: Upon.MOTION by Vice
Mayor Reilly, seconded by Councilmember
Vidak- Martinez, a motion (1) to DIRECT STAFF to
arrange the use of the Burton Avenue Center for the
Annual Thanksgiving Dinner, and (2) to approve a
$500 donation, was UNANIMOUSLY APPROVED.
3. Rebecca Rishe, Chairperson, Sister Cities Committee:
Final Report on Hashimoto Visit and Presentation of
Gifts: Ms. Rishe shared the contents of her report
provided in the agenda packets. She commended
Recreation Director Barry and Rohnert Park's
Association for the Arts (A.F.T.A.) for their
efforts during the visit of Mr. & Mrs. Goto,
Japanese artists who shared their calligraphy and
masks with the community. Ms. Rishe also noted
that efforts are underway to have the Hashimoto
exchange students come here on an annual basis.
Ms. Rishe PRESENTED Council with the gifts for the
City from Hashimoto, and Mayor Flores displayed
the framed letter from the Mayor of Hashimoto.
Introducing Mr. & Mrs. Tadao and Toshiko Kunishi
expressing interest to be appointed to Sister Cities
Committee: Mr. & Mrs. Kunishi were present in the
audience.
4. Sister Cities Committee Appointments - Council
consideration of two "at large" appointments to
fill two vacancies on the Sister Cities Committee
for two -year terms to expire December 31, 2003:
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(4 )
Council Consideration /Action to Fill Two Vacancies -
At Large: Upon MOTION by Vice Mayor Reilly,
seconded by Councilmember Vidak- Martinez, a motion
to appoint Mr. & Mrs. Kunishi to fill two at large
vacancies on the Sister Cities Conunittee for
two -year terms to expire December 31, 2003, was
UNANIMOUSLY APPROVED.
7. UNSCHEDULED PUBLIC APPEARANCES:
Mayor Flores stated that in compliance with State law,
The Brown Act, members of the public wishing to make a
comment may do so at this time, limited to 3 -5 minutes per
appearance, with a 30- minute limit.
At this time, Mayor Flores shared brief comments on the
efforts to keep the California Junior Miss Program here in
Rohnert Park.
1. Rick Powell 3417 Standish Avenue, Santa Rosa, was
recognized and noted that as the President of Rohnert
Park Disposal, he has been approached by several
organizations seeking funding. He indicated that he
was very impressed with the sponsors of the California
Junior Miss Program, as well as the young ladies who
participate in it. Along with Mayor Flores and
Councilmember Vidak- Martinez from the City's Performing
Arts Committee, Mr. Powell PRESENTED Katy Dillwood and
Kathy Gebhardt of the California Junior Miss Program
with a check for $6000 to help maintain the program
here in Rohnert Park.
2. Katy Dillwood, 319 Dominic Court, Windsor, was
recognized and thanked the City for its support over
the years in hosting the California Junior Miss
program. She indicated how difficult it has been to
get funding the last several years, and she thanked
Rick Powell from Rohnert Park Disposal for the
PRnTTF°q°7Rn that the
City work with the program in developing a long -term
plan possibly with fixed rent in order to maintain
the program in Rohnert Park. Mayor Flores stated
that City Manager Netter is working on an analysis
for Council consideration regarding,retention of the
California Junior Miss Program.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(5 )
3. Bonnie L. Black 1065 Hawthorne Circle, was recognized
and discussed the City's need for a safe place for
responsible pet owners to exercise their dogs. She
outlined the various benefits of an off -leash dog area
for the dogs, the owners, the neighbors, and the City
as well. She pointed out the success of other local
off -leash areas, and she encouraged the city to have
its risk manager reevaluate the risks /insurance issues
regarding such a park. She also asked Council to
amend the City's Municipal Code through tonight's
Ordinance for Adoption No. 689 as a first step in
development of an off -leash dog area, particularly as
outlined in the proposal she submitted for a one -hour
off -leash area in Golis Park.
4. John Hudson 399 Bonnie Avenue, was recognized and
encouraged residents of Rohnert Park to go to a local
website called sterba.com where they can discuss local
issues of interest and upload documents. He noted that
two candidates for Rohnert Park City Council, Paul
Stutrud and Charles Kitchen, have agreed to answer
questions put to them on sterba.com, and he asked that
the other candidates do the same so that members of the
public can get to the substance of various local
matters.
5. Len Carlson 349 Circulo San Blas, was recognized and
indicated that he was speaking as the president of the
five local mobilehome parks. He REQUESTED Council's
assistance in determining a way to assess what the
mobilehome park owner's percentage of water would be,
given that the mobilehome parks will be master metered
and that the owners use a certain amount of water for
the clubhouses, swimming pools and /or hot tubs,
laundrymats, and grass areas.
6. Al Barr, 5746 Dexter Circle: Mayor Flores noted that
Mr. Barr would speak under Item 19, Back -up Alarms.
7. Mike Harrow, 5748 Dexter Circle, was recognized and
shared thoughts on three matters: (1) Supports
putting water meters in mobile home parks so that
the residents will be more aware of water conservation;
(2) Encourages Council to work with CourseCo to
restore the private golf cart program; and (3) Supports
the off -leash dog park proposal.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(6 )
8. M Wayne Thush, 4400 Hollingsworth Court, was
recognized and invited Council and members of the
public to a benefit performance for breast cancer
research, "Sing for the Cure," which will include
the Rohnert Park Community Chorale, the Cross &
Crown Lutheran Choir, and the Vintage Choir. He
noted that performances will be on Sunday,
October 27, 2002, at 3:00 p.m. and 7:00 p.m.
Mayor Flores noted that Mr. Thush will speak during
Item 12, Golf Course Matters, as well.
9. Charles Kitchen, 4457 Hollingsworth Circle, was
recognized and expressed concern with the figure
for the cost of the new library at $8.2 million, far
from the original $3.5 million estimate. He also
raised questions about the use of redevelopment
money to pay for granite countertops and a marble
fireplace in the library. Mayor Flores noted that
the Exchange Bank donated the money for.the
fireplace, and the granite countertops were chosen
for longevity.
10. Tim Jasper, 4886 Fairway Drive: Indicated that he
would speak during Item 12, Golf Course Matters.
11. Lauren Wygant, 1810 Rainier Circle Petaluma, was
recognized and indicated that she is a dog trainer
here in Rohnert Park and she teaches at the Recreation
Center as well. She outlined her local and national
level experience in working with dogs, and she
discussed the City's ability to limit its liability.
She encouraged the City to create an off -leash area
and shift the liability and responsibility for the
behavior of the dogs onto the individual dog handlers.
She recommended the City take advantage of any
protection offered by precedents in other areas, and
she noted that the City of Claremont, California,
has a well worded off -leash ordinance which takes
into account behavior and legal issues.
*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
8. CONSENT CALENDAR:
Mayor Flores asked if there were any questions about
the matters on the Consent Calendar, which were explained
in the City Manager's Council Meeting Memo. The Mayor
signified removal of two Consent Calendar items for
further discussion as follows: Resolution No. 2002 -240
per Mayor Flores' recommendation, and Resolution
No. 2002 -244 per Vice Mayor Reilly's recommendation.
*City Council /Community Development Commission/
Rohnert Pars F iiiaiiciig T u t iL. i o ri -0L_- a y
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(7 )
A. ACKNOWLEDGING THE CITY MANAGER /CLERK'S REPORT ON THE
POSTING OF THE MEETING'S AGENDA
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
*CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$1,368,161.64
*COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$317,515.57
C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END,
AUGUST 31, 2002, CONCURRENTLY FOR:
*CITY OF ROHNERT PARK /CITY COUNCIL
*COMMUNITY DEVELOPMENT COMMISSION
* ROHNERT PARK FINANCING AUTHORITY
D. Resolutions for Adoption:
2002 -241 SUPPORTING NOVEMBER 15, 2002, AS "AMERICA
RECYCLES DAY"
2002 -242 AWARD OF CONTRACT, FREEWAY MESSAGE CENTER
UTILITIES, PROJECT NO. 2001 -04
2002 -243 ADDING COMMERCE BOULEVARD FROM HINEBAUGH CREEK
TO PROFESSIONAL CENTER DRIVE TO THE CITY OF
ROHNERT PARK OVERLAYS - 2000, PROJECT NO.
2000 -07
2002 -245 REJECTING THE CLAIM OF STATE FARM INSURANCE
COMPANIES ON BEHALF OF NORMAN MILLER ( RE
ALLEGED DAMAGE TO AUTOMOBILE FROM POTHOLE IN
STREET)
E. Ordinance for Adoption:
No. 688 AMENDING CHAPTER 8.28 OF THE ROHNERT PARK
MUNICIPAL CODE RELATING TO REMOVAL OF FIRE
DEBRIS
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, with the exception of Resolution
Nos. 2002 -240 and 2002 -244, the Consent Calendar, as
otherwise outlined on the meeting's agenda, was
UNANIMOUSLY APPROVED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(8 )
Item for Consideration:
2002 -240 RECOGNIZING NOVEMBER 11, 2002, AS "VETERANS'
DAY"
Mayor Flores read the resolution honoring America's
veterans.
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, Resolution 2002 -240 was
UNANIMOUSLY APPROVED.
Item for Consideration:
2002 -244 CALLING FOR SEALED PROPOSALS FOR PORTABLE AND
MOBILE RADIOS
Vice Mayor Reilly indicated that the correct total in
the staff report should be $19,400, as opposed to
$14,000.
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Reilly, Resolution 2002 -244 was UNANIMOUSLY
APPROVED with DIRECTIONS FOR STAFF to amend the total
to $19,400.
*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
9. OTHER RESOLUTION FOR CONSIDERATION:
2002 -246 AWARD OF CONTRACT, OVERLAYS - 2000, PROJECT NO.
2000 -07
City Manager Netter shared the contents of the staff
report.
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Mackenzie, Resolution 2002 -246 was
UNANIMOUSLY APPROVED.
10. MOBILEHOME PARK PROPOSED NEW METERED WATER AND
SEWER RATES - REVIEW OF SUBMETERED RECALCULATION
DECREASING OVERALL WATER AND SEWER RATES AT
MOBILEHOME PARKS:
1. Staff Report: City Manager Netter summarized
the contents of the staff report.
*City Council /Community Development Commission/
Rohnert Park Financing Authority .
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(9 )
2. Council Discussion: At the suggestion of Mayor
Flores, Council CONCURRED TO DIRECT STAFF to
review and report back on the following: (1)
Ways to reduce the financial burden on
mobilehome park residents by creation of a
special discount rate similar to the single - family
homes discount; and (2) the possibility of
submetering solely for the owner in terms of
the water used for the common areas of the
mobilehome parks.
11. STREET NAMING - REVIEW RESULTS OF PUBLIC
PARTICIPATION /INPUT FOR CONSIDERATION OF CHOOSING
STREET NAME OF STREET ADJACENT TO NEW LIBRARY BETWEEN
CITY HALL DRIVE AND ROHNERT PARK EXPRESSWAY:
1. Staff Report: Mayor Flores referred Council to the
staff report in the agenda packet.
2. Council Discussion /Direction /Action: Mayor Flores
made a MOTION to name the street Conde Way, and
Councilmember Vidak - Martinez seconded the motion.
At the suggestion of Councilmember Mackenzie, the
maker of the motion agreed to a FRIENDLY AMENDMENT
to name the street Lynn Conde Way, and the second
agreed. Said motion was APPROVED 3 -0 -1 with Vice
Mayor Reilly abstaining.
FOR THE RECORD, Councilmember Mackenzie noted that he did
not put the suggestion in for Jake Mackenzie Way, nor did
he submit the suggestion for Armando Flores Way.
12. GOLF COURSE MATTERS - FOXTAIL GOLF CLUB IMPROVEMENTS:
1. CourseCo Representatives' Update:
a. South Course Maintenance Issues: Dick Rudolph,
Golf Course Superintendent, gave a summary and
shared a photo of the fungus problem on the South
Course and the actions taken to remedy it. He
responded to Council questions about efforts to
improve the drainage and the fairways as well.
b. North Course Improvements Update: Mr. Rudolph
discussed the more comprehensive reconstruction
of the North Course, including the new irrigation
system, and John Theilade shared before - and -after
slides of the North Course reconstruction. Ray
Davies from CourseCo REQUESTED the .City's
assistance in working with the Sonoma County
Water Agency on certain matters.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(10)
At this time, Mayor Flores called forward members of the
public desiring to express their views on the golf course
matters.
1. Tim Jasper, 4886 Fairway Drive:
*Supports CourseCo's efforts on the South Course,
especially in light of the fungus problem;
*South Course still frustrating to play;
*Would like CourseCo and City to work together to
allow residents to keep their private golf carts;
*Commends CourseCo's work on the North Course.
2. M. Wayne Thush, 4400 Hollingsworth Circle:
*Names local municipal courses that allow private
golf carts;
*Indicates that it is in the best interest of the
City, the residents, and CourseCo to allow the
use of private golf carts.
3. Resident and Member of the Men's Golf Club:
*Revenue for the City and CourseCo is down as a lot
of people are not playing the South Course any
longer;
*Supports the use of private carts.
4. Abel Salton, 4668 Fairway Drive:
*South Course green's problems are catastrophic -
paths too narrow, dry spots, poor drainage,
safety issues on first green and second tee; plus,
rental carts have bad steering /brakes, fourth and
sixth fairway walking bridges slippery, potholes,
broken drinking fountains, restriction on playing
fivesomes;
*Thanks to CourseCo for the efforts to attend to
problems in the 10th /11th hole area regarding the
well, the pump station, and drainage.
5. Len Carlson 349 Circulo San Blas:
*Cn-mment s on the fiinrriis nrobl em can the (3outh Course.
.1-- r
6. Louis 5479 Daniel Drive:
*Private carts allow players to play in the colder
seasons of the year because many private carts have
windshields.
7. Charles Kitchen, 4457 Hollingsworth Circle:
*Bottom line in terms of profit by taking away the
use of private carts is very small;
*According to Exhibit C in the lease with CourseCo,
Willows Course was to be comparable or better than
Bennett Valley or other like courses.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(11)
8. Lance Eck 4496 Flores Avenue:
*Supports the use of private golf carts as local
frequent golfers help the golf course pay its
bills.
c. Private Carts Issue: Mr. Theilade shared
CourseCo's perspective on the private carts
issue. He noted that while Courseco is very
preoccupied with construction, grow -in,
reorganization, management, and program
development, they would honor a request from
the City to reconsider the policy on private
golf carts.
2. Council Discussion /Direction: Councilmembers
shared their comments /direction as follows:
Vice Mayor Reilly:
*Notes difference between the issue of use of private
golf carts and the construction of golf cart paths
from people's homes;
*Recommends issue of private carts be worked out in
the Golf Course Subcommittee and the Golf Course
Council.
Councilmember Vidak- Martinez:
*Wants to know if cart issue is a harm to CourseCo
and requests more information on that;
*Wants a win -win agreement worked out where the use
of private carts is permitted and CourseCo still has
what it needs as a company to maintain a quality
golf resort.
Councilmember Mackenzie:
*Council Golf Course Committee needs to meet after
getting factual information from CourseCo;
Mayor Flores:
*Thirty -year partnership with CourseCo needs to be
successful and divisive issues need to be worked out;
*Wants the situation mitigated so that the residents
can use their golf carts and it is a burden shared
by CourseCo and the City.
RECESS: Mayor Flores declared a recess at
approximately 9:30 p.m.
RECONVENE: Mayor Flores reconvened the Council at
approximately 9:42 p.m. with all of the
Councilmembers present.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(12)
13. PARKS & RECREATION MATTER - CONSIDERATION OF OFF -LEASH
DOG PROPOSED REVISION TO ROHNERT PARK MUNICIPAL CODE
SECTION 6.08.010, ALLOWING CERTAIN EXCEPTIONS TO
"ANIMALS PROHIBITED IN CERTAIN AREAS ":
1. Staff Report: City Manager Netter referred to
Recreation Director Barry, who shared the contents
of the staff report. Recreation Director Barry and
City Attorney Strauss responded to Council
questions. Director Barry recommended that Council
hear a presentation by the City's risk manager on
the various insurance /liability concerns
2. PUBLIC HEARING: Mayor Flores OPENED the Public
Hearing at 9:53 p.m.
1. Bonnie L Black 1065 Hawthorne Circle, was recognized
and asked the Council to go back to Redwood Empire
Municipal Insurance Fund (REMIF) for more information.
She noted that although Santa Rosa and Petaluma are
not part of REMIF, they have had.successful dog parks
for 28 and 11 years respectively. She also discussed
how the group of responsible dog owners who meet at
Golis Park take ownership of the park in terms of
interrupting vandalism, cleaning up, and notifying the
City of various problems. Finally, she SUBMITTED a
copy of the City of Claremont's off -leash ordinance
to Recreation Director Barry.
Mayor Flores CLOSED the Public Hearing at 9:57 p.m.
3. Council Discussion /Action:
Ordinance for Adoption:
No. 689 AMENDING CHAPTER 6.08.010 OF THE ROHNERT PARK
MUNICIPAL CODE, ALLOWING CERTAIN EXCEPTIONS TO
"ANIMALS PROHIBITED IN CERTAIN AREAS"
Council discussion concluded, and upon MOTION by Vice
Mayor Reilly, seconded by Councilmember Vidak- Martinez,
Ordinance for Adoption No. 689 was UNANIMOUSLY APPROVED
with the following DIRECTIONS TO STAFF: (1) Arrange
for a REMIF representative to make a presentation to
the Council and to the Parks and Recreation Commission
regarding the basis for their recommendations as far
as an off -leash dog park in Rohnert Park; and (2) Have
staff work with the Parks and Recreation Coaunission
and the Golis Park dog group to modify the ordinance.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(13)
FOR THE RECORD, Councilmember Mackenzie recommended
that the Golis Park dog group should serve as the pilot
for any off -leash dog program, as they have acted in a
very responsible manner over the years.
EXTEND COUNCIL MEETING:
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Vidak- Martinez, a motion to extend the
meeting past 10:00 p.m. to finish necessary agenda items
was UNANIMOUSLY APPROVED at approximately 10:00 p.m.
14. UNIFORM FIRE CODES - CONSIDERATION OF PROPOSED
AMENDMENTS TO ROHNERT PARK MUNICIPAL CODE
CHAPTER 15.28, UNIFORM FIRE CODES:
1. Staff Report: City Manager Netter summarized
the staff report and referred any questions to
Fire Commander Cassel.
2. PUBLIC HEARING: Mayor Flores OPENED the Public
Hearing at 10:05 p.m. There being no members of
the public desiring to speak on this matter,
Mayor Flores CLOSED the Public Hearing at 10:05 p.m.
3. Council Discussion /Action:
Ordinance for Adoption:
No. 690 AMENDING CHAPTER 15.28 OF THE ROHNERT PARK
MUNICIPAL CODE ADOPTING BY REFERENCE WITH
APPLICABLE AMENDMENTS, CHANGES, ADDITIONS, AND
DELETIONS THERETO RELATING TO THE CALIFORNIA
FIRE CODE 2001 EDITION AND THE UNIFORM FIRE CODE
WITH VOLUME II STANDARDS 2000 EDITION, INCLUDING
APPENDICES, AND REPEALING ALL FORMER ORDINANCES
OR PARTS THEREOF CONFLICTING OR INCONSISTENT WITH
THE PROVISIONS OF THIS ORDINANCE OR OF THE
UNIFORM FIRE CODE
Upon MOTION by Councilmember Vidak - Martinez, seconded by
Councilmember Mackenzie, Ordinance for Adoption No. 690
was UNANIMOUSLY APPROVED.
15. UNIFORM BUILDING CODES - CONSIDERATION OF PROPOSED
AMENDMENTS TO THE ROHNERT PARK MUNICIPAL CODE FOR
CERTAIN CHAPTERS OF TITLE 15, UNIFORM BUILDING CODES:
1. Staff Report: City Manager Netter summarized
the staff report and referred any questions to
Building Official Braun.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(14)
2. PUBLIC HEARING: Mayor Flores OPENED the Public
Hearing at 10:06 p.m. There being no members of
the public desiring to speak on this matter,
Mayor Flores CLOSED the Public Hearing at 10:06 p.m.
3. Council Discussion /Action:
Ordinance for Adoption:
No. 691 REPEALING AND REENACTING CERTAIN CHAPTERS OF
TITLE 15 OF THE ROHNERT PARK MUNICIPAL CODE,
ADOPTING BY REFERENCE THE 2001 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE
CALIFORNIA CODE OF REGULATIONS, TITLE -24 (CCR,
T -24), INCORPORATING WHERE APPLICABLE, AND
AMENDING CERTAIN IDENTIFIED CALIFORNIA BUILDING
STANDARDS THROUGH EXPRESS FINDINGS OF LOCAL
NECESSITY
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, Ordinance for Adoption No. 691
was UNANIMOUSLY APPROVED.
16. PLANNING AND ZONING MATTERS:
1. File No. 2002 -037: Consideration of a General Plan
Amendment to remove approximately 170.49 acres from
the City's Sphere of Influence, bounded by Valley
House Drive to the north, Petaluma Hill Road to the
east, Railroad Avenue to the south, and the existing
Rohnert Park City Limits to the west, and to amend
related General Plan text and figures
(APN 046- 051 -014, 047 -111 -029, 047 -111 -046, and
047 -111 -050).
a. Staff Report: Planning and Community Development
Director Kaufman summarized the contents of the
staff report.
b. PUBLIC HEARING: Mayor Flores OPENED the Public
Hearing at 10:10 p.m.
1. Rick Savel, P.O. Box 227, Penngrove, was recognized and
expressed support for the General Plan amendment. He
discussed the flooding problems on this particular
property, how future zoning under the County General
Plan will be 20 acres per unit, and how the land is
recommended for transitional zone agricultural and
rural residential land uses.
*City Council /Community Development Commission/
Rohnert Part, Financ -ing Ault ucrity
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(15)
2. Steve Miller CEO and President YCS Investments
170 Maiden Lane San Francisco, was recognized and
noted that YCS is the managing entity for 108 Holdings
Limited and S.C. Forty Acres, Inc., the owners. He
DISTRIBUTED AND REVIEWED an October 22 letter to the
Council, expressing YCS's view that the Council has
entered into an agreement with the Penngrove property
individuals that will amend the General Plan illegally
and without due process. He urged the Council to
reconsider the General Plan amendment and to amend the
Settlement Agreement appropriately.
Mayor Flores CLOSED the Public Hearing at
10:15 p.m.
c. Council Discussion /Action:
FOR THE RECORD, Vice Mayor Reilly asked the City Attorney
if the Council's action as described in the resolution is
not an illegal action in her opinion. City Attorney
Strauss indicated that the Settlement Agreement was the
illegal action because it amended the General Plan, but,
in fact, tonight's resolution will amend the General Plan
to remove the area from the Sphere of Influence.
Resolution for Adoption:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, Resolution for Adoption 247
was UNANIMOUSLY APPROVED.
2. File No. 2002 -040: Consideration of an Application
to the Sonoma County Local Agency Formation Commission
(LAFCO) to amend Sphere of Influence for the City of
Rohnert Park by removing the area bounded by Valley
House Drive to the north, Petaluma Hill Road to the
east, Railroad Avenue to the south, and the existing
Rohnert Park City Limits to the west
(APN 046- 051 -014, 047 -111 -029, 047 -111 -046, and
047 -111 -050) .
a. Staff Report: Planning Director Kaufman reviewed
the contents of the staff report.
Mayor Flores called forward a member of the public desiring
to speak on this matter.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(16)
1. Rick Savel P.O. Box 227, Penngrove, was recognized and
REQUESTED Council support in encouraging LAFCO to
incorporate the County's work and have a central
mapping reference source in terms of Spheres of
Influence, Community Separator, County Specific and
Area Plans, existing City Limits, school districts,
fire districts, and flood districts. He noted that
such a map would be an aid in City planning processes.
b. Council Discussion Action:
Resolution for Adoption:
2002 -248 DIRECTING STAFF TO SUBMIT AN APPLICATION TO THE
SONOMA COUNTY LOCAL AGENCY FORMATION COMMISSION
(LAFCO) TO REMOVE APPROXIMATELY 170.49 ACRES IN
SOUTHEAST SPECIFIC PLAN AREA FROM THE CITY'S
SPHERE OF INFLUENCE (APN 046 -051 -014,
047 -111 -029, 046 AND 050)
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, Resolution for Adoption
2002 -248 was UNANIMOUSLY APPROVED.
17. WASTE MATTERS:
1. City's Educational Plan Update and Consideration of
Waste Budget augmentation for printing, materials,
and distribution:
a. Staff Report: City Manager Netter ANNOUNCED that
Management Analyst Fogle will be retiring on
November 15, 2002. Management Analyst Fogle gave
a brief overview of the staff report.
b. Council Discussion /Action:
Resolution for Adoption:
2002 -249 APPROVING EXPENDITURE FOR CITY WASTE EDUCATIONAL
PLAN
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, Resolution for Adoption 2002 -249
was UNANIMOUSLY APPROVED.
2. Hilton Farnkopf & Hobson Rohnert Park Disposal
Compensation Review - Consideration of Contract
Agreement:
*City_ Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(17)
a. Staff Report: Management Analyst Fogle gave a
brief overview of the staff report.
b. Council Discussion /Action:
Resolution for Adoption:
2002 -250 AUTHORIZING AND APPROVING CONTRACT AGREEMENT
WITH HILTON FARNKOPF & HOBSON FOR ROHNERT PARK
DISPOSAL COMPENSATION REVIEW CONSULTING SERVICES
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Mackenzie, Resolution for Adoption 2002 -250
was UNANIMOUSLY APPROVED.
Management Analyst Fogle noted that she would be providing
Council with a Compliance Review of Rohnert Park Disposal
in early November. Council thanked Ms. Fogle for her
thorough reports and wished her well in her retirement.
18. GENERAL PLAN IMPLEMENTATION PROGRAM - MATTERS RELATED
TO THE GENERAL PLAN PROCESS, IF ANY:
1. Status Report on General Plan Implementation: Mayor
Flores referred Council to Director Kaufman's
Status Report in the agenda packet.
2. General Plan Implementation Oversight Committee
meeting, Tuesday, October 29, 2002: INFORMATIONAL
PURPOSES. Agenda provided in packet.
3. Other, if any:
a. Community Separator Issue: City Attorney Strauss
stated that the Open Space District will not be
available to discuss the question of a mitigation
bank until the week of November 4th. She noted
that in the meantime, the City will pursue the
idea of a private mitigation bank.
19. BACK -UP ALARMS - PROPOSED ORDINANCE BY AL BARR:
1. City Attorney Report: City Attorney Strauss
summarized her efforts in writing the proposed
ordinance, and she responded to Council questions
regarding prima facie evidence and the proposed
effective date for the ordinance.
At this time, Mayor Flores called forward Mr. Al Barr
to speak on this matter.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(18)
1. Al Barr, 5746 Dexter Circle, was recognized and
expressed his dissatisfaction with City Attorney
Strauss' revision of his Proposed Noise Ordinance
Revision 4. He reviewed the two -year timeline of his
efforts to craft an enforceable noise ordinance, and
he pointed out his responsiveness to all Council
requests for correspondence and information. He
stated that while he believes his Revision 4 to be
clear, precise, and enforceable, he finds City
Attorney Strauss' ordinance to be unenforceable.
He brought up his 30 -year background in law
enforcement, and he asked the Council to reconsider
City Attorney Strauss' ordinance in light of his
concerns.
City Attorney Strauss responded to Mr. Barr's concerns.
She noted that the ordinance as worded does not take
away from the prohibitive conduct, but rather that the
language is meant to protect the ordinance from a
challenge.
2. Council Discussion /Action:
Ordinance for Introduction:
No. 692 ADDING SECTION 9.44.205 TO ARTICLE V OF
CHAPTER 9.44 ROHNERT PARK MUNICIPAL CODE
RELATING TO AMPLIFIED WARNING DEVICES
Council discussion concluded, and upon MOTION by
Vice Mayor Reilly, seconded by Councilmember Mackenzie,
Ordinance for Introduction No. 692 was UNANIMOUSLY
APPROVED with the following DIRECTIONS TO STAFF:
(1) Per Section 1, remove all language regarding
"commercial or industrial use" as well as
all language regarding Cal OSHA and State or
Federal law, which will be put into another
separate section;
(2) Per Section 2, reword the language to make
the ordinance immediately effective with a
phase -in period;
(3) Create a Section 3 with language that indicates
that it is not the intent of the ordinance to
violate the existing rules and regulations of
Cal OSHA;
(4) Direct the City Attorney to review the
Municipal Code sections regarding nonrequired
amplified warning devices and decibel limits
and add any appropriate language related thereto.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(19)
Mayor Flores DIRECTED STAFF to send a copy of the
amended ordinance to Mr. Barr when it is complete.
20. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Mayors' & Councilmembers' Association meeting,
October 10, 2002 - Consideration of three
nominations for SMART appointment - Two who are
Members of Sonoma County Transportation Authority
(SCTA) and one at -large member, who can also be
a member of SCTA: Mayor Flores gave a brief
overview of the matter. He noted that the
applicants will have to make a three - minute
presentation to the General Membership on
November 14, 2002, prior to the vote in December.
Council Discussion /Action: Upon MOTION by Vice
Mayor Reilly, seconded by Councilmember Vidak-
Martinez, a motion to direct Mayor Flores to
pursue the appointment of Councilmember Mackenzie
was UNANIMOUSLY APPROVED.
2. Mayors' & Councilmembers' Association Working Group,
Workforce Housing Linkage Fee, October 16, 2002:
City Manager Netter referred Council to the staff
report in the packets.
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Mackenzie, a motion to AGENDIZIE the
action items outlined in the staff report for the next
Council meeting was UNANIMOUSLY APPROVED.
3. Water Advisory Committee, regular meeting,
October 21, 2002: Councilmember Vidak- Martinez
noted that this meeting was essentially updates.
4. Water Issues, Council Subcommittee meeting,
October 22, 2002: Councilmember Vidak - Martinez
and Councilmember Mackenzie reported on the
discussions pertaining to the upcoming Water
Advisory Committee Negotiation Team meeting.
Council CONCURRED TO DIRECT the Water Subcommittee
members (JM,VM) to promote the following directions
at the upcoming meeting: (1) Staff's recommendations
for conservation, including creation of a separate
fund for conservation programs; (2) Per planning and
conservation, environmental impacts, the statement
that formalizes an existing process at WAC that
includes public input; and (3) The two - tiered
system for WAC and the super- majority vote in terms
of governance.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(20)
5. Sonoma County Water Agency (SCWA), Proposed Russian
River Watershed Association /Draft MOU, Workshop,
Windsor Town Hall, 1:30 p.m., October 23, 2002:
INFORMATIONAL PURPOSES.
6. Water Advisory Committee - Negotiation Team meeting,
October 28, 2002: INFORMATIONAL PURPOSES /outlined
in Item 4.
7. Mobilehome Park (Rancho Feliz) Council Committee
meeting, October 23, 2002: Mayor Flores noted that
the committee will review the status of Rancho
Feliz' reconstruction efforts, the proposals for a
new management team, and the selection procedure for
the new management team.
8. Economic Development, Council Committee meeting,
October 29, 2002: Councilmember Vidak- Martinez
noted that the committee will be reviewing the
_RFP responses for the economic development plans.
9. Other, if any: None.
21. COMMUNICATIONS:
Communications per the attached outline were brought to
the attention of the Councilmembers.
Councilmember Mackenzie: Called attention to a
Sonoma County Transportation Authority communication
indicating that the ribbon - cutting ceremony for the
new 101 lanes from Rohnert Park to Santa Rosa will
be held on November 4, 2002, at 1:00 p.m.
22. MATTERS FROM /FOR COUNCIL:
1. Community Fields Foundation: At the request of
Vice Mayor Reilly, Council CONCURRED TO DIRECT
STAFF to prepare a report for the first or second
Council meeting in November regarding the creation
of a Community Fields Foundation.
2. California Junior Miss letter to Mayor and
Councilmembers: Mayor Flores stated that City
Manager Netter is preparing an analysis for Council
consideration. Councilmember Vidak- Martinez noted
that Performing Arts Center Director Grice's issues
about use of the facility and supplies need to be
reviewed.
3. Other informational items, if any: None.
*City Council /Community Development Commission/
Rol-inert rain r iiiaiiCiiig Aul.livr1 y
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
October 22, 2002 Page(21)
23. CITY MANAGER'S REPORT - INFORMATIONAL ITEMS, IF ANY:
City Manager Netter indicated that he had no
informational items to report.
24. OTHER UNSCHEDULED PUBLIC APPEARANCES:
At this time, Mayor Flores called forward any members
of the public wishing to speak. No one responded.
ADJOURNMENT:
There being no further business, Mayor Flores
ADJOURNED the meeting at approximately 11:30 p.m.
'Katy Leonard,
Certified Shorthand Reporter
CSR No. 11599
Armando Flores
Mayor
City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority