2006/02/14 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR:
City Council
Community Development Commission
Rohnert Park Financing Authority
February 14, 2006
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 meeting to commence at 5:30 p.m. at the Rohnert Park City Hall, 6750
Commerce Boulevard, Rohnert Park, with Mayor Smith presiding.
CITY COUNCIL MEETING
Call to Order: Mayor Smith called the meeting to order at 5:30 p.m.
Roll Call: Breeze, Flores, Mackenzie, Vidak- Martinez, Smith
Staff present for all or part of the meeting: City Manager Donley, City Attorney
Kenyon, Assistant City Manager Schwarz and Videographer Beltz.
ADJOURN TO CLOSED SESSION TO CONSIDER:
Mayor Smith adjourned Council to Closed Session at 5:30 p.m. to consider Litigation Matters
and Real Estate Matters.
REGULAR SESSION:
Mayor Smith reconvened Regular Session at 6:35 p.m.
1. PLEDGE OF ALLEGIANCE:
Billy Petersen, Student, Evergreen Elementary School, led the Pledge of Allegiance. Mayor
Smith thanked Billy and PRESENTED him with a card.
2. , MAYOR'S REPORT ON CLOSED SESSION:
Mayor Smith stated that there are no reportable items from Closed Session.
ANNOUNCEMENT:
Mayor Smith announced that State Farm will be staying in the community.
3. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Introduction of Dan Schwarz, Assistant City Manager: City Manager Donley
introduced Assistant City Manager Schwarz, who shared brief comments.
City of Rohnert Park CONCURRENT MEETINGS Minutes (2) February 14 2006
for City CounciUCommunity Development Commission /Rohnert Park Financing Authority
Chip Worthington regarding Flooding & Wilfred Avenue Flood Plain, Part B:
Mr. Worthington showed a DVD, SUBMITTED to City Manager Donley,
regarding the flooding of the casino site on December 31, 2005. He
expressed concerns about traffic and sewage, and he reviewed a list of cities,
ATTACHED TO THE ORIGINAL SET OF MINUTES, that have taken a
stand against reservation shopping.
Elaine Sampson regarding Calling 911 on Cell Phones in Case of Emergency:
Ms. Sampson DISTRIBUTED AND REVIEWED a packet of information
regarding 911 Emergency Responses to Cell Phones. She encouraged the
City to sign up to take on its fair share of 911 calls, as the City of 11caldsburg
has done, and to educate the public to use 911 only in the event of truly-fife-
threatening emergencies as defined by the California Highway Patrol. Mayor
Smith noted that Public Safety staff will make a presentation on this matter at
the next Council meeting, and he suggested that citizens put the number 584-
2611 in their cell phones to reach the Rohnert Park dispatch center for
emergencies in Rohnert Park or nearby. City Manager Donley recommended
that citizens use a land line, if possible, to call Public Safety for emergencies.
so that they will know the caller's location. Councilmember Flores
recommended that staff seek guidance from the City of Healdsburg in terms
of learning more about taking on its fair share of 911 calls. Vice Mayor
Vidak- Martinez recommended putting this information in the City's section
of The Community Voice.
4. SSU STUDENT REPORT:
Sonoma State University Associated Students, Inc. by James J. Reilly, II1,
Legislative Representative: Mr. Reilly DISTRIBUTED copies of The Star,
and he reported briefly, on telescope plans for SSU, target plans for
attendance at SSU and the shared governance policy.
5. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
Mayor Smith called forward members of the public who submitted speaker cards.
Diane Nelson, 6044 Dawn Drive, was recognized and, as founder of "Consumers Against
the Casino," she outlined CAC's position in terms of boycotting the businesses in the
local area if the casino is built behind Wal Mart. She indicated that the group's next step
is to set up a web site and gather signatures, and she reminded Council not to think that
people are in favor of the casino. In response, Mayor Smith directly quoted his comments
from a recent article regarding this matter.
2. Tim Lynch, 129 Rancho Verde Circle, was recognized and called attention to the rising
number of condo conversions in Sonoma County. He noted the growing concern in the
Rancho Verde community, and he encouraged Council to consider a moratorium and
proper review of condo conversions. Mayor Smith noted that he referred Mr. Lynch to
Housing and Redevelopment Project Manager Ellena.
City of Rohnert Park CONCURRENT MEETINGS Minutes (3) February 14 2006
for City CounciUCommunity Development Commission /Rohnert Park Financing Authority
6. CONSENT CALENDAR:
Mayor Smith asked if there were any questions about matters on the Consent Calendar. The
following items were removed: Resolution 2006 -46 per Councilmember Flores'
recommendation and Resolution 2006 -53 per Mayor Smith's recommendation.
A. Approval of City Council Portion of Concurrent Meeting Minutes for:
Regular Concurrent City Meeting - January 24, 2006
B. Approval of Bills/Demands for Payment concurrently for:
City of Rohnert Park/City Council in the amount of $2,302,110.77
C. Accepting Cash/Investments Report for Month Ending, December 31,
2005:
City of Rohnert Park/City.Council
D. Resolutions for Adoption:
2006 -44 Awarding Contract to Fieldstone Construction Co. for the Hinebaugh
Creek Bike Bridge at Commerce Blvd., Project No. 2003 -15
2006 -45 Authorizing and Approving an Agreement with Berryman & Henigar, Inc.
for Engineering Plan and Map Checking Services
2006 -47 Approving Settlement Agreement for Sewer. Interceptor /Outfall Project
Property Acquisition.
2006 -48 Agreement with MKM & Associates to Assist in the Development and
Review of Criteria & Engineering Analysis for a Proposed Seismic Retrofit
Ordinance
2006 -49 Calling for Sealed Proposals for the Callinan Sports & Fitness Center Re-
roof Project, Project No. 2004 -07
2006 -50 Ratifying Amendment No. 1 to the Agreement between the City of Rohnert
Park & Applied Pavement Technology for the Street Maintenance
Measures, Project No. 2005 -04
2006 -51 Approving Amendment Number 2 to the Agreement for Services between
the City of Rohnert Park & EIP Associates regarding the Environmental
Impact Report (EIR) for the Southeast Specific Plan
2006 -52 Approving Memorandum of. Understanding with Sonoma County for
Reimbursement of Live -Scan Upgrade Funds.
2006 -54 Rejecting Claim of Tom & Lynn Huddleston for alleged water damage
2006 -55 Rejecting Claim of Nicole Torres for alleged auto damage from a fallen
tree
2006 -56 Rejecting Claim of Felicita Perez for water damage to roof allegedly
caused by Leaves from City Trees.
Upon MOTION by Councilmember Mackenzie, seconded by Mayor Smith, and
UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar, with the
exception of Resolution Nos. 2006 -46 and 2006 -53, was ADOPTED.
_City of Rohnert Park CONCURRENT MEETINGS Minutes (4) February 14 2006
for City Council/Community Development Commission/Rohnert Park Financing Authority
Items for Consideration:
2006 -46 Authorizing Filing of an Application for Federal Surface Transportation
Program Funding for RP Street Maintenance & Committing the necessary
Non - Federal Match for the Project & Stating Assurance of the City to
complete the Project
Councilmember Flores commended the City's proactive efforts for street maintenance.
Upon MOTION by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, and
UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -46 was
ADOPTED.
2006 -53 Proclaiming February 19 -25, 2006 as National Engineers' Week
Mayor Smith commended Director Public Works /City Engineer Jenkins and staff for their
work on the new sewer line. Upon MOTION by Mayor Smith, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading was waived
and Resolution 2006 -53 was ADOPTED.
7. PRESENTATION BY JULIAN MEISLER AND DAN SCHURMAN OF THE
LAGUNA FOUNDATION REGARDING THE LUDWIGIA CONTROL
PROJECT:
Mr. Meisler, Biologist, Project Manager, shared a Power Point presentation
regarding last year's progress on the Control Project and plans for the upcoming
year, and he responded to Council questions and comments.
8. COMMNUNITY DEVELOPMENT MATTER:
1. Resolution Approving Issuance of Multi - family Housing Revenue Bonds by the
California Statewide Communities Development Authority for the Copeland Creek
Apartments
a. Staff Report: City Manager Donley reviewed the contents of the Staff Report.
b. PUBLIC HEARING: Mayor Smith opened the Public Hearing at 7:50 p.m.
There being no members of the public interested in speaking, Mayor Smith closed
the Public Hearing at 7:50 p.m.
c. Resolution for Adoption:
2006 -57 Approving Issuance of Multi- family Housing Revenue Bonds by the
California Statewide Communities Development Authority for the
Copeland Creek Apartments
Council motion/discussion/vote: A MOTION was made by Councilmember
Flores, seconded by Councilmember Breeze, to adopt Resolution 2006 -57.
City of Rohnert Park CONCURRENT MEETINGS Minutes (5) February 14 2006
for City Council/Community Development Commission/Rohnert Park Financing Authority
Under discussion, Councilmember Flores called attention to a letter from Fidelity
Partners, Inc. and Gung Ho Partners, LLC. Mayor Smith encouraged the
utilization of solar energy as part of the renovation. After the motion, which was
UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -57
was ADOPTED. Vice Mayor Vidak- Martinez remarked that Green Building
practices should be encouraged by the City.
9. COMMISSION /COMMITTEEBOARD APPOINTMENTS:
Council action regarding nominations and appointments for two (2) year terms
expired December 31, 2005:
Mobile Home Parks Rent Appeals Board to fill vacancy:
Sister Cities Relations Committee to fill vacancy:
Mayor Smith encouraged interested members of the public to submit applications
for these appointments.
2. Council action regarding nominations and appointments for one four (4) year
term to expire December 31, 2008:
Cultural Arts Commission to fill vacancy due to Catherine Isett resignation: A
MOTION was made by Councilmember Mackenzie, seconded by Councilmember
Flores, to appoint Richard Garwacki to the Cultural Arts Commission for a four -year
term to expire December 31, 2008. Said motion was UNANIMOUSLY
APPROVED.
10. PLANNING AND ZONING:
File No. PL2005 -056MC — Consideration of Proposed Amendments to Subsection
17.06.060 and 17.06.100 of the Rohnert Park Municipal Code regarding Drive- Through
Window Operations including Certifying a Negative Declaration for same:
1. Staff Report: City Manager Donley reviewed the contents of the Staff Report.
2. Public Comments: None.
3. Waive Further Reading and Adopt Ordinance by reading title:
No. 751 Amending Title 17, Zoning, of the Rohnert Park Municipal Code,
Subsections 17.06.060 & 17.06.100 Concerning Drive- Tbrough
Window Operations
Council motion/discussion /roll call vote:. A MOTION was made by
Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, to adopt
Ordinance No. 751. Under discussion, Councilmember Breeze indicated that she
will vote on this matter consistent with her past votes. Councilmember Flores
called attention to the pollution problem, and he REQUESTED that staff
prepare a priority list of projects where traffic signalization can be synchronized.
City of Rohnert Park. CONCURRENT MEETINGS Minutes (6) February 14 2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
Councilmember Mackenzie, Vice Mayor Vidak- Martinez and Mayor Smith all
noted their support for the ordinance. After the motion, which was
APPROVED 4 -1 BY ROLL CALL VOTE, with Councilmember Breeze
dissenting, reading was waived and Ordinance No. 751 was ADOPTED.
11. ANIMAL REGULATION AND PROTETCTION ORDINANCE:
Consideration of Ordinance Amending Existing Chapters 6.02 "General Provisions," 6.04
"Animal Regulation," 6.08 "Animal Impoundment," and 6.10 "Hearings by Shelter
Supervisor," of Title 6, "Animal Regulation and Protection," of the Rohnert Park Municipal
Code:
1. Staff Report: City Manager Donley explained the contents of the Staff Report.
2. Public Comments: None.
4. Waive Further Reading and.Adopt Ordinance by reading title:
No. 752 Amending Existing Chapters 6.02 "General .Provisions," 6.04
"Animal Regulation," 6.08 "Animal Impoundment," and 6.10
"Hearings by Shelter Supervisor," of Title 6, "Animal Regulation
and Protection," of the Rohnert Park Municipal Code
Council motion/discussion/roll call vote: A.MOTION was made by Vice Mayor
Vidak- Martinez, seconded by Councilmember Mackenzie, to adopt Ordinance No.
752. Under discussion, all Councilmembers noted their support for the ordinance.
A FRIENDLY AMENDMENT was made by Councilmember Mackenzie,
accepted by the maker of the motion, to DIRECT STAFF at Public Safety and the
Animal Shelter to prepare a review of said ordinance in twelve months.
Councilmember Mackenzie noted that staff can consult with others in the
community as well as part of the twelve -month review. After the motion, which
was UNANIMOUSLY APPROVED BY ROLL CALL VOTE, reading was
waived and Ordinance No. 752 was ADOPTED.
12. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. State of the County: Annual Report to the Community 1/25/06`. Councilmember
Flores commented on the loss of high tech jobs and the development of the Green
Center. Mayor Smith commented on the aging County workers.
2. REMIF Annual Board Meeting 1/26 - 1/27/06: Mayor Smith referred Council to the
documents provided in the agenda packets.
3. North Bay Economic Outlook Conference 2/2/06: Councilmember Mackenzie and
Mayor Smith briefly commented on a transportation workshop and the Sonoma -Mann
Area Rail Transit (SMART) plans.
City of Rohnert Park CONCURRENT MEETINGS Minutes (7) February 14 2006
for City Council/Community Development Commission/Rohnert Park Financing Authority
4. Sonoma County Transportation Authority (SCTA) 2/6/06: Councilmember
Mackenzie DISTRIBUTED AND REVIEWED information regarding Proposition
42, and he briefly commented on Transportation Funds for Clean Air (TFCA) and
Measure M.
5. Water Advisory Committee (WAC) 2/6/06: Councilmember Mackenzie commented
on revised Potter Valley language for Section 2.4. At the request of Councilmember
Mackenzie, Council CONCURRED to direct the Water Subcommittee to meet with
staff tomorrow to gather staff input and comments as the due date for comments to
WAC is February 22" a
6. General Plan Ad -Hoc Committee 2/8/06: Vice Mayor Vidak- Martinez commented on
discussions with Dennis Hunter and Ken Blackman regarding concerns about the pace
of development of the Stadium lands. She noted the changes in the City and the area
over the last five years, and she discussed matters relating to Martin Avenue and
workforce housing. Councilmember Mackenzie remarked on the economic outlook
for the area. Committee members then responded to Council questions and
comments.
7. Literacy Week at Goldridge Elementary School 2/7/06: Mayor Smith and
Councilmember Mackenzie discussed their experience reading to the youngsters.
8. Other informational reports, if any:
a. Sewer Force Main Dedication: Vice Mayor Vidak- Martinez commended. staff for
their work on the dedication.
b. California Tiger Salamander Implementation Committee meeting, February 15,
2006: Mayor Mackenzie noted said meeting.
13. COMMUNICATIONS:
Communications per the attached outline were brought to the attention of the
Councilmembers. The following communications were pulled for further discussion:
1. Letter to Director of Public Safety Bullard and City Manager Donley re Public
Safety escort of the body of local Army Pfc. Caesar Viglienzone recently killed in
Iraq: Mayor Smith noted Public Safety's participation in the escort.
2. Letter from Director of Public Safety Bullard thanking Fireman's Fund for their
grant: Mayor Smith acknowledged said letter.
14. MATTERS FROM /FOR COUNCIL:
1. Schedule of Events and Meetings: Document provided to Council in the
agenda packet.
2. City Council Agenda Forecast: Document provided to Council in the agenda
packet.
City of Rohnert Park CONCURRENT MEETINGS Minutes I (8) February 14 2006
for City CounciVCommunity Development Commission/RohnertPark Financing Authority
3. Other informational items, if any: None.
15. CITY MANAGER'S REPORT:
1. 2/6/06 Martin Avenue meeting with Supervisor Mike Kerns: City Manager Donley
commented on larger regional issues associated with recent flooding. Mayor Smith
indicated that he and City Manager Donley will attend a FEMA meeting this
Thursday.
2. Informational items, if any:
a. City Manager Donley to talk to the Sonoma County Taxpayers' Association:
Mayor Smith made this announcement.
b. City's new Sewer Force Main: City Manager Donley noted that the City's new
sewer force main was featured on the Palm Springs news.
c. Meeting with Sonoma County Tourism Bureau: City Manager Donley referred
Council to Tourism Bureau documents in their agenda packets.
d. City Manager Schedule: City Manager Donley indicated that he would be taking
next Tuesday, February 21 ", off. Mayor Smith noted City holidays on Friday,
February 17, and Monday, February 20.
16. PUBLIC COMMENTS:
Mayor Smith invited members of the public interested in speaking to come forward.
No members of the public responded.
ADJOURNMENT:
Mayor Smith ADJOURNED the City Council meeting at 8:45 p.m. to consecutively
and separately CONVENE the meetings of the Community. Development
Commission and the Rohnert Park Financing Authority.
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK
MINUTES
Tuesday, February 14, 2006
Call to Order: 8:45 p.m.
Roll Call: Breeze, Flores, Mackenzie, Vidak- Martinez, Smith
Also present: Executive Director Donley, General Counsel Kenyon and Recorder Leonard
Unscheduled public appearances. None.
City of Rohnert Park CONCURRENT MEETINGS Minutes (9) February 14 2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
1. CONSENT CALENDAR:
Chairperson Smith asked the Commissioners if there were any questions about matters on the CDC
Consent Calendar. No matters were raised.
1. Approval of CDC Portion of Concurrent City Meeting Minutes for Regular Meeting
January 24, 2006
2. Approval of CDC Bills/Demands for Payment in the amount of $184,416.02
3. Accepting CDC Cash/Investment Report for Month Ending December 31, 2005
A MOTION was made by Commissioner Flores, seconded by Commissioner Vidak- Martinez, to
approve the Consent Calendar as outlined in the agenda. Said motion was UNANIMOUSLY
APPROVED.
2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the
Meeting of the CDC at 8:45 p.m.
ROHNERT PARK FINANCING AUTHORITY
MINUTES
Tuesday, February 14, 2006
Call to Order 8:45 p.m.
Roll Call: Breeze, Flores, Mackenzie, Vidak- Martinez, Smith
Also present: Executive Director Donley, General Counsel Kenyon and Recorder Leonard
Unscheduled public appearances: None.
1. CONSENT CALENDAR:
Chairperson Smith asked the Members if there were any questions about matters on the RPFA
Consent Calendar. No matters were raised.
1. Approval of RPFA Portion of Concurrent City Meeting Minutes for Regular Meeting
January 24, 2006
2. Accepting RPFA Cash/Investments Reports for Month Ending December 31, 2005
A MOTION was made by Member Vidak- Martinez, seconded by Member Mackenzie, to approve
the Consent Calendar as outlined in the agenda. Said motion was UNANIMOUSLY APPROVED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (10) February 14 2006
for City Council/Community Development Commission/Rohnert Park Financing Authority
2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the
Meeting of the RPFA at 8:45 p.m.
Italy Leonard
Certified Shorthand Reporter
C.S.R. 11599
Tim Smith
Mayor
City of Rohnert Park
Contra Costa County BOS
Contra Costa County -Dena
of Health
Dianne Feinstein (Lytton's San Pablo casino & FIGR's Hwy 37 site)
Oakland City Council
Alameda City Council
San Leandro City Council
East Bay Regional Park District'
Alameda County
Anaheim City Council
Plymouth City Council
AMADOR t 'BO G
Frio Coup" ty BOS
State Senator Dean Florez
Windsor City Council
Healdsburg City Council
Sebastopol City Council
Santa Rosa, City Council
Petaluma City Council
Cotati City Council
Sonoma County BOS
San Diego County Supervisor Diane Jacob
Mike Thompson (FIGR's Hwy 37 site)
Napa County BOS (FIGR's Hwy 37 site)
Marin County BOS (FIGR's Hwy 37 site)
Lynn Woolsey (FIGR's Hwy 37 site)
Stutter Creek City Council
Ione City Council
Jac. on-0rcrl ... _.._....w... �.
San Juain" City Council
:W
Distr. @ Mtg. Of:
cc:
cc:
File: C-a-s Mo
File:
44—
ATACka
h I
UAA Cj k,�
—A� 9f
2/14/2006