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2005/01/11 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY January 11, 2005 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 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. CALL TO ORDER: Mayor Mackenzie CALLED the Council Meeting to order at 6:00 p.m. ROLL CALL: Present: (5) Councilmembers Flores, Smith and Spradlin; Vice Mayor Vidak- Martinez; and Mayor Mackenzie Absent:. (0) None Staff present for all or part of the Regular Session: City Manager Leivo, Interim City Attorney Kenyon, Assistant City Manager Donley, City Engineer Jenkins, Recreation Services Manager, Senior Planner Bendorff, Neighborhood Preservation Officer Denlis and Finance Services Manager Lauchner. ADJOURN TO CLOSED SESSION: Mayor Mackenzie adjourned Council to Closed Session at 6:00 p.m. to discuss Personnel and Litigation Matters. Closed Session ended at approximately 6:50 p.m. REGULAR SESSION: Mayor Mackenzie resumed Regular Session at 6:55 p.m. and led the pledge of allegiance. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Mackenzie reported that the City Manager's Performance Evaluation will continue at the January 25th City Council Closed Session. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(2 ) 2. MAYOR'S REMARKS ON THE OCCASION OF THE NEW YEAR AND NEW DIRECTION: Mayor Mackenzie shared brief remarks on the importance of having Council focus on open communication and political process in working together for the good of the community in the upcoming year. 3. SCHEDULED APPEARANCES /PRESENTATIONS: 1. Mayor's Presentation of Proclamation to Rohnert Park Public Safety Officers' Association (RPPSOA) commending Santa's Sleigh and the Christmas Toy Giveaway Program: Mayor Mackenzie commended the following Public Safety employees for their work on on the sleigh and the toy program: Officer Larry Pelton, President, RPPSOA; Sergeant Art Sweeney; Detective Mike Mackenzie; Officer Dave Stubblebine; Officer Dean Becker; Fire Services Officer George Brannen; Communications Supervisor Terri Mazzanti; Youth Services Supervisor Kathy Vander Vennet; and Records Clerk Lilly Brooks. Mayor Mackenzie read the proclamation and PRESENTED Officer Becker (Santa Claus) with a framed photo from an article in the Press Democrat. 2. Wendy Hicks, Co -Chair of Citizens for Saving Our Schools and urging "Yes on Measure A ": Ms. Hicks discussed local School District budget cuts and their current and future impact on school programs. She SUBMITTED endorsement cards to the Council and urged Council support for Measure A. Mayor Mackenzie expressed an interest in agendizing said matter for the Council's Special Meeting on Wednesday, January 19. Vice Mayor Vidak- Martinez stated that people can call the Office of the Superintendent at 792 -4722 for more information. 3. G.V. Petker regarding Willis Avenue: Mr. Petker described the heavy usage of Willis Avenue behind two local businesses, and he asked the Council to build a fence so that residents can have use their private easement. Mayor Mackenzie REQUESTED a report with recommendations from staff. City Manager Leivo briefly outlined the history of Willis Avenue, and he noted that staff will be placing signs in the area this month and will continue to work with County agencies regarding the area. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(3 ) 4. Barbara Greene regarding creeks: Ms. Greene DISTRIBUTED AND REVIEWED a document about Bear Park on Crane /Hinebaugh Creek and the Friends of Bear Park. She discussed the formation of neighborhood groups to care for the creeks, the ongoing communications between the Creek Council and developers, and the development of a Creek Ordinance in the future. City Manager Leivo outlined the City's policy regarding creeks as they relate to construction projects, and Mayor Mackenzie expressed an interest in having the City develop a creek program in conjunction with the Sonoma County Water Agency. Councilmember Smith SUBMITTED to the City Manager an issue of _Nation's Cities Weekly, which has an article about the City of Santa Barbara's Creeks Restoration and Water Quality Improvement Program. 4. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Incorporated, by James J. Reilly III, Legislative Representative: Mr. Reilly shared written comments regarding ideas to bring SSU students and the local community closer together. He indicated that some landlords and businesses, as well as some City policies, are unfair and /or unfriendly to the students. He urged Councilmembers to attend ASI meetings, and he noted that the next one is Monday, January 31st, at noon at SSU. Mayor Mackenzie REQUESTED copies of Mr. Reilly's written comments, and he stated that he will bring up SSU student concerns about local businesses /business practices at the upcoming meeting of the Rohnert Park Chamber of Commerce. 5. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: 1. Linda Long, 944 Helene Court, was recognized and stated that she will wait for Agenda Item No. 6. 2. Seamus Seanachaoi, 207 Southwest Boulevard, was recognized and SUBMITTED pictures to City Manager Leivo of recent graffiti at the Southwest Shopping Center. He described ongoing problems with gang activity in the area, and he expressed concern about Public Safety's responses. He called for better communication between the Department of Public Safety, business owners and neighbors in the area. Mayor Mackenzie indicated that Council will be having a work session on Public Safety and enforcement in the City. Councilmember Flores RECOMMENDED that graffiti, on the backs of buildings and recently exposed due to the cutting of some redwood trees by Highway 101, be taken care of in the near future. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(4 ) 3. Dan Hubley, 134 Alma Avenue, was recognized and recommended that the Parks & Recreation Master Plan be done in conjunction with the Community Fields. He also inquired as to how interested people could be added to the Community Fields Citizens Advisory Committee. Mayor Mackenzie indicated that this matter will be discussed during Agenda Item No. 11. 4. Katherine Collins, 828 Lilac Way, was recognized and stated that she will wait for Agenda Item No.. 6. 6. WILFRED /GOLF COURSE AND HIGHWAY 101 INTERCHANGE: 1. Presentation by California Department of Transportation (CalTrans) representatives: City Manager Leivo gave a brief overview of the Staff Report. Three CalTrans representatives, including the designer. and project engineer, gave a presentation with large diagrams of the proposed and revised interchange designs. Said representatives responded to Council questions /comments about the revised cost, circulation issues, widening of lanes, P.U.C. compliance, impact of the future plans for the train tracks on the level of service, ramifications of the build -out of the Northwest Specific Plan and environmental issues. At this time, Mayor Mackenzie called forward a member of the public interested in speaking about this topic. 1. Linda Long, 944 Helene Court, was recognized and, as a Golf Course Drive resident, expressed her desire that Golf Course Drive residents be a part of this design decision. She noted that a four -lane corridor from Snyder Lane to Stony Point Road will greatly impact residents in the Golf Course.Drive area. 2. Council Direction /Action: Council CONCURRED TO DIRECT STAFF (1) to request colored maps from CalTrans, and (2) to agendize the revised design for the Wilfred/ Golf Course and Highway 101 Interchange for consideration by Council and City staff at the January 19 City Council Work Session. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(5 ) 7. POSSIBLE PURCHASE OF VALLEY VILLAGE MOBILE HOME PARK: 1. Presentation by Peter Inman, Chief Operating Officer, The Caritas Corporation: City Manager Leivo shared brief opening comments, and Mr. Inman gave a presentation about The Caritas Corporation and its proposal to purchase Valley Village Mobilehome Park. Mr. Inman responded to Council questions /comments about current and future capital improvements, rent adjustment options and the need for safer parks. At this time, Mayor Mackenzie called forward members of the public interested in speaking about this topic. 1. Bob Fleak, Assistant Regional Manager for Golden State Mobilehome Owners' League (GSMOL), was recognized and expressed his support for the purchase of Valley Village by The Caritas Corporation. He noted that.the purchase of mobilehome parks by non - profit organizations is a way to end the years of greed and neglect from certain landlords. 2. Katherine Collins, 828 Lilac Way, was recognized and, as a member of the Mobilehome Parks Rent Appeals Board, noted that the costs of the Capital Improvement Pass- Through must be very clearly outlined. She urged pre- mediation between the residents and the buyers on the Capital Improvement Pass - Through issue. City Manager Leivo noted that Mr. Inman has proposed a meeting with the residents to negotiate concerns of the Council and the residents. 3. Len Carlson, Chairman, Mobilehome Parks Rent Appeals Board, was recognized and stated that the Capital Improvement Pass - Through needs a set figure. He noted that residents are fearful of being charged $60. additional rent interminably. 4. Mike Pastryk, Mobilehome Parks Rent Appeals Board, was recognized and suggested that the capital reserve be reduced by reducing the amount of the proposed rent increase of $60. He stated that the improvements should trigger the rent increase, rather than the rent increase trigger the improvements. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(6 ) 2. Council Direction /Action: Vice Mayor Vidak- Martinez made a MOTION to endorse the project and to proceed with it, seconded by Councilmember Flores. Under discussion, Councilmember Flores noted that the concerns of the public speakers have been brought to the attention of The Caritas Foundation. Councilmember Smith thanked the Rent Appeals Board members for their advice and expressed a desire to see the final details. Mayor Mackenzie indicated that it is the desire of the Council to maintain affordable housing through the mobilehome parks. Said motion was UNANIMOUSLY APPROVED. RECESS: Mayor Mackenzie declared a five - minute recess at 8:55 p.m. The full Council reconvened at 9:00 p.m. in Council chambers. 8. TRUCK ROUTE: Consideration of designating Rohnert Park Expressway as a truck route for any large vehicle exceeding a maximum gross weight limit of 15,000 pounds: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report. 2. Public Comments: 1. Paul Stutrud, 712 Hudis Street, was recognized and indicated that designating Rohnert Park Expressway a truck route will create problems for the city. He described the noise problems created when San Marin Drive in Novato was designated a.truck route in 1975. 3. Resolution for Adoption: 2005 -01 APPROVING ROHNERT PARK EXPRESSWAY AS A TRUCK ROUTE Council Motion /Discussion /Vote: *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(7 ) Upon MOTION by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2005 -01 was ADOPTED. Under discussion, staff clarified that this resolution pertains to thru traffic, not trucks making deliveries, and that Rohnert Park Expressway was chosen as the best choice for a truck route due to its wideness and landscaping. Councilmember Smith noted that extension of the truck route beyond Snyder Lane or J Section needs to be reviewed when the University District is annexed. 9. COMMISSION /COMMITTEE /BOARD APPOINTMENTS: 1. Council action regarding nominations and appointments for terms expired December 31, 2004: Bicycle Advisory Committee: Appointment for two -year terms to expire December 31, 2006: Council CONCURRED with the re- appointment of Ken Acton per Councilmember Flores' nomination. Mayor Mackenzie DIRECTED STAFF (1) to send a letter of appreciation over the Mayor's signature to Patricia Cassinelli, and (2) to advertise the vacancy for Councilmember Smith's nomination. Council CONCURRED with the re- appointment of Earl Cruser per Mayor Mackenzie's nomination. Council CONCURRED with the re- appointment of Barbara Denlis per Councilmember Spradlin's nomination. Council CONCURRED with the re- appointment of Charles Rowell per Vice Mayor Vidak- Martinez' nomination. Cultural Arts Commission: Appointment for four -year terms to expire December 31, 2008 Council CONCURRED with the re- appointment of Catherine Isett per Mayor Mackenzie's nomination. Council CONCURRED with the re- appointment of Dennis McCormack per Vice Mayor Vidak- Martinez' nomination. Council CONCURRED, with the re- appointment of Lynne Morrow per Councilmember Smith's nomination. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(8 ) Mobile Home Park Rent Appeals Board: Appointment for two -year terms to expire December 31, 2006 Council CONCURRED with the re- appointment of Len Carlson per Councilmember Flores' nomination. Council CONCURRED with the re- appointment of L. Kurt Engelhart per Mayor Mackenzie's nomination. Parks & Recreation Commission: Appointment for two -year terms to expire December 31, 2006 Council CONCURRED with the new appointment of Bonnie Black per Councilmember Smith's nomination. Council CONCURRED with the re- appointment of Bill Butler at large. Mayor Mackenzie DIRECTED STAFF to send a letter of appreciation over the Mayor's signature to Gay Carlson. Council CONCURRED with the re- appointment of Michael Bird per Councilmember Spradlin's nomination. Council CONCURRED with the re- appointment of Gerald Griffin per Mayor Mackenzie's nomination. Council CONCURRED with the re- appointment of Thomas C. Hansen at large. Council CONCURRED with the re- appointment of Chuck Rogers per Vice Mayor Vidak- Martinez' nomination. Council CONCURRED with the re- appointment of James Stevens per Councilmember Flores' nomination. Planning Commission: Appointment for two -year terms to expire December 31, 2006 Council CONCURRED with the re- appointment of Dan Hubley per Councilmember Spradlin's nomination. Mayor Mackenzie DIRECTED STAFF to send a letter of appreciation over the Mayor's signature to Dan Blanquie. Council CONCURRED with the new appointment of Pam Stafford per Councilmember Smith's nomination. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(9 ) Council CONCURRED with the re- appointment of Joseph Callinan per Councilmember Flores' nomination. Council CONCURRED with the re- appointment of Susan Hollingsworth Adams per Vice Mayor Vidak- Martinez' nomination. Mayor Mackenzie did not re- appoint Tim Smith due to his new position as a City Councilmember. Council CONCURRED with the new appointment of Shawn Kilat per Mayor Mackenzie's nomination. Senior Citizens Advisory Commission: Appointment for two -year terms to expire December 31, 2006 Council CONCURRED with the re- appointment of Marion Ackerman per Mayor Mackenzie's nomination. Council CONCURRED with the re- appointment of Patricia Cassinelli per Councilmember Smith's nomination. Council CONCURRED with the re- appointment of Betty Ferra per Councilmember Flores' nomination. Council CONCURRED with the re- appointment of Dorothy M. Kral per Councilmember Spradlin's nomination. Mayor Mackenzie DIRECTED STAFF to send a letter of appreciation over the Mayor's signature to Betty Tringali. Council CONCURRED with the new appointment of Elaine Sampson per Vice Mayor Vidak - Martinez' nomination. Sister Cities Relations Committee: Appointment for two -year terms to expire December 31, 2006 Council CONCURRED with the re- appointments of Faith Adam, Jessika Frazer, Dennis McCormack and Ron Rasmussen at large. 2. Council action regarding Sister Cities Relations Committee resignation and /or appointment for one two -year term to expire December 31, 2005: *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(10) Acceptance of letter of resignation from Carol Grubler: and Appointment to fill above vacancy: Council CONCURRED (1) to accept the letter of resignation of Carol Grubler, and (2) to DIRECT STAFF to send a letter of appreciation over the Mayor's signature to Carol and Mike Grubler. Furthermore, Council (1) CONCURRED with the new appointment of Courtney Pastrick at large, and (2) DIRECTED STAFF to advertise the remaining at -large vacancy. 10. CITY COUNCIL LIAISON ASSIGNMENTS FOR YEAR 2005: 1. Sonoma State University (SSU) Subcommittee - Council consideration of creating and adding this Subcommittee to 2005 list: Council Motion /Discussion /Vote: Upon MOTION by Mayor Mackenzie, seconded by Vice Mayor Vidak- Martinez, a motion to create the Sonoma State University Subcommittee and to add it to the 2005 list was UNANIMOUSLY APPROVED. Mayor Mackenzie stated that he will announce his appointments to said subcommittee in the near future. 2. Redwood Empire Municipal Insurance Fund - Council consideration of adding City Council representation for REMIF to 2005 list: Councilmember Smith expressed an interest in being appointed to represent the Council for REMIF. Council Motion /Discussion /Vote: Upon MOTION by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, a motion to set up a Council liaison for REMIF and to add it to the 2005 list was UNANIMOUSLY APPROVED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(11) 3. Mayor's Appointments to City Council Liaisons for 2005: Mayor Mackenzie reviewed the Rohnert Park City Council Liaison Assignments for Year 2005 as follows: City Council Representation Liaison Alternate ABAG JM VVM Library Issues TS AS Mayors' & Councilmembers, JM VVM Mayors' & Councilmembers' Legislative Committee JM Senior Citizen Issues AS AF So. Co. Tourism /Investors VVM JM So. Co. Transportation Authority JM VVM So. Co. Waste Management Agency TS AS Water /Wastewater JM AF Russian River Watershed Association JM TS Redwood Empire Municipal Insurance Fund (REMIF) TS City Council Subcommittees Councilmembers Economic Development AF & VVM Garbage AS & TS Golf Courses AF & AS Mobilehome Parks VVM & TS Telecommunications AS & AF Water /Wastewater Issues JM & AF Sonoma State University (SSU) VM & TS Ad Hoc Committee Councilmembers California Tiger Salamander VM & JM City Manager Leivo noted that the Ad Hoc Committee for the Proposed School District Tax Increment Sharing Agreement has completed its work. Mayor Mackenzie stated that he will get a copy of the new liaison assignments for 2005 to Council as soon as possible. 11. COMMUNITY FIELDS CITIZENS ADVISORY COMMITTEE: Consideration of formal creation of this committee and selection of committee members to include a member of City staff, Parks & Recreation Commission and Planning Commission: City Manager Leivo explained the resolution prepared by staff for this item. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(12) 1. Resolution for Adoption: 2005 -02 CREATING A COMMUNITY FIELDS CITIZENS ADVISORY COMMITTEE Council Motion /Discussion /Vote: A MOTION was made by Councilmember Spradlin, seconded by Councilmember Flores, to amend the resolution to include both the Community Fields and the Parks & Recreation Master Plan to be reviewed as a whole by a Citizens Advisory Committee. Under discussion, staff clarified the effects of the addition of the Parks & Recreation Master Plan on the resolution. Councilmember Smith proposed a FRIENDLY AMENDMENT, accepted by the maker of the motion and the second, to DIRECT STAFF to amend the language of the motion to clarify that the committee shall consist of no City staff, but rather twelve members to' include seven at -large community members, two Planning Commissioners and three Parks & Recreation Commissioners. Upon UNANIMOUS APPROVAL of said motion and the friendly amendment, reading was waived and Resolution 2005 -02 was ADOPTED as amended. 2. Selection of Committee Members: DEFERRED Council Motion /Discussion /Vote: Council CONCURRED with City Manager Leivo's recommendation that with the change in the charge and make -up of this committee staff be granted the opportunity to seek applications for the new committee. At this time, Mayor Mackenzie called forward members of the public interested in speaking about this topic. 1. Dan Hubley, 134 Alma Avenue, was recognized and recommended that City staff include representation from Sonoma State University and women on the Citizens Advisory Committee. He urged Council to make its appointments to the committee as soon as possible. 2. Barbara Greene, P.O. Box 758, Cotati, was recognized and commended Council for keeping City staff off of a developer's interest group. She stated that nothing should be built on land for open space, citing endangered species issues, and she noted that people want picnic tables and benches along the creeks. She urged the Council to open the Citizens Advisory Committee to more than twelve people. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(13) Vice Mayor Vidak- Martinez encouraged all interested members of the public to apply for the Citizens Advisory Committee. She expressed her interest in seeing public art in the parks, as well as picnic tables and playgrounds. Staff clarified that the current applications for the Community Fields Citizens Advisory Committee will be considered for this broader committee. 12. NEIGHBORHOOD PRESERVATION PROGRAM: File No. PL2004- 036MC: Consideration of Proposed Amendments to Chapter 1.24 of the Rohnert Park Municipal Code (Nuisance Abatement) and Adequacy of Negative . Declaration based on Initial Study dated June 10, 2004: 1. Staff Report: City Manager Leivo shared opening remarks, and Neighborhood Preservation Officer Denlis reviewed the contents of the Staff Report and the Nuisance Abatement Process Diagram distributed at tonight's meeting. Staff responded to a Council inquiry about who would investigate complaints. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 10:03 p.m. 1. James J. Reilly III, Sonoma State University, was recognized and expressed concern that the Nuisance Abatement Ordinance unfairly targets sections of town where nearly half of SSU students live. , He inquired whether violations could cause students to lose their lease and whether notices of violations will be sent to the address of the home or to the property owner/ landlord. 2. Katherine Collins, 828 Lilac Way, was recognized and expressed support for any type of noise abatement, whether it is caused by college students, families or other groups of people. Mayor Mackenzie closed the Public Hearing at 10:06 p.m. 3. Resolution for Adoption: 2005 -03 CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDING CHAPTER 1.24 OF THE ROHNERT PARK MUNICIPAL CODE (NUISANCE ABATEMENT ORDINANCE) *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(14) Council Motion /Discussion /Vote: City Manager Leivo.noted that the ordinance is designed to protect the interests of those who lease property and that the ordinance gives more authority to the City to intervene when health and safety issues are present. Councilmember Flores stated that the six -month review will provide Council an opportunity to amend the ordinance. Councilmember Smith discussed how the ordinance will be situational. Upon MOTION by Councilmember Flores, seconded by Councilmember Spradlin, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2005 -03 was ADOPTED. 4. Waive First Reading and Re- Introduce Ordinance by reading title: No. 718 AMENDING CHAPTER 1.24 OF THE ROHNERT PARK MUNICIPAL CODE (NUISANCE ABATEMENT) Council Motion /Discussion /Vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Spradlin, to re- introduce Ordinance No. 718. A FRIENDLY AMENDMENT was made by Councilmember Smith, accepted by the maker and the second of the motion, to amend language (1) in Article I, Section 1.24.030, Unlawful Property Nuisances, No. 18, to include pooled oil on a residential driveway, and (2) in Article I, Section 1.24.060, House Rules, No. 5, to include common areas, as well as parking areas, in the provision. Reading was waived, and Ordinance No. 718 was RE- INTRODUCED AS AMENDED BY ROLL CALL VOTE. 13. DISPOSAL OF SURPLUS PERSONAL PROPERTY ORDINANCE: Consideration of amending Sections 3.04.120, "Disposition of Surplus Personal Property," to Chapter 3.04, "Purchasing Systems," of the Rohnert Park Municipal Code: 1. Staff Report: City Manager Leivo explained the Ordinance. 2. Public Comments: None. 3. Waive First Reading and Introduce Ordinance by reading title: No. 726 AMENDING SECTIONS 3.04.120, "DISPOSITION OF SURPLUS PERSONAL PROPERTY," TO CHAPTER 3.04, "PURCHASING SYSTEMS," OF THE ROHNERT PARK MUNICIPAL CODE *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(15) Council Motion /Discussion /Vote: Vice Mayor Vidak- Martinez made a MOTION, seconded by Councilmember Flores, to introduce Ordinance No. 726. Under discussion, Councilmember Smith indicated that when disposing of surplus personal property, staff needs to ensure that it is indeed surplus and not to dispose of it in any way other than in a timely manner. After said motion, which was UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 726 was INTRODUCED BY ROLL CALL VOTE. 14. ANIMAL CONTROL: Consideration of Ordinance Amending Title 6, "Animals, of the Rohnert Park Municipal Code concerning Animal Control Regulations and resolution establishing rates and fees for same: 1. Staff Report: City Manager Leivo shared brief remarks, and Finance Services Manager Lauchner was available to respond to Council questions /comments. Councilmember Smith indicated that he is not interested in setting up a program whereby non -pet owners subsidize pet owners. Mayor Mackenzie inquired if he needed to recuse himself as he licenses his pets through the City. Interim City Attorney Kenyon stated that that would not be necessary as the ordinance affects the public generally. 2. Public Comments: 1. Katherine Collins, 828 Lilac Way, was recognized and stated that the intent of the ordinance should be that all California dogs get rabies shots. She noted, however, that wording changes in the ordinance make it not work with licensing requirements. She urged Council to study this ordinance more closely. Finance Services Manager Lauchner clarified issues regarding fees and enforcement in terms of issuing a license only when there is satisfactory evidence of compliance for a rabies shot. She explained how staff works with Public Safety on related code enforcement. 3. Waive First Reading and Introduce Ordinance by reading title: No. 727 AMENDING TITLE 6, "ANIMALS," OF THE ROHNERT PARK MUNICIPAL CODE CONCERNING ANIMAL CONTROL REGULATIONS *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(16) Council Motion /Discussion /Vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Spradlin, to introduce Ordinance No. 727. Under discussion, Councilmember Smith asked for clarification regarding waiving the first reading, and Councilmember Flores SUGGESTED that Ms. Collins, through her business at 49er Pet, disseminate information about the changes in the City's animal control regulations. After said motion, APPROVED 4 -1 BY ROLL CALL VOTE with Councilmember Smith dissenting, reading was waived and Ordinance No. 727 was INTRODUCED. 4. Resolution for Adoption: 2005 -04 ESTABLISHING RATES AND FEES FOR ANIMAL CONTROL REGULATIONS Council Motion /Discussion /Vote: Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Spradlin, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2005 -04 was ADOPTED. 15. SPEED LIMIT ORDINANCE: Consideration of ordinance amending Section 10.20.010, "State Speed Limits - Inappropriate," to Chapter 10.20, "Special Speed Zones," of the Rohnert Park Municipal Code: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report, and City Engineer Jenkins responded to a Council question about Public Safety's involvement in this matter. 2. Public Comments: None. 3. Waive First Reading and Introduce Ordinance by reading title: No. 728 AMENDING SECTION 10.20.010, "STATE SPEED LIMITS - INAPPROPRIATE," TO CHAPTER 10.20, "SPECIAL SPEED ZONES," OF THE ROHNERT PARK MUNICIPAL CODE *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(17) Council Motion /Discussion /Vote: A MOTION was made by Councilmember Flores, seconded by Councilmember Spradlin, to introduce Ordinance No. 728. Under discussion, Councilmember Smith stated that he was not going to vote on any ordinance for speed limits over 35 m.p.h., and he SUGGESTED that a letter be written to Assemblymember Joe Nation stating that this law is an inappropriate way to determine speed limits within a municipality. Mayor Mackenzie ASKED (1) that staff report back on any proposed change in State law, and (2) that staff note Councilmember Smith's comments for consideration on a future Council agenda. City Manager Leivo stated that staff will include Councilmember Smith's comments in a discussion with the State legislature on this topic. After said motion, which was APPROVED 4 -1 BY ROLL CALL VOTE with Councilmember Smith dissenting, reading was waived and Ordinance No. 728 was INTRODUCED. 16. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Water Advisory Committee (WAC), January 3, 2005 meeting: Mayor Mackenzie reported on matters related to the measuring of water conservation in the County, and he REQUESTED that staff set up a subcommittee meeting for Wednesday, January 19 with invitations to members of the Water Quality Control Board. 2. Codding Enterprises, January 5, 2005 meeting: Councilmember Spradlin stated that she and Councilmember Flores will be meeting with Codding Enterprises on Friday, January 14. Vice Mayor Vidak- Martinez reported that she and Mayor Mackenzie met with Codding and that Codding is proceeding with their due diligence regarding the Agilent site. Councilmember Smith noted that he had a meeting with Codding Enterprises on January 10. 3. Federated Indians of Graton Rancheria Tribal Council, January 6, 2005 meeting: Mayor Mackenzie and Vice Mayor Vidak - Martinez reported on the need for better communication between the Tribe's government and the City's. The Mayor outlined his intention to establish a Council liaison committee for this purpose, and he noted that he will discuss appointing said committee or ad hoc committee at the January 25th Council meeting. Councilmember Smith stated that he had an informal meeting with the Tribe on January 7. Councilmember Flores recommended Mayor Mackenzie and Vice Mayor Vidak- Martinez for the Tribal Council committee /ad hoc committee. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(18) 4. Mayors' & Councilmembers' Association Legislative Committee, January 7, 2005 meeting: Mayor Mackenzie reported that a representative from the League of California Cities will be chosen soon. He also noted that the Association plans on inviting State legislators to meet with them. 5. Sonoma County Transportation Authority (SCTA), January 10, 2005 meeting: Vice Mayor Vidak- Martinez reported on the lack of money coming from the State per Proposition 40, the support for Measure M, and the development of a Strategic Plan. Mayor Mackenzie urged the Council to be cautious in determining how the Wilfred Avenue overcrossing will be funded. 6. Other informational reports, if any: Vice Mayor Vidak- Martinez: 1. Emergency Preparedness & Response Workshop: At the suggestion of Vice Mayor Vidak- Martinez, Council CONCURRED TO AGENDIZE a Study Session in February to consider the efforts of Public Safety and the School District in terms of emergency preparedness and response. Vice Mayor Vidak- Martinez referred Council to the self - report, provided to Council, by children in the School District regarding this matter. 2. Federated Indians of Graton Rancheria /Agilent Site: Vice Mayor Vidak- Martinez DISTRIBUTED AND READ a letter to the City Council, ATTACHED TO THE ORIGINAL SET OF MINUTES, regarding the possibility of FIGR relocating their casino project to the Agilent property. Said letter outlined the arguments which Mayor Mackenzie and Vice -Mayor Vidak- Martinez gave for opposing the relocation. Councilmember Spradlin: 1. Oakview Apartments: Councilmember Spradlin shared that she went on an informal walk - through of the Oakview Apartments on December 29th. Mayor Mackenzie REQUESTED a report from staff about the status of affordable units on this Kisco project, and Assistant City Manager Donley shared comments about the affordable housing component of said project., *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(19) Councilmember Flores 1. Golf Courses Subcommittee: Councilmember Flores reported that the Golf Courses Subcommittee will have a report for Council at the January 25th Council meeting. 17. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. Councilmember Smith referred to Item No. 22, the Bingham McCutchen notice, and he REQUESTED that this Water Supply Assessment support letter be put in the Council's agenda packets for the January 25th Council meeting. Councilmember Smith also inquired if the City responds to e -mails it receives on its website, and City Manager Leivo stated that staff tries to respond.to all submissions to the website. 18. MATTERS FROM /FOR COUNCIL: 1. Draft Close to Home Letter regarding water: Council CONCURRED with Mayor Mackenzie's request to submit said letter to The Press Democrat. 2. Mayors' & Councilmembers' Association Meetings, Thursday, January 20, 2005 at Foxtail Golf Club, Wedgewood Room, 100 Golf Course Drive, Rohnert Park: Mayor Mackenzie noted that he will be representing the Council at this Board of Directors meeting. a. City Selection Committee at 5:30 p.m. to consider the following: Make nominations to fill the remainder of Sharon Wright's term on the Metropolitan Transportation Commission (MTC), which expires in February 2007: Council CONCURRED with the suggestion of Vice Mayor Vidak - Martinez that Mayor Mackenzie support himself on the first vote and Bob Blanchard on the second vote. Bay Area Air Quality Management Board (Pam Torliatt's term expires in March 2005, two -year term): Council CONCURRED to direct Mayor Mackenzie to support Stanley Cohen for the first vote and Pam Torliatt for the second vote. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page (2 0) Golden Gate Bridge, Highway & Transportation District (Mike Martini's term expires in March 2005, two -year term): Council CONCURRED to direct Mayor Mackenzie to support Mike Martini for this appointment. Remote Access Network (RAN) Board to replace Greg Nordin: Council acknowledged that said position must be filled by a mayor; therefore Mayor Mackenzie will be appointed to the RAN. b. Board of Directors Meeting immediately following above meeting includes consideration of the following: Selection of appointee to County Agricultural Preservation & Open Space District Advisory Committee - Appointment for the remainder of the term of office held by former Sonoma City Councilmember Dick Ashford, which expires in June 2005: Council CONCURRED to direct Mayor Mackenzie to support himself for this appointment. Councilmember Smith noted that he would be interested in that appointment in the future. c. Council Discussion /Direction /Action for above recommendations: [As noted above.] 3. Eugene Burger Management Corporation (EBMC) /Old Library Building, recommending recognition resolution: At the suggestion of Councilmember Smith, Council CONCURRED TO AGENDIZE consideration of a resolution honoring EBMC for their restoration efforts and their addition to the community. Mayor Mackenzie REQUESTED that staff include a digital photo of some phase of the library building's restoration as part of the resolution. 4. Disaster Preparedness: Councilmember Smith noted that said matter is scheduled for an upcoming agenda. City Manager Leivo described a two -phase approach to this topic to include next month's report as well as an event in April, which is Disaster Preparedness Month. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(21) 5. Consider Special. Meeting to hold a Work Session on Wednesday, January 19, 2005: Water /Sewer /Garbage Rates . Financial Presentation - One Year General Plan Implementation Hiring Process for Permanent City Attorney List of City Projects to be addressed in 2005 & 2006 Proposed Symbol and Statement of Staff Commitment Mayor Mackenzie noted that Wilfred Avenue /Highway 101 Interchange Plans will also be discussed, and he REQUESTED that staff plan a dinner break for the meeting. As part of the General Plan Implementation presentation, Vice Mayor Vidak - Martinez REQUESTED that staff provide Council a report of what the City is doing in terms of its building program to include anticipated, actual and projected building units. 6. Conduct of Council Business /Conflict -of- Interest Update: Interim City Attorney Kenyon DISTRIBUTED AND REVIEWED a Staff Report on this matter. Mayor Mackenzie REQUESTED that staff provide Councilmembers with updated maps of the Conflict -of- Interest zones. 7. E -Mail Policy: Mayor Mackenzie reviewed concerns related to e -mail, and he outlined the need for an e -mail policy. Interim City Attorney Kenyon indicated that staff is working on an e -mail policy for Council consideration in the near future. 8. Schedule of Events and Meetings: Mayor Mackenzie referred Council to the "Upcoming Events" document provided in the agenda packets. 9. Agenda Forecast: Mayor Mackenzie referred Council to the Agenda Forecast provided in the agenda packets. 10. Other informational items, if any: Councilmember Smith: 1. Electronic communications /equipment policy: Mayor Mackenzie expressed support for Councilmember Smith's REQUEST that in the near future staff provide recommendations and Council consider adoption of a policy for electronic communications/ equipment, such as computers, faxes and e -mail. 19. CITY MANAGER'S REPORT: 1. Flood Control: City Manager Leivo shared the contents *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(22) of the Staff Report. 2. Update on Crushers' Stadium /Salvage of Equipment: City Manager Leivo shared the contents of the Staff Report. 3. Measures to eliminate graffiti and vandalism at City parks: City Manager Leivo reviewed the informational document for this item. 4. Other informational items, if any: City Manager Leivo noted that he will be on vacation January 12 -14. 20. CONSENT CALENDAR: Mayor Mackenzie asked if there were any questions about the matters on the Consent Calendar, which were explained in the City Manager's Council Meeting Memo. Mayor Mackenzie signified removal of the November 23 Regular Concurrent Meeting Minutes per Councilmember Smith's recommendation, and Resolution No. 2005 -14 per City Manager Leivo's recommendation. City Manager Leivo also deferred Resolution Nos. 2005 -16, 2005 -17 and 2005 -19. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - DECEMBER 14, 2004 SPECIAL MEETING - DECEMBER 21, 2004 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $3,099,598.74 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $255,543.81 C. ACCEPTING CASH /INVESTMENTS REPORTS FOR MONTH END, NOVEMBER 30, 2004 CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY D. RESOLUTIONS FOR ADOPTION: 2005 -06 HONORING LARRY HENIG, D.D.S. ON THE OCCASION OF HIS RETIREMENT 2005 -07 EXPRESSING APPRECIATION FOR MIKE AND CAROL GRUBLER FOR THEIR YEARS OF SERVICE ON THE SISTER CITIES RELATIONS COMMITTEE *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(23) 2005 -08 AUTHORIZING SELECTION OF MAYOR AND VICE MAYOR BY MAJORITY VOTE AND REPEALING RESOLUTION NOS. 2002 -219, 2000 -99 AND 99 -68 ESTABLISHING ROTATION OF THE CITY COUNCILMEMBERS INTO THE OFFICES OF MAYOR AND VICE MAYOR 2005 -09 AUTHORIZING AND APPROVING AN AGREEMENT WITH THE COUNTY OF SONOMA FOR DISTRIBUTION OF FINES AND FORFEITURES REVENUE 2005 -10 AUTHORIZING ADN APPROVING AN AGREEMENT WITH THE UNIVERSITY OF SPORTS FOR USE OF CITY SWIMMING POOLS 2005 -11 AUTHORIZING THE PURCHASE OF E CONNECT SOFTWARE FOR RECREATION DEPARTMENT 2005 -12 CALLING FOR SEALED PROPOSALS FOR PORTABLE RADIOS FOR PUBLIC SAFETY 2005 -13 APPROVING AN AGREEMENT FOR SERVICES WITH COASTLAND CIVIL ENGINEERING, INC. FOR BUILDING PERMIT PLAN REVIEW AND BUILDING INSPECTION SERVICES 2005 -15 APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT WITH SHARP INSPECTION GROUP FOR INSPECTION AND CONSTRUCTION MANAGEMENT FOR THE COMMERCIAL WATER PROJECT, PHASE I 2005 -18 APPROVING CONTRACT CHANGE ORDER NOS. 5 AND 6 WITH NORTH BAY CONSTRUCTION COMPANY FOR COMMERCIAL WATER METER PROJECT, PHASE.I, PROJECT NO. 2003 -03 2005 -20 DESIGNATING A PORTION OF ROSANA WAY AS A PASSENGER LOADING ZONE 2005 -21 REJECTING THE CLAIM OF JAVIER CISNEROS LOPEZ FOR ALLEGED DAMAGE TO WINDSHIELD FROM BASEBALL /CAL RIPKEN BASEBALL TEAM 2005 -22 REJECTING THE CLAIM OF LUIS E. FIGUEROA FOR FRACTURED ANKLE FROM ALLEGED HOLE IN STREET AT LANCASTER /EAST COTATI Upon MOTION by Councilmember Flores, seconded by Councilmember Spradlin, the Consent Calendar, as outlined in the meeting's agenda, with the exception of the Regular Concurrent City Meeting Minutes of November 23 and Resolution 2005 -14, was UNANIMOUSLY APPROVED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(24) Items for Consideration: APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - NOVEMBER 23, 2004 Councilmember Smith indicated that he would abstain from voting on the November 23rd minutes.as he was not present for said meeting. Furthermore, he REQUESTED that medical reimbursement payments be redacted from the City's "Bills for Approval" document. Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Mayor Mackenzie, a motion to approve the Regular Concurrent City Meeting Minutes for November 23, 2004 was APPROVED 4 -0 -1 with Councilmember Smith abstaining. Resolution for Adoption: 2005-14 APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES WITH JONES & STOKES REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN City Manager Leivo explained the need to correct the amount for the above agreement from $44,461 to $14,580. Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2005 -14 was ADOPTED. Resolution for Adoption: 2005 -16 AWARDING THE CONTRACT TO MIKE BROWN ELECTRIC COMPANY FOR THE COMMERCIAL WATER METER REPLACEMENT ELECTRICAL PROJECT NO. 2003 -03 Item DEFERRED per City Manager Leivo's recommendation. Resolution for Adoption: 2005 -17 APPROVAL OF CONTRACT CHANGE ORDER NO. 1 WITH MIKE BROWN ELECTRIC COMPANY FOR WATER METER REPLACEMENT ELECTRICAL PROJECT NO. 2003 -03 Item DEFERRED per City Manager Leivo's recommendation. Resolution for Adoption: 2005 -19 ACCEPTING COMPLETION AND DIRECTING THE CITY ENGINEER TO FILE NOTICE OF COMPLETION FOR COMMUNITY CENTER MULTI- PURPOSE ROOM FLOOR REPLACEMENT PROJECT NO. 2003 -24 Item DEFERRED per City Manager Leivo's recommendation. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 11, 2005 Page(25) 21. PUBLIC COMMENTS: Members of the public desiring to speak were invited to come forward. No members of the public responded. ADJOURNMENT: There being no further business, Mayor Mackenzie ADJOURNED the meeting at 11:40 p.m. y Leonard ke Mackenzie Certified Shorthand Reporter Mayor CSR No. 11599 City of Rohnert Park *City Council /Community Development Commission/ Rohnert Park Financing Authority