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2005/01/25 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY January 25, 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 6:02 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 City Manager Leivo, Interim City City Manager Donley, City Engines Lipitz, Finance Services Manager Assistant Keller, Senior Planner Preservation Officer Denlis. ADJOURN TO CLOSED SESSION: the Regular Session: Attorney Kenyon, Assistant =r Jenkins, Finance Director Lauchner, Housing Programs Bendorff, Neighborhood Mayor Mackenzie adjourned Council to Closed Session at 6:02 p.m. to discuss Real Estate Negotiations and Personnel Matters. Closed Session ended at approximately 7:05 p.m. REGULAR SESSION: Mayor Mackenzie resumed Regular Session at 7:05 p.m. and led the pledge of allegiance. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(2 ) 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Mackenzie reported that no action was taken during Closed Session and that Council will resume Closed Session at the close of the regular meeting. He also ANNOUNCED that when Council met in open session last week, it was decided that the City will be continuing with McDonough, Holland & Allen attorneys Michelle Kenyon and Gabrielle Whelan for City Attorney services, and that himself and Councilmember Flores will be on the Ad Hoc Subcommittee to negotiate the City Attorney contract. 2. SCHEDULED APPEARANCES /PRESENTATIONS: 1. Bruce Codding, Vice President, Codding Investments, Inc. regarding former Agilent Site, Rohnert Park: Mr. Codding requested the Council's consideration of his request for a rezone of the Agilent site. At the request of Mayor Mackenzie, Council CONCURRED TO AGENDIZE said matter for the first Council meeting in February. Councilmember expressed their interest in working together with Codding Investments on this site. 2. John Records, Executive Director, Committee on the Shelterless (COTS), to express appreciation for the City's support of the Shared Housing Program: Diane Landman, Program Director for COTS, expressed thanks to Council and City staff, especially Housing Programs Assistant Keller, for their participation in the Shared Housing Program. Case Manager Alicia Sims thanked the Council and gave a brief description of the current families the program is serving. Cynthia Morphin and Hilleary Zarate, along with her son Derreck, both former COTS participants, shared their stories, and Cynthia's daughter, Julianna, PRESENTED Mayor Mackenzie with a poster with pictures representing the City's five COTS houses. Councilmembers commended the COTS representatives and the participants for their work on behalf of the program. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(3 ) 3. Representative of Hispanic Youth Ministry of Saint Joseph's Catholic Church in Cotati regarding the desire to start a public television program for the Hispanic communities of Rohnert Park /Cotati: Jose Manzo discussed his Youth Ministry's interest in starting a program primarily for Hispanic youth on the public access channel to help keep the youth out of trouble and to build community support. City Manager Leivo discussed the cable franchise agreement with Comcast and the possibility of renegotiating it to accommodate such a request. Councilmember Flores SUGGESTED that staff provide Mr. Manzo with contacts at Comcast and /or KRCB Channel 22. Mayor Mackenzie REQUESTED that the Council Telecommunications Subcommittee meet to review this matter, and that Mr. Manzo keep in touch with the City Manager's office. 3. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Incorporated, by James J. Reilly III, Legislative Representative: Mr. Reilly DISTRIBUTED his written comments shared at the last Council meeting. He noted that the ASI meeting is Monday, January 31 at noon at SSU, and spring classes start that day as well. 4. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: At this time, Mayor Mackenzie and Interim City Attorney Kenyon stated that the Public Hearing period for the Water Supply Assessment was officially closed at the November 23rd, 2004 Council meeting. Due to the large number of speaker cards submitted for Item No. 5, Interim City Attorney Kenyon reiterated that tonight's comments are for information only and will not be part of the administrative record. 1. Chip Worthington, 4695 Snyder Lane, was recognized and described a recent meeting about urban casinos. He SUBMITTED to City Manager Leivo a multipage document containing proposals for a number of alternative sites where the Graton Rancheria casino could be placed. He stated that there were less controversial sites proposed in the document, and he urged the Council not to rely on the casino when making its budget. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(4 ) 2. Ed Casey, Legal Counsel, OWL Foundation, was recognized and commented on aspects of fairness, noting that with 30 new pages of tests added to the Water Supply Assessment (WSA), the public should be given the opportunity to comment on them, as well as to view the PES Model information. He SUBMITTED two letters to City Manager Leivo regarding these matters, and he urged the Council not to approve the WSA. 3. Joan McLain, 1017 West Railroad Avenue, was recognized and DISTRIBUTED AND REVIEWED two letters, one to the Council and one to the Sonoma County Board of Supervisors, expressing concerns about the declining water table, particularly near their residence on West Railroad Avenue, and asking both entities to responsibly manage their water resources before allowing expansion. 4. Bonnie Kneibler, bk @sonic.net, was recognized and expressed her opposition to the WSA due to flaws in the study, which had also been noted by the San Francisco Water Quality Board. She asked why Council was not more concerned with water given its importance to a community, and she noted that wells are still going dry in the area. 5. H.R. Downs, OWL Foundation, was recognized and expressed his concern that there is no scientific model at the heart of the WSA. He indicated that the San Francisco Water Quality Board weighed in on the matter because Rohnert Park is drawing from the Petaluma Basin, and he urged Council to reexamine the WSA. 6. Heidi Dieffenbach- Carle, 11001 Minnesota Avenue, Penngrove, was recognized and, as a registered geologist, she noted that the WSA's findings are insufficient. She encouraged Council to oppose the WSA. 7. Joseph Perry, 8175 Davis Lane, was recognized and urged Council to reconsider the WSA as.there is evidence that the water table is declining. He cited the history of his family's well in Penngrove as an example of how the water table is dropping. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(5 ) 8. Jay Jasperse, Sonoma County Water Agency (SCWA), was recognized and read to Council the January 13, 2005 letter from SCWA to City - Engineer Jenkins. The letter specifically addresses SCWA's comments after reviewing Section B, Surface Water Supply from Sonoma County Water Agency, of the OWL Foundation comment letter to the City of Rohnert Park. The SCWA letter addresses inaccurate, oversimplified and incomplete information in the OWL letter regarding SCWA's existing water supply contracts, the Eel River decision, future developments concerning the Russian River and flaws in the WSA's analysis of surface water supply from SCWA. City Engineer Jenkins PROVIDED a copy of SCWA's January 13th letter to the Council. 9. Tom Giansante, 5051 Lichau Road, Penngrove, was recognized and expressed his opposition to the WSA as flawed and paid for by developers. He emphasized the importance of water and the effects of losing an aquifer. 10. John King, 8617 Petaluma Hill Road, was recognized and expressed the reasons for his opposition to the WSA consultants' conclusions that the groundwater table is not in overdraft. He questioned the recharge rate and discussed how groundwater levels drop in a dry period and never fully recover. 11. Craig Roth, 9530 Willow Avenue, Cotati, was recognized and urged the Council to base its decision on the WSA on what is happening within the community and not just facts and figures. He discussed the history of his family's well, and he reiterated that Rohnert Park's water situation affects many people outside of the City's limits. 12. Stephen Carle, 11001 Minnesota Avenue, Penngrove, was recognized and referred to a letter from the San Francisco Bay Regional Water Quality Control Board. He questioned the accuracy of a new map, Figure 3 -22, made of a crucial area for the final WSA, and he cited other examples of manipulation in the final WSA. 13. Susan Panttaja, 51 Acorn Circle, Petaluma, was recognized and, as a professional geologist, urged Council to come up with a plan based on reality and to put more time and resources into an accurate WSA. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(6 ) 14. Beth Robinson, 6741 Sebastopol Avenue, was recognized and, as a Program Associate for Community Clean Water Institute, she encouraged Council to adopt a Water Management Plan instead of the WSA. She stated that allowing development would be irresponsible given the flaws in the WSA. 15. Kathleen Haynie, 10310 Minnesota Avenue, Penngrove, was recognized and discussed problems with the wells and the quality of water in the area. She called for Council to consider the children's quality of life and to plan a sustainable groundwater management program. 16. Stephen Fuller - Rowell, 1210 Fulton Road, Sebastopol, was recognized and, as co- founder of the Sonoma County Water Coalition and in support of the OWL Foundation's request, he asked Council to revisit the WSA when a groundwater management plan in compliance with SB 610 is in place. 5. WATER SUPPLY ASSESSMENT: Consideration of approval of the City's Water Supply Assessment prepared to meet Senate Bill 610 requirements: 1. Staff Report: City Manager Leivo shared opening comments. City Engineer Jenkins reviewed the contents of the Staff Report, and Mary Grace Pawson of Winzler & Kelly Engineers responded to a letter received by the City today from the San Francisco Bay Region Water Quality Control Board. City Manager Leivo noted that he will contact the RWQCB about said letter. Staff responded to Council questions and comments. Interim City Attorney Kenyon referred to McDonough Holland & Allen's letter of January 19, 2005 assuring the legal adequacy of the City's Final WSA and responding to OWL Foundation's November 19, 2004 letter alleging various flaws in the draft WSA. She noted that some non - substantial errata changes were made today to MHA's response letter. FOR THE RECORD, she reiterated that all information received since the close of the Public Hearing on the WSA on November 23rd is not part of the administrative record, but that staff has gone through and analyzed that material and concluded once again that it is irrelevant and not true in fact. She also added that the Final WSA is legally adequate and ready for action this evening. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(7 ) 2. Resolution for Adoption: 2005 -24 APPROVING CITY OF ROHNERT PARK WATER SUPPLY ASSESSMENT Council Motion /Discussion /Vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Spradlin, to adopt Resolution 2005 -24. Under discussion, Councilmember Spradlin thanked staff for the thorough information. Councilmember Flores commented on water as a valuable resource and how all scientific studies will generate differences of opinion. He stated that based on the best information available, the Final WSA makes sufficient water supply projections. Councilmember Smith indicated that he has gone through the contents of the WSA thoroughly; however, since he was not seated on Council for the November 23rd commencement of the Public Hearing, he will be abstaining from tonight's vote. Vice Mayor Vidak- Martinez stated that there is always a difference of opinion with regard to land use, and that in this case the City's Final WSA has met and exceeded the requirements of SB 610 and the General Plan process. Mayor Mackenzie reviewed his past activism in the area of Rohnert Park's water supply. He stated that the City has done its best to move forward on this matter in terms of having a number of years of factual data now available, reducing its overall water consumption, and the thorough efforts of staff and consultants. After the discussion following the motion, which was APPROVED 4 -0 -1 BY ROLL CALL VOTE with Councilmember Smith abstaining, reading was waived and Resolution 2005 -24 was ADOPTED. RECESS & RECONVENE: Mayor Mackenzie declared a recess at 8:48 p.m. Council reconvened at 8:58 p.m. with all Councilmembers present. Mayor Mackenzie ANNOUNCED that Council CONCURRED to revise the agenda accordingly to accommodate Councilmember Spradlin's need to leave due to illness. He noted that the Department of Public Safety will return to Council's first meeting in February to present their Emergency Operations Plan. 6. BURBANK HOUSING DEVELOPMENT CORPORATION: Consideration of Bond Financing for Affordable Housing Project, "The Arbors ": *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(8 ) 1. Staff Report: City Manager Leivo shared opening comments, and Assistant City Manager Donley reviewed the contents of the Staff Report. Staff responded to Council questions /comments. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 9:05 p.m. There being no members of the public interested in speaking on this matter, Mayor Mackenzie closed the Public Hearing at 9:05 p.m. 3. Resolution for Adoption: 2005 -25 APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF THE ARBORS APARTMENTS Council Motion /Discussion /Vote: Upon MOTION by Councilmember Flores, seconded by Councilmember Smith, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2005 -25 was ADOPTED. 7. EMERGENCY OPERATIONS PLAN: DEFERRED Update /Presentation by Department of Public Safety: DEFERRED BY CONSENSUS of the Council to the first Council meeting in February. 8. COMMISSION /COMMITTEE /BOARD APPOINTMENTS: Mayor Mackenzie noted that later in the meeting due to by Council consensus. 9. VEHICLE LICENSE FEES (VLF): this item will be covered the revision of the agenda Consideration of exercising option to participate in VLF "Backfill" Financing Program: 1. Staff Report: City Manager Leivo reviewed the contents of the Staff Report, and staff responded to Council questions /comments. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(9 ) 2. Council Discussion /Direction /Action: Councilmembers Spradlin and Flores and Vice Mayor Vidak- Martinez expressed concurrence with staff's recommendation. Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Spradlin, a motion was made to accept staff's recommendation not to participate in this program at this time. Under discussion, Councilmember Smith expressed gratitude for his meeting with Finance Director Lipitz yesterday. He noted his lack of confidence in the State of California and discussed how he would take another approach to this matter. Said motion was APPROVED.4 -1 with Counci.lmember Smith dissenting. RE- ADJOURN TO CLOSED SESSION: Mayor Mackenzie re- adjourned Council to Closed Session at 9:10 p.m. RECONVENE REGULAR SESSION: Mayor Mackenzie reconvened Regular Session at 9:30 p.m. with all Councilmembers present except Councilmember Spradlin, who left the meeting due to illness. Mayor Mackenzie stated that he had no action to report per Closed Session matters. 8. COMMISSION /COMMITTEE /BOARD APPOINTMENTS: 1. Bicycle Advisory Committee - Consideration of appointment to fill vacancy with a two -year term to expire December 31, 2006: Council action to fill vacancy due to Patricia Cassinelli's lack of interest in re- appointment: Councilmember Smith confirmed that no applications have been received to date. Mayor Mackenzie stated that no action would be taken this evening. 2. Sister Cities Relations Committee - Consideration of at -large appointment to fill vacancy with a two -year term to expire December 31, 2005: Council action to fill vacancy due to previous acceptance of resignation of Carol Grubler: Mayor Mackenzie confirmed that no applications have been received to date, therefore no action would be taken this evening. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(10) 10. NEIGHBORHOOD PRESERVATION PROGRAM: File No. PL2004 -036MC - Consideration of amending Chapter 1.24 of the Rohnert Park Municipal Code (Nuisance Abatement): 1. Staff Report: City Manager Leivo shared the contents of the Staff Report. 2. Public Comments: None. 3. Waive Second Reading and Adopt 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 Flores, to adopt Ordinance No. 718. Under discussion, Councilmember Smith thanked staff for inserting his suggestions regarding Nuisance Abatement in the minutes. After the motion, which was APPROVED 4 -0 -1 BY ROLL CALL VOTE with Councilmember Spradlin absent, reading was waived and Ordinance No. 718 was ADOPTED. 11. 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 reviewed the contents of the Staff Report. 2. Public Comments: None. 3. Waive Second Reading and Adopt 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 Council Motion /Discussion /Vote: Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Smith, and APPROVED 4 -0 -1 BY ROLL CALL VOTE with Councilmember Spradlin absent, reading was waived and Ordinance No. 726,was ADOPTED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(11) 12. ANIMAL CONTROL: Consideration of Ordinance amending Title 6, "Animals," of the Rohnert Park Municipal Code concerning Animal Control Regulations to enable resolution establishing rates and fees: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report. 2. Public Comments: None. 3. Waive Second Reading and Adopt Ordinance by reading title: No. 727 AMENDING TITLE 6, "ANIMALS," OF THE ROHNERT PARK MUNICIPAL CODE CONCERNING ANIMAL CONTROL REGULATIONS Council Motion /Discussion /Vote: A MOTION was made by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, to adopt Ordinance No. 727. Under discussion, Councilmember Smith noted that he voted against said ordinance at its introduction, but he has since spoken to Finance Department staff and resolved any misunderstandings he had. After said motion, APPROVED 4 -1 BY ROLL CALL VOTE with Councilmember Spradlin absent, reading was waived and Ordinance No. 727 was ADOPTED. 13. 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. 2. Public Comments: None. 3. Waive Second Reading and Adopt 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, DECLARING PRIMA FACIE SPEED LIMITS *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(12). Council Motion /Discussion /Vote: Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Flores, a motion was made to adopt Ordinance No. 728. Under discussion, Councilmember Smith stated that he cannot concede to 40 miles - per -hour speed limits. After the motion, APPROVED 3 -1 -1 BY ROLL CALL VOTE with Councilmember Smith dissenting and Councilmember Spradlin absent, reading was waived and Ordinance No. 728 was ADOPTED. 14. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Review results of January 19, 2005 Special Meeting/ Work Sessions and /or further consideration of items reviewed during this Special Meeting: Council Discussion /Direction /Action, if any: a. General Plan Implementation b. Finance Department Matters: 1. Financial Presentation FY 03 -04 2. Water /Sewer Rates: City Manager Leivo stated that staff will be scheduling the first reading for the first Council meeting in February and the Public Hearing within the time period before the second Council meeting in February. Mayor Mackenzie noted that the matter of scheduling the Public Safety Work Session is on tonight's agenda as well. c. Wilfred /Golf Course and Highway 101 Interchange: City Engineer Jenkins discussed a communication he received today from Caltrans regarding two items. Council CONCURRED TO DIRECT STAFF to send a letter per staff's recommendations in response to Caltrans' requests. d. List of Projects to be addressed in 2005 & 2006 and Staff Commitment to Service e. Hiring Process for Permanent City Attorney: Mayor Mackenzie noted that he and Councilmember Flores will meet in February to begin negotiations with Interim City Attorney Kenyon. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(13) 2. Library Advisory Board, January 18,2005 meeting: At the suggestion of Councilmember Smith, Council CONCURRED TO DIRECT STAFF to reciprocate Sister City Hashimoto's gift of donated books by sending books back in return. Councilmember Smith suggested staff work with the Friends of the Library. He also reported on the new flag at the library, the status of the xeriscaping project, and a Dine & Donate Fundraiser for the Rohnert Park /Cotati Library Foundation on Tuesday, March 8, 2005 (flier provided to Council). 3. Sonoma County Waste Management Agency, January 19, 2005 meeting: Councilmember Smith reported on the status of matters with Petaluma, as well as the need for the Garbage Committee to have a meeting about tipping fees. He also noted that on January 31st he will drive around with Ken Wells to view Sonoma County Waste Management sites. City Manager Leivo commented on landfill issues. 4. Water Issues Subcommittee, January 19, 2005 meeting: Councilmember Flores DISTRIBUTED AND REVIEWED a summary of the meeting covering the Russian River Watershed Association, Ludwigia; Rohnert Park's WSA, the proposed Llano Plant Pipeline, Best Management Practices and Storm Water Disposal. Mayor Mackenzie stated that he plans to have a discussion with Randy Poole of SCWA in the near future. 5. Senior Citizens Advisory Commission, January 20, 2005 meeting: Councilmember Flores reported on the swearing in of Elaine Sampson and discussions about low -cost affordable housing, the speed limit and Nuisance Abatement ordinances and the possible sale of Valley Village Mobilehome Park. 6. Mayors' & Councilmembers' Association, January 20, 2005 meetings: Mayor Mackenzie noted that he gave a State of the City report, and he reviewed appointments to the vacancies as follows: Lisa Moore, Chairperson, City Selection Committee Jason Liles, Vice - Chair, City Selection Committee Bob Blanchard, Metropolitan Transportation Commission Pamela Torliatt, Bay Area Air Quality Management District Mike Martini, Golden Gate Bridge, Highway & Transportation District *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(14) 7. Golf Course Committee Report: Councilmember Smith EXCUSED himself from Council chambers at 9:55 p.m. pending a report back from Interim City Attorney Kenyon regarding a possible conflict of interest as he lives within 500 feet of the Golf Course. Councilmember Flores DISTRIBUTED AND REVIEWED a preliminary overview of the meeting regarding the major fiscal crisis CourseCo is facing. At the suggestion of Councilmember Flores, Council CONCURRED TO AGENDIZE for the first Council meeting in February a full discussion of the lease with CourseCo and a presentation by CourseCo. Councilmember Flores noted that the Subcommittee will have another meeting prior to Council's first meeting in.February.' Councilmember Smith RETURNED to the chambers at 9:58 p.m. 8. Other informational reports, if any: a. Board of Supervisors meeting: Mayor Mackenzie and City Manager Leivo provided a brief update on the Board's actions regarding Canon Manor. b. Rohnert Park Retired Employees Association, January 19, 2005: Councilmember Smith noted that he attended this meeting. c. Volunteer Tea at Community Center, January 19, 2005: Councilmember Smith noted that he attended this event. d. Rancho Adobe Fire District: Councilmember Smith reported on a meeting with Jim Ford regarding the casino and regional protection issues. e. College Attendance Opportunities: Vice Mayor Vidak- Martinez reported on a recent meeting she attended with Councilmember Smith regarding this topic. f. Fifth Draft of 11th Amendment Councilmember Flores referred draft provided in their agenda noted that there should be an year. 15. COMMUNICATIONS: Agreement with SCWA: Council to said packets, and he agreement within the Communications per the attached outline were brought to the attention of the Council. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(15) Communications from the County Administrator: Mayor Mackenzie called attention to two communications from the Sonoma County Administrator, one regarding a request for extra - territorial jurisdiction and the other regarding mitigation of traffic impacts in the Penngrove area. City Manager Leivo updated Council on staff's meetings with regard to both issues. He noted staff's support for regional transportation issues. 16. MATTERS FROM /FOR COUNCIL: 1. Schedule Public Safety Work Session in February: Council discussion concluded with Council CONSENSUS to schedule the Public Safety Work Session for Wednesday, February -16th at a 5:00 p.m. Special Meeting. 2. Schedule of Events and Meetings: As provided in the agenda packets. Mayor Mackenzie added that he will be out of the state from the 26th through the 30th. He informed Council to get a hold of Vice Mayor Vidak- Martinez for any matters. 3. City Council Agenda Forecast: As provided in the agenda packets. 4. Other informational items, if any: None. 17. CITY MANAGER'S REPORT, INFORMATIONAL ITEMS, IF ANY: City Manager Leivo stated that he will be out of office this Friday, January 28, and he will be attending a conference next Wednesday, Thursday and Friday, February 2 -4. He noted that Assistant City Manager Donley will be the Acting City Manager. 18. 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 January 11, 2005 Regular Concurrent Meeting Minutes per Councilmember Smith's recommendation, and Resolution No. 2005 -28 per his recommendation. B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $1,972,935.42 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $67,723.49 *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(16) C. ACCEPTING CASH /INVESTMENTS REPORTS FOR MONTH END, DECEMBER 31, 2004 CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY D. RESOLUTIONS FOR ADOPTION: 2005 -26 RATIFYING CHANGE ORDER NO. 1 TO CONTRACT AGREEMENT WITH M.A. DAVIES BUILDERS, INC. FOR COMMUNITY CENTER MULTI- PURPOSE ROOM FLOOR REPLACEMENT PROJECT NO. 2003 -24 2005 -27 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION FOR COMMUNITY CENTER MULTI- PURPOSE.ROOM FLOOR REPLACEMENT PROJECT NO. 2003 -04 2005 -29 ENDORSING AND PRIORITIZING APPLICATIONS FOR THE 2005- 06.COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING Upon MOTION by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, a motion to approve the Consent Calendar, with the exception of the Concurrent Meeting Minutes for January 11, 2005 and Resolution 2005 -28, was APPROVED 4 -0 -1 with Councilmember Spradlin absent. Items for Consideration: A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - JANUARY 11, 2005 Councilmember Smith noted the following amendments and /or clarifications: (1) Pages 22 -24, inclusion of his abstention from not only the November 23rd Regular Concurrent City Meeting Minutes, but also the December 21st Special Meeting Minutes; (2) Page 14, first paragraph, clarify to read that Councilmember Smith "discussed how the ordinance needs to be enforced fairly as situations arise "; Page 20, Item b, clarify to read, "Council acknowledged Mayor Mackenzie's interest in the appointment and DIRECTED him to use his discretion for this appointment." Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Smith, a motion to approve the Regular Concurrent City Meeting Minutes of January 11, 2005 as amended was APPROVED 4 -0 -1 with Councilmember Spradlin absent. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES January 25, 2005 Page(17) 2005 -28 APPROVING CITY'S INTERNET, E -MAIL, AND ELECTRONIC MEDIA USE POLICY Mayor Mackenzie PULLED this resolution. 19. PUBLIC COMMENTS: Members of the public desiring to speak were invited to come forward. 1. John King, 8617 Petaluma Hill Road, was recognized and clarified that he was completely ethical in presenting City staff with the letter from the San Francisco Bay Region Water Quality Control Board. He stated that Senior Planner Bendorff had a signed copy of said letter in his possession today. He also referred to action taken at the September 27th, 2004 Water Advisory Committee meeting. Interim City Attorney Kenyon clarified, FOR THE RECORD, that tonight's comments regarding the WSA will not be part of the administrative record for the public hearing held on November 23rd, 2004 for the Water Supply Assessment. She noted, however, that tonight's comments will be part of the minutes for this Council meeting. 2. Paul Stutrud, P.O. Box 2205, was recognized and drew Council's attention to the deplorable conditions of the City's golf courses. He described puddles of standing water and trash among other problems. At the REQUEST of Mayor Mackenzie, Councilmember Flores agreed to do a brief on -site inspection of the condition of the golf courses. ADJOURNMENT: There being no further business, Mayor Mackenzie ADJOURNED the meeting at 10:20 p.m. Kay "Leonard Certified Shorthand Reporter CSR No. 11599 scp jia e Mackenzie Mayor City of Rohnert Park *City Council /Community Development Commission/ Rohnert Park Financing Authority