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2005/02/08 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION February 8, 2005 Tuesday The Concurrent Meetings the City Council and the met this date in Regular commence at 6:00 p.m. at 6750 Commerce Boulevard, presiding. CALL TO ORDER: Df the City of Rohnert Park for Community Development Commission Session for a regular meeting to the Rohnert Park City Hall, Rohnert Park, with Mayor Mackenzie Mayor Mackenzie CALLED the Council Meeting to order at 6:00 p.m. ROLL CALL: Present: (4) Councilmembers Flores, Smith and Spradlin; and Mayor Mackenzie Absent: (0) None Late: (1) Vice Mayor Vidak- Martinez Mayor Mackenzie noted that Councilmember Vidak- Martinez would be arriving shortly as she has.been spending most of her time at UCSF Hospital to be with her husband who has been seriously ill this past week. Staff present for all or part of the Regular Session: City Manager Leivo, Interim City Attorney Kenyon, Director Public Safety Bullard, Lieutenant Dave Frazer, Sergeant Jeff Nicks, City Engineer Jenkins, Senior Planner Bendorff, Sergeant Art Sweeney, Recreation Services Manager Miller, and Senior Engineering Technician Pedroncelli. ADJOURN TO CLOSED SESSION: Mayor Mackenzie adjourned Council to Closed Session at 6:00 p.m. to discuss Real Estate Negotiations and Personnel Matters. Closed Session ended at approximately 7:03 p.m. REGULAR SESSION: Mayor Mackenzie resumed Regular Session at 7:05 p.m. and led the pledge of allegiance with the full Council present. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(2 ) 1. MAYOR'S REPORT ON CLOSED SESSION: i Mayor Mackenzie reported that there will be an agenda item on the Council's February 22nd meeting concerning the City Manager's Performance Evaluation. 2. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Incorporated, by James J. Reilly III, Legislative Representative: Mr. Reilly DISTRIBUTED copies of The Star reported on the following matters /events: (1) General Education Fair on campus February 15 -17 to discuss reforms; (2) Student Election cycle begins today. 3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: 1. Tony Piazza, 7550 Monet, was not present for his appearance. 2. Len Carlson, 349 Circulo San Blas, was recognized and, in reference to the possible firing of City Manager Leivo, he urged the Council to put aside personal feelings, focus on what City Manager Leivo has accomplished, and consider what his dismissal might do to the people and City of Rohnert Park. 3. Seamus Seanachaoi, 207 Southwest Boulevard, was recognized and thanked City Manager Leivo and Public Safety staff for their efforts to improve communications between the police department and the citizens. He also commended City Manager Leivo for his past performance and urged the Council to put personal differences aside in evaluating him. Mayor Mackenzie called Mr. Piazza again. Members of the audience indicated that he had left the meeting. 4. Tom Thunderhorse, 207 Southwest Boulevard, was recognized and commended City Manager Leivo for making the City more fiscally sound last year. He stated that there will be another recall election if the Council fires City Manager Leivo, and he cautioned the Council to put principles before personalities. 5. Harold Belofsky, 1525 Mammoth Place, was recognized, and staff and Council responded to his inquiries about the senior exemption from the School Parcel Tax and the demolition of Crusher Stadium. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(3 ) 6. Charles Kitchen, 4457 Hollingsworth, was recognized and stated that he would wait for Agenda Item No. 4, Golf Course Ground Lease. 7. Patricia Jonas- Voulgaris, Cotati, was recognized and stated that she would wait for Agenda Item No. 7, Parks Master Plan and Community Fields Citizens Advisory Committee matters. 8. Barb Greene, Rohnert Park - Cotati Creek Council, was recognized and urged the Council before putting together the Parks Master Plan and Community Fields Citizens Advisory Committee to have staff prepare a conflict -of- interest statement to go to the Planning Commission for review. She referred to a memo she sent Council earlier in the week, and she reviewed recent environmental policy affecting conflict -of- interest statements. Council CONCURRED with Mayor Mackenzie's recommendation to DEFER part one of Agenda Item No. 7, the selection of seven committee members at large for the Parks Master Plan and Community Fields Citizens Advisory Committee, until the full Council could be present since Vice Mayor Vidak- Martinez would be leaving later in the meeting. Furthermore, Council CONCURRED with Councilmembers Smith and Flores' recommendations to DIRECT STAFF (1) to provide Council with a recap of everyone who has applied to the committee and (2) to break down said recap into three sections - members of the community at large, members of the Planning Commission, and members of the Parks & Recreation Commission. 9. Dennis McCormack, 1431 Jasmine Circle, was recognized and inquired why the Pledge of Allegiance this evening did not have the words "under God" in it. He reviewed reasons why the person leading the pledge of allegiance should say those words. 10. Tim Danesi, 6400 Meadow Pines Avenue, was recognized and discussed the City's drastic lack of funding for the cultural arts over the last two years. He explained the current financial challenges for the Cultural Arts Commission, and he expressed concern that the City's lack of support for the arts may reflect poorly on the City. He urged City staff to meet with arts groups. Councilmembers reviewed the City's support for the cultural arts, and Councilmember Flores SUGGESTED that Mr. Danesi provide Council with a baseline idea of what funding the local arts organizations need. Mayor Mackenzie clarified that said organizations should present Council with formal requests for consideration during upcoming budget reviews. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(4 ) 4. GOLF COURSE GROUND LEASE: Mayor Mackenzie ANNOUNCED that Councilmember Smith has declared a conflict -of- interest per the Golf Course Ground Lease matters due to the proximity of his residence to the golf course. Councilmember Smith LEFT the chambers at 7:32 p.m. Consideration of Proposed Amendment to CourseCo Ground Lease: Golf Course Subcommittee Report, February 3, 2005 meeting: Councilmembers Flores and Spradlin shared brief comments before reviewing aspects of the Economics Research Associates (ERA) Report regarding evaluation of the lease terms for Foxtail Golf Club, and they responded to Council questions /comments. At this time, Mayor Mackenzie called forward members of the public desiring to speak on this matter. 1. Charles Kitchen, 4457 Hollingsworth, was recognized and acknowledged that a poor economy and poor lease with CourseCo have not helped the golf course. Furthermore, he reviewed several factors that need consideration and review, namely high green fees and slow play, annual cards, and drainage of the south course. He recommended that staff make comparisons with Bennett Valley Golf Course and that staff review marshalling and continuous play. 2. Gay Carlson, 5729 Davis Circle, was recognized and expressed her feeling that CourseCo has done a great job but that they could show a little more concern for the citizens of Rohnert Park. She outlined problems with annual fees, carts and drainage on the south course, and she indicated that CourseCo should make concessions, along with the City, given the current financial crisis with the golf course lease. Council Discussion /Direction /Action: Councilmember Flores RECOMMENDED (1) that Councilmembers read the ERA report and (2) that the Golf Course Subcommittee evaluate the ERA report and come back to the February 22nd Council meeting with recommendations for Council consideration. City Manager Leivo added that staff will come back on February 22nd with recommendations as well. Councilmember Smith RETURNED to the chambers at 7:56 p.m. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(5 ) 5. DEPARTMENT OF PUBLIC SAFETY MATTERS: 1. Emergency Operations Plan-- Update: City Manager Leivo shared opening comments. Presentation by Lieutenant Dave Frazer and.Sergeant Jeff Nicks: Lieutenant Frazer introduced Sergeant Nicks who shared a Power Point presentation about the City's Emergency Operations Plan. Staff responded to Council questions /comments regarding insurance coverage, natural disasters, looting /lawlessness, participation, the City's role with Cotati, how to work with surrounding agencies and continuity of government. Mayor Mackenzie noted that the Emergency Operations Plan will be on the agenda for Council consideration in April, and he DIRECTED STAFF to include discussions /action on the following matters at that time: Continuation of government; Cotati and mutual aid; ideas for an outreach program to train CERT's and all City employees; and'scheduling of a Special Meeting for Council when training is scheduled and /or a Study Session for the Emergency Operations Plan. 2. SCAN USA, a national alert system that allows local public safety and law enforcement departments to broadcast emergency information directly to computers, mobile phones, PDA's and pagers, allowing them to communicate virtually instantaneously with citizens to provide information that can help protect their family, friends and neighbors: Presentation by Sergeant Art Sweeney: City Manager Leivo shared opening comments, and Sergeant Sweeney DISTRIBUTED informational documents about SCAN and shared the contents of the Staff Report. Council commended Sergeant Sweeney for bringing this program forward, and Mayor Mackenzie SUGGESTED putting a message about SCAN on the public access channel. Councilmember Vidak- Martinez was EXCUSED from the meeting at 8:53 p.m. due to her husband's illness. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(6 ) 6. PLANNING AND ZONING MATTER: File No. PL2004- 068MND - Consideration of Mitigated Negative Declaration for the Rohnert Park Sewer Interceptor /Outfall Project and Approval of the Project: 1. Staff Report: City Manager Leivo shared opening comments, and Pat Collins from Winzler & Kelly gave a Power Point presentation of the Staff Report. Ms. Collins made reference to one correction, noting that on page 7 Mitigation Measure HAZ -1 needs to be added. Ms. Collins responded to Council questions/ comments. 2. Public Comments: 1. Charles Kitchen, 4457 Hollingsworth, was recognized, and City Manager Leivo responded to -his inquiries about cross connections between the City's drainage and sewer systems and the cost to the residents of said project. 2. Tom Hanson, San Simeon, was recognized, and staff responded to his inquiries about the particular route selected for the Sewer Interceptor /Outfall Project. 3. Barbara Baker Pendelton, was recognized and inquired if the less than a dozen homes in the area of Wilfred and Stony Point could hook up to the pipeline. She also asked about how the City would mitigate the impact of the construction on the homes in the area. Staff explained the reasons why a hook -up is not possible, and they reviewed the steps the City will take to minimize impacts. Mayor Mackenzie clarified that the City is not in a position to offer services to people in unincorporated areas unless they want to be annexed in by way of a General Plan amendment. 3. Resolution for Adoption: 2005 -30 ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING PROGRAM FOR THE SEWER INTERCEPTOR /OUTFALL PROJECT NO. 2003 -11 AND APPROVING THE PROJECT Council Motion /Discussion /Vote: Upon MOTION by Councilmember Flores, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Vice Mayor Vidak- Martinez absent, reading was waived and Resolution No. 2005 -30 was ADOPTED. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT.MEETINGS MINUTES February 8, 2005 Page(7 ) RECESS /RECONVENE: Mayor Mackenzie declared a five - minute recess at 9:36 p.m. The full Council reconvened, with the.exception of Vice Mayor Vidak- Martinez, at 9:42 p.m. 7. PARKS MASTER PLAN AND COMMXJNITY FIELDS CITIZENS ADVISORY COMMITTEE MATTERS: 1. Selection of seven (7) Committee members at large: Council Discussion /Action: DEFERRED 2. Disposition of Southwest Boulevard Station - Consideration to refer the disposition of the Southwest Boulevard Station to the Parks Master Plan and Community Fields Citizens Advisory Committee and request a recommendation regarding use of the facility: City Manager Leivo reviewed the contents of the Staff Report. At this time, Mayor Mackenzie called forward members of the public desiring to speak regarding this matter. 1. Patricia Jonas- Voulgaris, Cotati, was recognized and expressed her desire to use the facility to temporarily house a museum until a permanent building can be found. She emphasized that her group only needs a building, not money, and she outlined plans to start a pilot program for juveniles to work their problems out by working at the museum. She also noted that her group would be willing to work with other groups to display local and historical artifacts from around the world. 2. Tim Danesi, 6400 Meadow Pines, Rohnert Park Historical Society, was recognized and expressed his desire to have the City preserve the building. He indicated that if the building were a historical site, there are ways of getting grants, and he noted that the Parks Master Plan and Community Fields Citizens Advisory Committee may not be the best place to consider the disposition of the facility. 3. Dennis McCormack, 1431 Jasmine Circle, was recognized and expressed his support for preserving the building as it was the first City Hall and the first'Public Safety building. He also expressed his support for the historical, cultural and community groups to work together to use the building. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(8 ) 4. William Voulgaris, Cotati, was recognized and, as an avid ship model builder, he expressed the desire of his ship model group to have a place such as the proposed museum to show their ship models and to teach kids how to make such models. 5. Tom Hanson, San Simeon, was recognized and suggested that a Master Plan Commission would be the most appropriate place for consideration of this type of facility. He added that a Citizens Advisory Commission should advise the Master Plan Commission. Council Motion /Discussion /Vote: Councilmember Flores made a MOTION, seconded by Councilmember Spradlin, to DIRECT STAFF to seek options for temporary use of the facility. Under discussion, Councilmember Flores expressed his appreciation for history, and he asked the City Manager to check with REMIF regarding use of the facility by citizens on a temporary basis. City Manager Leivo explained the problems with REMIF. Mayor Mackenzie discussed how various community groups were unable last year to work out a plan for joint use of the facility. Councilmember Spradlin expressed support for staff's recommendation to have the Parks Master Plan and Community Fields Citizens Advisory Committee provide a recommendation. Councilmember Smith concurred with staff's recommendation as well. Said motion FAILED 1- 3- 1.with Councilmembers Smith and Spradlin and Mayor Mackenzie dissenting, and with Vice Mayor Vidak- Martinez absent. Mayor Mackenzie made a.MOTION, seconded by Councilmember Smith, to submit a copy of the Building Department's evaluation of the structure to the Parks Master Plan and Community Fields Citizens Advisory Committee for their review in providing a recommendation to Council on the disposition of the building. Councilmember Spradlin made a FRIENDLY AMENDMENT, accepted by the maker of the motion and the second, to have the Citizens Advisory Committee, when formed, consider the historical as well as the practical uses of the building in rendering its recommendation. Under discussion, Councilmember Flores pointed out to Mr. Danesi and Mr. and Mrs. Voulgaris that there are valid reasons not to allow public use of said facility, and he encouraged them to continue to pursue their projects. Councilmember Smith concurred with Councilmember Flores' comments. Said motion was APPROVED 4 -0 -1 with Vice Mayor Vidak- Martinez absent. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(9 ) 8. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS: Consideration of representatives to Governing Board: 1. Selection of City Councilmember: City Manager Leivo shared brief comments. Council Discussion /Direction /Action: Councilmember Smith indicated that he called ABAG, and he expressed an interest in serving as the representative. Upon MOTION by Councilmember Flores, seconded by Councilmember Spradlin, a motion to recommend Councilmember Smith as the City's Representative to the Governing Board was APPROVED 4 -0 -1 with Vice Mayor Vidak- Martinez absent. 2. Resolution for Adoption: 2005 -31 APPOINTING CITY OF ROHNERT PARK REPRESENTATIVES TO THE GOVERNING BOARD OF THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS Council Motion /Discussion /Vote: Upon MOTION by Councilmember Spradlin, seconded by Councilmember Flores, and APPROVED 4 -0 -1 with Vice Mayor Vidak- Martinez absent, reading was waived and Resolution No. 2005 -31 was ADOPTED. 9. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. State of the County Address, January 26,.2005: Councilmember Flores DISTRIBUTED AND REVIEWED copies of the Business Barometer by the Sonoma County Economic Development Board (EDB) for Winter 2005. Councilmember Smith noted that the event was well attended. 2. Environmental Protection Agency (EPA) National "New Partners for Smart Growth" Fourth Annual Conference, Miami, Florida, January 26 -29, 2005: Mayor Mackenzie commented on the focus on walkable and livable communities. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(10) 3. Redwood Empire Municipal Insurance Fund (REMIF) Conference, Eureka, California, January 27 -28, 2005: Councilmember Smith noted that he met a person at the conference who could come upon invitation and speak to the Council about accepting land as a gift. Councilmember Smith also SUGGESTED that the City conduct an analysis of its health insurance to provide staff input before REMIF's March meeting. 4. State of the Students Address, Sonoma State University, January 31, 2005: Mayor Mackenzie commented on efforts to stem the misuse of alcohol by students and ideas for the Agilent properties. 5. Sonoma County Transportation Authority (SCTA), January 31, 2005 meeting: Mayor Mackenzie.no.ted that he and SCTA alternate Vice Mayor Vidak- Martinez will be unable to attend the meeting. The Mayor stated that he will be in Washington, D.C. February 13 -16 with the Sonoma County Water Agency (SCWA). Councilmember Smith indicated that he could make arrangements to attend the January 31st SCTA meeting in their place. 6. Other informational reports, if any: Mayor Mackenzie reported briefly on the following past or upcoming meetings: a. Water Advisory Committee, February 7, 2005 b. Tiger Salamander meeting, February 15, 2005: Vice Mayor Vidak - Martinez to attend. c. Metropolitan Transportation Commission, February 10, 2005 meeting between Bob Blanchard, the MTC of Sonoma County representative, and Mayor Mackenzie. d. Russian River Watershed Association - met last week e. Ludwigia Task Force, February 11, 2005 meeting 10. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Council. Mayor Mackenzie SUBMITTED two communications to City Manager Leivo for distribution to Council. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(11) 11. MATTERS FROM /FOR COUNCIL: 1. Legislative support for North Coast Railroad Authority (NCRA) - Request for Mayor to sign letter of support: Mayor Mackenzie briefly explained the contents of the Staff Report. Council Discussion /Direction /Action: Upon NOTION by Councilmember Flores, seconded by Councilmember Spradlin, a motion to authorize Mayor Mackenzie to to sign the Letter of Support, as requested, was made. Under discussion, Councilmember Flores stated that $500,000 per year for NCRA is a good investment. Said motion was APPROVED 4 -0 -1 with Vice Mayor Vidak- Martinez absent. 2. Schedule of Events and Meetings: As provided in the agenda packets. Additionally, at the request of Mayor Mackenzie, Council CONCURRED that if Vice -Mayor Vidak- Martinez is unavailable during Mayor Mackenzie's absence from February 13 -16, then Councilmember Flores shall be designated Acting Mayor. 3. City Council Agenda Forecast: As provided in the agenda packets. Furthermore, Mayor Mackenzie called attention to the Special Meeting of the City Council on Wednesday, February 16. Councilmember Flores noted that he and Councilmember Smith attended the Super Bowl event at the Senior Center, and he thanked staff and Senior Center supporters for their efforts and support. 4. Other informational items, if any: None. 12. CITY MANAGER'S REPORT: 1. 2005 City Manager's Department Meeting, February 2 -4, 2005: City Manager Leivo referred Council to the Staff Report, and he commented briefly on the discussion regarding pensions. 2. Other informational items, if any: a. Mosquito Abatement meeting: Mayor Mackenzie that he will be at the next meeting, and he indicated that he needs a formal request for *City Council /Community Development Commission stated funds. City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(12) 13. 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. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: SPECIAL MEETING - JANUARY 19, 2005 REGULAR CONCURRENT CITY MEETINGS - JANUARY 25, 2005 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $824,082.97 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $234.80 C. RESOLUTIONS FOR ADOPTION: 2005 -32 IN SUPPORT OF THE GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES BOUNDARY MODIFICATION AND PROTECTION ACT 2005,33 AUTHORIZING THE PURCHAS] ANIMAL SHELTER 2005 -34 APPROVING THE AGREEMENT UNIFIED SCHOOL DISTRICT PUBLIC FACILITIES OWNED AND COTATI- ROHNERT PARK E OF NEW CAT CAGES FOR THE WITH COTATI- ROHNERT PARK FOR JOINT USE OF CERTAIN BY CITY OF ROHNERT PARK UNIFIED SCHOOL DISTRICT 2005 -35 AUTHORIZING AND APPROVING A RENTAL AGREEMENT WITH THE ROHNERT PARK PIRANHA SWIM TEAM FOR USE OF THE HONEYBEE POOL 2005 -36 APPROVING A 20 -YEAR AGREEMENT WITH COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT FOR THE USE OF THE PROPOSED PLAYFIELD TO BE CONSTRUCTED AT MOUNTAIN SHADOWS MIDDLE SCHOOL 2005 -37 AMENDING THE LEASE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF ROHNERT PARK FOR THE USE OF THE BENICIA PARK YOUTH CENTER, 7450 SANTA BARBARA DRIVE, FOR A BOYS AND GIRLS CLUB 2005 -38 AUTHORIZING AND APPROVING AN ANTENNA SITE LEASE AGREEMENT WITH METRO PCS AT THE NORTHERN PUBLIC SAFETY STATION *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 8, 2005 Page(13) 2005 -39 APPROVAL OF TASK ORDER NO. 2005 -1 WITH WINZLER & KELLY ENGINEERS FOR ENGINEERING SERVICES FOR CRUSHERS' STADIUM DEMOLITION PROJECT NO. 2004 -02 2005 -40 AWARD OF CONTRACT FOR COMMERCIAL WATER METER REPLACEMENT FOR ELECTRICAL PROJECT NO. 2003 -03 D. APPROVING PROJECT GRADUATION REQUEST FOR WAIVER OF FEES FOR USE OF SPORTS CENTER FOR JUNE 10, 2005 ANNUAL EVENT: E. APPROVING SONOMA COUNTY ADULT AND YOUTH DEVELOPMENT (SCAYD) APPLICATION TO SONOMA COUNTY HUMAN SERVICES FOR COMMUNITY SERVICES FUNDING Upon MOTION by Councilmember Flores, seconded by Councilmember Spradlin, a motion to approve the Consent Calendar as submitted was APPROVED 4 -0 -1 with Vice Mayor Vidak- Martinez absent. 14. 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 10:32 p.m. Katy Leonard Certified Shorthand Reporter CSR No. 11599 3J e Mackenzie , Mayor City of Rohnert Park *City Council /Community Development Commission