2005/03/22 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
s COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
March 22, 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, City Attorney Kenyon, Assistant City
Manager Donley, Director Public Safety Bullard, City
Engineer Jenkins, Finance,Director Lipitz, Finance Services
Manager Lauchner, Senior Engineering Technician Pedroncelli,
Recreation Services Manager Miller, Senior Planner Bendorff
and Animal Shelter Supervisor Zeldes.
1. WORK SESSION:
Preliminary Budget Review for Fiscal Year 2005 -06
1. Discussion of Council Goals /Priorities: City
Manager Leivo made brief opening comments, and
Councilmembers reviewed their goals /priorities.
Councilmembers Smith and Flores and Mayor
Mackenzie DISTRIBUTED related handouts. Ken Wells,
Director of the Sonoma County Waste Management
Agency shared details about a new surcharge procedure.
Councilmember Smith suggested that Rohnert Park be a
pilot for this new model. Mayor Mackenzie REFERRED
said matter to the Garbage Subcommittee to consider
for recommendation to the full Council.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(2 )
2. Discussion of Approach to Budget Process: Assistant
City Manager Donley reviewed chart notes taken from
the Councilmembers' discussion of goals and
priorities. Councilmembers discussed various aspects
of the following Top Five Goals /Priorities:
1) Raise revenues
2) Infrastructure - Maintain /Increase
3) Increase Safety - "Safest City on 101"
4) Sustainability
5) Partnerships /Cooperation
City Manager shared additional comments on the City's
PERS reserves and on the funding of additional Public
Safety personnel.
3. Proposal for second Canine Unit: Mayor Mackenzie
stated that staff can review this proposal and come
back to Council with recommendations.
4. Proposal for second School Resources Officer: Mayor
Mackenzie stated that staff can review this proposal
and come back to Council with recommendations.
5. Council Discussion /Direction /Action:
Mayor Mackenzie called forward members of the public
desiring to comment on these preliminary budget matters.
1. Rick Brown, Sebastopol, representative of the Sonoma -
Marin Area Rail Transit (SMART), was recognized and
urged Council to keep in mind the SMART project and
its impacts when considering sustainability issues.
He noted that SMART is an important jurisdiction that
overlaps the City.
ADJOURN TO CLOSED SESSION:
Mayor Mackenzie adjourned Council to Closed Session at
7:02 p.m. to discuss Personnel Matters. Closed Session
ended at approximately 7:37 p.m.
REGULAR SESSION:
Mayor Mackenzie resumed Regular Session at 7:42 p.m. and led
the pledge of allegiance with the full Council present.
Mayor Mackenzie reported on the results of the Preliminary
Budget Review for Fiscal Year 2005 -2006.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(3 )
2. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Mackenzie reported that no action was taken in Closed
Session.
3. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Geoff Fox, City of Cotati Councilmember, regarding
Cancer Society Relay for Life Event, June 4 -5, 2005:
Mr. Fox ANNOUNCED the American Cancer Society's Relay
for Life event on June 4 -5, 2005 at Rancho Cotate
High School. He discussed his own battle with cancer,
and he urged Councilmembers to participate in the
event. Mayor Mackenzie accepted Mr. Fox's challenge
to form a team on behalf of the City of Rohnert Park,
and he indicated he will work with Vice Mayor Vidak-
Martinez to get people involved. American Cancer
Society representatives DISTRIBUTED "Hope" bracelets
and informational sheets as well.
2. Barbara Greene, regarding proposed formation of a
creek committee, Special Parks & Open Space Committee
(SPOSC): Mayor Mackenzie referred Council to
Ms. Greene's memo in the agenda packet in her absence
due to illness.
3. Mayor's Presentation of Resolution Honoring Jeffrey H.
Justice for his Distinguished Services as a Public
Safety Officer: Mayor Mackenzie READ AND PRESENTED
the resolution to Mr. Justice, who shared brief
comments in appreciation for the recognition.
4. STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Incorporated, by James J. Reilly III, Legislative
Representative: Mr. Reilly DISTRIBUTED copies of
The Star and reported on the following matters /events:
(1) DISTRIBUTION AND REVIEW of Resolution in
Recognition of Housing Complexes that accept Co- Signers;
(2) Student Elections continue through tomorrow.
5. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
Mayor Mackenzie noted that no members of the public
submitted speaker cards for Unscheduled Public Appearances.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(4 )
6. SEWER INTERCEPTOR /OUTFALL PROJECT NO. 2003 -11 MATTERS:
1. Consideration of approvals of Right -of -Way Agreements
and Grants of Easements, and authorizing execution of
Right -of -Way Agreements and Grants of Easements and
other documents as necessary, for three properties,
Assessor's Parcel Nos. 134- 232 -018, 134 - 232 -048 and
134- 930 -003:
a. Staff Report: City Manager Leivo explained the
Staff Report, and John Kunselman of Lescure
Engineers provided a Power Point presentation.
b. Public Comments: Mayor Mackenzie called forward
members of the public desiring to speak on this
matter.
1. Francis Mazzoni, 310 -B Vallejo Street, Petaluma, was
recognized and, representing his parents Isadore and
Elaine, he urged Council to reconsider their acquisition
of the Mazzoni property for the sewer interceptor /outfall
project. He suggested an alternative route following the
laguna line, and he expressed concern that his family had
to take the lowball offer after being on the land for 70
years.
c. Resolutions for Adoption (consecutively and
separately):
2005 -72 APPROVING THE ACQUISITION OF EASEMENTS AND
AUTHORIZING THE EXECUTION OF THE RIGHT -OF -WAY
AGREEMENT, GRANT OF EASEMENTS AND ANY OTHER
DOCUMENTS NECESSARY TO ACCOMPLISH THE FOREGOING
(PROPERTY OWNER: MAZZONI)
and
2005 -73 APPROVING THE ACQUISITION OF EASEMENTS AND
AUTHORIZING THE EXECUTION OF THE RIGHT -OF -WAY
AGREEMENT, GRANT OF EASEMENT AND ANY OTHER
DOCUMENTS NECESSARY TO ACCOMPLISH THE FOREGOING
(PROPERTY OWNER: FRABOTTA)
and
2005 -74 APPROVING THE ACQUISITION OF EASEMENTS AND
AUTHORIZING THE EXECUTION OF THE RIGHT -OF -WAY
AGREEMENT, GRANT OF EASEMENTS AND ANY OTHER
DOCUMENTS NECESSARY TO ACCOMPLISH THE FOREGOING
(PROPERTY OWNER: ARTHUR BROTHERS COMPANY,
INCORPORATED)
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(5 )
Council Motion /Discussion /Vote:
A MOTION was made by Councilmember Flores, seconded by
Councilmember Spradlin, to consecutively and separately
adopt Resolution Nos. 2005 -72, 2005 -73 and 2005 -74.
Under discussion, Councilmember Smith inquired if the
City's acquisition would prevent the land from being used
for dairy purposes. Councilmember Spradlin asked staff
to clarify the reasons for the selection of this particular
location for the pipeline and the fairness of the appraisal.
Councilmember Flores noted that the City hired the
appraiser to determine the fair market value of the land.
After said motion, which was UNANIMOUSLY APPROVED, reading
was waived and Resolutions 2005 -72, 2005 -73 and 2005 -74 were
CONSECUTIVELY AND SEPARATELY ADOPTED.
2. Consideration of Resolution of Necessity for Moretti
Property, Assessor's Parcel no. 134 -251 -054:
a. Staff Report: City Manager Leivo referred to City
Engineer Jenkins, who shared the contents of the
Staff Report and responded to Council questions and
comments.
b. HEARING: Mayor Mackenzie opened the Hearing at
8:32 p.m.
1. Harvey Rich, Hazel Environment, LLC, 336 Bon Air
Center, Box 232, Greenbrae, was recognized and
DISTRIBUTED AND REVIEWED a letter, ATTACHED TO THE
ORIGINAL SET OF MINUTES, explaining the financial impacts
that installing the sewer line on the Moretti's property
will have on the wetlands mitigation bank that Hazel
Environment, LLC has proposed to the Army Corps of
Engineers, the U.S. Fish & Wildlife Service, the
California Department of Fish and Game, the
Environmental Protection Agency and the California
Regional Water Control Board. He stated that Hazel
Environment will pursue approval of their proposed
wetlands mitigation bank, and he urged the City to meet
with his representatives.
2. Albert Morreti, 4589 Arlington Avenue, Santa Rosa, was
recogni'zed and indicated that he did work cooperatively
with the City's land acquisition specialist, John
Kunselman. He noted that it took him some time to look
into the fair market value of his property.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(6 )
3. Theresa Morreti, 4589 Arlington Avenue, Santa Rosa, was
recognized and expressed a desire to work together with
the City as the City's project will greatly affect her
family and its future. She noted that she and her
husband worked cooperatively with PG &E several years
ago, and she suggested the City consider putting the
pipeline along the edge of the easement.
Mayor Mackenzie closed the Hearing at 8:41 p.m.
Mayor Mackenzie referred to City Engineer Jenkins, who
stated that he did not mean to imply in his Staff Report
that the Morretis had not been cooperative. He noted that
no action on this item could prevent the entire project
from going forward as scheduled for this June through
October, and he reviewed the voting requirements necessary
for approval.
FOR THE RECORD, City Attorney Kenyon stated that many of the
comments made this evening relate to the fair market value
of the various properties, which is not for Council to
determine. She reminded Council that their duty is to
determine whether it can make a finding of necessity
requiring the acquisition of the property and thus the
adoption of the related resolutions.
c. Resolution for Adoption:
2005 -75 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF PROPERTY BY EMINENT
DOMAIN AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS (PROPERTY OWNER: MORETTI)
Council Motion /Discussion /Vote:
A MOTION was made by Councilmember Smith, seconded by
Councilmember Spradlin, to adopt Resolution No. 2005 -75.
Under discussion, Councilmember Flores stated that it is the
Council's goal to reach an agreement on the fair market
value with regard to the Moretti property. He thanked the
Morettis for coming to Council, and he noted that if the
parties cannot come to an agreement, one will be reached in
court. Councilmember Smith expressed his desire for a
settlement with the Morettis without going to court. He
thanked the parties for coming before Council, and he noted
that the City cannot go another season with its outdated
sewer lines. Mayor Mackenzie noted that he and Vice Mayor
Vidak - Martinez are aware of wetlands banks and tiger
salamander issues. He thanked the parties for coming before
Council, and he stated that the completion of this project
is vital to the economic health of the City.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(7 )
After said motion, which was UNANIMOUSLY APPROVED, reading
was waived and Resolution'2005 -75 was ADOPTED BY ROLL CALL
VOTE.
7. PRESENTATION OF 2003 -04 COMPREHENSIVE ANNUAL FINANCIAL
REPORTS BY EXTERNAL AUDITORS MACIAS, GINI & COMPANY:
City Council acceptance concurrently for:
CITY OF ROHNERT PARK Comprehensive Annual Report and
Management Letter
COMMUNITY DEVELOPMENT COMMISSION Independent Auditor's
Reports
ROHNERT PARK FINANCING AUTHORITY Independent Auditor's
Reports
ROHNERT PARK HOUSING FINANCING AUTHORITY Independent
Auditor's Reports
Finance Director Lipitz made opening comments and
introduced Mr. Clark and Mr. Bullock from Macias, Gini &
Company, who shared brief comments on the "Report to
Management" and responded to Council questions /comments
about computer security, the City's document retention
policy, Public Safety's dual role, health care and
taxpayer issues. Mayor Mackenzie SUGGESTED that Macias,
Gini & Company come back during the City's upcoming
budget reviews and speak to Council about unfunded
retirement health benefits.
Upon MOTION by Councilmember Flores, seconded by
Councilmember Spradlin, a motion to concurrently accept
the 2003 -04 Comprehensive Annual Financial Reports by
external auditors Macias, Gini & Company was UNANIMOUSLY
APPROVED.
RECESS: Mayor Mackenzie declared a recess at 9:04 p.m.
RECONVENE: Mayor Mackenzie reconvened the Council at
9:10 p.m. with the full Council present.
8. WATER REVENUE BONDS:
Consideration of Water Revenue Bonds for Water Projects
Financing:
1. Staff Report: City Manager Leivo shared opening
comments, and Finance Director Lipitz reviewed the
Staff Report and introduced Mimi Henderson of
Henderson Capital Partners, who responded to Council
questions /comments.
2. Public Comments: None.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(8 )
3. Resolution for Adoption:
2005 -76 AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INSTALLMENT PURCHASE AGREEMENT, A BOND PURCHASE
AGREEMENT, AN OFFICIAL STATEMENT AND A CONTINUING
DISCLOSURE CERTIFICATE, AND AUTHORIZING CERTAIN
RELATED MATTERS (WATER REVENUE BONDS)
Council Motion /Discussion /Vote:
A MOTION was made by Vice Mayor Vidak- Martinez, seconded
by Councilmember Spradlin, to adopt Resolution No.
2005 -76. Under discussion, Councilmember Smith suggested
that Council amend the resolution to lower the interest
rate to 5- and -a -half percent. Said FRIENDLY AMENDMENT
was accepted by the maker of the motion and the second.
After said motion, which was UNANIMOUSLY APPROVED, reading
was waived and Resolution 2005 -76 was ADOPTED AS AMENDED.
9. PARKS MASTER PLAN AND COMMUNITY FIELDS CITIZENS
ADVISORY COMMITTEE WORK PLAN:
Review and comments on proposed Process Outline and
proposed First Meeting Agenda:
1. Staff Report: City Manager Leivo referred to
Recreation Services Manager Miller, who shared the
contents of the Staff Report and responded to Council
questions /comments. Councilmember Flores expressed a
desire to see the Community Fields issue explored.
Councilmember Smith discussed infrastructure and the
role of Public Works. Councilmember Spradlin spoke
about recreation contracts and the need to work with
other entities offering sports- related activities.
Vice Mayor Vidak- Martinez expressed a desire to see
more innovation with the City's parks in terms of
public art, music centers, botanical gardens and group
picnic tables, rather than parks with only
sports- related activities and facilities. Mayor
Mackenzie expressed support for a walkable community,
and he noted that cultural arts and historical aspects
need to be considered.
2. Public Comments: None.
3. Council Discussion /Direction /Action: Council
CONCURRED TO DIRECT STAFF to redraft the Parks and
Recreation Master Plan and Community Fields Advisory
Committee Work Plan incorporating the Councilmembers'
ideas /comments as noted above for consideration by the
Council before its April 12th regular meeting. Staff
indicated the redraft would be ready before April 6th.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(9 )
10. PLANNING AND ZONING MATTERS:
1. File No. PL2005 -005MC - Consideration of Negative
Declaration approval and Proposed Ordinance amending
Section 17.16.040 of the Rohnert Park Municipal Code
regarding Parking Exemptions to accommodate required
Disabled Parking:
a. Staff Report: City Manager Leivo referred to
Senior Planner Bendorff, who reviewed the contents
of the Staff Report and responded to Council
questions /comments. Councilmember Smith SUGGESTED
that the ordinance be amended to require a maximum
of three parking spaces or a total of ten percent,
whichever is less, to accommodate disabled parking.
b. PUBLIC HEARING: Mayor Mackenzie opened the Public
Hearing at 9:41 p.m. There being no members of the
public interested in speaking on this matter,
Mayor Mackenzie closed the Public Hearing at
9:41 p.m.
c. Resolution for Adoption:
2005 -77 CERTIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT
TO SECTION 17.16.040 OF THE ROHNERT PARK MUNICIPAL
CODE REGARDING PARKING EXEMPTIONS.TO ACCOMMODATE
REQUIRED DISABLED PARKING
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Flores, seconded by Vice Mayor
Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was
waived and Resolution 2005 -77 was ADOPTED.
d. Waive First Reading and Introduce Ordinance by
reading title:
No. 735 AMENDING ROHNERT PARK MUNICIPAL CODE
SECTION 17.16.040 PERTAINING TO PARKING EXEMPTIONS
Council Motion /Discussion /Vote:
A MOTION was made by Councilmember Smith, seconded by Vice
Mayor Vidak- Martinez, to introduce Ordinance No. 735.
Under discussion, Councilmember Flores inquired about
Councilmember Smith's suggestion regarding a maximum of
three parking spaces or a total of ten percent, whichever is
less, in order to accommodate disabled parking. The maker
of the motion and the second AGREED to amend the motion and
to give discretion to Senior Planner Bendorff.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(10)
After said motion, which was UNANIMOUSLY APPROVED, reading
was waived and Ordinance 735, AS AMENDED, was INTRODUCED
BY ROLL CALL VOTE.
2. File No. PL2005 - Consideration of Negative
Declaration approval and Proposed Ordinance amending
certain designated sections of the Rohnert Park
Municipal Code regarding Kennels and Small Animals:
a. Staff Report: City Manager Leivo referred to
Senior Planner Bendorff, who shared the contents of
the Staff Report and responded to Council questions
and comments.
b. PUBLIC HEARING: Mayor Mackenzie opened the Public
Hearing at 9:53 p.m. There being no members of the
public interested in speaking on this matter,
Mayor Mackenzie closed the Public Hearing at
9:53 p.m.
c. Resolution for Adoption:
2005 -78 CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE
AMENDING SECTIONS 17.04.030, 17.06.030, 17.06.060,
17.06.100. 17.06.190, 17.07.020(0) AND
17.07.020(AA) OF THE ROHNERT PARK MUNICIPAL CODE
REGARDING KENNELS AND SMALL ANIMALS
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Flores, seconded by Vice Mayor
Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was
waived and Resolution 2005 -78 was ADOPTED.
d. Waive First Reading and Introduce Ordinance by
reading title:
No. 736 AMENDING SECTIONS 17.04.030, 17.06.030, 17.06.060,
17.06.100. 17:06.190, 17.07.020(0) AND
17.07.020(AA) OF THE ROHNERT PARK MUNICIPAL CODE
REGARDING KENNELS AND SMALL ANIMALS
Council Motion /Discussion /Vote: [DEFERRED to April 12]
With the approval of City Attorney Kenyon, City Manager
Leivo SUGGESTED that Council proceed with the next agenda
agenda item, No. 11, "Animal Control Regulations." He
noted that if Council desires, they could return to this
item regarding kennels and small animals after consideration
of Agenda Item No. 11.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(11)
11. ANIMAL CONTROL REGULATIONS:
Consideration of Proposed Ordinance amending Title 6 of
the Rohnert Park Municipal Code concerning Animal
Control Regulations (and Resolution establishing Rates
and Fees for Animal Control Regulations):
1. Staff Report: City Manager Leivo shared opening
comments. Finance Services Manager Lauchner ADVISED
Council to delete the reference to a resolution in
Agenda Item No. 11 as the purpose of said agenda item
is only to consider an ordinance.
Animal Shelter Supervisor Zeldes reviewed the purpose
of this ordinance, and staff responded to Council
questions /comments.
2. Public Comments: None.
3. Waive First Reading and Introduce Ordinance by reading
title.
No. 737 AMENDING TITLE 6 OF THE ROHNERT PARK MUNICIPAL, CODE
CONCERNING ANIMAL CONTROL REGULATIONS
Council Motion /Discussion /Vote: [DEFERRED to April 12]
FOR THE RECORD, City Attorney Kenyon clarified the following
amendment to the first sentence on page 1 of Ordinance
No. 737 as follows: Remove the words "does hereby ordain as
follows ".and rewrite the sentence to read., "The City Council
of Rohnert Park, California, does hereby amend to read in
its entirety as follows."
A MOTION was made by Councilmember Flores, seconded by
Vice Mayor Vidak- Martinez, to introduce Ordinance No. 737
with City Attorney Kenyon's amendment as noted above. Under
discussion, Vice Mayor Vidak - Martinez RECOMMENDED that the
number of cats be reduced from six to four. Councilmember
Spradlin asked for clarification regarding the total number
of a variety of animals a household could have. Mayor
Mackenzie inquired about enforcement issues, and he
expressed support for the section on dangerous animals.
Councilmember Smith indicated that the ordinance should be
clearly written so that citizens can easily figure out the
number of animals they may have. Councilmember Flores
RECOMMENDED a six -month review for said ordinance. City
Manager Leivo clarified that the revised ordinance should
include City Attorney Kenyon's amendment, a reduction in the
number of cats from six to four and a six -month review.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(12)
Based on staff's recommendation, said motion was WITHDRAWN
to return for introduction with the above - listed revisions
to Council's April 12th meeting. Staff further advised
that the related zoning ordinance will be brought back on
April 12th for Council consideration as well.
Councilmember Smith left the chambers at 10:20 p.m. due to
conflict -of- interest issues regarding Golf Course Matters.
12. GOLF COURSE MATTERS:
Consideration of proposed terms of Second Amendment to
the Ground Lease Agreement with CourseCo:
1. Staff /Council Subcommittee Report, March 17, 2005 and
March 21, 2005 meeting: Councilmembers Flores and
Spradlin DISTRIBUTED AND REVIEWED a document regarding
the premises they relied on and their recommended
terms for the Second Amendment to the CourseCo Lease.
The Golf Course Subcommittee responded to Council
questions /comments and RECO14ONDED adoption of their
proposed terms. City Manager Leivo referred Council
to the updated version of the recommendations, and he
discussed changes regarding rent effective date per
recent discussions with CourseCo representative Tom
Isaac.
2. Public Comments: None.
3. Council Discussion /Direction /Action: A MOTION was
made by Vice Mayor Vidak- Martinez, seconded by
Councilmember Flores, to proceed with preparation of
the updated version of the proposed terms for the
Second Amendment to the Lease Agreement with CourseCo.
Said motion was APPROVED 4 -0 -1 with Councilmember
Smith abstaining.
Councilmember Smith returned to the chambers at 10:45 p.m.
13. BLUE CROSS HEALTH INSURANCE PROPOSED RATE INCREASE FOR
FY 05 -06 - UPDATE:
Council Discussion /Direction: City Manager Leivo stated
that he has received no new information to date, but that
he expects more information by the next Council meeting
on April 12.
14. BICYCLE ADVISORY COMMITTEE APPOINTMENT:
Consideration of appointment to fill vacancy with a
two -year term to expire December 31, 2006:
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(13)
Council action to fill vacancy: Council CONCURRED with
Councilmember Smith's nomination of Carson Williams for
appointment to the Bicycle Advisory Committee to fill a
two -year term to expire December 31, 2006.
15. MARIN /SONOMA MOSQUITO & VECTOR CONTROL DISTRICT:
Consideration of appointment of a Rohnert Park citizen to
serve as a representative for the City on the Board of
Trustees for the Marin /Sonoma Mosquito & Vector Control
District for a two -year term which expires December 31,
2006:
Council Discussion /Direction /Action: Mayor Mackenzie
briefly commented on this matter. A MOTION was made by
Councilmember Flores, seconded by Councilmember Spradlin,
to appoint Paul Libeu as the Rohnert Park representative
on the Board of Trustees for the Marin /Sonoma Mosquito &
Vector Control District. Said motion was UNANIMOUSLY
APPROVED.
16. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Water Issues Subcommittee, March 9, 2005 meeting:
Councilmember Flores DISTRIBUTED AND REVIEWED a
written report for this item regarding the Cook Creek
Project, implementation of the 14 Best Management
Practices and Specific Plan construction schedules.
2. Garbage Subcommittee, March 10, 2005 meeting:
Councilmember Spradlin reported on Landfill Issues and
Future Rate Adjustments. Based on the recommendation
of the Garbage Subcommittee, Council CONCURRED TO
DIRECT STAFF to publish a notice regarding the rate
adjustments and reflecting the Garbage Subcommittee's
recommendation. Staff noted that said adjustments
will affect citizens' bills in August, 2005.
3. Mayors' & Councilmembers' Association, March 10, 2005
meeting: Councilmember Flores REVIEWED a written
report per said meeting as follows:
1) ABAG Regional Planning Committee
Jake Mackenzie selected for two -year term to begin
June 1, 2005 to June 1, 2007
2) County Open Space Committee
Interested Councilmembers will be asked to submit
letters of interest
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(14)
3) Board of Supervisors
Councilmember Flores ANNOUNCED that the City of
Rohnert Park must vote to determine if the Board
of Supervisors should have full membership. He
noted that presently the vote of cities is four
"yes" and four "no."
4) Remote Access Network (RAN)
Mayor David Glass of Petaluma was affirmed as the
representative of the City Selection Committee.
5) Airport Land Use Commission
Janet Condron has applied. Interested persons
should submit letters of interest.
6) Sonoma -Marin Area Rail Transit (SMART)
Mike Healy and Deborah Fudge were selected as
the Mayors' & Councilmembers' Association
representatives on the SMART II Commission
Board of Directors.
4. Sonoma County Transportation Authority (SCTA),
March 14, 2005 meeting: Mayor Mackenzie gave a brief
update on the status of the Measure M Strategic Plan.
5. California Tiger Salamander Ad Hoc Committee,
March 16, 2005 and March 17, 2005 meetings:
Consideration of Implementation Outline Letter:
Mayor Mackenzie gave a brief update on the drafting
of the implementation letter.
Council Discussion /Direction /Action: No action taken
by Council at this time.
6. Association of Bay Area Governments (ABAG) Executive
Board Meeting, March 17, 2005: Mayor Mackenzie noted
that he was not present for said meeting.
7. Sonoma County Waste Management Agency, March 16, 2005
meeting: Councilmember Smith discussed Ken Wells'
comments regarding a new surcharge procedure during
tonight's Work Session, and he reviewed the draft
resolution. He noted that, as a member of a
subcommittee, he will be attending a meeting next week
to review related funding matters.
8. Public Safety Ad Hoc Committee, March 14, 2005
meeting: Vice Mayor Vidak- Martinez briefly commented
on the broad discussions regarding issues related to
Public Safety, its new Mission Statement and Council's
goals related thereto.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(15)
9. Climate - Change Targeting, March 9, 2005 meeting:
Mayor Mackenzie reported that there will be a workshop
on May 21, 2005 to start setting these targets.
10. Other informational reports, if any: None.
17. COMMUNICATIONS:
Communications per the attached outline were brought to the
attention of the Council. No communications were discussed.
18. MATTERS FROM /FOR COUNCIL:
1. State Vehicle Code - Discussion with City of Santa
Rosa regarding requirement of State Vehicle Code to
increase speed limits based on driver surveys, and
possible follow -up with State Legislators:
Councilmember Smith expressed concern with the State's
Vehicle Code policy, and Councilmembers expressed
their support. At the suggestion of Councilmember
Smith, Council CONCURRED TO DIRECT STAFF to work with
other local cities regarding changing this State
Vehicle Code requirement to increase speed limits
based on driver surveys.
2. AB 939 Local Task Force - Consideration of City of
Rohnert Park appointment to the AB 939 Sonoma County
Local Task Force:
Council Discussion /Direction /Action: Council
CONCURRED TO DIRECT STAFF to advertise said vacancy.
3. Schedule of Events and Meetings: Mayor Mackenzie
referred Council to the Schedule of Events and
Meetings provided in the agenda packets, and he
reminded Council to notify Beth Lidster of the events
they wish to attend.
Councilmember Spradlin expressed concern that she was
not notified about a meeting with Mayor Mackenzie,
Councilmember Flores and several City employees
tomorrow morning. She stated that she would like to
be informed of such meetings. Mayor Mackenzie
indicated that he was advised that staff wanted to
meet privately with himself and another Council
representative. He stated that he selected
Councilmember Flores and that information regarding
said private meeting with the City employees should
have been relayed to all Councilmembers.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(16)
4. City Council Agenda Forecast, including consideration
of website posting: Provided to Council in the agenda
packets.
5. Other informational items, if any:
a. Legislative Meeting: Mayor Mackenzie noted that
former Rohnert Park City Attorney Betsy Strauss
will be attending an upcoming League of California
Cities' legislative meeting regarding housing
matters.
19. CITY MANAGER'S REPORT:
Informational items, if any:
1. County CDBG Block Grants: City Manager Leivo gave an
update on approval of County CDBG Block Grants for
housing funds.
2 Brookfield Homes: City Manager Leivo gave an update
on Brookfield Homes' presentation to the Board of
Public Utilities.
3. ANNOUNCEMENT of Rotary Club's dedication of the
xeriscaping at the library, Wednesday, March 30, 2005
at 9:00 a.m.
4. Out of Town: City Manager Leivo stated that he will
be out of the office from this Thursday, March 24th,
through April lst. He noted that he plans to attend
Council's April 12th meeting, barring any
complications with his wife's surgery. Council wished
his wife a speedy recovery.
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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 Resolution Nos. 2005 -79, 2005 -80,
2005 -81 and 2005 -82 at the recommendation of Councilmember
Smith.
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - MARCH 8, 2005
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(17)
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$2,474,372.28
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$3,082.21
C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END,
FEBRUARY 28, 2005 CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
D. RESOLUTIONS FOR ADOPTION:
2005 -83 RESCINDING RESOLUTION NO. 2005 -53 "APPROVING A
DEPARTMENT OF PUBLIC SAFETY 'MISSION STATEMENT'"
2005 -84 APPROVING A DEPARTMENT OF PUBLIC SAFETY MISSION
STATEMENT AND PROACTIVE PURSUIT OF CRIMINAL
ACTIVITY WHILE MAINTAINING RESPECT FOR THE PUBLIC
2005 -85 ESTABLISHING A WASTEWATER CAPITAL RESERVE FUND
AND DEDICATING SEWER USER CHARGES IN ACCORDANCE
WITH THE STATE WATER RESOURCES CONTROL BOARD'S
REQUIREMENTS OF THE STATE REVOLVING FUND LOAN
PROGRAM
2005 -86 ADOPTING RULES AND REGULATIONS REGULATING THE SALE
OF WATER IN THE CITY OF ROHNERT PARK
2005 -87 APPROVING CLARIFICATION TO THE JOB CLASSIFICATION
AMENDMENT PROCESS
2005 -88 APPROVING THE UPGRADE OF THE HOUSING SERVICES
ASSISTANT POSITION TO HOUSING AND REDEVELOPMENT
PROJECT MANAGER
2005 -89 AUTHORIZING THE PURCHASE OF A SCOREBOARD FOR
BENICIA PARK
2005 -90 APPROVING AMENDMENT NO. 3 TO THE AGREEMENT FOR
SERVICES BETWEEN THE CITY OF ROHNERT PARK AND
JONES & STOKES REGARDING THE ENVIRONMENTAL IMPACT
REPORT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN
2005 -91 APPROVAL OF TASK ORDER NO. 2005 -04 WITH WINZLER &
KELLY ENGINEERS FOR CONSTRUCTION MANAGEMENT
SERVICES FOR CITY OF ROHNERT PARK SEWER
INTERCEPTOR /OUTFALL PROJECT, CITY PROJECT
NO. 2003 -11
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(18)
2005 -92 ACCEPTING COMPLETION AND DIRECTING THE CITY
ENGINEER TO FILE NOTICE OF COMPLETION FOR PUBLIC
SAFETY STADIUM RADIO REPEATER RELOCATION PROJECT
NO.L 2003 -34
2005 -93 APPROVING LOT LINE ADJUSTMENT FOR A PORTION OF
500 CITY HALL DRIVE PARCEL TO THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK,
ASSESSOR'S PARCEL NO. 143 - 051 -07.9
2005 -94 APPROVING, AUTHORIZING SIGNATURE AND ACCEPTING
OFFERS OF DEDICATION, PARCEL MAP NO. 175, LANDS OF
THE CITY OF ROHNERT PARK, AKA STADIUM /WASTEWATER
HOLDING POND LANDS, ASSESSOR'S PARCEL
NOS. 143 - 040 -103, -104 AND -110
2005 -95 REJECTING THE CLAIM OF KARL K. KONZEN RE ALLEGED
INJURY FROM FALL WHILE ON CITY BUSINESS
2005 -96 REJECTING THE CLAIM OF RENTAL CENTER PROPERTIES RE
ALLEGED DESTRUCTION OF IRRIGATION VALVE DURING
POLICE FOOT CHASE
2005 -97 REJECTING THE CLAIM OF JANICE AND PAUL STENGER RE
ALLEGED AUTOMOBILE DAMAGE BY DPS
E. COMMUNITY DEVELOPMENT COMMISSION MATTER:
CDC RESOLUTION FOR ADOPTION:
2005 -01 APPROVING LOT MERGER FOR 430 AND 450 CITY HALL
DRIVE, ASSESSOR'S PARCEL NOS. 143 - 051 -063 AND -064
Upon MOTION by Councilmember Flores, seconded by
Councilmember Spradlin, a motion to approve the Consent
Calendar as outlined in the meeting's agenda, with the
exception of Resolution Nos. 2005 -79, 2005 -80, 2005 -81 and
2005 -82, was UNANIMOUSLY APPROVED.
Items for Consideration:
2005 -79 DECLARING THURSDAY Y, MARCH 31, 2005 AS "TAKE YOUR
DAUGHTERS AND SONS TO WORK DAY"
and
2005 -80 OBSERVING THURSDAY, APRIL 7, 2005 AS "WORLD HEALTH
DAY"
and
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 22, 2005 Page(19)
2005 -81 RECOGNIZING APRIL AS "FINANCIAL LITERACY MONTH"
and
2005 -82 OBSERVING THE MONTH OF APRIL AS A SEASON FOR
NONVIOLENCE
Councilmember Smith inquired about the basis for these
resolutions. Mayor Mackenzie and Vice Mayor Vidak- Martinez
clarified that these types of resolutions are requested by
citizens or organizations within the community. Upon
MOTION by Councilmember Smith, seconded by Vice Mayor
Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was
waived and Resolution Nos. 2005 -79, 2005 -80, 2005 -81 and
2005 -82 were ADOPTED CONSECUTIVELY AND SEPARATELY.
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 11:21 p.m.
C
Katy Leonard ake Mackenzi
Certified Shorthand Reporter Mayor
CSR No. 11599 City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority
0
TTA-cHOD
HAZEL ENVIRONMENT, LLC.
336 Bon Air Center - Box 232
Greenbrae, CA. 94904
415- 472 -1086
415- 491 -1147 Fax
March 22, 2005
Ms. Judy Hauff
City Clerk
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
Re: Your Letter of March 3, 2005 to Mr. and Mrs. Albert Moretti
Subject: Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire
Property by Eminent Domain for the Sewer Interceptor /Outfall Project;
Authorizing Commencement of the Litigation to Acquire Property and Order of
Possession.
Dear Ms. Hauff:
This letter is to summarize the financial impacts that installing the sewer line on the
Moretti's property have on the wetlands mitigation bank that we have proposed to the
Army Corps of Engineers, the U.S. Fish & Wildlife Service, the California Department of
Fish and Game, the Environmental Protection Agency, and the California Regional Water
Quality Control Board ( "Approving Agencies "). The following is to summarize our
position:
Agreement to Purchase Property. We entered into an agreement with the
Moretti's to purchase their property in on May 16, 2002.
Submittal of Our Application to the Approving Agencies. We submitted our
application to build a "wetland restoration and California tiger salamander (CTS)"
preserve, on the Moretti property, to the Approving Agencies on December 31,
2002. Our business plan is build the preserve, on their property, to enable us to sell
wetlands credits and CTS credits to the development community.
• Approval of Our Application by the Approving Agencies. We anticipate that the
Approving Agencies will approve our application for wetlands and CTS preserve in
the next ninety -days.
Construction of the Wetlands and CTS Preserve on the Moretti Property. Our
plan is to construct the wetlands and CTS preserve on the Moretti property this
year, assuming that we receive approval from the Approving Agencies in a time
Ms. Judy Hauff
March 22, 2005
Page 2
frame that allows us to complete construction before the 2005/2006 rainy season
begins.
Impacts of the City of Rohnert Park's Sewer Installation on Our Plans. Based
upon the information that I have today, the impacts on our plans are as follows:
➢ Sewer Easement. The Approving Agencies will not allow wetlands to be
constructed in an easement area.
➢ The Sewer Easement Impacts' on the Proposed Wetlands. The sewer
easement area requires us to remove .44 acres of wetlands restoration from
our plan, because we can not place wetlands in an easement area.
➢ Value of .44 Acres of Wetlands Restoration Credits. We estimate the
current market value for wetland restoration credits is $400,000 to $500,000
per acre. Using a value of $400,000 per acre, the loss of wetland restoration
income to us, caused by the easement, is $160,000.
➢ Estimated Amount of Loss to Us from the Easement. While we cannot use
the .44 acres for wetlands restoration credits we can sell the land for CTS
credits. CTS credits are currently selling for $100,000 per acre; which is
$44,000. We project, therefore, the loss caused by the sewer easement to be
$116,000. (This is $160,000 - $44,000.)
➢ Additional Impacts. We estimate that the additional costs to make the
modifications and review them the Approving Agencies will costs between
$5,000 and $15,000. This does include the cost of any potential delays in
our building the wetland, because of your easement.
We„look forward to discussing this matter with your representatives in the near future.
O. Rich
zR Member
cc: Albert and Theresa Moretti