2004/08/10 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
August 10, 2004
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 Nordin presiding.
CALL TO ORDER:
Mayor Nordin CALLED the Regular Session to order at
6:03 p.m.
ROLL CALL:
Present: (3) Councilmembers Flores and Vidak-
Martinez; and Mayor Nordin
Absent: (0) None
Late: (2) Vice Mayor Spradlin (6:21 p.m.);
Councilmember Mackenzie (6:40 p.m.)
Staff present for all or part of.the Regular Session:
City Manager Leivo, Interim City Attorney Whelan,
Assistant City Manager Donley, Building Inspector Bruck,
and City Engineer Jenkins.
ADJOURN TO CLOSED SESSION /RECONVENE REGULAR SESSION:
Mayor Nordin adjourned Council to Closed Session at
6:04 p.m. to discuss Litigation Matters and Real Estate
Negotiations. Close Session ended at 6:21 p.m. Mayor
Nordin resumed Regular Session at 6:21 p.m. and led the
pledge of. allegiance. Vice Mayor Spradlin arrived at
6:21 p.m.
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Nordin indicated that there was nothing to report
from the Closed Session.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(2 )
2. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Mayor's Presentation of Resolution to Rachel and
Jessica Beardsley expressing gratitude for their
voluntary assistance with work assignments at City
Hall: Mayor Nordin read the contents of the
resolution and presented it to Rachel and Jessica
Beardsley.
2. Barbara Greene, Co -Chair of Rohnert Park /Cotati Creek
Council regarding Copeland Creek Nature Park
Proposal: Mayor Nordin stated that Ms. Greene
requested to postpone her presentation to the next
Council meeting.
3. Gerard Giudice regarding Armando Flores and Amie
Spradlin Campaign Contributions: Mr. Giudice was
not present at this time.
4. Lawrence F. Esparza regarding City Council
correspondence to Mr. Peter Siggins: Mr. Esparza
asked that his wife, Marie A. Esparza, speak first.
5. Marie A. Esparza regarding City Council
correspondence to Governor Schwarzenegger:
Ms. Esparza read the contents of a letter from
the Governor's office regarding the Governor's
stance on the possible development of urban casinos.
She stated that she believes that the casino
opponents have the moral and political support of the
Governor, and she urged Mayor Nordin to provide
documentation of the City's casino efforts.
Councilmember Mackenzie arrived at 6:40 p.m.
4. Lawrence F. Esparza regarding City Council
correspondence to Mr. Peter Siggins: Mr. Esparza
shared comments on various topics in Mayor Nordin's
July 23, 2004 letter to Peter Siggins in the
Governor's Office, including the abandonment of the
Highway 37 site, increased crime, Highway 101, the
creation of jobs and references to Tribal
representatives. He urged a "yes" vote on the recall
and noted that soon the developers will have far less
control over City government.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(3 )
3. STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Incorporated, by James J. Reilly III, Legislative
Representative: Mr. Reilly's replacement, Tom Shields,
ASI representative, reported on the following topics:
The State budget, SSU's three -year grant for a program
that serves youth, and an August 23rd speaker at SSU.
Councilmember Flores commented on the AmeriCorps program
and the budget at SSU.
4. UNSCHEDULED PUBLIC APPEARANCEWCOMMENTS:
1. Anthony Piazza, 7550 Monet Place, was recognized and
discussed his candidacy for this November's election
and how the Sonoma County Conservationists will be
backing him. He commented on how the Tribe will get
their gaming compact and on issues surrounding the
recall election. He urged a "no" vote on the recall.
2. Peter Tscherneff, Sonoma County, was recognized and
questioned the amount of time each public speaker gets.
He shared brief comments about casino issues and the
matter of homeless children.
3. Linda Lamb, Dexter Circle, was recognized and stated
that democracy will prevail in the recall election.
She called for an end to the backroom planning by the
City Council, and she noted that she will support
limiting both terms and spending.
4. Lynne Conde, Dexter Circle, was recognized and shared
her research into the marketing of a casino to a city.
She recounted how the Tribe signed an MOU and then
made large payments to various groups, including
Sonoma State University and Rohnert Park Public Safety.
She expressed her concern with the City's union's
political action committees working to oppose the
recall, and she referred to a recent article in
"TIME" magazine featuring the brothers who own
Station Casinos.
5. Ken Lamb, 5734 Dexter Circle, was recognized and asked
why the Mayor must lobby for the casino if it is a done
deal. He discussed the duplicitous nature of the City
Council, and he outlined the efforts of Linda Lamb in
terms of getting the referendum on the ballot and
bringing about the recall election.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(4 )
6. Seamus Seanachaoi, 207 Southwest Boulevard, was
recognized and commended the current Councilmembers.
He expressed concern about comments from a recall
candidate regarding said candidate's influence over his
volunteers, and he stated that both sides of the recall
election are at risk due to misunderstandings and
personal agendas.
7. James Grundman, 879 Dana Court, was recognized and
discussed his research from the IRS website about
50.1(c)3's, which are exempt from Federal income taxes,
and which, additionally, are prohibited from
participating in campaigns. He noted that churches are
tax - exempt and can do no fundraising or other activities
to support /oppose a candidate. He urged City staff to
go to www.irs.gov or www.au.org and to investigate
candidate Chip Worthington's actions in the recall
campaign.
3. SCHEDULED APPEARANCES /PRESENTATIONS: [Out of order.]
3. Gerard Giudice regarding Armando Flores and Amie
Spradlin Campaign Contributions: Mr. Giudice
questioned certain out -of -state campaign
contributions for Mayor Nordin, Vice Mayor Spradlin
and Councilmember Flores. He asked what the possible
interest in Rohnert Park's campaign could be for
people in Washington or Arizona, and he asked why
Councilmembers would not answer that question.
Councilmember Flores indicated that he would speak
to Mr. Giudice at the break.
5. GREEN BUILDING PRESENTATION:
Review of an effective method of reducing greenhouse gas
emissions (related to City's participation in the
International Council for Local Environmental
Initiatives' (ICLEI) Climate Protection Campaign):
Presentation by Armando Navarro, Assistant Director of
the Environmental Technology Center at Sonoma State
University: Assistant City Manager Donley made
introductory comments and referred to Mr. Navarro, who
shared a brief slide presentation on green.building.
Mr. Navarro responded to Council inquiries about solar
energy, reduction of home construction waste and
photovoltaic options. Councilmember Mackenzie expressed
a desire for future Council workshops on green building
guidelines.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(5 )
6. PLANNING AND ZONING MATTERS: DEFERRED
File No. PL2004 -036MC - Consideration of proposed
amendments to Chapter 1.24 of the Rohnert Park
Municipal Code regarding Nuisance Abatement Ordinance
and Adequacy of a Negative Declaration for this
project:
1. Staff Report: City Manager Leivo indicated that
staff has requested to carry this item over to the
next Council meeting to allow Interim City Attorney
Whelan time to review changes to the ordinance.
2. PUBLIC HEARING: DEFERRED
3. Resolution for Adoption:
2004 -205 CERTIFYING A NEGATIVE DECLARATION FOR AN
ORDINANCE AMENDING CHAPTER 1.24 OF THE ROHNERT
PARK MUNICIPAL CODE (NUISANCE ABATEMENT
ORDINANCE)
Council Motion /Discussion /Vote: DEFERRED
4. First Reading and Introduction of Ordinance:
No. 718 AMENDING THE ROHNERT PARK MUNICIPAL CODE BY
REPLACING CHAPTER 1.24 (NUISANCE ABATEMENT
ORDINANCE) WITH THE REVISED CHAPTER 1.24 (NUISANCE
ABATEMENT ORDINANCE)
Council Motion /Discussion /Vote: DEFERRED
7. SONOMA COUNTY GENERAL PLAN - DRAFT CIRCULATION AND
TRANSIT ELEMENT:
1. Presentation by Van Norden Logan regarding
establishment of Community Separator Bank:
Mr. Logan shared the details of a proposal to
establish a Community Separator Bank and to sell
credits from it to release lands on the West side.
He asked for Council input on the feasibility of
this proposal-, and he responded to Council
questions about expansion of the Northwest
Community Separator. Councilmembers expressed an
interest in discussing the mechanism for this
proposal, including details about the fees and parcel
sizes. Council CONCURRED TO DIRECT STAFF to report
back with recommendations. Furthermore, Council
CONCURRED to meet /act as a whole on General Plan
matters.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(6 )
2. Staff Report for consideration of Response to Sonoma
County General Plan commenting on the Draft
Circulation Element of their General Plan: City
Manager Leivo shared the contents of the Staff
Report. Councilmember Flores discussed the
necessity for SCTA to take the lead role in
coordinating countywide efforts, and Councilmember
Mackenzie suggested attaching Rohnert Park's 2001
agreement with the County to the letter.
3. Public Comment: None.
4. Resolution for Adoption:
2004 -206 APPROVING A LETTER TO SONOMA COUNTY REGARDING THE
DRAFT CIRCULATION AND TRANSIT ELEMENT OF THEIR
2004 GENERAL PLAN UPDATE
Motion /Discussion /Vote:
Upon MOTION by Councilmember Flores, seconded by
Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
reading was waived and Resolution 2004 -206 was ADOPTED
with DIRECTIONS FOR STAFF to attach to the letter the
City's 2001 agreement with the County as referenced in the
letter.
8. WATER AND SEWER RATE COMPARISONS:
Review of comparisons with other cities in Sonoma County
and response to City Council's request for information
on current City sewer rates: City Manager Leivo
reviewed the contents of the Staff Report.
Council Discussion /Direction: Councilmember Flores
SUGGESTED putting a short statement in the City
newsletter summarizing issues surrounding wastewater
disposal, and Councilmember Mackenzie indicated that the
City should be discussing its rate structure soon. City
Manager Leivo stated that the matter of water and sewer
rates will be reviewed by the Council sometime in the
near future.
9. COMMISSION /COMMITTEE /BOARD MATTERS:
1. Cultural Arts Commission - Consideration of
appointment to fill vacancy with a four -year term to
expire December 31, 2006:
Council action to fill vacancy due to previous
acceptance of Crissey Cossey resignation: Vice Mayor
Spradlin urged interested people to apply..
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(7 )
2. Parks and Recreation Commission - Consideration of
appointment to fill vacancy with a four -year term to
expire December 31, 2004:
Council action to fill vacancy due to previous
acceptance of Sachi Hotaling resignation: Mayor
Nordin indicated that staff has received no
applications yet.
10. SETTING PUBLIC HEARING FOR PROPOSED SALE OF NW 40
ACRES:
Consideration of Resolution of Intention to sell
approximately 40.23 acres of surplus property owned by
the City of Rohnert Park located west of U.S. 101 and
north of the Rohnert Park Expressway (Stadium Lands)
APN's 143 - 040 -103, 143 - 040 -104, 143 - 040 -106 and
143 - 040 -109 and setting Public Hearing:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report.
2. Resolution for Adoption:
2004 -207 RESOLUTION OF INTENTION TO SELL APPROXIMATELY
40.23 ACRES OF SURPLUS PROPERTY OWNED BY THE CITY
OF ROHNERT PARK WEST OF U.S. 101 AND NORTH OF THE
ROHNERT PARK EXPRESSWAY (THE "STADIUM LANDS ")
PURSUANT TO GOVERNMENT CODE SECTIONS 37420 -37430
AND 54222 AND SETTING PUBLIC HEARING
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Flores, and UNANIMOUSLY APPROVED, reading
was waived and Resolution 2004 -207 was ADOPTED.
11. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Russian River Watershed Association, June 29, 2004
meeting: Councilmember Mackenzie gave brief updates
on (1) discharge permit matters per the Water Quality
Control Board and (2) Prop 50 monies.
2. Other informational reports, if any: None.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(8 )
12. COMMUNICATIONS:
Communications per the attached outline were brought to the
attention of Council.
Gaming on Tribal lands: Councilmember Flores
DISTRIBUTED AND REVIEWED the contents of a response
letter he received from Mike Thompson, Member of
Congress, First District of California, regarding the
effects of the recall election on the Tribe's ability
to go forward with their proposed casino.
Councilmember Flores noted that Congressman Thompson's
understanding is that the outcome of the recall
election will have no effect on the development of a
casino.
13. MATTERS FROM /FOR COUNCIL:
1. Schedule of Events and Meetings: City Manager Leivo
ANNOUNCED an event this Friday, 6:30 p.m., at the
Public Safety Building to honor the heroes of a
recent incident at the local shopping center, namely
Jessica and Kory Hopkins, Amber Eames, Kathy Rich and
Britany Guerrero. Mayor Nordin reviewed highlights
of the "Upcoming Events" document. At the request of
Councilmember Flores, Council CONCURRED TO DIRECT
STAFF to investigate options to provide additional
bus service to the City's senior citizens.
2. City Council Agenda Forecast: Provided to Council in
the agenda packets. Councilmember Vidak Martinez
thanked staff for the forecasts, but she REQUESTED
that they provide more accurate forecasts.
3. Other informational items, if any:
a. Sister Cities reception for Junior Ambassador from
Hashimoto: Councilmember Vidak- Martinez stated
that she attended the reception, and she commended
staff on the gifts and the event.
b. St. Joseph Health System L- Section Neighborhood
Meeting: Councilmember Vidak- Martinez reported on
said meeting, noting that the main topics were
a neighborhood watch, traffic - calming and park
improvements. She stated that there will be
another meeting in one month.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(9 )
c. Special Enforcement Unit (SEU) meetings at
mobilehome parks: Councilmember Vidak- Martinez
noted that.she attended said meetings, and she
commended staff's efforts in the mobilehome
parks.
d. United Way Campaign Chairman: Councilmember
Vidak- Martinez stated that she will be the
United Way's Campaign Chairman for the second
year in a row. She noted that she has reviewed
contributions'to local needs.
14. CITY MANAGER'S REPORT, INFORMATIONAL ITEMS, IF ANY:
1. Sewer service contract with SSU: City Manager
Leivo reported that negotiations for a new contract
for sewer service to SSU will begin soon.
2. Assemblymember Joe Nation: At the request of
Councilmember Mackenzie, City Manager Leivo
reported briefly on a recent legislative meeting
and Assemblymember Nation's endorsement of the new
Proposition 1 -A.
15. CONSENT CALENDAR:
Mayor Nordin asked if there were any questions about the
matters on the Consent Calendar, which were explained in
the City Manager's Council Meeting Memo. The Mayor
signified removal of the following item: Resolution
No. 2004 -208 per Councilmember Flores' recommendation and
Resolution No. 2004 -209 per Mayor Nordin's recommendation.
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS — JULY 27, 2004
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY'COUNCIL IN THE AMOUNT OF
$330,811.49
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$3,037.50
C. ACCEPTING CASH /INVESTMENTS REPORTS FOR MONTH END,
JUNE 30, 2004 CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(10)
D. RESOLUTIONS FOR ADOPTION:
2004 -210 RECOGNIZING THE MONTH OF SEPTEMBER AS NATIONAL
ALCOHOL AND DRUG ADDICTION RECOVERY MONTH
2004 -211 SUPPORTING SEPTEMBER 2004 AS "LITERACY MONTH" IN
ROHNERT PARK
2004 -212 APPROVING AGREEMENT WITH WHITLOCK & WEINBERGER
TRANSPORTATION FOR TRAFFIC CALMING AND TRAFFIC
ENGINEERING SERVICES
2004 -213 AUTHORIZING THE PURCHASE OF A NEW GRINDER FOR
PUBLIC WORKS
2004 -214 AUTHORIZING THE PURCHASE OF A NEW BACKHOE FOR
PUBLIC WORKS
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, the Consent Calendar, as
outlined in the meeting's agenda, with the exception of
Resolutions 2004 -208 and 2004 -209, was UNANIMOUSLY
APPROVED.
Items for Consideration:
2004 -208 EXPRESSING APPRECIATION TO TONI BERTOLERO OF
WINZLER & KELLY ENGINEERS FOR HER SERVICES AS
INTERIM CITY ENGINEER
and
2004 -209 PROCLAIMING AUGUST 9 -14, 2004 AS "CALIFORNIA
JUNIOR MISS WEEK"
Councilmember Flores commended the efforts of Toni
Bertolero as Interim City Engineer. Mayor Nordin
noted that it is an honor for the City to host the
California Junior Miss State Finals, and he read the
contents of Resolution 2004 -209.
Upon MOTION by Councilmember Flores, seconded by
Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
reading was waived and Resolutions 2004 -208 and
2004 -209 were CONSECUTIVELY AND SEPARATELY ADOPTED.
16. PUBLIC COMMENTS:
Members of the public desiring to speak were invited to
come forward. No members of the public responded.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 10, 2004 Page(11)
ADJOURNMENT:
There being no further business, Mayor Nordin ADJOURNED the
meeting at 8:20 p.m.
AA
Katy Leonard
Certified Shorthand Reporter
CSR No. 11599
mayor
of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority