2004/09/28 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
September 28, 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: (5) Councilmembers Flores, Mackenzie and Vidak-
Martinez; Vice Mayor Spradlin; and Mayor
Nordin
Absent: (0) None
Staff present for all or part of the Regular Session:
City Manager Leivo, Interim City Attorney Whelan, Public
Safety Sergeant Nicks, Public Safety Lieutenant Amato, and
Interim City Engineer Jenkins.
ADJOURN TO CLOSED SESSION:
Mayor Nordin adjourned Council to Closed Session at
6:03 p.m. to discuss Litigation Matters. Closed Session
ended at approximately 6:32 p.m. Mayor Nordin resumed
Regular Session at 6:33 p.m. and led the pledge of
allegiance.
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Nordin reported that Council will schedule for its
October 12th agenda consideration of creating a subcommittee
to meet with the Cotati- Rohnert Park School District
regarding entitlement to share tax increment revenue
generated in the City's Redevelopment Area.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(2 )
2. SCHEDULED APPEARANCE /PRESENTATION:
Larry Pelton, President, Rohnert Park Public Safety
Officers Association (RPPSOA), regarding support for
unified City Council: Mr. Pelton read a written
statement expressing concern with regards to past events
of the Council, including the Recall Election, and
encouraging the Council to unite, to lead by example, and
to bring the community together.
3. STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Incorporated, by James J. Reilly III, Legislative
Representative: Mr. Reilly reported on the following
items: Addition of 90 acres from the Roths to SSU,
the second presidential debate on October 8th, student
competition to register voters.
4. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
1. Harold Belofsky, 1525 Mammoth Place, was recognized and
inquired about a milestone schedule /timetable for the
Federated Indians of Graton Rancheria casino project.
City Manager Leivo discussed the Draft EIR and the public
review process, as well as a timetable for commencement
of construction drawings. Councilmember Mackenzie
elaborated on two additional steps, having the land taken
into trust and ratification of a gaming compact.
Mr. Belofsky noted that it seemed like such a short time
for so many things to occur, and he recommended the City
provide a brief timetable for interested members of the
public.
5. PUBLIC SAFETY MATTER:
Consideration of Supplemental Law Enforcement Services
Fund (SLESFj Expenditure Plan for continued funding of
the Multi - Agency Gang Enforcement Team !MAGNET):
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report.
2. PUBLIC HEARING: Mayor Nordin opened the Public
Hearing at 6:43 p.m. There being no members of the
public interested in speaking on this matter, Mayor
Nordin closed the Public Hearing at 6:43 p.m.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
4
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(3 )
3. Resolution for Adoption:
2004 -250 APPROVING THE 2004 -05 SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND (SLESF) EXPENDITURE PLAN (FOR
CONTINUED FUNDING OF THE - MULTI- AGENCY GANG
ENFORCEMENT TEAM PUBLIC SAFETY OFFICER AND THE
PUBLIC SAFETY TRAINEE PROGRAM)
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Flores, and UNANIMOUSLY APPROVED, reading
was waived and Resolution 2004 -250 was ADOPTED.
Councilmember Flores and Mayor Nordin expressed support
and confirmed the need for this funding.
6. SPECIAL ENFORCEMENT UNIT REPORT:
Update /Presentation by Department of Public Safety
Sergeant Jeff Nicks: Sergeant Nicks shared a
presentation about the City's first Canine Unit,
including details about the newly developed policy,
the dog selection and training process, the need for
a people- friendly dog also able to fight crime, and
the shift responsibilities and requirements for the
canine handler. Sergeant Nicks responded to Council
questions /comments about the status of the dog after
it retires, the dog's narcotics training, the opportunity
to connect the dog with the community, and the steps
that are taken if the dog and handler do not quite
match.
City Manager Leivo gave a brief report on the status of
the SEU's narcotics efforts and future plans to introduce
the SEU to high school students.
7. INSTALLATION OF WOOD - BURNING APPLIANCES:
Consideration of adding "Installation of Wood - Burning
Appliances" Ordinance to the Rohnert Park Municipal
Code:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report.
2. Public Comments: None.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(4 )
3. Waive Second Reading and Adopt Ordinance by reading
title.
No. 720 ADDING CHAPTER 8.26, "INSTALLATION OF WOOD - BURNING
APPLIANCE," TO TITLE 8, "HEALTH AND SAFETY," OF THE
ROHNERT PARK MUNICIPAL CODE
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading was
waived and Ordinance No. 720 was ADOPTED.
8. GRADING AND EROSION CONTROL ORDINANCE:
Consideration of Amending "Environmental Impact and
Grading and Erosion Control" Ordinance to 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. 721 AMENDING CHAPTER 16.48, "ENVIRONMENTAL IMPACT AND
GRADING AND EROSION CONTROL," OF TITLE 16,
"SUBDIVISIONS," TO ADD SECTIONS 16.48.030 THROUGH
16.48.110 TO THE ROHNERT PARK MUNICIPAL CODE
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Flores,. and UNANIMOUSLY APPROVED, reading
was waived and Ordinance No. 721 was ADOPTED.
At this time, City Manager Leivo requested that Public
Safety Lieutenant Amato be allowed to make a presentation
on the SEU Unit.
6. SPECIAL ENFORCEMENT UNIT REPORT: [Out of order.]
Public Safety Lieutenant Amato shared a brief statistical
breakdown of the 162 arrests the SEU has made as of the
24th of September. He noted that the SEU has been
effective in the community and will begin its work in the
schools later this year.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(5 )
9. CONFLICT OF INTEREST CODE:
Consideration of designating positions and persons
subject to Conflict of Interest Code, and amending
"Conflict of Interest" Ordinance to 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. 722 AMENDING CHAPTER 2.60, "CONFLICT OF INTEREST,"
OF TITLE 2 OF THE ROHNERT PARK MUNICIPAL CODE
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember:Flores, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading
was waived and Ordinance No. 722 was ADOPTED.
10. COMMISSION /COMMITTEE /BOARD.MATTERS:
1. Bicycle Advisory Committee:
Consideration of appointment to fill vacancy
with a two -year term to expire December 31, 2004:
Council action to fill vacancy due to previous
resignation of James.Kline: Upon MOTION by
Councilmember Flores, seconded by Councilmember
Vidak- Martinez, a motion to appoint Ken Acton
to a two -year term.to expire December 31, 2004,
was UNANIMOUSLY APPROVED.
2. Parks and Recreation Commission:
Consideration of appointment to fill vacancy with
a two -year term to expire December 31., 2004:
Council action to fill vacancy due to previous
resignation of Sachi Hotaling: Upon MOTION by
Mayor Nordin, seconded by Councilmember Flores,
a motion to appoint Thomas C. Hansen to a two -year
term to expire December 31, 2004, was
UNANIMOUSLY APPROVED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(6 )
11. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Sonoma County Waste Management Agency (SCWMA),
September 15, 2004: Councilmember Mackenzie
reported on two items: (1) Ad hoc committee
sent to talk to City of Petaluma; (2) Sonoma
County received national award for its recycling
efforts.
2. Senior Citizens Advisory Commission, September 16,
2004: Mayor Nordin reported on two items:
(1) Installation of new commissioner, Betty Ferra;
(2) Call for seniors to bring their concerns to the
commission /Review of their purpose and involvement
in the community.
3. League of California Cities' 2004 Annual Conference,
Long Beach, September 17 -19, 2004: Councilmember
Flores DISTRIBUTED AND REVIEWED a handout regarding
Keynote Speakers, Successful Skate Parks, and the
North Bay Division meeting, of which the main topic
was support for the passage of Proposition 1 -A.
Councilmember Mackenzie RECOMMENDED revisiting the
skate park issue in the new year. City Manager
Leivo shared additional comments about (1) his
discussions with Big League Dreams, a company that
works with agencies to operate and maintain
recreational complexes, and (2) matters related to the
City and SSU, including support services, legal
obstacles, transportation, housing and waste water
issues. Councilmember Vidak - Martinez REQUESTED to be
informed of meetings between the City and SSU so that
the Council can participate. Councilmember Mackenzie
SUGGESTED that Council resume regular meetings with
SSU President Arminana.
4..Urban Forest Conference Welcome, September 20, 2004:
Councilmember Mackenzie indicated that he welcomed
participants at the 2004 California Urban Forest
Conference and invited them to tour the City and SSU's
campus as examples of local landscaping efforts.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(7 )
5. Water Issues Subcommittee, September 21, 2004:
Councilmembers Flores and Mackenzie DISTRIBUTED AND
REVIEWED a meeting outline, including matters related
to SCWA updates, the Draft Water Conservation
•Ordinance, the Impairment MOU, the City's wells, and
the Water Supply Assessment Update. They RECOMMENDED
that the Council discuss water shortage possibilities
and direct staff to develop a City Water Shortage
Emergency Plan. City Manager Leivo indicated that
staff is preparing a critical analysis which will be
ready for Council review by mid- or late October.
6. Groundwater Resources Association Conference,
September 23, 2004: Vice Mayor Spradlin indicated
that she welcomed the participants and explained
how.the City provides water to its residents. Interim
City Engineer Jenkins noted that the focus was on
regional groundwater management and particularly
regional solutions to septic system problems.
Councilmember Mackenzie noted that the "Public
Session: Sonoma County Groundwater Panel Session"
material from the conference is also available as
a Power Point presentation.
7. Russian River Watershed Association, September 23,
2004: Councilmember Mackenzie reported on discussions
regarding (1) the MOMU for the North Coast Integrated
Regional Water Management Plan and (2) the
proliferation of Ludwigia in the local flood control
channels. He noted that he will attend the Task
Force meeting for Ludwigia on October 20th.
8. Water Advisory Committee, September 27, 2004:
Councilmembers Flores and Mackenzie DISTRIBUTED AND
REVIEWED documents regarding (1) Draft 6 of the
Proposed MOU for Interim Impairment and (2) the
Proposed Plan regarding Water Shortages,
specifically Section 3.5 regarding the Water
Shortages Allocation Proposal. They also shared
comments on the necessity of the City's water study.
9.'Other informational reports, if-any: None.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(8 )
12. COMMUNICATIONS:
1. Code Enforcement concerns: Councilmember Vidak-
Martinez called Council attention to a letter from
Dave Hunt, a local contractor. She indicated that
there are issues pertaining to the City's current
codes, how those codes are enforced, and how they
relate to the City's new policy, namely Nuisance
Abatement. She expressed a desire for the'City to
move forward with clarity regarding sensitive issues
in the neighborhoods. At the suggestion of
Councilmember Vidak- Martinez, Council CONCURRED TO
DIRECT STAFF to report back in October on the
following items: (1) The current enforcement process -
complaints, timeliness, inspections; (2) Staff's
philosophy per implementation of enforcement
standards; and (3) How the public education campaign
will occur. Council noted'that these matters
reflect comments /concerns from the previous Council
meeting, and Councilmember Flores stated that the
issue of basketball hoops on curbs needs to be
revisited.
2. Flood Channel concerns: Councilmember Mackenzie
called Council attention to a letter from J. & B.
Davenport regarding possible flooding in local water
canals. City Manager Leivo discussed his meeting
with Mrs. Davenport about maintenance of the channels,
environmental issues, and jurisdictional problems with
SCWA. He noted that when the Storm Water Drainage
Report is completed, it will allow the City an
opportunity to analyze the creeks and move forward
with solutions.
13. MATTERS FROM /FOR COUNCIL:
1. Schedule of Events and Meetings: Mayor Nordin
reviewed the "Upcoming Events" document, and
Councilmembers confirmed their expected attendance
at certain events /meetings. City Manager Leivo
noted that Assistant City Manager Donley is
expected to be back at work later this week.
2. City Council Agenda Forecast: As provided in the
agenda packet.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(9 )
3. Other informational items, if any:
a. Measure M debate /Other meetings: Councilmember
Mackenzie noted upcoming meetings, including a
debate next Monday in which he will participate in
support of Measure M. He also noted that on
October 5th he will be part of the Pacific Security
Expo.
b. Past Mayors' Pictures: Mayor Nordin expressed a
desire to have pictures of the City's past Mayors
displayed on the Chambers walls. City Manager
Leivo provided an update on staff's efforts to
acquire, frame and clean photos of the past mayors.
Councilmember Vidak- Martinez SUGGESTED staff call
retired City employee Caroline Gabriel as she had
several ideas for this project.
14. CITY MANAGER'S REPORT:
1. Weight Restriction for Through Vehicles - City Council
consideration to direct staff to prepare an
ordinance establishing weight restrictions for through
commercial vehicles: City Manager Leivo shared the
contents of the Staff Report.
Council Discussion /Direction /Action: Council
discussion concluded with CONCURRENCE TO DIRECT
STAFF to prepare an ordinance for future Council
consideration establishing weight restrictions for
through commercial vehicles.
2. Photographer Services: City Manager Leivo reviewed
the contents of the Staff Report. Mr. Eric Goltze
of In Action Photography made brief comments. He
presented a slide show and passed around an album
displaying his photographs. Council discussion
concluded with CONCURRENCE TO DIRECT STAFF to
prepare an agreement with In Action Photography
for Photographer Services.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(10)
3. Wireless Equipment Site Marketing Services: City
Manager Leivo summarized the contents of the Staff
Report. Aaron Levinson, President of Communication
Leasing Services, Inc. (CLSI) DISTRIBUTED AND
REVIEWED a brief Power Point presentation describing
CLSI's services and showing examples of their work.
He responded to Council questions about comparable
competition in this specialized field. Council
CONCURRED TO DIRECT STAFF to prepare an agreement
with Communication Leasing Services, Inc. for
Wireless Equipment Site Marketing Services.
4. Other informational items, if any: None.
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.
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - SEPTEMBER 14, 2004
B. APPROVAL OF BILLS /DEMANDS FOR.PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$2,022,621.79
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$30,419.49
C. ACCEPTING CASH /INVESTMENTS REPORTS FOR FISCAL YEAR
ENDING JUNE 30, 2004 CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
D. RESOLUTIONS FOR ADOPTION:
2004 -251 JOINING THE NATIONAL LEAGUE OF CITIES' COMMITMENT
TO THE AMERICAN DREAM
2004 -252 OBSERVING OCTOBER 4 -9, 2004 AS "FIRE PREVENTION
WEEK"
2004 -253 SUPPORTING THE MONTH OF OCTOBER 2004 AS "BREAST
CANCER AWARENESS MONTH"
2004 -254 SUPPORTING THE MONTH OF OCTOBER 2004 AS "NATIONAL
DOMESTIC VIOLENCE AWARENESS MONTH"
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(ll)
2004 -255 APPROVING INTENTION TO ISSUE TAX- EXEMPT WATER AND
WASTEWATER OBLIGATIONS
2004 -256 ACCEPTING COMPLETION AND DIRECTING THE CITY
ENGINEER TO FILE NOTICE OF COMPLETION FOR BENICIA
PARK BASKETBALL COURT, PROJECT NO. 2003 -09
2004 -257 APPROVAL OF TASK ORDER NO. 2004 -14 WITH WINZLER &
KELLY ENGINEERS FOR ENGINEERING SERVICES FOR SEWER
MAIN PROJECT NO. 2003 -11
2004 -258 APPROVAL OF TASK ORDER NO. 2004 -11 WITH WINZLER &
KELLY ENGINEERS FOR THE DESIGN AND BID PHASE
SERVICES OF THE SEWER INTERCEPTOR /OUTFALL PROJECT
NO. 2003 -11
2004 -259 APPROVAL OF TASK ORDER NO. 2004 -01 WITH HARRIS &
ASSOCIATES FOR FINANCIAL CONSULTING SERVICES FOR
PUBLIC FACILITIES FINANCE PLAN IMPLEMENTATION
Upon MOTION by Councilmember Flores, seconded by
Councilmember Mackenzie, the Consent Calendar, as outlined
in the meeting's agenda, was UNANIMOUSLY APPROVED.
16. PUBLIC COMMENTS:
Members of the public desiring to speak were invited to
come forward.
1. James J. Reilly, III, Sonoma State University ASI, was
recognized and REQUESTED that, if there are meetings
between the City and Sonoma State University faculty /
representatives, SSU Associated Students, Inc. (ASI)
representatives be notified and invited as well. Mayor
Nordin indicated that staff would follow up on that
request.
2. Seamus Seanachaoi, 207 Southwest Boulevard, was
recognized and SUBMITTED a photograph of graffiti
on the Southwest Boulevard Shopping Center regarding
a Councilmember. He asked.that citizens respect
everyone's property in this post- recall election
climate, and he stated that the graffiti did the Council
and the community a disservice. He also reported that
the First Annual Sonoma County Musical Extravaganza
was a.success, and he thanked everyone for their
support.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 28, 2004 Page(12)
ADJOURNMENT:
There being no further business, Mayor Nordin ADJOURNED the
meeting at 8:55 p.m.
Katy Leonard �Gr ry&f. Nordin
Certified Shorthand Reporter Mayor
CSR No. 11599 Cit of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority