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2003/07/22 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY July 22, 2003 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 7:00 p.m. in the Council Chambers, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. CALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Flores CALLED the Regular Session to order at 7:00 p.m. and withheld the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Mackenzie, Spradlin, and Vidak- Martinez; Vice Mayor Nordin; and Mayor Flores Absent: (0) Staff present for all or part of the Work Session: City Manager Leivo, City Attorney Strauss, Director Public Safety Bullard, Senior Planner Bendorff, City Engineer Bertolero, and Recreation Services Manager Miller. ADJOURN TO CLOSED SESSION: Mayor Flores adjourned Council to Closed Session to consider Litigation Matters. RECONVENE FROM CLOSED SESSION: Mayor Flores reconvened Council from Closed Session at 7:45 p.m. and led the pledge of allegiance. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Flores reported that no action would be taken regarding Closed Session matters. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(2 ) 2. PUBLIC COMMENT: Mayor Flores stated that in compliance with State law, The Brown Act, members of the public wishing to make a comment may do so at this time, limited to 3 minutes per appearance, with a 30- minute limit. 1. Jenn Wong, 1701 East Cotati Avenue, No. 2020, ASI representative for Sonoma State University, was recognized and briefed the Council on SSU matters, notably the August 27 fall semester start date, the opening of new housing at SSU, and the 30- percent increase in tuition. The following members of the public were recognized and expressed support /opposition regarding Matricula Consular I.D. cards for Mexican nationals and /or Rohnert Park's proposed ordinance authorizing City employees to accept the MCAS cards as valid personal identification: 1. Steve uossbrink, 1035 Santa Cruz Way: SUPPORT 2. Dorothea Fadala, P.O. Box 1746, R.P.: OPPOSE 3. George Ortiz, 3315 Airway Drive, Santa Rosa: SUPPORT 4. Nathan Acuna, 137 Lincoln, Healdsburg: SUPPORT 5. Renee L. Cohen, 1712 LaCaida Court, Santa Rosa: OPPOSE 6. Elissa Wadleigh, 712 -B Morgan Street, Santa Rosa: OPPOSE 7. Shawn Steiger, 56 Caribe Isle, Novato: OPPOSE 8. Linda Bare: OPPOSE 9. Spencer Hughes, 1410 Neotomas, Santa Rosa: OPPOSE 10. Derek Willhite, P.O. Box 11101, Santa Rosa: OPPOSE 11. Chip Worthington, Rohnert Park: OPPOSE 12. Kay Lopez, 265 Lincoln Avenue, Cotati: SUPPORT 13. Cheryl Campers, 361 Enterprise Drive, R.P.: OPPOSE Highlights of the arguments in support /opposition included the following: *Saves crucial time for police officers Need official Mexican I.D.'s to get the MCAS card *California notaries must accept the MCAS card *Cards pose problems in background investigations *U.S. citizenship should be required to get the card *I.D. would give dignity to large number of farmworkers/ laborers in California *Cards should not be issued to illegal immigrants; it legitimizes criminal behavior *Forefathers had to go to school, learn English, and study U.S. history to become citizens *Issuing cards to only one nationality is discriminatory *More illegal immigrants may take dangerous risks to come here *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(3 ) *Cards can be forged *Borders should be respected *City Council should not be adjudicating law *Important to look at history of California and its close ties with Mexico /history of U.S. and Indian relations as well *Difficulty finding jobs in California; high demand for bilingual individuals 3. ALCOHOL PERMIT AND REGISTRATION PROGRAM - CONSIDERATION OF PROPOSED PROGRAM: 1. Staff Report: City Manager Leivo and Recreation Services Manager Miller shared the contents of the staff report and responded to Council inquiries regarding sporting events and telephone registration. 2. Public Comments: None. 3. Council Discussion /Action: Resolution for Consideration: 2003 -176 APPROVING ALCOHOL PERMIT AND REGISTRATION PROGRAM IN CITY PARKS AND RECREATIONAL FACILITIES Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, and APPROVED 4 -1 with Councilmember Spradlin dissenting, reading was waived and Resolution 2003 -176 was ADOPTED. 4. MATRICULA CONSULAR I.D. CARDS - CONSIDERATION OF WESTERN ALLIANCE OF FARMWORKER ADVOCATES (WAFA) PETITION FOR ACCEPTANCE OF THE " MATRICULA CONSULAR" I.D. CARDS IN THE CITY OF ROHNERT PARK: 1. Staff Report: City Manager Leivo shared the contents of the staff report and referred Council to Congressional materials provided to the Council. 2. Public Comments: Mayor Flores directed staff to respond to audience inquiries about the City's ability to make laws for itself. 3. Council Discussion /Action: Councilmembers shared their perspectives. Highlights included the following: *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(4 ) Councilmember Vidak- Martinez: *Lieutenant Murray's report very thorough *Listens to George Ortiz of WAFA *What is good for the City of Rohnert Park? *Many naturalized citizens do not know much about government /U.S. history *Issue is in front of Rohnert Park due to a vacuum of leadership on the state and federal levels of government *I.D. card is one tool and a simple beginning Councilmember Mackenzie: *Recognizes the importance of the farmworkers in California's agricultural industry Councilmember Spradlin: *Everyone should get proper I.D. *I.D. cards can be made fraudulently *Attorney General's Office leaving acceptance of the card to the comfort level of each jurisdiction *Card does give illegal /legal immigrants special privileges Vice Mayor Nordin: *Took oath to uphold the Constitution *Not enough people are saying it is a good idea Mayor Flores: *Card gives no immunity with the police, the I.R.S., or Immigration & Naturalization Services *Card a viable tool for Public Safety Resolution for Consideration: 2003 -166 AUTHORIZING CITY EMPLOYEES TO ACCEPT MEXICAN MATRICULA CONSULAR DE ALTA SEGURIDAD CARDS AS VALID PERSONAL IDENTIFICATION, AND ENCOURAGING OTHER PUBLIC AND PRIVATE ENTITIES TO DO THE SAME Upon MOTION by Councilmember, seconded by Councilmember Vidak- Martinez, and APPROVED 3 -2 with Councilmember Spradlin and Vice Mayor Nordin dissenting, reading was waived and Resolution 2003 -166 was ADOPTED. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(5 ) 5. FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM FOR 2003 -2008 - CONSIDERATION OF ADOPTION AND APPROVAL OF PROJECTS FOR FY 2003 -04: 1. Staff Report: Senior Planner Bendorff shared the contents of the Staff Report and responded to Council questions about the status of the ceilings and the kitchen at Burton Avenue Recreation Center. 2. Public Comments: None. 3. Council Discussion /Action: At the suggestion of Councilmember Mackenzie, Council CONCURRED TO DIRECT STAFF to contact the Skateboard Coalition and request their presence at the August 22nd Council meeting to review their status. Resolution for Consideration: 2003 -167 ADOPTING THE FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM FOR 2003 -2008 AND APPROVING PROJECTS FOR FY 2003 -04 Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2003 -167 was ADOPTED with the understanding that the Skateboard Coalition would be contacted and requested to attend the August 22, 2003, Council meeting to review their status. 6. ENGINEERING REPORTS - PRESENTATIONS BY TONI BERTOLERO, CITY ENGINEER: 1. Traffic - Calming Plan: City Engineer Bertolero DISTRIBUTED AND REVIEWED a packet entitled, "Traffic- Calming Measures" in a slide show presentation. Council Discussion /Direction: Councilmember Mackenzie requested consideration of measures in all neighborhoods throughout the City. Councilmember Vidak- Martinez suggested (1) that C -CORP, a neighborhood group, get a copy of the handout this evening, and (2) that C -CORP serve as a pilot group for the City. Mayor Flores suggested (1) that two C -CORP projects get completed before the rainy season - some type of crosswalk or traffic cushion at Adrian and Bruce and pedestrian and "Children -At- Play" signs at Burton Mini Park; and (2) that staff look at traffic measures for Daniel Drive and.Lancaster Drive. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(6 ) With Council CONCURRENCE, Mayor Flores DIRECTED STAFF to prepare a citywide comprehensive list with a concept design of project based on available funds for Council consideration in September, with the idea of rapidly implementing as many projects as possible before the rainy season. 2. Citywide Pavement Management Program: City Engineer Bertolero summarized the contents of the Staff Report. Council Discussion /Action - Motion to Receive and File: Upon MOTION by Councilmember Vidak- Martinez, seconded by Vice Mayor Nordin, a motion to follow the City Engineer's recommendation to Receive and File the Pavement Management Program Update was UNANIMOUSLY APPROVED. 3. NPDES Phase II Storm Water Program: City Engineer Bertolero shared the contents of the Staff Report. Council Discussion /Action: City Engineer Bertolero responded to Council inquiries /comments regarding Public Education and Outreach, the issues of reduced flow of nutrients, sedimentation, and temperature in Rohnert Park's storm water runoff, and the possibility of dredging. Resolution for Adoption: 2003 -168 APPROVING THE NPDES PHASE II STORM WATER MANAGEMENT PLAN Upon MOTION by Councilmember Vidak - Martinez, seconded by Vice Mayor Nordin, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2003 -168 was ADOPTED. 7. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Sonoma County Transportation Authority (SCTA), July 14, 2003, meeting: Councilmember Mackenzie briefly discussed the State budget's effects on future construction projects, noting a minimum one -year delay. He noted the Rohnert Park Expressway Park & Ride project will not go out to bid on August 4. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(7 ) 2. Water Issues Subcommittee, July 15, 2003, meeting: Councilmember Mackenzie and Mayor Flores reported on the following items: (1) Negotiation discussions continue with Water Advisory Committee; (2) Russian River Watershed Association work continues on work plan and budget; Association will be requesting contributions from cities to help support their work; (3) Update on efforts to obtain Proposition 50 bond monies; (4) Santa Rosa Plain Groundwater Study to provide helpful baseline data; (5) Update on Commercial Water Meter Project and SCADA (Telemetry System) Project. 3. Sonoma County Tourism Council, July 16, 2003, meeting: Councilmember Vidak- Martinez reported on the following items: (1) Refers Council to Sonoma County Tourism Program's Annual Statistics report; (2) Tourism Program interested in development of Sonoma County Airport bringing in Horizon Air; (3) Sonoma County Lodging Association looking at doing a business improvement assessment; City Manager Leivo reports on his meeting with Bill Comstock, President of the Doubletree Hotel, re interest in a two - percent assessment on lodging. 4. Sonoma County Waste Management Agency, July 16, 2003, meeting: Councilmember Mackenzie reported on the following matters: (1) Integrated Waste Management Plan EIR process underway; (2) Ken Wells to set up meeting with Garbage Subcommittee this fall; report to Council on waste management issues this fall. 5. Economic Development Subcommittee, July 18, 2003, meeting: Councilmember Vidak- Martinez and Mayor Flores reported on their review of the Administrative Draft of the Economic Development Plan. They noted that there was a request for more clarification of ideas and development of local issues, plus staff recommendations, and they commented on the following items in the Draft: Interest in renaming Rohnert Park Expressway to Rohnert Park Boulevard; Interest in partnership with Sonoma State University /meeting this fall with President Arminana and administrative cabinet; Interest in redesigning Performing Arts Center campus; Interest in indoor pool at Sports Center. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(8 ) 6. U.S. Fish & Wildlife Services (USFWS) Public Hearing on the proposal to downgrade the Sonoma County California tiger salamander to threatened status, Flamingo Resort Hotel & Conference Center, 2777 Fourth Street, Santa Rosa, California, Tuesday, July 29, 2003, two sessions - 1:00 to 3:00 p.m. and 6:00 to 8:00 p.m.: City Manager Leivo gave a brief overview of the Staff Report and requested that Councilmembers attend one of the Public Hearings. Council Discussion /Action: Mayor Flores suggested that letters be sent to the U.S. Fish & Wildlife Services, requesting that they go forward with the downgrading of the tiger salamander from endangered species to threatened species. Councilmember Spradlin indicated that she may be able to attend the evening Public Hearing with City Manager Leivo, and Mayor Flores DIRECTED the Councilmembers to inform City Manager Leivo if they can attend a Public Hearing as well. 7. National League of Cities 11th Annual Leadership Training Institute, Doubletree Hotel in Rohnert Park, Thursday, August 21, 2003, through Saturday, August 23, 2003, Note - No registrations will be accepted after August 4th or earlier when maximum retreat size is reached: Mayor Flores announced that Councilmembers Vidak- Martinez and Mackenzie and Vice Mayor Nordin are registered to attend the leadership - training meeting. He noted that he would be out of the state at said time. With the CONCURRENCE of Vice Mayor Nordin, Mayor Flores requested that Councilmember Vidak- Martinez provide the greeting and welcome address as she has worked hard to bring the meeting to Rohnert Park. Councilmember Vidak- Martinez accepted the request and indicated that she had already been asked to do so. 8. League of California Cities' 2003 Annual Conference, Sacramento, Sunday, September 7, 2003, through Wednesday, September 10, 2003 - Registration of Councilmembers by August 8: INFORMATIONAL PURPOSES. Council consideration for designation of Voting Delegate and Alternate for representation at the Annual Business Meeting, 10:00 a.m., Wednesday, September 10, 2003: Council CONCURRED to appoint Mayor Flores as the Voting Delegate. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(9 ) Council Discussion /Action: Councilmember Mackenzie indicated that he would be out of state until September 9, the next Council meeting and a holiday, Admission Day. Council CONCURRED to consider changing its September meeting date at the next Council meeting on August 12, 2003. 9. Other, if any; Parks and Recreation Commission: Councilmember Mackenzie referred to City Manager Leivo's discussions with the Parks & Recreation Commission the other evening, and he requested a brief report on said discussions. Mayor Flores noted that Public Works Manager Stephens requested an informal meeting with the Council to discuss Council direction on certain Parks & Recreation matters. 8. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. Vice Mayor Nordin indicated that he will be out of state for the August 12, 2003, Council meeting. City Manager Leivo noted that Councilmember Vidak- Martinez will not be present either. City Manager Leivo asked to confirm which Councilmembers would be attending Rohnert Park Day, Wednesday, July 23, at the Sonoma County Fair. Mayor Flores, Vice Mayor Nordin, and Councilmember Spradlin indicated that they would be attending. 9. MATTERS FROM /FOR COUNCIL: 1. Local Campaign Reform Proposals: Councilmember Vidak- Martinez referred to her document in the agenda packet, and at her request, Council CONCURRED TO AGENDIZE consideration of Local Campaign Reform for the August 26, 2003, Council meeting. Councilmember Mackenzie DISTRIBUTED two documents covering his past efforts at local campaign reform. Councilmember Spradlin noted that she will not be present at the August 26, 2003, Council meeting. 2. Other informational items, if any: None. Vice Mayor Nordin left the Council chambers at 10:25 p.m. 10. CITY MANAGER'S REPORT: *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(10) 1. Proposal that Rohnert Park issue Letters of No Effect for California Tiger Salamander: City Manager Leivo reviewed the contents of the Staff Report, and City Attorney Strauss shared comments on the matter. Vice Mayor Nordin returned to the Council chambers at 10:29 p.m. Council CONCURRED TO AGENDIZE consideration of the City's issuance of a Letter of No Effect for the Kisco project for the next Council meeting on August 12, 2003. Councilmember Mackenzie cautioned that this is a serious matter, and Mayor Flores noted that Council will have a report from City Attorney Strauss. 2. Other informational items, if any: None. 11. CONSENT CALENDAR: Mayor Flores 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 Flores signified removal of the Concurrent Meetings Minutes for July 8, 2003, per his recommendation. B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $1,776,183.78 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $4,554.89 C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END, MARCH 31, 2003, CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY D. RESOLUTIONS FOR ADOPTION: 2003 -169 WELCOMING THE NATIONAL LEAGUE OF CITIES' 11TH ANNUAL LEADERSHIP SUMMIT TO BE HELD AUGUST 21 -23, 2003, AT THE DOUBLETREE HOTEL IN ROHNERT PARK 2003 -170 PROCLAIMING AUGUST 10 -16, 2003, AS "CALIFORNIA JUNIOR MISS WEEK" 2003 -171 AWARDING THE CONTRACT FOR GENERATOR MAINTENANCE TO LEETE GENERATORS 2003 -172 AWARDING THE CONTRACT FOR GOLIS PARK DOG FENCE TO ABLE FENCE COMPANY *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(11) 2003 -173 AUTHORIZING AND APPROVING AN AGREEMENT WITH RESTORATIVE RESOURCES FOR FAMILY GROUP CONFERENCES FOR YOUTH WHO OFFEND 2003 -174 APPROVING, AUTHORIZING AND ACCEPTING INGRESS/ EGRESS ACCESS FOR EASEMENT FOR THE WINE /VISITOR CENTER SALE, 5000 ROBERTS LAKE ROAD (PORTION OF APN 160 - 010 -024 & 027) 2003 -175 APPROVAL OF PLANS AND CALLING FOR SEALED PROPOSALS FOR COMMERCE BOULEVARD BIKE PATH, PROJECT NO. 2000 -08 E. ORDINANCES FOR ADOPTION: No. 700 APPROVING A DEVELOPMENT AGREEMENT FOR AN INDEPENDENT LIVING SENIOR RESIDENTIAL COMMUNITY PROJECT ON PROPERTY LOCATED ON THE NORTHERLY SIDE OF ROHNERT PARK EXPRESSWAY, EAST OF SNYDER LANE, AND SOUTH OF MEDICAL CENTER DRIVE No. 701 APPROVING A DEVELOPMENT AGREEMENT FOR AN ASSISTED LIVING FACILITY AND A MEDICAL OFFICE BUILDING ON PROPERTY LOCATED ON THE NORTHERLY SIDE OF ROHNERT PARK EXPRESSWAY, EAST OF SNYDER LANE, AND SOUTH OF MEDICAL CENTER DRIVE Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, a motion to approve the Consent Calendar, with the exception of the Concurrent Meetings Minutes of July 8, 2003, was UNANIMOUSLY APPROVED. Item to Consider: A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - JULY 8, 2003 Mayor Flores indicated that he would be abstaining from the vote as he was not present at said Council meeting. Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, a motion to approve the Regular Concurrent City Meetings Minutes for July 8, 2003 was APPROVED 4 -1 with Mayor Flores abstaining. 12. PUBLIC COMMENT: No members of the public present. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 22, 2003 Page(12) ADJOURNMENT: There being no further business, Mayor Flores ADJOURNED the meeting at approximately 10:35 p.m. a4 C aty Leonard Certified Shorthand Reporter CSR No. 11599 Armando Flores Mayor City of Rohnert Park *City Council /Community Development Commission