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2003/11/12 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY November 12, 2003 Wednesday 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 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 6:00 p.m. and led the pledge of allegiance. ROLL CALL: Present: (3) Councilmember Spradlin; Vice Mayor Nordin; and Mayor Flores Absent: (0) None Late: (2) Councilmember Mackenzie, 6:10 p.m.; Councilmember Vidak- Martinez, 7:13 p.m. Mayor Flores noted that Councilmembers Mackenzie and Vidak- Martinez would arrive late for the meeting. Staff present for all or part of the Regular Session: City Manager Leivo, City Attorney Strauss, Assistant City Manager Donley, and Civil Engineer Jenkins. ADJOURN TO CLOSED SESSION TO CONSIDER: Mayor Flores adjourned Council to Closed Session at 6:02 p.m. to consider: Personnel Matters 1. Performance Evaluation: City Manager 2. Annual Performance Evaluation: City Attorney Real Estate Negotiations Potential purchase of property *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(2 ) REGULAR SESSION: Mayor Flores reconvened Regular Session at 6:30 p.m. and led the pledge of allegiance. ANNOUNCEMENT: Mayor Flores called attention to the November 2nd celebration at the Cotati Veterans' Building, honoring Andrew Bulleri for achieving the status of Eagle Scout in the Boy Scouts. The Mayor also called forward Patrick Kaley- Butler, another new Eagle Scout, and his parents Kim and Bill, to present Patrick with a proclamation congratulating him for his achievement. Mayor Flores noted that Patrick will be installed as Eagle Scout in a Court of Honor held November 22nd at the Veterans' Hall in Cotati. Patrick shared brief comments. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Flores reported that formal Performance Evaluations for the City Manager and City Attorney will be done at the first meeting in January, 2004. He also noted that real estate matters were not discussed. 2. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Inc., Jennifer Wong, Vice President, Legislative Representative: Highlights of Ms. Wong's report included updates on the Board of Trustees vote on budget revisions, the two SSU racehorses, and Hip Hop Awareness Month activities; announcement for Hunger & Homeless Awareness Week, November 17 -21. Mayor Flores noted that he will report at the Academic Senate next Thursday, November 20. 3. 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 -5 minutes per appearance and a 30- minute total time limit. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(3 ) 1. Bonnie Black, 1065 Hawthorne, was recognized and asked that Council and staff reconsider any intentions to eliminate the off -leash dog times at Golis Park. She reviewed Council minutes regarding the creation of the off -leash times at Golis Park, and she outlined the numerous ways the Best Friends Canine Club (BFCC) has been an asset to G Park. Ms. Black SUBMITTED her comments and the BFCC roster and new member packet for Council review. Councilmember Mackenzie noted that he would be bringing up the status of the Dog Park at Golis Park under "Matters from /for Council." 2. Anita Felton, Rohnert Park, was recognized and stated that a flier recently sent to residents of Rohnert Park regarding Councilmember Mackenzie and the casino should be openly addressed by City staff. She added that no member of the community should be treated in such a manner. At this time, Councilmember Mackenzie SUBMITTED a copy of his fingerprint to City Attorney Strauss, and he DISTRIBUTED AND READ a letter addressed to City Attorney Strauss regarding a request for counsel advice per the flier and demanding a retraction of the flier by former Mayor Jack Buchanan. Said letter is ATTACHED TO THE ORIGINAL SET OF MINUTES. Mayor Flores reminded Councilmember Mackenzie that he could state his case at the appropriate time on the agenda. 3. Lawrence Watts, 1345 Southwest Boulevard, No. F, was recognized and called attention to the rejection of his claim against the City in regard to an accident he had on East Cotati Avenue near Bodway in which poorly placed reflector poles caused him to hit a concrete median. He asked that the City and its contractors make a better effort to denote construction sites around approaches to concrete medians. Mayor Flores and City Manager Leivo briefly commented on the claims process. 4. Lawrence F. Esparza, 44 Verde Circle, was recognized and held up various articles and fliers, noting that the fight against the casino will continue. He implored the people /organizations who support the casino to think about the casino's impact on all of the families in Rohnert Park. 5. Suzanne Lawrence, 1416 Gold Way, was recognized and expressed her support for the Best Friends Canine Club to stay at Golis Park, noting that members of the club are also stewards of Golis Park. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(4 ) 6. Loy Rayos, 4759 Fairway Drive, was recognized and urged Council to request a percentage from the casino's gross in the MOU with the Graton Rancheria. 4. WASTE MANAGEMENT ITEMS: 1. Presentation by Ken Wells, Integrated Waste Manager: Mr. Wells shared the contents of the Staff Report. 2. Recommendations of the Garbage Subcommittee: Councilmembers Spradlin and Mackenzie discussed the Subcommittee's recommendation to approve the two resolutions and to encourage the Mayor of Petaluma to approve a Joint Powers Agency to deal with waste management issues. Councilmember Mackenzie recommended re- naming the Garbage Subcommittee the Solid Waste Management Subcommittee. Councilmember Vidak- Martinez arrived at 7:13 p.m. 3. Staff /City Attorney comments, if any: City Manager Leivo shared brief comments. 4. Public Comments: None. 5. Council Discussion /Action: Resolutions for Adoption: 2003 -263 APPROVING AND ADOPTING THE SONOMA COUNTY INTEGRATED WASTE MANAGEMENT PLAN Upon MOTION by Councilmember Spradlin, seconded by Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2003 -263 was ADOPTED. 2003 -264 APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITIES OF SONOMA COUNTY AND SONOMA COUNTY FOR A JOINT POWERS AGENCY TO DEAL WITH WASTE MANAGEMENT ISSUES Upon MOTION by Councilmember Spradlin, seconded by Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2003 -264 was ADOPTED with DIRECTIONS TO STAFF to send a copy of approved Resolution 2003 -264 to the City of Petaluma. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(5 ) 6. Presentation by Connie Cloak, C2 Alternative Services - Update on Multifamily and Commercial Recycling Education: Ms. Cloak shared comments on the success of local recycling education, and she introduced a new member of C2 Alternative Services, U.C. Berkeley graduate Alexis Petru. Councilmember Mackenzie thanked Ms. Cloak for C21s recent presentation to Rohnert Park A.M. 5. TRANSPORTATION ITEMS: 1. Sonoma County Transportation Authority (SCTA), November 3, 2003, meeting: Councilmember Mackenzie reported on the following matters: (1) Major presentation on the Wilfred Interchange design alternatives; California's new governor and transportation issues; workshop on Metropolitan Transportation Commission (MTC) Transportation Plan 2030; MTC to consider each jurisdiction's recommendations at December 8 meeting in terms of establishing general direction for their planning efforts; and REQUEST FOR COUNCIL INPUT on Director Healy's letter for the December 8 meeting. 2. Wilfred Avenue /Golf Course Drive Interchange Design - Consideration of Highway 101 High- Occupancy Vehicle (HOV) Project, Rohnert Park Expressway to Santa Rosa Avenue alternatives - Includes reconfiguring the Wilfred Avenue Interchange: a. Presentation by Caltrans (California Department of Transportation): Rodney Noda, Project Engineer for Caltrans, and Rey B. Centeno, Regional Project Manager for Caltrans, shared the contents of the Staff Report. Councilmember Mackenzie noted that Sonoma -Marin Area Rail Transit's (SMART) Railroad Siting staff would like to make a presentation to the Council at the next Council meeting. b. Staff Report - Review and consideration of alternatives: City Manager Leivo commented on the Staff Report and shared staff's recommendation of Alternative 2 -B. c. Public Comments: Mayor Flores called forward members of the public interested in speaking on this matter. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(6 ) 1. Chris Krier,_ Santa Rosa, was recognized and asked about accommodations for bicyclists in the Wilfred Interchange designs. Caltrans staff and Councilmember Mackenzie responded. Council Discussion /Direction: Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, a motion approve staff's recommendation of Alternative 2 -B as outlined in the Staff Report was UNANIMOUSLY APPROVED. d. Staff Report on Funding Prioritization - Consideration of response to SCTA Director Mike Healy letter requesting the Authority to re- examine the priority of and funding for the Wilfred Interchange Project: City Manager Leivo and Mayor Flores summarized the contents of the Staff Report. e. Public Comments: None. Council Discussion /Action: Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, a motion to send the draft letter opposing Director Healy's proposed de- funding of the Wilfred Interchange project, and as outlined in the Staff Report, under the Mayor's signature, was UNANIMOUSLY APPROVED. Mayor Flores added that he will speak to Petaluma Councilmember and SCTA Chairman Healy at tomorrow's Mayors' and Councilmembers' Association meeting regarding this matter. 3. Metropolitan Transportation Commission (MTC) Transportation Plan 2030, Updating the Regional Transportation Plan (RTP): a. Staff Report: City Manager Leivo and Councilmember Mackenzie shared the contents of the Staff Report. b. Public Comments: None. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(7 ) Council Discussion /Direction: Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, a motion to support the City Manager's recommendation of a three - pronged approach (transit, road habilitation, and local - discretion projects) to transportation funding was UNANIMOUSLY APPROVED. Councilmember Mackenzie requested that City Manager Leivo attend the December 8 meeting of MTC. Mayor Flores DIRECTED the City Manager to make a written presentation of his recommendations. ANNOUNCEMENT: Mayor Flores acknowledged the Boy Scouts in the audience who are working on their government merit badges. He asked them to share any comments, and he expressed the Council's willingness to help them in their efforts. 6. COMMISSION /COMMITTEE /BOARD APPOINTMENTS: 1. Mobile Home Parks Rent Appeals Board - Consideration of appointment for vacancy of two -year term to expire December 31, 2004: Council action to fill vacancy due to resignation of Laurie Heanue on October 28, 2003: Upon MOTION by Mayor Flores, seconded by Councilmember Vidak- Martinez, a motion to appoint Len Carlson to the Mobile Home Parks Rent Appeals Board as Mayor Flores' recommendation for a two -year term to expire December 31, 2004, was UNANIMOUSLY APPROVED. 2. Senior Citizens Advisory Commission - Consideration of accepting resignation from Commissioner with a two -year term to expire December 31, 2004: Council action accepting resignation from Ann Kennedy: Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Spradlin, a motion to accept the resignation of Ann Kennedy from the Senior Citizens' Advisory Commission and to advertise said vacancy was UNANIMOUSLY APPROVED. 3. Council review of terms to expire December 31, 2003, and consideration of sending letter to current members inquiring about interest in being re- appointed: *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(8 ) Council Discussion /Direction: Council CONCURRED TO DIRECT STAFF to send letters to current Commission/ Committee /Board members, inquiring about interest in being re- appointed. 7. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Water Advisory Committee (WAC), November 3, 2003, meeting: Mayor Flores shared comments on the impairment issue and the MOU. City Manager Leivo and Councilmember Mackenzie discussed the groundwater basin studies underway. 2. Other informational reports, if any: None. 8. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. No communications were discussed. 9. MATTERS FROM /FOR COUNCIL: 1. Schedule for Selection of 2004 Officers: Mayor Flores indicated that he will schedule the selection of Mayor and Vice Mayor at the next Council meeting on November 25, 2003. 2. Council Policies on travel, cell phones, telephone calling cards: Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, a motion to AGENDIZE the matter of Council policies on travel, cell phones, and telephone calling cards for the Council meeting of November 25, 2003, was UNANIMOUSLY APPROVED. 3. Policy on Rotation of Mayor: A MOTION was made by Councilmember Mackenzie to agendize consideration of the policy on rotation of the mayor for the November 25, 2003, Council meeting. Said motion DIED FOR LACK OF A SECOND. Mayor Flores DIRECTED City Manager Leivo to provide Councilmembers with a copy of the resolution regarding rotation of the mayor. 4. Naming Joseph D. Netter as Honorary Citizen: A MOTION was made by Councilmember Mackenzie to honor Joseph D. Netter as an Honorary Citizen. Said motion DIED FOR LACK OF A SECOND. Mayor Flores indicated that he would speak to Mr. Netter himself. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(9 ) 5. Rohnert Park Disposal performance: Councilmember Mackenzie discussed two ongoing problems his household has had with Rohnert Park Disposal: (1) The timing of pick -ups in his neighborhood; (2) Replacement of broken /defective recycling bins. City Manager Leivo recommended working directly with RP Disposal customer services, and then, if the matter is not resolved, contacting Assistant City Manager Donley or Finance Director Lipitz. Mayor Flores called forward Rick Powell, President of RP Disposal. Rick Powell, President of RP Disposal, was recognized and recommended that Councilmember Mackenzie contact him directly if customer service cannot resolve the issues. He also noted that he has regular meetings with City Manager Leivo, and Councilmember Mackenzie requested that the following two matters be considered at the next regular meeting: (1) Ending the operators' collection line on Gladstone Way; (2) Full replacement of bins with no lids. 6. Request support for resolutions by cities for federal legislation amending the Restoration Act of Federated Indians of Graton Rancheria being considered at November 13, 2003, Mayors' & Councilmembers' General meeting: Councilmember Mackenzie stated that he will be at tomorrow's Mayors' & Councilmembers' General meeting and that he will continue his involvement in supporting the resolutions calling for federal legislation amending the Restoration Act of the Federated Indians of Graton Rancheria. He noted that the City is precluded from voting on any such resolutions due to the MOU it entered into with the Graton Rancheria. 7. Status of Dog Park at Golis Park in relationship to Dog Park at Roberts Lake Road: Councilmember Mackenzie expressed concern that the Golis Park Dog Park might be eliminated. City Manager Leivo stated that there has been a misunderstanding and that the Dog Park at Golis Park will remain there. He also noted that Assistant City Manager Donley is in charge of dog park matters. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(10) 8. Other informational items, if any: a. Flier about Councilmember Mackenzie and the casino: Councilmember Vidak- Martinez responded to the flier about Councilmember Mackenzie's involvement in bringing the casino to Rohnert Park and his subsequent letter to the City Attorney by indicating that she found the message of the flier to be accurate. She commented (1) on the intense pressure she and other Councilmembers have been under throughout the course of the casino meetings, and (2) on Councilmember Mackenzie's reaction when he was not selected to be on the subcommittee that negotiated with the Tribe, as well as his subsequent actions. Councilmember Mackenzie clarified his original suggestion to locate a casino in Rohnert Park, and he stated that he will continue to oppose the process that led to the MOU with the Graton Rancheria Tribe. b. Memorial for Steve Rucker, Novato firefighter: Vice Mayor Nordin indicated that he participated in the memorial for the fallen firefighter who died fighting the fires in Southern California. He expressed his gratitude at seeing four Rohnert Park Public Safety Officers representing the City. 10. CITY MANAGER'S REPORT: 1. Rotary Centennial Project Report (Rohnert Park Expressway Median Landscaping Project): City Manager Leivo gave an oral report on the project, and he indicated Councilmembers can volunteer to help with said project by contacting Becky Rishe at the Rotary Club. ANNOUNCEMENT: Councilmember Mackenzie announced a workshop on transportation at Sonoma State University this Saturday, November 15, 2003, from 9:00 till 4:30. Topics include increasing ridership on public transportation, public policy issues, and alternative transportation vehicles. 2. Animal Shelter Renovations - Consideration of cost increase: City Manager Leivo shared the contents of the Staff Report. Council Discussion /Action: Council CONCURRED with the Staff Report. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(11) 3. 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. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - OCTOBER 28, 2003 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $1,335,180.76 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $58,181.74 C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END, JULY 31, 2003, CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY D. RESOLUTIONS FOR ADOPTION: 2003 -265 INCREASING PAYMENT FOR SPAY /NEUTER SERVICES 2003 -266 CALLING FOR SEALED PROPOSALS FOR TINTING WINDOWS AT PUBLIC SAFETY BUILDING 2003 -267 CALLING FOR SEALED PROPOSALS FOR WATER - MONITORING SERVICES 2003 -268 RATIFICATION OF TASK ORDER NO. 2003 -13 WITH WINZLER & KELLY ENGINEERS FOR THE DESIGN OF THE BENICIA POOL FILTER REPLACEMENT PROJECT NO. 2003 -08 2003 -269 CALLING FOR SEALED PROPOSALS FOR BENICIA POOL FILTER REPLACEMENT PROJECT NO. 2003 -08 2003 -270 APPROVAL OF AMENDMENT NO. 1 TO TASK ORDER NO. 2003 -03 WITH WINZLER & KELLY ENGINEERS FOR THE PROJECT MANAGEMENT AND OVERSIGHT OF CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP) 2003 -271 APPROVAL OF TASK ORDER NO. 2003 -12 WITH WINZLER & KELLY ENGINEERS FOR CONSTRUCTION MANAGEMENT SERVICES, BURTON AVENUE RECREATION BUILDING IMPROVEMENTS, PROJECT NO. 2002 -02 *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(12) 2003 -272 AWARD OF CONTRACT TO VANGUARD CONSTRUCTION, SIDEWALK ACCESS RAMPS, PHASE III, PROJECT NO. 2003 -06 2003 -273 RATIFYING AN AGREEMENT FOR SERVICES WITH WHITLOCK & WEINBERGER TRANSPORTATION, INC., FOR THE PREPARATION OF A PARKING STUDY FOR THE PACIFIC THEATERS CENTER 2003 -274 AUTHORIZING AND APPROVING AN AGREEMENT WITH DON DAVIS, DDS, FOR PROFESSIONAL SERVICES PERTAINING TO THE CITY OF ROHNERT PARK'S SELF - INSURED DENTAL PLAN 2003 -275 UPDATING CERTAIN JOB SPECIFICATIONS AND CHANGING THE UNIT DESIGNATION FOR TWO POSITION CLASSIFICATIONS 2003 -276 AUTHORIZING THE CREATION OF THE POSITION OF CITY CLERK AS STIPULATED IN ORDINANCE NO. 705 2003 -277 REJECTING THE CLAIM OF LAWRENCE P. WATTS (RE AUTO DAMAGE FROM ALLEGED IMPROPERLY MARKED CONSTRUCTION SITE) E. ORDINANCES FOR ADOPTION: NO. 706 REZONING ONE (1) PARCEL TOTALLING .35 ACRE LOCATED ON THE NORTHERLY SIDE OF SANTA DOROTEA CIRCLE BETWEEN DORIAN DRIVE AND DAVIS CIRCLE AND MORE PRECISELY KNOWN AS ASSESSOR'S PARCEL NUMBER 143- 640 -001 FROM PUBLIC INSTITUTIONAL DISTRICT (P -1) TO LOW - DENSITY RESIDENTIAL DISTRICT (R -L) NO. 707 REZONING ONE (1) PARCEL TOTALLING .57 ACRE LOCATED AT 6750 COMMERCE BOULEVARD AND MORE PRECISELY KNOWN AS ASSESSOR'S PARCEL NUMBER 143- 380 -014 FROM PUBLIC INSTITUTIONAL DISTRICT (P -1) TO HIGH - DENSITY RESIDENTIAL DISTRICT (R -H) F. APPROVING THE APPOINTMENT OF BETH LIDSTER AS DEPUTY CITY CLERK: NOTICE ATTACHED TO ORIGINAL SET OF MINUTES G. COMMUNITY DEVELOPMENT COMMISSION MATTER: CDC RESOLUTION FOR ADOPTION: 2003 -18 APPROVING FOURTH AMENDMENT TO AGREEMENT WITH THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION FOR OWNER- OCCUPIED HOUSING REHABILITATION PROGRAM *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES November 12, 2003 Page(13) Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, the Consent Calendar, as outlined in the meeting's agenda, was UNANIMOUSLY APPROVED. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 12. PUBLIC COMMENT: Members of the public desiring to speak were invited to come forward. 1. Chip Worthington, 4695 Snyder Lane, was recognized and discussed his Freedom of Information Act records request of the City for all documents regarding the casino and particularly records of negotiations with the Federated Indians of the Graton Rancheria. He spoke about his work with four anti - casino groups, and he asked the Council to allow the referendum per the MOU to happen. He also asked the Councilmembers to reconsider their perceptions of the future of the City, and he pledged to raise legal fees, if necessary, to continue fighting the casino. Mayor Flores indicated that casino documents available to the Council will be provided to Mr. Worthington. City Manager Leivo stated that all casino materials have been provided to Mr. Worthington. Councilmember Mackenzie commented that the MOU should have been debated section by section. ADJOURNMENT: There being no further business, Mayor Flores ADJOURNED the meeting at approximately 9:21 p.m. -ran Kat Le nard Certified Shorthand Reporter CSR No. 11599 4?� �4z _I�C/ Armando Flores Mayor City of Rohnert Park *City Council /Community Development Commission/ Rohnert Park Financing Authority 4)10, -/0 Wednesday, November 12, 2003 Subject : Opinion on Political Hit Piece Received Thursday November 6"', 2003 Memo to City Attorney Strauss 1 Ms Strauss, Last week on the above date I received the attached flier from former Mayor Jack Buchanan. This piece has been sent to all residents of this city as far as I can ascertain. ✓ r ' I believe this represents a blatant effort on the part of someone who has contributed to campaigns of at least two sitting councilmembers , to influence the process now under way in this city to recall 4 councilmembers. Given this circumstance and the direct attack represented by this mailer, I am asking you as city attorney to advise me as to my recourse under law to the deliberate alteration of a public document, to wit, the email on page 2 of this flyer. At the bottom of the page my normal AOL signature block has been erased and a fake block substituted in which I am identified as Jack and the RP zip code is wrongly given as 94926. Also the font has been changed. I also would like to know about the reportability under law of this expenditure clearly more than $1000 and clearly associated with the possible recall of 4 councilmembers. In addition I am demanding , by copy of this memo , a retraction of this flyer by Buchanan and a mailed retraction to each resident who received this piece. Many citizens have told me they regard the blatant publicizing of our address and phone # a violation, in their minds, of appropriate behaviour at the very least. The fact that it was deliberately interfered with raise grave suspicions in my mind as the character of at least our former mayor and of the councilmembers he so obviously favours . It was mailed , I believe, to coincide with the belated approval of recall signature petitions by our City Manager, Carl Leivo. I look forward to a speedy respon Sincere y , Jake M ckenzie ormer ayor Jack chanan e -mail from j-aKC From: Blumacjazz @aolcom Sent: Thursday, June 12, 2003 10:23 AM To: F41V( lHome suggested lands in NW behind Depot. I would also suggest discussions with Redwood Equities.., Home office: Jack Mackenzie, Rohnert Park City Council Home email: Barbara Mackenzie 1536 Gladstone Way, Rohnert Park, CA 94926 Phone # 707 -584 -1195 Fax # 707 -584 -2338 Submitted by: Paul Stutrud Bmail Address: copp"fst @Onemain.com Address: PO. Box 2205 City: Robnert Park ,al - I 5 June hi "Jha' <� r! ess Democrat. Aug 21 ck Buchanan, Former Mayor, Rohnert Park 0. Box 1040 thnert Park. CA 94927 I j 41 1.3 f G U (j.j W'S"I'DENT RO inert: Fli r, k: ('f--4 i H -ddl STANDARD Presort US Postage Paid #76 North Bay CA RECEIVED NOV 0 6 2003 I GvTY OF NERTPARK The FACTS Proving - - Jake Mackenzie is responsi ble for -� bringing the Indian Casino to Rohnert Par IT DATE: November 12, 2003 NOTICE OF APPOINTMENT AS DEPUTY CITY CLERK for the City of Rohnert Park Notice is hereby given that Beth Lidster is appointed Deputy City Clerk effective November 13 2003 . This appointment shall continue until canceled by the City Manager/ City Clerk or the City Council and is for the purpose of administrative duties in the Office of the City Manager/ City Clerk, including designated duties in the absence of the City Manager /City Clerk; issuing nomination papers and other election related activities. Carl Eric Leivo, City Manager (Date) Attach Original to 11/12/03 City Council Minutes cc: Human Resources City's Policy Binder: Ciiy Manager 410.6 Council Agenda Chron JH- H:111203 Beth Lidster Notice of Appointment as Deputy City Clerk A I- • • STATE OF CALIFORNIA I SS: FOR THE OFFICE OF DEPUTY CITY CLERK City ®f R®hnert Park I, Beth Lidster , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. (Signature) Subscribed and sworn to before me this - -- -day of 2003 (Signature) Carl Eric Leivo City Manager/City Clerk (Name /Title) Attach Original to 11/12/03 City Council Minutes cc: Human Resources City's Policy Binder: Cie Manager 410.6 Council Agenda Chron fH- H:111203 Beth Lidster Oath of Ounce for Deputv Citv Clerk