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2004/02/10 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY February 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 Council Chambers, 6750 Commerce Boulevard, Rohnert Park, with Mayor Nordin presiding. CALL TO ORDER: Mayor Nordin CALLED the Regular Session to order at 6:02 p.m. ROLL CALL: Present: (4) Councilmembers Flores and Mackenzie; Vice Mayor Spradlin; and Mayor Nordin Absent: (1) Councilmember Vidak- Martinez Mayor Nordin noted that Councilmember Vidak- Martinez was ill this evening. Staff present for all or part of the Regular Session: City Manager Leivo, City Attorney Strauss, Assistant City Manager Donley, Senior Planner Bendorff, Finance Director Lipitz, and Civil Engineer Jenkins. ADJOURN TO CLOSED SESSION TO CONSIDER: Mayor Nordin adjourned Council to Closed Session at 6:02 p.m. to consider personnel matters. REGULAR SESSION: Mayor Nordin reconvened Regular Session at 6:38 p.m. and led the pledge of allegiance. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Nordin reported that the performance evaluation of the City Manager will be continued to a future agenda when the full Council is available. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 10, 2004 Page(2 ) 2. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: 1. Larry Esparza, 44 Verde Circle, was recognized and expressed his support for Renn Vara, a candidate running for Congress on March 2nd for Lynn Woolsey's seat. He read statements indicating Mr. Vara's opposition to the casino. 2. Renn Vara, Congressional candidate, was recognized and and indicated that he is representing citizens in Marin and Sonoma Counties and that he is working with anti - casino groups in opposition to the casino site. He also discussed a crisis in leadership. 3. Chip Worthington, 4695 Snyder Lane, was recognized and asked that Lynne Conde be allowed to speak during Agenda Item No. 5. He discussed articles about the backlash against gaming in Maine, and opposition among white - collar suburbanites. He referred to a package with 5,000 signatures opposing the casino, and he called Council attention to the court costs and the suspension of the MOU with the sufficient number of signatures on the referendum. 3. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Inc., Jennifer Wong, Vice President, Legislative Representative: Mayor Nordin reported that he had received a letter from Ms. Wong indicating that she would be unable to attend this evening's meeting. 4. COMMISSION /COMMITTEE /BOARD APPOINTMENTS: Council action regarding City Commission /Committee /Board appointments for terms expired December 31, 2003: Illlll✓11C home rarxs Rent Appeals Board Two -year terms expired 12/31/03 Michael Caalim (GN) Upon MOTION by Mayor Nordin, seconded by Councilmember Flores, a motion to appoint Michael Pastryk to a two -year term to expire December 31, 2005, was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 10, 2004 Page(3 ) Katherine Collins (AS) Upon MOTION by Vice Mayor Spradlin, seconded by by Councilmember Flores, a motion to appoint Katherine Collins to a two -year term to expire December 31, 2005, was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. 5. MOU REFERENDUM PETITION: Consideration of proposed response regarding support of the City's position on the Memorandum of Understanding with the Federated Indians of the Graton Rancheria: 1. Review proposed response: Councilmember Flores shared comments about misstatements and distortions in the community regarding the casino and the MOU lawsuits, about the $15 billion deficit in the State budget if Proposition 57 does not pass on March 2nd, and about the need for the Council to use all of its resources to protect the $200 million in the MOU. Council Motion /Discussion /Vote: Mayor Nordin called forward a member of the public desiring to speak on this matter. 1. Lynne Conde, Dexter Circle, was recognized and expressed her dissatisfaction with the use of her tax dollars to fund the City's litigation against the citizens of Rohnert Park regarding the MOU and the referendum vote. In addition to her concern about losing her right to vote, she also noted that her right to press was in jeopardy in that not all letters are getting published in The Community Voice. She told the Council that it will be cheaper to give the citizens the right to vote as opposed to fighting the referendum in court. Councilmember Mackenzie expressed his support for the City looking into the California Environmental Quality Act (CEQA) question, but he expressed his opposition to the City's mounting a legal defense against the referendum. He noted that he would have preferred to have reviewed the MOU in full detail, and he reiterated, in response to hearsay, that he owns no land in Sonoma County other than his residence. Vice Mayor Spradlin and Mayor Nordin expressed support for safeguarding the MOU, both noting that the citizens of Rohnert Park cannot vote for or against the casino, which is not in the City's limits. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 10, 2004 Page(4 ) Upon MOTION by Councilmember Flores, seconded by Vice Mayor Spradlin, a motion to adopt the statement before Council to safeguard the MOU for the benefit of Rohnert Park, was APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Councilmember Vidak- Martinez absent. 6. GENERAL PLAN IMPLEMENTATION - STATUS REPORT: City Manager Leivo introduced Senior who shared the contents of the Staff responded to Council questions about Specific Plan, financing plans, time annexation, the University Plan, the project, the State Farm project, and project. Council commended staff fo 7. PROPOSED BUDGETING POLICIES: Planner Bendorff, Report. Staff the Northwest lines for Burbank Housing the Spanos their efforts. 1. Presentation by Assistant City Manager Steve Donley: Assistant City Manager Donley shared the contents of the Staff Report via a slide show presentation. Staff responded to Council questions about Proposition 57. 2. Council Discussion /Direction: Councilmember Flores asked staff to bring as much information as possible regarding the City's 04 -05 budget for Council review. Councilmember Mackenzie requested that Mayor Nordin set up a Study Session in the near future. 8. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Water Advisory Committee, February 2, 2004 meeting: Councilmember Flores commented on the Operations and Maintenance Reserve, water conservation projects, and the Integrated Recycled Water Program. Councilmember Mackenzie discussed the impact of the Santa Rosa project and the Temporary Impairment MOU, and he noted that he will not be at the next Council meeting as he will be in Washington, D.C. regarding these issues. 2. Economic Development Council Subcommittee, February 4, 2004 meeting: Councilmember Flores indicated the Committee will be having an additional meeting before reporting back to Council. He discussed the financial climate and lack of funds. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 10, 2004 Page(5 ) 3. Sonoma County Transportation Authority (SCTA), February 9, 2004 meeting: Civil Engineer Jenkins reported on the following items: Councilmember Mackenzie commended for serving as SCTA chair; Update on 101 projects; Tiger Salamander - mitigation or studies; and Rohnert Park Expressway Interchange Project. Councilmember Mackenzie shared brief comments on the soundwalls and tree removal per the widening of 101 between Rohnert Park and Santa Rosa. 4. Other informational reports, if any: a. Waste Management: City Manager Leivo and Councilmember Mackenzie shared comments on the cost and policy issues regarding the possibility of Sonoma County becoming an additional study area in a new scheme where cities and counties come together and aggregate their power. b. Water Quality Control Board, February 11 meeting: Councilmember Mackenzie indicated that he was invited to attend said meeting, which will cover the leakage problem from the Sonoma County Landfill. 9. COMMUNICATIONS: Communications per the attached outline were brought to the Council's attention. No communications were discussed. 10.-MATTERS FROM /FOR COUNCIL: 1. Use of 435 Southwest Boulevard Fire Station as an Historical Building: Councilmember Flores discussed the financial challenges of designating the site as an historical building, and he asked City Manager Leivo to come back with recommendations on how to incorporate historical aspects into the building without designating it as an historical site. He indicated that he would DISTRIBUTE COPIES of Tim Danesi's ideas to the Council, and he expressed a desire to see this matter come back before the Council. 2. Schedule of Events and Meetings: Councilmembers reviewed the "Upcoming Events" document and discussed their plans to attend said events, as noted on City Manager Leivo's copy. City Manager Leivo indicated that he will be out of town from February 20 -23 with Director Public Safety Bullard in charge in the event of an emergency. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 10, 2004 Page(6 ) 3. Other informational items, if any: a. Traffic Lights: At the request of Councilmember Flores, Mayor Nordin DIRECTED STAFF to look into the three traffic lights on the south side of Rohnert Park Expressway going west. Councilmember Flores noted that concerned seniors and handicapped people had called him, indicating that Sal d 1 l ah C �n7Pl P f nrl c1i ri _ J__.. .,. b. Public Works: At the suggestion of Councilmember Mackenzie, Council DIRECTED STAFF to convey their thanks to Brad Rosashi and the Department of Public Works for their speedy resolution of a recent problem. 11. CITY MANAGER'S REPORT: Informational items, if any: None. 12. 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. Mayor Nordin signified removal of Resolution Nos. 2004 -31 and 2004 -31 per Councilmember Mackenzie's recommendation. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - JANUARY 27, 2004 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $909,563.57 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $30,078.13 C. ACCEPTING CASH /INVESTMENTS REPORTS FOR MONTH END, DECEMBER 31, 2003 CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL - DEFERRED COMMUNITY DEVELOPMENT COMMISSION - DEFERRED ROHNERT PARK FINANCING AUTHORITY - DEFERRED D. RESOLUTIONS FOR ADOPTION: 2004 -25 RATIFYING APPROVAL OF THE NEW CITY SEAL *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 10, 2004 Page(7 ) 2004 -26 AUTHORIZING AND APPROVING AN AGREEMENT WITH ANTHONY MILLS COMPANY FOR APPRAISAL OF A CERTAIN RURAL 18.21 -ACRE PARCEL IMMEDIATELY NORTH OF THE CITY (APN 045 - 041 -018) (LOURDIS) 2004 -27 AWARDING THE CONTRACT FOR WATER MONITORING SERVICE TO CALTEST ANALYTICAL LABORATORY 2004 -28 APPROVAL OF AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT WITH CALTRANS FOR ROHNERT PARK EXPRESSWAY INTERCHANGE AND PARK -AND -RIDE LOT PROJECT NO. 2003 -29 2004 -29 APPROVAL OF TASK ORDER NO. 2004 -02 WITH WINZLER & KELLY ENGINEERS FOR BEAM REPLACEMENT PROJECT NO. 2002 -06 2004 -32 REJECTING THE CLAIM OF RANDAL CASAROTTI (RE ALLEGED DAMAGE TO AUTO FROM G- SECTION FLOODING) E. ORDINANCES FOR ADOPTION: NO. 708 REPEALING ORDINANCE NO. 698 AMENDING SECTION 9.34.020 OF THE ROHNERT PARK MUNICIPAL CODE, ALCOHOLIC BEVERAGES NO. 709 AMENDING SECTION 2.08.010 OF THE ROHNERT PARK MUNICIPAL CODE, TIME AND PLACE OF REGULAR MEETINGS F. APPROVING DONATION OF TWO ONE -YEAR FAMILY SPORTS CENTER MEMBERSHIPS ($375 VALUE EACH), TWO SUMMER SEASON FAMILY POOL MEMBERSHIPS ($240 VALUE EACH), AND A THEATRE EXPERIENCE FOR A GROUP OF SIX AT THE SPRECKELS PERFORMING ARTS CENTER TO A PACIFIC ALLIANCE STAGE COMPANY 2004 -05 PRODUCTION ($200 VALUE) FOR THE EDUCATION FOUNDATION'S 18TH ANNUAL "SHARING OF THE GREEN AUCTION," MARCH 13, 2004 Upon MOTION by Councilmember Flores, seconded by Vice Mayor Spradlin, the Consent Calendar, with the exception of Resolution Nos. 2004 -30 and 2004 -31, was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. Items for Consideration: 2004 -30 AUTHORIZING AND APPROVING AN AGREEMENT WITH GEODYNAMICS FOR THE EMERGENCY REMOVAL OF SEDIMENT FROM COLEMAN CREEK TO PREVENT FLOODING WITHIN CITY LIMITS and *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES February 10, 2004 Page(8 ) 2004 -31 AUTHORIZING AND APPROVING A COOPERATION AGREEMENT WITH THE SONOMA COUNTY WATER AGENCY TO ASSIST IN THE EMERGENCY REMOVAL OF SEDIMENT FROM COLEMAN CREEK TO PREVENT FLOODING WITHIN CITY LIMITS At the request of Councilmember Mackenzie, City Manager Leivo shared brief comments on the emergency removal. Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Spradlin, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, Resolution Nos. 2004 -30 and 2004 -31 were ADOPTED. Councilmember Mackenzie thanked staff for moving quickly on this matter. 13. PUBLIC COMMENT: 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 Nordin ADJOURNED the meeting at approximately 8:28 p.m. Katy Leonard Certified Shorthand Reporter CSR No. 11599 Mayor of Rohnert Park *City Council /Community Development Commission/ Rohnert Park Financing Authority Rohnert Park City Council a� /olo Statement Regarding Funding For Support Of The City Against�s Qa- Legal Challenges February '10, 2004 1X0 The City Council is elected to maintain fiscal integrity, secure the safety of Citizens, and provide essential and community services. Among those responsibilities is the protection of the City against improper legal challenges. Currently, the City is facing two legal efforts .to nullify the Memorandum Of Understanding with the Federated,. Indians Of The Graton Rancheria. These challenges are led by a small and vocal minority. As elected City Council members, we must protect the interests of all 43,000 of our residents. Our City Attorney, Betsy Strauss, has advised us that the MOU is not subject to the California Environmental Quality Act and that a Referendum is, also not applicable. We will use all of our available resources to legally defeat the lawsuits. The professional counsel of our attorneys will cost the City a dramatically smaller amount than the loss of critical mitigation support dollars. It is our responsibility to protect the interest of our residents and secure the $200 million mitigation benefit from the Memorandum Of Understanding. We believe that our strong efforts to sustain the position of the City will be successful.