2004/02/24 City Council Minutes (3)CITY OF ROHNERT PARK CITY COUNCIL
SPECIAL MEETING
February 24, 2004
Tuesday
The City Council of the City of Rohnert Park met this date
for a Special Meeting to commence at 5:30 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 Special Meeting to order at
5:48 p.m.
ROLL CALL:
Present: (4) Councilmembers Flores and Vidak- Martinez;
Vice Mayor Spradlin; and Mayor Nordin
Absent: (1) Councilmember Mackenzie
Mayor Nordin noted that Councilmember Mackenzie would not
be in attendance this evening as he is in Washington, D.C.,
representing the City of Rohnert Park as a contractor with
the Sonoma County Water Agency (SCWA) on water issues.
Staff present for all or part of the Special Meeting:
City Manager Leivo, Assistant City Manager Donley, Finance
Director Lipitz, Civil Engineer Jenkins, and Managing
Director Performing Arts Center McDougal.
UNSCHEDULED PUBLIC APPEARANCES:
Mayor Nordin called forward members of the public desiring
to speak. No members of the public responded.
ITEMS FOR DISCUSSION AND /OR DIRECTION:
WORK SESSION:
CITY COUNCIL GOALS FOR UPCOMING BUDGET
FOR
FISCAL YEAR 2004 -05
City Manager Leivo reviewed suggested goals per the Staff
Report and asked for Council input /ideas. He also
referred Council to information regarding the budgets of
the cities of San Luis Obispo and Mission Viejo and to
various articles of interest.
*City Council
City of Rohnert Park *SPECIAL MEETING
February 24, 2004 Page(2 )
Highlights of the Council discussion included the following
comments /suggestions:
*Focus of budget should be on what it takes to keep the
departments running
*Council needs to be well informed on City's current
infrastructure needs
*Each department should outline where cuts can be made
for SIX MnntllP 1-n nria --.1 ....�
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services
*Council should have information from each department
regarding above /on /below standards
*City's Mission Statement, done three years ago, should
be starting point in this process
*Goal- setting is important for the City; Policy should
be framed in Goals /Objectives /Strategies
*Departmental staff should be encouraged to share their
creative revenue - generating ideas
*Existing costs, such as personnel salaries and health
care, which will be increasing due to natural growth,
need to be considered
*Interest in a user - friendly budget format, to include
an 8- to 10 -page narrative summary from the City
Manager
*Interest in organizational charts /personnel charts as
tool to compare Rohnert Park to other cities
FOR THE RECORD, Councilmember Vidak- Martinez stated that
the Special Meeting started 20 minutes late. She expressed
concern with the fact that Councilmember Mackenzie was not
present as he is representing the City as a water
contractor with SCWA on County water issues. She indicated
that the next Budget Work Session should be scheduled for
all Council►ttembers to attend.
City Manager Leivo stated that he would follow Council
direction on two matters as follows:
1) Develop /elaborate a user - friendly budget format
2) Have staff focus on the matters that will help the
departments get through another year - including
creative suggestions in terms of revenue - generating
and cost - cutting
*City Council
City of Rohnert Park *SPECIAL MEETING
February 24, 2004 Page(3 )
ADJOURNMENT:
There being no further business, Mayor Nordin adjourned
the meeting at 6:25 p.m.
K Leonard
Certified Shorthand Reporter
CSR No. 11599
Mayor
Citv of Rohnert Park
*City Council
CITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
February 24, 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
6:30 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
6:31 p.m.
ROLL CALL:
Present: (4) Councilmembers Flores and Vidak- Martinez;
Vice Mayor Spradlin; and Mayor Nordin
Absent: (1) Councilmember Mackenzie
Mayor Nordin noted that Councilmember Mackenzie would
not be in attendance this evening as he is in Washington,
D.C., representing Rohnert Park as a water contractor
with the Sonoma County Water Agency on County water
issues.
Staff present for all or part of the Regular Session:
City Manager Leivo, City Attorney Strauss, Assistant
City Manager Donley, Finance Director Lipitz, Civil
Engineer Jenkins, City Engineer Bertolero, and Senior
Engineering Technician Pedroncelli.
ADJOURN TO CLOSED SESSION TO CONSIDER:
Mayor Nordin adjourned Council to Closed Session at
6:31 p.m. to consider personnel matters and real estate
negotiations.
REGULAR SESSION: Mayor Nordin reconvened Regular Session
at 7:10 p.m. and led the pledge of
allegiance.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page(2 )
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Nordin reported that the performance evaluation of
the City Manager has been completed.
3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: [Out of
order]
7.. Larry Esparza, 44 Verde Circle, was called forward.
Members of the audience indicated that he would return
shortly.
2. Renn Vara, Congressional candidate, Mill Valley, was
called forward. Members of the audience indicated that
he would return shortly.
3. Ken Sutton, 172 Verde Circle, was recognized and
expressed his opposition to the casino. He questioned
the Tribe's donation to Public Safety and asked why the
Tribe needs money. He also noted his concern with the
use of City money to fund the referendum litigation.
Councilmember'Flores stated that there is an abundance
of information regarding his point of view available to
Mr. Sutton.
4. Sheri Dammarell, 108 Woodlake Drive, was recognized and,
as a 30- resident of Sonoma County, expressed numerous
environmental concerns regarding the casino. She noted
that casinos stress out nature and people's lives, and
she recommended that the community grow in other ways.
5. Seamus Seanachaoi, 207 Southwest Boulevard, was
recognized and asked for Council assistance in appealing
to Comcast for cable access for local artists. He
described his passion for the performing arts and his
film, which currently is aired on Public Access
Channel 72 in Santa Rosa.
6. Tom Thunderhorse, 207 Southwest Boulevard, was
recognized and indicated he is Mr. Seanachaoi's partner
in the short film they produced. He reiterated his
passion for the performing arts and his desire to air
their film locally. He also commented on the casino,
noting that opponents should be complaining to the
County, as the casino is not located in Rohnert Park.
City Manager Leivo commented on public access issues
with Comcast, and Councilmember Flores SUGGESTED that
staff urge Comcast to consider reasonable arrangements
on a voluntary basis for public access for local
artists.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page(3 )
7. John King, 8617 Petaluma Hill Road, was recognized and
indicated that he will speak during Agenda Item No. 7.
8. John Hudson, 399 Bonnie Avenue, was recognized and
questioned an article he saw in a recent Press Democrat
about the Rohnert Park's contribution to the building
industry regarding tiger salamander litigation. He
inquired when this litigation appeared on the Closed
Session agenda and how Councilmember Mackenzie voted
on said matter. City Manager Leivo indicated that the
City did join the litigation, which was listed as
"Pending litigation," and he noted there is a $5000
contribution limit. City Attorney Strauss stated that
it is not appropriate to state the votes, but she
noted that Councilmembers Mackenzie and Vidak- Martinez
were absent.
9. Larry Esparza, 44 Verde Circle, was recognized and
expressed his ongoing support for Congressional
candidate Renn Vara. He noted that those interested
in promoting Mr. Vara can contact him at 584 -5522.
He also gave a brief update on the recall and efforts
to continue gathering signatures.
10. Renn Vara, Congressional candidate, Mill Valley, was
recognized and commended the casino opponents for
coming forward at each Council meeting. He stated
that a vote for him on March 2nd is a vote against
the casino,.and he reviewed the legislative background
that allowed casinos into Sonoma County.
2. SCHEDULED APPEARANCES /PRESENTATIONS: [Out of order]
1. Greg Vermeulen and Andrew Faria re BMX Dirt Jump in
Rohnert Park /Land for Use - Neighborhood Parks:
Mr. Vermeulen and Mr. Faria DISTRIBUTED AND REVIEWED
an outline covering the various reasons for
requesting a location for BMX dirt jumps in the City.
Councilmember Flores and Mayor Nordin encouraged
the Cardinal Newman seniors to put together a plan
to take to the Parks & Recreation Commission for
consideration, particularly in conjunction with a
future skateboard park. Vice Mayor Spradlin
suggested that revenue - generating ideas, such as
BMX tournaments, be added to the BMX plan.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page (4 )
2. Sheila Walker, Executive Director, Sonoma County
Tourism Program, re presentation for updates in the
tourism arena: Ms. Walker DISTRIBUTED AND REVIEWED
the Sonoma County Tourism packet. Bill Comstock,
General Manager of the Doubletree Hotel, shared
brief comments. Ms. Walker acknowledged the
efforts of Councilmember Vidak- Martinez, Carla
Howell from the Chamber of Commerce, and
Mr. Comstock. Council 11 e r
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work in developing the Tourism Program
4. STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Inc., Jennifer Wong, Vice President, Legislative
Representative: Ms. Wong was not present.
5. BUDGET MATTER - SIX -MONTH BUDGET REVIEW:
Presentation by Finance Director Lipitz: Finance
Director Lipitz shared the contents of the Staff
Report via a slide show presentation, and she
responded to Council questions about the Reserve
Balances and the Vehicle License Fee (VLF) loss of
revenue.
6. INTERIM CITY ATTORNEY SERVICES:
Consideration of an agreement with McDonough, Holland &
Allen for legal services:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report, and he and City Attorney Strauss
responded to Councilmember Vidak- Martinez' concerns
about coverage and access to the Interim City
Attorney.
2. Resolution for Consideration:
2004 -33 AUTHORIZING AND APPROVING AN AGREEMENT FOR LEGAL
SERVICES BY AND BETWEEN THE CITY OF ROHNERT PARK
AND McDONOUGH, HOLLAND & ALLEN
Council Motion /Discussion /Vote:
Councilmember Vidak- Martinez DISTRIBUTED AND REVIEWED an
addition to the "Agreement for City Attorney Services"
which outlines the "Duties of City Attorney." She
REQUESTED that said outline of duties be included in the
request for City Attorney Services.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page(5 )
Upon MOTION by Councilmember Flores, seconded by
Vice Mayor Spradlin, and APPROVED 4 -0 -1 with
Councilmember Mackenzie absent, reading was waived
and Resolution 2004 -33 was ADOPTED to include
Councilmember Vidak- Martinez' recommendation to
incorporate the specific "Duties of City Attorney"
clause as taken from the agreement with City
Attorney Strauss.
At the request of Councilmember Flores, Ms. Gabrielle
Whelan and Ms. Michelle Kenyon from McDonough, Holland &
Allen shared brief introductory comments.
7. WATER ISSUES:
1. Water Issues Subcommittee, February 17, 2004 meeting:
Committee /Staff Report: Councilmember Flores
reviewed the contents of the Staff Report.
2. Resolution for Consideration:
2004 -34 IMPLEMENTING REQUIREMENTS IMPOSED ON SPECIFIC
PLAN AREAS OUTSIDE THE CITY'S 1999 BOUNDARIES
AND COMMONLY REFERRED TO AS "WATER POLICY
RESOLUTION"
Council Motion /Discussion /Vote:
Mayor Nordin called forward a member of the public
desiring to speak on this matter:
1. John King, 8617 Petaluma Hill Road, was recognized
and SUBMITTED three letters for Council consideration
regarding opposition to the City's adoption of
Resolution 2004 -34. Mr. King cited language in the
proposed resolution that amends the existing Court -
approved Settlement Agreement, and he asked the
Council to read the letters he submitted and to hold
off voting on the resolution until the policy language
can be restructured.
Upon MOTION by Councilmember Flores, seconded by Vice
Mayor Spradlin, a motion was made to approve
Resolution 2004 -34. City Attorney Strauss recommended
continuing consideration of this matter to the next
Council meeting to provide assurance and meeting time to
review the concerns. Said motion was then WITHDRAWN by
Councilmember Flores.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page(6 )
Upon MOTION by Councilmember Vidak - Martinez, seconded
by Vice Mayor Spradlin, a motion to continue this item
to the next Council meeting was APPROVED 4 -0 -1 with
Councilmember Mackenzie absent.
8. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Subregional Wastewater Technical Advisory Committee,
February 11, 2004 me_ et-.i na - ("it-17 MaYlar rAV T.ai zrr
discussed discharge issues and `the µTiger Salamander
impact on the subregional wastewater system.
2. Mayors' & Councilmembers' Association Board of
Directors, February 12, 2004 meeting: Mayor Nordin
reported on the following items: 1) Legislative
Committee to be formed; 2) Councilmember Mackenzie
and Cotati Councilmember Kurvers appointed as
representatives on ABAG; 3) Reduction in number of
meetings - no meeting on April 8; 4) Councilmember
Vidak- Martinez eligible for appointment to Sonoma -
Marin Area Rail Transit District; 5) General
Membership meeting changed to March 11th; 6) Mayor
Nordin representative for Remote Area Network (RAN)
Board appointment.
3. Sonoma County Waste Management Agency, February 18,
2004 meeting: Mayor Nordin CONTINUED this item to
the next Council agenda due to the absence of
Councilmember Mackenzie.
4. Sonoma -Marin Area Rail Transit (SMART) District,
February 18, 2004 meeting: Mayor Nordin CONTINUED
this item to the next Council agenda due to the
absence of Councilmember Mackenzie.
5. Other informational reports, if any: None.
. COMM`NICATIONS:
Communications per the attached outline were brought to
the Council's attention. No communications were discussed.
10.- MATTERS FROM /FOR COUNCIL:
1. 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 Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page(7 )
2. Other informational items, if any:
a. Neighborhood Enforcement Teams: At the suggestion
of Councilmember Vidak- Martinez, Council CONCURRED
TO DIRECT STAFF to prepare monthly updates on the
progress of the Neighborhood Enforcement Teams.
b. Procedure for Council Committee and /or Other
Reports: Councilmember Vidak- Martinez requested
clarification of the procedure as to who, if
anyone, shall give a Council committee report if
the Councilmember who attended the meeting is not
present. She noted that at the last Council
meeting, which she was unable to attend due to
illness, the Sonoma County Transportation
Authority (SCTA) report was given by staff in her
absence, while Councilmember Mackenzie's reports
this evening were continued to the next meeting
due to his absence. Council CONCURRED with Mayor
Nordin that Council committee reports will be
deferred in the Councilmember's absence unless
said Councilmember makes a request for staff to
report on the meeting.
11. CITY MANAGER'S REPORT:
Informational items, if any:
1. Agilent: City Manager Leivo discussed Agilent's
plans to ultimately vacate and put their facility up
for sale by August 2005.
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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 No. 2004 -36 per City
Manager Leivo's recommendation, and Resolution No. 2004 -35
per his recommendation.
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - FEBRUARY 10, 2004
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$1,503,464.99
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$20,032.87
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page(8 )
C. ACCEPTING CASH /INVESTMENTS REPORTS FOR MONTH END,
DECEMBER 31, 2003 CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
D. RESOLUTIONS FOR ADOPTION:
2004 -37 APPROVAL OF PLANS AND CALL FOR SEALED PROPOSALS
FOR THE COMMUNITY CENTER TRUSS REPAIR PROJECT
NO. 2000 -06
2004 -38 APPROVAL OF CONTRACT CHANGE ORDER NOS. 2 -4 WITH
A.E. NELSON CONSTRUCTION COMPANY FOR BURTON
AVENUE RECREATION BUILDING IMPROVEMENTS PROJECT
NO. 2002 -02
2004 -39 APPROVAL OF CONTRACT CHANGE ORDER NO. 2 WITH
CONTROL MANUFACTURING COMPANY FOR SCADA SYSTEM
REPLACEMENT PROJECT NO. 1999 -11
2004 -40 APPROVAL OF AMENDMENT NO. 1 FOR TASK ORDER
NO. 2003 -11 WITH WINZLER & KELLY ENGINEERS FOR
CONSTRUCTION MANAGEMENT SERVICES FOR SCADA
SYSTEM REPLACEMENT PROJECT NO. 1999 -11
2004 -41 APPROVAL OF LETTER PROPOSAL WITH PES
ENVIRONMENTAL, INC., FOR 2004 GROUNDWATER
MONITORING SERVICES
2004 -42 APPROVAL OF LETTER PROPOSAL FOR AMENDMENT NO. 1
WITH V & A CONSULTING ENGINEERS FOR FLOW -
MONITORING STUDY PROJECT NO. 1997 -08
2004 -43 APPROVAL OF LETTER PROPOSAL WITH BAECHTEL HUDIS,
INC., FOR ENGINEERING SERVICES AND AUTHORIZING
FINANCE DIRECTOR TO INCLUDE CITYWIDE SLURRY SEAL
PROJECT NO. 2003 -18 IN FY 2003 -04 CAPITAL
IMPROVEMENT PROGRAM BUDGET
2004 -44 APPROVAL OF TASK ORDER NO. 2004 -3 WITH WINZLER &
KELLY ENGINEERS FOR CONDUCTING A VULNERABILITY
ASSESSMENT OF THE CITY'S WATER SYSTEM
2004 -45 AUTHORIZING POSITION CLASSIFICATION AND SALARY
RANGE FOR THE POSITION OF WATER QUALITY SPECIALIST
2004 -46 REJECTING THE INSUFFICIENT CLAIM OF JOYCE ANN
THOMAS RE ALLEGED INJURIES FROM FALLING IN AN
ALLEGED UNCOVERED HOLE IN STREET
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
February 24, 2004 Page(9 )
E. APPROVING PROJECT GRADUATION REQUEST FOR WAIVER OF FEES
FOR USE OF SPORTS CENTER FOR JUNE 11, 2004 ANNUAL EVENT
F. COMMUNITY DEVELOPMENT COMMISSION MATTER:
CDC RESOLUTION FOR ADOPTION:
2004 -03 AUTHORIZING FINANCIAL ASSISTANCE COVERING A
FUNDING SHORTFALL FOR MANAGEMENT OF THE FIVE
CDCRP -OWNED SHARED LIVING HOMES OPERATED BY
COMMITTEE ON THE SHELTERLESS (COTS)
Upon MOTION by Councilmember Flores, seconded by Vice
Mayor Spradlin, the Consent Calendar, with the exception
of Resolution Nos. 2004 -35 and 2004 -36, was
APPROVED 4 -0 -1 with Councilmember Mackenzie absent.
Items for Consideration:
2004 -36 AUTHORIZING AND APPROVING AN AGREEMENT WITH
GOLDEN BEAR BIOSTUDIES TO PROVIDE RECONNAISSANCE
LEVEL SITE ASSESSMENT SERVICES
City Manager Leivo shared brief comments in terms of
clarification for Liability Insurance, page 4,
Section B, and deletion of page 5, Section D,
regarding Errors & Omission coverage, et cetera. Upon
MOTION by Councilmember Flores, seconded by Councilmember
Vidak- Martinez, and APPROVED 4 -0 -1 with Councilmember
Mackenzie absent, reading was waived and Resolution
No. 2004 -36 was ADOPTED with the agreement AS MODIFIED
by City Manager Leivo.
2004 -35 EXPRESSING APPRECIATION AND HONORING CITY ATTORNEY
BETSY STRAUSS FOR HER FIVE YEARS OF SERVICE TO THE
CITY OF ROHNERT PARK
Mayor Nordin read Resolution 2004 -35 honoring City Attorney
Strauss. Upon MOTION by Councilmember Vidak- Martinez,
seconded by Councilmember Flores, and APPROVED 4 -0 -1 with
Councilmember Mackenzie absent, Resolution 2004 -35 was
ADOPTED. Councilmember Flores reminded staff to find an
appropriate time and location for a farewell /appreciation
reception for City Attorney Strauss.
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13. PUBLIC COMMENT:
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
February 24, 2004 Page(10)
ADJOURNMENT:
There being no further business, Mayor Nordin ADJOURNED the
meeting at approximately 9:03 p.m.
KttLZ�n ard
Certified Shorthand Reporter
CSR No. 11599
Mayor
City of Rohnert'Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority