2004/04/13 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
April 13, 2004
Tuesday
The Concurrent Meetings of the City of Rohnert Park for
the City Council and the Community Development Commission
met this date in Regular Session for a regular meeting to
commence at 6:00 p.m. at the Rohnert Park City Hall
Conference Room, 6750 Commerce Boulevard, Rohnert Park,
with Mayor Nordin presiding.
CALL TO ORDER:
Mayor Nordin CALLED the Regular Session to order at
6:01 p.m. in the Conference Room.
ROLL CALL:
Present: (5) Councilmembers
Vidak- Martinez;
Mayor Nordin
Absent: (0) None
Flores, Mackenzie and
Vice Mayor Spradlin; and
Staff present for all or part of the Regular Session:
City Manager Leivo, Interim City Attorney Whelan,
Assistant City Manager Donley, Finance Director Lipitz,
Civil Engineer Jenkins, Building Inspector Bruck,
Director Public Safety Bullard, City Engineer Bertolero,
and Senior Planner Bendorff.
1. WORK SESSION ON BUDGET MATTERS:
Energy Conservation Measures - Presentation by David
Theriault, APS Energy Services:
Mr. Theriault DISTRIBUTED AND REVIEWED a packet entitled,
"Energy Solutions," and he and staff responded to Council
questions about PG &E rebates and related matters,
photovoltaic options, possible partnerships with the School
District, and hybrid cars. Council expressed an interest
in pursuing APS's recommendations with DIRECTIONS FOR STAFF
to return with cash flow analyses for Council's
consideration.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(2 )
Foxtail Golf Course - Presentation on financial
outlook for golf course and future contract
considerations, by Tom Isaak, President, CourseCo:
Mr. Isaak shared an oral presentation about the financial
shortfalls of the golf course, and he suggested three
areas of relief. Staff responded to Council questions
and comments about the lease agreement, rate reductions,
blight, -oar t_.nP_rshins UT f- I) f- --h rY11 -F n� „v n' a 1-
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possibility of making it a municipal golf course or
selling it. Council CONCURRED TO DIRECT City Manager
Leivo and Interim City Attorney Whelan to review and
research the option of amending the agreement with
CourseCo, specifically a change in the payments under the
lease, and to meet with Mr. Isaak regarding their review.
Review of Level of Service Budgeting and Presentation
of Capital Improvement Plan:
Assistant City Manager Donley reviewed the current projects
and the CIP criteria. Councilmember Vidak- Martinez
expressed various safety concerns about Ladybug Park and
Playground. Council CONCURRED TO DIRECT STAFF to look at
Ladybug Park equipment relocation and Playground Equipment/
Resurfacing. Councilmembers also suggested staff look at
the tennis courts and, if reducing the number of amenities,
consider directing people to locations in the City where
they can play tennis or go swimming, etc. Council
CONCURRED that the indoor pool should not be considered as
a CIP project in the upcoming budget.
2. WORK SESSION FOR DISCUSSION ON SEWER AND WATER BILLING
PROCESS:
Assistant City Manager Donley briefly reviewed sewer and
water billing issues.
The Work Session concluded at 7:37 p.m.
ADJOURN TO CLOSED SESSION:
Council returned to Council Chambers, and Mayor Nordin
adjourned Council to Closed Session at 7:46 p.m. to
consider Personnel Matters. Closed Session concluded at
8:27 p.m.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(3 )
REGULAR SESSION: Mayor Nordin reconvened Regular Session
at 8:27 p.m. and led the pledge of
allegiance in the Council Chambers.
3. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Nordin indicated that there was nothing to report
for Closed Session.
At this time, Mayor Nordin observed a MOMENT OF SILENCE for
Katie McCann, a young local woman and friend of the Mayor's
family, who lost her life in a recent car accident. He
stated that her boyfriend, Dana Faustine, also a Rohnert
Park resident, was injured in the accident.
Also, at the suggestion of Mayor Nordin and City Manager
Leivo, Council CONCURRED TO PULL Resolution No. 2004 -92
from the Consent Calendar and move it forward in the agenda
before Item No. 8. Staff indicated that C- CORP's scheduled
presentation could be coupled with Council consideration of
this Traffic - Calming resolution.
4. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Introduction of California Junior Miss, Lisa Yi, from
Cerritos, California by Judy James, Rohnert Park Host
Parent /Publicity Representative: Ms. James thanked
Council for its support of the program, and her son
Matt shared comments on the benefits of being a host
family. Ms. Yi came forward and spoke about the
positive impact of the California Junior Miss program
on herself and other participants.
2. John Records, Executive Director, Committee on the
Shelterless (COTS), to express appreciation for the
City's support of the Shared Housing Program:
Mr. Records SUBMITTED a collage and a child PRESENTED
the Mayor with a large card of thanks from the COTS
participants. Mr. Records and three mothers from
COTS thanked the Council for its support. Council
commended the COTS program, and staff took a picture
of Council and the COTS representatives.
3. Representative for Minimizing Occurrences of Violence
in Everyday Society (MOVES), requesting Council to
proclaim the fourth Friday in April as "Children's
Memorial Day" and to fly their flag on Friday,
April 23, 2004: A MOVES representative shared brief
comments on this matter and DISTRIBUTED informational
brochures.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(4 }
4. Laurie Wilson for C -CORP, to present information
regarding traffic - calming measures on Adrian Drive:
[Said ITEM MOVED to before Agenda Item No. 8.1
5. Seamus Seanachaoi, regarding Broadband for Power
Lines: Mr. Seanachaoi first offered to make public
service announcements for the City for free. He also
DISTRIBUTED AND REVIEWED a document about Broadband
over Power Lines, and he urged Council to support a
total ban on BPL due to its high spectrum pollution
and its disruption of communication services.
6. Tom Thunderhorse, regarding opposition to gambling in
Rohnert Park: Mr. Thunderhorse SUBMITTED a Press
Democrat article to Council and DISTRIBUTED AND
REVIEWED his comments calling for the City Council to
ban all games of chance by any organizations. He
pointed out the hypocrisy of the Indian casino
opponents who never protested about the casino night
at the local high school. He also expressed concern
that the casino opponents may be racially biased.
7. Larry Resnick, regarding Rohnert Park City Council
recalls: Mr. Resnick asked Councilmember Flores if
he had seen a list of the people who had signed the
recall petitions. Councilmember Flores said he had
not seen such a list and that he would rely on the
democratic process in terms of the recall. City
Manager Leivo discussed the processing and location
of the petitions.
8. Gerard Giudice, regarding opposition to proposed
casino project: Mr. Giudice called for the immediate
resignation of Councilmember Flores, Vice Mayor
Spradlin and Mayor Nordin, and he questioned whether
any names on the recall petitions had been divulged
to the Councilmembers. City Manager Leivo indicated
no names 11ad ever been divulged. Mr. Giudice also
asked Councilmember Flores about some out -of -state
contributions to his campaign, and he stated that he
will continue to be pro- active in pursuing the casino
issue. Councilmembers Flores and Vidak- Martinez, and
Mayor Nordin and Vice Mayor Spradlin shared their
various reasons for signing the MOU with the
Federated Indians of Graton Rancheria.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(5 )
9. Larry Esparza, regarding Rohnert Park City Council
recalls: Mr. Esparza announced his intention to run
for City Council in the recall election. He stated
that he will be bringing the voice of the people to
City Council. Councilmember Flores noted that he
will abide by the will of the voters, and Vice Mayor
Spradlin indicated that the implications of the
petitions were not fully disclosed to some people
who signed them.
5m STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Incorporated, by Jennifer Wong, Vice President,
Legislative Representative: Ms. Wong was not present
due to Spring Break.
6. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
1. Seamus Seanachaoi, 207 Southwest Boulevard, was
recognized and indicated that he was tired of being
badgered by aggressive solicitors in front of
Rohnert Park businesses.
2. Tom Thunderhorse, 207 Southwest Boulevard, was
recognized and SUBMITTED a film, entitled "Tribute to,
the Armed Services Personnel," and a letter, which he
read, honoring the men and women protecting this
country's freedoms here and abroad.
3. H.R. Downs, P.O. Box 127, Penngrove, was recognized and
expressed his opposition to the casino, citing the
proven overdrafted water area of the proposed casino
site. He also indicated that he will speak during
Agenda Item No. 10.
4. John King, 8617 Petaluma Hill Road, Penngrove, was
recognized and indicated that he will speak during
Agenda Item No. 10.
5. Larry Esparza, 44 Verde Circle, was recognized and
expressed concern with the idea that those who oppose
the casino are racists. He stated that bigotry should
not be tolerated against any group of people.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(6 )
6. Chip Worthington, 4695 Snyder Lane, was recognized and
shared letters from individuals discussing the effects
of a casino on their community. He SUBMITTED two
letters, ATTACHED TO THE ORIGINAL MINUTES, asking the
City to respond to a Freedom of Information Request
concerning toxic wastes on the proposed casino site. He
urged the Council to authorize a Preliminary
Endangerment Assessment to protect the citizens of
Rohnert. Park-
7. Art Tanton, 207 Southwest Boulevard, was recognized and
expressed concern with local solicitors who have been
aggressive and not completely informative. He also
expressed support for the Council's agreement with the
Tribe regarding the casino.
8. Tom Thunderhorse, 207 Southwest Boulevard, submitted a
second speaker card. Mayor Nordin told Mr. Thunderhorse
that he could speak again during the Public Comment
period at the end of the meeting.
7. PRESENTATION OF CITY CLERK'S CERTIFICATIONS REGARDING
RECALL PETITIONS FOR ARMANDO F. FLORES AND AMIE L.
SPRADLIN:
Consideration of acceptance:
1. Staff /City Clerk's report on validity of petition
signatures: City Manager Leivo shared the contents
of the Staff Report.
2. City Attorney's report on procedure: Interim City
Attorney Whelan shared brief comments about the
Political Reform Act, and she responded to Council
questions.
3. Public Comment: None.
4. Resolution for Consideration:
2004 -71 ACCEPTING THE CITY CLERK'S CERTIFICATION OF
RESULTS OF EXAMINATION OF SIGNATURES ON RECALL
PETITIONS
Council Motion /Discussion /Vote:
Council discussion concluded, and upon MOTION by
Councilmember Flores, seconded by Councilmember Vidak-
Martinez, and UNANIMOUSLY APPROVED, reading was waived and
Resolution 2004 -71 was ADOPTED.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(7 )
TRAFFIC - CALMING MEASURES: [Pulled from Consent Calendar]
Staff Report: City Engineer Bertolero shared the
contents of the Staff Report and responded to Council
questions.
Presentation by C -CORP: Melissa, a C -CORP
representative, DISTRIBUTED AND REVIEWED her research
on preferred traffic - calming measures for Adrian Drive.
She discussed an upcoming trip on May 6 or 7 to
Santa Rosa with City staff to review temporary speed
humps. Two residents of Adrian Drive, Kathy Ferrari
and Art Zimmer, came forward and shared their concerns
about numerous traffic problems /accidents along Adrian
Drive.
Resolution for Consideration:
2004 -92 APPROVAL OF TRAFFIC - CALMING MEASURES PHASE I,
PROJECT NO. 2002 -04
Council discussion concluded, and upon MOTION by
Councilmember Vidak- Martinez, seconded by Councilmember
Mackenzie, and UNANIMOUSLY APPROVED, reading was waived
and Resolution 2004 -92 was ADOPTED.
Councilmember Vidak- Martinez LEFT the Council Chambers
at 10:25 p.m.
8. SENIOR CITIZEN ADVISORY COMMISSION:
Consideration of accepting resignation from Commissioner
with a two -year term to expire December 31, 2004:
Council action accepting resignation of Georgia M. Todd:
Upon MOTION by Councilmember Flores, seconded by Vice
Mayor Spradlin, a motion (1) to accept the resignation
of Georgia M. Todd and (2) to DIRECT STAFF to prepare a
letter written over the Mayor's signature expressing
regrets and appreciation for Ms. Todd's years of
service, was APPROVED 4 -0 -1 with Councilmember Vidak -
Martinez absent.
City Manager Leivo indicated
the current vacancy on the S,
Commission until the Council
first Council meeting in May
request to disband per their
Council AGREED with the City
matter can be discussed.
that he has not advertised
�nior Citizen Advisory
has an opportunity by the
to review the Commission's
March 26, 2004 letter.
Manager to wait until said
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(8 )
9. UNIFORM CONSTRUCTION COST - ACCOUNTING PROCEDURES:
Consideration of ordinance establishing an alternative
purchasing procedure for public projects pertaining to
Uniform Construction Cost - Accounting Procedures:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report.
2. Public comments: None.
3. Second Reading and Adoption of Ordinance:
No. 710 AMENDING TITLE 3 OF THE ROHNERT PARK MUNICIPAL
CODE TO ESTABLISH AN ALTERNATIVE PURCHASING
PROCEDURE FOR PUBLIC PROJECTS
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Spradlin, and APPROVED 4 -0 -1 with Councilmember
Vidak- Martinez absent, reading was waived and
Ordinance No. 710 was ADOPTED.
10. PLANNING AND ZONING MATTERS - FILE NO. PL2003 -061RZ
GROWTH MANAGEMENT PROGRAM:
Consideration of proposed amendments to Chapter 17.19
of the Rohnert Park Municipal Code (Growth Management
Program):
1. Staff Report: Senior Planner Bendorff shared the
contents of the Staff Report and responded to
Council questions.
Councilmember Vidak- Martinez RETURNED to the Council
Chambers at 10:31 p.m. during the Staff Report.
2. PUBLIC HEARING: Mayor Nordin opened the Public
Hearing at 10:34 p.m.
1. H.R. Downs, P.O. Box 127, Penngrove, was recognized and
expressed concerns regarding the groundwater overdraft
in that area. Mr. Downs DISTRIBUTED a letter, ATTACHED
TO THE ORIGINAL SET OF MINUTES, from Paeter E. Garcia,
Esq., stating why the Council should not approve the
proposed amendment to the City's Growth Management
Ordinance and should not certify the proposed Negative
Declaration.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(9 )
2. John King, 8617 Petaluma Hill Road, Penngrove, was
recognized and, referring to the May 2000 EIR for
the City's General Plan and the Penngrove Settlement
Agreement, he cited the reasons for his opposition
for the proposed amendment to the Growth Management
Ordinance. He noted that the City should be on
water rationing if it were going by its EIR, and he
urged the Council not to move forward with the
Specific Plans. Interim City Attorney Whelan noted
that the item on this evening's agenda is regarding
the Growth Management Program.
3. Art Tanton, 207 Southwest Boulevard, was recognized
and inquired about how many gallons of water Calistoga
water company is taking out of the City to bottle and
sell.
Mayor Nordin closed the Public Hearing at 10:48 p.m.
3. Resolution for Consideration:
2004 -72 CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE
AMENDING CHAPTER 17.19 OF THE ROHNERT PARK
MUNICIPAL CODE (GROWTH MANAGEMENT PROGRAM)
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
reading was waived and Resolution 2004 -72 was ADOPTED.
4. First Reading and Introduction of Ordinance:
No. 711 AMENDING ROHNERT PARK MUNICIPAL CODE CHAPTER 17.19
(GROWTH MANAGEMENT PROGRAM)
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Flores, and UNANIMOUSLY APPROVED, reading was
waived and Ordinance No. 711 was INTRODUCED.
11. ENCROACHMENT PERMIT FEES:
Consideration of Ordinance amending Rohnert Park
Municipal Code Sections 12.04.010 through 12.04.110 and
adding Section 12.04.120, Encroachment Fees:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report.
2. Public Comment: None.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(10)
3. First Reading and Introduction of Ordinance:
No. 712 AMENDING ROHNERT PARK MUNICIPAL CODE
SECTIONS 12.04.010 THROUGH 12.04.110 AND ADDING
SECTION 12.04.120, ENCROACHMENT FEES
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Spradlin, and UNANIMOUSLY APPROVED, reading was
waived and Ordinance No. 712 was INTRODUCED.
12. WATER CONSERVATION:
Consideration of ordinance amending Chapter 13.62 of the
Rohnert Park Municipal Code pertaining to Water Waste
Regulations:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report.
2. Public Comments: None.
3. First Reading and Introduction of Ordinance:
No. 713 AMENDING CHAPTER 13.62 OF THE ROHNERT PARK
MUNICIPAL CODE PERTAINING TO WATER WASTE
REGULATIONS
Upon MOTION by Councilmember Flores, seconded by
Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
reading was waived and Ordinance No. 713 was INTRODUCED.
13. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Subregional Wastewater Technical Advisory Comillittee,
April 7, 2004 meeting: Civil Engineer Jenkins
gave a brief report on this meeting, including a
Subregional Projects update.
2. Sonoma County Transportation Authority (SCTA),
April 12, 2004 meeting: Councilmember Vidak-
Martinez gave a brief report on funding matters,
planning issues, and Cal Trans projects on
Highway 101. Councilmember Mackenzie shared
additional comments about matters related to
Railroad Avenue.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(11)
3. Other informational reports, if any:
a. Water Advisory Committee, April 5, 2004 meeting:
Councilmember Flores referred Council to his
brief report and commented on the Best Management
Practices Report. Councilmember Mackenzie
shared additional comments on the City's
compliance with said report.
14. COMMUNICATIONS:
Communications per the attached outline were brought to
the Council's attention.
Councilmember Vidak- Martinez called attention to the
letter from the League of Women Voters commending Council
for its recognition of the greenhouse gases emissions
problem. At the suggestion of Councilmember Vidak-
Martinez, Council CONCURRED TO AGENDIZE for a future
Council meeting consideration of the policy outlined in
said letter regarding energy conservation goals /measures.
At the request of Councilmember Mackenzie, City Manager
Leivo shared brief comments about a recent discussion
amongst City Managers about Community Choice Aggregation
(CCA) for energy purchases.
15. MATTERS FROM /FOR COUNCIL:
1. Mayors' and Councilmembers' Association:
Council Discussion /Direction of the following
considerations:
In April, each City will be asked to name its
representative on the Mayors' and Councilmembers'
Legislative Committee: Councilmember Mackenzie
expressed his desire to serve on this committee.
The SMART II Board of Directors nominees are Pat
Gilardi, Cotati and Mike Healy, Petaluma: Council
reiterated that said nomination will be left to
Mayor Nordin's discretion.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(12)
2. Caring Institute, Washington, D.C.:
Council Discussion /Direction for consideration of
nominations for citizen and city National Caring
Awards: Upon MOTION by Councilmember Vidak- Martinez,
seconded by Councilmember Flores, a motion to
nominate Susan Piland for her work with adopted
foreign national children was UNANIMOUSLY APPROVED.
Colinri lmPmher Vi r9ak -Mart1 T-1 P17 rli cr•iiccArl Mc D; land c
work for children's rights, and Mayor Nordin read a
letter from Lynn Woolsey and referred Council to
Ms. Piland's website at SueCares.com. City Manager
Leivo indicated that staff will follow up with
getting Ms. Piland's application sent to the Caring
Institute.
3. Schedule of Events and Meetings: Mayor Nordin
declined to review this document due to the lateness
of the hour.
4. Other informational items, if any:
a. Traffic Enforcement Officers: Councilmember
Vidak- Martinez described a recent ride - along, and
she DISTRIBUTED copies of The Traffic Post, the
official newsletter of the RPDPS Traffic Division.
Councilmember Vidak- Martinez recommended doubling
the number of traffic enforcement /motorcycle
officers to ensure the continued success of the
program.
b. Parks & Recreation Commission: Councilmember
Vidak- Martinez announced that Michelle Rogers will
be resigning from the Commission to pursue
children's issues in Sacramento. At the
suggestion of Councilmember Vidak- Martinez,
Council CONCURRED TO AGENDIZE at an upcoming
Council meeting a scheduled appearance of
Ms. Rogers where she can share her insights into
the Parks & Recreation Commission.
c. Ducks on Roberts Lake Road: Mayor Nordin referred
to a communication from a youngster named Octavio
Cano who has expressed concern about dying ducks
on Roberts Lake Road. Staff indicated that signs
have been ordered, and at the suggestion of
Councilmember Vidak- Martinez, Council CONCURRED TO
DIRECT STAFF to send Mr. Cano a letter informing
him of the new signs.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(13)
d. Meeting in Sacramento: Councilmember Mackenzie
indicated that he will be in Sacramento tomorrow
for water issues.
16. CITY MANAGER'S REPORT, INFORMATIONAL ITEMS, IF ANY:
City Manager Leivo indicated that he had nothing
to report.
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17. 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 2004 -74 per Councilmember
Flores' recommendation.
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - MARCH 23, 2004
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$785,837.77
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$72,255.70
C. RESOLUTIONS FOR ADOPTION:
2004 -73 HONORING AND RECOGNIZING KELLY LEONARDI, CDA,
CDPMA, RDA, ON THE OCCASION OF HER INSTALLATION
AS PRESIDENT OF THE CALIFORNIA DENTAL ASSISTANTS
ASSOCIATION AND FOR HER 22 YEARS OF DEDICATION TO
THE PROFESSION OF DENTAL ASSISTING
2004 -75 PROCLAIMING THE FOURTH FRIDAY IN APRIL AS
"CHILDREN'S MEMORIAL DAY" IN MEMORY OF CHILDREN
WHO HAVE DIED BY VIOLENCE
2004 -76 SUPPORTING APRIL 18 THROUGH APRIL 24, 2004 AS
"NATIONAL VOLUNTEER WEEK"
2004 -77 RECOGNIZING APRIL 2004 AS "FINANCIAL LITERACY
MONTH"
2004 -78 AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF
EASEMENT WITH COMCAST CABLE ON CITY -OWNED
PROPERTY, ASSESSOR'S PARCEL NUMBER (APN)
920 - 000 -016 -000, COMMONLY KNOWN AS OAKVIEW
APARTMENTS
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(14)
2004 -79 DECLARING WEEDS TO BE A NUISANCE AND PROVIDING FOR
WEED ABATEMENT PURSUANT TO GOVERNMENT CODE
SECTIONS 39560 THROUGH 39588, ARTICLE 2 -
ALTERNATIVE PROCEDURES FOR WEED AND RUBBISH
ABATEMENT, AND SCHEDULING A PUBLIC HEARING ON
MAY 25, 2004
2004 -80 AUTHORIZING THE PURCHASE OF A TYPE I FIRE
APPARATUS FOR THE DEPARTMENT OF PUBLIC SAFETY
2004 -81 RATIFYING AN AGREEMENT FOR SERVICES WITH MACTEC
ENGINEERING AND CONSULTING FOR THE PREPARATION OF
A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
WILFRED /DOWDELL SPECIFIC PLAN AREA
2004 -82 APPROVING AMENDMENT NO. 1 TO THE AGREEMENT FOR
CITY ENGINEERING SERVICES WITH WINZLER & KELLY
CONSULTING ENGINEERS
2004 -83 APPROVING AGREEMENT WITH WATER NET SURVEY FOR
WATER LEAK DETECTION SERVICES
2004 -84 ACCEPTING OF THE BIDS AND AWARDING THE CONTRACT
TO A.E. NELSON CONSTRUCTION FOR COMMUNITY CENTER
TRUSS REPAIR PROJECT NO. 2000 -06
2004 -85 APPROVAL OF TASK ORDER NO. 2004 -05 WITH WINZLER &
KELLY ENGINEERS FOR CONSTRUCTION MANAGEMENT
SERVICES FOR COMMUNITY CENTER TRUSS REPAIR
PROJECT NO. 2000 -06
2004 -86 APPROVAL OF TASK ORDER NO. 2004 -06 WITH WINZLER &
KELLY ENGINEERS FOR ENGINEERING SERVICES FOR
REPLACEMENT OF SEWER PUMP STATION METERS
2004 -87 APPROVAL OF AMENDMENT NO. 1 TO TASK ORDER
NO. 2003 -14 WITH WINZLER & KELLY CONSULTING
ENGINEERS FOR SEINER MODEL STUDY PHASE 2,
PROJECT NO. 2003 -07
2004 -88 APPROVAL OF AMENDMENT NO. 2 TO TASK ORDER
NO. 2003 -08 WITH WINZLER & KELLY CONSULTING
ENGINEERS FOR TRUNK SEWER FORCE MAIN
PROJECT NO. 2003 -11
2004 -89 APPROVAL OF CONTRACT WITH BRELJE & RACE CONSULTING
ENGINEERS FOR WATER MODEL STUDY PHASE 3,
PROJECT NO. 2003 -05
2004 -90 APPROVAL OF LETTER TO SONOMA COUNTY WATER AGENCY
(SCWA) PERTAINING TO THE SANTA ROSA PLAIN
GROUNDWATER STUDY
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 13, 2004 Page(15)
2004 -91 APPROVAL OF PLANS AND CALLING FOR SEALED PROPOSALS
FOR CITY PAVEMENT SLURRY SEALS PROJECT NO. 2003 -18
2004 -93 APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
BARBARA L. DENLIS FOR IMPLEMENTING THE EXISTING
BUILDING IMPROVEMENT PROGRAM
2004 -94 REJECTING THE CLAIM OF LINDA DEWICK RE ALLEGED
DAMAGE TO FRONT DOOR FROM POLICE RESPONSE
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, the Consent Calendar, with
the exception of Resolution No. 2004 -74, and with the
exception of the earlier handling of Resolution
No. 2004 -92, was UNANIMOUSLY APPROVED.
Item for Consideration:
2004 -74 DECLARING APRIL 1ST AS JIM GRADY DAY IN ROHNERT
PARK AND EXTENDING CONGRATULATIONS ON THE OCCASION
OF HIS RETIREMENT FROM A 44 -YEAR BROADCASTING
CAREER AT KSRO
Upon MOTION by Councilmember Flores, seconded by
Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
reading was waived and Resolution 2004 -74 was ADOPTED
with DIRECTIONS FOR STAFF to deliver a framed copy of
said resolution to Mr. Grady.
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18. 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 11:18 p.m.
— 641V--CD
Ka y Leonard
Certified Shorthand Reporter
CSR No. 11599
Mayor
of Rohnert
*City Council /Community Development Commission
CHIP WORTHINGTON
4695 Snyder Lane
Rohnert Park, CA 94928
April 13, 2004
Dear City Council
City Manager
Over three weeks ago Marilee Montgomery submitted a Freedom of Information Request
to the city manager regarding written documentation for his statement to the press
regarding the toxic waste on the proposed casino site.
Since there has been nothing received from him, we must therefore assume all your
conclusions are based on personal opinion. We are formally asking the city to cooperate
with the Department of Toxic Substance Control, the North Coast Regional Water
Control Board, the County of Sonoma Environmental Health Division, and the
Department of Defense for a preliminary endangerment assessment.
Only with the proper investigation will anyone be able to conclude that there are or are
not toxic substances on the proposed site for the casino.
Sincerely,
Chip Worthington
y Tamminen
ncy Secretary
Cal /EPA
April 6, 2004
Department of Toxic Substances Control
Edwin F. Lowry, Director
1001 "1" Street, 25th Floor
P.O. Box 806
Sacramento, California 95812 -0806
Ms. Marilee Taylor Montgomery
152 Wilfred Avenue
Santa Rosa, California 95407
Dear Ms. Montgomery:
Arnold Schwarzenegger
Governor
Thank you for your recent letter with attachments regarding Outer Landing Field, Cotati
( Cotati Field), a Formerly Used Defense Site (FUDS) located in Sonoma County.
DTSC is currently working with the United States Army Corps of Engineers (U.S. ACE)
to prioritize the evaluation and subsequent necessary remediation of FUDS, like
Cotati Field. In your letter, you expressed concerns for potential lead hazards from the
machine gun test back stop berm, petroleum underground tank leakage and possible
undocumented disposal of toxic substances at the former Cotati Field.
DTSC has reviewed the available information on the site, contacted other involved
agencies, and performed a drive -by inspection.. The 218.25 acre Cotati Field was used
as a satellite or auxiliary airfield for Alameda Naval Air Station between 1944 and 1949.
Little is known about how much this airfield was used during this five -year period. Most
of the former airfield is currently developed with roads, commercial buildings,
apartments, and two mobile home parks.
As discussed in your letter and confirmed with U.S. ACE, there was a documented
machine gun backstop berm between the two runways for pilots to test their guns prior
to taking off. This machine gun backstop berm was later used by local law enforcement
as a pistol range. It appears that this former dirt backstop was removed or leveled and
this area is now covered by mobile homes, pavement, and lawns in the mobile home
park. With sketchy information on the use and disposal of the machine gun /pistol range
lead bullets, the only way to determine if there is a potential hazard to the public and
environment is to randomly sample for lead in the soils under the mobile home park.
Though the backstop soils may be difficult to find, DTSC will work with U.S. ACE to
perform further investigation for lead in this area. U.S. ACE has very limited funding for
the very large FUDS program in California. This site, like so many others, is on a
waiting list for funding.
® Printed on Recycled Paper
Ms. Marilee Taylor Montgomery
April 6, 2004
Page 2
The North Coast Regional Water Quality Control Board and the County of Sonoma
Environmental Health Division are the agencies responsible for investigation and
remediation of fuel tanks and associated piping. The North Coast Regional Water
Quality Control Board indicated there may be several potential sources for groundwater
pollution in this area not associated with the former Cotati Field. The County of Sonoma
Environmental Health Division or the Regional Water Quality Control Board may be able
to provide you with more specific information on the status of petroleum underground
tank investigations and any possible fuel contamination identified from these sources.
As you have indicated in your letter, there is a possibility that undocumented military
waste was disposed of in onsite burial pits. We would be interested in obtaining copies
of any information you have concerning the potential for undocumented toxic
substances disposal areas. If sufficient evidence becomes available, DTSC will
address the requirement for further investigation with U.S. ACE.
Should you have any questions, please feel free to contact Mr. Donn Diebert, Chief of
the Office of Military Facilities Open Bases Unit, at (916) 255 -3728.
Sincerely,
Edwin F. Lowry
Director
cc: Mr. Jerry Vincent
Project Manager
United States Army Corps of Engineers
1325 "J" Street (CESPK -PM -M)
Sacramento, California 95814
Ms. Peggy Carr
Environmental Health Specialist
County of Sonoma Environmental Health Division
3273 Airway Drive, Suite D
Santa Rosa, California 95403 -2097
Ms. Marilee Taylor Montgomery
April 6, 2004
Page 3
cc: Ms. Beth Lamb
Engineering Geologist
North Coast Regional Water
Quality Control Board
5550 Skylane Boulevard, Suite A
Santa Rosa, California 95403
Mr. Donn Diebert, Chief
Open Base Navy and Formerly Used Defense Sites
Office of Military Facilities Division
Site Mitigation and Brownfields Reuse Program
Department of Toxic Substances Control
8800 Cal Center Drive
Sacramento, California 95826 -3200
IMI WESTON BENSHOOF 9-1 -0-4
ROCHEFORT RUBALCAVA MACCUISH
ATTORNEYS AT LAW
April 13, 2004
LLP
(213) 57 &1118
Pgardaawbcaunsel.com
VIA HAND DELIVERY AND E -MAIL TO THE CITY MANAGER
Honorable Mayor and Members of the City
Council for the City of Rohnert Park
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
Re: Opposition to the City's Proposed Amendment to Municipal Code
Chapter 17.19 Concerning the City's Growth Management Program and
pproval of a Negative Declaration in Support Thereof
Dear Honorable Mayor and Members of the City Council:
This firm represents the O. W.L. Foundation ( "O. W.L. ") and submits these
comments in opposition to the City of Rohnert Park ( "City ") proposal to amend Chapter
17.19 of the City Municipal Code (the "Growth Management Ordinance ") and to certify a
Negative Declaration prepared in support the proposed amendment. O.W.L. urges the
City Council not to take these actions, as several key issues have not, and cannot, be
resolved at this time:
■ The proposed amendment does result in a General Plan amendment.
(See: 2000 General Plan, p. 2 -47.)
■ The proposed amendment authorizes a residential development pace in
conflict with the average 1% annual growth rate established by the City's
2000 General Plan Amendment, voter- approved Measure N and the
existing Growth Management Ordinance.
■ The Negative Declaration violates CEQA because it fails to consider the
proposed development scheme recently approved by the Planning
Commission which depends entirely upon the proposed amendment.
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Honorable Mayor and Councilmembers of the City of Rohnert Park
April 13, 2004
Page 2
A. Backmound
A brief background discussion regarding the proposed amendment to the
Growth Management Ordinance is useful for understanding the issues that must be
resolved before the City approves any such amendment. The Growth Management
Ordinance is part of the City's Zoning Code. It was enacted according to directives
provided by the General Plan and by the City's voters through Measure N to limit the
pace of residential development in the City. Those directives clearly required the City to
devise a "trigger cap" that would apply to residential development approvals when
necessary to maintain an approximate 1% annual growth rate, expressed as an average
development pace of 225 housing units per year for any three -year period. (2000 General
Plan, GM -1 and GM -3, pp. 2 -43 and 2 -47; Measure N, § 3.2.)
Thus, in 2001, the City adopted the Growth Management Ordinance which
complies with the General Plan and Measure N requirements. The current formula for
determining whether a "trigger cap" must be placed on residential development approvals
for an ensuing year utilizes two simple factors: (1) whether the number of residential
development approvals (i.e., final map filings) granted by the City over the previous two
years exceeded 560 housing units; and (2) whether the pace of residential development
over the previous three years exceeded an average of 225 units per year (i.e., 675 units
total). Among the many important purposes of limiting the average annual development
rate to 225 units per year, the Growth Management Ordinance states that the "trigger
cap" is in place to protect the following goal:
"Provide sufficient quantities of water for Rohnert
Park residents and businesses, while ensuring that safe
groundwater yield is not exceeded." (Chapter
17.19.015(P))(Emphasis added.)
In support of the proposed amendment, the City explains that utilizing final
map filings to determine whether a trigger cap is established does not allow the City to
accurately track population growth. Yet, the City has not provided any evidence that the
existing trigger cap formula has caused actual problems in its land use planning activities.
Nevertheless, City staff asserts that "implementation of a building permit" (i.e., one year
after a building permit is issued) should be used as the measure to determine whether a
trigger cap is established because that method better reflects whether population is
increasing in the City.
Despite whatever logic may be associated with this different way of
"tracking" population growth, it is belied by at least two inescapable facts: (1) the
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Honorable Mayor and Councilmembers of the City of Rohnert Park
April 13, 2004
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proposed change to the Growth Management Ordinance would amend the General Plan
and allow the City to approve housing units at a more accelerated rate than would be
allowed under the existing "trigger cap" formula; and (2) the proposed change is actually
being sought so that the City Council can approve the development scheme that has
already been adopted by the Planning Commission ( "Scenario Blue "). Indeed, without
the proposed amendment to the Growth Management Ordinance, the Specific Plan
developers would have to go back to the drawing board and devise proposals that would
comply with existing law.
B. The Proposed Amendment Would Amend the General Plan
The City contends that the proposed amendment does not amend the
General Plan. (See: March 25,2004 Planning Commission Minutes, p. 4.) However,
even a quick comparison between the language of the proposed amendment and the
language of the General Plan shows that the City is wrong.
Existing law under the General Plan requires the annual "trigger cap"
formula to be determined according to "development approvals" granted by the City (i.e.,
final map filings or building permits for development that does not require a tentative
subdivision map). (See: 2000 General Plan, GM -3, p. 2 -47.) However, the proposed
amendment now seeks to determine the annual trigger cap according to "building permit
implementation" (i.e., the construction and occupation of a dwelling unit, which is
deemed to take place 1 year after the permit is issued. (See: Proposed Amendment to
Chapter 17.19.020.)
While the City characterizes this change as an innocuous "timing" issue,
the City's own analysis demonstrates otherwise. As shown in the example below, the
method of determining a trigger cap under the amended version of the Growth
Management Ordinance would allow the City to approve more units under a development
cap year and more units over a three -year average than it would be allowed to approve
under the formula established by the General Plan. By definition, that difference
constitutes an amendment to the General Plan.
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Honorable Mayor and Councilmembers of the City of Rohnert Park
April 13, 2004
Page 4
C. The City's Own Analysis Shows that the Proposed Amendment
Would Authorize A Faster Pace of Residential Development than
the Average 1% Annual Growth Rate Established by the City's
2000 General Plan Amendment. Voter - Approved Measure N and
the Existing Growth Management Ordinance
Contrary to numerous objections submitted by O.W.L. and others, the City
Planning Commission decided at its April 8, 2004 meeting to approve a recommendation
to City County that Council take the following actions:
(1) Establish a "trigger cap" pursuant to the City's [amended] Growth
Management Ordinance;
(2) Establish priority areas for allocation of residential dwelling units
pursuant to the City's [amended Growth Management Ordinance;
(3) Approve standardized limited development agreements with
developers of the Specific Plan areas according to the City's
[amended Growth Management Ordinance.
The Planning Commission based its approvals on an analysis of various
"scenarios" for allocating building permits among the various proposed Specific Plan
Areas. For reasons not discussed herein, the Planning Commission chose "Scenario
Blue" (attached hereto as Exhibit "A "). Importantly, however, the City's entire analysis
is based on the assumption that the Growth Management Ordinance will be changed and
that the existing method of determining a trigger cap will not apply. Remarkably, the
analysis does not show how the City's building permit allocation would be limited under
the existing trigger cap.
Yet, a brief example using the City's own analysis for "Scenario Blue"
shows that the City would be able to issue more building permits per year under the
amended trigger cap than would be allowed under the existing trigger cap, as follows:
1. Existing Trigger r Cap Formula
In year 2009, a trigger cap would be imposed because (1) the City issued
more than 560 building permits in the two prior years, and (2) the average rate of
development in the three prior years exceeded 225 units per year. Thus, a development
cap of 363 units would be imposed for year 2010 as follows:
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Honorable Mayor and Councilmembers of the City of Rohnert Park
April 13, 2004
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9 years (2001 through 2009) multiplied by 225 equals
2,025.
2,025 less 1,662 (number of permits issued in previous
years 2001 through 2008) equals 363.
The maximum number of building permits that the
City could issue in 2010 would be 363.
2. Proposed Trigger Cap Formula
For the same Year 2010, by assuming that its proposed amendment to the
Growth Management Ordinance would be in place, the City proposes to allocate 413
building permits among the Specific Plan proposals.
Hence, although the City argues that the proposed zoning code amendment
is merely a timing issue, the change would allow the City to approve 50 more building
permits in a given year than allowed under the existing trigger cap formula. Even more
alarming, the pace of development allowed under the proposed amendment is wholly
inconsistent with the average 1% annual growth rate established by the General Plan and
voter - approved Measure N. The City's "Scenario Blue" shows that the rate of
development (building permits issued) for years 2006 through 2009 averages 400 units
per year and totals 1,200 units. That is nearly double the pace and aggregate amount of
development over a three -year period that is spelled out by the General Plan and Measure
N limitations.
Upon this closer analysis, it can be seen that the proposed amendment to
the City's Growth Management Ordinance is actually being sought because it is
necessary in order for the Council to approve the Specific Plan development scheme that
has already been adopted by the Planning Commission.
D. The Proposed Negative Declaration Violates CEQA Because it Fails
to Consider the Proposed Development Scheme Recently Approved
by the Planning Commission which Depends Entirely upon the
Proposed Amendment to the Growth Management Ordinance
Since the proposed amendment is a necessary step to implementing a
development scheme for the Specific Plans that the Council will soon consider, the City
is required by the California Environmental Quality Act ( "CEQA ") to analyze the
proposed amendment in relation to its other pending decisions of whether to establish a
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Honorable Mayor and Councilmembers. of the City of Rohnert Park
April 13, 2004
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trigger cap, establish priority areas for building unit allocations, and approve limited
development agreements concerning proposed building unit allocations.
The rule is well - established that CEQA applies to all "discretionary
projects" proposed to be carried out or approved by public agency that are not otherwise
exempt by statute. (CEQA § 21080(a).) A project is "discretionary" if it requires
judgment or deliberation by the public body. (CEQA Guidelines § 15357.) Under
CEQA, the term "project" is defined very broadly and constitutes "the whole of an
action" which may result in direct or reasonably foreseeable indirect physical impact to
the environment. (CEQA Guidelines § 15378.) This definition ensures that the action
reviewed under CEQA is not the approval itself but the development or other activities
that will result from the approval; in other words, CEQA requires that environmental
considerations not be concealed by separately focusing on isolated agency activities and
overlooking the cumulative effect of the whole action (i.e., "piecemealing "). (See
generally: Bozung v. LAFCO (1975) 13 Cal.3d 263, 283 and its progeny.) To that end,
CEQA provides that environmental review should take place as early as feasible in the
planning process to enable environmental considerations to influence project program
and design. (CEQA Guidelines § 15004.)
Moreover, this project fits squarely within the strong presumption in favor
of the requirement to prepare an EIR. An agency is required to prepare an EIR whenever
substantial evidence in the record supports a fair argument that a project may have a
significant effect on the environment. (Laurel Heights Improvement Assn. v. Regents of
Univ. of Cal. (1993) 6 Cal.4t' 1112, 1123.) Under CEQA, if a project is not exempt and
it May cause a significant effect on the environment, the lead agency must prepare an
EIR. (CEQA §§ 21100, 21151; CEQA Guidelines § 15064.)
According to these CEQA rules and the circumstances surrounding the
proposed amendment to the Growth Management Ordinance, the proposed Negative
Declaration is insufficient. Oddly, the City's Initial Study Checklist states that the
proposed amendment has "no impact" regarding conflict with any applicable land use
plan or policy, including the General Plan or the Zoning Ordinance. However, this
cannot be true since the very purpose and effect of the action is to change the presently
applicable land use plan and policy concerning the pace of residential development that
was established by the General Plan and voter- approved Measure N.
The Initial Study Checklist also states in numerous provisions that "the
proposed amendment is not site specific" and "in and of itself' would not create any
impacts to land use planning, population, housing, or other environmental issues.
However, as stated above, this analysis ignores the fact that the proposed amendment is
® WESTON BENSHOOF
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Honorable Mayor and Councilmembers of the City of Rohnert Park
April 13, 2004
Page 7
part of a larger project under CEQA that will involve the City's allocation of building
permits and entering into limited development agreements based on the language of the
Growth Management Ordinance. Adopting a Negative Declaration for this proposed
zoning code amendment is a classic example of "piecemeal" environmental review that is
prohibited by CEQA.'
For all the foregoing reasons, the City Council should not approve the
proposed amendment to the City's Growth Management Ordinance (Chapter 17.19 of the
City Zoning Code) and should not certify the proposed Negative Declaration.
V y yours,
aeter arcia
WESTON BENSHOOF
ROCHEFORT RUBALCAVA & MacCUISH LLP
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cc: H.R. Downs, President, O.W.L. Foundation
' Prior to adopting a Negative Declaration, a lead agency is also required to comply
with various procedural requirements (i.e., CEQA Guidelines §§ 15072, 15105), all of
which do not appear to have been carried out by the City.
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