2004/04/27 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
April 27, 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 Conference Room,
6750 Commerce Boulevard, Rohnert Park, with Mayor Nordin
presiding.
CALL TO ORDER:
Mayor Nordin CALLED the Regular Session to order at
6:00 p.m. in the Conference Room.
ROLL CALL:
Present: (4) Councilmembers Flores and Mackenzie; Vice
Mayor Spradlin; and Mayor Nordin
Absent: (0) None
Late Due to City Business: (1) Councilmember Vidak-
Martinez arrived at
6:53 p.m.
Staff present for all or part of the Regular Session:
City Manager Leivo, Interim City Attorney Kenyon,
Assistant City Manager Donley, Finance Director Lipitz,
Recreation Services Manager Miller, Civil Engineer
Jenkins, City Engineer Bertolero, Director Public
Safety Bullard, and Senior Engineering Technician
Pedroncelli.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(2 )
I. WORK SESSION ON BUDGET MATTERS:
City Employee Benefits Insurance:
Michael Dranginis and a representative from ABD Insurance
and Financial Services DISTRIBUTED AND REVIEWED the
following document packets: City of Rohnert Park Kaiser
Permanente Medical Plan Financial Analysis & Proposed
A1.t'.PrnafiivP. ri f v of Rnl�,r� t Dark TT4 c- r��_,- ..�._, r., _
-- -- �-.I -- �...�.u�`..� �- � u J1 v i�ion oc Dental PlGLI -I -
Financial Analyses & Proposed Alternatives, Executive
Summary Dental and Vision Marketing Presentation, and
City of Rohnert Park Long -Term Disability Analysis &
Proposed Alternatives. They responded to Council
inquiries regarding matters such as projections on increases
in health insurance coverage, Blue Cross, Delta Dental,
specific vision benefits, and the City's current generous
health benefits.
At the suggestion of Councilmember Mackenzie, Council
CONCURRED TO DIRECT STAFF to come back with an analysis
of the current costs of City employee benefits /insurance.
City Fees Analysis:
Recreation Services Manager Miller DISTRIBUTED AND REVIEWED
a Profit & Loss Statement Staff Report regarding the
2004 -2005 Recreation budget.
Councilmember Vidak- Martinez arrived at 6:53 p.m. due to
City business.
Recreation Services Manager Miller responded to Council
questions /comments, including the idea of converting some of
the City's less busy pools into splash parks.
The Work Session concluded at 7:16 p.m. and Mayor Nordin
declared a five - minute break.
REGULAR SESSION:
Mayor Nordin resumed the Regular Session at 7:23 p.m. and
led the pledge of allegiance.
2. MAYOR'S ANNOUNCEMENT ON CLOSED SESSION:
Mayor Nordin announced that Closed Session would be
scheduled at the end of the Regular Session. He also noted
that Interim City Attorney Kenyon would be present at
tonight's meeting instead of Ms. Whelan.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(3 )
3. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Michelle Rogers, regarding update on efforts on behalf
of children: Ms. Rogers described the various City
commissions she has served on, and she discussed her
current work in Sacramento on behalf of youth issues.
She stressed the importance of volunteer work and
thanked the Council for allowing her to serve.
Councilmember Mackenzie REQUESTED that she brief the
Council from time to time on youth issues in
Sacramento.
2. Tom Thunderhorse, regarding advocate for the Casino
and comments on the recall: Mr. Thunderhorse
SUBMITTED to Council a Press Democrat article
entitled, "Bill to give local government voice in
tribal casino deals." Mr. Thunderhorse also
DISTRIBUTED AND REVIEWED his comments regarding
the casino opponents, and he discussed traffic,
crime and environmental issues related to the casino.
He expressed opposition to the recall, noting that he
is entering his name on the ballot. He also urged
the Council not to disband the Senior Advisory
Commission.
3. Seamus Seanachaoi, regarding comments on the recall:
Mr. Seanachaoi discussed the misinformation and the
misrepresentations surrounding the casino issue, and
he noted that the recall election stems from such
misinformation.
4. Tony Piazza, regarding comments on the recall:
Mr. Piazza indicated that he is a private
investigator, and he discussed his various findings
about fraudulent signatures and deceptive tactics
regarding the recall petition drive. He outlined
steps he has taken to address his concerns, and
he urged a "no" vote on the recall.
4. 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.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(4 )
5. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
1. Dorothy M. Kral, 300 Enterprise Drive, was recognized and
urged the Council not to disband the Senior Advisory
Commission. She indicated that the Commission is lacking
leadership, and she asked the Council to consider the
long -term effects of disbanding said Commission.
2. Bonnie Kneibler, M.D. , Pennarove, was rPrncmj 7Ar� and
stated that she would speak during Agenda Item No. 8.
3. Phyllis Burt, 12200 Elliott Lane, Sebastopol, was
recognized and DISTRIBUTED AND REVIEWED her comments
regarding concerns that the County is running out of
water. She indicated that Rohnert Park is one of the
State - identified recharge areas, and she urged the
Council to reconsider water issues.
4. Larry Esparza, 44 Verde Circle, was recognized and
DISPLAYED a posterboard copy of a full -page ad regarding
Friends of the Federated Indians of Graton Rancheria.
He questioned the cost and the people behind the ad, and
he asked anyone who supports his candidacy in the recall
election to call him.
5. Chip Worthington, 4695 Snyder Lane, was recognized and
complimented Councilmember Vidak- Martinez for her
Presentation regarding the homeless at the Board of
Supervisors this evening. He gave an update on the
current efforts of the casino opponents, noting that
there may be a moratorium on the fee -to -trust process.
He also applauded the people involved in the recall
process.
6. Joan McClain, 1017 West Railroad Avenue, was recognized
and indicated that she comes before the Council as a
good neighbor from Cotati. She asked that when the
Courlcil reV1eWb water issues, they consider the people
who live outside of the Rohnert Park City limits.
6. SONOMA GREEN BUSINESS PROGRAM:
Presentation by John Garn, County of Sonoma: City
Manager Leivo shared introductory comments and introduced
John Garn and Andy Parsons, who DISTRIBUTED AND REVIEWED
an informational packet. The representatives also
responded to Council questions /comments.
Council Discussion /Direction on whether to proceed with
implementation of this program: Council CONCURRED TO
DIRECT STAFF to move forward with this program.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(5 )
7. PUBLIC FACILITIES FINANCE PLAN /PRELIMINARY DRAFT:
Presentation for receiving preliminary public and City
Council comments:
1. Presentation by Harris & Associates: City Manager
Leivo shared opening comments. City Engineer
Bertolero DISTRIBUTED AND REVIEWED the packet for the
slide show presentation, and representatives from
Harris & Associates shared the contents of the slide
show. Staff and representatives from Harris &
Associates responded to Council questions regarding
discussions with developers, schools, legal review,
and the Wilfred Avenue /Golf Course Drive intersection.
2. Public Comments: None.
3. City Council Discussion /Direction: Council CONCURRED
TO DIRECT STAFF to proceed with the proposed schedule,
including the public meeting for the draft PFFP to be
held at the next City Council meeting on May 11.
8. WATER POLICY RESOLUTION:
Consideration of implementing requirements imposed on
Specific Plan Areas outside the City's 1999 boundaries:
1. Staff Report: Civil Engineer Jenkins shared the
contents of the Staff Report via a slide show
presentation, and he responded to Council questions
about groundwater studies and the public access to
such data. Interim City Attorney Kenyon discussed
the resolution and the issues surrounding the
definitions of net consumptive water use impact and
average annual groundwater pumping rate of 2.3 MGD.
She noted the meetings that have been held regarding
this item, as well as the correspondence which has
been received. She also recommended two amendments to
the resolution: Paragraph 4b6, change the word
"defined" to "estimated "; and change 4b7 to 4c, 4b8
to 4d, and the last paragraph to 4e.
2. Recommendation of Water Issues Subcommittee:
Councilmembers Flores and Mackenzie stressed that the
City has been committed to managing its water
resources and will continue to gather and research
the data.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(6 )
3. Public Comments:
1. Bonnie Kneibler, M.D., P.O. Box 116, Penngrove, was
recognized and stated her opposition to the Water
Policy Resolution. She noted her opposition to the
City's failed Resolution 2004 -34, which took place in
February of 2004. She stated that the Water Policy
Resolution disregards California State law, specifically
SB 610 and SB 221, as well as the agrPPmPnt rParbPH
between the City and the South County Resource
Preservation Committee. Ms. Kneibler SUBMITTED her
comments to the Council. Said comments are ATTACHED
TO THE ORIGINAL SET OF MINUTES.
2. John King, 8617 Petaluma Hill Road, was recognized and
referred Council to two letters, one from Ed Casey and
one from Susan Brandt - Hawley, Esq. He insisted that
Rohnert Park's groundwater basin is not recharging, and
he indicated that the Water Policy Resolution is in
direct opposition to the EIR in the General Plan and
to the Settlement Agreement. He urged Council to hold
off making a decision this evening until a meeting
between the parties can take place, and he said he will
take matters back to court if Council proceeds with
the resolution.
3. Steven Carle, 11001 Minnesota Avenue, Penngrove, was
recognized and DISTRIBUTED AND REVIEWED the contents of
his letter to the City Council. He discussed how the
Water Policy Resolution would violate the Settlement
Agreement, the General Plan, and the Urban Water
Management Plan. He cited State Water Code legislation
and the Eel River Appeals Court decision. He pointed
out that the City needs to look at geology as well as
soil, and that the City is not monitoring any
groundwater levels outside City limits. Mr. Carle's
letter is ATTACHED TO THE ORIGINAL SET OF MINUTES.
4. Cynthia Crane, 5970 Petaluma Hill Road, was recognized
and expressed several concerns as follows: (1) Civil
Engineer Jenkins' survey was done in January and February
when the least amount of water is used; (2)
Unsynchronized traffic lights on Petaluma Hill Road will
worsen the traffic problems; (3) Dried out wetlands will
lead to a fire problem. She stated that animals and
farms will be in jeopardy if the City proceeds with its
plans, and many along Petaluma Hill Road will be forced
to leave. She noted that agriculture needs a buffer
from the City.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April.. 27, 2004 Page(7 )
5, MaTi_e Cooper, Bingham McCutchen LLP, Walnut Creek, was
recognized and noted that she is an attorney for the
applicant of the University District Specific Plan.
Ms. Cooper referred Council to her letter in the
Age:r:tida packets, and she reviewed her reasons for
urcl.7.ng passage of the Water Policy Resolution. She
stated that the City is being prudent by defining
terms for the implementation of the provision in the
Judgment.
C'i_t y h!,a.nager Leivo shared comments at this time. He
stated. that staff has reviewed the judgment language
and.. 1--hat the resolution is consistent with the
ju.dcrc:r�t language. He stated that the City is making
a full.. -scale effort to implement the General Plan, and
that these decisions need to be made now so that the
City can proceed. He indicated that he wanted all
en.gir:i.eering comments addressed by staff. Finally,
he (- emphasized that the City is pumping less water,
protecting its recharge levels, and trying to be very
responsible with the groundwater basin.
6. Sharon Grossi, 6300 Petaluma Hill Road, was recognized
and discussed how she had to drop her well, which is
in a Rohnert Park recharge area, 85 feet in one year
because it was sucking air. She asked the Council to
consider the quality of life for people in the area
of the Specific Plans. She noted that she supplies
her organic vegetables to every store in Rohnert Park,
and that increased traffic would make it impossible
for the grocery trucks to get in to her property.
7. Ed Casey, Penngrove, was recognized and stated that
Rohnert Park's wells affect a much larger area than
Rohnert Park. He also asked if the impact of the
casino has been addressed. City Manager Leivo stated
that the proposed 300 -room hotel /casino is not part of
the City's General Plan.
8. Phyllis Burt, 12200 Elliott Lane, Sebastopol, was
recognized and pointed out that in the City's May 2000
EIR the water level dropped over 150 feet.
9. H.R. Downs, OWL Foundation, was recognized and stated
that well surveys in Penngrove indicate that people have
run out of water. He noted that in the 1980's the City
was given this information from the Department of Water
Resources about the well levels dropping. He referred
Council to the Eel River Appeals Court decision, and he
insisted that the City's development be done with a water
budget in place.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(8 )'
Councilmember Flores inquired why groups like the OWL
Foundation will not step up and help fund studies of
the groundwater basin.
City Manager Leivo announced that he had been advised by
Interim City Attorney Kenyon that staff should respond
to public comments made this evening.
10. Civil Engineer Darrin Jenkins. City of Rohnert Park. Nn7ac
recognized and elaborated on several topics raised
during this evening's public comments. He stated that
Rohnert Park will comply with Senate Bills 221 and 610.
He stated that the data shows that the City's water
levels are going up. He stated that municipal water
use is more in the range of 7,000 acre feet, but
definitely not 70,000 acre feet. He indicated that
wells need to be maintained over the years or they
can get clogged up and pump air even though the water
level may actually be higher. He also stated that the
City rehabilitates its wells every ten years.
Councilmember Mackenzie inquired how deep the City's wells
are. Civil Engineer Jenkins noted that the deepest well is
1500 feet and the most shallow is 400 feet.
Civil Engineer Jenkins shared final comments on the fact
that Rohnert Park's groundwater basin is in a laguna
while Penngrove's is in the Petaluma River Watershed.
He stated that the City is assisting in funding the
groundwater basin study because it is important in
considering water issues to know what is going on with
pumping in rural areas.
11. City Engineer Toni Bertolero, City of Rohnert Park, was
recognized and stated that the purpose of the Water
Policy Resolution is not to replace State law,
specifically SB 221 and SB 610, but rather to set forth
the rocedure the City ty will foiiow to implement P Y one
provision of the judgment. She clarified the definition
of "net consumptive water use impact" in terms of what
it is before and after impact. She noted that the
purpose of the Urban Water Management Plan in 2000 was
to serve as a drought contingency plan. She stated
that the City is trying to be consistent with all of the
agreements it has. She referred to the Eel River
Appeals Court decision and discussed the purpose of the
August 11th letter from the Sonoma County Water Agency
(SCWA). Finally she noted that based on SB's 610 and
221 the City will have to do a water supply assessment
and verify that the water is there. She reiterated that
the purpose of the Water Policy Resolution is to
implement one provision of the judgment.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(9 )
Civil Engineer Jenkins referred Council to the Historical
Groundwater Level Hydrograph for Municipal Well No. 38 in
the Staff Report. He noted that while the well goes up
and down each year, the general cycle of the well has been
steadily going up.
Councilmember Mackenzie shared comments on the Groundwater
Level Hydrograph for Municipal Well No. 38. He said he
noted the seasonal variation, but that the annual data shows
an overall increase in the groundwater level. He also
noted that all of this data is a matter of public record.
4. Resolution for Consideration:
2004 -95 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:
Council discussion concluded, and, upon MOTION by
Councilmember Mackenzie, seconded by Councilmember
Flores, and UNANIMOUSLY APPROVED, reading was waived
and Resolution 2004 -95 was ADOPTED AS AMENDED per
Interim City Attorney Kenyon's recommendations.
9. SPECIAL RECALL ELECTION MATTERS:
Consideration of two election - related resolutions:
(1) Calling and giving notice of a Municipal Special
Recall Election to be held on Tuesday, August 24, 2004,
for recall of two officers, both with four -year terms to
expire in December of 2006, and requesting that the
County of Sonoma conduct the election; and (2) Adopting
regulations for candidates for elective office
pertaining to Candidates' Statements:
1. Staff Report: City Manager Leivo share the contents
of the Staff Report, and staff responded to Council
questions.
2. Public Comments: None.
3. Resolution for Adoption:
2004 -96 CALLING AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL RECALL ELECTION TO BE HELD ON TUESDAY,
AUGUST 24, 2004, AND REQUESTING THAT THE COUNTY OF
SONOMA CONDUCT THE ELECTION
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(10)
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Flores, seconded by
Vice Mayor Spradlin, and UNANIMOUSLY APPROVED, reading
was waived and Resolution 2004 -96 was ADOPTED.
4. Resolution for Adoption:
2004 -97 ADOPTING REGULATIONS FOR VANnTnAmF.Q VnP W_r.Vf-mrtr-
OFFICE PERTAINING TO CANDIDATES' STATEMENTS
Council Motion /Discussion /Vote:
City Manager Leivo indicated that based on Interim
City Attorney Whelan's comments at the last Council
meeting, it would be advisable for Councilmember Flores
and Vice Mayor Spradlin to exit the chambers.
Councilmember Flores and Vice Mayor Spradlin exited the
chambers at 10:35 p.m. City Manager Leivo stated that
their exit was requested to avoid any appearance of
conflict of interest. He reviewed the contents of the
Staff Report.
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, and APPROVED 3 -0 -2 with
Councilmember Flores and Vice Mayor Spradlin absent,
reading was waived and Resolution 2004 -97 was ADOPTED.
RECESS:
Mayor Nordin declared a seven - minute recess at 10:38 p.m.
Council reconvened in Council chambers with all
Councilmembers present at 10:47 p.m.
13. "A PLANNED APPROACH TO A SAFER ROHNERT PARK ": [Taken
out of order on Agenda per Council consensus.]
Neighborhood Enforcement Team, NET Team Development/
Implementation - Monthly Report:
Update /Presentation by Director Public Safety Bullard:
Director Public Safety Bullard advised Council of the
name change to Special Enforcement Unit, and he
provided a brief update on the implementation of the
program.
10. PLANNING AND ZONING MATTER - FILE NO. PL2003 -061RZ
GROWTH MANAGEMENT PROGRAM:
Consideration of proposed amendments to Chapter 17.19
of the Rohnert Park Municipal Code (Growth Management
Program):
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(ll)
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. 711 AMENDING ROHNERT PARK MUNICIPAL CODE CHAPTER 17.19
(GROWTH MANAGEMENT PROGRAM)
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading
was waived and Ordinance No. 711 was ADOPTED.
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.
3. Second Reading and Adoption 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
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
reading was waived and Ordinance No. 712 was ADOPTED.
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.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Paged /)
2. Public Comments:
1. John King, 8617 Petaluma Hill Road, was recognized and
indicated that David Smith from the Board of Public
Utilities, working on the Urban Water Recycling Program,
made it clear that this water is unfit for human
consumption.
3. Second Reading and Adoption of Ordinance:
No. 713 AMENDING CHAPTER 13.62 OF THE ROHNERT PARK
MUNICIPAL CODE PERTAINING TO WATER WASTE
REGULATIONS
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
reading was waived and Ordinance No. 713 was ADOPTED.
14. COMMISSION /COMMITTEE /BOARD MATTERS:
1. Cultural Arts Commission - Consideration of accepting
resignation from Commissioner with a four -year term
to expire December 31, 2006:
Council action accepting resignation from Crissey
Cossey: Upon MOTION by Councilmember Flores, seconded
by Councilmember Mackenzie, a motion to accept the
resignation of Crissey Cossey and to DIRECT STAFF to
send a letter over the Mayor's signature expressing
appreciation for her service, was UNANIMOUSLY
APPROVED.
2. Parks and Recreation Commission - Consideration of
accepting resignation from Commissioner with a
two -year term to expire December 31, 2004:
Council action accepting resignation from Michelle
Rogers: Upon MOTION by Councilmember Vidak- Martinez,
seconded by Councilmember Mackenzie, a motion to
accept the resignation of Crissey Cossey and to
DIRECT STAFF to send a letter over the Mayor's
signature expressing appreciation for her service,
was UNANIMOUSLY APPROVED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(13)
3. Senior Citizens Advisory Commission - Consideration of
Commission letter recommendation to disband this
Commission:
Council Motion /Discussion /Vote:
At the suggestion of Councilmember Flores, who noted that he
is the liaison to the Senior Citizens Advisory Commission,
Council CONCURRED to allow Councilmember Flores to meet with
the Commission and come back with alternative proposals.
15. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Water Bond Coalition, "Day in the Capitol," April 14,
2004: Councilmember Mackenzie reported that it was
a successful day of lobbying for water issues /funds
for Rohnert Park and that he will continue to work on
water issues.
2. Water Issues Subcommittee, April 20, 2004 meeting:
Councilmember Flores shared brief comments about the
Russian River Diversion, and Councilmember Mackenzie
noted that Rohnert Park through conservation efforts
has successfully reduced its water consumption.
3. Sonoma County Waste Management Agency, April 21, 2004
meeting: Councilmember Mackenzie discussed the
permitting process, the increase in tipping fees, the
diversion of about 30 percent of the County's waste,
and the status of the Joint Powers Agreement.
4. Other informational reports, if any: None.
16. MAYOR'S AND COUNCILMEMBERS' LEGISLATIVE COMMITTEE:
Consideration of designation of Rohnert Park
representative on this Legislative Committee:
Council Motion /Discussion /Vote:
Councilmember Mackenzie expressed his interest to serve as
the Legislative Committee representative. Upon MOTION by
Councilmember Vidak- Martinez, seconded by Councilmember
Flores, a motion to designate Councilmember Mackenzie as
the representative on the Legislative Committee was
UNANIMOUSLY APPROVED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(14)
17. COMMUNICATIONS:
Communications per the attached outline were brought to
the Council's attention. No communications were
discussed.
18. MATTERS FROM /FOR COUNCIL:
I. U.S. Conference of Mayors - Consideration of USCM
2004 Membership Dues:
Council Discussion /Action: Upon MOTION by
Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, a motion to DIRECT STAFF to
discontinue payment to the USCM was UNANIMOUSLY
APPROVED.
2. Schedule of Events and Meetings: Mayor Nordin
declined to review this document due to the lateness
of the hour.
3. City Council Agenda Forecast: Councilmember
Vidak- Martinez reminded Council that at the last
meeting Council concurred to agendize consideration
of the energy conservation goals /measures policy
as outlined in a letter from the League of Women
Voters. City Manager Leivo indicated that staff
is working on this item and that said item will be
placed on the Council's May 11 agenda.
4. Other informational items, if any: None.
19. CITY MANAGER'S REPORT, INFORMATIONAL ITEMS, IF ANY:
1. Stadium Lands Appraisal: City Manager Leivo reported
that due to unexpected delays the City will get the
appraisal for consideration at a May Council meeting.
2. Other informational items, if any: None.
20. 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 the following resolutions:
Resolution 2004 -109 per City Manager Leivo's recommendation,
and Resolution 2004 -98 per Mayor Nordin's recommendation.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(15)
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - APRIL 13, 2004
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$1,057,637.32
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$18,801.21
C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END,
FEBRUARY 29, 2004 CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
D. RESOLUTIONS FOR ADOPTION:
2004 -99 PROCLAIMING MAY 2004 AS "OLDER AMERICANS MONTH"
2004 -100 PROCLAIMING MAY 2004 AS "VETERANS APPRECIATION
MONTH"
2004 -101 PROCLAIMING MAY 9 -14, 2004 AS "NATIONAL POLICE
WEEK" AND SATURDAY, MAY 15, 2004 AS "PEACE
OFFICERS' MEMORIAL DAY"
2004 -102 PROCLAIMING THURSDAY, MAY 20, 2004 AS "BIKE TO
WORK DAY"
2004 -103 APPROVING A MODIFICATION TO THE PERSONALIZED
PATROL VEHICLE PROGRAM AS ORIGINALLY ESTABLISHED
UNDER RESOLUTION NO. 81 -129
2004 -104 CALLING FOR SEALED PROPOSALS FOR BLEACHERS AT
BENECIA PARK
2004 -105 RATIFYING AN AGREEMENT FOR SERVICES WITH PARSONS
WATER & INFRASTRUCTURE, INC. FOR PREPARATION OF
BACKGROUND ENVIRONMENTAL REPORTS FOR THE STADIUM
AREA
2004 -106 APPROVING AN AGREEMENT WITH SHARP INSPECTION GROUP
FOR INSPECTION SERVICES FOR INSTALLATION OF
COMMERCIAL WATER METERS
2004 -107 APPROVING CONTRACT LANGUAGE CHANGE TO AGREEMENT
WITH PES ENVIRONMENTAL, INC. FOR GROUNDWATER
MONITORING PROGRAM
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(16)
2004 -108 APPROVAL OF LETTER TO GOVERNOR SCHWARZENEGGER
PERTAINING TO PROPOSITION 50 GRANT MONEY (WATER
BOND INITIATIVE)
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Flores, the Consent Calendar, with the
exception of Resolution Nos. 2004 -98 and 2004 -109, was
UNANIMOUSLY APPROVED.
Items for Consideration:
2004 -98 HONORING AND RECOGNIZING JOSIAH "JOE" OUELLETTE
FOR HIS COURAGE IN THE FACE OF GRAVE DANGER AS HE
SAVED THE LIVES OF JEN GOODMAN AND TANI SANCHEZ
Mayor Nordin commended Mr. Ouellette for his actions, and
Councilmember Flores suggested that a formal presentation
of the resolution be made to Mr. Ouellette at a future
Council meeting. Upon MOTION by Councilmember Vidak-
Martinez, seconded by Councilmember Flores, and UNANIMOUSLY
APPROVED, reading was waived and Resolution 2004 -98 was
ADOPTED with DIRECTIONS FOR STAFF to invite Mr. Ouellette
to a future Council meeting for formal presentation of said
resolution.
2004 -109 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR
COMMERCIAL WATER METER REPLACEMENT PROJECT
NO. 2003 -03
City Manager Leivo PULLED Resolution 2004 -109 and
recommended that Council take NO ACTION. He indicated that
there was a mistake in the bid documents from the low
bidder.
21. PUBLIC COMMENT:
Members o� +-1, e L L-Lie public desiring to speak were invited to
come forward.
1. Linda Beltz, 618.2 San Bruno Court, was recognized and
commended the newly formed Neighborhood Enforcement
Team for their response to a recent early morning
incident in her neighborhood. She thanked the Council
for being proactive in making the City safer.
ADJOURN TO CLOSED SESSION:
Mayor Nordin adjourned Council to Closed Session at
11:14 p.m. to consider Personnel Matters. Closed Session
concluded at approximately 11:50 p.m.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 27, 2004 Page(17)
ADJOURNMENT:
There being no further business, Mayor Nordin ADJOURNED the
meeting at approximately 11:50 p.m.
Katy Leonard
Certified Shorthand Reporter
CSR No. 11599
City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority
a A r
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Steven F. Carle, Ph. D.
11001 Minnesota Ave.
Penngrove, CA 94951
April 27, 2004
Honorable Mayor and Members of the City Council
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
Re: Proposed Resolution No. 2004 -95
Dear Honorable Mayor and Members of the City Council:
I represented the South County Resources Preservation Committee as a
hydrologist in the negotiations for the Settlement Agreement (the Agreement) with the
City of Rohnert Park (the City) signed in September 2002. Please allow me to remind
you that the Agreement's "2.3 million gallons per day (mgd)" annual limit (the Limit) on
the City of Rohnert Park's municipal groundwater pumping is effective prior to approval
of any discretionary project outside the 1999 City boundaries. The Limit obviously
applies before any new development can occur outside the City of Rohnert Park's 1999
city boundaries. The Proposed Resolution No. 2004 -95 (The Resolution) would violate
the Agreement by changing the Limit to apply to after new development (80% of it) has
occurred. Please be aware that the words "before" and "after" are not synonymous.
Now please consider the City of Rohnert Park's General Plan 2000 (the General
Plan). According to the General Plan, the City will not cross the Limit between 2000 and
2020. The Limit merely requires Rohnert Park to honor it's own General Plan. In fact,
Table 4.10 -3 in the General Plan indicates that the City will phase out groundwater
pumping altogether by 2010. Therefore, the Resolution would violate both the Agreement
and the General Plan.
According to the City of Rohnert Park's most current Urban Water Management
Plan 2000, "supplier produced groundwater" or municipal pumping will be zero in 2005.
Between 2010 and 2020, municipal pumping will increase from 172 to 1,108 acre feet
year, which translates to 0.15 to 1.0 mgd. Therefore, the Resolution would also violate
the City's current Urban Water Management Plan (which is not consistent with its current
General Plan).
The City's Urban Water Management Plan also indicates that the City's Sonoma
County Water Agency (SCWA) water supply "entitlement" (now referred to as a
"quantity and limitation" in the Draft 12th Ammended Agreement) will reach 7,500 acre -
feet per year, or 6.7 mgd, by 2010. This conflicts with the CiZ� General Plan and the
Agreement, which anticipate a 15 mgd "entitlement" - far an the 6.7 mgd SCWA
water supply "quantity and limitation" currently penciled in.
Since the Agreement was signed in September 2002, much new State Water Code
legislation (e.g. SB 221, SB 610, SB 1384) has been passed. Also, the May 2003 Friends
of the Eel River Appeals Court Decision casts uncertainty on future SCWA deliveries.
Current water law now imposes much tougher requirements for proof of sufficient and
reliable water supplies in water supply assessments, General Plans, and Urban Water
Management Plans, particularly where groundwater is a source of supply. This new
legislation stresses the importance of coordinating water supply information, as required
for development agreements, between water supply assessments, agreements with water
supply wholesalers (e.g. SCWA), General Plans, and Urban Water Management Plans. In
light of this new legislation, the Resolution stands out even more as a glaring attempt to
circumvent not only the Agreement, but State Law. The new legislation, which now
supercedes the Agreement, would indicate that the Limit of 2.3 mgd is actually set too
high.
Please do not forget the City's General Plan Policy PF -H:
PF -H Ensure that groundwater withdrawal does not exceed safe yield.
The California Department of Water Resources (DWR) explains:
... safe yield is the amount of water that can be extracted annually from the basin
without any adverse impacts.
DWR adds:
In some areas, where urban development has replaced agriculture, surface
pavement, storm drains, and sewers have increased runoff and dramatically reduced
recharge into the basin. If extraction continues at the predetermined safe yield of the
basin, water level decline and other negative impacts could occur.
"Safe yield" is often estimated from the recharge rate, which is estimated at 1.6 mgd by
the City's General Plan. Judging from Rohnert Park's own groundwater study and the
anticipated decrease in natural recharge by urbanizing State - identified recharge areas by
the Northwest, Northeast, University District, and Southeast Specific Plan projects, the
Limit is set too high. To honor the Limit, as I urge your city to do, is not an unreasonable
request.
Please be a "good neighbor" to Penngrove, as the City of Rohnert Park promised to do in
the Agreement. Please do not circumvent the Agreement and exceed the Limit as the
Resolution obviously attempts to do. The Resolution violates your City's General Plan,
your City's Urban Water Management Plan, State Law, and the Agreement. You — the
City's Mayor and City Council - must reject the Proposed Resolution No. 2004 -95.
Sincerely,
Steven F. Carle, Ph. D.
Penngrove
Tuesday, April 27, 2004
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
Dear Honorable Mayor and Council Members;
O.W.L. Foundation
President, H.R. Downs
Secretary, Deborah Hunt
Treasurer, Heidi Dieffenbach -Carle
www.Penngrove.Info
I am writing in opposition to the proposed resolution Number 2004 -95, the so- called "Water Policy
Resolution ". This resolution directly disregards current California State law, specifically SB 610 and
SB 221.
In February of this year, the OW .L. Foundation and others objected to a similar resolution (number
2004 -34) for similar reasons. Rohnert Park government agreed with our reasoning then and voted the
resolution down. The resolution before you tonight, 2004 -95, is a weakly reconstituted version of the
resolution that failed in February. We urge you to defeat this resuscitated version of the originally
flawed resolution.
There is another compelling reason for you to send this resolution to defeat: it stands in flagrant
disregard of both the letter and the spirit of the settlement agreement reached between the City of
Rohnert Park and the South County Resource Preservation Committee.
On February 24, 2004, Rohnert Park government wisely chose not to adopt resolution 2004 -34. I urge
you tonight to adhere closely to that path of wisdom and not to deviate from it.
Thank you,
Bonn4Kn ble r, M.D.
Board Member
O.W.L. Foundation
cc: H.R. Downs
Ed Casey