2004/06/08 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
June 8, 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.
ROLL CALL:
Present: (5) Councilmembers Flores, Mackenzie and
Vidak- Martinez; Vice Mayor Spradlin;
and Mayor Nordin
Absent: (0) None
Staff present for all or part of the Regular Session:
City Manager Leivo, Interim City Attorney Whelan,
Assistant City Manager Donley, Director Public Safety
Bullard, Finance Director'Lipitz, Finance Services Manager
Lauchner, Civil Engineer Jenkins, Building Inspector Bruck,
and Housing Specialist Keller.
1. WORK SESSION:
Garbage /Refuse Fees:
City Manger Leivo shared opening comments about the
increase in dump fees. Rick Powell of Rohnert Park
Disposal reviewed the City's refuse operation options.
Finance Director Lipitz summarized the contents of the
Staff Report. Staff responded to Council questions and
comments about cost, the status of the landfill, dump
site options, and the Joint Powers Agreement.
Councilmember Mackenzie asked for instructions since he
represents the City in the JPA negotiations. With the
exception of Councilmember Mackenzie, Council CONCURRED
TO DIRECT STAFF not to deplete the rate stabilization
fund and to review alternative dump sites.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(2 )
Draft Budget:
City Manager Leivo shared the contents of the Staff
Report, and Finance Director Lipitz DISTRIBUTED AND
REVIEWED the City's organization chart. Staff
responded to Council questions /comments about vacancies
in Public Safety and Planning, needed job positions for
the Building Department, and the time line for the Green
Music Center. Councilmember Mackenzie REQUESTED
statistics for the Neighborhood Watch Programs, and
Councilmember Flores REQUESTED that staff set up a
meeting with the Golf Course Subcommittee to discuss
golf fees. Council discussion concluded, and City
Manager Leivo noted that the Budget will be on the
City Council's July 13 agenda for adoption with a
Public Hearing Notice.
The Work Session concluded at 7:12 p.m.
ADJOURN TO CLOSED SESSION /RECONVENE REGULAR SESSION:
Mayor Nordin adjourned Council to Closed Session at
7 :16 p.m. to discuss Personnel Matters. Mayor Nordin
resumed Regular Session at 7:34 p.m. and led the pledge of
allegiance.
2. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Nordin indicated that there was nothing to report
on from the Closed Session.
3. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Mayor's Presentation of Resolution to Jennifer Wong,
Sonoma State University Associated Students, Inc.,
expressing appreciation for diligence in keeping the
Council abreast of Sonoma State University issues
and events: Mayor Nordin announced that Ms. Wong
was unable to attend per her letter, and he read the
resolution honoring her efforts. The Mayor noted
that the resolution will be sent to Ms. Wong.
2. Mayor's Presentation of Proclamation to Olwen
Peterson and Joan Schmutz, expressing appreciation
for distinguished volunteer service for their
dedication to and organization of the Friends of the
Library Bookstore: Mayor Nordin noted that
Mr. Peterson and Ms. Schmutz were not present, and he
expressed appreciation for their volunteer service.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(3 )
3. Tom Thunderhorse re City Budget /Casino /101 Coalition
and re- sending request for flag honoring American
Indian Veterans of WWII, Vietnam, Korea:
Mr. Thunderhorse DISTRIBUTED AND REVIEWED his written
comments outlining how the City's MOU with the
Federated Indians of Graton Rancheria will help with
the City's budgetary challenges, and he questioned
the recall election and the motives of the
101 Coalition against the casino.
4. Affordable Housing Week Committee Report by Rohnert
Park Co- Chairs Margo Merck and Diane Landman:
Housing Specialist Keller and Ms. Landman briefly
described the events taking place during this week's
Affordable Housing Week Home Fair, including tours of
affordable housing projects and a first -time
homebuyers' fair in Santa Rosa. Council was invited
to attend any of this week's events.
5. Barbara Greene for Rohnert Park & Cotati Creek
Council (RPACCC) re Stream Maintenance: Ms. Greene
DISTRIBUTED an informal status report on stream
maintenance issues, and she told Council that she
will keep them updated on said matters.
4. STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Incorporated, by James J. Reilly III, Legislative
Representative: Mr. Reilly discussed California State
Student Association events taking place this week, and
he requested that Council keep in mind the student
population in Rohnert Park when making decisions which
may have an effect on the students.
5e UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
1. Seamus Seanachaoi, 207 Southwest Boull
recognized and drew parallels between
racing in California and casinos. He
both cases misinformation clouded the
asked when the Indians would be given
deserve.
�vard, was
legal dog
noted that in
issues, and he
the justice they
2. Gerard Giudice, 7396 Circle Drive, was recognized and
discussed how Council has denied citizens against the
casino their civil liberties by having backroom
discussions and acting with the goal that there would be
a casino. He asked that the media tell the side of the
casino opponents, and he noted that citizens cannot have
a government for hire by big interests.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
rune 8 2004 Page(4 j
3. Lynne Conde, 5732 Dexter Circle, was recognized and
expressed how her civil rights have been violated. She
referred to last week's Council agenda and Mayor
Nordin's discussion of the un- agendized topic of the
referendum and casino matters during "Matters for
Council." She stated that said item should have been
agendized with legal analysis from City staff and an
opportunity for members of the public such as herself
to rebut. She also noted her opposition to raises for
City employees in light of the City's fiscal problems.
4. Chip Worthington, 8027 Mackey Court, was recognized and
questioned whether property would appreciate with the
casino in town. He suggested that more youth activities
will help solve the City's crime problems. He SUBMITTED
a letter, ATTACHED TO THE ORIGINAL SET OF MINUTES,
requesting that the City newsletter and website allow a
second point of view regarding City issues and further
requesting that Attorney Deborah Caplan's opinion that
the MOU is suspended be expressed in City publications.
5. Helle K. Berg, 609 Blaine Avenue, Racine, Wisconsin, was
recognized and discussed the impacts of gambling in
Illinois and Wisconsin, including addiction, broken
families, poverty and crime. She noted that tourists
who come to the casinos do not support the surrounding
communities, which have billboards inviting tourists to
come gamble at the casinos followed by billboards with
information about gambling addiction.
6. Linda Lamb, 5734 Dexter Circle, was recognized and
DISTRIBUTED AND REVIEWED her written comments stating
that City staff and Council have no right to "sell" the
City to Station Casinos to solve the City's financial
crisis. She noted that there is no state compact and no
federal approval for the casino yet. She also called
attention to the proposed pension package for City
employees, and she recommended that the Council put
aside its vote on this matter until the recall election
takes place and the proposed casino's fate is decided.
7. Gloria Hafner - Allee, 752 Lindsay Avenue, was recognized
and discussed the efforts of the Golden State Greyhound
Rescue. She spoke about how homes will depreciate if
the casino is built, and she asked who will be carding
SSU students at the casino. She used Bandaids to
demonstrate how the City is using money from the Graton
Rancheria to fix its budget problems, and she called for
a recall of the Council for signing the MOU too quickly
without a proper public discussion for such a large
project.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(5 )
8. Steve Bosshard, 5769 Dexter Circle, was recognized and
discussed how the MOU is suspended since it is in the
appeals process, and he suggested the City leave the
$700,000 it accepted from the Graton Racheria in an
escrow account until said matter is decided in the court
of appeals. He noted that several citizens are
considering filing suit against the city for violation of
civil rights, and he criticized the City's employee
units for supporting Councilmember Flores and Vice Mayor
Spradlin in a full -page ad calling for a "no" vote on
the recalls. At the request of Vice Mayor Spradlin,
Interim City Attorney Whelan explained that the trial
court ruled that the MOU was an adjudicatory act, not a
legislative act, and therefore the MOU has not been
stayed.
9. Larry Esparza, 44 Verde Circle, was recognized and asked
that Mayor Nordin properly and fairly enforce the
three - minute time limit on public comments. He shared a
list of concerns about a local developer, and he
expressed appreciation to Councilmember Mackenzie for
calling attention to Councilmember Flores' improper
rebuttals to public speakers.
6. SOUTHWEST BOULEVARD STATION:
Consideration of options and /or alternative uses of
Southwest Boulevard Fire Station property:
1. Staff Report on Cost of Rehabilitation /Feasibility
Study: City Manager Leivo and Civil Engineer Jenkins
shared the contents of the Staff Report, and staff
responded to Council inquiries about the cost
differential between rehabilitation and
reconstruction, renovation needs and costs, future
needs of Public Safety, and the ages of the City's
other fire stations.
2. Presentations on alternative uses as follows:
Historical Society by Tim Danesi: Mr. Danesi
commented on the historical significance of the
Southwest Boulevard Station, and he noted that the
Historical Society would be willing to share the
building in a partnership with other groups. He
also inquired about the whereabouts of several
aerial photos of the City, pictures of former mayors
and historical figures, and old maps. Mayor Nordin
indicated that they are in a safe place.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
Tune 8, 2004
Fage(6 )
T's Academy by Reverend Sam Tharpe: Pastor Morris A.
Curry DISTRIBUTED AND REVIEWED a multi - document
packet about T's Academy and staff. He urged the
City to fulfill its pledge to provide land to T's
Academy, and he discussed Reverend Sam Tharpe's
legacy of community service. He called attention to
one of T's Academy graduates in the audience, and he
emphasized Reverend Tharpe's demonstrated benefit to
the citizens of Rohnert Park.
Cotati Historical Museum by Pat Voulgaris:
Ms. Voulgaris shared details of the plans for a
museum, including having at -risk youth serve as
docents. She indicated that insurance, a living
trust, and a bank account are all in place, and
that much of the renovation work will be pro Bono.
Chinese /American Club by Joseph Wang of Redwood
Empire Ch
Cheung an
documents
RECA and
language
cultural
inese Association (RECA): Mr. Wang, Judy
d Sandy Bartholome DISTRIBUTED AND REVIEWED
about RECA. They discussed the creation of
outlined its many activities, including
classes, dance /music /art /cooking classes,
festivals and social gatherings.
Burbank Housing Affordable Housing Project by John
Lowry: Mr. Lowry expressed Burbank Housing's desire
to continue working with the City on affordable
housing projects. He noted that the Southwest
Boulevard site is too small as a stand -alone for
housing development, and he discussed scattered site
development.
3. Other Public Comments:
1. Dennis McCormack, 1431 Jasmine Circle, was recognized
and suggested that all the groups, except Burbank
Housing, could work together in a community facility.
He commended Burbank Housing for their efforts at
other locations in the community.
2. Maggie Bradley, Cotati Historical Museum, was recognized
and indicated that she had heard more division of
cultures rather than unity of the people in the
community. She stated that our cultures can live on
through the legacies of our families and friends, and
that the Southwest building represents an opportunity
to come together.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(7 )
3. David Yong, Rohnert Park, was recognized and discussed
why he started Chinese classes in his garage for his
children and other interested participants. He stated
that Rohnert Park was missing a place to learn about
Chinese culture. He noted that one of his daughters
will be representing the United States in China, and he
reiterated that Redwood Empire Chinese Association is
open to everyone to learn about Chinese languages and
traditions.
4. Betty Fredericks, 242 Alden Avenue, was recognized and
expressed her preference that the City retain ownership
of the Southwest Boulevard property. She noted that it
is a unique piece of property.
5. Mark Grandy, T's Academy, was recognized and discussed
how T's Academy has always helped diverse individuals.
He also described the work of T's Academy, including
serving as a food bank, working with fatherless and /or
motherless youth, and collaborating with various Sonoma
County agencies.
6. Lori O'Donnell, with T's Academy, was
commended
community,
food bank.
Reverend Tharpe for all of
including the Thanksgiving
recognized and
is work with the
dinner and the
4. Council Discussion /Direction /Action: Councilmember
Vidak- Martinez expressed a desire to see the property
put to the best possible use, *and recommended
coordinated uses of the building with two educational
facilities and two museums. She REQUESTED more
information on the needs of each group.
Councilmember Mackenzie suggested that staff work
with the various organizations for a mixed use of the
property. Councilmember Flores expressed support for
a cultural center, and he suggested the City consider
stages of development to put the facility to maximum
use. Vice Mayor Spradlin discussed the benefits of
retaining the site as a Southwest Fire Station, and
she suggested using the Maurice Avenue station as a
diverse activities location. Mayor Nordin expressed
his preference to have the City retain the property,
and he noted his particular interest in T's Academy.
Councilmembers shared additional comments on the
possibilities of cooperation between the various
groups. City Manager Leivo reviewed Council
direction (1) to retain the property for the City,
(2) to organize a meeting of the non- profit
organizations to analyze the building for
opportunities for a multi - use /cultural facility, and
(3) to report back to Council the recommendations
from said meeting.
*CORRECTION ABOVE from 7/13/04 City Council meeting: Per Councilmember Vidak- Martinez (addition underlined)
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8; 2004 Page(o )
RECESS:
Mayor Nordin declared a five - minute recess at 9:45 p.m.
Council reconvened at 9:54 p.m. with all Councilmembers
present.
7. MEMORANDUMS OF AGREEMENT:
Consideration of Memorandums of Agreement for Rohnert-.
Park Employees' Association (RPEA); Rohnert Park Public
Safety Officers' Association (RPPSOA); and Service
Employees International Union (SEIU) Local 707
Maintenance Workers; and Outlines for Confidential Unit
and Management Unit:
1. Staff Reports: City Manager Leivo reviewed the
contents of the Staff Report, and he pulled
Resolution 2004 -138 from the agenda because it is not
ready yet.
2. Public Comments: None.
3. Resolutions consecutively and separately for
adoption:
2004 -134 RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA)
2004 -135 RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION
(RPPSOA)
2004 -136 RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)
LOCAL 707 (CERTAIN EMPLOYEES IN THE DEPARTMENT OF
PUBLIC WORKS)
2004 -1 Z7 TPPROTrT*tn T ,�
iJ i rar :tV VG -1�L' OUTLINEE OF CER'T'AIN CONDITIONS OF
EMPLOYMENT, FRINGE BENEFITS AND SALARY
ADJUSTMENTS FOR THE ROHNERT PARK CONFIDENTIAL
UNIT
FOR THE RECORD, Councilmember Mackenzie stated that one
Councilmember did not agree with the personnel decisions
made in Closed Session recently. He also DISTRIBUTED
AND REVIEWED his statement regarding the Bargaining Units
and the Year 2004. He discussed how the City is taking
financial gambles by generously extending retirement
packages in this election year of 2004. He questioned the
City's efforts in actually bargaining with the bargaining
units, and he shared recommendations for fiscal prudence.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(9 )
Councilmember Flores discussed the difficult decisions
Council has to make, and he noted that the City's small
municipal force and the recovering economy were factors
in his decision. Councilmember Vidak- Martinez
recommended taking the resolutions in toto. She also
discussed the City's small municipal staff and the
importance of recruiting and retaining public safety
officers. Vice Mayor Spradlin spoke about financial
forecasts and employee retention. Mayor Nordin and
Councilmember Mackenzie thanked the City's employees
for all of their efforts.
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Flores, seconded by Vice
Mayor Spradlin, and APPROVED 4 -1 with Councilmember
Mackenzie dissenting, readings were waived and
Resolution Nos. 2004 -134, 2004 -135, 2004 -136 and
2004 -137 were ADOPTED IN TOTO.
2004 -138 APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF
EMPLOYMENT, FRINGE BENEFITS AND SALARY
ADJUSTMENTS FOR THE MANAGEMENT UNIT
PULLED by City Manager Leivo.
8. EMPLOYEE INSURANCE COVERAGE AGREEMENTS:
Consideration of Employee Insurance Coverage Agreements
for dental health plan, long -term disability plan,
vision care plan and life insurance plan:
1. Staff Report: City Manager Leivo reviewed the
contents of the Staff Report, and he noted an
amendment to Resolutions 2004 -140 and 2004 -142 to
replace "Unum Provident" with "Standard Insurance" as
the City will continue negotiating with Standard
Insurance for lower premiums.
2. Public Comments: None.
3. Resolutions consecutively and separately for
adoption:
2004 -139 APPROVING AN INSURANCE COVERAGE AGREEMENT WITH
DELTA DENTAL FOR DENTAL HEALTH PLAN
2004 -140 APPROVING AN INSURANCE COVERAGE AGREEMENT WITH
WITH STANDARD INSURANCE FOR LONG -TERM DISABILITY
PLAN
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June R, 200! Page(l0i
2004 -141 APPROVING AN INSURANCE COVERAGE AGREEMENT WITH
VSP FOR VISION CARE PLAN
2004 -142 APPROVING AN INSURANCE COVERAGE AGREEMENT WITH
STANDARD INSURANCE FOR LIFE INSURANCE PLAN
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Spradlin, and UNANIMOUSLY APPROVED, readings
were waived and Resolution Nos. 2004 -139, 2004 -140,
2004 -141 and 2004 -142 were ADOPTED IN TOTO. Councilmember
Flores encouraged staff to negotiate the best coverage
possible for the City's employees.
9. COMMISSION /COMMITTEE /BOARD MATTERS:
1. Bicycle Advisory Committee - Consideration of
appointment to fill vacancy with a two -year term to
expire December 31, 2004:
Council action to fill vacancy due to acceptance of
Gary Jelinek resignation: Mayor Nordin indicated
that he has received no applications.
2. Cultural Arts Commission - Consideration of
appointment to fill vacancy with a four -year term to
expire December 31,2006:
Council action to fill vacancy due to acceptance
of Crissey Cossey resignation: Vice Mayor
Spradlin indicated that she has received no
applications.
3. Senior Citizens' Advisory Committee - Consideration
of appointment to fill vacancy with a two -year term
to expire December 31, 2004:
Council action to fill vacancy due to acceptance of
Georgia M. Todd resignation: Upon MOTION by
Councilmember Flores, seconded by Councilmember
Vidak- Martinez, a motion to approve the nomination
of Betty Ferra to the Senior Citizens' Advisory
Committee for a two -year terms to expire December 31,
2004, was UNANIMOUSLY APPROVED.
10. STORM WATER ORDINANCE:
Consideration of Ordinance adding Chapter 13.64, "Storm
Water Discharge," to Title 13, "Water and Sewers," of
the Rohnert Park Municipal Code:
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(11)
1. Staff Report: City Manager Leivo reviewed the
contents of the Staff Report.
2. Public Comments: None.
3. Second Reading and Adoption of Ordinance:
No. 714 ADDING CHAPTER 13.64, "STORM WATER DISCHARGE," TO
TITLE 13, "WATER AND SEWERS," OF THE ROHNERT PARK
MUNICIPAL CODE
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading
was waived and Ordinance No. 714 was ADOPTED.
11. PUBLIC FACILITIES FINANCING PLAN FEE ORDINANCE:
Consideration of Ordinance replacing and retitling
Chapter 3.28 of the Rohnert Park Municipal Code to
establish citywide public facilities impact fees and
repealing Chapter 15.40 of the Rohnert Park Municipal
and Ordinance Nos. 322, 604 and 638:
1. Staff Report /Presentation: City Manager Leivo and
representative Mary Grace Pawson summarized the
contents of the Staff Report and responded to
Council questions. Councilmember Vidak- Martinez
asked that staff review the June 8, 2004 letter
from Marie A. Cooper on behalf of the applicants for
the University District Specific Plan. City Manager
Leivo stated that staff will prepare a written
response to said letter.
2. Public Comments: None.
3. First Reading and Introduction of Ordinance:
No. 715 REPLACING AND RETITLING CHAPTER 3.28 OF THE
ROHNERT PARK MUNICIPAL CODE AND REPLACING
CHAPTER 15.40 OF THE ROHNERT PARK MUNICIPAL CODE
AND ORDINANCE NOS. 322, 604 AND 638
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Flores, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading
was waived and Ordinance No. 715 was INTRODUCED.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8. 2004 Page(12)
12. TRANSPORTATION /OVERSIZE VEHICLE OR LOAD PERMIT
ORDINANCE:
Consideration of Ordinance adding Chapter 10.58 for
Oversize Vehicle and Load Permit to the Rohnert Park
Municipal Code:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report, and Civil Engineer Jenkins
responded to Council questions.
2. Public Comment: None.
3. First Reading and Introduction of Ordinance:
No. 716 ADDING CHAPTER 10.58, "OVERSIZE VEHICLE OR LOAD
PERMIT," TO TITLE 10, "VEHICLES AND TRAFFIC,"
OF THE ROHNERT PARK MUNICIPAL CODE
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Spradlin, and UNANIMOUSLY APPROVED, reading was
waived and Ordinance No. 716 was INTRODUCED.
13. NOVEMBER 2004 ELECTION MATTERS:
Consideration of two election - related resolutions:
(1) Calling and giving notice of holding a General
Municipal Election to be held on Tuesday, November 2,
2004, for the election of three officers, all with
four -year terms to expire in December of 2004, and
requesting that the County of Sonoma conduct the
election; and (2) Adopting regulations for candidates
of elective office pertaining to candidates,
statements:
1. Staff Re ^.rt: City Manager Leivo Shared tiie contents
of the Staff Report.
2. Public Comments: None.
3. Resolution for Adoption by action of the full City
Council:
2004 -143 CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 2004, AND REQUESTING THAT THE COUNTY
OF SONOMA CONDUCT THE ELECTION
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(13)
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading
was waived and Resolution 2004 -143 was ADOPTED.
4. Resolution for Adoption - In order to avoid any
potential conflict of interest, by action of two City
Councilmembers not scheduled for election in
November 2004, plus one City Councilmember to be
chosen by consensus for purposes of forming a quorum:
2004 -144 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES' STATEMENTS
Council Motion /Discussion /Vote:
Council CONCURRED with Councilmember Mackenzie's suggestion
that Councilmember Vidak- Martinez be chosen to participate
in the action for Resolution 2004 -144. Upon MOTION by
Councilmember Vidak- Martinez, seconded by Vice Mayor
Spradlin, and APPROVED 3 -0 -2 with Councilmember Mackenzie
and. Mayor Nordin abstaining, reading was waived and
Resolution 2004 -144 was ADOPTED.
14. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Mayors' & Councilmembers' Association Legislative
Committee, June 3, 2004 meeting: Councilmember
Mackenzie indicated that he was unable to attend
this meeting.
2. Other informational reports, if any: None.
15. COMMUNICATIONS:
Communications per the attached outline were brought to the
attention of Council. No communications were discussed.
16. MATTERS FROM /FOR COUNCIL:
1. Cancellation Notice of June 22, 2004 City Council
meeting due to lack of a quorum because of summer
vacation and other events: Informational purposes.
2. Consideration of cancellation of August 24, 2004 City
Council meeting: City Manager Leivo noted that
August 24 is the date of the recall election.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
,Tune 8, 2004 page;l4)
Council Discussion /Action: Upon MOTION by
Councilmember Mackenzie, seconded by Vice Mayor
Spradlin, a motion to cancel the August 24, 2004 City
Council meeting due to the recall election scheduled
for that date, was UNANIMOUSLY APPROVED.
3. Schedule of Events and Meetings: Mayor Nordin
declined to review the schedule due to the lateness
of the hour.
4. City Council Agenda Forecast: Provided to Council in
the agenda packets.
5. Other informational items, if any:
a. Ducks at Roberts Lake: Mayor Nordin shared a
letter of thanks and a picture from a youngster who
had been concerned about the ducks in the area.
Said youngster thanked staff for putting up duck
signs.
17. CITY MANAGER'S REPORT:
1. Campaigning on public property: City Manager Leivo
referred to Interim City Attorney Whelan, who
summarized the contents of the Staff Report.
2. Appraisal of Stadium lands: City Manager Leivo
reported that he has the third appraisal, and he
stated that staff needs more time to review the
document.
3. Other informational items, if any:
a. Day of Mourning for Ronald Reagan: City Manager
Leivo reported that President Bush and Governor
Schwarzenegger have declared Friday, June 11, a
Day of Mourning for Ronald Reagan, and he stated
that he intends to implement that for the City and
close City Hall on said date, unless Council has
objections to the closing of City Hall. He noted
that all affordable housing activities will
continue as planned on that date.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(15)
18. 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. The Mayor
signified removal of the following items: Resolution
Nos. 2004 -145 and 2004 -146 per Councilmember Flores'
recommendation, Resolution No. 2004 -156 per Interim City
Attorney Whelan's recommendation, and Resolution No.
2004 -158 per City Manager Leivo's recommendation.
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - MAY 25, 2004
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$1,295,299.16
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$289.00
C. RESOLUTIONS FOR ADOPTION:
2004 -147 RECOGNIZING AND COMMENDING BANK OF THE WEST FOR
DILIGENCE IN WASTE REDUCTION EFFORTS
2004 -148 RECOGNIZING AND COMMENDING ALVARADO STREET
BAKERY FOR SUPERIOR WASTE REDUCTION EFFORTS AND
RESULTS
2004 -149 RECOGNIZING AND COMMENDING CODDING ENTERPRISES
FOR SUPERIOR GREEN WASTE COLLECTION EFFORTS
2004 -150 SUPPORTING THE AMERICAN LEADERS ENERGY
INDEPENDENCE DAY DECLARATION IN JULY 2004
2004 -151 PROCLAIMING JUNE 5 TO JUNE 13, 2004 AS
"AFFORDABLE HOUSING WEEK"
2004 -152 AUTHORIZING THE FINANCE DEPARTMENT TO RELEASE
CHECKS FROM JUNE 9, 2004 THROUGH JULY 12, 2004
AND BRING FORWARD FOR APPROVAL ON JULY 13, 2004
2004 -153 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE
CITY OF ROHNERT PARK FOR THE 2003 -04 FISCAL YEAR
PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(16)
2004 -154 APPROVAL OF AMENDMENT NO. 1 FOR TASK ORDER
NO. 2003 -07 WITH WINZLER & KELLY ENGINEERS FOR
ENGINEERING SERVICES DURING CONSTRUCTION OF
COMMERCIAL WATER METER REPLACEMENT PROJECT
NO. 2003 -03
2004 -155 APPROVING CONTRACT CHANGE ORDER NO. 2 WITH ZSI,
INC. FOR REPLACEMENT OF VARIABLE FREQUENCY DRIVE
#4 PROJECT NO 2003 -10
2004 -157 AUTHORIZING AND APPROVING AN AGREEMENT WITH THE
CITY OF COTATI FOR CITY OF ROHNERT PARK SERVICES
RELATING TO ANIMAL CONTROL
2004 -159 AWARDING THE CONTRACT FOR BENICIA PARK BLEACHERS
TO FIRST SERVICE
2004 -160 APPROVING THE PROPOSAL OF CONSERVISION CONSULTING
FOR RESIDENTIAL WATER SURVEYS
2004 -161 AUTHORIZING THE FILING OF AN APPLICATION FOR
FEDERAL SURFACE TRANSPORTATION PROGRAM AND
CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM FUNDING FOR ROHNERT PARK
EXPRESSWAY REHABILITATION AND COMMITTING THE
NECESSARY LOCAL MATCH FOR THE PROJECT AND
STATING THE ASSURANCE OF THE CITY OF ROHNERT PARK
TO COMPLETE THE PROJECT
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Spradlin, the Consent Calendar, as outlined in
the meeting's agenda, with the exception of Resolution
Nos. 2004 -145, 2004 -146, 2004 -156 and 2004 -158, was
UNANIMOUSLY APPROVED.
Items for Consideration:
7AAA -'� A %�. HONORiiYG AND RL~.OGA1,11ZI NG 110.1D\iA E. 11LrC .OlYiVELL,
4VVi 1Ar, ii
COMMUNITY DEVELOPMENT ASSISTANT, ON THE OCCASION
OF HER RETIREMENT
Councilmember Flores commended Ms. McConnell for her 15
years of service and read the contents of the resolution.
Upon MOTION by Councilmember Flores, seconded by
Councilmember Vidak - Martinez, and UNANIMOUSLY APPROVED,
Resolution 2004 -145 was ADOPTED.
*City Council /Community Development Commission
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 8, 2004 Page(17)
2004 -146 COMMENDING PUBLIC SAFETY LIEUTENANT JOHN
THOMPSON ON THE OCCASION OF HIS RETIREMENT
Councilmember Flores commended Lieutenant Thompson for his
23 years of service and read the contents of the
resolution. Upon MOTION by Councilmember Flores, seconded
by Councilmember Vidak- Martinez, and UNANIMOUSLY APPROVED,
Resolution 2004 -146 was ADOPTED.
2004 -156 ACCEPTING COMPLETION AND DIRECTING THE CITY
ENGINEER TO FILE NOTICE OF COMPLETION FOR
REPLACEMENT OF VARIABLE FREQUENCY DRIVE #4
PROJECT NO. 2003 -10
City Manager Leivo stated that this resolution has been
PULLED as the project is not yet completed.
2004 -158 AUTHORIZING AND APPROVING AN AGREEMENT WITH THE
CITY OF SEBASTOPOL FOR CITY OF ROHNERT PARK
SERVICES RELATING TO ANIMAL CONTROL
City Manager Leivo stated that he was notified by the City
of Sebastopol that they wish to explore other options and
may still go with this option at a later time. Said
resolution was PULLED from the Consent Calendar.
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
19. PUBLIC COMMENTS:
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 10:48 p.m.
IA9 �
Katy Leonard
Certified Shorthand Reporter
CSR No. 11599
Mayor
of Rohnert Park
*City Council /Community Development Commission
Cc,. K
Bargaining Units and the Year 2004 ; Same as the last year except worse or better -
depends on your point of view.
June 8t ",2004
Jake Mackenzie ,Councilmember
This year, the city council of Rohnert Park is about to be even more generous in a fiscal
year where Manager Leivo states, ".... The City faces a deficit due to the dramatic rise in
PERS rates, escalating benefits costs and a large increase in the workers comp insurance
premium ".
This generosity being extended to ALL city employees evidently cannot be calculated
.The cost of expanding the retirement packages being offered is unknown. Again in our
city manager's words, "The actual cost of the retirement enhancement in 2007 -2008 is
unknown..... it will depend upon the success of PERS imvestments and an actuarial to be
completed at the time"
Talk about gambling in this election year of 2004.! Political analysis from Sacramento,
Santa Barbara, Santa Rosa and other centers of state, county and city governance all
concur "Padded public pensions a ticking time bomb in budget crisis ", "Pension costs for
the city are only going to get more outrageous ", ":Council should be wary of making
commitments that are hard to keep"
There seems to have been no effort to actually Bargain with our Bargaining Units.Indeed
these bargaining units have leapt in to the murky waters of Recall Politics with their
amazingly timed full page ad — "Vote No on Recall" literally 5 days before a vote on
agreements which will be beyond the legal ability of any new council to undo after
tonight. This in a year, unprecedented in Sonoma County history where ALL 5 members
of a council could be changed over the next 5 months.
The costs to future councils and citizens are outrageous, certainly in the manner of their
ratification and in the nature of the gamble As with the City Manager contract extension,
new councilmembers'handswill be well and truly tied behind their backs once the vote is
taken. Bargaining unit agreements cannot be undone by a council vote 6 months from now
What is the Gamble?
All will be well if The economy improves by 2006 -2007.
All will be well if the Governator and the Legislature gives us back our lost dollars.
All will be will if the tribe starts giving us our $5million per annum.
Wouldn't fiscal prudence be best served if there were escape clauses in these
agreements.?
Wouldn't fiscal prudence be best served if the Bargaining units had agreed to pay their
share of increased PERS costs?
Wouldn't fiscal prudence be best served if we actually had in front of us estimates of the
bills coming due in 2007 -2008 when happy RP employees start to receive their 80 to 90
% of high salary pensions for the rest of their lives?
Even if there is a full blown fiscal crisis in future years, only 2 agreements allow for
opening up discussions about salary reductionAhat doesn't even occur with RPPSOA!
By the way, I haven't even mentioned the $40million unfunded post- retirement benefit
program and its attendant costs as the years go by with a steadilyincreasing retired
employees roster;No doubt swollen after year 2007.
Petaluma,to its credit ,t least negotiated some concessions when it signed up for 3% at
50.. That this council and this city manager is willing to operate in this manner at this
time is contrary to fiscal prudence As I have said before and I will say again now -This
is Wrong, it is being donc dclibcratcly and it is bcing donc without any effort to get any
concessions from the bargaining units .
Citizens should ask themselves —Is this an honourable and fiscally prudent way to govern
the City of Rohnert Park?
at
wlav?� 2004°' % s�
Carl Leivo '.-
City Manager
ce
Dear Carl: Yt,-A
I am formally requesting that you allow citizen's opinions in the weekly city newsletter
and on the city website as second point of view regarding city issues. In interest and
fairness, differing points of view should be expressed in all city publications. Only in an
open environment can there be a fair exchange of ideas. If only one point of view is
presented, it appears that the city is promoting the casino as a foregone conclusion.
It should also be expressed in city publications that the MOU is suspended. Per Deborah
Caplan, "As Your Honor knows, once — if a petition is circulated and 10% of the
registered voters sign it, it suspends it immediately until there's an election, so the impact
of the referendum can be quite substantial and significant on a local government."
(Transcript p. 12:24 -28, speaking generally about matters subject to referendum as part of
argument why this MOU should not be subject to referendum.)
tn
In my opinion, the city manager and city council are using city meetings and publications
to be a bully pulpit promoting the casino and for political purposes regarding the recall. It
appears that the city manager has become a lobbyist for the casino and Indian gaming and
in my opinion it is a misuse of his position.
Sincerely yours,
Chip Worthington
i
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