2002/11/26 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
November 26, 2002
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
6:45 p.m. in the Council Chambers, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Flores presiding.
CALL TO ORDER:
Mayor Flores called the regular session to order at
6:54 p.m. and led the pledge of allegiance.
ROLL CALL:
Present: (3) Councilmember Mackenzie; Vice Mayor
Reilly; and Mayor Flores.
Absent: (1) Councilmember Vidak- Martinez due to
a family medical emergency.
Staff present for all or part of the meeting: City
Manager Netter, City Attorney Strauss, Assistant City
Manager Donley, City Engineer Gaffney, Public Works
Manager Stephens, and Recreation Direc::or Barry.
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Flores reported on the closed session which
commenced at approximately 6:00 p.m. to discuss matters
listed on the agenda attachment, representing an update.
Mayor Flores noted that direction was given to City
Attorney Strauss regarding the litigation matter.
Furthermore, he noted that action will be taken this
evening regarding the sale of the old library property,
and some action will be taken regarding a proposed lease
agreement with the county library system regarding the
new library lease.
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(2 )
2. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
WATER & SEWER RATE STUDY WORK SESSION: NOVEMBER 12, 2002
REGULAR CONCURRENT CITY MEETINGS: NOVEMBER 12, 2002
Upon MOTION by Councilmember Mackenzie, seconded by
Vice Mayor Reilly, the Water & Sewer Rate Study Work
Session Minutes of November 12, 2002, and the Regular
Concurrent City Meetings Minutes of November 12, 2002,
were APPROVED 3 -0 -1 with Councilmember Vidak- Martinez
absent.
3. COUNCIL COMMUNICATIONS, TF ANY (INFORMATIONAL ONLY):
Mayor Flores asked the Councilmembers if there were any
informational communications to add to the agenda. No
communications were added to the agenda.
4. YOUTH REPRESENTATIVES TO THE CITY COUNCIL FROM HIGH
SCHOOL YOUTH LEADERSHIP OF ROHNERT PARK SELECTIONS:
1. Recognizing Youth Representatives: Seniors Mark
Stablein and Saba Sahouria were recognized.
Youth Report /Comments, if any: Highlights of the
Youth Report included the following:
(1) Description of Environmental Prevention Youth
Coalition and their activities, including
efforts to remove the influence of alcohol and
tobacco from youth through tobacco stings,
school presentations, and passage of a tot
lot law;
(2) RCHS football team to defend its title;
Volleyball team lost first game in playoffs;
(3) Seniors filling out college applications; and
(4) DISTRIBUTION of documents to Council regarding
the Environmental Prevention Coalition, Sonoma
County Sheriff's Department press release for
tobacco citations; and new statewide tobacco
control legislation.
2. Other Youth Comments, if any: None.
5. SONOMA STATE UNIVERSITY ASSOCIATED STUDENTS, INC.,
REPRESENTATIVE:
1. Recognizing SSU ASI Representative Jamie Holian:
ASI Representative Holian was not present due to
a holiday break.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(3 )
2. SSU ASI Report /Comments, if any: Council joined
with Councilmember Mackenzie in wishing the SSU
Men's Soccer team well as they advance to the
NCAA Final 4. Mayor Flores noted that SSU Men's
and Women's NCAA Basketball tickets are now
available.
6. UNSCHEDULED PUBLIC APPEARANCES:
Mayor Flores stated that in compliance with State law,
The Brown Act, members of the public wishing to make a
comment may do so at this time, limited to 3 -5 minutes per
appearance, with a 30- minute limit.
1. Carla Howell 5000 Roberts Lake Road, was recognized
and stated that the Holiday Tree - Lighting festivities
will take place Thursday, December 5, in the Callinan
Sports and Fitness Center from 6:00 to 8:00 p.m. She
also DISTRIBUTED the newly printed Rohnert Park
Chamber of Commerce Business and.Community Profile and
Membership Directory 2002 -2003, and she noted that
every Rohnert Park resident will be receiving a copy
of the directory starting next Monday.
2. Janice S. Brown 4438 Hollingsworth Circle, was
recognized and reminded the current Councilmembers of
their commitment to help the Skate Park Coalition
locate a skate park She outlined all of the lost
monetary, material, and labor donations that the
coalition has lost due to the length of time it is
taking to locate a skate park site. She described
skateboarding as an affordable activity for many
youth, and she described how other local cities manage
and maintain their skate parks. She encouraged the
new Council, to be seated next month, to actively
work to secure the current or an alternate skate park
site and begin construction within a reasonable amount
of time.
At the suggestion of Councilmember Mackenzie, Council (1)
CONCURRED TO AGENDIZE the skate park site and related
access issues for the first Council meeting in January,
2003, and (2) to DIRECT STAFF to prepare a report on the
current skate park access issues.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(4 )
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7. CONSENT CALENDAR:
Mayor Flores 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 one Consent Calendar item for further
discussion as follows: Resolution No. 2002 -256 per
Councilmember Mackenzie's recommendation. City Manager
Netter also DEFERRED the "Cash /Investments Report for
Month End" until the next Council meeting.
A. ACKNOWLEDGING THE CITY MANAGER /CLERK'S REPORT ON THE
POSTING OF THE MEETING'S AGENDA
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
*CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$1,580,426.20
*COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$22,811.24 HAND CHECKS - APPROVED
$35,105.00 LESS PREVIOUSLY APPROVED
C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END,
OCTOBER 31, 2002, CONCURRENTLY FOR:
*CITY OF ROHNERT PARK /CITY COUNCIL - DEFERRED
*COMMUNITY DEVELOPMENT COMMISSION - DEFERRED
* ROHNERT PARK FINANCING AUTHORITY - DEFERRED
D. Resolutions for Adoption:
2002 -257 APPROVING AGREEMENT WITH TELE -WORKS FOR
MAINTENANCE OF AUTOMATED CITIZENS INFORMATION
SYSTEM (ACIS) AKA ANYTIME LINE
2002 -258 AWARD OF CONTRACT FOR PORTABLE AND MOBILE RADIOS
2002 -259 AWARD OF CONTRACT, LIBRARY TELEPHONE AND DATA
CABLING, PROJECT NO. 1999 -04
Upon MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Reilly, with the exception of Resolution
No. 2002 -256, the Consent Calendar, as otherwise outlined
on the meeting's agenda, was APPROVED 3 -0 -1 with
Councilmember Vidak- Martinez absent.
Item for Consideration:
2002 -256 EXPRESSING APPRECIATION TO JAMES J. REILLY, JR.,
FOR TWELVE YEARS OF SERVICE ON THE COUNCIL OF
THE CITY OF ROHNERT PARK
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(5 )
Councilmember Mackenzie and Mayor Flores expressed their
gratitude to Vice Mayor Reilly for his years of service
on the Council. Vice Mayor Reilly shared his thoughts
on the last twelve years as a Councilmember. He thanked
City staff, his family and friends, and the numerous
people he has worked with over the years.
Upon MOTION by Councilmember Mackenzie, seconded by
Mayor Flores, Resolution 2002 -256 was APPROVED 2 -0 -1 -1
with Vice Mayor Reilly abstaining and Councilmember
Vidak- Martinez absent.
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8. ORDINANCE FOR ADOPTION:
No. 692 ADDING SECTION 9.44.205 TO ARTICLE V OF
CHAPTER 9.44 ROHNERT PARK MUNICIPAL CODE
RELATING TO AMPLIFIED WARNING DEVICES (BACK -UP
ALARMS)
Council discussion concluded, and Council thanked Mr. Al
Barr for his efforts in bringing about this noise
ordinance. Upon MOTION by Councilmember Mackenzie,
seconded by Vice Mayor Reilly, Ordinance for Adoption
No. 692 was APPROVED 3 -0 -1 with Councilmember Vidak-
Martinez absent and with the addition of the term
"legally required" to clarify amplified warning devices
in Section One of Ordinance No. 692.
9. DEPARTMENT OF PUBLIC SAFETY MATTER RE MOTORIZED
SCOOTERS - CONSIDERATION OF PROPOSED AMENDMENTS TO
ROHNERT PARK MUNICIPAL CODE FOR CERTAIN CHAPTERS OF
TITLE 10, VEHICLES AND TRAFFIC:
1. Staff Reports: City Manager Netter summarized the
contents of the staff reports.
a. Bicycle Advisory Committee recommendations
b. City Attorney report on recent legislation
c. Public Safety report on proposed amendments
2. Council Discussion /Action:
Ordinance for Introduction:
No. 693 AMENDING ROHNERT PARK
CHAPTERS OF TITLE 10,
MOTORIZED SCOOTERS)
MUNICIPAL CODE FOR CERTAIN
VEHICLES AND TRAFFIC (FOR
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(6 )
Upon MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Reilly, Ordinance for Introduction No. 693 was
APPROVED 3 -0 -1 with Councilmember Vidak- Martinez absent
and with the addition of language to prohibit gas - powered
scooters from Class I bike paths.
10. PLANNING COMMISSION APPOINTMENT - CONSIDERATION OF
ACCEPTING RESIGNATION FROM THE PLANNING COMMISSION FOR
TWO -YEAR TERM TO EXPIRE DECEMBER 31, 2002:
Accepting resignation from Greg Nordin: Mayor Flores
summarized the matter, and Council thanked Mr. Nordin
for his service on the Planning Commission. Upon
MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Reilly, a motion (1) to accept the resignation of
Greg Nordin from the Planning Commission and (2) to
send him a letter of gratitude for his efforts was
APPROVED 3 -0 -1 with Councilmember Vidak- Martinez
absent.
11. PLANNING AND ZONING MATTER - COUNCIL CONSIDERATION
OF PLANNING COMMISSION REQUEST THAT THE CITY COUNCIL
HOLD A STUDY SESSION REGARDING GROUNDWATER
CONTAMINATION IN THE AREA OF THE SHELL STATION ON
REDWOOD DRIVE:
Council Discussion /Action: City Manager Netter
shared brief comments, and Council CONCURRED TO
RE- AGENDIZE this matter for the first Council meeting
in January, 2003.
12. OFF -LEASH DOG ORDINANCE - CONSIDERATION OF REMIF
CONCERNS:
1. Staff Report: Recreation Director Barry noted
that the Skate Park Coalition will return to the
Council in early January, 2003, with a report,
and then he reviewed the contents of the off -leash
dog ordinance staff report.
2. Council Discussion /Direction: Council CONCURRED
(1) to AGENDIZE consideration of an 18 -month trial
period as outlined in the staff report for the
first Council meeting in January, 2003, and (2)
to INVITE Jeff Davis, REMIF Director, to address
the Council at said meeting.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(7 )
13. NEW LIBRARY LEASE - CONSIDERATION OF LEASE AGREEMENT
WITH SONOMA COUNTY LIBRARY:
1. Staff Report: City Manager Netter shared the
contents of the staff report, and staff responded
to Council questions.
2. Council Discussion /Action:
Resolution for Adoption:
2002 -260 APPROVING LEASE AGREEMENT WITH SONOMA COUNTY
LIBRARY FOR NEW LIBRARY LOCATED ON LYNNE CONDE
WAY
Upon MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Reilly, Resolution for Adoption 2002 -260 was
APPROVED 3 -0 -1 with Councilmember Vidak- Martinez absent
and with the following language changes /additions per
City Attorney Strauss, recommendations:
(1) To describe the building as a "building suitable
for a library" rather than a library building;.
(2) Per Section 2B, to clarify that the County Library
System will have control of the facility during
business hours and that the City will have control
of the Community Room during nonbusiness hours;
(3) Per Section 3, to amend 31 days to 60 days, and
to clarify that the interior conference room will
not be under any City control;
(4) Per Section 8C, to include more flexible language
regarding maintenance issues and utility costs
for the Community Room, adjacent lobby, and
restrooms.
Mayor Flores NOTED that he will schedule a meeting with
the Library Subcommittee to meet with the County Library
Director to discuss the County's policy of only accepting
funds to purchase computers for the new library, rather
than accepting donated computers and /or allowing the
Library Foundation to purchase the computers with their
own funds. Furthermore, Councilmember Mackenzie REQUESTED
a staff report early in the new year from Public Safety
regarding the use of the new library in terms of emergency
preparedness /disaster services.
14. OLD LIBRARY SITE - JOINT CITY COUNCIL AND COMMUNITY
DEVELOPMENT COMMISSION CONSIDERATION OF SALE OF
CITY -OWNED REAL PROPERTY KNOWN AS OLD LIBRARY
LOCATION, APN 143- 051 -035:
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(8 )
1. Staff Report: City Manager Netter shared the
contents of the staff report.
2. City Council and CDC Discussion /Action:
City Resolution for Consideration:
2002 -261 AUTHORIZING AND APPROVING A PURCHASE AGREEMENT
FOR THE SALE OF CITY -OWNED REAL PROPERTY LOCATED
AT 6600 HUNTER DRIVE, APN 143- 051 -035 (OLD
LIBRARY LOCATION)
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Mackenzie, City Resolution 2002 -261 was
APPROVED 3 -0 -1 with Councilmember Vidak- Martinez absent.
Furthermore, Council CONCURRED TO DIRECT STAFF to
prepare a letter of thanks to Ji*_nmie Rogers for his
services as the real estate agent for the City for the
old library site, as well as other surplus City property
sites.
CDC Resolution for Consideration:
2002 -10 APPROVAL OF JOINT USE PARKING AGREEMENT BETWEEN
APN 143 -051 -035 (OLD LIBRARY LOCATION) AND
6500 HUNTER DRIVE
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Mackenzie, CDC Resolution 2002 -10 was
APPROVED 3 -0 -1 with Councilmember Vidak - Martinez absent
and with DIRECTIONS TO STAFF to add language to give the
City Manger the authority to finalize the terms of the
agreement.
15. GENERAL PLAN IMPLEMENTATION PROGRAM MATTERS RELATED
TO THE GENERAL PLAN PROCESS, IF ANY:
1. Status Report on General Plan Implementation: City
Manager Netter referred to Planning Director
Kaufman's Status Report. Councilmembers DIRECTED
STAFF to express their appreciation for the thorough
report to Planning Director Kaufman.
2. Other, if any: Councilmember Mackenzie raised two
issues: (1) The importance of the meeting with the
Open Space District on Tuesday,.hecember 3, to
discuss Community Separator issues and a possible
mitigation bank /Direction to call Director Andrea
Mackenzie if said meeting is changed; and (2) The
importance of a Study Session for the Draft Zoning
Ordinance in the new year.
*City Council /Community Development Commission/
Rohnert Park Financinq Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(9 )
16. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Rohnert Park Stadium Subcommittee, November 14,
2002, meeting: Mayor Flores gave a brief update
on the Subcommittee's discussions with
representatives from the California League in terms
of the League's preliminary interest to consider
Rohnert Park Stadium as a site for two years.
2. Mobile Home Parks Subcommittee, November 18, 2002:
Mayor Flores commented on the City's efforts to
change the management company and to implement
capital improvements in Rancho Feliz. City Manager
Netter indicated that staff is meeting with
interested nonprofit management companies as the
former management company will resign on
January 31, -2002.
3. Economic Development Committee, November 21, 2002:
Councilmember Mackenzie reported that at the first
Council meeting in January, 2003, the Committee will
make a formal recommendation to the Council of a
company to prepare the City's Economic Development
Strategic Plan.
4. Other, if any:
a. Water Advisory Committee meetings: Councilmember
Mackenzie reported on a possible new agreement
to replace the 11th Amended Agreement with the
Sonoma County Water Agency (SCWA). Also, in
terms of governance, he reported that the Water
Advisory Committee will work on compromise
language as to how they will function under a new
agreement.
17. COMMUNICATIONS:
Communications per the attached outline were brought to
the attention of the Councilmembers.
Councilmember Mackenzie: Per the letter from Kelsey
Moldenke, Planning Commission, Councilmember Mackenzie
indicated that it is his intention to recommend
Mr. Moldenke as his appointment to the Planning
Commission for another term.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(10)
Mayor Flores: INFORMATIONAL - Mayor Flores outlined
the brief Council agenda for the December 10, 2002,
meeting, at which time the new Councilmembers will be
seated, along with installation of the new Mayor and
Vice Mayor. He noted that information will be posted
and members of the public are welcome to attend the
meeting and celebration.
18. MATTERS FROM /FOR COUNCIL:
1. Mayors' & Councilmembers' Association - SMART
(Sonoma -Marro Area Rail Transit) - Consideration
of appointments:
Council Discussion /Action: Council CONCURRED TO
DIRECT Mayor Flores to support Councilmember
Mackenzie for appointment, and then to use his
discretion in supporting the other appointments.
2. Mayors' & Councilmembers' Association, City
Selection Committee Annual Meeting January 9, 2003,
6.30 p.m., Sweet Lou's, 8201 Old Redwood Highway,
Cotati:
a. Appointments to consider (as well as Chair and
Vice Chair for 2003) as follows:
*LAFCO - to fill unexpired term of Clark Thompson
if election results do not change in his
favor (term would expire 5/1/05)
*Metropolitan Transportation Commission (Sharon
Wright's term expires 2/9/03) - City
Selection submits three names for Board of
Supervisors' consideration as representative
of County
*Bay Area Air Quality (Pam Torliatt's term
expires 3/03)
*Golden Gate Bridge District (Mike Martini's term
expires 3/03) - City Selection makes
recommendation to Board of Supervisors for
approval
*Airport Land Use Commission (Sam Salmon's term
expires 5/03)
*LAFCO - Alternate (Pam Torliatt's term expires
5/1/03)
*Remote Access Network (RAN) Board - to replace
Mayor Thompson if election results do not
change in his favor (one mayor serves on an
ongoing basis and the committee meets as
needed)
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(11)
b. Council Discussion /Direction /Action: Council
CONCURRED to either AGENDIZE the appointments for
the next Council meeting on December 10, 2002, OR
to DIRECT STAFF to send a letter to the
Councilmembers and Councilmembers - Elect,
directing them to send their letters of interest
to the City Manager by January 9, 2002, so he
can forward them to the City Selection Committee
for consideration in a timely manner.
3. Other informational items, if any: None.
19. CITY MANAGER'S REPORT:
1. Volunteer Program for reduced staffing /close certain
City departments December 23, 2002, through
January 1, 2003: City Manager Netter briefly
outlined a volunteer program for reduced staffing
and /or closing certain departments for the time
between December 23rd to January 1st, 2003.
Council Discussion /Direction: Council discussion
concluded, and upon MOTION by Vice Mayor Reilly,
seconded by Councilmember Mackenzie, a motion
was APPROVED 3 -0 -1, with Councilmember Vidak-
Martinez absent, to institute a Volunteer Program
for reduced staffing /closed City departments as
follows:
(1) Full -time members of a noncritical department
who volunteer to take comp time, vacation time,
or administrative time -off for the period of
December 23 to January 1 may do so; and
(2) If all members of a noncritical department
volunteer to take comp time, vacation time, or
administrative time -off, staff will have
permission to close that department for the
period of December 23 to January 1, 2003.
2. Other informational items, if any: None.
20. OTHER UNSCHEDULED PUBLIC APPEARANCES:
At this time, Mayor Flores called forward any members
of the public wishing to speak. No one responded.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
November 26, 2002 Page(12)
ADJOURNMENT:
There being no further business, Mayor Flores
ADJOURNED the meeting at approximately 8 :34 p.m.
r
Katy Leonard,
Certified Shorthand Reporter
CSR No. 11599
Armando Flores,
Mayor
City of Rohnert Park
*City Council /Community Development Commission/
RVil!lCrt PcLr1S F1ila11C:111g nutiiv.L i L .Y