2003/01/07 City Council MinutesRohnert Park City Council Special Meeting Minutes
January 7, 2003
Special Meeting
4-4�01
The special meeting of the City Council of the City of Rohnert Park was held this
date in special session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard,
Rohnert Park, with Mayor Vicki Vidak - Martinez presiding.
CALL TO ORDER:
Mayor Vidak- Martinez called the special session to order at approximately 6:05 p.m.
ROLL CALL:
Present: (5) Councilmembers Flores, Mackenzie, Nordin, Spradlin and Mayor Vidak - Martinez
Absent: (0) None
Staff present for all or part of the meeting:
Acting City Manager Donley and City Attorney Strauss.
UNSCHEDULED PUBLIC APPEARANCES:
Mayor Vicki Vidak- Martinez signified that in compliance with State Law, the Brown Act,
members of the public wishing to make a comment, may do so at this time.
Chip Worthington, 4695 Snyder Lane, commented on two concerns.
First, he expressed support of the recreational affordability for the community of having
the Crushers' Baseball games held at the Rohnert Park Stadium. He referred to this
evening's agenda item regarding the termination of the lease between the baseball league
and the city, and asked the Council to think about the premise on which the city was
founded; the average person should be able to participate in and/or attend various
recreational activities.
Secondly, Chip Worthington shared concerns regarding homelessness in the community
and asked how much the city has spent to aid homelessness. Mayor Vicki Vidak- Martinez
signified that in the previous year's budget, the City contributed $5,000 to Catholic
Charities and $5,000 to the Women's Shelter, which were discontinued last year due to
budget constraints. Mr. Worthington reviewed efforts of their church to assist the
homeless and explained his proposal requesting the City to consider opening up the former
PAL building from 6:00 p.m. to 9:00 a.m. for use by the homeless on an experimental
basis for a few months. Church representatives could make an effort to work with the
City for the City to provide the building and for the Church representatives to make sure a
simple breakfast would be provided by the private community. Efforts would not include
trying to have counseling, laundry machines, or other provisions or equipment, but simply
to provide a city building people can use who need shelter for the night.
2. Tim Danesi, 6400 Meadow Pines Ave., shared comments on the importance of the City
keeping the former Public Safety Building on Southwest Boulevard, noting that Rohnert
Park needs some sites to put Rohnert Park on the map and in the Auto Club tour book, and
that a Cultural Arts Center in an historic building could help. He indicated that there are
many community uses for this building and asked if the City would be interested in these
suggestions. Mr. Danesi also expressed regrets regarding the loss of the Crushers' Baseball
Team and suggested that a portion of the proceeds from the stadium site could be used for
a new stadium.
Mayor Vidak- Martinez referred to staff reports provided for items on the Consent Calendar,
read titles as listed on the meeting's agenda and asked if there were any questions regarding
these matters. There were none.
A. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda
B. City Resolutions for Adoption:
2003 -01 Approving the Termination of the Lease between Sonoma County
Professional Baseball, Inc. and the City of Rohnert Park and
Authorizing the City Manager to Execute the Lease Termination
2003 -02 Authorizing the Mayor to Send a Letter on Behalf of the City to the
U. S. Department of Interior Commenting on the Proposed Rule to
List the Sonoma County Distinct Population Segment of the
California Tiger Salamander as Endangered
Upon MOTION by Councilmember Flores, seconded by Vice Mayor Nordin, the CONSENT
CALENDAR as outlined on the meeting's agenda, was UNANIMOUSLY APPROVED.
1. MAYORS' & COUNCILMEMBERS' ASSN., City Selection Committee Annual Meeting,
scheduled to be held January, 9, 2003, 6:30 p.m., Sweet Lou's, 8201 Old Redwood Hwy, Cotati
Mayor Vicki Vidak - Martinez announced the above - referenced meeting with appointments to
consider (as well as Chair & Vice Chair for 2003). She referred to copies provided to Council
of numerous letters received from interested applicants.
Council discussion included recommendations for appointments as follows:
• LAFCO - to fill unexpired term of Clark Thompson (term expires 511105)
Mayor Vicki Vidak - Martinez indicated that several letters had been received indicating interest
in the appointment and alternate to the Local Agency Formation Commission (LAFCO).
Upon MOTION by Councilmember Flores, seconded by Councilmember Spradlin, to
support Lisa Schaffner for the appointment to LAFCO, was unanimously approved.
Upon MOTION by Mayor Vidak- Martinez, seconded by Vice Mayor Nordin, to support
Armando F. Flores as alternate to LAFCO, was unanimously approved.
• METROPOLITAN TRANSPORTATION COMMISSION (Sharon Wright's term expires
2/9/03) City Selection submits 3 names for Board of Supervisors consideration as representative of County
Mayor Vidak - Martinez referred to one letter received to date for this appointment and
asked if there was consensus from the City Council to support Sharon Wright's interest in
reappointment to the Metropolitan Transportation Commission. Council concurred.
• BAY AREA AIR QUALITY (Pam Torliatt's term expires 3/03)
Mayor Vidak- Martinez signified there have been no letters of interest received to date for
this appointment to Bay Area Air Quality.
• GOLDEN GATE BRIDGE DISTRICT (Mike Martini's term expires 3/03) - City Selection
makes recommendation to Board of Supervisors for approval
Mayor Vidak - Martinez signified that no letters of interest have been received to date for this
appointment to Golden Gate Bridge District.
• AIRPORT LAND USE COMMISSION (Sam Salmon's term expires 6/03)
Mayor Vidak- Martinez shared that no letters of interest have been received to date for this
appointment to the Airport Land Use Commission, however, it was her understanding that
Sam Salmon might still be interested in the appointment. She asked, if so, was there
consensus of the City Council to support the reappointment of Sam Salmon to this
Commission. Council concurred.
• REMOTE ACCESS NETWORK (RAN) BOARD - to replace Former Mayor Thompson
(one mayor serves on an on -going basis and the committee meets as needed)
Mayor Vidak - Martinez noted that no letters of interest have been received to date for this
appointment to the Remote Access Network (RAN) Board.
Discussion included confirmation by Mayor Vidak- Martinez that she would use her
discretion at the January 9th meeting with regard to the above - referenced appointments
specifically related to those that have no interest signified to date. Mayor Vidak- Martinez
acknowledged that she, Acting City Manager Steve Donley and Councilmember Flores
planned to attend the meeting and that Councilmember Mackenzie planned to attend a
portion of the meeting.
2. CITY COMMISSIONS /COMMITTEESBOARDS
a. Discussion of reorganization of Cif Commissions /Committees/Boards
Mayor Vicki Vidak- Martinez distributed her proposal for Council consideration regarding
City Commissions /Committees/Boards, noting the relationship between this item and the
next item #3 on the agenda regarding City Council Liaison Assignments which has grown
to approximately forty positions. The Mayor shared that Acting City Manager Donley and
City Attorney Strauss have indicated that other cities do not have so many Council Liaison
Assignments and explained that the purpose of her proposal is to minimize staff time and
improve efficiency.
Review of this item concluded in consensus of the City Council to agree with the Mayor's
proposal and COUNCIL CONCURRED to proceed with retention, elimination and /or
further direction for City Commissions /Committees/Boards as follows:
CITY BOARDS & COMMISSIONS
Housing Financing Authority - RETAIN
Rent Appeals Board - RETAIN
Parks & Recreation Commission - RETAIN and add two (2) members "at large" who have
a strong interest in families and children.
Families & Children - ELIMINATE
Planning Commission a RETAIN
Bicycle Advisory (BAC)- RETAIN, if necessary, for compliance with mandate from
Sonoma County Transportation Authority (SCTA) to receive funds for
bike paths. Staff was directed to proceed with research and report back
to Council on the related funding aspects and to determine if the duties
of the BAC could be handled by the Planning Commission in order to
eliminate the formal organization of the Bicycle Advisory Committee.
Cultural Arts Commission - RETAIN for the time being. For the purpose of efficiency,
Council directed staff to check into the possibility of combining efforts of
the Cultural Arts Commission with the Association for the Arts (AFTA)
and also for PAC Director Grice to check, on the possibility of combining
the efforts of this Commission with the Performing Arts Center.
Senior Citizens Advisory Commission - RETAIN
Sister Cities Relations Committee - RETAIN
Discussion included Council direction for City Attorney Betsy Strauss to proceed with
preparation of necessary ordinance amendments to enable above - signified changes to City
Commissions /Committees/Boards.
b. Review of City Commission/Committee/Board Appointment Terms expired December 31,
2002 and responses of interest to date for consideration of new appointments and /or
re appointments to be made at the January 14 2003 Council meeting
Mayor Vidak- Martinez acknowledged the copies provided to Council of the informational
matrix and Fact Sheet Applications received to date for this item.
3. CITY COUNCIL LIAISON ASSIGNMENTS - Review & revise 2002 List of City Council
Liaison Assignments for 2003 Liaison Assignments
Review of this item concluded in consensus of the City Council to agree with the Mayor's proposal
and COUNCIL CONCURRED to proceed with retention, new and/or elimination from 2002 list for
the Mayor's appointments for consideration of the 2003 City Council Liaisons as follows:
COUNCIL LIAISONS to COMMISSIONS /COMMITTEESBOARDS
Council CONCURRED with recommendation proposed by Mayor Vidak - Martinez to ELIMINATE
Council Liaison Assignments to City Commissions/Committees/Boards and proceed with
recommendations and reports coming to the full Council via Staff, annual presentations to the Council
via Commission/ Committee/Board Chairpersons, or annual joint meetings with the City Council.
CITY COUNCIL REPRESENTATION
ABAG (Association of Bay Area Governments) - RETAIN
Chamber of Commerce - DELETE
Library Issues - NEW to include:
• Library Advisory Board
• Rohnert Park Library Foundation
• Library Planning
• Sonoma County Library, etc.
Mayors' and Councihnembers' Association - RETAIN to include:
• Assignments to Ad Hoc Working Groups as needed
School District/Cities - ELIMINATE
Senior Citizen Issues - NEW to include:
• Rohnert Park Senior Center
• Senior Citizens Advisory Commission
• Senior Groups
Sonoma County Tourism/Investor's - RETAIN
Sonoma. County Transportation Authority (SCTA) - RETAIN
Water/Wasterwater - RETAIN to include:
• Sonoma County Water Agency
• Sub - Regional Wastewater System
CITY COUNCIL SUBCOMMITTEES
Economic Development - ADD
ARECORP - DELETE
Garbage - RETAIN
Cable Television - DELETE
General Plan Oversight - RETAIN
Hospital Site - DELETE
Golf Courses - RETAIN
Performing Arts Center - DELETE
Mobile Home Parks - RETAIN
Stadium - DELETE
Telecommunications - ADD
Water/Wastewater Issues - RETAIN to include:
• SCWA (Sonoma County Water Agency)
• Sub - Regional System
• State & Federal Agencies
DELETE ALL TEMPORARY COMMITTEES
Mayor Vidak - Martinez indicated that the up -dated list would be provided to Council in the morning
and requested each Councilmember to let the Mayor know their interests in the assignments by Friday
and, as in the past, she would do her best to match interests.
4. REVIEW OF COUNCIL AGENDA STRUCTURE
Mayor Vidak- Martinez reviewed her proposed agenda format changes distributed to Council
for this item. She noted that the current format has seemed unwieldy for quite a while and
that this proposal was the legal and proper way of formatting the Council meeting agenda.
Discussion of this item included comments on anticipating more study sessions and request by
Mayor Vidak - Martinez for Councilmembers to provide Acting City Manager Donley with
calendar schedules of times they would not be available to share with the Mayor, so the study
sessions could be scheduled more effectively.
Upon MOTION by Councilmember Nordin, seconded by Councilmember Mackenzie, and
UNANIMOUSLY APPROVED, to proceed with the revised Council agenda structure as
follows:
(No Times Given for agenda items except to specify the call to order time
prior to adjourning to the closed session and to
specify the time for opening the regular session)
Open Meeting
Adjourned to Closed Session
Regular Session
Pledge
Roll Call
Report on Closed Session
Scheduled Presentations
Youth Report(s)
Public Comment
Agenda Items
(Delete General Plan, list routine reports /updates on Council Communications,
and /or when necessary include under Council Reports)
Council Reports
(Delete Transportation, include under Reports)
Communications
Matters For/From Council
Consent Agenda (includes minutes)
Public Comment
Adjournment
5. RESOLUTION FOR ADOPTION:
2003 -03 Approving an Amendment to the Employment Agreement with Joseph D. Netter
(regarding resignation)
City Attorney Betsy Strauss reviewed the agreement distributed to Council with changes
requested by Mr. Netter the afternoon of January 7 and needing Council consideration at this
time. She advised that this is an amendment to the existing employment agreement with the
City Manager.
Discussion included separate motions by Council on different provisions of this Amendment to
Employment Agreement including the changes requested by Mr. Netter as follows:
A MOTION was made by Councilmember Flores to ACCEPT Mr. Netter's request to add
to Section One. Administrative Leave for Mr. Netter to retain the cell phone used by Netter
for City business during the period of Administrative Leave, seconded by Councilmember
Mackenzie with friendly amendment accepted by the maker of the motion that if there is no
past practice for retaining the laptop computer during the Administrative Leave period, then
Mr. Netter will be allowed to retain it during that period; if there is a practice regarding
retention of laptops, then that will be the condition, and if silence on the matter, then the
laptop may remain in Mr. Netter's possession during the Administrative Leave period ending
April 15, 2003. Said MOTION was APPROVED 3 -2 with Councilmembers Nordin and
Spradlin dissenting.
A MOTION was made by Councilmember Flores, seconded by Councilmember Nordin, to
DECLINE Mr. Netter's request to revise Section Three Payment B 1 Severance Settlement
Cash PaY ent, to read as follows:
1. In lieu of CITY paying NETTER a cash severance settlement equal to three (3) months,
rather than for six (b) months of NETTER's salary, benefits and deferred compensation
as provided in NETTER' S Employment Agreement as Exhibit 2 the parties agree:
(a) NETTER shall waive his claim to six months of salary, benefits and deferred
compensation and agrees to accept a cash severance settlement equal to only three
(3) months payable by CITY upon execution of this Agreement by both parties.
(b) CITY shall pay the monthly premium in an amount not to exceed Ninety -One
Dollars ($91M) for a State Farm Life Insurance policy owned by and insuring
NETTER's life in the principal amount of Two Hundred Fifty Thousand Dollars
($250,000.00) until November 11, 2022 or NETTER's demise whichever is first
to occur.
Said MOTION was APPROVED 4 -1 with Councilmember Mackenzie dissenting with
comment indicating that he will continue to go through this document with Council but would
counsel them to watch very carefully on these items and to do its very best to treat Mr. Netter
with the respect he deserves. Councilmember Nordin added that Council has done that.
Mayor Vidak- Martinez signified that the consideration of this agreement provides respect to
both Mr. Netter and the citizens.
A MOTION was made by Councilmember Mackenzie, seconded by Councilmember Flores,
to ACCEPT Mr. Netter's request to revise Section Three Payments. E. League of Cities
Conference, to read, "CITY agrees to reimburse NETTER for expenses in attending the 2003
League of California Cities, City Managers' Department Annual Conference at Monterey,
California in February 2003" for a total expenditure of approximately $1,000.00. Said
MOTION FAILED 2 -3 with Councilmembers Nordin, Spradlin and Mayor Vidak- Martinez
dissenting.
A MOTION was made by Councilmember Mackenzie, seconded by Councilmember Flores
with cow ttent relating to the difficulty of the circumstances and in recognition of the
contribution Mr. Netter has made to the community, to ADOPT Section Four. Other Benefits
including Mr. Netter's request to add item C to read, " NETTER, as an honorary citizen of
Rohnert Park, and members of his immediate family shall continue to have the right to receive
resident rates on all CITY golf courses ". Said MOTION FAILED 2 -3 with Vice Mayor
Nordin, Councilmember Spradlin and Mayor Vidak- Martinez dissenting with comment by
Ms. Spradlin that she can appreciate wanting to give Mr. Netter honorary citizen recognition,
however, since he and the City Council had previously agreed to the terms of the contract, her
concern was that this was not brought up in that time frame. Councilmember Mackenzie
noted that there were four Councilmembers at the previous Friday meeting, which
Councilmember Spradlin was not able to attend, and he believed what the Council is doing
now in open session is in the spirit of what was happening on Friday.
City Attorney Strauss shared modified language of Section 5, page 4, indicating that these are
not money issues but relationship issues, which she modified from recommendations previously
made and brought forward to Council at this time, including the provision that city council
members may provide letters of reference to assist Mr. Netter in obtaining comparable
employment upon his written request, confidentiality of Mr. Netter's personnel employment
records as required by applicable law, and that the City will not interfere with his rights and
entitlements under the terms of the amended agreement. COUNCIL CONCURRED.
City Attorney Strauss referred to Section 6. Indemnification and explained that the employment
agreement is now being a needed at the end of the process and it was her opinuon that it has to
be made clear that there are not two agreements, since you cannot have both. So, this section
includes saying that Mr. Netter is waiving claims and there would be enforcement as a contract
if there is some sense of breach. Ms. Strauss responded to Council comments confirming that
this is an amendment to the employment agreement, effective as of the 3rd day of January
2003, even though signed on another date.
City Attorney Strauss reviewed the next two sections, 7 and 8, prior to Council action.
Ms. Strauss explained that Section 7. Employment Agreement was for the purpose of dispute
resolution rather than litigation. City Attorney Strauss reviewed Mr. Netter's request for
Section 8 which read, "It is the intention of CITY and NETTER that this Amendment provide
the entire agreement of the Parties and that, therefore, it is unnecessary and inappropriate for
either CITY or NETTER to make verbal or written comments concerning the professional or
personal status of the other ". Ms. Strauss responded to Council questions and indicated that
if there is any concern at all about this provision, she would take it out since the law provides
a procedure for defamation claims.
A MOTION was made by Mayor Vidak- Martinez to proceed with language as recommended
by City Attorney Strauss for Section 7, seconded by Councilmember Flores with comment
including recognition of the alternate source of the American Arbitration Association, and
APPROVED 3 -2 with Vice Mayor Nordin and Councilmember Spradlin dissenting.
A MOTION was made by Councilmember Mackenzie not to include the language signified in
the above - reviewed Section 8, as recommended by the City Attorney, seconded by
Councilmember Flores with comment to share with Mr. Netter that Council did not want to
make a difficult situation worse and wished him success in his future endeavors, and
UNANIMOUSLY APPROVED.
City Attorney Strauss requested Council action on Section 5 regarding relationship issues.
A MOTION was made by Councilmember Flores, seconded by Mayor Vidak- Martinez, to
include City Attorney recommended language on Section 5 regarding relationship issues, and
UNANIMOUSLY APPROVED.
Discussion followed during which Council comments included:
• Councilmember Flores concluded that the revisions considered at this meeting do not
deviate significantly from the agreement previously reviewed.
• Councilmember Mackenzie expressed concern on his part about what was said about
Mr. Netter this weekend related to last Friday's discussion, as reported in the newspaper.
He was hoping this evening that there would be a spirit amongst the Council that would
enable having an agreement that would be settled this evening, but he was not going to vote
on this agreement as presented.
• Vice Mayor Nordin shared that the Council discussed this agreement quite extensively and
all agreed to what we agreed and Mr. Netter verbally agreed to it. That is then a verbal
contract and then to talk it over again is unacceptable.
• Mayor Vidak - Martinez signified that though she agreed to some revisions, she has
supported the agreement substantively.
• Councilmember Spradlin adamantly agreed that everyone should adhere to the previously
agreed upon contract.
Resolution for Adoption:
2003 -03 APPROVING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT
WITH JOSEPH D. NETTER
A MOTION was made by Councilmember Flores, seconded by Mayor Vidak- Martinez, to
ADOPT Resolution No. 2003 -03 directing the City Attorney to proceed with separate
revisions approved during this meeting, and FAILED 2 -3 with Councilmember Mackenzie,
Vice Mayor Nordin and Councilmember Spradlin dissenting.
A MOTION was made by Councilmember Flores, seconded by Vice Mayor Nordin, to
ADOPT Resolution No. 2003 -03 approving the original agreement as presented on Friday,
January 3, 2003 with the exception of including necessary legal terms as recommended by
the City Attorney, and APPROVED 4 -1 with Councilmember Mackenzie dissenting.
Mayor Vidak - Martinez requested City Attorney Strauss to contact Mr. Netter tomorrow
morning regarding execution of this amendment. The Mayor recommended a sunset time
for Mr. Netter to sign the amendment to the agreement. Vice Mayor Nordin recommended
no longer than 24 hours starting 8:00 a.m. on Wednesday to 8:00 a.m. on Thursday.
COUNCIL CONCURRED.
6. SELECTION PROCESS FOR NEW CITY MANAGER
Mayor Vicki Vidak - Martinez noted that the first need in the selection process for a new City
Manager is to publicize. She acknowledged her understanding that it is improper to ask staff
to be involved in the hiring of the City Manager, so she requested Acting City Manager Steve
Donley to prepare a simple ad for the time being with proposed February 15, 2003 deadline.
Discussion of this item included review of sample brochure provided by Acting City Manager
Steve Donley and concluded in COUNCIL CONCURRENCE with recommendation by
Mayor Vidak- Martinez, for Acting City Manager Donley to proceed with distributing the
generic display ad for the new City Manager.
Mayor Vidak - Martinez shared that the next steps would include securing an initial screening
committee. Then Council consideration of finalists, including background checks, and
establishing a timetable for interviews and final selection. The Mayor recommended that the
screening committee be made up of Acting City Manager Donley, City Attorney Strauss,
herself and another Councilmember.
City Attorney Strauss responded to Council question asking if it is appropriate for Acting
City Manager Donley to be involved in this process that it would be entirely up to Council.
Vice Mayor Nordin offered to be on the screening committee.
Mayor Vidak - Martinez asked the Council if the above - reviewed process sounds advisable.
COUNCIL CONCURRED.
ADJOURNMENT: 'There being no further business, Mayor Vicki Vidak - Martinez adjourned
the special meeting at approximately 8:10 p.m.
ICIL6
Jud au ep uty Ci erk Vicki Vidak- Martinez, Mayor
JH- h:010703 Minutes - Special Meeting- RPCity Council