2003/06/10 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
June 10, 2003
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. in the Council Chambers, 6750 Commerce Boulevard,
Rohnert Park, with Mayor Flores presiding.
CALL TO ORDER /PLEDGE OF ALLEGIANCE:
Mayor Flores CALLED the Regular Session to order at
6:00 p.m.
ROLL CALL:
Present: (5) Councilmembers Mackenzie, Spradlin, and
Vidak- Martinez; Vice Mayor Nordin; and
Mayor Flores
Absent: (0) None
Staff present for all or part of the Work Session: City
Manager Leivo, Finance Director Lipitz, City Attorney
Strauss, and Public Works Manager Stephens.
1. WORK SESSION - 2003 -04 BUDGET:
1. Status Reports /Staff Presentations by City Manager
Leivo and Finance Director Lipitz: Staff DISTRIBUTED
AND REVIEWED the "Budget Transmittal Summary" and the
Proposed Budget 2003 -04. Council questions and
comments included the following:
Revenues: Desire for more hotels; Request for update
on golf lease and status of trees on 11th tee of
North Course; Desire to retain afterschool programs
and RECOMMENDATION that Park and Recreation
Commission write grants for afterschool program
funding; Update on future of Southwest Fire Station;
Need to make current City Hall ADA compliant.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page (2 )
Expenditures: Dissatisfaction with salary increases
at a time of lay- offs /manner in which lay -offs were
made; Desire to augment City's motorcycle officers;
Outline of three newly created City positions/
Department heads vs. Operational Supervisors;
Structure of Public Safety Department and need to
reduce its overtime.
Reserves: Prioritization of infrastructure needs;
What is the benchmark ?; What are the City's goals ?;
Need to be mindful of health insurance costs.
Service Levels: Plans for reducing Public Safety
overtime; Recent staffing decisions done based on
financial condition of the City /Objective to
maintain services.
2. Public Comments: Mayor Flores asked if any members
of the public desired to shared comments.
Mrs. Fredericks: Requested update on the status of the old
library sale. City Manager Leivo indicated that said sale
should close this July 5th.
3. Council Discussion /Direction /Action: Councilmember
Mackenzie suggested that staff speak with Indian
tribal representatives, who are currently trying to
gain approval for building a casino on certain lands
in Petaluma, about consideration of Rohnert Park
(particularly the northwest end) as a potential
location for said casino. Councilmember
Vidak- Martinez indicated that there are limited
developable lands in the City's 20 -year General Plan.
Council CONCURRED TO DIRECT STAFF (1) to examine the
matter and (2) to report back to Council in a timely
manner.
ADJOURN TO CLOSED SESSION:
Mayor Vidak - Martinez ADJOURNED the Regular Session to
Closed Session at 7:29 p.m. to consider matters listed
on the agenda, representing an update. Council CONCURRED
to take a ten - minute recess prior to the start of Closed
Session.
REGULAR SESSION:
Mayor Vidak - Martinez ADJOURNED Closed Session at
approximately 7:50 p.m., and the Councilmembers
RECONVENED for Regular Session at approximately
8:00 P.M.
*City Council /Community Development Commission/
RohnerL Park Financing Authority
City of Rohnert
June 10, 2003
Additional staff
Session: Direct,
Services Manager
Lauchner.
Park *CONCURRENT MEETINGS MINUTES
Page (3 )
present for all or part of the Regular
Dr Public Safety Bullard, Recreation
Miller, and Finance Services Manager
PLEDGE OF ALLEGIANCE:
Mayor Flores led the pledge of allegiance.
2. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Flores reported on the Closed Session matter as
listed on the agenda.
EMERGENCY ITEM:
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak - Martinez, a motion to add to the agenda
consideration of a legal matter with Empire Waste
Management as an emergency item was UNANIMOUSLY APPROVED.
Upon MOTION by Councilmember Vidak- Martinez, seconded
by Councilmember Mackenzie, a motion to accept and approve
the Settlement Agreement with Empire Waste Management as
worked out at the May 22, 2003, Settlement Agreement
meeting, was UNANIMOUSLY APPROVED.
FOR THE RECORD, Councilmember Mackenzie expressed thanks
to Councilmember Vidak- Martinez and City staff for their
work on the Settlement Agreement with Empire Waste
Management. Councilmember Mackenzie also acknowledged the
work of the City's attorneys in this matter.
EMERGENCY ITEM:
City Manager Leivo and City Attorney Strauss shared brief
comments on the Fireworks Ordinance and the need to provide
notification to fireworks' vendors of said ordinance.
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Spradlin, a motion to add to the agenda
consideration of matters related to the Fireworks Ordinance
as an emergency item was UNANIMOUSLY APPROVED.
URGENCY ORDINANCE FOR CONSIDERATION:
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Nordin,'and APPROVED 4 -1 with Councilmember
Mackenzie dissenting, reading was waived and Urgency
Ordinance No. 699 relating to fireworks permits was
ADOPTED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page (4 )
Councilmember Vidak- Martinez thanked staff for its timely
efforts, and Councilmember Mackenzie expressed his
preference for no fireworks in the City as they are very
traumatic to pets around the Fourth of July holidays.
3. PUBLIC COMMENT:
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. No members of the
public came forward and /or submitted speaker cards.
4. STUDENT REPORTS:
1. High School - Youth Leadership of Rohnert Park:
Second meeting only.
2. SSU - Sonoma State University Associated Students,
Inc.: Jenn Wong, nearly elected ASI Liaison, shared
a brief report. Highlights included the following:
Summer school in session; JUMP and other community
service organizations on campus completed over 4000
volunteer hours; Effects of the Governor's budget
cuts on SSU. .
Councilmember Mackenzie REQUESTED that ASI representative
Wong provide Council a calendar of the Associated Students
Executive Committee meetings at the start of the fall
semester. Representative Wong noted that ASI Senate
meetings are open to all. Furthermore, Mayor Flores
REQUESTED (1) that ASI representative Wong bring copies of
SSU's The Star to Council when school resumes, and (2)
that she express congratulations to members of SSU's
administration on the new campus apartments.
5. PARK SAFETY SUBCOMMITTEE REPORT, MAY 29, 2003:
1. Council Discussion /Action: Vice Mayor Nordin shared
the contents of the staff report. Councilmember
Vidak- Martinez DISTRIBUTED AND REVIEWED copies of
her recommendations, specifically those to address
law enforcement issues at City parks. Director
Public Safety Bullard gave an overview of the steps
taken by the Department of Public Safety in response
to the recent murder at Sunrise Park. Mayor Flores
suggested the Park Safety Committee continue to work
with staff and make recommendations to Council.
Councilmember Mackenzie recommended (1) locking down
parking lots in City parks at a certain time and (2)
posting signs with Public Safety's number, 584 - 2600.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page(5 )
City Manager Leivo clarified that Council's direction is
for staff to proceed with implementation of the Park Safety
Subcommittee's recommendations, to continue the process in
hiring interim park patrols, and to pursue staffing
recommendations in Public Safety.
6. CONSIDERATION OF AMENDMENT TO ROHNERT PARK MUNICIPAL
CODE CHAPTER 9.34.020 TO PROHIBIT ALCOHOLIC BEVERAGES IN
CITY PARKS:
1. Staff Report: City Manager Leivo summarized the staff
report, and Recreation Services Manager Miller shared
brief comments on the impacts of alcohol bans in the
parks of other local cities
2. Public Comments: None.
3. Council Discussion /Action:
Ordinance for Introduction:
No. 698 AMENDING ROHNERT PARK MUNICIPAL CODE
CHAPTER 9.34.020 PROHIBITING ALCOHOLIC BEVERAGES
IN CITY PARKS
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Nordin, and APPROVED 4 -1 with Councilmember
Spradlin dissenting, reading was waived and Ordinance
No. 698 was INTRODUCED. Councilmember Spradlin expressed
her concern over the prohibition of alcohol in City parks,
largely because it punishes those who formally or
informally gather and drink alcohol responsibly in the
parks, as opposed to addressing the more prevalent problem
of underage drinking. Mayor Flores recommended that certain
gatherings be incorporated into Section D of the ordinance.
Councilmember Mackenzie expressed concern with the
enforcement aspect of the ordinance, and he REQUESTED that
Director Public Safety Bullard prepare a report on the
enforceability of the ordinance prior to the second reading
of the ordinance.
7. MOBILE HOME PARK MATTER - RANCHO FELIZ MOBILE HOME PARK
FINANCING - CONSIDERATION OF THE ISSUANCE OF REVENUE
BONDS AND THE SALE OF RANCHO FELIZ MOBILE HOME PARK TO
MILLENNIUM HOUSING:
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
June 10, 2003 Page (6 )
George Turk, President of Millennium Housing, reviewed
additional aspects of their proposal and responded to
Council comments.
2. PUBLIC HEARING: Mayor Flores opened the Public
Hearing at 9 :00 p.m. There being no members of the
public desiring to comment on this matter, Mayor
Flores closed the Public Hearing at 9:00 p.m.
3. Council Discussion /Action: Councilmembers vidak-
Martinez and Mackenzie commented on the duty of the
park owner to continue to provide housing for low -
income households in Rancho Feliz.
Resolution for Adoption:
2003 -132 APPROVING THE ISSUANCE BY THE ROHNERT PARK
FINANCING AUTHORITY OF ITS MOBILEHOME PARK
REVENUE BONDS FOR THE RANCHO FELIZ MOBILE HOME
PARK PROJECT
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading
was waived and Resolution 2003 -132 was ADOPTED.
8. CONSIDERATION OF METHOD FOR CALCULATING ANNUAL
ADJUSTMENT TO MAXIMUM ALLOWABLE PAYMENT FOR REFUSE
SERVICE:
1. Finance Department Presentation by Deborah Lauchner,
Finance Services Manager: Finance Services Manager
Lauchner reviewed the contents of the staff report.
2. Council Discussion /Direction /Action: Councilmembers
shared their perspectives on the matter, and City
Manager Leivo noted in his additional comments that
Rohnert Park has reached 61% in diversion.
Councilmember Mackenzie expressed concern with his
observation of high diesel fumes emitted from the
Rohnert Park Disposal truck exhaust stacks, and he
requested information on the age of the vehicles and
plans for their replacement.
Rick Powell, President, Rohnert Park Disposal, came forward
and noted that all of the company's trucks are tested with
the C.H.P.'s opacity test. He stated that he will speak
with the maintenance manager and PROVIDE maintenance
reports to the Council.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page (7 )
Upon MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Nordin, a motion revise the garbage contract per
staff's recommendations and through the City Attorney,
including (1) acceptance of R.P. Disposal's additional
$65,000 expense for equipment, (2) amending the garbage
contract to adopt the Refuse Rate Index (RRI), patterned
after the City of Santa Rosa's, to determine the annual
rate adjustment for service, and (3) the City's intention
to recommend no refuse rate increase for this year, was
UNANIMOUSLY APPROVED.
9. CABLE TV MATTER- CONSIDERATION OF COMCAST REBUILD -
REQUEST FOR WAIVERS:
1. City Attorney Report: City Attorney Strauss shared
the contents of the staff report.
2. Council Discussion /Direction /Action: Mayor Flores
called forward a representative from Comcast.
Comcast Regional Vice President for Governement Affairs,
2942 Dominic Drive, Castro Valley, was recognized and
outlined further requests of Comcast. He noted that
Comcast has acknowledged the City Attorney's memorandum of
June 2, 2003, regarding Comcast's request for waivers, and
he requested additional consideration on matters related to
battery back -up supply for standby power, node testing of
direct- buried cable, and the applicability of the
right -of -way ordinance. The Comcast representative
responded to a Council inquiry about accelerating the
direct - buried cable replacement schedule. He indicated
that a five -year term would be reasonable.
Staff responded to Council inquiries about other cities'
experiences with Comcast and right -of -way issues.
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, a motion to accept Comcast's
First Request for Waivers Nos. 1, 2, and 4, as outlined
in the City Attorney's memorandum and with the amendment
that No. 4 be revised to have the battery back -up standby
power meet the manufacturer's specifications for back -up
time, was UNANIMOUSLY APPROVED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page(8 )
Upon MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Flores, a motion was made to accept Comcast's First
Request for Waivers No. 3 as outlined in the City
Attorney's memorandum, agreeing to node -by -node testing of
the City's direct - buried cable to meet with FCC
requirements, and further requiring Comcast to submit a
schedule that provides for replacement of all remaining
direct - buried cable with conduit by the end of calendar
year 2008. The City Attorney made a FRIENDLY AMENDMENT
that staff draft language whereby the City would get
security for said cable replacements, and the maker of the
motion and the second agreed. Said motion, along with the
friendly amendment, was UNANIMOUSLY APPROVED.
Upon MOTION by Councilmember Mackenzie, seconded by.Vice
Mayor Nordin, in terms of Comcast's Second Request for
Waiver as outlined in the City Attorney's memorandum, a
motion to grant a waiver to Comcast from Chapter 5.34 of
Rohnert Park's Municipal Code and to permit Comcast to
proceed with the upgrade, was UNANIMOUSLY APPROVED.
FOR THE RECORD, Councilmember Mackenzie acknowledged the
efforts of City Attorney Strauss and the City's Technical
Consultant_ Jim Regan. He also noted his appreciation for
Comcast's efforts to resolve these ongoing matters, and
he REQUESTED a formal monthly report on the progress of
the upgrade to be given by a Comcast representative, to
which Comcast agreed.
10. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. ICLEI's Climate Protection Campaign Conference,
May 28 -31, 2003: Councilmember Vidak- Martinez
gave a brief report and DISTRIBUTED background
information on the activities of ICLEI. She also
showed an award the City won for conducting an
emissions inventory and forecast. Finally, she
DISTRIBUTED a document entitled, "U.S. Mayors'
Statement on Global Warming 2003," and she
REQUESTED that Mayor Flores sign said document.
Council expressed support for Mayor Flores to
sign the statement on global warming.
2. League of California Cities' North Bay Division,
May 29, 2003, meeting: Councilmember Spradlin
commented on the tour of Cotati's new police facility
and the status of Cotati's future skateboard park.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page (9 )
3. Water Advisory Committee (WAC), June 2, 2003,
meeting: City Manager Leivo commented on (1) Marin
Municipal Water District's full participation in
Section 7 efforts to preserve and enhance the Koho
salmon population in Lagunitas Creek, and (2) his
participation on a subcommittee regarding SCWA's
financial reserves. At the suggestion of
Councilmember Mackenzie, Council DIRECTED STAFF to
schedule a meeting of the Water Subcommittee to
discuss, among other things, local flood control
channel issues.
4. Executive Subcommittee, June 2, 2003, meeting:
Mayor Flores reviewed the agenda provided in the
Council packet, and he indicated that the City seal
matter will be coming before the Council soon.
Mayor Flores DIRECTED City Manager Leivo and
Councilmember Vidak - Martinez to schedule a meeting
and bring forward the City seal matter for Council
review in the near future.
5. Open Space District Advisory Committee, June 3, 2003,
meeting: Councilmember Mackenzie reiterated his
desire to serve on the Committee, and he reported on
discussions about reauthorizing the quarter -cent
sales tax, which expires in 2010.
6. Sonoma County Transportation Authority (SCTA),
June 9, 2003, meeting: Councilmember Mackenzie
reported on the following matters: (1) Anticipation
of a sales tax measure; (2) Update on Highway 101
widening projects; June 24 public meeting in Cotati
.re Rohnert Park Expressway south to North Petaluma
Boulevard; (3) Sonoma -Marin Area Rail Transit status
and REQUEST FOR INPUT on City's preference as to
which side of the railroad tracks a parallel bicycle
path should be placed.
7. Other, if any: None.
11. COMMUNICATIONS:
Communications per the attached outline were brought to the
attention of the Councilmembers. No communications were
discussed.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page (10
12. MATTERS FROM /FOR COUNCIL - INFORMATIONAL ITEMS, IF ANY:
At the request of Councilmember Vidak- Martinez, who noted a
recently unusual experience with a subcommittee assignment,
Mayor Flores DIRECTED STAFF to research and review the
City's protocols related to Council subcommittees.
13. CITY MANAGER'S REPORT:
1. Draft Sonoma County Countywide Integrated Waste
Management Plan: City Manager Leivo referred Council
to the Executive Copy of the draft plan provided to
Council. in the agenda packets. Mayor Flores DIRECTED
COUNCIL to provide any comments on the draft to the
City Manager within the next week.
2. Incorporation by Assemblyman Nation of Rohnert Park
in AB1412: City Manager Leivo briefly summarized
Rohnert Park's incorporation into AB1412.
3. Other, if any: None.
14. 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.
A. APPROVAL OF CONCURRENT MEETING MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - MAY 27, 2003
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$528,965.29
COMMUNITY DEVELOPMENT COMMISSION ILI THE AMOUNT OF:
$23,714.50
C. RESOLUTIONS FOR ADOPTION:
2003 -134 AUTHORIZING A MONTH -TO -MONTH CONTRACT FOR WATER
MONITORING SERVICES WITH CALTEST ANALYTICAL LAB
2003 -135 CALLING FOR SEALED PROPOSALS FOR GENERATOR
MAINTENANCE
2003 -136 CALLING FOR SEALED PROPOSALS FOR GOLIS PARK DOG
FENCE AREA
2003 -137 APPROVING AMENDMENT TO INTERIM AGREEMENT WITH THE
CITY OF SANTA ROSA FOR TRANSFER OF WASTEWATER
ALLOCATION
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 10, 2003 Page(11)
2003 -138 APPROVING AMENDMENT TO CONSULTANT'S SCOPE OF WORK
FOR THE STUDY FOR REMOVAL OF TWO WASTEWATER PONDS
ON CITY -OWNED PROPERTY
2003 -139 APPROVING A CONTRACT AGREEMENT WITH OLIVER
CONSULTING FOR ACTUARIAL SERVICES
2003 -140 AUTHORIZING POSITION CLASSIFICATION AND SALARY
RANGE FOR PUBLIC WORKS SERVICES SUPERVISOR (TWO
POSITIONS)
2003 -141 REJECTING THE CLAIM OF JOHN L. GAVELLO (RE
ALLEGED INJURIES FROM FALL CAUSED BY IRRIGATION
DRAIN)
2003 -142 REJECTING THE CLAIM OF DAVID CAREY (RE ALLEGED
POOL DAMAGE DUE.TO CONTAMINATION FROM GOLF COURSE
CONSTRUCTION)
D. ORDINANCE FOR ADOPTION:
No. 697 AMENDING TITLE 13 OF THE ROHNERT PARK MUNICIPAL
CODE TO INCREASE SEWER SERVICE CHARGES (SEWER USE
ORDINANCE)
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Spradlin, the Consent Calendar, as outlined
in the meeting's agenda, was UNANIMOUSLY APPROVED.
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15. PUBLIC COMMENT:
No members of the public were present.
ADJOURNMENT:
There being no further business, Mayor Flores ADJOURNED
the meeting at approximately 10:20 p.m.
Katy Leonard Armando Flores
Certified Shorthand Reporter Mayor
CSR No. 11599 City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority