2002/05/14 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
ROHNERT PARK DISTRICT
CONCURRENT MEETINGS WORK SESSION MINUTES
for
BUDGET WORK SESSION
May 14, 2002
Tuesday
The concurrent meetings of the City of Rohnert Park
for the City Council, Community Development Commission,
Rohnert Park.Financing Authority, and the Rohnert
Park District met this date for a work session open to
the public to discuss the 2002 -03 Water & Sewer Rate
Increases. The work session commenced at approximately
5:30 p.m. in the Conference Room, 6750 Commerce Boulevard,
Rohnert Park, with Mayor Flores presiding.
CALL TO ORDER:
Mayor Flores called the work session to order at 5:34 p.m.
ROLL CALL:
Present: (4) Councilmembers Mackenzie, Reilly and
Vidak- Martinez; and Mayor Flores.
Absent: (0) None.
Councilmember Mackenzie ARRIVED at 5:38 p.m. due to
illness.
Staff present for all or part of the meeting: City
Manager Netter, City Attorney Strauss, Assistant City
Manager Donley, Finance Director Lipitz, Public Works
Manager Stephens, and Finance Services Manager
Lauchner.
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. No members of
the public came forward to speak.
City of Rohnert Park
May 14, 2002
I. WATER RATE INCREASE:
*CONCURRENT MEETINGS MINUTES
Page ( 2 )
1. Staff Report: Finance Director Lipitz shared
information regarding the Water Rate Increase.
2. Council Discussion: Staff responded to Council
inquiries. Council CONCURRED TO DIRECT STAFF
(1) to check with the City of Santa Rosa City
Manager regarding a "test cycle" of metered water
billing; (2) to keep the City of Santa Rosa fully
apprised of the status of the City's water rate
increase; and (3) to do an analysis on the transfer
of monies from the Water Connection Fund to the
Water Operating Fund.
II. SEWER RATE INCREASE:
1. Staff Report: Finance Director Lipitz shared
i14 coatioil reg ca r. d..L llg file Water Rate increase.
2. Council Discussion: Councilmembers shared their
perspectives on the Sewer Rate Increase, and
Council discussion concluded with Council
CONCURRENCE to support a five - percent (5 %) increase
in the sewer fees subject to an annual review.
Furthermore, Council CONCURRED TO DIRECT STAFF to
present a follow -up report on the 2002 -03 Water &
Sewer Rate Increase at the May 28, 2002, Council
meeting.
III. PUBLIC COMMENTS:
Members of the public were invited by Mayor Flores to
come forward and speak. No members of the public came
forward.
IV. ADJOURNMENT:
There being no further business, Mayor Flores
ADJOURNED the Work Session at approximately 6:10 p.m.
Katy Leonard,
Certified Shorthand Reporter
CSR No. 11599
A__Y.2m�-��.�
Armando Flores,
Mayor
City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority /Rohnert Park Distr:i.ct.
CITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
May 14, 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
7:15 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
7:15 p.m. and led the pledge of allegiance.
ROLL CALL:
Present: (4) Councilmembers Mackenzie and
Vidak- Martinez; Vice Mayor Reilly;
and Mayor Flores
Absent: (0) None
Staff present for all or part of the meeting: City
Manager Netter, City Attorney Strauss, Assistant City
Manager Donley, Planning and Community Development
Director Kaufman, City Engineer Gaffney, Finance Director
Lipitz, and Public Works Manager Stephens.
WORK SESSION:
A Work Session was held at 5:30 p.m. in the Conference
Room to discuss the 2002 -03 Water & Sewer Rate Increase.
MOMENT OF SILENCE:
Mayor Flores requested a moment of silence in memory of
Vernon Avila, a well known architect in Sonoma County.
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.
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(2 )
PERSONNEL MATTERS:
1. Rohnert Park Public Safety Officers' Association
JRPPSOA), Rohnert Park Public Safety Dispatchers
and Rohnert Park Employees Association (RPEA)
negotiations with Consultant Lee Finney Personnel
Manager Pamala Robbins and Finance Director Sandy
Lipitz: Nothing to report.
LITIGATION MATTERS:
1. South County Resource Preservation Council vs
City of Rohnert Park: Nothing to report.
REAL ESTATE NEGOTIATIONS:
1. Lands Around Stadium: Nothing to report.
2. APPROVAL OF CONCURRENT MEETING:,' MINUTES FOR:
JOINT SESSION WITH COTATI- ROHNERT PARK UNIFIED SCHOOL
DISTRICT - APRIL 10, 2002
REGULAR CONCURRENT CITY MEETINGS - APRIL 23, 2002
SPECIAL MEETING TO REVIEW APPLICANTS TO FILL COUNCIL
VACANCY - APRIL 26, 2002
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Mayor Flores, the Minutes from the Joint Session with
Cotati - Rohnert Park Unified School District of April 10,
2002; the Minutes from the Regular Concurrent City
Meetings of April 23, 2002; and the Minutes from the
Special Meeting to Review Applicants to Fill Council
Vacancy of April 26, 2002, were UNANIMOUSLY APPROVED
AS AMENDED, with Vice Mayor Reilly ABSTAINING from the
Regular Concurrent City Meetings Minutes of April 23,
2002:
* Councilmember Mackenzie: Joint Session Minutes,
Creekside Middle School Annexation, add a clarifying
sentence as follows: "It is the intention of the City
and the School District to work together to implement
the General Plan policies dealing with school district
boundary changes."
* Councilmember Vidak- Martinez: Regular Concurrent City
Meetings Minutes, Page 8, Line 5, after the word
"construction estimate" add the words "regarding the
City Center Plan." Next, Page 10, line 11 and line 18,
under " Councilmember Vidak- Martinez," add the word
"cuts and adjustments" after "budget" for clarification.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002
Thirdly, Page 13, Item 14, Section 3, amend "Jan
Heffron" to read "Ann Huber" as the Assistant
Superintendent of the Cotati - Rohnert Park Unified
School District.
*Vice Mayor Reilly: Special Meeting Minutes, Page 5,
top of page, add a paragraph as follows: "Upon
MOTION by Vice Mayor Reilly, seconded by Councilmember
Mackenzie, a motion was made to fill the City Council
vacancy with the first runner -up in the last General
Municipal Election. Said motion FAILED 2 -2 with
Councilmember Vidak- Martinez and Mayor Flores
dissenting."
3. COUNCIL COMMUNICATIONS, IF ANY (INFORMATIONAL ONLY):
Mayor Flores asked the Councilmembers if there were any
informational communications to add to the agenda.
* Councilmember Vidak- Martinez: Called attention to
a fax in the Council packet from the Sonoma County
Department of Emergency Services regarding the
Emergency Management Program; Indicated (1) that she
has been in contact with members from the Board of
Supervisors to determine how Rohnert Park fits in
on the County level per emergency preparedness, and (2)
that she can get more copies of the fax for Council
if needed.
*Mayor Flores: Called attention to two items for
consideration at a future Council meeting: (1)
Direction of Department of Public Safety regarding
an issue with neighborhood basketball hoops; and (2)
A review of the City's fireworks policy under "Matters
from /for Council."
4. YOUTH REPRESENTATIVE TO THE CITY COUNCIL FROM HIGH
SCHOOL YOUTH LEADERSHIP OF ROHNERT PARK SELECTIONS:
1. Recognizing Youth Representative(s): None present.
*_Youth Report /Comments if any: No reports /comments
shared.
2. Other Youth Comments, if an v: Mayor Flores noted
that Youth Rep Ryan Inlow and Recreation Director
Barry will be making a presentation to the Council
at an upcoming meeting regarding the Youth Teen
Center.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(4 )
5. SONOMA STATE UNIVERSITY ASSOCIATED STUDENTS, INC.,
REPRESENTATIVE:
1. Recognizing SSU ASI Representative Travis Tabares:
ASI Representative Tabares was recognized.
2. SSU ASI Report /Comments if an ASI Representative
Tabares reported on several events /issues, with
highlights including the following:
(1) DISTRIBUTION of The Star and Newsbytes;
(2) DISTRIBUTION and REVIEW of Year -End Report for
JUMP and attendance report for Associated
Students Productions (ASP);
(3) SSU mascot change underway;
(4) Results of student body elections;
(5) Sports update;
(6) Introduction of Jamie Holian, new Vice
President of University Affairs, followed
by brief comments from Ms. Holian.
Council thanked ASI Representative Tabares for his
efforts as liaison with the Council.
6. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Deborah Liliquist 1021 Golf Course Drive
Requesting a traffic signal on Golf Course Drive
at Golf Course Drive and Honeybee Park entrance:
Ms. Li.liquist REQUESTED that Council take action to
put a four -way stop sign at Golf Course Drive and
Honeybee Park as a means of slowing down the traffic
there and Clenerati n r— or -1-,- n . 4. . . - I- _______,_
g even ivy +Ull= � .LUY 1.11LUUCY.11
the issuance of tickets for traffic violations. She
read a letter to the editor from last week's_
Community Voice that outlined the dangerous
conditions at that intersection and the difficulties
in getting an effective response from the Department
of Public Safety.
Council CONCURRED TO DIRECT STAFF to prepare a report and
give direction to the City Council at the next meeting.
City Manager Netter noted that City Engineer Gaffney has
funds budgeted for traffic- calming measures and will be
reviewing that specific intersection in an effort to
provide mitigation by this summer.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(5 )
At this time, Mayor Flores called forward a citizen
desiring to speak on.this matter.
1. Sally Caveney, 1033 Golf Course Drive, was recognized
and explained how she and her children are afraid to
cross the intersection at Golf Course Drive and
Honeybee Park. She added that not only have she and
her children almost been hit, but two individuals have
also been hit in front of her home. She noted that
often drivers in the back do not realize that the
driver at the intersection has pedestrians in front of
his /her vehicle.
2. Presentation by Ed Brauner, Assistant City Manager,
City of Santa Rosa on Santa Rosa Subregional
Wastewater System - Update: Assistant City Manager
Brauner provided Council with a brief update on the
Santa Rosa Subregional Wastewater System, the
Geysers Recharge project, and the general operation
of the system, and he responded to various Council
inquires.
At this time, Mayor Flores called forward a citizen
desiring to speak on this matter.
1. Dr. Rav Aronow 1021 Golf Course Drive, was recognized
and stated that he has made a study of water issues in
relation to one of the local county agencies. In terms
of that study, he discussed two issues: (1) Leakage
from the sewer systems, and (2) Toxins that get into
the water systems. He urged the City of Rohnert Park,
as one of the smaller communities in Sonoma County, to
lead the way in education and conservation.
3. Presentation by Consultants MBIA MuniServlces
Company, re ardin Rohnert Park Economic Overview:
Mr. Jerry Peeler with MBIA MuniServices DISTRIBUTED
AND REVIEWED an updated version of his PowerPoint
presentation entitled, "Rohnert Park: Economic
Overview Presentation to Rohnert Park City Council,
May 14, 2002." He discussed the City's sales tax
audits over several years, the City's current sales
tax revenues, and strategies for retaining sales tax
generators.
Council Discussion /Direction: Councilmembers
thanked Mr. Peeler and indicated that this
information would give them direction as they focus
on economic development.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(6 )
7. 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. Al Barr, 5746 Dexter Circle, was recognized and stated
that Cal OSHA's response, dated May 6, 2002, to the
validity of his proposed noise ordinance lacks total
justification, merit, and support of content. He noted
that the reply does not explain what part of Title 8,
California Code of Regulations, Section 1592 is
specifically in conflict with his proposed ordinance.
He urged Council to agendize the matter within a month;
to set up an informal meeting or a presentation to
Council by Cal OSHA's Chief Counsel, Michael D. Mason,
to explain the response; and to read Section 1592 in
its entirety
Council CONCURRED TO DIRECT City Attorney Strauss to
review Cal OSHA's response and to make a recommendation to
Council.
2. Greg Nordin 4590 Fairway Drive, was recognized and
urged the Council to take more forceful action against
Empire Waste Management regarding alleged underpayment
of franchise fees. He inquired about Waste
Management's reporting of the receipts, about whether
and audit had been done, and about penalties and
years covered under the City's proposed settlement.
At the request of Mayor Flores, Mr. Nordin SUBMITTED to
Council a letter regarding this matter.
8. 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 three Consent. Calendar items for r
further discussion as follows: Resolution No. 2002 -76 per
Councilmember Mackenzie's recommendation, Resolution No.
2002 -77 per Mayor Flores' recommendation; and Resolution
No. 2002 -91 per Councilmember Vidak- Martinez'
recommendation.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(7 )
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
$775,076.88
*COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$568,491.48
C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END,
MARCH 31, 2002, CONCURRENTLY FOR:
*CITY OF ROHNERT PARK /CITY COUNCIL
*COMMUNITY DEVELOPMENT COMMISSION
* ROHNERT PARK FINANCING AUTHORITY
D. Resolutions for Adoption:
2002 -78 SUPPORTING THE AMERICAN LUNG ASSOCIATION OF
CALIFORNIA CLEAN VEHICLE RESOLUTION
2002 -79 PROCLAIMING MONDAY, JUNE 3, 2002, "COMMUNITY
WATERSHED CLEAN -UP DAY" (FORMERLY CLEAN UP
COPELAND CREEK DAY)
2002 -80 AUTHORIZING AND APPROVING AMENDMENT NUMBER TWO
TO THE LEASE AGREEMENT FOR THE OFFICES OF THE
CITY'S BUILDING DEPARTMENT AT 120 AVRAM AVENUE
2002 -81 AUTHORIZING AND APPROVING AN AGREEMENT WITH
WILLIAM TALLEY FOR BACK -UP BUILDING CODE FIELD
INSPECTION SERVICES
2002 -82 AUTHORIZING AND APPROVING AN AMENDMENT TO THE
FEE SCHEDULE FOR CONTRACT AGREEMENT WITH
CORNERSTONE STRUCTURAL ENGINEERS, INCORPORATED,
FOR PLAN REVIEW SERVICES
2002 -83 ADOPTING FEES FOR THE MAILING AND DUPLICATION OF
CITY COUNCIL AGENDA PACKETS
2002 -84 APPROVING PARCEL MAP NO. 170 ACCEPTING
DEDICATION FOR PUBLIC USE (CIVIC CENTER AREA)
AND AUTHORIZING THE MAYOR TO EXECUTE
2002 -85 AUTHORIZING THE EXECUTION OF DEEDS FOR SURPLUS
WELL SITES (A.P. Nos. 160 -40 -025, 160 -40 -054,
047 -44 -038, 143 -04 -057)
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(8 )
2002 -86 DECLARING 6600 HUNTER DRIVE ("OLD LIBRARY
BUILDING) SURPLUS REAL ESTATE PROPERTY
2002 -87 CALLING FOR REQUEST FOR PROPOSALS FOR BROKER
SERVICES FOR THE SALE OF 6600 HUNTER DRIVE
(OLD LIBRARY BUILDING)
2002 -88 CALLING FOR SEALED PROPOSALS FOR WATER
MONITORING SERVICES FOR RESIDENT DRINKING WATER
2002 -89 MAKING A DETERMINATION OF PUBLIC CONVENIENCE FOR
HEARTS DESIRE CHOCOLATES LOCATED AT 101 GOLF
COURSE DRIVE, SUITE C -8
2002 -90 AUTHORIZING STAFF TO NEGOTIATE A CONTRACT FOR
NETWORK DIGITAL COPIERS FOR ALL CITY FACILITIES
THAT BEST MEETS CITY OF ROHNERT PARK NEEDS
WITHOUT INCREASING THE AMOUNT BUDGETED
2002 -92 PROCLAIMING THURSDAY, MAY 16, 2002, "BIKE TO
WORK DAY"
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Reilly, with the exception of Resolution Nos.
2002 -76, 2002 -77, and 2002 -91, the Consent Calendar, as
otherwise outlined on the meeting's agenda, was
UNANIMOUSLY APPROVED.
Item for Consideration:
2002 -76 HONORING ROBIN BLECKWEHL, PRESIDENT /CEO, ROHNERT
PARK CHAMBER OF COMMERCE, UPON THE OCCASION OF
HER RETIREMENT
Councilmember Mackenzie commended the work of
Ms. Bleckwehl as the leader of the Chamber of Commerce,
and he noted that there will be a celebration on May 31,
2002, in her honor.
Upon MOTION by Councilmember Mackenzie, seconded by Vice
Mayor Reilly, Resolution 2002 -76 was UNANIMOUSLY APPROVED.
Item for Consideration:
2002 -77 HONORING DANNY WILLIAMS UPON THE OCCASION OF HIS
RETIREMENT FROM THE DEPARTMENT OF PUBLIC WORKS
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(9 )
Mayor Flores thanked Mr. Williams for 12 years of service
and noted that he will be honored at an appropriate
occasion.
Upon MOTION by Mayor Flores, seconded-by Vice Mayor
Reilly, Resolution 2002 -77 was UNANIMOUSLY APPROVED.
Item for Consideration:
2002 -91 APPROVING SETTLEMENT AGREEMENT, MUTUAL GENERAL
RELEASE, AND COVENANT NOT TO SUE WITH EMPIRE
WASTE MANAGEMENT, a.d.b.a. WASTE MANAGEMENT.
RECYCLING AND COLLECTION, INC.
Councilmember Vidak- Martinez expressed concerns about
discrepancies, the lack of information the City has been
able to discover, and the problem of comparing receipts.
She recommended that the City take a closer look at this
matter, particularly at this time in the City's budget.
Staff responded to Council questions, and Council
CONCURRED TO DIRECT STAFF to get a proposal from
Consultant Bob Hilton on the cost of a thorough audit
with scope of examination and likelihood of
availability of records.
Upon MOTION by Councilmember Mackenzie, seconded by
Councilmember Vidak- Martinez, a motion to defer action
on Resolution No. 2002 -91 was UNANIMOUSLY APPROVED.
*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
9. WEED ABATEMENT - CONSIDERATION TO ABATE WEEDS WHICH ARE
GROWING WITHIN THE CITY BOUNDARIES WHICH POSE A FIRE
HAZARD AND HEALTH MENACE AND ARE OTHERWISE NOXIOUS AND
DANGEROUS AND CAUSE A PUBLIC NUISANCE:
1. Staff Report: City Manager Netter summarized the
contents of the staff report.
2. PUBLIC HEARING - for property owners having
ob'ections to the..-pro-posed destruction or removal of
above - described weeds:
Mayor Flores OPENED the Public Hearing at 9:10 p.m. There
being no member of the public interested in speaking,
Mayor Flores CLOSED the Public Hearing at 9:10 p.m.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(10)
3. Resolution for Adoption:
2002 -93 ORDERING THE CITY MANAGER TO ABATE NUISANCES
EXISTING WITHIN THE CITY OF ROHNERT PARK
Upon MOTION by Councilmember Vidak- Martinez, seconded
by Councilmember Mackenzie, Resolution 2002 -93 was
UNANIMOUSLY APPROVED.
10. GOLF COURSE CONSTRUCTION - FOXTAIL NORTH GOLF COURSE
RENOVATIONS - UPDATE:
City Manager Netter shared brief comments about the new
contractor for the North Course, and John Theilade and
Dick Rudolf from CourseCo gave a brief presentation
on the North Course renovations. Mr. Rudolf noted that
CourseCo will be coming back in the future with a
proposed plan regarding access to the golf course.
14. PLANNING AND ZONING MATTERS: [Out of order.]
Mayor Flores stated that Agenda Item 14 would be taken
out of order to accommodate Councilmember Mackenzie, who
was ill this evening.
1. Greg LeDoux Application for the Creekwood Project -
City Council consideration of status of Project
including applicant's request for new public
hearing, applicant's re- submittal of Project
application, and discussion of other issues if any:
City Manager Netter referred Council to the letter
received today,,f-rom Mr. LeDoux that requests a
withdrawal of the applicant-1(z :rzrr „Act- for
rehearing of the project until it can be heard by
a full five - member Council. Council ACKNOWLEDGED
receipt of the letter and said withdrawal.
MEETING NOTE:
Councilmember Mackenzie LEFT the meeting at approximately
9:25 p.m. due to illness.
11. KISCO RETIREMENT COMMUNITIES (KRC) - CONSIDERATION OF
FIRST AMENDMENT TO AMENDED AND RESTATED GROUND LEASE
WITH KISCO:
1. Staff Report: Assistant City Manager Donley shared
the contents of the staff report regarding the lease
of excess public right -of -way to Kisco.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(11)
2. Council Discussion /Action:
Resolution for Consideration:
2002 -94 APPROVING FIRST AMENDMENT TO AMENDED AND
RESTATED GROUND LEASE WITH KISCO RETIREMENT
COMMUNITIES AND AUTHORIZING THE CITY MANAGER TO
SIGN THE AMENDMENT
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Reilly, Resolution 2002 -94 was APPROVED 3 -0 -1
with Councilmember Mackenzie absent.
12. TIMELINE OPTIONS FOR BALLOT MEASURES ON NOVEMBER 5,
2002, ELECTION - REVIEW:
Assistant City Manager Donley shared the contents of the
staff report provided to Council in the agenda packets.
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Vidak- Martinez, a motion to proceed with
staff's recommendation of Option 2 as outlined in the
staff report was APPROVED 3 -0 -1 with Councilmember
Mackenzie absent. Mayor Flores noted that he will be
out of state from July 25 - August 3, 2002, and he
REQUESTED that a Special Meeting to finalize tax
information for the November, 2002, ballot be scheduled
after August 3, 2002.
13. NEW CITY HALL PROJECT:
1. Council Committee (AF /JM) /Staff Update: Mayor
Flores referred Council to his letter which
recommends that the construction of the new city
hall be deferred so that the City can focus on
economic development programs and voter support
for November ballot measures.
2. Review of Construction Bids Received: As outlined
in the previous staff report.
3. Options for Council Consideration:
a. Reject all Bids: Action as follows.
b. Award Bid to Lowest Responsible Bidder - Alten
Construction: No action taken.
c. Authorize the Sale and Lease Back of Old City
Hall Site to Community Development Commission
for Affordable Housing Project: No action taken.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(12)
Resolution for Consideration:
2002 -95 REJECTING ALL BIDS, ROHNERT PARK CITY HALL,
PROJECT NO. 1999 -03
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Reilly, Resolution 2002 -95 was APPROVED 3 -0 -1
with Councilmember Mackenzie absent.
14. PLANNING AND ZONING MATTERS: [Continued.]
2. Van Logan request submitted to approve "will serve"
letter for a single sewer connection for the parcel
on the northwest corner of Keiser and Petaluma Hill
Roads (A.P. No. 045 - 261 -001):
a. Staff Report: Planning and Community Development
Director Kaufman shared the contents of the staff
report and responded to Council C�ue`.�'t1OIlS.
b. Council Discussion /Action: Councilmembers shared
their perspectives on this request and concluded
with Council CONCURRENCE to postpone action on the
matter and send it to the General Plan
Implementation and Oversight Committee for review
.and recommendations.
Resolution for Adoption:
2002 -_ APPROVING A "WILL SERVE11 LETTER (FOR A SINGLE
SEWER CONNECTION) FOR THE PARCEL ON THE
NORTHWEST CORNER OF KEISER AND PETALUMA HILL
ROADS (A.P. No. 045 - 261 -001)
No action taken.
RECESS: Mayor Flores declared a recess at
approximately 9:49 p.m.
RECONVENE: Mayor Flores reconvened the Council at
approximately 9:55 p.m. with all of the
Councilmem'rers present except Councilmember
Mackenzie.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(13)
15. GENERAL PLAN IMPLEMENTATION PROGRAM - MATTERS RELATED
TO THE GENERAL PLAN PROCESS, IF ANY:
1. Annual Policy Review of the Growth Management
Program: Item DEFERRED by Council.
2. Legislative History and Analysis of UGB Measure
and Unit Allocation: Item DEFERRED by Council.
3. Other, if any: None.
16. COMMUNITY DEVELOPMENT COMMISSION /REDEVELOPMENT AND
CITY COUNCIL ITEM RE DISCLOSURE OF FINANCIAL INTERESTS
WITHIN REDEVELOPMENT PROJECT AREA:
City Attorney Report: City Manager Netter summarized
the contents of City Attorney Strauss' memo.
Councilmember Vidak- Martinez SUBMITTED AND SUMMARIZED
her letter of disclosure per the provisions of
redevelopment law relating to conflict of interests.
17. COMMUNITY DEVELOPMENT COMMISSION MATTER -
CONSIDERATION OF CONTRACT AGREEMENT WITH COTTON
BRIDGES & ASSOCIATES FOR FIVE -YEAR REDEVELOPMENT PLAN
UPDATE:
1. Staff Report: Assistant City Manager Donley
summarized the contents of the staff report.
2. Commission Discussion /Action:
CDC Resolution for Adoption:
2002 -04 AUTHORIZING AND APPROVING CONTRACT AGREEMENT
WITH COTTON BRIDGES & ASSOCIATES FOR FIVE -YEAR
REDEVELOPMENT PLAN UPDATE
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Vice Mayor Reilly, CDC Resolution 2002 -04 was
APPROVED 3 -0 -1 with Councilmember Mackenzie absent.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(14)
18. COUNCIL COMMITTEE AND /OR OTHER. REPORTS:
1. Economic Development Committee May 1, 2002
meeting: Councilmember Vidak- Martinez reported that
the Committee discussed the next steps in
economic development for the City and determined
that a consultant would be helpful in assessing the
internal climate of the City and identifying
industry clusters.
Authorization for Recruest for Proposals /Council
Action: Upon MOTION by Councilmember
Vidak- Martinez, seconded by Vice Mayor Reilly, a
motion to approve authorization for RFP's was
APPROVED 3 -0 -1 with Councilmember Mackenzie absent.
2. Mayors' & Councilmembers' Association May 9 2002
General Meeting: Mayor Flores summarized the three
matters covered by guest speaker Assemblyman Toe
Nation: SMART, the rail transit system; an ABAG
matter; and the State budget.
3. Other, if any: None.
19. TRANSPORTATION MATTERS:
1. Sonoma County Transportation Authority (SCTA)
May 13, 2002, meeting: Council CONCURRED TO DEFER
this item to the next meeting. City Manager Netter
directed Council to City Engineer Gaffney's report
on the meeting provided in the agenda packet.
2. Other, if any: None.
EXTEND COUNCIL MEETING:
Upon MOTION by Vice Mayor Reilly, seconded by
Councilmember Vidak- Martinez, a motion to extend the
meeting past 10:00 p.m. to finish necessary agenda items
was APPROVED 3 -0 -1 at approximately 10:05 p.m. with
Councilmember Mackenzie absent.
20. COMMUNICATIONS:
Communications per the attached outline were provided to
the Councilmembers. No communications were discussed.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(15)
21. MATTERS FROM /FOR COUNCIL:
1. Youth and Family Services and other budget matters:
On behalf of Councilmember Mackenzie, Mayor Flores
noted the following: (1) He is very interested
in having the resources of the Families and
Children Commission (FACC) used to refer
individuals to non - profit agencies that can be of
benefit in light of the City's cut in said services;
(2) Councilmember Vidak- Martinez has expertise in
in this field; and (3) He will work and support the
Commission in its efforts to recommend alternatives
for youth and family services.
2. Library Update and Council Tour: INFORMATIONAL.
Fundraising Event, August 30, 2002, 6.00 -9:00 p.m.
Ribbon Cutting /Public Viewing August 31, 2002,
11.00 a.m. to 3:00 p.m.
3. Other informational items, if any: None.
22.. CITY MANAGER'S REPORT:
1. Sonoma L A F C O (Local Agency Formation
Commission) May 1 2002, meeting 2002 -03 Proposed
LAFCO Budget, Fee Schedule, Funding Allocations:
City Manager Netter reported that this information
has been provided to Council for informational
purposes. He noted that cities were given little
time to provide input into the proposed LAFCO
budget.
2. Golf Course Issues: City Manager Netter reported
that the Golf Course Committee voted 3 -2 this
morning to defer any action on the matter of the use
of private carts on the golf course, with said
matter now going to the Parks and Recreation
Commission for consideration. He also noted that
staff's recommendation at the time is that both
courses come under full operation prior to
reexamining the issue.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
May 14, 2002 Page(16)
At this time, Mayor Flores called forward a citizen
desiring to speak on this matter.
1. Wayne Thush, 4400 Hollingsworth Court, was recognized
and stated that a growing number of residents,
approximately 1400, have had their right to use their
private golf carts on the courses taken away. He
stated that this group of residents urges the City
to reconsider the issue now, rather than in six years
when the right to use private golf carts on the
courses expires completely for all residents.
Furthermore, he noted that this group of residents will
be requesting that Council agendize in the near future
reconsideration of the private golf cart issue under
the current lease.
3. Update on City Lot Sales: City Manager Netter
reported on the success of the City's recent public
aurii nn. _ Counn_i,.lme were thanked Assistant C:1ty
Manager Donley for his efforts, and former Mayor
Jimmie Rogers for donating his commission.
4. Other informational items if any:
a. Legislative Action Day May 15 2002: City
Manager Netter reported that he will be
attending this event tomorrow in Sacramento,
along with Assistant City Manager Donley and
Director Public Safety Bullard.
23. OTHER UNSCHEDULED PUBLIC APPEARANCES:
At this time, Mayor Flores called forward any members
of the public wishing to speak. No one responded.
ADJV URN -MEN 1' :
There being no further business, Mayor Flores
ADJOURNED the meeting at approximately 10:19 p.m.
Katy Leonard,
Certified Shorthand Reporter
CSR No. 11599
Armando Flores,
Mayor
City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority
V
The Honorable City Council
City of Rohnert Park �` £
Rohnert Park, CA 94928 ee: atteA • . �,.�
Dear Mayor Flores and Council Members, ,�,,�.� W5� I urge you to take more forceful action on the City's claim agains— t �asfe°'
Management. I have followed the press reports with interest, as well as council
meetings and other information about this matter.
The following facts and questions lead me to ask the council for additional review
of this matter:
1) The press said that the underpayment was an oversight by Waste Management.
But my understanding of how the City's franchise fees are collected leads me to
wonder if it really was an oversight. Waste Management must have been
billing some customers directly. If that is true, then Waste Management did not
report the receipts they collected to the City resulting in Waste Management not
paying the franchise fees to the city.
2) The press said that the amount of the underpayment has been determined by an
audit. But my understanding is that there has not been an audit. In fact, I
would permit
heard that Waste Management claims it can't fi nd the records that
an audit. Is this really true?
3) I understand that the City has experienced an increase in its franchise fee
collection since changing to a new garbage company. Am I right? Since
new rates are much lower, wouldn't that mean Waste Management migh t have
under reported its receipts?
4) Aren't there ways to reconstruct Waste Management's operations by comparing
the receipts under current operations?
5) How many years are covered by the proposed settlement? Shouldn't Waste
Management account for all the years it had the contract with the City?
6). Does the settlement contain any interest or penalties for they're under
reporting?
In this time of budget difficulties for the City of Rohnert Park, you, the Council
and City Manager, should be sure that you know all of of the facts before you agree Rohnert Park are entitled too
accept any amount in settlement. Also, the citize n
an explanation of how this situation came about in the first place. If, as it appears,
Waste Management intentionally shorted the City of Rohnert Park on its fees, I
feel appropriate action should be taken.
Thank FA. r your atte ion to this question.
Gre NordinI May 14, 2002
J � 0 5�1V/0 2
May 10, 2002
City Council of the City of Rohnert Park
Community Development Commission
6750 Commerce Boulevard
Rohnert Park, California 94928
Jake Mackenzie Reference: Health & Safety Code Section 33130 Disclosure
9cki Vidak- Martinez
Councilmembers
�
ol
Joseph D. Netter The purpose of this transmittal is to comply with the provisions of Health
City Manager and Safety Code Section 33130 which requires that I disclose my interest
in real property located within the Community Development Commission's
Redevelopment Project Area.
I have an ownership interest in my personal residence, located at 556
Lydia Court in the City of Rohnert Park. I have owned this property since
1990. It is my principal residence. I have not acquired any property in the
Redevelopment Project Area since I was first elected in November of
1996.
Thank you for your attention. I understand that this information will be
entered into the minutes of both the City Council and Community
Development Commission meetings on May 14, 2002.
Sin rely, ---
.
Vicki Vidak- Martinez
City Council Member.
City of Rohnert Park
6750 Commerce Boulevard • Rohnert Park CA • 94928 -2486 • (707) 588 -2226 - Fax (707) 588 -2263
www.rpcity.org
CITY OF ROHNERT PARK
OFFICE OF THE CITY ATTORNEY
6750 Commerce Blvd.
Rohnert Park, California 94928
MEMORANDUM
May 7, 2002
TO: Honorable Mayor and City Council Members
FROM: Betsy Strauss
RE: Disclosure of Financial Interests: Redevelopment Project Area
It has recently come to my attention that the City Council may never have been informed
of a provision of the redevelopment law relating to conflict of interests. The purpose of
this memo is to inform you of the requirements of Section 33130 of the Health and Safety
Code which (1) prohibit the acquisition of a financial interest in a redevelopment project
area; and (2), require the disclosure of any existing financial intere t within a redevelopment
project area. This section is separate from, and imposes different requirements from those
o the Political Reform Act of 1974. The requirements of this section apply to any agency
or city officer or employee who, in the course of his or her duties, is required to help
formulate or to approve plans or policies for redevelopment of a project area.. Thus, it
includes riot only the City Council, but also the City Manager, Planning Commissioners, and
City staff.
The section has three specific provisions. First, it requires that any such officer or .employee
who owns or has any direct or indirect financial interest in any property included within a
project area make a written disclosure of that interest to the Redevelopment Agency and
the City Council. Second, 5 33130 strictly prohibits any officer or employee from acquiring
an interest in any property included within a project area. Third, a rental agreement or lease
of property which meets all of the conditions described below is not an interest in
property for purposes of the prohibition. The four conditions are: (1) The rental or lease
agreement contains terms which are substantially equivalent to the terms of a lease available
to the public for comparable property in the project area; (2) the rental or lease agreement
prohibits subleasing the property for a rate higher than the one set in the original
agreement; (3) the property being rented is used in the pursuit of the principal business,
occupation, or profession of the officer �e leaselorerental agreement officer or
the Agencpyoaned
immediately make a written disclosure o
the legislative body.
In addition, Section 33130.5 permits an officer or employee to purchase or lease property
within a project area for )ersonal residential use, subject, however, to certain, restrictions.
The Agency (CDC) must first certi . at the improvements to be built or other work to be
(707) 588- 22141bstrauss @rpcity.org
-2=
May 7, 2002
done on the property has been completed or that no work needs to be done on the
property. The person purchasing or leasing the property must immediately disclose that
fact in writing to the Agency and the City Council. Any such officer or employee is
thereafter disqualified from voting on any matters directly affecting such lease, purchase, or
residency.
Thank you for your attention. Please let me know if you have questions.
c: Joe Netter
Steve Donley
Nancy Kaufman
right of way line of Golf
also being the Northwest
s Subdivision as shown on that
PagesA and 2, Sonoma County
ght of way line of Cold Course
ence on a curve to the right
le of 2' 36' 11" an are length
166.16 'feet; thence on a curve
central aggle of 90' an arc
Westerly right of. way ine of
E way line of Snyder Lane S 0'
corner of said subdivision;
said subdivision, N. 89' 19'
corner, of the lands conveyed
Rosa by deed recorded under
ords, Sonoma County Records;
Eght of way line of, Snyder
E sold lands, and its Southerly
ire or' ass, to its
)n of the Southerly line of
1 recorded in Book 1651 of
ity Records; thence leaving
-tension and said Southerly
more or less to the,
along . the boundary of. said
50.' E 690 feet to. the
to Trowbridge, by deed
if Official Records; thence
ids'and its Northerly .
the most Northwesterly
:he..Roman Catholic Bishop of
line of said lands, S 89' 19'
iuthwesterly corner of the
i Subdivision; thence along
.on, N 0' 10' 39" E 330.84
►M • ►ol"T 0/. KtlMMI"
►ot . roM,T or tOwwteCWt"T
PROJECT AREA
CITY OF ROHNERT PARK
Redevelopment Agency Project Area