1998/04/28 City Council MinutesRohnert Park City Council Minutes
April 28, 1998
The Council of the City of Rohnert Park met this date in regular session
commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park,
with Mayor Linda Spiro presiding.
CALL TO ORDER: Mayor Spiro called the regular session to order at approximately 6:50 p.m. and
led the pledge of allegiance.
ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, vidak- Martinez, and
Mayor Spiro
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner,
Assistant City Manager Leivo, City Engineer Gaffney and Public Works Manager Stephens.
1. CLOSED SESSION: Mayor Linda Spiro reported on the closed session which commenced this
evening at 6:00 to discuss matters listed on the agenda attachment She noted a personnel
matter, the City Manager's contract, was handled during this time, and will be discussed in
open session later on the agenda.
AGENDA ORDER: Mayor Spiro advised that Item #16 - Council Committee Reports would be
moved forward on the agenda and handled at this time, due to the time being earlier than
signified for the scheduled items on the meeting's agenda.
16. COUNCIL COMMITTEE REPORTS:
1) FOUNDER'S DAY COMMITTEE
Councilmember Reilly reported he met, with Public Works Manager Stephens,
Councilmember Mackenzie, members of the California State Horsemens Association and
representatives of the Philippine American Association. The parade will end in A Park.
There will be a Bike Rally; more volunteers are needed; determination of food sales is
pending. The Horsemens Association agreed to organize and run the parade - -the City's
involvement is from a financial standpoint. The City will provide awards for marching
bands. Bill Stephens reported an idea of a Diversity Theme as part of the parade,
stemming from the recent Youth Summit; volunteers will come from the Summit.
2) ROHNERT PARK STADIUM -SUBCOMMITTEE
Councilmember Flores reported he, Councilmember Reilly and staff met with
representatives of the stadium to review work needed, e.g., a new concession stand.
Crucial items will be taken care of by opening day. Financing of long -term capital
improvement projects could perhaps be ascribed to the various donors. Councilmember
noted Gary Tatman attended this meeting working for the Crushers, not as a Parks &
Recreation Commissioner. Bob Fletcher will prioritize a wish -list, to be given to staff, of
improvements which the City can review and determine what it can or cannot do.
Rteark fruie8lnEt :.} rt x;1948
3) LIBRARY ADVISORY BOARD
Councilmember Reilly reported on the discussion about improvements at the Library at the
last meeting. Library circulation has increased dramatically- -thus driving access and the
library's location is affected by traffic. The library would like a monument sign near the
building. Staff will receive a list of improvements requested by the library.
4) SISTER CITY COMMITTEE
May 8 will be another visit by officials of the City's Sister City. Councilmembers were
asked to RSVP for the dinner at the Wine Center.
2. APPROVAL OF MINUTES - April 14, 1998
Corrections to the previous meeting minutes were made by Council and signified on the
original set of minutes.
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the
minutes of April 14, 1998 were unanimously approved as amended.
3. APPROVAL OF BILLS:
Upon motion by Councilmember Mackenzie, seconded by Councilmember Reilly, City bills
presented per the attached list in the amount of $928,594.08 were unanimously
approved.
4. ADDING INFORMATIONAL NON - AGENDAED matters:
Mayor Spiro asked Councilmembers or staff if there were any non - agendaed informational
items to add to the agenda. No items were added.
5. ORCHESTRA SONOMA -Award of Recognition Plaque to
ROHNERT PARK CITY COUNCIL,
Mayor Spiro read the inscription on the plaque to the Rohnert Park City Council which
acknowledged the City's efforts.
6. YOUTH CITY COUNCIL REPRESENTATIVES from 1997 -98 Youth of the Year Program
Mayor Spiro introduced Youth Representatives Senior Meagan Pulley and Junior Marissa
Eggering, who provided the youth report which included:
*Last week was Unity Week, a week of sharing a variety of cultures.
*This Friday is Prom Night at Villa Chanticleer.
*Friday, a student from Rancho Cotate will receive a Press Democrat journalism award.
•The swim team is undefeated and all sports teams are doing well
*Reconstruction is a major happening at the school.
*This week was the school's first Youth Summit which was a great success. Its Task Force
is writing a Championship Report, capturing the goals of the Summit.
Rohn et't Park "" X4uineii
Councilmember Mackenzie complimented this first -ever Youth Summit. He, Vice Mayor
Vidak - Martinez and City Manager Netter attended some of the sessions. He shared a
souvenir - -a sketch of the future down town mall plan.
Councilmember Flores asked about high schools phasing out lockers because of problems
with vandalism and problems of upkeep. Meagan Pulley stated lockers are being
reconstructed because of need and there are no problems.
7. SCHEDULED PUBLIC APPEARANCES:
1) Bonnie Bergin Assistance Dog Institute - Progress Report/Presentation
Proposed Partnership with the Sonoma County Office of Education
for students of Rohnert Park Community School
Ms. Bergin presented a progress report. She distributed an update and introduced Betty
Keys and her service dog, and a student trainer. Regarding on -site construction, they hope
to have the two schools together. She added her school will work with El Camino as its
commitment to Los Guilucos is in hand. Fundraising efforts include selling patio bricks for
$30 -$120; leaves are: $100 4250. Call ADI to support this effort, telephone: 537 -6391 or
585 -0300. She added this facility will be world - renown and a state -of -the -art facility, to
include housing for people learning to train service dogs. They are requesting four acres of
the 20 -acre site.
Upon motion by Councilmember Reilly, seconded by Councilmember Mackenzie, and
unanimously approved, staff was directed to agendize this item under Rohnert Park
District matters at the next meeting.
8. UNSCHEDULED PUBLIC APPEARANCES:
Kim Butler, 1188 Cielo Circle, representing the Sonoma County Trustees Association, a group of all
school board members, congratulated Vice Mayor Vidak- Martinez, who was awarded the
*high -sehM School District JX Wilson Award as one who exemplifies and promotes public
education. She won the county JX Wilson award. The Cotati - Rohnert Park School District
has won this for five years at county level. May 14 is the date of the award ceremony,
6:30 p.m., at Sonoma State University.
*C O R R E C T 10 N ABOVE from 5/12/98 City Council meeting: Per Vice Mayor Vidak- Martinez (deletion lined out/addition underlined)
Howard Sowers 2 Courtney Lane, Mill Valley, hot air balloon pilot, shared with the Council the
upcoming event, June 12 -14, at Ed Grossi Farms, the Spring Morning on the Farm event,
when hot air balloons will fly over the community. He requested Council acknowledge their
presence. The Chamber of Commerce is excited about this event; media day is June 2.; there
will be 20 balloons in the air, which will leave from Grossi's farm, flying to the old air center to
the northwest and perhaps return to the field. The purpose is to have a hot air balloon
presence in Sonoma County in the summertime.
Upon motion by Councilmember Reilly, seconded by Councilmember Mackenzie, and
unanimously approved, staff was directed to provide a letter and resolution of support to
the Spring Morning on the Farm event from the City.
Mayor Spiro will write a letter welcoming the Sonoma County Aeronauts.
R1� srk uatel des :...
.. gill;? 40
Councilmember Mackenzie asked if Rohnert Park could be helpful in obtaining any permitting
for the event.
Ed Grossi acknowledged the county will require an event permit which will require financial donation; he
would appreciate help in applying for the permit. He added there will be hay rides, farmers
displaying wares, food, other events. Parking is eight acres and could be fifteen to 20 more.
The Chamber of Commerce is advertising the event in its newsletter; flyers will be sent to all
Rohnert Park students; advertising will be placed in the Community Voice - -the attempt is to
have this be a Rohnert Park - Cotati event.
Joi Losee: 943 Holly Avenue, stated she received a flyer on her gate in support of Measure A; and this
issue is going to be confusing. Both sides say there are loopholes. She asked, what are the
loopholes? What are the housing needs -- standards and criteria? Is it right that growth and
population be controlled at the Council level? Can the Council change the growth rate with
housing needs or is it the vote of the people.
Mayor Spiro asked her for a copy of the flyer.
City Attorney Flitner clarified an amendment must be by the vote of people unless state
housing requirements come into effect. He asked this be agendized for the next meeting for a
full discussion by him of the state requirements.
Mayor Spiro explained the Urban Growth Boundary Measure and added this will be discussed
at a further meeting.
Councilmember Reilly noted the measure talks about "adding lands... segments of the
community..." It does not indicate state - mandated housing. Fair -share housing is not state -
mandated housing.
*C O R R E C T 10 N B E L O W from 5112/98 City Council meeting; Per Councilmember Flores (additions underlined /deletions lined out)
Councilmember Flores added if the electorate adopts the proposed UGB, it is unlikely the
Board of Supervisors would approve of annexation of more lands if Rohnert Park is not
judicious in its decisions. The City must *also go to LAFCO prier- e with the approval of the
Board of Supervisors. There has been sufficient discussion of loopholes and Council acted on
the advice of counsel. Attorney Margaret Sohagi, the land use expert, should make a
presentation to Council discussing the exception language.
Councilmember Mackenzie requested an attorney from the opposition of this measure also be
present at such a presentation. It was the consensus of the Council to have Attorney Margaret
Sohagi prepare a letter of explanation on the housing exception of Measure A for the next
Council meeting.
Linda Branscomb 21 Anne referred to item #12 listed later on the agenda to amend the PERS
contract with RPPOA and urged Council to consider the amount carefully and be prudent
with tax dollars and expenditures for consultants.
tt 1�arlfi 1 ourte i%1 uEcs.. (3I 01 9..
9. CONSENT CALENDAR
Mayor Spiro asked if there were any questions regarding the matters on the Consent
Calendar which were explained in the City Manager's Council Meeting Memo.
Council agreed to remove Resolution 98 -83 from the Consent Calendar for discussion.
Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda
Accepting Cash/Investments Report for Month End, March 31, 1998
Resolution Nos:
98 -81 Calling Attention to Hunger and Commending Redwood Empire Food Bank's
Efforts to Help
98 -82 Proclaiming May 1998 "Older Americans Month"
98 -84 Proclaiming Support for the 15th International AIDS Candlelight Memorial and
Mobilization
98 -85 Honoring Hanna Boys Center for Service to Our Community
98 -86 Award of Contract for Inspection, Maintenance and Repair of Heating and Air
Conditioning Equipment
98 -87 Rejecting the Claim of Paige Allen, c/o Attorney James G. Bertoli (re. alleged claim
for damages due to not being hired by City)
98 -88 Rejecting the Claim of John Wright Mills (re, alleged civil rights violation due to
improper vehicle seizure and false imprisonment)
Upon motion by Councilmember Flores, seconded by Council Mackenzie, the Consent
Calendar items as outlined on the meeting's agenda, with the exception of Resolution No.
98 -83, were unanimously approved.
Resolution No:
98 -83 Supporting City Participation in America's Promise - The Alliance for Youth Initiative
as a "Community of Promise"
Discussion ensued about what groups and individuals comprised the initial team.
Upon motion by Councilmember Flores, seconded by Councilmember Reilly, and
unanimously approved, Resolution No. 98 -83 was amended, to delete from the
paragraph of the "4th Whereas" the specific names of all organizations and agencies.
10. LAVONNE BAIN, FORMER CULTURAL ARTS COMMISSIONER - MEMORIAL
Approval of Memorial Brick at Robert Lake Park
City Manager Netter requested authority for the expenditure of a memorial brick in honor
of Lavonne Bain.
Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and
unanimously approved, the purchase of a memorial brick for Lavonne Bain was
auui®nzea.
Councilmember Mackenzie asked about the progress report for the Nat Snyder memorial.
11. OTHER RESOLUTIONS FOR CONSIDERATION:
98 -_ Ratification of Memorandum of Agreement with SEIU, Local 707 Maintenance
Workers
City Manager Netter reported the union representative requested an additional two weeks
in order to receive a formal vote of their membership; he requested this item be deferred.
98 -89 Approving an Employment Agreement Between the City of Rohnert Park and
Joseph D. Netter ( Rohnert Park City Manager)
Mayor Spiro reported the Council came to a consensus, during Closed Session, about what
is being presented at this meeting and the contract is a public document.
A motion was made by Councilmember Mackenzie, and seconded by Councilmember Reilly,
to adopt Resolution 98 -89, Approving an Employment Agreement between the City of
Rohnert Park and Joseph D. Netter ( Rohnert Park City Manager).
Discussion of the motion proceeded as follows:
•Councilmember Flores acknowledged that Councilmember Mackenzie and he worked
extensively as the Ad Hoc Council Committee for this item, and as indicated earlier, a
considerable amount of deliberations have taken place. Councilmember Flores referred to
the 18 elements dealing with the City Manager's salary, retirement benefits and other
provisions, and signified that he has a disagreement with only one section. Councilmember
Flores stated that he disagrees with Section 3-- giving 90 days' notice for release following
a severance stipulation. His observations from past business experience is that this
has always been two weeks. He has a great concern with having 90 days in the event
that something does not work well. For that reason, and only for that reason, he will
not support the motion.
*Vice Mayor Vidak - Martinez read from a previously prepared written statement, which she
requested to be in the record, as follows:
"IT IS MY BELIEF THAT THE CITY COUNCIL'S FIRST RESPONSIBILITY OUGHT TO BE TO
KEEP ROHNERT PARK AND ITS CITIZENS OUT OF HARMS WAY. TO PROTECT THE CITY, WE
CANNOT ALLOW PERSONAL TIES OR ALLEGIANCE TO INFLUENCE OUR JUDGMENT. ALL
CONTRACTUAL AGREEMENTS, INCLUDING THE CITY MANAGER'S CONTRACT SHOULD BE
PREPARED IN A PROFESSIONAL MANNER WHICH PROTECT THE INTERESTS OF THE CITY AS
WELL AS THOSE OF THE OTHER PARTY, IN THIS CASE THE CITY MANAGER.
r 'f148
I FEEL THE PUBLIC NEEDS TO BE MADE AWARE OF THE RAMIFICATIONS OF SEVERAL
CLAUSES IN THIS NEW CONTRACT. THEY CONCERN THE CONDITIONS FOR TERMINATION
OF THE CITY MANAGER AND SEVERANCE PAY. CONDITIONS FOR TERMINATION FALL
INTO TWO CATEGORIES: "WITH CAUSE" AND "WITHOUT CAUSE ". TERMINATION OF AN
EMPLOYEE FOR "CAUSE" REQUIRES FINDING OR A STANDARD OF PROOF THAT INVITE
LEGAL CHALLENGE BY THE EMPLOYEE THAT CAN COST TAXPAYERS MANY THOUSANDS
OF DOLLARS TO DEFEND. THIS COUNCIL MAJORITY- SPIRO, REILLY. AND MACKENZIE-
INSISTED ON ADDING DEFINITIONS UNDER THE CAUSE SECTION OF THIS CONTRACT
WHICH HAVE NEVER BEFORE BEEN A PART OF ANY ROHNERT PARK CITY MANAGER'S
CONTRACT. IN DOING SO, THEY KNOWINGLY PLACED THE CITY AT ADDITIONAL RISK.
THE OTHER CONDITION FOR TERMINATION IS "WITHOUT CAUSE ". AS PROVIDED IN STATE
LAW, THE CITY MANAGER SERVES SOLELY AT THE PLEASURE OF THE MAJORITY. THAT IS
THREE VOTES OF THE CITY COUNCIL. ACCORDING TO THE CALIFORNIA LEAGUE OF
CITIES, THE MAJORITY OF TERMINATION'S OF CITY MANAGERS ARE ACCOMPLISHED
"WITHOUT CAUSE ". FOR THIS REASON SEVERANCE PAY, WHICH IS ACTIVATED UPON A
CITY MANAGER'S RESIGNATION OR TERMINATION "WITHOUT CAUSE" BECOMES
ESPECIALLY SIGNIFICANT.
THIS CONTRACT CONTAINS A PROVISION FOR SIX MONTHS OF SEVERANCE PAY, WHICH
AMOUNTS TO $66,000. THIS IS THE SAME PROVISION FOUND IN THE CITY MANAGER'S
PREVIOUS CONTRACT. A COUNCIL MAJORITY OF LINDA SPIRO, JIM REILLY, AND JAKE
MACKENZIE WANT TO GIVE SUBSTANTIALLY MORE SEVERANCE PAY. HOWEVER, THEY
ARE AFRAID OF HOW IT WILL LOOK TO THE PUBLIC.
TO ADD SEVERANCE PAY WITHOUT APPEARING TO DO SO, THEY INCLUDED A NINETY
DAY NOTICE PERIOD WHERE THE CITY MANAGER CAN RESIGN OR BE TERMINATED AND
STILL RECEIVE THREE MONTHS ADDITIONAL SALARY. THERE IS NO REQUIREMENT THAT
THE CITY MANAGER WORK DURING THIS PERIOD. THESE THREE ADDITIONAL MONTHS OF
PAY WILL COST THE TAXPAYERS APPROXIMATELY $36,000. THAT $36,000 IS A YEAR'S
SALARY FOR MANY OF US LIVING IN THIS CITY HOW MANY CITIZENS AND TAXPAYERS
ARE GIVEN OVER $100,000 IF THEIR BOSS DECIDES THEY NEED TO GO?
AGAIN, FOR THE RECORD, THIS WAS THE DECISION OF A COUNCIL MAJORITY CONSISTING
OF SPIRO, REILLY, AND MACKENZIE. FUTURE COUNCIL MAJORITIES WILL BE FORCED TO
ABIDE BY THIS CONTRACT. I DO NOT SUPPORT IT, AND I WILL NOT VOTE FOR IT."
•Councilmember Reilly signified that he had a lot of comments and would try to keep them
appropriate for this meeting and the people watching. He was amazed that the Vice Mayor
sat in the meetings and said from the start that she was not going to vote for any contract.
For her to ridicule this one is a hypocrisy, as it would not have mattered what the contract
was, because she said she was going to vote against it. Councilmember Reilly signified that
we added the plan for gross and unprovoked and unprofessional conduct. Considering what
is unprofessional to one, may not be to another, we took language from the League of
California Cities' contract language and added derelict of duty and insubordination. At the
same time, we are adding a schedule for job performance evaluation with dates for when and
how this is to take place. There are goals the City Manager is to meet and, if he does not
meet the goals, then the City Council could take action. The League of California Cities
shows that twelve months is an acceptable severance package. Councilmember Reilly
signified that twelve months is too long for him. They initially talked about the 90 days as
both the City Manager's notice to the Council, and the Council's notice to the City Manager
which is now called a whim vote of the City Council. Mr. Reilly shared that what has made
this really difficult for him is not anything against the City Manager, but he has a real tough
time dealing with numbers that exceed what he makes and what a lot of people make. There
Ri�C Pare iai Z,; E ;
are a lot of people out there that make more than he makes, but the criteria is not related to
what he makes. This is based on the criteria of what City Managers in the area are making.
It has been argued that someone else could come on for a lot less, which is true. We could
hire someone for maybe even half the amount but after a year and a half on the job, the new
City Manager will get what the market bears. Councilmember Reilly commented that some
may question the amount, which is less than the Assistant City Manager in Santa Rosa, and
probably less or equal to the City Manager in Petaluma, so this salary and package is actually
a compromise. He signified that yes, it is a lot of money, and yes, it is a lot of benefits, but
that is what the market bears, and that is how you have to look at it.
Referring to the idea that Councilmember Flores cannot agree to the 90 days notice period,
as the one section provides, Councilmember Reilly had hoped that Mr. Flores could disagree
with that particular section, but agree with the rest of the contract. Councilmember Reilly
reviewed the comparison of when he voted against the Wine Center when it was first
proposed, as he did not like the way it was being done, but once there was a majority of
Council that voted for it, he supported making the payments because he took his shot and
lost. In the same way, if Councilmember Flores did not like one of the sections of this
agreement for the City Ma.- gager, it seems like he could support the other sections.
Councilmember Reilly referred to the exhibits on the time schedule for the job performance
evaluation of the City Manager to start July 1 st and run through April 15th of next year and
on a yearly basis, take those dates, so every July 1st the City Manager would provide the
forms for the City Council to evaluate the process and within nine months, give the City
Manager his formal evaluation. This is a one year contract and at the end of nine months, the
Council is going to give him the evaluation. It just so happens that the difference between
the 12 months and the 9 months is 3 months, which is the 90 day notice, and winds up giving
him a 90 day notice, which would be the length of his contract. Then you have to figure
out what the severance would be for termination without cause, which is the whim vote.
If Mr. Netter does something that is illegal, or does not do his job which is the dereliction of
duty because of insubordination, he is terminated with cause, which means he gets absolutely
nothing except the pink notice, which Mr. Reilly was sure he would not do. It is not as if
everything gets the severance. Mr. Netter had to be part of the process, as everyone knows,
and it had to be done publicly.
Councilmember Reilly signified that from his perspective, he was not going to say anything
until the Vice Mayor read her prepared statement which, since we just met tonight to go over
the final contract, questioned how she could prepare a prepared statement before attending
the last meeting. Mr. Reilly shared that there was no doubt in his mind that this was destined
to be a 3 -2 vote and the City Manager has had to sit through it. Councilmember Reilly
signified that he, for one, expected the City Manager to do his job and expected the
evaluation to be fair. He expected that if the Vice Mayor has a problem with the City
Manager doing his job, rather than electing to go on the pulpit demanding his resignation for
how he micro- manages, or whatever else, that she see fit to do a formal evaluation and abide
by the results of the evaluation and make the City Manager live up to the standards.
•Councilmember Mackenzie signified that he had not made a prepared statement this evening
and was not particularly prepared to speak, except to say that Councilmember Flores and he
worked as a Committee of the City Council on this item. They worked hard and long and
consulted with the City Attorney and with authorities of the League of California Cities.
They looked at the state law, which is clear that the City Manager may be terminated without
cause by a majority vote of the City Council. The City Manager operates in an atmosphere
and under a rule that is quite different from any other employee in the City. The City
Manager does not have civil service protection. It is for that rule, and this is laid out quite
clearly in documents of the League of California Cities, that over the past decades, City
Managers have moved toward establishing written contracts which have severance provisions
as part of these contracts. Under state law, an employee in the status of our City Manager,
may be awarded a severance package of up to 18 months equivalency, as far as his or her
salary is concerned. Some cities have shorter amounts and other cities have longer amounts.
Councilmember Mackenzie shared that Councilmember Flores and he could produce battling
contracts to show that. There is no question that in a recent League of California Cities
survey that the number of City Managers, who have been terminated without cause by City
Councils, has increased. That has been a trend that has been documented by the League of
California Cities. Therefore, Mr. Mackenzie signified that the severance provision seems
reasonable to him for a City Manager operating under these conditions.
Mr. Mackenzie signified that, in this instance, this is a contract, very carefully worded,
between the City of Rohnert Park and Joseph D. Netter, Rohnert Park City Manager. It is
not a contract between the City of Rohnert Park and the Rohnert Park City Manager. This is
talking about an individual who has served the City long and well for a number of years.
Councilmember Mackenzie commented that each of us may have had disagreements on
particular matters but, as far as he was concerned, when it came to the discussions of this
matter, what the Council is about to vote on, and which will become a public document after
this vote is conducted. He shared that since everyone else seems to be talking about it before
the vote, he would like to say that he was not comfortable with the language in Section 3, for
reasons other than those signified by Councilmember Flores. Councilmember Mackenzie
wanted it to be straightforward. Under the exhibit for severance settlement, he wanted it to
be not to exceed 9 months compensation. That was the position that he derived and thought
it would be fair and reasonable.
Councilmember Mackenzie commented that those who would like to go through the work
and long hours that the City Managers go through in conducting their jobs, he would suggest
that they apply themselves to City Managers' schools and that they receive employment and
work their way up to that position, and then they can, in fact, enjoy the rewards that are
commensurate with that position. Then, they can also live with the situation that has occurred
in this city since December 29. The City Manager has worked without a contract since
December 29. Matters have been discussed by the Vice Mayor out of the closed session
which were inappropriate. Mr. Mackenzie signified that he regarded this prepared statement
she made, which says these are the votes of these three Councilmembers and they are
deliberately hiding this, to be an utterly false and misleading statement.
Councilmember Mackenzie signified that this document will become puhl_ic and will he
apparent to anyone who cares to read it and know exactly what it is that the majority of this
Council voted for, and that is a fair and equitable severance condition built into a contract,
which also has a performance evaluation system built into it. Councilmember Mackenzie
commented that this was not available when he came to be on the Council eighteen months
ago, and will be available for the Council to take a look at the City Manager's performance.
Mr. Mackenzie signified that he has been a public servant for 26 years and he thought it was
uncomfortable for that situation to have existed, and thought that this contract regresses that
situation. He believed it enables the Council to move forward to have a proper and decent
relationship with the City Manager, who has served the City well and has worked hard.
Councilmember Mackenzie shared that we may have disagreed individually with decisions
that the City Manager has made, but we now have a mechanism whereby we may restore a
wealth of decency to this City's relationship with its City Manager.
*Mayor Linda Spiro thanked the Council Committee for the efforts in putting this contract
together, which needed to be done as a basis for the results. She referred to the section
that everyone seems to be having so much problem with and commented that it also has a
sentence in it that everyone seemingly has overlooked. She quoted this section which
signifies that "Mr. Netter agrees to make himself reasonably available to the City, as
needed, in the transition ". Mayor Spiro commented that what that means is that in this
90 day period, that the people are unwilling to support, Mr. Netter will be working that 90
days to some extent, so it is not like we are going to be giving him the money and we will
never see him again. Mayor Spiro expressed that that is to his credit, that he is willing to
do that, as there are many people who would not. She explained that the Council has spent
a lot of time defining things because of terms like "unprofessional conduct ", which is a very
subjective term, as Councilmember stated, and the Mayor agreed with his comments.
Mayor Spiro referred to the 90 day notice that the City Manager has been required to give
the City and signified that she personally thought that, if you are requiring a notice from
someone, then you are morally obliged to give the same notice in return. Ms. Spiro shared
that she handled it that way when she had a business and she would not expect Mr. Netter,
or anyone else, to handle it any differently. She would expect the same thing from him that
the Council is asking of him. As far as any future Councils are concerned, unless Mr.
Netter does something that he can be terminated for cause which, as pointed out, there is
no severance package, the only other thing that this contract would do is make a City
Council think a little before it decided to arbitrarily say it has three votes now, so let's
make a change. When a person has to work in that type of situation and under those
conditions, it is worth a little something in some way. Mayor Spiro signified that
comparing the City Manager's salary to what others make is sour grapes. That has no
place in this situation. Tf you are not planning on terminating somebody, then there
is no problem with the contract because the severance provision would never be applied.
Mayor Spiro expressed appreciation to Mr. Netter for the job he has done as City Manager.
Roll Call Vote:
Ayes: (3) Mackenzie, Reilly, Spiro
Nays: (2) Flores, Vidak - Martinez
The Motion passed 3 -2, reading of the resolution was waived, and Resolution No. 98 -89
was adopted.
Mayor Spiro congratulated City Manager Netter and commended him on the exemplary job
he has done of dealing with a situation that is unfortunate he has had to deal with it at all.
The Mayor signified that in the long run, she thought this is a much better contract for the
City Manager than the previous one.
RECESS: Mayor Linda Spiro declared a recess at approximately 8:40 p.m.
RECONVENE: Mayor Spiro reconvened the meeting at approximately 8:50 p.m. with all
Councilmembers present.
12. AMEND THE PERS CONTRACT WITH RPPOA to Provide for 2% at 50
Retirement Formula and Military Service Credits for Various Groups
City Manager Netter presented his staff report, justifications and recommendations. He
confirmed the cost and funding of the amendment including the additional 2% employee
share to be paid by the City. The total amounts to $502,000 for the employer costs and
$82,000 for employee share to be paid by the City, for a total annual cost of $584,000.
This is based on the most current actuarial. Mr. Netter further explained the prior
negotiations and the loss of parity over the past three years, as compared to other
police /public safety agencies, which justify the amendment and PERS pick up at this time.
Resolution of Intention:
98 -90 To Approve an Amendment to the Contract Between the Board of Administration of
the Public Employees' Retirement System and the City Council of the City of
Rohnert Park
Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, and
unanimously approved, reading of the resolution was waived and Resolution No. 98 -90
was adopted.
City Manager Netter clarified that the motion also included approval of the Military
Service Credits as public service (no cost to the City) and the payment of the 2% employee
share. Council concurred.
13. WEED ABATEMENT
City Manager Netter reported on the Weed Abatement Program; acknowledged that
additional time will be given for abatement, because of the winter rains; and confirmed that
$150 per acre will be charged for the mowing,
PUBLIC HEARING: Mayor Linda Spiro opened the public hearing at approximately 9:00 p.m.
There being no one desiring to speak, the Mayor closed the public hearing.
Resolution No:
98-91 Ordering the City Manager to Abate Nuisances Existing Within the City of Rohnert Park
Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and
unanimously approved, reading of the resolution was waived and Resolution No. 98 -91
was adopted.
:.. ova 1948
14. ROHNERT PARK WELLNESS CENTER - HOSPITAL SITE PROJECT
City Manager Netter provided an update for this item and reported that Wellness Center
representatives requested a short-term extension while staff works with Wellness Center
representatives on the proposed lease.. There is need a to have the process moved along.
Councilmember Reilly agreed he will serve on this committee with Mayor Spiro.
A representative from the Rohnert Park Wellness Center, LLP, discussed the Wellness
Center. She added Council discussed the possibility of getting a letter from Martin Stone
concurring the health care campus idea, and requested the Council to approve the lease
options and contract.
Mayor Spiro indicated that she thought the Martin Stone letter was not a problem, as the
site would be used for health care services.
Staff added that through Real Estate Broker Jimmie Rogers, the request was made. Most
recently, Mr. Rogers requested a list of the providers for the Wellness Center, which has
been provided.
The Wellness Center representative confirmed Eaton Care is one of the same as Beverly
Enterprises. She added that *eigM eighty 80 percent of the entities on the campus will be
for profit; twenty (20) percent will be nonprofit; and there is a community co -op on
campus also which is nonprofit.
*C O R R E C T 10 N ABOVE from 5/12(98 City Council meeting: Per Vice Mayor Vidak- Martinez (deletion lined ouVaddition underlined)
Vice Mayor Vidak- Martinez noted she is concerned with the City subsidizing this proposal
and about getting a fair market value for the use of the property. She added she wants to
see less City subsidizing; and there should be large community involvement with services to
come back in kind.
Councilmember Reilly said he would take into account Vice Mayor Vidak - Martinez's
suggestions, bearing in mind the site is a hospital site which has limited usage.
It was noted the property is $2.8 million worth of hospital property, not just property.
Councilmember Flores added it is important to recognize this is a first draft; the City wants
Eaton to be successful; and the City wants to return funds to the community via a
successful enterprise.
Mayor Spiro signified she wants Rohnert Park to be the first community to offer a wellness
center campus approach to health care. Staff was requested to bring Councilmember Reilly
up to speed on this project and to agendize a reasonable extension for next Council meeting.
.
15. SONOMA COUNTY WATER AGENCY (SCWA) MATTER:
*Cooperative Agreement for 1998 Rohnert Park Water Conservation Toilet
Replacement Program
City Engineer Gaffney reported this program exceeded everyone's expectations.
Amendment 10 provided funding for the water conservation. With this agreement, the
toilet replacement program will continue. Sonoma County will pay 100% of the costs of
the direct install program, with Rohnert Park paying for the rebate program.
Resolution No:
98 -92 Approving Cooperative Agreement with Sonoma County Water Agency for
1998 Rohnert Park Conservation Toilet Replacement Program
Upon motion by Councilmember Flores and seconded by Vice Mayor Vidak - Martinez, and
unanimously approved, reading of the resolution was waived and Resolution No. 98 -92
was adopted.
16. COUNCIL. COMMITTEE REPORTS: This item was handled earlier on the agenda.
17. COMMUNICATIONS:
City Manager Netter reported that item 26 on Communications was LAFCO's response
regarding the Canon Manor meeting.
City Manager Netter referred to item 29 on Communications and asked the Council if they
would like to assist in sponsoring Miss. Junior E. Rohnert Park candidate Hedeen and
noted the commitment would be $395.00 This is to be agendized for the next Council
meeting, with additional information for Councilmembers.
City Manager Netter referred to item 44 on Communications and noted the first draft of
the Economic Vitality Element is completed, to be reviewed by Councilmembers
18. MATTERS FROM/FOR COUNCIL:
1) Summit Task Force Phase I Report Schedule - Council concurred to recommend changes
in the schedule so that the final report would be in late June.
2) Measure A exceptions - Councilmember Reilly asked if the sentence about exceptions give
discretion to Council. He added even though LAFCO does not recommend, it does not
prevent Rohnert Park from starting the annexation process. ABAG's fair share housing
requirements could become the force behind annexing more land. *He has been ....°.,ietis1..
*C O R R E C T 10 N ABOVE from 5/12/98 City Council meeting: Per Councilmember Reilly (deletion lined out)
Councilmember Flores recommended Margaret Sohagi make a presentation to Council,
addressing the exceptions. A representative from the Council minority point of view
should also be there. This presentation will be helpful in informing the public.
Rairl�l >t r..Ai 'e46 £. 4011
(I�tl r t ,1 9
Councilmember Mackenzie noted this should have been done before the vote to put
Measure A on the ballot was held -- Council was deaf to his amendments. He proposed
calling a special town meeting, a debate between the protagonists of this measure. This
loophole concerns those who oppose Measure A as it was put forward. Expenditure for
Margaret Sohagi's attendance at the meeting is not appropriate. Rather, there should be a
structured debate on public television, to get an analysis of the language in the measure.
Attorneys should not make presentations; rather, the proponents, "Yes on Measure A"
and Citizens United for Real Boundaries Committee, should debate the issue on a public
access television station. if that committee wishes to pay for Margaret Sohagi, they can
Councilmember Flores countered that Margaret Sohagi is *a City consultant on land
planning issues and an expert in preparing
and the City Council majority used their professional perspectives on the preparation of
Measure A - -it is appropriate for her to address exceptions.
*C O R R E C T 10 N ABOVE from 5/12/98 City Council meeting: Per Councilmember Flores (additions underlined /deletion lined out)
Upon motion by Councilmember Flores and seconded by Vice Mayor Vidak- Martinez,
to invite Margaret Sohagi for a presentation before Council; with representation of the
minority opinion, if that is desired.
Discussion of the motion included:
Councilmember Reilly asked the cost for Margaret Sohagi attendance. City Manager
Netter responded standard charges would be an hourly rate plus travel.
Councilmember Reilly felt Margaret Sohagi could specifically discuss the exceptions and
why she recommended this to Council with City Attorney Flitner. .
Vice Mayor Vidak - Martinez remarked she would like to hear Margaret Sohagi because it
was on her advice the clause was included - -it was included because of liability issues.
Councilmember Reilly added the clause is *just defending the measure in the re
because it makes the defensible; and John Flitner will be defending this, not
Margaret Sohagi.
*C O R R E C T 10 N ABOVE from 5/12/98 City Council meeting: Per Councilmember Reilly (addition underlined /deletion lined out)
The City Attorney noted he can learn Margaret Sohagi rationale via telephone or letter. He
recommended Council ask questions of her in a letter. He is reticent to spend City money
for an issue that is not likely to be decided by a ballot vote, but rather by the Sonoma
County Superior Court.
Councilmember Mackenzie stated his preference of writing a letter to Margaret Sohagi.
Mayor Spiro stated Council should support the City attorney and questions can be asked of
Margaret Sohagi by letter.
Councilmember Flores noted the City Attorney mentioned Margaret Sohagi could be
brought in at a later date, if necessary. The Council should not give the impression it is
hesitant to secure rationale for the exception from an expert attorney. :
R s rk it :lr lne 1 (i) riE 2
Upon motion by Councilmember Mackenzie, seconded by Councilmember Reilly, it was
unanimously approved, to *have the City Attorn ey contact Attorney Margaret Sohagi to
obtain her rationale, in writing, for the exception statement in Measure A.
*C O R R E C T 10 N ABOVE from 5/12/98 City Council meeting: Per Councilmember Reilly (addition underlined)
This item is to be returned to the next meeting for review and possible action.
3) Request for staff report on Greenbelt Alliance meeting re. Measure A
Councilmember Reilly reported *he, Councilmember Flores, Assistant City Manager Leivo,
Karen *Christa Shaw with Greenbelt Alliance, and County Supervisor Smith attended a
meeting to discuss Measure A. Greenbelt Alliance was concerned about Measure A - -they
support urban growth boundaries. It was suggested the loophole could be addressed in the
November election.. He felt there should be a report (from staff or the City Attorney)
concerning at what level is staff involvement considered campaigning. He noted that
Assistant City Manager Leivo did prepare the report. Mayor Spiro read the letter.
*C O R R E C T 10 N S ABOVE from 5/12/98 City Council meeting. Per Councilmember Reilly (deletions lined out/addition underlined)
Councilmember Reilly noted that affordable housing and fair -share housing are different.
Ms. Shaw needs the proper documents for evaluation of a loophole she feels exists. It
appears the Greenbelt Alliance will not be supportive of this ballot.
Councilmember Mackenzie noted he is pleased Greenbelt Alliance has examined the
exception; they have excellent attorneys, who will say there is a major loophole in the
measure.
4) Miscellaneous:
*Councilmember Reilly stated he wants to go over findings in changes in the General Plan
document.
*Mayor Spiro asked the buildout population policy (Exhibit D, page 5) dealing with the City
of Cotati and Sonoma State be agendized for the next meeting. She questioned the urban
open space criteria within the city.
*Mayor Spiro read a letter from the Sonoma County Office of Education which announced
that May is "Spit Tobacco Awareness Month."
*She thanked Mike Stephens of Rohnert Park Gymnastics for donating and driving his 1970
Bonneville in Petaluma's Eggs & Butter Parade, and thanked his daughter, also, for her
attendance.
19. CITY MANAGER'S REPORT:
1) City's Travel Expenditure Policy - City Manager Netter commented on the policy as he
understood Council to redirect, for payment of no spouses.
Mayor Spiro remarked this policy should not extend to those who serve on commissions
who receive 130 salary, no benefits and are not staff. This item kvill be discussed further at
budget time.
Vice Mayor Vidak - Martinez leaves: Vice Mayor Vicki Vidak - Martinez left the meeting at this
point, at approximately 10:00 p.m.
RlmerC l'a i itt
t r11 tliii
EXTEND COUNCIL. MEETING: Upon motion by Councilmember Mackenzie, seconded by
Councilmember Flores, and unanimously approved to continue this meeting past
10:00 p.m. to finish necessary agenda items.
2) M Park Pool - Aquatics Plan
City Manager Netter reported that before there are decisions made, a complete aquatics
plan should be reviewed. This matter will be discussed in greater detail during the
budget sessions.
3) Copeland Creek Clean -Up 1998 - update
The clean-up is scheduled for Tuesday, June 2. Public Works Manager Stephens is
overseeing this.
4) Allocation of Wastewater Capital Cost per Rohnert Park Budget
City Engineer Gaffney reported he met with Santa Rosa officials concerning various types
of expansion, even though there would be no real capacity addition.
Councilmember Flores commended the strong analysis prepared. Councilmember
Mackenzie noted the report was excellent.
5) Santa Rosa Wastewater Allocations - update
City Manager Netter reported Santa Rosa is working on an interim rating of the plant- -
hopefully, it will be finalized early next year This would be prior to the sewer capacity
expansion as a result of the Long Term Wastewater Disposal Plan.
6) 2x2x2 Committee - update on meeting dates for Committee
City Manager Netter will schedule a Mayors meeting with Cotati in the near future and
then a meeting with Cotati, Rohnert Park and the School District (2x2x2 meeting) in mid
to late July.
7) Sewer Plant Land Proposed Projects Update, i.e. Eagle Golf, T's Academy, Community
School, Assistance Dog Institute
City Manager Netter reported the Assistance Dog Institute was approved in concept only.
He asked if the Council is still in line with Eagle Golf, who calls him weekly about the
Council's position. T's Academy, Crushers' parking requirements, Eagle Golf, the Dog
Institute are entities the Council should decide where to site. However, the driving range
requires a different study. Council agreed they should look at each proposal and make
decisions based on what is best for the City.
Councilmember Flores noted Eagle Golf should come forward with a firm proposal that
includes a good, strong return. The City should move forward with the community school
now that legal ownership has been determined.
R%nrt.ParYc<£iiy+u�neii�utes rit 2,1 ;i
8) Miscellaneous, if any
Councilmember Mackenzie suggested the City should have a master Councilmember
availability calendar.
Mayor Spiro noted Rohnert Park no longer is a member of the Local Government
Commission. Councilmember Mackenzie stated that, by attending a conference in March,
he thought the City had rejoined - -if the City is not going to join, he will take out a personal
membership.
Staff was asked to prepare an updated listing of organizations the City has joined.
City Manager Netter noted April 22 was Earth Day and Public Works Manager Stephens
instituted a unique program to observe this day. Mr. Stephens described how his
department broke into work teams on projects that had to do with Earth Day. He divided
staff into groups of those who did not usually work together - -to select goals, projects, and
implement self - supervision. Two groups from the high school helped plant trees along
Copeland Creek. Some trees from Rohnert Park's Sister City, were planted. The atrium,
community garden, the slope that faces the animal shelter were planted. M Park students
from Monte Vista School worked on the planter area.
Mayor Spiro thanked Mr. Stephens for his innovative ideas.
Councilmember Reilly recommended staff work with the Mayor in preparing a letter
congratulating Bill Stephens and his staff for this work. Bill Stephens acknowledged his
staff will appreciate this.
20. CITY ATTORNEY'S REPORT:
1) Any items from closed session - The Mayor's report was sufficient for this item.
2) Analysis on Public Notices
City Attorney Flitner reported his analysis of public notice for Resolution 98 -69 concluded
the notice was proper. There has to be a process to conduct business while a city is
amending its General Plan. -- Councilmember Mackenzie stated he does not agree with the
City Attorney as to the nature of exhibits.
3) Campaign Signs on Public Propert y - City Attorney Flitner provided an opinion on this
item in writing. No questions were asked.
21. UNSCHEDULED PUBLIC APPEARANCES: Mayor Spiro asked if there were any additional
unscheduled public appearances at this time. There were none.
22. ADJOURNMENT: There being no further business, Chairperson Spiro adjourned the April 28,
1998 City Council meeting at approximately 10:35 p.m.
Dep Ci lerk
KF t mins:042898mn
Mayor