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2003/06/24 City Council Minutes (3)CITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY June 24, 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 6:01 p.m and led the pledge of allegiance. ROLL CALL: Present: (4) Councilmembers Mackenzie, Spradlin, and Vidak- Martinez; and Mayor Flores Absent: (1) Vice Mayor Nordin Mayor Flores noted that Vice Mayor Nordin is back East with his son, Adam, who will be entering West Point. Staff present for all or part of the Work Session: City Manager Leivo, City Attorney Strauss, Public Works Manager Stephens, Director Public Safety Bullard, Finance Director Lipitz, and Interim City Engineer Bertolero. 1. SCHEDULED APPEARANCES: Rachel M. Fletcher and Margaret Cavanaugh - Submission of petition requesting City Council not amend City ordinance concerning prohibiting alcoholic beverages in City parks: Ms. Fletcher and Ms. Cavanaugh referred Council to the petition /letters submitted to Council, and they urged the Council to reconsider the impact of the ordinance, citing the lack of alcohol- related incidents in their adult softball leagues, current alcohol laws concerning under -age drinking and public drunkenness, and the need to punish individuals responsible for violent activity in City parks. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park June 24, 2003 2. PUBLIC COMMENT: *CONCURRENT MEETINGS MINUTES Page (2 ) 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. Robert Young, 6086 Diane Court, was recognized and requested Council support for the 2003 Friends of Scouting campaign. He referred Council to a letter he had sent them regarding the campaign, and he discussed the financial challenges facing the local Boy Scouts. Mr. Young acknowledged Councilmember Vidak- Martinez' donation, and Mayor Flores PRESENTED Mr.Young with a personal donation. 3. STUDENT REPORTS: 1. SSU - Sonoma State University Associated Students, Inc.: Jenn Wong, ASI Liaison, was not present due to summer break. 2. High School - Youth Leadership of Rohnert Park: Inactive during summer break. 4. CONSIDERATION OF AMENDMENT TO ROHNERT PARK MUNICIPAL CODE CHAPTER 9.34.020 TO PROHIBIT ALCOHOLIC BEVERAGES IN CITY PARKS: a. Staff Report: City Manaqer Leivo and Director Public Safety Bullard shared the contents of the staff report. Staff responded to Council inquiries about enforceability, permits, informal gatherings, and softball teams. b. Public Comments: Mayor Flores called forward members of the public desiring to speak on this matter. 1. Tom Cavanaugh, Rohnert Park, suggested that the ordinance is a knee -jerk reaction to an isolated incident, and he recommended putting the ordinance before the voters. 2. Barbara Arend, Rohnert Park, reminded Council that most adults drink responsibly in the parks without incident. 3. Rachel Fletcher, Rohnert Park, discussed the added burden the ordinance places on Public Safety, and she noted that there are already alcohol laws on the books. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page(3 ) c. Council Discussion /Action: Councilmember Vidak- Martinez recommended a trial period for the ordinance, and Mayor Flores DISTRIBUTED a handout and recommended an Alcohol Beverage Use Registration Form for telephonic registration. Councilmember Spradlin expressed concern about creating ,a lot of bureaucratic tape. Ordinance for Adoption: No. 698 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION 9.34.020, ALCOHOLIC BEVERAGES; DRINKING AND POSSESSION THEREOF PROHIBITED IN CERTAIN LOCATIONS Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, and APPROVED 3 -1 -1 with Councilmember Spradlin dissenting and Vice Mayor Nordin absent, reading was waived and Ordinance No. 698 was ADOPTED, with a FRIENDLY AMENDMENT by Councilmember Mackenzie and accepted by the maker of the motion, to include a six -month sunset period in the ordinance, as well as telephone registration. City Manager Leivo indicated that he will bring back a permit process for Council review prior to the ordinance taking effect in 30 days. Councilmember Mackenzie noted that he will support a sunset -to- sunrise ban on alcohol in City parks should the six -month review show that Ordinance 698 has been ineffective and /or too difficult to enforce. 5. MOBILE HOME PARK MATTERS - SALE OF RANCHO FELIZ MOBILE HOME PARK TO MILLENNIUM HOUSING: a. Report from Bond Underwriter and Counsel: City Manager Leivo summarized the staff report, and George Turk, President, Millennium Housing, shared brief comments on the proposal. A representative for the bond underwriter discussed the bonds, and a representative for bond counsel was also present. b. Public Comment: None. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page (4 ) 1. Rohnert Park Financing Authority Matter: RPFA Resolution for Adoption: 2003 -01 A RESOLU'T'ION OF THE ROHNERT PARK FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF ITS NOT -TO- EXCEED $19,000,000 AGGREGATE PRINCIPAL AMOUNT OF ROHNERT PARK FINANCING AUTHORITY MOBILE HOME PARK REVENUE BONDS (RANCHO FELIZ MOBILE HOME PARK) 2003 SERIES A AND SERIES B, AND APPROVING CERTAIN DOCUMENTS, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and Rohnert Park Financing Authority Resolution 2003 -01 was ADOPTED. 2. Community Development Commission Matter: CDC Resolution for Adoption: 2003 -05 A RESOLUTION OF THE ROHNERT PARK COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK APPROVING A SUPPLEMENTAL REGULATORY AGREEMENT AND AN ADMINISTRATION AND OVERSIGHT AGREEMENT WITH RESPECT TO THE RANCHO FELIZ MOBILE HOME PARK Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and Community Development Commission Matter 2003 -05 was ADOPTED. 6. REFUNDING OF 1994 COP'S AND 1999 MASTER E®UTPMF.NT LEASE COP'S: a. Report from Bond Underwriter and Counsel: City Manager Leivo and Finance Director Lipitz shared the contents of the staff report. Representatives for the bond underwriter and bond counsel were present. b. Public Comment: None. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page (5 ) 1. City of Rohnert Park Matters: Resolution for Adoption: 2003 -143 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE ISSUANCE BY THE ROHNERT PARK FINANCING AUTHORITY OF NOT -TO- EXCEED $7,500,000 AGGREGATE PRINCIPAL AMOUNT OF LEASE REVENUE REFUNDING BONDS, SERIES 2003 FOR THE REFINANCING OF CERTAIN CAPITAL IMPROVEMENTS LOCATED WITHIN THE CITY; AUTHORIZING THE FORMS OF AND DIRECTING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, A FACILITIES LEASE, A SITE LEASE, A SECOND AMENDMENT TO REIMBURSEMENT AGREEMENT, A PURCHASE CONTRACT, AND A CONTINUING DISCLOSURE AGREEMENT; APPROVING FORM OF AND DISTRIBUTION OF AN OFFICIAL STATEMENT FOR THE BONDS; AND AUTHORIZING TAKING OF NECESSARY ACTIONS AND EXECUTION OF NECESSARY DOCUMENTS IN CONNECTION THEREWITH Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and City of Rohnert Park Resolution 2003 -143 was ADOPTED. 2003 -144 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT WITH UNION BANK OF CALIFORNIA, N.A. (REFUNDING ESCROW AGREEMENT, MASTER EQUIPMENT LEASE PROGRAM - 1999 SERIES A) Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and City of Rohnert Park Resolution 2003 -144 was ADOPTED. 2003 -145 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT WITH UNION BANK OF CALIFORNIA, N.A. (REFUNDING ESCROW AGREEMENT, ROHNERT PARK PUBLIC SAFETY FACILITY PROJECT) Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and City of Rohnert Park Resolution 2003 -145 was ADOPTED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page(6 ) 2. Community Development Commission Matter: CDC Resolution for Adoption: 2003 -v6 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AUTHORIZING THE FORM OF AND DIRECTING THE EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO REIMBURSEMENT AGREEMENT; AND AUTHORIZING TAKING OF NECESSARY ACTIONS AND EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES IN CONNECTION THEREWITH Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and Community Development Commission Matter 2003 -06 was ADOPTED. 3. Rohnert Park Financing Authority Matter: RPFA Resolution for Adoption: 2003 -02 A RESOLUTION OF THE ROHNERT PARK FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF NOT -TO- EXCEED $7,500,000 AGGREGATE PRINCIPAL AMOUNT OF LEASE REVENUE REFUNDING BONDS, SERIES 2003 FOR THE REFINANCING OF CERTAIN CAPITAL IMPROVEMENTS LOCATED WITHIN THE CITY; AUTHORIZING THE FORMS OF AND DIRECTING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, A FACILITIES LEASE, A SITE LEASE, A PURCHASE CONTRACT, AND A CONTINUING DISCLOSURE AGREEMENT; APPROVING FORM OF AND DISTRIBUTION OF AN OFFICIAL STATEMENT FOR THE BONDS; AND AUTHORIZING TAKING OF NECESSARY ACTIONS AND EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES IN CONNECTION THEREWITH Upon MOTION by Councilmember Spradlin, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and Rohnert Park Financing Authority Resolution 2003 -02 was ADOPTED. 7. FISCAL YEAR 2003 -2004 CITY BUDGET: a. Staff Report: Finance Director Lipitz DISTRIBUTED a handout, entitled "City of Rohnert Park 2003 -04 Proposed Budget," and she summarized the City's revenues and expenditures via a slide show presentation. Councilmembers discussed infrastructure priorities, and City Manager Leivo outlined his general approaches to this year's budget. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page(7 ) b. PUBLIC HEARING: Mayor Flores opened the Public Hearing at 7:24 p.m. There being no member of the public desiring to speak on this matter, Mayor Flores closed the Public Hearing at 7:24 p.m. c. Council Discussion /Action: Councilmember Mackenzie DISTRIBUTED AND PARAPHRASED a letter, ATTACHED TO THE ORIGINAL SET OF MINUTES. He outlined his reasons for voting against the budget, citing strong disagreement. with the manner in which City staff was reduced to balance the budget, and suggesting that political retribution in several cases overrode the City's own policies on layoffs. He suggested a full budget analysis department by department, and he indicated that the City's generous employee benefit and retirement packages, plus the salary increases, will become growing problems for future councils. Mayor Flores discussed the process by which City Manager Leivo was selected, and Councilmembers Spradlin and Vidak- Martinez commended staff for balancing the budget without reductions in service or any effects to the City's reserves. Councilmember Vidak- Martinez also recommended that staff begin at this time to .look closely at how to build revenues for the City. Resolution for Adoption: 2003 -146 APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 2003 -04 Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, and APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Vice Mayor Nordin absent, reading was waived and Resolution 2003 -146 was ADOPTED. 8. EMPLOYEE MEMORANDUMS OF AGREEMENT /OUTLINES: a. Staff Report: City Manager Leivo shared the contents of the staff report. b. Public Comments: None. c. Council Discussion /Action: Resolutions for Adoption: 2003 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA) *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page (8 ) Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, and APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Vice Mayor Nordin absent, reading was waived and Resolution 2003 -147 was ADOPTED. 2003 -148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 707 (CERTAIN EMPLOYEES IN THE DEPARTMENT OF PUBLIC WORKS) Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, and APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Vice Mayor Nordin absent, reading was waived and Resolution 2003 -148 was ADOPTED. 2003 -149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE ROHNERT PARK CONFIDENTIAL UNIT Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, and APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Vice Mayor Nordin absent, reading was waived and Resolution 2003 -149 was ADOPTED. 2003150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Spradlin, and APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Vice Mayor Nordin absent, reading was waived and Resolution 2003 -150 was ADOPTED. FOR THE RECORD, Councilmember Mackenzie discussed the need for several senior management positions in a city the size of Rohnert Park, including a Human Resources Director, a Public Works Manager, and particularly a Building Official. He expressed his strong opposition to the ill- considered and hasty manner in which several senior managers were laid off recently, and he cited the example of the division commanders in Public Safety and the haste to remove senior Fire Commander Cassel. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page(9 ) 9. FIVE -YEAR IMPLEMENTATION PLAN FOR THE COMMUNITY DEVELOPMENT COMMISSION: a. Staff Report: City Manager Leivo shared the contents of the staff report. b. PUBLIC HEARING: Mayor Flores opened the Public Hearing at 8:01 p.m. There being no member of the public desiring to speak on this matter, Mayor Flores closed the Public Hearing at 8:01 p.m. c. Council Discussion /Action: At the suggestion of Councilmember Mackenzie, Council CONCURRED TO AGENDIZE the matter of increasing the percentage of monies set aside for housing funds at such time as the State has a definitive budget in place that will not affect the City's Redevelopment funds. CDC Resolution for Adoption: 2003 -07 ADOPTING THE "REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN 2002/2003- 2006/2007" Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and CDC Resolution 2003 -07 was ADOPTED. 10. AMENDING THE METHOD OF DETERMINING ROHNERT PARK DISPOSAL'S PAYMENT: a. Staff Report: City Manager Leivo shared the contents of the staff report. b. Public Comments: None. c. Council Discussion /Action: At the suggestion of Councilmember Mackenzie, staff indicated that a model /example can be added to the agreement. Resolution for Adoption: 2003 -151 AUTHORIZING AND APPROVING AMENDMENT NUMBER ONE TO THE AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK DISPOSAL, INCORPORATED Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Vice Mayor Nordin absent, reading was waived and Resolution 2003 -151 was ADOPTED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page(10) 11. POLICY FOR COUNCIL COMMITTEES: a. Council Discussion /Action: Councilmember Vidak- Martinez referred Council to her draft policy for Council Committees, and she shared the recommendations made by Director Public Safety Bullard, including the following matters: (1) Indication of whether the committee is ongoing or investigatory; (2) Need for appointees to communicate conflict -of- interest issues to the Mayor immediately; (3) Clarity of communication between staff and committee members; (4) Committee findings and recommendations shall be presented to Council in a written document; and (5) Only the City Manager shall assign staff to assist with committee meetings and presentations to Council. Mayor Flores referred Council to his overview of Council Committee policies /parameters. At the suggestion of Councilmember Vidak- Martinez, Council CONCURRED to bring back consideration of said item as a Consent Calendar item at the next meeting. Mayor Flores indicated Council will receive a final written policy prior to the next meeting. 12. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Mayors' & Councilmembers' Association of Sonoma County, Board of Directors Meeting, June 12, 2003: Mayor Flores updated Council on the affirmation of the nominees for the ABAG positions, the Sonoma County Agricultural Preservation and Open Space District, and the LAFCO alternate. He indicated that interim assignments will be considered at the next General Membership meeting on July 10th in Rohnert Park. Councilmember Mackenzie discussed his service on the ABAG Regional Planning Committee. 2. Community Showcase, June 25, 2003: Councilmember Vidak- Martinez discussed on her involvement in the Community Showcase, tomorrow from 4:00 to 7:00 p.m. in conjunction with the opening of the new Rohnert Park Community Library. She shared comments on the numerous organizations holding the event and the need for community building in Rohnert Park. Furthermore, she invited all members of the public to join in the festivities. *City Council /Comml.i.nit.y Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page(11) 3. Sonoma County Waste Management Agency Meeting, June 18, 2003: Councilmember Mackenzie commented on two matters: (1) Update on the Draft EIR Integrated Waste Management Plan, scheduled for consideration by the Garbage Subcommittee sometime in the fall; (2) Rohnert Park's notable recycle rate of 61 percent. 4. Sonoma -Marin Area Rail Transit Meeting, June 18, 2003: Councilmember Mackenzie noted that SMART's Board of Directors continue work on complex real estate transactions. He also reported on his representation of the Sonoma County Transportation Authority (SCTA) at yesterday's Metropolitan Transportation Commission meeting at which all nine congestion management agencies of the Bay Area were present and connectivity of transportation issues and land issues was discussed. Finally, he updated Council on the ongoing public outreach concerning the widening of Highway 101, particularly future changes to the Highway 116 /Gravenstein interchange. 5. Santa Rosa Board of Public Utilities, June 19, 2003: City Manager Leivo reported that the Board voted unanimously to recommend approval to the Santa Rosa City Council of Rohnert Park's agreement clarifying the loan of sewer capacity to Rohnert Park. 6. Other, if any: EMERGENCY ITEM: At the request of Councilmember Vidak- Martinez, Council CONCURRED to consider a letter of support for the International Council for Local Environmental Initiatives (ICLEI) as an emergency item. Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, a motion directing the,Mayor to sign a letter of support for ICLEI's request for a direct appropriation from Congress to assist them was APPROVED 4 -0 -1 with Vice Mayor Nordin absent. Councilmember Vidak- Martinez SUBMITTED a draft letter for Mayor Flores to sign in a timely manner. Councilmember Mackenzie REQUESTED a written report from Interim City Engineer Bertolero regarding yesterday's Water Advisory Committee meeting. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page (12 ) 13. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. Councilmember Mackenzie discussed matters related to location of a tribal casino in Rohnert Park. He asked that Council keep an open mind and suggested that the Mayor may want to agendize said matter at some point. He also expressed concern with the current proposed site on aboriginal Miwok lands. Mayor Flores reported on his recent meeting with a representative from the Federated Indians of Graton Rancheria, who indicated they are willing to look at alternative sites, but will continue with their Highway 37 project proposal. Councilmember Vidak- Martinez noted that some residents have expressed to her their opposition to a casino in Rohnert Park. Mayor Flores called attention to citizen concerns with the loss of quality channels under the offerings of Comcast for basic service. Councilmember Vidak- Martinez added concerns over the quality of reception. At the suggestion of Mayor Flores, Council CONCURRED TO DIRECT STAFF to schedule a Telecommunications Subcommittee meeting prior to scheduling a monthly report /presentation from Comcast representatives to address these and other ongoing issues with Comcast. 14. MATTERS FROM /FOR COUNCIL (IF ANY): Mayor Flores asked Councilmembers if there were any matters from /for Council. No matters were discussed. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 15. 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 noted that City Manager Leivo signified removal of Resolution No. 2003 -156 for further revision and deferral to the next agenda. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - JUNE 10, 2003 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $1,229,060.42 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $245,947.62 *Ci-ty Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page(13) C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END, MARCH 31, 2003, CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL - DEFERRED COMMUNITY DEVELOPMENT COMMISSION - DEFERRED ROHNERT PARK FINANCING AUTHORITY - DEFERRED D. RESOLUTIONS FOR ADOPTION: 2003 -152 AUTHORIZING AND APPROVING AN AGREEMENT FOR CITY ENGINEERING SERVICES WITH WINZLER AND KELLY CONSULTING ENGINEERS 2003 -153 APPROVAL OF TASK ORDER NO. 2003 -1 FOR THE SEWER MODEL STUDY PHASE 1 FOR AN AMOUNT NOT TO EXCEED $51,670 2003 -154 APPROVAL OF TASK ORDER NO. 2003 -2 FOR THE STORM WATER SYSTEM MODEL STUDY PHASE 1 FOR AN AMOUNT NOT TO EXCEED $59,185 2003 -155 AUTHORIZING AND APPROVING AN APPLICATION FOR A PACIFIC GAS AND ELECTRIC COMPANY ECONOMIC DEVELOPMENT GRANT 2003 -157 APPROVING AMENDMENT NO. 9 TO THE AGREEMENT WITH OLD ADOBE SERVICES FOR PARK CLEANING 2003 -158 ACCEPTING THE QUITCLAIM DEED EXECUTED BY CROCKER HOMES, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF ROHNERT PARK Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, the Consent Calendar, with the exception of Resolution No. 2003 -156, was APPROVED 4 -0 -1 with Vice Mayor Nordin absent. Item Deferred: Resolution for Adoption: 2003 -156 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF ROHNERT PARK FOR THE 2003 -04 FISCAL YEAR PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION Item DEFERRED for further revision per the City Manager's recommendation. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page (14 16. PUBLIC COMMENT: 1. Eric Greenband, 6198 San Gabriel Place, was recognized and expressed his gratitude to City staff and Council for its quick action in addressing the problems at Sunrise Park. He noted the lack of profanity and speeding, the landscape improvements, and the overall calm in the area now. He requested that the lighting for the basketball courts remain off after nightfall. Councilmember Spradlin left the chambers at 8:42 p.m. 2. Stephen Troth, Valley Village, President, GSMOL, was recognized and expressed his concerns with the flat rate for mobile home parks. He urged the Council to individually meter the mobilehomes, and he broke down how mobile home owners under the flat rate system are paying a significant portion of the park owners' common area water bills. Councilmember Spradlin returned to the chambers at 8:45 p.m. City Manager Leivo commented on how the rates are based on usage, on the City's upgrade of the mobilehome park meters, and on the provisions in the Mobilehome Park Rent Ordinance for examination of related charges for water services. At the suggestion of Mayor Flores, Council CONCURRED to review the figures on water usage with the Homeowners' Association and the Residents' Board to discuss concerns after a run - through with the current system. Mr. Troth further inquired about who will supervise park owners to ensure that they do not add excess charges on gas and /or electric bills. At the suggestion of City Attorney Strauss, Mayor Flores DIRECTED Mr. Troth to gather information related to this matter for staff review. Finally, Mr. Troth expressed grave concern with the condition of the streets in Valley Village, and he outlined his efforts in getting the park owners to resurface said streets. He recommended that the City Attorney file an action to get the park owners to resurface the streets as a health and safety factor. At the suggestion of Mayor Flores, Council CONCURRED TO DIRECT STAFF to prepare a report about the condition of said streets in Valley Village for Council review. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES June 24, 2003 Page (15 ) ADJOURNMENT: There being no further business, Mayor Flores ADJOURNED the meeting at approximately 8:50 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 l 6,4 diib'Lr�ei��.�. is r ff i l. 4 � 4, y 61 ) � _�z eJ mi / 4V-1�� A Year and a Day Jake Mackenzie. June 24th, 2003 A year and a day have gone by since the council adopted a budget for the Year 2002- 2003. The council knew in 2000 that deficit years were ahead. Both last year, and evidently this year, members of this council are going to award yet more salary increase: [ Includes the proposed 3% increase at a cost of $180,000]]along with mandated benefit increases at a cost of $500,000 per annum. In 2000, an additional salary and benefits increase of $2,000,000 was part of the budget. Since neither the economy nor the voters cooperated with last year's budget forecast by adding the budget- balancing $3.3million to our revenue, the prophecies I made as mayor in 2001 have come to pass. A reduction in the city's work force has had to be implemented. This is no surprise to the three of us senior council members. However, I am the only one who voted against the salary increases last year and will do so again tonight! In the go -go years of the late 90's, we had avoided the consequences of expensive salary and benefit increases because revenues annually exceeded the very conservative budget forecasting then employed by our financial director. I have 3 points I will make tonight before I vote against this budget and against further salary increases. These points are consistent with my written statement last year and recent statements made regarding the manner in which terminations have been executed [and I use that verb deliberately]. Salary increases At a time of fiscal crisis, it is irresponsible to be granting salary increases, increases NOT EVEN SOUGHT BY THE EMPLOYEE BARGAINING UNITS THEMSELVES .These salary increases granted over the past 2 years and about to be added to are cumulative! Unlike other cities ,there has been no attempt to rescind unwise salary increases through discussions with employee bargaining units. Indeed, the RPPSOA refuses to even discuss such a matter. Reduction -in -Force to Balance Budget As was clearly seen two years ago, the size of our generously salaried and benefited staff needed to be reduced to balance the budget. That I forecast and to that reduction I agree. However, I DO NOT AGREE WITH THE MANNER BY WHICH THIS HAS BEEN ACCOMPLISHED AND JUSTIFIED. I believe that a systematic and carefully planned vendetta against senior city staff has been waged by a cabal of local power brokers intent on restoration of the conditions existing in this city throughout the decades until a court - ordered moratorium on construction started to bring this city to its senses in 1990. The election campaign of last year was orchestrated with the intention to restore the old power structure - not answerable to the citizens of Rohnert Park but to a select few who regularly meet on weekends at the Rogers' compound. The effort to remove the former city manager Joe Netter and most of the department heads was planned before any critical analyses of city functions and their budgetary needs was conducted. The "open recruitment" of a new City Manger was a sham. The former Assistant City manager was pre - selected to become the new City Manager as soon as the election results were tabulated. To him fell the task of firing these senior staff members no matter what the risk to the city from illegal and improper dismissal. The city's claim of financial insufficiency to justify these layoffs cannot stand scrutiny when now $180,000 miraculously becomes available to grant salary increases. These dismissals have been hastily executed with a goal of political retribution. They are not the result of careful consideration in light of the City's budgetary and management needs. Two examples suffice to illustrate my argument: -The termination of a Public Works Director ostensibly to save general fund monies when 35% of the Director's salary is not even general fund derived. In fact, the city will save NO Money by the elimination of Bill Stephens' position. He could in fact, stay on to continue the excellent work he has loyally performed these last years. -The hastily and incorrectly conducted attempt to remove Fire Chief Cassel from his position, overlooking that the more junior Police Commander would have had to be fired first. Again, political retribution overrode the City's own policies on layoffs. There's much more to this story, including the loss of key Public Works employees through the early retirement "golden handshake" offer. We will no doubt rue the day that a more considered approach was not utilized. Budget Process I will simply state that the reductions in force were conducted prior to a full budget analysis, department by department. End of story. So we return to the Dark Ages of Rohnert Park. I will continue to speak out against the manner in which the city's business has been conducted over the past six months. The full impact of the various benefits granted to city employees is yet to be felt. But as we retire more of our employees, the pension and benefit burdens are going to become more and more onerous. This is true not just in Rohnert Park but also in Sonoma County and throughout the State. As a retired Federal employee, all of my career I paid in 7 %z% after -tax income towards my retirement, and paid my share of my benefits and continue to so do as a retiree. Despite not having dental or vision insurance through the Federal Government, and despite paying my share of retirement and benefit costs, I am grateful to be in the Federal Civil Service Retirement system. I know full well that many other citizens are not so fortunate. Citizens of Rohnert Park need to realize the extent of employee benefits here in Rohnert Park — that there is an incredibly rich benefit structure and that the "employee share" of retirement is paid by the city not by the employees or the retirees themselves. Yes the budget is balanced for this year. I deplore the manner in which it was balanced. It puts this city at risk. Yes employees, including some senior staff had to be laid off. No, it should not have been done in such a manner. And on top of all that, these new salary increases and their concomitant benefits will come back to haunt future councilmembers and city managers long after we're gone from this stage.