CITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
August 23, 2005
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 meeting to commence at 6:00 p.m. at
the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert
Park, with Mayor Mackenzie presiding.
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Mayor Mackenzie CALLED the Council Meeting to order at
6:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: (5) Councilmembers Breeze, Flores and Smith; Vice
Mayor Vidak-Martinez; Mayor Mackenzie
Absent: (0) None
Staff present for all or part of the Regular Session: City
Manager Donley, Assistant City Attorney Whelan, Director
Public Safety Bullard and Videographer Beltz.
ANNOUNCEMENTS:
1. Federated Indians of Graton Rancheria (FIGR) plans:
Mayor Mackenzie read the contents of the Statement of
the City of Rohnert Park regarding (1) the purchase of
a 90-acre parcel of land within the City's Urban
Growth Boundary and Sphere-of-Influence by Station
Casinos behalf of FIGR, and (2) the lack of receipt by
the City of a formal notification of change in
ownership and planned land-use changes for said parcel.
Said Press Release is ATTACHED TO THE ORIGINAL SET OF
MINUTES. Mayor Mackenzie added that the City's
statement was reviewed by City Attorney Kenyon. The
Mayor noted that FIGR's attorney, John Maier, has
notified the City of FIGR's intent to file a
supplemental notice regarding this matter. The Mayor
also stated that the Council will not agendize said
issue until the City receives formal notification
regarding the change in ownership and proposed landuse
changes.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(2 )
2. Sonoma State University (SSU) plans: Mayor Mackenzie
announced that the City has not been formally notified
of proposed plans by SSU to construct houses on land
in the Northeast corner of the City. He noted that
said project would be subject to a California
Environmental Quality Act (CEQA) review.
1. SCHEDULED APPEARANCES/PRESENTATIONS:
1. Seamus Seanachaoi regarding mixed-use, low-income
housing, parks, gang activity and tax-dollar
allocation: Mr. Seanachaoi expressed the reasons for
his concern that the City Council is too
preoccupied with developers and theoretical planning
fads such as in-fill and mixed development, low-income
housing and Green Building Guidelines, rather than
the needs of the average citizen. He urged Council
to focus more on the City's gang problems, nuisance
abatement in A and B Sections and neighborhood parks
and creeks.
2. UNSCHEDULED PUBLIC APPEARANCES/COMMENTS:
1. Susan Adams, 5758 Davis Circle, was recognized and read
from written comments ATTACHED TO THE ORIGINAL SET OF
MINUTES. She noted FIGR's plans to develop a resort/
casino inside the City's Urban Growth Boundary, and
she asked Council to place an advisory vote on the
ballot, giving Rohnert Park citizens an opportunity
to weigh in on this important issue.
2. H.R. Downs, P.O. Box 747-3030, was recognized and
referred Council to a recent letter, ATTACHED TO THE
ORIGINAL SET OF MINUTES, from the O.W.L. Foundation.
He expressed the reasons for his concern regarding a
proposed casino within City limits, which would have
federal water rights. He explained how the water rights
of every stakeholder in Sonoma County are at risk if the
City permits a casino with federal water rights to be
established in an area of proven groundwater overdraft,
and he urged the Council to wait for the litigation over
the Water Supply Assessment (WSA) to be resolved before
taking any action in this matter.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(3 )
3. Greg Nordin, Rohnert Park, was recognized and shared
written comments, ATTACHED TO THE ORIGINAL SET OF
MINUTES, regarding his concern about Mayor Mackenzie's
creation of ad hoc committees and their ability to
represent the interests of the City's taxpayers. In
particular, he discussed his concerns about the SSU
Ad Hoc Committee and how SSU's plans to develop an open
space area will cost the City's taxpayers. He urged
the Mayor to see to it that the Council firmly negotiates
with SSU per this proposed development project and that
the community gets a chance to examine and discuss it
as well.
4. Chip Worthington, 4695 Snyder Lane, was recognized and
commended the Council for wanting further study and
research before taking any action on casino matters.
He reviewed past legal activity over the proposed
casino, and he suggested that it would be very difficult
to get an urban casino approved. He urged the Council
to get a Community Impact Report (CIR) for any casino
project, and he recommended that the City put more focus
on higher education.
5. Gerard Giudice, 7396 Circle Drive, was recognized and
expressed his opposition to any casino project, while
noting a desire for a more open public process regarding
the proposed new casino site. He also cited several gang
and alcohol/drug problems in C Section parks, and he
asked for Council assistance in cleaning them up.
Furthermore, he encouraged the Council to support Pam
Torliatt for Joe Nation's seat in the Assembly.
6. John Hudson, 399 Bonnie Avenue, was recognized and
reviewed an article from Western City Magazine entitled,
"Legal Notes: Are Utility Fees Subject to
Proposition 218?" and ATTACHED TO THE ORIGINAL SET OF
MINUTES. He discussed how Proposition 218 is not met in
the City's recent sewer increase and how the City
provides sewer infrastructure to developers for half the
price by making its citizens pay. He urged the City to
raise its sewer connection fee.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(4 )
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3. CONSENT CALENDAR:
Mayor Mackenzie asked if there were any questions about the
matters on the Consent Calendar. Mayor Mackenzie signified
removal of the following items for further discussion: The
Special Joint Meeting on July 13, 2005 and Resolution
No. 2005-263 per Councilmember Smith's recommendation.
A. APPROVAL OF CITY COUNCIL PORTION OF MEETING MINUTES FOR:
REGULAR MEETINGS - JULY 12, 2005 and JULY 26, 2005
B. APPROVAL OF CITY BILLS/DEMANDS FOR PAYMENT CONCURRENTLY
FOR:
CITY OF ROHNERT PARK/CITY COUNCIL IN THE AMOUNT OF:
$2,001,554.57
C. RESOLUTIONS FOR ADOPTION:
2005-261 EXPRESSING CONGRATULATIONS ON A VICTORIOUS SEASON
TO CAL RIPKEN ALL STARS TEAM
2005-262 EXPRESSING CONGRATULATIONS TO MATT HAUFF FOR TOP
HONORS IN THE RED BULL DRIVER SEARCH AT INFINEON
RACEWAY KARTING COMPETITIONS
2005-264 APPROVAL OF AGREEMENT WITH GREYSTONE WEST COMPANY
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
BURTON AVENUE RECREATION CENTER RE-ROOFING AND
ACCESSIBILITY IMPROVEMENTS PROJECT NO. 2004-04
2005-265 APPROVAL OF AGREEMENT WITH GREYSTONE WEST COMPANY
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
CALLINAN SPORTS & FITNESS CENTER RE-ROOF PROJECT
NO. 2004-07
2005-266 AMENDMENT NO. 1 TO TASK ORDER NO. 2004-06 WITH
WINZLER & KELLY ENGINEERS FOR CONSTRUCTION SUPPORT
SERVICES FOR THE SEWER FLOW METER REPLACEMENT
PROJECT NO. 2003-32
2005-267 APPROVAL OF AGREEMENT FOR ENGINEERING SERVICES FOR
2006 STREET MAINTENANCE PROJECT NO. 2005-04 WITH
BAECHTEL HUDIS, INC.
2005-268 APPROVING CONTRACT CHANGE ORDER NO. 1 WITH
ARGONAUT CONSTRUCTORS, INC. FOR VARIOUS STREET
OVERLAYS 2004, PROJECT NO. 2003-27 FOR $4,786.30
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(5 )
2005-269 APPROVING CONTRACT CHANGE ORDER NO. 2 WITH
ARGONAUT CONSTRUCTORS, INC. FOR VARIOUS STREET
OVERLAYS 2004, PROJECT NO. 2003-27 FOR
<$134,089.26>
2005-270 AGREEMENT WITH SHARP INSPECTION GROUP FOR
INSPECTION OF COMMERCIAL WATER METER REPLACEMENT
PROJECT - PHASE THREE
2005-271 AUTHORIZING RECLASSIFICATION OF THE POSITION OF
ASSISTANT CITY MANAGER TO HIGHER MANAGEMENT UNIT
SALARY RANGE
2005-272 AUTHORIZATION FOR THE MAYOR TO SUBMIT THE CITY'S
RESPONSE TO THE GRAND JURY ON BEHALF OF THE CITY
COUNCIL
Upon MOTION by Vice Mayor Vidak-Martinez, seconded by
Councilmember Flores, reading was waived and a motion to
approve the Consent Calendar as outlined in the meeting's
agenda, with the exception of the Special Joint Meeting of
July 13, 2005, as well as Resolution No. 2005-263, was
UNANIMOUSLY APPROVED.
Items for Consideration:
APPROVAL OF CITY COUNCIL PORTION OF MEETING MINUTES FOR:
SPECIAL JOINT MEETING - JULY 13, 2005
Councilmember Smith expressed a desire to amend the noted
paragraph to include the following dialogue: Page 3, Item
No. 2, "Planning Areas," Item b, "Stadium, City Center,
Agilent Areas." As the second sentence, add the following:
"In response to Councilmember Smith's inquiry regarding any
contractual agreements to annex land in the General Plan,
City Attorney Kenyon stated that there are no such contracts
to date." Upon MOTION by Vice Mayor Vidak-Martinez,
seconded by Councilmember Flores, a motion to approve the
Special Joint Meeting Minutes of July 13, 2005 AS AMENDED
was UNANIMOUSLY APPROVED.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(6 )
2005-263 REJECTION OF THE CLAIM OF PAUL D. STUTRUD FOR
ALLEGED VIOLATION OF ARTICLE XIII D, SECTION 6 OF
THE CALIFORNIA CONSTITUTION REGARDING SEWER AND
WATER INCREASES
Councilmember Smith shared comments on Proposition 218. In
response to Councilmember Smith's inquiry, Assistant City
Attorney Whelan confirmed that the City's utility accounting
costs are separate and distinct, are collected solely for
the purpose of recovering costs and not monies transferred
to and from the General Fund. Upon MOTION by Councilmember
Smith, seconded by Councilmember Flores, and UNANIMOUSLY
APPROVED, reading was waived and Resolution 2005-263 was
ADOPTED.
************************************************************
4. COMMUNICATIONS:
Communications per the attached outline were brought to the
attention of the Councilmembers.
Water Meters/Water Rates: Councilmember Breeze called
Council attention to two letters from people in Rancho
Grande Mobilehome Park regarding an interest in having
water meters installed and expressing concern about
being charged commercial water rates. Council CONCURRED
TO DIRECT STAFF to REPORT BACK with more information (1)
on providing individual water meters in mobilehome
parks, and (2) on water/sewer rates in mobilehome parks
and apartment complexes.
Recreational Vehicle Parking in Unincorporated Areas: At
the request of Councilmember Flores, Council CONCURRED TO
AGENDIZE for the next Council meeting consideration of a
letter supporting Sonoma County Board of Supervisor Mike
Kerns' proposal on RV parking.
Press Release from FIGR re land sold by Redwood Equities:
Councilmember Smith stated that the General Plan is not
contractual in that it does not supply any specific
rights to developers. Assistant City Attorney Whelan
confirmed that Redwood Equities has not breached any
contract in terms of the sale of land to FIGR. In
response to an inquiry by Mayor Mackenzie, City Manager
Donley stated that the City has not been approached by
Station Casinos regarding their casino plans despite
asking for said plans.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(7 )
Meeting with SSU representatives: Councilmember Smith
noted that the City's SSU Ad Hoc Subcommittee's recent
meeting with SSU was agendized and took place in public.
Vice Mayor Vidak-Martinez noted that she and
Councilmember Smith, as members of the SSU Ad Hoc
Subcommittee, reported out on said meeting as well.
Councilmember Smith commented on aspects of open
government, and he noted his attendance at a recent
breakfast in Santa Rosa regarding education and business,
as well as a conversation with President Arminana of SSU.
Mayor/City Manager meeting with SSU representatives:
Mayor Mackenzie shared comments on how the Councilmembers
faithfully report back to the full Council on the results
of Council committee meetings, and he noted this week's
meeting of City Manager Donley, himself and
representatives from SSU regarding the University's
intention to purchase lands east of the City. He noted
that said meeting was reported, and he added that it
may have been a coincidence that SSU waited until the
same time as FIGR to make their press release.
Creek Stewardship Program for Rohnert Park and Cotati:
Mayor Mackenzie referred to a letter from Mike
Thompson, Chief Engineer of Sonoma County Water Agency
(SCWA), regarding a request for the City to meet with
SCWA to assist with this program. Mayor Mackenzie
REQUESTED TO AGENDIZE for a future Council agenda
consideration of a Staff Report regarding SCWA's request
for the City to work with them to develop a Creek
Stewardship Program. The Mayor also noted that there
will be a Laguna de Santa Rosa Foundation meeting next
month.
5. PUBLIC COMMENTS:
Members of the public desiring to speak were invited to
come forward. No members of the public responded.
Mayor Mackenzie ADJOURNED the City Council meeting at
6:50 p.m. to consecutively and separately convene the
meetings of the Community Development Commission and the
Rohnert Park Financing Authority.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(8 )
************************************************************
COMMUNITY DEVELOPMENT COMMISSION
of the
CITY OF ROHNERT PARK
August 23, 2005
Tuesday
The Meeting of the City of Rohnert Park for the Community
Development Commission (CDC) met this date in Regular
Session commencing at 6:50 p.m. at the Rohnert Park City
Hall, 6750 Commerce Boulevard, Rohnert Park, with
Chairperson Mackenzie presiding.
CALL TO ORDER:
Chairperson Mackenzie CALLED the CDC Meeting to order at
6:50 p.m.
ROLL CALL:
Present: (5) Commissioners Breeze, Flores, Smith and
Vidak-Martinez; Chairperson Mackenzie
Absent: (0) None
Staff present for all or part of the CDC Meeting:
Executive Director Donley, Assistant General Counsel Whelan,
Videographer Beltz and Transcriber Leonard.
UNSCHEDULED PUBLIC APPEARANCES: None.
************************************************************
CONSENT CALENDAR
Chairperson Mackenzie asked if there were any questions
about matters on the Consent Calendar. No Commissioner
responded.
A. APPROVAL OF CDC PORTION OF CONCURRENT CITY MEETING
MINUTES FOR:
REGULAR MEETINGS - JULY 12, 2005
REGULAR MEETINGS - JULY 26, 2005
B. APPROVAL OF CDC BILLS/DEMANDS FOR PAYMENT:
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$59,710.93
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(9 )
Upon MOTION by Commissioner Flores, seconded by Commissioner
Breeze, reading was waived and a motion to approve the CDC
Consent Calendar, as outlined in the meeting's agenda,
was UNANIMOUSLY APPROVED.
************************************************************
ADJOURNMENT OF CDC MEETING:
There being no further business, Chairperson Mackenzie
adjourned the CDC Meeting at 6:50 p.m.
************************************************************
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ROHNERT PARK FINANCING AUTHORITY
of the
CITY OF ROHNERT PARK
August 23, 2005
Tuesday
The Meeting of the City of Rohnert Park for the Rohnert
Park Financing Authority (RPFA) met this date in Regular
Session commencing at 6:51 p.m. at the Rohnert Park City
Hall, 6750 Commerce Boulevard, Rohnert Park, with
Chairperson Mackenzie presiding.
CALL TO ORDER:
Chairperson Mackenzie CALLED the RPFA Meeting to order at
6:51 p.m.
ROLL CALL:
Present: (5) Members Breeze, Flores, Smith and
Vidak-Martinez; Chairperson Mackenzie
Absent: (0) None
Staff present for all or part of the CDC Meeting:
Executive Director Donley, Assistant General Counsel Whelan,
Videographer Beltz and Transcriber Leonard.
UNSCHEDULED PUBLIC APPEARANCES: None.
************************************************************
CONSENT CALENDAR
Chairperson Mackenzie asked if there were any questions
about matters on the Consent Calendar. No Member
responded.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
August 23, 2005 Page(10)
A. APPROVAL OF RPFA PORTION OF CONCURRENT CITY MEETING
MINUTES FOR:
REGULAR MEETINGS - JULY 12, 2005
REGULAR MEETINGS - JULY 26, 2005
Upon MOTION by Member Smith, seconded by Member Vidak-
Martinez, reading was waived and a motion to approve the
RPFA Consent Calendar, as outlined in the meeting's agenda,
was UNANIMOUSLY APPROVED.
************************************************************
ADJOURNMENT:
There being no further business, Chairperson Mackenzie
adjourned the RPFA Meeting at 6:51 p.m.
************************************************************
____________________________ ____________________
Katy Leonard Jake Mackenzie
Certified Shorthand Reporter Mayor
CSR No. 11599 City of Rohnert Park
*City Council/Community Development Commission/
Rohnert Park Financing Authority
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