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2009/04/14 City Council MinutesMINUTES OF THE REGULAR CONCURRENT MEETINGS OF THE CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday, April 14, 2009 The City Council of the City of Rohnert Park met this date for Regular Concurrent Meetings of the Rohnert Park City Council, Community Development Commission of the City of Rohnert Park, and Rohnert Park Financing Authority, to commence at 6:30 p.m. at the Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, with Mayor Breeze presiding. CALL TO ORDER The Regular Meeting of the City Council of the City of Rohnert Park was called to order by Mayor Breeze at 6:55 p.m. -P M.T. CA Present: Arnie Breeze, Mayor Gina Belforte, Vice Mayor Joe Callinan, Council Member Jake Mackenzie, Council Member Pam Stafford, Council Member Staff participating in all or part of the Regular Meeting: Daniel Schwarz, Interim City Manager; Michelle Marchetta Kenyon, City Attorney; Sandy Lipitz, Director of Administrative Services; Dan Adam, Fire Marshal; Maureen Rich, Senior Planner; and Terri Griffin, Deputy City Clerk. Community Media Center staff present for the recording and televised production of the concurrent meetings: Vanessa Vann, and Destiny Stone, Interns. PLEDGE OF ALLEGIANCE Mary Nguyen, student at Marguerite Hahn Elementary School, led the Pledge of Allegiance. Mayor Breeze presented Mary with a card and pen 1. PRESENTATIONS Mayor Breeze read aloud and presented Resolution No. 2009 -23, Endorsing National Crime Victims' Rights Week, April 26 -May 2, 2009, to Sonoma County District Attorney Stephan Passalacqua. Mr. Passalacqua thanked the Council, summarized the victim support services offered in Sonoma County, and distributed a flyer regarding upcoming events in recognition of Victims' Rights Week. Mr. Passalacqua recognized Assistant District Attorney Diana Gomez and Public Safety Director Masterson. Minutes of the Rohnert Park Relzular Concurrent Meetings (2 of 10) April 14, 2009 _for City Council /Community Development Commission/Rohnert Park Financing Authority 2. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS No briefings were provided. 3. PUBLIC COMMENTS M. Littlehawk Bloodworth, Rohnert Park, expressed concerns regarding alleged criminal activities in and near her home. 4. CONSENT CALENDAR Council Member Callinan signified removal of Item No. 2, City Bills /Demands for Payment. 1. Approval of Minutes for: a. City Council Special Meeting —March 17, 2009 b. City Council Special Meeting — March 24, 2009 c. City Council Portion of Regular Concurrent Meetings — March 24, 2009 d. City Council Special Meeting — March 27, 2009 3. Accepting Cash /Investments Report for Month Ending February 2009 4. Resolutions for Adoption: 2009 -28 Proclaiming May 10-16,2009, as Affordable Housing Week 2009 -29 Approving and Authorizing the Execution and Delivery of Certain Documents in Connection with a Proposed Substitution of Leased Property (located at City Center Parking Lot) 2009 -30 Approving and Adopting the Plans and Specifications for the 2009 Various Streets Surface Repairs, Project No. 2008 -02 and Awarding the Contract to International Surfacing Systems 2009 -31 Approving an Agreement for Services with Michael Brandman Associates for the Preparation of an Environmental Impact Report for the WalMart Expansion Project — File No. PL2009 -002 2009 -32 Authorizing and Approving the Fourth Amended Cooperative Agreement Between and Among the Sonoma County Water Agency, the County of Sonoma, the Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol, the Town of Windsor, and Cal American Water Company to Provide Funding and Support Information for the Santa Rosa Plain Groundwater Study 2009 -33 Authorizing and Approving the California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies 2009 -34 Approving a One -Year Extension of Temporary Debris Box Franchise Agreements with Rohnert Park Disposal, Inc. and Industrial Carting 2009 -35 Amending the FY 2008 -09 Capital Improvements Project Budget to Include a College Trunk Sewer Repair Project, City Project No. 2009 -02 MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED UNANIMOUSLY, reading was waived and the Consent Calendar was APPROVED with the exception of Item No. 2, City Bills /Demands for Payment. Minutes of the Rohnert Park Regular Concurrent MeetinES (3 of 10) April 14, 2009 . for .City Council /Community Development Commission / Rohnert Park Financing Authority Item for Consideration: 2. Approval of City Bills /Demands for Payment for Check Nos. 184826- 185248 dated March 18 through April 8, 2009, in the total amount of $1,377,896.70. Council Member Callinan reiterated his request for more detailed information regarding payments to McDonough, Holland & Allen. Interim City Manager Schwarz indicated he and City Attorney Kenyon will provide that report. In response to questions by Vice Mayor Belforte, Interim City Manager Schwarz clarified the nature of payments to Zone Music and Springbrook Software for data processing. MOVED by Vice Mayor Belforte, seconded by Council Member Callinan, and CARRIED UNANIMOUSLY, reading was waived and the City Bills /Demands for Payment were APPROVED. 5. FIREWORKS ORDINANCE Review of Rohnert Park Municipal Code Chapter 15.28 regarding fireworks to consider: (1) reducing the days of sale from 6.5 to 4 days; (2) reducing the days of discharge from 6.5 to 1 day; (3) increasing penalties for use of illegal fireworks; and (3) simplifying citation procedure for possession of small amounts of illegal fireworks 1. Interim City Manager Schwarz reviewed the contents of the staff report. Fire Marshal Adam responded to Council questions. 2. Public Comments: Milton Broussard, TNT Fireworks, expressed support for the proposed ordinance changes and the idea of letting the non -profit decide how many days to sell. Mike Pastryk, Rohnert Park, representing Education Foundation and Rotary Club, expressed support for the proposed ordinance changes. Tracey Guerrero, Rohnert Park, representing Warrior Football League, indicated no opposition to reducing the days of sale, but expressed opposition to reducing discharge to one day. Ms. Guerrero expressed support of an increased penalty /deposit for a non - profit's failure to, clean up and stated that additional days for sales may be important for some non - profits that are less visible. Edward Chasco, Rohnert Park, spoke in opposition to the ordinance changes as they pertain to safe and sane fireworks and in support of increased fines for illegal fireworks. Mr. Chasco suggested that reducing days of discharge will increase calls for enforcement of safe and sane fireworks. Kevin Smart, Cotati, expressed support for reducing the days of sale versus prohibiting fireworks entirely and increasing fines for illegal fireworks. 3. Following Council discussion, a majority of the Council (Vice Mayor Belforte, Council Member Stafford, and Mayor Breeze) CONCURRED to direct staff to bring back an Minutes of the Rohnert Park Regular Concurrent Meetings (4 of 10) Auril 14, 2009 ,for City Council /Community Development Commission / Rohnert Park Financing Authority ordinance reducing the days of sale and discharge to five -and incorporating the increased fines and simplified citation process as proposed in Items 3 and 4 of the staff report. 6. CHARLIE- LILLANA INDUSTRIAL CONDOMINIUM CONVERSION Consideration of approving the Charlie - Liliana Industrial Condominium Tentative Map for property located at 566 Martin Avenue (APN 143 - 930 -037) Senior Planner Rich reviewed the contents of the staff report and responded to Council questions. 2. Public Hearing: Mayor Breeze opened the public hearing at 8:13 p.m. There being no members of the public interested in commenting on said matter, Mayor Breeze closed the public hearing at 8:14 p.m. 3. Resolution for Adoption: 2009 -36 Approving the Charlie - Liliana Industrial Condominium Tentative Map Located at 566 Martin Avenue (Assessor Parcel No. 143 - 930 -037), File No. PL2008 -030 MOVED by Council Member Callinan, seconded by Council Member Mackenzie, and CARRIED UNANIMOUSLY, reading was waived and Resolution No. 2009 -36 was ADOPTED. 7. MARTIN AVENUE INDUSTRIAL CONDOMINIUM CONVERSION Consideration of approving Martin Avenue Industrial Condominium Tentative Map for property located at 572 Martin Avenue (APN 143- 930 -038) Senior Planner Rich reviewed the contents of the staff report and responded to Council questions. 2. Public Hearing: Mayor Breeze opened the public hearing at 8:16 p.m. There being no members of the public interested in commenting on said matter, Mayor Breeze closed the public hearing at 8:16 p.m. 3. Resolution for Adoption: 2009 -37 Approving the Martin Avenue Industrial Condominium Tentative Map Located at 572 Martin Avenue (Assessor Parcel No. 143 - 930 -038), File No. PL2008 -029 MOVED by Council Member Callinan, seconded by Vice Mayor Belforte and CARRIED UNANIMOUSLY, reading was waived and Resolution No. 2009 -37 was ADOPTED. 8. TOBACCO ORDINANCE Consideration of an Ordinance Amending Municipal Code Section 8.32 (Use of Tobacco), 8.33 (Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines, and Self - Service Displays) and Title 17 (Zoning) and repealing Ordinances 808 and 809 (Urgency Moratorium) Minutes of the Rohnert Park Regular Concurrent Meetings (5 of 10) April 14, 2009 for City Council /Community Development Commission /Rohnert Park Financing Authority 1. Senior Planner Rich reviewed the contents of the staff report, summarized revisions to the proposed ordinance as originally distributed to the Council, and responded to Council questions. 2. Public Hearing: Mayor Breeze opened the public hearing at 8:46 p.m. Peter Hollister, Rohnert Park, spoke in favor of the proposed ordinance. Kerry Andrade, Santa Rosa, spoke in favor of the proposed ordinance and offered assistance through the Sonoma County Health Department Community Education Program. Pam Granger, American Lung Association, spoke in favor of the proposed ordinance, discussed the health impacts of second -hand smoke, and distributed flyers regarding a Breathe Easy Ride at Sonoma Mountain Village on June 27. Karen Morris, Rohnert Park, spoke in favor of the proposed ordinance and the impacts of cigarette butt litter. Tracey Guerrero, Rohnert Park, spoke in opposition to regulation of smoking in one's personal residence. Mayor Breeze closed the public hearing at 9:06 p.m. 3. Ordinance for Introduction: No. 813 Amending the Municipal Code Chapter 8.32 (Use of Tobacco in Public Places); Section 17.06.060 (Zoning Ordinance - Permitted Uses) and Adding Chapter 8.33 (Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines and Self Service Displays) File No. 2008 -026MC MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED 3 -2 with Vice Mayor Belforte and Council Member Callinan dissenting, reading was waived and Ordinance No. 813 was INTRODUCED BY ROLL CALL VOTE. 9. SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM (SCEIP) Consideration of a Cooperative Agreement with the County of Sonoma for Rohnert Park's participation in the Countywide AB 811 Energy Independence Program 1. Interim City Manager Schwarz reviewed the contents of the staff report and responded to Council questions. 2. Public Comments: Mac McCaffry, Rohnert Park, spoke in favor of including in the program installation of water meters and other energy saving improvements for properties within homeowner associations. Mike Pastryk, Rohnert Park, spoke in favor of the program and requested that the City encourage the County to lower the 7 % interest rate. Min_ utes of the Rohnert Park Regular Concurrent Meetings (6 of 10) April 14, 2009 . for City Counc&Community Development. Commission /Rohnert Park Financing Authority 3. Resolution for Adoption: 2009 -38 Approving a Cooperative Agreement with the County of Sonoma to Implement the Sonoma County Energy Independence Program (AB 811) MOVED by Council Member Callinan, seconded by Council Member Stafford, and CARRIED UNANIMOUSLY, reading was waived and Resolution No. 2009 -38 was ADOPTED. Council CONCURRED to direct Interim City Manager Schwarz to forward to the County of Sonoma questions raised on pre - payment penalties, the inclusion of water conservation projects for properties within homeowners associations, and a reduction in the 7% interest rate. RECESS: Mayor Breeze called for a recess at 9:30 p.m. RECONVENE: Mayor Breeze reconvened the City Council meeting at 9:35 p.m. All members were present. 10. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS Standing Committees Vice Mayor Belforte and Council Member Callinan reported on the March 26 meeting of the General Plan Committee. Mayor Breeze and Vice Mayor Belforte reported on the March 27 meeting of the Economic Development Committee. Council Member Mackenzie and Council Member Callinan reported on the April 7 meeting of the Transportation Issues Committee. Ad Hoc Committees and Other Liaison Assignments Mayor Breeze and Vice Mayor Belforte reported on the March 27 meeting of the Ad -Hoc Budget Subcommittee. Council Member Callinan and Vice Mayor Belforte reported on the April 8 2x2 meeting of the Education Committee with Leffler Brown, Eric Kirchmann, Wade Roach, and Barbara Vrankovich of the Cotati - Rohnert Park Unified School District. Liaison Reports Council Member Mackenzie reported on his attendance at the April 6 meeting of the Water Advisory Committee. Council CONCURRED to authorize Council Member Mackenzie to represent the Council at the upcoming Water Advisory Committee meeting regarding the State Water Board's order prohibiting the irrigation of commercial turf. Interim City Manager Schwarz and Council Member Callinan reported on their attendance at the April 9 meeting of the Redwood Empire Municipal Insurance Fund (REMIF) Board of Directors. Mayor Breeze reported on the April 9 meeting of the Mayors' and Councilmembers' Association attended by herself, Council Member Callinan, and Council Member Mackenzie and announced the appointments of Teresa Barrett (Petaluma) to the Local Agency Formation Commission Minutes of the Rohnert Park Regular Concurrent Meetings (7 of 10) April 14, 2009 -for City Council/Community Development Commission / Rohnert Park Financing Authority (LAFCO), Council Member Stafford as alternate to LAFCO, and Guy Wilson (Sebastopol) as the third position on the Sonoma County Agricultural Preservation & Open Space District Advisory Committee. Council Member Mackenzie reported on his attendance at the April 13 meeting of the Sonoma County Transportation Authority (SCTA) Board of Directors. 11. COMMUNICATIONS Council Member Stafford called attention to the letter from Karen Gomez, Evergreen Elementary School seeking recognition for Judith Lutsky, who will be retiring after 34 years of teaching. Council CONCURRED to acknowledge Judith Lutsky at a future Council meeting. Council Member Mackenzie called attention to the letter from Don and Connie Auer regarding a request to split their parcel located in Canon Manor. Interim City Manager Schwarz clarified that the authority to grant such a request rests with the County of Sonoma. Mayor Breeze called attention to the recognition by the National Society of the Sons of the American Revolution for display of the United States flag at City Hall and a communication from Suzanne Sanders regarding the status of a skate park in Rohnert Park. 12. MATTERS FROMIFOR COUNCIL 1. Legislative Issues Interim City Manager Schwarz signified a late communication from the Sonoma County Transportation Authority (SCTA) regarding its legislative ability to house the climate coordinator position and reported that Assembly Bill 881 (Huffman) has been introduced to clarify that ability. Interim City Manager requested Council's approval to draft a letter for the Mayor's signature in support of the AB 881. Interim City Manager Schwarz announced that the climate coordinator position has been filled by Dave Brennan, former Sebastopol City Manager. Council CONCURRED to direct staff to draft a letter in support of AB 881 (Huffman) for the Mayor's signature. 2. Calendar of Events: Document provided for informational purposes. Vice Mayor Belforte announced a Sonoma County Adult and Youth Development (SCAYD) Community Volunteer Awards "Run for the Roses" event on May 2 beginning at noon at Sonoma Mountain Village. Vice Mayor Belforte further announced that the May 16 "Running with the .Pack" 5K event sponsored by the Public Safety Department to benefit the Special Olympics will beheld in conjunction with the iWALK program. Mayor Breeze called attention to the June 3 Noontimes presentation regarding City Center Plaza and indicated she would need to check her availability. 3. City Council Agenda Forecast: Document provided for informational purposes. Minutes of the Rohnert Park Relzular Concurrent Meetings (8 of 10) April 14,200 for City Council/Community Development Commission / Rohnert Park Financing Authority 4. Other informational items: Vice Mayor Belforte announced that she will arrive at the May 12 City Council meeting after 7:00 p.m. due to her attendance at a photography award event for her children. 13. PUBLIC COMMENTS Mayor Breeze invited members of the public to come forward to speak. No members of the public responded. ADJOURNMENT There being no further business, Mayor Breeze adjourned the City Council Regular Meeting at 10:29 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF ROHNERT PARK Tuesday, April 14, 2009 CALL TO ORDER The Regular Meeting of the Community Development Commission of the City of Rohnert Park was called to order by Chair Breeze at 10:30 p.m. ROLL CALL Present: Amie Breeze, Chair Gina Belforte, Vice -Chair Joe Callinan, Commissioner Jake Mackenzie, Commissioner Pam Stafford, Commissioner Staff participating in all or part of the CDC Regular Meeting: Daniel Schwarz, Interim Executive Director; Michelle Marchetta Kenyon, General Counsel; and Terri Griffin, Deputy Secretary. 1. PUBLIC COMMENTS Chair Breeze invited members of the public to come forward to speak. No members of the public responded. 2. CDC CONSENT CALENDAR 1. Approval of Meeting Minutes for: a. CDC Portion of Regular Concurrent Meetings — March 24, 2009 2. Approval of CDC Bills /Demands for Payment Minutes of the Rohnert Park Regular Concurrent Meetings (9 of 10) April 14, 2009 _for City Council /Community Development Commission / Rohnert Park Financing Authority 3. Approval of CDC Cash Reports for Month Ending February 2009 4. CDC Resolution for Adoption: 2009 -08 Authorizing and Approving Cooperation with the !County in Assigning Mortgage Revenue bond Single Family Allocations for a Mortgage Credit Certificate (MCC) Program, and Maintaining the Existing Cooperation Agreement with the Sonoma County Community Development Commission (SCCDC) MOVED by Commissioner Mackenzie seconded by Commissioner Callinan and CARRIED UNANIMOUSLY, reading was waived and the Consent Calendar was APPROVED. ADJOURNMENT There being no further business, Chair Breeze adjourned the CDC meeting at 10:30 p.m. MINUTES FOR THE ROHNERT PARK FINANCING AUTHORITY. (RPFA) Tuesday, April 14, 2009 CALL TO ORDER The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chair Breeze at 1.0:30 p.m. I Mel IN WW" lug Present: Amie Breeze, Chair Gina Belforte, Vice -Chair Joe Callinan, Board Member Jake Mackenzie, Board Member Pam Stafford, Board Member Staff participating in all or part of the RPFA Regular Meeting: Daniel Schwarz, Interim Executive Director; Michelle Marchetta Kenyon, General Counsel; and Terri Griffin, Deputy Secretary. 1. PUBLIC COMMENTS Chair Breeze invited members of the public to come forward to speak. No members of the public responded. 2. RPFA CONSENT CALENDAR 1. Approval of Minutes for: a. RPFA Portion of Regular Concurrent Meetings — March 24, 2009 linutes of the Rohnert Park Regular Concurrent Meetings (10 of 10) April 14, 200' for City Council /Community Development Commission /Rohnert Park Financing Authority 2. Approval of RPFA Cash Reports for Month Ending February 2009 3. RPFA Resolution for Adoption: 2009 -01 Approving and Authorizing the Execution and Delivery of Certain Documents in Connection with a Proposed Substitution of Leased Property (located at City Center Parking Lot) MOVED by Board Member Mackenzie, seconded by Board Member Stafford, and CARRIED UNANIMOUSLY, reading was waived and the Consent Calendar was APPROVED. ADJOURNMENT There being no further business, Chair Breeze adjourned the meeting of the RPFA at 10:30 p.m. /A Terri Grif 1 Deputy City C City of Rohnert Park (Iwj'; ?� kw", 9- Amie Breezid Mayor City of Rohnert Park