2009/04/28 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 28, 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 7:00 p.m.
ROLL CALL
Present: Amie 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; Darrin Jenkins,
Director of Engineering Services /City Engineer; Brian Masterson, Public Safety Director; Maureen Rich,
Senior Planner; Dan Adam, Fire Marshal; and Terr i Griffin, Deputy City Clerk._
Community Media Center staff present for the recording and televised production of the concurrent
meetings: Evan Johnson, Media Production Specialist, and Vanessa Vann, Intern.
PLEDGE OF ALLEGIANCE
Jimmy Henry, Student, Monte Vista Elementary School, led the Pledge of Allegiance. Mayor Breeze
presented Jimmy with a card and pen.
1. PRESENTATIONS
Mayor Breeze read aloud and presented Resolution No. 2009 -28, Proclaiming May 10 -16, 2009, to
be Affordable Housing Week to Rick Theis, Sonoma County Housing Coalition. Mr. Theis
thanked the Council and distributed an invitation to a Sonoma County Housing Coalition
Leadership Breakfast on May 11 from 7:30 to 11:30 a.m. at the Flamingo Hotel in Santa Rosa.
Minutes of the City of Rohnert Park Concurrent Meetings (2 of 10) April 28 2009
For City Council /Community Development Commission / Rohnert Park Financing Authority
2. SSU STUDENT REPORT
Casey Jones, Legislative Representative for Sonoma State University (SSU) Associated Students,
Inc. (ASI) was not in attendance.
3. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS
Public Safety Director Masterson introduced Public Safety Officer Nick Labonte, recipient of the
Mothers Against Drunk Driving (MADD) Hero Award for his outstanding efforts in helping to
remove drunk drivers from California roadways. Public Safety Director Masterson read aloud the
plaque presented to Officer Labonte by MADD.
Director of Engineering Services /City Engineer Jenkins provided via PowerPoint presentation an
overview of Phase I of the Caltrans Wilfred Interchange Project, which will begin on May 1, 2009.
Director of Engineering Services Jenkins encouraged residents with questions or concerns to
contact Robert Haus, Caltrans Public Information Officer, at (510) 286 - 5576.
4. PUBLIC COMMENTS
1. Sally Harper and Laverne Mordus, tenants at the Arbors, City Center Drive, expressed
concerns regarding the ability of their patients to safely cross City Center Drive and public
safety emergency vehicles not having direct access to Rohnert Park Expressway.
2. U.S. Army Staff Sergeant Cory Barnes, Santa Rosa, introduced himself as the local Army
representative. for the City of Rohnert Park and offered his services at community functions.
5. CONSENT CALENDAR
Council Member Stafford signified removal of Item Nos. 5(5) and 5(6), Council Member Callinan
signified removal of Resolution No. 2009 -41, and Mayor Breeze signified removal of Resolution
No. 2009 -40.
1. Approval of Minutes for:
a. City Council Special Meeting — April 14, 2009
b. City Council Portion of Regular Concurrent Meetings — April 14, 2009
2. Approval of City Bills /Demands for Payment for Check Nos. 185249 - 185423 dated April 10
through 15, 2009, in the total amount of $204,390.89.
3. Accepting Cash /Investments Report for Month Ending March 2009
4. Resolutions for Adoption:
2009 -39 Rejecting the Claim of Gibb Joseph Olivarez, Jr. (re. alleged police action)
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 Resolution Nos. 2009 -40 and 2009 -41 and Items 5(5) and 5(6).
Minutes of the City of Rohnert Park Concurrent Meetings Q of 10) April 28, 2009
For City Council /Community Development Commission / Rohnert Park Financing Authority
Items for Consideration:
4. Resolutions for Adoption:
2009 -40 Approving Submittal of Grant Application and Endorsing the Acceptance of
$114,425.00 in Federal Funds from the 2009 Edward J. Byrne Memorial Justice
Assistance Grant (JAG) Program
Mayor Breeze congratulated the Public Safety Department for pursuing this grant application.
MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and
CARRIED UNANIMOUSLY, reading was waived and Resolution No. 2009 -40 was
ADOPTED.
2009 -41 Authorizing Amendment Number Two to the Memorandum of Agreement with
the City of Rohnert Park and the Rohnert Park Public Safety Officers'
Association (RPPSOA)
In response to questions by Council members regarding imposition of the stipend while labor
negotiations are ongoing, Interim City Manager Schwarz clarified that the contract amendment
formalizes an existing interim arrangement, the stipend compensate* a Community Services
Officer for assuming additional responsibilities and liability, and the proposed stipend is the
most cost effective way to maintain property technician services. City Attorney Kenyon further
indicated there is no legal requirement that the stipend be imposed at this time.
MOVED. by Council Member Mackenzie, seconded by Council Member Stafford, and
CARRIED 3 -2 with Council Member Callinan and Mayor Breeze dissenting, reading was
waived and Resolution No. 2009 -41 was ADOPTED.
5. Cultural Arts Commission Member Resignation (Mayor Breeze nomination)
• Accepting letter of resignation from Emily Wiseman as of April 6, 2009 from four (4) year
term to expire December 31, 2010
6. Sister Cities Relations Committee Member Resignation (At -large appointment)
• Accepting letter of resignation from Courtney A. Pastrick -Cronk as of April 9, 2009 from
two (2) year term to expire December 31, 2010
Council members expressed appreciation to Emily Wiseman and Courtney Pastrick -Cronk for
their service to the City and CONCURRED to send Ms. Wiseman and Ms. Pastrick -Cronk
letters of appreciation.
MOVED by Council Member Stafford, seconded by Council Member Mackenzie, and
CARRIED UNANIMOUSLY, reading was waived and Item Nos. 5(5) and 5(6) were
ACCEPTED.
Minutes of the City of Rohnert Park Concurrent Meetings (4 of 10) April 28, 2009
For City Council/Community Development Commission /Rohnert Park Financing Authority
6. 2007 -08 COMPREHENSIVE ANNUAL FINANCIAL REPORTS
Presentation of the 2007 -08 Comprehensive Annual Financial Reports by Odenberg, Ullakko,
Muranishi (OUM) and Company, LLP, CPA
Scott Miller of Odenberg, Ullakko, Muranishi (OUM) and Company, LLP, CPA, reviewed the
following 2007 -08 Comprehensive Annual Financial Reports:
1. City of Rohnert Park — Comprehensive Annual Financial Report
2. Community Development Commission — Independent Auditor's Reports, Management's
Discussion and Analysis, Basic Financial Statements, and Statistical Information
3. Rohnert Park Financing Authority — Independent Auditor's Reports, Management's Discussion
and Analysis, Basic Financial Statements, and Supplemental Information
4. City of Rohnert Park — Independent Accountants' Report on Applying Agreed -Upon
Procedures, June 30, 2008
5. City of Rohnert Park — Fiscal 2008 Report to Council
6. City of Rohnert Park — Single Audit Reports on Federal Awards Programs for Fiscal Year
Ended June 30, 2008.
Administrative Services Director Lipitz and Mr. Miller responded to Council questions.
MOVED by Council Member Mackenzie, seconded by Vice Mayor Belforte, and CARRIED
UNANIMOUSLY to CONCURRENTLY ACCEPT the 2007 -08 Comprehensive Annual
Financial Reports as listed above.
7. AMERICAN RECOVERY AND REINVESTMENT PLAN (Stimulus Program)
Review of Funding Opportunities under the American Recovery and Reinvestment Plan
Director of Engineering Services /City Engineer Jenkins provided an informational report regarding
the programs identified as potential funding opportunities for the City of Rohnert Park under the
American Recovery and Reinvestment Act (ARRA) of 2009. Public Safety Director Masterson
provided an overview of the four potential grant funding opportunities for Public Safety under
ARRA.
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)
1. Senior Planner Rich and City Attorney Kenyon responded to Council questions regarding
smoking in multi - family units and the ability to bring civil suits under the ordinance.
2. Public Comments:
Pam Granger, American Lung Association, expressed appreciation for Council's consideration
of this ordinance.
Debbie Prusinovski, Cotati, expressed appreciation to the City Council and Senior Planner
Rich for addressing the hazards of second -hand smoke.
Minutes of the City of Rohnert Park Concurrent Meetings (5 of 10) April 28, 2009
For City Council /Community Development Commission /Rohnert Park Financing Authority
3. Ordinance for Adoption:
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 Council Member Callinan and Vice Mayor Belforte dissenting, reading
was waived and Ordinance No. 813 was ADOPTED BY ROLL CALL VOTE.
9. FIREWORKS ORDINANCES
Consideration of introducing three ordinances pertaining to fireworks: (1) Retitling Chapter 15.28
of the Rohnert Park Municipal Code and Amending Sections Therein pertaining to Regulation of
the Sale and Use of State - Approved Fireworks; (2) Adding Chapter 15.30 to the Rohnert Park
Municipal Code regarding Administrative Citations for Dangerous Fireworks, and (3) Amending
Section 15.04.015 to Allow for Specific Penalties for Violations of Certain Provisions of Title 15
of the Rohnert Park Municipal Code
Fire Marshal Adam reviewed the contents of the staff report and responded to Council
questions. City Attorney Kenyon summarized minor changes to Ordinance No. 816, which
would allow a citing officer to cite violations as either misdemeanors or infractions.
2. Public Comments: Mayor Breeze invited members of the public to come forward to speak. No
members of the public responded.
3. Ordinance for Introduction:
No. 814 Retitling Rohnert Park Municipal Code Chapter 15.28 and Amending Sections
Therein to Modify Local Amendments to the 2007 California Fire Code, Based
on the 2006 Edition of the International Fire Code, Regarding Regulation of the
Sale and Use of State - Approved Fireworks
MOVED by Vice Mayor Belforte, seconded by Council Member Callinan, and CARRIED 4 -1
with Council Member Mackenzie dissenting, reading was waived and Ordinance No. 814 was
INTRODUCED BY ROLL CALL VOTE.
4. Ordinance for Introduction:
No. 815 Adding Chapter 15.30 to the Rohnert Park Municipal Code regarding
Administrative Citations for Dangerous Fireworks
MOVED by Council Member Mackenzie seconded by Council Member Stafford, and
CARRIED UANIMOUSLY, reading was waived and Ordinance No. 815 was
INTRODUCED BY ROLL CALL VOTE.
5. Ordinance for Introduction:
No. 816 Amending Section 15.04.015 to Allow for Specific Penalties for Violations of
Certain Provisions of Title 15 of the Rohnert Park Municipal Code
MOVED by Vice Mayor Belforte, seconded by Council Member Stafford, and CARRIED
UANIMOUSLY, reading was waived and Ordinance No. 816 was INTRODUCED BY
ROLL CALL VOTE.
Minutes of the City of Rohnert Park Concurrent Meetings (6 of 10) April 28, 2009
For City Council /Community Development Commission / Rohnert Park Financing Authority
10. California Public Employee Retirement System (CalPERS) Two Year Service Credit
Program
Consideration of certifying compliance with Government Code §20903 and granting additional.
service credit for designated two year period to qualified employees
1. Interim City Manager Schwarz reviewed the contents of the staff report and responded to
Council questions.
2. Public Comments: Mayor Breeze invited members of the public to come forward to speak. No
members of the public responded.
3. MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and
CARRIED 3 -2, with Council Member Callinan and Mayor Breeze dissenting, the motion to
authorize the Mayor to execute the Certification of Compliance with Government Code section
20903 was ADOPTED.
4. Resolution for Adoption:
2009 -44 Granting a Designated Period for Two Years Additional Service Credit
MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and
CARRIED 3 -2, with Council Member Callinan and Mayor Breeze dissenting, reading was
waived and Resolution No. 2009 -44 was ADOPTED.
11. STANDING COMMITTEE/ AD HOC COMMITTEE/ LIAISON REPORTS
Standing Committees
Council Member Mackenzie and Council Member Stafford reported on the April 20 meeting of the
Water Issues Committee. Council Member Mackenzie distributed a letter he signed as Chair of the
Water Advisory Committee seeking reconsideration by the State Water Board regarding its order to
prohibit irrigation of commercial turf.
Ad Hoc Committees and Other
Mayor Breeze and Vice Mayor Belforte reported on the April 28 meeting of the Ad -Hoc Budget
Subcommittee and indicated that a fixture item will be coming before the full Council regarding a
landscaping proposal
Vice Mayor Belforte reported on a meeting of Ad -Hoc Education Subcommittee with Dan
Condron, Vice President for University Affairs, and Bill Fusco, Director of Athletics, Sonoma
State University.
Liaison Reports
Interim City Manager Schwarz reported on the April 15 meeting of the. Sonoma County Waste
Management Agency (SCWMA).
Council Member Mackenzie reported on the April 20 combined meetings of the Water Advisory
and Technical Advisory Committees. I
Vice Mayor Belforte reported on the April 21 meeting of the Library Advisory Board.
Minutes of the City of Rohnert Park Concurrent Meetings (7 of 10) April 28, 2009
For City Council /Community Development Commission /Rohnert Park Financing Authority
Council Member Stafford and Council Member Mackenzie reported on the April 24 General
Assembly and Business Meeting of the Association of Bay Area Governments (ABAG).
12. COMMUNICATIONS
Council Member Stafford announced the annual Spring Clean -up will be held the week of May 4
and an e -waste and appliance drop -off event will be held on Saturday, May 9 from 7 am to 3 pm at
the former Yardbirds site.
Council Member Stafford called attention to a letter from Steve McCaffrey, Rohnert Park Disposal,
regarding a coordinated effort by the City and Rohnert Park Disposal to clean up a recent oil spill.
Mayor Breeze called attention to a letter from Santa Rosa Mayor Susan Gorin for Council's
consideration under Item No. 13.
13. MATTERS FROM/FOR COUNCIL
1. Mayors' and Council Members' Association Board of Directors
Consideration of authorizing Mayor's letter to the North Coast Rail Authority (NCRA)
opposing proposed policies to exclude bicycle /pedestrian trail development within the NCRA
right -or -way
Mayor Breeze summarized the proposed policies by the North Coast Rail Authority (NCRA)
that would exclude bicycle and pedestrian trails along the NCRA railway and asked for
Council's authorization to sign a letter in opposition to the NCRA policies.
Council CONCURRED to authorize the Mayor to sign a letter in opposition to the proposed
NCRA policies that exclude bicycle and pedestrian paths along the NCRA right -of -way.
2. Legislative Action Days
Council Member Mackenzie reported on his attendance at Legislative Action Days on April 15.
3. City Clerks Association of California (CCAC), Annual Conference held at the
DoubleTree in Rohnert Park, 4/22 -24/09 with Mayor's Welcome, 4/22/09 (AB)
Mayor Breeze reported on the attendance by herself, Council Member Callinan, and Interim
City Manager Schwarz at the opening ceremony for the 2009 Annual Conference of the City
Clerks Association of California (CCAC) at the Rohnert Park DoubleTree Hotel.
4. Calendar of Events
Council Member Stafford announced the installation of a new disk golf course at Crane Creek
Park.
Vice Mayor Belforte announced the Community Volunteer Awards event at Sonoma Mountain
Village on Saturday, May 2 and indicated that the Rohnert Park Police Officers Association
was nominated for an award.
5. City Council Agenda Forecast: Document provided for informational purposes.
Minutes of the City of Rohnert Park Concurrent Meetings (8 of 10) April 28, 2009
For City Council /Community Development Commission /Rohnert Park Financing Authority
6. Other informational items:
In response to a question by Council Member Callinan regarding the status of files stored at the
City Hall Annex, Interim City Manager Schwarz responded that the furniture has been moved and.
the remaining files will moved by Public Works to the building next to City Hall.
In response to a request for legal opinion by Council Member Callinan as to whether proceeds from
sale of Stadium Lands should be placed back into the Sewer Revenue Fund, City Attorney Kenyon
responded that her staff and the Finance Department are researching whether any restrictions were
imposed on the land when it was first purchased by City.
In response to a question by Council Member Callinan regarding the status of City pools, Interim
City Manager Schwarz responded that an item regarding pools will be on the next Council meeting
agenda.
In response to a question by Council Member Mackenzie regarding the status of the old City Hall
site, Interim City Manager Schwarz responded that the Community Development Commission
(CDC) needs to adopt a new five -year plan and all CDC projects will be reviewed and revisited
during consideration of that plan.
In response to a question by Vice Mayor Belforte regarding the status of a permit parking report by
Public Safety Sergeant Reinhold, Interim City Manager Schwarz responded he will confer with
Public Safety staff regarding a proposed date for bringing the report to Council.
14. 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 Regular Meeting of the City Council \ at
10:40 p.m. to consecutively and separately convene the Regular 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 28, 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 10:40 p.m.
ROLL CALL
Present: Amie Breeze, Chair
Gina Belforte, Vice -Chair
Joe Callinan, Commissioner
Jake Mackenzie, Commissioner
Pam Stafford, Commissioner
Minutes of the City of Rohnert Park Concurrent Meetings (9 of 10) April 8, 2009
For City Council /Community Development Commission / Rohnert Park Financing Authority
Staff participating in all or part of the 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
Chair Breeze signified removal of the CDC Bills /Demands for Payment.
1. Approval of Meeting Minutes for:
a. CDC Portion of Regular Concurrent Meetings — April 14, 2009
3. Approval of CDC Cash Reports for Month Ending March 2009
MOVED by Commissioner Stafford, seconded by Commissioner Callinan, and CARRIED
UNANIMOUSLY, reading was waived and the Consent Calendar was APPROVED with the
exception of the CDC Bills /Demands for Payment.
Item for Consideration:
2. Approval of CDC Bills/Demands for Payment for Check Nos. 5247 -5252 dated April 14, 2009,
in the total amount of $7,899.12.
In response to a question by Mayor Breeze, Interim City Manager Schwarz clarified that
payments to RSG were related to services on the Avram Avenue project, specifically for
representatives of RSG to attend past meetings of the CDC.
MOVED by Council Member Callinan, seconded by Council Member Mackenzie, and CARRIED
UNANIMOUSLY, reading was waived and the CDC Bills /Demands for Payment were
APPROVED.
ADJOURNMENT
There being no further business, Chair Breeze adjourned the CDC meeting at 10:43 p.m.
MINUTES FOR ROHNERT PARK FINANCING AUTHORITY (RPFA)
Tuesday, April 28, 2009
CALL TO ORDER
The Regular Meeting of the Rohnert Park Financing Authority was called to order 1by Chair Breeze at
10:43 p.m.
Minutes of the City of Rohnert Park Concurrent Meetings (10 of 10) April 28 2009
For City Council /Community Development Commission / Rohnert Park Financing Authority
ROLL CALL
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 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 — April 14, 2009
2. Approval of RPFA Cash Reports for Month Ending March 2009
MOVED by Board Member Mackenzie, seconded by Board Member Callinan, 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 10:43 p.m.
Terri GrifrinN
Deputy City C r
City of Rohnert r
Amie Breeze
Mayor
City of Rohnert Park