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2009/05/12 City Council MinutesMINUTES OF THE REGULAR CONCURRENT MEETINGS OF THE CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday, May 12, 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 6:02 p.m. ROLL CALL 4 Present: Amie Breeze, Mayor Joe Callinan, Council Member Jake Mackenzie, Council Member Pam Stafford, Council Member 1 Late: Gina Belforte, Vice Mayor, arrived late as indicated in these minutes. Mayor Breeze advised there were four Council Members present with Gina Belforte, Vice Mayor, to arrive late due to attending a Student Art Event at SSU for her two children receiving awards. Staff participation: Daniel Schwarz, Interim City Manager; James J. Atencio, Assistant City Attorney; Ron Bendorff, Director of Community Development; Darrin Jenkins, Director of Engineering Services /City Engineer; Sandy Lipitz, Director of Administrative Services; Cathy Orme, Accounting Manager, Brian Masterson, Public Safety Director; Dave Frazer, Police Commander; Dan Adam, Fire Marshal; John McArthur, Director of Utilities /General Services; and Judy Huff, City Clerk. Community Media Center staff present for the recording and televised production of the concurrent meetings: Patricia Wilburn, Government Services Manager, and Vanessa Vann, Intern. PLEDGE OF ALLEGIANCE Jacob Berg, Student, Monte Vista Elementary School, led the Pledge of Allegiance. Mayor Breeze presented Jacob with a card and pen. Minutes of the City of Rohnert Park Concurrent Meetings (2 of 11) May 12 2009 for City Council/Community Development Commission/Rohnert Park Financing Authority I. CITY MANAGER/ CITY ATTORNEY /DEPARTMENT HEAD BRIEFINGS Note: Item 4 listed under this section was moved forward and handled first. 4. Light Brown Apple Moth Update Interim City Manager Schwarz moved this item up to handle first under briefings. He reviewed the map provided to Council for the Light Brown Apple Moth. Update indicating the proposed LBAM Quarantine in the Sebastopol - Cotati - Rohnert Park area. He noted more information on this was available on the City's website. 1. Rohnert Park Public Safety Officers Association (RPPSOA) Award from Sonoma County Adult and Youth Development (SCAYD) Interim City Manager Schwarz & Mayor Breeze shared comments commending this recent ceremony honoring PSO's and volunteers in the community. Vice Mayor Belforte arrived at this Council meeting at approximately 6:11 p.m. 2. Rohnert Park/Cotati Police Departments volunteers as Celebrity Waiters for "Tip -a -Cop" Event for Special Olympics Northern California Benefit at Applebee's - Rohnert Park, 6:00 — 9:00 p.m., May 4, 2009 Interim City Manager Schwarz introduced Director of Public Safety Masterson who commended the success of the Tip -a -Cop Event for Special Olympics held recently at Applebee's. 3. Rohnert Park Department of Public Safety, Chamber of Commerce and Recreation Department, 15` Annual Running with the Pack, 5K Walk & Run Event for Special Olympics Northern California Benefit starting at Rohnert Park Community Center, 5401 Snyder Lane, 7:30 a.m., May 16, 2009 Director of Public Safety Masterson explained the benefits of this up- coming event and encouraged everyone to participate. 4: Light Brown Apple Moth Update was moved forward and handled first under these briefings. 2. PUBLIC COMMENTS Mayor Breeze asked if there was anyone from the audience who would like to make public comments at this time. No one responded. 3. CONSENT CALENDAR Council Member Mackenzie signified removal of Resolution No. 2009 -48, Council Member Callinan signified removal of Item No. 2 on approval of bills, and Mayor Breeze signified removal of Resolution Nos. 2009 -45 and 2009 -46. 1. Approval of Minutes for: a. City Council Special Meeting — April 21, 2009 b. City Council Special Meeting— April 28, 2009 c. City Council Portion of Regular Concurrent Meetings — April 28, 2009 Minutes of the City of Rohnert Park Concurrent Meetings (3 of 11) May 12, 2009 for City Council/Community Development Commission /Rohnert Park Financing Authority 3. Resolutions for Adoption: 2009 -47 Award of Contract for Printing and Mailing Services to Sonoma County Reprographics MOVED by Council Member Mackenzie, seconded by Council Member Callinan, and CARRIED UNANIMOUSLY, reading was waived and the Consent Calendar was APPROVED with the exception of Item No. 2 regarding approval of bills and Resolution Nos. 2009 -45, 2009 -46 and 2009 -48. Items for Consideration: 2. Approval of City Bills /Demands for Payment Interim City Manager Schwarz and Director of Administrative Services Lipitz responded to Council questions on the bills. MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED UNANIMOUSLY, City Bills /Demands for Payment were APPROVED. 3. Resolutions for Adoption: 2009 -45 Approving a Cooperation, Purchase and Sale Agreement with the Community Development Commission of the City of Rohnert Park for the Acquisition of the City Center Parking Lot (Assessor's Parcel Number 143- 051 -076) and Authorizing the Interim City Manager to Execute the Agreement Mayor Breeze brought attention to the City receiving the $2,995,000 revenues from this, transaction, noting it's not something they should continue to do but this particular year is extremely important for this sale to go through. The City will still retain the land and the Community Development Commission will be able to develop it. Council Member Mackenzie added this has been contemplated for some time with the City Center Plaza and is all part of an effort to develop a true city center. Mayor Breeze acknowledged efforts on this since the 1995 General Plan. MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED UNANIMOUSLY, Resolution No. 2009 -45 was ADOPTED. 2009 -46 Declaring Weeds to be a Nuisance and Providing for Weed Abatement Pursuant to Government Code Section 39560 through 39588; Article 2- Alternative Procedures for Weed and Rubbish Abatement and Setting Public Hearing Mayor Breeze brought attention to the City's annual weed abatement efforts to remind property owners to do their due diligence for the community to stay beautiful MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED UNANIMOUSLY, Resolution No. 2009 -46 was ADOPTED. Minutes of the City of Rohnert Park Concurrent MeetinjZs (4 of 11) May 12, 2009' for City Council/Community Development Commission /Rohnert Park Financing Authority 2009 -48 Authorizing the City Manager to Make Applications To and Enter Grant Agreements with the U. S. Department of Energy, California Energy Commission, and Bay Area Air Quality Management District for Grants for Alternative Fuel Vehicles and Related Infrastructure Council Member Mackenzie commended the efforts of John McArthur, Director of Utilities & General Services, on the work involved for these grant applications looking to a combination of funding resources for 100% funding without a local match. Director of Utilities & General Services McArthur responded to Council questions. MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED UNANIMOUSLY, Resolution No. 2009 -48 was ADOPTED. 4. FIREWORKS ORDINANCES Consideration of adopting 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. 1. Interim City Manager Schwarz reviewed the staff report provided for this item. 2. Public Comments: Mayor Breeze invited members of the public to come forward to speak on this item. No one responded. 3. Ordinance for Adoption: 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 Stafford, and CARRIED 4 -1 with Council Member. Mackenzie dissenting, reading was waived and Ordinance No. 814 was ADOPTED BY ROLL CALL VOTE. 4. Ordinance for Adoption: 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 ADOPTED BY. ROLL CALL VOTE. Minutes of the City of Rohnert Park Concurrent Meetings (5 of 11) May 12, 2009 _for City CouncillCommunity Development Commission/Rohnert Park Financing Authority 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 Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED UANIMOUSLY, reading was waived and Ordinance No. 816 was ADOPTED BY ROLL CALL VOTE. 5. BUDGET WORK SESSION: 1. Restructuring Plan (Continued from May 1, 2009 Council Workshop) Mayor Breeze and Interim City Manager Schwarz provided opening comments on this portion of the work session which included proceeding with reports from the remaining two departments that did not have the opportunity to review their reports during the work shop held at the Performing Arts Center on Friday, May 1, 2009. This time would also provide the opportunity for staff to respond to further Council questions resulting from the May I" work shop. Community Development Department: Director of Community Development Bendorff reviewed a power point presentation for the Community Development Department and responded to Council questions. Interim City Manager Schwarz also responded to Council questions on this report. Council Member Mackenzie left the Chamber during this report at approximately 7:08 p.m. and returned to the meeting at approximately 7:12 p.m. • Building Department: Building Official Peter Bruck reviewed a power point presentation for the Building Department and responded to Council questions. Interim City Manager Schwarz also responded to Council questions on this report. Proposed Engineering & Community Development Reorganization: Director of Engineering Services /City Engineer Jenkins reviewed the power point presentation on the proposed Engineering & Community Development Reorganization and responded to Council questions. Interim City Manager Schwarz also responded to Council questions on this report. Assistant City Attorney Atencio left the Chamber at approximately 7:52 p.m. during this report and returned to the meeting at approximately 7:56 p.m. • Department of Public Safety: Director of Public Safety Masterson and Interim City Manager Schwarz responded to further Council questions resulting from the work shop held on May 1, 2009 on alternatives reviewed for the Department of Public Safety. Mayor Breeze acknowledged letter distributed to Council this evening from the Rohnert Park Public Safety Officers Association with attached organizational chart on staffing alternatives proposed by the RPPSOA. Minutes of the City of Rohnert Park Concurrent Meetings (6 of 11) May 12, 2009 _for City Council/Community Development Commission/Rohnert Park Financing Authority 2. Report from Temporary Internal Auditor Kevin O'Rourke, Managing Principal of Urban Futures, Inc. reviewed UFI's final report and recommendations via PowerPoin.t presentation and responded to Council questions. Mayor Breeze left the Chamber during this report at approximately 8:30 p.m. and returned to the meeting at approximately 8:34 p.m. Interim. City Manager Schwarz referred to the recommendations indicated in the conclusion of the report from Urban Futures in Attachments A & B and asked if Council would like to consider these at a future meeting. Council Member Stafford left the Chamber at approximately 9:15 p.m. • Council direction: MOTION made by Council Member Mackenzie, seconded by Vice Mayor Belforte, CARRIED 4 — 0 —1 with Council Member Stafford absent, directing staff to move forward with preparation of fiscal policies per Attachment A of the Internal Auditor's Report provided at this Council meeting for Council's consideration at a future meeting was APPROVED. Mayor Breeze asked the desire of Council regarding recommendations in Attachment B of the Internal Auditor's Report regarding consideration of local revenue tax measures. Council Member Stafford returned to the Chamber at approximately 9:20 p.m. • Council direction: Discussion concluded in COUNCIL CONSENSUS to wait until after June 30th this year to review considerations for local revenue tax measures, per Attachment B of the Internal Auditor's Report provided tonight, following completion of the current budget process for the City's 2009 -2010 Budget. RECESSED: Mayor Breeze called a recess of the City Council meeting.at 9:22 p.m. RECONVENED: Mayor Breeze reconvened the City Council meeting at 9:31 p.m. will all Council Member present. 3. Fiscal Year 2009 -2010 Budget Options Basic Service Level Budget for Fiscal Year 2009/2010: Director of Administrative Services Lipitz, with Accounting Manager Cathy Orme assisting, reviewed the basic service level budget for Fiscal Year 2009/2010 via PowerPoint presentation and responded to Council questions. Department of Public Safety - Basic Service Level: Director of Public Safety Masterson reviewed staff and budget reductions reflected in the Power Point presentation for the Department of Public Safety - Basic Service Level; explained additional hand outs provided to Council with charts and tables showing comparisons of Public Safety staffing levels with crime levels over the past four years; reports recognizing commendable arrest performances of several of the Department's newest Public Safety Officers, and responded to Council questions. Minutes of the City of Rohnert Park Concurrent Meetings (7 of 11) May 12, 2009 for City Counc&Community Development Commission /Rohnert Park Financing Authority Interim City Manager Schwarz and Police Commander Frazer also responded to Council questions on this report. Mayor Breeze noted things already mentioned including this does not address bargaining negotiations or furlough opportunities. She brought attention to a memo the Council recently received from the Management Unit with options for the Council to consider that could realize a $2.3 million savings if implemented citywide. Due to the lateness of the hour being 10:30 p.m., Council comments included recognizing the probability of the need to schedule another budget session in the near future. Council concurred to proceed with the next report on the Department of Public Works and then finish the remaining agenda items before finishing the budget session. • Department of Public Works - Below Basic Service Level: Director of Utilities & General Services McArthur explained the report reflected in the Power Point presentation for the Department of Public Works - Below Basic Service Level; reviewed necessary steps to restore basic service levels and advantages of the proposed restructure; and responded to Council questions. Interim City Manager Schwarz also responded to Council questions on this report COUNCIL CONSIDERATION OF CONTINUING THIS MEETING PAST 11:00 P.M. Interim City Manager Schwarz responded to Council inquiry that one of the budget matters needed Council's attention this evening and it was imperative to handle the item on tonight's Community Development Commission agenda. Mayor Breeze noted the necessity of taking formal action in accordance with Council Protocols to continue the meeting past 11:00 p.m. MOTION by Council Member Callinan, seconded by Council Member Mackenzie, and CARRIED UNANIMOUSLY, to continue this Council meeting past 11:00 p.m. and proceed with unfinished agenda items was APPROVED. • Budget Item — City Pools: Interim City Manager Schwarz reviewed his report provided to Council on Budget Item — City Pools and responded to Council questions. MOTION by Council Member Mackenzie, seconded by Council Member Stafford, in accordance. with staff recommendation regarding budget matters, to keep the A & L pools closed and develop a plan for consideration to improve the pools, FAILED 2 — 2 — 1 with Council Member Callinan and Mayor Breeze dissenting and Vice Mayor Belforte abstaining. Council agreed to bring this item back for further review at the May 26`x' Council meeting. Interim City Manager Schwarz noted that appropriate signage would be posted at A & L pools indicating that due to the pending process the A & L pools would not be open on `h May 25, Memorial Day. Minutes of the City of Rohnert Park Concurrent Meetings (8 of 11) May 12, 2009 for City Council/Community Development Commission /Rohnert Park Financing Authority 6. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS Standing Committees • Transportation Issues: Council Member Callinan and Council Member Mackenzie reported on the Transportation Issues Committee meeting held on May 5`h advising that nothing had changed since the previous meeting. Ad Hoc Committees • Budget Committee: Mayor Breeze and Vice Mayor Belforte advised that the Ad -Hoc Budget Committee did not meet since the last Council meeting. • Education Committee: Vice Mayor Belforte indicated comments were made earlier during this Council meeting on the Ad -Hoc Education Committee meeting. Liaison Reports • Sonoma County Transportation Authority (SCTA): Council Member Mackenzie reported on the Sonoma County Transportation Authority meeting held on May 11`i' which included the issue on toll lanes and coming back in July on whether the Sonoma County Transportation Authority would oppose or authorize express lanes that affects the 101 Corridor. 7. COMMUNICATIONS Council. Member Mackenzie called attention to a meeting held.on May 12`h on Tiger Salamander Protections Restored per lawsuit settlement of the Center for Biological Diversity vs. U. S. Fish and Wildlife Services. This will be reviewed further at another meeting scheduled this Friday to consider how to proceed. Council Member Mackenzie asked about the status on parking permit fees. .Interim. City Manager Schwarz indicated this would be provided at the next Council meeting on May 26`h Vice Mayor Belforte called attention to communications from Health Action, distributed iWalk Celebration t -shirts and stickers to Council Members and staff present at the dais, and encouraged participation in the 5 K Walk and Run for the Special Olympics Northern California Benefit this Saturday, May 16`h, with check in opening at 7:30 a.m. and run starting at 8:30 a.m. down Copeland Creek beginning at the Rohnert Park Community Center. There will be a water station at City Hall with Council Members helping. Mayor Breeze brought attention to a letter received from the Human Services Department thanking the Rohnert Park City Council for its recent support of the Tobacco Ordinance restricting smoking in public places for the protection of the community at large and particularly of our seniors. Mayor Breeze brought attention to the successful tour of Vida Nueva she attended recently, commended the community support of this project, and was proud of being on the Council that took part in this project. Vice Mayor Belforte displayed a poster for the Zone of Focus Black and White Photography Exhibition for High School Students currently being held at the Sonoma State University. Library Art. Gallery from May 81h — July 10t1,. She noted that she attended the Opening Reception held earlier this evening.and that both of her children won awards for their entries. Minutes of the City of Rohnert Park Concurrent Meetings (9 of 11) May 12, 2009 for City Council/Community Development CommissionlRohnert Park Financing Authority 8. MATTERS FROMIFOR COUNCIL 1. League of California Cities/North Bay Division General Membership Meeting, 4/30/09, Hosted by City of Rohnert Park at the Foxtail Golf Club (AB /GB /JM) Mayor Breeze reported that the April 30`h General Membership meeting of the League of California Cities North Bay Division held at the Foxtail Golf Club in Rohnert Park was a very informative event which she attended with Vice Mayor Belforte, Council Member Mackenzie and Interim City Manager Schwarz. 2. Calendar of Events: Document provided for informational purposes. Mayor Breeze brought attention to this item. 3. City Council Agenda Forecast: Document provided for informational purposes. Mayor Breeze brought attention to this item. 4. Other informational items: Council Member Stafford advised that she and Council Member Mackenzie attended the Climate Protection Event in Sonoma on May 7`h noting successful Climate Protection efforts creating jobs and energy efficiency in businesses. 9. PUBLIC COMMENTS Mayor Breeze invited members of the public to come forward to speak. No one responded. ADJOURNMENT There being no further business, Mayor Breeze adjourned the City Council regular meeting at 11:44 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. Minutes of the City of Rohnert Park Concurrent Meetings (10 of 11) May 12, 2009 - for City CounciUCommunity Development Commission/Rohnert Park Financing Authority MINUTES FOR THE MEETING OF THE COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF ROHNERT PARK Tuesday, May -12, 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 11:44 p.m. ROLL CALL Present: Arnie Breeze, Chair Gina Belforte, Vice -Chair Joe Callinan, Commissioner Jake Mackenzie, Commissioner Pam Stafford, Commissioner Staff participation: Daniel Schwarz, Interim Executive Director; James Atencio, Assistant General Counsel; and Judy Hauff, Secretary. 1. PUBLIC COMMENTS Chair Breeze invited members of the public to come forward to speak. No one responded. 2. CDC CONSENT CALENDAR 1. Approval'of Meeting Minutes for: a. CDC Portion of Regular Concurrent Meetings — April 28, 2009 2. Approval of CDC Bills /Demands for Payment 3. Resolution for Adoption: 2009 -09 Approving a Cooperation, Purchase and Sale Agreement with the City of Rohnert Park for the Acquisition of the City Center Parking Lot (Assessor's Parcel Number 143 -051 -076) and Authorizing the Interim Executive Director to Execute the Agreement MOVED by Commissioner Mackenzie, seconded by Commissioner Stafford, and CARRIED UNANIMOUSLY, reading was waived and the CDC Consent Calendar was APPROVED. ADJOURNMENT There being no further business, Chair Breeze adjourned the CDC meeting at 11:45 p.m. Minutes of the City of Rohnert Park Concurrent Meetings (11 of 11) May 12, 2009 _for City Council /Community Development Commission / Rohnert Park Financing Authority MINUTES FOR THE MEETING OF THE ROHNERT PARK FINANCING AUTHORITY (RPFA) Tuesday, May 12, 2009 CALL TO ORDER The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chair Breeze at 11:45 p.m. ROLL CALL Present: Arnie Breeze, Chair Gina.Belforte, Vice -Chair Joe Callinan, Board Member Jake Mackenzie, Board Member Pam Stafford, Board Member Staff participation: Daniel Schwarz, Interim Executive Director; James Atencio, Assistant General Counsel; and Judy Hauff, Secretary. 1. PUBLIC COMMENTS Chair Breeze invited members of the public to come forward to speak. No one responded. 2. RPFA CONSENT CALENDAR 1. Approval of Minutes for: a. RPFA Portion of Regular Concurrent Meetings — April 28, 2009 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 11:46 p.m. Ju au City Cler City of Rohnert Park Amie Breeze, Ma r City of Rohnert Park