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2009/01/27 City Council MinutesMINUTES OF THE REGULAR CONCURRENT MEETINGS OF THE CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday January 27, 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 6:23 p.m. ROLL CALL Present: Arnie Breeze, Mayor Gina Belforte, Vice Mayor Joseph 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; Ron Bendorff, Director of Community Development; Darrin Jenkins, Director of Engineering Services; Sandy Lipitz, Director of Administrative Services; Brian Masterson, Director of Public Safety; John McArthur Director of Utilities /General Services; Linda Babonis, Housing & Redevelopment Manager; Brian Goodman, Housing & Redevelopment Assistant; Maureen Rich, Senior Planner; Peter Bruck, Chief Building Official; and Terri Griffin, Deputy City Clerk. Note: Community Media Center staff present for the televised production of the concurrent meetings: Tola Bennington and Vanessa Vann, Interns. ADJOURN TO CLOSED SESSION Mayor Breeze adjourned the City Council to Closed Session at 6:23 p.m. to discuss the following litigation matter: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 1 case. City of Rohnert Park Concurrent Meetings Minutes (2 of 10) January 27, 2009 _ for City Council /Community Development Commission/Rohnert Park Financing Authority RECONVENE OPEN SESSION Mayor Breeze reconvened the Open Session at 7:04 p.m. All members were present. PLEDGE OF ALLEGIANCE David Lesley, 5`h Grade Student, Evergreen Elementary School led the Pledge of Allegiance. Mayor Breeze presented David with a card and pen. 1. MAYOR'S REPORT ON CLOSED SESSION (Government Code § 54957.1) Mayor Breeze announced that the Council had met in closed session regarding the litigation matter listed on the agenda and no reportable action had been taken. 2. PRESENTATIONS • Mayor's Presentation of a Proclamation Proclaiming February 1 -28, 2009, as Career and Technical Education Month in Rohnert Park: Mayor Breeze read aloud and presented the Proclamation to Dan Lake and Steve Jackson. Mr. Jackson thanked the Council and Vice Mayor Belforte for bringing this Proclamation before the Council and made brief comments. • Mayor's Presentation of a Proclamation Proclaiming February 2009 as Go Direct /Direct Express Month: Mayor Breeze read aloud the Proclamation. 3. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS Interim City Manager Schwarz provided updates regarding the Energy Efficiency Improvement Loans (Assembly Bill 811) Countywide Assessment Program and the approximate cost of $15,000 cost for Rohnert Park's first year of participation in the Regional Climate Protection Coordination Plan. Council CONCURRED to direct staff to evaluate potential non - General Fund funding sources for Rohnert Park's share in the Regional Climate Protection Coordination Plan, including possible funding mechanisms through PG &E. Director of Engineering Services Jenkins reported on funding opportunities for transit and street maintenance projects under the American Recovery & Reinvestment Act of 2009 (federal stimulus package) through allocations by the Metropolitan Transportation Commission and the Sonoma County Transportation Authority. Council CONCURRED to authorize the Ad -hoc Budget Subcommittee to provide direction to staff as to grant opportunities that have restrictions on use of the grant funds, implications on the prioritization of other projects, and short application deadlines. Public Safety Director Masterson provided an update regarding the recent increase in graffiti activity, Public Safety's coordination with Public Works in abating graffiti and the focus of the SEU team on areas where gang graffiti occurs. Chief Masterson also provided an update regarding Public Safety's efforts to decrease expenditures, particularly in the use of overtime, the use of volunteers in the Fire division, the Explorer Program in the Police division, and Public Safety's Annual Impact and Life - saving Awards. City of Rohnert Park Concurrent Meetings Minutes (3 of 10) January 27, 2009 ,for City Council /Community Development Commission / Rohnert Park Financing Authority 4. PUBLIC COMMENTS Mayor Breeze invited members of the public to come forward to speak. No members of the public responded. 5. CONSENT CALENDAR Council Member Mackenzie signified removal of Ordinance No. 810. Council Member Stafford signified removal of the Minutes for the City Council Portion of the Regular Concurrent Meetings of January 13, 2009. Council Member Callinan signified removal of the Cash /Investments Report for the Month Ending July, 2008. 1. Approval of Minutes for: a. City Council Special Meeting — January 13, 2009 2. Approval of City Bills /Demands for Payment 4. Ordinances for Adoption: No. 811 Repealing Section 2.12.045, Compensation for Community Development Commission Service, of the Rohnert Park Municipal Code No. 812 Amending Sections 1.08.010 and 17.01.090 of the Rohnert Park Municipal Code to Reference Current Addresses for City Offices MOVED by Council Member Belforte, seconded by Council Member Mackenzie, and CARRIED UNANIMOUSLY, reading was waived and the Consent Calendar was APPROVED BY A ROLL CALL VOTE with the exception of Ordinance No. 810, the Minutes for the City Council Portion of the Regular Concurrent Meetings of January 13, 2009, and the Cash /Investments Report for the month ending July 2008. Items for Consideration: 1. Approval of Minutes for: b. City Council Portion of Regular Concurrent Meetings — January 13, 2009 Council Member Stafford amended the Minutes for ltem 11 (page 7) to indicate that she and Council Member Mackenzie did not concur with Mayor Breeze's nomination of Gregory Nordin to the Planning Commission. MOVED by Council Member Belforte, seconded by Council Member Mackenzie, and CARRIED UNANIMOUSLY, reading was waived and the Minutes for the City Council Portion of the Regular Concurrent Meetings of January 13, 2009, were APPROVED AS AMENDED. 3. Accepting Cash /Investments Report for: Month Ending July, 2008 In response to Council Member Callinan's request for an explanation as to the delay in providing Cash /Investment Reports to the Council, Interim City Manager Schwarz indicated that the Finance Department needed to devote staff resources to completing the outside audit City of Rohnert Park Concurrent Meetings Minutes (4 of 10) January 27, 2009 for City Council/Community Development Commission /Rohnert Park Financing Authority and the City's in -house accountant is now devoting most of her time to completing the Cash/Investment Reports. MOVED by Council Member Stafford, seconded by Council Member Mackenzie, and CARRIED UNANIMOUSLY, reading was waived and the Cash /Investments Report for month ending July, 2008, was ACCEPTED. 4. Ordinance for Adoption: No. 810 Deleting and Replacing Section 13.66.050 of the Rohnert Park Municipal Code, Water Conservation Stages Council Member Mackenzie reported on meetings with Sonoma County Water Agency staff regarding Russian River water supply, expressed concerns regarding the current drought situation and a potential 30% water reduction by the Agency, and indicated that this ordinance updates the City's ability to declare mandatory compliance with water rationing. MOVED by Council Member Mackenzie, seconded by Council Member Callinan, and CARRIED UNANIMOUSLY, reading was waived and Ordinance No. 810 was ADOPTED BY A ROLL CALL VOTE. 6. SMOKING ORDINANCE Consideration of Potential Modifications to Rohnert Park Municipal Code, Chapter 8.32, Use of Tobacco in Public Places, through Completion of the Smoke -Free Living Checklist 1. Senior Planner Rich reviewed the contents of the staff report via PowerPoint presentation. Senior Planner Rich and Pam Granger, American Lung Association, responded to Council questions regarding prohibition of smoking at public events, enforcement issues, smoking in parks, and multi -unit housing issues. Ms. Granger distributed a packet of information to each Council member. 2. Public Comments: Pamela Granger, American Lung Association of California, discussed a City- comparison report contained in the packets distributed to the Council. Debbie Prusinvoski, Cotati, spoke in favor of legislative controls on smoking. Kerry Andrade, Sonoma County Health Department Community Education Program, discussed a potential Health Department contribution toward the City's costs associated with implementation of a revised smoking ordinance and summarized some of the smoking complaints received by the County Health Department. 3. Following Council discussion, Council CONCURRED to direct staff to return to Council with a report summarizing the results of the checklist and a proposed ordinance reflecting the wishes of the Council majority. City of Rohnert Park Concurrent Meetings Minutes (5 of 10) January 27, 2009 or City Council /Community Development Commission/Rohnert Park Financing uthority 7. CONSULTANT SERVICES Review of the City's Use of Consultants for Various Outside Services Director of Engineering Services Jenkins reviewed the Engineering Department's use of consultants via PowerPoint presentation and responded to Council. questions. Community Development Director Bendorff, Chief Building Official Bruck, and Housing & Redevelopment Manager Babonis reviewed Community Development Department's use of consultants and responded to Council questions. Finance Director Lipitz reviewed Finance Department's use of consultants and responded to Council questions. Interim City Manager Schwarz reviewed Human Resources' use of consultants 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. Council discussion included a request for more data regarding cost savings by the Engineering Department and recommendations that more plan check services be handled by in- house staff. No action was taken by Council. RECESS: Mayor Breeze declared a recess at 9:49 p.m. RECONVENE: Mayor Breeze reconvened the full Council at 9:55 p.m. S. HOUSING ELEMENT Report on Housing Element Law and Requirements 1. Director of Community Development Bendorff provided a report on Housing Element law and requirements via PowerPoint presentation and responded to Council questions. 2. Public Comments: None. 3. This item was provided for information purposes only. No action was taken by the Council. 9. BOARD / COMMISSION / COMMITTEE APPOINTMENTS Council Concurrence regarding Nominations and Appointments for the following Board, Commission, and Committee Terms that Expired December 31, 2008 Bicycle Advisory Committee: Council CONCURRED with the appointment of Terry Gault (Belforte nomination) for a two -year term to expire December 31, 2010. Council Member Callinan requested additional time for staff to solicit applications for his nomination. Cultural Arts Commission: Council CONCURRED with .the appointment of Robin Miller (Belforte nomination) for a four - year term to expire December 31, 2012. Mobile Home Park Rent Appeals Board: Council CONCURRED with the appointment of Jason Merrick (Stafford nomination) for a two - year term to expire December 31, 2010. City of Rohnert Park Concurrent Meetings Minutes (6 of 10) January 27, 2009 for City Council/Community Development Commission /Rohnert Park Financing Authority Mayor Breeze requested that staff send a letter thanking Lynne Morrow for her past service on the Cultural Arts Commission. 10. CITY COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Consideration of Appointment of a Council Member to a Health Action Council Convened by the Sonoma County Department of Health Services Mayor Breeze recommended and Council CONCURRED to appoint Vice Mayor Belforte to the Health Action council convened by the Sonoma County Department of Health Services. 11. SONOMA COUNTY MAYORS' & COUNCILMEMBERS' ASSOCIATION Consideration of letters of interest for a vacancy to be considered at a Special Meeting of the City Selection Committee and the Board of Directors on January 28, 2009 City Selection Committee — Selection for Submission to the State of California: California Coastal Commission (four -year term) Mayor Breeze recommended and Council CONCURRED to support the nomination of Sarah Glade Gurney, Mayor of Sebastopol,, to the California Coastal Commission for a four -year term. 12. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS This time is set aside to allow members of the Council serving on Council subcommittees or on regional boards, commissions or committees to present a verbal report to the full Council on the activities of the respective boards, commissions or committees upon which they serve. No action may be taken except to place a particular item on a future agenda for Council consideration. Standing; Committees • Economic Development • General Plan • Transportation Issues • Waste and Recycling • Water /Wastewater Issues Mayor Breeze reported on a meeting with Roy Gugliotta, Executive Director of the Rohnert Park Chamber of Commerce, and distributed to the Council items from Backoffice Technology Group. Council Member Callinan reported on his attendance with Vice Mayor Belforte at a General Plan briefing with Community Development Director Bendorff. Council Member Mackenzie and Council Member Stafford reported on their attendance at the Water /Wastewater Issues Committee and Russian River Watershed Association meetings on January 27, 2009. Council Member Callinan reported on his attendance with Interim City Manager Schwarz at a Redwood Empire Municipal Insurance Fund (REMIF) conference and Board of Directors meeting. Mayor Breeze reported on her attendance at an open house at the Graton Rancheria Tribal Temporary Assistance for Needy Families (TANF). Council Member Mackenzie reported on his attendance at a Sonoma County Transportation Authority (SCTA) meeting. City of Rohnert Park Concurrent Meetings Minutes (7 of 10) January 27, 2009 -for City Council /Community Development Commission /Rohnert Park Financing Authority Mayor Breeze reported on her attendance at the Senior Citizens Advisory Committee meeting on January 15'x'. Ad Hoc Committees and Other Liaison Assi nments Ad -Hoc Budget Subcommittee: Consideration of Authorizing the Ad -Hoc Budget Subcommittee to Issue a Request For Proposals for Internal Auditing Services Following Council discussion, it was MOVED by Council Member Callinan, seconded by Vice Mayor Belforte, and CARRIED 3 -2 with Council Member Mackenzie and Council Member Stafford dissenting, to authorize the Ad -Hoc Budget Subcommittee, with support from the City Manager and the City Attorney, to prepare and issue a Request for Proposals (RFP) for an internal auditor, solicit responses from qualified individuals or firms, interview potential candidates, and return to the full Council with a recommendation. 13. COMMUNICATIONS Council Member Mackenzie called attention to an article in The Community Voice regarding an inspection of mobile homes in Rohnert Park by the California Department of Housing and Community Development (HCD) and requested a report by the Interim City Manager on the results of the HCD report. Council Member Callinan called attention to a letter from Council Member Stafford seeking appointment to the Sonoma County Local Agency Formation Commission (LAFCO) and indicated his support for her appointment. Council Member Breeze called attention to a communication regarding the painting of curbside addresses, a communication received recent tagging activities, and a letter from the Rancho Cotate Project Graduation Committee requesting a waiver of fees for its June 2009 event. Interim City Manager Schwarz indicated that this request for waiver of fees would be placed on the February 10`x' agenda with the associated dollar amounts for Council's consideration. 14. MATTERS FROMIFOR COUNCIL 1. Calendar of Events: Document provided for informational purposes. 2. City Council Agenda Forecast: Document provided for informational purposes. 3. Other informational items: Council Member Callinan suggested allowing parking on East Cotati Avenue between Bodway Parkway and Snyder Lane to alleviate parking concerns in "R" section. Council CONCURRED to refer the issue to the Transportation and Education Committees for further review and discussion with representatives of Sonoma State University. At 11:04 p.m., Mayor Breeze indicated that pursuant to the Council Protocols the Council would need to take formal action to continue the meeting beyond 11:00 p.m. It was MOVED by Council Member Mackenzie, seconded by Council Member Callinan, and CARRIED UNANIMOUSLY to continue the meeting beyond the standard adjournment time of 11:00 p.m. City of Rohnert Park Concurrent Meetings Minutes (8 of 10) January 27, 2009 _for City Council /Community Development Commission/Rohnert Park Financing Authority 15. 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 meeting at 11:06 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF ROHNERT PARK AGENDA Tuesday, January 27, 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 11:06 p.m. ROLL CALL Present: Arnie Breeze, Chair Gina Belforte, Vice -Chair Joseph Callinan, Commissioner Jake Mackenzie, Commissioner Pam Stafford, Commissioner Staff participating in all or part of the regular meeting: Daniel Schwarz, Interim Executive Director; Michelle Marchetta Kenyon, General Counsel; Linda Babonis, Housing & Redevelopment Manager; Brian Goodman, Housing & Redevelopment Assistant; 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 Vice Chair Belforte signified removal of Resolution Nos. 2009 -04 and 2009 -05. Commissioner Callinan signified removal of Resolution No. 2009 -06. 1. Approval of Meeting Minutes for: a. CDC Portion of Regular Concurrent Meetings — January 13, 2009 2. Approval of CDC Bills /Demands for Payment MOVED by Commissioner Mackenzie, seconded by Commissioner Stafford, and CARRIED UNANIMOUSLY, reading was waived and the Consent Calendar was APPROVED, with the exception of Resolution Nos. 2009 -04, 2009 -05, and 2009 -06. City of Rohnert Park Concurrent Meetings Minutes (9 of 10) January 27, 2009 -for City Council/Community Development Commission / Rohnert Park Financing Authority Items for Consideration: 3. Resolutions for Adoption: 2009 -04 Amending the CDC Adopted Budget for Fiscal Year 2008/09 2009 -05 Approving an Amendment to the Agreement for Services by and between the Community Development Commission and the Rohnert Park Chamber of Commerce In response to questions by Vice Chair Belforte, Housing and Redevelopment Manager Babonis provided information regarding the additional funds for Chamber of Commerce marketing activities and maintenance of the CDC -owned homes managed by Committee on the Shelterless (COTS). At the recommendation of Interim Executive Director Schwarz, the Commission CONCURRED to defer consideration of Resolution Nos. 2009 -04 and 2009 -05 to the February 10, 2009, Commission meeting. 2009 -06 Authorizing the Executive Director of the CDC to Negotiate an Exclusive Negotiation Agreement (ENA) with Sherman Associates, Incorporated for the Development of the Real Property Located at 6750 Commerce Boulevard, 100 Avram Avenue and 120 Avram Avenue In response to Chair Breeze's request for more time to review the report and concerns expressed by Commissioner Callinan regarding the project, the Commission CONCURRED to defer consideration of,Resolution No. 2009 -06 to the February 10, 2009, Commission meeting. ADJOURNMENT There being no further business, Chair Breeze adjourned the CDC meeting at 11:20 p.m. ROHNERT PARK FINANCING AUTHORITY (RPFA) AGENDA Tuesday, January 27, 2009 CALL TO ORDER The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chair Breeze at 11:20 p.m. ROLL CALL Present: Amie Breeze, Chair Gina Belforte, Vice -Chair Joseph 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. City of Rohnert Park Concurrent Meetings Minutes (10 of 10) January 27, 2009 for City Council /Community Development Commission / Rohnert Park Financing Authority 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 — January 13, 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 11:21 p.m. Terri Grif i Amie Bree Deputy City 1 Mayor City of Rohnert Park City of Rohnert Park