2008/08/26 City Council MinutesMINUTES OF THE CONCURRENT MEETINGS OF THE CITY OF ROHNERT PARK
City Council
Community Development Commission
Rohnert Park Financing Authority
Tuesday
August 26, 2008
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 6:00 p.m. at the Rohnert Park City Hall, 6750
Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding.
CALL TO ORDER
The Regular Meeting of the City Council of the City of Rohnert Park was called to order by Mayor
Mackenzie at 6:00 p.m.
ROLL CALL
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice -Mayor
Arnie Breeze, Council Member
Tim Smith, Council Member
Vicki Vidak- Martinez, Council Member
Staff present for all or part of the Regular Meeting: Stephen Donley, City Manager; Daniel Schwarz,
Assistant City Manager; James Atencio, Assistant City Attorney; Ron Bendorff, Director of Community
Development; Thomas Bullard, Public Safety Chief; Darrin Jenkins, Director of Engineering
Services /City Engineer; John McArthur, Director of Utilities /General Services; Patrick Barnes, Deputy
City Engineer; Terri Griffin, Deputy City Clerk; and Linda Beltz, Videographer.
CLOSED SESSION
Mayor Mackenzie adjourned the City Council to Closed Session at 6:01 p.m. to discuss the following
litigation matters:
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one potential case.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Indian Springs, Ltd., et al. v. City of Rohnert Park, et al.
Sonoma County Superior Court No. 241227; Related Case No. 241225
RECONVENE REGULAR SESSION
Mayor Mackenzie reconvened the Regular Session at 6:45 p.m. All members were present.
PLEDGE OF ALLEGIANCE
Mayor Mackenzie led the Pledge of Allegiance.
City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 9) August 26, 2008
for City CouncillCommunity Development Commission/Rohnert Park Financing Authority
1. MAYOR'S REPORT ON CLOSED SESSION (Government Code § 54957.1)
Mayor Mackenzie announced that the Council had met in closed session regarding the first
litigation matter listed on the agenda and that no reportable action had been taken. Regarding the
second litigation matter listed on the agenda, Mayor Mackenzie read an announcement advising
concerned citizens that said litigation matter is still pending and has not been settled.
2. PRESENTATIONS
Mayor's Presentation of Resolution No. 2008 -97 Acknowledging and Honoring Friends of the
Library: The Mayor read aloud and presented the resolution to Charlotte Pedersen, Treasurer,
Friends of the Library. Mayor Mackenzie also recognized attendance by Friends of the Library
volunteers Pam Novelly, Joan Schmutz, Chloe de Bruener, Olwen Petersen, and Barbara
Mackenzie.
3. CHAMBER OF COMMERCE QUARTERLY REPORT
Amy Ahanotu, Board Member, Rohnert Park Chamber of Commerce, announced future
Chamber /City Hall annual events and creation of a Business Focus Committee. Mr. Ahanotu
introduced new Executive Director Roy Gugliotta. Mr. Gugliotta provided an overview of future
Chamber activities, including building relationships with businesses, creation of a visitor's center,
development of a marketing program, attracting young people to Rohnert Park, and bringing
economic development into one system. Mr. Gugliotta also provided a summary of his background
and experience.
4. PUBLIC COMMENTS
Lew Taber, Rohnert Park, submitted a letter and photographs regarding his receipt of a code
enforcement violation for building a non - compliant redwood fence. Mr. Taber requested
Council review of the City's fence ordinance.
Council CONCURRED to direct staff to stay the enforcement action pending further review
of the City's Municipal Code provisions regarding fences.
2. Peter Tscherneff spoke regarding various topics.
3. Erin Armstrong, Rohnert Park, spoke in opposition to Measure L.
4. Dawna Gallagher, Rohnert Park, spoke in favor of competitive bidding and a preference for
local vendors, and expressed concerns regarding threatened litigation.
5. CONSENT CALENDAR
1. Approval of Minutes for:
City Council Portion of Regular Concurrent Meetings — August 12, 2008
2. Approval of City Bills/Demands for Payment in the amount of $1,954,830.93.
3. Resolutions for Adoption:
2008 -137 Recognizing the Month of September as National Alcohol and Drug
Addiction Recovery Month
City of Rohnert Park CONCURRENT MEETINGS Minutes (3 of 9) August 26, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
2008 -138 Rejecting the Claim of Patricia Smith, Individually and as Guardian ad
Litem of Kyle Lee Billings [Police Matter]
2008 -139 Approving and Authorizing the Execution of an Amendment No. 1 to
Reimbursement Agreement with the Community Development Commission
of the City of Rohnert Park for the Construction of the Phase I Eastside
Sewer Line Project (Project No. 2004 -05)
Council Member Smith signified removal of the City Council Portion of the Regular Concurrent
Meetings Minutes for August 12, 2008.
MOVED by Council Member Smith, seconded by Council Member Vidak- Martinez, and
CARRIED 5 -0, reading was waived and the Consent Calendar was APPROVED with the
exception of the City Council Portion of the August 12, 2008, Regular Concurrent Meeting
Minutes.
Item for consideration:
City Council Portion of Regular Concurrent Meeting Minutes — August 12, 2008
Item 13, Communications (p. 10): Council Member Smith amended the minutes to include
Council's concurrence to direct the Mayor or staff to send a response letter to Sonoma State
University.
MOVED by Council Member Smith, seconded by Vice -Mayor Stafford, and CARRIED 4 -0 -1
with Council Member Breeze abstaining, reading was waived and the City Council Portion of the
Regular Concurrent Meeting Minutes for August 12, 2008, were APPROVED AS AMENDED.
6. PARK CLEANING SERVICES
Consideration of Awarding a Contract for Park Cleaning Services
1. City Manager Donley and Assistant City Attorney Atencio reviewed the contents of the staff
report and responded to Council questions.
2. Public Comments: The following individuals spoke in favor of retaining the park cleaning
services contract with Rohnert Park Services /Old Adobe Developmental Services (O.A.D.S.):
1. Linda Skogberg, Rohnert Park Services.
2. Michael Sturm, Santa Rosa.
3. Travis Stockton, Rohnert Park Services.
4. Mary Payne, Rohnert -Park Services. Ms. Payne circulated a City Council resolution
recognizing Linda Skogberg and Carl Helton of O.A.D.S.
5. Theresa Mwangi, Rohnert Park Services.
6. Judith Hager, Program Director, Rohnert Park Services.
.Paul SttArud, Rehaeft ark.'
7. Nicky Boyette, Executive Director, O.A.D.S.
8. Bonnie Black, Rohnert Park.
AMENDMENT made by Vice Mayor Stafford at the September 8, 2008, City Council special meeting.
(Additions underlined/Deletions lined out)
City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 9) August 26, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
9. Rick Drips.
10. Nancy Wilkins, parent of Rohnert Park Services employee.
11. Pat Eskew, Rohnert Park.
12. Regina Livingston, North Bay Industries.
13. Cami Weaver, Becoming Independent.
14. Creighton Bell, Rohnert Park.
15. Diane Reilly Torres, Petaluma. Ms. Torres submitted written materials.
16. Peter Tscherneff.
17. Pat Keller, Rohnert Park.
3. Resolution for Adoption:
2008 -140 Awarding a Contract for Park Cleaning Services
-OR-
2008 -140 Rejecting All Bids for Park Cleaning Services
MOVED by Council Member Smith seconded by Council Member Vidak- Martinez, and
CARRIED 5 -0, reading was waived and Resolution No. 2008 -140, Rejecting All Bids for Park
Cleaning Services, was ADOPTED.
Council CONCURRED to direct staff to re -bid the contract in order to retain the current
contract employees and to return to Council with the revised bid package for park cleaning
services by the first meeting in October.
RECESS
Mayor Mackenzie called a recess at 8:23 p.m.
RECONVENE
Mayor Mackenzie reconvened the regular session at 8:39 p.m. All members were present.
7. WATER SERVICE RATES
Consideration of Adopting Ordinance No. 801 Amending Chapter 13.04 of the Rohnert Park
Municipal Code to Increase Water Service Rates
1. City Manager Donley reviewed the contents of the staff.
2. Public Comments: None
3. Ordinance for Adoption:
No. 801 Amending Chapter 13.04 of the Rohnert Park Municipal Code (City Water
System) To Increase Water Service Rates
MOVED by Council Member Smith, seconded by Vice -Mayor Stafford, and CARRIED 5 -0,
reading was waived and Ordinance No. 801 was ADOPTED BY ROLL CALL VOTE.
8. SPEED LIMIT ORDINANCE
Consideration of Adopting Ordinance No. 802 Amending Section 10.20.010 of the Rohnert Park
Municipal Code Declaring Prima Facie Speed Limits on Certain Streets
City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 9) AuEust 26, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
Deputy City Engineer Barnes reviewed the contents of the staff report and responded to
Council questions.
2. Public Comments: None.
3. Ordinance for Adoption:
No. 802 Amending Section 10.20.010 of the Rohnert Park Municipal Code Declaring
Prima Facie Speed Limits on Certain Streets
MOVED by Council Member Stafford and seconded by Council Member Vidak- Martinez to
waive further reading and adopt Ordinance No. 802. Following Council discussion, Council
CONCURRED to direct staff to bring back to Council at the earliest opportunity an ordinance
establishing a speed limit of 45 miles per hour on Rohnert Park Expressway from Snyder to
Petaluma Hill Road. The motion CARRIED 4 -1, with Council Member Smith voting against,
reading was waived and Ordinance No. 802 was ADOPTED BY ROLL CALL VOTE.
9. CITY WORK PLAN
Six -month Review of the City Council Goals, Objectives, Strategies, and Tactics regarding
Implementation of the City's Work Plan
Mayor Mackenzie summarized the process used for development of the City's Work Plan.
City Manager Donley provided an update regarding implementation of the City's Work Plan.
Assistant City Manager Schwarz reviewed economic development activities accomplished
under Goal I: Raise Revenues and Goal II: Partnerships /Cooperation. Public Safety Director
Bullard reviewed Public Safety Department recruitment and retention activities accomplished
under Goal III: Increase Safety. Director of Engineering Services Jenkins reviewed the status
of projects and Engineering Department activities accomplished under Goal IV:
Maintain/Increase Infrastructure. Community Development Director Bendorff reviewed the
status of projects and Community Development Department activities accomplished under
Goal IV. City Manager Donley reviewed the status of projects and accomplishments under
Goal V: Sustainability.
2. Public Comments: None.
3. Council Members commended staff for their hard work and accomplishments on the City's
Work Plan. No action was taken.
10. COUNCIL COMMITTEE AND /OR OTHER REPORTS
Council members provided reports regarding attendance at meetings and events as indicated below:
1. Mayors' and Councilmembers' Association meeting, 8/14: Mayor Mackenzie. The meeting
was also attended by Council Member Smith and Council Member Vidak- Martinez.
2. City Hall Ad Hoc Subcommittee meeting, 8/18: Vice -Mayor Stafford and Council Member
Smith.
City Hall Plaque: Council Member Breeze requested that the "L." be stricken from her name.
Mayor Mackenzie requested the addition of former Council Member Armando Flores. Council
City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 9) August 26, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
CONCURRED to: (1) direct staff to proceed with a plaque for the new City Hall as depicted
in the example and incorporating the requested changes; and (2) permit the City Manager to
add staff names at his discretion.
3. Economic Development Subcommittee meeting, 8/20: Council Member Breeze and Council
Member Vidak - Martinez.
4. Sonoma County Waste Management Agency meeting, 8/2U Council Member Smith.
5. Other informational reports:
Councilmember Smith: League of California Cities Ballot Measure Academy, 8/14; California
Parenting Institute Rehabilitation Facility.
Council Member Breeze: None.
Council Member Vidak - Martinez: 8/13 Santa Rosa Mayor's Gang Task Force Policy
Committee meeting, 8/13; Concerned Citizens of Rohnert Park (C -CORP) /Sonoma County
Health Forum, 8/16; Explorer Pancake Breakfast at Senior Center, 8/23; County Climate
Action Plan meeting, 8/23; volunteered at Association for the Arts Library Photo Show, 8/26.
Vice -Mayor Stafford: Library Art Show, 8/26; various pancake breakfasts.
Mayor Mackenzie: Way to Go! Expo; Santa Rosa Wednesday Night Market.
11. COMMUNICATIONS
Mayor Mackenzie called attention to an e-mail message from David Grabill congratulating the City
on obtaining its affordable housing goals.
12. MATTERS FROM/FOR COUNCIL
1. Calendar of Events
2. City Council Agenda Forecast
3. League of California Cities Annual Conference — Consideration of 2008 Annual Conference
Resolutions:
(a) League Bylaws Amendments
(b) 2 -1 -1 California Telephone Service
(c) Extension of Federal Section 45 Production Tax Credit
(d) Comprehensive Statewide Water Infrastructure Plan
Council CONCURRED that the Mayor may support or oppose the 2008 Annual Conference
resolutions at his discretion.
13. CITY MANAGER'S /CITY ATTORNEY'S REPORTS
1. Response to Questions Regarding Additional Effects of Sewer Service Charges Initiative
City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 9) August 26, 2008
for City CouncillCommunity Development Commission/Rohnert Park Financing Authority
Assistant City Manager Schwarz provided a brief report regarding the effects of City
bankruptcy on property values, the impacts of the sewer rates initiative on school bonds, and
the effects of a Regional Water Quality Control Board Cease and Desist Order on the City of
Dixon. Mr. Schwarz distributed to Council: (1) an article from The Mercury News entitled
"Bankrupt Calif. City losing cops amid rising crime; an article from TheReporter.Com entitled
"Dixon to get directive on wastewater "; and a copy of "California Regional Water Quality
Control Board Cease and Desist Order Requiring the City of Dixon, Dixon Wastewater
Treatment Facility, Solano County to Cease and Desist from Discharging Contrary to
Requirements."
14. PUBLIC COMMENTS
None.
ADJOURNMENT
There being no further business, Mayor Mackenzie adjourned the City Council meeting at 10:44 p.m. to
consecutively and separately convene the meetings of the Community Development Commission and the
Rohnert Park Financing
MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ROHNERT PARK (CDC) .
Tuesday, August 26, 2008
CALL TO ORDER
The Regular Meeting of the Community Development Commission of the City of Rohnert Park was
called to order by Chairperson Mackenzie at 10:44 p.m.
ROLL CALL
Present: Jake Mackenzie, Chair
Pam Stafford, Vice -Chair
Arnie Breeze, Commissioner
Tim Smith, Commissioner
Vicki Vidak - Martinez, Commissioner
Staff present: Stephen Donley, Executive Director; James Atencio, Assistant General Counsel; Daniel
Schwarz, Assistant Executive Director; Terri Griffin, Deputy Secretary; and Linda Beltz, Videographer.
Unscheduled Public Appearances: None
1. CDC CONSENT CALENDAR
1. Approval of Meeting Minutes for CDC Portion of Regular Concurrent Meetings — August 12,
2008.
2. Approval of CDC Bills/Demands for Payment in the amount of $5,374.70.
3. Accepting CDC Cash/Investments Report for Month Ending June, 2008.
4. Resolution for Adoption:
City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 9) August 26, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
2008 -08 Approving and Authorizing the Execution of an Amendment No. 1 to
Reimbursement Agreement with the Community Development Commission
of the City of Rohnert Park for the Construction of the Phase I Eastside
Sewer Line Project (Project No. 2004 -05)
2008 -09 Authorizing a Request for Proposals Solicitation Process for the Purpose of
Selecting a Qualified Developer to Construct an Affordable Housing Project
on 100 Avram Avenue, 120 Avram Avenue and 6750 Commerce Boulevard
MOVED by Commissioner Smith, seconded by Commissioner Vidak - Martinez, and CARRIED
5 -0, reading was waived and the CDC Consent Calendar was APPROVED.
ADJOURNMENT
There being no further business, Chairperson Mackenzie adjourned the CDC meeting at 10:45 p.m.
MINUTES FOR THE
ROHNERT PARK FINANCING AUTHORITY (RPFA)
Tuesday, August 26, 2008
CALL TO ORDER
The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chairperson
Mackenzie at 10:45 p.m.
ROLL CALL
Present: Jake Mackenzie, Chair
Pam Stafford, Vice -Chair
Amie Breeze, Board Member
Tim Smith, Board Member
Vicki Vidak - Martinez, Board Member
Staff present: Stephen Donley, Executive Director; James Atencio, Assistant General Counsel; Daniel
Schwarz, Assistant Executive Director; Terri Griffin, Deputy Secretary; and Linda Beltz, Videographer.
Unscheduled Public Appearances: None
1. RPFA CONSENT CALENDAR
1. Approval of Minutes for RPFA Portion of Regular Concurrent Meetings — August 12, 2008.
2. Accepting RPFA Cash/Investments Report for Month Ending June, 2008.
MOVED by Board Member Vidak - Martinez, seconded by Board Member Smith, and CARRIED 5-
0, reading was waived and the RPFA Consent Calendar was APPROVED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 9) August 26 2008
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
ADJOURNMENT
There being no further business, Chairperson Mackenzie adjourned the meeting of the RPFA at 10:45
p.m.
6QAA-A---�
Terri riff
Deputy City le
City of Rohnert ark
( TL j
ake Mackenzie /
Mayor
City of Rohnert Park