2008/10/14 City Council MinutesMINUTES OF THE CONCURRENT MEETINGS OF THE CITY OF ROHNERT PARK
City Council
Community Development Commission
Rohnert Park Financing Authority
Tuesday
October 14, 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 6:01 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: Daniel Schwarz, Acting/Interim City Manager;
Michelle Marchetta Kenyon, City Attorney; James Atencio, Assistant City Attorney; Tom Bullard,
Director of Public Safety; Dave Welch, Public Safety Sergeant; 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 6:02 p.m. to discuss the following
litigation and personnel matters:
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 1
case.
PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957)
Title: Interim City Manager
RECONVENE OPEN SESSION
Mayor Mackenzie reconvened the Open Session at 6:40 p.m. All members were present.
City of Rohnert Park Concurrent Meetingrs Minutes (2 of 10) October 14, 2008
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PLEDGE OF ALLEGIANCE
Mayor Mackenzie led the Pledge of Allegiance.
1. MAYOR'S REPORT ON CLOSED SESSION (Government Code Section 54957.1)
Mayor Mackenzie announced that the Council had met in closed session regarding the matters
listed on the agenda and that no reportable action had been taken on either matter.
Mayor Mackenzie called attention to the Council's use of new stainless steel water bottles and
announced that the bottles will be available for sale in the near future.
Mayor Mackenzie further called attention to City Manager Steve Donley's one -year leave of
absence due to his activation by the U.S. Coast Guard.
Mayor Mackenzie remarked on two successful events that occurred on October 11th: The Rancho
Cotate High School Homecoming Parade and the Ribbon- cutting ceremony at the new City Hall.
2. PRESENTATIONS
a. Presentation of Resolution No. 2008 -147 Recognizing Chris Carrieri, Co -owner of Cz
Alternatives: The Mayor read aloud and presented Mr. Carrieri with Resolution No. 2008-
147. Mr. Carrieri thanked the City Council and made brief remarks.
b. Presentation of Proclamation Observing October 24, 2007, as United Nations Day to Robert
Abramson, Membership Chair, United Nations Association of Sonoma County: The Mayor
presented Mr. Abramson with a Proclamation. Mr. Abramson thanked the City Council and
made brief remarks. Mr. and Mrs. Abramson distributed a flag and written materials regarding
the UNAFF Traveling Film Festival Sonoma County (November 15th) and a presentation by
John Kamm regarding China and Human Rights (October 30th).
3. PUBLIC COMMENTS
a. Robert Grundman distributed documents and questioned why proceeds from the sale of the
Stadium Lands property were not placed into a sewer enterprise fund as it was previously
sewer plant lands. Mayor Mackenzie referred the matter to the City Manager and the City
Attorney to provide a response to the Council.
b. Susan Adams, Co -chair of No on Measure L Committee, spoke in opposition to Measure L.
4. CONSENT CALENDAR
1. Approval of Minutes for:
• City Council Portion of Special Joint Meeting — September 23, 2008
•
City Council Portion of Regular Concurrent Meetings — September 23, 2008
2. Approval of City Bills/Demands for Payment: Check Numbers 180960 - 181496 dated
September 17 — October 8, 2008, in the amount of $3,116,437.77.
3. Accepting Cash/Investments Reports for:
Months Ending April and May, 2008 v "'
City of Rohnert Park Concurrent Meetings Minutes (3 of 10) October 14, 2008
for City Council/Community Development Commission /Rohnert Park Financing Authority
4. Resolutions for Adoption:
2008 -160 Recognizing and Commending Jeanne Johnson and the C. Paul Johnson
Family Foundation for Their Contribution to the Osher Life Long Learning
Institute
2008 -161 Rejecting the Claim of Michelle Grillo
2008 -162 Authorizing and Approving an Agreement with Cotati - Rohnert Park Unified
School District for Joint Use of Certain Public Facilities Owned by City of
Rohnert Park and Cotati - Rohnert Park Unified School District
2008 -163 Commending Daniel R. Murray, Public Safety Lieutenant, on the Occasion of
His Retirement
2008 -164 Authorizing the Destruction of Certain City Records as Provided in Section
34090 of the Government Code of the State of California
2008 -165 Approving and Authorizing Execution of Employment Agreement for Interim
City Manager Position
Council Member Smith signified removal of the City Council Portion of Regular Concurrent
Meeting Minutes — September 23, 2008.
Mayor Mackenzie signified removal of Resolution No. 2008 -165.
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 Regular Concurrent Meeting Minutes of September 23,
2008, and Resolution No. 2008 -165.
Items for Consideration
City Council Portion of Regular Concurrent Meeting Minutes — September 23, 2008
Item No. 8, Fencing Standards (p. 6): Council Member Smith amended the minutes to include the
following italicized language: "Council further CONCURRED to direct staff to hold in abeyance
all code enforcement cases currently open with regard to fences until such time that revisions or
amendments have been, made, except for those cases that have an immediate effect on public health
or safety."
MOVED by Council Member Smith, seconded by Council Member Vidak- Martinez and
CARRIED 4 -0 -1 with Vice -Mayor Stafford abstaining, reading was waived and the City Council
Portion of the Regular Concurrent Meeting Minutes of September 23, 2008, was APPROVED AS
AMENDED.
Resolution No. 2008 -165
Mayor Mackenzie summarized the circumstances regarding the City Manager's leave of absence
and the terms of the Interim City Manager agreement with Daniel Schwarz.
MOVED by Mayor Mackenzie, seconded by Council Member Breeze and CARRIED 5 -0, reading
was waiv--d and Resolution No. 2008 -165 was ADOPTED.
City of Rohnert Park Concurrent Meetings Minutes (4 of 10) October 14, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
5. TAXICAB SERVICE
Consideration of an Application from Mark Neese d.b.a. Yellow Cab for a Certificate of Public
Convenience and Necessity to Provide Taxicab Service in the City of Rohnert Park
1. Public Safety Sergeant Welch reviewed the contents of the staff report. Sergeant Welch and
City Attorney Kenyon responded to Council questions.
2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 7:14 p.m.
Mark Neese d.b.a. Yellow Cab spoke in favor of his application for taxicab service and
responded to Council questions.
Patricia Kumagai, owner of Ace Taxi, expressed concerns regarding the impacts of this
application on the two existing taxicab businesses in Rohnert Park.
Sami Tawasha, owner of Sam's Limo Taxi, spoke regarding the lack of a need for additional
taxicab service in Rohnert Park and expressed concerns regarding the impacts of this
application on his taxicab business.
Mayor Mackenzie closed the Public Hearing at 7:24 p.m.
3. Resolution for Adoption:
2008 -166 Finding the Public Convenience and Necessity for Mark Neese d.b.a. Yellow
Cab to Provide Taxicab Service in the City of Rohnert Park
Council Member Smith stated his intention to abstain due to lack of necessary facts to make
the required findings.
MOVED by Council Member Breeze, seconded by Vice Mayor Stafford, and CARRIED 3-
1-1 with Council Member Vidak- Martinez dissenting and Council Member Smith abstaining,
reading was waived and Resolution No. 2008 -166 was ADOPTED.
6. SPEED LIMIT ORDINANCE
Consideration of Amending Section 10.20. 10 of the Rohnert Park Municipal Code Declaring Prima
Facie Speed Limits on Rohnert Park Expressway from Snyder Lane to Petaluma Hill Road and
Results of Additional Speed Surveys on Country Club Drive
1. Deputy City Engineer Barnes reviewed the contents of the staff report via PowerPoint
presentation and responded to Council questions.
2. Public Comments: None
3. Ordinance for Introduction:
Waive Further Reading and Introduce Ordinance by Reading Title:
No. 806 Amending Section 10.20.10 of the Rohnert Park Municipal Code Declaring
Prima Facie Speed Limits
City of Rohnert Park Concurrent Meetings Minutes (5 of 10) October 14, 2008
for City CounciUCommunity Development Commission /Rohnert Park Financing Authority
MOVED by Council Member Breeze, seconded by Council Member Vidak- Martinez, and
CARRIED 5 -0, reading was waived and Ordinance No. 806 was INTRODUCED BY ROLL
CALL VOTE.
7. WILFRED/DOWDELL VILLAGE SPECIFIC PLAN
Consideration of Prezoning to the Specific Plan (SP) District a 24.77 Acre Site that Is Generally
Located on Each Side of Wilfred Avenue, East of Dowdell Avenue, and North, East and South of
the Current City Limits in the Vicinity of the Intersection of Redwood Drive and Wilfred Avenue
(APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008,
and 045- 075 -009 through 045- 075 -012)
1. Interim City Manager Schwarz reviewed the contents of the staff report.
Public Comments:
Dawna Gallagher, Rohnert Park, spoke against any further annexations due to water
constraints and existing commercial space vacancies.
Ordinance for Adoption
Waive Further Reading and Adopt Ordinance by Reading Title:
No. 803 Adopting a Statement of Overriding Considerations and Mitigation and
Monitoring Program and Prezoning Property Located on Each Side of
Wilfred Avenue, East of Dowdell Avenue, and North, East and South of the
Current City Limits in the Vicinity of the Intersection of Redwood Drive and
Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045-
075 -005, 045 - 075 -006, 045- 075 -008, and 045 - 075 -009 through 045- 075 -012) to
Specific Plan District (SP)
MOVED by Council Member Breeze seconded by Vice -Mayor Stafford and CARRIED 5 -0,
reading was waived and Ordinance No. 803 was ADOPTED BY ROLL CALL VOTE.
8. PARKING STANDARDS
Consideration of Amending Section 17.16.030.0 of the Rohnert Park Municipal Code regarding
the Parking Requirements for the Following Land Use Categories: "Hardware Store/Home
Improvement Center "; "Retail Sales Not Listed Under Another Use Classification "; and "Shopping
Center"
Interim City Manager Schwarz reviewed the contents of the staff report.
2. Public Comments: None.
3. Ordinance for Adoption:
Waive Further Reading and Adopt Ordinance by Reading Title:
No. 804 Amending Section 17.16.030.0 of the Rohnert Park Municipal Code
regarding the Parking Requirements for Specified Commercial Land Use
Categories
MOVED by Council Member Breeze seconded by Vice -Mayor Stafford, and CARRIED 5 -0,
reading was waived and Ordinance No. 804 was ADOPTED BY ROLL CALL VOTE.
City of Rohnert Park Concurrent Meetings Minutes (6 of 10) October 14, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
9. CONFLICT OF INTEREST CODE
Consideration of Repealing Chapter 2.60, Conflict of Interest, of the Rohnert Park Municipal Code
1. Interim City Manager Schwarz reviewed the contents of the staff report.
2. Public Comments: None.
3. Ordinance for Adoption:
Waive Further Reading and Adopt Ordinance by Reading Title:
No. 805 Repealing Chapter 2.60, "Conflict of Interest," of the Rohnert Park
Municipal Code
MOVED by Council Member Vidak- Martinez, seconded by Council Member Breeze, and
CARRIED 5 -0, reading was waived and Ordinance No. 805 was ADOPTED BY ROLL
CALL VOTE.
10. HUMAN RESOURCES STAFFING AND RESOURCES
Consideration of Staffing and Resource Needs for the Human Resources Department
1. Interim City Manager Schwarz and City Attorney Kenyon reviewed the contents of the staff
report and responded to Council questions. Director of Public Safety Bullard and Director of
Utilities /General Services McArthur supported the recommendation to establish and hire a
Human Resources Manager.
2. Public Comments: None.
3. Resolution for Adoption:
2008 -167 Approving a Job Description and Salary Range for Human Resources
Manager and Authorizing Recruitment for the Position
MOVED by Council Member Vidak- Martinez, seconded by Vice -Mayor Stafford, and
CARRIED 4 -1 with Council Member Breeze voting against, reading was waived and
Resolution No. 2008 -167 was ADOPTED.
11. COUNCIL PROTOCOLS
Consideration of Amending Chapter 2.08, "Council Procedural Rules," of the Rohnert Park
Municipal Code, and Adopting Council Protocols for the Conduct of Meetings, Council
Administrative Support and Related Matters
1. Interim City Manager Schwarz and City Attorney Kenyon reviewed the contents of the staff
report and responded to Council questions.
2. Public comments: None.
3. Ordinance for Introduction:
Waive Further Reading and Introduce Ordinance by Reading Title:
No. 807 Amending Chapter 2.08, "Council Procedural Rules" of the Rohnert Park
Municipal Code
City of Rohnert Park Concurrent Meetings Minutes (7 of 10) October 14, 2008
_for City Council/Community Development Commission/Rohnert Park Financing Authority
MOVED by Council Member Vidak- Martinez, seconded by Council Member Smith, and
CARRIED 5 -0, reading was waived and Ordinance No. 807 was INTRODUCED BY ROLL
CALL VOTE.
4. Resolution for Adoption:
2008 -168 Adopting City Council Protocols
Following Council discussion regarding the ability to use a PDA or other electronic device to
access Council calendars, Council CONCURRED to amend section III(C)(2), Use of
Electronic Devices, to read as follows: "While the Council is in session, Council members
will refrain from using handheld electronic devices such as computers, cell phones, pagers,
PDAs and other electronic devices that ean be u for the purposes of sending or receiving
external communication. Council members are permitted to use laptop computers to access
electronic agenda packets while in session."
Council further CONCURRED to defer consideration of Resolution No. 2008 -168 to its
meeting of October 28, 2008, and REQUESTED, if feasible, that said resolution include
enumeration of any existing resolutions and ordinances that conflict with the draft City
Council Protocols.
12. COUNCIL COMMITTEE AND /OR OTHER REPORTS
Council members provided reports regarding attendance at meetings and events as indicated below:
1. Sonoma County Agricultural Preservation and Open Space District Advisory Committee, 9/25:
Council Member Smith.
2. Sonoma County Mayors' and Councilmembers' Association Legislative Committee, 10/3:
Council Member Smith.
3. Sonoma County Transportation Authority meeting, 10/6: Mayor Mackenzie.
4. City Hall Community Celebration & Ribbon Cutting Event, 10 /11: All Council members
attended.
Mayor Mackenzie REQUESTED that a letter of appreciation be sent to all key City staff
involved in this event.
5. Other informational reports:
Councilmember Smith: Reported attendance at Rancho Cotate High School Homecoming
Parade; Agilent Technologies Solar Dedication.
Council Member Breeze: None.
Council Member Vidak- Martinez: Reported attendance at 2008 Going Green Conference, 10/9;
Santa Rosa Mayor's Gang Prevention Task Force meeting, 10/8; Rancho Cotate High School
Homecoming Parade; meeting with representatives of Redwood Empire Food Bank and St.
Joseph Health System regarding community gardens, 10/14; and called attention to newly
painted transit bus stop benches along Adrian Drive.
City of Rohnert Park Concurrent Meetings Minutes (8 of 10) October 14, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
Vice -Mayor Stafford: Reported attendance at Rancho Cotate High School Homecoming
Parade; Chamber of Commerce Noon Times; Casino Night for Project Graduation; meeting
with the new Director of the Chamber of Commerce.
Mayor Mackenzie: Announced availability of a ticket to the Moving Forward Conference on
10/17 and reported attendance at meeting regarding Russian River Biological Opinion (10 /1);
meeting regarding Sonoma County's Climate Action Plan; charrette a t Sonoma Mountain
Village regarding Sonoma State University's Lifelong Learning and Living.
13. COMMUNICATIONS
Council Member Smith called attention to a letter regarding the award of grant funds from the
Department of Alcoholic Beverage Control and an e-mail from Interim City Manager Schwarz
regarding the Fitch Ratings for City bonds.
Vice -Mayor Stafford reported on a phone conversation with Mike Smith, Vice Mayor of Dixon,
regarding sewer rate ballot measures in Dixon and Rohnert Park.
14. MATTERS FROM/FOR COUNCIL
1. Calendar of Events
2. City Council Agenda Forecast
3. Sonoma County Mayors' & Councilmembers' Association - Consideration of letter(s) of
interest for the following vacancy to be considered at the Board of Directors meeting on
October 16, 2008:
Association of Bay Area Governments (ABAG) Regional Planning Term expires 9/2009
Committee (2 -year term)
• Council discussion /action
Council CONCURRED to support the appointment of Veronica Jacobi to the ABAG Regional
Planning Committee. Council further CONCURRED with Mayor Mackenzie's intention to
support AB 811 assessment districts for energy efficiency improvements at the October 16th
Board of Directors meeting.
4. Other informational items, if any
15. CITY MANAGER'S /CITY ATTORNEY'S REPORTS
1. Other informational items
Interim City Manager Schwarz reported on (1) staff's ongoing monitoring of the City
revenues and expenditures and the State budget; (2) upcoming presentations by deferred
compensation providers regarding employee benefit portfolios; and (3) the upcoming move to
the new City Hall on October 24th and 27th. Council CONCURRED to hold its first meeting
in the new City Hall on Monday, November 10th.
16. PUBLIC COMMENTS
None.
City of Rohnert Park Concurrent Meetings Minutes (9 of 10) October 14, 2008
for City Council/Community Development Commission/Rohnert Park Financing Authority
ADJOURNMENT
There being no further business, Mayor Mackenzie adjourned the City Council meeting at 9:15 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, October 14, 2008
Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA
CALL TO ORDER
The Regular Meeting of the Community Development Commission of the City of Rohnert Park was
called to order by Chair Mackenzie at 9:15 p.m.
ROLL CALL
Present: Jake Mackenzie, Chair
Pam Stafford, Vice -Chair
Arnie Breeze, Commissioner
Tim Smith, Commissioner
Vicki Vidak- Martinez, Commissioner
Staff present: Daniel Schwarz, Interim Executive Director; James Atencio, Assistant General Counsel;
Terri Griffin, Deputy Secretary; and Linda Beltz, Videographer.
1. PUBLIC COMMENTS
None.
2. CDC CONSENT CALENDAR
1. Approval of Meeting Minutes for:
• CDC Portion of Special Joint Meeting — September 23, 2008
• CDC Portion of Regular Concurrent Meetings — September 23, 2008
2. Approval of CDC Bills/Demands for Payment: Check Numbers 5095 — 5108 dated September
23 — October 8, 2008, in the amount of $77,359.03.
MOVED by Commissioner Vidak- Martinez seconded by Vice -Chair Stafford, 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 9:15 p.m.
City of Rohnert Park Concurrent Meetings Minutes (10 of 10) October 14, 2008
for City Council/Community Development Commission /Rohnert Park Financing Authority
ROHNERT PARK FINANCING AUTHORITY (RPFA)
AGENDA
Tuesday, October 14, 2008
Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA
CALL TO ORDER
The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chair Mackenzie at
9:15 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: Daniel Schwarz, Interim Executive Director; James Atencio, Assistant General Counsel;
Terri Griffin, Deputy Secretary; and Linda Beltz, Videographer.
1. PUBLIC COMMENTS
None.
2. RPFA CONSENT CALENDAR
1. Approval of Minutes for:
• RPFA Portion of Regular Concurrent Meetings — September 23, 2008
MOVED by Board Member Vidak- Martinez; seconded by Vice -Chair Stafford, and CARRIED 5-
0, reading was waived, and the RPFA Consent Calendar was APPROVED.
ADJOURNMENT
There being no further business, Chairperson Mackenzie adjourned the meeting of the RPFA at 9:16 p.m.
Terri Griff
Deputy City 1
City of Rohne ark
Pam S&Word
Mayor Pro Tempore
City of Rohnert Park