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2008/11/25 City Council MinutesCity of Rohnert Park* 130 Avram Avenue* Rohnert Park, California 94928 Phone: (707) 588 -2227 ♦ FAX: (707) 588 2274 ♦ WEB: www.rpcity.orLy MINUTES OF THE JOINT MEETING OF THE CITY OF ROHNERT PARK City Council Community Development Commission M. 111 THE REGULAR CONCURRENT MEETINGS OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Tuesday November 25, 2008 The City Council of the City of Rohnert Park and the Community Development Commission of the City of Rohnert Park met this date for a Joint Meeting, to commence at 6:00 p.m., followed by the Regular Concurrent Meetings of the Rohnert Park City Council and Rohnert Park Financing Authority at the Rohnert Park City Hall, 130 Avram Avenue, .Rohnert Park, with Mayor Mackenzie presiding. CALL TO ORDER The Joint Meeting of the Rohnert Park City Council and the Community Development Commission of the City of Rohnert Park was called to order by Mayor Mackenzie at 6:00 p.m. ROLL CALL Present: Jake Mackenzie, Mayor /Chair Amie Breeze, Council Member /Commissioner Tim Smith, Council Member /Commissioner Vicki Vidak- Martinez, Council Member /Commissioner Absent: Pam Stafford, Vice - Mayor /Vice -Chair Staff present for all or part of the Joint Meeting: Daniel Schwarz, Interim City Manager /Interim Executive Director; Michelle Marchetta Kenyon, City Attorney /General Counsel; Brian Masterson, Director of Public Safety; Jack Rosevear, Fire Captain; Dan Adam, Fire Marshal; Linda Babonis, Housing and Redevelopment Manager; Brian Goodman, Housing and Redevelopment Assistant; Darrin Jenkins, Director of Engineering Services; Patrick Barnes, Deputy City Engineer; Johnny Chung, Project Manager; John McArthur, Director of Utilities /General Services; Ron Bendorff, Director of Community Development; Maureen Rich, Senior Planner; Guy Miller, Recreation Services Manager; Maya van den Heuvel, Recreation Supervisor; David Rowley, Information Systems Operations Manager; Terri Griffin, Deputy City Clerk/Deputy Secretary; Linda Beltz, Videographer. Note: Community Media Center staff in attendance for the televised production of the joint meeting: Patricia Wilburn, Government Services Manager; Jim Regan, Playback and Engineering Manager; and Vanessa Vann, Intern. City of Rohnert Park Joint and Concurrent Meetings Minutes (2 of 9) November 25, 2008 ,for City Council/Community Development Commission /Rohnert Park Financing uthority PLEDGE OF ALLEGIANCE Mayor Mackenzie led the Pledge of Allegiance. Mayor Mackenzie announced that the Sonoma County Registrar of Voters had placed updated election results on its website. At the request of Mayor Mackenzie, the Council CONCURRED to receive the City Attorney's report at this time. 13. CITY ATTORNEY'S REPORT City Attorney Kenyon announced that the Court of Appeal reached a precedent- setting decision in favor of the City of Rohnert Park, confirming that (1) the City has discretion to determine how it complies with SB 610 regarding water sufficiency; and (2) the City Council acted within its discretion in adopting its final Water Supply Assessment. City Attorney Kenyon responded to Council questions regarding potential appeal and the Court of Appeal's award of costs to the City. 1. PUBLIC COMMENTS Joe Callinan, Rohnert Park, requested that the Council hold its regular meeting on December 91h John Borba, Rohnert Park, requested that the Council not cancel its December meetings. Kevin Pohlson, congratulated the Council on the Court of Appeal decision regarding the City's Water Supply Assessment. 2. CHAMBER OF COMMERCE QUARTERLY REPORT Roy Gugliotta, Executive Director of the Rohnert Park Chamber of Commerce reported on the Chamber of Commerce's strategies directed toward economic growth. 3. PRESENTATIONS/PROCLAMATIONS 1. Interim City Manager Schwarz introduced new Director of Public Safety, Brian Masterson. Mr. Masterson made brief remarks and introduced his wife, Sharon, and daughter, Kelly Ann. On behalf of the City Council, Mayor Mackenzie welcomed Brian Masterson and his family to Rohnert Park. 2. Ann Hancock, Executive Director of the Climate Protection Campaign, and Renata Brillinger, Project Manager, provided a PowerPoint presentation regarding implementation of the Sonoma County Climate Action Plan. 3. Linda Beltz, Videographer for the City of Rohnert Park, presented a video she produced, highlighting the ribbon - cutting event for the New City Hall. She presented each Council Member with a DVD copy of the video presentation. City of Rohnert Park Joint and Concurrent Meetings Minutes Q of 9) November 25, 2008 _ for City Council /Community Development Commission / Rohnert Park Financing Authority 4. CITY COUNCIL CONSENT CALENDAR 2. Approval of City Bills /Demands for Payment: Check numbers 182062 - 182377 dated November 12 -19, 2008, in the total amount of $2,783,035.69. 3. Resolutions for Adoption: 2008 -179 Approving Parcel Map No. 179 Subdivision, APN 143 - 051 -056, 6265 & 6285 Commerce Blvd, Sonoma Gateway 2008 -180 Honoring and Thanking William (Bill) J. Place on the Occasion of His Retirement for 14 Years of Dedicated Service in the City's Department of Public Works 2008 -182 Authorizing Amendment Number One to the Memorandum of Agreement with the City of Rohnert Park and the Rohnert Park Public Safety Officers' Association 2008 -183 Authorizing and Approving a Settlement Agreement with Rohnert Park Disposal, Inc. Council Member Smith signified removal of Resolution No. 2008 -181 for discussion. Council Member Vidak Martinez signified removal of Item the November 10, 2008, Minutes of the Special Joint Meeting/Work Session and of the City Council portion of the Special Concurrent Meetings. MOVED by Council Member Smith, seconded by Council Member Vidak- Martinez, and CARRIED 4 -0 -1 with Vice -Mayor Stafford absent, reading was waived and the Consent Calendar was APPROVED with the exception of Resolution No. 2008 -181 and the November 10, 2008, Minutes of the Special Joint Meeting/Work Session and of the City Council portion of the Special Concurrent Meetings. Items for Consideration 1. . Approval of Minutes for: • Special Joint Meeting/Work Session — November 10, 2008 • City Council Portion of Special Concurrent Meetings — November 10, 2008 Council Member Vidak - Martinez stated she would abstain on the approval of the. November 10, 2008, Minutes because she was not in attendance. MOVED by Council Member Smith, seconded by Council Member Breeze, and CARRIED 3- 0-1-1 with Vice -Mayor Stafford absent and Council Member Vidak- Martinez abstaining, reading was waived and the November 10, 2008, Minutes of the Special Joint Meeting/Work Session and the City Council portion of the Special Concurrent Meetings were APPROVED. 3. Resolution for Adoption: 2008 -181 Authorizing a Transfer of Funds from the Capital Replacement Reserves to the Recreation Department Budget for Costs Associated with the Conversion from Chlorine Gas to Sodium Hypochlorite at Honeybee Pool Council Member Smith commended Director of Utilities /General Services McArthur for bringing the item forward so quickly. City of Rohnert Park Joint and Concurrent Meetings Minutes (4 of 9) November 25, 2008 _ for City Council /Community Development Commission /Rohnert Park Financing Authority MOVED by Council Member Smith, seconded by Council Member Vidak- Martinez, and CARRIED 4 -0 -1 with Vice .Mayor Stafford absent, reading was waived and Resolution No. 2008 -181 was ADOPTED. 5. CDC CONSENT CALENDAR 1. Approval of Meeting Minutes for: • CDC Portion of Special Concurrent Meetings — November 10, 2008 2. Approval of CDC Bills /Demands for Payment: Check numbers 5125 -5134 dated November 12 -19, 2008, in the total amount of $41,633.23. Council Member Breeze signified removal of Resolution No. 2008 -15 for discussion MOVED by Commissioner Smith, seconded by Commissioner Vidak- Martinez, and CARRIED 4- 0-1, with Vice -Mayor Stafford absent, reading was waived and the CDC Consent Calendar was APPROVED with the exception of Resolution No. 2008 -15. Item for Consideration 3. Resolution for Adoption 2008 -15 Approving Amendment Number One to the Agreement for Services between the Community Development Commission of the City of Rohnert Park and Glass Architects for Professional Services for the Fire Station No. 1 Expansion Project Council Member Breeze expressed concerns regarding the item's consideration prior to consideration of Item No. 6 and indicated that she was not in favor of moving forward with this project. MOVED by Council Member Vidak- Martinez, seconded by Council Member Smith, and CARRIED 3 -1 -1 with Council Member Breeze dissenting and Vice -Mayor Stafford absent, reading was waived and Resolution No. 2008 -15 was ADOPTED. 6. FIRE STATION NO. 1 EXPANSION PROJECT 1. Consideration of Approving the Fire Station No. l Expansion Project as Shown on the Updated Design Drawings and Directing Staff to Proceed with Development of the Revised Project a. Commander Rosevear reviewed the contents of the staff report. Interim City Manager Schwarz, Director of Engineering Services Jenkins, and Fire Marshal Adam responded to Council questions. b. Public Comments: Joe Callinan, Council Member Elect, recommended that the item be postponed until the new City Council is seated and expressed concerns regarding the project's funding and cost. City of Rohnert Park Joint and Concurrent Meetings Minutes (5 of 9) November 25, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority Gina Belforte, Council Member Elect, expressed concerns regarding the project's cost and recommended that this item be postponed until the first quarter of 2009. c. MOVED by Mayor Mackenzie and seconded by Council Member Breeze to table the project until the new Council is seated and to direct staff to bring the item back for consideration at the earliest opportunity. The motion failed due to a tie vote, with Council Members Smith and Vidak - Martinez dissenting and Vice -Mayor Stafford absent. 2. Consideration of Approving the Financing of Public Improvements Using Tax Increment Funds and the Execution of a Reimbursement Agreement by and between the City of Rohnert Park and the Community Development Commission Due to no action taken by the City Council on Item No. 6(1), the Public Hearing noticed for Item 6(2) was not held and the item was not considered by the City Council or the CDC. ADJOURNMENT There being no further business, Mayor Mackenzie adjourned the Joint Meeting of the Rohnert Park City Council and the Community Development Commission of the City of Rohnert Park at 8:12 p.m. to consecutively and separately convene the regular meetings of the Rohnert Park City Council and the Rohnert Park Financing Authority. CALL TO ORDER The Regular Meeting of the City Council of the City of Rohnert Park was called to order by Mayor Mackenzie at 8:12 p.m. All members were present except Vice -Mayor Stafford. 7. CALLINAN SPORTS & FITNESS CENTER USE FEES Consideration of Approving Adjustments in Membership and Facility Rental Fees for the Callinan Sports & Fitness Center 1. Recreation Services Manager Miller reviewed the contents of the staff report and responded to Council questions. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 749 8:19' p.m. With no members of the public wishing to speak, Mayor Mackenzie closed the Public Hearing at 749 8:19' p.m. 3. Resolution for Adoption: 2008 -185 Approving Adjustments in Membership and Facility Rental Fees for the Callinan Sports & Fitness Center MOVED by Council Member Breeze, seconded by Council Member Smith, and CARRIED 4- 0-1, with Vice -Mayor Stafford absent, reading was waived and Resolution No. 2008 -185 was ADOPTED. AMENDMENT made by Mayor Breeze at the December 16, 2008, City Council meeting.. (Additions underlined / deletions stricken.) City of Rohnert Park Joint and Concurrent Meetings Minutes (6 of 9) November 25, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority S. MORATORIUM ON PRIVATE SMOKERS' LOUNGES AND TOBACCO SHOPS Consideration of a 10 Month and 15 Day Extension on the Previously Imposed 45 -day Moratorium on Private Smokers' Lounges and Tobacco Shops to Permit Study and Proposal of Possible Amendments to the Rohnert Park Municipal Code related to the Regulation of Private Smokers' Lounges and Tobacco Shops 1. Senior Planner Rich reviewed the contents of the staff report and responded to Council questions. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 8:22 p.m. With no member of the public wishing to speak, Mayor Mackenzie closed the Public Hearing at 8:22 p.m. 3. Urgency Ordinance for Introduction and Adoption by a 4 /5ths Vote Waive Further Reading and Introduce and Adopt Urgency Ordinance by Reading Title: No. 809 Adopting a 10 Month, 15 Day Extension of Tie on the Previously Adopted Moratorium on Private Smokers' Lounges and Tobacco Shops MOVED by Council Member Vidak- Martinez, seconded by Council Member Breeze, and CARRIED 4 -0 -1, with Vice -Mayor Stafford absent„ reading was waived and Ordinance No. 809 was INTRODUCED AND ADOPTED BY A ROLL CALL VOTE. 9. AHWAHNEE PRINCIPLES FOR CLIMATE CHANGE Consideration of Endorsing the Ahwahnee Principles for Climate Change and Encouraging Use of the Principles 1. Mayor Mackenzie provided background information regarding the Ahwahnee Principles for Climate Change and responded to Council questions. 2. Public Comments: Dawna Gallagher, Rohnert Park, spoke in favor of the principles and encouraged Council to take follow -up actions. 3. Resolution for Adoption: 2008 -186 Endorsing the Ahwahnee Principles for Climate Change and Encouraging Use of the Principles MOVED by Council Member Vidak - Martinez, seconded by Council Member Smith, and CARRIED 3 -1 -1, with Council Member Breeze dissenting and Vice -Mayor Stafford absent, reading was waived and Resolution No. 2008 -186 was ADOPTED. 10. COUNCIL COMMITTEE AND /OR OTHER REPORTS Council members provided reports regarding attendance at meetings and events as indicated below: 1. Sonoma County Waste Management Agency meeting, 11/19: Council Member Smith. City of Rohnert Park Joint and Concurrent Meetings Minutes (7 of 9) November 25, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 2. Sonoma County Agricultural Preservation & Open Space District Advisory Committee meeting, 11/20: Council Member Smith. 3. Other informational reports: Councilmember Smith: Celebrate Safe School Ambassadors, 11/13; California Outlook 2009: Preparing for Recovery, 11/14; Vida Nueva Dedication Ceremony, 11/19; Retirement Dinner for Chet Wystepek, Healdsburg City Manager; Veteran's Day Service, 11 /11; COTS Fundraising Breakfast; Retirement Party for Supervisor Tim Smith Council CONCURRED to direct staff to prepare a Proclamation honoring Sonoma County Supervisor Tim Smith. Council Member Breeze: Retirement Party for Supervisor Tim Smith; meeting with Lloyd Goto regarding Wilfred /Dowdell Village South Project. Council Member Vidak- Martinez: Vida Nueva Dedication Ceremony, 11/19; C -CORP meeting. Vice -Mayor Stafford: Vida Nueva Dedication Ceremony, 11/19. Mayor Mackenzie: Veteran's Day Service, 11/11; announced Metropolitan Transportation Commission meeting regarding Doyle Drive funding on 11/26 . 11. COMMUNICATIONS Council Member Smith called attention to a letter from the Marin- Sonoma Mosquito Vector Control Service regarding expiration of Paul Libeau's term. Mayor Mackenzie requested that Mr. Libeau's re- appointment be scheduled for action on a future Council agenda. Council Member Breeze called attention to a November 20' article in The Press Democrat regarding consideration of budget cuts by the Santa Rosa City Council. Mayor Mackenzie called attention to a letter from Congresswoman Lynne Woolsey's office regarding a meeting at the Sonoma County Administration Center on December 5, 2008, at 10:00 a.m., regarding President -Elect Obama's Economic Stimulus Proposal. Mayor Mackenzie indicated that he, Vice -Mayor Stafford and Council Member Elect Belforte attended a Public Safety meeting at the Senior Center regarding safety concerns at privately - owned properties. 12. MATTERS FROMIFOR COUNCIL 1. Consideration of the Scheduling and Potential Cancellation of December City Council Meetings City Attorney Kenyon summarized the Elections Code provisions which govern the County's canvass of returns and the City's certification of the election results and recommended that the Council reorganize at either the December 9"' regular meeting or at a special meeting scheduled prior to December 9"'. City of Rohnert Park Joint and Concurrent Meetings Minutes (8 of 9) November 25, 2008 for City Council/Community Development Commission / Rohnert Park Financing Authority MOVED by Council Member Smith and seconded by Council Member Vidak- Martinez to reschedule the December 9"' reorganization meeting to Tuesday, December 16"'. Public Comments: Joe Callinan, Council Member Elect, spoke in favor of rescheduling the Council reorganization for the week of December 2 °a Gina Belforte, Council Member Elect, spoke in favor of rescheduling the Council reorganization meeting on December 5"' or 4t". Following Council discussion and public comments by Council Members Elect, Council CONCURRED to (1) schedule a special meeting for the reorganization of the City Council on Thursday, December 4t", at 6:00 p.m.; (2) hold its regularly scheduled meeting on Tuesday, December 91h, for the purpose of considering routine business items; and (3) consider cancellation of the December 23`a meeting on December 91h. 2. Schedule of Events and Meetings: Document provided for informational purposes. 3. City Council Agenda Forecast: Document provided for informational purposes. 4. Other informational items: None. 13. CITY MANAGER'S /CITY ATTORNEY'S REPORTS 1. Other informational items: Interim City Manager Schwarz made the following reports: a. Interim City Manager Schwarz will hold discussions with executive staff in Santa Rosa and Petaluma regarding proposed budget cuts in those cities. An update regarding the City's budget will come before the Council in January or February. b. Dave Rowley, Information Systems Operations Manager, was commended for his tireless work on the new audio - visual equipment in the Council Chamber. c. Staff has begun work on an art program for the new City Hall, which will be brought forward for the Council's consideration in February. d. The City Hall holiday schedule will include closure of City Hall on Friday, December 26"', and Friday, January, 2 "a. City Hall will be open and minimal services will be provided the other three days during the holiday weeks. 14. PUBLIC COMMENTS Dawna Gallagher, commended Sonoma County for its follow -up procedures with respect to assaults on seniors. ADJOURNMENT There being no further business, Mayor Mackenzie adjourned the City Council regular meeting at 9:22 p.m. City of Rohnert Park Joint and Concurrent Meetings Minutes (9 of 9) November 25, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority ROHNERT PARK FINANCING AUTHORITY (RPFA) AGENDA Tuesday, November 25, 2008 Meeting Location: City Hall, Council Chamber, 130 Avram Avenue, Rohnert Park, CA CALL TO ORDER The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chair Mackenzie at 9:23 p.m. ROLL CALL Present: Jake Mackenzie, Chair Amie Breeze, Board Member Tim Smith, Board Member Vicki Vidak- Martinez, Board Member Absent: Pam Stafford, Vice -Chair 1. PUBLIC COMMENTS None. 2. RPFA CONSENT CALENDAR 1. Approval of Minutes for: • RPFA Portion of Special Concurrent Meetings — November 10, 2008 MOVED by Board Member Vidak- Martinez, seconded by Board Member Breeze, and CARRIED 4 -0 -1, with Vice -Chair Stafford absent, reading was waived, and the RPFA Consent Calendar was APPROVED. ADJOURNMENT There being no further business, Chair Mackenzie adjourned the meeting of the RPFA at 9:23 p.m. Terri riffi Amie Br e Deputy City a Mayor City of Rohnert Park City of Rohnert Park