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2009/08/25 City Council MinutesMINUTES OF THE ROHNERT PARK CITY COUNCIL Community Development Commission Rohnert Park Financing Authority CONCURRENT MEETINGS Tuesday, August 25, 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, scheduled to commence at 6:00 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 7:15 p.m. Mayor Breeze extended apologies to the audience for the City Council special meeting /closed session held prior to this meeting taking longer than anticipated. ROLL CALL Present: Amie Breeze, Mayor Gina Belforte, Vice Mayor Jake Mackenzie, Council Member Pam Stafford, Council Member Absent: Joseph T. Callinan, Council Member (excused) Staff participating in all or part of this session: Daniel Schwarz, Interim City Manager; Benjamin Winig, Assistant City Attorney; Ron Bendorff, Director of Community Development; and Judy Hauff, City Clerk. Community Media Center staff present for the recording and televised production of this meeting: Josh. Jacobsen and Vanessa Vann, Video Technicians. PLEDGE OF ALLEGIANCE Mayor Breeze invited the audience to join the City Council in the Pledge of Allegiance. 1. MAYOR'S PRESENTATION: Mayor Breeze read aloud and presented a plaque and resolution to Kathy Vander Vennet, Youth & Family Services Specialist, on the occasion of her retirement recognizing and honoring her twenty -two years of service to the City. Ms. Vander Vennet expressed appreciation for this recognition and indicated it's been her honor and privilege working with the Council and the City on this program. She hoped there would be an opportunity in the future to bring back Youth and Family Services because of its value to the community. Minutes of the City of Rohnert Park CONCURRENT MEETINGS (2 of 11) August 25, 2009 _for City Council /Community Development Commission / Rohnert Park Financing Authority 2. SSU STUDENT REPORT • Sonoma State University Associated Students, Inc. Student Report by Jesse Schwartz, SSU ASI Legislative Representative Mayor Breeze advised a message was received earlier this evening from SSU Student Representative Jesse Schwartz indicating he had to leave for another 7:00 p.m. appointment. Mayor Breeze shared contents of the notes he provided for his report which included: 1) first day of classes for the fall semester is tomorrow; 2) ASI Senate met today for the first time this semester; and 3) he looked forward to reporting on the progress of SSU Student Representatives towards addressing the issue of limited class section availability. 3. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS 1. Fire Incidents Report Lieutenant John Marty reported on recent fire incidents in the community. He referred to press releases previously provided and commented on aspects of the fire incidents including directly attributing the action of two of our Public Safety Officers responding to the call in a timely manner to saving a woman's life. His comments included noting that five families were affected and displaced by one of the apartment complex fires of which two were helped by the Red Cross. 2. Interim City Manager Contract Amendment Interim City Manager Schwarz shared contents of his memorandum distributed at the dais regarding Interim City Manager Contract Amendment which included: acknowledging tonight's Council meeting as the first since the resignation of Steve Donley as City Manager; reviewing aspects on the magnitude of the budget challenges over the past 11 months including progress on steps taken to cure the structural deficit and currently evaluating opportunities to increase revenues while seeking to further cut expenditures; and concluding with his desire to reduce his compensation by 7% by contributing now in accordance with the preliminary Fiscal Year 2009 -10 General Fund Budget the City Council adopted on June 30, 2009, by making payments toward his pension effective September 1, 2009, in the manner assumed by the preliminary budget for a concession on the part of all employees equivalent to paying their annual share, as determined by CalPERS, of their pension cost. Mr. Schwarz indicated he will ask the City Attorney to prepare an amendment to his contract implementing this change. 4. PUBLIC COMMENTS Mayor Breeze invited members of the public to come forward to speak at 7:37 p.m. 1. Chip Worthington shared comments commending free weekend swim at B Pool and asking if this Council has taken any action on Jared Huffman's Bill ACR 56 pertaining to restrictions on use of newly acquired tribe lands for casinos. He expressed concerns questioning the presence of Rohnert Park's Chief of Police in Sacramento today for reasons related to this bill. Minutes of the City of Rohnert Park CONCURRENT MEETINGS (3 of 11) August 25, 2009 for City Council /Community Development Commission / Rohnert Park Financing Authority Interim City Manager Schwarz responded to Mayor Breeze's request for him to comment on this matter which included confirming that he asked the Chief to go to Sacramento today in response to an appropriate request of the Federated Indians of Graton Rancheria, to provide information on the tribe's contributions to the City. There was not time to provide a written response on this request which was consistent with the City's agreement with the tribe. 2. Larry Resnick requested the comments noted on his speaker card to be read into the minutes. Mayor Breeze read aloud the written comments of Larry Resnick as follows: "In the case of Big Horn Desert Water Agency vs. Virgil, 2006 39 Cal 4th, the Calif. Supreme Court ruled that after an initiative, sewer rates cannot be raised without a vote, Calif. Elections Code. Sec. 9217 ". 3. Doreene Hanks noted she has been a resident of Rohnert Park for thirty -five years and questioned why the numerous empty city -owned buildings haven't been utilized as useful places to provide in various ways for the indigent and homeless :people, such as providing meals, medical care, shelters and /or an information center. Interim City Manager Schwarz responded to Mayor Breeze's request for him to comment on this matter that the City has a lot of partnerships with community groups working for the benefit of various challenged citizens, such as the Vida Nueva affordable housing project and the long standing relationship with Community on the Shelterless (COTS) operating several homes for transitional housing. The City Council has put a lot of effort into helping society. Mayor Breeze shared that the abanden€d' fire house has been provided by the City for a food bank with volunteer efforts. 5. CONSENT CALENDAR Council Member Stafford pulled Resolution Nos. 2009 -83 and 2009 -84 for recognition of honoring retiring employees. Vice Mayor Belforte pulled the City Council regular concurrent meeting minutes of August 11, 2009 and the bills. Mayor Breeze pulled Resolution Nos. 2009 -86 and 2009 -87. 1. Approval of Minutes for: a. City Council Special Meeting —August 11, 2009 3. Resolutions for Adoption: 2009 -85 Rejecting the Tort Claim of Kira Thompson and Joshua James Eckert (re: alleged police action) 4. Approval of Amended Bylaws for the Rohnert Park Sister City Relations Committee MOVED by Council Member Stafford, seconded by Council Member Mackenzie, and CARRIED 4 - 0 — 1 with Council Member Callinan absent, reading was waived and the AMENDMENT made by Council Member Stafford at the September 8, 2009, City Council meeting. (Additions underlined / deletions stricken.) Minutes of the City of Rohnert Park CONCURRENT MEETINGS (4 of 11) August 25, 2009 -for City Council/Community Development Commission / Rohnert Park Financing Authority Consent Calendar was APPROVED with the exception of the August 11, 2009 Regular Concurrent Meeting Minutes, the City bills /demands for payment, and Resolution Nos. 2009 -83, 84, 86 and 87. Items for consideration: 1. Approval of Minutes for: b. City Council Portion of Regular Concurrent Meetings — August 11, 2009 Vice Mayor Belforte referred to the bottom of .page 2 of these minutes and indicated that the last name of the Rancho Cotate High School Vice President is misspelled and the correct spelling is "Pogojeff'. MOTION by Council Member Stafford, seconded by Vice Mayor Belforte, and CARRIED 4 — 0 —1 with Council Member Callinan absent, the August 11, 2009 City Council Regular Concurrent Meeting Minutes were APPROVED as corrected above. 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 Vice Mayor Belforte, and CARRIED 4 — 0 —1 with Council Member Callinan absent, the August 25, 2009 City Bills /Demands for Payment were APPROVED as presented. 3. Resolutions for Adoption: Mayor Breeze noted that Council Member Stafford pulled the following two resolutions for recognition on behalf of the full City Council honoring Maureen Rich, Senior Planner, and Mary McDougall, Managing Director of the Performing Arts Center, on the occasion of their retirements. She shared contents of the resolutions commending their valuable efforts serving our community. 2009 -83 Honoring Maureen G. Rich, Senior Planner, on the Occasion of Her Retirement MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED 4 — 0 — 1 with Council Member Callinan absent, Resolution No. 2009 -83 was ADOPTED. 2009 -84 Honoring Mary McDougall, Managing Director /Performing Arts Center, on the Occasion of Her Retirement MOVED by Vice Mayor. Belforte, seconded by Council Member Stafford, and CARRIED 4 — 0 — 1 with Council Member Callinan absent, Resolution No. 2009 -84 was ADOPTED. 2009 -86 Authorizing and Approving Agreement with The Reed Group, Inc. for Water and Wastewater Service Charge Analysis Minutes of the City of Rohnert Park CONCURRENT MEETINGS (5 of 11) August 25, 2009 . for City Council /Community Development Commission /Rohnert Park Financing Authority Interim City Manager Schwarz responded to Council questions pertaining to the unique attributes of The Reed Group for this analysis. MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED 4 — 0 — 1 with Council Member Callinan absent, reading was waived and Resolution No. 2009 -86 was ADOPTED. Council Member Mackenzie commented during discussion of the above motion that he would be reporting later tonight on this item in his report on the recent meeting of the Sonoma County Water Agency, noting that it was absolutely essential that this work move ahead as quickly as possible. 2009 -87 Approving Job Description and Salary Range for Technical Services Division Manager Interim City Manager Schwarz responded to Mayor Breeze's questions on this item which included aspects of the interim assignment effectively receiving pay comparable to this and the position reaching a point of need to make a decision. Mayor Breeze's comments included noting that her concerns on this item in no way is a reflection on the individual holding the position but is about upgrading a position in this day and age and the need for Council to take responsibility for these positions we are bringing forward. She expressed concern about being able to say this is the best move in this day when employees are being asked to do more for less. MOVED by Council Member Stafford, seconded by Council Member Mackenzie, and CARRIED 3 — 1 — 1 with Mayor Breeze dissenting and Council Member Callinan absent, reading was waived and Resolution No. 2009 -87 was ADPOPTED. With agreement signified by Council, as a courtesy to representatives present in the audience, Mayor Breeze moved Item No. 11.5 forward on the agenda at 8:20 p.m. for handling at this time regarding FOOD WASTE PILOT PROGRAM. 11. MATTER FOR COUNCIL: 5. Food Waste Pilot Program — Consideration of participation in a Food Waste Pilot Program expanding recycling services of North Bay Corporation Mayor Breeze reviewed the letter from North Bay Corporation requesting Council's consideration of participating in this program and invited the representative to comment. Steve McCaffrey, Director of Government Affairs of Rohnert Park Disposal, commented further on contents of his above - referenced letter confirming coordination efforts with Sonoma Compost Company, the Sonoma County Waste Management Agency (SCWMA) and the Local Enforcement Agency (LEA) on the possibility of expanding their recycling services, and responded to Council questions. Minutes of the City of Rohnert Park CONCURRENT MEETINGS (6 of 11) August 25, 2009 for City Council /Community Development Commission /Rohnert Park Financing Authority • Council discussion /direction /action Council discussion indicated interest in participating in this program and concluded in COUNCIL CONCURRENCE to refer this matter to staff to check into it further. RECESSED: Mayor Breeze recessed the City Council meeting at 8:28 p.m. to convene the Community Development Commission meeting. MINUTES FOR THE'MEETING OF THE COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF ROHNERT PARK Tuesday, August 25, 2009 Meeting Location: City Hall, 130 Avram Avenue, 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 Breeze at 8:28 p.m. Roll Call Present: Arnie Breeze, Chair Gina Belforte, Vice Chair Jake Mackenzie, Commissioner Pam Stafford, Commissioner Absent: Joseph T. Callinan, Commissioner (excused) Staff participation: Daniel Schwarz, Interim Executive Director; Benjamin Winig, Assistant General Counsel; Linda Babonis, Housing and Redevelopment Manager; and Judy Hauff, Secretary /City Clerk. Community Media Center staff present for the recording and televised production of this meeting: Josh Jacobsen and Vanessa Vann, Video Technicians. 1. PUBLIC COMMENTS Chair Breeze invited members of the public to come forward to speak at 8:29 p.m. Michael Newell, Executive Director of Sonoma Mountain Business Cluster, signified as an independent 501 -C -3 non - profit organization, and shared their objectives to create over 2,000 jobs over the next 10 years in Rohnert Park. He referred to yesterday's Business Journal publication with a 16 page insert on their efforts. Chair Breeze closed public comments at 8:32 p.m. 2. CDC CONSENT CALENDAR 1. Approval of Meeting Minutes for: a. CDC Portion of Regular Concurrent Meetings —August 11, 2009 2. Approval of CDC Bills /Demands for Payment Minutes of the City of Rohnert Park CONCURRENT MEETINGS (7 of 11) August 25, 2009 for City Council /Community Development Commission / Rohnert Park Financing Authority MOVED by Vice Chair Belforte, seconded by Commissioner Stafford, and CARRIED 4 — 0 — 1 with Commissioner Callinan absent, reading was waived and the CDC Consent Calendar was APPROVED. 3. CDC BUDGET SESSION ITEM FOR REVIEW: FIVE YEAR IMPLEMENTATION PLAN for FISCAL YEAR 2009/10 2013/14 Interim Executive Director Schwarz and Housing and Redevelopment Manager Babonis provided opening comments on this item. Jim Simon of RSG reviewed the report for this item via power point presentation and responded to Commission questions throughout the presentation. • Commission discussion /direction /action MOVED by Commissioner Mackenzie, seconded by Commissioner Stafford, and CARRIED 4 - 0 —1 with Commissioner Callinan absent, to direct staff to come back with fully laid out Five Year Implementation Plan based on concepts expressed to the CDC tonight and reflecting comments made on these particular items. Discussion during the preceding motion included Interim Executive Director Schwarz responding to Commission comments that the Economic Development Committee would review the Sonoma Mountain Business Cluster item on objectives mentioned during this evening's public comments and report on this at a future CDC meeting. RECESSED: Chair Breeze recessed the CDC meeting at 9:39 p.m. RECONVENED: Chair Breeze reconvened the CDC meeting at 9:50 p.m. with all Commissioners present except Commissioner Callinan. ADJOURNMENT There being no further business, Chair Breeze adjourned the CDC regular meeting at 9:50 p.m. RECONVENED: Mayor Breeze reconvened the City Council regular meeting at 9:50 p.m. with all Council Members present except Council Member Callinan. 6. STATION AREA PLANNING GRANT PROGRAM — Consideration of supporting an application to the Association of Bay Area Governments (ABAG) for Cycle Three of the Station Area Planning Grant Program 1. Director of Community Development Bendorff reviewed the staff report provided for this item via power point presentation and responded to Council questions. Ylinutes of the City of Rohnert Park CONCURRENT MEETINGS (8 of 11) August 25, 2009 for City Council /Community Development Commission / Rohnert Park Financing Authority 2. Public Comments: Mayor Breeze invited members of the public to come forward to speak on this item at 9:57 p.m. No one responded. 3.. Resolution for Adoption: 2009 -88 Supporting an Application to the Association of Bay Area Governments (ABAG) for Cycle Three of the Station Area Planning Grant Program MOVED by Council Member Stafford, seconded by Council Member Mackenzie, and CARRIED 4 — 0 — 1 with Council Member Callinan absent, reading was waived and Resolution No. 2009 -88 was ADOPTED. Discussion during the preceding motion included Council expressing appreciation to Director of Community Development Bendorff for all the work he has done for the City and acknowledging his upcoming retirement next week. 7. REVENUE ENHANCEMENT ADVISOR - Consideration of approving an award of contract for Revenue Enhancement Advisor 1. Interim City Manager Schwarz reviewed the staff report provided for this item and responded to Council questions. 2. Public Comments: Mayor Breeze invited members of the public to come forward to speak on this item at 10:12 p.m. No one responded. 3. Resolution for Adoption: 2009 -89 Approving Award of Contract Agreement with the Lew Edwards Group for Public Opinion Survey and Funding Option Strategy Services MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED 4 — 0 — 1 with Council Member Callinan absent, reading was waived and Resolution No. 2009 -89 was ADOPTED. Discussion during the preceding motion included Council concurrence with direction for the Interim City Manager to work with the Lew Edwards Group on this agreement to bring it back to the next Council meeting on September 8th with more detailed scope of work to sub - divide the task into more discreet parcels with increments not to unduly spend money. 8. CITY MANAGER RECRUITMENT - Consideration of authorizing Request for Proposals (RFPs) for recruitment of a City Manager 1. Interim City Manager Schwarz reviewed the staff report provided for this itme and responded to Council questions. 2. Public Comments: Mayor Breeze invited members of the public to come forward to speak on this item at 10:33 p.m. No one responded Minutes of the City of Rohnert Park CONCURRENT MEETINGS (9 of 11) August 25, 2009 for City Council /Community Development Commission / Rohnert Park Financing Authority 3. Resolution for Adoption: 2009 -90 Authorizing a Request for Proposals for Executive Recruitment Services for Recruitment of City Manager MOVED by Council Member Mackenzie, seconded by Council Member Stafford, and CARRIED 4 — 0 — 1 with Council Member Callinan absent, reading was waived and Resolution No. 2009 -90 was ADOPTED. 4. Consideration of establishing an Ad -Hoc Committee for Mayor's appointments to review proposals and recommend finalists for recruitment of a City Manager • Council discussion /direction /action Discussion concluded in Council concurrence of procedure for full Council review of the proposals rather than establishing an Ad -Hoc Committee for this purpose. Interim City Manager Schwarz indicated he would send the revised draft for this procedure to the Mayor and Vice Mayor for review prior to distribution of the Request for Proposals to ensure consistency with tonight's discussion. 9. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS Standing Committees - None Ad Hoc Committees • Budget Committee (GB /AB) - None • Education Committee (GB /JC) - None Liaison Reports • Mayors' and Councilmembers' Association - Mayor Breeze and Council Member Mackenzie reported on the Mayors' and Councilmembers' Association meeting they attended on August 13th noting that Council Member Callinan and Interim City Manager Schwarz also attended this meeting. 10. COMMUNICATIONS Vice Mayor Belforte called attention to note received from Pacific Gas & Electric Company on power outages in F Section and advising they will be replacing indicators from Fairway Drive to Holly Avenue. Vice Mayor Belforte called attention to the Public Safety Explorer Post Pancake Breakfast and Open House on Saturday, August 22nd and shared contents of communication from Sergeant Bates to all the Explorers commending their efforts and acknowledging that they made $2,700.00. 11. MATTERS FROM/FOR COUNCIL 1. Calendar of Events — Mayor Breeze brought attention to this item provided for informational purposes. Council reviewed details of the Calendar of Events and separately commented on events they attended or planned to attend. Minutes of the City of Rohnert Park CONCURRENT MEETINGS (10 of 11) August 25, 2009 for City Council/Community Development Commission /Rohnert Park Financing Authority COUNCIL ACTION TO EXTEND MEETING PAST 11:00 P.M. MOVED by Council Member Mackenzie, seconded by Vice .Mayor Belforte, and CARRIED 4 — 0 — 1 with Council Member Callinan absent, to extend the City Council meeting past 11:00 p.m. to finish remaining agenda items, was APPROVED. 2. City Council Agenda Forecast — Mayor Breeze brought attention to this item provided for informational purposes. 3. Rohnert Park Town Hall Meeting with Supervisor Shirlee Zane, September 10, 2009 The informational flyer on this item was provided for informational purposes. 4. AB 939 Local Task Force Representative — Consideration of Appointment and Alternate Mayor Breeze acknowledged the Council has received one application to date from Dawna Gallagher interested in being considered for this appointment. It was noted that a speaker card was submitted earlier this evening by Dawna Gallagher to comment further on her interest in this appointment but she had to leave before this item was reached on the agenda. Mayor Breeze suggested holding this vacancy open another month or so to provide more opportunity for the community to know about it. Council agreed. 5. Food Waste Pilot Program — Consideration of participation in a Food Waste Pilot Program expanding recycling services of North Bay Corporation (AB) This item was moved forward and handled earlier on tonight's agenda. 6. Sonoma County Energy Independence Program Applicants — Council Member Mackenzie shared that he had visited with two representatives of this program who advised they have received a couple of applications from Rohnert Park residents. 7. Other informational items None 12. PUBLIC COMMENTS — Mayor Breeze invited members of the public to come forward to speak at 11:10 p.m. No one responded. ADJOURNMENT There being no further business, Mayor Breeze adjourned the City Council regular meeting at 11:10 p.m. to convene the Rohnert Park Financing Authority meeting. Minutes of the City of Rohnert Park CONCURRENT MEETINGS (11 of 11) August 25 2009 _ for Caty Council /Community Development Commission /Rohnert Park Financing Authority MINUTES FOR THE MEETING OF THE ROHNERT PARK FINANCING AUTHORITY (RPFA) Tuesday, August 25, 2009 Meeting Location: City Hall, 130 Avram Avenue, Rohnert Park, CA CALL TO ORDER The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chair Breeze at 11:10 p.m. ROLL CALL Present: Arnie Breeze, Chair Gina Belforte, Vice Chair Jake Mackenzie, Board Member Pam Stafford, Board Member Absent: Joseph T. Callinan, Board Member (excused) Staff participation: Daniel Schwarz, Interim Executive Director; Benjamin Winig, Assistant General Counsel; and Judy Hauff, Secretary /City Clerk. Community Media Center staff present for the recording and televised production of this meeting: Josh Jacobsen and Vanessa Vann, Video Technicians. I. 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 — August 11, 2009 MOVED by Board Member Mackenzie, seconded by Board Member Stafford, and CARRIED 4 — 0 — 1 with Board Member Callinan absent, reading was waived and the RPFA Consent Calendar was APPROVED. ADJOURNMENT of RPFA meeting There being no further business, Chair Breeze adjourned the RPFA regular meeting at 11:11 p.m. J" - r7�L. — No U- t > ('0 � -- JWKHauff, Ci erk Amie Breeze, Ma r City of Rohnert Park City of Rohnert Park