2007/07/10 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR:
City Council
Community Development Commission
Rohnert Park Financing Authority
July 10, 2007
Tuesday
The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community
Development Commission and the Rohnert Park Financing Authority met this date for a Special
Meeting, to commence at 5:00 p.m., followed by a Regular Meeting at the Rohnert Park City Hall,
6750 Commerce Boulevard, Rohnert Park, with Mayor Vidak- Martinez presiding.
SPECIAL MEETING
Call to Order: Mayor Vidak- Martinez called the Special Meeting to order at 5:00 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford, Vidak- Martinez
Staff present for all or part of the Special Meeting: City Manager Donley, City Attorney Kenyon,
Assistant City Manager Schwarz, Director of Administrative Services Lipitz, and Management
Analyst Babonis.
Unscheduled Public Appearances: None.
CLOSED SESSION
Mayor Vidak- Martinez adjourned Council to Closed Session to discuss Litigation and Personnel
Matters. Mayor Vidak- Martinez reconvened the Council in Open Session at 7:03 p.m.
MAYOR'S REPORT ON CLOSED SESSION:
Mayor Vidak- Martinez indicated that. there was no reportable action from Closed Session,
and she adjourned the Special Meeting at approximately 7:01 p.m.
CITY COUNCIL REGULAR MEETING
Call to Order: Mayor Vidak- Martinez called the Regular Meeting to order at 7:03 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford Vidak- Martinez
Staff present for all or part of the Regular Session: City Manager Donley, City Attorney Kenyon,
Assistant City Manager Schwarz, Director of Public Safety Bullard, Public Safety Lieutenants
Taylor and Frazer, Director of Community Development Bendorff, Public Works /City Engineer
Jenkins, Deputy. City Clerk Griffin, and Videographer Beltz.
PLEDGE OF ALLEGIANCE:
Mariah Marin, age 6, led the Pledge of Allegiance. Mayor Vidak- Martinez PRESENTED
Mariah with a card and a pen.
City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 9) July 10, 2007
for City Council /Community Development Commission /Rohnert Park Financing Authority
1. MAYOR'S PRESENTATION:
Presentation to Jette Selberg, Community Services Officer (CSO), of Resolution No. 2007 -98
Proclaiming Tuesday, August 7, 2007, National Night Out: Mayor Vidak- Martinez read the
resolution. CSO Selberg reviewed plans for the event, and she DISTRIBUTED shirts to Council
Members.
2. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
No members of the public came forward to share comments.
3. CONSENT CALENDAR:
Mayor Vidak- Martinez asked if there were any questions about matters on. the Consent Calendar.
City Attorney Kenyon called Council's attention to the revised closing .paragraph of Resolution
2007 -116, and she signified removal of Resolution 2007 -112 for discussion. Council Member
Breeze signified removal of the City Council Portion of the Concurrent Meetings Minutes of June
26, 2007.
B. Approval of City Bills /Demands for Payment in the amount of $1,728,955.14
C. Resolutions for Adoption:
2007 -110 Awarding the Contract for the Rohnert Park Expressway Rehabilitation
Project No. 2005 -02
2007 -111 Rejecting Bid for the Martin Avenue Stormwater Pump Station Project —
Phase II, Project No. 2006 -03
2007 -113 Updating the Public Facilities Fee for All Development within the City of
Rohnert Park and Amending Resolution No. 2006 -165
2007 -114 Authorizing and Approving an Amendment to Improvement Agreement
with CPX Rohnert Gateway OPAG, LLC for Hampton Inn and Suites
Subdivision
2007 -115 Authorizing and Approving Amendment No. 2 to the Agreement for
Services between the City of Rohnert Park and Parsons Water and
Infrastructure, Inc. Regarding the Environmental Impact Report (EIR)
for the Stadium Plan
2007 -116 Approving a Deed of Full Reconveyance Regarding Assessor's Parcel
Numbers 143 - 391 -053 and -054
2007 -117 Updating and Reaffirming the City's Policy against Harassment and'
Establishing a Complaint Procedure
2007 -118 Reaffirming the City's Commitment to Equal Employment Opportunity
2007 -119 Approving a Job Description and Salary Range for Community
Development Assistant/Housing and Redevelopment and Authorizing
Recruitment for the Position
Upon MOTION by Vice Mayor Mackenzie, seconded by Council Member Smith, and
UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar, with the
exception of Resolution 2007 -112 and the City Council Portion of the Concurrent Meetings
Minutes of June 26, 2007, was ADOPTED.
City of Rohnert Park CONCURRENT MEETINGS Minutes Q of 9) July 10, 2007
for City Council /Community Development Commission / Rohnert Park Financing Authority
Items for consideration:
A. Approval of Minutes for:
City Council Portion of Concurrent Meetings — June 26, 2007
Council Member Breeze noted that she will be abstaining, as well as Council Member Stafford, due
to absence from the last meeting. Upon MOTION by Council Member Smith, seconded by Vice
Mayor Mackenzie, the City Council. Portion of the Concurrent Meetings Minutes of June 26, 2007
were APPROVED 3 -0 -2 with Council Members Breeze and Stafford abstaining.
2007 -112 Authorizing, Approving and Accepting Sewer Easement Assignment
Agreement with County of Sonoma for Operation and Maintenance of
Canon Manor West Sanitary Sewers
City Attorney Kenyon discussed Council Member Smith's request for clarifying language on page
2, and she recommended approval of the resolution in its present condition. Upon MOTION by
Vice Mayor Mackenzie, seconded by Council Member Breeze, and APPROVED 4 -0 -1 with
Council Member Smith abstaining, reading was waived and Resolution 2007 -112 was ADOPTED.
4. DEPARTMENT OF PUBLIC SAFETY MATTER:
Oral Reports by Lieutenant Dave Frazer and Lieutenant Jeff Taylor regarding Public Safety Activity
over the 4t" of July Holiday:
1. Staff Reports: Public Safety Lieutenant Taylor DISTRIBUTED AND REVIEWED patrol
statistics for the holiday, and Public Safety Lieutenant Frazer DISTRIBUTED photos of a
fireworks cache and discussed fire statistics for the past holiday. The Lieutenants responded to
Council questions and comments.
2. Public Comments:
a. Phil Herve, 256 Allen Avenue, was recognized and thanked the City for allowing non - profits
to sell safe and sane fireworks.
b. Daren Nakatani, 943 Ellen Street, was recognized and discussed how fireworks sales have
enriched the youth soccer teams of nearly 1200 local youngsters.
c. Dan Sheehy, 7617 Melody Drive, was recognized. He noted how fireworks sales help
support the sports program at Rancho Cotate High School, and he inquired how the public
can be more encouraged to safely enjoy fireworks.
d. Kevin Smart, 126 John Roberts Drive, was recognized and discussed how fireworks sales
have enhanced the local middle schools.
e. Dennis Revell, One Capital Mall, Suite 210, Sacramento, was recognized and
DISTRIBUTED AND REVIEWED a handout regarding Senate Bill 839, as well as
brochures about safety and statistics regarding the number of safety brochures ordered by
local organizations. As a representative of the fireworks wholesaler for many of the local
non- profits, he reviewed efforts to educate the public on fireworks safety.
3. Council discussion/direction: Council Members shared their perspectives on various aspects of
fireworks, including sales, education of the public regarding safety, and the impact of fireworks
on the environment and animals.
City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 9) July 10, 2007
for City Council /Community Development Con :mission /Rohnert Park Financing Authority
5. CITY CENTER PLAZA/PEDESTRIAN IMPROVEMENTS PROJECT:
Update on the City Center Plaza /Pedestrian Improvements Project and Consideration of Designs for
the City Center Plaza Arch and Shade Structure Elements:
1. Staff Report: Director of Community Development Bendorff reviewed the contents of the Staff
Report in a slideshow presentation, and David Gates of Gates & Associates shared a
PowerPoint presentation with further details on the City Center Plaza project.
2. Public Comments: None.
3. Council discussion/direction: Mr. Gates and City staff responded to Council questions and
comments as Council Members shared their perspectives on .various aspects of the project,
including a trellis design, shade structures, the inclusion of bigger trees, and the possibility of a
clock.
6. COMMUNITY CENTER CAMPUS RENOVATION PROJECT:
Update on the Community Center Campus Renovation Project and Consideration of the Conceptual
Plan for the Community Center Campus:
1. Staff Report: Director of Community Development Bendorff reviewed the contents of the Staff
Report in a slideshow presentation, and David Gates of Gates & Associates shared a
PowerPoint presentation with further details on the Community Center Campus Renovation
project.
2. Public Comments: None.
3. Council discussion/direction: Mr. Gates and City staff responded to Council questions and
comments as Council Members .shared their perspectives on various aspects of the project,
including phasing preferences, connectivity, visibility, access, and the possibility of relocating
the water feature.
7. SALE OF ALCOHOLIC BEVERAGES ORDINANCE:
Consideration of Amendments to Section 17.07.020R of the Rohnert Park Municipal Code
Regarding Sale of Alcoholic Beverages:
1. Staff Report: Director of Community Development Bendorff 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..788 Amending Section 17.07.020R of the Rohnert Park Municipal Code Regarding
Sale of Alcoholic Beverages
City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 9) July 10, 2007
for City Council /Community Development Commission /Rohnert Park Financing Authority
A MOTION was made by Council Member Smith, seconded by Vice Mayor Mackenzie, to
adopt Ordinance No. 788. Under discussion, Council Member Smith reviewed the distancing
options outlined in the Staff Report, expressing opposition to No. 5 and support for No. 8,
leaving the distancing requirement as it now stands. Council Member Breeze expressed
support for increasing education to stop underage drinking, as well as support for a conditional
use permit. Staff responded to Council Member Stafford's inquiry about shopping centers that
are plazas and how that impacts the language of the ordinance. Vice Mayor Mackenzie
indicated that he would follow staff's recommendation to adopt said ordinance. Mayor Vidak-
Martinez expressed support for conditional use permits as an option. After the motion, which
was UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 788 was
ADOPTED BY ROLL CALL VOTE.
8. SEWER LATERAL ORDINANCE:
Consideration of Amendments to Chapters 13.12, 13.16, 13.24 and 13.32, Addition of Chapter
13.26, and Repeal of Chapter 13.20 of the Rohnert Park Municipal Code Regarding Sewer Laterals:
1. Staff Report: Director of Public Works /City Engineer Jenkins referred to Mary Grace Pawson
of Winzler & Kelly who reviewed the contents of the Staff Report via PowerPoint presentation.
2. Public Comments:
Kathy Hayes, North Bay Association of Realtors, 131 A Stony Circle, Suite 850; Santa Rosa,
was recognized and expressed the reasons for her concern about a point -of -sale sewer lateral
ordinance. She noted her support for staff's recommendations as outlined in the Staff Report,
notably and education and incentive program and the development of a Sanitary Sewer
Management Plan (SSMP).
3. Ordinance for Introduction:
Waive Further Reading and Introduce Ordinance by Reading Title:
No. 789 Amending Chapters 13.12, 13.16, 13.24 and 13.32 of the Rohnert Park
Municipal Code, Adding Chapter 13.26 to the Rohnert Park Municipal Code
and Repealing Chapter 13.20 of the Rohnert Park Municipal Code
A MOTION was made by Vice Mayor Mackenzie, seconded by Council Member Stafford to
adopt Ordinance No. 789. Under discussion, Director Public Works /City Engineer Jenkins
explained the inspection triggers outlined in Chapter 13.26.050. Council Member Smith noted
his concern about the way the ordinance had been set up for Council consideration, and he
discussed his reasons for supporting Staff Report Items 7 and 9 for implementation of a sewer
lateral inspection program. The other Council Members noted general agreement for Items 7
and 9, as well as for inspection triggers A, D, E, and I as outlined in the Staff Report. Mayor
Vidak- Martinez indicated that staff should consider trigger G as well. City Attorney Kenyon
advised Council that it was necessary to withdraw said motion. Vice Mayor Mackenzie
WITHDREW said motion, and Council Member Stafford withdrew the second.
A MOTION was made by Vice Mayor Mackenzie, seconded by Council Member Stafford, to
direct staff to bring back, for introduction at the next Council meeting, Ordinance No. 789, and
to include in said revised ordinance (1) Council's discussion tonight regarding implementation
of a sewer lateral inspection program and inspection triggers, and (2) language stating that at
the time of the completion of the SSMP, it will be brought before Council for discussion.
Under discussion, staff responded to Council Member Smith's inquiries about when the SSMP
would be brought back to Council, about whether the City has any City projects scheduled
City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 9) July 10, 2007
_ for City Council /Community Development Commission/Rohnert Park Financing Authority
before July, 2009, and about whether said SSMP will apply to Canon Manor. He noted his
support for having the SSMP before Council by November, 2007. Mayor Vidak- Mart inez
reiterated that Council supports Item 9 and that staff should review Item 7, and Council
Member Breeze inquired whether the ordinance will affect the City's legal settlement in the
Northern California River Watch lawsuit. City Attorney Kenyon stated that the City has
satisfied the settlement as of this evening. Said motion was APPROVED 4 -0 -1 with Council
Member Smith abstaining.
9. FISCAL YEAR 2007 -2008 BUDGET:
Federated Indians of Graton Rancheria (FIGR) Funding for Enhanced Law Enforcement Resources:
Consideration of Accepting Federated Indians of Graton Rancheria (FIGR) Funding for Enhanced
Law Enforcement Resources:
1. Staff Report: City Manager Donley reviewed the contents of the Staff Report, and he and
Director of Public Safety Bullard responded to Council questions and comments.
2. Public Comments: None.
3. Resolution for Adoption:
2007 -120 Accepting Federated Indians of Graton Rancheria (FIGR) Funding for
Enhanced Law Enforcement Resources
A MOTION was made by Vice Mayor Mackenzie, seconded by Council Member Breeze, to
adopt Resolution 2007 -120. Under discussion, Council Member Smith discussed his reasons
for supporting the request of $500,000 for the tribe's continued funding of the Special
Enforcement Unit (SEU), as well as an additional School Resources Officer (SRO). He stated
that he would not support any additional requests for funding, acknowledging the need, but
noting that the City should fund said positions, and he encouraged staff to be flexible in its use
of the $500,000. Council Member Breeze expressed support for using the funds for their stated
purpose, support of the SEU, wherein she noted a nexus with the SRO and his /her efforts with
youth in terms of crime prevention/education. She questioned staff regarding any nexus
between the Records Supervisor and the work of the SEU and the SRO, and she inquired about
having officers on medical disability do the records management. Council Member Stafford
noted her support for Public Safety, but she questioned the City's reliance on tenuous funds.
Vice Mayor Mackenzie questioned the funding amount, and he stated that funds should only be
accepted with the certainty that the SEU will be in place and fully operational. Mayor Vidak-
Martinez expressed support for staff's recommendations, and she described Public Safety's
efforts to shift personnel to cover its varied and growing responsibilities. Staff explained the
nexus between the SEU, the additional SRO, and the Records Supervisor. After the motion,
which was APPROVED 3 -2 with Council Members Smith and Stafford dissenting, reading
was waived and Resolution 2007 -120 was ADOPTED.
10. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
Parks, Recreation, and Open Space Committee meeting, 6/20: Council Member Stafford noted
that she did not attend said meeting and provided an update regarding the Committee's final
report.
2. Sonoma County Agricultural Preservation and Open Space District Advisory Committee
meeting, 6/28: Council Member Smith made a brief report, and he. shared his suggestion that at
some time in the future, Council support the renaming of Crane Creek Trail to the Jake
Mackenzie Trail in recognition of Vice Mayor Mackenzie's efforts on the Open Space District
and his work regarding the local environment.
City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 9) July 10, 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
3. Sonoma County Transportation Authority meeting, 7/9: Vice Mayor Mackenzie provided a
brief report.
4. Other informational reports, if any:
Playground Dedication Ceremony for Ladybug, Caterpillar and Sunrise Parks New Playground
Equipment, 6/29. Council Members Smith and Stafford noted their attendance at said
ceremony.
Cal Ripken State Tournament: Council Member Smith noted his attendance at said event.
SB 966 (Simitian), Pharmaceutical drug disposal - Discussion in Sacramento, 6/28: Council
Member Smith noted his attendance at said discussion.
SB 303 (Duchney), Local government: land use planning - Testimony before Assembly
Committee on Local Government, 7/3: Council Member Smith noted that he testified at said
meeting.
Creek Walk, 7/7: Council Member Smith noted his attendance and DISTRIBUTED related
information.
4"' Annual Bicycle Event, 7/4: Vice Mayor Mackenzie and Council Member Smith noted their
attendance at said event.
Second Sonoma County Climate Action Planning Event: Mayor Vidak- Martinez noted her
attendance at said event.
11. COMMUNICATIONS:
Council Member Smith noted that Sonoma Mountain Village submitted its application for FOCUS,
a regional planning program.
12. MATERS FROM/FOR COUNCIL:
1. Mayors' and Councilmembers' Association Appointments — July 16t" Deadline for Submission
of Letters of Interest: Informational purposes only. Vice Mayor Mackenzie noted his interest
in the Golden Gate Bridge, Highway & Transportation District position.
2. Calendar of Events: Document provided to Council in the agenda packets.
3. City Council Agenda Forecast: Document provided to Council in the agenda packet.
4. Other informational items, if any: None.
13. CITY MANAGER'S CITY ATTORNEY'S REPORTS:
1. Legislative Update: Assistant City Manager Schwarz reviewed the contents of the Staff Report.
Council discussion/direction: None.
City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 9) July 10, 2007
for City Council %Community Development Commission / Rohnert Park Financing Authority
2. Other:
a. GIS Land Use Maps on City's Web site: City Manager Donley noted that the City received
five stars for said maps, and he commended the efforts of Senior Planner Rich.
b. Out of office: City Manager Donley stated that next week he will be in San Francisco on
Coast Guard duty.
14. PUBLIC COMMENTS:
Members of the public desiring to speak were called forward. No members of the public responded.
ADJOURNMENT: Mayor Vidak- Martinez adjourned the City Council meeting at 10:41 p.m. to
consecutively and separately convene the meetings of the Community
Development Commission and the Rohnert Park Financing Authority.
MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ROHNERT PARK
Tuesday, July 10, 2007
Call to Order: 10:41 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford, Vidak- Martinez
Also present: Executive Director Donley, General Counsel Kenyon, Assistant Executive Director
Schwarz, and Recorder Leonard
Unscheduled public appearances: None.
1. CONSENT CALENDAR:
Chairperson Vidak- Martinez asked the Commissioners if there were any questions about matters on
the CDC Consent Calendar. No matters were raised.
1. Approval of CDC Portion of Concurrent City Meeting Minutes for:
Regular Meeting — June 26, 2007
2. Approval of CDC Bills /Demands for Payment in the amount of $163,854.31
3. CDC Resolutions for Adoption:
2007 -15 Approving the First Amendment to the Affordable Housing Agreement and
Loan Agreement with Vida Nueva Partners, L.P.
2007 -16 Approving Contingency Funding for the Vida Nueva Project
2007 -17 Approving Revised Guidelines for the Housing Rehabilitation Program for
Owner- occupied and Rental Properties
2007 -18 Approving a Full Reconveyance Regarding Assessor's Parcel Numbers 143-
391 -053 and -054
City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 9) July 10, 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
A MOTION was made by Commissioner Smith, seconded by Commissioner Breeze, to
approve the Consent Calendar. After the motion, reading was waived, and the CDC
Consent Calendar, as outlined in the agenda, was UNANIMOUSLY APPROVED.
2. ADJOURNMENT: There being no further business, Chairperson Vidak - Martinez adjourned the
CDC meeting at 10:42 p.m.
MINUTES FOR THE
ROHNERT PARK FINANCING AUTHORITY
Tuesday, July 10, 2007
Call to Order: 10:42 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford, Vidak- Martinez
Also present: Executive Director Donley, General Counsel Kenyon, Assistant Executive Director
Schwarz, and Recorder Leonard
Unscheduled public appearances: None.
1. CONSENT CALENDAR:
Chairperson Vidak- Martinez asked the Members if there were any questions about matters on the
RPFA Consent Calendar. No matters were raised.
1. Approval of RPFA Portion of Concurrent City Meeting Minutes for:
Regular Meeting — June 26, 2007
A MOTION was made by Member Smith, seconded by Vice Chair Mackenzie, to
approve the RPFA Consent Calendar. After the motion, reading was waived, and the
RPFA Consent Calendar, as outlined in the agenda, was UNANIMOUSLY
APPROVED.
2. ADJOURNMENT: There being no further business, Chairperson Vidak - Martinez adjourned the
meeting of the RPFA at 10:42 p.m.
/Maonard
Certi Shorthand Reporter
C.S.R. 11599
IV, �Lvt
Vicki Vidak - Martinez
Mayor
City of Rohnert Park