2007/10/23 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR:
City Council
Community Development Commission
Rohnert Park Financing Authority
October 23, 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 Regular
Meeting to continence at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard,
Rohnert Park, with Mayor Vidak- Martinez presiding.
REGULAR MEETING
Call to Order: Mayor Vidak- Martinez called the Regular Meeting to order at 6:03 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 Community Development Bendorff, Deputy City
Clerk Griffin, and Videographer Beltz.
CLOSED SESSION
Mayor Vidak- Martinez adjourned Council to Closed Session to discuss Real Property and
Personnel Matters as outlined in the agenda. Mayor Vidak- Martinez adjourned the Closed
Session at approximately 7:40 p.m. and reconvened the Council in Open Session at 7:44 p.m.
CITY COUNCIL REGULAR SESSION
Call to Order: Mayor Vidak- Martinez called the Regular Meeting to order at 7:44 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford Vidak - Martinez
Staff present for all or part of the Regular Session: City Manager Donley, Assistant City Manager
Schwarz, City Attorney Kenyon, Fire Inspector Adam, Director of Community Development
Bendorff, Building Official Bruck, Director of Public Works /City Engineer Jenkins, Deputy City
Clerk Griffin, and Videographer Beltz.
PLEDGE OF ALLEGIANCE:
Robert Imel Stockham, student from Goldridge Elementary School, led the Pledge of Allegiance.
Mayor Vidak- Martinez PRESENTED Robert with a card and a pen.
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Vidak- Martinez stated that there was no reportable action from Closed Session.
City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 10) October 23 2007
,for City Council /Community Development Commission /Rohnert Park Financing Authority
2. WORK SESSION — COUNCIL PROTOCOLS: [Deferred by Mayor Vidak- Martinez to
later in the meeting.]
Staff /Council discussion: DEFERRED
Public comments: DEFERRED
Council direction: DEFERRED
Council AGREED to move the following items forward in the agenda:
12. COUNCIL COMMITTEE AND /OR OTHER REPORTS: [Out of outlined agenda order]
NorCal Solar: Annual Solar Celebration, 1,0/18: Council Member Smith provided a brief report
and announced that Rohnert Park won the City Solar Awards first place for total number of
watts installed in the medium -size cities category. He PRESENTED said award to Brad
Baker, President and CEO of Codding Investments, Inc., for display on site until the award can
be displayed in the new City Hall. Mr. Baker shared brief comments.
9. APPEAL OF PUBLIC FACILITIES FEES: [Out of outlined agenda order]
Consideration of an Appeal of Public Facilities Fees by Cross & Crown Lutheran Church:
1. Staff Report: Assistant City Manager Schwarz noted that City Manager Donley recused
himself from said matter due to conflict of interest. He and City Attorney Kenyon reviewed the
contents of the Staff Report, and they responded to Council questions and continents.
2. APPEAL HEARING: Mayor Vidak - Martinez opened the Appeal Hearing at 8:02 p.m.
a. Mark Gangl, Congregational President of Cross & Crown Lutheran Church, reviewed
reasons for supporting the applicant's appeal of the Public Facilities Fee assessed on the
proposed expansion for said facility. He questioned the due process on this item,
DISTRIBUTED AND REVIEWED diagrams of the project, and urged Council, if there is
a finding of impact, to limit it to the approximately 240 square foot conference room. Mr.
Gangl responded to Council questions and comments.
Mayor Vidak- Martinez acknowledged a letter from Ethella M. Claassen supporting Cross
and Crown's appeal of the Public Facilities Fee and called for an analysis of the ordinance
regarding the fee.
b. Newt Kearny, pastor at Cross and Crown, described how Cross and Crown Lutheran Church
has used their facility to meet the needs of the community.
c. John Borba reviewed Cross and Crown's contributions to the community, including a youth
program that his son participates in, and he urged support of the appeal.
Mayor Vidak- Martinez closed the Appeal Hearing at 8:25 p.m.
City of Rohnert Park CONCURRENT MEETINGS Minutes (3 of 10) October 23, 2007
,for City Council /Community Development Commission /Rohnert Park Financing Authority
3. Resolution for Adoption:
2007 -181 Denying an Appeal of Public Facilities Fees by Cross & Crown Lutheran
Church
A MOTION was made by Council Member Breeze to support Option 3 as outlined in the Staff
Report. Said motion FAILED for lack of a second. A MOTION was made by Council
Member Smith, seconded by Vice Mayor Mackenzie, to approve the following directions to
staff: (1) Recalculate the Public Facilities Fee for the proposed expansion at the hotel /motel
category only for the actual square footage of the conference room and provide a refund for the
remainder of the fee; (2) Bring back an appropriate resolution reflecting said change in the fee
amount. Council discussion and staff comments concluded with UNANIMOUS APPROVAL
of said motion. Furthermore, Council CONCURRED to schedule a Work Session at a later
date to clarify aspects of the Public Facilities Financing Program.
3. SONOMA STATE UNIVERSITY STUDENT REPORT:
Sonoma State University Associated Students, Inc. (ASI), by Nicole Schlossberg, Legislative
Representative: Ms. Schlossberg provided a brief update on several items, including SSU's athletic
teams, staff salaries, and plans for future growth.
4. SISTER CITIES RELATIONS COMMITTEE REPORT:
Report on Visit to Hashimoto City, Japan, by Erika Weil, Rohnert Park's Student Ambassador:
Courtney Pastrick• introduced Erika Weil, who shared a PowerPoint presentation regarding her trip
to Hashimoto. Mayor Vidak- Martinez stated that she plans on writing a letter to the Mayor of
Hashimoto in an effort to share ideas on climate protection.
S. REFUSE DISPOSAL AND RECYCLING QUARTERLY REPORT:
Report by Pam Davis, Rohnert Park Disposal: Ms. Davis DISTRIBUTED AND REVIEWED
multi - document packets for schools, businesses, and multifamily complexes, and she provided a
brief oral report. Council Member Smith INVITED Council to the Safe Medicine Disposal
meeting at Spreckels Performing Arts Center on Thursday, November 8, from 9 a.m. to 3 p.m.
6. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
Rancho Cotate Associate Student Body representative PRESENTED Council with a framed
collage and a card in recognition of the City's waiving of City fees for the Homecoming event.
b. Mac McCaffrey expressed reasons for supporting submetering in mobilehome parks and HOAs.
c. Gerard Giudice, as a businessman and member of the Board of Directors of the Jewish
Community Free Clinic, asked Council to defer the fees related to its move to a new location
and/or to provide pro bono planning work to assist in the clinic's move.
d. John Borba inquired about local firefighters who had gone down to Southern California to assist
with suppression of the wildfires, and he expressed concerns about budgetary matters.
City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 10) October 23 2007
_for City Council /Community Development Commission /Rohnert Park Financing Authority
7. CONSENT CALENDAR:
City Manager Donley signified deferral of Resolution 2007 -179 for discussion. Vice Mayor
Mackenzie signified removal of Item 4.
1. Approval of Minutes for:
City Council Portion of Special Concurrent Meetings — October 9, 2007
City Council Portion of Regular Concurrent Meetings — October 9, 2007
2. Approval of City BilIs/Demands for Payment in the amount of $3,550,341.86
3. Resolutions for Adoption:
2007 -172 Rejecting the Claim of Jane L. Luchini [Alleged Automobile Damage from
Construction Site]
2007 -173 Approving Task Order No. 2007 -08 with Winzler & Kelly Consulting
Engineers for an Update of the City's Water Capacity Charge Program
2007 -174 Certifying the Development Plan and Schedule of the City's Sewer System
Management Plan
2007 -175 Rejecting. Proposals for Janitorial Maintenance at Various City Facilities
2007 -176 Authorizing and Approving Amendment No. 3 to the Agreement for
Services between the City of Rohnert Park and EIP Associates regarding
the Environmental Impact Report (EIR) for the Southeast Specific Plan
2007 -177 Authorizing and Approving a Reimbursement Agreement with Redwood
Equities, LLC related to the Stadium Area Master Plan
2007 -178 Rescinding Resolution No. 96 -203 and Establishing an Alternate Benefit
Program for Eligible Active Employees
Upon MOTION by Council Member Smith, seconded by Council Member Breeze, and
UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar, with the
exception of Resolution 2006 -179 and Item 4, was ADOPTED.
Item deferred:
2007 -179 Ratifying the Memorandum of Agreement with the Rohnert Park
Employees' Association (RPEA)
Said item DEFERRED to the November 13t" City Council meeting per staff recommendation.
Item for consideration:
4. Letter to Governor Schwarzenegger regarding Response Capability of the California National
Guard
Vice Mayor Mackenzie commented on the appropriateness of said letter. Upon MOTION by
Vice Mayor Mackenzie, seconded by Council Member Stafford, Item 4 of the Consent
Calendar was UNANIMOUSLY APPROVED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 10) October 23 2007
for City Council /Community Development Commission /Rohnert Park Financing Authority
8. 2007 FIRE CODE ORDINANCE:
Consideration of Proposed Amendments to Rohnert Park Municipal Code Chapter 15.28, California
Fire Code:
1. Staff Report: Fire Inspector Dan Adam reviewed the contents of the Staff Report and
responded to Council questions and comments.
2. Public Comments: None.
3. Resolution for Adoption:
2007 -180 Setting a Time and Place for a Public Hearing for Proposed Amendments to
the Uniform Fire Codes
Upon MOTION by Council Member Breeze, seconded by Council Member Stafford, and
UNANIMOUSLY APPROVED, reading was waived and Resolution 2007 -180 was
ADOPTED.
4. Ordinance for Introduction:
No. 793 Adopting by. Reference the 2006 Edition of the International Fire Code and
the 2007 Edition of the California Fire Code, as Amended, by Repealing and
Replacing Chapter 15.28 of the Rohnert Park Municipal Code
A MOTION was made by Council Member Smith, seconded by Vice Mayor Mackenzie, to
introduce Ordinance No. 793 excluding the fireworks provisions. Council discussion
concluded, and said motion FAILED 2 -3 with Council Members Breeze and Stafford and
Mayor Vidak - Martinez dissenting.
Upon MOTION by Council Member Breeze, seconded by Council Member Stafford, and
APPROVED 3 -2 with Council Member Smith and Vice Mayor Mackenzie dissenting, reading
was waived and Ordinance No. 793 was INTRODUCED.
At the request of Mayor Vidak - Martinez, Fire Inspector Adam provided a brief update of the
Public Safety personnel who went down to assist with suppression of the wildfires in Southern
California.
10. GREEN BUILDING PRESENTATION:
Update by Rohnert Park Building Official regarding the 2007 International Code Council (ICC)
Annual Conference:
1. Staff Report: Building Official Bruck made brief comments and shared a short ICC green
building video clip. He responded to Council questions and comments.
2. Public Comments: None.
3. Council discussion: Mayor Vidak- Martinez indicated that she would send related ordinances
and said Staff Report to the International Council for Local Environmental Initiatives (ICLEI)
and to the U.S. Conference of Mayors.
City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 10) . October 23 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
11. GENERAL PLAN UPDATE STEERING COMMITTEE MEMBERS:
Selection of Two City Council Members to Serve on the General Plan. Update Steering Committee
1. Staff Report: Community Development Director Bendorff reviewed the contents of the Staff
Report and provided a slide for Council to view.
2. Public Comment: None.
3. Council discussion/action: Council discussion concluded with a MOTION by Vice Mayor
Mackenzie, seconded by Council Member Stafford, to appoint Mayor Vidak- Martinez and Vice
Mayor Mackenzie to serve on the General Plan Update Steering Committee. Said motion was
UNANIMOUSLY APPROVED.
WORK SESSION — COUNCIL PROTOCOLS: [Out of outlined agenda order]
Staff /Council discussion: City Manager Donley reviewed the contents of the Staff Report, and
he focused Council on certain portions of the report due to the lateness of the hour.
Public comments: None.
Council direction: Mayor Vidak- Martinez directed each Council Member to e -mail staff with
their recommendations for said matter, at which time staff will prepare Council comments for a
Work Session at the second Council meeting in November. Mayor Vidak- Martinez stated that
she will not be present for the first Council meeting in November.
12. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
Mayors' and Councilmembers' Association meeting, 10/11: Vice Mayor Mackenzie provided a
brief report.
2. Rohnert Park - Cotati Regional Library Advisory Board meeting, 10/16: Council Member Smith
provided a brief report.
Sonoma County Waste Management Agency meeting, 10/17: Council Member Smith provided
a brief report, and he DISTRIBUTED a brochure for Council review.
4. Water Issues Subcommittee meeting, 10/17: Council Member Breeze and Vice Mayor
Mackenzie provided a. brief report and RECOMMENDED that staff report back on the legality
of a submetering ordinance.
5. Santa Rosa Plain Conservation Strategy Implementation Committee (California Tiger
Salamander) meeting, 10/17: Vice Mayor Mackenzie provided a brief report and
REQUESTED TO AGENDIZE Council consideration of the Draft Implementation Plan at
the next Council meeting.
6. Association of Bay Area Governments Committee meeting, 10/19: Council Member Smith
provided a brief report.
City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 10) October 23 2007
for City Council /Community Development Commission /Rohnert Park Financing Authority
7. Other informational reports, if any:
North Coast Integrated Regional Water Management Plan (NCIRWMP) Conference, 10/10:
Vice Mayor Mackenzie provided a brief report.
Community Choice Aggregation, 10 /10: Council Member Smith provided a brief report.
Bridging the Town -Gown Divide Conference, 10 /11- 10/12: Vice Mayor Mackenzie provided a
brief report.
Rancho Cotate High School Auto Collision Repair Facility - Ribbon Cutting Ceremony, 10/12:
Council Member Smith provided a brief report.
Laguna de Santa Rosa Stakeholder Council meeting, 10/16: Vice Mayor Mackenzie provided a
brief report.
State of the San Francisco Estuary Conference, 10/16: Council Member Smith provided a brief
report.
Codding Steel Frame Solutions Open House, 10/I7: Council Members Smith and Stafford
provided a brief report.
NorCal Solar: Annual Solar Celebration, 10/18: Council Member Smith provided a brief
report.
2007 Leaders of the North Bay Awards Luncheon, 10/19: Vice Mayor Mackenzie provided a
brief report.
Our Healthy Community: PIanning, Designing & Building for Health Conference, 10/20: Vice
Mayor Mackenzie provided a brief report.
Agricultural Preservation and Open Space District: Council Member Smith DISPLAYED a
canvas bag he received from a recent Ag & Open Space District event at Poff Ranch.
13. COMMUNICATIONS:
Sales Tax Summary: Council Member Smith provided brief comments.
14. MATTERS FROM/FOR COUNCIL:
1. Calendar of Events: Document provided in Council agenda packets.
2. City Council Agenda Forecast: Document provided in Council agenda packets. Council
Member Stafford suggested Council consider updating the City's smoking ordinance. The
following Council Members indicated they would be out of town on said dates:
Council Member Breeze: 10/24 -10/30
Vice Mayor Mackenzie: 10/28 -10/31 in Washington, D.C. with Water Agency
representatives
Mayor Vidak - Martinez: 10/31-11/3 at Mayors' Climate Summit in Seattle
City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 10) October 23 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
15. CITY MANAGER'S /CITY ATTORNEY'S REPORTS:
1. Legislative Update: Council Member Smith commented on AB1542 and SB966, and Mayor
Vidak- Martinez commented on AB70.
2. Other informational items, if any:
City Attorney Kenyon ANNOUNCED that Assistant City Attorney Whelan will be leaving to
assume the position of Assistant City Attorney for the City of San Mateo. Council
CONCURRED to direct staff to prepare a Mayor's proclamation acknowledging Assistant
City Attorney Whelan for her years of service to the City.
16. PUBLIC COMMENTS:
None.
ADJOURNMENT: Mayor Vidak- Martinez adjourned the City Council meeting at 10:50 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, October 23 2007
Call to Order: 10:50 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford, Vidak- Martinez
Also present: Executive Director Donley, General Counsel Kenyon, and Assistant Executive Director
Schwarz
Unscheduled public appearances: None.
1. CDC CONSENT CALENDAR:
Approval of Meeting Minutes for:
CDC Portion of Special Concurrent Meetings — October 9, 2007
CDC Portion of Regular Concurrent Meetings — October 9, 2007
2. Approval of CDC Bills /Demands for Payment in the amount of $416,433.20
A MOTION was made by Vice Chair Mackenzie, seconded by Commissioner Stafford, to approve
the Consent Calendar. After the motion, reading was waived, and the CDC Consent Calendar, as
outlined in the agenda, was UNANIMOUSLY APPROVED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 10) October 23, 2007
for City Council /Community Development Commission / Rohnert Park Financing Authority
2. CDC BUDGET FOR FISCAL YEAR 2007 -2008:
Consideration of Adopting an Amended CDC Budget for Fiscal Year 2007 -2008:
1. Staff Report: City Manager Donley reviewed the contents of the Staff Report.
2. Public Comments: None.
3. Resolution for Adoption:
2007 -28 Amending the CDC Adopted Budget For Fiscal Year 2007 -08
A MOTION was made by Commissioner Smith, seconded by Commissioner Stafford, to adopt
CDC Resolution 2007 -28. After CDC discussion concluded, for said motion, which was
UNANIMOUSLY APPROVED, reading was waived and CDC Resolution 2007 -28 was
ADOPTED.
3. ADJOURNMENT: There being no further business, Chairperson Vidak- Martinez adjourned the
CDC meeting at 10:53 p.m.
MINUTES FOR THE
ROHNERT PARK FINANCING AUTHORITY
Tuesday, October 23, 2007
Call to Order: 10:53 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford, Vidak- Martinez
Also present: Executive Director Donley, General Counsel Kenyon, and Assistant Executive Director
Schwarz
Unscheduled public appearances: None.
1. RPFA CONSENT CALENDAR:
1. Approval of Minutes for:
RPFA Portion of Regular Concurrent Meetings — October 9, 2007
A MOTION was made by Member Stafford, seconded by Member Smith, 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 10:54 p.m.
City of Rohnert Park CONCURRENT MEETINGS Minutes (10 of 10) October 23 2007
for City Council /Community Development CommissionlRohnert Park Financing Authority
Katy eonard
Certified Shorthand Reporter
C.S.R. 11599
Vicki Vidak - Martinez
Mayor .
City of Rohnert Park