2007/11/13 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR:
City Council
Community Development Commission
Rohnert Park Financing Authority
November 13, 2007
Tuesday
The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community
Development Commission and the Rohnert -faTk+irraucing Authority met this date for a Regular
Meeting to commence at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard,
Rohnert Park, with Mayor Pro Tem Mackenzie presiding.
REGULAR MEETING
Call to Order: Mayor Pro Tempore Mackenzie called the Regular Meeting to order at 6:00 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford
Absent: Vidak- Martinez (Out of town on City business — National League of Cities)
Staff present for all or part of the Regular Meeting: City Manager Donley, City Attorney Kenyon,
Assistant City Manager Schwarz, Management Analyst Babonis, Director of Public Safety Bullard,
Public Safety Lieutenant Frazer, Public Safety Sergeants Marty and Reinhold, Fire Inspector
Adam, Building Official Bruck, Management Analyst Tacata, Deputy City Clerk Griffin, and
Videographer Beltz.
CLOSED SESSION
Mayor Pro Tempore Mackenzie adjourned Council to Closed Session to discuss Personnel Matters
as outlined in the agenda.
CITY COUNCIL REGULAR SESSION
Call to Order: Mayor Pro Tempore Mackenzie called the Regular Meeting to order at 6:37 p.m.
PLEDGE OF ALLEGIANCE:
Aric Lang, student from Goldridge Elementary School, led the Pledge of Allegiance. Mayor Pro
Tempore Mackenzie PRESENTED Aric with a card and a pen.
MAYOR'S REPORT ON CLOSED SESSION:
Mayor Pro Tempore Mackenzie reported that an agreement has been reached with the Rohnert Park
Public Safety Officers' Association (RPPSOA), for which formal action will be taken at a future
meeting. He encouraged all citizens with questions regarding the City's budget to contact City
Manager Donley.
City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 9) November 13, 2007
for City Council /Conznzunity Development Commission /Rohnert Park Financing Authority
2. SSU STUDENT REPORT:
Sonoma State University Associated Students, Inc. (ASI), by Nicole Schlossberg, Legislative
Representative: Ms. Schlossberg provided a brief update on several items, including the Army's
recruitment advertisements supporting an SSU basketball tournament three weeks ago, the number
of students living off campus, the accreditation process, efforts to go green, and SSU's men's
soccer team's national championship quest.
3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
None.
AGENDA CHANGE: Council CONCURRED with Mayor Pro Tempore Mackenzie's suggestion to
move agenda item No. 9 forward.
9. COMMITTEE ON THE SHELTERLESS (COTS): [Taken out of regular agenda order]
Armual Report on COTS Activities for 2007:
1. Report by COTS representative: Alicia Sims, Assistant Director of the family center and
housing programs for COTS; Violetta Novus, a participant in the'COTS program; and Roger
Kirkpatrick, Associate Executive Director of COTS, provided a brief oral report and expressed
gratitude to the City Council for its support.
2. Public Comments: None.
3. Council discussion: Council Members shared their perspectives. No action taken.
4. CONSENT CALENDAR:
Council Member Breeze signified removal of the City Council Portion of the Regular Concurrent
Meetings Minutes for October 23, 2007. City Manager Donley signified deferral of Resolution
2007 -190 and removal of Resolution 2007 -191 for discussion.
2. Approval of City Bills /Demands for Payment in the amount of $2,815,866.90
3. Resolutions for Adoption:
2007 -182 Thanking and Honoring Bradley S. Rosaschi upon his Retirement from the
Department of Public Works
2007 -183 Commending Duane Rosengren, Public Safety Sergeant, on the Occasion of
His Retirement
2007 -184 Authorizing and Approving the First Amended Cooperative Agreement
between the Sonoma County Water Agency and the City of Rohnert Park for
Funding and Administration of the City of Rohnert Park Water
Conservation Program Funded in Fiscal Year 2006/2007
2007 -185 Approving Task Order No. 2007 -09 with Winzler & Kelly Consulting
Engineers to Provide Professional Services for Environmental Cleanup of
Corporation Yard: Soil Investigation and Performance of Compliance
Groundwater Sampling
City of Rohnert Park CONCURRENT MEETINGS Minutes Q of 9) November 13, 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
2007 -186 Accepting Project and Directing the City Engineer to File Notice of
Completion for the Martin Avenue Storm Drain Extension Project, Phase I,
Project No. 2006 -03
2007 -187 Summarily Vacating Excess Public Utility Easement, 705 Rohnert Park
Expressway and Authorizing the Mayor to Execute Quitclaim Deed to Vida
Nueva Partners, L.P., a California Limited Partnership — APN 143 -391 -063
(Portion) & 143 - 391 -054
2007 -188 Receiving from the Community Development Commission the
Redevelopment Annual Report for Fiscal Year Ending June 30, 2007
2007 -189 Modifying a Public Facilities Fees Paid by Cross and Crown Lutheran
Church
2007 -192 Authorizing and Approving an Affordable Housing and Loan Agreement by
and among the City Council of the City of Rohnert Park, the Community
Development Commission of the City of Rohnert Park and Rainbow -
Copeland Creek, LLC
Upon MOTION by Council Member Stafford, seconded by Council Member Smith, and
APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and the Consent
Calendar, with the exception of the City Council Portion of the Regular Concurrent Meetings
Minutes of October 23, 2007, and Resolution Nos. 2007 -190 and 2007 -191, was ADOPTED.
Items for consideration:
1. Approval of Minutes for:
City Council Portion of Regular Concurrent Meetings — October 23, 2007
Council Member Breeze amended the minutes for Item 9.3, "Appeal of Public Facilities Fees,"
to include a description of Option 3 in the first sentence, to read as follows: "A MOTION was
made by Council Member Breeze to support Option 3, as outlined in the Staff Report, to waive
the fee for the property based on findings that the proposed project provides benefits to the
City that outweigh the impacts it causes." Upon MOTION by Council Member Breeze,
seconded by Mayor Pro Tempore Mackenzie, the City Council Portion of the Regular
Concurrent Meetings for October 23, 2007 were APPROVED, AS AMENDED, 4 -0 -1 with
Mayor Vidak- Martinez absent.
2007 -190 Ratifying the Memorandum of Agreement with the Rohnert Park
Employees' Association (RPEA)
Item DEFERRED at the recommendation of City Manager Donley.
2007 -191 Approving the Outline of Certain Conditions of Employment, Fringe
Benefits and Salary Adjustments for the Management Unit
City Manager Donley recommended adoption of Resolution 2007 -191 with amendments to
sections 5.11 and 10.2 as outlined in the memo provided to Council. A MOTION was made
by Council Member Stafford, seconded by Council Member Smith, to adopt Resolution 2007-
191. Under discussion, and FOR THE RECORD, Council Member Breeze stated that she
will be voting against the resolution due to the City's rising medical costs and Council's lack
of significant progress in terms of economic development over the last four years. After
Council discussion concluded, for said motion, which was APPROVED 3 -1 -1 with Council
Member Breeze dissenting and Mayor Vidak - Martinez absent, reading was waived and
Resolution 2007 -191 was ADOPTED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 9) November 13, 2007
for City Council /Comfnunity Development Commission/Rohnert Park Financing Authority
5. FIRE DIVISION REPORT:
Report by the Fire Division regarding the Southern California Strike Team Experience:
1. Staff Report: Public Safety Lieutenant Frazer and Public Safety Sergeants Marty and Reinhold
DISTRIBUTED AND REVIEWED the contents of a PowerPoint presentation regarding the
department's recent participation in the Sonoma County Strike Teams fighting the Southern
California firestorms, and they responded to Council questions and comments.
2. Public Comments: None.
3. Council discussion: Council Members shared comments and expressed appreciation for the
efforts of the Sonoma County Strike Teams. Mayor Pro Tempore Mackenzie suggested that
Strike Team Leaders Marty and Reinhold be formally recognized by Council after they become
certified Strike Team Leaders.
6. 2007 FIRE CODE ORDINANCE:
Consideration of Proposed Amendments to Rohnert Park Municipal Code Chapter 15.28, Adopting
by Reference the 2006 Edition of the . International Fire Code and the 2007 Edition of the
California Fire Code, as Amended:
1. Staff Report: Fire Inspector Adam reviewed the contents of the Staff Report.
2. PUBLIC HEARING: Mayor Pro Tempore Mackenzie opened the Public Hearing at 7:57
p.m. There being no members of the pubic interested in speaking on this matter, Mayor Pro
Tempore Mackenzie closed the Public Hearing at 7:58 p.m.
3. Ordinance for Adoption:
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 Breeze, seconded by Council Member Stafford, to
adopt Ordinance No. 793. After Council discussion concluded, for said motion, which was
APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and Ordinance
No. 793 was ADOPTED BY ROLL CALL VOTE.
7. 2007 BUILDING CODE ORDINANCE:
Consideration of Proposed Amendments to Rohnert Park Municipal Code Title 15, Adopting by
Reference the 2007 Edition of the California Building Code, as Amended:
1. Staff Report: Building Official Bruck reviewed the contents of the Staff Report and responded
to Council questions and comments.
2. Public Comments: None.
City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 9) November 13, 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
3. Ordinance for Introduction:
No. 794 Adopting the 2007 California Building Standards Code by Reference,
Repealing Section 15.36.010 and Chapters 15.12, 15.13, and 15.30, Amending
Section 15.04.010 and Chapters 15.08, 15.16, 15.20, and 15.24 of, and Adding
Section 15.04.020 to Title 15, "Buildings and Construction," of the Rohnert
Park Municipal Code
Upon MOTION by Council Member Smith, seconded by Council Member Stafford, and
APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and Ordinance
No. 794 was INTRODUCED.
4. Resolution for Adoption:
2007 -193 Setting a Time and Place for a Public Hearing for Proposed Amendments to
the 2007 Edition of the California Building Code
Upon MOTION by Council Member Breeze, seconded by Council Member Smith, and
APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and Resolution
2007 -193 was ADOPTED.
8. BICYCLE ADVISORY COMMITTEE REPORT:
Consideration of a Recommendation by the Bicycle Advisory Committee to Draft an Ordinance
Prohibiting Bicycle Riding on Sidewalks:
1. Report by Bicycle Advisory Committee: Management Analyst Tacata reviewed the contents of
the Staff Report and responded to Council questions and comments. Ken Acton of the Bicycle
Advisory Committee DISTRIBUTED AND REVIEWED two articles about the importance
of having cyclists use on- street bike lanes.
2. Public Comments: None.
3. Council discussion/direction: Council discussion concluded with CONCURRENCE with
Option 2, as outlined in the Staff Report, to consider an ordinance to prohibit bike riding on
sidewalks in certain areas after the City's Bicycle and Pedestrian Master Plan update is
complete.
9. COMMITTEE ON THE SHELTERLESS (COTS): [Taken out of agenda order and considered
earlier in the meeting prior to agenda item No. 4, "Consent Calendar "]
10. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Parks, Recreation, and Open Space Committee meeting, 10/24: Council Member Stafford
provided a brief report.
2. Redwood Empire Municipal Insurance Fund meeting, 10/25: Council Member Smith provided
a brief report.
3. Sonoma County Agricultural Preservation and Open Space District Advisory Committee
meeting, 10/25: Council Member Smith provided a brief report.
City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 9) November 13 2007
for City Council /Community Development Commission / Rohnert Park Financing Authority
4. Waste and Recycling Subcommittee meeting, 11/6: Council Member Smith provided a brief
report.
Council discussion /direction: Council CONCURRED with City Manager Donley's
recommendations that (1) additional contract provisions to be considered at a future Council
meeting, and (2) a letter of intent regarding the purchase of trucks be placed on the next agenda
for Council consideration.
5. Other informational reports, if any:
Association of Bay Area Governments — Metropolitan Transportation Commission Forum: Bay
Area on the Move, .10/26: Mayor Pro Tempore Mackenzie CIRCULATED a report for
Council perusal.
Vida Nueva Groundbreaking Ceremony, 10/26: Mayor Pro Tempore Mackenzie provided a
brief report.
Cotati - Rohnert Park Unified School District Special Board Meeting — Demographer's Report,
10/30: Council Member Smith provided a brief report.
Solar Sonoma meeting, 11 /1: Council Member Smith provided a brief report.
California Department of Water Resources Water Education Foundation — Small Water Supply
Systems: Assessment of Drought Preparedness, 11 /1: Mayor Pro Tempore Mackenzie
provided a brief report.
Healthy by Design, 11/2: Mayor Pro Tempore Mackenzie and Council Member Stafford
provided a brief report.
San Francisco Estuary Project Implementation Committee meeting, 11/2: Council Member
Smith provided a brief report.
Step It Up — Climate Protection Campaign Event, 11/3: Council Member Smith provided a
brief report.
Health Care in Crisis meeting, 11/6: Council Member Smith provided a brief report.
Symposium Re: Emerging Contaminants in Wastewater, 11 /8: Mayor Pro Tempore Mackenzie
and Council Member Smith provided a brief report.
Veterans' Day Tuskegee Airmen celebration in Marin County: Council Member Smith
provided a brief report.
Veterans' Day celebration at the Rohnert Park Community Center: Mayor Pro Tempore
Mackenzie provided a brief report, noting that Mayor Vidak- Martinez and Council Member
Stafford were also in attendance.
City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 9) November 13, 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
11. COMMUNICATIONS:
No communications raised.
12. 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.
3. Santa Rosa Plain Conservation Strategy Implementation Committee (California Tiger
Salamander) (JM) — Consideration of Draft Implementation Plan: Mayor Pro Tempore
Mackenzie provided a brief report.
Council discussion/direction: Council CONCURRED to authorize Mayor Pro Tempore
Mackenzie to represent the City Council at a meeting on November 21, 2007 regarding the
draft implementation plan and future enacting ordinances to impose mitigation and other
requirements in conservation strategy.
4. Other informational items, if any:
Council Member Walk: Council Member Smith briefly discussed his plans to arrange a non -
City- sponsored walk for the Council Members sometime in April, 2008. He noted that he will
consult with City Attorney Kenyon regarding noticing requirements.
13. CITY MANAGER'S /CITY ATTORNEY'S REPORTS:
1. Jewish Free Clinic Building Fees: City Manager Donley reviewed the contents of the
Memorandum per thismatter.
Council discussion/direction: Council CONCURRED with the recommendation of City
Manager Donley, as outlined in the Memorandum, to direct staff to prepare fee deferral
authorization with necessary public benefit finding for approval by the Council at a future
meeting.
2. Other informational items, if any:
a. Comprehensive Work Plan: City Manager Donley provided an oral report on said matter,
noting that all goals and work plans will be compiled in a single document for Council
consideration at a later date.
b. Meeting with PG &E: City Manager Donley provided an oral report on a meeting with
PG &E last week regarding implementation of the Green Building Ordinance.
14. PUBLIC COMMENTS: None.
ADJOURNMENT: Mayor Vidak r, main°, Pro Tempore Mackenzie adjourned the City Council
meeting at 9:10 p.m. to consecutively and separately convene the meetings of the
Community Development Commission and the Rohnert Park Financing Authority.
*CORRECTION ABOVE made at the November 27, 2007 City Council meeting by Mayor Vidak- Martinez.
(Deletions lined out; Additions underlined.)
City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 9) November 13 2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ROHNERT PARK
Tuesday, November 13, 2007
Call to Order: 9:10 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford
Absent: Vidak- Martinez (Out of town on City business — National League of Cities)
Also present: Executive Director Donley, General Counsel Kenyon, and Assistant Executive Director
Schwarz
Unscheduled public appearances: None.
1. CDC CONSENT CALENDAR:
1. Approval of Meeting Minutes for:
CDC Portion of Regular Concurrent Meetings — October 23, 2007
2. Approval of CDC Bills/Demands for Payment in the amount of $209,619.29
3. CDC Resolutions for Adoption:
2007 -29 Submitting the Redevelopment Annual Report for Fiscal Year Ending
June 30,-2007, to the City Council of the City of Rohnert Park
2007 -30 Authorizing and Approving the Eighth Amendment to the Agreement
between the Sonoma County Community Development Commission and
the Community Development Commission of the City of Rohnert Park
2007 -31 Authorizing and Approving an Affordable Housing and Loan Agreement
by and among the Community Development Commission of the City of
Rohnert Park, the City Council of the City of Rohnert Park and Rainbow -
Copeland Creek, LLC
A MOTION was made by Commissioner Breeze, seconded by Commissioner Smith, to approve
the Consent Calendar. After the motion, reading was waived, and the CDC Consent Calendar, as
outlined in the agenda, was APPROVED 4 -0 -1 with Chairperson Vidak- Martinez absent.
2. ADJOURNMENT: There being no further business, Chairperson Pro Tempore Mackenzie
adjourned the CDC meeting at 9:11 p.m.
City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 9) November 13.2007
for City Council /Community Development Commission/Rohnert Park Financing Authority
MINUTES FOR THE
ROHNERT PARK FINANCING AUTHORITY
Tuesday, November 13, 2007
Call to Order: 9:11 p.m.
Roll Call: Breeze, Mackenzie, Smith, Stafford
Absent: Vidak- Martinez (Out of town on City business — National League of Cities)
Also present: Executive Director Donley, General Counsel Kenyon, and Assistant Executive Director
Schwarz
Unscheduled public appearances: None.
1. RPFA CONSENT CALENDAR:
Approval of Minutes for:
RPFA Portion of Regular Concurrent Meetings — October 23, 2007
A MOTION was made by Member Breeze, 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 APPROVED 4 -0 -1 with Chairperson Vidak- Martinez absent.
2. ADJOURNMENT: There being no further business, Chairperson Pro Tempore Mackenzie
adjourned the meeting of the RPFA at 9:11 p.m.
*Ka a nard
Certified Shorthand Reporter
C.S.R. 11599
*(Minutes written in absentia)
Jake Mackenzie
Mayor Pro Tempore
City of Rohnert Park