2009/11/24 City Council MinutesMINUTES OF THE ROHNERT PARK CITY COUNCIL
Community Development Commission
Rohnert Park Financing Authority
CONCURRENT MEETINGS
Tuesday, November 24, 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.
1. CITY COUNCIL REGULAR MEETING - CALL TO ORDER/ROLL CALL.
CALL TO ORDER — The Regular Meeting of the City Council of the City of Rohnert
Park was called to order by Mayor Breeze at 6:19 p.m.
ROLL CALL Present: Amie Breeze, Mayor
Gina Belforte, Vice Mayor
Joseph T. Callinan, Council Member
Jake Mackenzie, Council Member
Pam Stafford, Council Member
Absent: None
Staff and /or consultants participating in all or part of this session: Daniel Schwarz, Interim City
Manager; Suzanne Brown, Special Counsel; Benjamin Winig, Assistant City Attorney; Darrin
Jenkins, Director of Development Services /City Engineer; Marilyn Ponton, Planning Manager;
Director of Development Services /City Engineer; Linda Babonis, Housing and Redevelopment
Manager; John McArthur, Director of Public Works and Community Services; Barbara Denlis,
Neighborhood Preservation Officer; Richard Pedroncelli, Senior Engineering Technician; and
Judy Hauff, City Clerk.
Community Media Center staff present for the recording and televised production of this meeting:
Josh Jacobsen, Video Technician and Josh Cimino, Video Technician.
2. . PLEDGE OF ALLEGIANCE
Travis Jenkins, 2nd Grade Student, Marguerite Hahn Elementary School, led the Pledge of
Allegiance. Mayor Breeze presented Travis with a card and pen.
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (2 of 10) November 24, 2009
for City Council/Community Development Commission /Rohnert Park Financing Authority
3. PRESENTATIONS
1. Mayor's Presentation to Roger Kirkpatrick, Committee on the Shetlerless (COTS)
Mayor's presentation of City Council Resolution No. 2009 -121 Honoring Roger
Kirkpatrick of the Committee on the Shelterless (COTS) on the occasion of his
retirement. — Mayor Breeze _read the resolution and presented. it to Roger Kirkpatrick.
Mr. Kirkpatrick expressed appreciation for this recognition, commented on the success
of this program, and recognized members of COTS present in the audience.
2. Presentation by Neighbors Organized Against Hunger (NOAH)
Presentation by Newt Kerney, President of Neighbors Organized Against Hunger
(NOAH) — Mr. Kerney recognized NOAH representatives and board members present
in the audience, made this presentation via power point, and responded to Council
questions on this program. He distributed a brochure explaining the program and
recognizing Supporting Organizations that solicit volunteers from their organizations
and from the community to help with the shopping, packaging, and distribution of food
to individuals in need. Discussion concluded in COUNCIL CONCURRENCE for
Interim City Manager Schwarz to meet with NOAH representatives to discuss options
regarding their need for a centralized and more permanent location.
3. Chamber of Commerce Quarterly Report
Chamber of Commerce Quarterly Report by Roy Gugliotta, Executive Director,
Rohnert Park Chamber of Commerce — Mayor Breeze advised that Ann Mogel would
be giving this report in the absence of Roy Gugliotta who was not available this evening
due to illness. Ann Mogel provided the Chamber of Commerce Quarterly Report and
responded to Council questions. She distributed a flyer on the Holiday Lights
Celebration hosted by the Rohnert Park Chamber of Commerce and the Community
Voice scheduled on Saturday, December 5, 2009 from 1:00 p.m. to 6:00 p.m. at the
Rohnert Park Community Center followed by the Tree Lighting Ceremony from 6:30
p.m. to 7:30 p.m. at the City Center Plaza. She reviewed other upcoming events
scheduled in December and responded to further Council questions.
4. SSU STUDENT REPORT ,
Jesse Schwartz, Legislative Representative for Sonoma State University (SSU) Associated
Students, Inc. (ASI) provided this report which included advising SSU ASI passed a
resolution recently urging the Department of Social Sciences to change the name of a major
from engineering to electrical engineering. The Men's basketball season started and they
lost the first couple of games. Finals are about three weeks away. He responded to Council
question that he hasn't heard anything locally pertaining to some colleges going to three
year programs due to numbers of students. In response to SSU Student Schwartz's inquiry
on the City new parking permit program, Interim City Manager Schwarz responded that no
parking petitions have been received yet at City Hall.
5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS
1. Proposition 1A Securitization Update — Interim City Manager Schwarz provided this
update on Proposition IA Securitization indicating the City did apply and bond was
issued so will be entitled to receiving the equivalent of $600,000 and will forego
interest. He responded to the Mayor's question that interest would have been whatever
the going rate was at the time of issuance.
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (3 of 10) November 24, 2009.
-for City Council /Community Development Commission /Rohnert Park Financing Authority
2. Graffiti Abatement /Code Enforcement — Interim City Manager Schwarz provided
introductory comments for this item. Planning Manager Ponton reviewed this report on
Graffiti Abatement/Code Enforcement via power point presentation and responded to
Council questions. She recognized other staff members present at tonight's meeting,
John McArthur, Director of Public Works and Community Services, Linda Babonis,
Housing and Redevelopment Manager, and Barbara Denlis, Neighborhood Preservation
Officer, as part of joint efforts on this item. Ms. Ponton provided an overview of how
the departments are working together on this and exploring options. Mr. McArthur
reviewed the section of this report on Public Works responsibility and responded to
Council questions. Ms. Denlis explained the noticing procedure for this item and
responded to Council questions. Interim City Manager. Schwarz and Assistant City
Attorney Winig also responded to Council questions including confirmation of rules
about going on private property and the necessity of following practical procedures.
6. PUBLIC COMMENTS
Mayor Breeze invited public comments at 7:34 p.m. No one responded.
7. CONSENT CALENDAR
Mayor Breeze advised that all items on the consent calendar were to be considered together
by one action of the Council unless any Council Member or anyone else interested in a
consent calendar item had a question about the item.
Mayor Breeze pulled Resolution No. 2009 -125.
1. Approval of Minutes for:
a. City Council Special Meeting — November 10, 2009
b. City Council Portion of Regular Concurrent Meetings — November 10, 2009
2. Approval of City Bills /Demands for Payment
3. Acceptance of Cash/Investments Report for Month Ending October 2009:
4. Resolutions for Adoption:
a. 2009 -124 Honoring Eugene (Geno) Fahy, Public Safety Officer, on the
Occasion of his Retirement
d. 2009 -126 Approving an Amendment to Ground Lease Agreement with the
Community Development Commission for the Ground Lease of the
Community Center Complex
e. 2009 -127 Rescinding Resolution No. 2000 -95 and Resolution No. 2005 -241,
Administrative Policies on Releasing Payments
MOTION by Council Member Mackenzie to adopt the Consent Calendar with the
exception of Resolution No. 2009 -125, seconded by Council Member Stafford, and
CARRIED UNANIMOUSLY, reading was waived and the Consent Calendar with stated
exception was APPROVED.
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (4 of 10) November 24, 2009
for City Council /Community Development Commission/Rohnert Park Financing Authority
Item for consideration:
4. Resolution for Adoption:
c. 2009 -125 Approving Contract Change Order #9 for $67,151.00 with Ghilotti
Construction Co. for the City Center Plaza Project City Project No.
2006 -02
Interim City Manager Schwarz responded to Mayor Breeze's questions related to this item
pertaining to the water features, that staff is proceeding with the design process and making
cost effective changes to the water features based on complying with county regulations,
and that completion of the project was anticipated by spring.
MOTION by Council Member Mackenzie to adopt Resolution No. 2009 -125, seconded by
Council Member Callinan, and CARRIED UNANIMOUSLY, reading was waived and
Resolution No. 2009 -125 was APPROVED.
8. PARKING FINES/BAIL SCHEDULE
Consideration of increased fines and penalties for parking violations and establishing fines
and penalties for violations of the Rohnert Park Municipal Code related to Residential
Parking Permit Program
Mayor Breeze advised the public hearing for consideration of this item will be continued to
the January 12, 2010 Council meeting.
9. STADIUM LANDS AREA SUBDIVISION
Consideration of approving Parcel Map No. 180 and a Deferred Improvement Agreement,
accepting dedications, and authorizing the Mayor and Interim City Manager to execute
documents for finalizing the subdivision of the Stadium Lands Area
1. Staff Report — Darrin Jenkins reviewed the staff report provided for this item. No
questions from Council were indicated.
2. Public Comments — Mayor Breeze invited public comments at 7:40 p.m.
a. Ken Blackman, Santa Rosa, on behalf of Redwood Equities, reviewed concerns
regarding the placement of encumbrances on the parcels, distributed letter from
their attorney provided to the City Attorney this morning regarding the position of.
Redwood Equities on this matter, and recommended meeting with city
representatives to review this objectively and determine the best way to handle it.
3. Resolution for Adoption:
a. 2009 -128 Authorizing, Approving and Accepting Parcel Map No. 180 Subdivision
and Deferred Improvement Agreement For Stadium Lands Area (APNs
143 - 040 -116; 143- 040 -117)
i. Council motion by Council Member Mackenzie to adopt Resolution No. 2009 -128
in its entirety, seconded by Council Member Stafford
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (5 of 10) November 24, 2009
for City Council /Community Development Commission /Rohnert Park Financing Authority
ii. Council discussion ensued including the following comments for the record:
Assistant City Attorney Winig commented that the city is obligated under the
agreement alluded to by the last speaker to do certain things, one of which is to
approve this parcel map and the agreement that is an actual obligation the city has,
and believed that by doing so, this would not create any other conflicts with regard
to this agreement.
Mayor Breeze commented for clarification that what the Assistant City Attorney
referenced was once already approved. Assistant City Attorney Winig responded
there was a prior submittal of a map that was previously approved and this one is
seen as a way to ensure we are satisfied on the obligations of the agreement as
well.
Council Member Mackenzie indicated the spirit of the maker of the motion is that
discussions continue immediately to rapid resolution of these matters.
iii. Council vote on the motion on the floor CARRIED UNANIMOUSLY, reading
was waived and the adoption of Resolution No. 2009 -128 was APPROVED.
10. SKATEBOARD ORDINANCE AMENDMENT
Consideration of amending the Rohnert Park Municipal Code to prohibit the use of
skateboards, roller skates, in -line skates, coasters, scooters, and other similar devices on
certain public property in districts zoned for public use.
1. Staff Report — Interim City Manager advised that staff discovered an issue with this
item today and would like to move it to the January 12th Council meeting.
COUNCIL CONCURRED.
11. MILITARY LEAVE POLICY -Review of the City's Military Leave Policy
1. Staff Report — .Interim City Manager Schwarz reviewed the staff report provided for this
item and responded to Council questions.
2. Public Comments —Mayor Breeze invited public comments at 7:59 p.m. No one responded
3. Council discussion /direction — Discussion concluded in MOTION by Council
Member Callinan to give them (employees on military leave) 30 days (pay and benefits)
per provisions of State and Federal mandate, seconded by Vice Mayor Belforte
Discussion of the motion included clarification by Assistant City Attorney Winig that
the direction provided by Council from this motion may not be acceptable to bargaining
units, but knowing that it's a bargaining issue, Council can move forward with this.
Council vote on the motion on the floor CARRIED 4 — 1, with Council Member
Mackenzie dissenting, to give employees on military leave 30 days pay and benefits per
provisions of State and Federal mandate was APPROVED.
_Minutes of the City of Rohnert Park CONCURRENT MEETINGS (6 of 10) November 24, 2009
for City Council /Community Development Commission /Rohnert Park Financing Authority
12. SELECTION OF CITY COUNCIL OFFICERS FOR 2010
Consideration of nomination and selection of 2010 Mayor and Mayor Pro Tempore (Vice
Mayor) for installation at the December 8, 2009, City Council reorganization meeting
1. Selection of Mayor & Mayor Pro Tempore (Vice Mayor)
a. Council motion by Council Member Callinan to nominate Gina Belforte as Mayor
for 2010 and Pam Stafford as Vice Mayor, seconded by Mayor Breeze
Vice Mayor Belforte stated 'for the record that although she appreciated the
nomination by the maker and the seconder of the motion and appreciated very much
the faith and belief that she could do the position of Mayor, she would like to
withdraw her name from consideration for Mayor as she has some things coming up
next year that she thought would not make her the best choice for Mayor and that
taking on Mayor would be constraining and tie her hands from doing the job she
thought she should be doing.
Council motion by Council Member Mackenzie to nominate Pam Stafford as Mayor
for 2010 and Gina Belforte to continue as Vice Mayor, seconded by Council
Member Stafford
b. Council discussion ensued.
c. Council vote on the motion on the floor CARRIED UNANIMOUSLY, the
nomination of Pam Stafford as Mayor for 2010 and Gina Belforte to continue as
Vice Mayor was APPROVED.
13. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS
This time is set aside to allow members of the Council serving on Council subcommittees
or on regional boards, commissions or committees to present a verbal report to the full
Council on the activities of the respective boards, commissions or committees upon which
they serve. No action may be taken except to place a particular item on a future agenda for
Council consideration. '
1. Standing Committee Reports - None
2. Liaison Reports - None
3. Other Reports, if any - None
14. COMMUNICATIONS
Council Member Stafford called attention to the Arts & Crafts Faire to be held at the
Rohnert Park Community Center this Friday and Saturday, November 27th and 28th, from
10:00 a.m. to 4:00 p.m.
Council Member Stafford advised that the Library will be closed from December 24th to
January 4th. Vice Mayor Belforte commented on the Library's need for donations with its
current $500,000 deficit. Council Member Mackenzie noted that one way to support the
Library is to support the Friends of the Library with beneficial efforts of its bookstore.
'AMENDMENT made by Vice Mayor Belforte at the December 8, 2009 City Council meeting. (Addition underlined)
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (7 of 10) November 24, 2009
for City Council /Community Development Commission /Rohnert Park Financing Authority
15. MATTERS FROM/FOR COUNCIL
1. Calendar of Events — Mayor Breeze called attention to this item provided for
informational purposes.
2. City Council Agenda Forecast - Mayor Breeze called attention to this item provided
for informational purposes.
3. Consideration of Canceling December 22nd Regular Concurrent Meetings due to
holiday
a. Council discussion /direction /action
MOTION by Council Member Mackenzie to cancel the December 22nd City Council
meeting due to holiday, seconded by Council Member Callinan, CARRIED
UNANIMOUSLY, cancellation of the December 22nd City Council meeting was
APPROVED.
4. Mayor's Appointment of Ad -Hoc Committee for General Plan Implementation
Mayor Breeze reviewed reasons for recommending this General Plan Implementation
Ad -Hoc Committee per memorandum provided from Interim City Manager Schwarz.
Mayor Breeze requested Council Members Mackenzie and Callinan to serve on this Ad-
Hoc Committee. Both Council Members Mackenzie and Callinan indicated their
acceptance of the Mayor's appointments to this Ad -Hoc Committee with Council
Member Mackenzie noting that he would be out of the country from December 11 to
December 30 this year.
Interim City Manager Schwarz referred to his memo provided for this item and
acknowledged the need to clearly define the assignment of an ad -hoc committee as
required by law. The purpose of this Ad -Hoc Committee is tied to efforts toward
completion of development agreements, with the City having one development
agreement well under way, pertaining to earlier discussions during this Council
meeting, with the other two in their infancy.
5. Other informational items:
a. Student Explorers Weekend with Civil Air Patrol — Vice Mayor Belforte
commended recent voluntary efforts of four Police Officers, Sergeant Mike Bates and
Public Safety Officers Tara Douglas, Ryan Foiles and Debra Zanini, for planning an
event to take twelve to fifteen Explorers, a group of young students up to the age of
18, to participate for the weekend in the successful training experience with the Civil
Air Patrol on how to find someone lost in the forest. She expressed appreciation to the
four officers for their voluntary efforts planning this event and to PSO's Foiles and
Zanini for attending this event for the weekend.
b. City Hall closing during holidays — Interim City Manager Schwarz announced that
Rohnert Park City Hall will be closed during the upcoming holidays from December
th to re -open January 4th
24 . Public Works Corp Yard and the Public Safety Building
will remain open and will have signage directing residents on what limited options
are available to contact someone if needed, and will continue to offer the Recreation
Services as appropriate.
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (8 of 10) November 24, 2009
for City Council /Community Development Commission /Rohnert Park Financing Authority
c. Water Issues — Council Member Mackenzie advised that the Technical Advisory
Committee (TAC) will be meeting on December 7th when the draft budget will be
presented by the Sonoma County Water Agency (SCWA). Secondly, the recently
formed Water Supply Coordinating Council will meet on the afternoon of
December 7th for its second meeting on efforts to give direction to make sure
meetings with the Water Agency Staff and Technical Staff are on track and will be
releasing its first reports on efforts for the implementation plan to be put in place for
a transparent process. Council will also receive a letter in the near future stating the
wish of Chair Kelley and one other Supervisor to meet with the City Councils of
each of the water contracting agencies.
d. Funding Reports from Washington D.C. — Council Member Mackenzie advised
that while he was in Washington, D.C. last week he had the opportunity to meet
regarding distribution of Corp of Engineers funding, with unsuccessful results for
our community. He also had the opportunity to talk about the Sonoma County
Energy Independence Program, which is of great interest in Washington, toward
efforts of providing jobs for construction companies and starting to see some real
impact. Council Member Mackenzie noted that Public Works Director McArthur is
working on the Retrofit Countywide Program.
16. PUBLIC COMMENTS
Mayor Breeze invited public comments at 8:35 p.m. No one responded
17. ADJOURNMENT — There being no further business, Mayor Breeze adjourned the City
Council regular meeting at 8:35 p.m. to consecutively and separately convene the meetings
of Community Development Commission & Rohnert Park Financing Authority.
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (9 of 10) November 24 2009
-for Caty Council/Community Development Commission /Rohnert Park Financing Authority
MINUTES OF THE COMMUNITY DEVELOPMENT COMMISSION (CDC)
OF THE CITY OF ROHNERT PARK
Tuesday, November 24, 2009
Meeting Location: City Hall, 130 Avram Avenue, Rohnert Park, CA
1. CDC MEETING — Call to Order/Roll Call
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 8:35 p.m.
ROLL CALL Present: Arnie Breeze, Chair
Gina Belforte, Vice Chair
Joseph T. Callinan, Commissioner
Jake Mackenzie, Commissioner
Pam Stafford, Commissioner
Absent: None
Staff participants: 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, Video Technician and Josh Cimino, Video Technician.
2. PUBLIC COMMENTS — Chair Breeze invited public comments. No one responded.
3. CDC CONSENT CALENDAR
1. Approval of Meeting Minutes for:
a. CDC Portion of Regular Concurrent Meetings — November 10, 2009,
2. Approval of CDC Bills /Demands for Payment
3. Approval of CDC Cash Reports for Month Ending October 2009
4. Resolution for Approval:
2009 -16 Approving an Amendment to Ground Lease Agreement with the City of
Rohnert Park for the Ground Lease of the Community Center Complex
MOVED by Commissioner Mackenzie to approve the CDC Consent Calendar, seconded
by Commissioner Callinan, and CARRIED UNANIMOUSLY, reading was waived and
the CDC Consent Calendar was APPROVED.
4. ADJOURNMENT of CDC meeting — There being no further business, Chair Breeze
adjourned the CDC regular meeting at 8:37 p.m.
Minutes of the City of Rohnert Park CONCURRENT MEETINGS (10 of 10) November 24, 2009
for `City Council/Community Development Commission /Rohnert Park Financing Authority
MINUTES OF THE ROHNERT PARK FINANCING AUTHORITY (RPFA)
Tuesday, November 24, 2009
Meeting Location: City Hall, 130 Avram Avenue, Rohnert Park, CA
1. RPFA MEETING — Call to Order/Roll Call
CALL TO ORDER — The Regular Meeting of the Rohnert park Financing Authority
was called to order by Chair Breeze at 8:37 p.m.
ROLL CALL Present: Arnie Breeze, Chair
Gina Belforte, Vice Chair
Joseph T. Callinan, Board Member
Jake Mackenzie, Board Member
Pam Stafford, Board Member
Absent: None
Staff participants: 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, Video Technician and Josh Cimino, Video Technician.
2. PUBLIC COMMENTS
Chair Breeze invited public comments at 8:37 p.m. No one responded.
3. RPFA CONSENT CALENDAR
1. Approval of Minutes for: '
a. RPFA Portion of Regular Concurrent Meetings — November 10, 2009
2. Approval of RPFA Cash Reports for Month Ending October 2009
MOTION by Board Member Mackenzie to approve the RPFA Consent Calendar,
seconded by Board Member Callinan, and CARRIED UNANIMOUSLY, reading was
waived and the RPFA consent Calendar was APPROVED.
4. ADJOURNMENT of RPFA meeting — There being no further business, Chair Breeze
adjourned the RPFA meeting at 8:38 p.m.
Jud auff, City k
Cify of Rohnert Park
an Aq
Amie Breeze, Ma r
City 9f Rohnert Park