2010/02/23 City Council MinutesMINUTES OF THE ROHNERT PARK CITY COUNCIL
Community Development Commission
Rohnert Park Financing Authority
JOINT REGULAR MEETING
Tuesday, February 23, 2010
MEETING LOCATION: CITY HALL — COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
The Rohnert Park City Council, Community Development Commission of the City of Rohnert
Park, and the Rohnert Park Financing Authority met this date for the Joint Regular Meeting
scheduled to commence at 6:00 p.m. with Mayor Stafford presiding.
1. CITY COUNCIL, CDC & RPFA JOINT REGULAR MEETING - Call to Order /Roll Call
Mayor Stafford called this meeting to order at 6:22 p.m.
Present: Pam Stafford, Mayor
Gina Belforte, Vice Mayor
Arnie Breeze, Council Member
Joseph T. Callinan, Council Member
Jake Mackenzie, Council Member
Absent: None
Staff and /or consultant participants: Daniel Schwarz, Interim City Manager; Michelle
Marchetta Kenyon, City Attorney; Sandy Lipitz, Director of Administrative Services; Cathy
Orme, Accounting Manager; Linda Babonis, Housing & Redevelopment Manager; Brian
Goodman, Housing & Redevelopment Assistant; Darrin Jenkins, Director of Development
Services; John McArthur, Director of Public Works & Community Services; Brian
Masterson, Director of Public Safety; 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 - Riley Moore, Student, Thomas Page Elementary School,
led the pledge of allegiance. Mayor Stafford presented Riley with a card and a pen.
3. SSU STUDENT REPORT - Jesse Schwartz, SSU ASI Legislative Representative, Sonoma
State University Associated Students, Inc. reported on current activities at SSU.
4. PRESENTATIONS -None
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (2 of 7) February 23 2010
_ for City Council /Community Development Commission / Rohnert Park Financing Authority
5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS
1. Special Enforcement Unit (SEU) Report and Acknowledgment of Federated Indians
of Graton Rancheria (FIGR) Funding — Director of Public Safety Masterson referred to
the hard copy of this report distributed at the dais which was previously provided
electronically to Council and shared highlights of accomplishments, cases and projects by
the Special Enforcement Unit. He commended the work this unit does and the funding
contribution for this unit from the Federated Indians of Graton Rancheria. Interim City
Manager Schwarz also commended the importance of this unit and indicated that the City
could not afford what the Tribe contributes for the Special Enforcement Unit.
Mayor Stafford acknowledged Greg Sarris, President of the Federated Indians of Graton
Rancheria, with many representative of the Tribe present in the audience, and invited him
to the podium to speak. Mr. Sarris indicated that the funding for the Special Enforcement
Unit is the will of the Tribe and the many representatives of the Tribe were here tonight to
come forward and let the City Council know this is what they wanted all along, to help
work with the Council to create a safe city. He commented that the Memorandum of
Understanding (MOU) between the City and the Tribe provides opportunities that will
benefit everyone, not only the Tribe, but the community.
Council comments commended the SEU Report and expressed appreciation to FIGR
President Greg Sarris and the Tribe for the contributions benefiting the entire community.
V^° Mayor Belf i4e Council Member Breezes recommended formal appreciation from
the City Council to the Tribe in the future with the presentation of a resolution or
proclamation. Council agreed.
2.a Department of Public Safety — Investigation Changes — Sergeant Jeff Nicks reviewed
the report distributed at the meeting for this item entitled, "2009 High. Technology Crime
in California: Annual Report to the Governor & Legislature" and responded to Council
questions. Council commended this report and the effective efforts of the Department of
Public Safety on making the community a safer place.
2.b Department of Public Safety — Grant from California Department of Justice
Director of Public Safety Brian Masterson reported on the recent grant received in the
amount of $80,000 through the California Department of Justice. His comments included
noting this is a win/win situation with receiving these funds and expanding our reputation
with Public Safety Officers' involvement in the task force. Interim City Manager
Schwarz commended Chief Masterson's hard work on this effort to secure this
opportunity for Rohnert Park.
3. Northeast Specific Plan Draft Environmental Impact Report (DEIR) Public Comment
Hearing at the Planning Commission meeting of February 25, 2010 at 7:00 p.m.
Building and Planning Manager Marilyn Ponton explained this item which included
noting that the Planning Commission will not take action at this time but will receive
comments to March 15th on this proposed plan.
'CORRECTION made by Council Member Breeze at the March 9, 2010, City Council meeting.
(Addition underlined /deletion stricken.)
Minutes of the City of Rohnert Park JOINT REGULAR MEETING Q of 7) February 23, 2010
_for City Council /Community Development Commission /Rohnert Park Financing Authority
6. PUBLIC COMMENTS — Mayor Stafford invited public comments at 6:57 p.m. She advised
that budget items were already discussed during the work session scheduled prior to this
regular meeting and the budget work session will be reconvened this evening. She noted that
the decision has been made to keep the Performing Arts Center open as a rental only facility.
1. Bill Conner, Rohnert Park, expressed support of keeping at least two pools open.
2. Lyndi Brown, Penngrove, not present, submitted a speaker card indicating support of
keeping pools open.
3. Wade H. Cooper, Rohnert Park, expressed support of keeping pools open.
4. Amy Heflin, Rohnert Park, expressed support of keeping pools open.
5. Yijie Shinn, Rohnert Park, expressed support of keeping pools open.
6. Cheryl Kaul, Rohnert Park, expressed support of keeping pools open.
7. John Metras, Cotati, as a music teacher, expressed support of maintaining operations at
the Performing Arts Center instead of making it a rental facility.
8. Matthew Gilster, Rohnert Park, as lifeguard at Honeybee Pool, expressed support of
keeping at least one pool open on both sides of town.
9. Raghda Zacharia, Rohnert Park, expressed support of the Piranha Swim Team and
keeping pools open.
10. Mike Sweeney, Sebastopol, expressed support of keeping pools open.
11. Larry Jorgensen, Petaluma, expressed support of keeping pools open.
12. Darlene Follansbee, Rohnert Park, as the mother of two daughters on the Piranha Swim
Team, expressed support of keeping at least one pool open year round and a pool open on
each side of town.
13. Diana Steil, Santa Rosa, as an ex- Piranha Swim Team mom, expressed support of
keeping pools open.
RECESS: Mayor Stafford recessed this meeting for a dinner break at 7:32 p.m.
RECONVENE:
Mayor Stafford reconvened this meeting at 8:00 p.m. with all Council Members present.
7. CONSENT CALENDAR
Mayor Stafford advised all items on the consent calendar were considered together by one
action of the City Council, the Community Development Commission, and /or the
Rohnert Park Financing Authority, whichever is applicable, unless any Council Member
or anyone else interested in a consent calendar item had a question about the item.
Council Member Callinan pulled item La on the special meeting minutes.
1. Approval of Minutes for:
b. City- CDC -RPFA Joint Regular Meeting — February 9, 2010
2. Acceptance of Reports for:
a. City Bills /Demands for Payment
b. CDC Bills /Demands for Payment
c. CDC Cash/Investments Report for Month Ending January 31, 2009
d. RPFA Cash/Investments Report for Month Ending January 31, 2009
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (4 of 7) February 23, 2010
_ for City Council/Community Development Commission /Rohnert Park Financing Authority
3. City Council Resolutions for Adoption:
a. 2010 -13 Rejecting the Claim of James E. Bruns (re: Alleged City leaves blowing on
his property)
b. 2010 -14 Approving a Reimbursement Agreement between the City of Rohnert
Park and Sonoma Mountain Village, LLC
c. 2010 -15 Amending the ICMA -RC Deferred Compensation Plan (457 Plan)
d. 2010 -16 Approving a Cooperation, Purchase and Sale Agreement between the City
of Rohnert Park and the Community Development Commission of the City
of Rohnert Park (CDC) for Assessor's Parcel No. 045- 081 -007 and
Authorizing the City Manager to Execute the Agreement
e. 2010 -17 Approving a Cooperation, Purchase and Sale Agreement between the City
of Rohnert Park and the Community Development Commission of the City
of Rohnert Park (CDC) for Assessor's Parcel Number 045 - 082 -053 and
Authorizing the City Manager to Execute the Agreement
4. CDC Resolutions for Adoption:
a. 2010 -03 Approving a Cooperation, Purchase and Sale Agreement between the City
of Rohnert Park and the Community Development Commission of the City
of Rohnert Park (CDC) for Assessor's Parcel No. 045- 081 -007 and
Authorizing the Executive Director to Execute the Agreement
b. 2010 -04 Approving a Cooperation, Purchase and Sale Agreement between the City
of Rohnert Park and the Community Development Commission of the City
of Rohnert Park (CDC) for Assessor's Parcel Number 045- 082 -053 and
Authorizing the Executive Director to Execute the Agreement
MOTION by Council Member Mackenzie to adopt the Consent Calendar with the exception of
Item La on the special meeting minutes, seconded by Vice Mayor Belforte, CARRIED
UNANIMOUSLY, reading was waived and said motion was APPROVED.
Items for consideration:
1. Approval of Minutes for:
a. City Council Special Meeting — February 9, 2010
Council Member Callinan referred to Item #5 of these minutes on the Mayor's Report
on Closed Session indicating "no reportable action" and shared a portion of
information from the League of California Cities on the Brown Act that an oral or
written report must be provided on actions taken during closed session. Discussion
included City Attorney Kenyon advising that nothing that occurred in the closed
session of February 9th was reportable according to the Brown Act. Further
discussion concluded in Council agreement that the Mayor could read out the titles of
the closed session items as listed on the agenda to provide the information to the
listening audience.
MOTION by Council Member Callinan to approve the February 9, 2010 City Council
Special Meeting Minutes as submitted, seconded by Vice Mayor Belforte, CARRIED
UNANIMOUSLY, reading was waived and said motion was APPROVED.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (5 of 7) February 23, 2010
_for City Council/Community Development Commission / Rohnert Park Financing Authority
8. REGIONAL WATER EFFICIENT LANDSCAPE ORDINANCE — Consideration of
adopting a Regional Water Efficient Landscape Ordinance or adhering to the state ordinance
currently in effect.
1. Staff Report — Planning and Building Manager Marilyn Ponton reviewed the report
provided for this item via power point presentation and responded to Council questions.
She introduced the local leader of the Regional Stakeholders Group, Daniel Muelrath.
2. Review by Regional Stakeholders Group — Representative Daniel Muelrath responded to
Council questions on this item.
3. Public Comments —None
4. Council discussion /direction
Discussion ensued on this item which included: MOTION by Council Member Callinan
to go with the state ordinance for this item, seconded by Council Member Breeze, and
following discussion of the motion, FAILED 2 — 3 with Vice Mayor Belforte, Council
Member Mackenzie and Mayor Stafford dissenting, said motion was NOT APPROVED.
MOTION by Vice Mayor Belforte to refer this matter to the Water Issues Subcommittee
for review and recommendation, seconded by Council Member Mackenzie, and following
discussion of the motion, CARRIED 3 — 2 with Council Members Breeze and Callinan
dissenting, said motion was APPROVED.
RECESS: Mayor Stafford recessed this joint regular meeting at 8:47 p.m. to reconvene the joint
special meeting scheduled earlier today for the Budget Work Session.
RECONVENE: Mayor Stafford reconvened this joint regular meeting at 10:29 p.m. with all
Council Members present.
9. RESOLUTION DECLARING A FISCAL EMERGENCY — Consideration of declaring a
fiscal emergency and adopting a resolution finding and declaring that a fiscal emergency exists.
1. Staff Report — Interim City Manager Schwarz reviewed the staff report for this item which
included reading the findings as indicated in the report for this item.
2. Public Comments — Mayor Stafford invited public comments at 10:33 p.m. No one
responded.
3. City Resolution for Adoption: [Article XIIIC, Section 2(b) of the California Constitution
requires a unanimous vote for approval of this item]
a. 2010 -18 Finding and Declaring that an Emergency Exists that Requires Asking the
Voters to Approve an Essential Services Temporary Funding Measure
i. Council motion — MOTION by Council Member Mackenzie to adopt
Resolution No. 2010 -18 which included reading the above resolution title,
seconded by Council Member Breeze.
ii. Council discussion ensued.
iii. Council roll call vote — CARRIED UNANIMOUSLY, reading was waived
and via roll call vote said motion was APPROVED.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (6 of 7) February 23, 2010
-for City Council /Community Development Commission /Rohnert Park Financing Authority
10. REVENUE BALLOT MEASURE — Consideration of Calling for an Election in June 2010
asking the voters of Rohnert Park to Approve a Temporary Funding Measure
1. Staff Report — Interim City Manager Schwarz explained the staff report provided for this
item and responded to Council questions.
2. Public Comments — Mayor Stafford invited public comments at 10:45 p.m. No one
responded.
3. City Resolution for Adoption:
a. 2010 -19 Calling an Election to Ask the Voters of the City of Rohnert Park to
Approve a Five Year General Transactions and Use Tax of One -Half
Cent; Requesting that the Board of Supervisors of the County of
Sonoma Consolidate the Election with the Established Election to be
Held on June 8, 2010; and Directing the County Elections Department
to Conduct the Election on the City's Behalf
i. Council motion — MOTION by Council Member Mackenzie to adopt
Resolution No. 2010 -19 which included reading the above resolution title,
seconded by Council Member Breeze.
ii. Council discussion — None.
iii. Council vote — CARRIED UNANIMOUSLY, reading was waived and said
motion was APPROVED.
MOTION by Council Member Callinan to continue the remaining agenda items to the next agenda,
seconded by Council Member Breeze, CARRIED UNANIMOUSLY, and said motion was APPROVED.
Due to the lateness of the hour, in accordance with the preceding approved motion, the following
items as listed on the agenda of the open session were not handled at this meeting and were
continued to the next regular meeting:
11. CAMPAIGN FINANCE REGULATIONS
12. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS
13. COMMUNICATIONS
14. MATTERS FROM/FOR COUNCIL
15. PUBLIC COMMENTS — None.
16. ADJOURN TO CITY COUNCIL CLOSED SESSION IN CONFERENCE ROOM 2A
Mayor Stafford adjourned this meeting at 10:47 p.m. to closed session to consider:
1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code §54957.6)
Agency designated representative: Daniel Schwarz, Interim City Manager
Rohnert Park Employees' Association (RPEA)
Rohnert Park Public Safety Officers' Association (RPPSOA)
Service Employees' International Union (S.E.I.U.) Local 1021
Rohnert Park Public Safety Managers' Association (RPPSMA)
2. PERSONNEL MATTERS (Government Code §54957)
a. Public Employment
Title: City Manager
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (7 of 7) February 23, 2010
-for City Council/Community Development Commission /Rohnert Park Financing Authority
17. RECONVENE JOINT REGULAR MEETING OPEN SESSION
Mayor Stafford reconvened this meeting to open session at 11:05 p.m.
18. MAYOR'S REPORT ON CITY COUNCIL CLOSED SESSION (Government Code § 54957.])
Mayor Stafford advised Council met in closed session regarding matters listed on the agenda
for this meeting. She read the content of the agenda titles listed for this closed session and
advised there was no reportable action from closed session.
19. ADJOURNMENT of City Council - CDC -RPFA Joint Regular Meeting
Mayor Stafford adjourned this meeting at 11:06 p.m.
Jud auff, City C
City of Rohnert Par
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Pam Stafford, ayor
City of Rohnert Park