2010/07/27 City Council MinutesMINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Community Development Commission
Rohnert Park Financing Authority
Tuesday, July 27, 2010
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CALL TO ORDER/ROLL CALL
The Joint Regular Meeting of the Rohnert Park City Council, Community Development
Commission of the City of Rohnert Park, and Rohnert Park Financing Authority was called to
order by Mayor Stafford at 5:02 p.m.
Present: Pam Stafford, Mayor
Gina Belforte, Vice Mayor
Jake Mackenzie, Council Member
Late: Amie Breeze, Council Member (Arrival time signified later in these minutes)
Joseph T. Callinan, Council Member (Arrival time signified later in these minutes)
Staff and /or consultant participants: John Dunn, Interim City Manager; Michelle Marchetta
Kenyon, City Attorney; Sandy Lipitz, Director of Administrative Services; Cathy Orme,
Accounting Manager; Gene Abravaya, PAC Theater Manager; Linda Babonis, Housing &
Redevelopment Manager; Brian Masterson, Director of Public Safety; Wulff Reinhold, Public
Safety Technical Advisor; Darrin Jenkins, Director of Development Services /City Engineer; and
Judy Hauff, City Clerk.
Community Media Center staff present for the recording and televised production of this meeting:
Video Technicians Josh Jacobsen and Josh Cimino.
2. PLEDGE OF ALLEGIANCE - The following Boy Scouts of Rohnert Park Troop led the
Pledge of Allegiance: Danny Luna, Analy High School; James Fike, Lawrence Jones Middle
School; and Jacob Austring, Technology High School.
Council Members Breeze and Callinan arrived at this meeting at 5:04 p.m.
3. PRESENTATIONS
A. Mayor's Presentation of Certificate and Award of Financial Reporting Achievement for
Fiscal Year Ended June 30, 2009 from Government Finance Officers Association
Mayor Stafford shared comments commending efforts of the Finance Department for
receiving this prestigious award and made the presentation to Sandy Lipitz, Director of
Administrative Services, and Cathy Orme, Accounting Manager.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (2 of 9) July 27, 2010
for City Council /Community Development Commission /Rohnert Park Financing Authority
B. Mayor's Presentation of Proclamation Proclaiming that an Award of Recognition for
Outstanding Community Service be Presented to Chamber of Commerce Member,
Mary's Pizza Shack
Mayor Stafford shared contents of this Proclamation and made the presentation to Cully
Williamson, Owner, Mary's Pizza Shack.
PUBLIC COMMENTS — Mayor Stafford invited public comments at 5:08 p.m.
Jim Stevens, Rohnert Park, shared concerns and made recommendations about parking for
Sonoma State University and M Section.
4. RECESS TO CITY COUNCIL CLOSED SESSION IN CONFERENCE ROOM 2A
Mayor Stafford recessed the meeting at 5:12 p.m. to City Council Closed Session to consider:
A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code
§54956.9
B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code §54957.6)
Agency designated representative: John Dunn, Interim City Manager
Employee organizations: Service Employees' International Union (S.E.I.U.) Local 1021
Rohnert Park Public Safety Officers' Association (RPPSOA)
Rohnert Park Public Safety Managers' Association (RPPSMA)
5. RECONVENE JOINT REGULAR MEETING OPEN SESSION IN COUNCIL CHAMBER
Mayor Stafford reconvened the joint regular meeting open session at 6:25 p.m.
6. MAYOR'S REPORT ON CLOSED SESSION (Government Code § 54957.1)
Mayor Stafford advised Council met in closed session to discuss items listed on the agenda
regarding anticipated litigation and conferred on discussions about the Employee MOU's
listed on the agenda. There was no reportable action from closed session.
7. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS
A. Outside Arrangements for Walmart Public Hearing on July 29, 2010
John Dunn, Interim City Manager, explained preparations for outside arrangements for
the Walmart Public Hearing on July 29, 2010.
8. PUBLIC COMMENTS
Mayor Stafford invited public comments at 6:30 p.m. No one responded.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (3 of 9) July 27, 2010
_ for City Council /Community Development Commission /Rohnert Park Financing Authority
9. CONSENT CALENDAR
Interim City Manager Dunn called attention to Item C.3 for Resolution No. 2010 -78 and
confirmed the revisions prepared for this item were as reviewed in closed session with
Council earlier this evening.
Council Member Callinan pulled Item D, 2nd Quarterly Report on Council Travel
Expenditures. Vice Mayor Belforte pulled Item B.1, City Bills.
A. Approval of Minutes for:
1. City- CDC -RPFA Joint Regular Meeting — July 13, 2010
B. Acceptance of Reports for:
2. CDC Bills/Demands for Payment
3. CDC Cash/Investments Report for Month Ending June 30, 2010
4. RPFA Cash/Investments Report for Month Ending June 30, 2010
C. City Council Resolutions for Adoption:
1. 2010 -76 Rejecting the Insufficient Claim of Olisaemeka Eze (re: alleged
violation of civic rights)
2. 2010 -77 Approving and Adopting the Memorandum of Agreement with the
Service Employees International Union (S.E.I.U.) Local 1021
3. 2010 -78 Approving and Adopting the Memorandum of Agreement with the
Rohnert Park Public Safety Officers' Association (RPPSOA)
4. 2010 -79 Approving and Adopting the Memorandum of Agreement with the
Rohnert Park Public Safety Managers' Association (RPPSMA)
5. 2010 -80 Awarding the Contract for the Parks LED Street Lights Project to
Hannibal's Electric (City Project No. PWCS 2010 -01)
ACTION: Moved (Mackenzie), seconded (Breeze), and carried unanimously to approve the
Consent Calendar with the exception of Item B.1, City Bills, and Item D, 2nd Quarterly
Report on Council Travel Expenditures.
Items Removed from Consent Calendar:
B. Acceptance of Reports for:
1. City Bills /Demands for Payment
City Attorney Kenyon responded to Vice Mayor Belforte's request for feedback on
the City Attorney payment listed on page 23 and reviewed various City Attorney
billing reductions made for the past fiscal year.
D. Acceptance of 2nd Quarterly Report on City Council Travel Expenditures
Director of Administrative Services Lipitz responded to Council questions on this item.
ACTION: Moved (Mackenzie), seconded (Callinan), and carried unanimously to accept
Item B.1, City Bills, and Item D, 2nd Quarterly Report on Council Travel Expenditures.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (4 of 9) July 27, 2010
_for City Council/Community Development Commission/Rohnert Park Financing Authority
10. CITY /CDC -ECONOMIC DEVELOPMENT COMMITTEE REPORT, 7/14/10 mtg. (GB/PS)
A. N2 Holdings Freeway Sign Proposal /Request — Consideration of concurrent approval
1. Economic Development Committee Report — Handled via staff report.
2. Staff Report — Interim City Manager Dunn and Director of Administrative Services
Lipitz reviewed the staff report provided for this item.
3. Presentation by N2 Holdings, Inc., representatives Chris Miller, Chief Legal Officer
& Chief Marketing Officer & Clark Heister, Chief Operating Officer, via power point
presentation.
N2 Holdings Representatives Miller and Heister, Director of Administrative Services
Lipitz, Director of Development Services Jenkins, and PAC Theater Manager
Abravaya responded to Council questions on this item.
Interim City Manager Dunn explained tonight's preliminary process for this item.
4. Public Comments
Mayor Stafford invited public comments at 7:35 p.m. No one responded.
5. ACTION: Moved (Mackenzie), seconded (Belforte), and carried unanimously to
approve moving forward with the conceptual concept for the freeway sign program as
reviewed in the staff report provided for this item.
B. COMMUNITY DEVELOPMENT COMMISSION FUNDING REQUEST:
Consideration of CDC funding request from the Rohnert Park Chamber of Commerce
1. Economic Development Committee Report — Handled via staff report.
2. Staff Report — Interim City Manager Dunn provided preliminary comments and
Housing & Redevelopment Manager Babonis reviewed the staff report for this item.
3. Public Comments
Mayor Stafford invited public comments at 7:40 p.m. No one responded.
4. CDC Resolution for Adoption:
a. 2010 -14 Authorizing and Approving an Agreement with the Rohnert Park
Chamber of Commerce for Professional Services Associated with
Chamber Operations
ACTION: Moved (Mackenzie), seconded (Belforte), and carried unanimously to
adopt above - titled CDC Resolution No. 2010 -14 as submitted.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (5 of 9) July 27, 2010
for City Council/Community Development Commission/Rohnert Park Financing Authority
11. PLANNING FEE SCHEDULE UPDATE — Council consideration of approving the
Modified Planning Fee Schedule
A. Staff Report — Interim City Manager Dunn provided preliminary comments and Director.
of Development Services Jenkins reviewed the staff report for this item via power point
presentation and responded to Council questions. City Attorney Kenyon also responded
to Council questions on this item.
B. PUBLIC HEARING — Continued from June 22, 2010
Mayor Stafford continued this public hearing at 8:08 p.m.
1. Wulff Reinhold, Santa Rosa, as President of the Rotary Club of Rohnert Park/Cotati
and on behalf of the Education Foundation as an Advisory Board Member,
commented on overhead expenditures for non - profits and requested consideration of
waiver for these fees for local non - profits.
2. Joe Ripple, Santa Rosa, The Construction Coalition, representing North Coast
Builders Exchange and the Building Industry Association, referred to his letter
distributed to Council for this item and shared comments expressing opposition to any
fee. increases associated with the construction industry during the current severe
economic downturn.
Mayor Stafford closed the public hearing at 8:14 p.m.
City Attorney Kenyon responded to further Council questions on this item.
C. Resolution for Adoption:
1. 2010 -81 Approving the Modified Planning Fee Schedule
ACTION: Moved (Mackenzie) to adopt above- titled Resolution No. 2010 -81 with the
understanding noted in the record that the City Council has the ability to waive or adjust
fees per the City's existing ordinance.
City Attorney Kenyon responded to Council question on the above motion that she would
add into the resolution language that said, notwithstanding the foregoing, the Council has
the authority upon request by any applicant to waive any of the fees.
Motion on the floor died for lack of a second.
ACTION: Moved (Belforte), seconded (Breeze), with regards to the percent of cost
recovery with the current fees, to see what it looks like, have staff come back with the
fees that are under 100% be increased to at least 25% to 50 %, and revisit these fees on an
annual basis until the cost recovery is up to 100% in a heightened economy.
Friendly amendment (Callinan) to the motion on the floor was made to cut in half all the
fees listed at 100% to 50% and avoid having to go back to staff to rework this again..
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (6 of 9) July 27, 2010
for City Council/Community Development Commission/Rohnert Park Financing Authority
Discussion ensued including clarification by Vice Mayor Belforte that with acceptance of
the friendly amendment, the smaller percentages on the fees would be ok. Director of
Community Services Jenkins requested clarification that the motion is referring to flat
fees and not the proposed fee column with dollar amounts.. He cautioned Council not to
include the time and material fees in the proposed fee column and gave the example of an
annexation fee at $500,000, with the percentage of cost recovery cut in half from 100% to
50 %, would inadvertently be subsidizing $250,000, which he did not think was the intent
of the motion. Vice Mayor Belforte, maker of the motion, agreed with this clarification.
As recommended by City Attorney Kenyon, Council confirmed each item that was to be
changed on the Planning Fee Schedule affected by the motion on the floor, with
concluding review by Director of Development Services Jenkins of the list of fees with
cost recovery going from 100% to 50% as follows:
#4 — Assignment of Address
#5 — Assignment of Temporary Power Pole Address
#8 — Condition Modification/Waiver- Administrative
# 12 — Filing & Notice of Categorical Exemption
#23 — Notice of Determination
The friendly amendment on the floor (Callinan), as reviewed above, was accepted by the
maker of the motion on the floor (Belforte) and the seconder (Breeze).
Friendly amendment (Mackenzie) to review this item in twelve months. Maker of the
motion on the floor (Belforte) clarified that the annual review of this item was part of the
original motion. Council Member Mackenzie withdrew his friendly amendment.
The motion and friendly amendment on the floor carried unanimously adopting
Resolution No. 2010 -81 approving the Modified Planning Fee Schedule with direction to
revisit these fees on an annual basis until the cost recovery is up to 100% in a heightened
economy, and approving changes to Attachment A for the above - reviewed list of fees
reducing the percentage of cost recovery from 100% to 50% for Nos. 4, 5, 8, 12 and 23.
12. ALCOHOL OFFENSE/LOUD PARTY ORDINANCE - Consideration of proposed
amendments to Rohnert Park Municipal Code Chapter 9.48, Alcohol Offense /Loud Parties,
and imposition of a fine for initial response
A. Staff Report — Wulff Reinhold, Public Safety Technical Advisor, reviewed the staff report
for this item via power point presentation and responded to Council question.
B. PUBLIC HEARING — Mayor Stafford opened the public hearing for this item at 9:05 p.m.
1. Michael Besle Vosler', Rohnert Park, expressed concern about the first fine at $250
with preference that the warning be free and, secondly, that fining everybody seemed
excessive.
Mayor Stafford closed this public hearing at 9:08 p.m.
CORRECTION made administratively by City Clerk per note received from Michael Vosler for the correct spelling of
his name at the August 10, 2010, City Council meeting. (Addition underlined /deletion stricken.)
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (7 of 9) July 27, 2010
for City Council /Community Development Commission / Rohnert Park Financing Authority
C. Ordinance for Introduction: Waive Further Reading and Introduce Ordinance by Reading
Title:
1. No. 822 Repealing and Replacing Chapter 9.48 of the Rohnert Park Municipal
Code, (Alcohol Offense/Loud Parties)
ACTION: Moved (Belforte), seconded (Mackenzie) to introduce above -title Ordinance
No. 822 as amended to include language that posting shall be on the premises for 180 days.
Friendly amendment (Breeze) indicating she was in favor of the 1 St, 2 °d and last bullet
points on page 3 of 3 of the staff recommendations, but not the 3rd, 4th and 5th bullet
points and, with reference to the time limit that the responsible person is subject to
additional penalties for subsequent responses, instead of the 180 days indicated in this 4th
bullet point, recommended 90 days for a gradual increase before getting to the 180 days.
Discussion ensued including response to the friendly amendment (Breeze) by the maker
of the motion (Belforte) that she could agree with no fine on the initial response but
shared reasons why she preferred to retain the 180 day time limit, so could not accept the
friendly amendment.
The initial motion on the floor, via roll call vote, failed 2 — 3 dissenting (Breeze,
Callinan and Stafford).
ACTION: Moved ( Callinan), seconded (Mackenzie) to introduce Ordinance No. 822
with a couple of changes: to keep the change from "parry" to "loud and unruly gathering ";
keep the number of persons forming a gathering at 10; give a warning instead of a $250
fine the first time; and increase the time from two months (60 days) to four months (120
days), via roll call vote, failed 2 — 3 dissenting (Belforte, Mackenzie and Stafford).
ACTION: Moved (Belforte), seconded (Mackenzie) to introduce Ordinance No. 822
with the following changes: keep #1 to change "party" to "loud and unruly gathering" and
change the gathering from 10 to 6; keep #2; change #3 to $100 fine; change #4 to 120
days; and #5 and #6 stay as is, via roll call vote; failed 2 — 3 dissenting (Breeze, Callinan
and Stafford).
ACTION: Moved (Mackenzie), seconded ( Callinan) to introduce Ordinance No. 822
with the following changes: on the change for the reference from "party" to "loud and
unruly gathering" that the number of persons remain at 10; go along with
recommendation #2; add the fine level for initial response at $100 level; and increase the
time limit from 60 to 120 days, with friendly amendment (Stafford) to make the first
response a warning accepted by the maker and seconder of the motion, the motion on the
floor, via roll call vote, carried unanimously, and Ordinance No. 822 was introduced as
amended herein.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (8 of 9) July 27, 2010
. for City Council/Community Development Commission / Rohnert Park Financing Authority
13. DEMOLITION OF FORMER SOUTHWEST BOULEVARD FIRE STATION
Consideration of directing demolition of the Former Southwest Boulevard Fire Station
located at 435 Southwest Boulevard and authorizing staff to solicit bids for this demolition
A. Staff Report — Interim City Manager Dunn reviewed the staff report provided for this item
and responded to Council questions.
B. Public Comments
Mayor Stafford invited public comments at 9:31 p.m. No one responded.
C. City Council discussion /direction /action — Council expressed agreement with the need
for this demolition, as reviewed in the staff report, and also agreed the history of this
facility should be memorialized in an appropriate manner.
ACTION: Moved (Belforte), seconded (Breeze), and carried unanimously, to proceed
with this agenda item #13 for demolition of the former Southwest Boulevard Fire Station
with the understanding that it will come back to Council no matter what the cost.
14. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS
A. Standing Committee Reports - None
B. Liaison Reports
1. Library Advisory Committee, 7/20/10 mtg. (AB)
Council Member Breeze reported on this meeting.
C. Other Reports
1. Sonoma County /City Solid Waste Advisory Group, 7/15/10 mtg. (PS)
Mayor Stafford reported on this meeting.
2. Local Agency Formation Committee (LAFCO), 7/21/10 mtg. (PS)
Mayor Stafford reported on this meeting.
15. COMMUNICATIONS
Council Member Breeze referred to the Rancho Cotate High School dunk tank fundraiser that
she and Council Member Callinan were participants last Friday at the Farmers Market and
that earlier that evening the Walmart Manager advised her that Walmart would like to make a
donation to make up the difference from the fundraiser and fill the gap for the funds needed
for the homecoming parade. Council Member Callinan noted the amount would be about
$3,000. Both commented on the success of this dunk tank fundraiser.
16. MATTERS FROM/FOR COUNCIL
A. City Council Protocols — Consideration of placing revisions to the City Council Protocols
on a future agenda (PS) - Interim City Manager Dunn referred to the memorandum from
City Clerk Hauff provided for this item and advised the item was listed on this agenda to
schedule consideration of revisions to the City Council Protocols on a future agenda.
City Attorney Kenyon responded to Council questions on this item.
1. Council discussion /direction /action- Discussion concluded in Council concurrence
to move forward with the procedure for consideration of revisions to the City Council
Protocols on one of the regular meeting agendas in September 2010.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (9 of 9) July 27, 2010
for City Council /Community Development Commission /Rohnert Park Financing uthority
B. Calendar of Events
1. Vice Mayor Belforte commended aspects of recent LaCrosse games including really
great teams; parents booked rooms at hotels for great economic development; great
week end for all; Jacob McIntyre got high praise; and Rohnert Park came in 3rd place.
2. Mayor Stafford called attention to the continued success of the Farmers Market on
Friday evenings in Rohnert Park. Council Member Mackenzie commended the music
provided at the Farmers Market and noted there's only two music events left for the
next two Farmers Market events.
C. Sonoma Mountain Village Project - Consideration of scheduling time at a City Council
regular or special meeting for consideration of the Sonoma Mountain Village Project
Interim City Manager Dunn explained the memo provided for this item from Director of
Development Services /City Engineer Jenkins.
1. Council discussion /direction /action — Discussion concluded in Council concurrence
to schedule the Sonoma Mountain Village Project on the regular Council meeting of
August 24, 2010.
Public Comments — Mayor Stafford invited public comments on this item at 9:55 p.m.
Richard Pope of Sonoma Mountain Village commented on the encouragement they
received for this project at the Planning Commission meeting last Thursday. He
reviewed reasons why they would like to go through the process as soon as possible.
D. Other informational items — None.
17. PUBLIC COMMENTS
Mayor Stafford invited public comments at 9:57 p.m. No one responded.
OTHER MISCELLANEOUS ITEMS:
Mayor Stafford extended congratulations to Director of Public Safety, Brian Masterson, and
his wife, Sharon, on their 25"' wedding anniversary today.
MOMENTS OF RECOGNITION:
Council Member Callinan shared that Mr. Grosse passed away recently and acknowledged
that he was a big part of this community for many years. Vice Mayor Belforte shared that
Steve Roberts also passed away recently and acknowledged that he was one of the founding
members of SCAYD and also served on the School District for many years.
18. ADJOURNMENT of City Council- CDC -RPFA Joint Regular Meeting
Mayor Stafford adjourned this meeting at 9:59 p.m.
d
Judy auff, City 6eik
City of Rohnert Park
Pam Stafford, Ma or
City of Rohnert Park