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2007/03/13 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: city Council Community Development Commission Rohnert Park Financing Authority March 13, 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 commence at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Pro Tem Mackenzie presiding_ CITY COUNCIL REGULAR MEETING Call to Order: Mayor Pro Tem Mackenzie called the Regular Meeting to order at 6:03 p.m. Roll Call: Breeze, Mackenzie, Smith, Stafford Absent: Vidak- Martinez (Excused:. Council business at National League of Cities in Washington, D-C.) Staff present for all or part of the . Regular Meeting: City Manager Donley, Assistant City Attorney Whelan, Housing and Redevelopment Manager Ellena, and Videographer Beltz. CLOSED SESSION: Mayor Pro Tem Mackenzie adjourned the meeting to Closed Session at 6:05 p.m. to discuss Litigation Matters. REGULAR SESSION: Mayor Pro Tem Mackenzie reconvened Regular Session at 6:24 p.m. PLEDGE OF ALLEGIANCE: Joe Lozano, student from La Fiesta Elementary School, was not present. Mayor Pro Tem Mackenzie led the Pledge of Allegiance. 1. SCHEDULED APPEARANCES /PRESENTATIONS: Karen Shimizu, Update regarding Centre Ville Inclusionary For -Sale Housing Units: Ms. Shimizu, from Shimizu Consulting, and Jim Piper, Community Sales Manager at Centre Ville,'shared an oral report about the 76 condominium units available for sale, and they responded to Council questions and comments. Ms. Shimizu indicated that for more information interested members of the public can contact her at (707) 832 -9922 extension I 1 or they can go to City Hall_ At this time, Mayor Mackenzie noted that there was no reportable action from Closed Session. 2. SSU STUDENT REPORT: Sonoma State University Associated Students, Inc. by Whitney Diver, Legislative Representative: Ms. Diver DISTRIBUTED copies of The Star to Council, and she reported on the following matters: (1) Results of faculty strike vote to be announced March 21; (2) Midterms in progress; (3) Seawolves Day, March 24, for prospective students; (4) Student Body elections. City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 8) March 13 2007 for City CounciUCommunity Development Commission/Rohnert Park Financing Authority 3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: 1. Sami Tawasha, 160 Santa Alicia, was recognized. Due to extensive dental work done today, Mr. Tawasha had his neighbor, Allie Cartier, read a statement from him noting that he is the owner /operator of Sami's Limo & Taxi in Rohnert Park. He indicated that he wanted to show his appreciation to the City for supporting him a year ago in his efforts to get the taxi service going by donating one years' worth of tips which he had saved_ He requested that the $1000 donation be used in the Rohnert Park schools or for Public Safety's K -9 Division, and he noted that he gave an identical donation to the City of Cotati for their support as well. Council CONCURRED to direct staff to report back with suggestions for the use of Mr. Tawasha's donation. 4. CONSENT CALENDAR: Mayor Pro Tern Mackenzie asked if there were any questions about matters on the Consent Calendar. Council Member Smith noted that the minutes would be approved as redistributed with revisions previously requested by him. A. Approval of City Council Portion of Concurrent Meeting Minutes for: Special Meeting /Work Session and Regular Concurrent Meetings — February 27, 2007 B. Approval of City Bills /Demands for Payment in the amount of $1,768,685.85 C_ Accepting Cash/Investments Report for: Month Ending December, 2006 D_ Resolutions for Adoption: 2007 -32 Appointing an Alternate Representative to the Redwood Empire Municipal Insurance Fund (REMIF) Board 2007 -33 Authorizing and Approving the 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 -34 Accepting Improvements Constructed Under Improvement Agreement between the City of Rohnert Park and Codding Enterprises, Rohnert Park Parcel Map No. 167 2007 -35 Calling for Sealed Proposals or Bids for the SCADA System Maintenance and Upgrade Contract 2007 -36 Approving Contract Change Order No. 10 for $120,500.00 with AshLin Pacific Construction, Inc. for Commercial Water Meter Replacement Project - Phase 1II, Project No. 2004 -03 2007 -37 Authorizing and Approving the Deferral of Certain Development Related Fees in Connection with the Vida Nueva Affordable Housing Project Proposed by Burbank Housing Development Corporation City of Rohnert Park CONCURRENT MEETINGS Minutes (3 of 8) March 13 2007 for City CounciUComn: unity Development Commission/Rohnert Park Financing Authority 2007 -38 Authorizing and. Approving the Assignment of Deed of Trust and Agreement for Deferral of Payment of Certain Development Related Fees for the Vida Nueva Project 2007 -39 Resolution Rescinding Resolution No. 2007 -28 and Directing Staff to Open Escrow and Prepare the Necessary Documents for the Mayor's Signature for the Sale of City Owned Property at 1350 Oakview Circle, Assessor Parcel No. 159460 -025 to KSL Oak View LLC, or its Affiliates and the Sale of Assessor Parcel Nos.159- 460 -026 and -027 to KSL Rohnert Park, LP, or its Affiliates 2007 -40 Approving Change of Employee Unit for One Management Analyst Position Upon 'MOTION by Council. Member Smith, seconded by Council Member Stafford, and APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent and with Council Member Breeze abstaining from voting on the Special Meeting/Work Session and Regular Concurrent Meetings minutes due to her absence from the last meeting, reading was waived and the Consent Calendar, as outlined in the agenda, was ADOPTED_ 5. MEDICAL MARIJUANA DISPENSARIES: Consideration of Amendments to Sections 17.04.030, 17.06.060, and 17.06.130 of the Rohnert Park Municipal Code (Land Use Regulations) regarding Medical Marijuana Dispensaries (File PL2005- 025MC): 1. Staff Report: City Manager Donley reviewed the contents of the Staff Report 2_ Public Comments: None. 3_ Ordinance for Adoption: Waive Further Reading and Adopt Ordinance by reading title: No. 781 .Amending Sections 17.04.030, 17.06.060, and 17.06.130 of the Rohnert Park Municipal Code (Land Use Regulations) regarding Medical Marijuana Dispensaries Upon MOTION by Council Member Breeze, seconded by Council Member Stafford, and APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and Ordinance No. 781 was ADOPTED BY ROLL CALL VOTE. 6. ENCROACHMENT PERMIT APPLICATIONS FROM CABLE OPERATORS/VIDEO SERVICE PROVIDERS: Consideration of Amendments to Chapter 12.04., "Encroachments," of Title 12, "Streets and Sidewalks," to Comply with the Digital Infrastructure and Video Competition Act of 2006 and Consideration of Resolution Establishing a Fee for Cable Operators or Video Service Providers who Appeal the Denial of an Encroachment Permit to the City Council: 1. Staff Report: City Manager Donley reviewed the contents. of the Staff Report . 2. Public Comments: None. City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 8) March 13 2007 for City CounciUCommunityDevelopment Commission/RohnertPark Financing Authority 3. Ordinance for Adoption: Waive Further Reading and Adopt Ordinance by reading title: No. 783 Amending Chapter 12.04, "Encroachments," of Title 12, "Streets and Sidewalks," of Section 12.04.010, "Definitions," to Define "City Engineer," "Video Service Provider," and "Cable Operator," and to Add Section 12.04.130, "Denial of Application for Cable Operator or Video Service Provider Encroachment Permits," of the Rohnert Park Municipal Code Upon MOTION by Council Member Smith, seconded by Council Member Breeze, and APPROVED 4 -0 -1 with Mayor Vidak - Martinez absent, reading was waived and Ordinance No. 783 was ADOPTED BY ROLL CALL VOTE. 7. . SANTA ROSA PLAIN CONSERVATION STRATEGY IMPLEMENTATION COMMITTEE: Consideration of the Santa Rosa Plain Conservation Strategy Implementation Committee budget: 1 _ Staff Report: City Manager Donley reviewed the Staff Report. 2. Liaison Report: Mayor Pro Tem Mackenzie provided a brief Liaison Report. 3. Public. Comments: None. 4_ Council discussion/direction/action: Council discussion concluded with Council CONCURRENCE with staff's recommendation that any apportionment methodology should reflect the direct benefit of the final product. 8. COUNCIL COMMITTEE AND /OR OTHER REPORTS: I . Mayors' and Councilmembers' Association of Sonoma County meeting, 3/8: Mayor Pro Tem Mackenzie and Council Member Smith provided a brief report on various appointments, the Reports from Cities, and matters related to Horizon Air. 2. Local Governments Setting Bay Area Growth, Conservation, and Funding Priorities meeting, 3/12: Mayor Pro Tem Mackenzie noted his attendance at said meeting. Council Member Smith provided brief reports on the focus grouping and the joint application approach. 3. Sonoma County Transportation Authority meeting, 3/12: Mayor Pro Tem Mackenzie provided an update on the Measure M Cooperative Agreement and the Appropriation Request per the Copeland Creek Bike Trail preliminary work. 4. Russian River Watershed Association Working Group meeting, 3/13: Mayor Pro Tem Mackenzie reported on the approval of the work plan for the year to come_ City of Rohnert Park CONCURRENT MEETINGS Minutes t5 of 81 March 13 2007 (or City CounciUCommunity Development CommissionlRohnert Park Financing Authority 5. Other informational reports, if any: Assembly Member Jared Huffman Open House, 3/1: Council Member Smith and :Mayor Pro Tem Mackenzie commented on Assembly Member Huffman's proposed field visit to Rohnert Park at the next Council meeting. 60`h Annual Miss Sonoma County Scholarship Program, 3/3: Council Member Stafford shared brief comments on the program- Bay Area Council Outlook Conference 2007, 3/8: Council Member Smith noted his attendance and reported on discussions surrounding health care. Dr. Seuss Day, 3/2: Council Member Smith noted that he read Dr. Seuss to students and responded to their questions. Rancho Cotate High School Pasta Feed, 3/2: Council Member Smith noted that he, as well as Vice Mayor Mackenzie and Mayor Vidak - Martinez, were in attendance at said event. The Sharing of the Green,. 3/17: Council Member Smith noted that he would be unable to attend said event. Meeting with Clem Carinalli and Dennis Hunter, 3/12: Council Member Smith stated that he met with said individuals and expressed to them his opinions regarding the Stadium Lands and the Southeast Specific Plan. Community Band, 3/4: Council Member Stafford noted her attendance at said performance. Sonoma State University (SSU) Liaison Subcommittee Meeting, 3/13: Mayor Pro Tem Mackenzie reported on discussions regarding the selection of a date to meet with representatives from SSU to discuss various matters. Meeting with Katie Crump: Mayor Pro Tem Mackenzie reported on his meeting and follow -up meeting with Ms. Crump to discuss and observe her concerns regarding traffic in . the area around Rancho Cotate High School. Council CONCURRED to direct staff to report back with recommendations regarding said concerns. 9. COMMUNICATIONS: Letter from Guy Miller, Recreation Services Manager: Council Member Smith called attention to said letter updating the Council on the photovoltaic system at the Sports Center_ School Board 7 -0 vote: Council Member Smith called attention to the School Board's recent vote regarding the transfer of certain property to the Cotati Rohnert Park Unified School District ( CRPUSD). Mayor Pro Tem Mackenzie REQUESTED (1) that staff be directed to write a letter over the. Mayor's signature acknowledging the assistance of Kevin Pohlson and the University District LLC in this matter, and (2) that the City request that CRPUSD make the same type of acknowledgment to Mr. Pohlson and the UD LLC. City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 8) March 13 .2007 for City CounciUCommunity Development Con:missionlRohnert Park Financing Authority 10. MATTERS FROM/FOR COUNCIL: 1. Schedule of Events and Meetings: Document provided in the Council agenda packets. 2. City Council Agenda Forecast: Document provided in the Council agenda packets. 3. Other informational items, if any: None. 11. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: 1. Other informational items, if any: Assistant City Attorney Whelan provided a brief update to Council on matters relating to legal action regarding the Abby Mortuary. City Manager Donley called attention to the following matters: Director of Administrative Services Lipitz involved in labor negotiations necessitating the reallocation of her Human Resources duties. Horizon Air Reception, Thursday, 3/15: City Manager Donley to attend. Coast Guard event tomorrow, 3/14: City Manager Donley and Council Member Smith to attend- Agenda/Items for discussion for upcoming meeting with Carole Migden staff At this time, Mayor Pro Tem Mackenzie noted that he will be out of town this Thursday through Sunday to attend a Local Government meeting in Yosemite. Per the Mayors' and Councilmembers' Association meeting, he also reported on plans by the cities of Sebastopol and Petaluma to request an extension of the EIS period regarding the proposed casino. 12. PUBLIC COMMENTS: Members of the public desiring to speak were called forward. No members of the public responded_ ADJOURNMENT: Mayor Pro Tem Mackenzie adjourned the City Council meeting at 7:30 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, March 13, 2007 Call to Order: 7:30 p.m. Roll Call: Breeze, Mackenzie, Smith, Stafford Absent: Vidak- Martinez (Excused) Also present: Executive Director Donley, Assistant General Counsel Whelan, and Recorder Leonard City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 8) March 13 2007 for City Council/Community Development Commission/Rohnert Park Financing Authority Unscheduled public appearances: None. 1. CONSENT CALENDAR: Chairperson Pro Tem Mackenzie asked the Commissioners if there were any questions about matters on the CDC Consent Calendar. No matters were raised. I _ Approval of CDC Portion of Concurrent City Meeting Minutes for: Regular Meeting — February 27, 2007 2_ Approval of CDC Bills/Demands for Payment in the amount of $109,972.50 3. Accepting CDC Cash/Investments Report for: Month Ending December, 2006 4. CDC Resolutions for Adoption: 2007 -03 Authorizing and Approving the Assignment of Deed of Trust and Agreement for Deferral of Payment of Certain Development Related Fees for the Vida Nueva Project A MOTION was made by Commissioner Smith, seconded by Commissioner Breeze, 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 Tem Mackenzie adjourned the CDC meeting at 7:31 p_m_ ti MINUTES FOR THE ROHNERT PARK FINANCING AUTHORITY Tuesday, March 13, 2007 Call to Order: 7:31 p.m. Roll Call: Breeze, Mackenzie, Smith, Stafford Absent: Vidak- Martinez (Excused) Also present: Executive Director Donley, Assistant General Counsel Whelan, and Recorder Leonard Unscheduled public appearances: None. ;ity of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 8) March 13 2007 or City Council/Community Development CommissionlRohnert Park Financing Authority 1. CONSENT CALENDAR: Chairperson Pro Tern Mackenzie asked the Members if there were any questions about matters on the RPFA Consent Calendar. No matters were raised. 1. Approval of RPFA Portion of Concurrent City Meeting Minutes for: Regular Meeting — February 27, 2007 2. Accepting RPFA Cash/Investments'Report for: Month Ending December, 2006 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 APPROVED 4 -0 -1 with Chairperson Vidak- Martinez absent_ 2. ADJOURNMENT: There being no further business, Chairperson Pro Tem Mackenzie adjourned the Meeting of the RPFA at 7:32 p.m. Certif v&!S iorthand Reporter C.S.R. 11599 Ja a Mackenzie ---Mayor Pro Tem City of Rohnert Park