2006/04/25 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR:
City Council
Community Development Commission
Rohnert Park Financing Authority
April 25, . 2006
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. in Regular
Session for a meeting commencing 6 :00 p.m. at the Rohnert Park City Hall, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Smith presiding.
REGULAR SESSION:
Call to Order: Mayor Smith called the Regular Session to order at 6:02 p.m.
Roll Call: Breeze, Flores, Mackenzie, Vidak- Martinez, Smith
Staff present for all or part of the Regular Session-. City Manager Donley Assistant City
Attorney Whelan, Assistant City Manager Schwarz. Director of Community Development
Bendorff, Deputy Chief Building Official Bruck, Housing and Redevelopment Project
Manager Ellena, Director of Public Safety Bullard and Videographer Beltz.
1. PLEDGE OF ALLEGIANCE:
Logan Lidster, Student, Cross & Crown Lutheran School Pre - Kindergarten, led the Pledge of
Allegiance. Mayor Smith PRESENTED Logan with a card and a pen.
MOMENT OF SILENCE:
Mayor Smith asked members of the audience to observe a Moment of Silence for Mr. Louis F.
Giacometti, a longtime neighbor of Rohnert Park, who passed away recently.
2. SSU STUDENT REPORT:
Sonoma State University .Associated Students, Inc., by James J. Reilly, III, Legislative
Representative: At the suggestion of Mayor Smith who received a message that Mr. Reilly would
be late, Council CONCURRED to defer Mr. Reilly's report until he arrived at the meeting.
3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
a. Peter Tscherneff, Sonoma County, was recognized and briefly discussed various topics ranging
from animal activism to medical marijuana dispensaries. He also discussed a general strike
among working -class people to protest the greed in this country.
City of Rohnert Park CONCURRENT MEETINGS Minutes (2) April 25 2006
for City CounciUCommunhty Development Commission /Rohnert Park Financing Authority
4. CONSENT CALENDAR:
Mayor Smith asked if there were any questions about matters on the Consent Calendar. The
following items were removed: Item A and Resolution 2006 -103 per Mayor Smith's
recommendation; Resolution 2006 -101 per Councilmember Flores' recommendation; and
Resolution Nos. 2006 -104 and 2006 -108 per Councilmember Mackenzie's recommendation.
B. Approval of Bills /Demands for Payment concurrently for.
City of Rohnert Park/City Council in the amount of $1,930,106.11
C. Accepting Cash/Investments Report for Month End,
March 31, 2006 concurrently for:
City of Rohnert Park/City Council
D. Resolutions for Adoption:
2006 -102 Recognizing Jane Smuck for Her Twenty -One Years of Volunteer
Services to the Community
2006 -105 Adopting Investment Policy for Idle Funds
2006 -106 Approving an Agreement with Peelle Technologies for Document
Scanning Services
2006 -107 Authorizing and Approving Amendment No. 2 to Task Order 2004 -14
with Winzler & Kelly Consulting Engineers for Engineering Services
Associated with the Design of the Eastside Trunk Sewer, City Project No.
2004 -05
2006 -109 Authorizing and Approving Adjustments to Miscellaneous Recreation
Part -Time Pay Rates and Ranges
2006 -110 Rejecting the Claim of Shannon Karkalla (re. tires and motor mounts
damaged from alleged pothole)
2006 -111 Rejecting the Claim of F. Robert and JoAnn Sotelo (re. alleged water
damage to home)
2006 -112 Rejecting the Claim of Janene Rose Kelly (re. alleged police action
leading to lost wedding ring)
Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Flores, and
UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar, with the
exception of Item A (the Regular Concurrent City Meetings Minutes of April 11, 2006) and
Resolution Nos. 2006 -101, 2006 -103, 2006 -104 and 2006 -108, was ADOPTED.
Items for Consideration:
A. Approval of City Council Portion of Concurrent Meeting Minutes for:
Regular Concurrent City Meetings - April 11, 2006
Upon the recommendation of Mayor Smith, Council CONCURRED TO DEFER consideration
of the Regular Concurrent City Meetings Minutes of April 11, 2006 until the next Council
meeting due to late receipt of the minutes.
Citv of Rohnert Park CONCURRENT MEETINGS Minutes (3) April 25 2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
2006 -101 Recognizing Lynne Morrow as an Honorary Citizen
Councilmember Flores connnended Ms. Morrow's extensive service as a member of the
community and as a member of the Cultural Arts Commission. He also REQUESTED that she
appear before Council to have her accomplishments recognized. A MOTION was made by
Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, to adopt Resolution 2006 -101.
Under discussion, Councilmember Mackenzie recognized Ms. Morrow as the Musical Director of
the upcoming production at Spreckels Performing Arts Center, "A Little Night Music." After the
motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006-
10 1 was ADOPTED.
2006 -103 Proclaiming April 28, 2006, the Fourth Friday in April as "Children's
Memorial Day" in Memory of Children Who have Died by Violence
Mayor Smith called forward Katie Sanchez from the nonprofit organization, MOVES
(Minimizing Occurrences of Violence in Everyday Society). Ms. Sanchez DISTRIBUTED AND
REVIEWED the contents of a flier outlining MOVE's efforts to lessen violence in Sonoma
County. She indicated that she will make arrangements to submit MOVES' flag to the City so
that it can be flown as a reminder for people to protect children in the community. Upon
MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Flores, and
UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -103 was ADOPTED.
2006 -104 Recognizing the Week of May 15 -19,2006 as "California Bike Commute
Week ".and Proclaiming Thursday, May 18, 2006 as "Bike -to -Work Day"
Councilmember. Mackenzie encouraged members of the public to participate in this event and to
utilize the City's many bike lanes. A. MOTION was made by Councilmember Mackenzie,
seconded by , Vice Mayor Vidak- Martinez, to adopt Resolution 2006 -104. Under discussion,
Councilmember Flores noted that riding bicycles helps to save on fuel costs as well. After the
motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006-
104 was ADOPTED.
2006 -108 Approving a Restructured Agreement for Water Supply with the
Sonoma County Water Agency and Other Water Contractors and
Authorizing the Mayor to Execute Said Document on Behalf of the City
of Rohnert Park
Councilmember Mackenzie reviewed his efforts regarding the Restructured Agreement. A
MOTION was made by Councilmember Mackenzie,. seconded by Councilmember Flores, to
adopt Resolution 2006 -108. Under discussion; Councilmember Flores commented on the Potter
Valley Project. Councilmember Mackenzie discussed environmental and economic aspects of the
Restructured Agreement. Mayor Smith thanked Councilmember Mackenzie for his efforts in
working with the other water contractors. After the motion, which was UNANIMOUSLY
APPROVED, reading was waived and Resolution 2006 -108 was ADOPTED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (4) April 25 2006
for City Council/Community Development Commission/Rohnert Park Financing Authority
5. LEAGUE OF CALIFORNIA CITIES PRESENTATION ON LEGISLATIVE MATTERS:
1. Presentation by Amy O'Gorman, Regional Public Affairs Manager, North Bay &
Redwood Empire Divisions League of California Cities:
Telecommunications Reform
Review of Current Legislative Issues
Ms. O'Gorman reviewed the materials provided in the Staff Report, and she responded to
Council questions and comments during Council discussion.
2. Public Comments: None.
3. Council discussion /direction: Councilmember Breeze discussed bills related to
flooding. Councilmember Flores discussed bills related to loss of services and funding
to libraries and schools, the safe surrender of children, and infrastructure bonds.
Councilmember Mackenzie, Vice Mayor Vidak- Martinez and Mayor Smith expressed
concern over the television and cable franchise issues. Staff shared additional
comments, and Council CONCURRED to support the League's position on AB 2987,
the Digital Infrastructure and Video Competition Act of 2006.
6. GREEEN BUILDING PROGRAM UPDATE;
Review of Green Building Program Status. Report:
Staff Report: Deputy Chief Building Official Bruck reviewed the contents of the Staff
Report. At the suggestion of Mayor Smith, Building Official Bruck also explained the
Staff Report for Agenda Item 13.1, "Solar Policy for Single - family Residential
Developments of Five or More Lots or Units, adopted by the City of Petaluma, and he
responded to Council questions and comments during Council discussion.
2. Public Comments: None.
3. Council discussion/direction: Councilmember Breeze expressed concerns. about the
added costs of Green Building to potential homeowners, and she suggested simple, cost -
efficient solutions like rain -catch systems. Councilmember Flores discussed the
affordability factor, and he suggested that homeowners be given the ability to select a
combination of elements of Green Building. Councilmember Mackenzie expressed
support for tiers and a minimum standard. He suggested that staff work with the
University District in an effort to set the standards high. He also suggested that staff
craft a Green Building ordinance for Council consideration and recommendations, as
well as include a sustainability ordinance in the General Plan Update. Vice Mayor
Vidak- Martinez expressed support for tiers and a minimum standard, for a Green
Building Coordinator, for a strong education component, for an energy retrofit program,
and for a sustainability element in the General Plan Update. Mayor Smith commented
on affordability, expressed support for certain minimums, and concurred with the
Councilmembers' comments. Councilmember Mackenzie added that staff should utilize
Sonoma State University's Environmental Technology Center.
City of Rohnert Park CONCURRENT MEETINGS Minutes (5) April 25 2006
for City Council/Community Development Commission/Rohnert Park Financing Authority
7. PLANNING AND ZONING /COMMUNITY DEVELOPMENT MATTERS:
1. Medical Marijuana Dispensary Moratorium Ordinance:
Consideration of extending the Interim Ordinance Imposing a Moratorium on Medical
Marijuana Dispensaries for One (1) year:
a. Staff Report: Director of Community Development Bendorff reviewed the
contents of the Staff Report.
b. PUBLIC HEARING (continued from April 11, 2006): Mayor Smith opened
the Public Hearing at 7:20 p.m.
1. Mary Pat Jacobs, 47 Palmer Canyon Road, Jenner, was recognized and
applauded Council's efforts to extend the moratorium. She stated that
her husband has survived cancer twice and that she works with Sonoma
Alliance for Medical Marijuana, a group which works with local law
enforcement to ensure responsible guidelines for dispensaries_ She also
commended Council for its Green Building efforts.
Kumar] Sividas, 880 First Street, Sebastopol, was recognized and,, as a
medical marijuana patient and patient advocate, she expressed support
for a moratorium and encouraged Council to set up a Task Force which
would include health professionals. She stated that she worked with the
City of Santa Rosa on its ordinance and that regulation is the key, as
opposed to a ban on dispensaries. She also encouraged Council to visit
North Bay Wellness as an example of a responsibly -run dispensary.
Mayor Smith closed the Public Hearing at 7:28 p.m.
c. Waive Further Reading and Adopt Ordinance by reading title:
No. 757 Extending Urgency Ordinance Continuing a Moratorium on
Medical Marijuana Dispensaries from April 25, 2006 Through and
Including April 25, 2007
Council motion/discussion/roll call vote: A MOTION was made by
Councilmember Mackenzie, seconded by Councilmember Flores, to adopt
Ordinance No. 757. Under discussion, Councilmember Breezed expressed
sympathy for the ill, and she stated that staff needs time to study the dispensary
issue. Councilmember Flores discussed aspects of federal law, and he expressed
support for a Task Force. Councilmember Mackenzie suggested that staff work
with the City of Santa Rosa on this matter. Vice Mayor Vidak- Martinez
expressed support for the moratorium until staff can get more information. Mayor
Smith encouraged staff to visit the North Bay Wellness Clinic, as well as to work
with the City of Cotati. He also commended staff efforts to date on this matter.
After the motion, which was UNANIMOUSLY APPROVED BY ROLL CALL
VOTE, reading was waived and Ordinance No. 757 was ADOPTED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (6) April 25 2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
2. Redevelopment Plan Amendments Proposed for the Rohnert Park Redevelopment
Project:
Consideration of proposed amendments eliminating the existing time limit on incurring
debt and amending certain time limitations with respect to the Redevelopment Plan for
the Rohnert Park Redevelopment Project:
a. Staff Report: Housing and Redevelopment Project Manager Ellena reviewed the
contents of the Staff Report.
b. PUBLIC HEARING: Mayor Smith opened the Public Hearing at 7:36 p.m.
There being no members of the public interested in speaking on this matter,
Mayor Smith closed the Public Hearing at 7:36 p.m.
c. Waive Further Reading and Introduce Ordinance by reading title:
No. 758 Eliminating the Existing Time Limit on Incurring Debt and
Amending Certain Time Limitations with Respect to the
Redevelopment Plan for the Rohnert Park Redevelopment Project
Council motion/discussion /roll call vote: A MOTION was made by
Councilmember Flores, seconded by Councilmember Mackenzie, to introduce
Ordinance No. 758. Under discussion, Councilmember Flores discussed why the
extension is critical. Mayor Smith discussed how this item ties into Agenda Item
9 relating to Community Development Commission matters. After the motion,
which was UNANIMOUSLY APPROVED BY ROLL CALL VOTE, reading
was waived and Ordinance No. 758 was INTRODUCED.
8. FIREWORKS ORDINANCE AMENDMENTS:
Consideration of Amending Chapterl5.28, "Uniform Fire Code," of Title 15, `Buildings and
Construction," of the Rohnert Park Municipal Code:
1. Staff Report - Presentation by Lieutenant David Frazer: City Manager Donley referred
Council to the Staff Report, and he noted that Director of Public Safety Bullard was
present to answer any questions.
2. Public Comments: None.
2. Waive Further Reading and Adopt Ordinance by reading title:
No. 753 Amending Designated Sections of Chapter 15.28, "Uniform Fire Code" of
Title 15, `Buildings and Construction ", of the Rohnert Park Municipal
Code
City of Rohnert Park CONCURRENT MEETINGS Minutes (7) April 25 2006
for City Council/Conimunity Development Commission /Rohnert Park Financing Authority
Council motion /discussion /roll call vote.- A MOTION was made by Vice Mayor
Vidak- Martinez, seconded by Councilmember Flores, to adopt Ordinance No. 753.
Under discussion, Councilmember Flores commended all of the parties for
compromising on a difficult issue. Vice Mayor Vidak- Martinez concurred with
Councilmember Flores' comments_ Mayor Smith commended Council for including
Piccolo Petes in the ordinance, but he expressed opposition to the 8:00 a.m. start time
for the use of fireworks. He also noted that the Air District will be sponsoring a very
large fireworks display, and he expressed concerns about the environment. After the
motion, which was APPROVED 3 -2 BY ROLL CALL VOTE with Councilmember
Mackenzie and Mayor Smith dissenting, reading was waived and Ordinance No. 753
was ADOPTED.
2. SSU STUDENT REPORT: [Out of agenda order]
Sonoma State University Associated Students, Inc., by James J. Reilly, III, Legislative
Representative: Mr. Reilly reported on the following events /matters: Darwin Hall to open again
this fall; SSU Graduation on May 27; Associated Students passed 2006 -07 budget; student
elections concluded; update on the student suffrage issue. Mr. Reilly also noted that this is his
final report. Councilmembers commended Mr. Reilly for his reports and his enthusiasm.
Councilmember Flores, REQUESTED that staff provide Mr. Reilly with a City pin.
Councilmember Mackenzie SUGGESTED that he, as former Mayor, and Mayor Smith sign a
letter on Council's behalf recognizing Mr. Reilly's service to the Council over the last two. years.
Mayor Smith PROVIDED Mr. Reilly a copy of an article he wrote as well.
9. COMPENSATION /SALARIES ORDINANCE FOR CITY COUNCIL AND COMMUNITY
DEVELOPMENT COMMISSIONERS:
Consideration of Amending Section 2.12.030 (Salaries for Rohnert Park City Council Members) and
Adding Section 2.12.045 (compensation for Commission or Committee Service) of Chapter 2.12
(Council Members' Salaries) of the Rohnert Park Municipal Code:
1. Staff /City Attorney Report: City Manager Donley shared the contents of the Staff
Report.
2. Public Comments: None.
3. Waive Further Reading and Adopt Ordinance by reading title:
No. 756 Amending Section 2.12.030 (Salaries for Rohnert Park City Council
Members) and Adding Section 2.12.045 (compensation for Commission or
Committee Service) of Chapter 2.12 (Council Members' Salaries) of the
Rohnert Park Municipal Code
Council motion/discussion/roll call vote: Upon MOTION by Councilmember
Mackenzie, seconded by Vice Mayor Vidak- Martinez, and APPROVED 3 -2 BY ROLL
CALL VOTE with Councilmembers Breeze and Flores dissenting, reading was waived
and Ordinance No. 756 was ADOPTED.
City of Rohnert Park CONCURRENT MEETINGS Minutes (8) April 25 2006
for City CounciUCommunity Development Commission /Rohnert Park Financing Authority
10. SENIOR CITIZENS ADVISORY COMMISSION:
Consideration of appointment to fill vacancy with a two (2) year term to expire December 31,
2006:
Council action to -fill vacancy due to recent acceptance of Dorothy M. Kral resignation:
Upon recommendation by Councilmember Breeze, Council CONCURRED to appoint.
Alice J. (Janie) Hawker to the Senior Citizens Advisory Commission for a term to expire
December 31, 2006.
11. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
Sonoma County Waste Management Agency, 4/19/06 mtg.: Mayor Smith referred
Council to sustainable items he provided, and he SUBMITTED information to City
Manager Donley about a vendor who supplies compostable items. Council AGREED
with Mayor Smith that the Mayors' and Councilmembers' meeting, to be held in Rohnert
Park in July, should encourage and represent sustainability. He also reported that
SCWMA adopted a budget.
2. Association of Bay Area Governments (ABAG) Spring General Assembly, 4/20/06:
Councilmember Mackenzie reported on the ABAG budget, and he REQUESTED that
staff get more information about an organization called CARD regarding earthquake
preparedness. Mayor Smith noted that there will be an emergency preparedness exercise
at the Department of Public Safety on May 2 °a from 8 -12 p.m.
3. Boys & Girls Club of Rohnert Park 1" Annual Children's Ball, 4/21 /06: Councilmember
Breeze reported on the event, noting the large donation of money to the Boys& Girls
Club from a group called Boards and Blades. Councilmember Mackenzie reminded
Council of its commitment to build a skate park.
4. Other informational reports, if any:
a. Library Advisory Committee meeting: Mayor Smith DISTRIBUTED AND
REVIEWED information regarding Proposition 81. He also reported on staff's
presentation regarding the City Center Plaza and Friends of the Library sales.
b. State Water Quality Resources Board: Councilmember Mackenzie reported on
matters regarding the Ahwahnee Principles.
c. North Coast Integrated Regional Water Planning matters: Councilmember
Mackenzie reported on Proposition 50 monies.
d. Legislative Days: Councilmember Flores encouraged all Councilmembers who will
be attending Legislative Days in May to visit the Centennial of the 1906 Earthquake
exhibit at the State Librarian's Office.
City of Rohnert Park CONCURRENT MEETINGS Minutes (9) April 25 2006
for City Council/Community Development Commission /Rohnert Park Financing Authority
12. COMMUNICATIONS:
Councilmember Flores called attention to communications regarding a LAFCO appointment. At
his suggestion, Council 'CONCURRED TO AGENDIZE consideration of the LAFCO
appointment for the next agenda.
Mayor Smith called attention to and commented on the following communications: (1) Curbside
Clean -up taking place currently; (2) Golis Park item to be covered by City Manager Donley.
13. MATTERS FROM /FOR COUNCIL:
1. Solar Policy for Single- Family Residential Developments of Five or More Lots
or Units - Adopted by City of Petaluma: Covered earlier in the meeting.
2. Schedule of Events and Meetings: Document provided in Council agenda packet.
3. City Council Agenda Forecast: Document provided in Council agenda packet.
4. Other informational items, if any: None.
14. CITY MANAGER'S REPORT:
1. Update on ability to regulate advertising of alcohol and tobacco: Assistant City Attorney
Whelan reviewed the Staff Report and responded to Council questions and comments.
2. ICMA Summit Meeting, 4/20 - 21/06: City Manager Donley stated that said event was
cancelled.
4. Other informational items, if any:
a. Dog Park: City Manager Donley reported on recent use of the tennis courts as an
extension of the Dog Park, and he stated that staff is working to ensure that said
practice does not continue.
b. Casino matters on City website: City Manager Donley stated in an effort to free up
space on the City's website, rather than scrolling down, the extensive information
regarding the casino is now available by clicking on a link on the City's website.
c. University District: City Manager Donley reminded Council that University District
matters will be coming up at next Council meeting. At the suggestion of Mayor
Smith, Council CONCURRED to start the May 9th meeting at 5:00 p.m.
15. PUBLIC COMMENTS:
Mayor Smith invited members of the public interested in speaking to come forward. No members
of the public responded.
City of Rohnert Park CONCURRENT MEETINGS Minutes (10) April 25 2006
for City Council/Community Development CommissionlRohnert Park Financing Authority
ADJOURNMENT:
Mayor Smith ADJOURNED the City Council meeting at 8:20 p.m. to consecutively and
separately CONVENE the meetings of the Community Development Commission and the
Rohnert Park Financing Authority.
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK
MINUTES
Tuesday, April 25, 2006
Call to Order: 8:20 p.m.
Roll Call: Breeze, Flores, Mackenzie, Vidak- Martinez, Smith
Also present: Executive Director Donley, Assistant General Counsel Whelan and Recorder Leonard
Unscheduled public appearances: None.
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1. CONSENT CALENDAR:
Chairperson Smith asked the Commissioners if there were any questions about matters on the
CDC Consent Calendar. No matters were raised.
1. Approval of CDC Portion of Concurrent City Meeting Minutes for:
Regular Meeting - April 11, 2006
2. Approval of CDC Bills/Demands for Payment in the amount of $84,583.51
3. Accepting CDC Cash/Investments Report for Month Ending, March 31, 2006
A MOTION was made by Commissioner Flores, seconded by Vice Chair Vidak- Martinez, to
approve the Consent Calendar as outlined in the agenda. Said motion was UNANIMOUSLY
APPROVED.
2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the CDC
meeting at 8:20 p.m.
Citv of Rohnert Park CONCURRENT MEETINGS Minutes (11) April 25 2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
ROHNERT PARK FINANCING AUTHORITY
AGENDA
Tuesday, April 25, 2006
Call to Order: 8:20 p.m.
Roll Call: Breeze, Flores, Mackenzie, Vidak - Martinez, Smith
Also present: Executive Director Donley, Assistant General Counsel Whelan and Recorder Leonard
Unscheduled public appearances: None.
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L CONSENT CALENDAR:
Chairperson Smith 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 - April 11, 2006
2. Accepting RPFA Cash/Investments Report for Month Ending, March 31, 2006
A MOTION was made by Member Mackenzie, seconded by Vice Chair Vidak- M art Inez, to
approve the Consent Calendar as outlined in the agenda. Said motion was UNANIMOUSLY
APPROVED.
2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the Meeting
of the RPFA at 8:20 p.m.
I "IyVeonard
Certified Worthand Reporter
C.S.R. 11599
Mayor
City of Rohnert Park