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2005/07/12 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION July 12, 2005 Tuesday The Concurrent Meetings of the City of Rohnert Park for the City Council and the Community Development Commission met this date in Regular Session at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. CALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Mackenzie CALLED the Council Meeting to order at 6:00 p.m. ROLL CALL: Present: (5) Councilmemb'ers Flores, Smith and Breeze Vice Mayor Vidak- Martinez; Mayor Mackenzie Absent: (0) None Staff present for all or part of the Regular Session: City Manager Donley, Assistant City Attorney Whelan, Senior Planner Bendorff, Interim Assistant City Manager /City Engineer Jenkins, Deputy Chief Building Official Bruck and Director Public Safety Bullard. ADJOURN TO CLOSED SESSION: Mayor Mackenzie adjourned Council to Closed Session at 130 Avram Avenue, Rohnert Park, to consider Real Estate Negotiations. REGULAR SESSION Mayor Mackenzie reconvened Regular Session at 6:40 p.m. at 6750 Commerce Boulevard and led the Pledge of Allegiance. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Mackenzie stated that there was no action to report per the Closed Session. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(2 )- At this time, Mayor Mackenzie noted two matters as follows: (1) Agenda Item No. 11, "Matters from /for Council," particularly No. 2, Climate Protection Campaign - Mayor's Initiative, will be moved forward and handled under "Scheduled Appearances /Presentations." (2) Agenda Item No. 3, "Student Reports" from Sonoma State University, will be removed from Council agendas until August 23, 2005 at the request of James J. Reilly, III as there is not much to report on during SSU's summer schedule. 2. SCHEDULED APPEARANCES /PRESENTATIONS: 1. Mayor's Presentation of Resolution recognizing the American Cancer Society and Debbie Prusinovski and other participants for the successful Relay for Life event held at Rancho Cotate High School on June 4 -5, 2005: Mayor Mackenzie READ AND PRESENTED the resolution to Ms. Prusinovski, who expressed appreciation for the City's and community's efforts leading to the success of the event, which will be held again next year. 2. Mayor's Presentation of Resolution recognizing and thanking the Project Graduation Committee for the successful 2005 event: Mayor Mackenzie READ AND PRESENTED the resolution to Janet Callinan and Meryl Montalto, who thanked all of the volunteers, and Council as well for use of the Sports Center every year. Mayor Mackenzie noted Council's interest in working with the Committee in solving certain storage issues. 3. Wayne White, Field Supervisor, Sacramento Fish & Wildlife Office of U.S. Fish & Wildlife Service, regarding Update on California Tiger Salamander: Mr. White reviewed the contents of a Power Point presentation, and he responded to Council questions and comments regarding the planning and implementation processes, school district issues, the Conservation Act and the December 1, 2005 deadline. Council expressed an interest in having staff move ahead quickly and efficiently in meeting the necessary deadlines. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(3 ) Carl Leivo regarding "All America City Recognition ": Mr. Leivo explained this prestigious recognition and how it honors cities that come together to solve their problems. He noted that his former hometown of Hutchinson, Kansas won this award in 1989, and he SUBMITTED to City Manager Donley a handout from the National Civic League which conducts the event. He outlined the reasons why Rohnert Park is not an All American City, noting one of its major challenges as the elected officials' willingness to include and to welcome the participation of all individuals in working together to solve the City's problems. He used Abraham Lincoln's appointment of his three opponents whom he had defeated as an example of building bridges, and he expressed concern at the way the current Council meetings are being conducted. Finally, he called for Council to listen to the people more than talk to them, to seek reconciliation with its political opponents, to address real issues and to work towards a true coalition of elected City leaders. Councilmember Smith SUBMITTED to City Manager Donley information about the "All America City Recognition" in the National Cities Weekly. Vice Mayor Vidak- Martinez discussed how family and daycare issues have caused some Councilmembers to attend more meetings than others, and she indicated that personal attacks make it more difficult for Councilmembers to listen to public speakers. Councilmember Flores noted that Mr. Leivo's comments provide the Council with a challenge to work together to better serve the community. Councilmember Breeze called for Councilmembers to be more approachable and for citizens to become more involved in Council /City matters. She also stated that citizens should be able to state their opinions to Council without Councilmembers responding to defend their actions. Mayor Mackenzie stated that he has faithfully reported the many meetings he has attended and that he is approachable. 11. MATTERS FROM /FOR COUNCIL: [Out of order.] 1. Association of Bay Area Governments (ABAG) - CalFed Task Force and Bay Area Water Forum pledge reminder: Council Discussion /Direction /Action: At the recommendation of Mayor Mackenzie, Council CONCURRED TO DIRECT STAFF to send a $1000 donation. Councilmember Smith SUBMITTED to City Manager Donley additional related documents. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(4 ) 2. Climate Protection Campaign - Mayor's Initiative: Council Discussion /Direction /Action: Vice Mayor Vidak- Martinez shared opening comments. Ann Hancock, President, Climate Protection Campaign, and Michelle Cadigan, Senior at Rancho Cotate High School and Co -chair of Climate Protection Control group called SAVE, DISTRIBUTED AND REVIEWED a document regarding efforts to reduce greenhouse gases, and they responded to Council questions /comments. Council CONCURRED (1) to authorize Mayor Mackenzie to sign the Campaign's letter, and (2) to put said resolution on the next agenda for Council consideration. 3. Calendar of Upcoming Events: Mayor Mackenzie referred Council to said document provided in the agenda packets. 4. Agenda Forecast: Mayor Mackenzie referred Council to said document provided in the agenda packets. 5. Other informational items, if any: a. Sonoma State University - Welcome Back efforts: At the suggestion of Councilmember Smith, Council CONCURRED TO DIRECT STAFF to send a letter to the Chamber of Commerce encouraging their continued participation in the welcome back efforts for the SSU students. Councilmember Flores indicated that he will convey the message to Carla Howell at his meeting with the Chamber tomorrow. 3. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Incorporated, by James J. Reilly III, Legislative Representative: Reports to resume August 23, 2005, per request from Mr. Reilly to remove matter from agenda until then. 4. UNSCHEDULED PUBLIC APPEARANCES /CONNENTS: Members of the public who filled out a speaker card were invited to come forward and speak. 1. Tom Thunderhorse, 207 Southwest Boulevard, was recognized and requested Council assistance in fixing a problem on the Rohnert Park Expressway that causes a bottleneck. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(5 ) City Engineer Jenkins came forward and explained the City's efforts to remedy the problem. Mayor Mackenzie asked that staff keep Council updated on the situation, and Councilmember Flores SUGGESTED that staff place an article about this issue in the City's section of The Communitv Voice. 2. Seamus Seanachaoi, 207 Southwest Boulevard, was recognized and commended the Department of Public Safety for its efforts in working with neighbors and businesses in the Southwest Shopping area to ensure a safe and enjoyable Fourth of July this year. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 5. CONSENT CALENDAR: Mayor Mackenzie asked if there were any questions about the matters on the Consent Calendar. Mayor Mackenzie signified removal of the following items for further discussion: Regular Concurrent City Meetings for June 14, 2005 per Councilmember Smith's recommendation. A. APPROVAL OF CITY COUNCIL CONCURRENT MEETING MINUTES FOR: SPECIAL MEETING —JUNE 14, 2005 B. APPROVAL OF CITY BILLS /DEMANDS FOR PAYMENT: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF: $1,470,226.09 C. RESOLUTIONS FOR ADOPTION: 2005 -212 AUTHORIZING AND APPROVING AGREEMENT WITH RESTORATIVE RESOURCES FOR FAMILY GROUP /RESTORATIVE CONFERENCING (FOR FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006) 2005 -213 AWARDING THE CONTRACT TO KEMEN & SON, INC. FOR THE ROHNERT PARK STADIUM DEMOLITION PROJECT NO. 2004 -02 2005 -214 APPROVING CONTRACT CHANGE ORDER NO. 2 WITH MURRAY BUILDERS FOR ROHNERT PARK ANIMAL SHELTER REMODEL PROJECT NO. 2003 -28 2005 -215 ACCEPTING COMPLETION AND DIRECTING THE CITY ENGINEER TO FILE NOTICE OF COMPLETION FOR ANIMAL SHELTER RENOVATION PROJECT NO. 2003 -28 2005 -216 APPROVAL OF PLANS AND CALL FOR SEALED PROPOSALS, COMMERCIAL WATER METER REPLACEMENT PROJECT, PHASE III, PROJECT NO. 2004 -03 *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(6 ) 2005 -217 APPROVAL OF PLANS AND CALL FOR SEALED PROPOSALS, BURTON AVENUE RECREATION CENTER RE -ROOF AND RENOVATION PROJECT NO. 2004 -04 2005 -218 APPROVAL OF PLANS AND CALL FOR SEALED PROPOSALS, SPORTS AND FITNESS CENTER RE -ROOF PROJECT NO. 2004 -07 2005 -219 APPROVING PARCEL MAP NO. 163, LANDS OF SANTA ROSA PRESS DEMOCRAT INC., 5505 REDWOOD DRIVE (ASSESSOR'S PARCEL NO. 143- 040 -063) 2005 -220 AUTHORIZING AND APPROVING ASSOCIATE MEMBERSHIP AGREEMENT WITH THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO (TO FACILITATE PENDING VALLEY VILLAGE MOBILEHOME PARK BOND FINANCING PURCHASE BY CARITAS CORPORATION) 2005 -221 REJECTING THE CLAIM OF MEG E. SEVRENS (FOR ALLEGED INJURIES FROM FALL ON BIKE PATH) 2005 -222 REJECTING THE INSUFFICIENT CLAIM OF DOUGLAS ECCLES (FOR ALLEGED DAMAGES FROM POLICE ACTION RETAINING PERSONAL ITEM) Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, reading was waived and a motion to approve the Consent Calendar as outlined in the meeting's agenda-, with the exception of the Regular Concurrent Meeting Minutes of June 14, 2005, UNANIMOUSLY APPROVED. Item for Consideration: APPROVAL OF CITY COUNCIL CONCURRENT MEETING MINUTES FOR: REGULAR MEETING - JUNE 14, 2005 Councilmember Smith noted a correction to the Regular Meeting minutes of June 14, 2005 as follows: Agenda Item No. 15, "Communications," No. 4, change "North Bay Construction" to "North Bay Industries." Vice Mayor Vidak - Martinez added further clarification to the end of the sentence to read as follows: "as well as other agencies that work with Food Max." Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, a motion to adopt the Regular Meeting Minutes of June 14, 2005 was UNANIMOUSLY APPROVED AS CORRECTED. Mayor Mackenzie recessed the City Council meeting at 8:08 p.m. and convened the CDC meeting at 8:08 p.m. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(7 ) ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COMMUNITY DEVELOPMENT COMMISSION of the CITY OF ROHNERT PARK AGENDA: July 12, 2005 Tuesday The Meeting of the City of Rohnert Park for the Community Development Commission (CDC) met this date in Regular Session commencing at 8:08 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Chairperson Mackenzie presiding. CALL TO ORDER /PLEDGE OF ALLEGIANCE: Chairperson Mackenzie CALLED the CDC Meeting to order at 8:08 p.m. ROLL CALL: Present: (5) Commissioners Flores, Smith, Breeze and Vidak- Martinez; Chairperson Mackenzie Absent: (0) None Staff present for all or part of the CDC Meeting: Executive Director Donley, Assistant General Counsel Whelan, Videographer Beltz and Transcriber Leonard. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1. CONSENT CALENDAR Chairperson Mackenzie asked if there were any questions about matters on the Consent Calendar. A. APPROVAL OF CDC PORTION OF CONCURRENT CITY COUNCIL MEETING MINUTES FOR: ti SPECIAL MEETING - JUNE 14, 2005 REGULAR MEETING - JUNE 14, 2005 B. APPROVAL OF CDC BILLS /DEMANDS FOR PAYMENT: COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $3,266.25 Upon MOTION by Commissioner Vidak- Martinez, seconded by Commissioner Flores, reading was waived and-a motion to approve the CDC Consent Calendar, as outlined in the meeting's agenda, was UNANIMOUSLY APPROVED. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(8 ) ADJOURNMENT: There being no further business, Chairperson Mackenzie adjourned the CDC Meeting at 8:09 p.m. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RECONVENE: Mayor Mackenzie reconvened the City Council meeting at 8:09 p.m. 6. PROPERTY PURCHASE OF 130 AVRAM AVENUE: Consideration of Purchase Agreement for real property located at 130 Avram Avenue, Rohnert Park, California (Assessor's Parcel No. 143 - 061 -053): 1. Staff Report: City Manager Donley reviewed the contents of the Staff Report and responded to Council questions /comments. 2. Public Comments: None. 3. Resolution for Adoption: 2005 -223 AUTHORIZING AND APPROVING AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (INCLUDING ESCROW INSTRUCTIONS) FOR CERTAIN REAL PROPERTY KNOWN AS 130 AVRAM AVENUE, ROHNERT PARK, CALIFORNIA 94928 (ASSESSOR'S PARCEL NO. 143 - 061 -053) Council Motion /Discussion /Vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Smith, to adopt Resolution 2005 -223. Under discussion, Councilmember Flores commended staff on a sound investment in said facility. Vice Mayor Vidak- Martinez commented on how the facility will be an energy- efficient "Green" building which complies with the Climate Protection Goals. Mayor Mackenzie discussed how the building will set an example locally of conserving scarce resources. He also expressed an interest in a connection with Copeland Creek. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2005 -223 was ADOPTED. 7. GREEN BUILDING GUIDELINES: Review and consideration of adoption of Alameda County Waste Management Authority's Green Building Guidelines as City of Rohnert Park referenced standards: *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(9 ) 1. Staff Report: Senior Planner Bendorff shared the contents of the Staff Report, and he, Deputy Chief Building Official Bruck and Assistant City Attorney Whelan responded to Council questions /comments. 2. Public Comments: None. 3. Resolution for Adoption: 2005 -224 ADOPTING THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY'S GREEN BUILDING GUIDELINES AS CITY OF ROHNERT PARK REFERENCED STANDARDS Council Motion /Discussion /Vote: Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Smith, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2005 -224 was ADOPTED. 8. PLANNING AND ZONING MATTER: Subdivision Ordinance - File No. PL2005 -031MC - Consideration of second reading for adoption of proposed ordinance amending Title 16, "Subdivisions," of the Rohnert Park Municipal Code: 1. Staff Report: City Manager Donley reviewed the contents of the Staff Report. 2. Public Comments: None. 3. Waive Second Reading and Adopt Ordinance by reading title: No. 744 AMENDING TITLE 16, "SUBDIVISIONS, OF THE ROHNERT PARK MUNICIPAL CODE Council Motion /Discussion /Vote: Upon MOTION by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 744 was ADOPTED BY ROLL CALL VOTE. 9. COUNCIL COMMITTEE'AND /OR OTHER REPORTS: 1. Sonoma County Lodging Association, Tourism Program, June 29, 2005: Mayor Mackenzie indicated that he did represent the City at this function. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(10) 2. Paul V. Berlant, Windsor Town Manager, Retirement, July 9, 2005: Mayor Mackenzie indicated that he did represent the City at this function, and he indicated that he looks forward to working with Mr. Berlant when he becomes the Sonoma County Range Rider Manager. 3. Sonoma County Transportation Authority (SCTA) Meeting Schedule - Cancellation of July and August 2005 SCTA meetings: Mayor Mackenzie noted said cancellations, commented on passage of the State budget and provided an update of the Wilfred Avenue project. 4. Other informational reports, if any: a. Green Music Center: Councilmember Smith commented on passage of the State budget and how it relates to the Green Music Center. 10. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. No communications were pulled for discussion. 11. MATTERS FROM /FOR COUNCIL: 12. CITY MANAGER'S REPORT: [Handled earlier in meeting.] 1. Local Agency Formation Commission (LAFCO), July 6, 2005 meeting: City Manager Donley noted staff's comments at said meeting regarding fire services. 2. 2004 -2005 Sonoma County Grand Jury Report: City Manager Donley stated that staff will provide the City's responses to Council for review. He indicated that he agendize the conflict -of -issue matter for Council discussion /direction /action. 3. Fourth of July Fireworks - Public Safety Activity: City Manager Donley reviewed the Staff Report, and Director Public Safety Bullard responded to Council questions /comments. At the suggestion of Councilmember Flores, Council CONCURRED TO DIRECT STAFF to return to Council with recommendations regarding the City's current fireworks policy. 4. Other informational items, if any: a. State Budget: City Manager Donley shared brief comments on the passage of the State Budget. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 12, 2005 Page(ll) b. Speed Bumps: City Manager Donley provided an update on CCORP's unsuccessful efforts to garner enough neighborhood support to get speed bumps on Adrian Drive. c. Pet Vaccinations: City Manager Donley referred Council to a reminder letter being sent to all pet owners who have fallen behind in vaccinating their pet(s). d. Meetings with individual Councilmembers: City Manager Donley stated that he is interested in meeting with each Councilmember individually to find out what matters /issues they would like to hear about regularly at the Council meetings, as well as what activities they would like to see the City continue or begin. 13. PUBLIC COMMENTS: Members of the public desiring to speak were invited to- come forward. No members of the public responded. ADJOURNMENT: There being no further business, Mayor Mackenzie ADJOURNED the meeting at 8:47 p.m. w Katy Leonard Certified Shorthand Reporter CSR No. 11599 Jae e Mackenzie Mayor C1 y of Rohnert Park *City Council /Community Development Commission