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2011/02/22 City Council Minutes MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday, February 22, 2011 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CALL TO ORDER/ROLL CALL Mayor Belforte called the City CouncillCDC/RPFAjoint regular meeting to order at 5:00 p.m. Present: Gina Belforte, Mayor Jake Mackenzie, Vice Mayor Amy Ahanotu, Council Member Joseph T. Callinan, Council Member Pam Stafford, Council Member Staff present: Gabriel Gonzalez, City Manager; Michelle Marchetta Kenyon, City Attorney; and Judy Hauff, City Clerk. PLEDGE OF ALLEGIANCE - Led by Gian Carlo Gregoretti, Student, Monte Vista Elementary School. 2. CLOSED SESSION A. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A Mayor Belforte recessed this meeting to closed session at 5:03 p.m. to consider: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Government Code ~54956.9) Significant exposure to litigation pursuant to subdivision (b) of Government Code ~54956.9: 1 case B. RECONVENE JOINT REGULAR MEETING OPEN SESSION IN COUNCIL CHAMBER Mayor Belforte reconvened this meeting at 6:08 p.m. with all Council Members present. c. MAYOR'S REPORT ON CLOSED SESSION (Government Code ~ 54957.1) Mayor Belforte advised there was nothing to report from closed session. 3. SSU STUDENT REPORT Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative, Cameron Baxter, Speaker of the Senate, distributed Sonoma State Star publication and reported on current activities at SSU. 4. PRESENTATIONS A. Groundwater Management Plan Presentation by Santa Rosa Plain Steering Committee Jay Jasperse, Chief Engineer, Santa Rosa, provided this presentation. 5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS A. Tasty Tuesday Update by Recreation Supervisor Seidenspinner. B. Quarterly Progress Report on Proposed Revenue Measures with introductory comments by City Manager Gonzalez and report by Director of Administrative Services Lipitz. Revenue Enhancement Ad-Hoc Committee, 2/17/11 mtg. (JCIlM) Vice Mayor Mackenzie reported on this meeting noting it was listed later on this evening's agenda but reported at this time due to being related to above report. C. Update on Community Development Block Grant (CDBG) Funds by City Manager Gonzalez. ADDITIONAL ITEM: D. Corrected Publication of State Controller's Report on City's Annual Report for Financial Transactions - City Manager Gonzalez provided an explanation for Fiscal Year 2009 and 2010 State Controller Reports. 6~ PUBLIC COMMENTS - Mayor Belforte invited public comments at 7:08 p.m. A. Liz Sutton of North Bay Industries, Rohnert Park, and Elizabeth Clary of Old Adobe Developmental Services (OADS), Petaluma, commented on local impact of state budget cuts and support of a resolution for people with disabilities and requested Council. to consider supporting their efforts. B. Paul Libeu, resident, commented on sewerrates and previous Measure L for sewer rates. C. Mac McCaffry, resident, commented on sewer rates, water meters, and desire for Trader Joes at Pacific Market location. D. Christal Barquero, resident, commented on illegal use of phones in vehicles and upcoming event this Sunday to raise awareness. In response to request from Mayor Belforte, Director of Public Safety Masterson reported on shared goals and objectives for more positive contact. with the public on the use of cell phones in vehicles. E. Andy Durkee, as member of Sewer Fund Stakeholder Group, commended the City for establishing the Sewer Fund Stakeholder Group and staff support on this effort to enable citizens to be well informed on sewer rates. 7. CONSENT CALENDAR Mayor Belforte advised Item D would be handled separately due to. requirement of a roll call vote for adoption of ordinances. . . City Manager Gonzalez requested to pull Item A.1 for the minutes of February 8,2011 due to needing a number of corrections and advised approval of these minutes would be deferred to the next City Council meeting. B. Acceptance of Reports for: 1. City Bills/Demands for Payment 2. CDC Bills/Demands for Payment 3. City Cash/Investments Report for Month Ending January 2011 4. CDC Cash/Investments Report for Month Ending January 2011 5. RPFA Cash/Investments Report for Month Ending January 2011 C. City Council Resolutions. for Adoption: 1. 2011-13 Authorizing and Approving Master Design Professional Agreement for Municipal Engineering Services with Brelje & Race 2. 2011-14 Authorizing and Approving Master Design Professional Agreement for Municipal Engineering Services with Coastland Civil Engineering, Inc. E. Acceptance of resignation of Ronald Breeze from the Cultural Arts Commission ACTION: Moved/seconded (Stafford/Callinan) and carried unanimously to approve the Consent Calendar items with the exception of Item No. A.l (City-CDC-RPF A Joint Regular Meeting Minutes of February 8, 2011) and Item Nos. D.1 and D.2 (Ordinance Nos. 833 and 834). Items removed from Consent Calendar: A. Approval of Minutes for: 1. City-CDC-RPFA Joint Regular Meeting - February 8, 2011 - DEFERRED D. Ordinances for Adoption: Waived Full Reading and Adopted Ordinances by Reading Titles:. 1. No. 833 Amending Section 2.24.040, Term of Office of Members, of Chapter 2.24, Cultural Arts Commission, of the Rohnert Park Municipal Code 2. No. 834 Repealing and Replacing Chapters 13.08 (Sewer Use Ordinance-Purpose and Applicability), 13.12 (Definitions), 13.16 (Sewers-General Provisions, 13.26 (Sewer Laterals and Private Sewers), 13.28 (Sewer Users), 13.32 (Sewer Use Permits), 13.36 (Sewers-Regulation of Waste Discharges), 13.48 (Sewers-Administration, and 13.52 (Sewers-Enforcement) of Title 13, Water and Sewers, of the Rohnert Park Municipal Code ACTION: Moved/seconded (Callinan/Stafford) and carried unanimously by roll call vote to adopt above-titled Ordinance Nos. 833 and 834 as submitted. 8. PRESENTATION OF SEWER RATE STUDY AND PROPOSED RATES A. Staff Report by Interim Assistant City Manager Dunn. B. Presentation by Sewer Rate Analyst, Bob Reed of The Reed Group, Inc. C. Public Comments Mayor Belforte invited public comments on this.item at 8:29 p.m. No one responded. D. Council discussion/direction Discussion concluded with final comment by City Attorney Kenyon advising that in order to avoid violating any state law or any contractual obligations, it is incumbent upon this Council to adopt a new rate structure for the City and its rate payers. Mayor Belforte summarized Council direction from tonight's review and discussion of this item indicating Council agreement with the next steps as outlined in tonight's presentation and to continue with the final rate study and the analysis and bring it back to the next Council meeting of March 8th to consider formal approval. COUNCIL CONCURRED. RECESSED: Mayor Belforte recessed this meeting at 8:57 p.m. RECONVENED: Mayor Belforte reconvened this meeting at 9:08 p.m. with all Council Members present 9. PUBLIC ART ORDINANCE - Adoption of Ordinance Repealing Chapter 17.18, "Public Art," of Title 17, "Zoning," of the Rohnert Park Municipal Code and Adoption of Resolution Repealing Resolution No. 2007-51, Approving and Adopting Public Art Ordinance Guidelines A. Staff Report by City Manager Gonzalez B. Public Comments Mayor Belforte invited public comments on this item at 9:09 p.m. No one responded C. Ordinance for Adoption: Waived Full Reading and Adopted Ordinance by Reading Title: 1. No. 835 Repealing Chapter 17.18, "Public Art," of Title 17, "Zoning," of the Rohnert Park Municipal Code ACTION: Moved/seconded (Callinan/Stafford) and carried 4 - 1 dissenting (Mackenzie) by roll call vote to adopt above-titled Ordinance No. 835 as submitted. D. Resolution for Adoption: 1. 2011-15 Repealing Resolution No. 2007-51, Approving and Adopting Public Art Ordinance Guidelines ACTION: Moved/seconded (Stafford/Callinan) and carried 4 - 1 dissenting (Mackenzie) to adopt above-titled Resolution No. 2011-15 as submitted. 10. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS) CONTRACT AMENDMENT - Adoption of Resolution of Intention for an Amendment to the City's Contract with CaIPERS; and Introduction of an Ordinance Authorizing the Contract Amendment A. Staff Report by City Manager Gonzalez B. Public Comments Mayor Belforte invited public comments on this item at 9: 11 p.m. No one responded. C. Resolution for Adoption: 1. 2011-16 Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the City Council of the City of Rohnert Park ACTION: Moved/seconded (Callinan/Stafford) and carried unanimously to adopt above- titled Resolution No. 2011-16 as submitted. D. Ordinance for Introduction: Waived Full Reading and Introduced Ordinance by Reading Title: 1. No. 836 Authorizing an Amendment to the Contract Between the City Council of the City of Rohnert Park and the Board of Administration of the California Public Employees' Retirement System (CaIPERS) ACTION: Moved/seconded (Callinan/Stafford) and carried unanimously by roll call vote to introduce above-titled Ordinance No. 836 as submitted. 11. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Consideration of nominations and appointments to advisory bodies for current vacancies and/or terms expired December 31,2010 A. Bicycle Advisory Committee - One two-year term (AA nomination) COUNCIL CONCURRED with the appointment of Carson Williams (Ahanotu nomination). B. Cultural Arts Commission - Two two-year terms (AA & PS nominations) COUNCIL CONCURRED with the appointment of Phyllis Transue (Stafford nomination) and to continue advertising for the remaining vacancy (Ahanotu nomination). Vice Mayor Mackenzie called attention to acceptance of resignation of Ronald Breeze from the Cultural Arts Commission on the Consent Calendar earlier this evening. COUNCIL CONCURRED with request by Vice Mayor Mackenzie for the Mayor to send a letter of appreciation to Ronald Breeze for his past service on the Cultural Arts Commission, and for staff to advertise for this vacancy. 12. SONOMA COUNTY WATER AGENCY (SCW A) 2011/12 BUDGET (JM) Consideration of Sonoma County Water Agency (SCW A) Fiscal Year 2011/12 Budget and Council direction to Water Advisory Committee representative for advisory vote A. Vice Mayor Mackenzie reviewed this item. B. Public Comments Mayor Belforte invited public comments on this item at 9: 16 p.m. No one responded. C. Council discussion/direction -. COUNCIL CONCURRED to direct Vice Mayor Mackenzie as the Water Advisory Committee (WAC) representative, as recommended by WAC, to vote in favor of adoption of the proposed budget and rate change for the. Sonoma County Water Agency (SCW A) Fiscal Year 2011/12 Budget. 13. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports 1. Economic Development, 2/1 0/11 mtg. (PS/GB) Mayor Belforte reported on this meeting. Council Member Stafford displayed a Visitor Guide she obtained at the Chamber of Commerce and commended the page on Rohnert Park regarding great things to do in Sonoma County. 2. Water/Wastewater Issues, 2/15/11 mtg. (JM/GB) Vice Mayor Mackenzie reported on this meeting. B. Ad-Hoc Committees 1. Revenue Enhancement, 2/17/11 mtg.(JC/JM) The report on this meeting was reviewed earlier on tonight's agenda under Item No.5. D. Other Reports 1. 50th Anniversary Committee meeting - Council Member Callinan called attention to recent meeting of citizens for the City's 50th Anniversary in 2012 with invitation for volunteers. He advised this Committee meets the 3rd Wednesday every month at the Community Center at 5:30 p.m. 2. Mayors' & Councilmembers' Association, 2/10/11 mtg. (AA/JMlGB) Mayor Belforte reported on this meeting which included review of appointments made to current vacancies. 14. COMMUNICATIONS A. Council Member Stafford called attention to Item No. 5 on Communications regarding letter from Brandon Davidge and response from City Manager Gonzalez on exploratory evaluation of cost proposal for law enforcement services by the Sheriff s Office. As requested, City Manager Gonzalez reviewed this item resulting from severe budget deficit and efforts toward cost savings measures and that all City services were being evaluated. B. Vice Mayor Mackenzie called attention to February 16, 2011 letter from City Manager Gonzalez for Public Comments Processing to U. S. Fish and Wildlife Service regarding Proposed Critical Habitat Designation of California Tiger Salamander with request for consideration of removal of the critical habitat designation of described 75 acre portion of the 175 acre areawithin the city limits known as Sonoma Mountain Village. C. Mayor Belforte commented on the State Budget Update with Governor setting the March 10th deadline and indicated that she and the City Manager have discussed having a town hall meeting on March 4th to invite Legislators including Assemblyman Jared Huffman and Senators Mark Leno and Noreen Evens to provide an opportunity for residents to discuss all encompassing questions on the budget. Vice Mayor Mackenzie suggested also inviting Assemblyman Michael Allen due to being geographically close and believed he was on the Assembly Budget Committee. 15. MATTERS FROMIFOR COUNCIL A. Sonoma State University (SSU) matter - Council discussion of potential ideas to recognize Sonoma State University as a community partner - Mayor Belforte explained this item including example of SSU Green Music Center opening in the near future with vital economic boon for Rohnert Park and the need for better signage for directions to the SSU Campus and Green Music Center, as well as welcome back signs for both University and Rancho Cotate High School students. 1. Council discussion/direction - Council concurred with the need as reviewed for this item and agreed to refer the matter to the City Manager to contact SSU to discuss ideas and report back to Council. B. Other informational items 1. Vice Mayor Mackenzie called attention toSSU Professor Steve Orlick's Senior Planning Workshop held at Rohnert Park City Hall last week regarding suggestions on development of Rohnert Park over the next 50 years. He indicated this is another example of an opportunity for the City to work closely with SSU. 2. Mayor Belforte shared this is Restaurant Week to encourage everyone to support our . local restaurants and go out to eat at least once each week. 16. PUBLIC COMMENTS Mayor Belforte invited public comments at 9:44 p.m. No one responded 17. ADJOURNMENT of City Council-CDC-RPF A Joint Regular Meeting Mayor Belforte adjourned this meeting at 9:44 p.m. 9:~d/~ Ju auff, Ci rk City of Rohnert Park