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2011/04/26 City Council Minutes MINUTES OF THE JOINT REGULAR MEETING CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday, April 26, 2011 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CALL TO ORDER/ROLL CALL Mayor Belforte called the City Council/CDC/RPF A joint 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. 2. PLEDGE OF ALLEGIANCE - Led by Public Safety Director Brian Masterson 3. SSU STUDENT REPORT By Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative Mayor Belforte noted the SSU student representative was not available for this report. 4. PRESENTATION OF MAYOR'S PROCLAMATIONS Mayor Belforte shared contents and presented Proclamations as follows: A. Recognizing and Honoring Rancho Cotate Cougars Varsity Wrestling Team as North Bay League Champions to Coach Ryan Lunsford and representatives of the team. B. Recognizing 15t Week in Mayas Affordable Housing Week to Mary Eble, Member of Sonoma County Housing Coalition, who shared comments including reference to recent invitation to breakfast for Affordable Housing Week on May 9th. C. Recognizing Mayas Building Safety Month to Marilyn Ponton, Planning and Building Manager, who shared comments that staff of the Development Services Department will be sponsoring a booth for this item at Tasty Tuesdays on May 10th. D. Recognizing May 12th as Bike to Work Day to Sandra Lupien, Development & Outreach Director, Sonoma County Bicycle Coalition, who shared comments that they will be hosting the Team Bike Challenge, a month long contest in May, and listed other events scheduled throughout the County on May 1ih for Bike to Work Day. 5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS A. Update of Public Safety Sponsored Activities by Public Safety Director Masterson with Officer Steve Luscomb on efforts to rebuild pedestrian bridges. Chief Masterson reported on other Public Safety goals and objectives including two fund raisers for Special Olympics on Saturday, May 14th with Tip A Cop at Mary's Pizza and the 3rd Annual Running with the Pack; and commended Public Safety Department efforts identifying the March sexual predator at schools and now in custody in county jail. B. Budget Fiscal Year 2010/11 - 3rd Quarter Update with opening comments by City Manager Gonzalez and report by Director of Administrative Services Lipitz. 6. PUBLIC COMMENTS - Mayor Belforte opened public comments at 5:57 p.m. A. Tamara Davis, Redistricting Supervisor, shared comments pertaining to the Sonoma County Board of Supervisors setting up a Redistricting Committee for redistricting considerations after the census comes in. She advised the first meeting was held last night with two more meetings scheduled May 18th and June 1 st at 10:00 a.m. B. Cathy Slack of Maverick Media, Santa Rosa, provided an update on the Summer Music Festival at the Farmers Market planned this year from June 3rd to September 30th with the music series extended to all 18 weeks of this year's Farmers Market compared to 6 weeks last year. 7. CONSENT CALENDAR Council Member Ahanotu pulled Item No. 7.A.1 on minutes of April 12, 2011. Mayor Belforte pulled Item No. 7.C.2 on Resolution No. 2011-32 and Item D on letters of support for AB 579 and SB 444. B. Acceptance of Reports for: ]. City Bills/Demands for Payment 2. CDC Bills/Demands for Payment 3. City Cash/Investments Report for Month Ending March 20]] 4. CDC Cash/Investments Report for Month Ending March 20]] 5. RPFA Cash/Investments Report for Month Ending March 20]] C. City Council Resolutions for Adoption: 1. 2011- 31 Adopting a Social Media Policy ACTION: Moved/Seconded (Mackenzie/Callinan) and carried unanimously to approve the Consent Calendar items as submitted with the exception of Item Nos. 7.A.1 (April 12, 2011 minutes), 7.C.2 (Resolution No.2011-32) and D (support letters). Items removed from Consent Calendar for discussion: A. Approval of Minutes for: 1. City-CDC-RPFA Joint Regular Meeting - April 12, 2011 Council Member Ahanotu indicated he would be abstaining on this item due to absence from the April 1 ih meeting. ACTION: Moved/Seconded (Callinan/Stafford) and carried 4 - 0 - 1 abstained (Ahanotu) to approve the April 12,2011 City-CDC-RPFA Joint Regular Meeting Minutes as submitted. 2. 2011-32 In Opposition to the Governor's Realignment Proposal to Shift Adult Parole Programs, Services and Supervision from the State to Local Governments Public Safety Director Masterson responded to Mayor Belforte's questions on this item. ACTION: Moved/Seconded (Stafford/Ahanotu) and carrIed unanimously to adopt above- titled Resolution No. 2011-32 as submitted. D. Approving Letters of Support for AB 579 (Mobilehome Parks) and SB 444 (Land Use) Mayor Belforte commented that she received a phone call from Len Carlson who reiterated the importance of these bills. ACTION: Moved/Seconded (Stafford/Callinan) and carried unanimously to approve sending the letters of support as submitted for AB 579 (Mobilehome Parks) and SB 444 (Land Use). 8. APPEAL HEARING - Application for Conditional Use Approval from Tareq Alrehani for a tobacco store at 540 Raley's Towne Centre No. 23 - Consideration of an appeal of the Planning Commission denial of a tobacco store at 540 Raley's Towne Centre No. 23 (File No. PL2011-0014UP) A. Staff Report by Planning and Building Manager Ponton. B. PUBLIC HEARING - Mayor Belforte opened the public hearing for this item at 6:21 p.m. 1. Jeff Sacher, Santa Rosa, indicated he was here with and on behalf of the applicant Tareq Alrehani, and shared contents of letter expressing support of this appeal. 2. Kirstie Moore, resident, expressed support of this appeal. The public hearing for this item was closed at 6:26 p.m. ACTION: Moved/seconded (Stafford/Callinan) and carried 4 - 1 dissenting (Mackenzie) to grant the appeal for this item with no modifications. Vice Mayor Mackenzie indicated for the record his reason for dissenting was due to believing there should be a modification reflecting there should be no signs placed in the windows. City Attorney Kenyon indicated the resolution approving this appeal will come back on the consent calendar of the next Council meeting unless Council directs otherwise at this time. Council concurred to place this item on the consent calendar of the next Council meeting. 9. ELECTRONIC FREEWAY SIGN - Consideration of Awarding Bid Proposal to N2 Holdings, Inc. to design, build and market an advanced digital outdoor advertising system for operation of the electronic freeway sign located on the west side of Commerce Boulevard and adjacent to Highway 101 A. Staff Report provided by Director of Administrative Services Lipitz and Planning and Building Manager Ponton B. Public Comments - Mayor Belforte invited public comments for this item at 6:50 p.m. 1. Robert "Jake" Jacobson, Santa Rosa, expressed opposition to this item with reference to a publication he left with the City Clerk entitled, "Overview of the National Highway Traffic Safety Administration's Driver Distraction Program." C. Resolution for Adoption: 1. 2011-33 Awarding Bid Proposal to N2 Holdings, Inc. to Design, Build, and Market an Advanced Digital Outdoor Advertising System and Authorizing the City Manager to Enter into a Related Lease Agreement with N2 Holdings, Inc. ACTION: Moved/seconded (Stafford/Ahanotu) to adopt above-titled Resolution No. 2011-33 as submitted included friendly amendment (Callinan) to change paragraph 15 on Assignment and Transfer, pertaining to having written consent of Lessor, to remove the wording, "which consent shall not be unreasonably withheld;" paragraph 24, change Lessor to indicate City Manager; and include language for the city to have 10% air time on the billboard. Above motion was withdrawn by maker of the motion (Stafford). Moved/seconded (Stafford/Mackenzie) and carried unanimously to adopt above- titled Resolution No. 2011-33 as submitted with the exception of changing the Lessor specified in the agreement to the attention of the City Manager and adding language in the agreement to include the 10% air time the City has on the billboard. RECESSED/RECONVENED: Mayor Belforte recessed this meeting at 7:14 p.m. and reconvened the meeting at 7 :22 p.m. with all Council Members present. 10. ESTABLISHMENT OF THE CITY OF ROHNERT PARK FOUNDATION Consideration of establishing the City of Rohnert Park Foundation as a 501 (c )(3) organization for the purpose of benefiting the community at large and raising funds in connection with the development of civic projects within the City A. Staff Report by Interim Assistant City Manager Dunn B. Public Comments Mayor Belforte invited public comments on this item at 7:27 p.m. No one responded. C. Resolution for Adoption: 1. 2011-34 Supporting the Establishment of the City of Rohnert Park Foundation as a 501(c)(3) Non-Profit Corporation and Authorizing the City Manager to Take All Actions Necessary to Legally Establish the Foundation ACTION: Moved/seconded (Stafford/Callinan) and carried unanimously to adopt above-titled Resolution No. 2011-34 as submitted. 11. SISTER CITIES RELATIONS COMMITTEE MATTER- Consideration of sponsorship or waiver of fees for Sister Cities' Committee fundraising event for Hashimoto, Japan to provide funds for disaster relief to help rebuild the lives of the citizens of Japan devastated by the recent earthquake and tsunami. 1. Staff rep0l1 by City Manager Gonzalez 2. Council discussion/direction ACTION: Moved/seconded (Stafford/Ahanotu) and carried unanimously to approve the sponsorship with waiver of fees for the Sister Cities' Committee fundraising event as proposed in the staff report provided for this item. 12. FEASIBILITY STUDY FOR ALTERNATIVE ROHNERT PARK SMART STATION LOCATION - Consideration of Feasibility Study for the Alternative RohnertPark Sonoma Marin Area Rail Transit (SMART) Rail Station location near Rohnert Park Expressway A. Staff report by Development Services Director/City Engineer Jenkins B. Public Comments - Mayor Belforte invited public comments on this item at 7:58 p.m. 1. Sue Parker, resident, expressed support of the alternate SMART station. 2. Lillianna House, resident, expressed support of the alternate SMART station. 3. Council discussion/direction - Discussion included comments and responses" to additional Council questions on this item by SMART Representative John Nemeth. ACTION: Moved/seconded (Mackenzie/Stafford) and carried 4 - 1 dissenting (Callinan), as . recommended in the staff report provided for. this item, to approve pursuing the relocation of the SMART station to the Rohnert Park Expressway site for the reasons listed in the SMART memorandum and directing staff to work with SMART on a formal notice and cost sharing framework, including the possibility of necessitating a real estate transaction, subject to closed session discussion, due to the feasibility of the station site being contingent on the use of City property. 13. CDC ITEM -FACADE IMPROVEMENT AND COMMERCIAL REHABILITATION LOAN PROGRAM - Consideration of this Program to assist the Economic Development/Job Creation Program of the City A. Staff Report "by Interim Assistant City Manager Dunn. City Attorney Kenyon noted a correction on page 15 of this loan program under item No.9 for Definitions, to change the definition of Loan Committee from the City Council to the Community Development Commission of the City of Rohnert Park. B. Public Comments Mayor Belforte invited public comments on this item at 8:35 p.m. No one responded. C. CDC Resolution for Adoption: 1. 2011-04 Approving the Fayade Improvement and Commercial Rehabilitation Loan Program for the Rohnert Park Redevelopment Project Area and Directing Staff to Prepare a Service Agreement for Program Administration by the Sonoma County Community Development Commission ("SCCDC") ACTION: Moved/seconded (Mackenzie/Stafford) and carried unanimously to adopt above-titled CDC Resolution No. 2011-04 as submitted with amendment to the Loan Program on page 15 under definitions, as reviewed by City. Attorney Kenyon, to change the wording on the definition for Loan Committee to the Community Development Commission of the City of Rohnert Park. 14. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports - None B. Liaison Reports 1. Library Advisory Board, 4/19/11 mtg. (AA) Council Member Ahanotu reported on this meeting which included budget issues and ways to limit the impact. 2. Redwood Empire Municipal Insurance Fund (REMIF) Quarterly Meeting, 4/14/11 (GG) City Manager Gonzalez reported on this meeting which included review of upcoming increase in premium costs; savings from workers' compensation; and policy change pertaining to health care plan enrollment and qualifying for coverage in retirement. 3. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCT A/RCP A), 4/25/11 mtg. (JM) Vice Mayor Mackenzie reported on this meeting for a study session on Community Choice Aggregation with representatives from UC Davis, Marin Energy Authority, Kings River Conservation District/San Joaquin Valley Power Authority, Pennacle Homes, and the Electrical Workers Union presenting the topic of should Sonoma County enter into creation of a Community Choice Aggregation method of supplying electricity to citizens of Sonoma County. 4. Chamber of Commerce - Council Member Stafford reported that membership is up with the Chamber of Commerce getting greater participation with all their activities and there is a Business Showcase at the Doubletree Hotel on May 26th from 5:00 to 7:00 p.m. C. Other Reports 1. Mayors' and Councilmembers' Association, 4/14/11 mtg. (AA/JM/GB) Mayor Belforte, Vice Mayor Mackenzie and Council Member Ahanotu reported on this meeting. 2. Association of Bay Area Governments (ABAG) General Assembly, 4/14/11 (JM) Vice Mayor Mackenzie reported on this meeting which included a report on the past and creation of ABAG and long term strategic discussions and looking at economic benefits of consolidation. 3. Sonoma County/City Solid Waste Advisory Group (SWAG), 4/18/11 mtg. (PS) Council Member Stafford reported on this meeting which included indicating things are moving in a more positive direction compared to a year ago with good City Manager and City Attorney representation and a research group made up of environmentalists, business people and policy makers. She reported on the progress of the permit process submitted for the landfill; reasons for hoping for 80% diversion by 2015; problems related to Prop 26 and if there is a decision to close the landfill, reviewed teason it would have to go to the vote of the people. 15. COMMUNICATIONS - None 16. MATTERS FROM/FOR COUNCIL A. Council Member Stafford reported on recent successful Earth Day efforts with people in the community involved with the Adopt a Park Program worked in different parks in different areas. The Boys & Girls Club did a great job working in the City Center. She commended everyone on doing a great job working in the community and making it a better place to live. 17. PUBLIC COMMENTS Mayor Belforte invited public comments at 8:59 p.m. No one responded. 18. RECESS TO CITY COUNCIL CLOSED SESSION IN CONFERENCE ROOM 2A Mayor Belforte recessed the meeting at 8:59 p.m. to closed session to consider: A. PUBLIC EMPLOYEE PERFORMANCE EV ALUA TION (Goveriunent Code S54957) Title: City Attorney B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code S54956.8) Property: Described as a generally 60-foot wide city-owned right-of-way bound by Enterprise Drive on the south, railroad tracks on the east, Rohnert Park Expressway on the north and State Farm Insurance property on the west City Negotiator: Gabriel Gonzalez, City Manager Negotiating parties: City of Rohnert Park and John Lackey, Interim Real Estate Manager, for Sonoma Marin Area Rail Transit (SMART) Under Negotiation: Price and Terms 19. RECONVENE JOINT REGULAR MEETING OPEN SESSION Mayor Belforte reconvened this meeting at 9:54 p.m. with all Council Members present. 20. MAYOR'S REPORT ON CITY COUNCIL CLOSED SESSION (Government Code ~54957.1) Mayor Belforte advised City Council met in closed session consider to items listed on the agenda including Public Employee Performance Evaluation of the City Attorney concluding in unanimous approval by the City Council that the City Attorney is doing a great job; and Council reviewed the second item regarding Conference with Real Property Negotiators on the property as listed and described on the agenda. 21. ADJOURNMENT of City Council-CDC-RPFA Joint Regular Meeting Mayor Belforte adjourned this meeting at 9:55 p.m. ;;J:1Jgt:ll- Judy auff, City e City of Rohnert Park