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2011/05/10 City Council Minutes MINUTES OF THE JOINT REGULAR MEETING CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday, May 10,2011 Rohnert Park City Hall, Council Chamber 130 A vram Avenue, Rohnert Park, California 1. CALL TO ORDER/ROLL CALL Mayor Pro-Tempore Mackenzie called the City Council/CDC/RPF A joint regular meeting to order at 5 :03 p.m. Present: Jake Mackenzie, Vice Mayor/Mayor Pro Tempore Amy Ahanotu, Council Member Joseph T. Callinan, Council Member Pam Stafford, Council Member Absent: Gina Belforte; Mayor Staff present: Gabriel Gonzalez; City Manager; "Michelle Marchetta Kenyon, City Attorney; Terri Griffin, Deputy City Clerk; and Judy Hauff, City Clerk. 2. PLEDGE OF ALLEGIANCE - Led by Andrew & Carla Cedefio, Students, John Reed School 3. SSU STUDENT REPORT By Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative Mayor Pro-Tempore Mackenzie noted the SSU student representative was not available for this report. ADDITIONAL ITEM: Mayor Pro Tempore Mackenzie shared contents and presented to the SSU Seawolves Softball Team a Proclamation Recognizing and Honoring the Sonoma State University Softball Team as Winners of the 2011 California Collegiate Athletic Association (CCAA) Championship, and extended best wishes for upcoming playoffs in Hawaii. 4. PRESENTATIONS A. Mayor Pro Tempore Mackenzie shared contents and presented to Beverly Hammond a Proclamation Supporting the 350 Home and Garden Challenge, May 14 & 15,2011. Ms. Hammond shared comments on this nationwide effort. B. Redwood Empire Municipal Insurance Fund (REMIF) Update by Mark Ferguson, General Manager, included review of benefits, city costs and related legislative matters. ADDITIONAL ITEM: C. In recognition and appreCiatIOn of John Dunn's last day as Interim Assistant City Manager, Mayor Pro Tempore Mackenzie presented a Y ouTube video, "Rohnert Park says Good Bye to John Dunn," a Barbara Mackenzie production on "Dunn's Done," to provide him with a souvenir and memories of Rohnert Park. 5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS A. Introduction of New Code Compliance Officer, Douglas Hearn by Director of Development Services/City Engineer Jenkins. B. Earth Day Extravaganza Recap - DEFERRED C. Performing Arts Center Update by Gene Abravaya, PAC Theater Manager ADDITIONAL ITEM: D. City Manager Gonzalez announced the upcoming retirement of City Clerk, Judy Hauff, on June 30, 2011, and introduced his appointment of the new City Clerk, Terri Griffin, to be effective July 1, 2011. ADDITIONAL ITEM: Mayor Pro Tempore Mackenzie acknowledged this is "Bike to Work Week" and invited Creighton Bell, Chair of the Bicycle Advisory Committee, to comment on this. Mr. Bell reviewed planned efforts for "Bike to Work Day" on Thursday, May 12,2011. AGENDA ORDER: At 6:05 p.m. Mayor Pro Tempore Mackenzie recommended moving Item No. 12 on Sewer Service Charges forward on the agenda. to be handled immediately following the Consent Calendar and ahead of Item No.8. Council concurred. 6. PUBLIC COMMENTS-Mayor Pro Tempore Mackenzie invited public comments at 6:07 p.m. A. Jeff Schach, resident, shared comments regarding Brain Freeze Yogurt hosting a Downtown Summer Cinema one Friday night per month after the Farmers Market to be sponsored by local businesses. He distributed sponsorship information and requested the City's sponsorship through a waiver of the application fees. Council majority agreed to refer this request to the City Manager to report back on a future agenda. B. Jim Stevens, resident, asked if Snyder Lane could be included in future paving projects. Following Mayor Pro Tempore Mackenzie's request for staff to respond, Director of Development Services/ City Engineer Jenkins advised that a portion of the Snyder Lane project is to be widened along with installation of the new sewer pipeline in the future and timing will be dependent on availability of funding. 7. CONSENT CALENDAR City Attorney Kenyon indicated the necessity of revisions to Item 7.C.2 for Resolution No. 2011.;.36 as follows: (1) bottom of 1 st page in the paragraph beginning, "Now, therefore, be it resolved," following "grants the appeal," to add, "and approves Planning Application PL20 11-008UP," and (2) bottom of 2nd page in the final paragraph beginning, "Be it further resolved," revise the wording of the paragraph after, "subject to the following conditions," to: "1. The use permit approval shall expire one year from the City Council approval date, unless prior to the expiration date one of the following events occur: (1) a business license or a building permit is issued and construction is commenced and diligently pursued toward completion so that the use is initiated; or (2) an extension is requested and approved." A. Approval of Minutes for: 1. City-CDC-RPFA Joint Regular Meeting - April 26, 2011 B. Acceptance of Reports for: 1. City Bills/Demands for Payment 2. CDC Bills/Demands for Payment C. City Council Resolutions for Adoption: 1. 2011-35 Approving a Lease Agreement with Girl Scouts of Northern California for Use of the Scout Hut 2. 2011-36 Granting the Appeal of Planning Commission Decision to Deny a Conditional Use Permit for a Tobacco Store Located at 540 Raley's Towne Centre No. 23 ACTION: Moved/seconded (Callinan/Stafford) and carried 4 ~ 0 - 1 absent (Belforte) to approve the Consent Calendar items including acceptance of changes to Item 7.C.2 for Resolution No. 2011-36 as reviewed above by City Attorney Kenyon. As previously indicated, Council concurred to move Item No. 12 forward on the agenda for handling at this time. 12. SEWER SERVICE CHARGES - Consideration of Adopting a New Rate Structure and Rate Plan for Sewer Service Charges A. Staff Report -Interim Assistant City Manager Dunn provided opening comments for this item and introduced rate analyst, Consultant Bob Reed of the Reed Group, Inc., who provided the report on this item. Mayor Pro Tempore Mackenzie requested for the record that the City Attorney comment on legal aspects of this item. City Attorney Kenyon reported that she and her colleagues have thoroughly reviewed this item. They have worked closely with Mr. Reed and are thoroughly convinced that this new rate structure is sound and meets all Proposition 218 legal requirements. B. PUBLIC HEARING - Opportunity to hear public comment and receive written protests on proposed new rate structure and rate plan for sewer charges necessary to sustain City sewer operation. Mayor Pro Tempore Mackenzie reviewed the process for this public hearing reminding everyone that if they wished to file a written protest against the proposed new sewer rates, they must deliver it to the City Clerk before the close of this hearing. The requirements for a valid written protest were sent to all the City's sewer customers in March, with additional copies of that notice at the back of the room. Only written protests received by the Clerk before closing this hearing tonight will be counted. If written protests are received for a majority of the parcels that would be subject to the new sewer rate, we will not proceed further. With the opening of this public hearing, any interested person may speak to the Council on this proposal, whether in favor of it or opposed to it, or just has something to say about it. 1. Open Public Hearing Mayor Pro Tempore Mackenzie opened the public hearing for this item at 6:49 p.m. 2. Public comments a. Jim Stevens, resident, expressed agreement with the proposed rates. b. Bonnie Black, resident and Member of the Sewer Fund Stakeholders Group, expressed agreement with the proposed rates. c. Joe Gaffney, resident and Chair of the Sewer Fund Stakeholders Group, expressed agreement with the proposed rates. d. Susan Adams, resident and Member of the Sewer Fund Stakeholders Group, expressed agreement with the proposed rates~ e. Andy Durkee, resident and Member of the Sewer Fund Stakeholders Group, expressed agreement with the proposed rates. f. Mac McCaffry, resident and Member of the Sewer Fund Stakeholders Group, expressed agreement with the proposed rates and also recommended individual water meters for all homes in Rohnert Park. g. Brian Thomas, resident and Member of the Sewer Fund Stakeholders Group, expressed agreement with the proposed rates. Mayor Pro Tempore Mackenzie announced that the next speaker is the last speaker and advised that following this speaker's remarks, he would close this public hearing. At that time, the City Clerk will no longer accept any more written protests. h. Juliana Balistroni, resident, expressed support of the proposed rates and expressed concern about the amount of written material received in the mail on this issue. 3. Close public hearing Mayor Pro Tempore Mackenzie closed the public hearing on this item at7:08 p.m. .C. Report from City Clerk on written protests received City Clerk Hauff reported the City Clerk has received 39 protests with regard to the new sewer rates. Because there are 11,066 parcels subject to the new sewer rates, it can be clearly seen that the number of protests received is less than one-half of the parcels that would be subject to the new sewer rates. Therefore, a majority protest has not been filed. D. Council discussion Council commended the process and efforts involved for this item and indicated agreement with the need to move forward with the proposed sewer rates as reviewed. E. Council consideration of adoption of new rates (if there is no majority protest) 1. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title: a. No. 837 (Uncodified) Adopting a New Rate Structure and Rate Plan for Sewer Service Charges ACTION: Moved/seconded (Callinan/Stafford) and carried 4 - 0 - 1 absent (Belforte) by roll call vote to introduce above-titled Ordinance No. 837 as submitted. GENERAL PUBLIC COMMENTS RE-OPENED Mayor Pro Tempore invited additional public comments at 7:21 p.m. due to a prevIOUS speaker card inadvertently overlooked. 1. Cecelia Alcala, resident, inquired about necessary steps to take regarding the possibility of changing the name of Cielo Park and remodeling it in memory of Kevin C. Craft whose life was taken on April 22nd. Mayor Pro Tempore Mackenzie advised he would "refer this matter to the City Manager to report back to Council and have staff communicate to Ms. Alcala possibilities regarding memorials. 8. CAMINO COLEGIO PAVING PROJECT - Consideration of Adding Class II Bike Lanes along Camino Colegio from Southwest Boulevard to East Cotati A venue A. Staff Report by Deputy City Engineer Barnes B. Public Comments Mayor Pro Tempore Mackenzie invited public comments for this item at 7:35 p.m. 1. Creighton Bell, Chair of the Bicycle Advisory Committee, expressed agreement with the Class II Bike Lanes as described in the staff report for this item. C. Council discussion/direction - Council discussion concluded in Council concurrence for staff to move forward with this item as recommended in the staff report, to notice the residents of the subject section of Camino Colegio of the intent to add Class II bike lanes and allow parking on only one side of Camino Colegio in conformance with the Bicycle Master Plan, and to bring this matter back to a future Council meeting for consideration. 9. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports 1. WaterIssues, 5/5/11 mtg. (GB/JM) Mayor Pro Tempore Mackenzie reported on this meeting which included Sonoma County Water Agency Update, Sewer Rate Update, and 2010 Urban Water Management Plan Update. B. Liaison Reports 1. Russian River Watershed Association Board of Directors, 4/28/11 mtg. (PS) Council Member Stafford reported on this" meeting which included comments on the Student Video Contest A wards Presentation and her discussion with the City Manager about students providing a report on this at a future Council meeting. She also advised there will be a refund from the City's payment made last year to the Russian River Watershed Association. Mayor Pro Tempore Mackenzie reported on administrative changes by this Board with the hourly rates of two cut in half. 2. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCT A/RCP A), 5/9/11 mtg. (JM) - Mayor Pro Tempore Mackenzie reported on this meeting which included continued involvement in the feasibility study for the Community Choice Aggregation working toward developing renewable energy resources, and discussion on the status of the Wilfred/Dowdell project. C. Other Reports - None 10. COMMUNICATIONS Council Member Stafford commented on concerts by the Community Band on May 1 st and Memorial Day at the Community Center. 11. MATTERS FROM/FOR COUNCIL Mayor Pro Tempore Mackenzie, shared information on behalf of Mayor Belforte, regarding efforts for this year's 75th Anniversary of the Sonoma County Fair looking for different community groups, such as the Community Band,. Choral Group, and Cinco DeMayo performers, to be part of this and participate on Rohnert Park Day. 13. PUBLIC COMMENTS - NONE Mayor Pro Tempore Mackenzie invited public comments at 7:54 p.m. No one responded. 14. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A Mayor Pro Tempore Mackenzie recessed the meeting at 7:54 p.m. to consider: A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code S54957.6) Agency designated representative: Gabriel Gonzalez, City Manager Rohnert Park Employees' Association (RPEA) Rohnert Park Public Safety Officers' Association (RPPSOA) Service Employees' International Union (S.EJ.D.) Local 1021 Confidential and Management Units 15. RECONVENE JT. REGULAR MEETING OPEN SESSION IN COUNCIL CHAMBER Mayor Pro Tempore Mackenzie reconvened this meeting at 8:57 p.m. with all Council Members present except Mayor Belforte. 16. MAYOR'S REPORT ON CLOSED SESSION (Government Code ~ 54957.1) Mayor Pro Tempore Mackenzie advised Council reviewed matters as listed on the agenda for closed session and there was nothing to report from closed session. 17. ADJOURNMENT of City Council-CDC-RPF A Joint Regular Meeting Mayor Pro Tempore Mackenzie adjourned this meeting at 8:58 p,m. ;;t:;(!./;:t~k City of Rohnert Park ~ 'r<-k- J2 J~ckenzie, Mayor Pro City of Rohnert Pa "