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2011/09/13 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, September 13,2011 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 Pam Stafford, Council Member Absent: Joseph T. Callinan, Council Member Staff present: City Manager Gabriel Gonzalez, City Attorney Michelle Marchetta Kenyon, and City Clerk Terri Griffin. 2. PLEDGE OF ALLEGIANCE - Mayor Belforte led the Pledge of Allegiance. 3. SSU STUDENT REPORT Amanda Burke, Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative provided an update regarding current activities at SSU. 4. PRESENTATIONS A. Kristen Reeder, Education Outreach Director, made a presentation regarding services by Sonoma County Wildlife Rescue B. Lynne Conde, Director of Santa Rosa Junior College Medical Assisting Program and faculty of Bauman College, made a presentation regarding healthy eating, fitness and academic performance and accepted a Proclamation Proclaiming the Week of September 26-30, 2011 as Childhood Obesity Prevention and Fitness Week. 5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS Director of Development Services Darrin Jenkins reported on a recent Building Code Enforcement Evaluation report issued by the Insurance Services Office (ISO). 6. PUBLIC COMMENTS 1. Lee Pierce, Government Affairs Manager, Global Recovery, spoke regarding Agenda Item No.8. 2. Maureen Gleeson spoke regarding Agenda Item No.8. 7. CONSENT CALENDAR Vice Mayor Mackenzie pulled Item 7.C.l (Resolution 2011-86). Council Member Stafford pulled Item 7.D (Approval of Letter of Commitment to Support the SunShot Initiative: Rooftop Solar Challenge to Induce Market Transformation Funding Opportunity (DE-FP A-0000549).) Mayor Belforte pulled Item 7.B. I (City Bills/Demands for Payment dated September 13,20 II). A. Approval of Minutes for: 1. City Council/CDC/RPF A Joint Regular Meeting - August 23, 20 I I B. Acceptance of Reports for: 2. CDC Bills/Demands for Payment dated September 13,2011 ACTION: Moved/seconded (Mackenzie/Stafford) and carried 4-0-1 (Callinan absent) to approve the Consent Calendar except for Items 7 .B.I, 7.C. I, and 7.D. Items removed from Consent Calendar: 7 .B. I Acceptance of City Bills/Demands for Payment dated September 13, 20 II. Mayor Belforte stated her intention to abstain due to a listed payment to her business. ACTION: Moved/seconded (Mackenzie/Stafford) and carried 3-0-1- I (Bel forte abstain and Callinan absent) to accept Item No. 7.B.l. 7.C.l Adoption of Resolution No. 2011-86, Approving a Reimbursement Agreement between City of Rohnert Park and Sonoma Land Acquisition Company, LLC for Northwest Specific Plan Area ACTION: Following Council discussion, it was moved/seconded (Mackenzie/Stafford) and carried 4-0-1 (Callinan absent) to approve Item No. 7.C.1. 7.D. Approval of Letter of Commitment to Support the SunShot Initiative: Rooftop Solar Challenge to Induce Market Transformation Funding Opportunity (DE-FPA-0000549) ACTION: Following Council discussion, it was moved/seconded (Stafford/Mackenzie) and carried 4-0-1 (Callinan absent) to approve Item No. 7.D. 8. AWARD FOR TEMPORARY DEBRIS BOX SERVICES Consideration of (1) rejecting certain applications for exclusive and non-exclusive temporary debris box and roll-off collection services as non-responsive and affirming other applications as responsive; and (2) awarding a franchise agreement for exclusive temporary debris box and roll-off collection services to Rohnert Park Disposal, Inc. Vice Mayor Mackenzie noted that a revised Resolution No. 2011-88 was placed on the dais for the Council's consideration. City Attorney Kenyon further noted that copies of the supplemental packet and revised resolution were placed on the table at the rear of the Council Chamber. A. Staff report provided by City Manager Gonzalez, Richard Tagore-Erwin, R3 Consulting, and City Attorney Kenyon. City Attorney Kenyon further reported on a potential threat of litigation received within the last 24 hours regarding continuation rights. As a result, two major changes were made to Resolution No. 2011-88: (1) a more thorough explanation of the continuation rights issue was included for a full record; and (2) an indemnification requirement by Rohnert Park Disposal was included in the event there is litigation concerning the award. Council Member Stafford and Mayor Belforte provided a report for the Waste & Recycling Committee. B. Public Comments ]. Curtis Michelini, Industrial Carting 2. John Moore, attorney for Industrial Carting 3. Terry Benedict C. Resolutions for Adoption: 1. 2011-87 Rejecting Certain Applications for Exclusive and Non-Exclusive Temporary Debris Box and Roll-off Collection Services as Non-Responsive and Affirming Other Applications as Responsive ACTION: Moved/seconded (Stafford/Mackenzie) and carried 4-0-1 (Callinan absent) to adopt Resolution No. 2011-87. 2. 20 11-88 Awarding a Franchise Agreement for Exclusive Temporary Debris Box and Roll- off Collection Services to Rohnert Park Disposal, Inc. ACTION: Moved/seconded (Stafford/Ahanotu) and carried 4-0-1 (Callinan absent) to adopt the revised Resolution No. 2011-88. 9. GENERAL PLAN ANNUAL REPORT Review of the Annual Report on the Status of the General Plan Calendar Year 2009-2010, and direction to staff to file the Annual Report to the State Office of Planning and Research and the Department of Housing and Community Development A. Staff Report provided by Planning and Building Manager Marilyn Ponton. B. Public Comments: None DIRECTION: Council concurred to direct staff to file the Annual Report with the State Office of Planning and Research and the Department of Housing and Community Development. 10. PRIORITY DEVELOPMENT AREA Consideration of a draft application to designate Central Rohnert Park as a Priority Development Area (PDA) and direction to staff to complete application and bring final application and resolution authorizing submittal of application to FOCUS for Council adoption at the September 27, 2011 meeting. A. Staff Report provided by Management Analyst Eydie Tacata B. Public Comments: None DIRECTION: Council concurred to direct to staff bring the final application to designate Central Rohnert Park as a Priority Development Area (PDA) and a resolution authorizing submittal of the application to FOCUS for Council adoption at the September 27, 2011 meeting. 11. COMMUNITY DEVELOPMENT COMMISSION CONTINUATION ORDINANCE Consideration of introducing Ordinance No. ~39 determining to comply with the Alternative V oluntary Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Rohnert Park Community Development Commission. A. Staff Report provided by Economic Development Manager Babonis B. Public Comments: None C. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title: 1. No. 839 Ordinance of the City of Rohnert Park Determining to Comply with the Alternative Voluntary Redevelopment Program Pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in Order to Permit the Continued Existence and Operation of the Community Development Commission of the City of Rohnert Park ACTION: Moved/seconded (Mackenzie/Stafford) and carried 4-0-1 (Callinan absent) by roll call vote to introduce Ordinance No. 839. 12. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS Consideration of the City's position on the League of California Cities Annual Conference' Resolutions and direction to the City's voting delegate A. Staff Report provided by City Manager Gonzalez B. Public Comments: None DIRECTION: Resolution No. I: Alternative Methods of Meeting Public Notice Requirements and to Advocate for Revisions to the Government Code Recognizing Alternative Methods as a Means to Meet Noticing Requirements. Council concurred to direct the Mayor to approve this resolution. Resolution No.2: Tort Reform Council concurred to direct the Mayor to approve this resolution. Resolution No.3: Raising Public Awareness about the Imminent Health and Safety Concerns for Bullied Children Council concurred to direct the Mayor to approve this resolution. Resolution No.4: Prison Rape Elimination Act of2003 Due to a 2-2 tie, no Council direction was given and no action will be taken on this resolutioh. Resolution No.5: Replacement of the Death Penalty with the Sentence of Life Imprisonment without the Possibility of Parole A majority of the Council concurred to direct the Mayor to take no action on this resolution. Resolution No.6: City of Bell A majority of the Council concurred to direct the Mayor to approve this resolution. 13. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports: None B. Liaison Reports 1. Vice Mayor Mackenzie reported on the Sonoma County Transportation Authority/Regional Climate Protection Authority (SCT A/RPCA) meeting held September 12. C. Other Reports 1. Council Member Stafford reported on the Rohnert Park Chamber of Commerce Noontimes held September 7. 2. Mayor Belforte reported on the Chili N' Wheels event. 3. Council Member Stafford reported on the 1st Annual Art and Music Festival. 14. COMMUNICATIONS At the request of Council Member Ahanotu, City Attorney Kenyon provided an update regarding the issues raised in a recent communication received from Robert Grundman. Council concurred to direct the City Attorney to provide the City Attorney's previous legal review and opinion to the Council for consideration and possible further direction. 15. MATTERS FROM/FOR COUNCIL A. DIRECTION: Council concurred to schedule a City Council Work Session on October 11, 2011, at 4:30 p.m. regarding Fiscal Year 2010-]] Year End Financial Report and Fiscal Year 2011-12 Cash Emergency Preparedness Plan At the request of Mayor Belforte, Council concurred to allow the Mayor to discuss with the Mayors' and Councilmembers' Association membership the possibility of job creation through local public works projects. Mayor Belforte announced the upcoming Sock Hop fundraiser for the City's 50th Celebration on September 24 and a BBQ Cook-off at Sonoma Mountain Village on October 1. Mayor Belforte acknowledged the Public Safety Department for Chief Dennett's Memorial Service. Mayor BelfOlte reported that on September 11 at 10:00 a.m. the Public Safety Department participated in a National Moment of Remembrance by holding radio silence for one minute, sounding station alanns, and flying City flags at half-mast. Mayor Belforte further announced that five local churches also rang bells, observed a moment of silence, or stopped services in remembrance. 16. FOXTAIL GOLF COURSE Consideration of request byCourseCo, Inc., Foxtail Golf Course management firm, to renegotiate existing lease agreement between the City of Rohnert Park and CourseCo, Inc. A. Disclosure of potential conflict Council Member Stafford stated that she resides within 500' of the golf course. Council Member Ahanotu stated that he resides within 500' of the golf course. Mayor Belforte stated that she resides within 500' ofthe golf course. B. Random selection of disqualified council members City Clerk Griffin randomly selected Council Member Stafford and Mayor Belforte to participate in this matter by drawing their mimes out of a box. Council Member Ahanotu left the meeting at 8:01 p.m. C. Staff Report provided by City Manager Gonzalez. D. Public Comments I. Tom Isaak, Foxtail Golf Course 2. John Telischak, Foxtail Golf Course DIRECTION: Council concurred with the staff recommendation to (1) perform an analysis of the implications of renegotiating the agreement versus not renegotiating the agreement and report back to the Council within one month; and (2) direct staff to send CourseCo a demand letter for the delinquent amount due. 17. PUBLIC COMMENTS . None. 18. ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 8: 19 p.m.