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2011/10/25 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, October 25, 2011 Rohnert Park City Hall, Council Chamber 130 A vram Avenue, Rohnert Park, California 1. CALL TO ORDERJROLL 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 Pam Stafford, Council Memb.er Joseph T. Callinan, Council Member Absent: Staff present: City Manager Gabriel Gonzalez, City Attorney Michelle Marchetta Kenyon, and City Clerk Terri Griffin. 2. . PLEDGE OF ALLEGIANCE Led by Josh LaBoy, 6th grade student, Marguerite Hahn Elementary School 3. PRESENTATIONS A. Michael. Thompson, Assistant General Manager - Business Operations, provided an update regarding the Sonoma County Water Agency's Drainage Maintenance and Creek Restoration Program and the work performed by members of the Sonoma County Youth Ecology Corps. B. Mayor Belforte read a Proclamation Recognizing the Month of October as DollarWI$E Youth: Planning for the Future. 4. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS A. Public Safety Lieutenant Jeff Taylor provided a report on Halloween safety tips. B. Sergeant Mike Bates presented a Public Safety Annual Report regarding the expenditure of fees collected under the City's Use Permits for Alcoholic Beverage Establishments Ordinance. C. David Rowley provided an update regarding the launch of the Citizen Relationship Management (CRM) System: Reach Rohnert Park. D. Linda Babonis provided an update regarding Strategic Plan Process and Workshop scheduled for November 5, 2011 at 9:00 a.m. at the Rohnert Park Doubletree Hotel. 5. PUBLIC COMMENTS None 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City CounciIlCDC/RPF A Joint Regular Meeting - October 11, 2011 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated October 25,2011 2. CDC Bills/Demands for Payment dated October 25,2011 3. City Cash/Investments Report for Month Ending August 2011 4. CDC Cash/Investments Report for Month Ending August 2011 5. RPF A Cash/Investments Report for Month Ending August 2011 C. City Council Resolutions for Adoption: 1. 2011-99 Authorizing and Approving a Consultant Services Agreement with Environmental Science Associates (ESA) for Preparation of Environmental Documents for the Northeast Specific Plan Area 2. 2011-100 Supporting HR 192 (Woolsey) the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act 3. 2011-101 Rejecting Claim for Damages: Isabel Roa Del Valle D. Approval of Letter in Support of Sonoma County Water Agency River Parkways Grant Application for Colgan Creek Channel Restoration Project E. Approval of Cancellation of December 27, 2011, City of Rohnert Park Joint Regular Meeting due to holidays ACTION: Moved/seconded (Stafford/Mackenzie) and carried 4-0-1 (Callinan absent) to approve the Consent Calendar. 7. ECONOMIC DEVELOPMENT PROGRAM AND PRIORITIES Consideration and direction to staff regarding priorities for the Goals, Objectives and Strategies of the Economic Development Program A. Staff Report provided by Economic Development Manager Babonis B. Public Comments: None DIRECTION: Council concurred with the Economic Development goals, objectives, and strategies as presented and directed staff to bring the final program back to Council on a future agenda for formal approval. 8. TEMPORARY DEBRIS BOX SERVICES Consideration of all matters relating to the City Council's authorization of haulers to provide temporary debris box and roll-off services, including but not limited to: (a) rescission of the award for an exclusive single-provider agreement with Rohnert Park Disposal under Resolution 2011-88, (b) award of short term agreements on substantially similar terms to the agreement with existing haulers, and (c) rejection of all proposals and direction to the City Manager to begin negotiations for agreement(s) for temporary debtis box services on the open market. A. Staff Report provided by City Manager Gonzalez. B. Public Comments: 1. Maureen Gleeson, Rohnert Park 2. Richard Drury, Oakland 3. Mark Koorenny, Westlake Village 4. Cheryl Campers, Rohnert Park 5. Curtis Michelini, Santa Rosa C. Resolutions for Adoption: 1. 2011-102 Rescinding Resolution No. 2011-88, which Awarded a Franchise Agreement for Exclusive Temporary Debris Box and Roll-Off Collection Services to Rohnert Park Disposal, Inc. ACTION: It was moved/seconded (Mackenzie/Stafford) and carried 4-0-1 (Callinan absent) to adopt Resolution No. 2011- 102. 2. 2011-103 Authorizing the Adoption of Short-Term Agreements with Existing Haulers ACTION: It was moved/seconded (Stafford/Mackenzie) and carried 4-0-1 (Callinan absent) to adopt Resolution No. 2011- 103. 3. 2011-104 Rejecting All Proposals and Directing the City Manager to Negotiate Agreement(s) for Temporary Debris Box Services on the Open Market and Bring Back Recommended Agreement(s) to the City Council for Approval For the record: Vice Mayor Mackenzie noted the actions being taken were in response to Rohnert Park Disposal's refusal to execute the agreement, and he stated that he anticipates the negotiated agreements will reflect the direction of the prior agreement and proposals developed in the RFP process as to franchise fees and other matters. City Attorney Kenyon clarified that the negotiated agreement will follow the previous agreement and require haulers' compliance with all applicable legal requirements. With regard to issues such as franchise fees that may differ from prior agreements, the City Manager will be bringing those provisions back to City Council for approval. The Council is delegating the negotiation of the agreement and not the actual award. The Council may give direction to the City Manager regarding negotiations at this point. Otherwise the City Manager will use the franchise agreement included in the RFP as a basis for negotiation. ACTION: It was moved/seconded (Stafford/Mackenzie) and carried 4-0-] (Callinan absent) to adopt Resolution No. 201]- ]04. 9. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports: None B. Liaison Reports 1. Vice Mayor Mackenzie and Council Member Stafford reported on the Association of Bay Area Governments Fall General Assembly held October 13. 2. Mayor Belforte reported on the Sonoma County Mayors' and Councilmembers' Association meeting held October 13. 3. Council Member Ahanotu reported on the Library Advisory Board meeting held October] 8. 4. Council Member Stafford reported on the Chamber of Commerce Board of Directors meeting held October 18. C. . Other Reports 1. Council Member Stafford reported on the Spooktacular Magic Show on October 22 and the Music Extravaganza at the Senior Center. 2. Mayor Belforte reported on a ribbon cutting at Cross and Crown Lutheran Church Community Garden and a statewide collegiate track meet held at Sonoma State University. 10. COMMUNICATIONS Council Member Ahanotu acknowledged a letter from Stop the Casino 101 Coalition and a letter requesting that Rohnert Park business owners be allowed to serve on Rohnert Park commissions. City Attorney Kenyon clarified that the residency requirement could be changed if Council chooses to do so. DIRECTION: It was the majority consensus of the Council to direct staff to schedule this matter for further discussion on a future agenda. 11. MATTERS FROM/FOR COUNCIL A. Update regarding event held adjacent to Rohnert Park city limit (4260 Snyder Lane) DIRECTION: It was the majority consensus of the Council to direct staff to schedule this matter for further discussion on a future agenda. 12. PUBLIC COMMENTS 1. Cheryl Campers, Rohnert Park, spoke regarding issues with her neighbor. 13. CLOSED SESSION MATTERS Mayor Belforte recessed the meeting to closed session at7:29 p.m. A. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: 1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Concerned Citizens of Sonoma County, et al. v. City of Rohnert Park/Rohnert Park Disposal, Inc., et al. Sonoma County Superior Court No. 250536 2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: one case B. RECONVENE JOINT REGULAR MEETING OPEN SESSION IN COUNCIL CHAMBER Mayor Belforte reconvened the joint regular meeting open session at 8:30 p.m. All Council member were present except Council Members Ahanotu and Callinan. C. MAYOR'S REPORT ON CLOSED SESSION (Government Code S 54957.1) Mayor Belforte announced there was nothing to report from closed session. 14. ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 8:30 p.m.