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2012/11/13 City Council Minutes MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission Tuesday, November 13, 2012 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL/RPF A/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Mackenzie called the City Council/RPF A/Successor Agency joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on November 8, 2012. Present: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor Amy Ahanotu, Council Member Gina Belforte, Council Member Joseph T. Callinan, Council Member Absent: None Staff present: City Manager Gonzalez, Assistant City Attorney Barnhill, City Clerk Buergler, Director of Public Works and Community Services McArthur, Theatre Manager Abravaya, Technical Services Division Manager Mazzanti, Records Supervisor Giordano, Planning and Building Manager Ponton, and Director of Development Services & City Engineer Jenkins. 2. PLEDGE OF ALLEGIANCE Led by Riley Ward and Alice Ahlstedt, John Reed Elementary School students. 3. PRESENTATION A. Certificate of Recognition for Lisa Bagwell-Chamber of Commerce Mayor Mackenzie read and presented the Certificate of Recognition. Lisa Bagwell accepted the certificate and reminded all that Holiday Lights is Saturday, December 1 from 5 pm to 8 pm at City Center Plaza and the Crab Feed is Saturday January 5. City of Rohnert Park Joint Regular Meeting Minutes for City CouncillRohnert Park Financing Authority/Successor Agency November 13,2012 Page 2 of6 B. Update regarding future community anniversary events Jennifer Wiltermood announced Founders Day will be held Saturday, September 21, 2013. Volunteer opportunities are available. 4. SSU STUDENT REPORT Bernadette Butkiewicz, Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative provided the update regarding current activities at SSU. 5. DEPARTMENT HEAD BRIEFING A. Department of Public Works & Community Development: Performing Arts Center- Camelot update Theatre Manager Abravaya provided the update. 6. PUBLIC COMMENTS Andy Durkee spoke regarding the Military Banner Program. A letter was sent November 2010 to City staff seeking approval and he is now requesting a written formal approval from the City for the program. Durkee spoke in support of the pilot program. ACTION: By Consensus, Council will address the topic under Item 13, Matter from/for Council. 7. CONSENT CALENDAR B. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting October 23,2012 C. Acceptance of Reports for: 2. City Bills/Demands for Payment dated November 13,2012 3. Successor Agency to the CDC Bills/Demands for Payment dated November 13, 2012 D. City Council Resolutions for Adoption: 1. 2012-125 Rejecting the Claim of Sandra Young 2. 2012-126 Approving an Agreement by and between the City of Rohnert Park and CRW Systems Inc. for a Permit Management and Project Tracking Software System 3. 2012-127 Approving and Adopting the Plans and Specifications for the Traffic Signal Battery Backup, Project No. 2012-28 and Awarding the Contract to Siemens Industry, Inc. 4. 2012-128 Awarding a Second Amended and Restated Agreement between the City of Rohnert Park and Rohnert Park Disposal, Inc. for Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services E. Approval of Plans for: 1. The City of Rohnert Park Emergency Management Plan Update to meet State (SEMS) and Federal (NIMS) Compliance F. Acceptance of Letter of Resignation from Senior Citizens Advisory Commission Board Member Janie (Alice) Hawker City of Rohnert Park Joint Regular Meeting Minutes for City Counci/lRo/mert Park Financing Authority/Successor Agency November 13, 2012 Page 3 of6 ACTION: Moved/seconded (Belforte/Ahanotu) to approve the Consent Calendar. Motion carried 5-0. 8. PROPOSAL TO REPEAL AND REPLACE CHAPTERS 1.24 (NUISANCE ABATEMENT) AND 1.25 (ADMINISTRATIVE CITATIONS), AND CREATING CHAPTERS 1.26 (ADMINISTRATIVE HEARINGS) AND 1.27 (RECOVERY OF FEES, ASSESSMENTS AND COSTS) OF THE ROHNERT PARK MUNICIPAL CODE AND MAKING CONFORMING CHANGES TO SECTIONS 9.48.090, 9.48.100, AND 10.84.020 TO UPDATE CROSS REFERENCES TO CHAPTER 1 Technical Services Division Manager Mazzanti and Records Supervisor Giordano presented the item. Recommended Action(s): direct staff to revise the ordinance repealing and replacing Chapter 1.24 "Nuisance Abatement" and Chapter 1.25 "Administrative Citations" and creating Chapter 1.26 "Administrative Hearings" and Chapter 1.27 "Recovery of Fees, Assessments and Costs" to provide a more comprehensive and consistent means of administering related processes. Staff recommends making conforming changes to sections 9.48.090,9.48.100 and 10.84.020 to the Rohnert Park Municipal Code in order to update cross references in those sections to Chapter 1. ACTION: By Consensus City Council supported the Recommended Action(s) and requested that an ordinance be brought forward for introduction. Staff will return with information regarding government liens and their priority with regards to short sales. 9. ORDINANCE FOR INTRODUCTION AMENDING CHAPTER 8.12 OF THE ROHNERT PARK MUNICIPAL CODE TO AMEND PROVISIONS RELATING TO RATE-SETTING AND ALLOW FOR SELF-HAULING OF WASTE BY PERMIT UNDER SPECIFIED CIRCUMSTANCES City Manager Gonzalez presented the item. Recommended Action(s): introduce an ordinance amending Chapter 8.12 of the Rohnert Park Municipal Code to amend provisions relating to rate-setting and allow for self hauling of waste by permit under specified circumstances. ACTION: Moved/seconded (Belforte/Stafford) to introduce by title only Ordinance 851 amending Chapter 8.12 ofthe Rohnert Park Municipal Code to amend provisions relating to rate-setting and allow for self hauling of waste by permit under specified circumstances. Title read by Mayor Mackenzie. Motion carried by the following roll call vote- Ayes: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie. Noes: None. Abstain: None. Absent: None. (5-0). City of Rohnert Park Joint Regular Meeting Minutes for City CouncillRohnert Park Financing Authority/Successor Agency November 13,2012 Page 4 of6 ACTION: Moved/seconded (Callinan/Ahanotu) to take Item 10 out of order to hold the Public Hearing after 6:00 pm. 11. STANDING COMMITTEE / LIAISON REPORTS A. Standing Committee Reports B. Liaison Reports 1. Sonoma County Waste Management Agency, 10/24 Director of Public Works & Community Development McArthur reported the board unanimously approved a second, four-month extension to Sonoma Compost for compo sting services which will expire March 15, 2013. 2. Sonoma County Library JPA Review Advisory Committee, 10/26 Council Member Ahanotu reported Mike McGuire was appointed as Chair and John DelrOsso Vice-Chair. June 2013 is goal set for completing the JP A. Meeting dates are tentatively scheduled for 1/25/2013, 2/22/2013, 3/29/2013, and 4/26/2013. Library tour dates are scheduled for 11/29/2012 and 12/18/2012. 3. Sonoma County/City Solid Waste Advisory Group, 10/25 Vice Mayor Stafford reported the group continues to meet to discuss the landfill. Before moving forward, the group needs to know about costs, flow commitments, and indemnification. A letter was received from the City Managers' group and Republic Services requesting an extension. City Manager Gonzalez said the City Managers' group and city attorneys have been addressing these issues and the discussions will come forward to the City Council. C. Other Reports Mayor Mackenzie thanked those who organized the Veterans Day event. Mayor Mackenzie reported on his attendance at Sonoma County Strategies for Sustainability November 13,2012. Vice Mayor Stafford reported that the Chamber of Commerce NoonTimes speakers were Darrin Jenkins, Director of Development Services/City Engineer and Marilyn Ponton, Planning and Building Manager. 10. PUBLIC HEARING (NO EARLIER THAN 6PM) FOR INTRODUCTION OF ORDINANCE AMENDING SONOMA MOUNTAIN VILLAGE DEVELOPMENT AGREEMENT Planning and Building Manager Ponton presented the item. Richard Pope, Project Director, addressed City Council. Recommended Action: (1) Hold duly noticed and scheduled public hearing; (2) Introduce Ordinance amending the Development Agreement for the Sonoma Mountain Village Planned Development on property located southwest ofthe intersection of Bodway Parkway and Camino Colegio (APNs 046-051- 045, 046-051-040, and 046-051-042). City of Rohnert Park Joint Regular Meeting Minutes for City CouncillRohnert Park Financing Authority/Successor Agency November 13, 2012 Page 5 of6 Public Hearing Opened 6:21 pm Public speaking in support of the item: Mr. Pope thanked the City Council for considering the matter. Public Hearing Closed 6:21 pm ACTION: Moved/seconded (Stafford/Ahanotu) to introduce Ordinance 850 by title only amending the Development Agreement for the Sonoma Mountain Village Planned Development on property located southwest of the intersection of Bodway Parkway and Camino Colegio (APNs 046-051- 045,046-051-040, and 046-051-042). Title read by Mayor Mackenzie. Motion carried by the following roll call vote- Ayes: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie. Noes: None. Abstain: None. Absent: None. (5-0). 12. COMMUNICATIONS A. J. Olson, resident - requesting City to clear blackberry bushes along Laguna De Santa Rosa creek (due to rat infestation) and City response. B. Council Member Belforte reported receiving a communication regarding concern over a stack of railroad ties located near Walmart and contamination that could occur with rains and sawing. Mayor Mackenzie will call the SMART General Manager. C. Mayor Mackenzie reported receiving a communication from recently elected Assembly Member Mariko Yamada thanking the City for the invitation to Rohnert Park's Veterans Day Ceremony. 13. MA TTERS FROM/FOR COUNCIL A. Scheduling of future agenda item regarding cancellation of December 25,2012, City Council Meeting ACTION: By Consensus City Council supported cancellation of the meeting. B. Scheduling of future agenda item regarding Military Banner Program coordinated by Andy Durkee, citizen. ACTION: By Consensus City Council requested the item be agendized. 14. PUBLIC COMMENTS 15. CLOSED SESSION A. Recess to Closed Session at 6:42 pm in Conference Room 2A to Consider: 1. Conference with Legal Counsel - Existing Litigation (Government Code S54956.9(a)) Stop the Casino 101 Coalition v. City of Rohnert Park, Sonoma County Superior Court Case No. SCV 252617 City of Rohnert Park Joint Regular Meeting Minutes for City CouncillRohnert Park Financing Authority/Successor Agency November 13,2012 Page 6 of6 3. Personnel Matters (Government Code 9 54957) Public Employee Annual Performance Evaluation - Title: City Manager Disclosure of Potential Conflict: Council Member Callinan has a potential conflict of interest because he owns property within 500 feet of the property to be discussed and left the meeting at 9:10 pm. 2. Conference with Real Property Negotiators (Government Code 954956.8) Property: Gold Ridge School Property, 1455 Golf Course Drive (APN No. 160- 400-055) City Negotiator: Gabriel Gonzalez, City Manager Negotiating parties: City of Rohnert Park and Robert Haley, Superintendent, Cotati-Rohnert Park Unified School District Under Negotiation: Price and Terms B. Reconvene Joint Regular Meeting Open Session In Council Chamber 9:25 pm C. Mayor's Report On Closed Session (Government Code 9 54957.1) No reportable action on Items 15.A.1 and 15.A.2. The City Manager's annual performance evaluation (Item 15.A.3) was conducted. 16. ADJOURNMENT Mayor Mackenzie adjourned the joint regular meeting at 9:25 pm ~DJJ ackenzie, Mayor Rohnert Park }f -- ~ ~ 8~fV'- oAnne Buergler, City' lerk City of Rohnert Park