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2012/10/09 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, October 9, 2012 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL/RPFAlSUCCESSOR 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 5:04 pm, the notice for which being legally noticed on October 4, 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, City Attorney Kenyon, City Clerk Buergler, Director of Public Works and Community Services McArthur, Community Services Manager Miller, Public Safety Sergeant Johnson, Director of Development Services & City Engineer Jenkins, Director of Public Safety Masterson, and Director of Finance Orme. 2. PLEDGE OF ALLEGIANCE Led by Annabella Duccini and Kyralynn Neilsen, John Reed Elementary School students and Ronny Neilsen. 3. PRESENTATION A. Mayor's Presentation ofa Proclamation Proclaiming October 2012 as Domestic Violence Awareness Month in Rohnert Park Mayor Mackenzie read and presented the proclamation. Madeleine Keegan O'Connell, YWCA Sonoma County Executive Director, accepted the proclamation City ofRohnert Park Joint Regular Meeting Minutes for City Council/Rohnert Park Financing Authority/Successor Agency October 9,2012 Page 2 of6 and provided information on upcoming events and work being done within the community. B. Certificates of Recognition of the 50th Anniversary Event Sponsors and Organizers Mayor Mackenzie read and presented the certificates of recognition. 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: Friendly City Sign Update Public Works and Community Services Director McArthur, General Services Supervisor Kelly, and Dave Armstrong provided the update. The sign is complete and landscaping is the next step. The ribbon cutting ceremony will be October 13, 2012, from 4:30 to 6:30 pm. Mr. Armstrong requested a City logo to be used for the plaque which will be mounted on the Friendly City Sign. ACTION: Staffto follow up on logo request. 6. PUBLIC COMMENTS 7. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPF AlSuccessor Agency Joint Regular Meeting September 25, 2012 B. Acceptance of Reports for: 2. City Bills/Demands for Payment dated October 9, 2012 3. Successor Agency to the CDC Bills/Demands for Payment dated October 9,2012 4. City - Cash Report for Month Ending August 2012 C. City Council Resolutions for Adoption: 1. 2012-116 Authorize and Approve Amended and Restated Grant of Storm Drain Easement Agreement, NBC Partners, LLC, Relating to the Chipotle Building (APN 143-051-073) 2. 2012-118 Rejecting the Claim of Carol D. Doney ACTION: Moved/seconded (Callinan/Belforte) to approve the Consent Calendar. Motion carried 5-0. 8. ORDINANCE FOR INTRODUCTION AMENDING SECTION 5.04.060 OF THE ROHNERT PARK MUNICIPAL CODE "EXEMPTIONS" OF TITLE 5, "BUSINESS LICENSE - GENERAL PROVISIONS" City of Rohnert Park Joint Regular Meeting Minutes for City Council/Rohnert Park Financing Authority/Successor Agency October 9,2012 Page 3 of6 Director of Public Works and Community Services McArthur and Community Services Manager Miller presented the item. Recommended Action(s): Introduce Ordinance by title only amending section 5.04.060 of the Rohnert Park Municipal Code: "Exemptions" of Title 5, "Business Licenses-General Provisions" to exempt certain vendors from business licensing requirements. ACTION: Moved/seconded (Belforte/Stafford) Approving Introduction of Ordinance by title only, amending section 5.04.060 of the Rohnert Park Municipal Code: "Exemptions" of Title 5, "Business Licenses-General Provisions" to exempt certain vendors from business licensing requirements. Title read by Mayor Mackenzie. Motion carried by the following roll call vote- Ayes: Belforte, Callinan, Stafford, and Mackenzie. Noes: Ahanotu. Abstain: None. Absent: None. (4-1-0). 9. BOARD / COMMISSION / COMMITTEE APPOINTMENT City Manager Gonzalez presented the item. Recommended Action: nominate and appoint one (1), "at large," two-year unexpired term, expiring December 31, 2012, to the Sister Cities Relations Committee. ACTION: Stafford nominated Alicia Bonner for appointment to two-year, unexpired term, expiring December 31, 20 I 2, Callinan seconded. By consensus City Council supports the appointment. 10. PUBLIC HEARING (NO EARLIER THAN 6PM) Application by Danny Nakash for Certificate of Convenience-Taxi Permit for Raz Taxi and Limousine Services Public Safety Sergeant Johnson presented the item. Danny Nakash addressed City Council. Recommended Action: (1) Hold duly noticed and scheduled public hearing; (2) determine if a Certificate of Public Convenience (Taxi Permit) should be issued to Danny Nakash d.b.a. Raz Taxi and Limousine Service; and (3) if so determined, adopt resolution finding the Public Convenience and Necessity for Danny Nakash d.b.a. Raz Taxi and Limousine Service to provide taxicab service in Rohnert Park. Public Hearing Opened 6:20 pm Public speaking in support of the item: Raz Taxi Public Hearing Closed 6:23 pm ACTION: Moved/seconded (Belforte/Callinan) Approving resolution 2012-1 17 of the City Council of the City of Rohnert Park finding the public convenience and necessity for Danny Nakash, d.b.a. Raz Taxi and Limousine Service, to provide taxicab service in the City ofRohnert Park. Motion carried 5-0 City ofRohnert Park Joint Regular Meeting Minutes for City Council/Rohnert Park Financing Authority/Successor Agency October 9,2012 Page 4 of6 11. STANDING COMMITTEE / LIAISON REPORTS A. Standing Committee Reports B. Liaison Reports 1. Russian River Watershed Association BOD, 9/27 (JM/PS) Mayor Mackenzie reported on a presentation regarding work happening on the North Coast and Russian River Water Shed, City staff has been meeting with the Sonoma County Water Agency regarding the Water Smart Development Guidebook, Rohnert Park is participating with the Safe Meds Round-up, and work continues on the Stormwater Phase II permit. SCT AlRCP A, 10/8 (JM) 2. SCTA/RCPA, 10/8 (JM) Mayor Mackenzie reported the regional climate protection authority by statute has been extended and will continue its work for another 8 years. 3. Chamber of Commerce BOD, 9/18 (PS) Vice Mayor Stafford reported the Chamber continues to work on membership, they provided a large volunteer effort for the 50th Anniversary celebration, and Congressman Thompson was the NoonTimes speaker. 4. Golf Oversight Committee, 10/2 (PS) Vice Mayor Stafford reported the committee receives reports from golf course representatives and overall consensus is the course is in great condition and play is up. The committee discussed signage. Council Member Belforte suggested asking the committee to add restroom use to their sign discussion. C. Other Reports Council Member Ahanotu attended a Chamber of Commerce mixer at GNC Auto Body and encouraged other Council Members to attend such events to demonstrate support ofJocal businesses. Mayor Mackenzie met with Sonoma County Public Health Officer Lynn Silver Chalfin, MD, MPH. Chalfin has been meeting with mayors in Sonoma County investigating various health problems in the communities. 12. COMMUNICATIONS A. Letter from Y oshiyuki Kinoshita, Mayor of Hashimoto City, Japan congratulating the City on its 50th Anniversary B. Director of Public Works & Community Services McArthur's response to Maurice Fredericks question about ownership/maintenance of trees fronting 6950 Commerce 13. MATTERS FROM/FOR COUNCIL A. Scheduling of future agenda item regarding expiring terms of City ofRohnert Park's boards, commissions, and committees City of Rohnert Park Joint Regular Meeting Minutes for City Council/Rohnert Park Financing Authority/Successor Agency October 9,2012 Page 5 of6 ACTION: By Consensus City Council supported making appointments at the November 27,2012 meeting prior to the expiration ofterms. 14. PUBLIC COMMENTS Disclosure of potential conflict on Item 15: Council Members Ahanotu, Belforte, Callinan, and Vice Mayor Stafford have a potential conflict of interest because they reside within 500 feet of the golf course. Pursuant to the rule of necessity to establish a quorum, there was a random selection process September 13,2011 where Belforte and Stafford were selected to participate. Council Member Ahanotu left the Council Chambers and Council Member Callinan remained in the audience to speak to the item as a member of the public. 15. CONSIDERATION AND APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK GOLF LP (COURSE CO, INC.) FOR THE OPERATION AND MAINTENANCE OF THE CITY'S TWO 18-HOLE GOLF COURSES (FOXTAIL GOLF COURSE) City Manager Gonzalez and Director of Public Works and Community Services McArthur presented the item. Recommended Action(s): Adopt Resolution 2012-119 Authorizing and Approving Foxtail Golf Course Lease Agreement by and between the City ofRohnert Park and Rohnert Park LP, A California Limited Partnership. Public speaking in opposition to the item: Joseph T. Callinan, as a member of the public. ACTION: Moved/seconded (Stafford/Mackenzie) Approving Resolution 2012-119 Authorizing and Approving Foxtail Golf Course Lease Agreement by and between the City of Rohnert Park and Rohnert Park LP, A California Limited Partnership. Council Member Belforte stated for the record: that I am disappointed this did not go out to bid. We have altered this contract, I don't know how many times, and I think, it's not you, but we look at everything competitively and we didn't look at this competitively, and I just I feel like I'm forced into this. I walk out my door, I don't have to walk very far and I can see some problems. Soggy areas, cracked cement, dry grass areas that have huge cracks in the dirt. This might be a good contract; I don't think it's a great contract for the City and so I'm not going to vote to support this. Motion failed 2-1-2. (Belforte No, Ahanotu and Callinan Absent) ACTION: Moved/seconded (Mackenzie/Stafford) authorizing the City Manager to sign the agreement with Foxtail Golf Course Lease Agreement by and between the City of Rohnert Park and Rohnert Park LP, A California Limited Partnership. Motion carried 2-1-2. (Belforte No, Ahanotu and Callinan Absent) City of Rohnert Park Joint Regular Meeting Minutes for City Council/Rohnert Park Financing Authority/Successor Agency October 9, 2012 Page 60f6 16. CLOSED SESSION A. Recess to Closed Session at 7:04 pm in Conference Room 2A to Consider: 1. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code S 54956.9: (One case) 2. Personnel Matters (Government Code S 54957) Public Employee Performance Evaluation - Title: City Manager 3. Personnel Matters (Government Code S 54957) Public Employee Performance Evaluation - Title: City Attorney B. Reconvene Joint Regular Meeting Open Session In Council Chamber 8:26 pm C. Mayor's Report On Closed Session (Government Code S 54957.1) No reportable action. 17. ADJOURNMENT Mayor Mackenzie adjourned the joint regular meeting at 8:26 pm ~~ /'